CINCINNATI – A Greene County man was sentenced in U.S. District Court today to nine years and 364 days in prison for illegally possessing the gun he used to shoot an Ohio wildlife officer.

Brian R. Liming, 45, of Jamestown, Ohio, was indicted by a federal grand jury and arrested by ATF agents in April 2021. He pleaded guilty in August 2021.

According to court documents, on Dec. 20, 2020, Liming illegally possessed a loaded 20-gauge shotgun. On that date, an officer with the Ohio Department of Natural Resources was shot while investigating illegal deer hunting near Martinsville, Ohio.

Liming was previously convicted of a misdemeanor crime of domestic violence, which prohibited him from possessing a firearm or ammunition.

Liming was convicted locally in Clinton County Common Pleas Court of felony assault and misdemeanor hunting charges related to the shooting and sentenced to 54 months of incarceration. Liming’s federal sentence will run consecutively to his local one.

Kenneth L. Parker, United States Attorney for the Southern District of Ohio, and Daryl S. McCormick, Special Agent in Charge, U.S. Bureau of Alcohol, Tobacco, Firearms & Explosives (ATF), announced the sentence imposed today by Senior U.S. District Judge Susan J. Dlott. Assistant United States Attorney Ashley N. Brucato and Adam Cullman, Department of Justice Trial Attorney from the Environment and Natural Resources Division are representing the United States in this case.

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NEWARK, N.J. – An Essex County, New Jersey, man today admitted conspiring to murder a federal witness to protect a drug trafficking enterprise of which he was a member, U.S. Attorney Philip R. Sellinger announced.

Ali Hill, 29, of East Orange, New Jersey, pleaded guilty before U.S. District Judge John Michael Vazquez to one count of a superseding indictment charging him with racketeering conspiracy.

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

From 2013 to March 12, 2018, Hill was a member of a drug trafficking enterprise responsible for distributing cocaine, heroin, marijuana and fentanyl in and around Newark. Hill became aware that another member of the enterprise was cooperating with federal law enforcement authorities in an investigation into illegal activity. Hill aided other members of the the enterprise in planning the murder of the victim, who was shot to death on March 12, 2018, as the victim walked his dog near a park in Bloomfield, New Jersey.

The count of racketeering conspiracy carries a maximum sentence of life in prison and a $250,000 fine. Sentencing is scheduled for Nov. 3, 2022.

U.S. Attorney Sellinger credited members of the East Orange Police Department, under the direction of Chief William C. Robinson, and special agents of the FBI, under the direction of Special Agent in Charge Jesse Levine in Newark, with the investigation leading to today’s guilty plea. He also thanked the Essex County Prosecutor’s Office, under the direction of Prosecutor Theodore N. Stephen II, for its assistance. 

The government is represented by Assistant U.S. Attorneys Robert Frazer and Naazneen Khan of the Organized Crime and Gangs Unit in Newark.

COLUMBUS, Ohio – A Columbus man was sentenced in federal court this morning to one year and one day in prison for threatening to bring a bomb to a local reproductive health services facility.

Carlos Manuel Rodriguez Brime, 26, also threatened to kill a patient whom he believed was seeking reproductive health services, specifically an abortion, at the clinic. 

On April 11, 2021, Brime made two separate telephone calls to the local reproductive health care clinic.  In the first, he made a death threat relating to the prospective patient and in the second, he made a bomb threat directly to the clinic, telling the clinic staff “my organization will be bringing a bomb to your facility. I suggest you close your doors.”

Specifically, Brime violated the Freedom of Access to Clinic Entrances (FACE) Act – which makes it a federal crime to threaten the use of force to intimidate anyone receiving or providing reproductive health services. He also transmitted a threat in interstate commerce.

“Reproductive health providers and people seeking access to these services must be able to do so free from violence and threats of violence,” said Assistant Attorney General Kristen Clarke. “This sentencing should send a strong message that the Justice Department will continue to aggressively enforce the FACE Act and hold those accountable who violate the law. We stand ready to ensure that healthcare providers and people seeking reproductive health services are safe, secure and free from violence and threats of violence.”

“Threatening the life of anyone who seeks any type of health service is a heinous act that should not be tolerated,” said U.S. Attorney Kenneth Parker. “People must handle their disagreements to positions that are contrary to theirs in a more civil way than using the threat of force or any kind of intimidation.”

Brime was indicted by a grand jury and arrested in September 2021. He pleaded guilty in February 2022.

Kenneth L. Parker, United States Attorney for the Southern District of Ohio; Kristen Clarke, Assistant Attorney General for the Civil Rights Division of the Department of Justice; J. William Rivers, Special Agent in Charge, Federal Bureau of Investigation (FBI), Cincinnati Division; and Columbus Police Chief Elaine Bryant announced the sentence imposed today by U.S. District Judge Edmund A. Sargus, Jr. Assistant United States Attorneys Emily Czerniejewski and S. Courter Shimeall and Civil Rights Division Trial Attorney Sanjay Patel are representing the United States in this case.

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Miami, Florida – A federal district judge in Miami sentenced the last of five defendants for his role in a health care fraud scheme operated out of a physical therapy clinic in Doral. 

According to court records, the defendants recruited and paid off beneficiaries of Blue Cross Blue Shield (BCBS) health insurance plans, then billed BCBS for services the clinic either never provided or which were not medically necessary.  The two clinic owners also used the business, Polyclinic Healthcare Corp., to fraudulently obtain COVID-19 relief funds.

The five defendants were sentenced as follows:

• Carlos Rafael Saez Dorta, age 42, (clinic owner) was sentenced to 135 months in prison following a jury trial, three years’ supervised release, and ordered to pay $4,434,069 in restitution;
• Veronica Ramos Hernandez, age 35, (clinic owner) was sentenced to 135 months in prison following a jury trial, three years’ supervised release, and ordered to pay $4,434,069 in restitution;
• Michael Burrowes, age 43, (patient recruiter) was sentenced to 46 months in prison following a guilty plea, three years’ supervised release, and ordered to pay $73,116.61 in restitution;
• Dianelis Garcia Alvarez, age 41, (office manager) was sentenced to 35 months in prison following a guilty plea, three years’ supervised release, and ordered to pay $357,256 in restitution; and
• Deandre Mitchell Gabriel, age 33, (patient recruiter) was sentenced to 24 months in prison following a guilty plea, three years’ supervised release, and ordered to pay $30,810 in restitution;

Juan Antonio Gonzalez, United States Attorney for the Southern District of Florida, and George L. Piro, Special Agent in Charge, FBI, Miami Field Office, made the announcement.

According to evidence introduced in court, the billing fraud conspiracy resulted in more than $8 million in false claims being submitted to BCBS.  Most of the claims were for unneeded or never-provided physical therapy treatments, such as electrical stimulation, ultrasound therapy, and therapeutic exercise, as well as for durable medical equipment.  

Additionally, the evidence showed that in 2021 the clinic owners (Saez and Ramos) applied for a $607,585 Paycheck Protection Program (PPP) loan as well as a $500,000 Economic Injury Disaster Loan (EIDL) from the U.S. Small Business Administration (SBA).  As a result, Saez and Ramos received over $1 million through these COVID-19 relief programs, stealing money that was meant for legitimate small businesses suffering from the devastating effects of the COVID-19 pandemic.

FBI Miami investigated the case.  Assistant U.S. Attorneys Shannon Shaw and Stephanie Hauser for the Southern District of Florida prosecuted the case.  Assistant U.S. Attorney Annika Miranda handled asset forfeiture.

The Coronavirus Aid, Relief, and Economic Security (CARES) Act is a federal law designed to provide emergency financial assistance to millions of Americans who suffered financially from the COVID-19 pandemic.  One source of relief provided by the CARES Act was the authorization of hundreds of billions of dollars in forgivable loans to small businesses for job retention and certain other expenses through the PPP. The CARES Act also authorized and provided funding to the SBA to provide EIDLs to eligible small businesses, including sole proprietorships and independent contractors, experiencing substantial financial disruptions due to the COVID-19 pandemic to allow them to meet financial obligations and operating expenses that could otherwise have been met had the disaster not occurred.  EIDL applications were submitted directly to the SBA via the SBA’s on-line application website, and the applications were processed and the loans funded for qualifying applicants directly by the SBA.

On May 17, 2021, the Attorney General established the COVID-19 Fraud Enforcement Task Force to marshal the resources of the Department of Justice in partnership with agencies across government to enhance efforts to combat and prevent pandemic-related fraud. The Task Force bolsters efforts to investigate and prosecute the most culpable domestic and international criminal actors and assists agencies tasked with administering relief programs to prevent fraud by, among other methods, augmenting and incorporating existing coordination mechanisms, identifying resources and techniques to uncover fraudulent actors and their schemes, and sharing and harnessing information and insights gained from prior enforcement efforts. For more information on the Department’s response to the pandemic, please visit https://www.justice.gov/coronavirus.

Anyone with information about allegations of attempted fraud involving COVID-19 can report it by calling the Department of Justice’s National Center for Disaster Fraud (NCDF) Hotline at 866-720-5721 or via the NCDF Web Complaint Form at: https://www.justice.gov/disaster-fraud/ncdf-disaster-complaint-form.

Related court documents and information may be found on the website of the District Court for the Southern District of Florida at www.flsd.uscourts.gov or at http://pacer.flsd.uscourts.gov, under case number 21-cr-20324.

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Tampa, Florida – U.S. District Judge Steven D. Merryday today sentenced Calfus W. Drummond (37, Gulfport) to 11 years and 6 months in federal prison for possession with the intent to distribute 400 grams or more of fentanyl; 500 grams or more of methamphetamine; cocaine and marijuana; and possession of a firearm in furtherance of a drug trafficking crime. Drummond had pleaded guilty on December 7, 2021. This federal sentence is to run consecutive to a 7-year prison sentence that a state court previously imposed on Drummond for possession of cocaine with the intent to distribute. The court also ordered Drummond to forfeit a Glock 19 pistol, Romrarm/Cuigar Draco pistol, Iver Johnson revolver, FIE E22 pistol, Glock 17 pistol, Ruger P90 pistol and 177 rounds of ammunition.

According to court documents, on October 9, 2018, Drummond pleaded nolo contendere to a 10-count Information in state court in Manatee County. The state charges that Drummond had pleaded to include possession of cocaine with the intent to distribute. Drummond was on bond when he pleaded guilty and later failed to appear for his sentencing, becoming a fugitive.

On February 4, 2021, law enforcement officers located Drummond at a hotel in Manatee County. The officers detained Drummond as he was getting into his car. The officers recovered a loaded firearm from the passenger seat of the car. The firearm was located underneath a backpack that officers had observed Drummond carrying. The officers searched the backpack and discovered 15 grams of fentanyl, 13.8 grams of methamphetamine, and 57 grams of cocaine. The officers also recovered four pounds of marijuana from inside Drummond’s car. More than $6,700.00 was seized from Drummond’s person during a search incident to arrest.

On that same day, subsequent to Drummond’s arrest, law enforcement officers executed a search warrant at Drummond’s residence and located two bags near Drummond’s front door. One bag contained three firearms, 35 grams of cocaine, 2 grams of fentanyl, and 210 grams of methamphetamine. The second bag contained nearly 1,890 grams of fentanyl and 115 grams of marijuana. Officers also officer recovered $9,836, a Ruger 45, and ammunition from Drummond’s bedroom, an additional 29 grams of fentanyl, 349 grams of methamphetamine, and 116 grams of marijuana were located inside the home. Two firearms and assorted ammunition were recovered from a shed located the back of the residence.

This case was investigated by the Manatee County Sheriff’s Office and the Drug Enforcement Administration. It was prosecuted by Assistant United States Attorney Charlie D. Connally.

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.    

Assistant Attorney General Kenneth A. Polite, Jr., of the Justice Department’s Criminal Division today announced the formation of the New England Prescription Opioid (NEPO) Strike Force, a joint law enforcement effort that brings together the resources and expertise of the Health Care Fraud Unit in the Criminal Division’s Fraud Section, the U.S. Attorneys’ Offices for three federal districts, as well as law enforcement partners at the U.S. Department of Health and Human Services Office of the Inspector General (HHS-OIG), U.S. Drug Enforcement Administration (DEA), and the FBI. The mission of the NEPO Strike Force is to identify and investigate health care fraud schemes in the New England region, and to effectively and efficiently prosecute individuals involved in the illegal distribution of prescription opioids and other prescribed controlled substances. The NEPO Strike Force will primarily target criminal conduct by physicians, pharmacists, and other medical professionals, focusing upon both health care fraud and drug diversion offenses, as relevant based upon the facts of the particular case.

“This NEPO Strike Force expands and sharpens the Justice Department’s response to the nation’s opioid epidemic,” said Assistant Attorney General Kenneth A. Polite, Jr., of the Justice Department’s Criminal Division. “In the last year, more than 75,000 people in the United States lost their lives due to overdose. Since 2018, some of the greatest spikes in the drug overdose death rate have occurred in New England. The NEPO Strike Force will help to address one of the root causes of the epidemic: unlawful prescription and diversion of opioids. Together with our partners, we will fulfill the department’s solemn promise to deploy critical resources to address the opioid crisis.”

Assistant Attorney General Polite was joined in the announcement in Concord, New Hampshire, by U.S. Attorney Jane E. Young for the District of New Hampshire; U.S. Attorney Darcie N. McElwee for the District of Maine; U.S. Attorney Nikolas P. Kerest for the District of Vermont; Deputy Inspector General for Investigations Christian J. Schrank of HHS-OIG; Assistant Administrator Kristi N. O’Malley of the DEA Diversion Control Division; and Acting Deputy Assistant Director Aaron Tapp of the FBI’s Criminal Investigative Division.

“The formation of NEPO presents a tremendous opportunity for our three Northern New England states to disrupt the illegal prescription and distribution of opioid,” said U.S. Attorney Jane E. Young for the District of New Hampshire. “As a state, we are grateful to the Department of Justice to be part of this initiative and excited that it will be based here in New Hampshire.”

“Maine’s opioid overdose death rate has skyrocketed, and law enforcement has identified the opioid epidemic as the number one issue officers face,” said U.S. Attorney Darcie N. McElwee for the District of Maine. “While the trafficking of illegal drugs, in particular fentanyl, is well publicized, 23% of overdose deaths in Maine are the result of pharmaceutical opioids, and many of those who died from illicit substances very likely first tried pharmaceuticals, either their own or those of a friend or family member. This Strike Force will provide vital resources to help fight a growing epidemic, and along with our partners, we will pursue any medical personnel who misuse their position to endanger lives through the overprescribing of opioids for their own financial gain.”

“The announcement of the New England Prescription Opioid Strike Force demonstrates the Department of Justice’s commitment to working with our law enforcement partners in Vermont and elsewhere to hold accountable health care providers who exploit the opioid epidemic for personal gain,” said U.S. Attorney Nikolas P. Kerest for the District of Vermont. “Health care providers who issue illegal opioid prescriptions undermine important efforts to address the epidemic while putting patients at risk of overdose and physical harm.”

“HHS-OIG is unwavering in our commitment to hold accountable providers who illegally prescribe opioids for personal profit while neglecting the safety and wellbeing of their patients,” said Inspector General Christi A. Grimm of the U.S. Department of Health and Human Services. “Along with our law enforcement partners, HHS-OIG is proud to support the New England Prescription Opioid Strike Force in a collaborative effort to assist communities plagued by the opioid epidemic.”

“At a time when the United States is losing tens of thousands of Americans to opioid overdoses every year, it has never been more critical to ensure doctors and health care practitioners are prioritizing the safety and health of their patients,” said DEA Administrator Anne Milgram. “The creation of the New England Prescription Opioid Strike Force further strengthens our important cooperation with partners in the region to hold accountable any practitioner who recklessly distributes opioid medications.”

“The formation of the New England Prescription Opioid Strike Force provides the FBI and our law enforcement partners with important collective resources to combat health care fraud and drug diversion schemes within the region,” said Assistant Director Luis Quesada of the FBI’s Criminal Investigative Division. “The FBI will not tolerate those medical professionals willing to sacrifice patients’ health for their personal profit and will work tirelessly to root out and bring to justice those individuals who illegally distribute prescription opioids and other controlled substances.” 

The NEPO Strike Force will operate as a partnership between prosecutors and data analysts with the Fraud Section’s Health Care Fraud Unit, prosecutors with the U.S. Attorneys’ Offices in New Hampshire, Maine, and Vermont, and special agents with HHS-OIG, DEA, and the FBI. It will operate out of the Concord, New Hampshire, area, supporting the three districts that make up the NEPO Strike Force region. In addition, the NEPO Strike Force will work closely with other federal and state law enforcement agencies, including the State Medicaid Fraud Control Units.

Today’s NEPO Strike Force announcement builds on the demonstrated success of the Health Care Fraud Unit’s Appalachian Regional Prescription Opioid (ARPO) Strike Force. Since its inception in late 2018, ARPO has partnered with federal and state law enforcement agencies and U.S. Attorneys’ Offices throughout Alabama, Kentucky, Ohio, Virginia, Tennessee, and West Virginia to prosecute medical professionals and others involved in the illegal prescription and distribution of opioids. Over the past three years, ARPO has charged 111 defendants, collectively responsible for issuing prescriptions for over 115 million controlled substance pills. To date, more than 60 ARPO defendants have been convicted.

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Information about available treatment programs is available as follows:

New Hampshire: For a referral to addiction treatment services, please call 211. If you or a loved one is in a substance use crisis please call/text the New Hampshire Rapid Response Access Point at 1-833-710-6477. New Hampshire residents can call and speak to trained and caring clinical staff 24 hours a day, seven days a week.

Maine: The Overdose Prevention Through Intensive Outreach Naloxone and Safety (OPTIONS) initiative is a coordinated effort of the Maine Office of Behavioral Health (OBH) and other state agencies to improve the health of Mainers using substances through harm reduction strategies, helping them on the road to recovery, and dramatically reducing the number of fatal and non-fatal drug overdoses. Go to https://knowyouroptions.me. If you or a loved one are struggling with opiate addiction, please contact 211 to receive help and find information about local treatment programs.

Vermont: No matter where in Vermont you are, there are resources to help. Vermont 211 (https://vermont211.org/) is available. To speak to someone about substance use resources including treatment options, call VT Helplink 802-565-LINK (toll free at 833-565-LINK) or visit online at VTHelplink.org, and Vermont Alcohol and Abuse Programs (802-651-1550). All information and referral services are free and confidential.

For individuals seeking help in other states, please call the Substance Abuse and Mental Health Services Administration National Helpline at 1-800-662-HELP (4357) or TTY: 1-800-487-4889. This service provides referrals to local treatment facilities, support groups, and community-based organizations.

FRESNO, Calif. — Margarita Aispuro-Camacho, 46, of Fresno, was arrested today after a federal grand jury indicted her for illegally selling morphine, U.S. Attorney Phillip A. Talbert announced.

According to court documents, Aispuro-Camacho sold the morphine in May 2020. At the time of the sale, she worked as a clerk for the Internal Revenue Service.

This case is the product of an investigation by the U.S. Treasury Inspector General for Tax Administration (TIGTA) and the Drug Enforcement Administration. TIGTA’s responsibilities include investigating misconduct by IRS employees. Assistant U.S. Attorney Joseph Barton is prosecuting the case.

If convicted, Aispuro-Camacho faces a maximum statutory penalty of 20 years in prison and $1 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.

SACRAMENTO, Calif. — U.S. District Judge John A. Mendez sentenced Juan Zamora Torres, 61, of Mexico, on Tuesday to 10 years in prison for his role in a conspiracy to distribute methamphetamine, U.S. Attorney Phillip A. Talbert announced.

According to court documents, from approximately July 29, 2019, to June 2, 2021, Torres conspired to distribute methamphetamine, including distributing over 4 pounds of methamphetamine on or about July 29, 2019. Additionally, from April 2019 to July 2019, Torres distributed over 8 pounds of methamphetamine and over a pound of heroin to a confidential source. On March 29, 2022, Torres pleaded guilty to the charges.

This case was the product of an investigation by the Federal Bureau of Investigation and the Drug Enforcement Administration. Assistant U.S. Attorneys Aaron D. Pennekamp and Angela L. Scott prosecuted the case.

This effort is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) operation. OCDETF identifies, disrupts, and dismantles the highest-level criminal organizations that threaten the United States using a prosecutor-led, intelligence-driven, multi-agency approach. Additional information about the OCDETF Program can be found at www.justice.gov/OCDETF.

 Jacksonville, FL –United States Attorney Roger B. Handberg announces the unsealing of an indictment charging Jesse Rance Moore (45, Bell) with Hobbs Act robbery, robbery involving controlled substances, and brandishing a firearm in furtherance of crimes of violence. If convicted on all counts, Moore faces a minimum mandatory term of seven years, and up to life, in federal prison.

According to the indictment, on or about January 13, 2022, Moore robbed the North Florida Pharmacy of Fort White. During the robbery, Moore brandished a firearm and took pharmaceutical drugs and controlled substances from an employee of the pharmacy. Moore was arrested and made his initial appearance on June 27, 2022. 

An indictment is merely a formal charge that a defendant has committed one or more violations of federal criminal law, and every defendant is presumed innocent unless, and until, proven guilty.

This case was investigated by the FBI, with assistance from the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Drug Enforcement Administration,  the Columbia County Sheriff’s Office, the Lake City Police Department, the Chiefland Police Department, and the Florida Highway Patrol. It will be prosecuted by Assistant United States Attorney Kirwinn Mike.

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.

Tampa, Florida – U.S. District Judge Thomas P. Barber today sentenced Shyron Deonta Givens, a/k/a “Ron,” (45, St. Petersburg) to 5 years and 10 months in federal prison for conspiring to distribute cocaine. Givens had pleaded guilty on April 16, 2021.

According to court documents, Givens was one of eleven defendants charged with federal drug trafficking offenses. According to the indictment, from around August 2018, and continuing through November 26, 2019, Givens and others conspired to distribute heroin, fentanyl, and cocaine. As part of this conspiracy, Givens facilitated cocaine deals between the co-defendants. In total, Givens was responsible for several drug transactions that involved more than 5 kilograms of cocaine.

Each of the eleven individuals charged in this case has pleaded guilty and been sentenced, as reflected in the chart below:

This case was investigated by a multi-agency task force through the Organized Crime Drug Enforcement Task Force (OCDETF). 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. Agencies involved in this OCDETF operation include the Drug Enforcement Administration, the St. Petersburg Police Department, the Federal Bureau of Investigation, and the Bureau of Alcohol, Tobacco, Firearms and Explosives. It was prosecuted by Assistant United States Attorney Charlie D. Connally.   

Memphis,  TN  – Christopher Cobb,  33,  has been sentenced to 84  months in  federal prison for 
being a felon in possession of a firearm. Joseph C. Murphy Jr., United States Attorney, announced 
the guilty plea today.

According  to  information  presented  in   court,  on   the  afternoon   of   April  22,  2021, 
Christopher Cobb called the United States Social Security Administration (“SSA”) office in Memphis, 
Tennessee to inquire about the status of his claim. Cobb became irate when the official  informed 
him that his claim  had been denied and he would need to file  an appeal. The  call was terminated 
by the  SSA when Cobb  became irate and began using profanity. Several minutes later, Cobb called 
back and threatened to "blow up" the Social Security building the next day.

A  search of  the  defendant’s home  revealed a  M-1  rifle  and ammunition. After  being advised 
of and waiving his Miranda rights, Cobb admitted to making the threat and to also possessing the 
M-1 rifle and ammunition.

Cobb was previously convicted for aggravated assault, convicted felon in possession of a firearm, 
failure  to  appear in  a  felony  case and robbery.  As  a  result of  his  prior  felony 
convictions, Cobb is prohibited by federal law from possessing firearms and ammunition.

On March 2, 2022,  Cobb pled guilty to communicating a threat and to being a  felon in possession 
of a firearm.

On June 9, 2022,  United States District Judge Thomas L. Parker sentenced Cobb to 84 months in 
federal prison to be followed by three years’ supervised release.  There is no
parole in the federal system.

“The  safety of  our  citizens  and  communities is  a  top  priority  for  Homeland Security 
Investigations (HSI) and threats against government facilities and employees must be taken 
seriously,” said HSI Nashville Special Agent in  Charge Jerry C. Templet Jr. “The investigative 
efforts of our special agents, working with their law enforcement partners, is reflected in the 
sentencing of this previously convicted felon.”

“This sentence reflects the severity of Mr. Cobb’s actions and should stand as a warning to anyone  
who threatens any SSA official who is  simply carrying out  their duties. This behavior will not be 
tolerated and will be prosecuted to the fullest extent of the law,” said Gail S. Ennis, Inspector 
General for the Social Security Administration.  “I thank the U.S. Attorney’s Office for 
prosecuting this case.”

This case was investigated by the Social Security Administration Office of the Inspector General 
and Homeland Security Investigations.

Assistant United States Attorneys Greg Wagner and Steven Hall prosecuted this case on behalf of the 
government.

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Damian Williams, the United States Attorney for the Southern District of New York, and Scott J. Lampert, Special Agent-in-Charge of the New York Regional Office of the U.S. Department of Health and Human Services, Office of the Inspector General (“HHS-OIG”), announced today that the United States has filed and settled a civil healthcare fraud lawsuit against TCPRNC, LLC d/b/a PLAZA REHAB AND NURSING CENTER (“PLAZA REHAB CENTER”) and CITADEL CONSULTING GROUP LLC d/b/a CITADEL CARE CENTERS LLC (“CITADEL”). The lawsuit alleges that PLAZA REHAB CENTER, acting at the direction of CITADEL, fraudulently switched the type of Medicare coverage in which elderly residents were enrolled in order to maximize the Medicare payments that PLAZA REHAB CENTER would receive. As alleged in the Government’s complaint, the residents and their families often did not request, consent to, or know about the change to their healthcare coverage, which had the potential to impact their out-of-pocket payments, the scope of the services and care covered, and their drug coverage plan.

U.S. Attorney Damian Williams said:  “Skilled nursing facility residents have the right to choose their own healthcare insurance coverage.  Plaza Rehab Center frequently changed the insurance of its residents without their consent or knowledge, and without explaining how the change could impact their out-of-pocket costs and the scope of their healthcare coverage.  When facilities unlawfully take advantage of elderly residents in order to maximize their revenue from federal healthcare programs, this Office will hold them accountable.”

HHS-OIG Special Agent-in-Charge Scott J. Lampert said:  “HHS-OIG is committed to safeguarding Medicare and its beneficiaries from fraud.  Those who exploit federal health care programs for financial gain and violate the trust of beneficiaries must be held accountable for their actions.”

Under the settlement, which was approved on June 27, 2022, by U.S. District Judge George B. Daniels, PLAZA REHAB CENTER and CITADEL agreed to pay a total of $7.85 million and made extensive factual admissions regarding their conduct. Specifically, PLAZA REHAB CENTER and CITADEL admitted that their staff often did not obtain the consent of the resident or their authorized representatives prior to disenrolling the resident from their Medicare Advantage Plan. In addition, as part of the settlement, CITADEL agreed to take steps to ensure that all skilled nursing facilities that are Citadel Care Centers comply with applicable guidance on Medicare health plan disenrollments and enrollments. PLAZA REHAB CENTER and CITADEL also entered into a Corporate Integrity Agreement with HHS-OIG, which requires that they maintain a compliance program designed to foster adherence to federal health care program requirements and thereby protect the programs.

Medicare beneficiaries may enroll in the original parts of Medicare, known as Original Medicare, or in Medicare Advantage Plans, which are administered by private companies that contract with the government. Original Medicare and Medicare Advantage Plans differ in how healthcare providers, including skilled nursing facilities, seek and receive reimbursement. Under Original Medicare, the Centers for Medicare & Medicaid Services (“CMS”) directly reimburses providers, like skilled nursing facilities, on a fee-for-service basis. In contrast, when furnishing medical services to a Medicare beneficiary enrolled in a Medicare Advantage Plan, the provider submits claims to the Medicare Advantage Organization (“MAO”) that operates the Medicare Advantage Plan, which in turn pays the provider an agreed-upon amount. CMS pays MAOs a fixed, capitated amount each month for providing coverage for Medicare beneficiaries enrolled in the Medicare Advantage Plan. CMS advises individuals to consider various factors in deciding between a Medicare Advantage Plan and Original Medicare, such as differences in out-of-pocket costs and doctor choice.

As alleged in the Complaint filed in Manhattan federal court:

It is well known within the skilled nursing facility industry that it is typically more profitable to admit residents who are enrolled in Original Medicare than residents enrolled in Medicare Advantage Plans. From September 2016 to February 2019, CITADEL exerted pressure on PLAZA REHAB CENTER staff to increase the number of residents enrolled in Original Medicare in order to increase Medicare reimbursements. PLAZA REHAB CENTER staff disenrolled many residents from their self-selected Medicare Advantage Plans and enrolled them in Original Medicare without obtaining the consent of the residents or their authorized representatives.

PLAZA REHAB CENTER staff were supposed to ensure that residents (or their authorized representatives) signed “disenrollment forms” prior to effectuating any disenrollment of the resident from their Medicare Advantage Plan. However, in many instances, PLAZA REHAB CENTER staff disenrolled residents from their Medicare Advantage Plan and enrolled them in Original Medicare without obtaining a signed disenrollment form reflecting the resident’s consent. Indeed, PLAZA REHAB CENTER employees effectuated numerous disenrollments without ever speaking to the resident or their authorized representative or explaining the consequences of switching to Original Medicare. In addition, in other instances, PLAZA REHAB CENTER staff discussed a disenrollment with the resident and purportedly obtained the resident’s consent, but the resident did not have the capacity to provide consent because of their health condition. 

In the settlement agreement, PLAZA REHAB CENTER and CITADEL admit, acknowledge, and accept responsibility for the following conduct:

• PLAZA REHAB CENTER staff, at the direction and under pressure from a CITADEL manager responsible for the new admission practices, changed PLAZA REHAB CENTER residents’ insurance from Medicare Advantage Plans to Original Medicare after such residents’ admission to PLAZA REHAB CENTER. Among other things, CITADEL set a monthly disenrollment quota for PLAZA REHAB CENTER and identified potential candidates for disenrollment. PLAZA REHAB CENTER earned greater revenues for residents if such residents were enrolled in Original Medicare, as compared to Medicare Advantage Plans.
• PLAZA REHAB CENTER staff often did not obtain the consent of the resident or their authorized legal representatives prior to disenrolling the resident from their Medicare Advantage Plan and enrolling them in Original Medicare.
• In approximately 19 instances, PLAZA REHAB CENTER staff purportedly obtained the residents’ consent before disenrolling them from their Medicare Advantage Plan, but, according to these residents’ mental status assessments, they did not have the capacity to provide consent because of their health condition. PLAZA REHAB CENTER regularly failed to consider the results of these mental health assessments and did not evaluate the capacity of residents to consent to the insurance change.
• PLAZA REHAB CENTER staff effectuated these changes in a resident’s coverage by logging on to the Medicare.gov website using the resident’s personal information. PLAZA REHAB CENTER staff would use this website to disenroll the resident from their self-selected Medicare prescription drug plan, which resulted in the resident automatically being disenrolled from their self-selected Medicare Advantage Plan and being enrolled into Original Medicare. In some instances, when completing the information online to effectuate the disenrollment, PLAZA REHAB CENTER staff misrepresented that they were either: (i) the person listed on the enrollment form; (ii) a person helping the person listed on the enrollment form in completing the form; or (iii) a person authorized to act on behalf of the individual on the enrollment form under the laws of the State where the individual resided.
• PLAZA REHAB CENTER and CITADEL often did not offer Plaza Rehab Center residents assistance in re-enrolling them in a Medicare Advantage Plan upon discharge from the Plaza Rehab Center facility.
• As a result of the conduct described above, the Government made payments under Original Medicare to PLAZA REHAB CENTER for residents who were improperly enrolled in Original Medicare without their consent. PLAZA REHAB CENTER was not entitled to these payments. 

*                *                *

In connection with the filing of the lawsuit and settlement, the Government joined a private whistleblower lawsuit that had previously been filed under seal pursuant to the False Claims Act.

Mr. Williams thanked HHS-OIG for its investigative efforts and assistance with the case.   

This case is being handled by the Office’s Civil Frauds Unit. Assistant United States Attorney Charles S. Jacob is in charge of the case.

ALPINE – Robinson Mendoza-Gomez, 22, a Guatemalan citizen, was sentenced on Monday to 21 months for assaulting a federal officer.

According to court documents, on December 14, 2021, Border Patrol agents near Van Horn attempted to apprehend a group of suspected undocumented noncitizens.  Mendoza demanded one of the agents release a person in the group.  Mendoza then charged and struck the agent injuring the agent’s face.

“An assault on a federal officer is detrimental to a peaceful society and impacts us all,” said Executive Assistant U.S. Attorney Kristy Callahan.  “The United States Attorney’s Office takes such violations seriously and will vigorously prosecute them.”

“The men and women of the United States Border Patrol work tirelessly to keep our borders safe every day,” said FBI El Paso Special Agent in Charge Jeffrey R. Downey.  “Assaults on Border Patrol agents or any other law enforcement officer will not be tolerated and will be investigated swiftly by our office so they can continue to carry out their sworn duty to protect our community and nation.”

On March 2, 2022, Mendoza pleaded guilty to one count of Forcibly Assaulting a Federal Officer.  Mendoza has remained in federal custody since his arrest on December 14, 2021.

The FBI investigated the case.

Assistant U.S. Attorney Scott V. Greenbaum prosecuted the case.

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EVANSVILLE – A federal grand jury returned an indictment charging twelve individuals with conspiracies to distribute methamphetamine and cocaine. Three of the defendants are also charged with illegally possessing firearms as convicted felons. The indictment was unsealed today following their arrests and initial appearances.

As alleged in court documents, John Byers, of Bowling Green, Kentucky, was the leader of a drug trafficking organization based out of Evansville that distributed large quantities of methamphetamine and cocaine around southern Indiana. Byers supplied codefendant Stacey Cabell, of Evansville, and others with methamphetamine. Byers also coordinated with others, including Lance Foster, of Plano, Texas, and Octavia Finott, of Evansville to ship multiple pound quantities of methamphetamine into the Evansville area.  Byers further supplied Robert Brown, Jr., of Evansville, and others with cocaine.  

The indictment alleges that multiple members of this drug trafficking ring were already convicted felons who illegally possessed firearms.

To date in this investigation, authorities have seized approximately 35 pounds of methamphetamine, approximately 45 grams of cocaine, and 4 firearms.

The following individuals are in custody or have been ordered to appear in federal court:

The defendants face the following possible penalties, if convicted:

Actual sentences are determined by a federal district court judge and are typically less than the maximum penalties.

Zachary A. Myers, U.S. Attorney for the Southern District of Indiana, and Michael Gannon, Assistant Special Agent in Charge of the DEA’s Indianapolis Field Office made the announcement.

This case was the result of an investigation by the Drug Enforcement Administration, the Bureau of Alcohol, Tobacco, Firearms and Explosives, the U.S. Secret Service, the U.S. Postal Inspection Service, the Evansville-Vanderburgh County Drug Task Force, the Evansville Police Department, the Vanderburgh County Sheriff’s Office, the Indiana State Police, and the Bowling Green Kentucky Police Department. The Vanderburgh County Prosecutor’s Office provided invaluable assistance.

U.S. Attorney Myers thanked Assistant United States Attorney Kristian Mukoski, who is prosecuting this case.

This prosecution is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) investigation. OCDETF identifies, disrupts, and dismantles the highest-level drug traffickers, money launderers, gangs, and transnational criminal organizations that threaten the United States by using a prosecutor-led, intelligence-driven, multi-agency approach that leverages the strengths of federal, state, and local law enforcement agencies against criminal networks.

An indictment is merely an allegation, and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.

NASHVILLE – A Oaxaca, Mexico, man was arrested this morning, after being sought for the past six years, following his indictment in a conspiracy to file fraudulent federal income tax returns, announced U.S. Attorney Mark H. Wildasin for the Middle District of Tennessee.

Claudio Juarez, 40, was arrested at his residence in Bowling Green, Kentucky, this morning and transported to the Middle District of Tennessee.  He will appear before a U.S. Magistrate Judge later this afternoon. 

Juarez and others were charged in 2016 with conspiracy to file false claims against the United States, wire fraud, and theft of more than $1,000 of public money.

The investigation began in April 2015, when 10 federal search warrants were executed at various residences and tax return preparation businesses throughout middle Tennessee, including Soto Services with locations in Madison, Hermitage, Springfield, and Gallatin; and S Income Tax Services in Nashville. As a result of this investigation, agents subsequently determined that part of the tax fraud scheme dated back to 2011 and 46 persons were ultimately charged and convicted of federal offenses. 

During the investigation, more than $1 million in cash was seized, as well as several late model, luxury automobiles and 11 Nashville-area properties.  Many of the individuals charged, including Juarez, were in the United States illegally.

Juarez’s role in the scheme was crucial to its success as he cashed fraudulent checks and dealt in fake documents such as W-2’s and other fraudulent identification documents.  In 2016, when agents attempted to arrest Juarez and others, he evaded arrest, and efforts to locate him in the interim were fruitless until earlier this month, when agents learned that Juarez had filed at least two suspected fraudulent tax returns with the IRS.  Further investigation led the agents to a Bowling Green tax preparer and then to Juarez. 

If convicted, Juarez faces up to 5 years in prison and a $250,000 fine.

This case was investigated by the Internal Revenue Service-Criminal Investigation and Homeland Security Investigations, with arrest assistance by the Bowling Green Police Department.  Assistant U.S. Attorney Tom Jaworski is prosecuting the case. 

An indictment is merely an accusation.  The defendant is presumed innocent until proven guilty in a court of law.

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ALBANY, NEW YORK – Sean Morrissey, age 51, of Waterford, New York, was arraigned today on an indictment charging him with abusive sexual contact of a ward, announced United States Attorney Carla B. Freedman and Janeen DiGuiseppi, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI).

Morrissey was a correctional officer at Rensselaer County Correctional Facility (“RCCF”) at the time of his alleged crime.  According to the indictment, between September 7, 2018 and September 21, 2018, Morrissey knowingly rubbed the genitalia of a female federal detainee, with the intent to abuse, humiliate, harass, degrade, or arouse or gratify the sexual desire of a person. The charge in the indictment is merely an accusation. The defendant is presumed innocent unless and until proven guilty.

The charge filed against Morrissey carries a maximum term of 2 years in prison, a fine of up to $250,000, and a term of supervised release of up to 1 year.  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.

Morrissey was arraigned today in Albany, before United States Magistrate Judge Christian F. Hummel.  He was released with conditions pending a trial to be scheduled before Chief United States District Judge Glenn T. Suddaby.

This case is being investigated by the FBI and the Rensselaer County Sheriff’s Office, and is being prosecuted by Assistant U.S. Attorney Benjamin S. Clark.

ST. LOUIS – U.S. District Judge Matthew T. Schelp on Wednesday sentenced a St. Louis man who used stolen identities to perpetrate a series of crimes, including hiding evidence for a jail inmate, to three years and eight months in prison.

Bryson Whiteside, 24, was also ordered to pay restitution of $8,735.

Whiteside pleaded guilty March 23 to use of a counterfeit access device, aggravated identity theft, two counts of possession of counterfeit securities and possession of a stolen vehicle.

Whiteside admitted that in early 2021, he used someone else’s name and birthdate, as well as a counterfeit ID, to communicate with Samuel Stoddard, who was at that time a pretrial detainee at the Jennings jail. Stoddard asked Whiteside to remove evidence of criminal activity from a storage facility, and Whiteside then used a second person’s identity to recover the items. After Stoddard was released from jail, he violated a judge’s order by leaving Missouri. Whiteside met with Stoddard in Kentucky, and Stoddard gave Whiteside a stolen car, a counterfeit temporary Illinois license bearing Whiteside’s picture and a counterfeit Illinois motor vehicle registration card in Whiteside’s name.

On May 4, 2021, investigators found Whiteside in a St. Charles motel with scanners, laptop computers, stolen financial records and personal identifying information that Whiteside intended to use to produce and use counterfeit checks and fraudulently obtain credit cards.

Whiteside’s co-defendant, Ashley Kelley, 30, of St. Ann, was sentenced last month to three years and one month in prison.

Stoddard is scheduled to be sentenced in September after admitting a series of crimes involving the use of stolen or fraudulent identities.

The case was investigated by the U.S. Postal Inspection Service, the U.S. Secret Service and the Missouri Department of Revenue.  Assistant U.S. Attorney Tracy Berry is prosecuting the case.

PHILADELPHIA – United States Attorney Jacqueline C. Romero announced that Craig Alex Levin, 66, of King of Prussia, PA, pleaded guilty to six counts of child exploitation offenses before United States District Court Judge Harvey Bartle, III, stemming from his travel to the Philippines over a nearly three-year period for the purpose of engaging in illicit sexual conduct with minor children, some as young as 12 years of age. He also engaged in commercial sex trafficking by brokering the sale of a minor girl, who was pregnant at the time, for sex with an adult sex offender in exchange for money.

In May 2021, the defendant was charged by Superseding Indictment with multiple counts of interstate and foreign travel for the purpose of engaging in illicit sexual conduct with a minor, sex trafficking of a minor, use of an interstate commerce facility to entice a minor to engage in sexual activity, distribution of child pornography, transfer of obscene material to a minor, and transportation of child pornography. Levin was first indicted with child exploitation offenses related to his travel to the Philippines in February 2020.

According to Court documents, Levin was a retired special education teacher for the Lower Merion School District. Between August 2016 and May 2019, the defendant traveled to the Philippines nine times to have sex with minor children. Prior to and during his travels, Levin created and maintained Facebook accounts that he used to communicate with minors in the Philippines for the purpose of enticing them to engage in illicit sexual conduct with him during his visits to the island nation. In addition, the defendant used Facebook Messenger to send child pornography to minors in the Philippines.

“Mr. Levin, someone who worked for years in a position of trust as a teacher, traveled to country and stayed for months at a time in order to prey on children undetected – or so he thought,” said Acting U.S. Attorney Romero. “Our Office, together with our law enforcement partners, works day and night to investigate and track criminals like this defendant, even when they try to hide on the other side of the world. Our message to them with this case is simple: you cannot hide; we will find you and we will hold you accountable in a court of law.”

“Craig Levin apparently thought, because he was halfway around the world, he could commit these heinous crimes with impunity,” said Jacqueline Maguire, Special Agent in Charge of the FBI’s Philadelphia Division. “He could not have been more wrong. As this case shows, the FBI’s reach is long, and we’ll do everything in our power to end the sexual exploitation of children, be they in Philadelphia or the Philippines. Protecting vulnerable kids from predators like Levin continues to be one of the Bureau’s top priorities.”

This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by United States Attorneys’ Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend, and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.

The case was investigated by the Federal Bureau of Investigation, and is being prosecuted by Assistant United States Attorney Sarah Damiani and Trial Attorney Austin M. Berry of the Department of Justice’s Child Exploitation and Obscenity Section.

WHEELING, WEST VIRGINIA - A former St. Marys, West Virginia police department employee has admitted to lying about a program that allowed people charged with crimes to pay cash and gift cards to avoid criminal sanctions, according to United States Attorney William Ihlenfeld.

Carolyn Taylor, 40 of St. Marys, pleaded guilty today to perjury, admitting that she lied to a federal grand jury about the “Slow Down for the Holidays” program. The government-sanctioned initiative allowed those charged with DUI and other crimes in Pleasants County to donate cash, gift cards, or other items of value to dodge prosecution.

Taylor, as the clerk of the police department, helped to collect the donations and was asked about the specifics of her role when she testified earlier this year. She told grand jurors that she had no knowledge of anyone personally benefiting from the program and that all proceeds went to charitable causes. However, investigators discovered that she had used at least one of the program gift cards for her personal benefit.

“A policy that allows one to buy their way out of a DUI is inherently wrong and never should have been implemented in the first place,” said U.S. Attorney Ihlenfeld. “It is not surprising that someone involved with this ill-advised program kept a portion of the donations for herself.”

Taylor faces up to five years of incarceration and a fine of up to $250,000. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.

Assistant U.S. Attorney Jarod J. Douglas is prosecuting the case on behalf of the government. The matter remains active and is being investigated by the West Virginia Commission on Special Investigations.

U.S. Magistrate Judge James P. Mazzone presided.

Des Moines, Iowa – A Des Moines man was sentenced today to 27 months in prison following his pleas of guilty to two counts of a federal indictment charging conspiracy to wrongfully obtain and disclose individually identifiable health information, and wrongfully obtaining individually identifiable health information.

According to court documents, Dustin James Ortiz, 49, conspired with a then employee of the Veterans Affairs Medical Center (VAMC) in Des Moines to obtain individually identifiable health information of an individual which were maintained by the VAMC. The records Ortiz sought to and did obtain pertained to the victim’s mental health conditions and medications. Ortiz obtained this information without authorization required by law. Ortiz then disclosed the records to a third party. Because the conduct involved the intent to transfer and use the health information for personal gain and malicious harm, it was a felony under federal law.

The Health Insurance Portability and Accountability Act (HIPAA) is a federal law that requires standards to protect sensitive patient health information from being disclosed without the patient’s consent or knowledge.

In addition to the 27-month term of imprisonment, the Court ordered the payment of $2,000 in restitution, and a 3-year term of supervised release to follow the prison sentence.

“Our office is committed to giving real meaning to HIPAA’s right-to-privacy protections,” said United States Attorney Richard D. Westphal. “HIPAA-covered entities should continue to remind everyone that the privacy provisions of HIPAA are important and have significant consequences if violated.”

“Unlawfully obtaining and releasing veterans’ health records will not be tolerated,” said Special Agent in Charge Gregory Billingsley with Department of Veterans Affairs Office of Inspector General’s Central Field Office. “This breaches the integrity of the VA healthcare system and is an egregious violation of privacy.”

The co-defendant, a former employee of the VAMC, is set for sentencing on August 4, 2022.

The Department of Veterans Affairs, Office of Inspector General investigated the case.