FOR IMMEDIATE RELEASE                                                    ContactELIZABETH MORSE

www.justice.gov/usao/md                                                              at (410) 209-4885

Baltimore, Maryland– St. Agnes Healthcare has agreed to pay the United States $122,928 to resolve claims under the False Claims Act alleging that St. Agnes submitted false claims to Medicare by billing for evaluation and management (E&M) services at a higher reimbursement rate than the Federal health care programs allowed.

The settlement agreement was announced today by Acting United States Attorney for the District of Maryland Stephen M. Schenning and Special Agent in Charge Nick DiGuilio of the Office of Inspector General for the Department of Health and Human Services.

In June 2011, St. Agnes acquired a medical practice consisting of twelve cardiologists who were formerly members of MidAtlantic Cardiovascular Associates. The twelve cardiologists became employees of St. Agnes and continued to provide services to their patients through Maryland Cardiovascular Specialists, a specialty practice affiliated with St. Agnes. Medicare permits a higher rate of reimbursement for E&M services provided to new patients as opposed to E&M services provided to established patients. A new patient is defined as a patient who has not received any professional services from the physician or physician group practice within the previous three years.

According to the settlement agreement, the United States contends that for E&M services rendered from June 3, 2011 through June 3, 2014 by the twelve cardiologists who became St. Agnes’ employees, St. Agnes improperly submitted or caused to be submitted claims to Medicare using CPT codes 99201-99205 (new patient E&M codes) when CPT codes 99211-99215 (existing patient E&M codes) should have been used. By using the new patient codes as opposed to the existing patient codes, St. Agnes improperly received more reimbursement than it was entitled to under Medicare.

The civil settlement resolves a lawsuit filed under the whistleblower provision of the False Claims Act by Jonathan Safren, a former cardiologist employed by St. Agnes (United States ex rel Jonathan Safren v. St. Agnes Healthcare., Case No. ELH-16-2537 (D. Md.)). The False Claims Act permits private parties to file suit on behalf of the United States for false claims and obtain a portion of the government’s recovery. As part of today’s resolution, Dr. Safren will receive $20,000. The claims resolved by this settlement are allegations only, and there has been no determination of liability.

Acting United States Attorney Stephen M. Schenning commended the Inspector General of the Department of Health and Human Services and thanked Assistant U.S. Attorneys Thomas Corcoran and Jane Andersen who handled the case.

SCRANTON – The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Jared Andrew Novy, age 37, of Jim Thorpe, Pennsylvania, and Keith Keiser, age 26, of Lehighton, Pennsylvania, were indicted separately on August 22, 2017, by a federal grand jury with multiple child exploitation crimes.

According to United States Attorney Bruce D. Brandler, both indictments allege that Novy and Keiser produced multiple videos and images of a minor engaged in sexually explicit conduct. The indictments further allege that Novy and Keiser received, distributed and possessed material in the form of visual depictions involving the use of minors engaging in sexually explicit conduct.

The charges stem from an investigation conducted by the Homeland Security Investigations – Philadelphia Division. Assistant United States Attorney Michelle Olshefski is prosecuting the cases.

Both cases were brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc For more information about internet safety education, please visit www.usdoj.gov/psc and clickon the tab "resources."

Indictments and Criminal Informations are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.

A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.

The maximum penalty under federal law for Novy is 150 years’ imprisonment, a term of supervised release following imprisonment, and a fine. The maximum penalty under federal law for Keiser is 120 years’ imprisonment, a term of supervised release following imprisonment, and a fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.

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SCRANTON—The United States Attorney’s Office for the Middle District of Pennsylvania, announced today that Brianna Rattigan, age 24, of Wilkes-Barre, Pennsylvania, pleaded guilty on August 22, 2017, before Senior U.S. District Court Judge James M. Munley, to conspiring with others to distribute heroin in Luzerne County during February through November 2014.

According to United States Attorney Bruce D. Brandler, Rattigan admitted to allowing co-conspirators to store heroin at her residence, and at times she distributed heroin to customers. Rattigan admitted to storing and distributing between 100 and 400 grams of heroin, which is approximately equivalent to between 4,000 and 16,000 retail bags of heroin.

Desmond Mercer, the leader of the drug conspiracy, previously pleaded guilty and was sentenced to 14 years in prison. Shaliek Stroman and Shaquan Murphy, two key associates of Mercer, were each sentenced to more than 12 years in prison for their roles in the conspiracy. Another member of the drug ring, Antuan Jamison, was sentenced to five years in prison.

Rattigan was indicted by a federal grand jury in February 2016, as a result of an investigation by Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), the Luzerne County District Attorney’s Office, and Kingston Police. Assistant U.S. Attorney Francis P. Sempa is prosecuting the case.

Judge Munley ordered a pre-sentence investigation to be completed, and scheduled Rattigan’s sentencing for December 5, 2017.

This case was brought as part of a district wide initiative to combat the nationwide epidemic regarding the use and distribution of heroin. Led by the United States Attorney’s Office, the Heroin Initiative targets heroin traffickers operating in the Middle District of Pennsylvania and is part of a coordinated effort among federal, state and local law enforcement agencies to locate, apprehend, and prosecute individuals who commit heroin related offenses.

A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.

The maximum penalty under federal law for this offense is 40 years in prison, a term of supervised release following imprisonment, and a fine. There is also a mandatory minimum sentence of five years’ imprisonment. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.

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PITTSBURGH - Two former residents of Allegheny County, Pennsylvania, have been indicted by a federal grand jury in Pittsburgh on charges of violating federal drug laws, Acting United States Attorney Soo C. Song announced today.

The two-count indictment, returned on August 22, named David Anthony Somerville, aka Charles Payne, aka Midnite, age 29, of Pittsburgh, PA, and Natel Deque Walker, aka Natel Harper, aka Davone Scott, age 30, of Pittsburgh, PA, as the defendants.

According to the indictment, from September 11, 2015 to January 9, 2016, Somerville and Walker conspired with each other and others to distribute and to possess with intent to distribute heroin and fentanyl. The indictment further alleges that on January 9, 2016, Somerville and Walker possessed with intent to distribute heroin, a Schedule I controlled substance, and fentanyl, a Schedule II controlled substance.

The law provides for a maximum of 40 years imprisonment, and a fine of up to $2,000,000. Under the Federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offenses and the prior criminal history of the defendant.

Assistant United States Attorney Ross E. Lenhardt of the Violent Crimes Section is prosecuting this case on behalf of the government.

The Drug Enforcement Administration and Robinson Township Police Department conducted the investigation leading to the indictment in this case.

An indictment is an accusation. A defendant is presumed innocent unless and until proven guilty.

PITTSBURGH – An Allegheny County resident has been indicted by a federal grand jury in Pittsburgh on a charge of violating the federal drug laws, Acting United States Attorney Soo C. Song announced today.

The one-count indictment, returned on August 22, named Michael Henry, 35, of McKeesport, PA, as the sole defendant.

According to the indictment, from in and around September 2016, and continuing thereafter until in and around July 2017, Henry conspired with others to distribute quantities of fentanyl and heroin.

The law provides for a maximum total sentence of 20 years in prison, a fine of $1,000,000, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offense and the prior criminal history, if any, of the defendant.

Assistant United States Attorney Caitlin A. Loughran is prosecuting this case on behalf of the government.

This prosecution is part of a 12-month investigation by the FBI Greater Pittsburgh Safe Streets Task Force (GPSSTF), which targeted a large scale Drug Trafficking Organization operating in Butler, Beaver and Allegheny Counties. The GPSSTF is comprised of dedicated law enforcement professionals from the Wilkinsburg Police Department, Pennsylvania Attorney General’s Bureau of Narcotics Investigations, Allegheny County Sheriff’s Office, Allegheny County Police Department, Pittsburgh Bureau of Police and the FBI. The GPSSTF and the United Sates Attorney’s Office, Western District of Pennsylvania, would like to recognize the significant contributions made to this investigation by the Pennsylvania State Police, United Sates Postal Inspection Service, Cranberry Township Police Department and the New Brighton Police Department.

An indictment is an accusation. A defendant is presumed innocent unless and until proven guilty.

PITTSBURGH – On Monday, August 21, 2017, a resident of McKeesport, Pennsylvania, was sentenced in federal court to 188 months (15 years, 8 months) incarceration and four years supervised release on his conviction of violating the federal narcotic laws, Acting United States Attorney Soo C. Song announced today.

Senior United States District Judge Donetta W. Ambrose imposed the sentence on Edward Hicks, age 31.

According to information presented to the court, from in and around October 2012, and continuing thereafter to in and around November 2012, Hicks and others conspired to distribute and to possess with intent to distribute twenty-eight grams or more of crack cocaine. In addition, on November 6, 2012, and again on November 15, 2012, Hicks sold multiple ounces of crack cocaine to a confidential informant who was working with the Drug Enforcement Administration. Hicks has a prior state court felony drug-trafficking conviction, as well as a prior state court robbery conviction. As a result, he was classified as a “career offender” and subject to a much higher sentencing guidelines range.

During the sentencing hearing, Judge Ambrose rejected Hicks’ request for a downward departure and/or a variance from the career offender sentencing guidelines range, specifically noting that Hicks had served 8 years in jail for his prior convictions, and yet quickly returned to criminal conduct following his release from incarceration. Hicks was on state parole when he committed this federal offense.

Assistant United States Attorney Troy Rivetti prosecuted this case on behalf of the government.

Acting United States Attorney Song commended the Drug Enforcement Administration and the West Homestead Police Department for the investigation leading to the successful prosecution of Hicks.

NEWARK, N.J. – A New York man was sentenced today to 39 months in prison for his role in the robbery of a North Jersey bar, Acting U.S. Attorney William E. Fitzpatrick announced.

Balmore Carrillo-Iraheta, 20, of Suffern, New York, previously pleaded guilty before Judge Linares for his role in the Hobbs Act Robbery of a Hawthorne, New Jersey, bar. Judge Linares imposed the sentence today in Newark federal court.

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

Balmore Carrillo-Iraheta admitted that on Dec. 25, 2016, he and others forcibly robbed the bar and fled with approximately $200 in cash.

In addition to the prison term, Judge Linares sentenced Carrillo-Iraheta to three years of supervised release.

Acting U.S. Attorney Fitzpatrick credited special agents of the FBI, under the direction of Special Agent in Charge Timothy Gallagher in Newark, the Bergen County Prosecutor’s Office, under the direction of Prosecutor Gurbir S. Grewal, and the Ridgewood and Hawthorne Police Departments, with the investigation leading to today’s sentencing.

The government is represented by Assistant U.S. Attorneys Elaine K. Lou and Karen D. Stringer of the U.S. Attorney’s Office’s Criminal Division in Newark.

Defense counsel: Ruth M. Liebesman Esq., Paramus, New Jersey

Columbia, South Carolina---- United States Attorney Beth Drake stated today that Jacquel Sumter, age 23, of Columbia, was sentenced today in federal court in Columbia, South Carolina, after pleading guilty to felon in possession of a firearm and possession of a firearm with an obliterated serial number.  United States District Judge Mary G. Lewis, of Columbia, sentenced Sumter to 85 months incarceration, followed by three years of supervised release. 

Evidence presented at the change of plea hearing and sentencing hearing established that on January 21, 2017, Deputies with the Kershaw County Sheriff’s Office observed a blue Honda CRV traveling at approximately 105 miles per hour near mile marker 100 on Interstate 20 in Kershaw County.  When Deputies initiated their blue lights and sirens, the driver, later identified as Sumter, accelerated and attempted to flee. The chase continued for approximately 10 minutes with Sumter weaving in and out of traffic at speeds in excess of 120 miles per hour.  After Sumter entered Richland County, he began to slow down and drift towards a barrier wall on Interstate 20.  As the vehicle slowed, Sumter and the other four occupants of the vehicle jumped out and attempted to run into the wood line. After a short foot chase and a brief resistance, Deputies detained Sumter. 

When Deputies searched the CRV they located a fully automatic Intratec Model Tec 9, nine millimeter pistol with an obliterated serial number between the driver’s seat and center console. The firearm was loaded with 14 rounds of nine millimeter CBC ammunition.  A records check for Sumter revealed he was convicted of Assault and Battery of a High and Aggravated Nature on December 13, 2016. This offense carries a term of imprisonment exceeding one year and prohibited Sumter from possessing firearms and ammunition. According to Sumter’s rap sheet he is a known documented Bloods Gang member.

Following Sumter’s arrest, he was placed in a Kershaw County Sheriff’s Office patrol vehicle and advised of his Miranda rights. After Sumter waived his rights, he agreed to talk and indicated he jumped out and ran when he saw the blue lights. He claimed he was sleeping during the police chase and did not know who was driving the vehicle. Deputies determined that the CRV was stolen out of Richland County and while searching the vehicle Deputies also found various electronics, a safe, burglary tools, and male clothing (a pair of red and black pants).

During the sentencing hearing, AUSA J.D. Rowell noted that Sumter had been arrested and convicted of various crimes a total of 13 times between 2004 and 2017.  Despite numerous state arrests for charges including burglary, simple assault and battery, disturbing schools, possession of marijuana, carrying a concealed weapon, petit larceny, trespassing, and assault and battery of a high and aggravated nature (ABHAN), Sumter has never served a significant custodial sentence.  On December 13, 2016, Sumter pled guilty to ABHAN in Richland County General Sessions Court and received a sentence of 15 months imprisonment with credit for time served. Thirty-nine (39) days after being sentenced to state prison, he fled from Kershaw County Deputies in a high-speed chase at speeds of over 120 mph, while armed with a fully automatic Tech 9 assault pistol.

As part of their investigation, ATF Agents searched Sumter’s public Facebook page and found numerous photographs of Sumter possessing firearms.  At the time of his arrest, Sumter’s profile picture depicted Sumter wearing a mask, holding the Tech 9 assault pistol, and wearing the same red pants that were located in the back of the stolen CRV he was driving on January 21, 2017.
 

Other photographs presented at sentencing show Sumter possessing numerous firearms including some while appearing to use marijuana.
 

The case was investigated by the Kershaw County Sheriff’s Office, the Columbia Police Department, and agents of the Bureau of Alcohol, Tobacco, Firearms and Explosives.  Assistant United States Attorney JD Rowell of the Columbia office prosecuted the case.

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Roanoke, VIRGINIA – A former Floyd pharmacist, who structured cash deposits to avoid Internal Revenue Reporting Requirements, was sentenced today in the United States District Court for the Western District of Virginia.

Venkata Subrahmanya Ashok Raju Pinnamaraju, 40, of Roanoke, was sentenced today to 18 months incarceration to be followed followed by 1 year of supervised release. Pinnamaraju was also ordered to pay a fine of $200,000, which has been paid. Previously, Pinnamaraju waived his right to be indicted and pled guilty to a one count Information charging him with structuring financial transactions to avoid reporting requirements.

According to information presented at previous hearings by Assistant United States Attorney Jennie L. M. Waering, Pinnamaraju was the part owner and the managing pharmacist of a Floyd Pharmacy, retail pharmacy in the Town of Floyd, Virginia. As the managing pharmacist, the defendant was in charge of ordering and dispensing prescription medication, supervising pharmacy employees, billing insurance providers and overseeing the pharmacy’s finances and accounting.

In the normal course of business, Floyd Pharmacy collected large amounts of United States currency from its customers. However, instead of making a single deposit of the cash accumulated over a period of several days, the defendant made a series of smaller case deposits to avoid the currency transaction reporting requirement. Pinnamaraju conducted at least a dozen structuring deposits between 2011 and 2016, depositing cash totaling approximately $170,000.

The investigation of the case was conducted by the Federal Bureau of Investigation, the Virginia Attorney General Mark Herring’s Medicaid Fraud Investigation Unit and the United States Health and Human Service – Office of the Inspector General. Assistant United States Attorney Jennie L. M. Waering prosecuted the case for the United States.

Ocala, Florida – Acting United States Attorney W. Stephen Muldrow announces the arrest late Tuesday of Albert Larry Harris (27, Lake County) on a federal criminal complaint charging him with receipt of a bribe by a public official. If convicted, he faces a maximum penalty of 15years in federal prison.

According to the criminal complaint, Harris works as a correctional officer in a penitentiary at the Coleman Federal Correctional Complex. Beginning in June 2017, he began providing inmates at the facility with contraband in exchange for large cash payments. Harris met with an undercover federal agent in Ocala on August 22, 2017, where he accepted a $5,000 payment and 200 Suboxone strips for delivery to a federal inmate. In the recorded transaction, Harris promised to take the drugs “straight to [the inmate].” He was arrested by federal agents after accepting the drugs and the money.

A criminal complaint is merely an allegation 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 U.S. Department of Justice - Office of the Inspector General and the Federal Bureau of Investigation. It will be prosecuted by Assistant United States Attorney Robert E. Bodnar, Jr.

Tampa, FL – Acting United States Attorney W. Stephen Muldrow announces that LaJoyce Caldwell Houston (51, Riverview) today pleaded guilty to receiving stolen government property. She faces a maximum penalty of 10 years in federal prison. A sentencing date has not yet been set.

According to the plea agreement, in 2011 and 2012, while working at the Tampa Police Department, LaJoyce Houston received goods, services, money orders, and cash that were obtained with debit cards tied to accounts that had been loaded with fraudulently obtained tax refunds. The fraudulent refunds deposited into these accounts totaled $284,490.41 and were the result of fraudulent federal income tax returns that had been filed by Rita Girven.

For example, in March 2011, Girven paid off LaJoyce Houston’s Target Visa credit card, with Houston’s knowledge, by making two in-store payments totaling $3,863.08. These in-store payments were made using a debit card loaded with nine fraudulently obtained tax refunds, eight issued in the name of identity theft victims, and one issued to Girven.

LaJoyce Houston’s co-defendant and husband, Eric Houston, pleaded guilty on March 31, 2017, to receiving stolen government property. He is scheduled to be sentenced on October 25, 2017.

In a related case (case no. 8:15-cr-58-T-17EAJ), Rita Girven pleaded guilty on March 16, 2015, to conspiracy to commit wire fraud and aggravated identity theft. On November 20, 2015, she was sentenced to 12 years in federal prison.

This case was investigated by the Internal Revenue Service - Criminal Investigation and the Tampa Police Department. It is being prosecuted by Assistant United States Attorneys Mandy Riedel and Megan Kistler.

MARTINSBURG, WEST VIRGINIA – Wesley Chalk, of Inwood, West Virginia, pled guilty today to possession of child pornography, Acting United States Attorney Betsy Steinfeld Jividen announced.

Chalk, age 41, pled guilty to one count of “Possession of Child Pornography.” Chalk admitted to having in his possession child pornography depicting a prepubescent minor and a minor under the age of 12. The crime occurred in August 2016 in Berkeley County.

Chalk faces up to twenty years 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 Stephen L. Vogrin prosecuted the case on behalf of the government. The U.S. Department of Homeland Security investigated. 
 
U.S. Magistrate Judge Robert W. Trumble presided.

Charles Cravens, 47, the former Sheriff of Fentress County, Tennessee, was sentenced today to 33 months in prison, followed by 2 years of supervised release, announced Acting U.S. Attorney Jack Smith of the Middle District of Tennessee and Acting Assistant Attorney General Kenneth A. Blanco of the Justice Department’s Criminal Division. Cravens was charged on April 20, 2017, with three counts of honest services fraud and one count of deprivation of rights under color of law. On the same day, he pleaded guilty to all charges and announced his resignation as the Fentress County Sheriff.

“Today, another public official was sentenced to prison for violating their sworn oath to uphold the law,” said Acting U.S. Attorney Jack Smith. “There are dire consequences when elected officials violate the public’s trust and place their own interest above that of their constituents.”

According to court documents, Cravens admitted that between July 2016 and February 2017, he used his position as Sheriff to provide extra benefits to female inmates in exchange for sexual relationships with each woman. These extra benefits included being personally transported by Cravens from the jail to visit relatives; allowing these inmates to go outside of the jail to smoke cigarettes; and Cravens providing money to relatives of the inmates for deposit into their jail commissary accounts.

Court documents also outline occurrences where Cravens drove female inmates from the jail and engaged in sex in a vacant trailer and in his vehicle. Cravens was also charged with kicking an inmate in the backside and placing him in a headlock while another officer handcuffed him and then striking the inmate in the back of the head, after he was handcuffed.

This case was investigated by the FBI; the Tennessee Bureau of Investigation and the District Attorney’s Office for the Eighth Judicial District. The case was prosecuted by Assistant United States Attorney Katy Risinger and DOJ Trial Attorneys Lauren Bell and Andrew Laing of the Department’s Public Integrity Section.

ALBUQUERQUE – Blanca Elisa Tovar, 43, of Phoenix, Ariz., was sentenced today in federal court in Las Cruces, N.M., to 24 months in prison for her conviction on heroin trafficking charges resulting from a DEA-led investigation targeting a heroin trafficking ring operating out of Sunland Park, N.M. Tovar will be on supervised release for three years after completing her prison sentence.

The DEA’s investigation targeted a heroin trafficking organization led by Raymundo Munoz, 69, of Sunland Park, N.M., that obtained its heroin from Juan Francisco Rivera, 60, of El Paso, Texas. The investigation was designated as part of the Organized Crime Drug Enforcement Task Force (OCDETF) program, a nationwide Department of Justice program that combines the resources and unique expertise of federal agencies, along with their local counterparts, in a coordinated effort to disrupt and dismantle major drug trafficking organizations.

Ten members of the heroin trafficking ring were charged in July 2016, in a 30-count indictment with participation in a heroin trafficking conspiracy and a series of substantive heroin trafficking offenses. The indictment charged all ten defendants with conspiring to distribute heroin in Doña Ana County and elsewhere between May 8, 2016 and July 12, 2016. It also included 23 counts charging certain defendants with distributing heroin or possessing heroin with intent to distribute and six counts charging certain defendants with using communications devices (telephones) to facilitate heroin trafficking crimes.

According to the indictment, Rivera routinely supplied Muñoz with heroin, in quantities ranging from two to nine ounces, which was smuggled by couriers into the United States across the international border in El Paso. Muñoz took the heroin to his Sunland Park residence where he distributed the drugs to others. Members of the conspiracy used telephones to negotiate their heroin deals, arrange for heroin deliveries, and pay for the heroin.

On Dec. 13, 2016, Tovar pled guilty to conspiracy and three counts of possession of heroin with intent to distribute. In entering the guilty plea, Tovar admitted participating in the heroin trafficking conspiracy by crossing heroin from Mexico into the United States, and would then give the heroin to Rivera to give to Munoz to resell to others. Tovar further admitted smuggling the following amounts of heroin: two ounces on May 13, 2016; five ounces on June 24, 2016; five ounces on June 26, 2016; five ounces on June 28, 2016; seven ounces on July 1, 2016; six ounces on July 6, 2016; and seven ounces on June 11, 2016.

The following defendants previously entered guilty pleas in the case:

• Raymundo Munoz pled guilty on March 1, 2017, and was sentenced on Aug. 15, 2017, to 72 months in prison followed by four years of supervised release;

• Carlos Diaz, 37, of El Paso, Texas, pled guilty on Jan. 24, 2017, and was sentenced on June 29, 2017, to 18 months in prison followed by three years of supervised release;

• Sandra Francis Guzman, 53, of El Paso, Texas, pled guilty on March 21, 2017, and was sentenced on July 25, 2017, to 18 months in prison followed by three years of supervised release;

• Alberto Lozano-Morales, 43, of Sunland Park, pled guilty on Dec. 6, 2016, and was sentenced on May 24, 2017 to time served followed by one year of supervised release;

• Juan Francisco Rivera pled guilty on Feb. 7, 2017, and faces a sentence of 108 months in prison under the terms of his plea agreement;

• Armando Daniel Marquez, 54 of Sunland Park, N.M., pled guilty on Feb. 23, 2017, and faces a maximum sentence of 20 years under the terms of his plea agreement; and

• Eleodoro Sanchez, 62, of Canutillo, Texas, pled guilty on March 7, 2017, and faces a maximum sentence of 20 years under the terms of his plea agreement.

One of the two remaining co-defendants has entered a plea of not guilty to the charges in the indictment; the second has yet to be arrested and is considered a fugitive. Charges in indictments and criminal complaints are only accusations. All criminal defendants are presumed innocent unless proven guilty beyond a reasonable doubt.

The Las Cruces office of the DEA and Sunland Police Department investigated these cases with assistance from the El Paso office of the FBI, the U.S. Border Patrol, and the Gang Unit of the El Paso Police Department. Assistant U.S. Attorneys Dustin C. Segovia and Renee L. Camacho of the U.S. Attorney’s Las Cruces Branch Office are prosecuting these cases as part of the New Mexico Heroin and Opioid Prevention and Education (HOPE) Initiative.

The HOPE Initiative was launched in January 2015 by the UNM Health Sciences Center and the U.S. Attorney’s Office in response to the national opioid epidemic, which has had a disproportionately devastating impact on New Mexico. Opioid addiction has taken a toll on public safety, public health and the economic viability of our communities. Working in partnership with the DEA, the Bernalillo County Opioid Accountability Initiative, Healing Addiction in our Community (HAC), the Albuquerque Public Schools and other community stakeholders, HOPE’s principal goals are to protect our communities from the dangers associated with heroin and opioid painkillers and reducing the number of opioid-related deaths in New Mexico.

The HOPE Initiative is comprised of five components: (1) prevention and education; (2) treatment; (3) law enforcement; (4) reentry; and (5) strategic planning. HOPE’s law enforcement component is led by the Organized Crime Section of the U.S. Attorney’s Office and the DEA in conjunction with their federal, state, local and tribal law enforcement partners. Targeting members of major heroin and opioid trafficking organizations for investigation and prosecution is a priority of the HOPE Initiative. Learn more about the New Mexico HOPE Initiative at http://www.HopeInitiativeNM.org.

Eugene Peter Kenworthy, Jr., age 50, of Ambler, PA, was charged today by Indictment with wire fraud, false statements for the purpose of influencing the Federal Housing Administration, aggravated identity theft, and failure to file a tax return, announced Acting United States Attorney Louis Lappen.

If convicted the defendant faces a maximum possible sentence is 166 years’ imprisonment, five years of supervised release, a $5,050,000 fine, and a $1,000 special assessment

The case was investigated by the United States Department of Housing and Urban Development - Office of Inspector General and the Internal Revenue Service - Criminal Investigation, and is being prosecuted by Assistant United States Attorney Karen L. Grigsby.

An Indictment is an accusation. A defendant is presumed innocent unless and until proven guilty.

ALBUQUERQUE – Jose Angel Sanchez, 35, of Las Cruces, N.M., was sentenced today in federal court to 120 months in prison followed by six years of supervised release for his conviction on a methamphetamine trafficking charge.

Sanchez was arrested on Dec. 2, 2016, on a criminal complaint charging him with possessing approximately 229.5 grams of methamphetamine with intent to distribute in Dona Ana County, N.M. According to the complaint, Sanchez committed the crime while on supervised release from a prior federal drug trafficking conviction.

On March 30, 2017, Sanchez pled guilty to a felony information charging him with possessing methamphetamine with intent to distribute. In entering the guilty plea, Sanchez admitted that on Dec. 2, 2016, he possessed more than 50 grams of methamphetamine, which he intended to sell to others. Sanchez also admitted that he was on supervised release from a prior conviction when he committed the offense on Dec. 2, 2016, and that he was prohibited from committing crimes as a condition of his supervised release.

This case was investigated by the Las Cruces office of the FBI and was prosecuted by Assistant U.S. Attorney Sarah M. Davenport of the U.S. Attorney’s Las Cruces Branch Office.

NEWARK, N.J. – One of the FBI’s Ten Most Wanted Fugitives, who was arrested earlier this month in Virginia, made his initial appearance in federal court in Newark for a gang-related murder, Acting U.S. Attorney William E. Fitzpatrick announced.

In September 2013, Walter Yovany-Gomez, 33, a/k/a “Cholo,” was indicted by a Newark grand jury for murder in aid of racketeering and conspiracy to commit murder in an indictment that named 14 alleged members of Plainfield Locos Salvatrucha (PLS), a New Jersey branch of the Mara Salvatrucha (MS-13) transnational gang. At the time of the federal indictment, Yovany-Gomez was a fugitive.

In April 2017, the FBI placed Yovany-Gomez on its Ten Most Wanted Fugitive List. On August 12, 2017, he was arrested without incident in Woodbridge, Virginia, based on tips received from the public. He made his initial appearance before U.S. Magistrate Judge Michael A. Hammer this afternoon and was remanded without bail.

Between 2014 and 2016, all 13 of the other co-defendants charged in the September 2013 federal indictment were convicted, including eight MS-13 members who were convicted following a 16-week trial that ended in June 2016.

Yovany-Gomez is charged in connection with the murder of Julio Matute. According to the indictment and statements made in court:

On the morning of May 8, 2011, Matute was allegedly murdered by Yovany-Gomez and a conspirator, Cruz Flores, a/k/a “Bruja.” Gomez and Flores allegedly struck Matute in the head with a baseball bat, sliced his throat, and stabbed him in the back 17 times with a screwdriver, allegedly because Matute was suspected of socializing with a rival gang. Flores was found guilty of the murder during the trial described above.

Yovany-Gomez is charged with murder in aid of racketeering, which is punishable by a mandatory sentence of life in prison. The charge is a death penalty-eligible offense subject to a decision by the U.S. Attorney General.

Acting U.S. Attorney Fitzpatrick credited special agents of the FBI, under the direction of Special Agent in Charge Timothy Gallagher; and special agents of U.S. Immigration and Customs Enforcement, Enforcement and Removal Operations, under the direction Newark Field Office Director John Tsoukaris. He also thanked the Union County Prosecutor’s Office, under the direction of Acting Prosecutor Grace Park, for long, close collaboration on the case. The FBI Washington Field Office’s Violent Crimes Task Force, the Fairfax County Police Department’s Gang Unit, and the Northern Virginia Gang Task Force coordinated the local search and arrest of Yovany-Gomez. He also acknowledged the U.S. Attorney’s Offices for the Eastern District of Virginia and the District of Maryland for their assistance in the ongoing investigation.

The government is represented by Assistant U.S. Attorneys James Donnelly and Jamari Buxton of the U.S Attorney’s Office Criminal Division in Newark.

The charges and allegations contained in the indictment are merely accusations, and the defendant is presumed innocent unless and until proven guilty.

BOSTON – A Lawrence gang member was indicted today in federal court in Boston on federal firearms and drug charges.

Esmarin Santiago, 39, was charged with one count each of being a felon in possession of firearms and ammunition, possessing fentanyl with the intent to distribute, and possessing firearms during and in relation to a drug trafficking crime. Santiago was previously charged in a criminal complaint and arrested in July 2017.

According to court documents, Santiago is associated with the Latin Gangster Disciple street gang and has a lengthy criminal history including prior convictions for possession of firearms, assault and battery with a dangerous weapon, armed robbery, armed assault, and possession with intent to distribute a controlled substance.

On April 10, 2017, Santiago was allegedly found in possession of a Smith & Wesson 9 mm firearm, a Smith & Wesson .40 caliber firearm, 10 rounds of 9 mm ammunition, and 14 rounds of .40 caliber ammunition. He was also found in possession of over 40 grams of fentanyl.

The charge of being a felon in possession of a firearm provides for a sentence of no greater than 10 years in prison, three years of supervised release and a fine of up to $250,000. The charge of possession with intent to distribute over 40 grams of fentanyl provides for a minimum sentence of five years and a maximum of 40 years in prison, a minimum of four years and a maximum of a lifetime of supervised release, and a fine of up to $5 million. The charge of possessing a firearm during and in relation to a drug trafficking crime provides for a mandatory minimum of five years and a maximum of life in prison to be served consecutively to any other sentence, five years of supervised release, and a fine up to $250,000. Sentences are imposed by a federal judge based upon the U.S. Sentencing Guidelines and other statutory factors.

Acting United States Attorney William D. Weinreb; Mickey D. Leadingham, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms and Explosives, Boston Field Division; Colonel Richard D. McKeon, Superintendent of the Massachusetts State Police; and Middlesex District Attorney Marian T. Ryan made the announcement today. Assistant United States Attorney Kunal Pasricha of Weinreb’s Organized Crime & Gang Unit is prosecuting the case.

The details contained in the indictments are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.

BECKLEY, W.Va. – A Beckley area physician was sentenced today to 20 years in federal prison and ordered to pay a fine of $50,000 for a drug crime, announced United States Attorney Carol Casto. Dr. Michael Kostenko, D.O., 61, of Daniels, previously pleaded guilty to distribution of oxycodone not for legitimate medical purposes and beyond the bounds of medical practice. Kostenko entered his guilty plea in April after a day-and-a-half of jury trial in federal court in Beckley on a 22-count indictment. The trial ended with Kostenko’s guilty plea, and the crime he pleaded to is contained in Count Seven of the Superseding Indictment.

Kostenko admitted that he owned and operated the Coal Country Clinic, a medical practice located in his Raleigh County residence. Kostenko also admitted that on December 9, 2013, he distributed oxycodone, a powerful pain medication, not for legitimate medical purposes. Specifically, Kostenko admitted that on that day, approximately 271 patients arrived at Kostenko’s residence seeking oxycodone prescriptions. Kostenko additionally admitted that his staff collected over $20,000 cash from the patients that he later deposited in a local bank in amounts of less than $10,000. Kostenko further admitted that on that day he wrote over 370 oxycodone prescriptions totaling 22,255 pain pills. Moreover, Kostenko admitted that he wrote these prescriptions from his upstairs bedroom, without seeing any of the patients, and that his staff handed out the prescriptions. Finally, Kostenko admitted that by writing the oxycodone prescriptions, he acted beyond the bounds of professional medical practice.

“This case should send a clear message to drug dealers that we will pursue them regardless of their education and status in the community. As a physician, Dr. Kostenko held a position of trust in the community. Instead of honoring his oath to do no harm, he contributed to the greatest public health crisis of our generation – opioid abuse. Sixteen patients died from overdoses on his watch, but clearly not under his care,” said United States Attorney Carol Casto. “Drug dealers should be aware that we are committed to using every tool in our arsenal to battle the opioid crisis, and the prosecution of health care providers who contribute to the problem will no longer be the exception, but the norm.”

“The West Virginia Department of Health and Human Resources (DHHR) is pleased with the success of the United States Attorney’s Office in holding Michael Kostenko responsible for his actions,” said DHHR Secretary Bill J. Crouch. “Employees of the Office of Health Facility Licensure and Certification worked diligently to close the illegal pain clinic operated by Kostenko, and today’s result brings those efforts full circle.”

The investigation of Kostenko and his Coal Country Clinic was led by the West Virginia State Police, the Federal Bureau of Investigation, the Drug Enforcement Administration, the Office of Inspector General, United States Department of Health and Human Services, and West Virginia DHHR’s Office of Health Facility Licensure and Certification. United States District Judge Irene C. Berger imposed the sentence.

This case was brought 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 prescription drugs and heroin. The U.S. Attorney’s Office, joined by federal, state and local law enforcement agencies, is committed to aggressively pursuing and shutting down illegal pill trafficking, eliminating open air drug markets, and curtailing the spread of opiate painkillers and heroin in communities across the Southern District.

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ALBUQUERQUE – John Michael Carrillo, 27, an enrolled member of the Mescalero Apache Nation who resides in Mescalero, N.M., was sentenced today in federal court in Las Cruces, N.M., to 21 months in prison for his conviction on an assault charge. Carrillo will be on supervised release for three years after completing his prison sentence.

Carrillo was arrested on Dec. 17, 2016, on a criminal complaint alleging that he assaulted a Mescalero Apache woman on Dec. 2, 2016, on the Mescalero Apache Indian Reservation in Otero County, N.M., and that the victim suffered serious bodily injury as the result of the assault. According to the complaint, Carrillo assaulted the victim by throwing the victim to the floor and stomping on her face causing her to suffer a broken jaw, which required surgery.

On May 11, 2017, Carrillo pled guilty to a felony information charging him with assault resulting in serious bodily injury. In entering the guilty plea, Carrillo admitted that on Dec. 2, 2016, he assaulted the victim by stomping on her face. Carrillo acknowledged that the victim suffered a fractured jaw as the result of the assault, which required surgical repair.

This case was investigated the Mescalero Agency of the BIA’s Office of Justice Services. The case was prosecuted by Assistant U.S. Attorney Aaron O. Jordan of the U.S. Attorney’s Las Cruces Branch Office as part of the Tribal Special Assistant U.S. Attorney (Tribal SAUSA) Pilot Project in the District of New Mexico, which is sponsored by the Justice Department’s Office on Violence Against Women under a grant administered by the Pueblo of Laguna. The Tribal SAUSA Pilot Project seeks to train tribal prosecutors in federal law, procedure and investigative techniques to increase the likelihood that every viable violent offense against Native American women is prosecuted in either federal court or tribal court, or both. The Tribal SAUSA Pilot Project was largely driven by input gathered from annual tribal consultations on violence against women, and is another step in the Justice Department's on-going efforts to increase engagement, coordination and action on public safety in tribal communities.