PITTSBURGH – A resident of Cincinnati, Ohio, pleaded guilty in federal court to charges of conspiracy to commit bank fraud and aggravated identity theft, Acting United States Attorney Soo C. Song announced today.

James Brown, 59, of Cincinnati, OH, pleaded guilty to two counts before United States District Judge Nora Barry Fischer.

In connection with the guilty plea, the court was advised that between May 2014 through February 2017, Brown and others negotiated counterfeit checks at gaming casinos along the east coast from Florida to New York, using false identification documents produced with the names of real persons to negotiate the counterfeit checks. Some of those checks were negotiated at the River’s Casino in Pittsburgh. Fraud losses total several hundred thousand dollars.

Judge Fischer scheduled the sentencing for December 21, 2017 at 11 a.m. The law provides for a maximum sentence for the bank fraud conspiracy is 30 years in prison, and a minimum sentence of 24 months incarceration for aggravated identity theft, and fines for both crimes totaling $1,250,000. Under the Federal Sentencing Guidelines, the actual sentence imposed is based upon the seriousness of the offenses and the criminal history, if any, of the defendant.

Assistant United States Attorney Gregory C. Melucci is prosecuting this case on behalf of the government.

Agents from Homeland Security Investigations and the Pennsylvania State Police conducted the investigation that led to the prosecution of James Brown.

PITTSBURGH – An Allegheny County resident pleaded guilty in federal court to a charge of bank and wire fraud conspiracy, Acting United States Attorney Soo C. Song announced today.

James Nassida, 49, of West Mifflin, Pennsylvania, pleaded guilty to one count before Senior United States District Judge Donetta Ambrose.

In connection with the guilty plea, the court was advised that Nassida owned operated a mortgage brokerage business called Century III Home Equity (Century III), which assisted borrowers in obtaining loans collateralized by real estate. At the time of the events at issue, which was between 2002 and 2008, Century III was one of the largest mortgage broker businesses in the Western District of Pennsylvania, and during the course of that timeframe brokered hundreds of millions of dollars worth of loans using more than a dozen different lenders. Many of those loans, however, involved one or more aspects.

Some of the aspects of the fraud included the following:

• Appraisals that fraudulently inflated the true value of the properties;
• Settlement statements that falsely reflected that the borrowers made substantial payments associated with the purchases of real estate;
• Settlement statements that failed to disclose secondary financing;
• Settlement statements that failed to include cash payments charged by Century III and paid by the borrowers;
• Settlement statements and closing documents that were backdated to reflect that the settlements had occurred on a date prior to the actual settlement date; and
• Various loan documents, including loan approval forms, good faith estimates, and underwriting transmittal forms, that failed to disclose secondary financing and falsely represented the combined loan-to-value ratio.
   

The fraud also involved misrepresentations to some of the borrowers to induce them to enter into the transactions, including concealing the fees Century III received from lenders for the borrowers’ transactions and the impact of those fees on the borrowers’ interest rates; and concealing the nature of the mortgage products, including that some of the mortgage products could negatively amortize. Lastly, the fraud also involved James Nassida’s receipt of kickbacks from the settlement company that he failed to disclose to the borrowers and lenders, as required.

James Nassida submitted multiple fraudulent documents associated with loans in which he served as a loan officer. In addition, loan officers working under his direction regularly submitted false information to lenders and borrowers. Nassida also caused the submission of fake documents to the lender in connection with his purchase of a $300,000 vacation home near Seven Springs, including the following: (1) a settlement statement that overstated the sales price; (2) a loan application that falsely stated his income and assets; and (3) fake statements from an investment company that falsely verified that he had more than $600,000 in investment when he really had about $15,000. In the loan application, James Nassida reported that he earned approximately $980,000 in 2006, but he did not even file his tax returns in 2006, and his reported taxable income in 2004 and 2005 was not even close to that figure.

Judge Ambrose scheduled sentencing for January 10, 2018. The law provides for a total sentence of 30 years in prison, a fine of $1,000,000, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed is based upon the seriousness of the and the prior criminal history, if any, of the defendant.

Assistant United States Attorneys Brendan T. Conway and Cindy Chung are prosecuting this case on behalf of the government.

The Mortgage Fraud Task Force, in conjunction with the Allegheny County District Attorney’s Office conducted the investigation that led to the prosecution of Nassida. The Mortgage Fraud Task Force is comprised of investigators from federal, state and local law enforcement agencies and others involved in the mortgage industry. Federal law enforcement agencies participating in the Mortgage Task Force include the Federal Bureau of Investigation; the Internal Revenue Service, Criminal Investigations; the United States Department of Housing and Urban Development, Office of Inspector General; the United States Postal Inspection Service; and the United States Secret Service. Other Mortgage Fraud Task Force members include the Allegheny County Sheriff's Office; the Allegheny County District Attorney’s Office; the Pennsylvania Attorney General's Office, Bureau of Consumer Protection; the Pennsylvania Department of Banking; the Pennsylvania Department of State, Bureau of Enforcement and Investigation; and the United States Trustee's Office. The primary investigators from this case were from the Federal Bureau of Investigation and the United States Secret Service.

ALBANY, NEW YORK – Mohammed Muniru Bichi, age 62, of Montreal, Canada, was sentenced today to time served (29 days in jail), followed by a 3-year period of supervised release, for attempting to illegally re-enter the United States.  

The announcement was made by Acting United States Attorney Grant C. Jaquith and Steven Bronson, United States Customs and Border Protection Port Director for the Champlain Port of Entry. 

As part of his guilty plea, Bichi admitted that he is a citizen of Canada, and that he attempted to illegally return to the United States after he was removed to Canada on July 7, 2017.  On August 1, 2017, Bichi was arrested as he attempted to enter the United States by train at the Rouses Point Rail Port of Entry.  Bichi said that he was traveling to New York City.    

Following the sentencing, Bichi was remanded to the custody of the Department of Homeland Security, which will place him into removal proceedings. 

The case was investigated by United States Customs and Border Protection and prosecuted by Assistant U.S. Attorney Edward P. Grogan.
 

PLATTSBURGH, NEW YORK – Mohammed Nurey Ibrahim, age 41, an Eritrean national and resident of Riyadh, Saudi Arabia, was sentenced today to time served (about 4 months in jail) for presenting a fraudulently obtained visa to a United States Border Patrol Agent in Champlain, New York

The announcement was made by Acting United States Attorney Grant C. Jaquith and Acting Director Christian J. Schurman of the U.S. Department of State’s Diplomatic Security Service.

As part of his July 18, 2017 guilty plea, Ibrahim admitted that he fraudulently obtained a United States non-immigrant tourist visa in September 2016 from a United States consulate in Saudi Arabia. On January 5, 2017, he presented that visa to a Border Patrol Agent in Champlain as he attempted to illegally cross the border in order to claim asylum in Canada.

Following sentencing, Ibrahim was remanded to the custody of the Department of Homeland Security, for removal proceedings.

This case was investigated by the U.S. Department of State’s Diplomatic Security Service, United States Customs and Border Protection, United States Border Patrol, and Homeland Security Investigations, and was prosecuted by Assistant U.S. Attorney Elizabeth Horsman.

SCRANTON- The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Larry Gilliam, age 36, of Wilkes-Barre, Pennsylvania was indicted on August 29, 2017, by a federal grand jury for carefentail and heroin trafficking as well as possessing firearms in furtherance of drug trafficking.

According to United States Attorney Bruce D. Brandler, the indictment alleges that Gilliam sold heroin laced with carfentanil on July 19 and 21, 2017, and possessed with intent to distribute carfentanil and heroin on July 22, 2017. The indictment also alleges that Gilliam possessed three firearms in furtherance of his drug trafficking activity. Gilliam is also charged with unlawfully possessing an AK-47 pistol, a Springfield semi-automatic pistol and a Smith and Wesson semi-automatic pistol as a previously convicted felon.

The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, and the Kingston and Wilkes-Barre Police Departments. Assistant United States Attorney Evan Gotlob is prosecuting the case.

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.

This case was also brought as part of the Violent Crime Reduction Partnership (“VCRP”), a district wide initiative to combat the spread of violent crime in the Middle District of Pennsylvania. Led by the United States Attorney’s Office, the VCRP consists of federal, state and local law enforcement agencies whose mission is to locate, apprehend, and prosecute individuals who commit violent crimes with firearms.

Indictments 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 is life 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.

# # #

Abingdon, VIRGINIA – A federal grand jury in Abingdon returned two indictments yesterday against four United States Bureau of Prisons correctional officers who were employed at United States Penitentiary at Lee County (“USP-Lee”), Acting United States Attorney Rick A. Mountcastle announced.

The indictments returned against Charles Carter, 47, of Wise, Va., Ryan Sluss, 27, of Coeburn, Va., and William Marshal, 49, of Jonesville, Va., charge them each with one count of making a false statement and using a false writing in a matter within the executive branch of the United States government. The indictment returned against Jerry Shuler, 38, of Big Stone Gap, Va., charges him with ten counts of making a false statement and using a false writing in a matter within the executive branch of the United States government.

The indictment alleges that Sluss, Marshall, Carter, and Shuler, while employed at USP-Lee, falsified forms in the Special Housing Unit stating they, or other officers, had done required checks on inmates when the checks were in fact not conducted.

The investigation of the case was conducted by the Department of Justice Office of the Inspector General and the United States Bureau of Prisons. Assistant United States Attorney Zachary T. Lee will prosecute the case for the United States.

A Grand Jury Indictment is only a charge and not evidence of guilt. The defendants are entitled to a fair trial with the burden on the government to prove guilt beyond a reasonable doubt.

Tampa, Florida – U.S. District Judge Charlene Honeywell has sentenced Anil Sahijwani (43, Tampa) to 45 months in federal prison for illegally prescribing oxycodone, Adderall, and other controlled substances. The Court also ordered him to forfeit his DEA registration number, $182,266.66, and the value of a personally owned Porsche, all of which constitute proceeds of the offenses, or which were used in furtherance of the offenses.

Sahijwani pleaded guilty on February 23, 2017.

According to court documents, Sahijwani worked at Family Medical Express Center, Inc. in Brandon, Florida, along with several co-conspirators. He and his co-conspirators implemented a plan to sell unlawful prescriptions for oxycodone and other controlled substances to people who did not need them and who instead diverted them for sale in the community on a per-pill basis. In some cases, Sahijwani wrote prescriptions at the request of his co-conspirators in the names of people he had never examined or met. Sahijwani also sold prescriptions for oxycodone out of his car in a Tampa parking lot. During the course of the conspiracy, Sahijwani wrote unlawful prescriptions for over 18,000 oxycodone pills.

“As law enforcement addresses the ongoing opioid crisis, it is unconscionable that a physician would be part of the Pill Mill problem that has left its indelible mark on the Tampa area and the country,” said DEA Special Agent in Charge Adolphus P. Wright. “DEA, and our law enforcement partners, will remain vigilant in finding these unscrupulous medical professionals and clinics and see to it that they are prosecuted accordingly.”

This case was investigated by the Drug Enforcement Administration. It was prosecuted by Assistant United States Attorney Daniel George.

Tampa, Florida – U.S. District Judge Mary S. Sciven yesterday sentenced Weldon Malveau to three years in federal prison for theft of government property. The Court also ordered him to forfeit a 2010 Porsche Panamera, which is traceable to proceeds of the offense. As part of his sentence, the Court entered a money judgment in the amount of $342,563, the proceeds of the charged criminal conduct.

Malveau pleaded guilty on February 7, 2017.

According to court documents, between January 2011 and March 2012, Malveau was involved in a scheme to file false and fraudulent income tax returns with the Internal Revenue Service (IRS) in order to generate large refunds that were deposited onto debit cards. When law enforcement officers arrested Malveau in March 2012, he had 26 debit cards in his possession, in the names of different individuals, along with ledgers containing names and social security numbers. The investigation revealed that the IRS had received fraudulent tax returns and had issued refunds in the names of many of those individuals, totaling $342,563, which was traced back to Malveau.

This case was investigated by the Internal Revenue Service – Criminal Investigation and the Tampa Police Department. It was prosecuted by Assistant United States Attorney Adam M. Saltzman.

DAVENPORT, IA - On August 29, 2017, Leroy Lynell Grandberry, 30, of Davenport, Iowa, was sentenced by Chief United States District Court Judge John A. Jarvey to 36 months in prison for felon in possession of a firearm, announced United States Attorney Kevin E. VanderSchel. Grandberry was ordered to serve three years of supervised release following his imprisonment and to pay $100 to the Crime Victims’ Fund.  

On April 24, 2017, Grandberry pleaded guilty to the offense and admitted on August 27, 2016, he possessed a Bersa Thunder .380 caliber semi-automatic handgun while a passenger in a vehicle in Davenport. Grandberry was prohibited from possessing a firearm due to a 2005 felony conviction from Scott County, Iowa.

The Bureau of Alcohol, Tobacco, Firearms and Explosives and Davenport Police Department conducted the investigation. This case was prosecuted by the United States Attorney’s Office for the Southern District of Iowa.

-END-

Learn more about this release by calling Rachel J. Scherle at 515-473-9300, or by emailing her at Rachel.Scherle@usdoj.gov.

ATLANTA – In three separate federal indictments unsealed on Tuesday August 29, 2017, 16 U.S. Postal Service (USPS) employees working in locations across the metro-Atlanta area have been charged with accepting bribes to deliver packages of kilogram-quantities of cocaine in a wide-reaching sting operation.

“Postal employees are entrusted to perform a vital service as they travel through our communities, often visiting our homes and interacting personally with our citizens,” said U.S. Attorney John Horn. “The defendants in this case allegedly sold that trust out to someone they knew to be a drug dealer, and simply for cash in their pockets they were willing to endanger themselves and the residents on their routes and bring harmful drugs into the community.”

“The allegations contained in these federal indictments are disturbing to say the least. The blatant abdication of the public trust through the criminal conduct of these sixteen U.S. Postal Service employees, absolutely stains the established trust of their peers and those that went before them at the U.S. Postal Service. While it is hoped that this extensive joint investigation and resulting federal prosecution will serve as a deterrent for others, the FBI makes it clear that public corruption remains our number one criminal program priority and, as such, we have dedicated significant resources toward the identification, investigation, and presentation for prosecution of any individuals involved in similar such conduct,” said David J. LeValley, Special Agent in Charge, FBI Atlanta Field Office.

“The DeKalb County District Attorney's Office is equally committed to aggressively combating public corruption. This case highlights the importance of interagency cooperation to effectively identify, investigate, and prosecute those who abuse their positions of public trust regardless of geographical borders.”

“While the vast majority of U.S. Postal Service personnel are hard-working and trustworthy individuals who are dedicated to delivering mail and would never consider engaging in criminal behavior, these charges reflect the select few who decided to betray the trust. This type of behavior within the Postal Service is not tolerated and when employees engage in criminal behavior, the special agents of the U.S. Postal Service, Office of Inspector General (USPS OIG) vigorously investigate these matters, along with other federal and local law enforcement agencies, to hold accountable those employees who violate that public trust,” said Paul L. Bowman, USPS OIG Special Agent in Charge, Capital Metro Area Field Office.

According to U.S. Attorney Horn, the indictments, and other information presented in court: USPS employees allegedly accepted bribes from a person they believed was a drug trafficker using the U.S. mail to ship cocaine – multiple kilograms at a time – into the Atlanta area. The USPS employees are as follows:

• Cydra Rochelle Alexander, 31, of Riverdale, Georgia, a letter carrier assigned to the Ralph McGill Carrier Annex and Central City Branch of the Atlanta Post Office.

• Aurthamis O. Burch, a/k/a Tank, 46, of Snellville, Georgia, a letter carrier assigned to the Doraville Post Office.

• Kawana Rashun Champion, 35, of Jonesboro, Georgia, a clerk assigned to the North Springs Branch of the Sandy Springs Post Office and Central City Branch of the Atlanta Post Office.

• Eleanor Lolita Golden, a/k/a Eleanor Johnson, 54, of East Point, Georgia, a letter carrier assigned to the West End Branch of the Atlanta Post Office.

• Tonie Harris, 54, of Decatur, Georgia, a letter carrier assigned to the Sandy Springs Post Office.

• Leea Janel Holt, 38, of Atlanta, Georgia, a letter carrier assigned to the Old National Branch of the Riverdale Post Office.

• Clifton Curtis Lee, a/k/a Cliff, 41, of Lithonia, Georgia, a letter carrier assigned to the Sandy Springs Post Office.

• Shakeed Anilah Magee, 40, of College Park, Georgia, a letter carrier assigned to the West End Branch of the Atlanta Post Office.

• Horace Manson, 40, of Roswell, Georgia, a letter carrier assigned to the West End Branch of the Atlanta Post Office.

• Olivia Marita Moore, 25, of Atlanta, Georgia, a letter carrier assigned to the Old National Branch of the Riverdale Post Office.

• Eddie Nash, 63, of Decatur, Georgia, a letter carrier assigned to the West End Branch of the Atlanta Post Office.

• Jeffrey A. Pearson, 59, of Austell, Georgia, a letter carrier assigned to the Decatur Post Office.

• Rodney Antwain Salter, 33, of Jonesboro, Georgia, a letter carrier assigned to the Martech Branch of the Atlanta Post Office.

• Frank Webb, 40, of Lithonia, Georgia, a letter carrier assigned to the Central City Branch of the Atlanta Post Office.

• Katrina Nicole Wilson, a/k/a Trina, 38, of Fairburn, Georgia, a letter carrier assigned to the West End Branch of the Atlanta Post Office.

• Harvel Donta Young, a/k/a Dante, 39, of Atlanta, Georgia, a letter carrier assigned to the Westside Annex Branch of the Marietta Post Office.

In exchange for the bribe payments, these individuals allegedly provided special addresses that the drug trafficker could use to ship packages of cocaine. The defendants then intercepted the packages and delivered them to the drug trafficker. Unbeknownst to them, the drug trafficker was actually working with law enforcement and the packages they delivered contained fake drugs.

Some of the postal employees went on to recruit additional USPS employees to join the criminal scheme, and accepted additional money for drug packages delivered by their recruits.

Dexter Bernard Frazier, a/k/a Dec, 56, of Fairburn, Georgia, was also charged based on his role in introducing several of the defendants to the drug trafficker and coordinating logistics of the scheme in exchange for payments.

Alexander, Burch, Champion, Frazier, Golden, Harris, Holt, Lee, Magee, Manson, Moore, Nash, Salter, Webb, Wilson, and Young have been arrested and will be arraigned before U.S. Magistrate Judge Linda T. Walker.

Members of the public are reminded that the indictments only contain charges. The defendants are presumed innocent of the charges and it will be the government’s burden to prove the defendants’ guilt beyond a reasonable doubt at trial.

This case is being investigated by the Federal Bureau of Investigation, DeKalb County District Attorney’s Office, and U.S. Postal Service Office of Inspector General.

Assistant U.S. Attorneys Garrett L. Bradford and Jill E. Steinberg are prosecuting the case.

The U.S. Attorney’s Office in Atlanta recommends parents and children learn about the dangers of drugs at the following web site: www.justthinktwice.gov.

For further information please contact the U.S. Attorney’s Public Affairs Office at USAGAN.PressEmails@usdoj.gov or (404) 581-6016. The Internet address for the U.S. Attorney’s Office for the Northern District of Georgia is http://www.justice.gov/usao-ndga.

Other two coconspirators also receive lengthy prison sentences

          GRAND RAPIDS, MICHIGAN —Acting U.S. Attorney Andrew Birge announced today that U.S. District Judge Janet T. Neff sentenced Jaime Valente Pina, Jr. of Alamo, Texas to 87 months’ in prison for participating in a cocaine distribution conspiracy that operated in and around Muskegon and Oceana counties from the summer of 2015 until August 2016. In addition to his prison term, the Court sentenced him to three years of supervised release. Pina was convicted on May 10, 2017 after a three day jury trial.

          The conspiracy began in the summer of 2015 when Magdaleno Rodriguez, a cocaine dealer operating in and around Oceana County, was introduced to Jaime Valente Pina, Jr. as a new source of supply for cocaine. Thereafter, Jaime Pina and his brother, Angel Pina, supplied cocaine to Rodriguez on a monthly basis for further redistribution throughout West Michigan. The Pina brothers are from the Rio Grande Valley – the southernmost tip of Texas – which shares an extensive stretch of border with Mexico. Throughout the conspiracy, they brought cocaine to Rodriguez from their Texas-based source of supply. The conspiracy ended in approximately August 2016 after officers of the State, Sheriffs, Chiefs, Enforcement Narcotics Team (SSCENT) concluded undercover buys from Rodriguez and executed a search warrant at his home. Officers of the West Michigan Enforcement Team (WEMET) apprehended the Pina brothers while executing a warrant at a drug house in Ravenna, Michigan in November 2016.

          Magdaleno Rodriguez and Angel Pina pled guilty prior to trial. Rodriguez and Angel Pina were sentenced in U.S. District Court on July 11, 2017. The Court sentenced Rodriguez to 98 months’ incarceration and four years of supervised release. Angel Pina received 109 months’ incarceration and three years of supervised release.

          Acting U.S. Attorney Birge stated: "The interstate trafficking of controlled substances into the Western District of Michigan remains a key prosecution priority for my office. Controlled substances poison our communities and they impair and often destroy the potential of those who use them. Individuals involved with importing these toxic substances into the Western District of Michigan will be brought to justice."

          "The sentencing of this final defendant brings full resolution to this investigation and chokes off a drug tracking organization responsible for distributing cocaine in our communities," said Steve Francis, HSI Detroit special agent in charge. "HSI will continue to use its vast resources to combat the spread of illegal drugs."

          "This is yet another great example of the cooperative law enforcement efforts that occur daily in west Michigan. The agencies involved in this case worked diligently to ensure justice was served," stated Detective/First Lieutenant Andy Fias, the Section Commander of WEMET and SSCENT.

          Homeland Security Investigations, an investigative arm of the Department of Homeland Security, led the investigation with the assistance of SSCENT and WEMET. SSCENT and WEMET are two state-managed multijurisdictional drug task forces. Assistant U.S. Attorneys Joel S. Fauson and Timothy P. VerHey prosecuted this case.

END

BOSTON - A Liberian national was charged today in federal court in Boston with assaulting a deportation officer at Logan International Airport during removal.

Mohammed Kenneh, 35, was charged with assault on a federal officer and is scheduled to appear before Magistrate Judge M. Page Kelley today at 2:45 PM.

On July 16, 2016, Kenneh was ordered removed from the United States back to Liberia. On Aug. 29, 2017, Kenneh was transported to Logan International Airport for removal. Once at the airport, Kenneh was met by two deportation officers who asked him to exit the van in which he arrived.  Kenneh refused to exit the van; therefore, one of the officers entered the van and attempted to remove Kenneh from the vehicle. Kenneh resisted the officer and struck the officer on the head and shoulders multiple times, eventually knocking the officer onto the floor of the van. Kenneh then wrapped his handcuffed hands around the officer’s wrist and hands and refused to release the officer. Another officer then entered the van and, together, the two officers were able to remove Kenneh from the van onto the sidewalk. A decision was then made to abort the removal proceedings and return Kenneh to Immigration and Customs Enforcement custody.

Kenneh faces a sentence of no greater than 20 years in prison, three years of supervised release, a fine of $250,000 and will be subject to deportation upon completion of his sentence.  Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.

Acting United States Attorney William D. Weinreb and Christopher Cronen, Field Office Director, Enforcement and Removal Operations Boston Field Office, U.S. Immigration and Customs Enforcement, made the announcement today. Assistant U.S. Attorney Kenneth G. Shine of Weinreb’s Major Crimes Unit is prosecuting the case.

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

DAYTON – David Kirkwood, 61, and Beverly Kirkwood, 50, of Dayton, pleaded guilty in U.S. District Court to health care fraud. David Kirkwood also pleaded guilty to one count of unlawful drug trafficking.

Benjamin C. Glassman, United States Attorney for the Southern District of Ohio, Ohio Attorney General Mike DeWine, Lamont Pugh III, Special Agent in Charge, U.S. Department of Health & Human Services Office of Inspector General (HHS-OIG) Chicago Region and Timothy J. Plancon, Special Agent in Charge, Drug Enforcement Administration (DEA)announced the pleas entered into before U.S. District Judge Water H. Rice.

According to the facts outlined in the plea agreements, David Kirkwood owned and operated Kirkwood Family Practice in Dayton beginning in 1986.

David Kirkwood distributed nearly 4,000 units of Oxycodone outside the scope of medical practice and not for a legitimate medical purpose. All of these units were paid for by Medicare or Medicaid.

The doctor often used the same billing code for his customers regardless of the service performed, and would accept health care insurance payments for examinations that were not medically appropriate or sufficient for the billing codes submitted. Those bills were submitted on behalf of the practice and with the assistance of Beverly Kirkwood.

According to the indictment, David Kirkwood saw up to 100 patients per day, charging $100 per office visit. The government has sought to seize approximately $2.5 million in proceeds from the conspiracy.

“When a doctor distributes Oxycodone without a legitimate medical purpose and outside the scope of medical practice, that’s not just bad practice. It’s unlawful drug trafficking,” U.S. Attorney Glassman said. “In pleading guilty, David Kirkwood admitted that he was distributing opioids and other controlled substances as a drug dealer, not as a doctor.”

“The investigation found that this doctor took advantage of those suffering from addiction in the Dayton area for personal gain,” said Attorney General DeWine. “The pills never should have been prescribed because they served no legitimate medical purpose, and I applaud the work of state, federal, and local authorities to hold him accountable for his actions.”

As part of David Kirkwood’s plea, he has agreed to pay restitution in the amount of nearly $160,000, which represents the loss to Medicare and Medicaid.

Both David and Beverly are scheduled for sentencing before Judge Rice on December 6.

U.S. Attorney Glassman commended the investigation of this case by the Ohio Attorney General’s Medicaid Fraud Control Unit, HHS-OIG and DEA, as well as Special Assistant United States Attorney Maritsa Flaherty and Assistant United States Attorney Timothy Oakley.

# # #

Alleged to have extorted and made death threats to minor victims around the country-Victims are urged to contact law enforcement if threats were made

PRESS RELEASE

Indianapolis –A Bakersfield, California, man was recently charged in the Southern District of Indiana for making cyber threats to young woman in a suburb of Indianapolis. He is also believed to have made similar threats to other teenagers around the country in as many as ten states, including Maine. Buster Hernandez, 26, a/k/a Brian Kil, a/k/a Purge of Maine, was charged with threats to use an explosive device, threats to injure and sexual exploitation of a child.

“Terrorizing young victims through the use of social media and hiding behind the anonymity of the Internet will not be tolerated by this office,” said Minkler. “Those who think they can outwit law enforcement and are above being caught should think again. Mr. Hernandez’s reign of terror is over.”

According to court documents, the Brownsburg Police Department contacted the FBI in December 2015, asking for assistance with a cyber-threat case involving a minor female victim (Victim 1), a resident of Plainfield Indiana. The threats came from a person known only at the time as “Brian Kil” who used Facebook to communicate with Victim 1 to extort sexually explicit pictures from her. This pattern continued for approximately 16 months with Victim 1 sending sexually explicit images of herself under threat by “Brian Kil.” This technique is commonly referred to as “sextortion.”

When Victim 1 refused to provide additional images as demanded, Hernandez is alleged to have made physical threats to Victim 1, stating “I am coming for you. I will slaughter your entire class and save you for last.” He further made threats to law enforcement saying, “I will add a dozen dead police to my tally…Try me pigs, I will finish you off as well.” These threats caused school administrators to close the Plainfield and Danville High Schools. The Shops at Perry Crossing in Plainfield was also closed December 19, 2015, but reopened the following day after law enforcement insured there were no credible threats.

Hernandez is also alleged to have sexually exploited and threatened two other minor victims (Victims 2 and 3). When Victim 2 stopped complying with Hernandez’s demands, he posted sexually explicit images and videos of Victim 2 that she sent to Hernandez against her will. According to the complaint affidavit, Hernandez asked Victim 3 to attend a community forum held in Plainfield, Indiana, and record law enforcement’s statements about the investigation into “Brian Kil.”

In addition, Hernandez is alleged to have “sextorted” a number of victims in at least 10 federal districts.

“This was a unique and complex investigation that highlights the tenacity, perseverance, expertise and dedication of the FBI Indianapolis’ Crimes Against Children Task Force and was a top priority. Innovative techniques were utilized, solutions to roadblocks created and partnerships with key private sector partners were developed,” said W. Jay Abbott, Special Agent in Charge of the FBI’s Indianapolis Division. “I stood in front of concerned parents and community members and told them we would find the person who had been victimizing these young girls and, with the tireless work of our agents and partners, we never gave up.”

Hernandez had his initial appearance in the Eastern District of California on Friday, August 4, 2017. He will appeared before a magistrate judge in Indianapolis at 3pm Wednesday, Aug 30, 2017.

This investigation was jointly conducted by the Federal Bureau of Investigation, the Indiana State Police, the Plainfield Police Department and the Brownsburg Police Department.

Indiana State Police Superintendent Doug Carter said, “I have no doubt Buster Hernandez had forgotten all about Plainfield, Indiana and the terror he inflicted; but none of us here forgot.” Carter concluded, “We said we’d keep looking until we found you, and we did.”

According to Assistant United States Attorney Tiffany J. Preston who is prosecuting this case for the government, Hernandez faces a mandatory minimum sentence of 15 years’ imprisonment, and a maximum of 30 years’ imprisonment if convicted on all counts.

A criminal complaint is merely a charge and not evidence of guilt. All defendants are presumed innocent until proven otherwise in federal court.

If you believe you have been a victim of sextortion by Buster Hernandez, a/k/a Brian Kil, a/k/a Purge of Maine, please contact the Indianapolis FBI Office at https://tips.fbi.gov/ or call 317-595-4000, Option 2, to make a report.

###

FOR IMMEDIATE RELEASE                                   ContactELIZABETH MORSE

www.justice.gov/usao/md                                             at (410) 209-4811

Baltimore, Maryland – Sergeant Thomas Allers, age 49, of Linthicum Heights, Maryland was arrested today for a racketeering conspiracy and racketeering offenses, including robbery and extortion. The indictment was returned on August 24, 2017 and unsealed today.

The indictment was announced by Acting U.S. Attorney for the District of Maryland Stephen M. Schenning and Special Agent in Charge Gordon B. Johnson of the Federal Bureau of Investigation, Baltimore Field Office.

The racketeering indictment alleges that Allers stole money from victims, some of whom had not committed crimes, swore out false affidavits and submitted false official incident reports. Sergeant Allers joined the Baltimore Police Department on July 22, 1996. He became the officer-in-charge of the Gun Trace Task Force (GTTF), a specialized unit created to investigate firearms crimes, on or about July 25, 2013.

The racketeering conspiracy alleges robbery and extortion violations committed by Allers in 2014, 2015 and 2016 when he was the officer-in-charge of the GTTF. Allers was reassigned out of the GTTF on June 14, 2016.

In some cases, there was no evidence of criminal conduct by the victims; Allers stole money that had been earned lawfully. The amounts stolen ranged from $700 to $66,000.

For example, on or about April 3, 2015, Allers and coconspirators executed a search warrant at a residence in Baltimore City and discovered approximately $6,000 in the home. This money was a combination of money that the homeowners had made buying and selling used cars and a tax refund the wife had received. Allers and his coconspirators took approximately $5,700 of the $6,000, and then filed a false incident report stating that only $233 had been seized.

In another incident, on or about March 2, 2016, Allers and his co-conspirators executed a search warrant at a residence in Baltimore City. The resident of the home had $200 in her purse, which her daughter had received the previous day during her birthday party, $900 to pay her rent for that month, $300 to pay down the amount of money she owed Baltimore Gas & Electric for utilities and $8,000 which was the proceeds of drug sales. Allers approved the false report that stated that only $1,624 had been seized from home, when in fact, he had stolen more than $7,000.

In another incident, on or about April 28, 2016, Allers and coconspirators robbed a residence after arresting an individual who resided at the residence. Allers and his coconspirators robbed the occupants of the residence of over $10,000. Allers approved a false incident report which failed to report that any money had been taken from the residence, when in fact he and his coconspirators stole more than $10,000. Following this robbery, one of the residents was shot and killed because he could not repay a drug-related debt.

According to the indictment, Allers allegedly prepared and submitted false official incident and arrest reports, reports of property seized from arrestees, and charging documents. The false reports concealed the fact that the officers had stolen money from individuals. In addition, the indictment alleges that Allers obstructed law enforcement by alerting other members of the GTTF about potential investigations of their criminal conduct.

Allers has been charged with nine counts of Robbery and Extortion and the indictment alleges that he stole over $90,000.00.

Allers faces a maximum sentence of 20 years in prison for the conspiracy, the robveries and for racketeering. Allers is scheduled to have his initial appearance in U.S. District Court in Baltimore today at 3:00 p.m. in Courtroom 7D.

An indictment is not a finding of guilt. An individual charged by indictment is presumed innocent unless and until proven guilty at some later criminal proceedings.

Acting United States Attorney Stephen M. Schenning commended the FBI for their work in the investigation. Acting U.S. Attorney Schenning also thanked Assistant U.S. Attorneys Leo J. Wise and Derek E. Hines, who are prosecuting this Organized Crime Drug Enforcement Task Force case.

Roanoke, VIRGINIA – A Roanoke woman, who repeatedly abused a 5-year-old child in her custody, pleaded guilty this morning in the United States District Court for the Western District of Virginia in Roanoke to a number of charges related to child sexual exploitation and child pornography, Acting United States Attorney Rick A. Mountcastle announced.

Shannon Marie Bobrosky, 23, of Roanoke, pleaded guilty to two counts of production of child pornography, one count of permitting the production of child pornography involving a child she had custody or control of at the time, and one count of distribution of child pornography.

According to evidence presented at this morning’s guilty plea hearing by Supervisory Assistant United States Attorney Laura Day Rottenborn, Bobrosky was the child victim’s legal guardian. Although she was responsible for the child’s physical, emotional and mental well-being, Bobrosky instead sexually abused the child, took digital photographs of the abuse, and distributed the images using text message applications and other means. According to the evidence, Bobrosky appears to have been motivated by her desire to satisfy various sexual fetishes, to include having a submissive relationship with males interested in child pornography and/or pedophilia, and seeking sexual gratification by providing such males with images of the actual or simulated sexual molestation of the child, as well as fantasies regarding the rape of the child by those males.

Acting United States Attorney Mountcastle commended Supervisory AUSA Rottenborn, and U.S. Immigration and Customs Enforcement-Homeland Security Investigations, the Federal Bureau of Investigation and the Roanoke City Police Department, whose outstanding investigation and prosecution rescued the child-victim from further sexual abuse.

Deirdre M. Daly, United States Attorney for the District of Connecticut, today announced that PABLO TEXIDOR, 40, of West Hartford, waived his right to be indicted and pleaded guilty yesterday before U.S. District Judge Michael P. Shea in Hartford to importing a tableting machine and tableting dies to manufacture fake oxycodone pills that contain heroin.

According to court documents and statements made in court, on March 15, 2017, U.S. Customs and Border Protection officials inspected a parcel from China that was being shipped to TEXIDOR’s West Hartford residence. The parcel, which was described as containing “machine spare parts,” contained one set of tablet press dies.

Pill presses are often used by individuals engaged in the manufacturing of distribution-quantities of pills or capsules. A pill die is used with a pill press to cut and mark tablets.

The investigation revealed that five parcels had been shipped previously from China to TEXIDOR’s residence. Four of the parcels were described as containing “machine spare parts,” and one parcel was described as containing a “hole puncher machine for sample.”

On March 30, 2017, DEA agents searched TEXIDOR’s residence and seized a tableting press, seven pill dies, 99 fake oxycodone pills, a bag containing approximately four grams of heroin, and a bag containing approximately 500 grams of a binding powder. A subsequent lab test revealed that the pills contained no oxycodone, but instead contained heroin.

TEXIDOR pleaded guilty to one count of importation of any product used to manufacture a controlled substance, an offense that carries a maximum term of imprisonment of four years. Judge Shea scheduled sentencing for November 28, 2017.

TEXIDOR was released on a $50,000 bond pending sentencing.

This matter is being investigated by the DEA’s New Haven Tactical Diversion Squad, Homeland Security Investigations and U.S. Customs and Border Protection, with the assistance of the West Hartford Police Department. The DEA Tactical Diversion Squad includes officers from the Bristol, Greenwich, Hamden, Milford, New Haven, Shelton, Vernon and Wilton Police Departments. The case is being prosecuted by Assistant U.S. Attorney Robert M. Spector.

DAVENPORT, IA – On August 30, 2017, Eugene Williams, Jr., 22, of Davenport, Iowa, was sentenced by United States District Court Judge Rebecca Goodgame Ebinger to 70 months in prison for felon in possession of a firearm, announced United States Attorney Kevin E. VanderSchel. Williams will serve three years of supervised release following his imprisonment. The firearm involved in the offense was forfeited.

In July and August of 2016, Davenport police officers received information that Williams, a felon, was in possession of guns and was selling drugs. On August 30, 2016, officers obtained a search warrant for his apartment and vehicle. Officers contacted Williams at the state probation office, searched the vehicle Williams was driving, and found a 9 mm Hi-Point gun along with a box of 9 mm ammunition, and small amounts of heroin and marijuana.

After his arrest, Williams threatened to shoot the officers after serving his time.

The Alcohol, Tobacco, Firearms and Explosives and Davenport Police Department conducted the investigation. This case was prosecuted by the United States Attorney’s Office for the Southern District of Iowa.

-END-

Learn more about this release by calling Rachel J. Scherle at 515-473-9300, or by emailing her at Rachel.Scherle@usdoj.gov.

A federal indictment was unsealed today charging Henry Gibbs and Bakary Camara with conspiracy, bribery and other charges, announced Acting United States Attorney Louis D. Lappen

According to allegations contained in the indictment, Gibbs, a former driver’s license examiner with the Pennsylvania Department of Transportation (“PennDOT”), accepted cash payments in exchange for the issuance of driver’s licenses to others, including foreign nationals, who failed to take the required tests and to provide acceptable proof of residency. Gibbs accepted falsified documents to establish proof of residence, including utility bills, cellular telephone bills and insurance documents as well as tax letters containing identifying information for other people. Camara provided Gibbs the names, dates of birth, driver’s license numbers and/or social security numbers for the driver’s license recipients and paid Gibbs cash to improperly issue both non-commercial and commercial driver’s licenses

Gibbs and Camara are charged with conspiracy to produce identification documents without lawful authority and bribery concerning agencies receiving federal funds. The charge of conspiracy carries a maximum sentence of 15 years in prison and a $250,000 fine; and the charges of bribery concerning agencies receiving federal funds carry a maximum sentence of 10 years in prison and a $250,000 fine.

Gibbs is also charged with false statements to government agents, which carries a maximum sentence of 5 years in prison and a $250,000 fine. Additionally, Camara is charged with aiding and abetting social security fraud and aggravated identity theft, which carry a maximum sentence of 5 years’ imprisonment and a $250,000 fine. He also faces a 2-year mandatory minimum term of imprisonment that must run consecutive to any other sentence for the aggravated identity theft charge.

An Indictment, Information or Criminal Complaint is an accusation. A defendant is presumed innocent unless and until proven guilty.

The case was investigated by the Department of Homeland Security and the Social Security Administration, Office of Inspector General. It is being prosecuted by Assistant United States Attorney Tomika N.S. Patterson of the U.S. Attorney’s Office for the Eastern District of Pennsylvania.

Anthony Allen, of Memphis, Tenn., pleaded guilty today in U.S. District Court, to assaulting a federal law enforcement officer and to federal firearms violations, announced Acting U.S. Attorney Jack Smith of the Middle District of Tennessee.

“This defendant is facing more than a decade in federal prison - a sentence that reflects the seriousness of his actions’” said Acting U.S. Attorney Jack Smith. The U.S. Attorney’s Office will continue to take a zero tolerance approach to violence directed at our law enforcement officers. Serious consequences await those who choose to make the unwise decision to assault a law enforcement officer.”

According to court documents, on July 31, 2015, agents with the FBI and officers with the Metropolitan Nashville Police Department executed a federal search warrant at a house on Lanewood Court in Nashville. This search warrant was obtained in furtherance of an investigation into drug trafficking and firearms violations.

When agents knocked on the front door and announced their presence, Allen opened the front door, pointed a semiautomatic pistol through the doorway and discharged the firearm in the direction of agents, before closing the door. Minutes later, Allen complied with commands of law enforcement officers, exited the house and was taken into custody.

On August 5, 2015, a federal grand jury returned a 4-count indictment, charging Allen with assault of a federal law enforcement officer; discharging a firearm during and in relation to a crime of violence; possession of a firearm by a previously convicted felon; and possession of ammunition by a previously convicted felon. Allen pleaded guilty today to all counts of the indictment.

Allen faces a mandatory minimum sentence of 10 years in prison, on the discharging a firearm charge, which must be consecutive to any sentence imposed on the other charges, when he is sentenced later this year.

This case was investigated by the FBI; the Bureau of Alcohol, Tobacco Firearms & Explosives; and the Metropolitan Nashville Police Department. Assistant U.S. Attorney Clay Lee is prosecuting the case.