Acting U.S. Attorney Duane A. Evans announced that HUGO TURCIO-CRUZ, age 35, a citizen of Honduras, was sentenced today after previously pleading guilty to a one-count Bill of Information charging him with illegal reentry of a removed alien.

U.S. District Judge Susie Morgan sentenced TURCIO-CRUZ to time served, a $100 special assessment, and no fine or supervised release. TURCIO-CRUZ was turned over to ICE to be deported.

According to court documents, TURCIO-CRUZ reentered the United States on or about May 4, 2017, after having been previously removed therefrom on or about October 27, 2006.

Acting U.S. Attorney Evans praised the work of the United States Department of Homeland Security, Immigration and Customs Enforcement in investigating this matter. Assistant United States Attorney Irene González was in charge of the prosecution.

NEWARK, N.J. – A Little Falls, New Jersey, man was sentenced today to 54 months in prison for robbing a TD Bank in Hawthorne, New Jersey, in February 2016, Acting U.S. Attorney William E. Fitzpatrick announced.

Robert Somers, 45, previously pleaded guilty before U.S. District Judge Susan D. Wigenton to an information charging him with one count of bank robbery. Judge Wigenton imposed the sentence today in Newark federal court.

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

On Feb.17, 2016, Somers robbed the TD Bank in Hawthorne by handing a teller a note that read: “this is a hold up,” and demanding cash. The teller handed Somers cash. Somers demanded more money, and a second teller handed him additional cash. Somers then fled the bank in a car driven by another individual.

In addition to the prison term, Judge Wigenton sentenced Somers 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 Hawthorne Police Department, under the direction of Chief Richard McAuliffe; the Pennsylvania State Police, under the direction of Col. Tyree C. Blocker; and the Passaic County Prosecutor’s Office, under the direction of Prosecutor Camelia M. Valdes, with the investigation.

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

CHICAGO — An Arkansas man was charged today with federal firearms violations for illegally selling numerous handguns, rifles and a shotgun in Chicago and nearby suburbs.

KLINT KELLEY brought the firearms from Arkansas to Chicago and illegally sold them to a convicted felon, according to a criminal complaint and affidavit filed today in federal court in Chicago. Kelley sold the guns to the felon on three occasions this year, including over the Fourth of July and Labor Day weekends, the complaint states. The most recent sale occurred Sunday in Chicago Ridge, after which authorities arrested Kelley.

Kelley, 27, of Malvern, Ark., is charged with three counts of dealing firearms without a license and across state lines, and one count of selling firearms to a known felon. An initial court appearance is scheduled for today at 1:30 p.m., before U.S. Magistrate Judge M. David Weisman in Chicago.

The charges were announced by Joel R. Levin, Acting United States Attorney for the Northern District of Illinois; and Celinez Nunez, Special Agent-in-Charge of the Chicago Field Division of the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives. The Chicago Police Department and Illinois State Police participated in the investigation.

The complaint describes the three occasions when Kelley allegedly sold firearms to the felon. On April 3, 2017, in a residence in southwest suburban Frankfort, Kelley sold the felon five handguns and three semi-automatic rifles in exchange for $4,750 in cash, the complaint states. On July 3, 2017, near the United Center on Chicago’s West Side, Kelley sold the felon four handguns and one semi-automatic rifle in exchange for $3,000 in cash, the complaint states. On Sept. 3, 2017, in a commercial area of southwest suburban Chicago Ridge, Kelley sold the felon four semi-automatic rifles, three handguns and one semi-automatic shotgun in exchange for $7,000 in cash, the complaint states.

Kelley grew up in Illinois and moved to Arkansas several years ago, the complaint states.

The public is reminded that a complaint is not evidence of guilt. The defendant is presumed innocent and entitled to a fair trial at which the government has the burden of proving guilt beyond a reasonable doubt.

The charge of dealing firearms without a license and across state lines is punishable by a maximum sentence of five years in prison, and the charge of selling firearms to a known felon is punishable by a maximum sentence of ten years in prison. If convicted, the Court must impose a reasonable sentence under federal statutes and the advisory U.S. Sentencing Guidelines.

The government is represented by Assistant U.S. Attorney Tobara Richardson.

A North Lawrence man was sentenced to more than three years in prison for dumping wastewater into tributaries of the Tuscarawas River.

Adam D. Boylen, 46, previously pleaded guilty to four counts of violating the Clean Water Act by making unpermitted discharges. U.S. District Judge Sara Lioi sentenced him to 42 months in prison and ordered him to pay $85,338 in restitution.

“This defendant intentionally dumped waste into a tributary of the Tuscarawas River, killing fish and other aquatic life,” said U.S. Attorney Justin E. Herdman. “We will always protect our waterways and environment.”

“Protecting our water is critical, both for the health and safety of our citizens and our wildlife,” Ohio Attorney General Mike DeWine said. “We will continue to assist in this case and others like it to protect Ohio.”

“The defendant's deliberate and illegal dumping of wastewater killed thousands of fish and wildlife and harmed the quality of local waterways,” said Scot Adair, Acting Special Agent in Charge of EPA’s criminal enforcement program in Ohio. “Today's sentence reinforces EPA's commitment to work with its law enforcement partners to pursue egregious environmental crimes and the individuals who commit them.”

“Today’s sentencing concludes a successful investigation and prosecution of the multiple discharges into waters of the state, which violated the federal Clean Water Act,” said Ohio EPA Director Craig W. Butler. “We will continue to work with our partners at the local, state and federal agencies to make sure that public health and the environment is protected and responsible parties are held accountable.”

Boylen was a driver employed by an Ohio-based trucking company. Boylen’s job was to load wastewater generated from corporate facilities into a tanker truck and to drive the wastewater to a designated facility located in Pennsylvania for proper disposal. The wastewater contained surfactants capable of killing vegetation and fish, according to court documents.

Instead of delivering the wastewater to Pennsylvania, Boylen drove the tanker truck to remote locations in Tuscarawas County and central-eastern Ohio and emptied the wastewater containing surfactants into waters of the United States, according to court documents.

Boylen is charged with dumping the wastewater into two different tributaries of the Tuscarawas River, a wetland adjacent to the Tuscarawas River, and the Beach City Reservoir, on numerous occasions between April 18 and May 4, 2016.

White foam flowed down tributaries and streams as a result of Boylen’s actions. In one instance, the foam traveled four miles downstream from the location where the tanker truck was emptied. Vegetation was killed at all the locations. Approximately 709 fish were killed in one of the tributaries, and collectively, approximately 3,231 minnows, crayfish, frogs, and tadpoles were killed, according to court documents.

The case is being prosecuted by Assistant U.S. Attorney Brad J. Beeson. The case was investigated by the United States and Ohio Environmental Protection Agencies, the Ohio Attorney General’s Bureau of Criminal Investigation, the Stark County Sheriff’s Offices, the Tuscarawas County Sheriff’s Offices, the Ohio Department of Natural Resources, and the Ohio Department of Rehabilitation and Correction.

KNOXVILLE, Tenn. – Affiliated home health entities Home Health Care of East Tennessee, Inc.; Home Health Care of West Tennessee, Inc.; Home Health Care Services, Inc.; Home Health Care Services II, Inc.; Health Care Staffing of Tennessee, Inc.; and Home Health Care Support Services, Inc. (collectively “Home Health”) have agreed to pay the United States $1,800,000, to settle False Claims Act liability. Each of the Home Health entities is based in Chattanooga, Tennessee.

The United States contends that Home Health billed Medicare for home health services and, in some cases, hospice services that were not properly payable due to compensation or other financial arrangements with certain referring physicians which either violated or failed to meet the requirements of the Ethics in Patient Referrals Act (also known as the “Stark law”). The United States also contends that certain other billed services were not properly payable because they failed to meet Medicare coverage and payment requirements due to false or invalid certifications. The conduct giving rise to the allegations occurred over a period of time ranging from as early as 2002 to 2013.

Medicare home health providers and hospice providers are required to obtain written physician certifications of eligibility for each home health or hospice beneficiary upon the start of care and periodically throughout the beneficiary’s period of care. Medicare requires these certifications prior to billing in order to help ensure that home health or hospice care is medically necessary. Moreover, home health and hospice providers are required to comply with the Ethics in Patient Referrals Act, which requires that compensation and other financial arrangements with referring physicians meet requirements designed to ensure that physicians make patient referral decisions based on the patients’ best interests, without undue influence from payments or financial benefits received from healthcare providers competing for the physicians’ referrals. The law also serves to protect the integrity of government-funded healthcare programs.

In November 2010, Home Health initiated a voluntary disclosure to the U.S. Attorney’s Office, disclosing that it had uncovered potential violations of the Stark law during the course of an ongoing internal audit. Home Health supplemented its voluntary disclosure from time to time as its internal investigation continued, reporting additional violations. The settlement announced today resulted from the companies’ voluntary disclosures.

“This is an excellent example of how a health care provider can self-report Medicare compliance concerns and avoid costly litigation,” said Nancy Stallard Harr, U.S. Attorney for the Eastern District of Tennessee. “We encourage voluntary disclosures and welcome the opportunity to work with providers to resolve issues such as this and protect the Medicare Trust Fund.”

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Terrence Akins, 25, St. Louis, was indicted by a federal grand jury for felon in possession of a firearm.

Israel Campos, 21, St. Louis, was indicted by a federal grand jury for interfering with commerce by threat of force or violence and possession of a firearm in furtherance of a crime of violence.

Deandre Jackson, 25, St. Louis, was indicted by a federal grand jury for carjacking; discharging a firearm in furtherance of a crime of violence; brandishing a firearm in furtherance of a crime of violence; and felon in possession of a firearm.

Alonzo Morris, 24, St. Louis, was indicted by a federal grand jury for felon in possession of a firearm.

Virgil Pruitt, 41, St. Louis, was indicted by a federal grand jury for felon in possession of a firearm.

Warren Turner, 26, St. Louis, was indicted by a federal grand jury for felon in possession of a firearm.

Marvin Woolfolk, 33, St. Louis, was indicted by a federal grand jury for felon in possession of a firearm; possession with intent to distribute cocaine base (crack), cocaine and fentanyl; and possession of a firearm in furtherance of a drug trafficking crime.

Lamont Brison, 26, St. Louis, was indicted by a federal grand jury for felon in possession of a firearm.

Frank Hart, 43, Jennings, was indicted by a federal grand jury for felon in possession of a firearm.

Andrew Henderson, 29, St. Louis, was indicted by a federal grand jury for felon in possession of a firearm.

Michael Payne, 33, St. Louis, was indicted by a federal grand jury for felon in possession of a firearm.

Kalin Malik Anderson, 20, Hannibal, MO, pled guilty to one felony count of felon in possession of a firearm.

Terrence Bevly, 32, St. Louis, pled guilty to one felony count of felon in possession of a firearm.

Kelvin Miller, 37, St. Louis, pled guilty to one felony count of felon in possession of a firearm.

Jevon Harris, 23, St. Louis, pled guilty to one felony count of felon in possession of a firearm.

Rico Jones, 42, St. Louis, pled guilty to one felony count of felon in possession of a firearm.

Deshawn Denton, 27, Joilet, IL, was sentenced to 240 months in prison for brandishing a firearm in furtherance of a crime of violence and kidnapping.

Brandon Knighten, 26, St. Louis, was sentenced to 21 months in prison for felon in possession of a firearm.

BOSTON – The U.S. Attorney’s Office and the Massachusetts Attorney General’s Office announced today that Dental Dreams, LLC, a national dental chain with locations in Massachusetts, has agreed to pay $1.375 million to resolve allegations that it improperly billed the Massachusetts Medicaid program (MassHealth) for unnecessary and unjustifiable dental procedures.

“Dental Dreams enriched itself at taxpayer expense by improperly billing Medicaid,” said Acting U.S. Attorney William D. Weinreb. “We will continue to work with our law enforcement partners to ensure that federal and state health care dollars are spent properly.”

“This dental chain’s extensive improper billing violated state regulations and cost our state’s Medicaid program more than a million dollars,” said Massachusetts Attorney General Maura Healey. “As a result of this joint investigation, today’s settlement provides restitution to MassHealth and ensures that these funds are properly used to benefit its members.”

“Medicaid is designed to provide health care services to some of the most vulnerable members of our society and it’s our agency’s mission to ensure government health funds are spent properly,” said Special Agent in Charge Phillip M. Coyne of the U.S. Department of Health and Human Services Office of Inspector General. “Working with our Federal and State partners, we will continue to hold accountable any medical professional who, just to enrich themselves, bills Medicaid for more intensive and expensive services than those actually provided.”

“The company took advantage of a vulnerable patient population when it submitted claims to MassHealth for medically unnecessary and unreasonable dental procedures,” said Harold H. Shaw, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division. “Today’s settlement underscores the FBI’s commitment to investigate health care providers who overbill federal and private health insurance programs to maximize profits. We urge anyone with information regarding overbilling practices to contact us.”

The settlement resolves allegations that Dental Dreams overbilled the Massachusetts Medicaid program for surgical extractions of teeth and for a specific kind of oral examination.

The settlement resolves a lawsuit filed by a former employee under the whistleblower provisions of the False Claims Act, which permits private parties to sue on behalf of the government for false claims for government funds and to receive a share of any recovery.

Acting U.S. Attorney Weinreb, Massachusetts Attorney General Healey, HHS-OIG SAC Coyne and FBI SAC Shaw made the announcement today. The case was handled by Assistant U.S. Attorneys Michelle Leung, Sonya Rao, and Kriss Basil of Weinreb’s Civil Division and Assistant Attorney General Stephany Collamore of Healey’s Medicaid Fraud Division.

FORT WORTH— Marquis Konrad Streaty, 32, of Arlington, Texas, was sentenced today before U.S. District Judge Reed C. O’Connor to 180 months in federal prison for the attempted enticement of an individual Streaty believed to be a 13-year-old female, announced U.S. Attorney John Parker of the Northern District of Texas.

Streaty was convicted in May 2017, following a three-day jury trial, on one count of enticement of a child. He has been into custody since the trial verdict.

“Anyone who attempts to entice a child to engage in sexual activity commits a serious crime and will face serious consequences,” said U.S. Attorney Parker. “That’s the law and this office will enforce it.”

The government presented evidence at trial that on March 2, 2017, through March 9, 2017, Streaty attempted to persuade, induce, and entice a person who had not attained the age of eighteen years, to engage in sexual activity.

On March 2, 2017, Streaty posted an advertisement to an Internet message board website in a section that is commonly used to solicit sexual activity. Part of the advertisement stated, “Just a VERY, VERY discreet early 30’s attractive black male here just looking for a family with a kinky side.” A law enforcement special agent working in an undercover capacity replied to the message asking if Streaty “had any hangups with age.” The agent also stated “Ive got a stepdaughter who likes to play and might be up for a new friend.” Streaty replied “No I don't have any hung ups on age” and “I am interested.” The agent proceeds to tell Streaty “And she is 13, so I get it if that’s too young for you.” Streaty replied, “I am interested in meeting her and you.”

The undercover agent and Streaty continued to email and eventually begin to communicate via text messages. In these communications they discussed meeting during the purported minor’s spring break from school, what kind of sexually explicit acts would take place and the purported minor’s sexual preferences. In a later communication Streaty and the purported stepfather agreed to meet at a hotel located along Interstate 30 in Fort Worth, Texas. Streaty also agreed to split the cost of the hotel room with the stepfather.

On March 9, 2017 Streaty traveled from his residence in Arlington, Texas, to the hotel in Fort Worth, Texas. Upon Streaty’s arrival at the hotel, Streaty was intercepted by law enforcement and placed under arrest.

U.S. Immigrations and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI), with assistance from the Tarrant County Criminal District’s Office, Digital Forensic and Technical Services Division, investigated the case. Assistant U.S. Attorneys Nancy Larson and Megan Fahey prosecuted.

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PROVIDENCE – The United States Attorney’s Office today announced that the Federal Interagency Reentry Council and the Office of Personnel Management has created three free online virtual training presentations that will offer step-by-step instruction for identifying and applying for Federal employment opportunities via www.USJOBS.GOV. The training, open to anyone interested in seeking Federal employment, may be of particular interest to individuals reentering to the community from prison. 

Employment opportunities, housing and medical services are among the most important resources necessary to help ensure that an individual is a productive member of their community. For the past several years, the United States Attorney’s Office, working collaboratively with the federal and state judiciaries, government agencies and community-based organizations, have identified and promoted key resources and services available to individuals returning to the community, after having completed their term of incarceration.

Beginning on Wednesday, September 6, 2017, free online virtual training programs to help identify Federal job opportunities, preparing resumes and job interviewing skills will be available, accessible via any computer.

“Employment, housing and medical care help form the basic foundation for a person becoming a productive member of their community. These free online training programs offer a terrific opportunity for individuals returning to their community from prison to start to build that foundation. Individuals who return from prison and become productive members of their community are a key component to reducing recidivism and making our communities safer,” said Acting United States Attorney Stephen G. Dambruch.

On Thursday, September 7 and on Wednesday, September 27, a 90-minute training session will be provided on searching for Federal jobs on www.USJOBS.GOV, creating your account and profile, managing your account, reviewing Job Opportunity Announcements (JOA), submitting your applications, and following up on your application status.

To register for either class, click one of the links below:

Thursday, September 7, 2017 @ 10:00am –11:30am https://www.eventbrite.com/e/navigating-usajobs-find-apply-sept-7th-tickets-31278538952

Wednesday, September 27, 2017 @ 10:00am –11:30am https://www.eventbrite.com/e/navigating-usajobs-find-apply-sept-27th-tickets-37011121260

On Wednesday, September 13 and again on September 25, training will be provided on a three-part process to assist applicants in writing their Federal resume. Participants will be shown a real JOA and walked through reviewing the JOA to determine qualifications and interest, identifying the important requirements and then tailoring their resumes with that JOA. Lastly, it will provide a quick overview of the resume builder on USAJOBS.GOV.

To register for either class, click one of the links below:

Wednesday, September 13, 2017 @ 10:00am –11:30pm https://writingyourfederalresumesept13morning.eventbrite.com

Monday, September 25, 2017 @ 3:00pm –4:30pm https://writingyourfederalresumesept25.eventbrite.com

On Wednesday, September 6 and on Monday, September 11, 2017, participants will receive training on the interview process. The training explains the types of interviews (structured/unstructured), different delivery methods, types of common questions, responding utilizing the S.T.A.R (Situation/Task, Action, Result) method and how to also prepare for an interview.

To register for either class, click one of the links below:

Wednesday, September 6, 2017 @ 3:00pm – 4:00pm

https://www.eventbrite.com/e/interview-techniques-tickets-31677107080

Monday, September 11, 2017 @ 3:00pm – 4:00pm https://www.eventbrite.com/e/interview-techniques-tickets-36998314956

BOSTON – The co-owner of a trash company was sentenced today in federal court in Boston in connection with defrauding the operator of the Fall River Landfill out of approximately $463,000 in disposal fees.

Stephen P. Aguiar Jr, 47, of Westport, was sentenced by U.S. District Court Judge F. Dennis Saylor IV to one year and one day in prison, two years of supervised release and ordered to pay restitution in the amount of $463,407. In April 2017, Aguiar pleaded guilty to three counts of mail fraud.

Aguiar was one of the owners and operators of Cleanway Disposal & Recycling, Inc., a trash removal and recycling company, and JS Aguiar Enterprises, Inc., a construction and equipment rental company, which were both located in Westport. Aguiar contracted with the company operating the Fall River Landfill to dispose of trash collected from his private clients in Fall River for one rate, and to dispose of trash collected from his private clients outside of Fall River for a higher rate. Aguiar also contracted with the City of Fall River to collect trash from the Fall River Housing Authority (FRHA) and dispose of the trash at the landfill. The company operating the landfill allowed the City of Fall River to dispose of trash collected from FRHA properties at no charge. Between 2009 and 2014, Aguiar misrepresented the origin of a significant portion of the trash he disposed at the landfill. In some instances, Aguiar claimed he was disposing trash from the FRHA, when in fact he was disposing trash collected from his private clients. In other instances, Aguiar claimed he was disposing trash collected from private clients inside of Fall River, when in fact he was disposing trash collected from private clients outside of Fall River. Aguiar thereby defrauded the operator of the Fall River Landfill of approximately $463,000 in revenue.

Acting United States Attorney William D. Weinreb; Harold H. Shaw, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division; Massachusetts Inspector General Glenn A. Cunha; and Christina Scaringi, Special Agent in Charge of the U.S. Department of Housing and Urban Development, Office of the Inspector General, Northeast Regional Office made the announcement today. Assistant U.S. Attorney Kristina E. Barclay of Weinreb’s Public Corruption Unit prosecuted the case.

WHEELING, WEST VIRGINIA – Dennis Lee Artis, of Youngstown, Ohio admitted today to distributing cocaine, Acting United States Attorney Betsy Steinfeld Jividen announced.

Artis, age 52, pled guilty to one count of “Distribution of Cocaine Base within 1,000 Feet of a Protected Location.” Artis admitted to selling cocaine near Allison Elementary School in Hancock County on April 5, 2017.

Assistant U.S. Attorney Stephen L. Vogrin prosecuted the case on behalf of the government. The Hancock/Brooke/Weirton Drug & Violent Crime Task Force, a HIDTA-funded initiative, investigated. 
 
Senior U.S. District Judge Frederick P. Stamp, Jr. presided.
 

RENO, Nev.– A Gardnerville, Nevada man pleaded guilty today to child sexual exploitation, announced Acting U.S. Attorney Steven W. Myhre for the District of Nevada.

Stephan L. DeGraffenreid, 26, pleaded guilty to one count of sexual exploitation of a minor and two counts of attempted sexual exploitation of a minor. United States District Judge Howard D. McKibben accepted the guilty plea and scheduled sentencing for Nov. 29, 2017. DeGraffenreid faces a mandatory minimum penalty of 15 years in prison for each charge.

According to the criminal complaint and plea agreement, law enforcement discovered child pornography on an Apple iPod Touch that was found at the Children’s Ski School at Heavenly Ski Resort. During the investigation, it was discovered the iPod belonged to DeGraffenreid who was formerly an employee at the ski school. On Jan. 26, 2017, during the execution of a search warrant at DeGraffenreid’s residence, officers with the Northern Nevada Online Child Exploitation Task Force located a thumb drive that contained explicit images of children in a childcare facility restroom in Gardnerville. DeGraffenreid admitted to taking the sexually explicit photos of the children found on the thumb drive.

The case is being investigated by the Northern Nevada Child Exploitation Task Force, which is comprised of members of the FBI, the Reno Police Department, the Washoe County Sheriff’s Office, and the Nevada Attorney General’s Office. The Douglas County Sheriff’s Office and the El Dorado County Sheriff’s Office also assisted with the investigation. The case is being prosecuted by Assistant U.S. Attorney Shannon M. Bryant.

To report child sexual exploitation, contact the FBI’s Las Vegas Office at (702) 385-1281 or the National Center for Missing and Exploited Children at 1-800-THE-LOST (1-800-843-5678).

This case was 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 and for information about internet safety education, visit www.usdoj.gov/psc.

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Joon H. Kim, the Acting United States Attorney for the Southern District of New York, announced that DAVID KEITH, a/k/a “David Wright,” a/k/a “David Lee Keith,” a/k/a “David Lee,” a/k/a “Lee David,” was sentenced today in Manhattan federal court to 168 years in prison on five counts stemming from his sexual exploitation of minors, related child pornography offenses, and making false statements to a federal agent concerning his abuse of children. KEITH, 39, of the Bronx, New York, pled guilty on November 29, 2016, before United States District Judge Alison J. Nathan, who also imposed today’s sentence.

Acting Manhattan U.S. Attorney Joon H. Kim said: “For his predatory crimes that included luring a girl as young as 9 years old into his van to make sexually explicit videos and even threatening to harm another if she reported his sexual assault, David Keith has received a lengthy prison sentence. Protecting children from sexual exploitation is, and will remain, one of the most important missions of this Office.”

According to the allegations contained in the Complaint, the Indictment filed against KEITH, and statements made in court filings and proceedings in open court:

On at least one occasion in 2013, KEITH produced child pornography during his sexual abuse of a child. Specifically, on October 13, 2013, KEITH approached three girls on the street in Queens, each of whom was approximately 12 years old, falsely presented himself as part of the entertainment industry, and encouraged the girls to model for him. KEITH induced one of the girls to enter his vehicle, where he video-recorded, among other things, himself engaging in coercive sexual conduct with her. KEITH threatened to harm the victim if she reported the assault, and told her that he had been watching her.

Just one day earlier, on or about October 12, 2013, KEITH video-recorded another young girl, approximately 8 or 9 years old, in his vehicle as he caused her to remove some of her clothing so that he could record her exposed genitals.

In addition, for a period of at least two years, KEITH downloaded and possessed thousands of images and videos depicting child pornography.

During the investigation, KEITH made statements to federal agents claiming that he had been elsewhere on October 12 and 13, 2013, and was not the individual who abused the children. Those statements were proven false.

* * *

Mr. Kim praised the extraordinary investigative work of the Federal Bureau of Investigation, and thanked the New York City Police Department Special Victims Unit and the Town of Poughkeepsie Police Department for invaluable assistance in the investigation.

This case is being handled by the Office’s General Crimes Unit. Assistant United States Attorneys Matthew Podolsky and Stephen Ritchin are in charge of the prosecution.

McALLEN, Texas – Several men who resided in the Mission area have been ordered to prison for their involvement in an illegal alien hostage taking scheme, announced Acting U.S. Attorney Abe Martinez.

Luis Aguilar Jr., 19; brothers Alhan Sanchez, 20, and Aaron Sanchez, 21, and Ricardo Renteria, 26, all of Mission; and Renteria’s nephew Ricardo Renteria-Rivera, 23, a Mexican citizen illegally present in the United States, all pleaded guilty to a conspiracy to commit hostage taking.

In handing down the sentences, U.S. District Judge Micaela Alvarez said that a strong message needs to be sent and ordered Aguilar to serve 350 months in federal prison. Brothers Alhan and Aaron Sanchez were sentenced to 324 and 195 months, respectively. Renteria-Rivera was ordered to serve a 290-month-sentence, while his uncle will serve a sentence of 300 months imprisonment.

Aguilar Jr.’s father, Luis Aguilar, 64, and Jose Luis Rodriguez-Melchor, 30, both pleaded guilty to being an illegal alien unlawfully present in the United States after deportation and to harboring an illegal alien and were sentenced to 97 and 105 months, respectively. They and Renteria-Rivera are expected to face deportation proceedings following their release from prison, while the remaining defendants were further ordered to serve three years of supervised release following their release from prison.

The investigation revealed that a group of illegal aliens had been held at a stash house awaiting further transportation north. On the night of May 2, 2016, a home invasion crew that included an armed Aguilar Jr. came into the stash house and demanded the aliens leave with them. The caretaker of the stash house was on the ground with a gun to his head. The aliens were then taken to another location where their cell phones and most of their belongings were taken from them.

Some of the undocumented aliens were taken to Aguilar Jr.’s residence which he shared with his father. While there, Aguilar Jr. told them that their initial smuggling arrangements were no good anymore and they had to make new arrangements with him. Aguilar Jr. held them at gunpoint and demanded the aliens give him the names and phone numbers of family members whom he then called to demand $2,000 for their release.

After receiving the money, Aguilar Jr. turned the aliens over to Rodriguez-Melchor to arrange smuggling the aliens further north. Instead, however, Rodriguez-Melchor sold the aliens to Renteria-Rivera for $200 each. Again, family members were called and told they must send additional monies to secure their release. The Renterias carried weapons and threatened to shoot the aliens if anyone tried to escape. Renteria helped pick up the money and then took the aliens to a parking lot in McAllen where they were supposed to sneak into the air dams of tractor-trailers.

Instead of doing so, three of the aliens turned themselves in to Border Patrol. On May 18, 2016, authorities executed three search warrants. At that time, they seized firearms from the Aguilar, Sanchez and Renteria residences. All of the defendants were eventually located and arrested.

All have been in federal custody since their arrests and will remain in custody pending their transfer to the Bureau of Prisons facility to be determined in the near future.

Immigration and Customs Enforcement’s Homeland Security Investigations and Border Patrol conducted the investigation. Assistant U.S. Attorney Joseph Leonard is prosecuting the case.

TOPEKA, KAN. – A Topeka man pleaded guilty Tuesday to driving the getaway car during an armed robbery, U.S. Attorney Tom Beall said.

Jermaine Tyrell Patton, 29, Topeka, Kan., pleaded guilty to one count of aiding and abetting a commercial robbery and one count of aiding and abetting an armed robbery.

In his plea, Patton admitted taking part in a Nov. 5, 2016, robbery at Oakmark Convenience Store at 2518 N.E. Seward Avenue in Topeka. Patton’s accomplice, who was carrying a firearm, entered the store and demanded money. Patton was behind the wheel of a blue PT Cruiser when he and the robber fled the scene. When police stopped the car, both men fled on foot. Patton was quickly arrested.

The other man, Christopher Curtis Harris of Topeka, was arrested and charged in Shawnee County District Court with shooting Topeka Police Detective Brian Hill when Hill tried to arrest him.

Patton is set for sentencing Nov. 27. Both parties have agreed to recommend a sentence of not less than five years and not more than 15 years. Beall commended the Topeka Police Department, the FBI and Assistant U.S. Attorney Jared Maag for their work on the case.

URBANA, Ill. – Roy Collins, former executive director of the Kankakee Valley Park District, entered pleas of guilty this afternoon to defrauding the park district and a related not-for-profit organization for his personal benefit. Collins appeared before U.S. District Judge Colin S. Bruce, who scheduled sentencing on Jan. 19, 2018. Collins was allowed to remain on bond.

Collins, 47, of Kankakee, Ill., was employed as the Executive Director of the Kankakee Valley Park District from 2011 to 2016. Collins also served as treasurer for a related not-for-profit organization known as the Kankakee Valley Park Foundation.

Collins pled guilty to using park district equipment, labor, and funds, and other park district and foundation resources to build and maintain a pond on his personal property. Collins admitted that he issued a park foundation check in the amount of $3,008., to purchase a tarp or pond liner, and that he kept and used a mower that belonged to the park district at his personal property.

Collins also admitted that he converted park district and park foundation funds intended for annual “BBQ Fest” events to his personal use. The scheme included his demand and receipt of approximately $6,000 from an individual hired in connection with the 2014 and 2015 BBQ Fests. In addition, Collins admitted that he used the park district’s credit card to make unauthorized personal purchases.

The charges are the result of investigation by the Illinois State Police, the Federal Bureau of Investigation, and the Federal Deposit Insurance Corporation Office of Inspector General. The case is being prosecuted by Assistant U.S. Attorney Katherine V. Boyle.

Each count of wire and mail fraud (one count each) carries a maximum statutory penalty of 20 years in prison and fines of up to $250,000. The maximum statutory penalty for each offense is prescribed by Congress and is provided for informational purposes, as sentencing is determined by the court based on the advisory Sentencing Guidelines and other statutory factors.

            WASHINGTON – Pharmaceutical Manufacturer Novo Nordisk Inc. will pay $58.65 million to resolve allegations that the company failed to comply with the FDA-mandated Risk Evaluation and Mitigation Strategy (REMS) for its Type II diabetes medication Victoza, the Justice Department announced today. The resolution includes disgorgement of $12.15 million for alleged violations of the Federal Food, Drug, and Cosmetic Act (FDCA) from 2010 to 2012 and a payment of $46.5 million for alleged violations of the False Claims Act (FCA) from 2010 to 2014. Novo Nordisk is a subsidiary of Novo Nordisk U.S. Holdings Inc., which is a subsidiary of Novo Nordisk A/S of Denmark. Novo Nordisk’s U.S. headquarters is in Plainsboro, New Jersey.

            “Today’s resolution demonstrates the Department of Justice’s continued commitment to ensuring that drug manufacturers comply with the law,” said Acting Assistant Attorney General Chad A. Readler of the Justice Department’s Civil Division. “When a drug manufacturer fails to share accurate risk information with doctors and patients, it deprives physicians of information vital to medical decision-making.”

            “Novo Nordisk’s actions unnecessarily put vulnerable patients at risk,” said U.S. Attorney Channing D. Phillips for the District of Columbia. “We are committed to holding companies accountable for violating the integrity of the FDA’s efforts to ensure that doctors and patients have accurate information that allows them to make appropriate decisions about which drugs to use in their care. Working with the FDA and other law enforcement partners, we have sent a strong signal to the drug industry today.”

            In a civil complaint filed today in the U.S. District Court for the District of Columbia asserting claims under the FDCA, the government alleged that, at the time of Victoza’s approval in 2010, the Food and Drug Administration (FDA) required a REMS to mitigate the potential risk in humans of a rare form of cancer called Medullary Thyroid Carcinoma (MTC) associated with the drug. The REMS required Novo Nordisk to provide information regarding Victoza’s potential risk of MTC to physicians. A manufacturer that fails to comply with the requirements of the REMS, including requirements to communicate accurate risk information, renders the drug misbranded under the law.

            As alleged in the complaint, some Novo Nordisk sales representatives gave information to physicians that created the false or misleading impression that the Victoza REMS-required message was erroneous, irrelevant, or unimportant. The complaint further alleges that Novo Nordisk failed to comply with the REMS by creating the false or misleading impression about the Victoza REMS-required risk message that violated provisions of the FDCA and led some physicians to be unaware of the potential risks when prescribing Victoza.

            As alleged in the government’s complaint, after a survey in 2011 showed that half of primary care doctors polled were unaware of the potential risk of MTC associated with the drug, the FDA required a modification to the REMS to increase awareness of the potential risk. Rather than appropriately implementing the modification, the complaint alleges that Novo Nordisk instructed its sales force to provide statements to doctors that obscured the risk information and failed to comply with the REMS modification. Novo Nordisk has agreed to disgorge $12.15 million in profits derived from its unlawful conduct in violation of the FDCA.

            “Novo Nordisk Inc. sales representatives misled physicians by failing to accurately disclose a potential life threatening side effect of a prescription drug, and needlessly increased risks to patients being treated with this drug,” said Assistant Director in Charge Andrew W. Vale of the FBI’s Washington Field Office. “The FBI is committed to ensuring that the private industry provides honest and accurate risk information to the public and will continue to work closely with our law enforcement partners to investigate companies who do not comply with FDA-mandated policies.”

            “We need to trust that pharmaceutical companies truthfully represent their products’ potential risks,” said Special Agent in Charge Nick DiGiulio for the U.S. Department of Health and Human Services Office of the Inspector General (HHS-OIG). “We will continue to work with our partners to ensure federal health care dollars are spent only on drugs that are marketed honestly.”

            Novo Nordisk will pay an additional $46.5 million to the federal government and the states to resolve claims under the FCA and state false claims acts. This portion of the settlement resolves allegations that Novo Nordisk caused the submission of false claims from 2010 to 2014 to federal health care programs for Victoza by arming its sales force with messages that could create a false or misleading impression with physicians that the Victoza REMS-required message about the potential risk of MTC associated with Victoza was erroneous, irrelevant, or unimportant and by encouraging the sale to and use of Victoza by adult patients who did not have Type II diabetes. The Food and Drug Administration (FDA) has not approved Victoza as safe and effective for use by adult patients who do not have Type II diabetes.

            As a result of today’s FCA settlement, the federal government will receive $43,129,026 and state Medicaid programs will receive $3,320,963. The Medicaid program is funded jointly by the state and federal governments.

            The FCA settlement resolves seven lawsuits filed under the whistleblower provision of the federal FCA, which permits private parties to file suit on behalf of the United States for false claims and share in a portion of the government’s recovery. The civil lawsuits are captioned as follows: United States, et al. ex rel. Kennedy, v. Novo A/S, et al., No. 13-cv-01529 (D.D.C.), United States, et al. ex rel. Dastous, et al. v. Novo Nordisk, No. 11-cv-01662 (D.D.C), United States, et al., ex rel. Ferrara and Kelling v Novo Nordisk, Inc., et al., No. 1:11-cv-00074 (D.D.C.), United States, et al., ex rel. Myers v. Novo Nordisk, Inc., No. 11-cv-1596 (D.D.C.), United States, et al. ex rel Stepe v. Novo Nordisk, Inc., No. 13-cv-221 (D.D.C.), United States et al. ex rel Doe, et al. v. Novo Nordisk, Inc., et al., No. 1:17-00791 (D.D.C.), and United States ex rel. Smith, et al. v. Novo Nordisk, Inc., Civ. Action No. 16-1605 (D.D.C.). The amount to be recovered by the private parties has not been determined.

            The settlements were the result of a coordinated effort among the U.S. Attorney’s Office for the District of Columbia and the Civil Division’s Consumer Protection Branch and Commercial Litigation Branch, with assistance from the FDA’s Office of Chief Counsel. The investigation was conducted by the FDA’s Office of Criminal Investigations, the FBI, HHS-OIG, the Defense Criminal Investigative Service and the Office of Personnel Management, Office of the Inspector General.

            For more information about the Consumer Protection Branch and its enforcement efforts, visit its website at http://www.justice.gov/civil/consumer-protection-branch. For more information on the Commercial Litigation Branch’s Fraud Section, visit https://www.justice.gov/civil/fraud-section. For more information about the U.S. Attorney’s Office for the District of Columbia, visit https://www.justice.gov/usao-dc.

Deirdre M. Daly, United States Attorney for the District of Connecticut, announced that PAUL MOTT, 29, of Groton, was sentenced today by U.S. District Judge Jeffrey Alker Meyer in New Haven to 60 months of imprisonment, followed by four years of supervised release, for trafficking cocaine.

According to court documents and statements made in court, an investigation by the FBI Northern Connecticut Safe Streets Task Force, Norwich Police Department, Waterford Police Department and Groton Town Police revealed that in the summer of 2016, MOTT conspired with others to obtain and distribute cocaine. MOTT regularly took orders for cocaine from his co-conspirators and then drove to his supplier in the Bronx, New York, to obtain the drug. When he returned to Connecticut, MOTT provided the cocaine to his co-conspirators for further distribution. Some of MOTT’s narcotics trafficking activity occurred his restaurant, Caribbean American Kitchen to Go, located on Truman Street in New London.

MOTT was arrested on August 8, 2016, after he was found in possession of approximately 319 grams of cocaine that he obtained in New York and transported to southeastern Connecticut to redistribute. On that date, a search of a hotel room in Groton, where MOTT was residing, revealed an additional quantity of cocaine, as well as items used to process and package the drug.

As part of his sentence, MOTT was ordered to forfeit a 2013 Toyota 4Runner and approximately $3,494 that was seized from him at the time of his arrest.

MOTT has been detained since his arrest. On May 11, 2017, he pleaded guilty to one count of conspiracy to possesses with intent to distribute 500 grams or more of cocaine.

This case is being prosecuted by Assistant U.S. Attorney Patricia Stolfi Collins.

Joon H. Kim, the Acting United States Attorney for the Southern District of New York, announced today that FABIO PORFIRIO LOBO was sentenced to 288 months in prison for conspiring to import cocaine into the United States.  LOBO pled guilty on May 16, 2016, before U.S. District Judge Lorna G. Schofield, who imposed today’s sentence.  LOBO’s father, Porfirio Lobo, served as president of Honduras between 2010 and 2014.

Acting Manhattan U.S. Attorney Joon H. Kim said:  “By his own admission, Fabio Lobo conspired to import huge quantities of cocaine into the U.S.  To assist traffickers and enrich himself, Lobo used his father’s position and his own connections to bring drug traffickers together with corrupt police and government officials.  Now, Fabio Lobo has been sentenced to the substantial prison term his crimes merit.”

According to the Indictment, other court filings, evidence presented during a sentencing hearing held on March 6 and 16, 2017, and statements made during other court proceedings: 

Before and while LOBO’s father was president of Honduras, LOBO used his and his father’s reputation and political network to broker corrupt connections between large-scale Honduran drug traffickers and individuals within the Honduran government, including high-level officials such as sitting Honduran congressmen as well as customs, military, and law enforcement personnel.  By managing security and what LOBO described during a recorded meeting as “logistics” for these criminals, LOBO facilitated and participated in extensive cocaine trafficking with strong support from multiple elements of the Honduran government. 

LOBO’s participation in drug trafficking began as early as 2009.  During that year, while LOBO’s father was running for president of Honduras, LOBO’s father began receiving bribes from members of a drug-trafficking organization known as the Cachiros, which was a prolific and violent criminal syndicate that relied on connections to politicians, military personnel, and law enforcement to transport cocaine to, within, and from Honduras.  The leaders of the Cachiros paid Porfirio Lobo over approximately $500,000 in exchange for, among other things, political protection from law enforcement investigations, prevention of extradition to the United States, and awards of contracts by Honduran government agencies to money-laundering front companies controlled by the Cachiros. 

LOBO was introduced to the Cachiros initially as an individual who was willing to facilitate the award of Honduran government contracts to the Cachiros’ front companies, which were used to increase the appearance of their legitimacy and to launder drug proceeds.  LOBO soon began protecting and supporting the Cachiros by acting as a conduit to Honduran officials capable of preventing interference with their drug trafficking operations.  Between five and eight times, the Cachiros provided LOBO with advance notice of incoming drug loads so that LOBO would be available in the event of any interference with the shipments. 

In 2012, LOBO participated more directly in the violent drug trafficking of the Cachiros.  LOBO proposed to the Cachiros receiving cocaine-laden aircraft at locations in the Olancho Department of Honduras, and he personally helped escort two loads of drugs with an aggregate quantity of approximately 1.4 metric tons of cocaine.  In connection with the transportation of those cocaine shipments, LOBO brought members of the Honduran military, who were armed with an AR-15 machine gun as well as pistols, for security, and LOBO personally rode with one of the leaders of the Cachiros so that LOBO would be able to place calls to Honduran officials in the event of any law enforcement interference.  For his participation, LOBO received, among other things, approximately $70,000 in cash, an armored vehicle, and an AR-15 machine gun.   

LOBO also assisted drug traffickers other than the Cachiros.  In approximately 2012, LOBO assisted a maritime drug trafficking venture at Puerto Cortes, a large commercial port on the north coast of Honduras near the Honduras-Guatemala border, involving Fredy Renan Najera Montoya (a Honduran congressman), a Honduran customs official, a high-ranking member of Mexico’s Sinaloa Cartel, Carlos Lobo (another Honduran drug trafficker who is not related to LOBO), and others.  LOBO made at least approximately $50,000 for participating in meetings regarding the shipments.  LOBO also used his political access to protect and assist Carlos Lobo by helping him try to recover seized assets in exchange for approximately $100,000.   

Beginning in or about 2013, the Drug Enforcement Administration (“DEA”) captured some of LOBO’s drug trafficking activities on tape after the leaders of the Cachiros started to covertly provide information and assistance to the United States government.  Following public financial sanctions and asset seizures targeting the Cachiros in September 2013, LOBO stepped in to help coordinate on behalf of the Cachiros the receipt, protection, and transportation of a multi-ton load of cocaine for purported representatives of now-detained alleged Mexican kingpin Joaquin Archivaldo Guzman Loera, a/k/a “El Chapo.”  Expecting to make millions of dollars for a shipment of approximately 3,000 kilograms of cocaine, LOBO met with confidential sources acting at the direction of the DEA (the “CSes”), agreed to provide military and “logistics” support to these purported drug traffickers, and facilitated introductions to at least two Honduran military officials. 

LOBO also introduced the CSes to Honduran police officials who agreed to participate in the cocaine transaction by providing security and logistical support for the transportation of the cocaine through Honduras (the “Honduran National Police Defendants”).  In June 2014, LOBO, the CSes, and six of the Honduran National Police Defendants participated in a recorded meeting in Honduras.  During the meeting, the Honduran National Police Defendants placed a map of Honduras on a table and described to LOBO and the CSes the Honduran law enforcement presence along potential shipment routes for the cocaine.  In exchange for their assistance, the Honduran National Police Defendants requested new phones for communications, vehicles to use, a pool of $200,000 for bribes to other officials, and bribes of $100,000 per person for themselves.  Later in 2015, in consensually recorded calls and emails between LOBO and one of the Cachiros, LOBO agreed to travel to Haiti for the purpose of receiving payment from the proceeds of the cocaine transaction with the CSes.  LOBO subsequently traveled to Haiti in May 2015 and was arrested.

Seven of the Honduran National Police Defendants, including, among others, MARIO GUILLERMO MEJIA VARGAS (“VARGAS”), CARLOS JOSE ZAVALA VELASQUEZ (“VELASQUEZ”), and VICTOR OSWALDO LOPEZ FLORES (“FLORES”), were subsequently indicted by a grand jury in the Southern District of New York for firearms and/or drug trafficking offenses.  On July 11, 2016, Vargas, Velasquez, and Flores waived extradition in Honduras and surrendered voluntarily in Manhattan.  FLORES, VELASQUEZ, and VARGAS have since pled guilty in federal court to conspiring to import cocaine into the United States, and they await sentencing by Judge Schofield.   

*                *                *

In addition to the prison term, LOBO, 46, was ordered to pay a $50,000 fine and to forfeit $266,667, which represents the proceeds he received from his drug trafficking offense.         

Mr. Kim praised the outstanding efforts of the Special Operations Division of the DEA Bilateral Investigations Unit, New York Strike Force, and Tegucigalpa Country Office.  Mr. Kim also thanked the DEA’s Port-au-Prince Country Office, the Government of the Republic of Haiti and its Bureau de Lutte Contre le Trafic Illicite de Stupefiants, and the U.S. Department of Justice’s Office of International Affairs for their ongoing assistance. 

This case is being handled by the Office’s Terrorism and International Narcotics Unit.  Assistant U.S. Attorneys Emil J. Bove III and Matthew J. Laroche are in charge of the prosecution.

The charges against Honduran National Police defendants Ludwig Criss Zelaya Romero, Juan Manuel Avila Meza, and Carlos Alberto Valladares Zuniga are merely accusations, and these defendants are presumed innocent unless and until proven guilty.

PITTSBURGH – A former resident of Columbus, Ohio, has been sentenced in federal court to 60 months in jail, to be followed by three years of supervised release on his convictions for burglary of a pharmacy and conspiracy to possess with intent to distribute a Schedule IV controlled substance, Acting United States Attorney Soo C. Song announced today.

United States District Judge Nora Barry Fischer imposed the sentence on Travis Russell Maynard, 38.

According to information presented to the court, on December 7, 2015, Maynard used a crowbar to break into Nickman’s Pharmacy in Uniontown, Pennsylvania, and proceeded to steal over 3,000 Schedule IV pills from the Pharmacy.

Assistant United States Attorney Timothy M. Lanni prosecuted this case on behalf of the government.

Acting United States Attorney Song commended the Drug Enforcement Administration and the Pennsylvania State Police for the investigation leading to the successful prosecution of Maynard.