Jacksonville, FL – Acting United States Attorney W. Stephen Muldrow announces that First Coast Cardiovascular Institute, P.A. (“FCCI”) has agreed to pay $448,821.58 to resolve allegations that it violated the False Claims Act by knowingly delaying repayment of more than $175,000 in overpayments owed to Medicare, Medicaid, TRICARE, and the Department of Veterans Affairs.

Specifically, the government alleges that FCCI accrued credit balances or overpayments owed to federal health care programs. These credit balances often occur in a medical practice, for example, when two insurers share responsibility for a payment and one pays too much. In 2009, amendments to the False Claims Act made it a violation to knowingly fail to pay back an obligation owed to the United States and its federal health care programs. Despite repeated warnings, FCCI failed to pay back the money it owed to Medicare, Medicaid, TRICARE, and the VA until being notified that the Department of Justice had opened an investigation into their failure to repay the government.

“When FCCI learned that it had received over $175,000 in potential overpayments to federal health care programs in 2016, it had a legal obligation to return those funds within 60 days,” stated Acting U.S. Attorney Stephen Muldrow. “Instead, they delayed repayment, ultimately retaining thousands of dollars to which they were not entitled. This settlement should send a message that we will aggressively pursue those who seek to unjustly profit from our nation’s federal health care programs.”

“This settlement is the result of successful inter-agency cooperation, resulting in the return of overpayments owed back to the government,” stated Special Agent in Charge Monty Stokes from the Office of Inspector General, U.S. Department of Veterans Affairs. “This settlement will hopefully be a deterrent for others who consider similar practices.”

“Failing to return Medicare overpayments is unacceptable and diverts critical tax dollars from their intended purpose,” said Special Agent in Charge Shimon R. Richmond of the U.S. Department of Health and Human Services, Office of Inspector General. “The OIG, along with our law enforcement partners, will hold health care companies accountable who knowingly hold onto Medicare funds to which they are not entitled.”

“This settlement demonstrates the ongoing commitment of the Defense Criminal Investigative Service to protect the integrity of the U.S. military health care program, known as TRICARE,” said Special Agent in Charge John F. Khin, Southeast Field Office. Through joint investigations with our investigative partners, DCIS aggressively pursues all remedies against medical providers who fail to deal honestly with the Department of Defense, to preserve our tax dollars where they are needed most.”

The settlement concludes a lawsuit originally filed by a former employee of FCCI, Douglas Malie, in the United States District Court for the Middle District of Florida. The lawsuit was filed under the qui tam, or whistleblower, provisions of the False Claims Act, which permit private individuals to sue on behalf of the government for false claims and to share in any recovery. The Act also allows the government to intervene and take over the action, as it did in this case. Mr. Malie will receive roughly $90,000 of the proceeds from the settlement with FCCI.

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

The settlement was the result of a coordinated effort by the U.S. Attorney’s Office for the Middle District of Florida, the State of Florida, the Defense Criminal Investigative Service, the Department of Veterans Affairs, and the U.S. Department of Health and Human Services – Office of Inspector General. It was handled by Assistant U.S. Attorney Shea Gibbons.

The case is captioned United States and the State of Florida ex rel. Malie v. First Coast Cardiovascular Institute, P.A., et al., Case No. 3:16-cv-10548-J-34MCR. The settlement resolves the United States’ claims in that case. The claims resolved by the settlement are allegations only, and there has been no determination of liability.

DALLAS— Alan Okpechi, 30, of Garland, was sentenced yesterday afternoon by U.S. District Judge Jane J. Boyle to 60 months in federal prison for identify theft, announced U.S. Attorney John Parker of the Northern District of Texas.

Okpechi pleaded guilty to one count of conspiracy to commit access device fraud and has been in custody since his arrest in July 2016. 

Krisstopher Segura-Jatip and Morgen Nelson also pleaded guilty to their role in the conspiracy and were sentenced to 57 months and 24 months in federal prison, respectively.

According to plea documents filed in the case, beginning in April 2015 and continuing through July 13, 2016, Okpechiand his coconspirators purchased the identification of individuals, including names, social security numbers, driver's license numbers, and credit card numbers, through websites. Okpechiused the stolen and unauthorized identification to create false identification documents, including false Texas temporary driver's licenses, bearing the photos of Okpechiand his codefendants. The stolen identification was also used to make fraudulent, unauthorized purchases with credit and/or debit card accounts. Okpechiused an algorithm and an application on Nelson’s phone in order to generate credit card numbers that corresponded with and accessed open accounts to which Okpechidid not have authorization to access. Okpechiand other coconspirators obtained blank plastic cards or altered debit, credit, and gift cards, for the purpose of recoding the cards with unauthorized credit card information.  The credit cards were used on several occasions to reserve hotel rooms, including entire floors of hotels, and to rent vehicles.

Over the course of the conspiracy, Okpechi had possessed over 2,000 accounts belonging to other individuals.

The case was investigated by the U.S. Postal Inspection Service.  Assistant U.S. Attorney Jamie L. Hoxie prosecuted.

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The U.S. Attorney's Office for the Eastern District of Michigan and the Michigan Department of Civil Rights have reached an agreement with the Macomb County Prosecutor’s Office under the Americans with Disabilities Act (“ADA”) and the Michigan Persons with Disabilities Civil Rights Act (“MPWDCRA”), Acting U.S. Attorney Daniel L. Lemisch and Agustin V. Arbulu, Director of the Michigan Department of Civil Rights, announced today.  Under the terms of the agreement, the Prosecutor’s Office will provide sign language interpreters and other aids and services, free of charge, to members of the public who are deaf or hard of hearing.  

The settlement resolves a complaint that the Prosecutor’s Office failed to provide a sign language interpreter to an individual who is deaf and communicates primarily in American Sign Language (ASL).  The complainant alleged that the Prosecutor’s Office asked the complainant to provide information and sign a summons and complaint in a child support matter, but she was unable to communicate effectively with employees without an interpreter. 

The ADA and MPWDCRA require that public entities provide effective communication to all individuals with disabilities who seek to participate in or benefit from their services, programs or activities.  “Effective communication” means that communication with persons who are deaf or hard of hearing should be as effective as communication with others.  Entities must provide auxiliary aids and services, including qualified and certified ASL interpreters, when necessary to give persons with disabilities equal access.

 Under the settlement, the Macomb County Prosecutor’s Office agreed to modify its policies and train its staff to ensure that members of the public who are deaf are able to effectively communicate with the office, provide appropriate auxiliary aids and services at no cost, and post signs notifying the public of the availability of these services.

“Government offices have an obligation under the Americans with Disabilities Act to ensure that people with disabilities are able to access their programs and services,” said Acting United States Attorney Daniel L. Lemisch.  “We are pleased that the Macomb County Prosecutor’s Office is updating its policies to ensure that individuals who are deaf or hard of hearing will have access to the tools they need to communicate with its employees.  We hope this case will remind other government offices to ensure they have the tools in place to provide effective communication to the public that they serve.”

“Access for all to our justice system is a fundamental aspect of our democracy,” said Agustin V. Arbulu, Director of the Michigan Department of Civil Rights.  “People who are Deaf, DeafBlind or Hard of Hearing must be able to communicate effectively within our justice systems, whether as a defendant, a witness, a victim of a crime or a party to a proceeding.  The Macomb County Prosecutor’s Office deserves our thanks for providing a simple, cost-effective model for other Michigan Prosecutor offices to follow in ensuring access for Deaf, DeafBlind and Hard of Hearing citizens.”

“The right to effective communication is a core right for Michigan citizens who are Deaf, DeafBlind and Hard of Hearing, and the ability to fully access programs and services in our courts must be protected,” said Annie Urasky, Director of MDCR Division on Deaf, DeafBlind and Hard of Hearing.  “I thank the Macomb County Prosecutor’s Office for recognizing the need to review and update their policies with regards to sign language interpreters.”

Those interested in finding out more about this settlement or the obligations of public entities under the ADA may call the U.S. Attorney’s Office Civil Rights Hotline at 313-226-9151, or send an email to www.usamie.civilrights@usdoj.gov.

Those interested in learning more about the Michigan Department of Civil Rights, the Division on Deaf, DeafBlind and Hard of Hearing and the laws they enforce can visit www.michigan.gov/mdcr or call 800-482-3604; via Video Phone at 313-437-7035; or send email to MDCR-INFO@michigan.gov.

Information is also available at the Justice Department’s toll-free ADA information line at 800-514-0301 or 800-514-0383 (TDD), or at www.ada.gov. 

PENSACOLA, FLORIDA– Jeremy Langston Alford, 34, of Niceville, was sentenced yesterday to serve 135 months in prison after pleading guilty on July 31, 2017, to unlawfully possessing a firearm as a convicted felon, possessing stolen firearms, and theft of firearms from the premises of a federal firearms licensed dealer.  The sentence was announced by Christopher P. Canova, United States Attorney for the Northern District of Florida.

On February 24, 2017, Okaloosa County Sheriff’s deputies discovered that Jim’s Guns and Supplies, a federal firearms licensed dealer in Niceville, had been burglarized and a number of firearms, ammunition, and other items had been stolen.  Evidence recovered from the crime scene led officials to a shed belonging to Alford’s relative.  Officials recovered 39 firearms and numerous rounds of ammunition from inside the shed and the residence.  Further investigative efforts led to the recovery of more than 60 firearms, as well as numerous rounds of ammunition, and multiple pieces of tactical equipment, including a gas mask that were all stolen from Jim’s Guns and Supplies.  On February 26, 2017, Alford was arrested and admitted to burglarizing Jim’s Guns and Supplies and stealing firearms, ammunition, and other items.

This case resulted from investigations by the Okaloosa County Sheriff’s Office and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).  It was prosecuted by Assistant U.S. Attorney J. Ryan Love.

The United States Attorney's Office for the Northern District of Florida is one of 94 offices that serve as the nation’s principal litigators under the direction of the Attorney General.  To access public court documents online, please visit the U.S. District Court for the Northern District of Florida website.  For more information about the United States Attorney’s Office, Northern District of Florida, visit http://www.justice.gov/usao/fln/index.html.

COUNCIL BLUFFS, Iowa - On October 11, 2017, United States District Court Judge Stephanie M. Rose sentenced Matthew P. Goodside, 32, of Shelby, Iowa, to 63 months in prison for possession of child pornography, announced United States Attorney Marc Krickbaum. Goodside was also ordered to serve ten years of supervised release following his imprisonment and comply with Sex Offender Registration and Notification Act requirements. 

Federal and state authorities began investigating Goodside in July of 2014 regarding the suspected distribution of synthetic marijuana from his residence in Avoca, Iowa. During a search warrant that was conducted at the Avoca residence in January of 2015, several laptops and pieces of computer equipment were recovered. A later forensic examination of the computers revealed the presence of several images and videos reflecting child pornography that had been downloaded using a peer-to-peer file sharing program.

This matter was investigated by the Drug Enforcement Administration, the United States Postal Inspection Service, the Pottawattamie County Sheriff’s Office, the Douglas County Sheriff’s Office, the Avoca Police Department, and the Southwest Iowa Narcotics Taskforce. 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 Kevin E. VanderSchel at 515-473-9300, or by emailing him at Kevin.VanderSchel@usdoj.gov (link sends e-mail).

ALEXANDRIA, Va. – An owner of a Fairfax gaming center was sentenced to prison today for obstructing justice and making false statements involving international terrorism.

Michael Queen, 28, of Woodbridge, was sentenced to 2 years in prison. According to court documents, Queen and Soufian Amri, 32, of Falls Church, lied to FBI agents to prevent them from learning about and investigating their friend Haris Qamar’s attempt to travel to join the Islamic State of Iraq and al-Sham (ISIS). Queen and Amri knew that Qamar had attempted to travel overseas to join ISIS in 2014, yet they lied to and misled the FBI by saying that the only person they knew who might travel to join ISIS was a “tall, thin, Indian” individual. Queen later told Qamar that Queen and Amri gave the FBI the name of a Hindu individual as someone who might support ISIS. Queen told Qamar, “I’m never going to throw a Muslim underneath the bus to try to do the right thing.”

Qamar was sentenced to 8 1/2 years in prison on February 17 for attempting to provide material support to ISIS. Amri is scheduled to be sentenced on October 27.

Dana J. Boente, U.S. Attorney for the Eastern District of Virginia, and Andrew W. Vale, Assistant Director in Charge of the FBI’s Washington Field Office, made the announcement after sentencing by U.S. District Judge Leonie M. Brinkema. Assistant U.S. Attorneys Gordon D. Kromberg and Colleen E. Garcia prosecuted the case.

A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia.  Related court documents and information is located on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 1:17-cr-50.

SOUTH BEND - The United States Attorney for the Northern District of Indiana, Thomas L. Kirsch II, announced the return of a seven-count indictment that alleges a heroin distribution conspiracy.  Named in today’s indictment are:

• Corey Harris, age 22, of South Bend, Indiana
  • Conspiracy to Distribute Heroin (Count 1)
  • Distribution of Heroin (Count 3)
• Isaiah Whitmore, age 25, of South Bend, Indiana
  • Conspiracy to Distribute Heroin (Count 1)
  • Distribution of Heroin (Count 2)
• Reginald Blackburn, age 25, of Mishawaka, Indiana
  • Conspiracy to Distribute Heroin (Count 1)
  • Distribution of Heroin (Count 4)
• Ryan Williams, age 27, of South Bend, Indiana
  • Conspiracy to Distribute Heroin (Count 1)
  • Distribution of Heroin (County 5)
• Terron Taylor, age 22, of Mishawaka, Indiana
  • Conspiracy to Distribute Heroin (Count 1)
  • Distribution of Heroin (Count 6)
• Anthony Owens, age 30, of South Bend, Indiana
  • Conspiracy to Distribute Heroin (Count 1)
  • Distribution of Heroin (Count 7)

According to documents in this case, from March 2017 up to and including October 2017, the above individuals knowingly and intentionally conspired to distribute a Schedule I controlled substance, heroin, in excess of 1 kilogram. 

Four of the individuals named in the indictment have been arrested.  Law enforcement is currently seeking the whereabouts of Corey Harris and Terron Taylor.  If you have any information as to the whereabouts of the above individuals please contact Michiana Crime Stoppers at 574-288-STOP.

The United States Attorney's Office emphasized that an Indictment is merely an allegation and that all persons charged are presumed innocent until, and unless, proven guilty in court.

If convicted in court, any specific sentence to be imposed will be determined by the judge after a consideration of federal sentencing statutes and the Federal Sentencing Guidelines.

This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives; the Drug Enforcement Administration; the Indiana State Police; the Mishawaka Police Department; St. Joseph County Drug Investigations Unit; the St. Joseph County Police Department; the St. Joseph County Prosecuting Attorney; and the United States Marshals Service.  The above agencies were also supported by Project Disarm, a Bureau of Alcohol, Tobacco, Firearms and Explosives Task Force; the Drug Enforcement Administration Task Force; Elkhart Police ICE Unit; and the United States Marshals Service Fugitive Task Force.  The case is being handled by Assistant U.S. Attorneys Joel Gabrielse and Molly Donnelly.

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St. Louis, MO – Angela Huskey, was sentenced to 63 months in prison on mail fraud charges in connection with her embezzlement of approximately $1.6 million from the Grandview R-2 School District. She was ordered to pay $1,813,900.63 in restitution.

According to court documents, Huskey worked for Grandview for more than 20 years, being elevated to the position of business manager in 2009. In court today, Huskey admitted that she embezzled no less than $1.6 million from the school district during that time, falsifying the school district’s records to conceal her crimes. In some cases, Huskey admitted, she concealed her embezzlement by inflating the reported wages for other employees of the school district, causing those individuals to pay excess taxes to the Internal Revenue Service. As a result, those individuals paid an additional $13,368.28 in income taxes they did not in fact owe.

Huskey, 51, DeSoto, MO, pled guilty in June to one felony count of mail fraud and appeared today for sentencing before United States District Judge Rodney W. Sippel.

The case was investigated by the Federal Bureau of Investigation. Assistant United States Attorney Gwen Carroll is handling the case for the U.S. Attorney’s Office.

LUBBOCK, Texas — Arnoldo Mendoza Lepez, 45, of Littlefield, Texas, was sentenced this morning before Senior U.S. District Judge Sam R. Cummings to 405 months in federal prison following his guilty plea to his role in a methamphetamine distribution conspiracy, announced U.S. Attorney John Parker of the Northern District of Texas.  A co-defendant, Joseph Raymond Jaramillo, Jr., 30, also of Littlefield, Texas, was sentenced last week to 365 months in federal prison following his guilty plea to his role in the same conspiracy.

Both Lepez and Jaramillo pleaded guilty in July 2017 to one count of possession with intent to distribute 500 grams or more of methamphetamine.  Both have been in custody since the time of their arrest in May 2017.

Co-defendant Zahir Rivera-Pineda, 27, pleaded guilty in June 2017 to his role in the conspiracy and was sentenced to 60 months in prison in September of this year.

According to plea documents filed in the case, on May 5, 2017, New Mexico State Police stopped a vehicle being driven by Rivera-Pineda that was found to contain approximately 20 pounds of suspected methamphetamine near Albuquerque, New Mexico.  Agents with Homeland Security Investigations (HSI) were able to determine that the methamphetamine was destined for a specific residence located in Littlefield, Texas.  HSI agents coordinated with agents from the Lubbock County, Texas Sheriff’s Office (LCSO) and Drug Enforcement Administration (DEA) to complete the delivery of the methamphetamine to the residence in an attempt to identify the individuals receiving the narcotics.

Shortly after the methamphetamine was delivered to the residence in Littlefield, agents executed a search warrant.  Inside the residence, agents located Jaramillo, Jr. and Lepez.  Inside the room with Jaramillo and Lepez, agents located in plain-view several of the bundles containing the methamphetamine that had just been delivered to the house.  The remainder of the bundles were located inside a hidden compartment located in the closet of the same room.  Agents found two firearms in the room with the defendants as well as several other firearms throughout the residence.

The methamphetamine located in the residence weighed a total of 8,833 grams.

The U.S. Immigrations and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI), Drug Enforcement Administration, Lubbock County Sheriff’s Office, and New Mexico State Police conducted the investigation.  Assistant U.S. Attorney Sean Long was in charge of the prosecution.

# # #

DALLAS— Jesus Aldana Gutierrez, 33, a Cuban citizen, was sentenced this morning by U.S. District Judge Sidney A. Fitzwater to 60 months in federal prison for his role in a conspiracy involving fraudulent purchases in North Texas using counterfeit bank cards, announced U.S. Attorney John Parker of the Northern District of Texas.

Gutierrez pleaded guilty in June 2017 to one count of conspiracy to commit access device fraud.  He has been in custody since he was arrested in September 2016.  Judge Fitzwater also ordered Gutierrez to pay $408,596.46 in restitution, joint and severally with his codefendants.

According to documents filed in the case, from at least January 2015 through July 2016, Gutierrez and othersobtained lists of credit and debit card numbers belonging to other individuals online.  Gutierrez and his coconspirators used the card information to create counterfeit bank cards using devices to encode the cards with the fraudulently obtained account information.  The defendants went to various retail stores and purchased prepaid gift cards and shopping cards with the counterfeit cards.  The defendants then took those purchased prepaid gift cards and shopping cards to other stores and purchased items, including other gift cards, to further launder the illegally obtained money.

The scheme was discovered after an investigator from JPMorgan Chase observed a large volume of fraudulent transactions being made with unauthorized JPMorgan Chase debit card numbers at Walmart stores in the Dallas-Fort Worth metroplex area.  JPMorgan Chase’s investigator worked with Walmart investigators to collect surveillance footage and conduct surveillance of the defendants engaging in the fraudulent transactions.       

The case was investigated by the U.S. Secret Service and the Plano Police Department.  Assistant U.S. Attorneys Jamie L. Hoxie and Shane Read prosecuted.

# # #

TRENTON, N.J. – A Trenton man today admitted his role in a conspiracy to distribute and possess with intent to distribute more than 1.5 kilograms of cocaine and more than 122 grams of cocaine base, Acting U.S. Attorney William E. Fitzpatrick announced.

Khalfini Richardson, 33, pleaded guilty before U.S. District Judge Michael A. Shipp in Trenton federal court to Count One of an indictment charging him with conspiracy to distribute and possess with intent to distribute 500 grams or more of cocaine, and to manufacture, distribute, and possess with intent to distribute 28 grams or more of cocaine base.

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

From September of 2013 through Jan. 13, 2016, Richardson conspired with co-defendants Bobby Williams, William Enmond and Capitol T. Wellons to distribute cocaine, and to manufacture and distribute cocaine base, primarily from two adjacent residences in Trenton.  On May 8, 2015, Richardson cooked powder cocaine into cocaine base inside one of the Trenton residences and sold approximately 40 grams of it to a confidential government source for $1,800.  Richardson admitted to conspiring to distribute and possess with intent to distribute 1.72 kilograms of cocaine and to conspiring to manufacture as well as distribute, and possess with intent to distribute, 122.6 grams of cocaine base.

The count to which Richardson pleaded guilty is punishable by a maximum penalty of 40 years in prison and a $5 million fine. Sentencing is scheduled for Jan. 17, 2018.

Enmond previously pleaded guilty before Judge Ship and was sentenced July 21, 2017, to five years in prison. The charges and allegations against Williams and Wellons are merely accusations, and they are considered innocent unless and until proven guilty.

Acting U.S. Attorney Fitzpatrick credited special agents of the Drug Enforcement Administration (DEA), under the direction of Special Agent in Charge Carl J. Kotowski in Newark, with the investigation leading to today’s guilty plea.

The government is represented by Assistant U.S. Attorney Molly Lorber and Senior Litigation Counsel Joseph Gribko of the U.S. Attorney’s Office Criminal Division in Trenton.

Defense counsel: Brynn Giannullo Esq., New Brunswick, New Jersey

HUNTSVILLE – The Department of Justice has awarded grants totaling $2.1 million to the National Children’s Advocacy Center for the 2017 fiscal year, announced U.S. Attorney Jay E. Town and NCAC Executive Director Chris Newlin.

The Huntsville Center is receiving the funding through the Office of Juvenile Justice and Delinquency Prevention’s Victims of Child Abuse grant programs. Under the Training and Technical Assistance for Child Abuse Professionals program, the center received $900,000 to develop a training program for state and local professionals who shepherd child abuse victims through the judicial system. It also received a $1.2 million grant under the VOCA Act Regional Children’s Advocacy Centers Program to support the Southern Regional Children’s Advocacy Center, which provides training and technical assistance to state chapters, other children’s advocacy centers, and multidisciplinary teams in 16 states and the District of Columbia. 

“I am so pleased to be able to announce that the Department of Justice has awarded grants totaling more than $2 million to the National Children’s Advocacy Center this year,” Town said. “This center is renowned for the training and support it provides the many professionals who work with child abuse victims and strive to improve the judicial system’s handling of their cases.”

“The NCAC is honored to be awarded these two grants, which will allow us to continue providing the highest quality child abuse training and technical resources for professionals working throughout the United States,” Newlin said. “The Department of Justice has continuously funded these two projects at the NCAC for more than 20 years. This is testament to the quality of training and technical assistance we have provided during that time, which also has seen the number of CACs in the United States increase to more than 900 in 2017, serving more than 300,000 children per year. At the same time, our nation has seen the sexual abuse of children decline by almost 50 percent! We are making progress, and the NCAC and this community have played a pivotal role in this regard.”

The Huntsville Center was the first child advocacy center in the country, and it continues to provide prevention and intervention services for child abuse in Huntsville and Madison County. It also houses the NCAC Training Center, the Southern Regional Children’s Advocacy Center, NCAC Virtual Training Center, and the Child Abuse Library Online – CALiO.

The purpose of the two grants is to develop and implement a model training and technical assistance program to improve the judicial system's handling of child abuse and neglect cases and enhance the expertise of child abuse professionals.

            The program will provide training and support for multidisciplinary teams of child abuse professionals at the state and local levels, and will develop resources and publications designed to enhance the coordinated multidisciplinary response to child abuse.

The training by the National Children’s Advocacy Center will emphasize the implementation of developmentally appropriate, trauma-informed and evidence-based programs, policies and practices. Training will address topics including Forensic Interviews at Trial: Preparation and Presentation Training; Building Forensic Interviewing Skills Training; Conducting Child Abuse Investigations for Child Protective Services, and Law Enforcement Training for CPS Investigators and Law Enforcement Investigators.

The grants also will help the advocacy center provide scholarships for child abuse professionals to the International Symposium on Child Abuse and offer new, recorded online child-abuse response training sessions and provide new webinars on high-priority child-abuse response topics. The center will continue to provide archived webinars and online trainings. Through its technical assistance efforts, the NCAC will provide technical assistance via online Mentoring and Consultation Groups for Forensic Interviewers and online Consultation and Support Groups for Supervisors of Child Forensic Interviewers.

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ALBUQUERQUE – In Aug. 2016, a multi-agency investigation led by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) concluded with the filing of 59 federal indictments and a federal criminal complaint charging 103 Bernalillo County residents with federal firearms and narcotics trafficking offenses.  To date, 80 of the 103 defendants charged as the result of this investigation have entered guilty pleas and 44 of them have been sentenced.

The investigation was undertaken in support of a federal anti-violence initiative that targets “the worst of the worst” offenders for federal prosecution.  Under this initiative, the U.S. Attorney’s Office and federal law enforcement agencies collaborate with New Mexico’s District Attorneys and state, local and tribal law enforcement agencies to target violent or repeat offenders for federal prosecution primarily based on their prior criminal convictions with the goal of removing repeat offenders from communities in New Mexico for as long as possible.

This week, Jeneill Ayala, 25, of Albuquerque, entered a guilty plea in federal court to a methamphetamine trafficking charge, becoming the 80^th defendant to enter a guilty plea.

Ayala and her co-defendant, David Torrez, 32, were charged by indictment on July 28, 2016, with conspiracy and distributing methamphetamine on June 21, 2016, in Bernalillo County.  Ayala pled guilty on Oct. 10, 2017, to both charges of the indictment without the benefit of a plea agreement.  Torrez previously pled guilty on Sept. 26, 2017, to Count 2 of the indictment and admitted selling two ounces of methamphetamine to an undercover law enforcement agent on June 21, 2016. 

At sentencing, Ayala and Torrez each face a statutory penalty of not less than five years and not more than 40 years in federal prison.  Their sentencing hearings have yet to be scheduled. 

Twenty of the defendants charged as the result of the ATF investigation have entered not guilty pleas to the charges against them.  Charges in indictments are merely accusations, and defendants are presumed innocent unless found guilty in a court of law.   Two defendants are fugitives and the charges against two defendants have been dismissed.

This case against Ayala and Torrez was investigated by the Albuquerque office of ATF and is being prosecuted by Assistant U.S. Attorney Eva M. Fontanez.

ALEXANDRIA, Va. – The sixth and final defendant in a multi-state crack cocaine and firearms distribution investigation was sentenced today to nearly 14 years in prison for his role in the conspiracy.  As part of this case, ATF Agents and the Prince William County Police seized more than 20 firearms and 800 grams of crack. 

Steve Pate, 41, of Shannon, North Carolina, was sentenced to 167 months in prison. According to court documents, Pate engaged in a conspiracy to distribute crack cocaine from at least May 2016 through February 2017. As part of the conspiracy, Pate would purchase cocaine, which he would prepare into crack. Pate would then supply the crack to co-conspirators Jerry Bullard and Cedric McEachern, who sold the drugs from a trailer in Robeson County, North Carolina.   

As part of the conspiracy, co-conspirators Kristie Middleton and Kevin Shaw traveled from Virginia to purchase multi-ounce quantities of crack from Bullard and McEachern, and firearms from Bullard. Middleton and Shaw then returned to Dale City, Virginia, where they redistributed the crack and possessed and sold firearms alongside co-defendant Nifer McLaurin.  See the table below for information on each defendant in this case.

Dana J. Boente, U.S. Attorney for the Eastern District of Virginia, Paul D. Vanderplow, Acting Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms and Explosives’ (ATF) Washington Field Division, and Stephan M. Hudson, Chief of Prince William County Police, made the announcement after sentencing by U.S. District Judge Anthony J. Trenga. Assistant U.S. Attorney Tobias D. Tobler prosecuted the case.

A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia.  Related court documents and information is located on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 1:17-cr-149.

NORFOLK, Va. – A Winchester man was sentenced today to nearly 6 years in prison for defrauding a woman of approximately $377,000 based on false statements that included a fraudulent inducement of marriage.

Harry Randall Withers, Jr., 38, pleaded guilty to wire fraud and engaging in monetary transactions in criminally derived property on June 27. According to court documents, Withers made a series of false representations to a woman to induce her to lend him approximately $377,000. Withers told the woman he was the owner of a wine and cheese bar and that his employees had embezzled from him, when in fact he was the manager of the bar and had embezzled from the actual owner. Wither also told the woman he was a member of an affluent family that had founded Union Camp Corporation, a pulp and paper company that was later acquired by International Paper; that his grandmother had died and left him a large inheritance that he would use to repay a loan; and that the IRS had frozen his bank accounts. He made the further false representation that if they were married, it would solve tax and legal issues that were preventing him from accessing his money and that he would then be able to repay her. In reliance on these misrepresentations, the woman married Withers and lent him the money, which he used for his own benefit with no intention of repaying her. Withers wrote a series of checks that purported to be in partial repayment of the money the woman had lent him, but they were written on funds that had insufficient funds or were closed. He also forged the woman’s signature on checks written on her account that he made payable to himself. 

Dana J. Boente, U.S. Attorney for the Eastern District of Virginia, made the announcement after sentencing by U.S. District Judge Rebecca Beach Smith. Assistant U.S. Attorney Alan M. Salsbury prosecuted the case.

A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia.  Related court documents and information is located on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 2:16-cr-166.

Warren Stepney, Jr., 23, of East St. Louis, Illinois will serve ten years in federal prison for possession of firearms as a previously convicted felon, the United States Attorney for the Southern District of Illinois, Donald S. Boyce, announced today. Following his prison sentence, Stepney will be on federal supervised release for three years. Stepney has been in custody since his arrest on July 28, 2016.

Documents filed in the U.S. District Court establish that on June 28, 2016, Stepney, was observed by officers loitering outside of a convenience store in East St. Louis, Illinois, along with four other individuals. When the officers approached and questioned Stepney, he reached into his pockets. Officers told him to remove his hands. When he refused, an officer performed a pat down search and found a .380 caliber HiPoint handgun in Stepney’s pocket. The gun was loaded with nine rounds of ammunition, and it had an obliterated serial number.

One month later, on July 28, 2016, an East St. Louis officer initiated a traffic stop of Stepney, who was driving a Kia Sportage that had been reported stolen out of St. Louis, Missouri. The officer approached the car with his service weapon drawn and told Stepney to turn the vehicle off, to which Stepney stated he did not know how. When the officer attempted to reach across Stepney to turn the car off, Stepney tried to reach under the passenger’s seat and then put the vehicle into gear and began to drive away with the officer partially inside the car. Stepney drug the officer approximately 15 feet causing injury to the officer. As Stepney fled, he attempted to drive onto a ramp to the interstate at which time he lost control and crashed. As other officers arrived to assist, Stepney threw a handgun out the driver’s side window before he was taken into custody. The firearm was recovered by the officers and determined to be a fully loaded Citadel Government Model 1911-22.

Court documents further established that Stepney was a previously convicted felon, having been convicted in 2012 of residential burglary in the Circuit Court of St. Clair County, Illinois.

The case was investigated by the East St. Louis Police Department and the Washington Park Police Department. The case was prosecuted by Assistant United States Attorney Ali Summers.

ALBUQUERQUE – Anthony Phillips, 27, an enrolled member and resident of Acoma Pueblo, N.M., pleaded guilty today in federal court in Albuquerque, N.M., to an assault charge.  Under the terms of his plea agreement, Phillips will be sentenced to 24 months in prison followed by a term of supervised release to be determined by the court.

Phillips was arrested on March 30, 2017, on an indictment charging him with assault resulting in serious bodily injury on Jun 19, 2016, on the Acoma Indian Reservation in Cibola County, N.M.

During today’s proceedings, Phillips pled guilty to the indictment and admitted that on June 19, 2016, on the Acoma Indian Reservation, he assaulted a Laguna Pueblo woman by wrapping his arms around her, kicking her legs out from under her, and taking her to the ground and handcuffing her.  Phillips further admitted that the victim suffered an avulsion facture to her knee and a torn ACL as the result of the assault.  A sentencing hearing has yet to be scheduled. 

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

Memphis, TN – A Shelby County, Tennessee dentist pleaded guilty today to tax evasion, announced Acting Deputy Assistant Attorney General Stuart M. Goldberg of the Justice Department’s Tax Division and D. Michael Dunavant, U.S. Attorney for the Western District of Tennessee.

According to documents and information provided to the court, Andrea M. Henry, 44, owned The Henry Polk Dental Group D.P.C. and The Smile Spa, LLC, dental practices located in Cordova, Tennessee. Henry filed personal income tax returns for 2005, 2006, 2008 and 2010 to 2013, but did not pay $113,781 in income and self-employment taxes due to the Internal Revenue Service (IRS). Henry also failed to pay over the employment taxes withheld from her employees’ paychecks for numerous quarters between 2006 and 2015. The IRS assessed over $160,000 in trust fund recovery penalties against Henry, making her personally liable for the unpaid employment taxes.

Instead of paying the taxes owed, Henry spent hundreds of thousands of dollars on personal expenses, including private school tuition, expensive housing and luxury cars. After the IRS assessed penalties against her, Henry stopped using personal bank accounts and instead began using business accounts to pay for personal expenses. In early 2011, prior to her home being foreclosed on, Henry transferred $130,000 to a nominee buyer, entered a sham lease arrangement with the nominee to create a false explanation of the funds in the nominee’s bank account, and caused the nominee to purchase the home for her. Henry later used that same nominee and other nominees to purchase and lease exotic cars, including a Dodge Viper and a Porsche Panamera. Henry admitted to causing a tax loss of $528,882.07.

Sentencing is scheduled for January 12, 2018, before U.S. District Court Judge John T. Fowlkes Jr. Henry faces a statutory maximum sentence of five years in federal prison, a period of supervised release, restitution and monetary penalties.

Acting Deputy Assistant Attorney General Goldberg and United States Attorney D. Michael Dunavant, commended special agents of IRS Criminal Investigation, who conducted the investigation, and Trial Attorney Robert J. Boudreau of the Tax Division and Assistant U.S. Attorney Damon Griffin, who are prosecuting the case.

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          Today, the U.S. Department of Justice filed its response in support of the City of Seattle’s “Motion to Declare It in Full and Effective Compliance with the Consent Decree.”  The United States concludes that the City has met its obligations under the first phase of the Consent Decree based on (1) the ten assessments conducted by the Monitor – assessments that covered all of the requirements of the Consent Decree – and (2) the Department of Justice’s own independent review of the City’s compliance.  The Court’s continued oversight in phase two of this effort will ensure that the City continues to comply as required under the Decree.

The following is a statement from Annette L. Hayes, U.S. Attorney for the Western District of Washington:

“After much work over more than five years, the City of Seattle has reached a significant milestone in complying with the requirements of the Consent Decree.  New policies, training, and systems of oversight and accountability have resulted in the Seattle Police Department (SPD) meeting its obligations under Phase I of the Consent Decree and thereby eliminating the pattern or practice of unconstitutional policing that led to our investigation and findings in 2011.

We have not come to this conclusion lightly.  Career civil rights attorneys and police-practices experts have spent more than five years investigating SPD, overseeing the creation of new policies and training, and independently reviewing the relevant data and the results of assessments conducted by the Court-appointed Monitor that examined the implementation of the Consent Decree’s requirements.

We know that real reforms can’t just happen on paper.  They must be carried out in practice.  That is why Department of Justice civil rights attorneys and police reform experts, along with the Monitor, took a hard look at the way officers are using force on the street -- whether there is a real commitment to de-escalation, whether new approaches to crisis situations are resulting in better outcomes, and whether internal supervision and independent civilian-led accountability systems are sufficient to address any shortcomings

This conclusion does not mean the police department is perfect, nor does it end the hard work required under the Decree.  There is more to do and issues that need to be addressed.  Rather, this milestone represents the end of one chapter and the beginning of another.  Under the terms of the Consent Decree, SPD is required to sustain compliance for at least two years before the Court, Monitor or the Department of Justice could agree that termination of the Decree is appropriate.

I appreciate the hard work and commitment of SPD’s officers and leadership, the elected officials who have made police reform a priority, and, of course, the strong support of – and demands from – the community and the ongoing engagement from the Community Police Commission.  Continued engagement by all concerned in the next phase of the reform efforts and beyond will be critical to ensuring further progress under the Consent Decree.”

Deirdre M. Daly, United States Attorney for the District of Connecticut, announced that DUSAN MLADEN, also known as David Mladen, 62, of Hartford, pleaded guilty today before U.S. District Judge Jeffrey Alker Meyer in New Haven to one count of making a false statement to a federal law enforcement agent investigating threats against a U.S. Bankruptcy Court Judge.

According to court documents and statements made in court, MLADEN was a litigant in a proceeding pending before the U.S. Bankruptcy Court in the District of Connecticut, captioned In re: Eternal Enterprise, Inc.  MLADEN formerly owned Eternal Enterprise, Inc., which owns several residential apartment properties in Hartford, and he has continued to be active in the management and decision making for the company.

On July 5, 2017, the judge presiding over the Eternal Enterprise matter discovered in the mailbox of her residence an anonymous handwritten note containing the phrases “BACK OFF,” “YOU ARE OVERSTEPPING AUTHORITY” and “JUST WARNING FOR NOW.”

On July 10, the judge received a phone call that had been placed to her home phone number.  During the call, the caller stated that he had visited the judge’s house last week and “I left a message for you.”  He said that he wanted her to file an order tomorrow “extending the deadline to September 30,” and “then maybe everything will be ok.”  Although the caller refused to identify himself, the judge recognized the voice as MLADEN’s.  The U.S. Marshals Service subsequently confirmed that the cell phone used to make the call was at a location in the vicinity of MLADEN’s residence, and that it had been purchased by MLADEN under a fictitious name.

On July 11, deputy U.S. Marshals interviewed MLADEN at his residence.  During the conversation, MLADEN denied having gone to the judge’s house the previous week and having called the judge on July 10, and he stated that he did not have the judge’s phone number.  Each of these statements was false.  Pursuant to a court-authorized search of MLADEN’s car, the U.S. Marshals discovered that the judge’s home address was programmed into the defendant’s GPS unit.

MLADEN has been detained since his arrest on July 11.

Judge Meyer scheduled sentencing for January 15, 2018, at which time MLADEN faces a maximum term of imprisonment of five years.

This matter is being investigated by the U.S. Marshals Service and is being prosecuted by Assistant U.S. Attorney William J. Nardini.