Rochester Woman Sentenced For Her Role In Cocaine Conspiracy; Another Defendant Pleads Guilty

ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Leitscha Poncedeleon, 29, of Rochester, NY, who was convicted of conspiracy to possess with intent to distribute, and to distribute, five kilograms or more of cocaine, was sentenced to 168 months in prison by Chief U.S. District Judge Frank P. Geraci.

In addition, Freddie Silva-Otero, 49, of Mayaguez, Puerto Rico, pleaded guilty to conspiracy to possess with intent to distribute, and to distribute, five kilograms or more of cocaine. The charge carries a minimum sentence of 10 years in prison, a maximum of life, and a $10,000,000 fine.

Assistant U.S. Attorney Katelyn M. Hartford, who is handling the case, stated that between April 2017 and January 29, 2018, the defendants conspired with Carlos Javier Figueroa, Roberto Figueroa, Obed Torres, Jonathan Cruz Carmona, and others, to distribute cocaine.

In furtherance of the conspiracy, Poncedeleon, on numerous occasions, communicated via telephone with Freddie Silva-Otero and other individuals in Puerto Rico to coordinate the shipment of cocaine from Puerto Rico to Rochester, via the United States Postal Service. Between September 9, 2017, and January 29, 2018, Poncedeleon and other conspirators coordinated at least 25 shipments of cocaine, each containing approximately two kilograms of cocaine. Silva-Otero personally assisted with shipping six packages containing two kilograms of cocaine each to Poncedeleon and Carlos Javier Figueroa between January 16, 2018, and January 24, 2018.  Poncedeleon and others sent money via the United States Postal Service and wire transfers from Rochester to Puerto Rico as payment for the cocaine. Poncedeleon also arranged for individuals in the Rochester area to receive the packages of cocaine. Once the packages arrived in Rochester, the individuals would contact Poncedeleon who would then notify co-conspirator Carlos Javier Figueroa.

Poncedeleon, Carlos Javier Figueroa, Roberto Figueroa, and others, maintained a residence located at 292 Barrington Street in Rochester for the purposes of storing, manufacturing, processing, and distributing cocaine. At that location, Poncedeleon, Carlos Javier Figueroa, Roberto Figueroa, and others regularly prepared and packaged cocaine for distribution. On January 29, 2018, law enforcement officers executed a search warrant at the residence and recovered approximately three kilograms of cocaine, $230,060 in cash, eight firearms, and numerous rounds of ammunition.

A total of 10 defendants have been charged in connection with this conspiracy, five have been convicted, and one has been sentenced.

Today’s plea and sentencing are the result of an investigation by the Bureau of Alcohol, Tobacco, Firearms and Explosives Violent Crime Task Force, under the direction of Special Agent-in-Charge Ashan Benedict, New York Field Division; the Rochester Police Department, under the direction of Chief Mark Simmons; the Monroe County Sheriff’s Office, under the direction of Sheriff Todd Baxter; the Monroe County District Attorney’s Office, under the direction of District Attorney Sandra Doorley; the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Gary Loeffert; the Drug Enforcement Administration, under the direction of Special Agent-in-Charge James J. Hunt, New York Field Division; the Greece Police Department, under the direction of Chief Patrick Phelan; the Brighton Police Department, under the direction of Chief Mark Henderson; and U.S. Border Patrol, under the direction of Patrol Agent-in-Charge Gregory Johnson.

Maryland Man Pleads Guilty to Participating in Firearms Trafficking Conspiracy

FBI Recovered Multiple Assault Rifles During Its Investigation

            WASHINGTON – Austin Peed, 36, of Avenue, Md., pled guilty today to trafficking in firearms following his arrest in a nearly year-long investigation involving narcotics and firearms trafficking, announced U.S. Attorney Jessie K. Liu and Nancy McNamara, Assistant Director in Charge of the FBI’s Washington Field Office.

            Peed pled guilty before the Honorable Richard J. Leon in the U.S. District Court for the District of Columbia to one count of conspiracy to commit an offense against the United States. Peed faces a maximum of five years of incarceration and is currently held without bond. Judge Leon scheduled sentencing for March 26, 2019.

            According to the government’s evidence, Peed engaged in the sale of two separate AR-15 assault rifles in Maryland and Washington, D.C. to an undercover law enforcement officer in exchange for cash. The first purchase occurred on Sept. 6, 2017, in Bladensburg, Md., in exchange for $1,200. The second purchase occurred on Sept. 28, 2017 in the 1700 block of Girard Street NE, in exchange for $1,500. During the second purchase, Peed provided a rifle scope to accompany the rifle. The firearms were without serial numbers and were untraceable.

            Peed was arrested with eight other individuals in March 2018 in relation to a conspiracy to distribute and possess with intent to distribute cocaine and 280 grams or more of crack. Numerous defendants were also charged with possessing and distributing various narcotics, including crack, cocaine, PCP and fentanyl, during the period of the investigation.

            This case is part of an Organized Crime and Drug Enforcement Task Force (OCDETF) investigation. OCDETF specializes in the investigation and prosecution of drug trafficking and money laundering organizations and related criminal enterprises, which includes, corresponding firearms related crimes.

            In announcing the plea, U.S. Attorney Liu and Assistant Director in Charge McNamara commended the work of those who investigated the case. They cited the efforts of those who worked on the case from the U.S. Attorney’s Office for the District of Columbia, including Paralegal Specialist Jeannette Litz, who assisted with the case, and Christopher Macchiaroli and Kevin Rosenberg of the Violent Crime and Narcotics Section, who conducted the underlying investigation, indicted the case, and are prosecuting the remaining defendants.

South Florida Pharmacist Sentenced to More Than Six Years in Prison for Role in $3.4 Million Compounding Pharmacy Scheme

A pharmacist licensed by the State of Florida was sentenced today to 78 months in prison for her participation in a scheme involving the payment of approximately $3.4 million in fraudulent claims by TRICARE, Medicare, and private insurance programs for compounded creams that were medically unnecessary, procured through illegal kickbacks, and otherwise not eligible for reimbursement.

Assistant Attorney General Brian A. Benczkowski of the Justice Department’s Criminal Division, U.S. Attorney Ariana Fajardo Orshan of the Southern District of Florida, Special Agent in Charge George L. Piro of the FBI’s Miami Field Office, Special Agent in Charge Shimon R. Richmond of the U.S. Department of Health and Human Services Office of Inspector General’s (HHS-OIG) Miami Regional Office and Special Agent in Charge John F. Khin of the Department of Defense Office of Inspector General – Defense Criminal Investigative Service (DCIS)’s Southeast Field Office made the announcement.

Marjorie Robinson, 61, of Wilton Manors, Florida, was sentenced by Chief U.S. District Judge K. Michael Moore of the Southern District of Florida.  Chief Judge Moore also ordered Robinson to pay $3.4 million in restitution, jointly and severally with her co-conspirators, and to forfeit the same amount.  Robinson pleaded guilty in September 2018 to one count of conspiracy to commit health care fraud.

According to admissions made as part of her plea agreement, from approximately 2013 to 2016, Robinson was a one-third owner of A.S.C. Pharmacy, Inc. (ASC), a now-defunct compounding pharmacy in Miami where Robinson worked as the pharmacist-in-charge.  Under Robinson’s ownership and direction, ASC designed and manufactured compounded creams by selecting certain ingredients not based on individualized patient need, but rather to maximize financial reimbursement to ASC from government and private insurance programs.  To carry out the fraudulent scheme, Robinson agreed with her co-conspirators to pay kickbacks to doctors and patient recruiters in exchange for prescriptions for ASC’s medically unnecessary compounded creams and to waive patient co-payments.  As a result of fraudulent claims submitted in connection with the scheme, TRICARE, Medicare and private insurance programs paid ASC approximately $3.4 million.  

Robinson was charged along with co-defendants Laszlo Teleszky, M.D., 68, of New Port Richey, Florida; Sheila Arucri, 57, of Davie, Florida; and Todd Schreier, 34, of Russell, Kentucky.  Teleszky, Arcuri and Schreier each pleaded guilty to conspiracy to commit health care fraud.  Teleszky and Arucri were sentenced on Nov. 27 to serve 16 months and 12 months and one day in prison, respectively.  Schreier is awaiting sentencing.

Ascanio Serna Jr. and Ascanio Serna Sr., both additional co-owners of ASC, were charged separately in this case.  Ascanio Serna Jr. pleaded guilty in August 2017 and was sentenced to serve 64 months in prison.  Ascanio Serna Sr. pleaded guilty in August 2018 and was sentenced to serve 37 months in prison.

The FBI, HHS-OIG, and DCIS investigated the case, which was brought as part of the Medicare Fraud Strike Force under the supervision of the Criminal Division’s Fraud Section and the U.S. Attorney’s Office for the Southern District of Florida.  Trial Attorney David Snider of the Fraud Section is prosecuting the case.

The Criminal Division’s Fraud Section leads the Medicare Fraud Strike Force. Since its inception in March 2007, the Medicare Fraud Strike Force, which maintains 14 strike forces operating in 23 districts, has charged nearly 4,000 defendants who have collectively billed the Medicare program for more than $14 billion.  In addition, the HHS Centers for Medicare & Medicaid Services, working in conjunction with the HHS-OIG, are taking steps to increase accountability and decrease the presence of fraudulent providers.