Thursday, September 02, 2021

Eleven More Individuals Plead Guilty To Oxycodone Distribution Offenses Involving Montgomery Physician

             Montgomery, Ala. –    Over the past several weeks, eleven individuals have appeared in federal court and pleaded guilty to charges of conspiring to unlawfully possess oxycodone with intent to distribute and for illegally distributing the prescription drug, announced Acting United States Attorney Sandra J. Stewart. Information about the defendants and the dates on which they pleaded guilty are as follows:

  • July 16, 2021- Joseph Anthony Coleman, 37, of Montgomery, Alabama.
  • August 3, 2021- Kambria Symone Robinson, 29, of Atlanta, Georgia.
  • August 4, 2021- Rubin Sanders, 30, of Atlanta, Georgia.
  • August 5, 2021- Towanna Lorrell Chapman, 36, of Montgomery, Alabama.
  • August 5, 2021- Jamal Anthony Thomas, 37, of Montgomery, Alabama.
  • August 24, 2021- Maurice Daughtry, 38, of Marietta, Georgia.
  • August 26, 2021- Melodie Donne Armer Cheatham, 38, of Savannah, Georgia.
  • August 30, 2021- Carlos D’Angelo Jones, 34, of Memphis, Tennessee.
  • August 30, 2021- Garren Charles Rogers, 35, of Houston, Texas.
  • September 1, 2021- Geniece Chadell Maxon, 33, of Lynwood, Illinois.
  • September 1, 2021- Robert Lee Thompson, 32, of Madison, Alabama.

 

            According to court documents, these defendants agreed among themselves and with others to obtain illegitimate and unlawful prescriptions for oxycodone, a Schedule II controlled substance, signed by a Montgomery, Alabama physician, Dr. D’Livro Lemat Beauchamp. In many cases, this was facilitated through a third-party without actually going to the physician’s office. The defendants would then fill those prescriptions at pharmacies located in and around Montgomery, give the oxycodone tablets to organizers of the conspiracy, and collect payment. Additionally, the organizers of the conspiracy and Beauchamp agreed that Beauchamp would receive $350.00 per unlawful prescription he signed. Statements made at the various plea hearings, indicated that defendants Daughtry and Rogers were among the organizers of the conspiracy. The scheme operated from 2012 until April of 2020. However, each defendant did not necessarily participate for all or even most of that period.

            In total, these eleven defendants unlawfully obtained, possessed with the intent to distribute, and, in most cases, did distribute, approximately 38,780 30-milligram oxycodone tablets, which is equal to 1,163,400 milligrams of the drug.

            For his part in the scheme, on October 20, 2020, Dr. Beauchamp pleaded guilty to the same offense. Likewise, on March 30, 2021, another one of the organizers, Deandre Varnel Gross, entered a guilty plea. Finally, two other defendants in the case, Shayla Denise Moorer and Naaman Rashad Jackson, pleaded guilty earlier this summer. As noted in their press release, Moorer and Jackson each unlawfully received payments for filling oxycodone prescriptions and transferring oxycodone tablets.

            In the coming months, United States District Judge Myron H. Thompson will conduct a sentencing hearing for each of the defendants discussed above. At his or her sentencing hearing, each defendant will face a maximum sentence of 20 years of imprisonment, a maximum fine of $1,000,000.00, and other monetary penalties.

            Cases against other co-conspirators named in the indictment are still pending. Those defendants are presumed innocent until found guilty beyond a reasonable doubt in a court of law.

            “It is disturbing how so many are willing to jeopardize the well-being of the community simply to make a few extra dollars,” stated Acting United States Attorney Stewart. “The drugs distributed through the work of this conspiracy were powerful opioids, capable of destroying lives and families. We will never be able to account for the harm caused by the collective action of this group. I am glad that, after many years and many pills pouring into our communities, these defendants are being held to account for their actions.”

            "Those who choose to violate laws designed to ensure the safe and legal dispensation of pharmaceutical drugs will not escape the scrutiny of DEA by attempting to hide criminal activity and placing unbridled greed before health and safety,” said DEA Assistant Special Agent in Charge Towanda Thorne-James.

            The Drug Enforcement Administration’s Tactical Diversion Squad investigated this case, assisted by the United States Department of Health and Human Services – Office of Inspector General and the Shelby County, Alabama Sheriff’s Office. Assistant United States Attorneys Jonathan S. Ross and Alice S. LaCour are prosecuting the case.

Convicted felon sentenced to additional prison time after threatening witness and judge

 Gang member made threats after sentencing on weapons charge

BRUNSWICK, GA:  A convicted felon and gang member has been sentenced to more than a decade of additional time in federal prison after admitting he threatened a witness and a judge.

Wilbert Stephens, 29, of Brunswick, Ga., was sentenced to 174 months in prison after pleading guilty to Solicitation to Commit a Crime of Violence, and Mailing Threatening Communications, said David H. Estes, Acting U.S. Attorney for the Southern District of Georgia. U.S. District Court Chief Judge J. Randal Hall also ordered Stephens to pay $7,500 in restitution to one of the victims, and to serve three years of supervised release after completion of his prison term, which runs consecutively to the 120-month term Stephens already was serving for a prior conviction. There is no parole in the federal system.

“Serial criminal Wilbert Stephens already faced 10 years in prison for illegally possessing ammunition,” said Acting U.S. Attorney Estes. “Rather than take his well-deserved medicine, he chose to compound the crime by threatening those who held him accountable.”

As described in court documents and testimony, Stephens was indicted in U.S. District Court in 2018 along with 23 other defendants as part of a drug trafficking conspiracy. He later pled guilty to an Information charging him with Possession of Ammunition by a Convicted Felon and was sentenced in June 2020 to 10 years in prison. While being held in the Glynn County Detention Center awaiting transfer to prison, Stephens asked a relative to kill a witness, and wrote and mailed a threatening letter to a judge.  

“Stephens tried to use fear and intimidation to avoid being brought to justice. For this he will face steeper consequences,” said Chris Hacker, Special Agent in Charge of FBI Atlanta. “This sentence sends the message that the FBI will not permit cooperating witnesses and judges to be targeted like this, in an attempt to undermine the rule of law.”

The case was investigated by the FBI and the U.S. Marshals Service, and prosecuted for the United States by Assistant U.S. Attorney Marcela C. Mateo.

Nigerian hacker and a repeat offender sentenced to federal prison for unemployment fraud and tax fraud scheme

 ATLANTA – Bamidele Muraina, a Nigerian national who hacked into tax preparation firms and filed fraudulent unemployment benefit claims and tax returns using stolen personally identifiable information, and Gabriel Kalembo, a previously convicted fraudster who laundered the fraudulent assets, have been sentenced to federal prison.

“These defendants stole funds from programs meant to assist American workers and families seeking to make ends meet during the COVID-19 pandemic,” said Acting U.S. Attorney Kurt R. Erskine. “The collaborative efforts of our law enforcement partners were essential to disrupting a sophisticated network of criminals and bringing their leaders to justice.”

“The COVID-19 pandemic has had a devastating effect on us all. The enterprise created by these serial criminals further victimized our citizenry by robbing them of financial resources that were intended to help them,” said Special Agent in Charge Steven Baisel, U.S. Secret Service Atlanta Field Office. “Thanks to our judicial system, justice has been served.”

“Bamidele Muraina engaged in a conspiracy to defraud the Employment Security Department of Washington State (“ESD-WA”) by filing dozens of fraudulent unemployment insurance (UI) claims in the names of identity theft victims who were not entitled to such benefits. As part of the same conspiracy, Gabriel Kalembo and his conspirators laundered the unlawfully obtained UI benefits from ESD-WA by purchasing and then later negotiating hundreds of money orders. We will continue to work with our law enforcement partners and state workforce agencies to protect the integrity of unemployment insurance benefit programs,” said Rafiq Ahmad, Special Agent in Charge, Atlanta Region, U.S. Department of Labor Office of Inspector General.

“The sentencing of the defendants should serve as a deterrent to all who intend to exploit the COVID-relief programs that were designated to assist those in need during the pandemic,” said Tommy D. Coke, Inspector in Charge of the Atlanta Division of the United States Postal Inspection Service. “Postal Inspectors will continue to work with our law enforcement partners to investigate anyone that steals federal funds to enrich themselves and have them held accountable under the law.”

“The conspirators not only stole from the government but also victimized individuals and private businesses in this case,” said IRS Criminal Investigation Special Agent in Charge James E. Dorsey.  “Recovering from ID theft often costs time, money, and stress for all parties involved.  Thanks to successful partnerships with our agency counterparts and leveraging our financial expertise to serve and protect our communities from further harm.”

“These criminals shamelessly stole people’s hard-earned tax returns and money meant to help families during the pandemic, but thankfully they were exposed and are now facing justice,” said Special Agent in Charge Katrina W. Berger, who oversees Homeland Security Investigations (HSI) operations in Georgia and Alabama. “HSI and its law enforcement partners will continue to aggressively pursue those that seek to profit from these activities.”

According to Acting U.S. Attorney Erskine, the charges and other information presented in court: Bamidele Muraina was a Nigerian national residing in the metro Atlanta area at the time of his offenses. Between at least January 29, 2018 and continuing through approximately April 2020, Muraina hacked into multiple tax preparation and accounting firms located in several states, including a Brunswick, Georgia-based accounting firm.  Muraina obtained access to the firms’ accounts with a national tax preparation program, stole personally identifiable information from their clients, and filed more than 275 fraudulent individual income tax returns in their names via the Internet. In total, Muraina’s fraudulent tax returns using stolen identities sought refunds from the IRS exceeding $2.6 million from 2018 through 2020.

Between May 9, 2020 and May 16, 2020, Muraina used stolen personally identifiable information from Washington residents to submit false claims for unemployment insurance benefits in Washington. Muraina’s false claims exploited a federal COVID-19 pandemic relief program created by the Coronavirus Aid, Relief, and Economic Security (CARES) Act, which expanded eligibility for unemployment benefits and provided an additional unemployment benefit of $600 per week. Based on Muraina’s fraudulent claims submitted in the names of approximately fifty Washington residents over a one-week span, the State of Washington issued more than $280,000 in unemployment benefits.

Muraina directed fraudulent funds from his unemployment benefits scheme and tax fraud scheme to be deposited into bank accounts set up by co-conspirators, including Gabriel Kalembo, who was convicted in 2017 of conspiracy to commit wire and bank fraud in the Northern District of Georgia. Kalembo recruited Zambian nationals to travel to the United States on tourist visas to incorporate sham corporations in Georgia and open business bank accounts in the names of those corporations. After the fraudulent funds were deposited into those accounts, Kalembo laundered the funds by cashing money orders purchased with debit cards linked to the accounts.

Bamidele Muraina, 35, of Oyo, Nigeria was sentenced by U.S. District Judge William M. Ray II to five years and ten months in prison to be followed by three years of supervised release, and he ordered Muraina to pay $561,125.62 in restitution. 

Gabriel Kalembo, 33, of Atlanta, Georgia was sentenced by Judge Ray to four years and two months in prison to be followed by two years of supervised release, and he ordered Kalembo to pay $298,008.71 in restitution.

This case was investigated by the U.S. Secret Service, the Department of Labor Office of Inspector General, the Internal Revenue Service Criminal Investigation, the Department of Homeland Security-Homeland Security Investigations, and the United States Postal Inspection Service.

Assistant U.S. Attorneys Nathan P. Kitchens, Chief of the Public Integrity and Special Matters Section, Sarah E. Klapman, and Lauren T. Macon are prosecuting the case.

Anyone with information about allegations of attempted fraud involving COVID-19 can report it by calling the Department of Justice’s National Center for Disaster Fraud (NCDF) Hotline at 866-720-5721 or via the NCDF Web Complaint Form at: https://www.justice.gov/disaster-fraud/ncdf-disaster-complaint-form.

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

T&A Crips member who killed rival gang member, shot at potential witness sentenced to 30 years in prison

 COLUMBUS, Ohio – One of 19 defendants charged in a Columbus gang-related racketeering conspiracy was sentenced in U.S. District Court today to 30 years in prison for his part in furthering the violence of the local Crips gang.

Jonathan Dantzler, 29, murdered a rival gang member and shot at a potential witness in 2012. He is one of 19 defendants charged in 2018 as part of the local gang T&A Crips.

T&A Crips derived its name from Trevitt and Atcheson streets in the King-Lincoln District of Columbus, where its members predominantly reside. T&A controlled the neighborhood through intimidation, fear and violence. Gang members were expected to retaliate with acts of violence when their members and associates were disrespected, threatened, intimidated or subjected to acts of violence.

Specifically, the co-conspirators in this case are charged with five murders:

the murder of Franky Tention on July 1, 2012, in the area of 431 Ellison Street;

the murder of William Moore on March 15, 2013;

the murder of Marvin Ector on December 23, 2013, on East 5th Avenue;

the murder of Quincy Story on January 24, 2015; and

the murder of Deonte Fisher on March 4, 2016.

As part of his guilty plea in May 2021, Dantzler admitted to shooting Franky Tention in 2012. According to court documents, Dantzler shot at the victim because he was a member of the rival “Milo Bloods” gang and was driving into T&A territory in a “sign of disrespect.” 

Dantzler also discharged a firearm into the residence of a potential witness to intimidate her from cooperating with law enforcement authorities.

Vipal J. Patel, Acting United States Attorney for the Southern District of Ohio; Roland Herndon, Special Agent in Charge, Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF); Dan Leeper, Acting Special Agent in Charge, Federal Bureau of Investigation (FBI), Cincinnati Division; Columbus Police Chief Elaine Bryant; and United States Marshal Pete Tobin announced the sentence imposed today by U.S. District Judge Michael H. Watson. Assistant United States Attorneys Kevin W. Kelley and Noah R. Litton are representing the United States in this case.

Drug Court Research, Development, and Resource Updates

 

The Office of Justice Programs (OJP) serve multiple roles in supporting drug court practitioners. NIJ funds research on drug court processes, impact, and cost-efficiency. The Office of Juvenile Justice and Delinquency Prevention (OJJDP) supports juvenile, family, and tribal drug court programs through financial grants and other assistance. The Bureau of Justice Assistance (BJA) provides financial grants and other assistance to build drug court capacity for evidence-based practice and increase participation among appropriate target populations. 

Get an updated overview on the various drug court support resources offered across OJP

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Wednesday, September 01, 2021

North Las Vegas Man Sentenced For Kidnapping And Sexually Exploiting A Minor

LAS VEGAS, Nev. – A North Las Vegas man was sentenced Tuesday to 16 years and four months in prison for kidnapping a girl in Arizona and repeatedly sexually assaulting her at his house in North Las Vegas, where he held her hostage.

“The sentence imposed by the Court reflects the serious nature of the defendant’s crimes,” said Acting U.S. Attorney Christopher Chiou for the District of Nevada. “Our office is grateful to the victim in this case for exemplifying strength and courage, and we’re thankful for the FBI’s and North Las Vegas Police Department’s hard work, which helped ensure the defendant’s conviction.”

“I am extremely proud of the collaborative effort put forth to ensure this defendant was brought to justice and will no longer be able to harm children again,” said Special Agent in Charge Aaron C. Rouse for the FBI. “Knowing that the defendant will serve the next 16 years in federal prison, ensures there is one less predator victimizing the most innocent and vulnerable members of our community. Our community is a lot safer because of today’s sentencing.” 

According to court documents, Jimmy Carter Kim, 32, met and communicated with a 14-year-old girl through a social media application. Sometime between November 2 and 3, 2015, he and the victim met in person in Bullhead City, Arizona. Kim kidnapped the girl and drove them to his residence in North Las Vegas, where he held her hostage in a locked room for one month. He repeatedly sexually assaulted the victim, and took photos and videos of the assaults. On December 3, 2015, the victim escaped and called the police. Kim was arrested the same day.

Kim pleaded guilty to one count of sexual exploitation of children. In addition to the prison term, U.S. District Judge Richard F. Boulware II sentenced Kim to 36 years of supervised release.

Acting U.S. Attorney Chiou and Special Agent in Charge Rouse made the announcement.

This case was investigated by the FBI with assistance by the North Las Vegas Police Department. Assistant U.S. Attorneys Elham Roohani and Christopher Burton prosecuted the case.

Co-Founder Of Investment Fund Sentenced To 4 Years In Prison For Defrauding Investors Of Over $25 Million

 Jason Rhodes Served as Chief Investment Officer and Chief Risk Officer While Defrauding Investors

Audrey Strauss, the United States Attorney for the Southern District of New York, announced that JASON RHODES, the co-founder, chief investment officer, and chief compliance officer for Sentinel Growth Fund Management, LLC (“Sentinel”), was sentenced today by U.S. District Judge Sidney H. Stein to 48 months in prison for securities fraud, wire fraud, investment adviser fraud and conspiracy charges.  Those charges relate to RHODES’s participation in a scheme to defraud over 25 investors in Sentinel out of more than $25 million by lying to the investors and using investor funds for his own personal use and to make repayments to earlier investors in a Ponzi-like manner.   

U.S. Attorney Audrey Strauss said:  “Jason Rhodes defrauded investors in the fund he co-founded of more than $25 million through years of lies and deceit.  This conduct is made even worse by the fact that Rhodes served as the chief investment officer and Chief Risk Officer of Sentinel, roles in which it was his direct responsibility to safeguard investor funds.  Rhodes will now serve four years in prison for his crimes.”

According to the Indictment and other Court filings:

Beginning in at least 2013 and through in or about December 2016, RHODES, together with his co-conspirators, solicited investments in Sentinel by falsely representing to investors that their funds would be used for legitimate, specified, investment purposes, namely purchasing securities.  In fact, RHODES failed to invest the investor monies as promised, but rather diverted investor funds to his own personal use and the personal use of his co-conspirators and, in a Ponzi-like manner, used them to make repayments to other investors who were demanding their money.  Among other things, RHODES diverted investor funds to a trucking business operated by RHODES and his wife; used them to pay more than $1 million to settle an unrelated civil lawsuit filed against RHODES and one of his co-conspirators; and expended them on other, personal expenses including a resort stay in Dubai and a luxury time-share vacation club.  Through this scheme, RHODES and his co-conspirators defrauded over 25 investors out of more than $25 million.

Among other fraudulent acts, RHODES and a co-conspirator falsified an account statement for an investor (“Investor-1”) to conceal the fact that RHODES and his co-conspirators had misappropriated most of the $4.2 million Investor-1 had invested in Sentinel.  After Investor-1 discovered the fraudulent nature of the account statement, RHODES, working with others, obtained funds from yet another investor (“Investor-2”) in order to make payments to Investor-1.  RHODES and his co-conspirators then, on multiple occasions, created fraudulent reports for Investor-2, falsely reflecting that Investor-2’s funds were invested with portfolio managers in Sentinel’s brokerage accounts and were earning returns.  In truth and in fact, and as RHODES well knew, Investor-2’s funds had been almost entirely misappropriated upon their receipt to repay Investor-1 and were not being managed by portfolio managers on Sentinel’s platform. 

*                      *                      *

RHODES, 48, of Rowayton, Connecticut, was also sentenced to three years of supervised release and ordered to pay restitution and forfeiture of $25,451,801.

Ms. Strauss praised the work of the FBI.  She also thanked the Securities and Exchange Commission for its assistance.  

This case is being handled by the Office’s Securities and Commodities Fraud Task Force.  Assistant U.S. Attorney Jared Lenow is in charge of the prosecution. 

Former Vice President of Mercyhealth in Janesville & Owner of Marketing Agency Charged in Kickback Scheme

 MADISON, WIS. – Timothy M. O’Shea, Acting United States Attorney for the Western District of Wisconsin, announced that Barbara Bortner, 57, Milton, Wisconsin, and Ryan Weckerly, 46, Sycamore, Illinois, were charged today with wire fraud.  In addition, Bortner was charged with tax evasion and Weckerly was charged with aiding and abetting in the preparation of a false income tax return. 

Bortner and Weckerly were charged by an information filed in U.S. District Court today, waiving their right to indictment by a grand jury.  Bortner and Weckerly have both agreed to plead guilty to the wire fraud and tax charges.  Their plea hearings have not been scheduled. 

The wire fraud and tax charges stem from Bortner and Weckerly’s involvement in a kickback scheme while she was the Vice President of Marketing at Mercyhealth based in Janesville, Wisconsin.  Weckerly was the owner of Morningstar Media Group, a marketing agency based in Sycamore, Illinois.  Beginning in February of 2015, Bortner and Weckerly devised a plan whereby he would submit inflated invoices to Bortner for his marketing work for Mercyhealth.  Bortner and Weckerly agreed that he would provide monetary kickbacks to Bortner for the funds he received from the inflated invoices.  In return, Bortner agreed she would continue to use Morningstar Media Group as the primary marketing agency for Mercyhealth.  The kickback scheme continued until June of 2020 and involved over $3,000,000.

The tax charge against Bortner involves her failure to report the proceeds of the kickback scheme as gross income on her federal tax return for calendar year 2018. Weckerly’s aiding and abetting charge stems from Weckerly providing Bortner with a false Form 1099 for calendar year 2019 that underreported her compensation from Weckerly by excluding the amount of money received in the kickback scheme.

The charges against Bortner and Weckerly were a result of an investigation conducted by IRS Criminal Investigation.  The prosecution of the case has been handled by Assistant U.S. Attorney Aaron Wegner.

Former Madison County Pharmacy Owner Sentenced for Health Card Fraud

 SYRACUSE, NEW YORK - Jennifer Caloia, age 57, a licensed pharmacist who owned and operated Dougherty Pharmacy in Morrisville, New York, from 1998 to 2015, was sentenced today in federal court in Utica to serve a two-year term of probation, perform 80 hours of community service, a fine in the amount of $10,000.00, a special assessment of $100 after previously pleading guilty to one felony count of health care fraud.

The announcement was made by Acting United States Attorney Antoinette T. Bacon; Janeen DiGuiseppi, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI); Scott J. Lampert, Special Agent in Charge of the New York Regional Office of the U.S. Department of Health and Human Services, Office of Inspector General (HHS OIG); Ralph D. Tortora III, Regional Director, New York Attorney General’s Medicaid Fraud Control Unit, Syracuse Office; Carol S. Hamilton, Regional Director, U.S. Department of Labor Employee Benefits Security Administration (DOL EBSA); and Shirin Emami, Acting Superintendent, New York State Department of Financial Services.

In pleading guilty previously, Jennifer Caloia admitted that between 2011 and 2015 she defrauded public and private health insurance programs by submitting false and fraudulent claims for prescription drugs that the pharmacy did not dispense. Caloia also admitted that customers submitting prescriptions for medications had their health insurance providers billed for more expensive drugs than those prescribed. To facilitate this scheme, Caloia changed the names of some of the prescription drugs in the software she used to communicate with insurance companies and to print drug labels, which allowed her to submit her fraudulent claims while providing the customer with the appropriate labels and instructions. Evidence presented to the court in support of Caloia’s guilty plea also revealed that in at least a few instances she dispensed a drug different than what a customer’s doctor had prescribed as part of her scheme to defraud. Caloia no longer owns or operates Dougherty Pharmacy.

In sentencing Caloia, United States District Judge David N. Hurd also ordered her to pay restitution in the amount of $110,431.02 to the public and private insurers affected by her fraud scheme.

In separately negotiated civil settlements with the Civil Division of the United States Attorney’s Office for the Northern District of New York and the New York State Attorney General’s Office, Caloia and her company agreed to pay $92,308.76 related to her submission of false claims to public insurers such as Medicare and Medicaid. The civil settlement resolves a whistleblower lawsuit filed under the qui tam provisions of the federal and New York False Claims Acts, which allow private persons, knowns as “relators,” to file civil actions on behalf of the government and share in any recovery.  The relator in this case will receive $18,461.75 of the settlement proceeds. The federal civil case is docketed with the United States District Court for the Northern District of New York under number 6:17-cv-92 (BKS/ATB).

This case was investigated by the Federal Bureau of Investigation (FBI); the U.S. Department of Health and Human Services, Office of Inspector General (HHS OIG); the U.S. Drug Enforcement Administration (DEA), the U.S. Department of Labor-Employee Benefits Security Administration (DOL EBSA), New York Attorney General’s Medicaid Fraud Control Unit; and the New York State Department of Financial Services, and it is being prosecuted by Assistant U.S. Attorney Michael F. Perry. The civil investigation is being handled by Assistant United States Attorney John Hoggan and New York Attorney General’s Medicaid Fraud Control Unit, Syracuse Office Regional Director Ralph D. Tortora III.

Providence Man Pleads Guilty to Firearm and Drug Charges

 PROVIDENCE, R.I. – A Providence man arrested during an FBI Safe Streets Task Force investigation into the sale of firearms and drugs in Providence and Woonsocket has pleaded guilty to drug trafficking and firearm charges.

Joel Figueroa, 25, pleaded guilty on Monday to two counts of distribution of crack cocaine and one count of being a felon in possession of a firearm. Figueroa will be sentenced by U.S. District Court Judge Mary S. McElroy on November 18, 2021.

According to information presented to the court, on February 13, 2020, Figueroa arranged via a social media application to sell crack cocaine and a firearm to an individual the following day. On February 14, 2020, Figueroa sold a person just over five grams of crack cocaine for $265 and arranged to sell that person a firearm.  Later that day, Figueroa obtained a .22 caliber long rifle pistol from an unidentified male and transferred it in exchange for $300 to the person to whom he had sold crack cocaine. A month later, Figueroa sold the same person more than seven grams of crack cocaine, again making the arrangements through a social media application. 

According to court documents, at the time Figueroa transferred the firearm to another individual he was serving a five-year suspended state sentence for possession with the intent to deliver cocaine.

At sentencing in federal court in November, Figueroa faces statutory penalties of up to a total of 50 years in federal prison.

Joel Figueroa’s guilty plea is announced by Acting United States Attorney Richard B. Myrus.

The case is being prosecuted by Assistant U.S. Attorney Stacey P. Veroni.

Two Harford County Narcotics Dealers Plead Guilty to Participating in a Conspiracy to Sell Crack Cocaine

 Murphy and Bolden Obtained Cocaine from a Supplier in Delaware and Sold At Least 112 grams of Crack Cocaine

Baltimore, Maryland – Reginald Leon Bolden, age 37, of Harford County, Maryland and Tremayne Gerrad Murphy, age 40, of Harford County, Maryland pleaded guilty yesterday to conspiracy to distribute cocaine base.    

The guilty pleas were announced by Acting United States Attorney for the District of Maryland Jonathan F. Lenzner; Harford County State’s Attorney Albert J. Peisinger, Jr.; Assistant Special Agent in Charge Orville O. Greene of the Drug Enforcement Administration, Baltimore District Office; Chief Melissa R. Hyatt of the Baltimore County Police Department; Sheriff Jeff Gahler of the Harford County Sheriff’s Office; and the Harford County Narcotics Task Force comprised of members of the Harford County Sheriff's Office, Aberdeen Police Department, Bel Air Police Department, and Havre de Grace Police Department.

According to their guilty pleas, as a result of the Harford County Narcotics Task Force investigation into a drug trafficking organization (DTO) distributing powder and crack cocaine, Murphy, Bolden, and Joel Hammond were identified as DTO members. Law enforcement also observed numerous instances of drug-related activities.

For example, on February 24, 2020, investigators surveilled Bolden and Murphy as they traveled to Wilmington, Delaware to meet with a cocaine supplier. After completing the transaction for nine ounces of cocaine, Bolden and Murphy returned to Harford County to distribute the cocaine. Two days later, Murphy was observed traveling to a Wilmington, Delaware casino to return the cocaine to the original supplier as customers complained about the quality of the cocaine. 

After meeting with the source, detectives followed Murphy back to Harford County where Murphy was observed conducting a hand-to-hand drug transaction.

As stated in their plea agreements, on March 15, 2020, Bolden was intercepted regarding the purchase of three ounces of crack cocaine from co-defendant Hammond.  Bolden had arranged the transaction through a co-conspirator, who transported money to Hammond and received a small backpack from Hammond, which investigators believed contained the cocaine.

The co-conspirator, Murphy, and Bolden determined when Murphy could retrieve the cocaine. After the conversation, investigators observed the co-conspirator exit his residence with the same small backpack of suspected cocaine and briefly enter a vehicle operated by Murphy. Once the conspirator quickly exited Murphy’s vehicle without the backpack, Murphy subsequently traveled to Bolden’s residence.

After a brief period of time, Bolden was observed exiting Hammond’s residence and proceeded to return to Harford County. As Bolden returned to Harford County, members of the Harford County Narcotics Task Force executed a search warrant on his vehicle where law enforcement seized 16 grams of powder cocaine, 41 grams of crack cocaine, and $660 in cash.  

As a result of a search warrant executed at Bolden’s residence, law enforcement recovered 12 grams of crack cocaine, $2,785 in cash, numerous items of packaging material, and a digital scale containing cocaine residue.

As a member of the DTO, Bolden agrees that it is reasonably foreseeable that the amount of crack cocaine sold was at least 280 grams but less than 840 grams.

Murphy and the government have agreed that, if the Court accepts the plea agreement, Murphy will be sentenced to between 60 months and 92 months in federal prison. U.S. District Judge Richard D. Bennett has scheduled sentencing for December 2, 2021 at 11 a.m. 

Bolden and the government have agreed that, if the Court accepts the plea agreement, Bolden will be sentenced to between eight years and nine years in federal prison. U.S. District Judge Richard D. Bennett has scheduled sentencing for November 2, 2021 at 11 a.m. 

Co-defendant Joel Hammond pleaded guilty to conspiracy to distribute and possess with the intent to distribute cocaine base on July 1, 2021. If the court accepts the plea agreement, Hammond will be sentenced to six years in federal prison. His sentencing is set for October 27, 2021 at 11 a.m.

            Acting United States Attorney Jonathan F. Lenzner commended the DEA, the Harford County State’s Attorney’s Office, the Harford County Narcotics Task Force, and the Baltimore County Police Department for their work in the investigation.  Mr. Lenzner thanked Special Assistant U.S. Attorney Christopher J. Romano, who is prosecuting the case.

Ithaca Man Sentenced to 13 Years for Attempted Online Enticement of a Minor

 SYRACUSE, NEW YORK - Jeffrey Blake, age 51, of Ithaca, New York, was sentenced today to serve 160 months (thirteen years and four months) in federal prison for attempted online enticement of a minor, announced Acting United States Attorney Antoinette T. Bacon and Janeen DiGuiseppi, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI). 

As part of his guilty plea Blake admitted that between June 12, 2019 and August 23, 2019, he exchanged text messages with an undercover officer he believed was the mother of 9 and 13 year old girls.  In those messages, Blake expressed an interest in meeting the children and engaging in sex acts with them. He also communicated by text messaging with the undercover agent posing as each of the children.  In those communications Blake assured the children that sex with him would not be painful, and that he would take precautions to keep the 13-year-old from getting pregnant.  On August 23, 2019, Blake drove to a pre-determined location in Broome County to meet and have sex with the children.  He brought with him vibrators and birth control  as well as necklaces, bracelets, earrings, and stuffed animals that he planned to give to the children as gifts.  Blake was then encountered by law enforcement and arrested. 

Senior United States District Judge Thomas J. McAvoy also imposed a 10 term of supervised release, which will start after Blake is released from prison, and ordered Blake to pay a $100 special assessment. As a result of his conviction, Blake will be required to register as a sex offender upon his release from prison.

Blake’s case was investigated by the FBI Syracuse Mid-State Child Exploitation Task Force. This task force is comprised of FBI Special Agents and Investigators of the New York State Police, Bureau of Criminal Investigation (BCI) and is being prosecuted by Assistant U.S. Attorney Geoffrey J. L. Brown as part of Project Safe Childhood.

Wheeling man admits to methamphetamine distribution

 WHEELING, WEST VIRGINIA – Scott Everly, of Wheeling, West Virginia, has admitted to a drug charge, Acting U.S. Attorney Randolph J. Bernard announced.

Everly, also known as “Capt,” 70, pled guilty today to one count of “Distribution of Methamphetamine within 1000 Feet of a Protected Location.” Everly admitted to selling methamphetamine near Riverview Towers in Wheeling in July 2019.

Everly faces at least one year and up to 40 years of incarceration and a fine of up to $2,000,000. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.

Assistant U.S. Attorney Shawn M. Adkins is prosecuting the case on behalf of the government. The Ohio Valley Drug Task Force, a HIDTA-funded initiative, investigated.

U.S. Magistrate Judge James P. Mazzone presided.

Former Erie Man Sentenced to 13 Years for Selling Fentanyl that Caused a Fatal Overdose

 ERIE, Pa. - A former resident of Erie, Pennsylvania, has been sentenced in federal court to 13 years in jail on his conviction of violating federal drug laws, Acting United States Attorney Stephen R. Kaufman announced today.

Senior United States District Judge David S. Cercone imposed the sentence on Derrick Lamont Hemphill, Sr., 30 formerly of Erie, Pennsylvania.

According to information presented to the court, and as part of his guilty plea, Hemphill acknowledged his responsibility for the sale of fentanyl that caused the death of K.A.J. on November 26, 2017.

Assistant United States Attorney Paul S. Sellers prosecuted this case on behalf of the government.

Acting United States Attorney Kaufman commended the Erie County District Attorney’s Office County Detective Bureau, the Erie County District Attorney’s Office Drug Task Force, the Millcreek Township Police Department, and the Erie Police Department, with assistance from the Drug Enforcement Administration for the investigation leading to the successful prosecution of Hemphill.

Local man sentenced for possession of $5 million in meth

 CORPUS CHRISTI, Texas – A 21-year-old Penitas man has been ordered to federal prison for possessing with the intent to distribute 150 pounds of pure meth, announced Acting U.S. Attorney Jennifer B. Lowery.

Kevin Rangel-Sanchez pleaded guilty April 1.

Today, U.S. District Judge Drew B. Tipton ordered him to serve a 90-month sentence to be immediately followed by five years of supervised release. In handing down the sentence, Judge Tipton noted Rangel-Sanchez’s youth and lack of criminal history, while noting the need for a significant prison sentence to reflect the seriousness of the offense.   

On Nov. 30, 2020, Rangel-Sanchez drove a truck into the Border Patrol (BP) checkpoint located near Falfurrias. Authorities noticed that he appeared to be nervous and referred the vehicle to the secondary inspection area for an X-ray examination.

There, they observed anomalies in the vehicle’s tires and cut into them. That resulted in the discovery of steel boxes that had been welded around the rims inside the tires. Those  boxes were found to contain 24 foil-wrapped packages of meth weighing a total of 71 kilograms.

The drugs had an estimated street value of more than $5.2 million.

Rangel-Sanchez will remain in custody pending transfer to a U.S. Bureau of Prisons facility to be determined in the near future.

The Drug Enforcement Administration conducted the investigation with the assistance of Border Patrol. Assistant U.S. Attorney Robert D. Thorpe Jr. prosecuted the case.

Bridgeport Man Charged with Federal Robbery and Firearm Offenses

 Leonard C Boyle, Acting United States Attorney for the District of Connecticut, and James Ferguson, Special Agent in Charge, ATF Boston Field Division, today announced that a federal grand jury in Hartford returned an indictment yesterday charging DIJON CHAMPAGNIE, 21, of Bridgeport, with robbery and firearm offenses stemming from a violent drug-related robbery in West Haven.

As alleged in the indictment, on July 1, 2019, Champagnie robbed narcotics from an individual by means of actual and threatened force, violence and fear of injury.  During the robbery, Champagnie brandished and discharged a firearm.

Champagnie has been detained in state custody since his arrest on related state charges on July 20, 2019.

The indictment charges Champagnie with one count of interference with commerce by robbery (Hobbs Act robbery), which carries a maximum term of imprisonment of 20 years, and one count of possession and discharge of a firearm in furtherance of a crime of violence, which carries a mandatory minimum term of imprisonment of 10 years and a maximum term of life imprisonment.

Acting U.S. Attorney Boyle stressed that an indictment is not evidence of guilt.  Charges are only allegations, and the defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt.

This matter is being investigated by Bureau of Alcohol, Tobacco, Firearms, and Explosives, and the West Haven, New Haven and Hartford Police Departments.  The case is being prosecuted by Assistant U.S. Attorney Angel M. Krull.

This case is part of Project Safe Neighborhoods (PSN), the centerpiece of the Department of Justice’s violent crime reduction efforts.  PSN is an evidence-based program proven to be effective at reducing violent crime.  Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them.  As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.

Native Mob Gang Members Sentenced to Prison for Assault in Aid of Racketeering, Methamphetamine Distribution

 MINNEAPOLIS – Three Native Mob gang members have been sentenced to prison for methamphetamine distribution and assault.

According to court documents, Robin Lee Lussier, a/k/a Ratchet, 32, Willard Duane Reed, III, a/k/a Left, a/k/a Leftfield, 26, and Joshua Adam Hanks, a/k/a Souless, 25, were active members of the Native Mob gang, a criminal enterprise whose members and associates engage in and have engaged in acts of violence, including murder, attempted murder, robbery, and assault. Between December 1, 2015 and January 1, 2019, Lussier and Reed conspired with each other and others to traffic pound-quantities of methamphetamine throughout northern Minnesota, including but not limited to Cass Lake, Bemidji, and the Red Lake Indian Reservation.

According to court documents, in November 2018, after receiving information about another fellow gang member’s failure to abide by the rules of the Native Mob, Lussier directed Hanks to carry out an assault against the individual. Hanks admitted that on December 5, 2018, he intentionally assaulted the individual, in part, to maintain or increase his own position within the Native Mob.

Lussier pleaded guilty to conspiracy to distribute methamphetamine and assault resulting in serious bodily injury in aid of racketeering activity and was sentenced to 192 months in prison followed by five years of supervised release. Reed pleaded guilty to conspiracy to distribute methamphetamine and was sentenced to 120 months in prison followed by five years of supervised release. Hanks pleaded guilty to aiding and abetting assault resulting in serious bodily injury in aid of racketeering activity and was sentenced to 30 months in prison followed by three years of supervised release.

Acting U.S. Attorney W. Anders Folk for the District of Minnesota made the announcement after Senior U.S. District Judge Michael J. Davis sentenced the defendant.

This case was the result of an investigation conducted by the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Minnesota Bureau of Criminal Apprehension, the Minnesota Department of Corrections, the Drug Enforcement Administration, and Red Lake Tribal Police Department.

This case was prosecuted by Assistant U.S. Attorneys Andrew R. Winter and Bradley M. Endicott.

Escondido Man Sentenced to 168 months in Fentanyl Overdose Death of Camp Pendleton Marine

SAN DIEGO – Kyle Anthony Shephard was sentenced in federal court today to 168 months in prison for supplying the fentanyl that led to the fatal overdose of a 25-year-old U.S. Marine corporal stationed at Camp Pendleton.

Shephard pleaded guilty in March, admitting that on the evening of January 27, 2017, he met with the Marine in Escondido and sold him four pills containing fentanyl that caused his death later that night or early the next morning. On January 28, 2017, the young man’s body was discovered on Camp Pendleton in his barracks room by fellow Marines who became concerned when he failed to respond to phone calls and knocks on his door.

The initial investigation was conducted by Naval Criminal Investigative Service (NCIS) agents, who continued to pursue leads for almost a year while the case remained unsolved. Shephard was arrested on December 13, 2017 by members of the San Diego Sheriff’s Department while executing a search warrant at a local casino. Found in Shephard’s hotel room were 1,362 pills containing fentanyl, thousands in cash, packaging material, and four cell phones. A co-conspirator arrested earlier in the evening admitted to law enforcement that she and Shephard were aware they were dealing one of the “deadliest drugs.”

The Marine’s mother attended the sentencing and asked a friend to read her prepared statement: “On January 29, 2017, we received the dreaded knock at the door, in the middle of the night.  The Marines came to inform us that (her son) was found unresponsive in his barracks. I now suffer with PTSD, and when I hear anyone at my door, it’s a trigger and I automatically panic with my heart dropping into the ground. I cannot put into words how (her son’s) death destroyed our family. Our family is forever changed. Nothing is, or will ever be, the same. I miss (my son) with every cell and fiber of my being. The pain is unimaginable and excruciating.”

The mother said that her son “joined the Marines when he was 21 years old. He wanted to serve our country. He chose the Marines because he wanted to take the toughest and most challenging route. His desire was to join the Infantry Division to be on the front lines.”

She noted that he “had a true passion for animals. He was signed up for a trip to Africa when he finished his tour with the Marines, to protect wildlife from poachers. He was only six months away from completing his four years. After Africa he wanted to go to Veterinary School.”

At today’s sentencing hearing, U.S. District Judge Cynthia A. Bashant said, “Drug traffickers never consider the impact of their actions on families. Drug traffickers destroy lives even when it doesn’t result in death.”  Judge Bashant noted that she wished a statement like the one made by the Marine’s mother could be made at every sentencing to make it clear the devastating impact drug trafficking has on families.   

Acting U.S. Attorney Randy Grossman said: “Another young life has been lost and a family destroyed because of fentanyl. Drug dealers who know their actions could have this outcome, and yet they peddle their poison anyway, must pay a stiff price. We will continue to aggressively pursue all those up the chain of distribution in these cases to ensure justice is served.” Grossman had high praise for prosecutors Timothy Coughlin and Michael Kaplan, as well as San Diego Sheriff’s Department detectives and NCIS agents who pursued this investigation and prosecution for more than four years.

For those who suffer from addiction, please know there is help. Call the Crisis line at 888-724-7240; it’s always open.

DEFENDANT                                               Case Number 18cr5574-BAS

Kyle Anthony Shephard                                 Age: 29                       Escondido, California

SUMMARY OF CHARGES

Conspiracy to Possess with Intent to Distribute a Controlled Substance -Fentanyl – Title 21 U.S.C. Section 841(a)(1) and 846

Maximum Penalties – Twenty years in prison,  at least four years of supervised release and $1 million fine.

INVESTIGATING AGENCIES

Naval Criminal Investigative Services

San Diego County Sheriff’s Department

SWGA Woman Pleads Guilty to Wire Fraud in Whole Life Policy Scheme

 VALDOSTA, Ga. – A Norman Park, Georgia, resident pleaded guilty to wire fraud for defrauding a life insurance settlement company after falsely claiming herself as the recipient of a large policy on an individual who was in fact alive at the time of the fraud.

Brandi L. Browning, 35, of Norman Park, pleaded guilty to wire fraud before U.S. District Judge Louis Sands on Tuesday, August 31. Browning faces a maximum sentence of 20 years in prison to be followed by three years of supervised release and a $250,000 fine, as well as mandatory restitution to the victim of the fraud. A sentencing date has been scheduled for December 9, 2021, in Albany, Georgia.

“Stealing from companies is not a victimless crime; it directly impacts people’s livelihoods by harming businesses that employ them. The ripple effect of this type of theft can be far-reaching,” said Peter D. Leary, the Acting U.S. Attorney for the Middle District of Georgia. “Working with our local, state and federal law enforcement partners, our office will hold fraudsters accountable.”

“To falsify the death of a person to commit insurance and wire fraud is truly reprehensible,” said Clint Bush, United States Secret Service, Resident Agent in Charge. “The United States Secret Service, along with our local, state and federal law enforcement partners will continue to aggressively investigate those who choose to commit this and other types of fraud in our community and around the nation.”

“When an individual commits fraud against a company, it affects hardworking citizens doing the right thing. This interstate case is an example of agencies working together across state lines to hold lawbreakers accountable,” said GBI Director Vic Reynolds.

According to court documents, Browning contacted a Kansas City financial company in late 2017, expressing a desire to sell a pending life insurance claim. Browning told the company that a friend had died in a car accident, and under the friend’s life insurance policy, Browning was entitled to receive $250,000. Browning further told the Kansas City financial company that she was willing to sell her right to the $250,000 policy in exchange for $217,500. While the person Browning named did in fact have such a life insurance policy, Browning was not the named beneficiary of that policy, nor had the insured person died in an accident.

To further her fraud, Browning provided falsified documents and other fraudulent information to the Kansas City financial company, including an agreement with a fictitious attorney which claimed Browning was a party to a wrongful death lawsuit arising from the made-up car accident. As a result of the fraud, on January 5, 2018, the company wired $217,500 to a bank account that belonged to Browning’s mother-in-law, who was unaware of the fraud. Browning told her mother-in-law that the money was an inheritance her husband had received, and that same day checks were written to purchase two vehicles for Browning and her husband, as well as a $128,329 manufactured home in Browning’s name. Within weeks, all of the $217,500 had been spent.

The case was investigated by the U.S. Secret Service, the Georgia Bureau of Investigation (GBI), and the Sedgewick County, Kansas, District Attorney’s Office.

Assistant U.S. Attorney Robert D. McCullers is prosecuting the case for the Government.

North Las Vegas Man Sentenced For Kidnapping And Sexually Exploiting A Minor

 LAS VEGAS, Nev. – A North Las Vegas man was sentenced Tuesday to 16 years and four months in prison for kidnapping a girl in Arizona and repeatedly sexually assaulting her at his house in North Las Vegas, where he held her hostage.

“The sentence imposed by the Court reflects the serious nature of the defendant’s crimes,” said Acting U.S. Attorney Christopher Chiou for the District of Nevada. “Our office is grateful to the victim in this case for exemplifying strength and courage, and we’re thankful for the FBI’s and North Las Vegas Police Department’s hard work, which helped ensure the defendant’s conviction.”

“I am extremely proud of the collaborative effort put forth to ensure this defendant was brought to justice and will no longer be able to harm children again,” said Special Agent in Charge Aaron C. Rouse for the FBI. “Knowing that the defendant will serve the next 16 years in federal prison, ensures there is one less predator victimizing the most innocent and vulnerable members of our community. Our community is a lot safer because of today’s sentencing.” 

According to court documents, Jimmy Carter Kim, 32, met and communicated with a 14-year-old girl through a social media application. Sometime between November 2 and 3, 2015, he and the victim met in person in Bullhead City, Arizona. Kim kidnapped the girl and drove them to his residence in North Las Vegas, where he held her hostage in a locked room for one month. He repeatedly sexually assaulted the victim, and took photos and videos of the assaults. On December 3, 2015, the victim escaped and called the police. Kim was arrested the same day.

Kim pleaded guilty to one count of sexual exploitation of children. In addition to the prison term, U.S. District Judge Richard F. Boulware II sentenced Kim to 36 years of supervised release.

Acting U.S. Attorney Chiou and Special Agent in Charge Rouse made the announcement.

This case was investigated by the FBI with assistance by the North Las Vegas Police Department. Assistant U.S. Attorneys Elham Roohani and Christopher Burton prosecuted the case.

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.

Washington Resident Sentenced to Two Years in Prison for Healthcare Fraud

 BIRMINGHAM, Ala. – A federal judge today sentenced a Washington state resident for conspiracy to commit healthcare fraud, announced U.S. Attorney Prim F. Escalona and Federal Bureau of Investigation Special Agent in Charge Johnnie Sharp, Jr.

U.S. District Judge Annemarie C. Axon sentenced William Robert Fayant, 56, of Liberty Lake, Washington, to two years in prison.  Fayant pleaded guilty in March to one count of conspiracy to commit health care fraud. The court also ordered Fayant to forfeit nearly $85,000 and to repay more than $700,000 in restitution.

“This defendant unlawfully enriched himself by defrauding federally funded health care programs,” U.S. Attorney Escalona said. “As a result of today’s sentence, he will forfeit the money he made and will spend time in prison.”

 “Health care professionals who use fraud and deceit to steal funds and scam the system will be held accountable for their actions.” SAC Sharp said.  “Today’s sentencing shows individuals who commit fraud will be held responsible for their illegal actions. The FBI and our law enforcement partners will continue to work together to investigate allegations of health care fraud and ensure the integrity of Federal programs.”

According to the plea agreement, between 2016 and 2017, Fayant worked as a marketer and patient recruiter for InforMD and LabPharm, selling compounded and other high-reimbursing medications.  Fayant was paid a commission by InforMD and LabPharm  on each prescription that  was referred to the companies if insurance covered the cost.

In order to increase his commissions, Fayant forged a prescriber’s signature on multiple prescriptions for himself and several other members of his family.  Fayant also falsely authorized multiple refills. Fayant submitted the prescriptions to Alliance Allergy Solutions, a pharmacy based in Birmingham, Alabama, which then billed Express Scripts, Inc., and Medicare for the cost. ESI and Medicare paid at least $705,785 for these medically unnecessary medications, and the defendant received approximately $84,517 as commission payments for them.

FBI investigated the case.  Assistant U.S. Attorney John B. Ward prosecuted the case.

Detroit man sentenced to seven years for his role in a drug trafficking operation

 CLARKSBURG, WEST VIRGINIA – Tyron Terreono Adams, of Detroit, Michigan, was sentenced today to 84 months of incarceration for his role in a drug trafficking conspiracy, Acting U.S. Attorney Randolph J. Bernard announced.

Adams, 26, pled guilty in April 2021 to one count of “Conspiracy to Distribute Heroin and Cocaine Base,” one count of “Travel Act – Promotion,” four counts of “Unlawful Use of Communication Facility,” two counts of “Distribution of Heroin,” and one count of “Aiding and Abetting Distribution of Heroin.” Adams admitted to working with others to distribute fentanyl, cocaine base, also known as “crack,” and heroin from March 2018 to September 2020 in Monongalia County and elsewhere.

Assistant U.S. Attorney Zelda E. Wesley prosecuted the case on behalf of the government. The Drug Enforcement Administration, the Mon Metro Drug & Violent Crimes Task Force, a HIDTA-funded initiative, and the Monongalia County Sheriff’s Office investigated.

This prosecution is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) investigation. OCDETF identifies, disrupts, and dismantles the highest-level drug traffickers, money launderers, gangs, and transnational criminal organizations that threaten the United States by using a prosecutor-led, intelligence-driven, multi-agency approach that leverages the strengths of federal, state, and local law enforcement agencies against criminal networks.

Senior U.S. District Judge Irene M. Keeley presided.

Cincinnati man sentenced to 20 years in prison for creating child pornography of minor in his care at sleepover

 CINCINNATI – Scott Surgener, 43, of Cincinnati, was sentenced in U.S. District Court to 240 months in prison for sexually exploiting a minor.

According to court documents, from April 2018 through July 2019, Surgener engaged in sexually explicit conduct with a minor in his home for the purpose of taking pictures and videos of the sexual abuse. The pictures and videos were taken in Surgener’s residence while the victim, who was younger than 13, was in his care at child sleepovers.

In total, the defendant produced 28 videos and images of the exploitation.

Surgener was charged by a federal criminal complaint in October 2019 and has remained in custody since. He pleaded guilty in February 2021 to producing child pornography.

Surgener was also sentenced to 10 years of supervised release following imprisonment and ordered to pay $3,000 in victim restitution.

Vipal J. Patel, Acting United States Attorney for the Southern District of Ohio; Dan Leeper, Acting Special Agent in Charge, Federal Bureau of Investigation (FBI), Cincinnati Division; Hamilton County Sheriff Charmaine McGuffey and Springdale Police Chief Thomas Wells announced the sentence imposed yesterday evening by Senior U.S. District Judge Susan J. Dlott. Assistant United States Attorney Kyle J. Healey is representing the United States in this case.