UNLICENSED NURSE CONVICTED FOR HER ROLE IN FRAUDULENT HIV INFUSION CLINIC SCHEME

FROM:  U.S. JUSTICE DEPARTMENT 
Friday, December 20, 2013
Unlicensed Miami Clinic Nurse Convicted at Trial and Sentenced for Role in $11 Million HIV Infusion Fraud Scheme

An unlicensed nurse who fled after being charged in 2008 and was captured this year was sentenced today to serve 108 months in prison for her role in a fraud scheme that resulted in more than $11 million in fraudulent claims to Medicare.

Acting Assistant Attorney General Mythili Raman of the Justice Department’s Criminal Division, U.S. Attorney Wifredo A. Ferrer of the Southern District of Florida, Special Agent in Charge Michael B. Steinbach of the FBI’s Miami Field Office and Special Agent in Charge Christopher B. Dennis of the U.S. Department of Health and Human Services Office of Inspector General (HHS-OIG) Office of Investigations Miami Office made the announcement.

Carmen Gonzalez, 39, of Cape Coral, Fla., worked at St. Jude Rehabilitation Center, a fraudulent HIV infusion clinic in Miami, that was controlled by her cousins, Jose, Carlos and Luis Benitez, aka the Benitez Brothers.  Gonzalez was also sentenced for failing to appear at a June 2008 bond hearing.   The sentencing follows her conviction at trial to one count of conspiracy to defraud the United States to cause the submission of false claims and to pay health care kickbacks and one count of conspiracy to commit health care fraud.   Gonzalez had previously pleaded guilty to a separate charge of failure to appear.

Gonzalez was sentenced by Chief United States District Judge Federico A. Moreno in Miami, who also sentenced her to serve three years of supervised release.

Evidence at trial revealed that Gonzalez was an unlicensed nurse who paid thousands of dollars over a five month period to HIV beneficiaries so that St. Jude could submit millions of dollars in false and fraudulent claims to Medicare.  Gonzalez knew that St. Jude billed millions of dollars to Medicare for expensive HIV infusion therapy that was neither medically necessary nor provided.   Gonzalez fabricated patient medical records to facilitate and conceal the fraud, and these fabricated records were utilized to support the false and fraudulent claims submitted to Medicare on behalf of St. Jude.

On Oct. 17, 2013, Gonzalez pleaded guilty to knowingly and willfully failing to appear at a June 2008 hearing as directed by Judge Moreno.   Court documents reveal that Gonzalez was released on bond pending trial, but she knowingly and willfully failed to appear as directed by the court to a June 2008 hearing.

In January 2013, Gonzalez’s father, Enrique Gonzalez, was sentenced to 70 months in prison by U.S. District Judge Cecilia M. Altonaga in the Southern District of Florida for his role in separate health care fraud conspiracy.

The Benitez Brothers remain fugitives.   Anyone with information regarding their whereabouts is urged to contact HHS-OIG at 202-619-0088.

The case was investigated by the FBI and HHS-OIG, and 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.   This case was prosecuted by Trial Attorneys Allan Medina and Nathan Dimock of the Criminal Division’s Fraud Section.

Since its inception in March 2007, the Medicare Fraud Strike Force, now operating in nine cities across the country, has charged more than 1,700 defendants who have collectively billed the Medicare program for more than $5.5 billion.   In addition, HHS’s Centers for Medicare and Medicaid Services, working in conjunction with HHS-OIG, are taking steps to increase accountability and decrease the presence of fraudulent providers.

TENNESSEE RESIDENT PLEADS GUILTY IN CROSS BURNING CASE

FROM:  U.S. JUSTICE DEPARTMENT 
Friday, December 20, 2013
Tennessee Man Pleads Guilty to Federal Hate Crime for Cross Burning

Timothy Stafford, 41,  pleaded guilty today in federal court in Nashville, Tenn.,  for his role in the April 30, 2012, cross burning in front of an interracial family’s home in Minor Hill, Tenn., the Department of Justice announced.

Stafford pleaded guilty to conspiring with others to threaten, intimidate and interfere with an interracial couple’s enjoyment of their housing rights.  Stafford admitted in court that on the night of April 30, 2012, he and two other individuals devised a plan to burn a cross in the yard of an interracial couple in Minor Hill, Tenn..  Stafford constructed a wooden cross in a workshop behind his house.  Stafford and his co-conspirators then purchased diesel fuel and covered the cross in diesel fuel-soaked cloth.  Stafford then drove his conspirators and the cross to the victims’ residence.  Upon arriving at the residence, the other conspirators placed the cross in the driveway and ignited it.  Stafford and the conspirators chose to burn the cross at the victims’ house, because of their race, as well as the race of their child.  Stafford admitted to targeting the interracial couple because he did not want interracial dating in his community.

Ivan “Rusty” London IV, 21, of Lexington, Ky., previously pleaded guilty for his role in the conspiracy, and is currently awaiting sentencing.

“Hate motivated crimes will not be tolerated in our country,” said Jocelyn Samuels, Acting Assistant Attorney General for the Civil Rights Division.  “The Justice Department will vigorously prosecute individuals that violate the rights of others because of race.”

“The right to live in a community of your choosing, free of acts of intimidation that are meant to inspire fear, is a fundamental right in the United States,” said David Rivera, U.S. Attorney for the Middle District of Tennessee.  “The Department of Justice takes these transgressions very seriously and to the extent that individuals interfere with fundamental civil rights, they will be prosecuted to the full extent of the law.”

Timothy Stafford faces a statutory maximum of 10 years in prison.  Ivan London faces a statutory maximum of 5 years in prison.

This case was investigated by the Columbia, Tenn., Division of the FBI and is being prosecuted by Assistant U.S. Attorney Blanche Cook of the Middle District of Tennessee and Trial Attorney Jared Fishman of the Civil Rights Division.

FORMER CORRECTIONS OFFICER PLEADS GUILTY TO CIVIL RIGHTS VIOLATION

FROM:  U.S. JUSTICE DEPARTMENT 
Wednesday, December 18, 2013

Former S.C. Corrections Officer Pleads Guilty to Civil Rights Violation
Robin Smith, a former corrections officer at the Alvin S. Glenn Detention Center in Richland County, S.C., pleaded guilty today in federal court in Columbia, S.C., to violating the civil rights of a pre-trial detainee.

During his guilty plea, Smith admitted that on Feb. 11, 2012, while working as a corrections officer, he used unreasonable, unprovoked force against a restrained inmate with mental illness.  During the course of a routine search of the victim’s cell, Smith twisted the victim’s wrist and arm and kicked him in the upper body.  During the assault, the victim was lying on the floor of the cell with one hand cuffed.  The victim was not combative and did not pose a threat to Smith.

“The overwhelming majority of correctional officers dispatch their difficult duties with honor and professionalism,” said Acting Assistant Attorney General Jocelyn Samuels for the Civil Rights Division.  “The Justice Department will aggressively prosecute those who cross the line to engage in acts of criminal misconduct.”          

“Every minute of every day, corrections officers across this state handle extraordinarily difficult situations in a way that protects the detainees, the institution and the public,” said U.S. Attorney Bill Nettles for the District of South Carolina.  “However, when a corrections officer’s conduct crosses the line between lawful use of force and an abuse of authority, we will take that case before the grand jury.”

U.S. Attorney Nettles thanked Sheriff Lott and the Richland County Sheriff’s Department for their commitment to the investigation, without which the prosecution would have been nearly impossible.  Today’s plea resulted from the investigative work of the Federal Bureau of Investigation and the Richland County Sheriff’s Office.  The case is being prosecuted by Trial Attorneys Jared Fishman and Nicholas Murphy for the Civil Rights Division, and First Assistant U.S. Attorney Beth Drake for the District of South Carolina.

FORMER BP ENGINEER CONVICTED FOR ROLE IN OBSTRUCTING INVESTIGATION OF DEEPWATER HORIZON DISASTER

FROM:  U.S. JUSTICE DEPARTMENT 
Wednesday, December 18, 2013
Former BP Engineer Convicted for Obstruction of Justice in Connection with the Deepwater Horizon Criminal Investigation

Kurt Mix, a former engineer for BP plc, was convicted today of intentionally destroying evidence requested by federal criminal authorities investigating the April 20, 2010, Deepwater Horizon disaster.

Acting Assistant Attorney General Mythili Raman of the Justice Department’s Criminal Division and Special Agent in Charge Michael J. Anderson of the FBI’s New Orleans Division made the announcement after the verdict was announced by U.S. District Judge Stanwood R. Duval Jr.

Mix, 52, of Katy, Texas, was convicted by a federal jury in the Eastern District of Louisiana of one count of obstruction of justice and was acquitted on a second count of obstruction of justice.   He faces a maximum penalty of 20 years in prison when he is sentenced on March 26, 2014.

“Today a jury in New Orleans found that Kurt Mix purposefully obstructed the efforts of law enforcement during the investigation of the largest environmental disaster in U.S. history,” said Acting Assistant Attorney General Raman.   “This prosecution shows the commitment of the Justice Department to hold accountable those who attempt to interfere with the administration of justice.  I want to thank the committed prosecutors and agents who have worked tirelessly over so many years on the Deepwater Horizon Task Force for their dedication and tenacity.”

According to court documents and evidence at trial, on April 20, 2010, the Deepwater Horizon rig experienced an uncontrolled blowout and related explosions while closing the Macondo well.  The catastrophe killed 11 men on board and resulted in the largest environmental disaster in U.S. history.

Mix was a drilling and completions project engineer for BP.  Following the blowout, Mix worked on internal BP efforts to estimate the amount of oil leaking from the well and was involved in various efforts to stop the leak.  Those efforts included Top Kill, the failed BP effort to pump heavy mud into the blown-out wellhead to try to stop the oil flow.  BP sent numerous notices to Mix requiring him to retain all information concerning Macondo, including his text messages.

On or about Oct. 4, 2010, after Mix learned that his electronic files were to be collected by a vendor working for BP’s lawyers, Mix deleted on his iPhone a text string containing more than 300 text messages with his BP supervisor.  The deleted messages included a text sent on the evening of May 26, 2010, at the end of the first day of Top Kill.  In the text, Mix stated, among other things, “Too much flowrate – over 15,000.”  Before Top Kill commenced, Mix and other engineers had concluded internally that Top Kill was unlikely to succeed if the flow rate was greater than 15,000 barrels of oil per day (BOPD).  At the time, BP’s public estimate of the flow rate was 5,000 BOPD – three times lower than the minimum flow rate indicated in Mix’s text.

By the time Mix deleted these texts, he had received numerous legal hold notices requiring him to preserve such data and had been put on notice of the Department of Justice’s criminal investigation of the Deepwater Horizon disaster.

The Deepwater Horizon Task Force, based in New Orleans, is supervised by Acting Assistant Attorney General Raman and led by William Pericak, a deputy chief in the Criminal Division’s Fraud Section who serves as the director of the task force.  The task force includes prosecutors from the Criminal Division and the Environment and Natural Resources Division of the Department of Justice, the U.S. Attorney’s Office for the Eastern District of Louisiana and other U.S. Attorney’s Offices, and investigating agents from the FBI, Environmental Protection Agency, Department of Interior, U.S. Coast Guard, U.S. Fish and Wildlife Service and other federal law enforcement agencies.  The task force’s investigation of this and other matters concerning the Deepwater Horizon disaster is ongoing.

The case is being prosecuted by Senior Trial Attorney Jennifer L. Saulino and Trial Attorney Leo R. Tsao of the Fraud Section.

ER DOCTOR RECEIVES SENTENCE FOR FAILURE TO FILE TAX RETURNS

FROM:  U.S. JUSTICE DEPARTMENT  
Wednesday, December 11, 2013

Emergency Room Doctor Sentenced for Failure to File Tax Returns
Dr. Michael Austin, 57, of Atlanta, Ga., was sentenced today to serve one year and one day in federal prison for willfully failing to file individual income tax returns for tax years 2008 and 2009, announced Assistant Attorney General Kathryn Keneally of the Justice Department's Tax Division and U.S. Attorney Michael J. Moore for the Middle District of Georgia.  Austin was further ordered to serve one year of supervised release and to pay restitution to the Internal Revenue Service (IRS).  Austin previously pleaded guilty to these charges on Aug. 27, 2013.

According to documents filed in court, during 2008 and 2009, Austin was a medical doctor licensed by the state of Georgia who earned substantial income from practicing of medicine at various hospitals, clinics and other health care institutions.  As alleged in the case, Austin earned at least $213,931 in 2008 and $210,644 in 2009, which required him to file an income tax return with the Internal Revenue Service (IRS).  Nonetheless, as Austin admitted in his plea agreement, he willfully failed to file an individual income tax return for both years.  In total, Dr. Austin agreed to pay restitution of at least $215,906.44 to the IRS.

This case was investigated by special agents of the IRS - Criminal Investigation.  Trial Attorney Hayden Brockett of the department's Tax Division prosecuted the case, with the assistance of the U.S. Attorney’s Office for the Middle District of Georgia.

U.S. MARSHALS MAKE 2 ARRESTS IN MURDER COLD CASE

FROM:  U.S. MARSHALS SERVICE
U.S. Marshals Arrest Two in Cold Case

Greensboro, NC – On November 25, 2013 at 05:48 AM, Percibal Lesean Pettiford-Bynum, a 26 year old, black male was arrested by the U.S. Marshals Joint Fugitive Task Force (JFTF), the Person County Sheriff’s Office and the Wilson Police Department. Pettiford-Bynum was arrested without incident at 254 Hunter’s Edge Road in Timberlake, NC.

On the same morning, Donnie Hayes Jr., a 30 year old, black male was also arrested by members of the U.S. Marshals Joint Fugitive Task Force (JFTF), the Durham Police Department, and the Wilson Police Department. Hayes was taken into custody at his residence of 53 Lawson Street Apt. E in Durham, NC.
Both individuals were arrested in connection to the January 4, 2011 homicide of Omar Shariff Harris.

Investigators say Harris was shot and killed at his Rasberry Drive home in Wilson. Pettiford-Bynum and Hayes along with two other individuals, James Bernette Jones, 47, and Angelo Lindovis Jones, 53, were charged with first degree murder, robbery with a dangerous weapon and first degree burglary. The Jones’ were arrested on a later date by the North Carolina State Bureau of Investigation and the Wilson Police Department.

The U.S. Marshals Joint Fugitive Task Force for the Middle District of North Carolina is comprised of investigators from the U.S. Marshals Service, Chapel Hill Police Department, Durham Police Department, Greensboro Police Department, High Point Police Department, Winston Salem Police Department, Alamance County Sheriff’s Office, Orange County Sheriff’s Office, the North Carolina Department of Public Safety Probation and Parole Division and the North Carolina State Highway Patrol.

BOSTON AREA MAN ADDED TO FBI's MOST WANTED TERRORISTS LIST

http://www.fbi.gov/news/podcasts/wanted/ahmad-abousamra.mp3/view?utm_campaign=email-Immediate&utm_medium=email&utm_source=wanted-by-the-fbi-podcast&utm_content=282987

CRIMINAL INDICTED ON 20 COUNTS RECEIVES LIFE IN PRISON FOR DOUBLE MURDER

FROM:  U.S. JUSTICE DEPARTMENT 
Wednesday, December 11, 2013
John Charles Mccluskey to Receive Life Prison Sentence for Murdering Oklahoma Couple
Mccluskey Carjacked and Murdered a Retired Couple from Oklahoma Following His Escape from an Arizona State Prison

John Charles McCluskey, 48, will receive a life prison sentence for a host of crimes arising out of the carjacking and murder of a couple from Tecumseh, Okla., after a federal jury today announced that it could not reach a unanimous decision on whether to impose the death penalty.

Acting Assistant Attorney General Mythili Raman of the Justice Department’s Criminal Division, Acting U.S. Attorney Steven C. Yarbrough of the District of New Mexico, Special Agent in Charge Carol K.O. Lee of the FBI’s Albuquerque Division, and New Mexico State Police Chief Pete N. Kassetas made the announcement.

McCluskey was charged with several capital offenses in a 20-count indictment arising out of the carjacking and murders of Gary and Linda Haas, both 61, in Quay County, N.M., on Aug. 2, 2010.   On Oct. 7, 2013, the jury found McCluskey guilty on all counts of the indictment after an eight-week trial.   On Nov. 5, 2013, the jury found McCluskey eligible for the death penalty following a three-week proceeding.   The capital trial concluded today when the jury said it was unable to reach a unanimous verdict on the death penalty.   McCluskey will receive a sentence of life in prison.   The court has not yet scheduled a date for the imposition of the sentence.

“During an exceptionally violent criminal episode in the summer of 2010, John Charles McCluskey escaped from prison where he was serving a sentence for attempted murder, committed multiple kidnappings during his interstate flight from justice, and mercilessly killed two innocent victims to eliminate them as witnesses,” said Acting Assistant Attorney General Raman.  “Through the hard work of federal and state law enforcement and Department of Justice prosecutors, McCluskey and his co-defendants have been brought to justice.  Our thoughts are with the victims and their family.”

“The men and women on this jury dedicated the last six months of their lives to performing a very difficult, but necessary, civil service.   I respect their verdict and thank them for their personal sacrifice,” said Acting U.S. Attorney Steven C. Yarbrough.   “Hopefully, the fact that John Charles McCluskey has been found guilty of every count charged and will now spend the rest of his life in prison with no possibility of parole will bring some measure of comfort and closure to the friends and family Gary and Linda Haas left behind.   The prosecutors and investigators who so tirelessly have worked toward the pursuit of justice are also to be commended.”

According to the evidence presented at trial, on July 30, 2010, McCluskey and co-defendant Tracy Allen Province, 46, escaped from an Arizona state prison with the aid of co-defendant Casslyn Mae Welch, 47.   On Aug. 2, 2010, McCluskey, Province and Welch carjacked Mr. and Mrs. Haas and their pickup truck and camping trailer at a rest stop off Interstate 40 in Quay County, N.M.   McCluskey shot and killed Mr. and Mrs. Haas in the trailer in a remote location east of Tucumcari, N.M.   The three confederates then drove the Haases’ truck and trailer to a remote area in Guadalupe County, N.M., where they unhitched, burned and abandoned the trailer with the Haases’ remains still inside.   On Aug. 4, 2010, the New Mexico State Police discovered the burned remains of Mr. and Mrs. Haas in the trailer.   Province was arrested in Wyoming on Aug. 9, 2010, and McCluskey and Welch were arrested in Arizona on Aug. 19, 2010, following a nationwide, multi-agency manhunt.

The trial evidence also established that McCluskey has the following prior convictions:  convictions in 1993 in Pennsylvania for aggravated assault with a firearm and three armed robberies for which he served 15 years in state custody; convictions in 2009 in Arizona for attempted second degree murder and aggravated assault with a firearm, for which he received a 15-year state prison sentence in Arizona; and convictions in 2011 in Arizona for escape, kidnapping, armed robbery, aggravated assault, and felon in possession of a firearm, for which he received a 43-year prison sentence to run consecutive to his 15-year sentence.

On Jan. 20, 2012, Province and Welch each entered a guilty plea to numerous crimes arising out of the carjacking and murder of Mr. and Mrs. Haas, and both testified during the guilt phase of McCluskey’s trial.   Under the terms of his plea agreement, Province will be sentenced to five consecutive terms of life in prison without the possibility of release.   Welch faces a maximum penalty of life in prison under her plea agreement.   Both remain in custody pending their sentencing hearings, which have yet to be scheduled.

“A long, painful ordeal for the Haas family has finally come to an end.  Nothing we can do or say here today can return Gary and Linda Haas to their loved ones, but we hope this sentence gives them some measure of closure,” said FBI Special Agent in Charge Carol K.O. Lee.  “I would like to recognize the FBI investigators and support personnel who contributed to this case, as well as the federal prosecutors, victim/witness specialists, the New Mexico State Police, and U.S. Marshals Service.  The Albuquerque FBI Division will continue to combat violent crime in our big cities and small towns by working closely with our state and local partners.”

“I hope the conviction of John McCluskey brings a sense of closure to the family of Gary and Linda Haas,” said New Mexico State Police Chief Pete N. Kassetas.  “This was a difficult and complex investigation but is yet another example of the exemplary relationship the New Mexico State Police maintains with our Federal law enforcement partners.  I would like to thank the Federal Bureau of Investigation, United States Attorney’s Office, the Criminal Division of the Department of Justice and all the other New Mexico and Arizona law enforcement agencies that participated in the investigation, capture of John McCluskey and subsequent successful prosecution.”

The case was investigated by Albuquerque and Phoenix Divisions of the FBI and the New Mexico State Police.   It is being prosecuted by Assistant U.S. Attorneys Linda Mott and Gregory J. Fouratt of the District of New Mexico and Trial Attorney Michael S. Warbel of the Criminal Division’s Capital Case Section.

WHOLESALE SPORTSWEAR DISTRIBUTOR SENTENCED FOR TAX EVASION

FROM:  U.S. JUSTICE DEPARTMENT 
Friday, December 6, 2013

Owner of New York Sportswear Distribution Business Sentenced for Tax Fraud
Harry Neuhoff, a resident of Brooklyn, N.Y., was sentenced to serve  12 months and one day in prison and three years supervised release for tax evasion, the Justice Department and Internal Revenue Service (IRS) announced today.

According to documents filed with the court, Neuhoff was the president and an owner of EVA TEES Inc., a wholesale distributor of sportswear.  EVA TEES was formerly located in Long Island City, N.Y., and is presently located in Piscataway, N.J.  From approximately 2006 to 2008, Neuhoff manipulated EVA TEES accounts through his accounting software program to delete cash sales from the general ledger accounts maintained on the computer accounting system.  As a result, Neuhoff caused false corporate tax returns to be filed with the IRS that underreported the company’s gross receipts.  During those years, Neuhoff’s behavior also resulted in his filing false personal income tax returns with the IRS.  According to documents filed with the court, Neuhoff underreported the gross receipts of EVA TEES by at least $1.5 million using computer manipulation.

The case was investigated by IRS-Criminal Investigation.  Trial Attorneys Mark Kotila and Karen E. Kelly of the Justice Department’s Tax Division prosecuted this case.

FBI OFFERS REWARD FOR INFORMATION REGARDING AN ALLEGED DOMESTIC COMMUNIST TERRORIST

FROM:  FEDERAL BUREAU OF INVESTIGATION 
Mollie Halpern: The FBI is offering a reward of up to $20,000 for information leading to the arrest of alleged domestic terrorist Donna Joan Borup.

Christos G. Sinos: Borup may be living on the run, but the FBI will not stop looking for her.

Halpern: I’m Mollie Halpern of the Bureau, and this is Wanted by the FBI. Donna Borup was participating in a demonstration at JFK International Airport in Queens in September 1981 when….

Sinos: She became violent by tossing a caustic substance into the eyes of a Port Authority police officer who was on duty at the time.

Halpern: That was Supervisory Special Agent Christos Sinos, who also says the officer was left partially blinded. At the time of the incident, Borup was a member of the May 19th Communist Organization—a Marxist-Lenist group advocating the armed revolution and overthrow of the United States government.

Borup, a New Jersey native, has ties to the Garden State and Pennsylvania. She uses several aliases and dates of birth. She is highly intelligent and may have a photographic memory.

Sinos: It may be 32 years later, but the police officer deserves justice.

Halpern: If you have information on Borup’s whereabouts, call your local FBI field office.

JUSTICE FILES LAWSUIT TO STOP MAN FROM PREPARING TAX RETURNS

FROM:  U.S. JUSTICE DEPARTMENT 
Wednesday, December 4, 2013
Justice Department Sues to Stop Somerville, N.J., Man from Preparing Tax Returns

The United States filed a lawsuit yesterday in The District of New Jersey to bar Eric Majette of Somerville, N.J., from preparing federal tax returns, the Justice Department announced today.  As alleged in the complaint, Majette owned and operated a tax preparation business named “Berrisford Group” with offices in Plainfield and Somerville.

According to the complaint, from 2006 until 2011, Majette prepared and filed tax returns that contained false or inflated itemized deductions for items such as medical and dental expenses, gifts, and business expenses that resulted in his customers receiving larger tax refunds than they were entitled.  The complaint further alleges that Majette encouraged his customers to submit false documents, such as fraudulent charitable contribution receipts, to the Internal Revenue Service (IRS).

Earlier this year, Majette pleaded guilty to corruptly endeavoring to obstruct and impede the internal revenue laws and to preparing a false tax return.  He was sentenced to serve 30 months in prison and one year of supervised probation upon release, and ordered to pay $123,440 in restitution.  The civil complaint filed yesterday alleges that between 2009 and 2012, Majette prepared 1,853 tax returns for customers and 93 percent of these returns claimed tax refunds.  According the complaint, the IRS examined 428 of these returns and determined that they understated the customers’ correct tax liability by a total of $838,837, an average of $1,960 per return.  The complaint estimates that the total harm caused by the 1,723 tax refunds claiming returns could be as much as $3 million.

MEDICAL DOCTOR SENTENCED FOR ILLICIT CONDUCT WITH CHILDREN IN KENYA

FROM:  U.S. JUSTICE DEPARTMENT
Wednesday, December 4, 2013
Former Medical Doctor Sentenced to 20 Years in Prison for Engaging in Illicit Sexual Conduct with Minors in Kenya

A former medical doctor was sentenced today to serve 20 years in prison for engaging in illicit sexual conduct with minors in Kenya.

Acting Assistant Attorney General Mythili Raman of the Justice Department’s Criminal Division, U.S. Attorney for the District of Columbia Ronald C. Machen Jr., and Assistant Director in Charge Valerie Parlave of the FBI’s Washington Field Office made the announcement.

John D. Ott, 68, pleaded guilty in May 2013 before the Honorable Reggie B. Walton in the U.S. District Court for the District of Columbia to one count of engaging in illicit sexual conduct in a foreign place.   Upon completion of his prison term, Ott will be placed on supervised release for the rest of his life.   In addition, he will be required to register as a sex offender for the rest of his life.

According to court documents and proceedings, Ott was a former medical doctor who worked for non-governmental organizations and hospitals in Kenya.  Court records show that Ott also started an orphanage in Kenya.  Ott admitted that between approximately January 2004 and September 2012, he engaged in illicit sexual conduct in Muhuru Bay, Sori and Kendu Bay, Kenya, with at least 14 minors, who ranged in age from approximately nine to 17 years old when the illicit sexual conduct began.  Ott admitted that he frequently paid for schooling and provided other financial support, including housing, for minors with whom he engaged in illicit conduct.

Ott has been in federal custody since he was arrested in December 2012, following his deportation from Tanzania.

The investigation was conducted by the FBI’s Washington Field Office.  Significant assistance was provided by the Criminal Division’s Office of International Affairs as well as by personnel at the U.S. Embassy in Dar es Salaam, Tanzania, and the U.S. Customs and Border Protection National Targeting Center.

The case was prosecuted by Trial Attorney Keith A. Becker of the Criminal Division’s Child Exploitation and Obscenity Section (CEOS) and Assistant U.S. Attorney Ari Redbord of the District of Columbia.

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 U.S. Attorney’s Offices and CEOS, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims.

"POSTAL CUSTOMER SENTENCED FOR EMBEZZLING $33,072.68..."

FROM:  U.S. POSTAL SERVICE 

Department of Justice United States Attorney Richard S. Hartunian 
Northern District of New York

POSTAL CUSTOMER SENTENCED FOR EMBEZZLING $33,072.68 FROM THE UNITED STATES POSTAL SERVICE 

 SYRACUSE, NEW YORK – Richard S. Hartunian, United States Attorney for the Northern
District of New York, announced that JOHN GIBSON, III, age 38, of Oswego, N.Y. was
sentenced today before the Honorable Glenn T. Suddaby in the United States District Court in
Syracuse, New York.

GIBSON was sentenced to 3 years probation in connection with his plea to Theft of Government Property, in violation of Title 18, United States Code, Section 641. Additionally, GIBSON was
ordered to pay $33,072.68 in restitution; was ordered to serve 6 months of home detention and two months of weekend incarceration; ordered to perform 100 hours of community service; and pay a special assessment of $100.

On June 4, 2013, GIBSON admitted that from June 2012 through August 2012, he purchased 91
postal money orders using 42 checks drawn on closed checking accounts in the total amount of $33,072.68.
GIBSON’s prosecution is the result of a joint investigation by the U.S. Postal Inspection Service and the United States Postal Service Office of Inspector General. The investigation began in June 2012. The prosecution was handled in the United States Attorney’s Office by Assistant U.S. Attorney Tamara B. Thomson

TAX PREPARER PLEADS GUILTY TO FRAUD RELATED TO MISAPPROPRIATION OF INCOME TAX REFUNDS

FROM:  U.S. JUSTICE DEPARTMENT  
Tuesday, December 3, 2013

Massachusetts Man Pleads Guilty to Tax Fraud and Mail Fraud

Michael Edwards pleaded guilty today to one count of corruptly endeavoring to obstruct the Internal Revenue Service (IRS) and one count of mail fraud, t he Justice Department and IRS announced.  Both charges arise from Edwards’ operation of his tax return preparation business Boston Financial Associates (BFA) and Edwards’ misappropriation of income tax refunds from two of his clients in 2009.

According to court documents, Edwards admitted that he misled an IRS auditor reviewing one of his client’s 2007 and 2008 income tax returns by giving her false documentation that claimed to support the false entries on the returns.  Edwards misappropriated federal income tax refunds of $573,518 from one client and $202,143 from a second client.

Sentencing for Edwards has been scheduled for Feb. 25, 2014.  The statutory maximum penalty for corruptly endeavoring to obstruct the IRS is three years in prison and a $250,000 fine.  The statutory maximum penalty for mail fraud is 20 years in prison and a $250,000 fine.

This case was investigated by IRS – Criminal Investigation and prosecuted by Tax Division Senior Litigation Counsel Corey J. Smith.

U.S. MARSHALS REPORT FAMILY FEUD THAT ENDED IN MURDER ARREST

FROM:  U.S. MARSHALS SERVICE
November 20, 2013 Chris Bozeman, Lone Star Fugitive Task Force
Deputy U.S. Marshal/Public Information Officer (PIO)
Western District of Texas – San Antonio 
Family Feud Ends Tragically

Fugitive Arrested On Allegations of 1st Degree Murder
 LSFTF LogoFort Worth, TX – Jesus Cruz, 22, was arrested yesterday evening by the United States Marshals Service North Texas Fugitive Task Force (NTFTF) in Ft. Worth, TX. An arrest warrant was issued pursuant to an investigation by the Comal County Sheriff’s Office (CCSO), where it is alleged that Cruz committed 1st degree murder.

On July 9, 2013, the Lone Star Fugitive Task Force (LSFTF) was contacted by the CCSO for assistance in the search for Cruz. Task force officers initiated an investigation and discovered that Cruz had previously fled to Ft. Worth, TX. The LSFTF contacted the NTFTF for assistance in locating and apprehending Cruz. Yesterday evening, members of the NTFTF discovered that Cruz was hiding out at a residence in the 2400 block of McLemore Avenue. Task force officers conducted a brief surveillance, entered the residence, identified themselves, made contact with Cruz, and took him into custody without incident.

On April 6, 2013, Cruz was allegedly involved in a shooting that resulted in the death of Timothy Hutson. The shooting took place at a residence in the 400 block of East Clark Street in Canyon Lake, TX. Reports indicated that Hutson was found lying face down in the driveway with a bullet wound to the neck. Witnesses stated that Cruz and Hutson had been involved in an ongoing feud prior to the shooting.

Cruz is currently being held in custody at the Tarrant County Jail awaiting extradition to Comal County to face 1st degree murder charges.

Robert R. Almonte, United States Marshal for the Western District of Texas, stated, “Whenever a life is taken by the hands of another, it’s difficult to make sense of how someone could commit such a heinous crime. I’m thankful for the efforts and hard work of the North Texas Fugitive Task Force who took a dangerous fugitive off the streets. To the victim’s family, I offer my condolences.”

Members of the Lone Star Fugitive Task Force:

New Braunfels Police Department
San Antonio Police Department
San Antonio Independent School District Police Department
Bexar County Sheriff’s Office
Comal County Sheriff’s Office
Bexar County Fire Marshal’s Office
Bexar County District Attorney’s Office
Texas Office of The Attorney General
Texas Department of Public Safety
Texas Department of Criminal Justice - Office of the Inspector General
U.S. Marshals Service

U.S. MARSHALS ARRESTED SUSPECT IN CONNECTION WITH A BOMB THREAT

FROM:  U.S. MARSHALS SERVICE

November 21, 2013 Eastern District of Virginia 

U.S. Marshals Task Force Arrests Suspect in Connection with a Bomb Threat
Alexandria, VA – U.S. Marshal Robert Mathieson announces the capture of William Wyatt Raum. Raum was wanted by the Fairfax County Sheriff’s Office (FCSO) in connection with a bomb threat communicated earlier this month.
On Oct. 29, the Fairfax County Adult Detention Center received a bomb threat from an unknown suspect. On Nov. 4, the FCSO requested their deputy sheriff assigned to the U.S. Marshals Service’s fugitive task force to investigate the threat. The investigation determined Raum as the alleged offender.

The case was adopted by the U.S. Marshals task force located within the federal Eastern District of Virginia. At approximately 6:00 a.m. on Monday, Nov. 18, task force officers and Deputy U.S. Marshals located and apprehended Raum in an apartment complex located on Marlboro Pike in Capitol Heights, MD. Raum was transported to the Prince George’s County Police Department and is awaiting extradition to Fairfax County.

The U.S. Marshals-led fugitive task force within E/VA is made possible by the collaboration of the U.S. Marshals Service, Federal Bureau of Investigation, U.S. Secret Service, Alexandria Police Department, Virginia State Police, Fairfax County Police Department, Fairfax County Sheriff's Department, Immigration and Customs Enforcement, and the Diplomatic Security Service.

The task force within the Metropolitan D.C. area was founded in 2004 and, to date, has arrested tens of thousands of fugitives. The success of the task force directly correlates to it being a truly joint endeavor. Each agency brings its unique skills and expertise toward the common goal of pursuing and arresting the worst of the worst.

The U.S. Marshals Service arrested more than 36,000 federal fugitives, 86,700 state and local fugitives, and 11,800 sex offenders in fiscal year 2013. Our investigative network and capabilities allow for the unique ability to track and apprehend any fugitive who attempts to evade police capture, anywhere in the country.

CRIMINAL INVESTIGATOR INDICTED FOR ALLEGEDLY ASSAULTING HANDCUFFED MAN IN JAIL

FROM:  U.S. JUSTICE DEPARTMENT
Friday, November 22, 2013
Alabama Sheriff’s Investigator Indicted for Unlawfully Detaining and Assaulting Handcuffed Man at County Jail

The Department of Justice announced today that a federal grand jury in the Middle District of Alabama has returned an indictment against J. Keith McCray, a criminal investigator with the Macon County, Ala., Sheriff’s Office for violating the rights of a man he unlawfully seized and assaulted.

McCray, 41, is charged with two counts of deprivation of rights under color of law and one count of witness tampering.  On July 4, 2013, the victim was going door-to-door in McCray’s neighborhood attempting to sell alarm systems.  According to the indictment, McCray unlawfully seized the victim using a firearm, and then brought the victim to the county jail.  The indictment alleges that at the jail, McCray struck the victim while he was handcuffed, which resulted in bodily injury.  The indictment further alleges that McCray engaged in witness tampering when he intimidated the victim and corruptly persuaded him not to file a complaint for the assault.

If convicted, McCray could face a statutory maximum sentence of 10 years in prison and a $250,000 fine for each deprivation-of-rights count.  He could face a statutory maximum sentence of 20 years in prison and a $250,000 fine for the witness tampering charge.
An indictment is merely an accusation, and the defendant is presumed innocent unless proven guilty.

This case is being investigated by the Federal Bureau of Investigation and the Alabama Bureau of Investigation.  The case is being prosecuted by Assistant U.S. Attorney Jerusha T. Adams of the Middle District of Alabama and Trial Attorney Chiraag Bains of the department’s Civil Rights Division.

3 ABT GANG MEMBERS PLEAD GUILTY TO RACKETEERING

FROM:  U.S. JUSTICE DEPARTMENT 
Thursday, November 21, 2013
Three Aryan Brotherhood of Texas Gang Members Plead Guilty to Federal Racketeering Charges

Three members of the Aryan Brotherhood of Texas (ABT) gang have pleaded guilty to racketeering charges related to their membership in the ABT’s criminal enterprise, announced Acting Assistant Attorney General Mythili Raman of the Justice Department’s Criminal Division and U.S. Attorney Kenneth Magidson of the Southern District of Texas.

 Sammy Keith Shipman, aka “Stubby,” 31, of Houston, pleaded guilty today before U.S. Judge Sim Lake in the Southern District of Texas to one count of conspiracy to participate in racketeering activity.

William David Maynard, aka “Baby Huey,” 43, of Houston, pleaded guilty Nov. 20, 2013, and Dustin Lee Harris, aka “Lightning,” 29, of Dallas, pleaded guilty Nov. 19, 2013.   Each defendant pleaded guilty to one count of conspiracy to participate in racketeering activity.  

According to court documents, Shipman, Maynard, Harris and other ABT gang members and associates agreed to commit multiple acts of murder, robbery, arson, kidnapping and narcotics trafficking on behalf of the ABT gang.   The defendants and numerous other ABT gang members met on a regular basis at various locations throughout Texas to report on gang-related business, collect dues, commit disciplinary assaults against fellow gang members and discuss acts of violence against rival gang members, among other things.

By pleading guilty to racketeering charges, Shipman, Maynard and Harris admitted to being members of the ABT criminal enterprise and to committing multiple acts of violence and/or narcotics trafficking on behalf of the ABT.

According to the superseding indictment, the ABT was established in the early 1980s within the Texas prison system.   The gang modeled itself after and adopted many of the precepts and writings of the Aryan Brotherhood, a California-based prison gang that was formed in the California prison system during the 1960s.   According to the superseding indictment, the ABT was primarily concerned with the protection of white inmates and white supremacy/separatism.   Over time, the ABT expanded its criminal enterprise to include illegal activities for profit.

Court documents allege that the ABT enforces its rules and promotes discipline among its members, prospects and associates through murder, attempted murder, conspiracy to murder, arson, assault, robbery and threats against those who violate the rules or pose a threat to the enterprise.   Members, and oftentimes associates, are required to follow the orders of higher-ranking members, often referred to as “direct orders.”

According to the superseding indictment, in order to be considered for ABT membership, a person must be sponsored by another gang member.   Once sponsored, a prospective member must serve an unspecified term, during which he is referred to as a prospect, while his conduct is observed by the members of the ABT.

At sentencing, scheduled for Feb. 20, 2014, Shipman, Maynard and Harris each face a maximum penalty of life in prison.

Shipman, Maynard and Harris are three of 36 defendants charged with, among other things, conducting racketeering activity through the ABT criminal enterprise.   To date, 17 defendants have pleaded guilty.

This case is being investigated by a multi-agency task force consisting of the Bureau of Alcohol, Tobacco, Firearms and Explosives; the Drug Enforcement Administration; FBI; U.S. Marshals Service; Federal Bureau of Prisons; U.S. Immigration and Customs Enforcement Homeland Security Investigations; Texas Rangers; Texas Department of Public Safety; Montgomery County, Texas, Sheriff’s Office; Houston Police Department-Gang Division; Texas Department of Criminal Justice – Office of Inspector General; Harris County, Texas, Sheriff’s Office; Atascosa County, Texas, Sheriff’s Office; Orange County, Texas, Sheriff’s Office; Waller County, Texas, Sheriff’s Office; Alvin, Texas, Police Department; Carrollton, Texas, Police Department; Mesquite, Texas, Police Department; Montgomery County District Attorney’s Office; and the Atascosa County District Attorney’s Office.

The case is being prosecuted by the Criminal Division’s Organized Crime and Gang Section and the U.S. Attorney’s Office for the Southern District of Texas.

WOMAN FUGITIVE ON THE RUN FOR 11 YEAR IS CAUGHT BY U.S. MARSHALS

FROM:  U.S. MARSHALS SERVICE 

November 19, 2013  Stewart Cottingham, Supervisory Inspector 
Southeast Regional Fugitive Task Force
Tommy Long, Supervisory Deputy U.S. Marshal 
Southern District of Georgia - Savannah Division (912) 652-4200
One of New York’s Most Wanted Fugitives Captured in Georgia after 11 Years on the Run

 SERFTF LogoWillacoochee, GA - A New York woman on the run for eleven years was apprehended 11/18/2013 by the U. S. Marshals Southeast Regional Fugitive Task Force (SERFTF) at a residence in the small town of Willacoochee, Georgia. Frances Parks was listed as one of New York State Parole’s Most Wanted fugitives for violating the conditions of her parole. Parks was on parole for her New York convictions on murder, rape, and robbery charges. In 1975, Parks and four others forced their way into an apartment in New York looking for money. A male and a female victim were robbed during the crime. During the robbery, the three male perpetrators assaulted and raped the female victim. Parks and the other four subjects assaulted, stabbed, strangled, and murdered the male victim.

After being paroled in New York, Parks left the New York area and was violated by New York Parole in 2002. For eleven years, Parks managed to evade authorities on this charge. After receiving information from the U. S. Marshals New York/New Jersey Regional Fugitive Task Force (NYNJRFTF), the U. S. Marshals Southeast Regional Fugitive Task Force (SERFTF) commenced an investigation to locate Parks in Willacoochee, Georgia. Information was received from New York detailing that Parks had surfaced in Georgia under an alias.

On 11/18/2013, SERFTF established surveillance on an address in Willacoochee, Georgia. During the operation, a person matching Parks’ description was observed at the residence and taken into custody. Initially, Parks denied her true identity and attempted to retreat into her home. Task force personnel pursued her into the home and took her into custody. Parks was transported to the Atkinson County Jail to await extradition to New York. Parks has an extensive criminal history to include arrests for murder, rape, robbery, firearm, burglary, and theft. She is also a registered sex offender in the state of New York.

Established in 1789, the United States Marshals Service is the nation’s oldest federal law enforcement agency. The U.S. Marshals Service is the federal government’s primary agency for fugitive investigations. In fiscal year 2012, the Marshals apprehended 36,302 federal fugitives, clearing approximately 39,423 felony warrants. Marshals-led fugitive task forces arrested 86,704 state and local fugitives in FY 2012, clearing approximately 114,311 state and local felony warrants.

The U. S. Marshals Service Southeast Regional Fugitive Task Force (SERFTF) was created by the Presidential Threat Protection Act of 2000. Congress recognized the U. S. Marshals expertise in tracking and apprehending dangerous fugitives and ordered the creation of regional fugitive task forces (RFTFs) in core cities throughout the country. Via this mandate, SERFTF was created in 2003 and has offices in Atlanta, Macon, and Savannah to assist state, county, and local agencies as a central investigative base to identify, locate and apprehend dangerous offenders.

Locally, the Savannah Division of SERFTF is composed of U. S. Marshals and state and local law enforcement officers from the Georgia Department of Corrections, Georgia Parole, the Chatham County Sheriff’s Office, the Savannah Chatham Metro Police Department, the Bulloch County Sheriff’s Office, the Liberty County Sheriff’s Office, the Hampton County Sheriff’s Office, and the McIntosh County Sheriff’s Office.

FORMER POLICE OFFICERS SENTENCED FOR SOLICITING BRIBE FROM DEFENDANT

FROM:  U.S. JUSTICE DEPARTMENT 
Monday, November 18, 2013

Former Puerto Rico Police Officers Sentenced for Roles in Scheme to Extort a State Defendant for $50,000 former police officers with the Police of Puerto Rico were sentenced to serve 63 and 60 months in prison for attempting to extort a defendant and soliciting bribe payments of $50,000.

Acting Assistant Attorney General Mythili Raman of the Justice Department’s Criminal Division and U.S. Attorney Rosa Emilia Rodriguez of the District of Puerto Rico made the announcement.

Abimael Arroyo-Cruz, 30, of Rio Grande, Puerto Rico, was convicted by a jury on May 29, 2013, of conspiracy to commit federal programs bribery, bribery, conspiracy to commit extortion and attempted extortion.  Josue Becerril-Ramos, 36, of Carolina, Puerto Rico, pleaded guilty to all four counts on May 17, 2013, midway through his trial.  Arroyo was sentenced to serve 63 months in prison, and Becerril was sentenced to serve 60 months in prison.

Arroyo and Becerril arrested eight individuals for possessing unregistered firearms and marijuana on Aug. 2, 2012.  The officers then solicited from one defendant a bribe payment of $50,000 to have his case dismissed.  Beginning on Sep. 11, 2012, both officers spoke with the defendant multiple times over the telephone, discussing payment details and strategies for dismissing the defendant’s case.

Arroyo and Becerril collected approximately $35,000 of the $50,000 demanded from the defendant in two different payment installments.  Unbeknownst to the officers, however, the individuals who dropped off the payments were cooperating with federal law enforcement.

In exchange for the bribes, Arroyo and Becerril devised a plan whereby the officers would misidentify a co-defendant in court, leading to the dismissal of the defendant’s case.  When asked under oath at the preliminary hearing to identify the defendant, Arroyo instead identified a co-defendant.  Arroyo confirmed to the defendant following the hearing that he deliberately misidentified the co-defendant as part of the plan to have the defendant’s case dismissed.

The case was investigated by the FBI’s San Juan field office.  The case was prosecuted by Trial Attorneys Menaka Kalaskar and Marquest J. Meeks of the Criminal Division’s Public Integrity Section and Assistant U.S. Attorney Timothy Henwood of the District of Puerto Rico.

ALABAMA MAN USED COMPUTER, THREE CELL PHONES IN IDENTITY THEFT AND TAX REFUND FRAUD SCHEME

FROM:  U.S. JUSTICE DEPARTMENT 
Thursday, November 14, 2013
Alabama Man Sentenced to Federal Prison for Role in Identity Theft and Tax Refund Scheme

Kevin Jackson of Montgomery, Ala., was sentenced to serve 102 months in federal prison and three years of supervised release, along with an order to pay $150,840.49 in restitution, for his role in a stolen identity refund fraud scheme, announced Assistant Attorney General Kathryn Keneally of the Justice Department's Tax Division and U.S. Attorney for the Middle District of Alabama George L. Beck Jr.  Jackson had previously pled guilty to access device fraud and to aggravated identity theft.

According to court documents, Jackson possessed a storage locker in which law enforcement authorities found a computer, three cellular telephones, at least 500 names and Social Security numbers of identity theft victims and at least 70 prepaid debit cards, all tied to a scheme to obtain fraudulent federal tax refunds by causing federal tax returns to be filed in the names of stolen identities.

The case was investigated by special agents of the Internal Revenue Service - Criminal Investigation and the U.S. Secret Service, along with assistance from the Montgomery Police Department.  Trial Attorneys Justin Gelfand and Jason Poole of the department’s Tax Division prosecuted the case.

MARSHALS TASK FORCE CAPTURES KIDNAPPER OF 13 YEAR OLD GIRL

FROM:  U.S. MARSHALS SERVICE
U.S. Marshals Task Force Nabs Fugitive Wanted in Kidnapping of 13 Year-Old Girl from Arkansas

Milton, FL – The U.S. Marshals Florida Regional Fugitive Task Force captured a wanted man who is being sought by law enforcement Arkansas for kidnapping a teenage girl who is believed to be his niece. Late Tuesday evening the U.S. Marshals in El Dorado, Arkansas contacted the Marshals Task Force in Pensacola requesting their help in locating fugitive Phillip Thomas Nussey who was believed to have abducted his niece and thought to be heading toward Milton where he has ties. The Marshals in Arkansas advised the Pensacola Marshals to be on the lookout for a 1998 White Ford Crown Victoria, the car reportedly that had been used to abduct the young girl. The Task for was provided with some information on some addresses but were unable to find the car in this area. Task Force Officers then eventually figured out Nussey had a former girlfriend living in Milton; but were still unable to locate Nussey.

Early this evening, a Task Force Officer from Escambia County Sheriff’s Office checked the home of the ex-girlfriend on the 6500 Block of Dogwood Drive and found the Crown Victoria parked outside. Around 11:00 pm, Marshals and Task Force Officers from Santa Rosa, Escambia and Walton County along with a K9 unit from Santa Rosa County converged on the home but no one inside would open the door.

Officers then broke the door open and found Nussey hiding in the bathroom. The 38 year-old Nussey was then arrested without any further problems. The missing girl, along with his ex-girlfriend was found inside unharmed. Nussey faces charges in Arkansas for the abduction, and is allegedly a suspect in sexual molestation cases in both Arkansas and Virginia. Thomas may also face charges in Santa Rosa County for kidnapping, obstruction of justice and resisting arrest. He will remain in the Santa Rosa County Jail until he is extradited back to Arkansas. The car was impounded and may be treated as a crime scene.

Last year, U.S. Marshals led task forces arrested more than 123,000 fugitives of which over 86,000 of them were state and local fugitives, nearly 4,000 were homicide suspects and more than 5,000 of them were violent gang members. As well, among that number of arrests more than 12,000 of them were sex offenders.

DOD EMPLOYEE PLEADS GUILTY TO SUBMITTING A FALSE CLAIM FOR HOUSING

FROM:  U.S. JUSTICE DEPARTMENT 
Thursday, November 14, 2013
Department of Defense Employee Pleads Guilty to Submitting False Claim for Housing Allowance

A Department of Defense (DOD) employee has pleaded guilty to filing a false claim with the DOD while stationed in the Republic of Korea (ROK) to fraudulently obtain $64,000 in housing allowance, announced Acting Assistant Attorney General Mythili Raman of the Justice Department’s Criminal Division and U.S. Attorney Daniel G. Bogden of the District of Nevada.

Patrick Y. Kim, 56, of Reno, Nev., pleaded guilty today before U.S. District Judge Howard D. McKibben in the District of Nevada in Reno to one count of making a false claim.  Kim faces a maximum penalty of five years in prison when he is sentenced on Feb. 12, 2014.  As part of his plea agreement, Kim has agreed to pay full restitution to the DOD in the amount of $64,000.

The former chief of the Furniture Branch at the United States Army Garrison in Daegu, ROK, Kim admitted that he submitted a fraudulent lease to the housing office to obtain a living quarters allowance (LQA) that he was not entitled to receive.  Kim began working at Daegu Garrison in or about October 2002, and, as a DOD civilian employee working in the ROK, he was entitled to receive certain housing allowances, including LQA under certain circumstances.  To receive LQA, Kim was required to submit a copy of a housing lease in support of his application and acknowledge that the LQA payments were exclusively for the payment of rent and not for the payment of refundable security deposits or “key money” leases.  Key money leases – sums of money paid to a lessor in lieu of rent, which are returned to the lessee at the end of the lease – are common in the ROK; however, they are prohibited by State Department regulations.

Kim admitted that in September 2008, he was looking for a new apartment as the lease for his current apartment was about to expire.  He and his wife located a residence at an apartment complex; however, the owners of the apartments did not offer traditional rental leases – only key money leases and purchases.  On or about Sept. 8, 2008, Kim’s wife entered into a key money lease for one of the apartments.  Kim admitted that he knew that State Department regulations prohibited him from receiving LQA to pay for the key money lease signed by his wife.  On or about Sept. 9, 2008, Kim created a fake rental lease for the subject property and submitted it to the housing office at Daegu Garrison in support of his request for LQA.  The fake lease for the apartment purported to be a two-year lease with a total cost of $64,000.  Kim admitted receiving $64,000 in LQA, which is non-taxable, and also admitted that he used the money to pay for a portion of the key money lease entered into by his wife.

Kim also admitted that he created a fake receipt for the purported $64,000 rental payment and submitted it to the housing office at Daegu Garrison to justify his receipt of the LQA.  He received the $64,000 back at the end of the key money lease in 2010, and he used it for the purchase of a new residence in the ROK.  

The case is being investigated by the U.S. Army Criminal Investigation Division and the FBI.  The case is being prosecuted by Trial Attorney Richard B. Evans of the Criminal Division’s Public Integrity Section and Assistant U.S. Attorney Sue P. Fahami of the District of Nevada.

Criminal Enforcement - Environmental Crimes Case Bulletin Update

Criminal Enforcement - Environmental Crimes Case Bulletin Update

FORMER DETECTIVE INDICTED FOR USING EXCESSIVE FORCE AGAINST ARRESTEE

FROM:  U.S. JUSTICE DEPARTMENT 
Friday, November 8, 2013
Former Belen, N.M., Police Department Detective Indicted for Using Excessive Force Against Arrestee

A federal grand jury in Albuquerque, N.M., has returned a one-count indictment charging former Belen Police Department Detective John Lytle with unlawfully assaulting a victim, identified in the indictment as R.A., during an investigative stop and arrest on March 15, 2012.

Lytle is charged with violating R.A.’s right to be free from unreasonable search and seizure by a law enforcement officer, which includes freedom from the use of excessive force.  The indictment alleges that Lytle unlawfully assaulted R.A. by striking R.A. while R.A. was in handcuffs.  The indictment also alleges that Lytle’s actions resulted in bodily injury to R.A.

Lytle faces a statutory maximum penalty of 10 years in prison for the civil rights violation.
 
An indictment is merely an accusation, and the defendant is presumed innocent unless proven guilty.

This case is being investigated by the Albuquerque Division of the Federal Bureau Investigation.  It is being prosecuted by Assistant U.S. Attorney for the District of New Mexico Mark T. Baker and Trial Attorney Julia Gegenheimer of the Civil Rights Division.

FORMER OFFICERS AT VENTRESS CORRECTIONAL FACILITY CONVICTED IN BEATING DEATH OF INMATE

FROM:  U.S. JUSTICE DEPARTMENT 

Monday, November 4, 2013

Former Corrections Officers Sentenced for Federal Civil Rights Offenses and Obstruction of Justice for Beating Death of an Inmate at Ventress Correctional Facility in Alabama

The Justice Department announced today that U.S. District Court Judge Myron H. Thompson sentenced four former corrections officers of the Alabama Department of Corrections – Michael Smith, Matthew Davidson, Joseph Sanders and Scottie Glenn – in connection with the beating death of former inmate Rocrast Mack.  Smith, 39, who was convicted by a federal jury on June 25, 2013, of seven counts of civil rights violations and obstruction of justice, was sentenced to 30 years imprisonment.  Davidson, 45, who pled guilty to two civil rights violations and an obstruction of justice violation, was sentenced to seven years.  Sanders, 32, who pled guilty to an obstruction of justice violation, was sentenced to five years.  Glenn, 30, who pled guilty to a civil rights violation and a conspiracy violation, was sentenced to five years.

The incident occurred at Ventress Correctional Facility in Clayton, Ala., on Aug. 4, 2010, and at the time of the incident Smith was a lieutenant with supervisory authority over other officers on his shift.  According to the evidence presented at trial, Smith assaulted Mack in an office in the prison, repeatedly striking him with a baton, stomping on him and kicking him.  The evidence also showed that Smith assaulted Mack again several minutes later in the medical unit by repeatedly stomping on Mack’s head.  Mack died the following morning in a Montgomery, Ala., hospital.  

“These defendants each played a role in the vicious and fatal beating of Mr. Mack, and then they lied to authorities to conceal their culpability,” said Acting Assistant Attorney General for the Department’s Civil Rights Division Jocelyn Samuels.  “Their actions run completely counter to the responsibilities and trust given to law enforcement officers.  The Justice Department will continue to vigorously prosecute those officers who commit such heinous criminal acts, and I hope that these sentencings help bring some measure of closure to the Mack family.”

“The majority of our corrections officers are dedicated to protecting and serving the public,” said U.S. Attorney for the Middle District of Alabama George L. Beck Jr.  “These correctional officers were not so dedicated.  These correctional officers savagely beat, stomped, and tortured a restrained man and then lied to protect themselves.  There is no excuse for such behavior.  Correctional officers walk a tough line, but they cannot cross that line into the criminal element.  I hope that these sentences bring some sense of justice to the victim’s family and reinforce the notion that no one is above the law.”

This case was investigated by the Mobile, Ala., Division of the FBI in partnership with the Alabama Bureau of Investigation, and was prosecuted by Trial Attorney Patricia Sumner of the department’s Civil Rights Division and Assistant U.S. Attorney Jerusha Adams of the U.S. Attorney’s Office for the Middle District of Alabama.

MAN PLEADS GUILTY TO THREATENING A WITNESS VIA INSTAGRAM

FROM:  U.S. JUSTICE DEPARTMENT FEDERAL
Wednesday, October 30, 2013
Louisiana Man Pleads Guilty to Threatening a Witness in a Federal Criminal Tax Trial

The Justice Department announced today that Anthony Williams, a resident of Baton Rouge, La., pleaded guilty today to one count of threatening to retaliate against a witness in a federal criminal tax trial.

According to court documents, Williams threatened to cause bodily injury to a witness who testified in the federal trial of United States v. Angela Myers.  In his plea agreement, Williams, who is Myers’ son, admitted to sending a threat via Instagram with the intent to retaliate against the witness for his testimony.  In March 2013, Myers was convicted by a jury for her role in a stolen identity tax refund fraud scheme, and was subsequently sentenced to serve 11 years in federal prison.

Williams faces a potential maximum sentence of 20 years in federal prison and a $250,000 fine.  As part of his plea agreement, Williams also agreed to a condition of release prohibiting him from initiating any contact whatsoever with the witness he threatened.

This case was investigated by Special Agents of the Internal Revenue Service (IRS)- Criminal Investigation and the Treasury Inspector General for Tax Administration.  Trial Attorneys Justin Gelfand and Jason Poole of the Department’s Tax Division are prosecuting the case with the assistance of the U.S. Attorney’s Office for the Middle District of Louisiana.

MAN INDICTED FOR CRIMES RELATED TO ATTACK ON SYNAGOGUE IN SALT LAKE CITY

FROM:  U.S. JUSTICE DEPARTMENT 
Wednesday, October 30, 2013
Utah Man Indicted on Federal Hate Crime and Gun Charges Related to Religious-Motivated Attack on Synagogue

The Department of Justice announced today that a federal grand jury sitting in Salt Lake City returned a superseding indictment charging Macon Openshaw, 21, of Salt Lake City, on gun possession charges and a federal hate crime charge relating to a bias-motivated attack at a local synagogue.

The indictment alleges that between Jan. 1, 2012 and April 30, 2012, Openshaw intentionally defaced and damaged the Congregation Kol Ami synagogue in Salt Lake City by firing several rounds from a Walther .22 caliber handgun at the building, breaking windows and damaging the window frame of the building.  Openshaw allegedly performed these actions because of the religious character of the synagogue.  This charge carries a statutory maximum sentence of 20 years imprisonment.

The superseding indictment charges Openshaw with one count of using and carrying a firearm in relation to a crime of violence, possession of a firearm with a removed, obliterated or altered serial number and possession of a firearm while subject to a protective order.  An indictment is merely an accusation, and the defendant is presumed innocent unless proven guilty.

The matter is being investigated by the Salt Lake City Division of the FBI and is being prosecuted by Assistant U.S. Attorney Carlos Esqueda of the U.S. Attorney’s Office for the District of Utah, Central Division, and Trial Attorney  Nicholas Durham of the U.S. Department of Justice’s Civil Rights Division.

U.S. MARSHALS SERVICE ANNOUNCES LEADER OF HEARTLESS FELONS STREET GANG APPREHENDED

FROM:  U.S. MARSHALS SERVICE,
October 24, 2013 Ryan Helfrich, Deputy U.S. Marshal Northern District of Ohio
Most Wanted Murder Suspect & Leader of Heartless Felons Street Gang 
Captured by U.S. Marshals

 NOVFTF LogoCleveland, OH –Today, United States Marshal Pete Elliott and Regional Director Todd Ishee of the Adult Parole Authority announce the arrest of one of northern Ohio’s most wanted violent fugitives.

On Wednesday October 23rd 2013 at approximately 4:30 PM, the U.S. Marshals led Northern Ohio Violent Fugitive Task arrested Julius Webster age 27, on Knollwood Drive in Parma, Ohio. Webster was wanted for the robbery and murder of 31-year-old Curtis Leon Marks Jr. on August 29th, 2013. The murder took place outside of a bar on the corner of 70th and Superior Avenue in Cleveland, Ohio. Additionally, Webster was wanted by the Cuyahoga County Sheriff’s Office for escape, the Adult Parole Authority for a parole violation and is a suspect in two separate homicides in Canton, Ohio. Webster was a founding member and leader of the Heartless Felons Street Gang and had been previewed on multiple occasions throughout multiple cities as the United States Marshals Fugitive of the Week. The task force has been pursuing Webster endlessly for the last two months.

The task force developed information that Webster was staying at an apartment on Knollwood Dr. in Parma. Officers set up surveillance around the apartment. At around 4:30 a male fitting the description of Webster was seen exiting the building and getting into a vehicle. Members of the task force followed Webster a short distance before stopping the vehicle. The vehicle was surrounded at the corner of Knollwood and Big Creek Dr. in Parma. Webster was taken into custody and transported to the Cleveland Police Department without incident.

U.S. Marshal Pete Elliott said, “Great team work by the Deputy United States Marshals,
The Canton Office of the FBI, the Adult Parole Authority and all the members of the Task Force led to the capture of this violent fugitive. Our streets are much safer today due to the fact that these officers and departments partnered together and never stopped pursuing Webster ending his run as one of northern Ohio’s most wanted”.

Adult Parole Authority Regional Director Todd Ishee said, “We are very proud to be partners with the Marshals Northern Ohio Violent Fugitive Task Force. Together our men and women of the Task Force are making a tremendous difference every day ridding our streets of many violent fugitives. Partnerships are what brought Webster to Justice.”

Anyone with information concerning any wanted fugitive can contact the Northern Ohio Violent Fugitive Task Force at 1-866-4WANTED (1-866-492-6833). You may also anonymously text in a tip by texting the keyword "WANTED" and your tip to TIP411 (847411), or you can send a web tip at the following webpage http://www.usmarshals.gov/district/oh-n/index.html. Reward money is available and tipsters may remain anonymous.

The Northern Ohio Violent Fugitive Task Force – Cleveland Division is composed of the following federal, state and local agencies: U.S. Marshals Service, Cleveland Police Department, Cuyahoga County Sheriff’s Office, Cuyahoga Metropolitan Housing Authority Police Department, Euclid Police Department, Lakewood Police Department, Ohio Adult Parole Authority, Ohio State Highway Patrol, Social Security Administration - Office of Inspector General, Solon Police Department, and the Westlake Police Department.

FORMER BROKERAGE FIRM OPERATIONS BOSS INDICTED FOR NOT PAYING TAXES ON INCOME

FROM:  U.S. JUSTICE DEPARTMENT 
Friday, October 25, 2013
Former Brokerage Firm Operations Head Indicted for Tax Crimes

An indictment was unsealed today charging Dominick Pannitti, formerly of North Bellmore, N.Y., with tax crimes, the Justice Department announced.

According to the indictment, which was returned by a grand jury on Sept. 26, 2013, Pannitti was Head of Operations at a securities brokerage firm in Syosset, N.Y.  The securities firm had an automated system designed to adjust customers’ trading accounts for amounts less than $1,000.  During 2005 and 2006, Pannitti used the automated system to credit his own trading accounts hundreds of times in increments less than $1,000.  Pannitti was not entitled to most of these credits, which totaled over $570,000.  Pannitti concealed from his accountant the income he obtained and failed to report the income on his tax returns.

A trial date has not been scheduled.  An indictment merely alleges that a crime has been committed, and a defendant is presumed innocent until proven guilty beyond a reasonable doubt.  Pannitti faces a potential maximum sentence of eight years in prison and a potential fine of up to $500,000.

The case was investigated by the Internal Revenue Service (IRS) - Criminal Investigation and the FBI.  The case is being prosecuted by Trial Attorneys Mark Kotila and Jeffrey Bender of the Justice Department’s Tax Division.

MAN SENTENCED FOR MURDER/ROBBERY OF GAS STATION MANAGER

FROM:  U.S. JUSTICE DEPARTMENT 
Friday, October 25, 2013
Rhode Island Man Sentenced to Life in Prison for Murder and Robbery of Gas Station Manager

Jason W. Pleau, 35, of Providence, R.I., was sentenced today to life in prison for the murder and robbery of Woonsocket, R.I., gas station manager David D. Main.  Pleau chased, shot at close range and robbed Main on Sep. 20, 2010, as Main approached the doorstep of a Woonsocket bank where he was to have deposited receipts belonging to the gas station that he managed.

Acting Assistant Attorney General Mythili Raman of the Justice Department’s Criminal Division; U.S. Attorney Peter F. Neronha of the District of Rhode Island; Rhode Island Attorney General Peter F. Kilmartin; Colonel Steven G. O’Donnell, Superintendent of the Rhode Island State Police; Woonsocket Police Chief Thomas S. Carey; and Special Agent in Charge Vincent B. Lisi of the FBI’s Boston Field Office made the announcement following sentencing by U.S. District Court Judge William E. Smith.

Pleau pleaded guilty on July 31, 2013, to conspiracy to commit Hobbs Act robbery; Hobbs Act robbery; and carrying, using, and discharging a firearm during and in relation to a federal crime of violence resulting in death.

Co-defendant Jose A. Santiago, 36, formerly of Springfield, Mass., pleaded guilty on Sep. 5, 2013, to conspiracy to commit Hobbs Act robbery; Hobbs Act robbery; and carrying, using, and discharging a firearm during and in relation to a federal crime of violence resulting in death.  Santiago is scheduled to be sentenced on Jan. 9, 2014.

A third defendant, Kelly Marie Lajoie, 35, formerly of Springfield, Mass., pleaded guilty on Dec. 9, 2011, to Hobbs Act conspiracy, aiding and abetting a Hobbs Act robbery, and use of a firearm during a federal crime of violence.  A sentencing hearing has not been scheduled.

The matter was investigated by the Woonsocket Police Department, Rhode Island State Police and the FBI.

The case was prosecuted by Assistant U.S. Attorneys Adi Goldstein and William J. Ferland of the District of Rhode Island and Trial Attorney Jacabed Rodriguez-Coss of the Criminal Division's Capital Case Section.

MAN SENTENCED TO LIFE IN PRISON FOR MURDERING 8 AND UNBORN CHILD IN 2009 MASS SHOOTING

FROM:  U.S. JUSTICE DEPARTMENT 
Thursday, October 24, 2013

Puerto Rico Man Sentenced to Life in Prison for 2009 Mass Shooting
David Oquendo-Rivas, 29, was sentenced today to life in prison for his role in the murder of eight people and an unborn child during a mass shooting at a Puerto Rico nightclub in 2009.

Acting Assistant Attorney General Mythili Raman of the Justice Department’s Criminal Division and U.S. Attorney for the District of Puerto Rico Rosa Emilia Rodríguez-Vélez made the announcement.

Oquendo-Rivas and his co-defendant, Alexis Candelario-Santana, were convicted by a federal jury on March 8, 2013.  Oquendo-Rivas was convicted of 28 counts of committing violent crimes in aid of racketeering activity and nine counts of using a firearm in relation to a crime of violence.  These offenses occurred on Oct. 17, 2009, in what became known as the “La Tómbola Massacre.”  Candelario-Santana was sentenced to life in prison on Aug. 28, 2013.

According to the evidence presented at trial, Oquendo-Rivas was recruited by Candelario-Santana in 2009 to assist Candelario-Santana in reinstituting control over his drug trafficking organization, which operated principally in Sabana Seca, Toa Baja, Puerto Rico.  The organization purchased drugs in bulk, processed and packaged the drugs, and sold them at Sabana Seca through numerous sellers, runners and enforcers under Candelario-Santana’s control.  The organization sold crack, cocaine, heroin and marijuana, and members of the organization routinely possessed firearms to protect its drug points.

On Oct. 17, 2009, the new leader of Candelario-Santana’s drug trafficking organization, who had displaced Candelario-Santana, held the grand opening of a nightclub he had rented and refurbished called La Tómbola, located in Toa Baja, Puerto Rico, complete with a popular live band and a festive Paso Fino horse parade, known as a “cabalgata.”  The event was heavily attended, with families congregating inside and outside the establishment, most of whom had nothing to do with the drug trafficking organization and merely resided in the general area.  At approximately 11:50 p.m., Oquendo-Rivas, Candelario-Santana and others – all of whom were heavily armed – drove to La Tómbola. When they arrived, they immediately opened fire indiscriminately on all the patrons located outside, many of whom were women, children and elderly people.  Oquendo-Rivas and Candelario-Santana stormed into the La Tómbola, and Candelario-Santana was heard to yell “no one gets out alive” as they opened fire on the people inside.

In all, eight people and an 8-month unborn child were killed as a result of the gunfire at La Tómbola, and 19 other victims were shot and injured.  The evidence introduced at trial demonstrated that 335 expended shell-casings were recovered from the La Tómbola crime scene.  The ballistics evidence established that three AK-47-type assault rifles, one AR-15-type assault rifle, eight 9mm semi-automatic pistols, three 40-caliber semi-automatic pistols, and two 45-caliber semi-automatic pistols were used in the attack.

 Oquendo-Rivas and another individual were discovered several days following the massacre with three pistols, one of which was scientifically matched to the La Tómbola massacre.

The case was investigated by the FBI and the Puerto Rico Police Department, with the collaboration of the U.S. Drug Enforcement Administration; the Bureau of Alcohol, Tobacco, Firearms and Explosives; the U.S. Postal Inspection Service; Instituto de Ciencias Forenses; and the Puerto Rico Department of Justice.  The case was prosecuted by First Assistant U.S. Attorney María Dominguez-Victoriano and Assistant U.S. Attorney Marcela C. Mateo of the U.S. Attorney’s Office for the District of Puerto Rico and Trial Attorney Bruce R. Hegyi of the Criminal Division’s Capital Case Section.

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FORMER MEDICAL EQUIPMENT SUPPLY COMPANY OWNER INDICTED FOR ROLE IN MEDICARE FRAUD SCHEME

FROM:  U.S. JUSTICE DEPARTMENT 
Thursday, October 24, 2013

Former Owner of Salt Lake City Medical Equipment Supply Company Indicted and Three Company Employees Plead Guilty for Roles in Medicare Fraud Scheme
A former owner of a Salt Lake City medical equipment supply company has been indicted and three former company employees have pleaded guilty for allegedly engaging in a $20 million Medicare fraud scheme.

Acting Assistant Attorney General Mythili Raman of the Justice Department’s Criminal Division, U.S. Attorney David B. Barlow of the District of Utah, Special Agent in Charge Mary Rook of the FBI’s Salt Lake City Field Office, Special Agent in Charge Gerry Roy of the U.S. Department of Health and Human Services Office of Inspector General’s (HHS-OIG) Kansas City Regional Office, and Special Agent in Charge Janice M. Flores of the Defense Criminal Investigative Service’s (DCIS) Southwest Field Office made the announcement.

Jacob Kilgore, 34, of Fruit Heights, Utah, was indicted in the District of Utah on three counts of health care fraud, three counts of false statements relating to health care matters, and three counts of wire fraud.

According to court documents, Kilgore was the co-owner, vice president, and regional sales manager of Orbit Medical Inc. (Orbit), a durable medical equipment supplier located in Salt Lake City specializing in power wheelchairs.  From approximately September 2008 through June 2011, Kilgore allegedly directed a scheme to defraud Medicare by submitting false and fraudulent claims to Medicare for power wheelchairs.  Court documents allege that Kilgore and others falsified medical records – including power wheelchair prescriptions and chart notes obtained from physicians – to make it appear that beneficiaries qualified to receive power wheelchairs when they did not and that the claims otherwise met all Medicare requirements.  Kilgore and others then used these falsified documents to support false and fraudulent claims from Orbit to Medicare.

Additionally, former Orbit sales representatives Morgan Workman, 35, of Farmington, Utah; David Evans, 29, of South Jordan, Utah; and Hunter Hartman, 29, of Ladera Ranch, Calif., have each pleaded guilty to conspiring to commit health care fraud, based on the same alleged scheme to defraud Medicare.  They are awaiting sentencing.

The scheme allegedly resulted in more than $20 million in claims from Orbit to Medicare for power wheelchairs, of which Medicare paid more than $15 million.

The charges and allegations contained in the indictment are merely accusations, and the defendant is presumed innocent unless and until proven guilty.

The case was investigated by the FBI, HHS-OIG and DCIS.  This case is being prosecuted by Trial Attorney Niall M. O’Donnell of the Criminal Division’s Fraud Section and Assistant U.S. Attorney Mark Y. Hirata of the U.S. Attorney’s Office for the District of Utah.

2 NATIONAL GUARD SOLDIERS PLEAD GUILTY TO TRYING TO DEFRAUD U.S. GOVERNMENT

FROM:  U.S. JUSTICE DEPARTMENT 
Tuesday, October 22, 2013
Two Army National Guard Soldiers Plead Guilty to Schemes to Defraud U.S. Army National Guard Bureau

To Date, 17 Individuals Have Pleaded Guilty in Ongoing Corruption Investigation
Two current U.S. Army National Guard soldiers have pleaded guilty for their role in bribery and fraud schemes that caused a total of at least $70,000 in losses to the U.S. Army National Guard Bureau.

Acting Assistant Attorney General Mythili Raman of the Justice Department’s Criminal Division and U.S. Attorney Kenneth Magidson of the Southern District of Texas made the announcement.

Sergeant Annika Chambers, 28, of Houston, pleaded guilty today to one count of conspiracy and one count of bribery. Specialist Elisha Ceja, 27, of Barboursville, W.V., previously pleaded guilty to the same charge on Oct. 1, 2013. The cases against both defendants arise from an investigation involving allegations that former and current military recruiters and U.S. soldiers in the San Antonio and Houston areas engaged in a wide-ranging corruption scheme to illegally obtain fraudulent recruiting bonuses.  To date, the investigation has led to charges against 25 individuals, 17 of whom have pleaded guilty.

According to court documents filed in both cases, in approximately September 2005, the National Guard Bureau entered into a contract with Document and Packaging Broker, Inc. (Docupak) to administer the Guard Recruiting Assistance Program (G-RAP).  The G-RAP was a recruiting program that offered monetary incentives to soldiers of the Army National Guard who referred others to join the Army National Guard.  Through this program, a participating soldier could receive up to $3,000 in bonus payments for referring another individual to join.  Based on certain milestones achieved by the referred soldier, a participating soldier would receive payment through direct deposit into the participating soldier’s designated bank account.  To participate in the program, soldiers were required to create online recruiting assistant accounts.

Ceja and Chambers both admitted that they paid Army National Guard recruiters for the names and Social Security numbers of potential Army National Guard soldiers.  They further admitted that they used the personal identifying information for these potential soldiers to falsely claim that they were responsible for referring the potential soldiers to join the Army National Guard.

As a result of these fraudulent representations, Ceja collected approximately $12,000 in fraudulent bonuses, and Chambers collected approximately $17,000 in fraudulent bonuses.

The charge of bribery carries a maximum penalty of 15 years in prison and a maximum fine of $250,000 or twice the pecuniary gain or loss.  The charge of conspiracy carries a maximum penalty of five years in prison and a maximum fine of $250,000 or twice the pecuniary gain or loss.

Ceja and Chambers are scheduled to be sentenced before U.S. District Judge Lee H. Rosenthal in Houston on Dec. 19, 2013, and March 11, 2013, respectively.

These cases are being investigated by Special Agents from the San Antonio Fraud Resident Agency of Army Criminal Investigation Command’s Major Procurement Fraud Unit. The cases are being prosecuted by Trial Attorneys Sean F. Mulryne, Mark J. Cipolletti, and Heidi Boutros Gesch of the Criminal Division’s Public Integrity Section and Assistant U.S. Attorney John Pearson of the Southern District of Texas.

U.S. MARSHALS TASK FORCES FINDS 2 MISSING INFANTS

FROM:  U.S. MARSHALS SERVICE 
October 17, 2013
U.S. Marshals Task Force Locates 2 Missing Infants During Arrest

 NOVFTF logoCleveland, OH – U.S. Marshal Pete Elliott is pleased to announce the safe recovery of two infants who were reported missing and endangered when their parents fled with them after an emergency custody hearing in Lake County. Jennifer Crawford, age 34, and Christopher Rusyniak, age 41, of Willowick, OH were charged with interference with custody after they fled their Willowick residence with the children in order to avoid a court order granting temporary custody of the children to the Lake County Department of Jobs and Family Services. The Willowick Police Department and Lake County Sheriff’s Office launched an intense investigation to locate the children and their parents. Both agencies are active members of the Northern Ohio Violent Fugitive Task Force and they enlisted the help of the task force when the investigation led them to multiple jurisdictions outside of Lake County.

Throughout the investigation task force officers from throughout Lake and Geauga County assisted in checking over 15 residences and conducting over three dozen interviews in cities throughout Lake, Geauga, Summit, and Cuyahoga Counties.

Yesterday evening at approximately 8:00 p.m., the task force was checking areas that the suspects were known to frequent when an alert task force member observed a vehicle belonging to one of the suspect’s family members exiting the I-480/Broadway off ramp. The officers followed the vehicle to a trailer park at 13505 Broadway, Garfield Heights, OH. Members of the task force determined what trailer the suspects were staying in and were able to locate and apprehend Jennifer Crawford and Christopher Rusyniak. During the arrest, officers also safely recovered both of the missing children.

Rusyniak and Crawford were transported to the Willowick Police Department. Both children were taken to Tri-Point Hospital by the Lake County Sheriff’s Office where they were admitted for observation.

U.S. Marshal Pete Elliot stated that, “The agencies and officers involved should be commended for their tenacious effort that led not only to the arrests of the two fugitives, but also the safe recovery of two very young children who were in a very dangerous situation.”

Anyone with information regarding the whereabouts of a known fugitive is encouraged to contact the U.S. Marshals Northern Ohio Violent Fugitive Task Force at 1-866-4WANTED or Text keyword WANTED and tip to TIP411 (847411) Tipsters can remain anonymous and reward money is available.

The Northern Ohio Violent Fugitive Task Force – Painesville Division is composed of the following federal, state and local agencies: U.S. Marshals Service, Lake, Geauga and Ashtabula County Sheriff’s Offices, Lake County Narcotic’s Agency Ashtabula County Adult Probation, Fairport Harbor Police Department, Mentor Police Department, Painesville Police Department, Willoughby Police Department, Willoughby Hills Police Department, Wickliffe Police Department, Eastlake Police Department, Willowick Police Department, Mentor on the Lake Police Department, Middlefield Police Department, Burton Police Department, Chester Township Police Department, Ashtabula Police Department, Conneaut Police Department, and the North Kingsville Police Department.

U.S. MARSHALS ANNOUNCE THAT 2 MISSING INFANTS FOUND

FROM:  U.S. MARSHALS. MISSING INFANTS 
October 17, 2013 Ryan Helfrich, Northern District of Ohio (216) 522-2236
U.S. Marshals Task Force Locates 2 Missing Infants During Arrest

 NOVFTF logoCleveland, OH – U.S. Marshal Pete Elliott is pleased to announce the safe recovery of two infants who were reported missing and endangered when their parents fled with them after an emergency custody hearing in Lake County. Jennifer Crawford, age 34, and Christopher Rusyniak, age 41, of Willowick, OH were charged with interference with custody after they fled their Willowick residence with the children in order to avoid a court order granting temporary custody of the children to the Lake County Department of Jobs and Family Services. The Willowick Police Department and Lake County Sheriff’s Office launched an intense investigation to locate the children and their parents. Both agencies are active members of the Northern Ohio Violent Fugitive Task Force and they enlisted the help of the task force when the investigation led them to multiple jurisdictions outside of Lake County.

Throughout the investigation task force officers from throughout Lake and Geauga County assisted in checking over 15 residences and conducting over three dozen interviews in cities throughout Lake, Geauga, Summit, and Cuyahoga Counties.

Yesterday evening at approximately 8:00 p.m., the task force was checking areas that the suspects were known to frequent when an alert task force member observed a vehicle belonging to one of the suspect’s family members exiting the I-480/Broadway off ramp. The officers followed the vehicle to a trailer park at 13505 Broadway, Garfield Heights, OH. Members of the task force determined what trailer the suspects were staying in and were able to locate and apprehend Jennifer Crawford and Christopher Rusyniak. During the arrest, officers also safely recovered both of the missing children.

Rusyniak and Crawford were transported to the Willowick Police Department. Both children were taken to Tri-Point Hospital by the Lake County Sheriff’s Office where they were admitted for observation.

U.S. Marshal Pete Elliot stated that, “The agencies and officers involved should be commended for their tenacious effort that led not only to the arrests of the two fugitives, but also the safe recovery of two very young children who were in a very dangerous situation.”

Anyone with information regarding the whereabouts of a known fugitive is encouraged to contact the U.S. Marshals Northern Ohio Violent Fugitive Task Force at 1-866-4WANTED or Text keyword WANTED and tip to TIP411 (847411) Tipsters can remain anonymous and reward money is available.

The Northern Ohio Violent Fugitive Task Force – Painesville Division is composed of the following federal, state and local agencies: U.S. Marshals Service, Lake, Geauga and Ashtabula County Sheriff’s Offices, Lake County Narcotic’s Agency Ashtabula County Adult Probation, Fairport Harbor Police Department, Mentor Police Department, Painesville Police Department, Willoughby Police Department, Willoughby Hills Police Department, Wickliffe Police Department, Eastlake Police Department, Willowick Police Department, Mentor on the Lake Police Department, Middlefield Police Department, Burton Police Department, Chester Township Police Department, Ashtabula Police Department, Conneaut Police Department, and the North Kingsville Police Department.

STREET GANG MEMBER SENTENCED TO LIFE IN PRISON FOR VARIOUS CRIMES

FROM:  U.S. JUSTICE DEPARTMENT
Tuesday, October 22, 2013
Las Vegas Street Gang Member Sentenced to Life in Prison_for Racketeering, Murder, Firearm, and Drug Charges

A member of the Playboy Bloods street gang was sentenced today to life in prison for the retaliation murder of a man in November 2004 and the armed robbery of a Henderson, Nev., casino in 2002, announced Acting Assistant Attorney General Mythili Raman of the Justice Department’s Criminal Division and U.S. Attorney Daniel G. Bogden of the District of Nevada.

Jacorey Taylor, aka “Mo-B,” 30, who was convicted by a jury in May 2013, was sentenced by U.S. District Judge Robert C. Jones. Taylor was convicted of engaging in a racketeering (RICO) conspiracy, committing violent crimes in aid of racketeering activity, using a firearm during a crime of violence, participating in a drug conspiracy, and possessing crack cocaine with the intent to distribute.  He is the ninth gang member to be convicted out of 10 charged in a RICO indictment filed in 2008.  The remaining defendant, Markette Tillman, 31, is awaiting trial.

Taylor and co-defendants Reginald Dunlap, aka “Bowlie,” and Steven Booth, aka “Stevie-P,” were convicted of participating in the murder of Billy Ray Thomas, who was shot multiple times in the back on the morning of Nov. 1, 2004, as he worked on a car in the parking lot of the Pecos Terrace Apartments while waiting to take his girlfriend to work.  The defendants murdered Thomas due to their mistaken belief that Thomas was a member of a rival street gang.  According to evidence presented at trial, two car loads of Playboy Bloods members and associates, including Taylor, Dunlap, Booth and others, drove through known Crip neighborhoods searching for rivals to retaliate against for the murder of Quaza Burns, a leader of the Playboy Bloods.  The victim, Billy Ray Thomas, had no gang affiliation.

Evidence produced at trial also showed that on March 21, 2002, Taylor, armed with an AR-15 style assault rifle, and another man armed with an handgun entered the Klondike Casino in Henderson, forced their way behind the casino cage, and robbed the casino of over $7,000 in currency.

Dunlap and Booth pleaded guilty to racketeering conspiracy charges during Taylor’s trial and were each sentenced in April 2013 to 20 years in prison.  There is no parole in the federal criminal justice system.

According to court documents and evidence produced at trial, the Bloods are a nationally known criminal street gang whose members engage in drug trafficking and acts of violence.  The Playboy Bloods is a local “set” or affiliate of the Bloods, with local control and operation within the Las Vegas metropolitan area.  Other Bloods sets within the Las Vegas metropolitan area include the Piru Bloods and the West Coast Bloods.  A subset of the Playboy Bloods is the Full Throttle Clique, a group made up of Playboy Bloods members who engage in acts of violence, including murder.  According to evidence presented at trial, Taylor, Dunlap, and Booth were all members of the “Full Throttle Clique” of the Playboy Bloods.  Taylor, along with other Playboy Bloods enterprise members, operated drug houses in the Sherman Gardens Annex (also known as “The Jets”) and the surrounding areas.

Eight other defendants have been convicted and sentenced.

 The cases were investigated by the FBI’s Las Vegas Safe Streets Gang Task Force, which includes officers from the North Las Vegas Police Department and Las Vegas Metropolitan Police Department, and are being prosecuted by Assistant United States Attorneys Nicholas D. Dickinson, and Phillip N. Smith, Jr., and Kevin L. Rosenberg, Trial Attorney with the U.S. Department of Justice Organized Crime and Gang Section.