Chicago, Illinois Man Sentenced to 108 Months in Prison

Source: United States Attorneys General 6

HAMMOND- Andrew Buchanan, 35 years old, of Chicago, Illinois, was sentenced by United States District Court Judge Philip P. Simon, after pleading guilty to being a felon in possession of a firearm, announced United States Attorney Clifford D. Johnson.

Buchanan was sentenced to 108 months in prison followed by 2 years of supervised release.

According to documents in the case, in March 2022, Buchanan was driving a stolen SUV southbound on Interstate 65 when law enforcement stopped him for committing multiple traffic violations.  As an officer approached the SUV, Buchanan pulled away at a high rate of speed and fled several miles before crashing the vehicle. He then exited the vehicle, ran up an exit ramp, and attempted to conceal himself, but was apprehended.   After he was taken into custody, law enforcement searched the SUV and recovered a loaded AR-15 assault rifle and two loaded semi-automatic pistols with obliterated serial numbers.  Both pistols also had “auto sear” devices attached to them which converted them into fully automatic weapons.  Buchanan’s criminal history revealed that he has five prior felony convictions and is therefore prohibited from possessing these firearms.

This case is the result of the investigation of the Bureau of Alcohol, Tobacco, Firearms, and Explosives and the Lake County Drug Task Force.  This case was prosecuted by Assistant United States Attorney Michael J. Toth.      

This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.

Clinton, Illinois, Man Sentenced to 41 Months in Prison for Possession of Child Pornography

Source: United States Attorneys General 6

SPRINGFIELD, Ill. – A Clinton, Illinois, man, Arthur Hatfield, 37, of the 500 block of East Washington was sentenced on October 19, 2022, to 41 months’ imprisonment, followed by seven years of supervised release, for possession of child pornography.

At the sentencing hearing, the government presented evidence that between March and October of 2019 Hatfield possessed thousands of images of child pornography on multiple electronic devices and the internet-based application Pinterest. Furthermore, the images included children as young as five years of age engaged in sexual acts.

Also at the hearing, United States District Judge Sue E. Myerscough found that the defendant possessed over 17,000 images and videos of child pornography, that they contained images of prepubescent children engaged in the lascivious display of their genitalia as well as engaged in sexual acts, and that the defendant had used software to attempt to mask his IP address when he engaged in collecting the child pornography.

Hatfield was indicted in August 2020 and plead guilty in September 2021.

The statutory penalties for possession of child pornography are up to 20 years in prison, up to life of supervised release, up to a $250,000 fine, and a $100 mandatory special assessment.

The Illinois State Police Division of Criminal Investigations Zone 4 investigated the case. Assistant U.S. Attorney Tanner K. Jacobs represented the government in the prosecution.

The case was brought as part of Project Safe Childhood, a nationwide initiative by the Department of Justice to combat the epidemic of child sexual exploitation and abuse. Led by U.S. Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section (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. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.

Springfield, Illinois, Man Sentenced to 120 Months in Prison for Possession and Distribution of Heroin

Source: United States Attorneys General 6

SPRINGFIELD, Ill. – A Springfield, Illinois, man, Tyrell Harris, 29, of the 2000 block of MacArthur Boulevard, was sentenced on October 18, 2022, to concurrent sentences of 57 months’ imprisonment for distribution of heroin and 120 months’ imprisonment for possession of 100 grams or more of heroin with intent to distribute.

At the sentencing hearing in front of U.S. District Judge Sue E. Myerscough, the government presented evidence that, when officers attempted to arrest Mr. Harris at his residence on an unrelated arrest warrant for firearms charges, they found approximately 240 grams of heroin inside, in addition to other evidence related to drug sales.

Harris was indicted in May 2019 and pleaded guilty in June 2022.

The statutory penalties for distribution of heroin are up to 30 years in prison, up to a $2,000,000 fine, not less than 6 years of supervised release, and a $100 mandatory special assessment. The statutory penalties for possession of 100 grams or more of heroin with intent to distribute are up to life in prison, up to a $8,000,000 fine, not less than eight years of supervised release, and a $100 mandatory special assessment.

The Springfield Police Department and the Drug Enforcement Administration investigated the case. Assistant U.S. Attorney Matthew Z. Weir represented the government in the prosecution.

Quincy, Illinois, Man Sentenced to 180 Months in Prison for Possession of Methamphetamine with Intent to Distribute and Firearm Offenses

Source: United States Attorneys General 6

SPRINGFIELD, Ill. – A Quincy, Illinois, man, Daniel Kramer, 50, of the 100 block of Earel Camp Road was sentenced on October 18, 2022, to 120 months’ imprisonment for possession of 50 grams or more of methamphetamine with intent to distribute, 60 months’ imprisonment for possession of a firearm during and in relation to a drug trafficking crime, and 120 months’ imprisonment for possession of a firearm by a felon. The 120-month sentences were ordered to run concurrently with each other while the 60-month sentence was ordered to run consecutively to the 120-month sentences.

At the sentencing hearing in front of U.S. District Judge Sue E. Myerscough, the government presented evidence that Kramer had sold methamphetamine to a source working with law enforcement multiple times before officers with the Illinois State Police, West Central Illinois Task Force, and Quincy Police Department served a search warrant on his residence. During the search, officers found 300 grams of actual methamphetamine and 11 firearms. Kramer, a convicted felon, admitted he possessed all 11 firearms.

Kramer was indicted in December 2021 and pleaded guilty in June 2022.

The statutory penalties for possession of 50 grams or more of methamphetamine with intent to distribute are up to life in prison, not more than a $10 million fine, lifetime supervised release and a $100 mandatory special assessment. The statutory penalties for possession of a firearm during and in relation to a drug trafficking crime are up to life in prison (consecutive), not more than a $250,000 fine, not more than 5 years of supervised release, and a $100 mandatory special assessment. The statutory penalties for possession of a firearm by a felon are not more than 10 years in prison, not more than a $250,000 fine, not more than 3 years of supervised release, and a $100 mandatory special assessment.

This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.

The Federal Bureau of Investigation, Springfield Field Office; the West Central Illinois Task Force; and the Quincy Police Department investigated the case. Assistant United States Attorney Matthew Z. Weir represented the government in the prosecution.

Alabama Medical Billing Company Pays $153K to Resolve False Claims Allegations

Source: United States Attorneys General 5

Vanessa Roberts Avery, United States Attorney for the District of Connecticut, and Phillip Coyne, Special Agent in Charge for the U.S. Department of Health and Human Services, Office of the Inspector General, and Jean Pierre Njock, Acting Special Agent in Charge of the New Haven Division of the Federal Bureau of Investigation, today announced that AMVIK SOLUTIONS, LLC (“Amvik”) has entered into a civil settlement agreement with the federal government and has paid $153,300 to resolve allegations that it submitted false claims for payment to the Connecticut Medicaid program for applied behavior analysis (“ABA”) services.

Amvik, based in Birmingham, Alabama, offers billing, claims, and collections services for healthcare providers.  Amvik uses its proprietary WebABA software to perform these services for ABA providers throughout the United States.  Helping Hands Academy, LLC (“Helping Hands”) was a Bridgeport-based ABA services provider that provided ABA services to children with autism.  In 2018, Helping Hands retained Amvik to handle the billing and claims for those ABA services.  The government alleges that when submitting claims for payment to Connecticut Medicaid on behalf of Helping Hands, Amvik falsely identified the incorrect Board Certified Behavior Analyst (“BCBA”) as the rendering provider on the claims.  This caused Connecticut Medicaid to pay claims that it would not have otherwise paid.

To resolve the allegations under the federal False Claims Act, Amvik has paid $153,300 to the federal government for conduct occurring between October 3, 2019, through October 1, 2020.

This matter was investigated by the Office of the Inspector General for the Department of Health and Human Services, and the Federal Bureau of Investigation. This case was prosecuted by Assistant U.S. Attorney Sara Kaczmarek.

People who suspect health care fraud are encouraged to report it by calling 1-800-HHS-TIPS or the Health Care Task Force at (203) 777-6311.

Mexican National Sentenced to Federal Prison for Drug Trafficking

Source: United States Attorneys General 5

DENVER – The U.S. Attorney’s Office for the District of Colorado announces that Jesus Ruiz Velasco-Ochoa, age 38, of Guadalajara, Mexico, was sentenced to 8 years in federal prison after earlier pleading guilty to conspiracy to distribute and possession with intent to distribute more than 50 grams of methamphetamine.

According to the plea agreement, co-defendant Candelaria Vallejo-Gallo, based in Aurora and Denver, organized the interstate transportation and local distribution of large quantities of illegal drugs. Co-conspirators worked with Mexico-based sources of supply to arrange pickups of illegal drugs from California-based intermediaries working with and for those Mexico-based sources of supply. During the course of the FBI’s investigation into her activities, Vallejo-Gallo arranged for the transport of large quantities of methamphetamine, heroin, cocaine, and fentanyl. To effectuate her scheme of drug distribution, Vallejo-Gallo employed a network of co-conspirators, including interstate load runners, local runners, local multi-pound drug customers (who would, in turn, distribute to lower-level drug distributors), and lieutenants to coordinate the activities of the aforementioned coconspirators.

The defendant served as one of the primary interstate load runners for the conspiracy, which lasted from at least March 19, 2019, until February 12, 2020.  On July 31, 2019, for example, intercepted calls indicated the delivery of 46 pounds of methamphetamine in a load carried by the defendant. On October 21, 2019, two co-defendants started a load run to California at Candelaria Vallejo-Gallo’s direction, where they coordinated with the defendant and others to pay for drugs and transport drugs back to Colorado. On their way back to Colorado on October 23, 2019, Utah State Patrol stopped them and refused to allow the defendant, who was driving the load vehicle, to drive any further because he was unlicensed. Another co-defendant took over driving. The defendant transferred the methamphetamine he was carrying to the co-defendant so that she could complete the run. The Colorado State Patrol (CSP) conducted a traffic stop on the vehicle. A narcotics K-9 on scene alerted to the presence of narcotics in the vehicle. Based on the positive dog sniff, CSP searched the vehicle, discovering approximately 53 pounds of methamphetamine in a large suitcase inside the trunk of the sedan.

“Today’s announcement is the result of a lengthy investigation and prosecution of several defendants, which would not have been possible without the diligent work of our many law enforcement partners,” said United States Attorney Cole Finegan. “This combined effort took a significant drug trafficking organization off the streets of Denver and Aurora.”

“This individual was a member of a drug-trafficking organization (DTO) that distributed significant amounts of methamphetamine, fentanyl, heroin and cocaine onto the streets of metro Denver.  As a result of this multi-agency investigation, this DTO is no longer operational in Denver and Aurora,” said Acting Special Agent in Charge Leonard Carollo. “FBI Denver is committed to working with federal, state and local partners in operations like this to dismantle DTOs, mitigate the distribution of illegal drugs and make our communities safer.”

“This multi-agency investigation and subsequent lengthy sentencing sends the strong message that HSI will use every resource and authority necessary to hold those accountable that jeopardize the safety of our communities for profit,” said Ryan L. Spradlin, Special Agent in Charge, HSI Denver. “This investigation that stretched across multiple states and crossed international borders can only be accomplished by dedicated law enforcement professionals that adopt a “One Badge” philosophy.”

“Targeting the profits generated by drug traffickers is a key step in the investigative process, and vital to disrupting and dismantling their organization,” said Andy Tsui, Special Agent in Charge, IRS Criminal Investigation Denver Field Office. “IRS-CI, our law enforcement partners, and the United States Attorney’s Office will continue to work together to eliminate this threat to our communities.”

United States District Court Judge Raymond Moore sentenced Velasco-Ochoa on February 24, 2023.

Agents and deputies assigned to the Organized Crime Drug Enforcement Task Force (OCDETF) Strike Force from the FBI, HSI, ICE ERO, IRS-CI, and the Douglas County Sheriff’s Office conducted the investigation and were assisted by officers and deputies from the DEA, the Colorado State Patrol, the Aurora Police Department, and the Arapahoe County Sheriff’s Office.  Assistant United States Attorney Cyrus Y. Chung handled the prosecution of the case.

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

Case number:  20-cr-0028

Former Union President Admits Filing False Report to Hide Embezzlement; Agrees to Repay Union $36,000

Source: United States Attorneys General 5

SAN DIEGO – Felix Luciano, the former President of Local 2805 chapter of the American Federation of Government Employees and former Department of Homeland Security officer, pleaded guilty in federal court today, admitting he filed a false report to conceal his embezzlement of thousands of dollars in union dues.

Local 2805 is a labor union which represents Department of Homeland Security, Immigration and Customs Enforcement employees in San Diego and Imperial Counties. Additionally, Luciano agreed to pay a $10,000 fine and repay Local 2805 $36,000 as money that he embezzled.

According to court records, Luciano was president of Local 2805.  From January of 2016 to December of 2018, Luciano used some of Local 2805’s money for a variety of personal expenses, including shopping, travel reimbursements, groceries, dining, dry cleaning, and paying for non-union accounts. He did this by writing checks from Local 2805’s checking account and using Local 2805’s debit and credit cards to directly pay personal expenses. As a result of Luciano’s actions, he caused a total loss of $36,000 to Local 2805. 

As Local 2805’s president, Luciano was required to file an annual Form LM-3 financial report with the United States Department of Labor, Office of Labor-Management Standards. A Form LM-3 is a report containing information about the organization over the prior year, including assets, liabilities, and disbursements to officers. A Form LM-3 is sworn under penalty of perjury. In the LM-3 report he filed in 2018, Luciano underreported the amount of money that he received from Local 2805 and Local 2805’s cash balance. In doing so, Luciano attempted to hide his embezzlement from the Department of Labor, his fellow union officers, as well as the union membership whose dues were the source of the embezzled funds. 

“When workers, who are the backbone of our community, devote their hard-earned money to labor unions, they rightly expect the officers to be honest stewards of their dues,” said U.S. Attorney Randy Grossman. “Felix Luciano abused the trust of the ICE government employees represented by Local 2805 by using the union’s money for his own personal benefit and enrichment, and then filed a false financial report that concealed the misappropriation of those funds.” Grossman thanked the prosecution team and investigation agencies for their work on this case.

“While the vast majority of union officials do their work diligently and without incident, unfortunately criminal violations do occur.  When they do, it is the union and its members that are the victims.  Felix Luciano embezzled over $36,000 from AFGE Local 2805 that should have been used for its members’ benefit,” said Ed Oquendo, District Director, U.S. Department of Labor, Office of Labor-Management Standards.  “OLMS is committed to hold accountable anyone who unlawfully exploits their position for financial gain at the expense of their fellow union members.”

Carroll Harris, Postal Inspector in Charge of the Los Angeles Division stated, “This investigation was an excellent example of a partnership between federal law enforcement agencies, working together in the pursuit of justice.  I fully commend the hard work and countless hours put forth by all the law enforcement agencies involved.” 

Luciano is scheduled to be sentenced on September 15, 2023 at 9:00 a.m. before U.S. District Judge Jinsook Ohta. 

DEFENDANT                       Case No. 22CR2201-JO

Felix Luciano                          Age: 61                       San Diego, California

SUMMARY OF CHARGE

False Statement, a felony, in violation of Title 18, United States Code, Section 1001.

Maximum Penalty:  Five years in custody; a fine of $250,000 

INVESTIGATING AGENCIES

Department of Labor, Office of Labor Management Standards

Department of Labor, Office of Inspector General

Department of Homeland Security, Office of Inspector General

United States Postal Inspection Service

Sutter Health Agrees To Pay $13 Million To Settle False Claims Act Allegations Of Improper Billing For Lab Tests

Source: United States Attorneys General 5

SAN FRANCISCO – Sutter Health, a Sacramento-based health care services provider, and its affiliate Sutter Bay Hospitals, the successor to Sutter East Bay Hospitals dba Alta Bates Summit Medical Center (collectively Sutter Health), agreed to pay more than $13 million to settle allegations that it violated the False Claims Act by billing the United States for toxicology screening tests performed by outside labs, announced United States Attorney Stephanie M. Hinds; Federal Bureau of Investigation San Francisco Special Agent in Charge Robert K. Tripp; Office of Personnel Management Office of Inspector General (OPM OIG) Special Agent in Charge Amy K. Parker; Department of Health and Human Services Office of Inspector General (HHS-OIG) Special Agent in Charge Steven J. Ryan; Department of Defense Office of Inspector General, Defense Criminal Investigative Service (DCIS) Western Field Office Special Agent in Charge Bryan D. Denny; and the Defense Health Agency (DHA). 

“Sutter Health agreed to pay $13 million to settle allegations that it billed government health programs for lab tests performed by others,” said U.S. Attorney Stephanie M. Hinds. “Government health care programs must be protected, and this office will investigate and pursue health care providers that fail to provide the services paid for by public health care programs.”

“Investigating health care fraud and abuse is a priority for the FBI,” said FBI San Francisco Special Agent in Charge Robert K. Tripp. “These cases are often worked in conjunction with our federal law enforcement partners, and this settlement is a great example of the multi-agency investigative team’s hard work to protect the integrity of the Federal Employees Health Benefits Program.”

“The OPM OIG is committed to protecting the Federal Employees Health Benefits Program from fraudulent claims,” said OPM OIG Special Agent in Charge Amy K. Parker. “I applaud the dedicated team for their effort in securing today’s settlement.”

“When medical providers charge federal health care programs for services that other providers actually performed, the integrity of these programs is undermined,” said HHS-OIG Special Agent in Charge Steven J. Ryan. “Working with our law enforcement partners, we will continue to uproot and investigate such schemes.”

“Today’s announced outcome concludes a collaborative effort to hold Sutter Health accountable for its improper billing practices that harmed our health care system, including the Department of Defense’s TRICARE program,” said DCIS Western Field Office Special Agent in Charge Bryan D. Denny. “DCIS will continue to work closely with our law enforcement partners to protect the integrity of the health care system.”

“We commend the Department of Justice, the U.S. Attorney’s office, and the other state and federal agencies for their commitment to justice,” stated the Defense Health Agency. “Their efforts protect taxpayer dollars to ensure our service members, veterans and their families continue to receive the highest level of medical care.”

The United States contends in the civil settlement agreement signed by Sutter Health that under the terms of a contract which the Sutter Health hospital Alta Bates Summit Medical Center entered into with Navigant Network Alliance, LLC, Navigant referred urine toxicology specimens obtained from physicians and laboratories across the country to Sutter. Sutter submitted bills, or caused bills to be submitted, for reimbursement of the qualitative and quantitative testing it performed on the specimens. The United States asserts that Sutter did not perform the quantitative testing on thousands of specimens referred under the agreement and that these quantitative tests were instead performed by third-party labs. The United States alleges that Sutter nevertheless sought reimbursement for the tests. In the settlement agreement, the United States contends that between August 1, 2016, and June 30, 2017, Sutter billed for urine toxicology tests it did not perform and was paid for the testing by the Federal Employees Health Benefits Program, Medicare, Medicaid, and Tricare. 

Sutter agrees in the settlement agreement to pay $13,091,452 to settle the false claims allegations. Of that amount, Sutter has already paid more than $6.5 million to the United States. Sutter agrees to pay the remaining amount of approximately $6.5 million to the United States within 30 days. The settlement agreement resolves the civil law claims that the United States might have brought based upon these allegations.

This matter is being handled by Assistant United States Attorney David DeVito, with assistance from Garland He, Jonathan Birch, Lillian Do, and Alan Lopez. The matter is the result of a coordinated investigation between the U.S. Attorney’s Office for the Northern District of California and the FBI, OPM OIG, HHS-OIG, DCIS, and the DHA.

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

The civil settlement agreement is neither an admission of liability by Sutter Health nor a concession by the United States that its claims are not well founded.
 

U.S. Attorney Stephanie M. Hinds Announces $399,000 In Justice Department Grants To Support Project Safe Neighborhoods

Source: United States Attorneys General 5

SAN FRANCISCO – U.S. Attorney Stephanie M. Hinds announced today that the Department of Justice has awarded $399,193 to support the Project Safe Neighborhoods Program in the Northern District of California. Funding will support community efforts to address the epidemic of gun crime and serious violence in the district. The grant is one of a number of awards being made to state and local agencies across the country. Funds are administered by the Bureau of Justice Assistance, part of the Department’s Office of Justice Programs.

Launched two decades ago as an evidence-based and community-oriented response to serious gun crime, Project Safe Neighborhoods, known as PSN, is a key component of the Department’s Comprehensive Strategy for Reducing Violent Crime, outlined by Deputy Attorney General Monaco in May 2021. The PSN approach is guided by four key principles: fostering trust and legitimacy in our communities; supporting community-based organizations that help prevent violence from occurring in the first place; setting focused and strategic enforcement priorities; and measuring the results of our efforts. The fundamental goal is to reduce violent crime, not simply to increase the number of arrests or prosecutions.

“Reducing violence and sustaining those reductions will require strong partnerships between criminal justice agencies and community stakeholders and a shared commitment to the safety and well-being of every community member,” said OJP Deputy Assistant Attorney General Maureen Henneberg. “The investments we are making through Project Safe Neighborhoods will enable every stakeholder to play a part in building safer and healthier communities.” 

PSN programs are led by U.S. Attorneys’ Offices in collaboration with local public safety agencies and community organizations. The programs’ emphasis on community engagement, prevention and intervention measures, focused and strategic enforcement, and measurement and accountability has helped achieve overall reductions in violent crime, including gun homicides, in neighborhoods where PSN strategies have been implemented.

“Over its two-decade history, Project Safe Neighborhoods has evolved to meet the complex challenges of community violence by enlisting the insights and expertise of local partners and by relying on the latest evidence,” said BJA Director Karhlton F. Moore. “We are proud to support our U.S. Attorneys and their allies in their critical work to curb violent crime and build the mutual trust necessary to ensure lasting success.”

The awards announced above are being made as part of the regular end-of-fiscal year cycle. More information about awards under PSN and other OJP grants can be found on the OJP Grant Awards Page.

The Office of Justice Programs provides federal leadership, grants, training, technical assistance and other resources to improve the nation’s capacity to prevent and reduce crime, advance racial equity in the administration of justice, assist victims and enhance the rule of law. More information about OJP and its components can be found at www.ojp.gov.
 

Oakland Dealer Pleads Guilty To Selling Fentanyl Over Months In San Francisco’s Tenderloin

Source: United States Attorneys General 5

SAN FRANCISCO – Alex Murillo pleaded guilty today to all eight counts in a federal indictment charging him with multiple sales of fentanyl and methamphetamine that occurred in San Francisco’s Tenderloin District, announced United States Attorney Stephanie M. Hinds and Drug Enforcement Administration (DEA) Acting Special Agent in Charge Bob P. Beris. 

Murillo, 25, who resides in Oakland, was arrested on June 21, 2022, following the filing of a federal criminal complaint charging multiple street drug sales by Murillo in the Tenderloin. The complaint alleged that on April 7, 2022, Murillo met up with two undercover police officers near 8th and Market Streets in the Tenderloin and sold the undercover officers approximately five grams of fentanyl for $100. The complaint also asserted that on June 8, 2022, Murillo communicated again with one of the undercover police officers and met with the officer near the San Francisco Civic Center BART platform in the Tenderloin. The complaint describes that Murillo sold the undercover officer two ounces of fentanyl and three ounces of methamphetamine for $1,400. 

After the complaint was filed, a federal grand jury issued an eight-count indictment that contained, in addition to the complaint’s two charges, six other charges against Murillo for fentanyl and methamphetamine trafficking on four other days. The indictment charges in two counts that Murillo on March 23 and again on April 21, 2022, sold fentanyl in the Tenderloin. In those sales, as described in a filed government detention memo, Murillo sold $40 of yellow fentanyl and $750 of pink fentanyl, respectively, to undercover police officers. The indictment also charges that on May 12, 2022, Murillo sold approximately one ounce of fentanyl and two ounces of methamphetamine for $800 to an undercover police officer in the Tenderloin. The indictment lastly charges that on June 21, 2022, Murillo possessed methamphetamine with the intention to sell it. On that date, as described in the government’s memo, law enforcement officers arrested Murillo outside of his Oakland apartment and seized nearly four ounces of methamphetamine from his backpack. 

Murillo pleaded guilty today to all of the indictment’s eight counts, which included three counts of possession with the intent to distribute and distribution of fentanyl in violation of 21 U.S.C. § 841(a)(1), (b)(1)(C). Each of these counts carries a maximum prison sentence of 20 years. He also pleaded guilty to two counts of possession with the intent to distribute and distribution of at least 40 grams of fentanyl in violation of 21 U.S.C. § 841(a)(1), (b)(l)(B)(vi) and to three counts of possession with the intent to distribute and distribution of 50 grams and more of a substance containing methamphetamine in violation of 21 U.S.C. § 841(a)(1), (b)(l)(B)(viii). Each of these counts carry a maximum prison sentence of 40 years and a minimum sentence of 5 years. All of these counts also carry a period of supervision after release from prison for at least three years and for up to life. However, any sentence following a conviction would be imposed by a court only after consideration of the U.S. Sentencing Guidelines and the federal statute governing the imposition of a sentence, 18 U.S.C. § 3553.

United States District Judge Susan Illston received Murillo’s guilty pleas and set a sentencing hearing for Murillo on January 20, 2023. Murillo remains in custody while awaiting his sentencing hearing.

Assistant U.S. Attorney Christa Hall is prosecuting the case, with the assistance of Lance Libatique. The prosecution is the result of an investigation by DEA and the San Francisco Police Department. 

One Pill Can Kill: Avoid pills bought on the street because One Pill Can Kill. Fentanyl is a highly potent opiate that drug dealers use to create counterfeit pills which appear to be Oxycodone, Percocet, Xanax, and other drugs. Fentanyl is used because it is cheap. However, very small variations in the quantity or quality of fentanyl in a counterfeit pill will have huge effects on the pill’s potency, and these pills easily can and do cause deaths. Fentanyl is now the leading cause of drug overdose deaths in the United States. Counterfeit, fentanyl-laced pills are usually shaped and colored to look like pills that are sold at pharmacies, like Percocet, Xanax, and others. For example, counterfeit pills known as “M30s” imitate Oxycodone, but when sold on the street they routinely contain fentanyl. These counterfeits are usually round tablets and often light blue in color, though they may be in a rainbow of colors, and they often have “M” and “30” imprinted on opposite sides of the pill. Do not take these or any other pills bought on the street – they can be counterfeit and poisonous, and you won’t know until it’s too late.