Source: United States Attorneys General

Headline: Two charged with illegally reentering U.S. after deportation

Two people were indicted in federal court for illegally reentering the United States, U.S. Attorney Justin E. Herdman said.

Jose Guillermo Uribe Perez, 30, a citizen of Mexico, was found in Austintown in December 2017 after having been previously deported to Mexico, according to the indictment.

Timateo Calel-Herrera, 32, a citizen of Guatemala, was found in Dover on Jan. 22 after having been previously deported three times to Guatemala, according to the indictment.

Assistant United States Attorney Brad J. Beeson is prosecuting the cases following investigations by the Immigration and Customs Enforcement, Department of Homeland Security.

If convicted, the defendant’s sentence will be determined by the court after review of factors unique to this case, including the defendant’s prior criminal record, if any, the defendant’s role in the offense, and the characteristics of the violation.  In all cases, the sentence will not exceed the statutory maximum and in most cases it will be less than the maximum.

An indictment is only a charge and is not evidence of guilt.  A defendant is entitled to a fair trial, in which it will be the government’s burden to prove guilt beyond a reasonable doubt.

Source: United States Attorneys General

Headline: Southbury Man Who Detonated Pipe Bomb Sentenced to 57 Months in Prison

John H. Durham, United States Attorney for the District of Connecticut, announced that BRIAN FLUMAN, 34, of Southbury, was sentenced today by Senior U.S. District Judge Alfred V. Covello in Hartford to 57 months of imprisonment, followed by three years of supervised release, for possessing and detonating a pipe bomb.

According to court documents and statements made in court, on April 15, 2017, FLUMAN detonated a pipe bomb, which he had built, in the vicinity of Upper Grassy Hill Road in Woodbury.

On June 8, investigators conducted a court-authorized search of FLUMAN’s Southbury residence and seized three pipes with end caps, Pyrodex, a fuse, an electric blasting cap, and a semi-automatic rifle.

FLUMAN’s criminal history includes state felony convictions for larceny, burglary and narcotics possession.

FLUMAN has been detained since his arrest on July 26, 2017.  On November 15, he pleaded guilty to one count of possession of a destructive device by a convicted felon.

This matter was investigated by the Federal Bureau of Investigation, Connecticut State Police and Woodbury Resident Trooper’s Office.  The case was prosecuted by Assistant U.S. Attorney Jacabed Rodriguez-Coss.

Source: United States Attorneys General

Headline: Brooklyn-Based Home Health Care Service and Its President Agree to Pay Over $6.4 Million to Settle False Claims Act Suit Alleging Improper Billing Practices

Home Family Care, Inc. (HFC), a Brooklyn-based company that provides home health care services, and Alexander Kiselev, the co-owner and President of HFC, have entered into a civil settlement agreement under which they have agreed to pay $6,415,000 to resolve allegations that they violated the federal and state False Claims Acts by falsely billing Medicaid for home health care services that HFC did not provide to Medicaid recipients.  HFC’s former Vice President, Michael Gurevich, entered into a separate settlement regarding the same allegations. The settlement agreements were approved by United States District Judge Sterling Johnson, Jr.

Richard P. Donoghue, United States Attorney for the Eastern District of New York, announced the settlements.

“When health care providers seek and receive Medicaid funds for services that they never provided, they jeopardize the fiscal integrity of a critical health care program,” stated United States Attorney Donoghue.  “We will hold health care providers accountable for their violations of federal law.”  Mr. Donoghue thanked the Medicaid Fraud Control Unit of the Office of the New York State Attorney General, the Office of the Inspector General of the U.S. Department of Health and Human Services, and the New York Office of Field Operations and the Office of Associate Chief Counsel (New York) of U.S. Customs and Border Protection for their assistance in the investigation.

An investigation revealed that, from the time HFC began operating in or about 2008 until at least May 2014, HFC engaged in a fraudulent scheme to enrich itself at the expense of Medicaid by knowingly and systematically billing for home health aide and personal care aid services that were not in fact provided to Medicaid recipients.  To carry out this scheme, HFC directed its employees to deliberately circumvent its own system for verifying the attendance of aides at the homes of Medicaid recipients for whom the aides were allegedly providing care and to deliberately circumvent HFC’s internal controls that purported to ensure that aides were present in the recipients’ homes. 

The allegations were brought to the government’s attention through the filing of a complaint pursuant to the qui tam provisions of the False Claims Act.  Under the Act, private citizens can bring suit on behalf of the United States and share in any recovery. 

The United States’ case is being handled by Assistant United States Attorney Elliot M. Schachner of the Office’s Civil Division.

E.D.N.Y. Docket No. 10-CV-2490 (SJ)

Source: United States Attorneys General

Headline: Pharr Woman Convicted of Bank Fraud

McALLEN, Texas – A former bank employee has entered a guilty plea to allegations she stole more than $1 million from customer accounts, announced U.S. Attorney Ryan K. Patrick. 

Cynthia Luna Rodriguez, 45, of Pharr, acknowledged she committed two counts of bank fraud and one count of embezzlement that occurred over eight years. Rodriguez admitted to illegally withdrawing money from customers’ accounts and to hiding the unauthorized withdrawls by back-filling the accounts with money from other customers’ accounts and by changing the address on the customer accounts without authorization. 

Rodriguez worked at First National Bank in Edinburg. Beginning in at least January 2006, she began taking money from customer accounts without authorization. She continued to do so during the time PlainsCapital Bank took over First National Bank.

A PlainsCapital Bank audit resulted in her firing on Aug. 12, 2014. Following her termination, employees discovered documents at her desk including a 1099 statement belonging to one of the victims. The statement had been altered with whiteout over the address and interest earned sections and new information typed over them. The new address was actually a private mailbox that Rodriguez leased.  

Law enforcement executed a search warrant on that private mailbox, at which time they discovered multiple mailings to account holders at her address. 

Further investigation revealed a large amount of unexplained money deposited into some of Rodriguez’s accounts which corresponded with the time of the unauthorized withdrawls from the victim accounts. The victim accounts belonged to individuals who interacted with Rodriguez directly when she was employed at the bank. The accounts primarily belonged to elderly individuals and to individuals living out of the country whom were not likely to regularly monitor their accounts. When account holders or their representatives came in to close their statements, Rodriguez moved money from another victim’s account to backfill the account about to be closed. 

A forensic audit conducted by an outside accounting firm determined that approximately $1.3 million was taken from six victim accounts over an eight-year time span. As part of her plea, Rodriguez agreed to pay more than $1.1 million in restitution.  

U.S. District Court Judge Micaela Alvarez accepted the plea and sent sentencing for April 11, 2018. At that time, Rodriguez faces up to 30 years in federal prison and a possible $1 million fine. She was permitted to remain on bond pending that hearing.  

The FBI conducted the investigation. Assistant U.S. Attorney Joseph Leonard is prosecuting the case.

Source: United States Attorneys General

Headline: California Woman Sentenced for Importing Methamphetamine and Heroin

LAREDO, Texas – A 42-year-old woman has been ordered to federal prison following her conviction of conspiracy to import methamphetamine and heroin, announced U.S. Attorney Ryan K. Patrick. Aurelia Rufino-Pilar pleaded guilty Sept. 5, 2017.  

Today, U.S. District Court Judge Diana Saldaña ordered her to serve a total of 108 months in prison. She is a legal permanent resident, but could face deportation proceedings following her term of imprisonment.   

On April 21, 2017, Rufino-Pilar arrived at the Lincoln-Juarez Bridge port of entry in Laredo in a taxi and applied for admission to the United States. At primary inspection, she stated she had luggage and some bags in the taxi. She claimed they were not hers and was just taking them to San Antonio for a friend.

She further stated that she was a legal permanent resident who had traveled from her home in Bakersfield, California, to Nuevo Laredo, Tamaulipas, Mexico, and had stayed there two hours to receive treatment for psoriasis. She said she was going to take her friend’s luggage to San Antonio and then return to her home in California.

The taxi was referred to secondary inspection where agents discovered eight tubs of mole inside four duffle bags. The officers opened one tub and found a cylindrical object from which a sample was taken and tested positive for methamphetamine. A sample from another cylinder tested positive for heroin. In total, authorities discovered a total of 36.18 kilograms of liquid methamphetamine and 4.14 kilograms of heroin.

Rufino-Pilar ultimately admitted that the purpose of her trip was to transport narcotics to San Antonio and to seek treatment for her skin condition. She planned to take a bus to San Antonio to deliver the narcotics.

She has been in custody where she will remain pending transfer to a U.S. Bureau of Prisons facility to be determined in the near future.  

Customs and Border Protection and Immigration and Customs Enforcement’s Homeland Security Investigations conducted the investigation. Assistant U.S. Attorney Michael Bukiewicz is prosecuting the case.

Source: United States Attorneys General

Headline: New Haven Man Pleads Guilty to Federal Robbery and Gun Charges

John H. Durham, United States Attorney for the District of Connecticut, announced that SHAQUILLE RICHARDSON, 23, of New Haven, pleaded guilty today before U.S. District Judge Michael P. Shea in Hartford to federal robbery and firearm charges.

According to court documents and statements made in court, on June 30, 2016, at approximately 1:41 a.m., New Haven Police officers were dispatched to Ferry Street after a report of person who had been shot.  At the scene, officers found two victims.  One victim had been shot in the left elbow and was bleeding heavily, and the other victim was bleeding from the nose. 

The investigation, which has included witness interviews, DNA evidence, ballistics evidence and footage from a surveillance video, revealed that RICHARDSON and another individual attacked the two victims after they exited a convenience store in an attempt to steal marijuana from the victims.  RICHARDSON struck one of the victims in the face with a gun.

Officers apprehended RICHARSON near the scene of the robbery.  When RICHARDSON was found, he was bleeding from a gash to his hand where one of the victims had slashed him with a knife in self-defense. 

RICHARDSON pleaded guilty to one count of Hobbs Act Robbery, an offense that carries a maximum term of imprisonment of 20 years, and one count of carrying a firearm in furtherance of a crime of violence, which carries a mandatory consecutive term of imprisonment of five years.  Judge Shea scheduled sentencing for April 25, 2018.

RICHARDSON has been detained since his arrest on June 30, 2016.

This matter is being investigated by the New Haven Police Department and the Bureau of Alcohol, Firearms, Tobacco and Explosives.  The case is being prosecuted by Assistant U.S. Attorneys Peter D. Markle and Jocelyn Courtney Kaoutzanis.

Source: United States Attorneys General

Headline: Putnam County Man Sentenced To 15 Years In Prison For Sexual Exploitation Of A 12-Year-Old Girl In 2003

Geoffrey S. Berman, the United States Attorney for the Southern District of New York, announced today that JOHN ASMODEO, 34, was sentenced to 15 years in prison for engaging in, and videotaping, sexual activity with a minor in the fall of 2003.  ASMODEO pled guilty on October 23, 2017, before U.S. District Judge Vincent Briccetti, who also imposed today’s sentence.

Manhattan U.S. Attorney Geoffrey S. Berman said:  “This case underlines the urgent need for law enforcement to continue its efforts to protect children from those who prey on them. We will continue to use every tool available to law enforcement to prosecute and punish those who sexually exploit children.”                                                                                                         

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

In the fall of 2003, when ASMODEO was 20, he engaged in sexual intercourse with a then 12 year-old girl (“Victim-1”) and he used a camera to record the sexual activity.  He took photographs of Victim-1 as well as videos of the sexual intercourse.  The camera used to create the video files was a Fujifilm Finepix 3800, a camera manufactured in Japan.

Later, ASMODEO copied the video files of Victim-1 onto a compact disk he labeled “Girls.”  He gave that “Girls” disk to a third party in 2005.  In 2016, that third party provided the “Girls” disk to law enforcement.

In or about April 2014, ASMODEO’S residence in Putnam County came to the attention of Homeland Security Investigations because it appeared that an Internet Protocol address connected to that residence was making child pornography available via a peer-to-peer file sharing network.  A search warrant was executed, resulting in the seizure of numerous computers.  The forensic examination of these items revealed thousands of sexually explicit images of prepubescent children. The examination also revealed that, on various dates in 2013, ASMODEO used a hidden camera to videotape a 10-year-old girl undressing in his bathroom.

In announcing the sentence, Judge Briccetti underscored that the defendant’s conduct was “appalling” and “extraordinarily harmful to the victim.”

*                *                *

In addition to the prison term, ASMODEO, 34, of Carmel, New York, was sentenced to 10 years of supervised release.  

Mr. Berman praised the efforts of Homeland Security Investigations, the Carmel Police Department, and the Putnam County District Attorney’s Office in connection with this investigation.

The prosecution is being handled by the Office’s White Plains Division.  Assistant United States Attorneys Marcia S. Cohen and Lauren Schorr are in charge of the prosecution.  

Source: United States Attorneys General

Headline: Washington Man Sentenced to Over 5 Years in Prison for Drug Offense

MISSOULA – Eric David Fletcher, a 36-year-old resident of Washougal, Washington, was sentenced today to 66 months in prison followed by 5 years supervised release after pleading guilty to conspiracy to possess with intent to distribute a controlled substance.  U.S. District Judge Dana Christensen handed down the sentence.

On December 12, 2014, Montana Division of Criminal Investigation (“MTDCI”) completed a controlled drug purchase wherein a Confidential Source (“CHS”) purchased approximately three ounces of methamphetamine for $3,300.00 from Judy Collins and her supplier/son, Eric Fletcher.  They met at the La Quinta Inn in Butte, Montana to do the transaction.  The CHS and Fletcher discussed future purchases of approximately a half-pound of methamphetamine and discussed meeting halfway between Butte and Washington for the transaction.  Fletcher also stated that he would normally pick up at least a half-pound on a regular basis and bring it over to Butte for resale.  That methamphetamine was later sent to the DEA Western Regional Laboratory.  Analysis of the drug evidence revealed 81.4 grams of actual methamphetamine with a purity of 97.8%.

On January 24, 2015, the FBI and MTDCI used the same CHS to communicate with Fletcher.  They learned that Fletcher was on his way from Washington to Montana with a drug load.  The CHS advised investigators that Fletcher would be soon arriving in Saint Regis, Montana.  Investigators saw Fletcher’s vehicle exit the highway and enter the Motel 6 parking lot. Officers conducted a traffic stop of Fletcher’s car.  As officers patted Fletcher down for weapons/officer safety they discovered a plastic baggie containing suspected heroin.  A search warrant for Fletcher’s vehicle was obtained and executed by officers.  The search resulted in officers finding a .22 caliber pistol, ten rounds of .22 caliber ammunition, a digital scale, and a plastic baggie containing suspected methamphetamine. The suspected methamphetamine found in Fletcher’s car was later sent to the DEA Western Regional Laboratory for testing and revealed that there was 108.5 grams of methamphetamine with a purity of 98.2%.  After the traffic stop, Fletcher waived his rights and agreed to talk with investigators.  He admitted his role in the drug conspiracy.  He told investigators that he had made approximately 12 to 18 trips from Washington to Montana beginning in September or October of 2014 and that he had distributed between three and eight ounces each time he made the trip.  Fletcher further told investigators that he still owed his source of supply in Washington money because of methamphetamine that had been fronted to him.

Fletcher’s co-conspirator Judy Collins previously pled guilty to drug trafficking on August 10, 2016, and was sentenced to 72 months in prison.

The case was prosecuted by Assistant U.S. Attorney Bryan R. Whittaker and investigated by the Federal Bureau of Investigation and the Montana Division of Criminal Investigation.

The U.S. Attorney’s Office is partnering with federal, state, local and tribal law enforcement to identify those responsible for significant violent crime in Montana.  A centerpiece of this effort is Project Safe Neighborhoods, a recently reinvigorated Department of Justice program that has proven to be successful in reducing violent crime.  Today’s sentencing is part of the Project Safe Neighborhoods program.

Source: United States Attorneys General

Headline: New England Compounding Center Pharmacist Sentenced for Role in Nationwide Fungal Meningitis Outbreak

BOSTON – The former supervisory pharmacist of New England Compounding Center (NECC) was sentenced today in connection with the 2012 nationwide fungal meningitis outbreak that killed 64 and caused infections in 793 patients.

Glenn Chin, 49, of Canton, Mass., was sentenced by U.S. District Court Judge Richard G. Stearns to eight years in prison, two years of supervised release, and forfeiture and restitution in an amount to be determined later. In October 2017, Chin was convicted by a federal jury in Boston of 77 counts, including racketeering, racketeering conspiracy, mail fraud and introduction of misbranded drugs into interstate commerce with the intent to defraud and mislead.

“Mr. Chin was a pharmacist, but again and again he acted with complete disregard for the health and safety of patients,” said United States Attorney Andrew E. Lelling. “Mr. Chin will now be held responsible for producing contaminated drugs that killed dozens and grievously harmed over 750 people across the country. No patient should suffer harm at the hands of a medical professional, and we will continue to work with our law enforcement partners to combat fraud and abuse in the health care system.”

“A key aspect of the FDA’s mission is to ensure that drugs are made under high quality conditions so that no patient is at risk of harm due to poorly compounded products,” said FDA Commissioner Scott Gottlieb, M.D. “In response to episodes where patients were harmed by poorly compounded drugs, Congress passed a new set of laws to improve the FDA’s oversight of these products. We’re committed to the efficient, timely and robust implementation of that framework to help make sure patients can trust the reliability and safety of compounded drugs, recognize the benefits of pharmacy compounding, and that we protect consumers from harm.”

“As a licensed pharmacist, Glenn Chin took an oath to protect his patients,” said Harold H. Shaw, Special Agent in Charge, FBI Boston Division. “In contrast, he failed miserably by cutting corners, ignoring warning signs, and harming hundreds of people with his reckless disregard for their safety.  Dozens of unsuspecting patients died because of the tainted drugs that were distributed on his watch.  Now, Mr. Chin is finally being held accountable for his role in one of the worst pharmaceutical disasters in this country. The FBI hopes today’s sentence will bring some comfort to the hundreds of victims and their families who have suffered so much.”

In 2012, 753 patients in 20 states were diagnosed with a fungal infection after receiving injections of preservative-free methylprednisolone acetate (MPA) manufactured by NECC.  Of those 753 patients, the U.S. Centers for Disease Control and Prevention (CDC) reported that 64 patients in nine states died.  The government has since identified a total of 793 patients throughout the country harmed by NECC’s contaminated steroids.

Chin manufactured three lots of contaminated MPA, which comprised more than 17,000 vials of medication. In doing so, Chin ignored NECC’s own drug formulation worksheets and standard operating procedures. Specifically, he improperly sterilized the MPA, failed to verify the sterilization process, and improperly tested it to ensure sterility. Despite knowing these deficiencies, Chin directed the MPA to be filled into thousands of vials and shipped to NECC customers nationwide.  During the fungal meningitis outbreak, the CDC identified 18 different types of fungi from MPA vials and patient samples.  In the words of one public health official, NECC was a “fungal zoo.”

Chin directed the shipping of drugs prior to receiving test results confirming their sterility, and he directed NECC staff to mislabel drugs to conceal this practice. He also directed the compounding of drugs with expired ingredients, including chemotherapy drugs that had expired several years prior. Chin prioritized drug production over cleaning, directed the forging of cleaning logs, and routinely ignored mold and bacteria found inside the clean rooms. Lastly, for more than three years, Chin, along with co-conspirators, utilized a pharmacy technician whose license had been revoked by the Massachusetts Board of Pharmacy to compound highly sensitive cardiac drug solutions, and took steps to conceal the technician’s presence inside the clean room from state regulators. 

“One of the Defense Criminal Investigative Service’s (DCIS) priorities is to protect the integrity of TRICARE, the U.S. Defense Department’s health care program,” stated Special Agent in Charge Leigh-Alistair Barzey, DCIS Northeast Field Office. “Today’s sentencing demonstrates DCIS’ commitment to work with the USAO-MA, the FBI, the FDA-OCI and its other law enforcement partners, to identify, investigate and prosecute individuals who disregard pharmaceutical regulations and endanger the health and safety of U.S. military members, retirees and their families.‎”

“The VA provides healthcare to those who have sacrificed so much for our country and fortunately no veterans receiving VA care were harmed by the fungal meningitis outbreak. However, it is appalling that NECC staff acted with such reckless disregard for patients by putting profits over safety,” said Special Agent in Charge Sean J. Smith for the Department of Veterans Affairs, Office of Inspector General.  “The VA Office of Inspector General is honored to work with our partners in law enforcement on such an important investigation and assist in bringing those individuals who were responsible to justice.”

“The sentence imposed today on Glenn Chin demonstrates the commitment of the U.S. Postal Inspection Service and our law enforcement partners, to the safety and health of the American public,” said Raymond Moss, Acting Inspector in Charge of the U.S. Postal Inspection Service, Boston Division.  “Chin’s actions as a supervising pharmacist jeopardized the health of many patients and we will continue to investigate and take action against those who take part in this type of egregious behavior.”

U.S. Attorney Lelling, FDA Commissioner Gottlieb, M.D., FBI SAC Shaw, DCIS SAC Barzey, VA OIG SAC Smith, and Acting Inspector in Charge of USPIS Moss made the announcement today.  Assistant U.S. Attorneys George P. Varghese and Amanda P.M. Strachan of Lelling’s Health Care Fraud Unit prosecuted the case.