Source: United States Attorneys General

Headline: Carlsbad Man Sentenced to Thirteen Years in Federal Prison for Unlawfully Possessing Firearms and Ammunition

ALBUQUERQUE – Mia Coy Campbell, 34, of Carlsbad, N.M., was sentenced yesterday afternoon in federal court in Las Cruces, N.M., in two cases to a total of 156 months of imprisonment for violating the federal firearms laws by unlawfully possessing firearms and ammunition.  Campbell will be on supervised release for three years after completing his prison sentence. 

Campbell’s sentence was announced by Acting U.S. Attorney James D. Tierney, Special Agent in Charge Terry Wade of the FBI’s Albuquerque Division, Special Agent in Charge John J. Durastanti, Phoenix Field Division of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), Chief Kent Waller of the Carlsbad Police Department, and Commander James McCormick of the Pecos Valley Drug Task Force (PVDTF).

Campbell was prosecuted under a federal anti-violence initiative that targets the “worst of the worst” offenders for federal prosecution.  Under this initiative, the U.S. Attorney’s Office and federal law enforcement agencies work with New Mexico’s District Attorneys and state, local and tribal law enforcement agencies to target violent or repeat offenders primarily based on their prior criminal convictions for federal prosecution with the goal of removing repeat offenders from communities in New Mexico for as long as possible.

Campbell was prosecuted in two separate criminal cases for unlawfully possessing firearms in July 2015 and Sept. 2015.  According to court records, Campbell was prohibited from possessing firearms or ammunition because of his prior felony convictions for possession of methamphetamine and escaping from a correctional institution.

In the first case, Campbell was arrested on a criminal complaint in Sept. 2015, after law enforcement officers found an assault rifle, which Campbell allegedly used to shoot at an occupied residence in Carlsbad, when they executed a search warrant at a residence in Roswell, N.M.  Campbell subsequently was indicted in the case in Oct. 2015, and was charged with unlawfully possessing a firearm in Eddy County on Aug. 4, 2015.  The indictment in the first case was superseded in Feb. 2016, to charge Campbell with two counts of being a felon in possession of a firearm based on his possession of firearms on July 31, 2015 and Aug. 4, 2015, and one count of unlawfully possessing a machinegun on July 31, 2015. 

On Aug. 8, 2016, Campbell entered a guilty plea to the superseding indictment in the first case.  In entering the guilty plea, Campbell admitted that on July 30 and 31, 2015, he possessed an assault rifle, which is considered a machinegun under federal law.  Campbell also admitted that on Aug. 4, 2015, he unlawfully possessed a pistol.  Campbell acknowledged that he was prohibited from possessing firearms as the result of his status as a convicted felon.  During yesterday’s sentencing hearing, Campbell was sentenced to 60 months in prison followed by three years of supervised release for his conviction in the first case.

With respect to the second case, Campbell was arrested in Oct. 2015, for unlawfully possessing a firearm based on investigation conducted by the Pecos Valley Drug Task Force (PVDTF) and FBI agents on Sept. 24, 2015.  According to the criminal complaint, on that day, the PVDTF and FBI arrested Campbell on the federal arrest warrant issued in the first case as Campbell was walking away from a canopy that covered a partially disassembled go-cart at his residence.  When arrested, Campbell’s hands were dirty and greasy and it appeared as if he had been working on the go-cart.  A smoldering cigarette near a tool bag by the go-cart drew an officer’s attention where the officer found a firearm.  A search of Campbell incident to arrest revealed that he had a pack of cigarettes in his pocket containing the same type of cigarette that was smoldering on the ground near the go-cart.  On Nov. 5, 2015, Campbell was indicted and charged with being a felon in possession of a firearm on Sept. 24, 2015.

On March 24, 2016, a federal jury convicted Campbell of being a felon in possession of a firearm in the second case.  During yesterday’s sentencing hearing, Campbell was sentenced to 96 months of imprisonment for his conviction in the second case, which is to run consecutive to the 60 months of imprisonment imposed on the conviction in the first case.  Campbell also was sentenced to a three-year term of supervised release, which is to run concurrent to the supervised release term imposed in the first case.

These cases were investigated by the Las Cruces and Roswell offices of the FBI, the Carlsbad Police Department and the Pecos Valley Drug Task Force with assistance from the Las Cruces office of the Bureau of Alcohol, Tobacco, Firearms and Explosives and were prosecuted by Assistant U.S. Attorneys Randy M. Castellano and John Andrew Balla of the U.S. Attorney’s Las Cruces Branch Office.

The Pecos Valley Drug Task Force is comprised of officers from the Eddy County Sheriff’s Office, Carlsbad Police Department and Artesia Police Department and is part of the HIDTA Region VI Drug Task Force.  The High Intensity Drug Trafficking Areas (HIDTA) program was created by Congress with the Anti-Drug Abuse Act of 1988.  HIDTA is a program of the White House Office of National Drug Control Policy (ONDCP) which provides assistance to federal, state, local and tribal law enforcement agencies operating in areas determined to be critical drug-trafficking regions of the United States and seeks to reduce drug trafficking and production by facilitating coordinated law enforcement activities and information sharing.

Source: United States Attorneys General

Headline: Securities Trader Indicted In Scheme That Netted Tens Of Millions Of Dollars In Illicit Profits

NEWARK, N.J. – A New Jersey-based securities trader was indicted today on additional charges stemming from his alleged role in orchestrating a massive, long-running market manipulation scheme that netted tens of millions of dollars in illegal profits between 2014 and 2016, U.S. Attorney Craig Carpenito announced.

Joseph Taub, 38, of Clifton, New Jersey, was first charged by complaint with securities fraud conspiracy in 2016. Today’s 13-count indictment charges him with securities fraud conspiracy, market manipulation conspiracy, multiple substantive securities fraud and market manipulation counts, and tax fraud conspiracy. Taub will be arraigned before U.S. District Judge John Michael Vazquez at a later date.

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

From 2014 to 2016, Taub and others conspired to manipulate securities prices of numerous public companies by coordinating trading in dozens of brokerage accounts that they secretly controlled. As part of the scheme, Taub and others engaged in a series of near simultaneous transactions in targeted securities that were designed to artificially influence the market price of the securities and induce other market participants to trade based on the false impression that there was real market interest.

Taub and others allegedly used “straw accounts” that were held in their names, the names of their family members, and the names of entities they controlled. Many of the accounts were opened in the names of individuals who neither controlled the accounts nor traded the securities held in the accounts. Taub funded many of these accounts and used the straw account holders to conceal the scheme from regulators and law enforcement.

The fraudulent trades typically involved two types of straw accounts. First, a “Winner Account” purchased a large block of shares in a particular security. Next, a “Loser Account” placed multiple small orders in the same security to create upward pressure on the stock price. Once the price of the security moved higher due to the Loser Account’s manipulative orders, the conspirators sold their large position in the Winner Account and the shares from any executed trades in the Loser Account. While the Loser Accounts would generally lose money, the conspirators expected the gains from the Winner Accounts to more than make up for them.

In addition, Taub allegedly conspired with accountant Shaun Greenwald, 40, of Cedarhurst, New York, and others to defraud the United States by hiding from the brokerage firms and the IRS the identities of who actually controlled the straw accounts and who reaped the majority of the profits from the scheme. As a result, the profits from the straw accounts were taxed at the lower tax rates applicable to the straw account holders instead of the higher tax rates applicable to Taub and other members of the conspiracy.

The securities fraud conspiracy, market manipulation conspiracy, and tax fraud conspiracy counts each carry a maximum potential penalty of five years in prison. Each substantive count of securities fraud and market manipulation carries a maximum potential penalty of 20 years in prison. All the counts in the indictment also carry a $250,000 fine, or twice of the gross gain or loss from the offenses.

Greenwald pleaded guilty to his role in the scheme on Feb. 21, 2018 and awaits sentencing.

The U.S. Attorney’s Office has filed a separate civil action seeking forfeiture of brokerage accounts in which the manipulative trades were executed, bank and brokerage accounts funded with proceeds of the scheme, and Taub’s interest in companies in which he invested the proceeds of the scheme. Civil forfeiture cases are “in rem” proceedings – proceedings against things. The forfeiture claims in this case are based on allegations that the forfeitable property is proceeds of the securities fraud scheme or is property involved in laundering the proceeds of the scheme. That civil forfeiture action is pending.

U.S. Attorney Carpenito credited special agents of the FBI, under the direction of Special Agent in Charge Timothy Gallagher in Newark, special agents of IRS – Criminal Investigation, under the direction of Special Agent in Charge Jonathan D. Larsen in Newark, and special agents of the U.S. Attorney’s Office, District of New Jersey, with the investigation. He also thanked the SEC’s New York Regional Office for its assistance.

The government is represented by Assistant U.S. Attorneys Daniel Shapiro and Zach Intrater of the U.S. Attorney’s Office Economic Crimes Unit in Newark; and Assistant U.S. Attorneys Sarah Devlin and Barbara Ward, Deputy Chief of the office’s Asset Recovery and Money Laundering Unit.

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

Defense counsel: Lawrence C. Lustberg Esq. and Steven Y. Yurowitz Esq. 

Source: United States Attorneys General

Headline: Former Charity Executive, Arkansas Lobbyist Indicted for $1 Million Bribery Scheme

SPRINGFIELD, Mo. – Timothy A. Garrison, United States Attorney for the Western District of Missouri, announced today that a former executive of a Springfield charity, who was also an Arkansas lobbyist has been indicted by a federal grand jury for his role in a nearly $1 million bribery conspiracy involving a Springfield, Mo., health care organization.

Milton Russell Cranford, also known as “Rusty,” 56, of Rogers, Arkansas, was charged in a nine-count indictment returned under seal by a federal grand jury in Springfield, Mo., on Tuesday, Feb. 20, 2018. That indictment was unsealed and made public today upon Cranford’s arrest. An initial court appearance is scheduled tomorrow in the U.S. District Court in Fayetteville, Arkansas.

Cranford was both a lobbyist and an employee of Preferred Family Healthcare, Inc. (formerly known as Alternative Opportunities, Inc.), a nonprofit corporation headquartered in Springfield. Cranford served as an executive for the charity’s operations in the state of Arkansas. Cranford also operated two lobbying firms, The Cranford Coalition and The Capital Hill Coalition.

The indictment alleges that Cranford and co-conspirator Eddie Wayne Cooper, 51, of Melbourne, Arkansas, received $264,000 in secret kickback payments from co-conspirator Donald Andrew Jones, also known as “D.A.” Jones, of Willingboro, New Jersey, who was paid nearly $1 million by the charity in a bribery scheme that lasted almost six years, from February 2011 until January 2017.

Cooper, a former state representative in Arkansas from 2006 through January 2011, worked for The Cranford Coalition as a lobbyist and held a full-time position as regional director for Preferred Family Healthcare. Jones was a Philadelphia, Pennsylvania-based political operative who owned and operated the firm, D.A. Jones & Associates, which purported to provide political and advocacy services, including consulting, analysis, and public relations. Neither Cooper nor Jones are charged in the indictment with Cranford; they each have pleaded guilty in separate cases.

Cranford allegedly recommended to the charity’s chief financial officer, chief operating officer and chief executive officer to enter into a contractual arrangement with Jones for lobbying and advocacy services. Cranford influenced the charity in its award of the contract, the indictment says, then demanded payments to himself and Cooper of a portion of the funds Jones obtained from the charity in exchange for Cranford’s influence on Jones’s behalf.

According to the indictment, the charity paid Jones a total of $973,807 to provide advocacy services for the charity, including direct contact with legislators, legislators’ offices, and government officials, in order to influence elected and appointed public officials to the financial benefit of the charity, including attempting to steer grants and other sources of funding to the charity. Jones allegedly paid a total of $264,000 to Cranford and Cooper. Most of the funds were paid to Cranford or one of his firms, the indictment says.

In addition to the conspiracy, the indictment charges Cranford with eight counts of receiving a bribe by an agent of an organization that receives federal funds.

The indictment also contains a forfeiture allegation, which would require Cranford to forfeit to the government all property derived from the proceeds of the alleged offenses.

Garrison cautioned that the charges contained in this indictment are simply accusations, and not evidence of guilt. Evidence supporting the charges must be presented to a federal trial jury, whose duty is to determine guilt or innocence. 

This case is being prosecuted by Assistant U.S. Attorney Steven M. Mohlhenrich. It was investigated by IRS-Criminal Investigation, the FBI and the Offices of the Inspectors General from the Departments of Labor, Health and Human Services, Housing and Urban Development, Veterans Affairs, and the FDIC. This is a combined investigation with the Western District of Arkansas, the Eastern District of Arkansas, and the Eastern District of Pennsylvania.
 

Source: United States Attorneys General

Headline: Federal Jury Finds Ocala Man Guilty Of Conspiracy To Traffic Over Two Kilograms Of Methamphetamine And Trafficking One Kilogram Of Fentanyl

Ocala, Florida – A federal jury has found Tirso Hernandez-Astudillo (35, Ocala) guilty of conspiracy to possess with the intent to distribute 500 grams or more of methamphetamine, and possession with the intent to distribute 400 grams or more of fentanyl. He faces a minimum mandatory penalty of 10 years, up to life imprisonment, on each count. Hernandez-Astudillo, a citizen of Mexico in the United States illegally, also faces potential deportation. He remains in federal custody pending a sentencing hearing on May 17, 2018.

According to court documents, on May 24, 2017, in a parking lot in Ocala, co-defendant Simon Rodriguez-Flores (48, Ocala) sold a cooperating witness approximately 4 ounces of crystal methamphetamine. On June 2, 2017, at the same location, Rodriguez-Flores delivered 2 kilograms of crystal methamphetamine to the same cooperating witness, but was arrested by agents from the Drug Enforcement Administration. The agents detained Hernandez-Astudillo, a passenger in Rodriguez-Flores’s car.

Immediately after the arrest, a search warrant was executed at the residence Hernandez-Astudillo shared with his cousin and co-defendant, Gilberto Astudillo-Carbajal (34, Ocala). Agents recovered items used in the manufacture and packaging of crystal methamphetamine from the home. From another trailer across the street, where Hernandez-Astudillo had been earlier in the day, agents recovered a suspicious package containing approximately one kilogram of an undetermined powdery substance. Subsequent analysis of the substance revealed that it contained fentanyl. 

Rodriguez-Flores and Astudillo-Carbajal have previously pleaded guilty and remain in custody pending sentencing.

This case was investigated by the Gainesville Resident Office of the Drug Enforcement Administration, assisted by task force officers from the Gainesville Police Department, the Alachua County Sheriff’s Office, the Ocala Police Department, the Levy County Sheriff’s Office, and the Union County Sheriff’s Office. The Marion County Unified Drug Enforcement Strike Team assisted in the execution of the search warrant and the arrests. The case is being prosecuted by Assistant United States Attorney Dale R. Campion.

Source: United States Attorneys General

Headline: Government Settles Claims Against Accountant For Tainted Compounding Pharmacy Proceeds

Jacksonville, FL – Ronald Combs and the Ronald Combs Healthmark Trust have agreed to pay to the government $650,000 to resolve allegations that Combs wrongfully deposited tainted compounding pharmacy proceeds into the Ronald Combs Healthmark Trust.

The United States previously settled allegations that QMedRx, a compound pharmacy in Maitland, Florida, knowingly billed federal healthcare programs for services that were not reimbursable and thus violated the False Claims Act. In the case at hand, the government contends that proceeds from QMedRx’s improper activities were deposited into the Healthmark Investment Trust and that Combs withdrew funds from the Healthmark Investment Trust and deposited them into the Ronald Combs Healthmark Trust. The government contends that Combs was not entitled to withdraw these funds, as they represented the ill-gotten gains of QMedRx’s misconduct, and the withdrawal was otherwise improper under state law.

“The United States Attorney’s Office is committed to protecting TRICARE and other federal health care programs from any improper practice that harms our nation’s subsidized health programs,” said U.S. Attorney Maria Chapa Lopez. “The diligence required in this case aptly demonstrates the lengths to which we will go to protect the fiscal integrity of these programs.”

“This settlement is the result of the Defense Criminal Investigative Service’s continuing commitment to protect the integrity of the U.S. Department of Defense health care program (TRICARE) against fraud, waste, and abuse,” said Special Agent in Charge John F. Khin, Southeast Field Office. “In partnership with the Department of Justice, DCIS will pursue all remedies to recover ill-gotten proceeds from fraudulent schemes.”

This case illustrates the government’s continued emphasis on pursuing compounding pharmacies that have defrauded federal health care programs. In the Middle District of Florida, the government has recovered almost $60 million in fines and penalties for compounding cases. In fiscal year 2017, over $700 million was recovered in affirmative civil enforcement cases.  

Today’s resolution illustrates the government’s commitment to combating improper practices that implicate the nation’s federally subsidized health care programs, using all statutory and common law remedies available to address such schemes. Tips 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).

This matter was investigated by the Department of Justice and the Defense Criminal Investigative Service. It was prosecuted by Assistant United States Attorney Shea Gibbons, with assistance from Assistant United States Attorney Chris Sabis in the Middle District of Tennessee.

The claims resolved by this settlement are allegations only, and there has been no determination of liability. 

Source: United States Attorneys General

Headline: Two more defendants plead guilty for roles in federal drug conspiracy

BLUEFIELD, W.Va. – Two men pled guilty today for their roles in a drug trafficking conspiracy, announced United States Attorney Mike Stuart. Shawn Akiem Anderson, 44, of Mt. Hope, entered his guilty plea to conspiracy to distribute and possess with intent to distribute less than 50 kilograms of marijuana. Karl Funderburk, 31, of Teays Valley, entered his guilty plea to using and carrying a firearm during a drug trafficking crime. Anderson and Funderburk are two of 23 defendants indicted in June 2017 after a comprehensive investigation of drug trafficking in Southern West Virginia.

U.S. Attorney Stuart commended the cooperative investigative efforts of several agencies, led by the Federal Bureau of Investigation and the Raleigh County Drug and Violent Crime Task Force. The Drug Enforcement Administration, the Beckley Police Department, the Raleigh County Sheriff’s Department, the West Virginia State Police, the Bureau of Alcohol, Tobacco, Firearms and Explosives, and the United States Postal Inspection Service also provided assistance throughout the investigation. 

“This case shows how united and determined we are in fighting the drug scourge,” said U.S. Attorney Stuart. “With 23 defendants charged, the results speak for themselves. Drug dealers had better take notice that all levels of law enforcement – federal, state, and local – are working together to make sure that drug crime results in hard time.”

Shawn Anderson admitted that between May 2017 and June 28, 2017, he took part in a drug trafficking conspiracy with multiple participants involving the distribution of cocaine, heroin, and marijuana. Anderson admitted to working with Detria Carter and others to distribute marijuana in and around Raleigh County. Anderson also admitted that he distributed or possessed with the intent to distribute approximately 44 kilograms of marijuana during this time frame. 

Karl Funderburk admitted that between August 2016 and March 1, 2017, he assisted Velarian Carter, Detria Carter, and others, in operating a drug trafficking organization. Funderburk also admitted that on March 1, 2017, he was arrested in Charleston, and during a subsequent search, police discovered that he possessed cocaine, crack, and methamphetamine. Funderburk also possessed a Glock 27, .40 caliber, semi-automatic pistol, that he admitted was used for protection of his drugs and drug proceeds.     

Anderson faces up to 10 years in federal prison when he is sentenced on May 29, 2018. Funderburk faces at least five years and up to life in federal prison when he is sentenced on May 29, 2018.

Other individuals implicated as a result of this drug investigation have entered guilty pleas and are awaiting sentencing. Cheyenne Fragale and Macon Fragale, two brothers from Boomer in Fayette County, previously pled guilty to conspiracy to distribute and to possess with intent to distribute more than 500 grams of methamphetamine, a quantity of oxycodone, and a quantity of heroin. They both face a mandatory minimum of 10 years and up to life in federal prison when they are sentenced on March 14, 2018. Tiffany Ramsey, also of Boomer, previously entered a guilty plea to conspiracy to distribute or possess with intent to distribute more than 50 grams of methamphetamine, a quantity of heroin, and a quantity of oxycodone. Ramsey faces at least five years and up to 40 years in federal prison when she is sentenced on May 2, 2018. Donald Scalise, of Montgomery, previously entered a guilty plea to conspiracy to distribute oxycodone. Scalise faces up to 20 years in federal prison when he is sentenced on April 25, 2018. Dominic Copney, of Beckley, previously entered a guilty plea to conspiracy to distribute and possess with the intent to distribute more than 500 grams of cocaine and more than 100 grams of heroin. He faces a mandatory minimum of five and up to 40 years in federal prison when he is sentenced on April 17, 2018. Detria Carter, of Beckley, previously pled guilty to possession with intent to distribute more than 500 grams of cocaine. She faces a mandatory minimum sentence of not less than five and up to 40 years in federal prision when she is sentenced on April 24, 2018. Velarian Carter, the brother of Detria Carter, previously entered a guilty plea to conspiracy to distribute and possess with intent to distribute more than five kilograms of cocaine, more than 280 grams of crack, and more than 100 grams of heroin. He faces a mandatory minimum of not less than 20 years and up to life in federal prison when he is sentenced on April 17, 2018.

Assistant United States Attorney Timothy D. Boggess is in charge of these prosecutions. The Anderson and Funderburk plea hearings were held before Senior United States District Judge David A. Faber.

These cases are being prosecuted as part of an ongoing effort led by the United States Attorney’s Office for the Southern District of West Virginia to combat the illicit sale and misuse of illegal drugs. The U.S. Attorney’s Office, joined by federal, state and local law enforcement agencies, is committed to aggressively pursuing and shutting down pill trafficking, eliminating open air drug markets, and curtailing the spread of illegal drugs in communities across the Southern District.

Source: United States Attorneys General

Headline: Ohio Man Admits Crashing through Security Gate at FBI-Pittsburgh Headquarters

PITTSBURGH – An Ohio resident pleaded guilty in federal court to a charge of willfully injuring or committing depredation against any property of the United States, United States Attorney Scott W. Brady announced today.

Thomas Ross, age 49, formerly of New Waterford, Ohio, pleaded guilty to one count before Chief United States District Judge Joy Flowers Conti.

In connection with the guilty plea, the court was advised that on July 26, 2016, Ross drove his vehicle, a large dump truck, through the gate of the FBI Pittsburgh Field Office, located at 3311 East Carson Street, in Pittsburgh. Ross proceeded to ram through the security barriers at a high rate of speed, inflicting extensive damage on the gate and security barriers and causing the vehicle to become airborne. Upon hitting the ground, the vehicle struck a nearby light post in the interior parking lot of the FBI Pittsburgh.

The court was advised that the total amount of loss attributable to Ross’s actions will be determined at sentencing. The government estimates that the cost to repair and replace the gate and security barriers struck by Ross’s vehicle was approximately $175,000, and that the cost to repair the light post was approximately $13,684. The government also advised the court that, while the gate and security barriers were being repaired, the FBI also hired additional security personnel at additional cost to the FBI.

Judge Conti scheduled sentencing for June 13, 2018. The law provides for a maximum total sentence of 10 years in prison, a fine of $250,000, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed is based upon the seriousness of the offense and the prior criminal history, if any, of the defendant.

Assistant United States Attorney Adam N. Hallowell is prosecuting this case on behalf of the government.

The Pittsburgh FBI and Pittsburgh Bureau of Police conducted the investigation that led to the prosecution of Thomas Ross.

Source: United States Attorneys General

Headline: Plumbing Franchise Owner Sentenced for OSHA Violation that Caused Employee’s Death

PITTSBURGH – A resident in Beaver County, Pennsylvania, has been sentenced in federal court to two years’ probation on his conviction of willfully violating an OSHA regulation causing the death of an employee, United States Attorney Scott W. Brady announced today.

United States Magistrate Judge Cynthia R. Eddy imposed the sentence on Wayne A. George, d/b/a A Rooter Man of Pittsburgh, LLC.

According to the information presented to the court, George was a part owner of A Rooter Man, and was responsible for all of its trench work. Most of that trench work involved excavating, installing and repairing septic systems. OSHA requires employers to provide life-saving cave-in protection in most trenches more than five feet deep. George spent most of his working life as an excavator and was very familiar with those important safety and legal requirements.

The events leading to the death took place on September 28, 2015, at the Shelbourne Personal Care Home in Penn Township, Butler County. George was physically present, operating a backhoe and supervising the replacement of a terra cotta sewer line with PVC pipe. George dug a trench that was 11 feet deep and had a ladder in the trench that was used by his employees to climb in and out of the trench. The trench had no cave-in protection.

The victim, Jacob Casher, was a 21-year-old A Rooter Man employee, who was in the trench at the depth of approximately 11 feet below the surface when the trench collapsed. He was killed instantly.

As a result of its investigation, OSHA issued citations for two willful violations and several serious violations of construction industry safety standards. In response, George paid a penalty of $87,000.

Assistant United States Attorney Nelson P. Cohen prosecuted this case on behalf of the government.

U.S. Attorney Brady commended the U.S. Department of Labor’s Occupational Safety and Health Administration and the Office of the Regional Solicitor for the investigation leading to the successful prosecution of Wayne A. George.