ALBUQUERQUE – Last month, U.S. Attorney Alexander M.M. Uballez, federal prosecutors, and other staff from the United States Attorney’s Office met with delegations from 17 Tribes, the All Pueblo Council of Governors, and the Bureau of Indian Affairs to address critical issues facing Native communities, including the devastating impact of fentanyl and the need for enhanced law enforcement training and retention. The consultation was held on July 18 and 19, 2024 at the University of New Mexico’s School of Law.

Tribal leaders from the Pueblo of Zuni, Pueblo of Sandia, Pueblo of Santa Clara, Jicarilla Apache Nation, Pueblo of Laguna, Navajo Nation, Pueblo of Picuris, Pueblo of Jemez, Pueblo of Zia, Pueblo of San Felipe, Pueblo of Isleta, Pueblo of Nambe, Pueblo of Pojoaque, Pueblo of Tesuque, Mescalero Apache, Pueblo of Acoma, and the Pueblo of San Ildefonso were present along with representatives from the Bureau of Indian Affairs. This years’ consultation focused on protecting native families.

U.S. Attorney Alexander M.M. Uballez initiated the Tribal consultation by reaffirming his office's commitment to serving Tribal communities, describing it as one of his "greatest honors" as the United States Attorney for the District of New Mexico. To underscore this commitment, U.S. Attorney Uballez highlighted the increased resources allocated for community outreach, education, and training for Tribal law enforcement, as well as the expansion of the Indian Country Crimes (ICC) section with the hiring of four Assistant U.S. Attorneys to more effectively address violent crime on Tribal lands.

Since August 2023, Uballez has personally met with ten different Tribes and Pueblos, fostering direct communication and gaining a deeper understanding of their unique needs and concerns. In addition to the U.S. Attorney meeting personally with Tribes and Pueblos, AUSA Tribal Liaisons have meet and coordinated with Tribal leaders and law enforcement separately throughout the year. The United States Attorney's Office engaged in 28 community outreach activities like meetings, presentations, and tabling at Tribal events.

In addition to community engagement, the United States Attorney’s Office has conducted nine training sessions for Tribal and Pueblo law enforcement and community providers, enhancing their capabilities to address crime and public safety issues effectively. These outreach and training efforts have reached over 1,000 people, totaling 52.5 hours of dedicated time.

Furthermore, the United States Attorney’s Office, through Law Enforcement Coordinator Alyssa Skrepcinski, has facilitated the allocation of more than $10 million in grants for Tribes in the last year, providing crucial resources to enhance public safety, support victim services, and strengthen Tribal justice systems.

The United States Attorney's Office for the District of New Mexico is notable for being the first federal prosecutor's office in the country to establish a dedicated Indian Country Crimes section, which was created in 2010. This unique organizational structure enables the office to take a proactive and specialized approach to addressing criminal justice issues in Native American communities with training initiatives, community outreach and enhanced coordination among Tribal, state and federal agencies.

U.S. Attorney Uballez also underscored the positive impact of the office’s Tribal liaison program, which differs from other districts by assigning one Assistant U.S. Attorney to two Tribes, rather than having a single liaison for all Tribes in a district. This approach has led to increased communication between his office and the Tribes, enhancing government-to-government relations.

Nearly all of the participants described the deleterious effects of Fentanyl on their communities, culture and family ties, and described how it is leading to more violent crime in their community and higher death rates and incidents of homelessness amongst their members.

During the consultation, U.S. Attorney Uballez outlined a comprehensive strategy to combat fentanyl trafficking and its impact on Tribal communities:



Expansion of Organized Crime Section: The U.S. Attorney has increased the size of the Organized Crime section to target criminal structures and organizations importing fentanyl across the southern border.

Dedicated Drug Prosecutors: For the first time, two ICC prosecutors have been designated as drug prosecutors, focusing on building resources and cases related to drug trafficking.

DEA Collaboration: The office is engaging with the Drug Enforcement Administration to expand its presence and operations in Tribal communities.

Education Initiatives: The U.S. Attorney plans to enhance efforts to educate parents and law enforcement about the dangers of fentanyl and other illicit drugs.

Support Services: Secure federal funding for developing support services to treat addiction, aiming to reduce demand for drugs in Tribal communities.



Many participants commended the office’s ongoing efforts to enhance communication and relations with the Tribes, noting the ease of reaching their liaison for responses, the personal visits made by the U.S. Attorney to Tribal leadership, and the active participation of liaisons in Tribal events.

“To know that you put a lot of effort and energy to expanding this program to Indian Country, we’re all sincerely, sincerely grateful for that, because now we have someone, a face.” Pueblo of Jemez Police Chief Roger Foster said.

“We appreciate seeing your faces out there. We appreciate you being out there and letting us know who you are and what you do and to hear your voice, to know that you are there for our people.” Navajo Nation Vice President Richelle Montoya said. “The Navajo Nation appreciates that very much.”

Regarding Missing and Murdered Indigenous Persons (MMIP) cases, Tribal representatives voiced deep concerns over persistent communication gaps, unresolved investigations, and the ongoing struggle to provide closure for affected families and communities, highlighting the complex challenges in addressing this critical issue. ICC Supervisor Elisa Dimas touted the office’s efforts to help law enforcement agencies establish Tribal Community Response Plans for MMIP cases and offered to help Tribes who did not have one in place yet put one in place.

This initiative, combined with the specialized focus of MMIP AUSA Eliot Neal, aims to improve coordination and response to MMIP cases, addressing some of the communication and investigative challenges raised by Tribal representatives. The establishment of these plans can potentially enhance the handling of MMIP cases by providing a structured framework for communication, action, and cooperation between Tribes and law enforcement.

Nearly every Tribe emphasized the critical need for assistance in both training and retaining their law enforcement personnel. Tribal representatives highlighted several key challenges:



Training: Tribes are seeking comprehensive training programs that cover a wide range of law enforcement skills, including investigative techniques, evidence gathering and report writing.

Retention: Retention of trained law enforcement officers is a significant concern. Tribes reported high turnover rates due to factors such as competitive salaries offered by non-Tribal law enforcement agencies, limited career advancement opportunities, and the demanding nature of the job.

Funding and Resources: Many Tribes called for federal assistance in securing grants and other financial support to build and sustain robust law enforcement departments.

Collaborative Partnerships: Tribes are also interested in establishing partnerships with federal, state, and local law enforcement agencies to share resources, expertise, and training opportunities.



To highlight the ability of the Tribes to use the office to build collaborative partnerships, Pueblo of Sandia Tribal Police Chief Adrian Montoya described how his department had leveraged the United States Attorney’s Office to build partnerships with the Albuquerque Police Department, Bernalillo County Sheriff’s Office and District Attorney’s Office, the Federal Bureau of Investigation, and the Department of Homeland Security.

Regarding training, Navajo Nation Vice President Montoya said “tell us what we need to do. Our officers are hungry. They’re ready. They’re wanting to know what they can do.”

U.S. Attorney Uballez, Indian Country Crimes Section Supervisor Elisa Dimas and Deputy Supervisor Alexander F. Flores, along with Tribal Liaisons Eliot Neal, Nicholas Marshall, Brittany DuChaussee, Matthew McGinley, Caitlin Dillon, Robert Booth, Zachary Jones, Mia Ulibarri-Rubin, Jena Ritchey, Mark Probasco, Joni Stahl, and Meg Tomlinson as well as Law Enforcement Coordinator Alyssa Skrepcinski received the comments and engaged in discussion with Tribal representatives.

Former President Barack Obama signed the Memorandum on Tribal Consultation on Nov. 5, 2009. The Memorandum pronounces Tribal consultations “a critical ingredient of a sound and productive Federal-Tribal relationship.” The president further directed all federal agencies to develop a detailed plan of the actions taken to fully implement former President Bill Clinton's Executive Order 13175 on “Consultation and Coordination with Indian Tribal Governments” within ninety days. Within 270 days and annually thereafter agencies were directed to provide a progress report on implementation and any updates to the plan. Executive Order 13175 sets forth criteria “to establish regular and meaningful consultation and collaboration with Tribal officials in the development of Federal policies that have Tribal implications.”

The District of New Mexico embraces this responsibility and the principles of Tribal sovereignty and Indian self-determination by actively promoting public safety in Tribal communities, recognizing the unique cultural heritage of New Mexico's Native American Tribes, and fostering government-to-government relationships.



 (Foreground, left to right) ICC Deputy Supervisor Alexander F. Flores, ICC Supervisor Elisa Dimas, U.S. Attorney Alexander Uballez (Background, left to right) AUSA Mark Probasco, Law Enforcement Coordinator Alyssa Skrepcinski, Criminal Chief Kristopher Houghton



 (Left to right) ICC Supervisor Elisa Dimas, Pueblo of Jemez PD CI Allison Lucero, U.S. Attorney Alexander Uballez, Pueblo of Jemez PD Chief Roger Foster



(Left to right) Navajo Nation Attorney Prosecutor Kevin Barnett, ICC Supervisor Elisa Dimas, U.S. Attorney Alexander Uballez, Navajo Nation Council Delegate Amber Kanazbah Crotty



 (Left to right) ICC Deputy Supervisor Alexander F. Flores, ICC Supervisor Elisa Dimas, U.S. Attorney Alexander Flores, Law Enforcement Coordinator Alyssa Skrepcinski



U.S. Attorney Alexander Uballez, Supervisor Elisa Dimas and Deputy Supervisor Alexander Flores listen as Jicarilla Apache Tribal Prosecutor Tonita Vigil and Vice President Sonja Newton speak



(Foreground, left to right) Pojoaque Tribal PD Chief Freddie Trujillo and Major Nathan Barton. (Background, left to right) ICC Deputy Supervisor Alexander F. Flores, ICC Supervisor Elisa Dimas, U.S. Attorney Alexander Flores, Assistant U.S. Attorney Mark Probasco, First Assistant U.S. Attorney Holland Kastrin, Law Enforcement Coordinator Alyssa Skrepcinski



Artwork by James Sanchez

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Sayoc Allegedly Mailed 16 IEDs to 13 Victims Across the United States and Now Faces Charges Including Use of Weapons of Mass Destruction, Interstate Mailing of Explosives, and Use of Destructive Devices During Crimes of Violence

WASHINGTON – Cesar Altieri Sayoc, aka Cesar Randazzo, aka Cesar Altieri, and aka Cesar Altieri Randazzo, 56, was charged today in a 30-count Indictment for offenses relating to his alleged execution of a domestic terrorist attack in October 2018, which involved the mailing of 16 improvised explosive devices (IEDs) to 13 victims throughout the country.

Assistant Attorney General for National Security John C. Demers, U.S. Attorney Geoffrey S. Berman for the Southern District of New York, Assistant Director in Charge William F. Sweeney Jr. of the FBI’s New York Office, and Police Commissioner James P. O’Neill of the NYPD made the announcement. The case is assigned to U.S. District Judge Jed S. Rakoff.

“According to court filings, Cesar Sayoc mailed 16 IEDs to more than a dozen victims throughout the country, including current and former elected leaders.  Less than five days after the first IED was discovered, he was tracked down and arrested, thanks to the outstanding work of the FBI, the U.S. Postal Inspection Service and other law enforcement partners,” said Assistant Attorney General Demers. 

“Cesar Sayoc allegedly targeted former high-ranking officials such as President Barack Obama, President Bill Clinton, Vice President Joe Biden, Secretary of State Hillary Clinton, and others, as well as CNN, by sending explosive packages to them through the U.S. Postal Service,” said U.S. Attorney Berman.  “Sayoc’s alleged conduct put numerous lives at risk.  It was also an assault on a nation that values the rule of law, a free press, and tolerance of differences without rancor or resort to violence.  Thanks to the diligent and determined work of our law enforcement partners here and across the country, it took just five days to identify and apprehend Sayoc and end his reign of terror.  He now faces justice from a nation of laws.”

“As alleged, Cesar Sayoc deliberately targeted 13 individuals with 16 improvised explosive devices, attempting to create an atmosphere of fear and intimidation from California to the eastern seaboard,” said Assistant Director in Charge Sweeney.  “Thanks to the seamless integration of FBI JTTFs across the country, working side-by-side with many other law enforcement agencies and first responders, his campaign of terror was brought to a rapid conclusion just five days after the discovery of the first device.  The FBI remains steadfast in our mission to protect the American public, and we will move with speed to bring justice to anyone seeking to harm our communities.”

“I commend everyone involved in investigating and prosecuting this case, particularly the agents and detectives on the FBI’s Joint Terrorism Task Force in New York, which includes 56 agencies and 300 individuals – 113 of them NYPD cops,” said Commissioner O’Neill. “Standing shoulder to shoulder with the FBI, the ATF, the U.S. Marshals, the U.S. Postal Inspection Service, the New York State Police, and others, we said from the outset that we would identify and bring to justice the person allegedly responsible for these acts. We could make that promise because of our proven history of effective partnership. The public’s vigilance also greatly assisted this investigation and helped lead to today’s 30-count indictment. What is clear is that New Yorkers are always resilient in the face of threats – we refuse to back down, and we will never be deterred.”

According to the Indictment, Complaint, other court filings, and statements made during court proceedings[1]:

Between Oct. 22 and Nov. 2, the FBI and the U.S. Postal Service recovered 16 padded manila envelopes containing IEDs allegedly mailed by Sayoc from Florida to addresses in New York, New Jersey, Washington, D.C., Delaware, Atlanta and California. Sayoc’s alleged victims, listed alphabetically, were former Vice President Joseph Biden, Senator Cory Booker, former CIA Director John Brennan, former Director of National Intelligence James Clapper, former Secretary of State Hillary Clinton, CNN, Robert De Niro, Senator Kamala Harris, former Attorney General Eric Holder, former President Barack Obama, George Soros, Thomas Steyer, and Representative Maxine Walters.

Each of the 16 envelopes allegedly mailed by Sayoc had similar features, including the return addressee “Debbie Wasserman Shultz” at an address in “Florids,” six self-adhesive postage stamps bearing the American flag, and address labels printed on white paper with blank ink in similar typeface and font size. Each of the 16 envelopes also contained an IED. The 16 IEDs also had similar features, including approximately six inches of PVC pipe packed with explosive material, a small clock, and wiring. Some of the IEDs also contained shards of glass.

Preliminary analysis by the FBI has revealed forensic evidence linking 11 of the 16 mailings to Sayoc. Specifically, latent fingerprints on two of the envelopes have been identified to Sayoc, and there are possible DNA associations between a DNA sample collected from Sayoc prior to his arrest in this case and DNA found on components from 10 of the IEDs (including one of the IEDs that was mailed in an envelope from which a latent fingerprint identified to Sayoc was recovered).

The FBI arrested Sayoc in Plantation, Florida, on Oct. 26 – less than five days after the Oct. 22 recovery of the first IED, which Sayoc allegedly mailed to Soros in New York. The FBI seized a laptop from Sayoc’s van in connection with the arrest that contained lists of physical addresses that match many of the labels on the envelopes that Sayoc allegedly mailed. The lists were saved at a file path on the laptop that includes a variant of Sayoc’s first name: “Users/Ceasar/Documents.” A document from that path, titled “Debbie W.docx” and bearing a creation date of July 26, contained repeated copies of an address for “Debbie W. Schultz” in Sunrise, Florida, that is nearly identical, except for typographical errors, to the return address that Sayoc allegedly used on the packages. Similar documents bearing file titles that include the name “Debbie,” and creation dates of Sept. 22, contain exact matches of the return address allegedly used by Sayoc on the 16 envelopes.

Sayoc possessed a cellphone at the time of his arrest, and the FBI’s ongoing forensic analysis of the device has revealed additional evidence. For example, Sayoc allegedly used the phone to conduct the following Internet searches, among others, on the dates indicated:

 



July 15: “hilary Clinton hime address”





July 26: “address Debbie wauserman Shultz”





Sept. 19: “address kamila harrias”





Sept. 26: “address for barack Obama”





Sept. 26: “michelle obama mailing address”





Sept. 26: “joseph biden jr”





Oct. 1: “address cory booker new jersey”





Oct. 20: “tom steyers mailing address”





Oct. 23: “address kamala harris”



Sayoc’s phone also contained photographs of some of the victims.        

Sayoc, a U.S. citizen, is charged in the Indictment with 30 counts: one count of six different offenses for each of the five IEDs that he allegedly mailed to Clinton, Brennan, Clapper, Soros and De Niro in the Southern District of New York. In aggregate, the 30 counts in the Indictment carry a potential maximum penalty of life imprisonment, and a mandatory minimum penalty of life imprisonment. A chart providing more information regarding the charges and potential penalties is set forth below. The statutory penalties are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendant would be determined by the judge.



Counts





Charge





Penalties Per Count





1 – 5





Using a weapon of mass destruction





Maximum per count: life





6 – 10





Interstate transportation of an explosive





Maximum per count: 20 years





11 – 15





Conveying a threat in interstate commerce





Maximum per count: 5 years





16 – 20





Unlawful use of mails





Maximum per count: 10 years





21 – 25





Carrying an explosive during the commission of a felony





Minimum for first conviction: 10 years

 

Minimum for additional convictions: 20 years





26 – 30





Using and carrying a destructive device in furtherance of a crime of violence





Maximum per count: life

 

Minimum for first conviction: 30 years

 

Minimum for additional convictions: life

 



 

Mr. Demers and Mr. Berman praised the outstanding efforts of the FBI’s New York Joint Terrorism Task Force, which principally consists of agents from the FBI and detectives from the NYPD, and the U.S. Postal Inspection Service. Mr. Demers and Mr. Berman also thanked the U.S. Attorney’s Office for the Southern District of Florida for its assistance.

Assistant U.S. Attorneys Sam Adelsberg, Emil J. Bove III, Jane Kim, and Jason A. Richman of the Southern District of New York are in charge of the prosecution, with assistance from Trial Attorneys David Cora and Kiersten Korczynski of the National Security Division’s Counterterrorism Section.





As the introductory phrase signifies, the entirety of the text of the Complaint and the Indictment, and the description of the Complaint and Indictment set forth herein, constitute only allegations and every fact described should be treated as an allegation.

WICHITA, KAN. – A federal grand jury in Wichita returned an indictment charging a Kansas woman with making threats against current and former nationally elected officials.

According to court documents, Lori Davis, 40, of Park City is charged with one count of threats against a former president of the United States and one count of threats against the president of the United States. 

Davis is accused of calling the Clinton Foundation in New York in September 2021 and leaving a message threatening to kill former U.S. President William (Bill) Clinton. 

In 2024, Davis is accused of making multiple posts on social media threatening to murder U.S. President Joseph (Joe) Biden.

The U.S. Secret Service is investigating the case.

Assistant U.S. Attorney Lanny Welch is prosecuting the case.

OTHER INDICTMENTS

Ismael Deleon-Ortega Jr, 59, Liberal of was indicted on one count of possession of child pornography. Homeland Security Investigations (HSI) is investigating the case. Assistant U.S. Attorney Jason Hart is prosecuting the case. 

Devin Dewater, 27, of Wichita was indicted on two counts of possession of a firearm by a convicted felon and one count of possession of an unregistered firearm. The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) is investigating the case. Assistant U.S. Attorney Ola Odeyemi is prosecuting the case.

An indictment is merely an allegation, and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.

###

BOSTON – An owner and four former employees of New England Compounding Center (NECC) were convicted today by a federal jury for their roles at NECC, the company that caused the 2012 nationwide fungal meningitis outbreak. The outbreak was the largest public health crisis ever caused by a pharmaceutical drug. With today’s convictions, 11 former owners, executives, and employees of NECC have been convicted of federal criminal charges. 

“These defendants were professionals who acted recklessly to the extreme detriment of public health,” said United States Attorney Andrew Lelling. “Over the course of years, the defendants callously disregarded patient health by cutting corners and prioritizing profits over safety. And they got away with it by defrauding federal and state regulators. The result was contaminated, deficient, deadly drugs that never should have been made or distributed. Ultimately, the jury found the defendants’ fraudulent conduct wrong and deserving of punishment. I applaud the prosecutors and the investigative team on their dogged determination to bring us another step closer to justice for the victims and their families.”

“A key aspect of the FDA’s mission is to ensure that drugs are made under high quality conditions to prevent patient harm due to poorly compounded products,” said FDA Commissioner Scott Gottlieb, M.D. “This episode was a tragic reminder of why compounding and compounded drugs can present serious risks to patients. We’ve taken significant new steps to ensure the quality of compounded drugs and improve patient safety, in order to prevent another calamity like the episode involving NECC. However, we continue to see significant risk associated with some compounded drugs, and firms that produce and ship drugs in bulk without any regard for product quality and patient safety. We’re increasing our oversight in this space to crack down on activity that puts patients at risk. At the same time, we’re continuing to advance new policies to help responsible firms that are seeking to stay in compliance with quality standards find efficient ways to meet those requirements.”

“These defendants callously ignored their professional responsibilities to protect patient safety,” said Harold H. Shaw, Special Agent in Charge of the FBI Boston Division. “Their failure to safeguard the public played a significant role in the distribution of medicines that were harmful. The FBI will continue to work with our law enforcement partners to combat fraud and abuse in the health care system, so that we can do everything we possibly can to protect the American public from harm.”

Following an 8-week trial, the following defendants were found guilty by a federal jury:

Gene Svirskiy, 37, of Ashland, Mass., a former NECC clean room pharmacist, who supervised NECC’s production of high-risk heart medications, was convicted of racketeering, racketeering conspiracy, 10 counts of mail fraud, and two counts of introduction of adulterated drugs into interstate commerce with intent to defraud or mislead. Judge Richard G. Stearns scheduled Svirskiy’s sentencing for March 11, 2018. Svirskiy faces a sentence of no greater than 20 years in prison.

Christopher Leary, 34, of Shrewsbury, Mass., an NECC clean room pharmacist, was convicted of three counts of mail fraud, one count of introduction of adulterated drugs into interstate commerce with intent to defraud or mislead, and two counts of introduction of misbranded drugs into interstate commerce. Leary’s sentencing is scheduled for March 14, 2018. Leary faces a sentence of no greater than 20 years in prison.

Sharon Carter, 54, of Hopkinton, Mass., NECC’s former director of operations, was convicted of conspiracy to defraud the United States.  Carter’s sentencing is scheduled for March 21, 2018. She faces a sentence of no greater than five years in prison.

Alla Stepanets, 38, of Framingham, Mass., one of NECC’s verification pharmacists, was convicted of six counts of introduction of misbranded drugs into interstate commerce. Sentencing is scheduled for March 26, 2018. She faces a sentence of no greater than one year in prison.

Greg Conigliaro, 53, of Southborough, Mass., a former owner of NECC, was convicted of conspiracy to defraud the United States. Judge Stearns scheduled Conigliaro’s sentencing for March 28, 2018. He faces a sentence of no greater than five years in prison.

Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.

Joseph Evanosky, 46, of Westford, Mass., a former clean room pharmacist, was acquitted.

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 MPA. More than 100 patients have now died.

The criminal investigation revealed that in addition to the contaminated MPA, NECC’s other pharmacists, including Svirskiy and Leary, knowingly made and sold numerous drugs in a similar unsafe manner and in insanitary conditions. The unsafe manner included, among other things, the pharmacists’ failure to properly sterilize NECC’s drugs, failure to properly test NECC’s drugs for sterility, and failure to wait for test results before sending the drugs to customers. They also approved the use of expired drug ingredients, and the mislabeling of those drugs in order to deceive customers. The insanitary conditions included, among other things, NECC’s lack of proper cleaning and NECC’s failure to take any action when its own environmental monitoring repeatedly detected mold and bacteria within NECC’s clean rooms throughout 2012. 

NECC repeatedly took steps to shield its operations from regulatory oversight by the FDA by claiming to be a pharmacy dispensing drugs pursuant to valid, patient-specific prescriptions. In fact, NECC routinely dispensed drugs in bulk without valid prescriptions. Despite this practice, Conigliaro, an owner of NECC, repeatedly misrepresented to the FDA and the Massachusetts Board of Pharmacy that NECC was only dispensing drugs pursuant to patient-specific prescriptions. Carter, NECC’s director of operations, directed employees to engage in a number of fraudulent prescription schemes to deceive regulators by creating the appearance that NECC had prescriptions for the drugs it was selling. To that end, defendant Stepanets, one of NECC’s verification pharmacists, was convicted of approving shipments of drugs for patients with names such as Wonder Woman, Fat Albert, Bud Weiser, Samuel Adams, Hindsight Man, Betty Ford, Jimmy Carter, Bill Clinton, Donald Trump, Calvin Klein and Jennifer Lopez. 

“Today’s verdicts demonstrate the ongoing commitment of the Defense Criminal Investigative Service (DCIS) to ensure 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. “DCIS will continue to work with its law enforcement partners and the U.S. Attorney's Office to identify individuals and companies who disregard laws and regulations involving pharmaceuticals and, in so doing, endanger the health and safety of U.S. military members and their families.”

“It is appalling that NECC staff engaged in this blatant fraudulent activity with such reckless disregard for patient safety,” said Sean Smith, Special Agent in Charge of the Department of Veterans Affairs Office of Inspector General, Criminal Investigations Division. “This verdict should send a clear message to individuals and businesses that VA OIG and its law enforcement partners will vigorously investigate healthcare fraud that puts the public and veterans at risk.”

“Today’s verdicts demonstrate the commitment of the U.S Postal Inspection Service to bring justice to those who put our customers, the American public, at risk,” said U.S. Postal Inspection Service’s Inspector in Charge, Joseph W. Cronin of the Boston Division. “The cooperation and hard work of our fellow law enforcement agencies and the Department of Justice illustrates the common mission of protecting our citizens.”

In June 2017, Barry Cadden, the former owner and head pharmacist for NECC, was sentenced to nine years in prison and three years of supervised release after being convicted of racketeering, racketeering conspiracy, mail fraud and introduction of misbranded drugs into interstate commerce with the intent to defraud and mislead. In January 2018, Glenn Chin, NECC’s former supervisory pharmacist, was sentenced to eight years in prison and two years of supervised release after being convicted of 77 counts.

Two remaining defendants, Kathy Chin, and Michelle Thomas, of Cumberland, R.I., both of whom were former verification pharmacists, are scheduled to stand trial on March 25, 2019.

U.S. Attorney Lelling, FDA Commissioner Gottlieb, M.D., FBI SAC Shaw, DCIS SAC Barzey, VA OIG SAC Smith, and Inspector Cronin made the announcement today.  Assistant U.S. Attorneys George P. Varghese and Amanda P.M. Strachan of Lelling’s Criminal Division prosecuted the case.

BOSTON – Two former verification pharmacists at New England Compounding Center (NECC) were convicted yesterday of violating the Food, Drug, and Cosmetic Act (FDCA). The convictions mark the fourth and final trial resulting from the 2014 indictment of NECC owners, employees, and executives in connection with the 2012 nationwide fungal meningitis outbreak. 

Kathy S. Chin, 47, of Canton, and Michelle L. Thomas, 35, of Cumberland, R.I., were convicted of four and two counts, respectively, of dispensing drugs without valid prescriptions with the intent to defraud or mislead government regulators.  U.S. District Court Judge Richard G. Stearns scheduled sentencing for Aug. 8 and Aug. 9, 2019, respectively.

During the trial, the jury heard evidence that NECC, a licensed pharmacy, routinely dispensed drugs in bulk without valid prescriptions. Chin and Thomas served as verification pharmacists, signing off on drug orders prior to shipment to customers. Chin was convicted of approving shipments of drugs for patients with names such as Flash Gordon, Long John, Tony Tiger, Chester Cheeto, Dale Earnhardt, Tom Brokaw, Jon Stewart, Jay Leno, David Letterman, and Dick Van Dyke, among others. Thomas was convicted of approving shipments of drugs for patients with names such as L.L. Bean, Filet O’Fish, Rug Doctor, Squeaky Wheel, Dingo Boney, Coco Puff, and Harry Potter, among others. 

The jury also found that Chin and Thomas dispensed these prescription drugs with the intent to defraud and mislead government regulators. Specifically, the evidence demonstrated that NECC repeatedly took steps to shield its operations from regulatory oversight by the Food and Drug Administration (FDA) by claiming to be a pharmacy dispensing drugs pursuant to valid, patient-specific prescriptions. The jury heard evidence that the fake prescriptions approved by Chin and Thomas allowed NECC to operate as an unregulated drug manufacturer. 

Today, Alla Stepanets, 38, of Framingham, was sentenced to one-year of probation by Judge Stearns. In December 2018, Stepanets, a licensed pharmacist, who worked as another verification pharmacist at NECC, was convicted of six counts of dispensing drugs without valid prescriptions. Specifically, Stepanets was convicted of approving shipments of drugs for patients with names such as Wonder Woman, Fat Albert, Bud Weiser, Samuel Adams, Hindsight Man, Betty Ford, Jimmy Carter, Bill Clinton, Donald Trump, Calvin Klein and Jennifer Lopez, among others.

In June 2017, Barry Cadden, the former owner and head pharmacist for NECC, was sentenced to nine years in prison and three years of supervised release after being convicted of racketeering, racketeering conspiracy, mail fraud and introduction of misbranded drugs into interstate commerce with the intent to defraud and mislead. In January 2018, Glenn Chin, NECC’s former supervisory pharmacist, was sentenced to eight years in prison and two years of supervised release after being convicted of 77 counts.  With the convictions of Chin and Thomas yesterday, a total of 13 NECC defendants have been convicted of 178 charges. 

United States Attorney Andrew E. Lelling; FDA Acting Commissioner Norman E. Sharpless, M.D.; Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division; Leigh-Alistair Barzey, Special Agent in Charge of the Defense Criminal Investigative Service, Northeast Field Office; Sean Smith, Special Agent in Charge of the Department of Veterans Affairs Office of Inspector General, Criminal Investigations Division; and Joseph W. Cronin, Inspector in Charge of the U.S. Postal Inspection Service’s Boston Division, made the announcement today.  Acting Chief Amanda P.M. Strachan of Lelling’s Health Care Fraud Unit and Assistant U.S. Attorney George P. Varghese investigated and indicted the case.  Strachan and Assistant U.S. Attorney Christopher Looney tried the case against Chin and Thomas. 

 

LITTLE ROCK– Richard Pence, an Assistant United States Attorney in Little Rock, celebrated his 50th year with the United States Attorney’s Office on Monday. Pence’s lifetime career as an AUSA makes him the longest serving employee of all 94 United States Attorney’s Offices across the nation.

Pence, known by some as “Scout,” began his career as an AUSA for the Eastern District of Arkansas on March 9, 1970. He joined the office under President Richard Nixon and has worked under eight other Presidents in his tenure. When he started as an AUSA, Pence worked on both criminal and civil cases. The Civil Division was created in 1980, and Pence became the District’s first Civil Chief—a position he held for 38 years. Pence served as Acting United States Attorney after President George H.W. Bush’s term and before President Bill Clinton appointed Paula Casey as United States Attorney.

“Richard’s lifetime of service to the U.S. Attorney’s Office has made a lasting impact on the Eastern District of Arkansas,” said U.S. Attorney Cody Hiland. “In a world where lasting commitment can be hard to find, Richard’s 50 years of tireless dedication are a shining example of what can be accomplished through devotion to a cause.”

The United States Attorney’s Office celebrated Pence’s commitment to public service with a celebration on Monday, where Pence received a letter from United States Attorney General William Barr in recognition of his outstanding dedication. In Pence’s honor, the main conference room at the U.S. Attorney’s Office will be renamed the Richard M. Pence Jr. Conference Room.

 

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This news release, as well as additional information about the office of the

United States Attorney for the Eastern District of Arkansas, is available online at

https://www.justice.gov/edar

 

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The year 2020 marks the 150th anniversary of the Department of Justice.  Learn more about the history of our agency at www.Justice.gov/Celebrating150Years.

 

 

COLUMBIA, S.C. — Steven Lefemine, 68, of West Columbia was sentenced to 60 days imprisonment and fined $1,000 after being found guilty of a misdemeanor violation of the Freedom of Access to Clinics (FACE) Act.

Evidence presented during his trial showed that Lefemine blocked the entrance to the Columbia Office of Planned Parenthood. Testimony from the trial indicated that Lefemine was a frequent protester of the clinic and, on this occasion, physically sought to bar employees and patients from entering the facility. Lefemine recorded his activities and presented the audio/video recordings during the trial. Lefemine was arrested by the Columbia Police Department for trespassing and removed from the site.  During the sentencing hearing, United States District Court Judge Joseph F. Anderson noted that Lefemine has multiple previous convictions for similar behavior.

The FACE Act was signed into law by President Bill Clinton in May 1994 in response to the escalation of violence surrounding abortion clinics in the early 1990s. The Act criminalizes violence toward or obstruction of health care facilities or places of worship.

This case was investigated by the FBI Columbia Field Office and the City of Columbia Police Department. Assistant U.S. Attorney T. DeWayne Pearson prosecuted the case.

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MEDIA CONTACT:   Veronica Hill, Public Affairs Specialist, U.S. Attorney’s Office, veronica.hill@usdoj.gov, (803) 929-3000

 

Donald S. Boyce, United States Attorney for the Southern District of Illinois, announced that on Tuesday, a grand jury in East St. Louis, IL, returned an indictment charging two California residents for their participation in a nationwide telemarketing real estate scam. Michael S. Davenport, 49, of Santa Barbara, CA, and Cynthia L. Rawlinson, 51, also of Santa Barbara, CA, were both charged with conspiracy to commit mail and wire fraud, five counts of wire fraud, and one count of mail fraud. The indictment arises from Davenport’s and Rawlinson’s participation in a Santa Barbara based telemarketing business. The business changed names several times, but was known at various times as MDSQ Productions, LLC, Housing Standard, LLC, Anchor House Financial, American Standard, American Standard Online, and Your American Standard (for ease of reference hereafter "American Standard").

According to the indictment, American Standard placed ads on Craigslist stating that certain houses were available for sale or rent at very favorable prices. When individuals called in response to these ads, American Standard salespersons told them they would have to purchase American Standard’s list of houses in order to get more information about the property in the Craigslist ad. The salespersons also said that the houses on the American Standard list were in

"pre-foreclosure," that the customers could purchase the houses by simply taking over the homeowners’ mortgage payments, and the deeds to these homes would then be transferred into the customers’ names. The salespersons told the customers that there was a $199 fee for access to the list, but claimed that this $199 fee would cover title searches and deed transfers. In addition, regardless of what area of the country the customers lived in, the salespersons told them that the list contained numerous pre-foreclosure properties that were available in their area.

The indictment further alleges that, after the customers paid the $199 fee, they learned that the houses on American Standard’s list were not available to be purchased. Instead, the customers found that a substantial number of the addresses contained on the list were fictional and/or no houses existed at those locations. In numerous other cases, the customers learned that the houses were not in pre-foreclosure or financial distress, and were not available to be purchased at below market prices. If the customers asked for more information about the houses they had seen on Craigslist, American Standard’s Customer Service Department informed them that the houses were no longer available.

The indictment charges that Davenport was the owner of American Standard and oversaw the operations of the company. It is alleged that Rawlinson started out as a salesperson, but was promoted to the position of Sales Manager for American Standard’s Santa Barbara office. American Standard also had a sales room located in Lompoc, CA.

According to the indictment, the conspiracy and scheme to defraud operated from approximately January 2009 through at least October 5, 2016. During this period, American Standard victimized over 100,000 people and defrauded these individuals out of more than $27,000,000. The victims were located in all fifty of the United States and the District of Columbia. At least 104 victims of the scam were located in twenty-two counties within the Southern District of Illinois, with multiple victims in both St. Clair and Madison Counties. In

addition, the indictment charges that American Standard’s list included 534 houses located in Southern Illinois.

Davenport and Rawlinson are scheduled to be arraigned on the indictment on January 17, 2018, at the Federal Courthouse in East St. Louis, IL.

Under the SCAMS Act, because it is alleged that the crimes took place in connection with telemarketing, and victimized ten or more persons over the age of 55, the maximum penalty for the conspiracy to commit mail and wire fraud charge is 30 years of imprisonment. Each of the individual mail and wire fraud counts carries a maximum sentence of 20 years in prison. The defendants can also be ordered to serve up to five years of supervised release after any term of imprisonment, can be fined up to $250,000 per count, and can be ordered to pay restitution to the victims. The indictment also seeks forfeiture of $853,210.11 that was seized from Davenport’s Merchant Processing accounts, and $104,000 in cash that was seized from Davenport at the Bill and Hillary Clinton Airport in Little Rock, Arkansas.

This case is part of an ongoing investigation by the St. Louis Field Office of the Chicago Division of the United States Postal Inspection Service. The Office of the Honorable Joyce E. Dudley, District Attorney for Santa Barbara County, and the Santa Maria Office of the FBI have provided substantial assistance in the investigation. The case is being prosecuted by Assistant United States Attorney Scott A. Verseman.

An indictment is a formal charge against a defendant. Under the law, that charge is merely an accusation and the defendant is presumed innocent unless proven guilty.