Edward Torres, 30, of Philadelphia, Pennsylvania and Alejantro Levya-Granados, 47 and Sergio Arturo Maciel-Landeros, 28, both of Mexico, were charged today by Indictment[1] with conspiracy to possess with intent to distribute six kilograms of heroin and possession with intent to distribute six kilograms of heroin, and aiding and abetting the same; announced United States Attorney Louis D. Lappen. The charges arise from the defendants’ possession of approximately six kilograms of heroin inside of a hidden compartment in the car in which they were travelling in order to facilitate the sale of those drugs for $52,000 per kilogram.
If convicted the defendants face maximum possible sentences of life imprisonment.
The case was investigated by the Drug Enforcement Administration and the Bensalem Township Police Department and is being prosecuted by Assistant United States Attorney Yvonne Osirim.
[1] An Indictment or Information is an accusation. A defendant is presumed innocent unless and until proven guilty.
Description: The fiscal year of the data file obtained from the AOUSC
Format: YYYY
Description: The code of the federal judicial circuit where the case was located
Format: A2
Description: The code of the federal judicial district where the case was located
Format: A2
Description: The code of the district office where the case was located
Format: A2
Description: Docket number assigned by the district to the case
Format: A7
Description: A unique number assigned to each defendant in a case which cannot be modified by the court
Format: A3
Description: A unique number assigned to each defendant in a case which can be modified by the court
Format: A3
Description: A sequential number indicating whether a case is an original proceeding or a reopen
Format: N5
Description: Case type associated with the current defendant record
Format: A2
Description: A concatenation of district, office, docket number, case type, defendant number, and reopen sequence number
Format: A18
Description: A concatenation of district, office, docket number, case type, and reopen sequence number
Format: A15
Description: The status of the defendant as assigned by the AOUSC
Format: A2
Description: A code indicating the fugitive status of a defendant
Format: A1
Description: The date upon which a defendant became a fugitive
Format: YYYYMMDD
Description: The date upon which a fugitive defendant was taken into custody
Format: YYYYMMDD
Description: The date when a case was first docketed in the district court
Format: YYYYMMDD
Description: The date upon which proceedings in a case commenced on charges pending in the district court where the defendant appeared, or the date of the defendant’s felony-waiver of indictment
Format: YYYYMMDD
Description: A code used to identify the nature of the proceeding
Format: N2
Description: The date when a defendant first appeared before a judicial officer in the district court where a charge was pending
Format: YYYYMMDD
Description: A code indicating the event by which a defendant appeared before a judicial officer in the district court where a charge was pending
Format: A2
Description: A code indicating the type of legal counsel assigned to a defendant
Format: N2
Description: The title and section of the U.S. Code applicable to the offense committed which carried the highest severity
Format: A20
Description: A code indicating the level of offense associated with FTITLE1
Format: N2
Description: The four digit AO offense code associated with FTITLE1
Format: A4
Description: The four digit D2 offense code associated with FTITLE1
Format: A4
Description: A code indicating the severity associated with FTITLE1
Format: A3
Description: The title and section of the U.S. Code applicable to the offense committed which carried the second highest severity
Format: A20
Description: A code indicating the level of offense associated with FTITLE2
Format: N2
Description: The four digit AO offense code associated with FTITLE2
Format: A4
Description: The four digit D2 offense code associated with FTITLE2
Format: A4
Description: A code indicating the severity associated with FTITLE2
Format: A3
Description: The FIPS code used to indicate the county or parish where an offense was committed
Format: A5
Description: The date of the last action taken on the record
Format: YYYYMMDD
Description: The date upon which judicial proceedings before the court concluded
Format: YYYYMMDD
Description: The date upon which the final sentence is recorded on the docket
Format: YYYYMMDD
Description: The date upon which the case was closed
Format: YYYYMMDD
Description: The total fine imposed at sentencing for all offenses of which the defendant was convicted and a fine was imposed
Format: N8
Description: A count of defendants filed including inter-district transfers
Format: N1
Description: A count of defendants filed excluding inter-district transfers
Format: N1
Description: A count of original proceedings commenced
Format: N1
Description: A count of defendants filed whose proceedings commenced by reopen, remand, appeal, or retrial
Format: N1
Description: A count of defendants terminated including interdistrict transfers
Format: N1
Description: A count of defendants terminated excluding interdistrict transfers
Format: N1
Description: A count of original proceedings terminated
Format: N1
Description: A count of defendants terminated whose proceedings commenced by reopen, remand, appeal, or retrial
Format: N1
Description: A count of defendants pending as of the last day of the period including long term fugitives
Format: N1
Description: A count of defendants pending as of the last day of the period excluding long term fugitives
Format: N1
Description: The source from which the data were loaded into the AOUSC’s NewSTATS database
Format: A10
Description: A sequential number indicating the iteration of the defendant record
Format: N2
Description: The date the record was loaded into the AOUSC’s NewSTATS database
Format: YYYYMMDD
Description: Statistical year ID label on data file obtained from the AOUSC which represents termination year
Description: The fiscal year of the data file obtained from the AOUSC
Format: YYYY
Description: The code of the federal judicial circuit where the case was located
Format: A2
Description: The code of the federal judicial district where the case was located
Format: A2
Description: The code of the district office where the case was located
Format: A2
Description: Docket number assigned by the district to the case
Format: A7
Description: A unique number assigned to each defendant in a case which cannot be modified by the court
Format: A3
Description: A unique number assigned to each defendant in a case which can be modified by the court
Format: A3
Description: A sequential number indicating whether a case is an original proceeding or a reopen
Format: N5
Description: Case type associated with the current defendant record
Format: A2
Description: Case type associated with a magistrate case if the current case was merged from a magistrate case
Format: A2
Description: A concatenation of district, office, docket number, case type, defendant number, and reopen sequence number
Format: A18
Description: A concatenation of district, office, docket number, case type, and reopen sequence number
Format: A15
Description: The docket number originally given to a case assigned to a magistrate judge and subsequently merged into a criminal case
Format: A7
Description: A unique number assigned to each defendant in a magistrate case
Format: A3
Description: The status of the defendant as assigned by the AOUSC
Format: A2
Description: A code indicating the fugitive status of a defendant
Format: A1
Description: The date upon which a defendant became a fugitive
Format: YYYYMMDD
Description: The date upon which a fugitive defendant was taken into custody
Format: YYYYMMDD
Description: The date when a case was first docketed in the district court
Format: YYYYMMDD
Description: The date upon which proceedings in a case commenced on charges pending in the district court where the defendant appeared, or the date of the defendant’s felony-waiver of indictment
Format: YYYYMMDD
Description: A code used to identify the nature of the proceeding
Format: N2
Description: The date when a defendant first appeared before a judicial officer in the district court where a charge was pending
Format: YYYYMMDD
Description: A code indicating the event by which a defendant appeared before a judicial officer in the district court where a charge was pending
Format: A2
Description: A code indicating the type of legal counsel assigned to a defendant
Format: N2
Description: The title and section of the U.S. Code applicable to the offense committed which carried the highest severity
Format: A20
Description: A code indicating the level of offense associated with FTITLE1
Format: N2
Description: The four digit AO offense code associated with FTITLE1
Format: A4
Description: The four digit D2 offense code associated with FTITLE1
Format: A4
Description: A code indicating the severity associated with FTITLE1
Format: A3
Description: The title and section of the U.S. Code applicable to the offense committed which carried the second highest severity
Format: A20
Description: A code indicating the level of offense associated with FTITLE2
Format: N2
Description: The four digit AO offense code associated with FTITLE2
Format: A4
Description: The four digit D2 offense code associated with FTITLE2
Format: A4
Description: A code indicating the severity associated with FTITLE2
Format: A3
Description: The FIPS code used to indicate the county or parish where an offense was committed
Format: A5
Description: The date of the last action taken on the record
Format: YYYYMMDD
Description: The date upon which judicial proceedings before the court concluded
Format: YYYYMMDD
Description: The date upon which the final sentence is recorded on the docket
Format: YYYYMMDD
Description: The date upon which the case was closed
Format: YYYYMMDD
Description: The total fine imposed at sentencing for all offenses of which the defendant was convicted and a fine was imposed
Format: N8
Description: A count of defendants filed including inter-district transfers
Format: N1
Description: A count of defendants filed excluding inter-district transfers
Format: N1
Description: A count of original proceedings commenced
Format: N1
Description: A count of defendants filed whose proceedings commenced by reopen, remand, appeal, or retrial
Format: N1
Description: A count of defendants terminated including interdistrict transfers
Format: N1
Description: A count of defendants terminated excluding interdistrict transfers
Format: N1
Description: A count of original proceedings terminated
Format: N1
Description: A count of defendants terminated whose proceedings commenced by reopen, remand, appeal, or retrial
Format: N1
Description: A count of defendants pending as of the last day of the period including long term fugitives
Format: N1
Description: A count of defendants pending as of the last day of the period excluding long term fugitives
Format: N1
Description: The source from which the data were loaded into the AOUSC’s NewSTATS database
Format: A10
Description: A sequential number indicating the iteration of the defendant record
Format: N2
Description: The date the record was loaded into the AOUSC’s NewSTATS database
Format: YYYYMMDD
Description: Statistical year ID label on data file obtained from the AOUSC which represents termination year
Description: The fiscal year of the data file obtained from the AOUSC
Format: YYYY
Description: The code of the federal judicial circuit where the case was located
Format: A2
Description: The code of the federal judicial district where the case was located
Format: A2
Description: The code of the district office where the case was located
Format: A2
Description: Docket number assigned by the district to the case
Format: A7
Description: A unique number assigned to each defendant in a case which cannot be modified by the court
Format: A3
Description: A unique number assigned to each defendant in a case which can be modified by the court
Format: A3
Description: A sequential number indicating whether a case is an original proceeding or a reopen
Format: N5
Description: Case type associated with the current defendant record
Format: A2
Description: Case type associated with a magistrate case if the current case was merged from a magistrate case
Format: A2
Description: A concatenation of district, office, docket number, case type, defendant number, and reopen sequence number
Format: A18
Description: A concatenation of district, office, docket number, case type, and reopen sequence number
Format: A15
Description: The docket number originally given to a case assigned to a magistrate judge and subsequently merged into a criminal case
Format: A7
Description: A unique number assigned to each defendant in a magistrate case
Format: A3
Description: The status of the defendant as assigned by the AOUSC
Format: A2
Description: A code indicating the fugitive status of a defendant
Format: A1
Description: The date upon which a defendant became a fugitive
Format: YYYYMMDD
Description: The date upon which a fugitive defendant was taken into custody
Format: YYYYMMDD
Description: The date when a case was first docketed in the district court
Format: YYYYMMDD
Description: The date upon which proceedings in a case commenced on charges pending in the district court where the defendant appeared, or the date of the defendant’s felony-waiver of indictment
Format: YYYYMMDD
Description: A code used to identify the nature of the proceeding
Format: N2
Description: The date when a defendant first appeared before a judicial officer in the district court where a charge was pending
Format: YYYYMMDD
Description: A code indicating the event by which a defendant appeared before a judicial officer in the district court where a charge was pending
Format: A2
Description: A code indicating the type of legal counsel assigned to a defendant
Format: N2
Description: The title and section of the U.S. Code applicable to the offense committed which carried the highest severity
Format: A20
Description: A code indicating the level of offense associated with FTITLE1
Format: N2
Description: The four digit AO offense code associated with FTITLE1
Format: A4
Description: The four digit D2 offense code associated with FTITLE1
Format: A4
Description: A code indicating the severity associated with FTITLE1
Format: A3
Description: The title and section of the U.S. Code applicable to the offense committed which carried the second highest severity
Format: A20
Description: A code indicating the level of offense associated with FTITLE2
Format: N2
Description: The four digit AO offense code associated with FTITLE2
Format: A4
Description: The four digit D2 offense code associated with FTITLE2
Format: A4
Description: A code indicating the severity associated with FTITLE2
Format: A3
Description: The FIPS code used to indicate the county or parish where an offense was committed
Format: A5
Description: The date of the last action taken on the record
Format: YYYYMMDD
Description: The date upon which judicial proceedings before the court concluded
Format: YYYYMMDD
Description: The date upon which the final sentence is recorded on the docket
Format: YYYYMMDD
Description: The date upon which the case was closed
Format: YYYYMMDD
Description: The total fine imposed at sentencing for all offenses of which the defendant was convicted and a fine was imposed
Format: N8
Description: A count of defendants filed including inter-district transfers
Format: N1
Description: A count of defendants filed excluding inter-district transfers
Format: N1
Description: A count of original proceedings commenced
Format: N1
Description: A count of defendants filed whose proceedings commenced by reopen, remand, appeal, or retrial
Format: N1
Description: A count of defendants terminated including interdistrict transfers
Format: N1
Description: A count of defendants terminated excluding interdistrict transfers
Format: N1
Description: A count of original proceedings terminated
Format: N1
Description: A count of defendants terminated whose proceedings commenced by reopen, remand, appeal, or retrial
Format: N1
Description: A count of defendants pending as of the last day of the period including long term fugitives
Format: N1
Description: A count of defendants pending as of the last day of the period excluding long term fugitives
Format: N1
Description: The source from which the data were loaded into the AOUSC’s NewSTATS database
Format: A10
Description: A sequential number indicating the iteration of the defendant record
Format: N2
Description: The date the record was loaded into the AOUSC’s NewSTATS database
Format: YYYYMMDD
Description: Statistical year ID label on data file obtained from the AOUSC which represents termination year
Description: The fiscal year of the data file obtained from the AOUSC
Format: YYYY
Description: The code of the federal judicial circuit where the case was located
Format: A2
Description: The code of the federal judicial district where the case was located
Format: A2
Description: The code of the district office where the case was located
Format: A2
Description: Docket number assigned by the district to the case
Format: A7
Description: A unique number assigned to each defendant in a case which cannot be modified by the court
Format: A3
Description: A unique number assigned to each defendant in a case which can be modified by the court
Format: A3
Description: A sequential number indicating whether a case is an original proceeding or a reopen
Format: N5
Description: Case type associated with the current defendant record
Format: A2
Description: A concatenation of district, office, docket number, case type, defendant number, and reopen sequence number
Format: A18
Description: A concatenation of district, office, docket number, case type, and reopen sequence number
Format: A15
Description: The status of the defendant as assigned by the AOUSC
Format: A2
Description: A code indicating the fugitive status of a defendant
Format: A1
Description: The date upon which a defendant became a fugitive
Format: YYYYMMDD
Description: The date upon which a fugitive defendant was taken into custody
Format: YYYYMMDD
Description: The date when a case was first docketed in the district court
Format: YYYYMMDD
Description: The date upon which proceedings in a case commenced on charges pending in the district court where the defendant appeared, or the date of the defendant’s felony-waiver of indictment
Format: YYYYMMDD
Description: A code used to identify the nature of the proceeding
Format: N2
Description: The date when a defendant first appeared before a judicial officer in the district court where a charge was pending
Format: YYYYMMDD
Description: A code indicating the event by which a defendant appeared before a judicial officer in the district court where a charge was pending
Format: A2
Description: A code indicating the type of legal counsel assigned to a defendant
Format: N2
Description: The title and section of the U.S. Code applicable to the offense committed which carried the highest severity
Format: A20
Description: A code indicating the level of offense associated with FTITLE1
Format: N2
Description: The four digit AO offense code associated with FTITLE1
Format: A4
Description: The four digit D2 offense code associated with FTITLE1
Format: A4
Description: A code indicating the severity associated with FTITLE1
Format: A3
Description: The FIPS code used to indicate the county or parish where an offense was committed
Format: A5
Description: The date of the last action taken on the record
Format: YYYYMMDD
Description: The date upon which judicial proceedings before the court concluded
Format: YYYYMMDD
Description: The date upon which the final sentence is recorded on the docket
Format: YYYYMMDD
Description: The date upon which the case was closed
Format: YYYYMMDD
Description: The total fine imposed at sentencing for all offenses of which the defendant was convicted and a fine was imposed
Format: N8
Description: A count of defendants filed including inter-district transfers
Format: N1
Description: A count of defendants filed excluding inter-district transfers
Format: N1
Description: A count of original proceedings commenced
Format: N1
Description: A count of defendants filed whose proceedings commenced by reopen, remand, appeal, or retrial
Format: N1
Description: A count of defendants terminated including interdistrict transfers
Format: N1
Description: A count of defendants terminated excluding interdistrict transfers
Format: N1
Description: A count of original proceedings terminated
Format: N1
Description: A count of defendants terminated whose proceedings commenced by reopen, remand, appeal, or retrial
Format: N1
Description: A count of defendants pending as of the last day of the period including long term fugitives
Format: N1
Description: A count of defendants pending as of the last day of the period excluding long term fugitives
Format: N1
Description: The source from which the data were loaded into the AOUSC’s NewSTATS database
Format: A10
Description: A sequential number indicating the iteration of the defendant record
Format: N2
Description: The date the record was loaded into the AOUSC’s NewSTATS database
Format: YYYYMMDD
Description: Statistical year ID label on data file obtained from the AOUSC which represents termination year
PHILADELPHIA, PA – United States Attorney William M. McSwain announced that Lester Antonio Dionicio-Elias, 33, of Drexel Hill, PA, was charged today by indictment with illegal reentry after deportation.
The indictment alleges that the Dionicio-Elias, an alien and native and citizen of Honduras, was previously deported from the United States on or about May 7, 2008. At some point between May 2008 and 2013, Dionico-Elias allegedly reentered the United States illegally. If convicted of this current illegal reentry offense, the defendant faces a maximum possible sentence of 2 years’ imprisonment.
The case was investigated by Immigration and Customs Enforcement, Enforcement and Removal Operations (“ICE”), and is being prosecuted by Assistant United States Attorney Meaghan A. Flannery.
An indictment, information or criminal complaint is an accusation. A defendant is presumed innocent unless and until proven guilty.
Description: The fiscal year of the data file obtained from the AOUSC
Format: YYYY
Description: The code of the federal judicial circuit where the case was located
Format: A2
Description: The code of the federal judicial district where the case was located
Format: A2
Description: The code of the district office where the case was located
Format: A2
Description: Docket number assigned by the district to the case
Format: A7
Description: A unique number assigned to each defendant in a case which cannot be modified by the court
Format: A3
Description: A unique number assigned to each defendant in a case which can be modified by the court
Format: A3
Description: A sequential number indicating whether a case is an original proceeding or a reopen
Format: N5
Description: Case type associated with the current defendant record
Format: A2
Description: A concatenation of district, office, docket number, case type, defendant number, and reopen sequence number
Format: A18
Description: A concatenation of district, office, docket number, case type, and reopen sequence number
Format: A15
Description: The status of the defendant as assigned by the AOUSC
Format: A2
Description: A code indicating the fugitive status of a defendant
Format: A1
Description: The date upon which a defendant became a fugitive
Format: YYYYMMDD
Description: The date upon which a fugitive defendant was taken into custody
Format: YYYYMMDD
Description: The date when a case was first docketed in the district court
Format: YYYYMMDD
Description: The date upon which proceedings in a case commenced on charges pending in the district court where the defendant appeared, or the date of the defendant’s felony-waiver of indictment
Format: YYYYMMDD
Description: A code used to identify the nature of the proceeding
Format: N2
Description: The date when a defendant first appeared before a judicial officer in the district court where a charge was pending
Format: YYYYMMDD
Description: A code indicating the event by which a defendant appeared before a judicial officer in the district court where a charge was pending
Format: A2
Description: A code indicating the type of legal counsel assigned to a defendant
Format: N2
Description: The title and section of the U.S. Code applicable to the offense committed which carried the highest severity
Format: A20
Description: A code indicating the level of offense associated with FTITLE1
Format: N2
Description: The four digit AO offense code associated with FTITLE1
Format: A4
Description: The four digit D2 offense code associated with FTITLE1
Format: A4
Description: A code indicating the severity associated with FTITLE1
Format: A3
Description: The FIPS code used to indicate the county or parish where an offense was committed
Format: A5
Description: The date of the last action taken on the record
Format: YYYYMMDD
Description: The date upon which judicial proceedings before the court concluded
Format: YYYYMMDD
Description: The date upon which the final sentence is recorded on the docket
Format: YYYYMMDD
Description: The date upon which the case was closed
Format: YYYYMMDD
Description: The total fine imposed at sentencing for all offenses of which the defendant was convicted and a fine was imposed
Format: N8
Description: A count of defendants filed including inter-district transfers
Format: N1
Description: A count of defendants filed excluding inter-district transfers
Format: N1
Description: A count of original proceedings commenced
Format: N1
Description: A count of defendants filed whose proceedings commenced by reopen, remand, appeal, or retrial
Format: N1
Description: A count of defendants terminated including interdistrict transfers
Format: N1
Description: A count of defendants terminated excluding interdistrict transfers
Format: N1
Description: A count of original proceedings terminated
Format: N1
Description: A count of defendants terminated whose proceedings commenced by reopen, remand, appeal, or retrial
Format: N1
Description: A count of defendants pending as of the last day of the period including long term fugitives
Format: N1
Description: A count of defendants pending as of the last day of the period excluding long term fugitives
Format: N1
Description: The source from which the data were loaded into the AOUSC’s NewSTATS database
Format: A10
Description: A sequential number indicating the iteration of the defendant record
Format: N2
Description: The date the record was loaded into the AOUSC’s NewSTATS database
Format: YYYYMMDD
Description: Statistical year ID label on data file obtained from the AOUSC which represents termination year
Description: The fiscal year of the data file obtained from the AOUSC
Format: YYYY
Description: The code of the federal judicial circuit where the case was located
Format: A2
Description: The code of the federal judicial district where the case was located
Format: A2
Description: The code of the district office where the case was located
Format: A2
Description: Docket number assigned by the district to the case
Format: A7
Description: A unique number assigned to each defendant in a case which cannot be modified by the court
Format: A3
Description: A unique number assigned to each defendant in a case which can be modified by the court
Format: A3
Description: A sequential number indicating whether a case is an original proceeding or a reopen
Format: N5
Description: Case type associated with the current defendant record
Format: A2
Description: Case type associated with a magistrate case if the current case was merged from a magistrate case
Format: A2
Description: A concatenation of district, office, docket number, case type, defendant number, and reopen sequence number
Format: A18
Description: A concatenation of district, office, docket number, case type, and reopen sequence number
Format: A15
Description: The docket number originally given to a case assigned to a magistrate judge and subsequently merged into a criminal case
Format: A7
Description: A unique number assigned to each defendant in a magistrate case
Format: A3
Description: The status of the defendant as assigned by the AOUSC
Format: A2
Description: A code indicating the fugitive status of a defendant
Format: A1
Description: The date upon which a defendant became a fugitive
Format: YYYYMMDD
Description: The date upon which a fugitive defendant was taken into custody
Format: YYYYMMDD
Description: The date when a case was first docketed in the district court
Format: YYYYMMDD
Description: The date upon which proceedings in a case commenced on charges pending in the district court where the defendant appeared, or the date of the defendant’s felony-waiver of indictment
Format: YYYYMMDD
Description: A code used to identify the nature of the proceeding
Format: N2
Description: The date when a defendant first appeared before a judicial officer in the district court where a charge was pending
Format: YYYYMMDD
Description: A code indicating the event by which a defendant appeared before a judicial officer in the district court where a charge was pending
Format: A2
Description: A code indicating the type of legal counsel assigned to a defendant
Format: N2
Description: The title and section of the U.S. Code applicable to the offense committed which carried the highest severity
Format: A20
Description: A code indicating the level of offense associated with FTITLE1
Format: N2
Description: The four digit AO offense code associated with FTITLE1
Format: A4
Description: The four digit D2 offense code associated with FTITLE1
Format: A4
Description: A code indicating the severity associated with FTITLE1
Format: A3
Description: The FIPS code used to indicate the county or parish where an offense was committed
Format: A5
Description: The date of the last action taken on the record
Format: YYYYMMDD
Description: The date upon which judicial proceedings before the court concluded
Format: YYYYMMDD
Description: The date upon which the final sentence is recorded on the docket
Format: YYYYMMDD
Description: The date upon which the case was closed
Format: YYYYMMDD
Description: The total fine imposed at sentencing for all offenses of which the defendant was convicted and a fine was imposed
Format: N8
Description: A count of defendants filed including inter-district transfers
Format: N1
Description: A count of defendants filed excluding inter-district transfers
Format: N1
Description: A count of original proceedings commenced
Format: N1
Description: A count of defendants filed whose proceedings commenced by reopen, remand, appeal, or retrial
Format: N1
Description: A count of defendants terminated including interdistrict transfers
Format: N1
Description: A count of defendants terminated excluding interdistrict transfers
Format: N1
Description: A count of original proceedings terminated
Format: N1
Description: A count of defendants terminated whose proceedings commenced by reopen, remand, appeal, or retrial
Format: N1
Description: A count of defendants pending as of the last day of the period including long term fugitives
Format: N1
Description: A count of defendants pending as of the last day of the period excluding long term fugitives
Format: N1
Description: The source from which the data were loaded into the AOUSC’s NewSTATS database
Format: A10
Description: A sequential number indicating the iteration of the defendant record
Format: N2
Description: The date the record was loaded into the AOUSC’s NewSTATS database
Format: YYYYMMDD
Description: Statistical year ID label on data file obtained from the AOUSC which represents termination year
Description: The fiscal year of the data file obtained from the AOUSC
Format: YYYY
Description: The code of the federal judicial circuit where the case was located
Format: A2
Description: The code of the federal judicial district where the case was located
Format: A2
Description: The code of the district office where the case was located
Format: A2
Description: Docket number assigned by the district to the case
Format: A7
Description: A unique number assigned to each defendant in a case which cannot be modified by the court
Format: A3
Description: A unique number assigned to each defendant in a case which can be modified by the court
Format: A3
Description: A sequential number indicating whether a case is an original proceeding or a reopen
Format: N5
Description: Case type associated with the current defendant record
Format: A2
Description: Case type associated with a magistrate case if the current case was merged from a magistrate case
Format: A2
Description: A concatenation of district, office, docket number, case type, defendant number, and reopen sequence number
Format: A18
Description: A concatenation of district, office, docket number, case type, and reopen sequence number
Format: A15
Description: The docket number originally given to a case assigned to a magistrate judge and subsequently merged into a criminal case
Format: A7
Description: A unique number assigned to each defendant in a magistrate case
Format: A3
Description: The status of the defendant as assigned by the AOUSC
Format: A2
Description: A code indicating the fugitive status of a defendant
Format: A1
Description: The date upon which a defendant became a fugitive
Format: YYYYMMDD
Description: The date upon which a fugitive defendant was taken into custody
Format: YYYYMMDD
Description: The date when a case was first docketed in the district court
Format: YYYYMMDD
Description: The date upon which proceedings in a case commenced on charges pending in the district court where the defendant appeared, or the date of the defendant’s felony-waiver of indictment
Format: YYYYMMDD
Description: A code used to identify the nature of the proceeding
Format: N2
Description: The date when a defendant first appeared before a judicial officer in the district court where a charge was pending
Format: YYYYMMDD
Description: A code indicating the event by which a defendant appeared before a judicial officer in the district court where a charge was pending
Format: A2
Description: A code indicating the type of legal counsel assigned to a defendant
Format: N2
Description: The title and section of the U.S. Code applicable to the offense committed which carried the highest severity
Format: A20
Description: A code indicating the level of offense associated with FTITLE1
Format: N2
Description: The four digit AO offense code associated with FTITLE1
Format: A4
Description: The four digit D2 offense code associated with FTITLE1
Format: A4
Description: A code indicating the severity associated with FTITLE1
Format: A3
Description: The FIPS code used to indicate the county or parish where an offense was committed
Format: A5
Description: The date of the last action taken on the record
Format: YYYYMMDD
Description: The date upon which judicial proceedings before the court concluded
Format: YYYYMMDD
Description: The date upon which the final sentence is recorded on the docket
Format: YYYYMMDD
Description: The date upon which the case was closed
Format: YYYYMMDD
Description: The total fine imposed at sentencing for all offenses of which the defendant was convicted and a fine was imposed
Format: N8
Description: A count of defendants filed including inter-district transfers
Format: N1
Description: A count of defendants filed excluding inter-district transfers
Format: N1
Description: A count of original proceedings commenced
Format: N1
Description: A count of defendants filed whose proceedings commenced by reopen, remand, appeal, or retrial
Format: N1
Description: A count of defendants terminated including interdistrict transfers
Format: N1
Description: A count of defendants terminated excluding interdistrict transfers
Format: N1
Description: A count of original proceedings terminated
Format: N1
Description: A count of defendants terminated whose proceedings commenced by reopen, remand, appeal, or retrial
Format: N1
Description: A count of defendants pending as of the last day of the period including long term fugitives
Format: N1
Description: A count of defendants pending as of the last day of the period excluding long term fugitives
Format: N1
Description: The source from which the data were loaded into the AOUSC’s NewSTATS database
Format: A10
Description: A sequential number indicating the iteration of the defendant record
Format: N2
Description: The date the record was loaded into the AOUSC’s NewSTATS database
Format: YYYYMMDD
Description: Statistical year ID label on data file obtained from the AOUSC which represents termination year
Description: The fiscal year of the data file obtained from the AOUSC
Format: YYYY
Description: The code of the federal judicial circuit where the case was located
Format: A2
Description: The code of the federal judicial district where the case was located
Format: A2
Description: The code of the district office where the case was located
Format: A2
Description: Docket number assigned by the district to the case
Format: A7
Description: A unique number assigned to each defendant in a case which cannot be modified by the court
Format: A3
Description: A unique number assigned to each defendant in a case which can be modified by the court
Format: A3
Description: A sequential number indicating whether a case is an original proceeding or a reopen
Format: N5
Description: Case type associated with the current defendant record
Format: A2
Description: A concatenation of district, office, docket number, case type, defendant number, and reopen sequence number
Format: A18
Description: A concatenation of district, office, docket number, case type, and reopen sequence number
Format: A15
Description: The status of the defendant as assigned by the AOUSC
Format: A2
Description: A code indicating the fugitive status of a defendant
Format: A1
Description: The date upon which a defendant became a fugitive
Format: YYYYMMDD
Description: The date upon which a fugitive defendant was taken into custody
Format: YYYYMMDD
Description: The date when a case was first docketed in the district court
Format: YYYYMMDD
Description: The date upon which proceedings in a case commenced on charges pending in the district court where the defendant appeared, or the date of the defendant’s felony-waiver of indictment
Format: YYYYMMDD
Description: A code used to identify the nature of the proceeding
Format: N2
Description: The date when a defendant first appeared before a judicial officer in the district court where a charge was pending
Format: YYYYMMDD
Description: A code indicating the event by which a defendant appeared before a judicial officer in the district court where a charge was pending
Format: A2
Description: A code indicating the type of legal counsel assigned to a defendant
Format: N2
Description: The title and section of the U.S. Code applicable to the offense committed which carried the highest severity
Format: A20
Description: A code indicating the level of offense associated with FTITLE1
Format: N2
Description: The four digit AO offense code associated with FTITLE1
Format: A4
Description: The four digit D2 offense code associated with FTITLE1
Format: A4
Description: A code indicating the severity associated with FTITLE1
Format: A3
Description: The title and section of the U.S. Code applicable to the offense committed which carried the second highest severity
Format: A20
Description: A code indicating the level of offense associated with FTITLE2
Format: N2
Description: The four digit AO offense code associated with FTITLE2
Format: A4
Description: The four digit D2 offense code associated with FTITLE2
Format: A4
Description: A code indicating the severity associated with FTITLE2
Format: A3
Description: The FIPS code used to indicate the county or parish where an offense was committed
Format: A5
Description: The date of the last action taken on the record
Format: YYYYMMDD
Description: The date upon which judicial proceedings before the court concluded
Format: YYYYMMDD
Description: The date upon which the final sentence is recorded on the docket
Format: YYYYMMDD
Description: The date upon which the case was closed
Format: YYYYMMDD
Description: The total fine imposed at sentencing for all offenses of which the defendant was convicted and a fine was imposed
Format: N8
Description: A count of defendants filed including inter-district transfers
Format: N1
Description: A count of defendants filed excluding inter-district transfers
Format: N1
Description: A count of original proceedings commenced
Format: N1
Description: A count of defendants filed whose proceedings commenced by reopen, remand, appeal, or retrial
Format: N1
Description: A count of defendants terminated including interdistrict transfers
Format: N1
Description: A count of defendants terminated excluding interdistrict transfers
Format: N1
Description: A count of original proceedings terminated
Format: N1
Description: A count of defendants terminated whose proceedings commenced by reopen, remand, appeal, or retrial
Format: N1
Description: A count of defendants pending as of the last day of the period including long term fugitives
Format: N1
Description: A count of defendants pending as of the last day of the period excluding long term fugitives
Format: N1
Description: The source from which the data were loaded into the AOUSC’s NewSTATS database
Format: A10
Description: A sequential number indicating the iteration of the defendant record
Format: N2
Description: The date the record was loaded into the AOUSC’s NewSTATS database
Format: YYYYMMDD
Description: Statistical year ID label on data file obtained from the AOUSC which represents termination year
Description: The fiscal year of the data file obtained from the AOUSC
Format: YYYY
Description: The code of the federal judicial circuit where the case was located
Format: A2
Description: The code of the federal judicial district where the case was located
Format: A2
Description: The code of the district office where the case was located
Format: A2
Description: Docket number assigned by the district to the case
Format: A7
Description: A unique number assigned to each defendant in a case which cannot be modified by the court
Format: A3
Description: A unique number assigned to each defendant in a case which can be modified by the court
Format: A3
Description: A sequential number indicating whether a case is an original proceeding or a reopen
Format: N5
Description: Case type associated with the current defendant record
Format: A2
Description: A concatenation of district, office, docket number, case type, defendant number, and reopen sequence number
Format: A18
Description: A concatenation of district, office, docket number, case type, and reopen sequence number
Format: A15
Description: The status of the defendant as assigned by the AOUSC
Format: A2
Description: A code indicating the fugitive status of a defendant
Format: A1
Description: The date upon which a defendant became a fugitive
Format: YYYYMMDD
Description: The date upon which a fugitive defendant was taken into custody
Format: YYYYMMDD
Description: The date when a case was first docketed in the district court
Format: YYYYMMDD
Description: The date upon which proceedings in a case commenced on charges pending in the district court where the defendant appeared, or the date of the defendant’s felony-waiver of indictment
Format: YYYYMMDD
Description: A code used to identify the nature of the proceeding
Format: N2
Description: The date when a defendant first appeared before a judicial officer in the district court where a charge was pending
Format: YYYYMMDD
Description: A code indicating the event by which a defendant appeared before a judicial officer in the district court where a charge was pending
Format: A2
Description: A code indicating the type of legal counsel assigned to a defendant
Format: N2
Description: The title and section of the U.S. Code applicable to the offense committed which carried the highest severity
Format: A20
Description: A code indicating the level of offense associated with FTITLE1
Format: N2
Description: The four digit AO offense code associated with FTITLE1
Format: A4
Description: The four digit D2 offense code associated with FTITLE1
Format: A4
Description: A code indicating the severity associated with FTITLE1
Format: A3
Description: The title and section of the U.S. Code applicable to the offense committed which carried the second highest severity
Format: A20
Description: A code indicating the level of offense associated with FTITLE2
Format: N2
Description: The four digit AO offense code associated with FTITLE2
Format: A4
Description: The four digit D2 offense code associated with FTITLE2
Format: A4
Description: A code indicating the severity associated with FTITLE2
Format: A3
Description: The FIPS code used to indicate the county or parish where an offense was committed
Format: A5
Description: The date of the last action taken on the record
Format: YYYYMMDD
Description: The date upon which judicial proceedings before the court concluded
Format: YYYYMMDD
Description: The date upon which the final sentence is recorded on the docket
Format: YYYYMMDD
Description: The date upon which the case was closed
Format: YYYYMMDD
Description: The number of days from the earlier of filing date or first appearance date to proceeding date
Format: N3
Description: The number of days from proceeding date to disposition date
Format: N3
Description: The number of days from disposition date to sentencing date
Format: N3
Description: The code of the district office where the case was terminated
Format: A2
Description: A code indicating the type of legal counsel assigned to a defendant at the time the case was closed
Format: N2
Description: The title and section of the U.S. Code applicable to the offense that carried the most severe disposition and penalty under which the defendant was disposed
Format: A20
Description: A code indicating the level of offense associated with TTITLE1
Format: N2
Description: The four digit AO offense code associated with TTITLE1
Format: A4
Description: The four digit D2 offense code associated with TTITLE1
Format: A4
Description: A code indicating the severity associated with TTITLE1
Format: A3
Description: The code indicating the nature or type of disposition associated with TTITLE1
Format: N2
Description: The number of months a defendant was sentenced to prison under TTITLE1
Format: N4
Description: The number of months of probation imposed upon a defendant under TTITLE1
Format: N4
Description: A code indicating whether the probation sentence associated with TTITLE1 was concurrent or consecutive in relation to the other counts in the indictment or information or multiple counts of the same charge
Format: A4
Description: A period of supervised release imposed upon a defendant under TTITLE1
Format: N3
Description: The fine imposed upon the defendant at sentencing under TTITLE1
Format: N8
Description: The title and section of the U.S. Code applicable to the offense under which the defendant was disposed that carried the second most severe disposition and penalty
Format: A20
Description: A code indicating the level of offense associated with TTITLE2
Format: N2
Description: The four digit AO offense code associated with TTITLE2
Format: A4
Description: The four digit D2 offense code associated with TTITLE2
Format: A4
Description: A code indicating the severity associated with TTITLE2
Format: A3
Description: The code indicating the nature or type of disposition associated with TTITLE2
Format: N2
Description: The number of months a defendant was sentenced to prison under TTITLE2
Format: N4
Description: The number of months of probation imposed upon a defendant under TTITLE2
Format: N4
Description: A code indicating whether the probation sentence associated with TTITLE2 was concurrent or consecutive in relation to the other counts in the indictment or information or multiple counts of the same charge
Format: A4
Description: A period of supervised release imposed upon a defendant under TTITLE2
Format: N3
Description: The fine imposed upon the defendant at sentencing under TTITLE2
Format: N8
Description: The total probation time for all offenses of which the defendant was convicted and probation was imposed
Format: N4
Description: The total fine imposed at sentencing for all offenses of which the defendant was convicted and a fine was imposed
Format: N8
Description: A count of defendants filed including inter-district transfers
Format: N1
Description: A count of defendants filed excluding inter-district transfers
Format: N1
Description: A count of original proceedings commenced
Format: N1
Description: A count of defendants filed whose proceedings commenced by reopen, remand, appeal, or retrial
Format: N1
Description: A count of defendants terminated including interdistrict transfers
Format: N1
Description: A count of defendants terminated excluding interdistrict transfers
Format: N1
Description: A count of original proceedings terminated
Format: N1
Description: A count of defendants terminated whose proceedings commenced by reopen, remand, appeal, or retrial
Format: N1
Description: A count of defendants pending as of the last day of the period including long term fugitives
Format: N1
Description: A count of defendants pending as of the last day of the period excluding long term fugitives
Format: N1
Description: The source from which the data were loaded into the AOUSC’s NewSTATS database
Format: A10
Description: A sequential number indicating the iteration of the defendant record
Format: N2
Description: The date the record was loaded into the AOUSC’s NewSTATS database
Format: YYYYMMDD
Description: Statistical year ID label on data file obtained from the AOUSC which represents termination year
PHILADELPHIA – U.S. Attorney William M. McSwain announced today that a Reading, Pennsylvania woman—the eighth member of a Reading-area bank fraud ring—has been charged with fraud.
A criminal information has been filed charging, Xavanna Olivera, 19, with one count of bank fraud. Olivera is alleged to be a member of a bank fraud ring operated by Steven Ronald Randall of Philadelphia.
Randall previously pleaded guilty on March 15, 2018, to one count of bank fraud and five counts of aggravated identity theft before U.S. District Judge Joseph F. Leeson, Jr. As part of his guilty plea, Randall admitted that he was a leader of a scheme to defraud First National Bank. Randall further admitted that as a result of this scheme, FNB sustained actual losses in excess of $76,519, with intended losses of in excess of $115,782. Randall also admitted that he transferred funds to inmates incarcerated within the Pennsylvania Department of Corrections via accounts opened by others involved in the scheme.
The information alleges that in return for a share of the fraud proceeds, Olivera opened an account at FNB that she knew would be used to deposit fraudulent checks and to withdraw cash before the bank discovered that the checks were fraudulent.
Olivera faces a maximum sentence of 30 years’ incarceration, a five-year period of supervised release, and a fine of $1,000,000.
Olivera is the eighth member charged as part of this group. In addition to Olivera and Randall, the other members of the bank fraud ring previously charged are Jaylen Jefferson, 19, of Reading, Dawson Thomas, 19, of Mohnton, Rebecca Ilie, 25, of Reading, Linda Pacheco, 40, of Reading, Angel Ocasio, Jr., 20, of Reading, and Jair Peralta, 19, of Kenhorst.
The case was investigated by the United States Postal Inspection Service, the Federal Bureau of Investigation, and the Cumru Township Police Department and is being prosecuted by Assistant United States Attorney Michael S. Lowe.
An indictment or information is an accusation. A defendant is presumed innocent unless and until proven guilty.
PHILADELPHIA – A Reading man, and sixth member of a Reading area bank fraud ring, was charged with fraud today, announced U.S. Attorney William M. McSwain.
A criminal information[1] was filed charging, Angel Ocasio, Jr., 20, of Reading, Pennsylvania, with one count of bank fraud. Ocasio is alleged to be a member of a bank fraud ring operated by Steven Ronald Randall of Philadelphia.
Randall previously pled guilty on March 15, 2018 to one count of bank fraud and five counts of aggravated identity theft before U.S. District Judge Joseph F. Leeson, Jr. As part of his guilty plea Randall admitted that he was a leader of a scheme to defraud First National Bank and used persons to open bank accounts and obtain ATM debit cards so that their bank accounts could be used to deposit fraudulent checks and withdraw cash before FNB determined that the checks were fraudulent. Randall had also admitted that FNB sustained actual losses in excess of $76,519, with intended losses of in excess of $115,782, as a result of this scheme. Randall had also admitted that he transferred funds from the accounts opened by his co-schemers to inmates incarcerated within the Pennsylvania Department of Corrections.
The information filed today alleges that Ocasio opened an account at FNB that he knew would be used to deposit fraudulent checks and withdraw cash before the bank discovered that the checks were fraudulent, in return for a share of the fraud proceeds.
“This was a sophisticated scheme that took excellent investigative work to unravel,” said U.S. Attorney McSwain. “Punishing financial fraud – as well as identity theft – is and will continue to be a top priority of my office.”
Ocasio faces a maximum sentence of 30 years’ incarceration, a five-year period of supervised release, and a fine of $1,000,000.
Ocasio is the sixth member charged as part of this group. In addition to Ocasio and Randall, the other members of the bank fraud ring previously charged are Jaylen Jefferson, 19, of Reading, Dawson Thomas, 19, of Mohnton, Rebecca Ilie, 25, of Reading, and Linda Pacheco, 40, of Reading.
The case was investigated by the United States Postal Inspection Service, the Federal Bureau of Investigation, and the Cumru Township Police Department and is being prosecuted by Assistant United States Attorney Michael S. Lowe.
[1] An Indictment or Information is an accusation. A defendant is presumed innocent unless and until proven guilty
Description: The fiscal year of the data file obtained from the AOUSC
Format: YYYY
Description: The code of the federal judicial circuit where the case was located
Format: A2
Description: The code of the federal judicial district where the case was located
Format: A2
Description: The code of the district office where the case was located
Format: A2
Description: Docket number assigned by the district to the case
Format: A7
Description: A unique number assigned to each defendant in a case which cannot be modified by the court
Format: A3
Description: A unique number assigned to each defendant in a case which can be modified by the court
Format: A3
Description: A sequential number indicating whether a case is an original proceeding or a reopen
Format: N5
Description: Case type associated with the current defendant record
Format: A2
Description: A concatenation of district, office, docket number, case type, defendant number, and reopen sequence number
Format: A18
Description: A concatenation of district, office, docket number, case type, and reopen sequence number
Format: A15
Description: The status of the defendant as assigned by the AOUSC
Format: A2
Description: A code indicating the fugitive status of a defendant
Format: A1
Description: The date upon which a defendant became a fugitive
Format: YYYYMMDD
Description: The date upon which a fugitive defendant was taken into custody
Format: YYYYMMDD
Description: The date when a case was first docketed in the district court
Format: YYYYMMDD
Description: The date upon which proceedings in a case commenced on charges pending in the district court where the defendant appeared, or the date of the defendant’s felony-waiver of indictment
Format: YYYYMMDD
Description: A code used to identify the nature of the proceeding
Format: N2
Description: The date when a defendant first appeared before a judicial officer in the district court where a charge was pending
Format: YYYYMMDD
Description: A code indicating the event by which a defendant appeared before a judicial officer in the district court where a charge was pending
Format: A2
Description: A code indicating the type of legal counsel assigned to a defendant
Format: N2
Description: The title and section of the U.S. Code applicable to the offense committed which carried the highest severity
Format: A20
Description: A code indicating the level of offense associated with FTITLE1
Format: N2
Description: The four digit AO offense code associated with FTITLE1
Format: A4
Description: The four digit D2 offense code associated with FTITLE1
Format: A4
Description: A code indicating the severity associated with FTITLE1
Format: A3
Description: The FIPS code used to indicate the county or parish where an offense was committed
Format: A5
Description: The date of the last action taken on the record
Format: YYYYMMDD
Description: The date upon which judicial proceedings before the court concluded
Format: YYYYMMDD
Description: The date upon which the final sentence is recorded on the docket
Format: YYYYMMDD
Description: The date upon which the case was closed
Format: YYYYMMDD
Description: The total fine imposed at sentencing for all offenses of which the defendant was convicted and a fine was imposed
Format: N8
Description: A count of defendants filed including inter-district transfers
Format: N1
Description: A count of defendants filed excluding inter-district transfers
Format: N1
Description: A count of original proceedings commenced
Format: N1
Description: A count of defendants filed whose proceedings commenced by reopen, remand, appeal, or retrial
Format: N1
Description: A count of defendants terminated including interdistrict transfers
Format: N1
Description: A count of defendants terminated excluding interdistrict transfers
Format: N1
Description: A count of original proceedings terminated
Format: N1
Description: A count of defendants terminated whose proceedings commenced by reopen, remand, appeal, or retrial
Format: N1
Description: A count of defendants pending as of the last day of the period including long term fugitives
Format: N1
Description: A count of defendants pending as of the last day of the period excluding long term fugitives
Format: N1
Description: The source from which the data were loaded into the AOUSC’s NewSTATS database
Format: A10
Description: A sequential number indicating the iteration of the defendant record
Format: N2
Description: The date the record was loaded into the AOUSC’s NewSTATS database
Format: YYYYMMDD
Description: Statistical year ID label on data file obtained from the AOUSC which represents termination year
PHILADELPHIA – United States Attorney Jacqueline C. Romero announced that the United States has filed a complaint in U.S. District Court against Michael DiCiurcio of Philadelphia, Pennsylvania. In its complaint, the United States alleges that DiCiurcio operated small unmanned aircraft systems (“sUAS”) — commonly known as drones — unlawfully and unsafely in the Philadelphia area between at least December 2019 to the present, in violation of Federal Aviation Administration (“FAA”) requirements.
The United States alleges that DiCiurcio operated flights at night, in close proximity to the William Penn Statue, PSFS Building, and the Liberty One Building. On one occasion, the sUAS almost struck a church steeple during flight. The United States alleges that, during certain flights, DiCiurcio improperly operated the sUAS inside of controlled airspace near the Philadelphia International Airport, over people and cars, and, in at least one instance, lost control of the sUAS, causing it to fly uncontrolled over Philadelphia.
The FAA warned DiCiurcio in writing and provided him with counseling and education regarding requirements for safe operations of a sUAS under the Federal Aviation Regulations. The United States alleges that DiCiurcio nonetheless has continued to operate sUASs illegally and in a careless or reckless manner that endangers others. The United States seeks substantial civil penalties and an injunction to prevent additional illegal conduct.
“Failing to adhere to the safety requirements for flying drones endangers people and property,” said U.S. Attorney Romero. “All drone operators have a responsibility to ensure that they observe all applicable regulations and guidance. Our office is committed to ensuring total compliance with the FAA regulations and we will vigorously enforce violations wherever we find them.”
“We work hard to educate people about safely flying their drones, and we don’t hesitate to take strong enforcement action when pilots deliberately flout the rules,” said Deputy FAA Administrator Katie Thomson.
The allegations regarding unsafe sUAS flights in violation of FAA regulations are described in detail in the complaint. The case is captioned United States of America v. Michael DiCiurcio, Case No. 24-cv-00612 (E.D. Pa.).
The case has been investigated by the FAA’s Flight Standards Division and the U.S. Department of Transportation Office of the Inspector General. The case is being handled by Assistant U.S. Attorney Viveca D. Parker.
All civil claims are allegations only. There has been no determination of civil liability.
PHILADELPHIA – Acting United States Attorney Jennifer Arbittier Williams announced that Imad Dawara, 40, of Swathmore, PA, and Bahaa Dawara, 32, of Woodlyn, PA, both entered pleas of guilty today before United States District Court Chief Judge Juan R. Sanchez to charges of conspiracy to commit arson and conspiracy to defraud the United States.
In pleading guilty, the defendants admitted to planning and causing the arson of their business, RCL Management LLC, at 239-241 Chestnut Street in Philadelphia a little more than three years ago on February 18, 2018, and to evading the assessment of their income tax liabilities from 2015-2017. Imad Dawara also admitted to fraud in connection with his receipt of health care and other government benefits including Medicaid, SNAP and TANF.
From around December 2012 until February 18, 2018, the defendants owned and operated various restaurants and entertainment establishments in Philadelphia, including a restaurant and hookah lounge at 239-241 Chestnut Street. As detailed in the Indictment, the Dawara brothers were struggling in their Chestnut Street business and had a years-long history of fighting with their landlord. By October 2017, the Dawara brothers had ceased all business operations at the Chestnut Street location and attempted to sell the business, but as they had failed to renew their lease or pay rent, no one would buy it.
On January 31, 2018, their landlord directed the defendants to vacate the premises by February 2, 2018 and advised them that they owed over $64,000 in overdue payments. Nonetheless, the Dawaras failed to vacate the premises, and on February 2, 2018, RCL Management purchased a $750,000 insurance policy providing coverage in the event of an accidental fire at 239-41 Chestnut Street.
On February 18, 2018, a fire was intentionally started with gasoline in the basement of 239 Chestnut Street, which destroyed the entire building, displaced approximately 160 people, closed the 200 block of Chestnut Street for months, and closed numerous businesses. With today’s guilty plea, both Dawara brothers admitted to planning and causing this fire.
“Just over three years ago, the fire on Chestnut Street permanently altered many people’s lives, some losing their homes and livelihoods,” said U.S. Attorney Williams. “If not for the heroism of the Philadelphia Fire Department, the devastation from that night would have been unthinkable and much more extensive. Even though many victims of this fire can never be made completely whole, I hope that today’s admission of guilt by the defendants gives these individuals and the City of Philadelphia at large some sense of relief and justice.”
“Arson for profit or any other reason is a serious crime of violence that will not be tolerated,” said Matthew Varisco, Special Agent in charge of ATF’s Philadelphia Field Division. “ATF’s partnership with the Philadelphia Fire Marshal’s Office and the Philadelphia Police Department, whose work was instrumental in the success of this investigation, will continue to ensure the safety of our communities. I would like to thank the United States Attorney’s Office for their diligent work in prosecuting this case.”
“Schemes designed to evade income tax, such as those perpetrated by the Dawara brothers, are unfair to every taxpayer who obeys the law and pays his or her fair share,” said IRS Criminal Investigation Special Agent in Charge Thomas Fattorusso. “The Dawara brothers set out to cheat and steal from the American public and the government. Their admission of guilt today is a victory for all Americans who play by the rules.”
The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) Philadelphia, the Philadelphia Fire Marshal, the Philadelphia Police Department, the Internal Revenue Service – Criminal Investigation, the U.S. Department of Health & Human Services - Office of the Inspector General, with assistance from the Philadelphia Parking Authority Taxi and Limousine Division, and is being prosecuted by Assistant United States Attorneys Jeanine Linehan and Katherine E. Driscoll.
PHILADELPHIA –United States Attorney Jennifer Arbittier Williams announced that Tammy Simpson, 49, of Pocono Lake, PA, was charged by Indictment with wire fraud and filing false tax returns. These charges stem from the defendant’s employment with Metal Traders, Inc., d/b/a Triad Metals International (“Triad”), where she worked as the Assistant Controller for fourteen years.
The Indictment alleges that between 2012 and when she was terminated in October 2019, Simpson used her position at Triad to steal company money and use it to pay personal expenses charged to her credit cards and to make payments on personal loans. She allegedly did so by paying her personal credit card bills and loan payments with electronic transfers from the company’s business checking account. The defendant is also alleged to have kept credit cards from employees who had left the company and used them to charge personal expenses including airfare and other entertainment expenses for her family and friends, and to pay her personal tax liabilities and those of other individuals for whom she prepared tax returns. None of these payments or transfers were for legitimate business expenses of her employer. The Indictment further alleges that Simpson failed to report the money stolen from the company as income on her tax returns for tax years 2015 through 2018.
The Indictment seeks forfeiture of $3,199,192.68, which represents the total amount of money Simpson allegedly embezzled from her now former employer.
“This defendant allegedly swindled almost more than three million dollars from her former employer over the better part of a decade,” said U.S. Attorney Williams. “Instead of doing the right thing and performing her job honestly as the assistant controller for this company, she took advantage of her position and chose the greedy path. Our Office will continue to work with our law enforcement partners to protect innocent individuals and businesses from being victimized by financial fraud.”
“Tammy Simpson’s company entrusted her with key accounting duties,” said Jacqueline Maguire, Special Agent in Charge of the FBI’s Philadelphia Division. “Little did they know their longtime employee would take full advantage of that trust, allegedly diverting and using millions of dollars of the business’s money as her own. The FBI will diligently investigate and hold accountable anyone engaged in such egregious financial fraud.”
“No matter how it’s earned, all income must be reported,” said IRS Criminal Investigation Special Agent in Charge Yury Kruty. “Simpson stands accused of treating Triad’s bank account as her personal bank account, supporting her lifestyle and that of her friends and family. This indictment should reassure those who play by the rules that IRS Criminal Investigation and its law enforcement partners will investigate anyone suspected of similar conduct.”
If convicted, Simpson faces a maximum possible sentence of 172 years in prison, three years of supervised release, a $2,400,000 fine and a $1200 special assessment.
The case was investigated by the Federal Bureau of Investigations and the Criminal Investigation Office of the Internal Revenue Service. It is being prosecuted by Assistant United States Attorney MaryTeresa Soltis
An indictment, information, or criminal complaint is an accusation. A defendant is presumed innocent unless and until proven guilty.
PHILADELPHIA – Acting United States Attorney Jennifer Arbittier Williams announced that Richard Meleski, 58, of Chalfont, PA, was sentenced to three years and four months in prison, three years of supervised release, and ordered to pay $302,121 in restitution for a particularly disgraceful fraud scheme to steal Veterans Administration (VA) benefits by pretending to be a veteran who had been captured by the enemy during combat.
In July 2020, the defendant pleaded guilty to one count of healthcare fraud, two counts of mail fraud, one count of stolen valor, two counts of fraudulent military papers, as well as two counts of aiding and abetting straw purchases, and one count of making false statements in connection with receiving Social Security Administration disability benefits.
The charges stemmed from Meleski fraudulently claiming to have served as an elite Navy SEAL and falsely representing that he had been a Prisoner of War in order to secure healthcare benefits from the VA worth over $300,000. Due to his false representation as a Prisoner of War, the defendant received healthcare from the VA in Priority Group 3, effectively receiving healthcare before other deserving military service members. In reality, Meleski never served one day in the United States military.
The defendant also filed for monetary compensation from the VA for PTSD suffered during an armed conflict in Beirut in which he rescued injured teammates. In his application for disability benefits for PTSD, Meleski falsely represented that he had been awarded the Silver Star for his heroic actions during his time as a Navy SEAL. Again, Meleski never served a single day in the United States military and was never awarded such commendation. Meleski also submitted another application to the VA for monetary compensation in which he included obituaries of actual Navy SEALs alongside whom he falsely said he had served. He traded on the actions of these true service members in an attempt to bolster his application for monetary benefits.
The defendant also filed for disability benefits from The United States Social Security Administration (SSA) for injuries he claimed to have received during his time in the military. Meleski falsely testified under oath in connection with an SSA Disability proceeding.
“The defendant faked a record as a decorated U.S. Navy SEAL in order to collect numerous forms of taxpayer-funded compensation,” said Acting U.S. Attorney Williams. “The fact that Meleski chose to put himself ahead of true war heroes in order to take advantage of benefits designed specifically for those serving in the U.S. military is profoundly offensive. Our veterans fought for the freedoms we hold dear, and as we approach the twentieth anniversary of the attacks of 9/11 this Saturday, their sacrifices are even more meaningful. The defendant’s actions dishonor all of their legacies.”
“We are grateful to our federal partners for their work in pursuing and prosecuting those who impersonate our nation’s hero’s and unlawfully obtain benefits meant for those who served,” said RADM Karen Flaherty-Oxler (RET), Medical Center Director for the Corporal Michael J. Crescenz (Philadelphia) VA Medical Center. “It is disheartening to see someone who benefited from the service of our Veterans, dishonor them in this manner. Nonetheless, our day-to-day mission of caring for our Veterans continues uninterrupted and with the same vigor and commitment.”
“Today’s sentence sends a clear message that those who benefit from falsely claiming to have served in the United States military will be held accountable,” said Special Agent in Charge Christopher Algieri, Department of Veterans Affairs Office of Inspector General, Northeast Field Office. “The VA OIG appreciates the support of the United States Attorney’s Office and our law enforcement partners in securing justice for our nation’s true heroes.”
“This defendant defrauded the government in many different ways for several years,” said Matthew Varisco, Special Agent in charge of ATF’s Philadelphia Field Division. “The outcome of this investigation is the result of several law enforcement agencies working together for a common goal – to keep our communities safe from criminals like Meleski. I want to thank our law enforcement partners at the VA OIG, SSA OIG and the U.S Attorney’s Office for this successful prosecution.”
The case was investigated by Department of Veterans Affairs Office of the Inspector General, Social Security Administration Office of the Inspector General, and the Bureau of Alcohol, Tobacco and Firearms, and it is being prosecuted by Special Assistant United States Attorney Megan Curran.
PHILADELPHIA – William M. McSwain, U.S. Attorney for the Eastern District of Pennsylvania, and Brian A. Benczkowski, the Assistant Attorney General of the Criminal Division of the United States Department of Justice, announced that Kenneth Smukler, 58, a long-time Philadelphia-area political consultant and attorney, was sentenced today by the Honorable Jan E. DuBois to 18 months in prison, one year supervised release and a $75,000 fine for his role in two separate criminal schemes to violate federal campaign finance laws.
The first scheme involved the 2012 Democratic primary election for Pennsylvania’s First Congressional District. Jimmie Moore, a former Philadelphia Municipal Court Judge, ran against the incumbent, Congressman Bob Brady. Moore struck a corrupt deal by which he agreed to withdraw from the race in exchange for funds from the Bob Brady for Congress campaign (the “Brady campaign”) to be used to pay off Moore’s campaign debts. Those debts included money that Jimmie Moore for Congress (the “Moore campaign”) owed to several vendors, to Moore himself, and to Moore’s campaign manager, Carolyn Cavaness.
On February 29, 2012, Moore withdrew from the race. Moore and Cavaness had prepared a list of debts owed by the Moore campaign which was subsequently provided to Smukler, a campaign consultant for the Brady campaign. Smukler arranged for the Moore campaign to receive $90,000 from the Brady campaign through false documents and a series of illegal pass-throughs, including the consulting firm of another Brady associate and co-conspirator, D.A. Jones. None of the payments, which exceeded the applicable contribution limits, was reported to the Federal Election Commission (“FEC”). Per the arrangement, the three installments were illegally disguised as payments for a poll and consulting services.
The second scheme involved the 2014 Democratic primary election for Pennsylvania’s Thirteenth Congressional District. Marjorie Margolies, a former member of the U.S. House of Representatives, was running in the primary and Smukler, a veteran of prior Margolies political campaigns, was running the Margolies campaign. By early April 2014, the primary race was close, and the Margolies campaign was running out of money that the campaign could legally spend in the primary. Smukler caused the Margolies campaign to illegally spend general election funds in his attempt to win the primary election for his candidate, then lied about it to the campaign’s lawyer. That lawyer, in turn, unwittingly reported the lies to the FEC in response to a complaint filed by one of Margolies’ opponents. Additionally, Smukler caused excessive campaign contributions and illegal conduit contributions, all of which were hidden in FEC filings.
On December 3, 2018, a jury found Smukler guilty of one count of conspiracy to defraud the United States; two counts of causing unlawful campaign contributions; one count of causing false campaign expenditure reports; two counts of causing false statements; two counts of making contributions in the name of another; and one count of obstruction.
“In order to win at all costs, Smukler knowingly and purposefully undermined our democratic process by misusing campaign funds and lying about it,” said U.S. Attorney McSwain. “My Office will continue to prosecute public corruption wherever and whenever we uncover it. Now Smukler is headed to jail, and I am grateful that the Court imposed a just sentence reinforcing the fact that this kind of corruption will never be tolerated.”
“Campaign finance laws exist to ensure transparency and fairness in the electoral process,” said Michael T. Harpster, Special Agent in Charge of the FBI's Philadelphia Division. “When corruption weakens the public's trust in that process, our democracy itself is dealt a blow. Kenneth Smukler played fast and loose with the system to try to give his candidates a leg up. He broke the law repeatedly and now is being held accountable.”
The case was investigated by the Federal Bureau of Investigation, and the case is being prosecuted by Assistant United States Attorney Eric Gibson and Trial Attorneys Richard Pilger and Rebecca Moses of the Criminal Division’s Public Integrity Section. It was previously investigated by former Public Integrity Section Trial Attorney Jonathan I. Kravis.
PHILADELPHIA – United States Attorney Jacqueline C. Romero announced that Giuseppina “Josephine” Leone, 61, of North Wales, PA, was charged by indictment with three counts of wire fraud for making false representations in documents relating to the Paycheck Protection Program (“PPP”) and Restaurant Revitalization Fund (“RRF”) program, which provided emergency financial assistance to business owners suffering the economic effects of the COVID-19 pandemic.
The indictment alleges that Leone and her husband were owners of Ristorante San Marco (“RSM”), an Italian restaurant located in Ambler, PA. Leone and her husband executed an Agreement for Sale of Real Property dated October 20, 2019, listing themselves as the “Sellers” of the RSM property and a third party as the “Buyer” for a purchase price of $1,575,000. Subsequently, on or about March 18, 2020, Leone posted on the restaurant’s Facebook page informing the public that RSM would be temporarily closed due to the COVID-19 pandemic. RSM remained closed and never reopened.
The indictment further alleges that despite the restaurant not being in operation in April 2020, Leone submitted a fraudulent application for a PPP loan in the amount of $138,000. This application misrepresented that RSM, which had been closed for approximately a month, had 17 employees, and would use the loan for payroll and other operating expenses. The fraudulent application was approved, and the loan funds were deposited into RSM’s bank account later that month. The loan was subsequently forgiven based on further misrepresentations by Leone.
In January 2021, while the restaurant was still not in operation, Leone submitted another fraudulent application for a PPP loan, this time seeking $120,000. The application made similar misrepresentations and was approved, resulting in the requested funds being deposited into RSM’s bank account in February 2021. Again, the PPP loan was forgiven due to misrepresentations by Leone.
Finally, Leone defrauded another COVID-19 relief program. While RSM was still not in operation in May 2021, Leone submitted a fraudulent application for a grant under the RRF program, requesting $699,196 for restaurant operations. This RRF application mispresented that RSM , which had not been operating since March 2020, was in operation and that the money would be used to pay employee wages. As a result of this deception, the request was approved, and the funds were deposited into RSM’s bank account later in May 2021. One month later, in June 2021, Leone closed on the sale of RSM. Nonetheless, over a year later, Leone misrepresented to the federal government that the RRF funds had been used for eligible purposes, even though RSM was never reopened by Leone.
If convicted, the defendant faces a maximum possible sentence of 20 years in prison for each count and a total fine of $750,000. The defendant will also be required to forfeit all proceeds received as a result of the alleged fraud, including, but not limited to, the sum of $957,196.
The case was investigated by the Small Business Administration Office of Inspector General, the Federal Bureau of Investigation, and Homeland Security Investigations, and is being prosecuted by Assistant United States Attorney Angella Middleton.
An indictment, information, or criminal complaint is an accusation. A defendant is presumed innocent unless and until proven guilty.
PHILADELPHIA – United States Attorney Jacqueline C. Romero announced that Bill Omar Carrasquillo, 36 years old, of Swedesboro, NJ, was sentenced to 66 months’ imprisonment, five years of supervised release, more than $30 million in forfeiture, and more than $15 million in restitution by United States District Court Judge Harvey Bartle III, for crimes arising from a wide-ranging copyright infringement scheme that involved piracy of cable TV, access device fraud, wire fraud, money laundering, and hundreds of thousands of dollars of copyright infringement.
As the Indictment set forth, from about March 2016 until at least November 2019, Carrasquillo along with his co-defendants operated a large-scale internet protocol television (IPTV) piracy scheme in which they fraudulently obtained cable television accounts and then resold copyrighted content to thousands of their own subscribers, who could then stream or playback content. The defendants also made fraudulent misrepresentations to banks and merchant processors in an effort to obtain merchant processing accounts. During the period of their scheme, the defendants earned more than $30 million. Carrasquillo, in particular, converted a large portion of his profits into homes and dozens of vehicles, including high-end sports cars. When agents attempted to seize those items pursuant to judicially-authorized warrants, Carrasquillo made false statements about and attempted to hide some of those vehicles, including a Freightliner recreational vehicle and a McLaren sports vehicle.
Carrasquillo was convicted of one count of conspiracy; one count of violating the Digital Millennium Copyright Act; 1 count of reproduction of a protected work; 3 counts of public performance of a protected work; 1 count of access device fraud; 1 count of wire fraud; 1 count of making false statements to a bank; 1 count of money laundering; 1 count of making false statements to law enforcement officers; and 1 count of tax evasion.
In addition to a sentence of 66 months’ imprisonment, the court ordered Carrasquillo to pay $10.7 million in restitution to the victim cable companies, more than $5 million in restitution to the IRS, and to forfeit over $30 million in illegal proceeds that he reaped from the scheme.
"Income gained from the infringement of copyrights is taken seriously, and the federal government will continue its commitment to protecting copyright holders, creators, and the millions of customers who enjoy the fruits of a strong intellectual property rights system," said U.S. Attorney Romero. "Carrasquillo and his co-defendants operated a large-scale cable piracy scheme. They fraudulently obtained cable television accounts and then resold copyrighted content to tens of thousands of subscribers across the country and abroad, earning over 30 million dollars in illicit revenue in about three years, none of which was reported on state or federal income tax return. Accordingly, today's sentencing of Omar Carrasquillo includes prison time and substantial forfeiture and restitution reflecting the severity of his actions."
“Making money off of someone else’s copyrighted work is theft, plain and simple,” said Jacqueline Maguire, Special Agent in Charge of the FBI’s Philadelphia Division. “Mr. Carrasquillo hijacked all of this content, sold it to his subscribers, and lived large off the illegal proceeds. Today’s sentence should send a message that willfully stealing another party’s intellectual property is a serious crime and the FBI is committed to holding violators accountable.”
“Whether obtained legally or illegally, all income must be reported,” said IRS Criminal Investigation Special Agent in Charge Yury Kruty. Carrasquillo took multiple steps to evade his tax liability, including attempting to hide the source of his ill-gotten gains by depositing them into bank accounts held in names other than his own. Thanks to the hard work of IRS-CI and its law enforcement partners, Carrasquillo has been held accountable for his criminal conduct.”
The case was investigated by the Federal Bureau of Investigation and the Internal Revenue Service-Criminal Investigation and is being prosecuted by Assistant United States Attorneys Matthew T. Newcomer and Sara A. Solow, and DOJ Computer Crime and Intellectual Property Section Trial Attorneys Adrienne Rose and Jason Gull. Special Assistant United States Attorney David Weisberg and Assistant United States Attorney Lauren Baer also assisted with the prosecution, forfeiture, and restitution.
Thank you very much, Deputy Commissioner Coulter, for that kind introduction. It is truly an honor to be here with all of you. And it is the honor of my lifetime to serve as your United States Attorney.
I’m going to talk to you today for a while, but before I get into the details of my speech, I have a message for you. It’s an important message, a serious message – it’s a message you need to hear. I’m going to keep it real simple. Are you listening? I want everyone in this room to look at me right now and hear this message.
I love what you do. I love what you stand for. When you put on your uniform, you are telling the world that you have dedicated your life to public service, dedicated your life to keeping our communities safe – and that you’re even willing to risk your own life to do it. I respect you, I admire you, and I thank you. Everybody in this room is a hero to me. That’s what I think, and now you know exactly where I stand.
I am blessed to be leading a U.S. Attorney’s Office that is filled with good, honorable, dedicated prosecutors who want nothing more than to serve the public and do justice. And they are very, very good at what they do. But no prosecutor has ever prosecuted any case without the help of an outstanding law enforcement partner, like our partners in the Philadelphia Police Department.
Throughout my life, I have always been interested in how others define their core values. After all, those who spend the time considering and publicly stating their values are more likely to follow through and live their lives based on those values. The Philadelphia Police Department memorializes its values in the Department motto on its official shield: “Honor, Service, Integrity.” You believe in these values so strongly that you literally wear them on your uniform sleeve every single day. The Department’s stated mission is to be the model of excellence in policing by partnering with the community to fight crime, enforcing laws while safeguarding the constitutional rights of all people, and providing quality service to all of Philadelphia’s residents and visitors. The Department also strives to recruit, train, and develop exceptional individuals within its ranks.
When I consider the Department’s values, they make me thankful, and they make me proud. I see many of my own core values mirrored in those of this Department. This should come as no surprise. After all, the missions of the U.S. Attorney’s Office and the Philadelphia Police Department are rooted in the same foundation: to serve and protect the community, and to do justice. Earlier this month, in my first few days as the U.S. Attorney, I met with all of my prosecutors to explain my core values to them. These values help us to pursue justice and serve our community in every situation, no matter the individual, location, or circumstance. My core values are these: accountability, bravery, integrity, respect, determination and excellence. These are values that are also embraced by Commissioner Ross and this Department.
And living by these values has allowed the U.S. Attorney’s Office and the Philadelphia Police Department to achieve great success in the pursuit of justice. For example, together, we continue to fight the war against the opioid epidemic. In late December, four Philadelphia men (Basil Bey, Reginald White, Tyrik Upchurch, and Amin Wadley) were convicted by a federal jury on all counts in connection with their participation in a large heroin and crack cocaine distribution ring. For over a year and a half, this group worked in shifts to sell these deadly narcotics nearly 24 hours a day, seven days a week to customers in South Philadelphia. Some of these drug deals were within 1,000 feet of a playground. Due to the dedicated efforts of this Department and other law enforcement, we were able to obtain a wiretap in the case, and law enforcement made approximately thirty-five controlled purchases of heroin and/or crack from this drug group, with all purchases being captured on video. It is this kind of extensive and dedicated police work that allowed a jury to return a verdict of guilty on all counts. Congratulations to the 1st, 3rd and 17th Police Districts – over a dozen Task Force Officers and police officers testified at trial and assisted in the investigation.
We also know that drug-trafficking is not just happening in the streets, but also in doctor’s offices across our jurisdiction. Just this month, in another joint effort with your Department, Dr. Azad Khan was sentenced to two years in prison for conspiracy to distribute controlled substances and two counts of distribution of controlled substances. Khan and his doctor co-defendants held themselves out as professional addiction treatment specialists, but instead preyed on the very people they should have been helping. They abandoned their ethics to engage in the prescription-for-pay criminal world, recklessly selling preprinted prescriptions for cash and choosing greed over their duty to heal. Dr. Khan would not have been indicted and convicted at trial without the determination and dedication of this Department. Congratulations to the Department’s Intensive Drug Investigation Squad for its undercover work during this investigation.
And we do not only pursue resolutions in the courtroom, but outside of the courtroom as well. In February, the U.S. Attorney’s Office announced that it had joined with the Philadelphia Police Department and other federal, state, and local law enforcement partners to form an Opioid Law Enforcement Task Force. The Task Force will be responsible for developing, implementing, and coordinating a robust prosecution response to this national health emergency, and the Task Force could not be successful without your partnership.
Our work together does not only involve the drug epidemic. For example, in January, a federal grand jury returned a five-count indictment, charging defendant Kenneth Lewis with wire fraud. The indictment alleges that the defendant committed wire fraud by applying for credit cards using information of several non-profit organizations and an individual, and used the cards to purchase gold coins, precious metals, and diamond earrings. In this case, your Department partnered with the U.S. Postal Service in its investigation. Kudos to detectives in the Northeast Division for helping to put this case together.
And just last month, a grand jury returned a federal indictment charging Shyniquah Lightner and Malik Hudson with sex trafficking of a minor. According to the Indictment, the defendants used force, threats of force, fraud, and coercion to make multiple women engage in commercial sex acts, with two of those females being under 18 years of age. If convicted, each defendant faces a mandatory minimum of 15 years of incarceration, up to a lifetime sentence. It was this Department’s hard work and collaboration with the U.S. Attorney’s Office and other partners on the Philadelphia Anti-Human Trafficking Task Force that made this investigation successful and furthered our collective goal to keep our children safe from exploitation. Congratulations to your Special Victims Unit – Anti Human Trafficking Task Force for its work on that case.
I could go on and on about our successful pursuits together. It is by living this Department’s values – Honor, Service, Integrity – that allows everyone in this room and on this force to pursue challenging investigations, succeed in stopping crimes, and hold the responsible parties accountable. And you have had many successes, and I know that you will continue to do so. But that does not mean that this will always be an easy road.
Indeed, it is harder today than perhaps in any time in American history to be serving in law enforcement. It has become somewhat fashionable in certain segments of the population to come out against the police and law enforcement. To his great credit, Commissioner Ross has not shied away from having an open dialogue about this criticism. Commissioner Ross has embraced this challenge, to make sure that every individual in every community knows that this Department is here for them, to serve and protect them. He has stressed building partnerships across this city, and under his leadership, this Department has made great strides.
But even with such strides, we all know that each and every one of you lives your life under a microscope. And not only are the police under scrutiny like never before, the tools of that heightened scrutiny are ever-present. Everything that you do and everything that you say can be posted on Facebook, tweeted, and made into a national news story in a matter of seconds. For those of you with family members who have previously served in law enforcement, this is one of those times where you can tell them at the Thanksgiving table that you do, in fact, have it much harder than they ever did.
You need to be aware of this constant drumbeat of attention. But I encourage you not to shy away from it. I want you to embrace it. Because when the media and the citizens of our community actually get the opportunity to look more closely, they get to see hard-working police officers who are keeping our communities safe every single day. Some agenda-driven individuals may want to highlight a more critical viewpoint for their own purposes. But I prefer to deal with the truth that can be found in statistics and facts, rather than in anti-factual ideology.
The fact is that officer-involved shootings have decreased significantly over the past few years. In 2012, there were 59 officer-involved shootings in Philadelphia. In 2017, there were 14, which is a 76% decrease from 2012 and over a 41% decrease from only the year before. I know that this is not by happenstance or good fortune, but by Commissioner Ross’s and the Department’s focus on improved training, internal accountability, and an ever-present commitment to public safety. These are not the only numbers that are down. Compared to this time last year, homicide is down by approximately 15%. This is due to many factors, including your ability to build better and lasting relationships between different Philadelphia communities and law enforcement. This Department has made foot patrols a staple of its strategy. Every new police officer walks a foot beat, and this makes a real difference in this city. It helps the community see you, and it shows our citizens that you are responsive and available for developing meaningful relationships and for having conversations with them, not just in an emergency, but in everyday life.
This Department has seen many successes under Commissioner Ross’s leadership. Not only do the statistics prove that, but so does the fact that I easily found those statistics (and many more) on the Internet, right on the website of the Philadelphia Police Department. And the free-flowing information does not end there. This Department now uses social media to connect with the world, providing testimonials by and for current and future police officers, while also trying to entice the public to learn more in order to have a greater understanding of who you are and what you do. Under the Commissioner’s leadership, this Department has embraced transparency more than ever before. There are real benefits of such openness with the community. First, this kind of transparency is one of many tools that can be used in crime prevention, and it may help spark community ideas as to how to solve some of our problems. Second, the community deserves to have access to information detailing where crime is occurring. Finally, when the community sees this hard data, our residents understand the determination and successes that you have on a daily basis, and can rest assured that their trust and faith in you is deserved.
Two and a half years ago, when Mayor Kenney first announced that Commissioner Ross would lead the Department, the Commissioner answered questions from the press. I was struck at the time, and I still am, that he stated that he wanted everyone at the table and wanted to hear everyone’s input. Commissioner Ross encouraged everyone to roll up his or her sleeves and get in there. In committing both himself and this Department to improving the quality of life in Philadelphia, Commissioner Ross hoped that everyone would “take something and make it a little better than the way you found it.”
There will always be opportunities to make things better. This Department, the U.S. Attorney’s Office, and the City of Philadelphia will continue to face challenges. Philadelphia has a population of over 1.5 million people, making it the sixth most populous city in the country. This Department is the nation’s fourth largest police department, with over 6,300 sworn members and 800 civilian personnel. And while this entire Department works tirelessly to keep crime down, none of us will ever be able to eradicate crime entirely. While homicides are down in 2018, there were more homicides in the city in 2017 than there had been in any year since 2012.
One of Philadelphia’s greatest challenges right now continues to be the struggle against gun violence. I know that this Department is battling against the gun violence epidemic every single day, in part by sending officers to the most violent parts of the city at the most violent times of day. It is your determination, your hard work, and your bravery that will continue to chip away at the violence that threatens this city.
Philadelphia needs you now more than ever. We know what happens if the officers in a police department become demoralized and let it affect their work. All we have to do is look to our neighbor to the south, the City of Baltimore, which is now described as the most dangerous city in America, with an alarmingly high rate of violence and the highest per capita murder rate in the country. We’ve come too far in Philadelphia to go backwards now. We can’t become the next Baltimore. The law-abiding citizens of this City deserve better – they deserve safe neighborhoods where they can work and play without fear. They deserve your best efforts. They are counting on you, and so am I.
I know there are many leaders within the Department here today, and I want to salute your continued stewardship of this force over all of these years. You have led this Department proudly to where it stands today. And just as importantly, we have the most recent recruits in the Police Academy. To the newest members of the Department, I want to congratulate you on your success in getting here and on your willingness to devote yourselves to public service.
If you only remember one thing that I say today, I want you to remember this: thank you. Thank you for your partnership with the U.S. Attorney’s Office in pursuing justice. Thank you for your leadership in the community and for keeping all of us safe. Thank you for the sacrifices that you and your loved ones make on a daily basis. While I have never had the honor of serving as a police officer, I did serve as a Marine prior to my legal career. I know that the hours are long, that the danger is real, and that the salary will never match what you deserve and what you could earn in the private sector. But we do not serve for the pay or the glory. We serve because there is no greater purpose in this life than to serve others.
So on your longest, hardest, most challenging days, do not give up. Remember that the U.S. Attorney’s Office stands beside you; we could not do our work without you. We see your service and we know your sacrifice. Remain determined in your pursuit of Honor, Service, and Integrity. In the words of the Apostle Paul in the New Testament: “Let us not become weary in doing good, for at the proper time we will reap a harvest if we do not give up.”
PHILADELPHIA – United States Attorney William M. McSwain announced that Milton Mateo Garcia-Vasquez, 32, of Philadelphia, PA and a citizen of Honduras, was sentenced to the statutory maximum of 24 months’ imprisonment by United States District Court Judge Paul S. Diamond for unlawfully re-entering the United States after being deported.
Garcia-Vasquez pleaded guilty to illegal re-entry after deportation in August 2019. The defendant was previously deported and removed from the United States on June 18, 2013, and never requested or received authorization to re-enter the country. Nonetheless, he broke the law by re-entering the country and then proceeded to brutally rape a young woman near Rittenhouse Square in Philadelphia. The defendant grabbed the young woman from behind while she was walking back to her apartment, pushed her into the apartment and sexually assaulted her. He then left, but soon returned to the apartment and sexually assaulted the victim a second time. Garcia-Vasquez was arrested on June 23, 2014 by Philadelphia Police and charged with burglary, kidnapping and rape. He pleaded guilty to those charges in 2015 and was sentenced to a total of 22-44 years in state prison.
“Responsible public policy involves protecting public safety by setting up incentives for people to follow the law. Sanctuary city polices do just the opposite by incentivizing illegal aliens to come to sanctuary jurisdictions, like Philadelphia, where they are led to believe that our nation’s immigration laws will not apply to them,” said U.S. Attorney McSwain. “A natural consequence of this policymaking is that illegal aliens are drawn to Philadelphia, where some of them commit heinous crimes that never would have occurred if they weren’t here in the first place. This is a terrible tragedy for the innocent victims of such crimes. But it is also a tragedy for our justice system because it normalizes the unfair and un-American idea that the rule of law should not apply to a certain segment of society -- namely, illegal aliens. Anyone who cares about the rule of law or equal treatment under the law should find sanctuary city policies utterly repugnant. We at the U.S. Attorney’s Office will continue to enforce the rule of law in a neutral, non-partisan manner, rather than playing favorites.”
The case was investigated by the Department of Homeland Security – Immigration and Customs Enforcement, and is being prosecuted by Assistant United States Attorney Mary E. Crawley.
PHILADELPHIA – United States Attorney Jacqueline C. Romero announced that Stanislav Bril, aka “Stan Bril” and “Slava Bril,” age 41, of Jamison, Pennsylvania, was sentenced today by United States District Judge John M. Younge to 135 months in prison, three years of supervised release, over $14 million in restitution, and a $2,400 special assessment in connection with multiple fraud schemes, including the theft of more than $6 million in federal pandemic relief funds. Judge Younge also ordered that Bril be remanded into custody following the hearing.
On October 30, 2023, Bril pleaded guilty to three counts of mail fraud, 11 counts of wire fraud, five counts of bank fraud, and five counts of money laundering, all arising from his operation of two different Ponzi schemes, his false applications for bank loans, his defrauding of the Small Business Administration’s Paycheck Protection Program (“PPP”) and Economic Injury Disaster Loan (“EIDL”) program, and related conduct.
From October 2011 to August 2014, Bril operated a Ponzi scheme through his company, Mortgage Consultant Group (“MCG”), obtaining over $1 million from investors and using much of these funds for his own benefit and to perpetuate the scheme. In his marketing materials and his sales pitches to investors, Bril falsely claimed that these investments would enable MCG to make loans on real estate and construction projects or enable MCG to make short-term, high interest loans. Bril falsely promised that investors would obtain regular returns, or “interest,” on their capital loan investments in MCG. Rather than use investors’ funds as promised, Bril used the vast majority of the money to pay himself, his family, and his personal expenses – including his gambling losses at casinos – and to perpetuate his scheme by occasionally making “interest” payments to some investors.
From October 2018 to June 2021, Bril fraudulently obtained a $750,000 line of credit from a bank headquartered in Scranton, Pa., for another company he created, The Bril Group, Inc. (“TBG”). In order to secure the line of credit, Bril made false statements about TBG’s business, the number of TBG employees he was hiring, and the intended use of the line of credit. Once he obtained the line of credit, Bril caused those funds to be spent on unauthorized purchases and laundered a significant portion of those funds through various bank accounts.
From April 2020 to March 2021, Bril fraudulently obtained over $6.7 million from the Small Business Administration’s Economic Injury Disaster Loan (“EIDL”) and Paycheck Protection Programs (“PPP”) by making false statements about the number of employees of, the wages and payroll taxes paid by, and the intended use of the loan proceeds by several companies that he created. Bril falsely claimed that these companies – TBG, MCG LOAN, and SAB Services LLC – had several hundred employees, when, in reality, none of these companies had more than one employee.
In his PPP and EIDL applications, Bril submitted purportedly historical tax forms with inflated payroll information for nonexistent employees that had never actually been filed. In addition, Bril falsely denied that there were criminal charges pending against him at the time of his applications. In fact, federal charges were already pending against Bril for his perpetration of the Ponzi scheme detailed above. Once he fraudulently obtained these government funds, Bril wired them to other individuals, cryptocurrency platforms, and a title company towards the purchase of a Los Angeles condominium. In addition, Bril spent fraud proceeds on luxury vehicles, a boat, and extravagant vacations. He also laundered a significant portion of those funds through various bank accounts and transactions.
From July 2019 to at least August 2021, Bril revived MCG and used it to perpetrate yet another Ponzi scheme, obtaining millions of dollars in loans from several investors and using these funds for his own benefit – including paying for his own home renovations – and to perpetuate the scheme. Bril initially took short-term loans from investors and repaid investors with high interest rates to lull them into a false sense of security and to obtain larger loans from them. In his sales pitches to investors, Bril falsely claimed that their loans would enable MCG to make loans on real estate and construction projects and/or enable MCG to make short-term, high-interest loans. However, Bril provided investors with few details of these purported projects and declined to identify his purported borrowers. He often encouraged investors to “roll over” their loans into new deals, rather than take their payouts per their agreements with Bril.
When investors asked him whether he had any claims, lawsuits, or legal proceedings filed against him, Bril falsely answered in the negative, despite his knowledge that federal charges were already pending against him for his perpetration of the earlier Ponzi scheme. When Bril began missing the agreed repayments to investors, he provided bogus explanations for his theft of their loans, including that he was waiting for a wire to clear, that he waiting for a check to be mailed from his bank, that he was looking for a new bank, that his new bank was giving him a “hard time,” and that he was suffering from a variety of health emergencies and personal tragedies that were somehow preventing him from making timely paying to the investors. Rather than use investors’ funds as promised, Bril used the funds to pay himself, his family, and his personal expenses – including trading in digital currencies – and to perpetuate his schemes by occasionally making “interest” payments to some investors.
“Stanislav Bril is a rampant and remorseless scammer,” said U.S. Attorney Romero. “Over the course of a decade, he blithely defrauded everyone from individual investors — many of whom lost their life savings or kids’ college funds — to a community bank, to the U.S. government and the millions of taxpayers who fund it. Meantime, he was shopping for Bentleys and boats. We and our partners are committed to holding con artists like Bril accountable, both to keep them from claiming more victims and to reinforce that crime truly doesn’t pay in the end.”
“While conducting his various schemes, the defendant stole over $6 million. The money was intended to support legitimate businesses suffering losses due to the COVID-19 pandemic,” said Wayne A. Jacobs, Special Agent in Charge of the FBI Philadelphia. “The FBI, in collaboration with our law enforcement partners, will continue to hold accountable those who exploit government programs for personal gain.”
The case was investigated by the FBI and IRS - Criminal Investigation and is being prosecuted by Assistant United States Attorneys Vineet Gauri and Matthew T. Newcomer.
PHILADELPHIA – U.S. Attorney William M. McSwain announced that the former president of a mental health clinic was sentenced today to 82 months in federal prison for perpetrating a multiyear fraud scheme through which the defendant stole over two million dollars that was supposed to be spent to help some of the most at-risk individuals in her community.
Over a year ago, on June 23rd, 2017, a jury found Renee Tartaglione, 62, of Philadelphia, PA, guilty on 53 counts of conspiracy, fraud, theft, and tax crimes. In addition to today’s sentence, U.S. District Court Judge Joel H. Slomsky previously ordered Tartaglione to forfeit $2.4 million in proceeds from her scheme and today ordered her to pay $2,076,024 in restitution to the Pennsylvania Attorney General’s Office, which will hold that money in trust until a successor charitable organization can be identified.
“The defendant funneled millions of dollars, meant to help economically disadvantaged people with mental health issues, into her own pockets for her own pleasure,” said U.S. Attorney McSwain. “Nonprofit organizations – especially those that provide important services to the disadvantaged – exist for the people they serve and not for the personal enrichment of their leaders. Tartaglione can contemplate that fact while she sits in prison, where she belongs.”
According to the evidence presented at trial, between 2007 and 2015, Tartaglione, as President of the Board of Directors of the Juniata Community Mental Health Clinic (“JCMHC”), defrauded and stole money from JCMHC through a series of actions designed to benefit her personally at the expense of the clinic. For example, Tartaglione purchased the building on 3rd Street in Philadelphia that housed the clinic and then proceeded to raise the rent repeatedly, causing the clinic’s rent for the 3rd Street building to increase from $4,500 per month to $25,000 per month.
Additionally, as of 2010, Tartaglione’s company, Norris Hancock LLC, acquired an interest in a building on 5th Street in Philadelphia, and Tartaglione caused the clinic to spend money to fix up that building. In December 2012, Tartaglione leased that building to JCMHC under a lease that called for rent of $35,000 per month for the first two years, and $75,000 per month for the next three years. The rent Tartaglione charged the nonprofit clinic at both buildings was wildly in excess of the market rent.
None of the JCMHC rent increases or the lease agreements were approved by JCMHC’s Board of Directors. Tartaglione and her co-conspirators created false and fictitious documents in an attempt to make the transactions appear legitimate.
In previously ordering the forfeiture of proceeds in April 2018, Judge Slomsky ordered the forfeiture to be paid from the proceeds of the sale of Tartaglione’s properties on 3rd Street and 5th Street in Philadelphia, as well as other properties, including two homes at the New Jersey shore.
"Honest and law abiding citizens are fed up with the likes of those who use deceit and fraud to line their pockets with other people’s money as well as skirt their tax obligations," said Guy Ficco, Special Agent in Charge, IRS-Criminal Investigation. “It is time for Renee Tartaglione to face the consequences of her actions, which includes going to prison and being branded a convicted felon for the rest of her life.”
“I am pleased to partner with U.S. Attorney Bill McSwain to investigate, prosecute and root out public corruption wherever we find it,” said Pennsylvania Attorney General Josh Shapiro. “In this case, one of our legal experts provided testimony and will assist in the restitution process. This type of collaboration is key to protecting our democracy and ensuring honest government. I commend U.S. Attorney McSwain for his fine leadership.”
This case was investigated by the FBI, IRS Criminal Investigation, and the Philadelphia Office of the Inspector General, with additional assistance from the Pennsylvania Attorney General’s Office. The case was prosecuted by Assistant U.S. Attorney Bea L. Witzleben and Department of Justice Trial Attorney Peter Halpern.
PHILADELPHIA – United States Attorney William M. McSwain announced that Robert McCabe, 76, of Bangor, PA, was charged by Information with multiple counts of securities fraud, mail fraud, and wire fraud in connection with an extensive fraudulent investment scheme.
According to court documents filed today, between September 2010 and July 2020, the defendant stole more than $1,000,000 from more than 50 family members and friends, including former fraternity brothers, by claiming that his company, McCabe Properties, Inc., owned close to two million shares of something he called “founders shares” of a well-known pharmaceutical company. He offered those “shares” to his victims by selling them a corresponding number of shares of McCabe Properties, Inc.
As alleged, McCabe sold this investment to his victims at a price of between $2.60 and $2.70 per share, which would have represented a significant discount over the actual share price for shares of the pharmaceutical company. In reality, however, McCabe Properties, Inc. had no assets whatsoever. The defendant spent the more than $1 million he took in from his victims, leaving them with nothing but worthless shares of McCabe Properties, Inc.
McCabe was able to deceive his victims over the span of the scheme by allegedly: (a) preparing and shipping to them shares of McCabe Properties, Inc. that purported to correspond to the number of shares of the pharmaceutical company; (b) falsely informing victim investors that their “founders shares” could only be sold once the pharmaceutical company was acquired by another company; (c) forwarding press releases, financial analysis reports, and news stories on the status of the pharmaceutical company to the victim investors; (d) falsely representing to clients that the nonexistent “founders shares” owned by McCabe Properties, Inc. had been purchased from a private venture capital firm that had ties to a known securities fraudster, making selling the “founders shares” problematic; and (e) communicating with clients by email and telephone and providing them with false reasons for an inability to sell the “founders shares.”
“As alleged, McCabe is a fraudster who promised something that he had no intention of delivering,” said U.S. Attorney McSwain. “Here, according to the Information, he exploited personal relationships with trusting members of his own family and circle of friends, repeatedly lying about the investment he sold to them. This type of financial fraud has devastating consequences for the victims and must be aggressively prosecuted and deterred at every turn.”
McCabe faces a maximum sentence of 420 years in prison, a three-year period of supervised release, a $10,000,000 fine, and a $2,100 special assessment.
The case was investigated by the Federal Bureau of Investigation and is being prosecuted by Assistant United States Attorney Michael S. Lowe.
An indictment, information, or criminal complaint is an accusation. A defendant is presumed innocent unless and until proven guilty.
Description: The fiscal year of the data file obtained from the AOUSC
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Description: The code of the federal judicial circuit where the case was located
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Format: YYYYMMDD
Description: The date upon which proceedings in a case commenced on charges pending in the district court where the defendant appeared, or the date of the defendant’s felony-waiver of indictment
Format: YYYYMMDD
Description: A code used to identify the nature of the proceeding
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Description: The date when a defendant first appeared before a judicial officer in the district court where a charge was pending
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Description: A code indicating the event by which a defendant appeared before a judicial officer in the district court where a charge was pending
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Description: A code indicating the type of legal counsel assigned to a defendant
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Description: A code indicating the severity associated with FTITLE1
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Description: The title and section of the U.S. Code applicable to the offense committed which carried the second highest severity
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Description: The four digit AO offense code associated with FTITLE2
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Description: The four digit D2 offense code associated with FTITLE2
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Description: A code indicating the severity associated with FTITLE2
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Description: The title and section of the U.S. Code applicable to the offense committed which carried the third highest severity
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Description: A code indicating the level of offense associated with FTITLE3
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Description: The four digit AO offense code associated with FTITLE3
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Description: The four digit D2 offense code associated with FTITLE3
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Description: A code indicating the severity associated with FTITLE3
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Description: The date of the last action taken on the record
Format: YYYYMMDD
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Format: YYYYMMDD
Description: The date upon which the final sentence is recorded on the docket
Format: YYYYMMDD
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Format: YYYYMMDD
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Description: The number of days from disposition date to sentencing date
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Description: The four digit AO offense code associated with TTITLE1
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Description: A code indicating the severity associated with TTITLE1
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Description: A code indicating whether the prison sentence associated with TTITLE1 was concurrent or consecutive in relation to the other counts in the indictment or information or multiple counts of the same charge
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Description: The number of months of probation imposed upon a defendant under TTITLE1
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Description: A period of supervised release imposed upon a defendant under TTITLE1
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Description: The title and section of the U.S. Code applicable to the offense under which the defendant was disposed that carried the second most severe disposition and penalty
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Description: The four digit AO offense code associated with TTITLE2
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Description: The four digit D2 offense code associated with TTITLE2
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Description: A code indicating the severity associated with TTITLE2
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Description: The code indicating the nature or type of disposition associated with TTITLE2
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Description: The title and section of the U.S. Code applicable to the offense under which the defendant was disposed that carried the third most severe
disposition and penalty
Format: A20
Description: A code indicating the level of offense associated with TTITLE3
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Description: The four digit AO offense code associated with TTITLE3
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Description: The four digit D2 offense code associated with TTITLE3
Format: A4
Description: A code indicating the severity associated with TTITLE3
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Description: The code indicating the nature or type of disposition associated with TTITLE3
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Description: The number of months a defendant was sentenced to prison under TTITLE3
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Description: A code indicating whether the prison sentence associated with TTITLE3 was concurrent or consecutive in relation to the other counts in the indictment or information or multiple counts of the same charge
Format: A4
Description: The number of months of probation imposed upon a defendant under TTITLE3
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Description: A period of supervised release imposed upon a defendant under TTITLE3
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Description: The total prison time for all offenses of which the defendant was convicted and prison time was imposed
Format: N4
Description: The total fine imposed at sentencing for all offenses of which the defendant was convicted and a fine was imposed
Format: N8
Description: A count of defendants filed including inter-district transfers
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Description: A count of defendants filed excluding inter-district transfers
Format: N1
Description: A count of original proceedings commenced
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Description: A count of defendants filed whose proceedings commenced by reopen, remand, appeal, or retrial
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Description: A count of defendants terminated excluding interdistrict transfers
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Description: A count of original proceedings terminated
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Description: A count of defendants pending as of the last day of the period excluding long term fugitives
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Description: The source from which the data were loaded into the AOUSC’s NewSTATS database
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Description: A sequential number indicating the iteration of the defendant record
Format: N2
Description: The date the record was loaded into the AOUSC’s NewSTATS database
Format: YYYYMMDD
Description: Statistical year ID label on data file obtained from the AOUSC which represents termination year
PHILADELPHIA – United States Attorney Jacqueline C. Romero announced that Tammy Simpson, 51, of Pocono Lake, PA, was sentenced today by United States District Court Judge Wendy Beetlestone to 41 months’ imprisonment for wire fraud and filing false tax returns, charges stemming from the defendant’s employment with Metal Traders, Inc., d/b/a Triad Metals International (“Triad”), where she worked as the Assistant Controller for fourteen years.
Simpson was also ordered to pay $3,199,192.68 in restitution and $708,643 to the Internal Revenue Service.
In June of 2022, Simpson was charged by indictment with eight counts of wire fraud and four counts of making and subscribing a false tax return. In June 2023, Simpson pleaded guilty to all charges against her.
Between 2012 and when she was terminated in October 2019, Simpson used her position at Triad to steal company money and use it to pay personal expenses charged to her credit cards and to make payments on personal loans. She did so by paying her personal credit card bills and loan payments with electronic transfers from the company’s business checking account. The defendant also kept credit cards from employees who had left the company and used them to charge personal expenses, including airfare and other entertainment expenses for her family and friends, and to pay her personal tax liabilities and those of other individuals for whom she prepared tax returns. None of these payments or transfers were for legitimate business expenses of her employer. Further, Simpson failed to report the money stolen from the company as income on her tax returns for tax years 2015 through 2018.
“Tammy Simpson was a valued employee, entrusted with significant financial responsibilities,” U.S. Attorney Romero said. “For years, she abused that trust and her access to the business’s accounts, stealing more than $3 million of Triad’s money so she could continue to live beyond her own means. This sentence holds her accountable for her crimes and sends a message loud and clear that this is not the way to go about boosting your bank account.”
“From paying personal credit cards to purchasing airfare and entertainment, Tammy Simpson stole company money to fund her lifestyle,” said Wayne A. Jacobs, Special Agent in Charge of FBI Philadelphia. “The FBI alongside our partners at the IRS and the U.S. Attorney’s Office will continue to pursue criminals who orchestrate their schemes out of greed.”
“Anyone contemplating cheating on their taxes should know that our largest enforcement program is directed at the portion of American taxpayers who willfully and intentionally violate their known legal duty of filing and paying their taxes,” said IRS Criminal Investigation Acting Special Agent in Charge Denise Leuenberger. “We are committed to working with our law enforcement partners and the Department of Justice to continue aggressively investigating individuals who engage in money laundering, tax fraud, or other types of white-collar crimes.”
The case was investigated by the Federal Bureau of Investigation and the Internal Revenue Service Criminal Investigation and prosecuted by Assistant United States Attorney MaryTeresa Soltis.
PHILADELPHIA – Acting United States Attorney Jennifer Arbittier Williams announced that the United States filed a civil lawsuit against Lancaster County-based McElroy Pharmacy, Inc. and Jeffrey Eshelman alleging a years-long practice of illegally dispensing opioids and other controlled substances, and billing Medicare for drugs that were not actually dispensed to beneficiaries. At the same time the civil suit was filed, the United States also filed a proposed consent judgment that, subject to the court’s approval, would resolve the lawsuit. The consent judgment would require McElroy Pharmacy and Eshelman to pay $2.9 million in civil penalties and damages under the Controlled Substances Act and False Claims Act, and would permanently prohibit them from dispensing controlled substances or obtaining another controlled substance registration in the future.
The civil lawsuit alleges that McElroy Pharmacy, which operated as a retail pharmacy in Lititz, PA, and its co-owner and pharmacist, Jeffrey Eshelman, on many occasions illegally dispensed hydrocodone and other controlled substances without requiring any prescription. As alleged in the complaint, McElroy and Eshelman did so with the knowledge that the individual to whom they dispensed hydrocodone, in one particular case, had a substance use disorder. Nonetheless, for years, they allegedly continued to dispense the opioids without any prescription. Eshelman was charged by state authorities and pled guilty to state charges in the Lancaster County Court of Common Pleas earlier this year relating to some of the conduct alleged in the federal complaint.
In addition to dispensing controlled substances without a prescription, the complaint alleges that McElroy Pharmacy and Jeffrey Eshelman submitted false billings to Medicare by billing for more expensive, brand-name medications, while dispensing the less expensive generic versions to patients. The complaint also alleges that McElroy was unable to account for tens of thousands of pills of controlled substances in an audit conducted by the Drug Enforcement Administration (DEA).
McElroy has already surrendered its pharmacy registration to the DEA. McElroy Pharmacy and Eshelman further agreed to resolve their civil liability under terms outlined in the proposed consent judgment, if accepted by the court. Among other things, McElroy and Eshelman would pay $2.9 million in civil penalties and damages under the Controlled Substances Act and False Claims Act. The proposed resolution would also permanently prevent Eshelman from distributing or dispensing any controlled substances in the future and prevent McElroy Pharmacy from ever applying for a new controlled substance registration from the DEA. Eshelman also agreed to be excluded from Medicare, Medicaid, and all other Federal healthcare programs for nine years.
“The opioid epidemic has devastated the lives of so many families and individuals across our country and this District. When healthcare providers such as pharmacists engage in illegal conduct that feeds the epidemic, our office will act,” said Acting U.S. Attorney Williams. “This civil suit and consent judgment make clear that pharmacists who engage in illegal dispensing of opioids and healthcare fraud will be held accountable.”
“Eshelman and McElroy Pharmacy are accused of gross violations of the Controlled Substances Act through their alleged distribution of powerful opioid painkillers without requiring any prescription at all,” said Jonathan A. Wilson, Special Agent in Charge of the Drug Enforcement Administration’s (DEA) Philadelphia Field Division. “In addition to the consent judgment, the permanent surrender of their DEA registration will ensure that Eshelman and McElroy Pharmacy can no longer handle or dispense controlled substances in the future.”
“Pharmacies are expected to submit claims to the Medicare program for the actual products they provide to patients,” said Maureen R. Dixon, Special Agent in Charge for the U.S. Department of Health and Human Services, Office of the Inspector General. “These civil actions demonstrate HHS-OIG and our law enforcement partners’ long-standing commitment to ensuring the integrity of the Medicare program by holding those who choose to engage in healthcare fraud and drug diversion accountable.”
The case was investigated by the Philadelphia Field Division of the Drug Enforcement Administration and the U.S. Department of Health and Human Services, Office of Inspector General. The civil investigation, litigation, and resolution are being handled by Assistant United States Attorney Anthony D. Scicchitano.
The complaint contains allegations only and does not contain any admissions, other than those made in the state criminal case. The proposed consent judgment would resolve any alleged civil liability.
PHILADELPHIA – U.S. Attorney William M. McSwain announced that Victor Gates, 72 of Philadelphia, PA, a retired 30-year veteran of the Philadelphia Police Department, was sentenced today to serve 40 months in prison, followed by two years’ supervised release, and to pay a $15,000 fine. Gates was also ordered to forfeit $653,319.10 in proceeds from his crimes. The sentence was imposed by the Honorable Wendy Beetlestone of the United States District Court for the Eastern District of Pennsylvania.
Gates was convicted at trial of one count of conspiracy to commit honest services fraud, fourteen counts of honest services mail fraud, and two counts of lying to federal investigators. The charges arose from Gates’s orchestration of a seven-year bribery scheme during which he paid a Philadelphia Police detective for special access to law enforcement databases in order to build up Gates’ lucrative towing business. The evidence at trial showed that Gates’s business made monthly bribe payments by check since at least May 2008. In total, Gates paid the detective $25,200 to abuse his access to law enforcement databases. The jury also found that during the investigation, Gates lied on two occasions to federal investigators about the corrupt arrangement.
“Through his corruption and criminality, Gates has disgraced himself, embarrassed his former colleagues, and corrupted a former police detective who viewed Gates as a mentor,” said U.S. Attorney McSwain. “The sentence imposed today should send a message that such corruption will be vigorously prosecuted and the offenders held to account, no matter who they are or what position they hold.”
“After 30 years on the force, Victor Gates knew well that bribing a police officer was an egregious crime,” said Michael T. Harpster, Special Agent in Charge of the FBI's Philadelphia Division. “Nonetheless, he stuck with his scheme, ensnaring a former colleague and ignoring all ethical boundaries in order to make a buck. What a shame. Know that the FBI will continue to tenaciously investigate such corruption, and bring those involved to justice.”
“While we are saddened that a former law enforcement officer has engaged in such egregious conduct, we certainly appreciate the efforts of our federal law enforcement partners in bringing Mr. Gates to justice,” said Philadelphia Police Commissioner Richard Ross. “The investigation, arrest, and successful prosecution of Mr. Gates serves as an emphatic reminder that no one may operate outside the law, regardless of position or affiliations.”
The case was investigated by the Federal Bureau of Investigation and the Internal Affairs Division of the Philadelphia Police Department and was being prosecuted by Assistant United States Attorney Eric L. Gibson.
PHILADELPHIA – Dr. Alan Summers, 79, of Ambler, PA, was sentenced today in the United States District Court for the Eastern District of Pennsylvania by the Honorable Lawrence F. Stengel to 48 months in prison, followed by 2 years supervised release. Summers was also ordered to pay $14,000 in restitution, $4.6 million in restitution and a $1700 special assessment.
Dr. Summers sold commonly abused prescription drugs in exchange for cash payments. Dr. Summers previously pleaded guilty to conspiracy to distribute controlled substances, distribution of controlled substances, health care fraud, and money laundering, and was announced by United States Attorney Louis D. Lappen, Special Agent-in-Charge Jonathan A. Wilson of the Drug Enforcement Administration and Special Agent-in-Charge, Maureen Dixon with Health and Human Services Office of Inspector General.
Dr. Summers operated a medical clinic on South Broad Street in Philadelphia, and sometimes operated under the business name “NASAPT” (National Association for Substance Abuse-Prevention & Treatment). Dr. Summers employed numerous other doctors, including co-defendants Dr. Azad Khan and Dr. Keyhosrow Parsia. The defendants sold prescriptions for Suboxone and Klonopin in exchange for cash payments. Suboxone is a brand name for a drug used to treat opiate addiction. None of the defendants conducted medical examinations or mental health examinations as required by law in order to legally prescribe these controlled substances. Dr. Summers also assisted his customers in obtaining health insurance benefits for these illegally prescribed controlled substances by providing false information to health insurance companies so that his customers could fill the prescriptions using their health insurance. Many of the customers who frequented this clinic were, in fact, drug dealers or drug addicts who sold the prescribed medications. During the duration of the conspiracy, Dr. Summers illegally sold over $5 million worth of controlled substances.
“Dr. Alan Summers cared more for his financial gain, than his oath as a doctor,” said United States Attorney Louis D. Lappen. “His actions helped fuel the opioid epidemic and the illegal distribution of prescription drugs. Today’s sentence should serve as a powerful deterrent to those medical professionals who might consider risking their careers and liberty for illegally profiting on the drug trade. Our office along with our local, state and federal law enforcement partners will continue to investigate and prosecute those individuals whose unscrupulous and illegal conduct contributes to this deadly epidemic.”
“Dr. Summers was responsible for the illegal distribution of millions of dollars of prescription drugs that are commonly used to treat opioid addiction, and did so solely for profit,” said Jonathan A. Wilson, Special Agent in Charge of the Drug Enforcement Administration’s (DEA) Philadelphia Field Division. “As part of the U.S. Attorney’s Office new law enforcement opioid task force, the DEA will aggressively continue to identify and investigate the doctors that are contributing to the opioid crisis affecting our region through their criminal acts.”
The case was investigated by the Drug Enforcement Administration, the Department of Health and Human Services Office of the Inspector General, and the Internal Revenue Service Criminal Investigations, with assistance from the Philadelphia Police Department and the Pennsylvania Bureau of Narcotics Investigations. It is being prosecuted by Assistant United States Attorney Robert Livermore.
PHILADELPHIA – United States Attorney Jacqueline C. Romero announced that Stanislav Bril, 40, a/k/a “Stan Bril,” a/k/a “Slava Bril,” a resident of Jamison, Pennsylvania, entered a plea of guilty on October 30, 2023 before United States District Judge Gene E.K. Pratter to three counts of mail fraud, eleven counts of wire fraud, five counts of bank fraud, and five counts of money laundering, all arising from Bril’s operation of two different Ponzi schemes, his false applications for bank loans, his defrauding of the Small Business Administration’s Paycheck Protection Program (“PPP”) and Economic Injury Disaster Loan (“EIDL”) program, and related conduct.
“The U.S. Attorney’s Office will continue leading the charge with our law enforcement partners to hold Stanislav Bril and other fraudsters accountable for their schemes,” said U.S. Attorney Romero. “These fraud schemes impact us all, from individual investors to taxpayers. We also appreciated the public’s assistance and cooperation in bringing these cases.”
“Over the course of ten years, Bril perpetrated multiple fraud schemes, stealing variously from investors, a bank, and the U.S. government,” said Richard Langham, Acting Special Agent in Charge of the FBI’s Philadelphia Division. “Fortunately, the FBI and our partners are experts at ensuring criminals like him are held accountable.”
“IRS-Criminal Investigation is proud to have provided its financial expertise in this investigation,” said IRS Criminal Investigation Special Agent in Charge Yury Kruty. “We, along with our law enforcement partners and the Department of Justice, are committed to aggressively investigating individuals who engage in money laundering, tax fraud, or other types of white-collar crimes.”
From October 2011 to August 2014, Bril operated a “Ponzi” scheme through his company, Mortgage Consultant Group (“MCG”), obtaining over $1 million from investors and using much of these funds for his own benefit and to perpetuate the scheme. Bril approached investors and persuaded them to make capital loan investments in MCG. In his marketing materials and his sales pitches to investors, Bril falsely claimed that these investments would enable MCG to make loans on real estate and construction projects or enable MCG to make short-term, high interest loans. Bril falsely promised that investors would obtain regular returns, or “interest,” on their capital loan investments in MCG. Rather than use investors’ funds as promised, Bril used the vast majority of the funds to pay himself, his family, and his personal expenses – including his gambling losses at casinos – and to perpetuate his scheme by occasionally making “interest” payments to some investors.
From October 2018 to June 2021, Bril fraudulently obtained a $750,000 line of credit from a bank headquartered in Scranton, Pennsylvania for another company he created, The Bril Group, Inc. (“TBG”). In order to secure the line of credit, Bril made false statements about TBG’s business, the number of TBG employees he was hiring, and the intended use of the line of credit. Once he obtained the line of credit, Bril caused those funds to be spent on unauthorized purchases and laundered a significant portion of those funds through various bank accounts.
From April 2020 to March 2021, Bril fraudulently obtained over $6.7 million from the Small Business Administration’s Economic Injury Disaster Loan (“EIDL”) and Paycheck Protection Programs (“PPP”) by making false statements about the number of employees of, the wages and payroll taxes paid by, and the intended use of the loan proceeds by several companies that Bril created. Bril falsely claimed that these companies – TBG, MCG LOAN, and SAB Services LLC – had several hundred employees when in fact none of these companies had more than one employee. In his PPP and EIDL applications, Bril submitted allegedly historical tax forms with inflated payroll information for nonexistent employees that had never actually been filed. In addition, Bril falsely denied that there were criminal charges pending against him at the time of his applications. In fact, federal charges were already pending against Bril for his perpetration of the Ponzi scheme detailed above. Once he fraudulently obtained these funds, Bril wired them to other individuals, cryptocurrency platforms, and a title company towards a purchase of a Los Angeles condominium. Bril also laundered a significant portion of those funds through various bank accounts and transactions.
From July 2019 to at least August 2021, Bril revived MCG and used it to perpetrate yet another “Ponzi” scheme, obtaining millions of dollars in loans from several investors and using these funds for his own benefit and to perpetuate the scheme. Bril initially took short-term loans from investors and repaid investors with high interest rates to lull them into a false sense of security and to obtain larger loans from them. In his sales pitches to investors, Bril falsely claimed that their loans would enable MCG to make loans on real estate and construction projects and/or enable MCG to make short-term, high-interest loans. However, Bril provided investors with few details of these purported projects and declined to identify his purported borrowers. Bril often encouraged investors to “rollover” their loans into new deals rather than take their payouts per their agreements with Bril. When investors asked Bril whether he had any claims, lawsuits, or legal proceedings filed against him, Bril falsely answered in the negative despite his knowledge that federal charges were already pending against him for his perpetration of the earlier Ponzi scheme. When Bril began missing the agreed repayments to investors, Bril provided bogus explanations for his theft of their loans, including that he was waiting for a wire to clear, that he waiting for a check to be mailed from his bank, that he was looking for a new bank, that his new bank was giving him a “hard time,” and that he was suffering from a variety of health emergencies and personal tragedies that were somehow preventing him from making timely paying to the investors. Rather than use investors’ funds as promised, Bril used the funds to pay himself, his family, and his personal expenses – including trading in digital currencies – and to perpetuate his schemes by occasionally making “interest” payments to some investors.
The case was investigated by the Federal Bureau of Investigation and the Internal Revenue Service – Criminal Investigation and is being prosecuted by Assistant United States Attorneys Vineet Gauri and Matthew T. Newcomer.
PHILADELPHIA – U.S. Attorney William M. McSwain announced that Howard M. Appel, 57, of Wayne, Pennsylvania, was charged today in a criminal information with one count of conspiracy to commit securities fraud.
The information alleges that Appel—a former licensed stockbroker with two prior securities-fraud related convictions—secretly acquired large blocks of stock in publicly traded companies, including Virtual Piggy, Inc. (ticker symbol “VPIG”), and Red Mountain Resources, Inc. (ticker symbol “RDMP”), to manipulate the market in those stocks. As alleged, Appel acquired title to the shares in the names of nominees in order to hide his ownership block from investors and made between $3,000,000 and $4,000,000 from his scheme. Using nominee accounts was necessary because he previously lost his license and was barred by the Financial Industry Regulatory Authority (“FINRA”) from selling securities or associating with any member firm.
The information further alleges that Appel and his co-schemers manipulated the stock price by taking numerous actions that were hidden from investors and security regulators including: working as a paid “consultant” to recruit investors, raise capital, and get the companies running; engaging in coordinated buying and selling, which he closely monitored, to raise the share price; and preventing co-conspirators from selling their shares without his permission. The information further alleges that Appel encouraged unwitting investors to buy large blocks of stock by touting the companies’ supposed impending success while, at the same time, selling off shares from his nominee accounts—sometimes to those same investors. Appel also allegedly traded on inside information that he obtained as a result of his “consulting” work for the companies, including the status of the companies’ efforts to get listed on NASDAQ. As alleged, none of these facts was disclosed to the investing public in any of the public filings the company and Appel were required to make.
Appel faces a maximum sentence of five years’ incarceration, a three-year period of supervised release, a fine of $250,000 or twice the gross gain or loss, whichever is greatest, and a $100 special assessment.
“As alleged, Appel orchestrated an end run around his FINRA bar by conspiring with others, at least one of whom was a licensed stockbroker, to use nominee accounts to manipulate the market and turn an illegal multi-million dollar profit,” said U.S. Attorney McSwain. “Apparently undeterred, this habitual fraudster once again used his market know-how to further his own self-interest and to violate the law. The efforts of our Office and the Securities and Exchange Commission’s New York Office demonstrate our steadfast commitment to using all of the tools at our disposal—both civil and criminal—to enforce the federal securities laws.”
The criminal case was investigated by the Federal Bureau of Investigation and is being prosecuted by Assistant United States Attorney Michael S. Lowe. The parallel civil enforcement proceeding was filed by the Securities and Exchange Commission’s New York Regional Office, under the direction of Mark P. Berger.
An indictment or information is an accusation. A defendant is presumed innocent unless and until proven guilty
PHILADELPHIA – – Acting United States Attorney Jennifer Arbittier Williams announced that Alexander S. Rowland, 30, formerly of Penns Grove, NJ, was sentenced to nine years in prison, three years of supervised release, and was ordered to pay more than $2.1 million restitution to his victims by United States District Court Judge Karen Spencer Marston, for defrauding more than 120 clients who thought they were investing money with Rowland’s company, Roaring Investments, Inc., when in reality, Rowland was operating a Ponzi scheme and spent more than $1 million of their money on himself. The defendant was also ordered to forfeit more than $1.4 million in criminal proceeds that he earned, as well as nine firearms that he purchased with fraud proceeds.
Rowland pleaded guilty in April 2021 to four counts of mail fraud, 16 counts of wire fraud, one count of bank fraud, one count of securities fraud, and one count of investment adviser fraud. As part of his guilty plea, the defendant admitted that he started Roaring Investments in July 2016 and falsely held himself out to potential investors as a licensed investment adviser who would invest their money in stocks and cryptocurrency, and he promised his clients a minimum return of 25% with potential returns of 50% or higher. None of these statements were true. Through these and other misrepresentations, Rowland was able to convince investors to invest almost $3 million in Roaring Investments. Rowland admitted that he actually only invested a little over $500,000 of the funds he obtained from his clients, and that his investments were a flop, losing more than $100,000. Rowland admitted that he spent more than $1 million of his client’s funds on himself, including payments for vacations and luxury vehicles, jewelry, and more than $47,000 worth of firearms. The defendant further admitted that he used some of the other client funds to pay his office rent, his employee salaries, and to make payments to his earlier clients – in effect, operating a Ponzi scheme.
Rowland also admitted that he lied to his clients by providing them with false account balances that led them to believe that their investments were highly profitable. In fact, Rowland led his clients to believe that the roughly $3 million they had collectively invested had grown to more than $9 million. When the scheme collapsed, Rowland’s clients learned that they had actually collectively lost more than $2 million due to Rowland’s fraud. The defendant further admitted that, after the scheme collapsed, he continued to lie to some of his victims by saying he could not repay them because the FBI was preventing him from accessing his accounts.
“Rowland talked a big game about the returns his company could produce through investments in stock and cryptocurrency, but it was all a lie. Instead, he funded his own lavish lifestyle in a manner no better than a common thief,” said Acting U.S. Attorney Williams. “And when he was caught, he continued to lie. The defendant is clearly a determined fraudster who needed to be taken off the street.”
“Alexander Rowland lured investors in by promising astronomical returns on their money,” said Michael J. Driscoll, Special Agent in Charge of the FBI's Philadelphia Division. “Instead, he took full advantage of their trust and lived high on the hog at their expense. Ponzi schemes can be simply devastating for their victims. That's why the FBI and our law enforcement partners are so determined to bring this kind of financial fraud to light, and perpetrators like Rowland to justice.”
“Anytime a taxpayer is encouraged to invest in a product that seems too good to be true, they should be wary,” said Joleen D. Simpson, Acting Special Agent in Charge of the Philadelphia Field Office. “IRS Criminal investigators will continue to use their financial skills to assist their law enforcement partners in stopping harmful investor fraud schemes.”
The case was investigated by the Federal Bureau of Investigation and the Internal Revenue Service, Criminal Investigation Division, and is being prosecuted by Assistant United States Attorney Michael S. Lowe.
PHILADELPHIA – On October 15, 2019, United States Attorney William M. McSwain was invited to speak at the Quarterly Luncheon of the Executive Board of the Citizens’ Crime Commission of the Greater Delaware Valley. U.S. Attorney McSwain addressed the current state of criminal justice in Philadelphia, highlighting in particular the defense-oriented litigation tactics on display in several cases handled by the Philadelphia District Attorney’s Office during Larry Krasner’s tenure. Among the cases analyzed, U.S. Attorney McSwain dissected Krasner’s litigation maneuvers in the latest Mumia Abu-Jamal appeal and explained how Krasner is attempting to position the case to free the unrepentant cop killer.
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Thank you, John [Appledorn], for that introduction and for your work as President of the Citizens’ Crime Commission of the Delaware Valley. And thank you for inviting me to speak to this distinguished group of law enforcement and citizens who appreciate the sacrifices that those serving in law enforcement make every day. My heart feels good to be among a group such as this. It is an honor to be here and to support this group’s mission: to improve the quality of life of citizens in the Delaware Valley with ongoing outreach, community programs, and the latest safety and security initiatives. It is a worthy mission, and one that my Office shares.
As U.S. Attorney, I have the privilege of working with thousands of dedicated police officers, detectives, case agents, and prosecutors across the nine counties of the Eastern District of Pennsylvania. Working side-by-side with those who are willing to sacrifice for the greater good is one of the best things about my job. I felt that way when I was an Assistant U.S. Attorney earlier in my career, and it holds true today.
The brave men and women in law enforcement in the Eastern District of Pennsylvania serve and protect a broad swath of communities. Our District is comprised of large metropolitan cities, rural areas, and every type of community in between, and the issues that the police encounter in the District are as diverse as the communities they serve. But law enforcement officers are cut from the same cloth – they are honorable, courageous, selfless, and resilient. These values bind them together, serve as an inspiration to me, and provide a source of strength when the going gets tough.
Unfortunately for those brave men and women, times are tough for law enforcement these days – in Philadelphia and beyond. For one thing, police work is not getting any safer. Gun violence continues to plague the City; just this past weekend, there were six different reported shooting incidents. Two men were killed, and a total of 13 people were injured in the span of only two days. Through October 12, the number of homicide victims this year has reached 266, which is an increase over the number of victims during the same time frame last year, which was already a terrible year.
Times are also tough for law enforcement because their jobs are made all the more difficult by a culture of disrespect for law enforcement championed by the words and actions of Philadelphia District Attorney Larry Krasner, or as he refers to himself, the City’s “public defender with power.” Or perhaps we should refer to him as Uncle Larry, which is the nickname that the City’s violent criminals have affectionately bestowed upon him. Uncle Larry’s antics are especially dangerous because he is a prosecutor – and as such, he’s supposed to be on the side of law enforcement and community safety. He took an oath to uphold the rule of law, to protect public safety, and to represent victims and the people of this City in our criminal justice system. Instead, through the policies he has put in place and through his various courtroom maneuvers, he has done just the opposite. This reality often makes Krasner as dangerous as the criminals that he’s looking out for.
This conclusion – that Krasner’s policies endanger the public – is buttressed by the data collected and displayed on his “Public Data Dashboard,” a website Krasner announced a few weeks ago that tallies up information on key metrics that include the number of incidents, arrests, charges, case outcomes, and “years of future incarceration imposed.” The data from the dashboard serves as a scoreboard of sorts – one that collects wins for criminals and losses for the law-abiding public.
The dashboard touts some stunning statistics. To highlight just a few that compare this year to five years ago: (1) the DA’s Office has charged 26 percent fewer cases this year than through the same date in 2014; (2) it has charged 268 people for retail theft this year, down from 1,900 five years ago; (3) the conviction rate for homicides is down as compared to 2014; and (4) in a City full of gun violence, the number of illegal gun possession cases diverted into the Accelerated Rehabilitation Disposition program (which amounts to a free first offense) has skyrocketed – there were 10 in 2014 and 78 in 2018. None of this is good news for law enforcement, for the rule of law, or for the communities we serve.
The effect of Krasner’s policies and his culture of disrespect were on full display in front of a national audience this past August when Maurice Hill, a convicted felon with a long rap sheet, opened fire on Philadelphia police officers as they attempted to execute a search warrant. This confrontation left six officers wounded and a neighborhood traumatized. It is a miracle that the officers survived the attack and that the chaos ended with Maurice Hill in custody.
The Maurice Hill incident and these stunning statistics raise some obvious questions: Are criminals emboldened by Larry Krasner? And do some segments of the community take their cues from the District Attorney’s slander against law enforcement and then pile on with even more disrespect? The answers are: yes and yes. When the City’s top local prosecutor talks about the police as if they are the enemy, criminals take heart and the community takes note. And the rule of law takes a huge hit.
Which brings me to the message I want to deliver to you today – it’s reflected in the title of my remarks and it’s the same message that I’ve delivered to Larry Krasner and others who feed the culture of disrespect: Enough of this nonsense already. Since the day I was sworn in as U.S. Attorney, it has been my mission to restore a culture of respect for law enforcement and for the rule of law, to stop violent crime and to advocate for victims and the law-abiding members of our community. And the way to do that is to challenge those, like Krasner, who have a warped value system, to call out this nonsense, and to aggressively prosecute dangerous criminals in this City and in our District. This is what prosecutors are supposed to do, and it’s what I intend to do every minute of every day that I have this job.
Larry Krasner’s approach to prosecution elevates politics over public safety and puts police in danger. We’ve seen this, not only in his policies that discourage arrests, prosecution, and meaningful prison sentences for serious offenders, but also in the effect that his various litigation maneuvers have had on the integrity of the judicial system. In short, Krasner is hard at work trying to take decisionmaking power out of the hands of judges and juries and into his own – because judges and juries, unlike Krasner, cannot always be trusted to be cheerleaders for violent defendants.
For example, take the case of Jouvan Patterson, who shot Philadelphia shop owner Li (“Mike”) Poeng, with a military-style assault rifle during an attempted robbery of Mr. Poeng’s convenience store in May 2018. Mr. Poeng, a refugee from Cambodia, fought with Patterson on the sidewalk in front of his store, with his wife and children inside the store, terrified. Poeng is now confined to a wheelchair as a result of the shooting.
The DA’s Office originally charged Patterson with multiple crimes, including attempted murder and aggravated assault, but then quietly dropped the attempted murder charges and agreed to a ridiculously lenient plea deal of 3 1/2 to 10 years imprisonment. My Office stepped in once we learned of this miscarriage of justice and charged Patterson federally with one count of attempted robbery which interferes with interstate commerce and one federal firearms charge. On the gun charge alone, he faces a statutory maximum of life imprisonment and a statutory minimum of ten years’ imprisonment, which must run consecutively to any other sentence imposed on the attempted robbery count – with no parole. Mr. Patterson’s trial is scheduled for next year. And I can promise you this – at that court proceeding, the prosecutor from my Office will be acting like a prosecutor and not a public defender. The prosecutor will represent the interests of the public and the victim. There is no “Uncle Bill” waiting for Mr. Patterson in federal court.
And then there’s the case of Michael White, the man accused of stabbing and killing Philadelphia resident Sean Schellenger last summer. Krasner’s pretrial maneuvers – dropping first degree murder charges in favor of third degree, and then more recently his motion to dismiss even the third-degree murder charge against White – framed the factual issues in the defendant’s favor by limiting the jury’s options and paving the way for the defendant to put the victim’s character on trial. The pretrial motion Krasner submitted claimed that his office would fare better with a jury arguing voluntary manslaughter rather than third degree murder. But let’s face it: the only person who fares better with that maneuver is the defendant, Michael White.
Then of course, there’s Krasner’s newly expanded Conviction Integrity Unit, which to date, is responsible for reversing murder convictions of 10 defendants (or five percent of the cases it has reviewed) since Krasner came into office. That’s more than three times the number of convictions reversed in just over a year under Krasner than had been reversed in the previous four years since the unit was formed in 2014. In these cases, a pattern has emerged: Krasner shamelessly substitutes his own judgment for the jury’s, further victimizing the families.
In the latest of these 10 cases – that of Willie Veasy, a convicted murderer – Krasner’s office joined forces with Veasy’s lawyers and filed a joint motion seeking Veasy’s release, which the trial court granted earlier in October. This was a case with both a confession and an eyewitness that the jury had chosen to believe, after weighing the evidence in a court of law, including Veasy’s claimed alibi defense. But Uncle Larry, many, many years after the murder and the trial, decided that what the jury concluded after weighing the evidence didn’t matter; all that matters is what Krasner, the public defender with power, thinks. So he used that power and decided that the police detectives on the case had coerced the confession. Mind you, no court ever ruled that Veasy’s confession was coerced or that the detectives on the case acted improperly. That’s because the DA’s Office didn’t ask any court to do so; it conveniently skipped over the part of the process where the prosecutor seeks an evidentiary hearing during which it could test the defendant’s allegations of coercion. It did so in part because Krasner has had it out for the two detectives on the case for some time, but no court ever had to consider that bias. Equally troubling is the fact that in joining forces with the defendant’s lawyers, the DA’s office also conveniently discounted the eyewitness testimony – that was never recanted – pointing to Veasy as the shooter.
The result: Veasy is freed and Uncle Larry puts up a big number – 10 convicted murderers freed – on his new dashboard. Is this an “exoneration” of a convicted murderer? Is this a finding of innocence? Hardly. It is, instead, the ugly manifestation of Krasner’s hatred for law enforcement – and his affection for convicted murderers – that causes him to usurp the roles of the judge and jury and thereby make a mockery of our criminal justice system. In the aftermath, Mr. Veasy summed up the situation nicely: “Th[ings] are going to change with who we have in office today, and if we continue to keep people in office like him, things will definitely turn around for a lot of people.” Yes, Mr. Veasy, you have that exactly right.
And if Krasner has his way, things are only going to get worse. Which brings me to the never-ending, complicated Mumia Abu-Jamal saga. The District Attorney’s Office’s handling of this case since Krasner took office in 2018 has paved the way for what I believe is Krasner’s long-term play in this case – to become this unrepentant cop killer’s savior and add another tally to his dashboard by freeing yet another convicted murderer. Krasner’s response to a series of defense moves during the most recent phase of this litigation shows an alarming pattern – one showing Krasner’s office backing away, every chance it gets, from its obligation to fight to preserve the jury’s guilty verdict. Even though Krasner technically represents the Commonwealth – that is, the people of Pennsylvania and the victim’s family – his actions confirm that he does so in name only. Instead, he is using his power to side with Abu-Jamal and his lawyers rather than fight for those whom he is supposed to represent.
In the most recent chapter of this case, Abu-Jamal is now pursuing his fifth round of post-conviction review in the Superior Court of Pennsylvania. Broadly speaking, post-conviction review is the judicial process separate from the direct appeals process that gives defendants another avenue to raise legal challenges to their convictions. Convicted criminals first file Post Conviction Relief Act (“PCRA”) petitions at the trial court level – in the Pennsylvania system, that is the Court of Common Pleas sitting as a “PCRA court” – and then those petitions make their way through the normal appellate process. But let’s be clear: a convicted defendant is not entitled to file PCRA petitions in perpetuity; at some point, both state and federal law, duly enacted by the legislature, place clear limits on convicted criminals’ PCRA rights.
Those limits should have been applied in Abu-Jamal’s case, but they clearly were not. He received this fifth proverbial “bite at the apple” because a trial-court level judge – in fact, the same judge who sided with Krasner in the Veasy case – took up Abu-Jamal’s fifth PCRA petition and found in December 2018 that his four previous proceedings were tainted by the mere appearance of bias stemming from then-Justice Castille’s involvement in the case. The court reasoned that because Castille was the Philadelphia District Attorney when Abu-Jamal was convicted, that was enough to raise concerns about the fairness of the judicial process overall.
This PCRA court finding was a big win for this cop killer, as it allowed him to immediately file an appeal to the Superior Court in which he could relitigate multiple issues he previously raised unsuccessfully many years ago. And that is exactly what Abu-Jamal did when he filed an appeal to the Pennsylvania Superior Court in January 2019.
Fortunately for Abu-Jamal, Krasner has been more than willing to lay down in the course of the current Pennsylvania Superior Court appeal rather than fight to defend the jury’s finding of guilt. There’s not one, or two, but three instances to point to, in just this phase of the litigation alone, where Krasner decided to take a dive rather than oppose Abu-Jamal’s various litigation maneuvers.
The first example is seen in how the District Attorney’s Office handled Abu-Jamal’s request in the Superior Court for immediate transfer of his appeal to the Pennsylvania Supreme Court. On March 11, 2019, when the Superior Court asked the parties to show cause why the case should not be transferred, Abu-Jamal advocated to bypass the Superior Court altogether. Rather than opposing that procedure, the District Attorney’s Office stood by and decided not to object to it. Though there are instances (death penalty cases being one of them) when a direct appeal to the Pennsylvania Supreme Court is appropriate, this is no longer a death-penalty case, and Krasner knows that. So why not fight? This is the first move where Krasner’s approach – an utter refusal to engage on the issues – is on full display.
The second instance in the Superior Court involves how the District Attorney handled his office’s appeal of the ruling on Justice Castille’s previous involvement in the Abu-Jamal case. Initially, Krasner’s office appealed the PCRA court’s adverse ruling, but then Krasner’s office withdrew its appeal altogether. That left only Abu-Jamal’s appeal – again raising claims that have been previously raised and rejected – in place. The import of Krasner’s inaction is obvious: it clears the path for a future court to rule differently on one or more of these previously rejected claims. It does not matter than multiple courts have already ruled against Abu-Jamal. It does not matter that the law prohibits endless PCRA petitions and appeals. When advocating for murderous defendants, finality is not of any concern to this public defender with power.
Finally, on the very same day that Abu-Jamal filed his appellate brief in the Superior Court, raising all of those previously rejected claims, he filed a motion for remand based on a whole new theory of relief that he had conjured up. He now claimed there was new factual evidence, disclosed for the first time in January 2019, that raised serious questions about the integrity of his conviction. He further claimed that the new evidence should be reviewed and evaluated by the very same judge that had revived his appellate rights in the first place – the Court of Common Pleas judge that had granted Abu-Jamal’s PCRA petition in December 2018.
By now, you can probably guess what happened: the District Attorney’s Office chose again to take a dive and not oppose remand. From Abu-Jamal’s point of view, this is a far better result than having the Superior Court rule on his case or obtaining an immediate transfer to the Pennsylvania Supreme Court. The reason why is obvious: it sets the stage for the case to go back to the same friendly judge to decide whether this “new evidence” warrants a new trial. Abu-Jamal only has to convince one judge to rule in his favor rather than a panel of Superior Court judges or a majority of Justices sitting on the Pennsylvania Supreme Court. By not opposing remand, Krasner just increased Abu-Jamal’s chances of winning a new trial by knocking out two levels of appellate review and cutting multiple judges out of the deliberative process. All in a day’s work.
The Superior Court has not ruled on the remand issue, but it doesn’t have to because we can already see where this case is headed. Krasner’s pattern of behavior, his decision to take not one dive, not two, but three, in the Abu-Jamal Superior Court appeal alone, has the same feel as what happened in the Veasy case. It’s classic Krasner-style prosecution, which is marked by inaction rather than action; silence rather than opposition; defense-oriented tactics rather than prosecutorial zeal. It is yet another example of how Philadelphia’s public defender with power tries to use that power to manufacture his desired results with as little judicial oversight as possible. And here, what Krasner wants is to see Abu-Jamal walk out of prison.
As horrifying as that sounds, here is how it could happen. It’s not hard to predict how this plays out on remand once you look at Krasner’s shameful pattern of conduct in this and other recent cases. The first pathway to freeing Abu-Jamal is if, on remand, Krasner signals that the trial court judge should grant a new trial based on this newly discovered evidence and the judge obliges; Krasner’s office can then simply take another dive and not appeal that ruling. That is not an unlikely possibility when you consider his past maneuvers.
An alternative path to the same result is if the trial court judge denies Abu-Jamal’s request for a new trial on this newly discovered evidence, but then Krasner waits for the inevitable appeal and takes yet another dive in the Superior Court (it would not be the first time), which will mean procedurally that the Superior Court could remand the case for a retrial without objection from the District Attorney’s Office.
Either outcome would then pave the way for Krasner to conclude that a retrial, almost 40 years after the murder, is an impossible feat for his office to pull off – a conclusion that would be utterly indefensible when you consider how the District Attorney’s Office got there in the first place. And then out walks the cop-killer Abu-Jamal, a free man. Criminal justice, Krasner-style.
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So what are the takeaways from all of this? What can we do about the sorry state of criminal justice in Philadelphia? We can all stand up for those left behind as a result of Krasner’s upside-down approach to prosecution. We can all say “thank you” to our law enforcement community and encourage a culture of respect for law enforcement and for the rule of law. And as federal prosecutors, my Office will continue to serve as the adversaries against crime that the City deserves. In short, we can fight back with all our energy and resolve to do the right thing. That’s a choice that I’ve made, and I will never, ever back down from it. And neither will you. Let’s go forward together and do justice. Thank you, and God Bless you all.
PHILADELPHIA – Acting United States Attorney Jennifer Arbittier Williams announced that generic drug manufacturer KVK-TECH, Inc., headquartered in Newtown, PA, Murty Vepuri (69), and Ashvin Panchal, (50), also of Newtown, were charged by Indictment with conspiracy to defraud the United States Food & Drug Administration (“FDA”) arising from the alleged distribution of unapproved drugs as well as alleged efforts to mislead the FDA and conceal information which could impact drug safety and effectiveness. KVK-TECH was also charged with one count of mail fraud arising from the alleged sale of unapproved drugs to customers who believed the drugs were made with the approval of the FDA.
According to the Indictment, from approximately October 2010 through at least March 2015, Vepuri, the de facto owner of KVK-TECH, and Panchal, the company’s head of Quality Assurance, conspired to defraud the United States and its agencies by impeding, impairing, and defeating FDA’s mission to protect the health and safety of the public by ensuring that drugs marketed and distributed in the United States are safe and effective for their intended uses.
As alleged in the Indictment, Vepuri directed KVK-TECH’s day-to-day operations and made all key business decisions for the company, including decisions related to drug regulatory requirements, drug composition, drug manufacturing quality, purity, and potency. However, Vepuri – who previously owned a generic drug manufacturer in New Jersey that was subject to a restraining order due to ongoing FDA violations – is charged with hiding his involvement in KVK-TECH by placing its ownership in private trusts for the benefit of his children. Vepuri then allegedly represented to the FDA that he was merely an advisor or consultant to KVK-TECH, when in reality he exercised unchecked authority over the company.
As alleged, under Vepuri’s control, KVK-TECH ignored regulatory requirements that had the potential to slow the manufacture, distribution, and sales of its drugs. Vepuri and Panchal are also charged with having provided false explanations to the FDA when inspectors identified violations. Often, Vepuri and Panchal attributed regulatory failures to a mistake or misunderstanding, and KVK-TECH would falsely assure the FDA that violations had been addressed when they knew no corrective and preventative actions had been taken.
The Indictment highlights KVK-TECH’s conduct with regard to Hydroxyzine, a KVK-TECH prescription drug for the treatment of anxiety, for which Vepuri purchased an active pharmaceutical ingredient (“API”) made in Mexico by Dr. Reddy’s Laboratories (“DRL Mexico”). DRL Mexico was not an FDA-approved source. To the contrary, as alleged, the defendants knew that DRL Mexico’s API was considered adulterated by the FDA due to significant violations of good manufacturing practices (cGMP) at DRL Mexico’s manufacturing plant. The cGMP violations were so severe that the FDA issued an import alert for all DRL Mexico API from July 2011 through July 2012. Nonetheless, from 2011 through 2013, KVK-TECH is charged with having knowingly distributed more than 383,000 bottles of the unapproved Hydroxyzine without the FDA’s knowledge or approval.
“FDA laws and regulations regarding drug composition, manufacturing, quality, and related controls are designed to protect Americans’ health and safety – so we can all be confident that our prescription medications will be safe and effective,” said Acting U.S. Attorney Williams. “When companies attempt to game the system to avoid these regulations and increase their profits, the ramifications are potentially catastrophic. As this Indictment makes clear, any individuals or companies that try to evade the law in this manner will be brought to justice.”
“An important mission of the Office of Inspector General is to investigate allegations of fraud against the Department of Labor’s programs. We will continue to work with our law enforcement partners to investigate these types of allegations,” stated Syreeta Scott, Acting Special Agent-in-Charge, Philadelphia Region, U.S. Department of Labor Office of Inspector General.
If convicted, Vepuri and Panchal each face a maximum possible sentence of five years in prison, three years of supervised release, a $250,000 fine and other financial penalties including forfeiture. KVK-TECH faces fines up to $4 million and other financial penalties such as forfeiture and probation. The parties also face mandatory exclusion from participating in federal programs.
The case was investigated by the FDA-Office of Criminal Investigations, Homeland Security Investigations, and the Department of Labor Office of Inspector General, and is being prosecuted by Assistant United States Attorneys M. Beth Leahy and Patrick J. Murray, and Ross Goldstein, Senior Litigation Counsel for the Department of Justice Consumer Protection Branch.
An indictment, information, or criminal complaint is an accusation. A defendant is presumed innocent unless and until proven guilty.
PHILADELPHIA – United States Attorney Jacqueline C. Romero announced that Rafael Vega-Rodriguez, 41, of Reading, Pennsylvania, was convicted today at trial of three counts of attempted murder of a federal law enforcement officer, three counts of assault on a federal officer with a deadly weapon, and two related firearms charges, stemming from an incident during which he shot at and tried to kill three FBI Special Agents.
On March 1, 2020, FBI Special Agents were conducting surveillance in the area of Gordon Street in Reading, looking for the defendant, who was the subject of an active state arrest warrant for a parole violation. At approximately 11:45 p.m., the agents saw the defendant walking in the area of West Greenwich Street with a second individual. When the agents attempted to stop him, Vega-Rodriguez drew a handgun from under his sweatshirt and shot at them. He continued to shoot as he and the second individual fled from the scene.
After an intense manhunt, investigators discovered that Vega-Rodriguez had fled to Leola, Pennsylvania, approximately 30 miles southwest of Reading. He was arrested there by FBI Special Agents and Pennsylvania State Police Troopers in the early morning hours of March 3, 2020.
“Rafael Vega-Rodriguez was so determined not to be arrested and go back to prison that he immediately opened fire on approaching FBI agents,” said U.S. Attorney Romero. “It’s incredibly fortunate that none of the agents, or anyone else for that matter, was hit. When Vega-Rodriguez pulled the trigger that night, he sealed his own fate, and now faces spending the rest of his life behind bars.”
"Every day, FBI agents put themselves in harm's way to protect our communities," said Wayne A. Jacobs, Special Agent in Charge of FBI Philadelphia. "Let this verdict serve as a clear message that if you commit an act of violence against a federal agent, you will be prosecuted to the fullest extent of the law."
The case was investigated by the Federal Bureau of Investigation and was prosecuted by Assistant United States Attorney Timothy M. Stengel, Assistant United States Attorney Everett Witherell, and former Assistant United States Attorney Mary Futcher.
PHILADELPHIA – United States Attorney William M. McSwain announced that Progressions Behavioral Health Services, Inc. (“Progressions”) and Sharmon James, a mental health therapist formerly employed by Progressions, have agreed to pay $27,500 to resolve claims under the False Claims Act set forth in a qui tam complaint filed against them in the United States District Court for the Eastern District of Pennsylvania.
The Complaint alleges that James fabricated mental health treatment records for over 59 outpatient sessions with a minor during the period of May 3, 2017 through October 19, 2018. None of these sessions ever occurred. James allegedly falsified records, forged the signature of the minor’s parent on patient encounter forms, and caused Progressions to submit claims for payment to Medicaid based upon these false records. Pursuant to the agreement, Progressions will pay $17,500 and James will pay $10,000 to the United States.
The settlement resolves allegations in a whistleblower complaint filed in federal court in the Eastern District of Pennsylvania under the qui tam provisions of the False Claims Act. These provisions allow private citizens to bring civil actions on behalf of the United States and share in any recovery. The whistleblower in this matter was the minor’s parent, who will receive approximately $6,700 of the recovery.
“Behavioral health service entities must have strong mechanisms in place – including appropriate supervision and oversight – to avoid fraud and abuse, or else they will face the consequences,” said U.S. Attorney McSwain. “We thank the whistleblower for bringing this qui tam complaint, as well as our law enforcement partners for helping us to pursue this important civil action.”
“Civil enforcement is an important tool in our ongoing battle against health care fraud,” said Maureen R. Dixon, Special Agent in Charge of the Office of the Inspector General for the U.S. Department of Health and Human Services. “We will continue to work closely with the United States Attorney’s Office to ensure the integrity of taxpayer funds and protect beneficiaries of federal healthcare programs.”
The government’s resolution of this matter illustrates the government’s emphasis on combating health care fraud. One of the most powerful tools in this effort is the False Claims Act. Tips and complaints from all sources about potential fraud, waste, abuse, and mismanagement can be reported to the Department of Health and Human Services at 800-HHS-TIPS (800-447-8477).
This matter was investigated by the U.S. Department of Health and Human Services’ Office of Inspector General and the U.S. Attorney’s Office for the Eastern District of Pennsylvania. The case is assigned to Assistant U.S. Attorneys Viveca D. Parker and Judith A. Amorosa of the Civil Division, and health care fraud auditor Dawn Wiggins.
The qui tam is captioned U.S. ex. rel. Smith v. Progressions Behavioral Health Services, Inc., No. 18-cv-4814 (E.D. Pa.). The claims resolved by this settlement are allegations only and there has been no determination of liability.
PHILADELPHIA – Acting United States Attorney Jennifer Arbittier Williams announced that Imad Dawara, 40, of Swathmore, PA, and Bahaa Dawara, 32, of Woodlyn, PA, were both sentenced this week by United States District Court Chief Judge Juan R. Sanchez to nine years in prison and ordered to pay more than $22 million in restitution for conspiracy to commit arson and conspiracy to defraud the United States.
The defendants previously pleaded guilty and admitted to planning and causing the arson of their business, RCL Management LLC, at 239-241 Chestnut Street in Philadelphia on February 18, 2018, and to evading the assessment of their income tax liabilities from 2015-2017. Imad Dawara also admitted to fraud in connection with his receipt of health care and other government benefits.
From around December 2012 until February 18, 2018, the defendants owned and operated various restaurants and entertainment establishments in Philadelphia, including a restaurant and hookah lounge in the 200 block of Chestnut Street. As detailed in the Indictment, the Dawara brothers were struggling in their Chestnut Street business and had a years-long history of fighting with their landlord. By October 2017, the Dawara brothers had ceased all business operations at the Chestnut Street location and attempted to sell the business, but as they had failed to renew their lease or pay rent, no one would buy it.
On January 31, 2018, their landlord directed the defendants to vacate the premises by February 2, and advised them that they owed over $64,000 in overdue payments. Nonetheless, the Dawaras failed to vacate the premises, and on the same day they were to leave, RCL Management purchased a $750,000 insurance policy providing coverage in the event of an accidental fire at the Chestnut Street property. On February 18, a fire was intentionally started with gasoline in the basement of 239 Chestnut Street, which destroyed the entire building, displaced approximately 160 people, closed the 200 block of Chestnut Street for months, and closed numerous businesses.
“The Dawara brothers selfishly and criminally thought only of themselves and their finances that fateful February night,” said Acting U.S. Attorney Williams. “But their horrific conduct left so many victims in its wake – including individuals, businesses and the City of Philadelphia at large. I hope these sentences provide a measure of closure to the victims, and I want to thank all of our partner agencies for coming together to investigate and hold the Dawaras responsible.”
“This sentencing is the result of the exhaustive effort by ATF’s Arson and Explosives Task Force working in harmony with the U.S. Attorney’s Office,” said Matthew Varisco, Special Agent in charge of ATF’s Philadelphia Field Division. “The Dawara brothers will now serve nine years in federal prison, as a result of his actions. Criminals who commit arson for any reason jeopardize the safety of the community and first responders and will be held accountable.”
“These sentencings demonstrate that individuals who are willing to destroy property for financial gain and commit income tax violations will be held accountable,” said IRS Criminal Investigation Acting Special Agent in Charge Joleen Simpson. “The Dawara brothers had no regard for the well-being of others and were focused on their own greed. This collaborative effort with our law enforcement partners highlights the excellent investigative work done in ensuring such deplorable crimes are brought to justice.”
The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) Philadelphia, the Philadelphia Fire Marshal, the Philadelphia Police Department, the Internal Revenue Service – Criminal Investigation, the U.S. Department of Health & Human Services - Office of the Inspector General, with assistance from the Philadelphia Parking Authority Taxi and Limousine Division, and is being prosecuted by Assistant United States Attorneys Jeanine Linehan and Katherine E. Driscoll.
PHILADELPHIA –Mohammed Jabbateh, a/k/a “Jungle Jabbah,”51, a citizen of Liberia residing in East Lansdowne, PA, was found guilty of two counts of fraud in immigration documents and two counts of perjury, announced Acting United States Attorney Louis D. Lappen and Special Agent-in-Charge Marlon Miller, Homeland Security Investigations. In December of 1998, when making application for asylum and later for permanent legal residency, the defendant was not truthful about his activities during Liberia’s first civil war while he was a member of the United Liberation Movement of Liberia for Democracy (ULIMO) and later ULIMO-K, rebel groups that battled for control of Liberia. Jabbateh was a battalion commander in ULIMO and ULIMO-K.
In January of 1999, during the asylum seeking process, Jabbateh was interviewed by a United States asylum officer for purposes of determining whether his application should be granted. To this end, he jury heard evidence that Jabbateh falsely responded "no" to the following two queries: 1) "[H]ave you ever committed a crime?"; and 2) "[H]ave you ever harmed anyone else?" On or about December 23, 1999, Jabbateh, largely based upon his answers to these and other questions posed on his Form I-589 asylum application and his answers to questions posed during his asylum application interview, received asylum.
Later, when Jabbateh applied for legal permanent residency by filing a Form I-485 with United States immigration authorities, he falsely responded "No" to the following two questions:
“Have you ever engaged in genocide, or otherwise ordered, incited, assisted or otherwise participated in the killing of any person because of race, religion, nationality, ethnic origin or political opinion?” and
“Are you under a final order of civil penalty for violating section 274C of the Immigration and Nationality Act for use of fraudulent documents or have you, by fraud or willful misrepresentation of a material fact, ever sought to procure, procured, or procured, a visa, other documentation, or entry into the U.S. or any immigration benefit?”
The jury found that the defendant knew his answers to these two questions were false in that he had ordered, incited, assisted, and otherwise participated in the killing of any person because of religion, nationality, ethnic origin, and political opinion; and knew that he had procured asylum in the United States by fraud and willful misrepresentation of material fact.
During the course of two weeks of testimony from over two dozen witnesses that included 17 Liberian victims and eyewitnesses, the jury heard evidence that Jabbateh, as a ULIMO commander from approximately 1992 through 1995, either personally committed, or ordered ULIMO fighters under his command to commit the following nonexclusive list of acts: 1) the murder of civilian noncombatants; 2) the sexual enslavement of women; 3) the public raping of women; 4) the maiming of civilian noncombatants; 5) the torturing of civilian noncombatants 6) the enslavement of civilian noncombatants; 7) the conscription of child soldiers; 8) the execution of prisoners of war; 9) the desecration and mutilation of corpses and ritual consumption of human flesh, including human hearts; and 10) the killing persons because of race, religion, nationality, ethnic origin or political opinion.
“Jabbateh sought to escape to the United States and start anew, where he lied about his extensive and horrific criminal background on federal immigration forms and to the faces of U.S. immigration officers,” said Acting United States Attorney Louis D. Lappen. “Jabbateh committed atrocities in Liberia that ravaged communities in ways that will be felt for generations. This office has rarely if ever seen such an abuse of our immigration process, and we are incredibly proud of the efforts of law enforcement and the victim witnesses who helped bring this man to justice. We thank the jury for its just and proper verdict of guilty on all counts.”
"The United States will not be a safe haven for human rights violators and war criminals,” said Marlon Miller, special agent in charge of HSI’s Philadelphia office. “Today’s verdict will help bring justice to the victims of Mr. Jabbateh's atrocities, for having survived the suffering he inflicted during the Liberian Civil War. HSI will continue to use every tool at our disposal to ensure that those who have committed such acts abroad never evade justice and accountability for their crimes by hiding among their victims in the United States.”
At sentencing, Jabbateh faces a maximum possible sentence of 30 years in prison, a possible fine, a $400 special assessment, and a period of supervised release.
The case was investigated by U.S. Homeland Security Investigations and is being prosecuted by Assistant United States Attorney Linwood C. Wright, Jr. and Nelson S.T. Thayer, Jr.
PHILADELPHIA – First Assistant United States Attorney Jennifer Arbittier Williams announced that Michael Salerno, 51, of Mount Laurel, NJ, was arrested and charged by Indictment with twenty-three counts of wire fraud and six counts of mail fraud in connection with multiple, elaborate fraud schemes.
According to the Indictment, between September 2016 and at least November 2018, the defendant operated a series of businesses, including Black Diamond Forex, L.P., BDF Trading, L.P., Advanta Capital Markets, Inc., and Advanta FX, each of which purported to be in the business of trading foreign currencies. Using a variety of misrepresentations and omissions, Salerno induced victims to pay advance fees—up-front payments of typically more than $1,000—in order to be hired by Salerno’s company. He told the victims that, upon being hired, he would make available to them a pool of $10 million which they could trade on the foreign currency market, and take a generous cut of any profits. Each of these representations was completely false.
To make his fraudulent activities appear legitimate, Salerno held himself out as a sophisticated and successful businessman. According to the Indictment, the defendant claimed to have managed a real estate empire, a portion of which he claimed to have recently sold for $10 million to fund the currency-trading venture. He also claimed that he had been a profitable currency trader. None of this was true, either. In fact, he declared bankruptcy twice, most recently in 2015, and had been evicted multiple times from rental homes for failure to pay rent. In 2005, he pleaded guilty to federal tax charges and was sentenced to 21 months in prison. He failed to disclose any of this to the aforementioned victims before taking their money. Instead, Salerno allegedly collected more than $300,000 in advance fees and used the money for his own benefit.
The defendant’s currency-trading scheme came to a halt when this Office opened a criminal investigation and the Commodity Futures Trading Commission sought and obtained an injunction against Salerno and his businesses in 2018. However, Salerno allegedly turned immediately to a second scheme. Also according to the Indictment, between May 2018 and least December 2019, Salerno operated a company called AccuOne Financial, Inc. AccuOne purported to be in the business of assisting clients in ridding themselves of unwanted automobile leases. It also purported to offer a different set of clients, whose personal credit precluded them from obtaining an automobile lease, access to automobile leases, low interest vehicle loans, and credit repair services. But Salerno failed to do as promised, instead ripping off both sets of clients. According to the Indictment, the defendant took the unwanted vehicles from the first set of clients, made few - if any - of the required lease payments, and then gave the vehicles to the second set of clients who could not obtain their own leases, in exchange for substantial monthly fees. The predictable result of this house of cards-style scheme was that the clients who wanted to get out of their leases either continued to make monthly lease payments for cars they no longer had, or suffered substantial damage to their credit. And the clients who leased cars from AccuOne often had them repossessed without warning. As for Salerno, he netted several hundred thousand dollars from this scheme alone.
“When Salerno’s foreign currency trading scheme came crashing down around him, he very quickly moved on to an alternative way of swindling people out of their money with car leases and loans,” said First Assistant U.S. Attorney Williams. “The damage done by such corrupt financial schemes can be catastrophic to innocent people’s credit and financial security. We will continue to hold those who commit crimes like the ones alleged here accountable for their misdeeds.”
If convicted, the defendant faces a maximum possible sentence of 580 years in prison, three years supervised release, a fine of $7,250,000 and full restitution.
The case was investigated by the Federal Bureau of Investigation, and is being prosecuted by Assistant United States Attorney Christopher J. Mannion
An indictment, information, or criminal complaint is an accusation. A defendant is presumed innocent unless and until proven guilty.
Description: The fiscal year of the data file obtained from the AOUSC
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Description: The code of the federal judicial circuit where the case was located
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Description: The code of the federal judicial district where the case was located
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Description: The code of the district office where the case was located
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Description: Docket number assigned by the district to the case
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Description: A unique number assigned to each defendant in a case which cannot be modified by the court
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Description: A unique number assigned to each defendant in a case which can be modified by the court
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Description: A sequential number indicating whether a case is an original proceeding or a reopen
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Description: Case type associated with the current defendant record
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Description: The date upon which a defendant became a fugitive
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Description: The date upon which a fugitive defendant was taken into custody
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Description: The date when a case was first docketed in the district court
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Description: The date upon which proceedings in a case commenced on charges pending in the district court where the defendant appeared, or the date of the defendant’s felony-waiver of indictment
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Description: The date when a defendant first appeared before a judicial officer in the district court where a charge was pending
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Description: A code indicating the severity associated with FTITLE1
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Description: A code indicating the level of offense associated with FTITLE2
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Description: The four digit AO offense code associated with FTITLE2
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Description: The four digit D2 offense code associated with FTITLE2
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Description: A code indicating the severity associated with FTITLE2
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Description: The FIPS code used to indicate the county or parish where an offense was committed
Format: A5
Description: The date of the last action taken on the record
Format: YYYYMMDD
Description: The date upon which judicial proceedings before the court concluded
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Description: The date upon which the final sentence is recorded on the docket
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Description: The date upon which the case was closed
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Description: A count of defendants terminated excluding interdistrict transfers
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Description: A count of original proceedings terminated
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Description: A count of defendants terminated whose proceedings commenced by reopen, remand, appeal, or retrial
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Description: A count of defendants pending as of the last day of the period including long term fugitives
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Description: A count of defendants pending as of the last day of the period excluding long term fugitives
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Description: The source from which the data were loaded into the AOUSC’s NewSTATS database
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Description: A sequential number indicating the iteration of the defendant record
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Description: The date the record was loaded into the AOUSC’s NewSTATS database
Format: YYYYMMDD
Description: Statistical year ID label on data file obtained from the AOUSC which represents termination year
PHILADELPHIA – U.S. Attorney William M. McSwain announced that Milton Mateo Garcia-Vasquez, 32, of Philadelphia, Pennsylvania and a citizen of Honduras, entered a plea of guilty before United States District Judge Paul S. Diamond on the charge of unlawfully re-entering the United States after being deported.
The defendant was previously deported and removed from the United States on June 18, 2013, and never requested or received authorization to re-enter the country. Nonetheless, he broke the law by re-entering the country and then proceeded to commit burglary, kidnapping and rape in Philadelphia. The defendant was arrested on June 23, 2014 by Philadelphia Police officers and charged with these and other crimes in connection with a rape near Rittenhouse Square. The defendant pleaded guilty to those charges in 2015 and was sentenced to a total of 22-44 years in prison.
“This case is a law-abiding citizen’s nightmare: an illegal alien who has been previously deported comes back into the country illegally and commits appalling crimes. And it is a reminder of why we are a nation of laws and why those laws – including immigration laws – should be respected and enforced. My Office will continue to enforce federal law in a neutral, non-partisan manner, which is the only way to ensure public safety. And I call on Philadelphia city officials and the District Attorney to stop treating the criminal justice system like a game in which they play political favorites. There is simply too much at stake for that sort of nonsense. The public deserves better.”
“ICE deportation officers not only identify and arrest dangerous criminals in our communities, they also remove them, thereby protecting public safety,” said Simona Flores-Lund, Field Office Director for U.S. Immigration and Customs Enforcement (ICE) Enforcement and Removal Operations (ERO) Philadelphia. “ICE continues to face significant obstacles with policies created by local officials which hinder cooperation between ICE and local law enforcement. Yet, the tireless efforts of the men and women of ICE directly contribute to making our communities safer.”
The case was investigated by Immigration and Customs Enforcement (“ICE”), and is being prosecuted by Assistant United States Attorney Mary E. Crawley.
Description: The fiscal year of the data file obtained from the AOUSC
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Description: The code of the federal judicial circuit where the case was located
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Description: The code of the federal judicial district where the case was located
Format: A2
Description: The code of the district office where the case was located
Format: A2
Description: Docket number assigned by the district to the case
Format: A7
Description: A unique number assigned to each defendant in a case which cannot be modified by the court
Format: A3
Description: A unique number assigned to each defendant in a case which can be modified by the court
Format: A3
Description: A sequential number indicating whether a case is an original proceeding or a reopen
Format: N5
Description: Case type associated with the current defendant record
Format: A2
Description: A concatenation of district, office, docket number, case type, defendant number, and reopen sequence number
Format: A18
Description: A concatenation of district, office, docket number, case type, and reopen sequence number
Format: A15
Description: The status of the defendant as assigned by the AOUSC
Format: A2
Description: A code indicating the fugitive status of a defendant
Format: A1
Description: The date upon which a defendant became a fugitive
Format: YYYYMMDD
Description: The date upon which a fugitive defendant was taken into custody
Format: YYYYMMDD
Description: The date when a case was first docketed in the district court
Format: YYYYMMDD
Description: The date upon which proceedings in a case commenced on charges pending in the district court where the defendant appeared, or the date of the defendant’s felony-waiver of indictment
Format: YYYYMMDD
Description: A code used to identify the nature of the proceeding
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Description: The date when a defendant first appeared before a judicial officer in the district court where a charge was pending
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Description: A code indicating the event by which a defendant appeared before a judicial officer in the district court where a charge was pending
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Description: A code indicating the type of legal counsel assigned to a defendant
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Description: The title and section of the U.S. Code applicable to the offense committed which carried the highest severity
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Description: A code indicating the level of offense associated with FTITLE1
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Description: The four digit AO offense code associated with FTITLE1
Format: A4
Description: The four digit D2 offense code associated with FTITLE1
Format: A4
Description: A code indicating the severity associated with FTITLE1
Format: A3
Description: The FIPS code used to indicate the county or parish where an offense was committed
Format: A5
Description: The date of the last action taken on the record
Format: YYYYMMDD
Description: The date upon which judicial proceedings before the court concluded
Format: YYYYMMDD
Description: The date upon which the final sentence is recorded on the docket
Format: YYYYMMDD
Description: The date upon which the case was closed
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Description: The total fine imposed at sentencing for all offenses of which the defendant was convicted and a fine was imposed
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Description: A count of defendants filed including inter-district transfers
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Description: A count of defendants filed excluding inter-district transfers
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Description: A count of original proceedings commenced
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Description: A count of defendants filed whose proceedings commenced by reopen, remand, appeal, or retrial
Format: N1
Description: A count of defendants terminated including interdistrict transfers
Format: N1
Description: A count of defendants terminated excluding interdistrict transfers
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Description: A count of original proceedings terminated
Format: N1
Description: A count of defendants terminated whose proceedings commenced by reopen, remand, appeal, or retrial
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Description: A count of defendants pending as of the last day of the period including long term fugitives
Format: N1
Description: A count of defendants pending as of the last day of the period excluding long term fugitives
Format: N1
Description: The source from which the data were loaded into the AOUSC’s NewSTATS database
Format: A10
Description: A sequential number indicating the iteration of the defendant record
Format: N2
Description: The date the record was loaded into the AOUSC’s NewSTATS database
Format: YYYYMMDD
Description: Statistical year ID label on data file obtained from the AOUSC which represents termination year
PHILADELPHIA, PA – On February 6, 2019, United States Attorney William M. McSwain convened a press conference to highlight the Eastern District of Pennsylvania’s recent efforts to combat the opioid crisis. U.S. Attorney McSwain announced two separate criminal indictments charging 14 individuals with a multitude of crimes, including conspiracy to dispense and distribute controlled substances outside the course of professional practice and without a legitimate medical purpose; distribution of oxycodone; health care fraud; and maintaining a drug-involved premises. U.S. Attorney McSwain also announced details about a civil lawsuit his Office has filed to prevent the establishment of a facility in Philadelphia where drug users would go to inject themselves with illegal narcotics. The suit, filed against the nonprofit corporation Safehouse and its Executive Director, Jeanette Bowles, seeks a judicial decree that Safehouse’s planned opening of one or more so-called “consumption rooms” would violate federal law. This lawsuit is the first of its kind in the United States.
Remarks as Prepared for Delivery
Good morning. I’m Bill McSwain, the U.S. Attorney, and I am here today to update the public on our ongoing efforts to combat the opioid epidemic in the Eastern District of Pennsylvania, and to make some specific announcements about several important cases in our District.
First, I want to recognize and thank the representatives from multiple federal, state, and local law enforcement partners that are here today as part of our announcement of two recent criminal indictments. Thank you to the Federal Bureau of Investigation; the Drug Enforcement Administration; the Department of Health and Human Services, Office of Inspector General; the Department of Labor, Office of Inspector General; the Office of Personnel Management; Pennsylvania Department of State; the Pennsylvania Office of the Attorney General; the Abington Police Department; the Easttown Township Police Department, and the Philadelphia Police Department.
I also want to thank Greg David, the Chief of our Civil Division at the U.S. Attorney’s Office, who is here with me to announce developments on the civil enforcement front.
Our collaborative approach to attacking the opioid epidemic includes aggressive criminal prosecutions and other initiatives to promote awareness, prevention, and addiction recovery. On both the criminal and civil side, we continue to focus on stopping the illicit production, distribution, and use of opioids. It is our duty to hold accountable those who have flooded our streets with heroin, synthetic opioids, and prescription opioids, and we will continue to indict and aggressively prosecute, including through civil penalty, everyone in that supply chain: manufacturers, importers, distributors, doctors, pharmacies, organized crime, and street dealers. Those who make money by illegally exploiting addiction will be caught and prosecuted to the fullest extent of the law.
Prosecuting doctors who run “pill mills” and commit Medicare fraud is a priority for the Department of Justice and this Office, and two recent cases in the Eastern District are excellent examples of our work in this area. In one case, we charged physicians Murray Soss and Frederick Reichle with operating a pill mill medical practice out of Dr. Soss’s medical office in Philadelphia, and charged Dr. Soss with healthcare fraud for billing medically unnecessary charges to Medicare. The indictment describes an elaborate scheme in which Dr. Soss paid others to recruit so-called “patients” seeking oxycodone and then paid Dr. Reichle to write prescriptions for those patients in Dr. Soss’s office, even though they had no medical need for the prescriptions. According to the indictment, Dr. Soss recruited Dr. Reichle after his own medical license was suspended by the Drug Enforcement Administration (DEA). And in one particularly heinous example, Dr. Soss even directed Dr. Reichle to write oxycodone prescriptions for a long-time patient with whom Dr. Soss had a sexual relationship, knowingly feeding this victim’s addiction in order to obtain sexual favors.
In a second recent case, we have charged eight physicians, four physicians’ assistants, and an office manager in connection with the operation of a pill mill at Advanced Urgent Care (or AUC). AUC is a provider of medical services, including pain management, with four locations throughout the Eastern District of Pennsylvania. The superseding indictment charges Dr. Frederick Reichle (again) along with Dr. Mehdi Nikparvar-Fard, Dr. Vincent Thompson, Dr. Loretta Brown, Dr. Avrom Brown, Dr. Marcus Rey Williams, Dr. William Demedio, and Dr. Neil Cutler; Physician’s Assistants Mitchell White, Jason Dillinger, Debra Cortez, and Samantha Hollis; and Office Manager Joanne Rivera, with multiple drug crimes.
Through a long-term, coordinated, multi-agency investigation, it became clear that AUC was functioning as a “pill mill” in its treatment of pain management patients. Our law enforcement partners worked with our Office to uncover a whopping number of illegal prescriptions – at least 3,678 alleged illegal prescriptions that were medically unnecessary. We uncovered a pattern of abuse where these doctors and physician’s assistants provided patient after patient with oxycodone – often despite clear evidence of overt illicit drug use and despite no diagnostic reason supporting the prescriptions.
As we work to stem the tide of illegal, medically unnecessary prescriptions, we remain committed to taking out violent drug-traffickers who operate on the streets and suppliers who cause overdose deaths. Recently, working again with the DEA, we secured a guilty verdict against Angel Luis Concepcion-Rosario, of Reading, Pennsylvania, for trafficking in fentanyl. Fentanyl, of course, is the deadliest and most unpredictable opioid we see on the streets, and fentanyl is a major source of the spike in overdose deaths in Philadelphia.
A federal jury also recently convicted Emma Semler of Collegeville, Pennsylvania, for distributing heroin and thereby killing her friend. The jury at the Semler trial heard about how the defendant supplied the victim with heroin, watched as she injected it, and then fled the scene when she realized the victim was overdosing on the bathroom floor of a fast-food restaurant in West Philadelphia, leaving her to die. Both defendants - Concepcion-Rosario and Semler - await sentencing, and we will do everything in our power to ensure they receive the punishment that they both deserve.
I’m grateful for the hard work of our agency partners and of those in my Office who prosecuted these cases, especially Assistant United States Attorneys Karen Marston, Jason Bologna, Seth Schlessinger, Kishan Nair, Randy Hsia, and Nicole Phillips. By enforcing our drug laws in these cases and others, we prevent addiction and violence from spreading.
Beyond our criminal prosecutions and civil enforcement work, our Office participates in many types of outreach programs that focus on prevention and addiction recovery. One such program of particular note is Relapse Prevention Court, a program just launched in October 2018 in coordination with the U.S. District Court, the Federal Defenders’ Office, and U.S. Pretrial Services. Relapse Prevention Court helps non-violent drug users who have entered the criminal justice system to maximize opportunities for long-term recovery from substance abuse while they complete their terms of supervised release. The key attribute of this program is that it provides participants with a path forward to long-term addiction recovery while abiding by federal, state, and local laws.
The work that we do in all these areas helps to keep drugs out of our communities and sends a powerful deterrent message. And this work helps to save lives.
Today also marks a new chapter in the federal government’s fight against the opioid epidemic. Philadelphia is, in many ways, ground zero in this crisis. That is why my Office, and our dedicated federal, state, and local law enforcement partners, stand together today to reassure the community that we are aggressively fighting this epidemic by deploying all of the tools and resources at our disposal.
I am here to announce that the United States Attorney’s Office for the Eastern District of Pennsylvania has filed a federal civil lawsuit – the first of its kind in the United States – to ask the U.S. District Court to declare that so-called “supervised injection sites” violate federal law. Because these deadly drug injection sites undoubtedly do violate the law. And because it is the Department’s job to promote and enforce the rule of law, not to look the other way. Normalizing the use of deadly drugs like heroin and fentanyl is not the answer to solving the opioid epidemic.
The civil lawsuit that we have filed names Safehouse, a private, non-profit corporation formed for the specific purpose of opening a deadly drug injection site in the Kensington neighborhood of Philadelphia. Safehouse was incorporated in August 2018, after the Philadelphia Mayor’s Office publicly endorsed the idea of opening an injection site and Philadelphia District Attorney Larry Krasner pledged not to bring charges against those who fund, operate, or use such sites.
Emboldened by the Mayor’s support and the District Attorney’s blessing, Safehouse ramped up its operations in the months that followed. Its website described how the site would be operated: as drug users arrived at Safehouse, staff would direct them to a “consumption room,” provide them with drug paraphernalia, and observe the users as they prepare and inject themselves with illegal narcotics. Safehouse’s staff would monitor the users for signs of overdose and, if necessary, step in and try to provide overdose reversal services.
Let’s step back for a moment, consider the big picture, and discuss what we really know about injections sites. Safehouse claims that an injection site in Philadelphia would “save lives.” But are we sure about that? Consider the study the City of Philadelphia commissioned to evaluate this very issue. The way the study qualified its recommendations is telling:
The vast majority of the available evidence in recent years comes from only one Supervised Consumption Facility, the [facility] in Vancouver, Canada. The current models for harm-reduction estimates are sensitive to population-specific factors. In turn, hyper-local population-level characteristics . . . and social and economic factors determine the need and potential utilization by [drug users] of Supervised Consumption Facilities. The majority of the available literature with useful statistical methodology and analysis relies more commonly on the Vancouver Supervised Consumption Facility than on any other site. It is uncertain how relevant or applicable the assumptions are to communities in other geographies.
The study, by Main Line Health Center at Lankenau Institute for Medical Research, went on to caution that “[b]ecause it appears that existing Supervised Consumption Sites have not incorporated rigorous evaluation into their design and implementation, it has been difficult to disentangle the full impact of Supervised Consumption Sites on relevant harm-reduction outcomes.”
Translation: the study has no idea whether an injection site in Philadelphia would actually save lives. So when Safehouse declares that an injection site would save lives, all they’re doing is speculating and trying to pass it off as fact. They have no proof and no reliable data. There is no expert consensus that this plan would do any good for anybody.
But here is what we do know: setting up a drug house is illegal. And on the legal issues in this case, our position has remained firm and our communications to Safehouse clear. Safehouse’s operation would violate federal law, namely, section 856(a)(2) of the Controlled Substances Act. That section makes it unlawful to “manage or control any place” that is “knowingly and intentionally . . . ma[d]e available for use . . . for the purpose of unlawfully . . . using a controlled substance.” On November 9, 2018, I sent a letter to Safehouse, advising that if it went forward with its plans as described, my Office would pursue appropriate remedies unless Safehouse provided me with assurances that it would comply with the law. In response, Safehouse provided no such assurances, and its actions (most recently, its hiring of an Executive Director last month) point to the opposite conclusion.
The law is clear – and my job is to respect and enforce the rule of law. If Safehouse wants to operate an injection site, it should work through the democratic process to try to change the law. It should not expect prosecutors to turn a blind eye to wholesale illegal behavior and play politics by allowing political ideologies to determine their prosecutorial decisions. That would be an abandonment of my oath to enforce the law. While that may be a way of life for the Philadelphia District Attorney, it is something that I will never do.
And how much political support do injection sites really have among our law making bodies, anyway? The answer is none. Congress does not support the idea, the Pennsylvania legislature does not support it, nor does the Philadelphia City Council. Councilwoman Maria Quinones Sanchez, whose district includes Kensington, does not support injection sites. Governor Wolf does not support them, nor does Pennsylvania Attorney General Shapiro.
What is Safehouse’s response to this lack of support and to the fact that it is illegal under federal law to set up a drug house? Their response is defiance. Their response is that they are beholden to a supposedly higher power than our laws; they are beholden to saving lives. While I do not doubt Safehouse’s good intentions, substituting its judgment in place of the law is not the way that democracy works. It is not the way that a republic works. If Safehouse doesn’t like the law, it should channel its efforts into changing it. The bottom line is that when it comes to our justice system, there is no higher purpose than respecting the rule of law when our laws are consistent with our Constitution and enacted by our democratically elected representatives. If you think that you’re above the law, you’ll soon find yourself in court to account for your actions. That is exactly the situation here.
In closing, the lawsuit that we have filed is a necessary and important step in the Justice Department’s enforcement of our federal drug laws. But it is just one part of my Office’s comprehensive approach to addressing the opioid crisis. Again, I want to thank all of the law enforcement partners here today; we are proud to stand with you as we fight this crisis together.
Thank you, and at this time, I am happy to take your questions relating to these announcements.
PHILADELPHIA – U.S. Attorney William M. McSwain announced that Angel Luis Concepcion-Rosario, 48, of Reading, PA was convicted today by a jury of one count of possession with intent to distribute, and aiding and abetting the possession with intent to distribute, 40 grams or more of fentanyl, a lethal synthetic opioid. The sentencing hearing is scheduled on April 4, 2019 before the Honorable Joseph F. Leeson, Jr.
In December 2016, DEA initiated an investigation into a drug trafficking organization (DTO) operating in the Eastern District of Pennsylvania, and in April 2017, a federal district judge authorized the first of multiple wiretaps targeting certain individuals’ phones. On June 16, 2017, phone interceptions revealed that an individual was going to supply a quantity of drugs to the defendant. On June 17, 2017, DEA agents observed the drug transaction between the individual and the defendant. After a traffic stop, the defendant was found to have approximately 199 grams of fentanyl in his vehicle and was arrested.
“Fentanyl’s high potency and unpredictable effects continue to lead to victims overdosing and dying in record numbers in this country,” said U.S. Attorney McSwain. “A very small amount of fentanyl can be lethal. We are glad that the Drug Enforcement Administration and the Pennsylvania State Police acted swiftly in this matter to take this harmful drug off the street, and we are thankful that the jury held the defendant accountable for his crime.”
The case was investigated by the Drug Enforcement Administration and the Pennsylvania State Police, and is being prosecuted by Assistant United States Attorney Kishan Nair.
Description: The fiscal year of the data file obtained from the AOUSC
Format: YYYY
Description: The code of the federal judicial circuit where the case was located
Format: A2
Description: The code of the federal judicial district where the case was located
Format: A2
Description: The code of the district office where the case was located
Format: A2
Description: Docket number assigned by the district to the case
Format: A7
Description: A unique number assigned to each defendant in a case which cannot be modified by the court
Format: A3
Description: A unique number assigned to each defendant in a case which can be modified by the court
Format: A3
Description: A sequential number indicating whether a case is an original proceeding or a reopen
Format: N5
Description: Case type associated with the current defendant record
Format: A2
Description: Case type associated with a magistrate case if the current case was merged from a magistrate case
Format: A2
Description: A concatenation of district, office, docket number, case type, defendant number, and reopen sequence number
Format: A18
Description: A concatenation of district, office, docket number, case type, and reopen sequence number
Format: A15
Description: The docket number originally given to a case assigned to a magistrate judge and subsequently merged into a criminal case
Format: A7
Description: A unique number assigned to each defendant in a magistrate case
Format: A3
Description: The status of the defendant as assigned by the AOUSC
Format: A2
Description: A code indicating the fugitive status of a defendant
Format: A1
Description: The date upon which a defendant became a fugitive
Format: YYYYMMDD
Description: The date upon which a fugitive defendant was taken into custody
Format: YYYYMMDD
Description: The date when a case was first docketed in the district court
Format: YYYYMMDD
Description: The date upon which proceedings in a case commenced on charges pending in the district court where the defendant appeared, or the date of the defendant’s felony-waiver of indictment
Format: YYYYMMDD
Description: A code used to identify the nature of the proceeding
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Description: The date when a defendant first appeared before a judicial officer in the district court where a charge was pending
Format: YYYYMMDD
Description: A code indicating the event by which a defendant appeared before a judicial officer in the district court where a charge was pending
Format: A2
Description: A code indicating the type of legal counsel assigned to a defendant
Format: N2
Description: The title and section of the U.S. Code applicable to the offense committed which carried the highest severity
Format: A20
Description: A code indicating the level of offense associated with FTITLE1
Format: N2
Description: The four digit AO offense code associated with FTITLE1
Format: A4
Description: The four digit D2 offense code associated with FTITLE1
Format: A4
Description: A code indicating the severity associated with FTITLE1
Format: A3
Description: The FIPS code used to indicate the county or parish where an offense was committed
Format: A5
Description: The date of the last action taken on the record
Format: YYYYMMDD
Description: The date upon which judicial proceedings before the court concluded
Format: YYYYMMDD
Description: The date upon which the final sentence is recorded on the docket
Format: YYYYMMDD
Description: The date upon which the case was closed
Format: YYYYMMDD
Description: The total fine imposed at sentencing for all offenses of which the defendant was convicted and a fine was imposed
Format: N8
Description: A count of defendants filed including inter-district transfers
Format: N1
Description: A count of defendants filed excluding inter-district transfers
Format: N1
Description: A count of original proceedings commenced
Format: N1
Description: A count of defendants filed whose proceedings commenced by reopen, remand, appeal, or retrial
Format: N1
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Format: N1
Description: A count of defendants terminated excluding interdistrict transfers
Format: N1
Description: A count of original proceedings terminated
Format: N1
Description: A count of defendants terminated whose proceedings commenced by reopen, remand, appeal, or retrial
Format: N1
Description: A count of defendants pending as of the last day of the period including long term fugitives
Format: N1
Description: A count of defendants pending as of the last day of the period excluding long term fugitives
Format: N1
Description: The source from which the data were loaded into the AOUSC’s NewSTATS database
Format: A10
Description: A sequential number indicating the iteration of the defendant record
Format: N2
Description: The date the record was loaded into the AOUSC’s NewSTATS database
Format: YYYYMMDD
Description: Statistical year ID label on data file obtained from the AOUSC which represents termination year
Description: The fiscal year of the data file obtained from the AOUSC
Format: YYYY
Description: The code of the federal judicial circuit where the case was located
Format: A2
Description: The code of the federal judicial district where the case was located
Format: A2
Description: The code of the district office where the case was located
Format: A2
Description: Docket number assigned by the district to the case
Format: A7
Description: A unique number assigned to each defendant in a case which cannot be modified by the court
Format: A3
Description: A unique number assigned to each defendant in a case which can be modified by the court
Format: A3
Description: A sequential number indicating whether a case is an original proceeding or a reopen
Format: N5
Description: Case type associated with the current defendant record
Format: A2
Description: Case type associated with a magistrate case if the current case was merged from a magistrate case
Format: A2
Description: A concatenation of district, office, docket number, case type, defendant number, and reopen sequence number
Format: A18
Description: A concatenation of district, office, docket number, case type, and reopen sequence number
Format: A15
Description: The docket number originally given to a case assigned to a magistrate judge and subsequently merged into a criminal case
Format: A7
Description: A unique number assigned to each defendant in a magistrate case
Format: A3
Description: The status of the defendant as assigned by the AOUSC
Format: A2
Description: A code indicating the fugitive status of a defendant
Format: A1
Description: The date upon which a defendant became a fugitive
Format: YYYYMMDD
Description: The date upon which a fugitive defendant was taken into custody
Format: YYYYMMDD
Description: The date when a case was first docketed in the district court
Format: YYYYMMDD
Description: The date upon which proceedings in a case commenced on charges pending in the district court where the defendant appeared, or the date of the defendant’s felony-waiver of indictment
Format: YYYYMMDD
Description: A code used to identify the nature of the proceeding
Format: N2
Description: The date when a defendant first appeared before a judicial officer in the district court where a charge was pending
Format: YYYYMMDD
Description: A code indicating the event by which a defendant appeared before a judicial officer in the district court where a charge was pending
Format: A2
Description: A code indicating the type of legal counsel assigned to a defendant
Format: N2
Description: The title and section of the U.S. Code applicable to the offense committed which carried the highest severity
Format: A20
Description: A code indicating the level of offense associated with FTITLE1
Format: N2
Description: The four digit AO offense code associated with FTITLE1
Format: A4
Description: The four digit D2 offense code associated with FTITLE1
Format: A4
Description: A code indicating the severity associated with FTITLE1
Format: A3
Description: The FIPS code used to indicate the county or parish where an offense was committed
Format: A5
Description: The date of the last action taken on the record
Format: YYYYMMDD
Description: The date upon which judicial proceedings before the court concluded
Format: YYYYMMDD
Description: The date upon which the final sentence is recorded on the docket
Format: YYYYMMDD
Description: The date upon which the case was closed
Format: YYYYMMDD
Description: The total fine imposed at sentencing for all offenses of which the defendant was convicted and a fine was imposed
Format: N8
Description: A count of defendants filed including inter-district transfers
Format: N1
Description: A count of defendants filed excluding inter-district transfers
Format: N1
Description: A count of original proceedings commenced
Format: N1
Description: A count of defendants filed whose proceedings commenced by reopen, remand, appeal, or retrial
Format: N1
Description: A count of defendants terminated including interdistrict transfers
Format: N1
Description: A count of defendants terminated excluding interdistrict transfers
Format: N1
Description: A count of original proceedings terminated
Format: N1
Description: A count of defendants terminated whose proceedings commenced by reopen, remand, appeal, or retrial
Format: N1
Description: A count of defendants pending as of the last day of the period including long term fugitives
Format: N1
Description: A count of defendants pending as of the last day of the period excluding long term fugitives
Format: N1
Description: The source from which the data were loaded into the AOUSC’s NewSTATS database
Format: A10
Description: A sequential number indicating the iteration of the defendant record
Format: N2
Description: The date the record was loaded into the AOUSC’s NewSTATS database
Format: YYYYMMDD
Description: Statistical year ID label on data file obtained from the AOUSC which represents termination year
Philadelphia – Today, a federal jury found Renee Tartaglione, 61, of Philadelphia, PA, guilty on all counts of conspiracy, fraud, and theft from a nonprofit clinic that provided mental health services to persons eligible under Medicaid. Tartaglione defrauded the Juniata Community Mental Health Clinic (JCMHC) by misappropriating funds of the clinic. Tartaglione was also convicted of falsifying her federal income tax returns by underreporting her income for tax years 2008, 2009, 2010, and 2012.
According to the evidence presented at trial, between 2007 and 2015, Tartaglione, as President of JCMHC’s Board of Directors, defrauded and stole money from JCMHC through a series of actions designed to benefit her personally at the expense of the clinic. Tartaglione purchased the building on 3rd Street in Philadelphia that housed the clinic and then raised the rent repeatedly; causing the clinic’s rent for the 3rd Street building to increase from $4,500 per month to $25,000 per month.
Additionally, as of 2010, Tartaglione’s company, Norris Hancock LLC, acquired an interest in a building on 5th Street, and Tartaglione began to cause the clinic to spend money to fix up that building. Then, in December 2012, Tartaglione leased that building to JCMHC under a lease that called for rent of $35,000 per month for the first two years, and $75,000 per month for the next three years. The rent Tartaglione charged the nonprofit clinic at both buildings was substantially in excess of the market rent.
None of the JCMHC rent increases or the lease agreements were approved by JCMHC’s Board of Directors. Tartaglione and her co-conspirators created false and fictitious documents in an attempt to make the transactions appear legitimate.
Tartaglione’s crimes against the Juniata Mental Health Clinic are unfortunate examples of how those in control of non-profits can abuse them for their personal enrichment,” said Acting United States Attorney Louis D. Lappen. “Her fraudulent scheme did serious damage to the community she was supposed to serve -- denying mental health services to economically disadvantaged people.”
“Nonprofit work is generally understood to be personally fulfilling – not financially enriching,” said Harpster. “The defendant disagreed. She brazenly diverted, for her own use, money meant to improve mental health care for the underprivileged and underserved. While doing so, she shortchanged her community, and stole from U.S. taxpayers. The FBI will continue to investigate and hold accountable those misappropriating federal government funds.”
"IRS Criminal Investigation provides financial investigative expertise in our work with our law enforcement partners. Today's verdict demonstrates our collective efforts to enforce the law and ensure public trust," said IRS-CI Acting Special Agent In Charge Gregory Floyd. "Renee Tartaglione made a conscious decision to deceive and benefit personally at the expense of others, and she is now a convicted felon as a result. Today's guilty verdict should send a clear message to those contemplating a similar crime."
“Non-profit entities are supposed to protect our truly disadvantaged. When members of our City are in their most trying times, they turn to organizations like Juniata Community Mental Health, and other contractors of the City’s Community Behavioral Health, for honest and compassionate assistance,” said Amy Kurland, Philadelphia Inspector General. “Theft within our City’s non-profit sector is profoundly harmful because it victimizes those who have already been victimized. That is why my office will forever be committed to protecting the integrity of charitable services within Philadelphia – and we are very grateful to have partners like the USAO and FBI who are equally committed to that mission.”
This case was investigated by the FBI, IRS Criminal Investigation, and the Philadelphia Office of the Inspector General. Assistant United States Attorney Bea Witzleben and Trial Attorney Peter N. Halpern of the Criminal Division’s Public Integrity Section are prosecuting the case.
PHILADELPHIA – United States Attorney Jennifer Arbittier Williams announced that David Roda, 36, of Philadelphia, PA, was charged by Criminal Information with insider trading.
The defendant was an employee of Penn Interactive, a wholly-owned subsidiary of Penn National Gaming, Inc., and served as its Director of Backend Architecture. The Information alleges that in this capacity, Roda learned in early July 2021 that Penn National was considering a potential acquisition of Score Media and Gaming, Inc., and knew that he had a duty to keep this information confidential. Nonetheless, on July 22, 2021, using this material, non-public information, Roda purchased 200 Score Media call option contracts for approximately $13,000. Moreover, after a senior officer at Penn Interactive informed Roda in August 2021 that the acquisition would be announced within days, Roda allegedly purchased 300 more Score Media call option contracts for approximately $7,000. The following day, Penn National announced its agreement to acquire Score Media, and Score Media’s stock price rose drastically. The defendant then closed out his Score Media call option contracts for approximately $580,000, netting personal profits of approximately $560,000.
“Insider trading undermines faith in our financial markets and harms ordinary investors who play by the rules,” said U.S. Attorney Williams. “As alleged, David Roda placed himself above the law by using information to which he had privileged access to cheat the market and other investors. Our Office will continue to work with our law enforcement partners to maintain the integrity of the financial markets.”
“David Roda allegedly traded on material, non-public information and made out like a bandit,” said Jacqueline Maguire, Special Agent in Charge of the FBI’s Philadelphia Division. “Insider trading like that is patently unfair to investors and a direct threat to the integrity of our financial markets. The FBI takes this crime seriously, and if you decide the risk of such illegal behavior is worth the potential reward, know that we will investigate and ensure you’re held accountable.”
The case was investigated by the Federal Bureau of Investigation, and is being prosecuted by Assistant United States Attorney Patrick J. Murray. The parallel civil enforcement proceeding was filed by the Securities and Exchange Commission’s Philadelphia Regional Office, under the direction of Norman Ostrove.
An indictment, information, or criminal complaint is an accusation. A defendant is presumed innocent unless and until proven guilty.
PHILADELPHIA – Dr. Alan Summers, 78, of Ambler, PA, pleaded guilty to an indictment charging him in a scheme to sell commonly abused prescription drugs in exchange for cash payments. Dr. Summers pleaded guilty to conspiracy to distribute controlled substances, distribution of controlled substances, health care fraud, and money laundering, and was announced by Acting United States Attorney Louis D. Lappen, Drug Enforcement Administration Special Agent-in-Charge Gary Tuggle, and Special Agent-in-Charge Nick DiGiulio with Health and Human Services Office of Inspector General.
Dr. Summers operated a medical clinic on South Broad Street in Philadelphia, and sometimes operated under the business name “NASAPT” (National Association for Substance Abuse-Prevention & Treatment). Dr. Summers employed numerous other doctors, including co-defendants Dr. Azad Khan and Dr. Keyhosrow Parsia. The defendants sold prescriptions for Suboxone and Klonopin in exchange for cash payments. Suboxone is a brand name for a drug used to treat opiate addiction. None of the defendants conducted medical examinations or mental health examinations as required by law in order to legally prescribe these controlled substances. Dr. Summers also assisted his customers in obtaining health insurance benefits for these illegally prescribed controlled substances by providing false information to health insurance companies so that his customers could fill the prescriptions using their health insurance. Many of the customers who frequented this clinic were, in fact, drug dealers or drug addicts who sold the prescribed medications. During the duration of the conspiracy, Dr. Summers illegally sold over $5 million worth of controlled substances.
“We have a public health crisis in this county involving prescription drug abuse that is exacerbated by doctors like Alan Summers,” said Lappen. “Every doctor who abandons his or her ethics to engage in the prescription-for-pay culture is breaking the law. They need to ask themselves whether it is worth the money to put people in danger, to risk the loss of their medical licenses, and to lose their freedom. Our office will continue to investigate and prosecute those individuals whose unscrupulous and illegal conduct contributes to this deadly epidemic.”
“The charges that Dr. Summers have plead to are serious and the penalties for such crimes are severe. Doctors take an oath to uphold specific ethical and medical standards; Dr. Summers failed to maintain those standards when he made the decision to engage in the criminal distribution of controlled substances,” said Gary Tuggle, Special Agent in Charge of the Drug Enforcement Administration’s (DEA) Philadelphia Division. “We are in the midst of the worst drug epidemic in our country’s history -- rogue doctors play a key role in the illegal diversion of controlled substances that all too often leads to abuse and heroin use.”
“Doctors who enable addicts betray their profession,” said DiGiulio. “In this case the defendants illegally prescribed dangerous controlled drugs and caused government health care programs to pay the fraudulent bills, while the drugs were sold on the streets. We will continue to work with our partners to dismantle dangerous pill mills, protect government funds, and keep the public safe.”
Sentencing has been set for May 22, 2017.
The case was investigated by the Drug Enforcement Administration, the Department of Health and Human Services Office of the Inspector General, and the Internal Revenue Service Criminal Investigations, with assistance from the Philadelphia Police Department and the Pennsylvania Bureau of Narcotics Investigations. It is being prosecuted by Assistant United States Attorney Robert Livermore.
PHILADELPHIA – United States Attorney William M. McSwain released a compilation of government and legal resources today that are available to the Philadelphia community during the coronavirus pandemic. This list includes updated information for legal services organizations, as well as other resources provided by both the state and federal government.
“My Office is committed to providing our District with up-to-date information to help the community through this unprecedented time,” said U.S. Attorney McSwain. “We have all been forced to adjust to major changes in our daily lives, and we hope that these legal and governmental resources can make that process a little easier for many.”
The below information is available and accurate as of April 24, 2020.
Legal Resources
The following organizations are dedicated to providing free legal assistance to members of the Philadelphia community regarding civil issues. This includes, but is not limited to, homeownership, unemployment, healthcare, and family advocacy. None of the following organizations is affiliated with the Department of Justice. For more detailed information on a specific organization, please visit the website listed below.
Community Legal Services (CLS) (www.clsphila.org)
Walk-in Intakes: CLOSED until further notice.
Telephone Intakes: OPEN. For all CLS Units, call (215) 981-3700 and press the option for the relevant issue (for example, to reach the Employment Unit, Press 7).
Philadelphia Legal Assistance (www.philalegal.org)
Walk-in intakes CLOSED until April 30, 2020.
Telephone and Online Intakes: OPEN.
Telephone Intake: (215) 981-3800 (Monday-Thursday: 9:30 a.m. to noon)
Family Law Intake: (215) 981-3838 (Monday-Thursday: 9:30 a.m. to noon)
Unemployment Compensation Application Service Hotline: (215) 999-6910 (Monday: 9 a.m. to 1 p.m.; Tuesday: 1 p.m. to 5 p.m.;
Wednesday & Thursday: 3 p.m. to 7 p.m.; Friday: 10 a.m. to 2 p.m.)
SeniorLAW Center (www.seniorlawcenter.org)
Walk-in Intakes: CLOSED until further notice.
Telephone Intakes: OPEN.
Philadelphia: (215) 988-1242
Bucks/Montgomery: (610) 910-0210
Delaware/Chester: (610) 910-0215
Statewide: 1 (877) 727-7529
Philadelphia Lawyers for Social Equity (PLSE) (www.plsephilly.org)
PLSE is in the process of continuing its operations remotely. For the most current information, please email info@plsephilly.org or call (267) 519-5323.
Other Government Resources
This list contains updates on city government services, state and federal courts, and some federal government departments. For more detailed information on a specific organization, please visit the website listed below.
City of Philadelphia (www.phila.gov)
All Philadelphia city government buildings are CLOSED to the public.
Information regarding access to city services can be found here.
There is no scheduled interruption to trash services. Starting April 6, 2020, recycling will be collected every other week.
Philadelphia Free Libraries are CLOSED, but the public can access online resources here.
PennDOT Centers: All PennDOT Driver’s License and Photo License Centers are CLOSED until further notice. License expirations are extended to May 31, 2020. For more information, please visit www.penndot.gov.
PA Turnpike: Cash payments are temporarily suspended.
SEPTA: Bus, subway, and regional rail services are limited. Information on schedules and open routes, can be found here.
Parks & Recreation: Philadelphia Parks & Recreation buildings, playgrounds, athletic courts, and restrooms are CLOSED. This includes all rec centers, older adult centers, environmental centers, ice rinks, and the Organic Recycling Center. Some older adult centers are open to provide food. Please find that information here.
Social Security Administration (www.ssa.gov/onlineservices/)
All Social Security Administration offices are CLOSED until further notice.
All online and phone services are still available. Please call 1 (800) 772-1213 or visit the website for online services. Hours for online services are the following: Weekdays: 5 a.m. to 1 a.m.; Saturday: 5 a.m. to 11 p.m.; Sunday: 8 a.m. to 11:30 p.m.
IRS (www.irs.gov)
The income tax filing deadline has been EXTENDED until July 15, 2020.
United States District Court for the Eastern District of Pennsylvania
Physical access to federal courthouses in the Eastern District of Pennsylvania is RESTRICTED, although certain proceedings are still taking place.
All orders from the United States District Court for the Eastern District of Pennsylvania concerning the coronavirus pandemic can be found here.
United States Bureau of Prisons (BOP) (www.bop.gov)
The United States Bureau of Prisons has suspended all social and legal in-person visitation.
For more information on the BOP’s modified operations during the pandemic, please visit their coronavirus overview page found here.
First Judicial District of Pennsylvania (www.courts.phila.gov)
The First Judicial District is currently CLOSED until May 1, 2020, although certain proceedings are still taking place.
All orders from the First Judicial District of Pennsylvania concerning the coronavirus pandemic can be found here.
Pennsylvania Department of Corrections (www.cor.pa.gov)
The Pennsylvania Department of Corrections has suspended all in-person visitation to state prisons. They now offer video visitation.
If you or someone you know has been the target or victim of a fraud scheme related to the coronavirus, please report the incident to the national hotline at The National Center for Disaster Fraud at 1-866-720-5721 or at disaster@leo.gov.
Evoke Neuroscience, Inc., of New York will pay $225,000, and its co-founder/CEO David Hagedorn, Ph.D., of Jacksonville, North Carolina, will pay $220,000, to resolve alleged False Claims Act violations for causing the submission of false claims to Medicare by promoting false billing codes for a “brain health” device. The settlement was announced today by United States Attorney Jacqueline C. Romero of the Eastern District of Pennsylvania.
Dr. Hagedorn, a psychologist, co-founded Evoke as a startup in approximately 2009. Evoke sold its “eVox” device primarily to general practitioner physicians. The device involves a 20-60 minute in-office application of a helmet with electrodes that purports to test certain brain functions. During Evoke’s initial startup phase, Dr. Hagedorn selected six billing codes for the eVox device.
The settlement resolves allegations that from January 1, 2013 through May 31, 2021, Evoke and Dr. Hagedorn promoted to health care providers six false billing codes for Medicare reimbursement for the eVox device. By promoting false billing codes to health care providers, Evoke and Dr. Hagedorn caused the providers to submit false claims to Medicare. The United States contends that none of the codes were ever appropriate for the eVox device as applied because the codes generally require a longer testing time, a specialized environment (e.g., soundproof/dark room), and can only be administered by a relevant specialist. Moreover, the United States contends that Evoke and Dr. Hagedorn improperly encouraged health care providers to bill multiple codes for a single application of the eVox device. In 2018, coding consultants informed Evoke that many of the billing codes it was promoting were problematic, after which time Evoke stopped promoting the false codes.
“There is no ‘startup’ exception under the False Claims Act,” said U.S. Attorney Romero. “You will be held accountable if you knowingly promote false billing codes to others.”
This settlement resolves claims originally brought by Kevin Vance, M.D., and Angel Vance, R.N., of Madison, Mississippi to whom, among others, Evoke marketed the eVox system. The case was brought under the whistleblower, or qui tam, provisions of the False Claims Act. The Act permits private citizens with knowledge of fraud against the government to bring a lawsuit on behalf of the United States and to share in any recovery. The Vances will receive $89,000 of the settlement proceeds.
The lawsuit is captioned United States ex rel. Dr. Kevin Vance and Angel Vance v. Evoke Neuroscience, Inc., No. 21-452 (E.D. Pa.). The qui tam suit was initially filed in the United States District Court for the Southern District of Mississippi, and was transferred to the Eastern District of Pennsylvania, where the U.S Attorney’s Office had previously settled a False Claims Act case with a local provider involving, among other things, use of eVox: https://www.justice.gov/usao-edpa/pr/neurosurgeon-medical-practice-director-pay-over-1-million-resolve-false-claims-act.
The case was handled by Assistant United States Attorneys Matthew E. K. Howatt and Joel M. Sweet of the United States Attorney’s Office for the Eastern District of Pennsylvania, along with Auditor Dawn Wiggins and Investigator Jeff Braun, and Assistant United States Attorneys Deidre Colson, Jennifer Case, and Civil Chief Angela Williams of the United States Attorney’s Office for the Southern District of Mississippi. The U.S. Department of Health and Human Services Office of the Inspector General supported the investigation.
The government’s pursuit of this matter illustrates the government’s emphasis on combating health care fraud. One of the most powerful tools in this effort is the False Claims Act. Tips and complaints from all sources about potential fraud, waste, abuse, and mismanagement can be reported to the Department of Health and Human Services at 800-HHS-TIPS (800-447-8477) or online at https://oig.hhs.gov/fraud/report-fraud.
All civil claims are allegations only. There has been no determination of civil liability.
RALEIGH, N.C. – Armando Binelo, 46, of Pigeon Forge, Tennessee, pled guilty for his role in a 20-million-dollar leasing fraud scheme. Daniel Raymond, 54, of Mebane, previously pled guilty to conspiracy to commit mail fraud and wire fraud and was sentenced to 84 months in prison. Binelo faces up to 20 years in prison when sentenced.
“Our Assistant U.S. Attorneys are hard at work in unraveling complex financial frauds like this one, where a computer equipment supplier billed financiers for millions in a scheme that lasted years,” said U.S. Attorney Michael Easley. “The Research Triangle is a hub for tech and innovation. We are ramping up white collar fraud enforcement to ensure fraudsters who take advantage of our booming tech sector are held accountable.”
According to court documents and information presented in court, from March 2016 to January 2022, Binelo and Raymond executed a scheme to defraud financing companies in connection with computer equipment lease deals. The scheme’s targets were financing companies that offered small to medium-sized businesses (“customers”) financing and secured leases for computer servers and equipment. Under these leasing programs, financers paid for and took title to the equipment and then leased it to the customers for a fixed term. Financers entered into agreements with brokers who, for a fee, could bring potential equipment leasing opportunities to the financers for evaluation and approval. As a third-party independent financing source, financers did not manufacture or supply the computer equipment. Instead, the brokers, like Raymond, arranged for the purchase and delivery of the equipment to the customers, who then leased that equipment from the financers.
Raymond targeted financially distressed small business customers throughout the country and offered them leases for computer equipment. Typically, the customers Raymond targeted were seeking a cash infusion for operating expenses and had no immediate need for computer equipment. Nonetheless, Raymond enticed customers by offering lease deals with large cash rebates and long-term payback options. Raymond falsely assured customers that this was a common and legitimate practice and that they could always sell the computer equipment if they chose to. The cash rebates and payback options offered by Raymond were not known to or approved by the financers.
Raymond executed the lease agreements with the customers and then submitted the leases and invoices to a financer. If approved, the financer paid Raymond a lump sum payment, which was intended to represent the cost of the computer equipment to be supplied by Raymond, plus a small fee to be retained by Raymond as profit. Once the leases were signed and approved by the financer, Raymond instructed the customers to create false documents that claimed the computer equipment had been delivered, installed, and was operational at their business sites, despite no equipment being delivered or installed. These false declarations enabled the financier to pay Raymond. After Raymond obtained payment from the financers, he wired the cash rebates to the customers from his business checking account. Raymond sometimes did ship computer equipment to the customers. However, whereas the leases called for name-brand computer servers and hardware valued between $30,000 - $100,000, Raymond sent cheap computer equipment and parts.
Raymond was affiliated with the following businesses: Integrity IT Solutions, Inc. (“IITS”), Logos Consulting, LLC (“Logos”), Lendberry Corp. (“Lendberry”), US Server Supply (“USSS”), Online Concepts Inc. (“OC”), Referral Marketing Services (“RMS”), Sandriver Group, Inc. (“Sandriver”), Business Repair Consultants (“BRC”), and Buyback Funders, LLC (“Buyback”).
Binelo joined the scheme as a small business customer who entered fraudulent computer equipment leases with Raymond in exchange for cash rebates. Eventually, Binelo was recruited as a vendor/partner with various lending institutions. Under their arrangement, Raymond secured the fraudulent leases with customers, which Binelo passed off to the victim lenders. Victim lenders wired the proceeds to a bank account controlled by Binelo. Binelo took his portion of the proceeds and wired the remaining funds to Raymond.
Raymond participated in fraudulent lease deals valued at more than 20 million dollars. Binelo participated in fraudulent lease deals valued at more than 6 million dollars. Binelo pled guilty to conspiracy to commit wire and mail fraud.
Michael Easley, U.S. Attorney for the Eastern District of North Carolina made the announcement after United States District Judge Terrence W. Boyle accepted the plea. The Federal Bureau of Investigation is investigating the case and Assistant U.S. Attorney Toby Lathan is prosecuting the case.
Related court documents and information can be found on the website of the U.S. District Court for the Eastern District of North Carolina or on PACER by searching for Case No. 5:20-cr-00045-BO-1.
PHILADELPHIA – United States Attorney Jacqueline C. Romero announced that Michael Salerno, 55, of Mount Laurel, New Jersey, was sentenced today by United States District Court Judge Paul S. Diamond to 37 months’ imprisonment and ordered to pay restitution in the amount of $549,835 in connection with multiple elaborate schemes that defrauded hundreds of investors out of more than half a million dollars.
Salerno was indicted for the schemes in September of 2020, and in February 2023, pleaded guilty to three counts of wire fraud.
Between September 2016 and at least November 2018, the defendant operated a series of businesses, including Black Diamond Forex, L.P., BDF Trading, L.P., Advanta Capital Markets, Inc., and Advanta FX, each of which purported to be in the business of trading foreign currencies. Using a variety of misrepresentations and omissions, Salerno induced victims to pay advance fees — up-front payments of typically more than $1,000 — in order to be hired by Salerno’s company. He told the victims that, upon their hiring, he would make available to them a pool of $10 million that they could trade on the foreign currency market and take a generous cut of any profits. Each of these representations was false.
To make his fraudulent activities appear legitimate, Salerno held himself out as a sophisticated and successful businessman. He claimed that he had been a profitable currency trader, and to have managed a real estate empire, a portion of which he said he sold for $10 million to fund the currency-trading venture — none of which was true, either. In fact, he declared bankruptcy twice, most recently in 2015, and had been evicted multiple times from rental homes for failure to pay rent. In 2005, he pleaded guilty to federal tax charges and was sentenced to 21 months in prison. He failed to disclose any of this to the victims before taking their money, instead collecting more than $300,000 in advance fees and using the money for his own benefit.
The defendant’s currency-trading scheme came to a halt when he was advised that he was the target of an FBI investigation and the Commodity Futures Trading Commission sought and obtained an injunction against Salerno and his businesses in 2018. However, Salerno turned immediately to a second scheme. Between May 2018 and at least December 2019, he operated a company called AccuOne Financial, Inc., which purported to be in the business of assisting clients in ridding themselves of unwanted automobile leases. It also purported to offer a different set of clients, whose personal credit precluded them from obtaining an automobile lease, access to automobile leases, low-interest vehicle loans, and credit repair services. But Salerno failed to do as promised, instead ripping off both sets of clients. The defendant took the unwanted vehicles from the first set of clients, made few, if any, of the required lease payments, and then gave the vehicles to the second set of clients who could not obtain their own leases, in exchange for substantial monthly fees. The predictable result of this house of cards-style scheme was that the clients who wanted to get out of their leases either continued to make monthly lease payments for cars they no longer had or suffered substantial damage to their credit, and the clients who leased cars from AccuOne often had them repossessed without warning. Salerno netted several hundred thousand dollars from this scheme alone.
“Michael Salerno is a modern-day snake oil salesman,” said U.S. Attorney Romero. “Upon learning that his fraud scheme had caught the FBI’s attention, he didn’t close up shop and clean up his act – he simply pivoted to a different scheme. Today’s sentence holds him accountable for the harm he’s caused and brings a measure of justice for his victims. My office and the FBI are working every day to put scammers and swindlers like this out of business.”
"Under the guise of a businessman, Salerno was truly a criminal, devising schemes built on manipulation and lies, which placed the financial security of his victims at risk,” said Wayne A. Jacobs, Special Agent in Charge of FBI Philadelphia. “The FBI will continue to rigorously pursue those who attempt to enrich themselves through fraudulent means.”
The case was investigated by the FBI and prosecuted by Assistant United States Attorney Matthew Newcomer and former Assistant United States Attorney Christopher J. Mannion.
PHILADELPHIA – U.S. Attorney William M. McSwain announced that Kenneth Smukler, 58, a long-time Philadelphia-area political consultant, was convicted today by a jury of multiple counts related to violating political campaign laws. Specifically, the jury found the defendant guilty of one count of conspiracy to defraud the United States; two counts of causing unlawful campaign contributions; one count of causing false campaign expenditure reports; two counts of causing false statements; two counts of making contributions in the name of another; and one count of obstruction. The sentencing hearing is scheduled on March 13, 2019 before the Honorable Jan E. DuBois.
In the 2012 Democratic primary election for Pennsylvania’s First Congressional District, Jimmie Moore, a former Philadelphia Municipal Court Judge, ran against the incumbent, Congressman Bob Brady. Moore struck a corrupt deal by which he agreed to withdraw from the race in exchange for funds from the Bob Brady for Congress campaign (the “Brady campaign”) to be used to pay off Moore’s campaign debts. Those debts included money that Jimmie Moore for Congress (the “Moore campaign”) owed to several vendors, to Moore himself, and to Moore’s campaign manager, Carolyn Cavaness.
On February 29, 2012, Moore withdrew from the race. Moore and Cavaness had prepared a list of debts owed by the Moore campaign which was subsequently provided to Smukler, a campaign consultant for the Brady campaign. Smukler arranged for the Moore campaign to receive $90,000 from the Brady campaign through false documents and a series of illegal pass-throughs, including the consulting firm of another Brady associate and co-conspirator, D.A. Jones. None of the payments, which exceeded the applicable contribution limits, was reported to the Federal Election Commission (“FEC”). Per the arrangement, the three installments were illegally disguised as payments for a poll and consulting services.
Marjorie Margolies, a former Member of the U.S. House of Representatives, ran in the 2014 Democratic primary election for Pennsylvania’s Thirteenth Congressional District. Smukler, a veteran of prior Margolies political campaigns, was running the Margolies campaign in 2014. By early April 2014, the primary race was close, and the Margolies campaign was running out of money that the campaign could legally spend in the primary. Smukler caused the Margolies campaign to illegally spend general election funds in his attempt to win the primary election for his candidate, then lied about it to the campaign’s lawyer. That lawyer, in turn, unwittingly reported the lies to the FEC in response to a complaint filed by one of Margolies’ opponents. Additionally, Smukler caused excessive campaign contributions and illegal conduit contributions, all of which were hidden in FEC filings.
“Smukler was the mastermind of multiple crooked political schemes,” said U.S. Attorney McSwain. “He showed a true pattern of deception by misusing funds and lying to corrupt the entire political process. The only way to guarantee open and fair elections is to have everyone play by the same rules. Smukler ignored those rules and broke the law so that his candidates could try to win at all costs. We are grateful that the jury saw through his lies and held him accountable for his widespread criminal conduct.”
"Smukler played fast and loose with the campaign laws that underpin our democratic system," said Michael T. Harpster, Special Agent in Charge of the FBI's Philadelphia Division. "He apparently felt that the ends justified the means. Well, the government—and this jury—disagree. When corruption weakens the public's trust in a fair electoral process, we all stand to lose."
The case was investigated by the Federal Bureau of Investigation, and the case is being prosecuted by Assistant United States Attorney Eric Gibson and Trial Attorneys Richard Pilger and Rebecca Moses of the Criminal Division’s Public Integrity Section.
PHILADELPHIA, PA – United States Attorney William M. McSwain announced two indictments charging 14 people with a multitude of crimes, including conspiracy to dispense and distribute controlled substances outside the course of professional practice and without a legitimate medical purpose; distribution of oxycodone; health care fraud; and maintaining a drug-involved premises. These charges are the result of coordinated law enforcement effort across multiple federal, state, and local agencies. U.S. Attorney McSwain announced these charges as part of a press conference held today to highlight the Eastern District of Pennsylvania’s recent efforts to combat the opioid crisis in the District.
Criminal Indictment No. 18-CR-101: Advanced Urgent Care (AUC). This superseding indictment charges 13 defendants with crimes in connection with their employment at AUC, a medical business with office locations at 5058 City Avenue in Philadelphia, PA; 9432 East Roosevelt Boulevard in Philadelphia, PA; 721 Bethlehem Pike in Montgomeryville, PA; and 126 Easton Road in Willow Grove, PA.
The 13 defendants charged in this indictment are Dr. Mehdi Nikparvar-Fard, 49, of Penn Valley, PA; Dr. Vincent Thompson, 70, of Elkins Park, PA; Dr. Loretta Brown, 65, of Landsowne, PA; Dr. Avrom Brown, 70, of Elkins Park, PA; Dr. Frederick Reichle, 83, of Warrington, PA; Dr. Marcus Rey Williams, 70, of Coatesville, PA; Dr. William Demedio, 58, of Springfield, PA; Dr. Neil Cutler, 77, of Warminster, PA; Physician’s Assistant Mitchell White, 33, of Philadelphia, PA; Physician’s Assistant Jason Dillinger, 40, of West Chester, PA; Physician’s Assistant Debra Cortez, 56, of Bristol, PA; Physician’s Assistant Samantha Hollis, 42, of Wilmington, DE, and Office Manager Joanne Rivera, 35, of Pennsauken, NJ. Each defendant is charged with maintaining a drug-involved premises, and five defendants (Nikparvar-Fard, Rivera, Dillinger, Thompson, and White) are charged with conspiring to unlawfully distribute controlled substances.
AUC was owned and operated by Dr. Mehdi Nikparvar-Fard. The indictment alleges that, in exchange for an $80 to $140 office fee, members of the public were offered “pain management” by AUC doctors and physician’s assistants. Pain management typically involved obtaining a prescription for opioid painkillers. The superseding indictment further alleges that AUC medical providers unlawfully prescribed controlled substances, such as opioid painkillers, on a daily basis from January of 2014 through August of 2017 and routinely ignored warning signs that patients were abusing and/or selling their prescription painkillers. The warning signs included urine drug screens that were positive for illicit drugs like heroin, cocaine, and methamphetamine, urine drug screens that were positive for Suboxone (a drug used to treat opiate addiction), and urine drug screen that were negative for all drugs, suggesting the patients may have been selling their prescription pills. In the face of these test results, AUC medical providers nonetheless prescribed enormous quantities of opioid painkillers. According to the indictment, at least 3,678 illegal prescriptions were issued by AUC’s doctors and physician’s assistants.
Criminal Indictment No. 18-CR-591: Drs. Murray Soss and Frederick Reichle. This indictment charges Dr. Murray Soss, 78, of Philadelphia, PA, and Dr. Frederick Reichle,[1] 83, of Warrington, PA, with conspiracy to distribute and dispense oxycodone, outside the usual course of practice and not for a legitimate medical purpose. Dr. Soss is also charged with seven counts of distributing oxycodone and seven counts of health care fraud.
As alleged in the indictment, Soss hired Reichle to write oxycodone prescriptions for Soss’s pain management patients after Soss’s Pennsylvania medical license was suspended in April 2017. Soss and Reichle charged the patients a fee to obtain oxycodone prescriptions, written by Reichle, that were not medically necessary. At times, Soss allegedly collected $2,500 in exchange for accepting a new patient for the sole purpose of that patient obtaining Schedule II narcotics. The indictment further states that Reichle provided oxycodone prescriptions to one of Soss’s patients without this patient being present, and claims Soss was engaged in a sexual relationship with this same patient. It further states that Soss obtained oxycodone prescriptions in Soss’s name and then distributed the prescriptions to this patient in exchange for sexual favors.
If convicted, these 14 defendants face a range of penalties, including substantial prison time and fines, depending on each defendant’s degree of involvement in the alleged crimes.
“Our country is in the midst of a deadly drug epidemic, and our District is, in many ways, ground zero in combatting this crisis,” said U.S. Attorney McSwain. “As alleged in these indictments, thousands of illegally prescribed pills flooded our streets because of the conduct of these defendants. My Office will continue to do its part to enforce our nation’s drug laws and hold physicians, physician’s assistants, and their agents accountable. As these indictments show, medical professionals who violate their oaths and exploit their patients’ addictions to make an easy buck will be prosecuted to the fullest extent of the law.”
“We're seeing it over and over again: medical professionals, deciding to cash in on our area’s opioid crisis,” said Michael T. Harpster, Special Agent in Charge of the FBI’s Philadelphia Division. “It seems ‘first, do no harm’ is a principle fast forgotten when money starts changing hands. These doctors are just doling out piles of pills to anyone willing to pay for them. It’s despicable, it’s criminal, and the FBI and our law enforcement partners will never stop working to put pill mills, and the people who run them, out of business.”
“The defendants arrested in this case are accused of setting up and operating a scheme in which the defendants sold opioid prescriptions to individuals without any legitimate medical need or purpose in exchange for cash. The defendants issued 3,678 prescriptions which amount to hundreds of thousands of pills being used by addicted individuals,” said Jonathan A. Wilson, Special Agent in Charge of the Drug Enforcement Administration’s (DEA) Philadelphia Field Division. “When the DEA determines that a doctor is prescribing controlled substance medications without a legitimate medical purpose, the DEA will refer the investigation to the US Attorney’s Office for prosecution to the fullest extent of the law.”
“Healthcare providers who ignore their Hippocratic oaths and put illegal prescription drugs on our streets are nothing more than drug dealers in white lab coats,” said Maureen R. Dixon, Special Agent in Charge of the Philadelphia Regional Office of the Inspector General for the Department of Health and Human Services (HHS-OIG). “Medical providers who disregard the law and put greed in front of helping patients can expect criminal repercussions.”
“An important mission of the Office of Inspector General is to investigate allegations of health care fraud related to the U.S. Department of Labor's (DOL) Office of Workers’ Compensation Programs (OWCP). We will continue to work with our law enforcement partners and OWCP to protect the integrity of DOL’s benefit programs,” stated Richard Deer, Special Agent in Charge, Philadelphia Region, U.S. Department of Labor, Office of Inspector General.
The AUC case was investigated by the following agencies: Drug Enforcement Administration; the Federal Bureau of Investigation; Health and Human Services, Office of Inspector General; the Department of Labor, Office of the Inspector General; and the Office of Personnel Management. These agencies were assisted in their investigation by the Pennsylvania Department of State; Pennsylvania Office of Attorney General; Abington Police Department; Easttown Township Police Department; and Philadelphia Police Department. The case is being prosecuted by Assistant United States Attorneys Jason P. Bologna and Seth Schlessinger.
The Soss/Reichle case was investigated by Health and Human Services, Office of Inspector General and Federal Bureau of Investigation, with assistance from Pennsylvania Office of Attorney General and the Philadelphia Police Department. The case is being prosecuted by Assistant United States Attorney Karen Marston.
[1] Dr. Reichle also is a named co-defendant in the AUC superseding indictment, though the charges alleged in the AUC case arise from conduct that is separate from that alleged in Soss/Reichle case.
Description: The fiscal year of the data file obtained from the AOUSC
Format: YYYY
Description: The code of the federal judicial circuit where the case was located
Format: A2
Description: The code of the federal judicial district where the case was located
Format: A2
Description: The code of the district office where the case was located
Format: A2
Description: Docket number assigned by the district to the case
Format: A7
Description: A unique number assigned to each defendant in a case which cannot be modified by the court
Format: A3
Description: A unique number assigned to each defendant in a case which can be modified by the court
Format: A3
Description: A sequential number indicating whether a case is an original proceeding or a reopen
Format: N5
Description: Case type associated with the current defendant record
Format: A2
Description: A concatenation of district, office, docket number, case type, defendant number, and reopen sequence number
Format: A18
Description: A concatenation of district, office, docket number, case type, and reopen sequence number
Format: A15
Description: The status of the defendant as assigned by the AOUSC
Format: A2
Description: A code indicating the fugitive status of a defendant
Format: A1
Description: The date upon which a defendant became a fugitive
Format: YYYYMMDD
Description: The date upon which a fugitive defendant was taken into custody
Format: YYYYMMDD
Description: The date when a case was first docketed in the district court
Format: YYYYMMDD
Description: The date upon which proceedings in a case commenced on charges pending in the district court where the defendant appeared, or the date of the defendant’s felony-waiver of indictment
Format: YYYYMMDD
Description: A code used to identify the nature of the proceeding
Format: N2
Description: The date when a defendant first appeared before a judicial officer in the district court where a charge was pending
Format: YYYYMMDD
Description: A code indicating the type of legal counsel assigned to a defendant
Format: N2
Description: The title and section of the U.S. Code applicable to the offense committed which carried the highest severity
Format: A20
Description: A code indicating the level of offense associated with FTITLE1
Format: N2
Description: The four digit AO offense code associated with FTITLE1
Format: A4
Description: The four digit D2 offense code associated with FTITLE1
Format: A4
Description: A code indicating the severity associated with FTITLE1
Format: A3
Description: The FIPS code used to indicate the county or parish where an offense was committed
Format: A5
Description: The date of the last action taken on the record
Format: YYYYMMDD
Description: The date upon which judicial proceedings before the court concluded
Format: YYYYMMDD
Description: The date upon which the final sentence is recorded on the docket
Format: YYYYMMDD
Description: The date upon which the case was closed
Format: YYYYMMDD
Description: The total fine imposed at sentencing for all offenses of which the defendant was convicted and a fine was imposed
Format: N8
Description: A count of defendants filed including inter-district transfers
Format: N1
Description: A count of defendants filed excluding inter-district transfers
Format: N1
Description: A count of original proceedings commenced
Format: N1
Description: A count of defendants filed whose proceedings commenced by reopen, remand, appeal, or retrial
Format: N1
Description: A count of defendants terminated including interdistrict transfers
Format: N1
Description: A count of defendants terminated excluding interdistrict transfers
Format: N1
Description: A count of original proceedings terminated
Format: N1
Description: A count of defendants terminated whose proceedings commenced by reopen, remand, appeal, or retrial
Format: N1
Description: A count of defendants pending as of the last day of the period including long term fugitives
Format: N1
Description: A count of defendants pending as of the last day of the period excluding long term fugitives
Format: N1
Description: The source from which the data were loaded into the AOUSC’s NewSTATS database
Format: A10
Description: A sequential number indicating the iteration of the defendant record
Format: N2
Description: The date the record was loaded into the AOUSC’s NewSTATS database
Format: YYYYMMDD
Description: Statistical year ID label on data file obtained from the AOUSC which represents termination year
PHILADELPHIA, PA – United States Attorney William M. McSwain announced two indictments charging 14 people with a multitude of crimes, including conspiracy to dispense and distribute controlled substances outside the course of professional practice and without a legitimate medical purpose; distribution of oxycodone; health care fraud; and maintaining a drug-involved premises. These charges are the result of coordinated law enforcement effort across multiple federal, state, and local agencies. U.S. Attorney McSwain announced these charges as part of a press conference held today to highlight the Eastern District of Pennsylvania’s recent efforts to combat the opioid crisis in the District.
Criminal Indictment No. 18-CR-101: Advanced Urgent Care (AUC). This superseding indictment charges 13 defendants with crimes in connection with their employment at AUC, a medical business with office locations at 5058 City Avenue in Philadelphia, PA; 9432 East Roosevelt Boulevard in Philadelphia, PA; 721 Bethlehem Pike in Montgomeryville, PA; and 126 Easton Road in Willow Grove, PA.
The 13 defendants charged in this indictment are Dr. Mehdi Nikparvar-Fard, 49, of Penn Valley, PA; Dr. Vincent Thompson, 70, of Elkins Park, PA; Dr. Loretta Brown, 65, of Landsowne, PA; Dr. Avrom Brown, 70, of Elkins Park, PA; Dr. Frederick Reichle, 83, of Warrington, PA; Dr. Marcus Rey Williams, 70, of Coatesville, PA; Dr. William Demedio, 58, of Springfield, PA; Dr. Neil Cutler, 77, of Warminster, PA; Physician’s Assistant Mitchell White, 33, of Philadelphia, PA; Physician’s Assistant Jason Dillinger, 40, of West Chester, PA; Physician’s Assistant Debra Cortez, 56, of Bristol, PA; Physician’s Assistant Samantha Hollis, 42, of Wilmington, DE, and Office Manager Joanne Rivera, 35, of Pennsauken, NJ. Each defendant is charged with maintaining a drug-involved premises, and five defendants (Nikparvar-Fard, Rivera, Dillinger, Thompson, and White) are charged with conspiring to unlawfully distribute controlled substances.
AUC was owned and operated by Dr. Mehdi Nikparvar-Fard. The indictment alleges that, in exchange for an $80 to $140 office fee, members of the public were offered “pain management” by AUC doctors and physician’s assistants. Pain management typically involved obtaining a prescription for opioid painkillers. The superseding indictment further alleges that AUC medical providers unlawfully prescribed controlled substances, such as opioid painkillers, on a daily basis from January of 2014 through August of 2017 and routinely ignored warning signs that patients were abusing and/or selling their prescription painkillers. The warning signs included urine drug screens that were positive for illicit drugs like heroin, cocaine, and methamphetamine, urine drug screens that were positive for Suboxone (a drug used to treat opiate addiction), and urine drug screen that were negative for all drugs, suggesting the patients may have been selling their prescription pills. In the face of these test results, AUC medical providers nonetheless prescribed enormous quantities of opioid painkillers. According to the indictment, at least 3,678 illegal prescriptions were issued by AUC’s doctors and physician’s assistants.
Criminal Indictment No. 18-CR-591: Drs. Murray Soss and Frederick Reichle. This indictment charges Dr. Murray Soss, 78, of Philadelphia, PA, and Dr. Frederick Reichle,[1] 83, of Warrington, PA, with conspiracy to distribute and dispense oxycodone, outside the usual course of practice and not for a legitimate medical purpose. Dr. Soss is also charged with seven counts of distributing oxycodone and seven counts of health care fraud.
As alleged in the indictment, Soss hired Reichle to write oxycodone prescriptions for Soss’s pain management patients after Soss’s Pennsylvania medical license was suspended in April 2017. Soss and Reichle charged the patients a fee to obtain oxycodone prescriptions, written by Reichle, that were not medically necessary. At times, Soss allegedly collected $2,500 in exchange for accepting a new patient for the sole purpose of that patient obtaining Schedule II narcotics. The indictment further states that Reichle provided oxycodone prescriptions to one of Soss’s patients without this patient being present, and claims Soss was engaged in a sexual relationship with this same patient. It further states that Soss obtained oxycodone prescriptions in Soss’s name and then distributed the prescriptions to this patient in exchange for sexual favors.
If convicted, these 14 defendants face a range of penalties, including substantial prison time and fines, depending on each defendant’s degree of involvement in the alleged crimes.
“Our country is in the midst of a deadly drug epidemic, and our District is, in many ways, ground zero in combatting this crisis,” said U.S. Attorney McSwain. “As alleged in these indictments, thousands of illegally prescribed pills flooded our streets because of the conduct of these defendants. My Office will continue to do its part to enforce our nation’s drug laws and hold physicians, physician’s assistants, and their agents accountable. As these indictments show, medical professionals who violate their oaths and exploit their patients’ addictions to make an easy buck will be prosecuted to the fullest extent of the law.”
“We're seeing it over and over again: medical professionals, deciding to cash in on our area’s opioid crisis,” said Michael T. Harpster, Special Agent in Charge of the FBI’s Philadelphia Division. “It seems ‘first, do no harm’ is a principle fast forgotten when money starts changing hands. These doctors are just doling out piles of pills to anyone willing to pay for them. It’s despicable, it’s criminal, and the FBI and our law enforcement partners will never stop working to put pill mills, and the people who run them, out of business.”
“The defendants arrested in this case are accused of setting up and operating a scheme in which the defendants sold opioid prescriptions to individuals without any legitimate medical need or purpose in exchange for cash. The defendants issued 3,678 prescriptions which amount to hundreds of thousands of pills being used by addicted individuals,” said Jonathan A. Wilson, Special Agent in Charge of the Drug Enforcement Administration’s (DEA) Philadelphia Field Division. “When the DEA determines that a doctor is prescribing controlled substance medications without a legitimate medical purpose, the DEA will refer the investigation to the US Attorney’s Office for prosecution to the fullest extent of the law.”
“Healthcare providers who ignore their Hippocratic oaths and put illegal prescription drugs on our streets are nothing more than drug dealers in white lab coats,” said Maureen R. Dixon, Special Agent in Charge of the Philadelphia Regional Office of the Inspector General for the Department of Health and Human Services (HHS-OIG). “Medical providers who disregard the law and put greed in front of helping patients can expect criminal repercussions.”
“An important mission of the Office of Inspector General is to investigate allegations of health care fraud related to the U.S. Department of Labor's (DOL) Office of Workers’ Compensation Programs (OWCP). We will continue to work with our law enforcement partners and OWCP to protect the integrity of DOL’s benefit programs,” stated Richard Deer, Special Agent in Charge, Philadelphia Region, U.S. Department of Labor, Office of Inspector General.
The AUC case was investigated by the following agencies: Drug Enforcement Administration; the Federal Bureau of Investigation; Health and Human Services, Office of Inspector General; the Department of Labor, Office of the Inspector General; and the Office of Personnel Management. These agencies were assisted in their investigation by the Pennsylvania Department of State; Pennsylvania Office of Attorney General; Abington Police Department; Easttown Township Police Department; and Philadelphia Police Department. The case is being prosecuted by Assistant United States Attorneys Jason P. Bologna and Seth Schlessinger.
The Soss/Reichle case was investigated by Health and Human Services, Office of Inspector General and Federal Bureau of Investigation, with assistance from Pennsylvania Office of Attorney General and the Philadelphia Police Department. The case is being prosecuted by Assistant United States Attorney Karen Marston.
[1] Dr. Reichle also is a named co-defendant in the AUC superseding indictment, though the charges alleged in the AUC case arise from conduct that is separate from that alleged in Soss/Reichle case.
Description: The fiscal year of the data file obtained from the AOUSC
Format: YYYY
Description: The code of the federal judicial circuit where the case was located
Format: A2
Description: The code of the federal judicial district where the case was located
Format: A2
Description: The code of the district office where the case was located
Format: A2
Description: Docket number assigned by the district to the case
Format: A7
Description: A unique number assigned to each defendant in a case which cannot be modified by the court
Format: A3
Description: A unique number assigned to each defendant in a case which can be modified by the court
Format: A3
Description: A sequential number indicating whether a case is an original proceeding or a reopen
Format: N5
Description: Case type associated with the current defendant record
Format: A2
Description: A concatenation of district, office, docket number, case type, defendant number, and reopen sequence number
Format: A18
Description: A concatenation of district, office, docket number, case type, and reopen sequence number
Format: A15
Description: The status of the defendant as assigned by the AOUSC
Format: A2
Description: A code indicating the fugitive status of a defendant
Format: A1
Description: The date upon which a defendant became a fugitive
Format: YYYYMMDD
Description: The date upon which a fugitive defendant was taken into custody
Format: YYYYMMDD
Description: The date when a case was first docketed in the district court
Format: YYYYMMDD
Description: The date upon which proceedings in a case commenced on charges pending in the district court where the defendant appeared, or the date of the defendant’s felony-waiver of indictment
Format: YYYYMMDD
Description: A code used to identify the nature of the proceeding
Format: N2
Description: The date when a defendant first appeared before a judicial officer in the district court where a charge was pending
Format: YYYYMMDD
Description: A code indicating the event by which a defendant appeared before a judicial officer in the district court where a charge was pending
Format: A2
Description: A code indicating the type of legal counsel assigned to a defendant
Format: N2
Description: The title and section of the U.S. Code applicable to the offense committed which carried the highest severity
Format: A20
Description: A code indicating the level of offense associated with FTITLE1
Format: N2
Description: The four digit AO offense code associated with FTITLE1
Format: A4
Description: The four digit D2 offense code associated with FTITLE1
Format: A4
Description: A code indicating the severity associated with FTITLE1
Format: A3
Description: The title and section of the U.S. Code applicable to the offense committed which carried the second highest severity
Format: A20
Description: A code indicating the level of offense associated with FTITLE2
Format: N2
Description: The four digit AO offense code associated with FTITLE2
Format: A4
Description: The four digit D2 offense code associated with FTITLE2
Format: A4
Description: A code indicating the severity associated with FTITLE2
Format: A3
Description: The title and section of the U.S. Code applicable to the offense committed which carried the third highest severity
Format: A20
Description: A code indicating the level of offense associated with FTITLE3
Format: N2
Description: The four digit AO offense code associated with FTITLE3
Format: A4
Description: The four digit D2 offense code associated with FTITLE3
Format: A4
Description: A code indicating the severity associated with FTITLE3
Format: A3
Description: The FIPS code used to indicate the county or parish where an offense was committed
Format: A5
Description: The date of the last action taken on the record
Format: YYYYMMDD
Description: The date upon which judicial proceedings before the court concluded
Format: YYYYMMDD
Description: The date upon which the final sentence is recorded on the docket
Format: YYYYMMDD
Description: The date upon which the case was closed
Format: YYYYMMDD
Description: The total fine imposed at sentencing for all offenses of which the defendant was convicted and a fine was imposed
Format: N8
Description: A count of defendants filed including inter-district transfers
Format: N1
Description: A count of defendants filed excluding inter-district transfers
Format: N1
Description: A count of original proceedings commenced
Format: N1
Description: A count of defendants filed whose proceedings commenced by reopen, remand, appeal, or retrial
Format: N1
Description: A count of defendants terminated including interdistrict transfers
Format: N1
Description: A count of defendants terminated excluding interdistrict transfers
Format: N1
Description: A count of original proceedings terminated
Format: N1
Description: A count of defendants terminated whose proceedings commenced by reopen, remand, appeal, or retrial
Format: N1
Description: A count of defendants pending as of the last day of the period including long term fugitives
Format: N1
Description: A count of defendants pending as of the last day of the period excluding long term fugitives
Format: N1
Description: The source from which the data were loaded into the AOUSC’s NewSTATS database
Format: A10
Description: A sequential number indicating the iteration of the defendant record
Format: N2
Description: The date the record was loaded into the AOUSC’s NewSTATS database
Format: YYYYMMDD
Description: Statistical year ID label on data file obtained from the AOUSC which represents termination year
PHILADELPHIA – United States Attorney Jacqueline C. Romero announced that Samir Ahmad, 29, of Philadelphia, PA, was charged by Criminal Complaint with firearms trafficking and selling firearms to a person unlawfully in the United States, arising from his sale of two semi-automatic pistols to a confidential informant while he was employed as a Deputy Sheriff with the Philadelphia Sheriff’s Office.
According to the court documents, Ahmad was employed as a Deputy Sheriff with the Philadelphia Sheriff’s Office beginning in February 2018. In October 2022, when Ahmad was a sworn law enforcement officer as a Deputy Sheriff, he allegedly sold two semi-automatic pistols and ammunition to a confidential informant. During the exchange, the informant explained to Ahmad that he was unlawfully in the United States, and that he could “get deported” if he was caught in possession of a gun. As detailed in the Criminal Complaint, Ahmad responded, simply: “You don’t got to worry about none of that.” The defendant made $3,000 from the sale of the firearms. On October 19, 2022, Ahmad was terminated from employment with the Philadelphia Sheriff’s Office and arrested by federal agents.
The investigation is ongoing.
“As alleged, Samir Ahmad abused his authority – to the greatest extent possible – as a sworn law enforcement officer,” said U.S. Attorney Romero. “The defendant was allegedly sold firearms on the street, and for the sake of putting money in his pocket, was willing to put deadly firearms into the hands of someone he knew was prohibited by law from possessing them. Working with our law enforcement partners, we are doing all that we can to investigate and prosecute those responsible for the violence.”
“The idea of a sworn public servant so blatantly undermining public safety is reprehensible,” said Jacqueline Maguire, Special Agent in Charge of the FBI’s Philadelphia Division. “Philadelphia is awash in illegal guns, which are being used to commit violent crimes, so every weapon we can take off the street and every trafficker we can lock up makes a difference. The FBI and our partners will continue to do everything in our power to make this city safer.”
“The result of this investigation is the paradigm of collaboration between our local, state, and federal partners,” said Eric Degree, acting Special Agent in charge of ATF’s Philadelphia Field Division. “We cannot let the gun violence we are seeing become the norm. We will continue to use our expertise to identify, investigate, and incarcerate those who commit and those who facilitate the violent firearm crimes that plague our streets.”
If convicted, the defendant faces a maximum possible sentence of 15 years in prison.
The case was investigated by the Federal Bureau of Investigation, the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Department of Labor Office of the Inspector General, and the Philadelphia Police Department, and is being prosecuted by Assistant United States Attorneys J. Jeanette Kang and Justin T. Ashenfelter.
PHILADELPHIA – United States Attorney William M. McSwain was honored to speak today at the Association of Corporate Counsel of Greater Philadelphia’s Summit for General Counsel and Chief Legal Officers. The event was held at the Loews Philadelphia Hotel. Richard E. Coe, U.S. Attorney McSwain’s former law partner at Drinker Biddle, introduced U.S. Attorney McSwain.
*****
Remarks as Prepared for Delivery
Thank you, Rick, for that kind introduction, and for inviting me to speak today to this distinguished group.
Opportunities like this serve as an important reflection point for me; they give me a reason to set aside some time, outside of the day-to-day hustle and bustle, to pause and think about the goals and priorities that I have for the U.S. Attorney’s Office and force me to evaluate our progress.
Obviously, my main priority, and our core function, is to uphold the rule of law. I firmly believe that building trust between the public and my Office is critical to success in that regard. That’s one of the reasons why I think it’s important to speak at events like this – to let community partners get a sense of who we are as prosecutors; what my Office stands for; and what our mindset is as we work every day to fulfill our mission. And by “community partners,” I am referring today to you and the companies and clients that you work for. You and your colleagues are the business leaders that drive economic growth in the greater Philadelphia area.
Which brings me to the topic of my remarks: fostering cooperation and communication to promote the rule of law. I see today’s summit as an opportunity to convey two important messages.
First, I want to thank you. The work that you do to promote your company’s compliance with federal law is incredibly important. In a way, you serve a crucial law enforcement function every day by working to ensure that your companies comply with the law. You are on the front lines of promoting the rule of law in your organizations. And in performing that function, I want you to know that you have my support and my gratitude.
Now, admittedly, my second message will take a little longer to communicate, even though it is related to the first. In a nutshell, I want you to know that I value communication between your organizations and my Office and I value the cooperation of your organizations with my Office. I want you, our region’s corporate leaders, to consider yourself as a potential partner of my Office in detecting and combatting corporate misconduct and crime.
Let me explain that further.
The spirit of cooperation that I’m talking about is reflected, for example, in some of the recent policy changes implemented at the Department of Justice level. Thanks to a series of initiatives and policy adjustments, the Department is now making white collar prosecutions and enforcement more effective and efficient.
There’s one area in particular that I want to emphasize today – that is, recent changes to the Department’s policies concerning cooperation credit in criminal and civil matters. Most – if not all – of you are familiar with the Yates Memo, which was issued in September 2015 by then-Deputy Attorney General Sally Yates. Broadly speaking, the Memo was designed to seek accountability from individuals for corporate misconduct. As Deputy Attorney General Rod Rosenstein explained when he announced changes to the Yates Memo in November 2018, the revised policy came out of a working group comprised of Department employees, law enforcement agents, and private sector stakeholders. So the changes were the product of collaboration between government and private sector lawyers and communication about priorities, concerns, and past experiences under the Yates Memo and the policy guidance that followed.
The revised policies regarding cooperation credit continue to emphasize – in both criminal and civil cases – the importance of full corporate disclosure and individual accountability. Both are cornerstones of the Department’s approach to dealing with corporate misconduct, but the current policies reflect a more nuanced, common-sense approach to determining when cooperation credit can and should be offered.
The Yates Memo directed DOJ attorneys to offer cooperation credit in criminal and civil matters only if corporations identified and shared with DOJ all relevant facts about the individuals involved in corporate misconduct. Anything considered less than 100% disclosure of every person even tangentially involved and every fact about what they did disqualified the corporation from credit. The result, as Deputy Attorney General Rosenstein acknowledged, was often prolonged, costly investigations that ultimately led to the same result as the current standard – with the government applying notions of fairness and the rule of law to hold only the most responsible parties accountable.
The current policy now creates some flexibility where there was none before, and it reflects the reality inherent in these types of investigations: identifying every single person and every single fact relevant to alleged misconduct is not only impractical, but also unnecessary to achieve the Department’s goals. So, under the current policy, companies can receive cooperation credit in criminal cases where the company has identified every individual “substantially involved in or responsible for the criminal conduct.”
The policy revisions also provide meaningful changes to DOJ’s approach to resolving civil cases. Prior DOJ policy prohibited our civil attorneys from offering any cooperation credit to a company in the civil context unless the company complied with the all-or-nothing approach of the Yates Memo. But now, our civil attorneys have the ability to offer partial cooperation credit in civil cases in certain circumstances, and can offer full cooperation credit when the company identifies those “substantially involved.” As Mr. Rosenstein observed, the binary choice of full credit or no credit embodied in the Yates Memo “delayed resolution while providing little or no benefit.” Instead of furthering the goal in civil cases of recovering money, the prior policy drained our resources and resulted in prolonged investigations.
All told, these and other revisions reflect a measured approach that balances the competing interests at stake. And yes – these policies can promote collaboration and communication between our organizations. How so? Because they afford companies a more realistic path towards receiving credit and allow DOJ attorneys to focus efforts on identifying targets who are the true wrongdoers – those who committed, directed or supervised the underlying misconduct and who warrant punishment. And they restore a measure of discretion to DOJ attorneys in deciding what information they must obtain during an investigation.
These policies promote the sort of deterrence that the Department and my Office want to see in the corporate community. The most effective way to deter corporate misconduct is to punish those individuals who are actually responsible for it – most seriously, those individuals who actually committed a crime. Within your organization, I want you to focus your attention on that and help me and my Office get to the bottom of the issue, as quickly as possible.
As these new policies are applied on a case-by-case basis, rest assured that my Office welcomes an open dialogue with you and your clients as we perform our core function – to enforce the rule of law and ensure that individuals substantially involved in corporate wrongdoing are identified, prosecuted, and punished. I understand that most companies want to do the right thing. And I understand that the people in this room – highly educated and successful legal professionals who take your ethical responsibilities seriously and have taken an oath to uphold the law – certainly want to do the right thing. As Deputy Attorney General Rosenstein has stated: “companies that self-report, cooperate, and remediate the harm they caused will be rewarded. Companies that condone or ignore misconduct will pay the price.” In large part, the choice is up to you, and I hope and expect that you will make the right choice, should you find yourself confronted with it.
The benefits that can flow from open lines of communication and a cooperative approach are clear if your client is the target of a criminal or civil investigation. But these benefits are not limited to that situation. Indeed, I want you to think of my Office as an important ally when your business has been victimized – say, for example, by employees or customers who are stealing from your company. Unfortunately, these situations are all too common. And when they occur, it’s important to view my Office as a critical resource – as a partner whose interests are aligned with yours.
Here are a few examples of what I mean. This past year, my Office prosecuted high-level GlaxoSmithKline employees, scientists who were Chinese nationals, for conspiracy to steal trade secrets from the company. These employees were helping to develop biopharmaceutical products – assets that typically cost in excess of $1 billion to research and develop – and then stealing them from GSK and sending them to China. In doing so, these criminals were attempting to destroy the lifeblood of the company – stealing its intellectual property and engaging in economic warfare.
GSK was an excellent partner with my Office, working shoulder-to-shoulder with our prosecutors and cooperating so that we could collect the necessary information to hold the responsible individuals accountable. And we did just that. Dr. Tao Li, Dr. Yu Xue, and Dr. Yan Mei, were prosecuted for their crimes; all have pled guilty and await sentencing.
Another example of this collaborative approach is found in the insider trading case involving former Philadelphia Eagle, Mychal Kendricks, and his friend, Damilare Sonoiki. Mr. Sonoiki worked at a global investment firm and used material, non-public information to turn an illegal profit, and provided such information to Mr. Kendricks to do the same. Mr. Sonoiki’s former corporate employer fully cooperated with my Office and with the Securities and Exchange Commission during our investigation into this unlawful conduct. The company’s cooperation allowed us to uncover key information, and quickly identify and prosecute the wrongdoers. Mr. Kendricks and Mr. Sonoiki have pleaded guilty and await sentencing.
A good example of a recent crime prevention initiative is our public service campaign to deter Hobbs Act robberies in the Eastern District of Pennsylvania. Our Office is working with local and national convenience stores, drugstores, and fast food chains to alert the public (and criminals) that if you walk into a business and attempt to rob it, we can prosecute that crime federally – and the potential penalties are steep, especially if the crime involves a gun. This partnership is crucial to communicating a unified, powerful deterrent message – that “a federal crime means federal prison time” for the perpetrators. We will continue to work with our corporate partners to create public service announcements and promotional materials that highlight our commitment to keeping our streets and storefronts safe.
In conclusion, we at the U.S. Attorney’s Office take very seriously our responsibility to investigate and prosecute criminals who commit corporate misconduct. As I have pledged from day one, my Office will enforce the law in a fair and non-partisan manner, regardless of who you are, where you come from, or how much power or influence you have. We will apply that neutral principle to corporations and senior leaders who commit crimes or direct others to do so.
But the other takeaway from my remarks today, I hope, is that my Office and I are also here to help you do your job. As I said previously, most companies and their leaders want to do the right thing. Fostering communication and cooperation will only help us get to the right result – which is to hold wrongdoers accountable and to deter misconduct.
Again, I appreciate the opportunity to be with you today. Thank you for your attention, and thank you for your commitment to the rule of law.