STATESBORO, GA: A major investigation targeting an expansive, gang-related drug trafficking ring operating in Georgia has resulted in a 61-count indictment naming 26 defendants on federal charges.
Indictments in Operation Ace in the Hole were returned under seal in U.S. District Court in Statesboro, said Bobby L. Christine, U.S. Attorney for the Southern District of Georgia. After the indictments were unsealed, the charges were announced in a news conference at the Toombs County Courthouse. Additional defendants face state charges in the investigation.
“With leaders that included a regional boss of the Gangster Disciples, this drug trafficking organization was a major source of illicit narcotics, gang violence and illegal guns throughout the Toombs County area and beyond,” said U.S. Attorney Christine. “Our brave local, state and federal law enforcement partners pursued this conspiracy tirelessly for more than a year, and our office’s prosecution of these charges will be just as relentless.”
Investigators from the Georgia Bureau of Investigation, working with federal and local law enforcement agencies, started the investigation in August 2018 in response to increasing gang violence and drug-related activities in the Vidalia, Ga., area. The investigation identified Deltinaud Toussaint, a/k/a “Black,” a/k/a “Tino,” a/k/a “Tino Black,” 44, of Vidalia, as the primary supplier of the organization’s narcotics – including methamphetamine, cocaine, MDMA or “Ecstasy,” and marijuana – through connections in Atlanta.
An alleged member of the conspiracy for whom the operation is named, Justin Adams, a/k/a “Ace,” 39, of Vidalia, was identified as a regional leader of the Gangster Disciples criminal street gang.
In June 2019, investigators executed search warrants at eight houses in Atlanta and Vidalia used for stashing or distributing narcotics, seizing more than two kilos of cocaine, four kilos of marijuana, half a kilo of methamphetamine, more than two kilos of MDMA, pints of Codeine, 600 grams of Xanax, pill presses, and surveillance equipment. The drugs were hidden in such items as children’s backpacks and baby-formula bottles. Investigators also seized 20 firearms, including a fully automatic machine gun and several assault-style rifles, a trove of gang-related documents, and approximately $49,000 in cash.
A full list of the defendants charged in the case follows. If convicted, each of the defendants faces a possible sentence of up to life in prison.
“The amazing work on ‘Operation Ace in the Hole’ demonstrates the Organized Crime Drug Enforcement Task Forces (OCDETF) model of prosecutor-led, intelligence driven, multi-agency investigative and prosecution strategy that proves effective against command and control elements of regional, national and international gangs,” said Adam W. Cohen, Director of the OCDETF Program for the U.S. Department of Justice.
“The confiscation of drugs, guns and money, and the removal of 26 defendants from the streets, will immediately make the citizens of Toombs County safer,” said Chris Hacker, Special Agent in Charge of FBI Atlanta. “None of it would have been possible without the cooperative effort of federal, state and local law enforcement agencies. Our commitment to dismantling gangs that wreak havoc in our communities and endanger the people who live in them will never end.”
Robert J. Murphy, the Special Agent in Charge of the DEA Atlanta Field Division stated, “These notorious gang-related drug dealers distributed poison to the community and caused fear through means of violence and intimidation. Step by step, the government disrupted and dismantled this once-thriving criminal network. This effort would not have been successful without the spirited level of cooperation between DEA, its federal, state and local law enforcement counterparts and the subsequent prosecution by the U.S. Attorney’s Office.”
“This case is the product of a concerted collaborative effort on the part of ATF and its federal, state and local partners to target, investigate, and eliminate the perpetrators of violent crime, to include eradicating criminal gang activity,” said Beau Kolodka, Assistant Special Agent in Charge of the Atlanta Field Division of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). “This case is a great example of how you leverage law enforcement resources to target the offenders driving crime in Toombs County area and beyond.”
“We are committed to working with our partners to get dangerous guns and drugs off the streets,” said Vic Reynolds, Director of the Georgia Bureau of Investigation. “We will not allow gangs to continue to terrorize neighborhoods with hardworking citizens who want to raise their families in a safe environment.”
Criminal indictments contain only charges; defendants are presumed innocent unless and until proven guilty.
The case was investigated under the Organized Crime Drug Enforcement Task Forces (OCDETF), the premier U.S. Department of Justice program to dismantle multi-jurisdictional drug trafficking organizations. The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), the Drug Enforcement Administration (DEA), the FBI, the Georgia Bureau of Investigation (GBI), the Georgia Department of Community Supervision, the Toombs County Sheriff’s Office, the Lyons Police Department, the Oconee Drug Task Force, and the Liberty County Sheriff’s Office, and is being prosecuted for the United States by Assistant U.S. Attorneys E. Greg Gilluly Jr. and Joseph McCool.
The year 2020 marks the 150th anniversary of the Department of Justice. Learn more about the history of our agency at www.Justice.gov/Celebrating150Years.
Those charged in the indictment of Operation Ace in the Hole are:
Deltinaud Toussaint, a/k/a “Black,” a/k/a “Tino,” a/k/a “Tino Black,” 44, of Vidalia, charged with Conspiracy to Possess with Intent to Distribute and to Distribute a Controlled Substance; Conspiracy to Use, Carry or Possess Firearms; Distribution of Methamphetamine and Marijuana; two counts of Distribution of Methamphetamine; two counts of Possession with Intent to Distribute Methamphetamine, Crack Cocaine, Alprazolam, Codeine and Marijuana; two counts of Possession of a Firearm in Furtherance of a Drug Trafficking Crime; and 17 counts of Use of a Communications Facility;
Justin Adams, a/k/a “Ace,” 39, of Vidalia, charged with Conspiracy to Possess with Intent to Distribute and to Distribute a Controlled Substance; Conspiracy to Use, Carry or Possess Firearms; four counts of Distribution of Cocaine; and Possession of a Firearm by a Convicted Felon;
Andre Jackson, a/k/a “Dre,” 30, of Vidalia, charged with Conspiracy to Possess with Intent to Distribute and to Distribute a Controlled Substance; Conspiracy to Use, Carry or Possess Firearms; two counts of Distribution of Marijuana; two counts of Distribution of Methamphetamine and Marijuana; and Distribution of Cocaine;
Monica Mitchell, 38, of East Point, Ga., charged with Conspiracy to Possess with Intent to Distribute and to Distribute a Controlled Substance; and Conspiracy to Use, Carry or Possess Firearms;
Daniel Asberry, 31, of Vidalia, charged with Conspiracy to Possess with Intent to Distribute and to Distribute a Controlled Substance; Conspiracy to Use, Carry or Possess Firearms; and two counts of Use of a Communications Facility;
Ozell Johnson, a/k/a “Bip,” 38, of Vidalia, charged with Conspiracy to Possess with Intent to Distribute and to Distribute a Controlled Substance; Conspiracy to Use, Carry or Possess Firearms; Possession with Intent to Distribute Methamphetamine, Crack Cocaine, Alprazolam, Codeine and Marijuana; and Possession of a Firearm in Furtherance of a Drug Trafficking Crime;
Laporshia Canty, 44, of Vidalia, charged with Conspiracy to Possess with Intent to Distribute and to Distribute a Controlled Substance; Conspiracy to Use, Carry or Possess Firearms; Possession with Intent to Distribute Methamphetamine, Crack Cocaine, Alprazolam, Codeine and Marijuana; and Possession of a Firearm in Furtherance of a Drug Trafficking Crime;
Stacy Tobler Sr., a/k/a “Turtle,” 46, of Vidalia, charged with Conspiracy to Possess with Intent to Distribute and to Distribute a Controlled Substance; Conspiracy to Use, Carry or Possess Firearms; Possession with Intent to Distribute Cocaine; Distribution of Methamphetamine; Possession with Intent to Distribute Methamphetamine, Crack Cocaine, Alprazolam, Codeine and Marijuana; Possession with Intent to Distribute Methamphetamine; and Use of a Communications Facility;
Audrea Salem, 42, of Vidalia, charged with Conspiracy to Possess with Intent to Distribute and to Distribute a Controlled Substance; Conspiracy to Use, Carry or Possess Firearms; Possession with Intent to Distribute Methamphetamine; and Use of a Communications Facility;
Darryl Marcus Allen, a/k/a “Twin,” 37, of Vidalia, charged with Conspiracy to Possess with Intent to Distribute and to Distribute a Controlled Substance; Conspiracy to Use, Carry or Possess Firearms; and Distribution of Cocaine;
Alonzo Roberts Jr., a/k/a “Toot,” a/k/a “Two,” 31, of Vidalia, charged with Conspiracy to Possess with Intent to Distribute and to Distribute a Controlled Substance; Conspiracy to Use, Carry or Possess Firearms; two counts of Possession of a Firearm by a Convicted Felon; Possession with Intent to Distribute Methamphetamine, Crack Cocaine and Marijuana; and Possession of a Firearm in Furtherance of a Drug Trafficking Crime;
Taneka Warren, 29, of Vidalia, charged with Conspiracy to Possess with Intent to Distribute and to Distribute a Controlled Substance; and Conspiracy to Use, Carry or Possess Firearms;
Jermaine Bouie, a/k/a “Dollar,” 29, of Vidalia, charged with Conspiracy to Possess with Intent to Distribute and to Distribute a Controlled Substance; Conspiracy to Use, Carry or Possess Firearms; Possession with Intent to Distribute Methamphetamine, Cocaine and Marijuana; Possession of a Firearm by a Convicted Felon; Possession of a Firearm in Furtherance of a Drug Trafficking Crime; and Possession with Intent to Distribute Cocaine;
India Mitchell, a/k/a “Shay,” 32, of Vidalia, charged with Conspiracy to Possess with Intent to Distribute and to Distribute a Controlled Substance; Conspiracy to Use, Carry or Possess Firearms; Possession with Intent to Distribute Methamphetamine, Crack Cocaine, Alprazolam, Codeine and Marijuana; Possession of a Firearm in Furtherance of a Drug Crime; and two counts of Use of a Communications Facility;
Crystal Wheeler, 36, of Allenhurst, Ga., charged with Conspiracy to Possess with Intent to Distribute and to Distribute a Controlled Substance; Conspiracy to Use, Carry or Possess Firearms; and Use of a Communications Facility;
Vincent Page, a/k/a “VP,” 31, of Vidalia, charged with Conspiracy to Possess with Intent to Distribute and to Distribute a Controlled Substance; Conspiracy to Use, Carry or Possess Firearms; Possession of a Firearm by a Convicted Felon; Possession with Intent to Distribute Oxycodone; and Possession of a Firearm in Furtherance of a Drug Trafficking Crime;
Terry Williams, a/k/a “Young Buck,” 31, of Mount Vernon, Ga., charged with Conspiracy to Possess with Intent to Distribute and to Distribute a Controlled Substance; Conspiracy to Use, Carry or Possess Firearms; Possession with Intent to Distribute Methamphetamine, Crack Cocaine and Hydrocodone;
Torey Johnny Lee Washington, a/k/a “Fool,” 39, of Vidalia, charged with Conspiracy to Possess with Intent to Distribute and to Distribute a Controlled Substance; Conspiracy to Use, Carry or Possess Firearms; and Use of a Communications Facility;
Tyson Ransom, 34, of Vidalia, charged with Conspiracy to Possess with Intent to Distribute and to Distribute a Controlled Substance; Conspiracy to Use, Carry or Possess Firearms; and Use of a Communications Facility;
Donnie Edmonds Jr., a/k/a “Hotboy,” 35, of Vidalia, charged with Conspiracy to Possess with Intent to Distribute and to Distribute a Controlled Substance; Conspiracy to Use, Carry or Possess Firearms; and two counts of Use of a Communications Facility;
Lee Syntell Kelley, a/k/a “Truth,” 39, of Vidalia, charged with Conspiracy to Possess with Intent to Distribute and to Distribute a Controlled Substance; Conspiracy to Use, Carry or Possess Firearms; and Use of a Communications Facility;
Nicole Mitchell, 30, of Vidalia, charged with Conspiracy to Possess with Intent to Distribute and to Distribute a Controlled Substance; Conspiracy to Use, Carry or Possess Firearms; and two counts of Use of a Communications Facility;
Lanard Wallace, a/k/a “Nardo,” 30, of Vidalia, charged with Conspiracy to Possess with Intent to Distribute and to Distribute a Controlled Substance; Conspiracy to Use, Carry or Possess Firearms; Possession with Intent to Distribute Crack Cocaine; Possession of a Firearm by a Convicted Felon; Possession of a Firearm in Furtherance of a Drug Trafficking Crime; and Use of a Communications Facility;
Frederick Cooper, a/k/a “Coop,” 40, of Vidalia, charged with Conspiracy to Possess with Intent to Distribute and to Distribute a Controlled Substance; Conspiracy to Use, Carry or Possess Firearms; Possession with Intent to Distribute Crack Cocaine; Possession of a Firearm by a Convicted Felon; Possession of a Firearm in Furtherance of a Drug Trafficking Crime; and Use of a Communications Facility;
Ryan Antwain Harris, 34, of Lyons, Ga., charged with Conspiracy to Possess with Intent to Distribute and to Distribute a Controlled Substance; Conspiracy to Use, Carry or Possess Firearms; and two counts of Distribution of Crack Cocaine; and,
Otis Peeples, a/k/a “Bull,” 26, of Vidalia, charged with Conspiracy to Possess with Intent to Distribute and to Distribute a Controlled Substance; Conspiracy to Use, Carry or Possess Firearms; and two counts of Distribution of Marijuana.
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 title and section of the U.S. Code applicable to the offense committed which carried the fourth highest severity
Format: A20
Description: A code indicating the level of offense associated with FTITLE4
Format: N2
Description: The four digit AO offense code associated with FTITLE4
Format: A4
Description: The four digit D2 offense code associated with FTITLE4
Format: A4
Description: A code indicating the severity associated with FTITLE4
Format: A3
Description: The title and section of the U.S. Code applicable to the offense committed which carried the fifth highest severity
Format: A20
Description: A code indicating the level of offense associated with FTITLE5
Format: N2
Description: The four digit AO offense code associated with FTITLE5
Format: A4
Description: The four digit D2 offense code associated with FTITLE5
Format: A4
Description: A code indicating the severity associated with FTITLE5
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
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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
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
BRUNSWICK, GA: A North Carolina man convicted of the April 2018 illegal entry and vandalism of Submarine Base Kings Bay has been sentenced to federal prison.
Patrick O’Neill, 63, of Garner, N.C., was sentenced by U.S. District Court Judge Lisa Godbey Wood to 14 months in federal prison and ordered to pay $33,503.51 in restitution, said Bobby L. Christine, U.S. Attorney for the Southern District of Georgia. O’Neill, along with six other defendants, was found guilty after a four-day jury trial in October 2019 on charges of Conspiracy, Destruction of Property on a Naval Installation, Depredation of Government Property, and Trespass. He was ordered to serve three years of supervised release after completion of his prison sentence.
There is no parole in the federal system.
“Patrick O’Neill willingly broke into and vandalized a restricted military installation, and brazenly filmed himself and others doing so,” said Bobby L. Christine, U.S. Attorney for the Southern District of Georgia. “None of this group’s actions is defensible as peaceful protest, and in fact represents wanton destruction of government property and callous disregard for their safety and the safety of all the personnel at Kings Bay.”
As admitted by the defendants during the trial, including O’Neill’s body-worn camera video recording of the activities shown to jurors, the seven entered an outer security fence at the naval installation in St. Marys, Ga., after cutting a padlock from a gate during the late hours of April 4, 2018. Once through the security fence, the trespassers split into two groups and then damaged and vandalized property inside the facility before being taken into custody by naval security personnel.
O’Neill, a freelance journalist, has a long history of arrests including those related to trespassing and damaging government property.
Stephen Michael Kelly, 71, of Massachusetts, previously was sentenced to 33 months in prison in the case, and Elizabeth McAlister, 80, of New London, Conn., was sentenced to the 17 months, nine days of time already served in the case. The remaining defendants – Mark Peter Colville, 59, of New Haven, Conn.; Clare Therese Grady, 62, of Ithaca, N.Y.; Martha Hennessy, 65, of Perkinsville, Vt.; and Carmen Trotta, 57, of New York, N.Y. – are scheduled for sentencing in November.
The case was prosecuted for the United States by Assistant U.S. Attorneys Karl Knoche, E. Greg Gilluly Jr. and Channell Singh, with assistance from Litigation Technologist Dean Athanasopoulos. Special Agents Thomas Kenney and Barry Clinedinst led the investigation for the Naval Criminal Investigative Service.
WASHINGTON: A federal court entered a permanent injunction barring a Georgia company from selling unapproved vitamin D products touted as treatments for COVID-19, the Department of Justice announced today.
In a civil complaint and accompanying court papers filed Nov. 23, 2020, in U.S. District Court for the Southern District of Georgia, the United States alleges that Matthew Ryncarz and his Alpharetta, Ga., based companies, Fusion Health and Vitality LLC dba Pharm Origins, and Fusion Ionz LLC dba Pharm Origins, sold and distributed products the defendants claimed would cure, mitigate, or treat COVID-19 and other diseases. According to the government’s complaint, the defendants sold several products that purportedly contained vitamin D3, such as “Immune Shot,” “Immune Boost,” and “Core,” through websites maintained by the defendants. The complaint alleges that none of the products were generally recognized as safe and effective by qualified experts for any of the uses promoted by the defendants.
“The Department of Justice will not allow individuals to take advantage of consumers during a public health emergency by making unproven claims about unapproved drugs to profit from public panic,” said Deputy Assistant Attorney General Daniel J. Feith. “We will continue to work closely with the Food and Drug Administration to halt such conduct.”
“In challenging times, we must be especially vigilant on behalf of the most vulnerable,” said Bobby L. Christine, U.S. Attorney for the Southern District of Georgia. “Our office and our law enforcement partners take very seriously our responsibility to help protect consumers, and we will identify and shut down such attempted financial and emotional exploitation.”
“Americans expect and deserve medical treatments that have been scientifically proven to be safe and effective. Making claims that unproven drugs can cure or prevent diseases, including COVID-19, places consumers’ health at risk,” said U.S. Food and Drug Administration (FDA) Chief Counsel Stacy Amin. “We remain committed to pursuing and taking swift action against those who attempt to subvert the regulatory functions of the FDA by repeatedly disregarding the law and distributing unapproved products.”
According to the complaint, the defendants violated the Federal Food, Drug, and Cosmetic Act (FDCA) by introducing unapproved new drugs into interstate commerce. The complaint alleges that the defendants’ disease-related treatment claims lacked support from any well-controlled clinical studies or other credible scientific evidence. The complaint also asserts that such claims made in absence of any clinical data caused the products to be misbranded under the FDCA. Ryncarz and his company, Fusion Health, pled guilty on Sept. 29, 2020, in a separate but related criminal case in which Ryncarz admitted that labeling for his “Immune Shot” product falsely claimed it would lower the risk of contracting COVID-19 and that the product was misbranded under the FDCA.
The civil enforcement action against Ryncarz and Fusion Health is being prosecuted by Trial Attorney Claude Scott of the Department of Justice Civil Division’s Consumer Protection Branch and Assistant U.S. Attorney Jonathan A. Porter of the U.S. Attorney’s Office for the Southern District of Georgia, with assistance from FDA Associate Chief Counsel for Enforcement Jennifer Argabright.
Additional information about the Consumer Protection Branch and its enforcement efforts may be found at www.justice.gov/civil/consumer-protection-branch. For more information about the U.S. Attorney’s Office for the Southern District of Georgia, visit its website at https://www.justice.gov/usao-sdga. For the most up-to-date information on COVID-19, consumers may visit the Centers for Disease Control and Prevention (CDC) and WHO websites.
The public is urged to report suspected fraud schemes related to COVID-19 by calling the National Center for Disaster Fraud (NCDF) hotline (1-866-720-5721) or by e-mailing the NCDF at disaster@leo.gov. For more information about the Justice Department’s efforts to stop illegal COVID-19-related activity, visit www.justice.gov/coronavirus.
AUGUSTA, Ga: A Martinez man has been sentenced to federal prison and ordered to pay nearly $1.5 million in restitution for defrauding government healthcare and disability programs.
Jonathan Duane Austin, 32, of Martinez, Ga., was sentenced to 30 months in federal prison and ordered to pay $1,473,377.51 in restitution by U.S. District Court Chief Judge J. Randal Hall, said Bobby L. Christine, U.S. Attorney for the Southern District of Georgia.
At the completion of Austin’s sentence, he will be subject to an additional term of supervised release. There is no parole in the federal system.
According to court documents in the case, Austin admitted to defrauding Medicare and Tricare for nearly three years by submitting false claims for prescription reimbursements totaling $1,450,000, and to defrauding the Social Security Administration by providing forged documents to falsely claim disability status.
The Austin case represents one of the largest beneficiary-created fraud schemes ever prosecuted in the Southern District.
These Austin case was investigated by the Defense Criminal Investigative Service (DCIS), the Department of Health and Human Services (HHS), and the Social Security Administration.
The Health Care Fraud Task Force aggressively prosecutes health care fraud and abuse. The Task Force’s effort is reflected in other recent plea agreements and sentences, including:
Maryanne Hudson, 49, of Millen, Ga., was sentenced to 13 months in federal prison by U.S. District Court R. Stan Baker for fraudulently billing Medicare for durable medical equipment that a physician had not actually ordered as reasonable and necessary; and,
Paula Padgett, 49, of Brunswick, Ga., was sentenced to probation for submitting false requests for compensation to the United States Department of Labor, Office of Workers’ Compensation Programs, by U.S. District Court Lisa Godbey Wood.
These cases were investigated by HHS, the Federal Bureau of Investigation (FBI), the Department of Labor (DOL), and the U.S. Attorney’s Office.
“These types of fraud erode faith in the health care system, and we will not tolerate it,” said Bobby L. Christine, U.S. Attorney for the Southern District of Georgia. “Individuals who engage in schemes to steal from taxpayers hurt those with real health problems and the systems in place to address those needs.”
“The Austin sentencing demonstrates the commitment of DCIS to protect the integrity of the DoD health care program (TRICARE) from fraud and abuse,” said Special Agent in Charge John F. Khin, DCIS Southeast Field Office. “DCIS investigations ensure taxpayer money is properly used to support our warfighter, retirees and their family members.”
“The Social Security OIG will continue to maintain our strong partnerships with other federal, state, and local agencies as we combat fraud. Our responsibility in protecting taxpayers’ dollars doesn’t end with Social Security benefits only, “said Gail S. Ennis, Inspector General of the Social Security Administration. “We will continue to work closely with our law enforcement partners to detect and prevent benefit fraud across the country.”
“This sentencing reaffirms our commitment to protecting patients from the dangers of prescription drug fraud,” said Special Agent in Charge Derrick L. Jackson, of the HHS Office of Inspector General. "Our watchdog agency will continue to work closely with our law enforcement partners to root out waste, fraud and abuse."
“When Hudson fraudulently billed Medicare she not only cheated taxpayers, she also hurt those who rely on the government program for their healthcare needs,” said Chris Hacker, Special Agent in Charge of FBI Atlanta. “The FBI makes it a top priority to protect government programs like Medicare to ensure that only those who need assistance get it.”
“Paula Padgett engaged in a scheme to defraud the U.S. Department of Labor’s (DOL) Federal Employees’ Compensation Act program by submitting fraudulent claims to the Office of Workers’ Compensation Programs (OWCP) for the reimbursement of nonexistent travel expenses for medical treatment. We will continue to work with OWCP and our law enforcement partners to protect the integrity of DOL’s benefit programs,” said Rafiq Ahmad, Special Agent in Charge, Atlanta Region, U.S. Department of Labor Office of Inspector General.
Assistant United States Attorney J. Thomas Clarkson prosecuted these cases for the United States.
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
AUGUSTA, Ga: A Martinez man has been sentenced to federal prison and ordered to pay nearly $1.5 million in restitution for defrauding government healthcare and disability programs.
Jonathan Duane Austin, 32, of Martinez, Ga., was sentenced to 30 months in federal prison and ordered to pay $1,473,377.51 in restitution by U.S. District Court Chief Judge J. Randal Hall, said Bobby L. Christine, U.S. Attorney for the Southern District of Georgia.
At the completion of Austin’s sentence, he will be subject to an additional term of supervised release. There is no parole in the federal system.
According to court documents in the case, Austin admitted to defrauding Medicare and Tricare for nearly three years by submitting false claims for prescription reimbursements totaling $1,450,000, and to defrauding the Social Security Administration by providing forged documents to falsely claim disability status.
The Austin case represents one of the largest beneficiary-created fraud schemes ever prosecuted in the Southern District.
These Austin case was investigated by the Defense Criminal Investigative Service (DCIS), the Department of Health and Human Services (HHS), and the Social Security Administration.
The Health Care Fraud Task Force aggressively prosecutes health care fraud and abuse. The Task Force’s effort is reflected in other recent plea agreements and sentences, including:
Maryanne Hudson, 49, of Millen, Ga., was sentenced to 13 months in federal prison by U.S. District Court R. Stan Baker for fraudulently billing Medicare for durable medical equipment that a physician had not actually ordered as reasonable and necessary; and,
Paula Padgett, 49, of Brunswick, Ga., was sentenced to probation for submitting false requests for compensation to the United States Department of Labor, Office of Workers’ Compensation Programs, by U.S. District Court Lisa Godbey Wood.
These cases were investigated by HHS, the Federal Bureau of Investigation (FBI), the Department of Labor (DOL), and the U.S. Attorney’s Office.
“These types of fraud erode faith in the health care system, and we will not tolerate it,” said Bobby L. Christine, U.S. Attorney for the Southern District of Georgia. “Individuals who engage in schemes to steal from taxpayers hurt those with real health problems and the systems in place to address those needs.”
“The Austin sentencing demonstrates the commitment of DCIS to protect the integrity of the DoD health care program (TRICARE) from fraud and abuse,” said Special Agent in Charge John F. Khin, DCIS Southeast Field Office. “DCIS investigations ensure taxpayer money is properly used to support our warfighter, retirees and their family members.”
“The Social Security OIG will continue to maintain our strong partnerships with other federal, state, and local agencies as we combat fraud. Our responsibility in protecting taxpayers’ dollars doesn’t end with Social Security benefits only, “said Gail S. Ennis, Inspector General of the Social Security Administration. “We will continue to work closely with our law enforcement partners to detect and prevent benefit fraud across the country.”
“This sentencing reaffirms our commitment to protecting patients from the dangers of prescription drug fraud,” said Special Agent in Charge Derrick L. Jackson, of the HHS Office of Inspector General. "Our watchdog agency will continue to work closely with our law enforcement partners to root out waste, fraud and abuse."
“When Hudson fraudulently billed Medicare she not only cheated taxpayers, she also hurt those who rely on the government program for their healthcare needs,” said Chris Hacker, Special Agent in Charge of FBI Atlanta. “The FBI makes it a top priority to protect government programs like Medicare to ensure that only those who need assistance get it.”
“Paula Padgett engaged in a scheme to defraud the U.S. Department of Labor’s (DOL) Federal Employees’ Compensation Act program by submitting fraudulent claims to the Office of Workers’ Compensation Programs (OWCP) for the reimbursement of nonexistent travel expenses for medical treatment. We will continue to work with OWCP and our law enforcement partners to protect the integrity of DOL’s benefit programs,” said Rafiq Ahmad, Special Agent in Charge, Atlanta Region, U.S. Department of Labor Office of Inspector General.
Assistant United States Attorney J. Thomas Clarkson prosecuted these cases for the United States.
AUGUSTA, Ga: A Martinez man has been sentenced to federal prison and ordered to pay nearly $1.5 million in restitution for defrauding government healthcare and disability programs.
Jonathan Duane Austin, 32, of Martinez, Ga., was sentenced to 30 months in federal prison and ordered to pay $1,473,377.51 in restitution by U.S. District Court Chief Judge J. Randal Hall, said Bobby L. Christine, U.S. Attorney for the Southern District of Georgia.
At the completion of Austin’s sentence, he will be subject to an additional term of supervised release. There is no parole in the federal system.
According to court documents in the case, Austin admitted to defrauding Medicare and Tricare for nearly three years by submitting false claims for prescription reimbursements totaling $1,450,000, and to defrauding the Social Security Administration by providing forged documents to falsely claim disability status.
The Austin case represents one of the largest beneficiary-created fraud schemes ever prosecuted in the Southern District.
These Austin case was investigated by the Defense Criminal Investigative Service (DCIS), the Department of Health and Human Services (HHS), and the Social Security Administration.
The Health Care Fraud Task Force aggressively prosecutes health care fraud and abuse. The Task Force’s effort is reflected in other recent plea agreements and sentences, including:
Maryanne Hudson, 49, of Millen, Ga., was sentenced to 13 months in federal prison by U.S. District Court R. Stan Baker for fraudulently billing Medicare for durable medical equipment that a physician had not actually ordered as reasonable and necessary; and,
Paula Padgett, 49, of Brunswick, Ga., was sentenced to probation for submitting false requests for compensation to the United States Department of Labor, Office of Workers’ Compensation Programs, by U.S. District Court Lisa Godbey Wood.
These cases were investigated by HHS, the Federal Bureau of Investigation (FBI), the Department of Labor (DOL), and the U.S. Attorney’s Office.
“These types of fraud erode faith in the health care system, and we will not tolerate it,” said Bobby L. Christine, U.S. Attorney for the Southern District of Georgia. “Individuals who engage in schemes to steal from taxpayers hurt those with real health problems and the systems in place to address those needs.”
“The Austin sentencing demonstrates the commitment of DCIS to protect the integrity of the DoD health care program (TRICARE) from fraud and abuse,” said Special Agent in Charge John F. Khin, DCIS Southeast Field Office. “DCIS investigations ensure taxpayer money is properly used to support our warfighter, retirees and their family members.”
“The Social Security OIG will continue to maintain our strong partnerships with other federal, state, and local agencies as we combat fraud. Our responsibility in protecting taxpayers’ dollars doesn’t end with Social Security benefits only, “said Gail S. Ennis, Inspector General of the Social Security Administration. “We will continue to work closely with our law enforcement partners to detect and prevent benefit fraud across the country.”
“This sentencing reaffirms our commitment to protecting patients from the dangers of prescription drug fraud,” said Special Agent in Charge Derrick L. Jackson, of the HHS Office of Inspector General. "Our watchdog agency will continue to work closely with our law enforcement partners to root out waste, fraud and abuse."
“When Hudson fraudulently billed Medicare she not only cheated taxpayers, she also hurt those who rely on the government program for their healthcare needs,” said Chris Hacker, Special Agent in Charge of FBI Atlanta. “The FBI makes it a top priority to protect government programs like Medicare to ensure that only those who need assistance get it.”
“Paula Padgett engaged in a scheme to defraud the U.S. Department of Labor’s (DOL) Federal Employees’ Compensation Act program by submitting fraudulent claims to the Office of Workers’ Compensation Programs (OWCP) for the reimbursement of nonexistent travel expenses for medical treatment. We will continue to work with OWCP and our law enforcement partners to protect the integrity of DOL’s benefit programs,” said Rafiq Ahmad, Special Agent in Charge, Atlanta Region, U.S. Department of Labor Office of Inspector General.
Assistant United States Attorney J. Thomas Clarkson prosecuted these cases for the United States.
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 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: 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
Format: A4
Description: The number of months of probation imposed upon a defendant under TTITLE1
Format: N4
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 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
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
TALLAHASSEE, FLORIDA – Phillip Timothy Howard, 62, of Tallahassee, Florida, was sentenced to fourteen years in federal prison after previously pleading guilty to racketeering (RICO). The sentence was announced by Jason R. Coody, United States Attorney for the Northern District of Florida.
“The defendant should have been protecting the interest of his injured clients, rather than swindling their investments,” said U.S. Attorney Coody. “Today’s sentence both punishes the defendant’s criminal conduct and should serve as a significant deterrent to others who would selfishly steal to unlawfully enrich themselves. With our law enforcement partners, we remain committed to investigating and prosecuting those who engage in such fraudulent conduct.”
Court documents reflect between December 2015, and January 2018, Howard, a Florida attorney, along with associates and employees of his Tallahassee law firm (Howard & Associates, P.A.) engaged in a criminal Enterprise to defraud his clients of funds from an NFL class-action lawsuit. In addition to his law firm, Howard used several Tallahassee investment companies (Cambridge Capital Group, LLC; Cambridge Capital Wealth Advisors, LLC; Cambridge Capital Advisors, LLC; Cambridge Capital Funding, Inc., Cambridge Capital Group Equity Option Opportunities, L.P.; and Cambridge Capital Partners, L.P.) under his control to steal from clients. Howard, and others conducted and participated in the affairs of the Enterprise, through a pattern of racketeering activity, namely, wire fraud and money laundering. As part of his representation, Howard fraudulently enticed his clients to invest their retirement funds with his investment companies while failing to disclose the structure of the Enterprise, the conflicts of interest, the criminal background of persons associated with or employed by the Enterprise, and the true nature of the investment companies’ funds.
Despite reassuring investors that their money was secure, Howard never informed them that almost none of the investment funds yielded a return and failed to disclose that the investment funds had been commingled with funds used to operate his law firm and to issue payroll for its staff, pay Howard’s personal mortgages, and otherwise personally enrich Howard.
“Phillip Howard weaponized the trust of others,” said Sherri E. Onks, Special Agent in Charge of the FBI Jacksonville Division. “As an attorney, he should have been helping his ailing clients invest in a better future, but instead he stole from their pocketbooks for his own personal gain. And when that wasn’t enough, he exploited the trust of third-party lenders, destabilizing businesses that were reliant on his honesty and integrity. The FBI and our partners will never stop working to protect innocent people and companies from fraud like this.”
In addition, the former NFL player investors were provided fraudulent quarterly and year-end investment statements which indicated that investor funds were allocated into two separate investment funds, including a fund designed specifically to invest in equities. In reality, there were no separated, dedicated investment funds, and the bank accounts for the Enterprise had little or no money. Howard and others fraudulently obtained over $4 million through such conduct.
“IRS-CI agents put a full blitz on Phillip Howard; today’s sentencing is another example of IRS-CI’s ability to quickly tackle those who lie and mislead victims for their own personal enrichment,” said Tara K. Reed IRS-CI Acting Special Agent in Charge. “As an attorney, Howard should have been protecting the interest of his clients rather than intentionally sacking their investments.”
Additionally, Howard sought third-party lenders that would be willing to lend money to Howard’s former NFL clients in advance of their potential NFL concussion settlements as part of the NFL class-action lawsuit, and to Howard as litigation funding for the NFL class-action lawsuit. To obtain such funds for himself and his clients, Howard provided false and fraudulent information, including numerous material misrepresentations and omissions, to the lenders. Howard and others fraudulently obtained and attempted to obtain approximately $8 million from third-party lenders through such conduct.
Howard also solicited investment in a real estate project located in Jacksonville, Florida, and in doing so, promised the investor certain investment returns within a specified period. After the investor transferred money to the investment company, Howard and an employee falsely told the investor that additional money was needed to close the real estate deal. In reliance on this false promise, the investor transferred additional proceeds, only to be told several months that the real estate investment funds were secure and would be returned to her. Howard fraudulently obtained and attempted to obtain over $520,000 from this investor through this conduct.
Howard’s prison sentence will be followed by three years of supervised release, and he will also be required to pay restitution in the amount of $12.64 million.
This conviction was the result of a joint investigation by the Federal Bureau of Investigation and the Internal Revenue Service–Criminal Investigations, with assistance from the U.S. Securities and Exchange Commission (SEC) and the Financial Industry Regulatory Authority (FINRA). The case was prosecuted by Assistant United States Attorneys Justin M. Keen and David P. Byron.
The United States Attorney’s Office for the Northern District of Florida is one of 94 offices that serve as the nation’s principal litigators under the direction of the Attorney General. To access public court documents online, please visit the U.S. District Court for the Northern District of Florida website. For more information about the United States Attorney’s Office for the Northern District of Florida, visit http://www.justice.gov/usao/fln/index.html.
AUGUSTA, GA: A U.S. Army major assigned to the U.S. Army Cyber Command at Fort Gordon, Ga., has been sentenced to 30 years in federal prison for producing child pornography.
Jason Michael Musgrove, 41, of Grovetown, was sentenced to 360 months in prison by U.S. District Court Chief Judge J. Randal Hall after pleading guilty to Production of Child Pornography, said Bobby L. Christine, U.S. Attorney for the Southern District of Georgia. Musgrove also was ordered to pay restitution of $9,000 to the victims and to register as a sex offender.
There is no parole in the federal system.
“While the timing is entirely coincidental, it nonetheless bears noting that Musgrove’s sentence comes just days after two FBI agents in Florida were killed while attempting to search the home of a child pornographer,” said U.S. Attorney Christine. “The disturbing and despicable nature of such predators only increases their danger to the community, and Musgrove’s long sentence immediately makes the community safer.”
At the time of his December 2019 arrest, Musgrove was an Integrated Threat Operations Officer with Top Secret/Sensitive Compartmentalized Information clearance, assigned to the Army Cyber Joint Headquarters at Fort Gordon. Musgrove currently is facing administrative separation from the U.S. Army.
According to court testimony and documents, Musgrove admitted that he produced and attempted to share child pornography on the internet. His crimes were uncovered by the FBI.
“It is beyond comprehension that someone in a position sworn to protect American citizens would take advantage and traumatize vulnerable children,” said Chris Hacker, Special Agent in Charge of FBI Atlanta. “The FBI is committed to protecting our children by identifying and apprehending predators who commit such abhorrent crimes.”
The investigation was conducted by the FBI, and prosecuted for the United States by Assistant U.S. Attorney and Project Safe Childhood Coordinator Tara M. Lyons.
DUBLIN, GA: On March 23, 2018, the United States filed a civil forfeiture complaint seeking the possession of 63 pit bull-type dogs that were allegedly involved in a dog fighting venture in violation of the federal Animal Welfare Act. Pursuant to a federal warrant, the animals were seized on March 19, 2018, in Eastman, Georgia, by United States Department of Agriculture, Office of Inspector General (USDA-OIG) special agents working with the United States Marshals Service, Georgia Bureau of Investigation, Georgia State Patrol (GSP), Oconee Drug Task Force, Dodge County Sheriff’s Office, and Georgia Department of Natural Resources.
According to the complaint filed last week in federal court, the animals were seized after GSP troopers conducted a traffic stop involving a vehicle inside of which an injured dog was found. The operator of the vehicle admitted to having been present at a dog fight in Eastman, Georgia, and provided law enforcement with the location of the fight. At the reported location, agents discovered a disassembled dog fighting “pit” and more than 60 pit bull-type dogs staked to the ground by heavy chains. The condition of a majority of the dogs, including scarring and aggression towards other dogs, was consistent with dog fighting and related training.
After obtaining a search warrant, agents found numerous indications of dog fighting at the Eastman property, including a treadmill with a rope attached to the front part of the machine, antibiotics and other injectable veterinary medications, and a jenny mill, which is used to develop a dog’s endurance and musculature by enticing the animal to run on a circular track. From four grave areas, agents unearthed the remains of seven dogs, five of which had scarring consistent with dog fighting and one of which had a broken leg. During the search, agents noted that none of the live animals had access to food, and most did not have access to water.
Following the seizure, the United States Marshals Service took custody of the animals. K2 Solutions, Inc. and the Humane Society of the United States are assisting with the care of the dogs, at least some of which are pregnant.
“Dog fighting is a barbaric spectacle that has no place in any civilized society, and it will enjoy no quarter in the Southern District of Georgia,” United States Attorney Bobby L. Christine said. “We know that animal fighting ventures often entail other forms of illegal activity involving drugs, firearms, and gambling, and this Office will continue to work with its law enforcement partners at all levels to investigate and successfully prosecute those who contribute to the proliferation of crime and seek to profit off the abuse and suffering of helpless animals.”
USDA-OIG Special Agent-in-Charge Karen Citizen-Wilcox stated, “The United States Department of Agriculture, Office of Inspector General-Investigations, actively investigates allegations of animal abuse. This agency has made animal fighting a high priority in order to demonstrate that these blatant acts of cruelty to animals will no longer be tolerated. We would like to thank United States Attorney’s Office for aggressively prosecuting perpetrators of animal fighting.”
“The Justice Department’s Environment and Natural Resources Division is pleased to have partnered with the U.S. Attorney’s Office, the U.S. Marshals Service, and federal and state law enforcement in this joint effort to remove these animals from harm’s way, pursuant to federal law, as quickly as possible,” said Acting Assistant Attorney General Jeffrey H. Wood for the Justice Department’s Environment and Natural Resources Division. “We applaud the agents and attorneys who worked tirelessly and acted on very little notice to achieve this successful outcome.”
Dog fighting is a violent contest in which two dogs that are bred and conditioned for fighting are released by their owners or handlers in a controlled environment to attack each other and fight for purposes of entertainment or gambling. Fights usually end when one dog withdraws, when a handler “picks up” his dog and forfeits the match, or when one or both dogs die. Persons engaged in dog fighting typically use “pit bull”-type dogs, which dog fighters prefer for their compact muscular build, short coat, and the aggression that some display toward other dogs.
The federal Animal Welfare Act makes it a felony punishable by up to five years in prison to fight dogs or to possess, train, sell, buy, deliver, receive, or transport them for that purpose. The statute further authorizes the seizure and forfeiture of animals involved in dog fighting. Once the dogs are forfeited or surrendered to federal authorities, they can be evaluated and placed for adoption. Although federal funds will be used to pay for the care of the dogs while they remain in law enforcement custody, the Animal Welfare Act empowers the government to recover those costs from the dogs’ owners.
Assistant United States Attorneys Theodore S. Hertzberg and Xavier A. Cunningham are pursuing the forfeiture of the dogs on behalf of the United States. USDA-OIG is leading the related federal investigation. For any questions, please contact the United States Attorney’s Office at (912) 652-4422.
SAVANNAH, GA: A Chatham County man who admitted deliberately setting the May 3, 2020, fire that destroyed the city of Savannah’s Code Enforcement Office has been sentenced to federal prison.
Stephen Charles Setter, 19, of Savannah, was sentenced to 60 months in prison by U.S. District Court Judge R. Stan Baker after pleading guilty to one count of Arson, said David H. Estes, Acting U.S. Attorney for the Southern District of Georgia. Judge Baker also ordered Setter to pay restitution totaling $1,277,647.66, and to serve three years of supervised release after completion of his prison term.
There is no parole in the federal system.
“By deliberately setting this fire, Stephen Setter senselessly destroyed a significant Savannah government building and as a result has well-earned his sentence,” said Acting U.S. Attorney Estes. “It’s fortunate that none of the Savannah firefighters were hurt while fighting this massive blaze.”
As described in court documents and testimony, Setter admitted starting the fire at the Code Enforcement Office at 1700 Drayton Street in downtown Savannah shortly after 3 a.m. on May 3, 2020. The fire quickly spread into the attic and roof of the building, causing damage estimated at nearly $1 million and rendering it a total loss.
Setter told investigators that he activated a fire alarm at the Landings marina that same night, requiring the Chatham County Fire Department to respond, and while the station was unoccupied he then stole a fire department radio so he could listen to fire department communications.
“This is another example of how ATF has partnered with our state and local agencies to investigate the crime of arson,” said Lenwood S. Reeves, Resident Agent in Charge of the Savannah Field Office of the Bureau of Alcohol, Tobacco, Firearms and Explosives. “Not only does arson destroy millions of dollars’ worth of property each year, it endangers the lives of our first responders and the citizens of the community.”
“We are pleased with the outcome of this case,” said Fred Anderson, Chief Fire Investigator for the Savannah Fire Department. “This is a prime example of the benefit that comes from the strong relationship between the Savannah Fire Department and our federal partners at the ATF and U.S Attorney’s Office.”
The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and the Savannah Fire Department Arson Unit, and prosecuted for the United States by Assistant U.S. Attorney Tania D. Groover.