WASHINGTON – A Colorado man was sentenced today in the District of Columbia after he pleaded guilty to a felony charge stemming from his conduct during the breach of the U.S. Capitol on Jan. 6, 2021. His actions and the actions of others disrupted a joint session of the U.S. Congress convened to ascertain and count the electoral votes related to the 2020 presidential election.

            Klete Derik Keller, 41, of Colorado Springs, Colorado, was sentenced by U.S. District Judge Richard J. Leon to 36 months of probation and six months of home confinement. Keller pleaded guilty to one count of felony obstruction of Congress on Sept. 29, 2021.

            According to court documents, Keller, a former U.S. Olympic swimmer, traveled to Washington, D.C., from his home in Colorado to attend the “Stop the Steal” rally at the Ellipse on Jan. 6, 2021, and to listen to former President Trump and others address the crowd. Keller wore a blue jacket with the American flag on the sleeve, an Olympic patch on the front, and “U.S.A.” in large white letters on one sleeve and across the back.

            After the rally, Keller marched to the U.S. Capitol building with thousands of others and at approximately 2:30 p.m., Keller breached the restricted Capitol grounds on the west side of the building and eventually climbed the stairs to the Upper West Side, passing by damaged scaffolding intended for the presidential Inauguration.

            At about 2:39 p.m., Keller breached the Capitol through the open Upper West Terrace Door on the west side of the building leading to the Rotunda—his phone up and appearance concealed by a beanie, sunglasses, and a bandana pulled over his face. Keller remained in the building and participated in the riot for nearly an hour. Throughout his time in the Capitol, Keller photographed and recorded his surroundings.

            By 2:41 p.m., Keller and a large mob of rioters made their way down the Senate Hallway connecting the Rotunda to the Senate Chamber. The mob began chanting at police officers in the area, shouting, “You serve us!” The rioters toward the front of the mob began pressing up against police. Keller joined the mob, moved forward and began leading chants of “F—Nancy Pelosi!” and “F— Chuck Schumer!”

            Following Keller’s chants, the mob of rioters began to push forward against the officers. Other rioters began chanting, “Our house!”, “F— McConnell!”, and “Push!” while advancing. Some rioters at the front physically engaged with the officers and used a stolen riot shield to push forward while others clad in military-grade tactical gear heaved forward and shouted, “Push! Push! Push! Get in there!” After minutes of using their collective weight to move forward, open-source video shows the rioters prevailed, successfully pushing the line of officers back.

            When the rioters began gaining ground toward the Senate Chamber, the officers deployed chemical-irritant spray over the mob. Many of them, including Keller, retreated to the Rotunda. Keller, however, still did not leave the building. By 2:51 p.m., Keller was recording his surroundings throughout the Rotunda and interacting with other rioters unlawfully in the Capitol and continued doing so for over ten minutes. At approximately 3:02 p.m., law enforcement officers entered the Rotunda, attempting to regain control of the area and clear rioters out of the building. Keller refused to leave.

            As officers began moving some of the rioters toward the east exit, Keller approached the officers in the center of the Rotunda and resisted the officers’ efforts to clear the building by repeatedly moving to the front of the line and leaning backwards into the line of officers. Court documents say that it took multiple officers to move Keller through the Rotunda and toward the exit. Police repeatedly attempted to remove Keller and the other rioters from the Rotunda. At one point as officers attempted to remove Keller, he ripped his elbow away from an Officer’s grasp and, shaking one of the officers off of him, Keller turned to face the officers and repeatedly yelled, “Take it easy!” and “Settle down!” He defiantly yelled, “Why do we have to leave?”

            Finally, at approximately 3:13 p.m., after multiple interactions with officers, Keller exited the Rotunda and entered the East Rotunda Lobby. He remained inside the Lobby for another 17 minutes, clapping and cheering on other rioters. At around 3:30 p.m., officers finally succeeded in ejecting Keller from the Capitol.

            Leaving the Capitol, court documents say that Keller was aware of the criminal nature of his actions. Keller threw his U.S.A. Olympic jacket in the trash can on the way back to his hotel. The government was never able to recover that jacket. Keller also took a hammer and smashed his phone into pieces soon after January 6. Despite multiple search warrants and other legal process, the government never recovered any of Keller’s photographs or videos he recorded in or around the Capitol.

            Keller was arrested on Jan. 14, 2021, by the FBI.

            This case was prosecuted by the U.S. Attorney’s Office for the District of Columbia and the Department of Justice National Security Division’s Counterterrorism Section. Valuable assistance was provided by the U.S. Attorney’s Office for the District of Colorado.

            This case was investigated by the FBI’s Washington and Denver Field Offices, including the Colorado Springs Resident Agency. Valuable assistance was provided by the U.S. Capitol Police and the Metropolitan Police Department.

            In the 34 months since Jan. 6, 2021, more than 1,200 individuals have been charged in nearly all 50 states for crimes related to the breach of the U.S. Capitol, including more than 400 individuals charged with assaulting or impeding law enforcement, a felony. The investigation remains ongoing.

            Anyone with tips can call 1-800-CALL-FBI (800-225-5324) or visit tips.fbi.gov

            WASHINGTON— A New Mexico County commissioner was charged today in the U.S. District Court for the District of Columbia for breaching the U.S. Capitol grounds on Jan. 6, 2021.

            Couy Griffin, of New Mexico, was arrested today in Washington, D.C., and charged by criminal complaint with one count of knowingly entering or remaining in any restricted building or grounds without lawful entry.

            As alleged in the charging documents, on Jan. 9, 2021, law enforcement received a tip that Griffin, an Otero County, New Mexico, Commissioner was present at the U.S. Capitol on Jan. 6, 2021, and had posted videos to his Facebook page indicating that he intended to return to Washington, D.C., on Jan. 20, 2021, and “plant our flag” on House Speaker Nancy Pelosi’s desk.

            An investigation into Griffin revealed that he is the founder of an organization called “Cowboys for Trump,” and that following the incident at the U.S. Capitol, Griffin posted a video to the Cowboys for Trump Facebook page in which he stated that he “climbed up on the top of the Capitol building and . . . had a first row seat.” In that same video, now removed, he states:

“You want to say that that was a mob? You want to say that was violence? No sir. No Ma’am. No we could have a 2nd Amendment rally on those same steps that we had that rally yesterday. You know, and if we do, then it’s gonna be a sad day, because there’s gonna be blood running out of that building. But at the end of the day, you mark my word, we will plant our flag on the desk of Nancy Pelosi and Chuck Schumer and Donald J. Trump if it boils down to it.”

            On Jan. 14, 2021, Griffin spoke at an Otero County, New Mexico, council meeting about his experience at the Capitol and his plans to return to Washington, D.C., to protest President-Elect Biden’s Inauguration on Jan. 20, 2021. It is alleged that Griffin stated that he intended to bring his firearms with him when he traveled to Washington, D.C.

            The case is being prosecuted by the Assistant U.S. Attorneys Janani Iyengar and Jason Feldman of the District of Columbia United States Attorney’s Office, and Trial Attorney George Kraehe of the National Security Division of the Department of Justice. The case is being investigated by the FBI’s Washington Field Office, and the U.S. Capitol Police Department.

            The ATF and FBI continue to urge the public to report suspected use of explosive devices, or violent, destructive acts associated with the recent unrest. Anyone with information can call 1-888-ATF-TIPS (1-888-283-8477), email ATFTips@atf.gov or submit information anonymously via ReportIt.com.

            The FBI is looking for individuals who may have incited or promoted violence of any kind. Anyone with digital material or tips can call 1-800-CALL-FBI (800-225-5324) or submit images or videos at fbi.gov/USCapitol.

           The charges contained in the complaint are allegations.  The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.

A Colorado man pleaded guilty today to a felony charge related to the breach of the U.S. Capitol on Jan. 6, which disrupted a joint session of the U.S. Congress that was in the process of ascertaining and counting the electoral votes related to the presidential election.

According to court documents, Klete Keller, 39, of Colorado Springs, was unlawfully inside the U.S. Capitol for nearly an hour on Jan. 6, knowing he did not have permission to be in the building and despite being told to leave. Keller admitted that, at the time he entered the building, he believed that he and others were trying to obstruct, influence and impede an official proceeding. Keller pleaded guilty this afternoon in the U.S. District Court for the District of Columbia to obstruction of Congress and agreed to fully cooperate with law enforcement in this investigation.

Keller admitted to entering the Capitol building around 2:39 p.m. on Jan. 6 through a hallway on the west side of the building. He was wearing a red, white and blue jacket with the letters “USA” on the back, as well as a light-blue neck gaiter and sunglasses. According to his plea, Keller entered the Rotunda and took photographs and videos of the surroundings. He then proceeded to the Ohio Clock Room hallway, where he stood with others and began filming law enforcement officers who were clad with riot gear and attempting to prevent the group of rioters from advancing. According to his plea, Keller yelled, “F*** Nancy Pelosi!” and “F*** Chuck Schumer!” before others began pushing forward toward the law enforcement officers.

At 2:51 p.m., Keller returned to the Rotunda, where he continued to take photographs and videos. Around 3:02 p.m., law enforcement officers entered the Rotunda to herd rioters toward the east exit. Keller did not leave. At 3:08 p.m., Keller jerked his elbow, shaking law enforcement officers off him as they attempted to remove him from the area. Keller then entered the east Rotunda doors area, where he remained with the crowd, clapping his hands and interacting with others unlawfully present, even while law enforcement officers deployed chemical irritants. Keller exited the Capitol at 3:30 p.m.

According to his plea, on Jan. 6 and Jan. 7, Keller destroyed the phone and memory card that contained the photographs and videos he recorded from inside the Capitol building and threw away his “USA” jacket.

The case is being prosecuted by the U.S. Attorney’s Office for the District of Columbia and the Department of Justice National Security Division’s Counterterrorism Section. Valuable assistance was provided by the U.S. Attorney’s Office for the District of Colorado. The case is being investigated by the FBI’s Washington and Denver Field Offices, including the Colorado Springs Resident Agency.

In the eight months since Jan. 6, more than 600 individuals have been arrested in nearly all 50 states for crimes related to the breach of the U.S. Capitol, including at least 185 individuals charged with assaulting or impeding law enforcement. The investigation remains ongoing.

Anyone with tips can call 1-800-CALL-FBI (800-225-5324) or visit tips.fbi.gov.

The charges contained in any criminal complaint or indictment are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.

For Further Information, Contact:

Assistant U. S. Attorney Adam Gordon (619) 546-6720

SAN DIEGO - Kaylar Junior Tawan Beltranlap, a 21-year-old San Diego resident, was sentenced in federal court today to 156 months in prison for distributing counterfeit oxycodone pills laced with fentanyl that resulted in the death of 15-year-old Coronado High School sophomore Clark Jackson Salveron on May 12, 2021.

Beltranlap pleaded guilty in July, admitting that he used his Instagram account to coordinate a drug transaction with Salveron. According to admissions in his plea agreement, Beltranlap warned Salveron to only take half the pill because it was “strong as hell.”

According to the government’s sentencing memo, on the morning of May 13, 2021, law enforcement officials and paramedics responded to a 911 call from a home in Coronado. Salveron was found deceased in his bedroom. The Medical Examiner’s Office later determined that the teen had died as the result of “acute fentanyl intoxication.”

During a search of Salveron’s room at that time, law enforcement observed a small desk in the corner next to his closet. On the desk was a laptop still open and running. Detectives were able to see the teen’s personal Instagram account which included a conversation with the user account “chefkaylar.” A subsequent database search showed that the username “chefkaylar” was registered to Beltranlap with an address in San Diego. The messages between the two showed that the night before the victim’s death, Salveron and Beltranlap discussed the purchase of “percs.” The next day, law enforcement located and arrested Beltranlap.

Per the plea agreement, Beltranlap and the government stipulated that the Sentencing Guidelines for distribution of a controlled substance resulting in death and/or serious bodily injury would apply.

During today’s hearing, U.S. District Judge Cathy Ann Bencivengo noted that by dealing drugs, the defendant went for the “easy money” with “callous disregard for the poison he was putting into the community and into a very young victim.”

“A 15-year-old child tragically lost his life to fentanyl, leaving behind a devastated family and community.", said U.S. Attorney Randy Grossman. “Parents – the defendant in this case advertised these counterfeit blues on Instagram and Snapchat. I implore you to actively take steps to ensure that your children are not buying drugs online. We invite you to review the Fentanyl Toolkit which describes the various codes used by drug dealers in their online advertisements: https://www.sdpdatf.org/community-parent-fentanyl-toolkit.” Grossman thanked the prosecution team and the DEA Overdose Response Team for their excellent work on this case.

“Drug dealers are using social media to target kids,” said DEA Special Agent in Charge Shelly Howe. “Parents, be vigilant about checking your children’s social media, it may save their life. For additional information visit https://www.dea.gov/onepill for resources on fake pills and fentanyl.”

“One child’s death from fentanyl is far too many,” said Chad Plantz, special agent in charge, HSI San Diego. “HSI and our San Diego law enforcement partners will continue our efforts to identify and hold accountable those who sell poisonous drugs in our community.”

“A family lost a child and that is more than any family should have to experience,” said Coronado Police Chief Chuck Kaye. “We are grateful for all the work that went into today’s sentencing.”

In the government’s sentencing memorandum, the Salveron was described by his family as a fun-loving kid with braces, a leader and role model to his younger sister and twin brothers, and a volunteer who always lovingly assisted his disabled grandparents. He was a “kind, sweet, helpful young man who cared deeply about his family.”

In the memo, the boy’s parents described the devastating impact of their son’s death.

“I will never recover from my oldest son being poisoned and taken from me,” his mother said. “Clark had a full life to live and now it’s gone. I will never see my son, graduate high school, go to college, get married, and have grandchildren.”

In explaining how Clark’s death has affected him, the victim’s father wrote: “Everything I did was with (my son). I don’t really go out anymore. We hiked, biked, he was my partner through nature. I don’t feel very deserving…I miss him so much. I cry every day. I think of him all day. I still can’t believe it.”

This case is the result of ongoing efforts by the U.S. Attorney’s Office, Drug Enforcement Administration, Homeland Security Investigations, the Federal Bureau of Investigation, the San Diego Police Department, the California Department of Health Care Services and the San Diego County District Attorney’s Office to investigate and prosecute the distribution of dangerous illegal drugs—fentanyl in particular—that result in overdose deaths. The DEA created the DEA Overdose Response Team (formerly Team 10) which investigates overdose deaths in San Diego County. Investigators from the Overdose Response Team, as well as the Coronado Police Department and NTF Team 3, contributed to the investigation into Salveron’s death.

 

DEFENDANT                                               Case Number 21-CR-3442 CAB                                        

Kaylar Junior Tawan Beltranlap                     Age: 21                       San Diego, CA

SUMMARY OF CHARGES

Distribute of Fentanyl– Title 21, United States Code, Sections 841(a)

Maximum penalty: Twenty years in prison

AGENCY

Drug Enforcement Administration

Homeland Security Investigations

Federal Bureau of Investigation

Coronado Police Department

San Diego Police Department

California Department of Health Care Services

SAN DIEGO - Kaylar Junior Tawan Beltranlap of San Diego pleaded guilty today to distributing a counterfeit oxycodone pill laced with fentanyl that killed a 15-year-old Coronado High School sophomore, referred to in court records as C.J.S., on May 12, 2021.

During the change of plea hearing, Beltranlap admitted to utilizing his Instagram account to coordinating a drug transaction with C.J.S. Beltranlap warned C.J.S. to only take half the pill because it was “strong.” Law enforcement responded on May 13, 2021 after learning of C.J.S.’s fatal overdose. Beltranlap was arrested the next day carrying five pills, which also turned out to be counterfeit oxycodone pills laced with fentanyl. In the plea agreement, Beltranlap and the Government stipulated that the Sentencing Guidelines for distribution of a controlled substance resulting in death and/or serious bodily injury will apply.

“C.J.S.’s tragic death must not be in vain. We need to continue to educate our middle and high school age children about the dangers of counterfeit fentanyl pills,” said U.S. Attorney Randy Grossman. “Our office will continue to pursue these cases to ensure that those who peddle this poison to youth face the full measure of federal prosecution.”

“C.J.S. was child and a member of our community. We know this will not make the family whole but we appreciate the multi-agency collaboration that went into holding this offender accountable.” said Coronado Police Chief Chuck Kaye.

“Parents: I’m pleading with you to please talk to your child – no matter their age - about the dangers of taking a pill that didn’t come from a doctor or pharmacist. Although difficult, this conversation could save your child’s life.” said DEA Special Agent in Charge Shelly S. Howe.

Beltranlap is scheduled to be sentenced on September 30, 2022, at 9:00 a.m. before U.S. District Court Judge Cathy Ann Bencivengo.

This case is the result of ongoing efforts by the U.S. Attorney’s Office, Drug Enforcement Administration, Homeland Security Investigations, the Federal Bureau of Investigation, the San Diego Police Department, the California Department of Health Care Services and the San Diego County District Attorney’s Office to investigate and prosecute the distribution of dangerous illegal drugs—fentanyl in particular—that result in overdose deaths. The DEA created the DEA Overdose Response Team which investigates overdose deaths in San Diego County. Investigators from the Overdose Response Team, as well as the Coronado Police Department and NTF Team 3, contributed to the investigation into C.J.S.’s death.

DEFENDANT                                                                              Case Number 21-CR-3442 CAB

Kaylar Junior Tawan Beltranlap                                                  Age: 21               San Diego, CA

SUMMARY OF CHARGES

Distribute of Fentanyl – Title 21, United States Code, Sections 841(a)

Maximum penalty: 20 years in prison

AGENCY

Drug Enforcement Administration

Homeland Security Investigations

Federal Bureau of Investigation

Coronado Police Department

San Diego Police Department

California Department of Health Care Services



*The charges and allegations contained in an indictment or complaint are merely accusations, and the defendants are considered innocent unless and until proven guilty.

Assistant U. S. Attorneys Vivian Sapthavee (619) 546-7696 and Adam Gordon (619) 546-6720

NEWS RELEASE SUMMARY—December 28, 2021

SAN DIEGO - Kaylar Junior Tawan Beltranlap of San Diego appeared in federal court today in connection with a grand jury indictment charging him with selling the fentanyl that resulted in the death of a 15-year-old Coronado High School sophomore on May 12, 2021.

Agents and Task Force officers with the Drug Enforcement Administration are leading the investigation into the death. The next court date is set for February 4, 2022 for a Motion Hearing/Trial Setting.

“Every loss of life to opioids is tragic, but the death of a 15-year-old is heart-shattering,” said Acting U.S. Attorney Randy Grossman. “Our community must recognize the threat to middle and high school students from the plague of fentanyl. This case must be a call to action to educate our children about the extreme danger of experimenting with drugs.” Grossman thanked the prosecution team and investigating agencies for their dedication to this case and to the cause of preventing opioid-related deaths and seeking justice for victims.

“The Coronado Police Department is thankful for the collective work to hold the suspect accountable. We are also reminded that we have a family that lost a child because of a dangerous drug,” - Coronado Police Chief Chuck Kaye. 

“Parents: More than ever before, it’s so important to educate your teenager about the dangers of drugs because just One Pill Can Kill,” said DEA Acting Special Agent in Charge Shelly S. Howe. “If you don’t have the conversation with your teen, their friends or a drug dealer will give them inaccurate information and it could cost your child’s life.  The DEA has resources available to parents at www.getsmartaboutdrugs.gov.”

This case is the result of ongoing efforts by the U.S. Attorney’s Office, Drug Enforcement Administration, Homeland Security Investigations, the Federal Bureau of Investigation, the San Diego Police Department, the California Department of Health Care Services and the San Diego County District Attorney’s Office to investigate and prosecute the distribution of dangerous illegal drugs—fentanyl in particular—that result in overdose deaths. The DEA created Narcotics Task Force (NTF) Team 10 as a response to the increase in overdose deaths in San Diego County. Investigators from Team 10, as well as the Coronado Police Department and NTF Team 3, contributed to the investigation into C.J.S.’s death.

DEFENDANT                                               Case Number 21-CR-3442 CAB                                          

Kaylar Junior Tawan Beltranlap                    Age: 21                       San Diego, CA

SUMMARY OF CHARGES

Distribute of Fentanyl Resulting in Death – Title 21, United States Code, Sections 841(a) and (b)(1)(C)

Maximum penalty: Life in prison; Twenty-year mandatory minimum

AGENCY

Drug Enforcement Administration

Homeland Security Investigations

Federal Bureau of Investigation

Coronado Police Department

San Diego Police Department

California Department of Health Care Services

*The charges and allegations contained in an indictment or complaint are merely accusations, and the defendants are considered innocent unless and until proven guilty.

Acting U.S. Attorney Fred Federici issued the following statement:

The United States Attorney’s Office wishes to extend its deepest sympathies and condolences to the Barth family and our colleagues at the 2nd Judicial District Attorney’s Office for the passing of Chief Deputy District Attorney Chuck Barth. Chuck devoted his professional life to law enforcement, working as a Secret Service agent, prosecutor at the DA’s office, and as a long-time colleague and friend as a career prosecutor in the U.S. Attorney’s Office. In his latest role as Chief Deputy District Attorney, Chuck was a valued partner to the U.S. Attorney’s Office in helping to coordinate our offices’ joint efforts to fight crime in Albuquerque.

Chuck’s passing is a tremendous loss to the Albuquerque community, and to many of us within the office who worked alongside him for years, a tremendous personal loss. Like his colleagues at the D.A.’s Office, we will miss Chuck and his sense of humor.

WASHINGTON – Acting Attorney General Sally Q. Yates today announced that Joaquin Archivaldo Guzman Loera, known by various aliases including “El Chapo,” will face charges filed in Brooklyn, New York, following his extradition to the United States from Mexico, alleging that he was operating a continuing criminal enterprise and other drug-related crimes through his leadership of the Mexican organized crime syndicate known as the Sinaloa Cartel.

Acting Attorney General Yates was joined in making the announcement by U.S. Attorney Robert L. Capers of the Eastern District of New York; U.S. Attorney Wifredo A. Ferrer of the Southern District of Florida; Deputy Assistant Attorney General Kenneth Blanco of the Justice Department’s Criminal Division; Acting Administrator Chuck Rosenberg of the Drug Enforcement Administration (DEA); Executive Associate Director Peter T. Edge of U.S. Immigration and Customs Enforcement Homeland Security Investigations (HSI); Assistant Director In Charge William F. Sweeney of the FBI New York Field Office: U.S. Marshal Charles G. Dunne of the Eastern District of New York U.S. Marshals Service and Commissioner of the New York City Police Department James P. O’Neill.

Guzman Loera, 59, arrived in the United States on Jan. 19, and will be arraigned on a 17-count superseding indictment on Jan. 20, before U.S. Magistrate Judge James Orenstein in federal court in Brooklyn. The case is assigned to U.S. District Judge Brian M. Cogan. Following his extradition to the United States on related charges filed in the Western District of Texas and Southern District of California, the Mexican government approved a request by the United States to proceed with prosecution on the charges filed in the Eastern District of New York on May 11, 2016.

The charges in the indictment filed against Guzman Loera in the Eastern District of New York will be prosecuted jointly by the U.S. Attorney’s Offices in Brooklyn and Miami and the Narcotic and Dangerous Drug Section of the Criminal Division.

The indictment alleges that between January 1989 and December 2014, Guzman Loera led a continuing criminal enterprise responsible for importing into the United States and distributing massive amounts of illegal narcotics and conspiring to murder persons who posed a threat to Guzman Loera’s narcotics enterprise.

Guzman Loera is also charged with using firearms in relation to his drug trafficking and money laundering relating to the bulk smuggling from the United States to Mexico of more than $14 billion in cash proceeds from narcotics sales throughout the United States and Canada. As part of this investigation, nearly 200,000 kilograms of cocaine linked to the Sinaloa Cartel have been seized. The indictment seeks forfeiture of more than $14 billion in drug proceeds and illicit profits.

“Guzman Loera is the alleged leader of a multi-billion dollar, multi-national criminal enterprise that funneled drugs onto our streets and violence and misery into our communities,” said Acting Attorney General Yates. “We are deeply grateful to the Government of Mexico for their assistance in securing Guzman Loera’s extradition. The Mexican people have suffered greatly at the hands of Guzman Loera and the Sinaloa Cartel; Mexican law enforcement officials have died in the pursuit of him. We will honor their sacrifice and will honor Mexico’s commitment to combat narco-trafficking by pursuing justice in this case.”

“Guzman Loera is accused of using violence, including torture and murder, to maintain an iron-fisted grip on the drug trade across the U.S./Mexico border that invaded our community and others across the country,” said U.S. Attorney Capers. “As a result, Guzman Loera made billions of illicit dollars. This prosecution demonstrates that we will apply all available resources to dismantle the leadership of dangerous drug cartels, wherever they operate, and will not rest until we have done so.”

“Guzman Loera is accused of terrorizing communities all over the world,” said U.S. Attorney Ferrer. “With this prosecution we stand united, with our domestic and foreign partners, in our fight against transnational criminal organizations that profit billions of dollars off of the toxic spread of illicit drugs in our global communities. Today’s announcement demonstrates that international borders do not protect narcotics traffickers from criminal prosecution. We will continue to work together to combat narco-trafficking and the cartels that infect our streets, with the long-arm of the law.”

“This extradition is a tremendous victory for the citizens of Mexico and of the United States,” said DEA Acting Administrator Rosenberg. “Two principles stand out: No one is above the law and we simply do not quit in the pursuit of justice.”

“Through investigations led by our offices in New York and Nogales, Arizona, and the coordination efforts of our attaché in Mexico, Homeland Security Investigations gathered significant evidence that is instrumental in the case against Joaquin Guzman Loera in the United States for his alleged crimes as the head of the Sinaloa Cartel,” said HSI Executive Associate Director Edge. “We are pleased to have worked with our federal law enforcement partners to bring about yesterday’s extradition, and look forward to sharing the evidence gathered in this investigation in the criminal proceedings that will follow.”

“One of the most dangerous and feared drug kingpins will now be held accountable for his alleged crimes in the United States after decades of eluding law enforcement,” said FBI Assistant Director in Charge Sweeney. “After years of gathering evidence in multiple investigations, the FBI and our law enforcement partners will do everything we can to bring El Chapo to justice.”

“The U.S. Marshals Service will undertake this mission with the same sense of duty that we have undertaken previous missions for the last 228 years,” said U.S. Marshal Dunne. “We will preserve the integrity of the judicial process. We will protect the members of the Eastern District of New York family. We will secure this individual in a humane manner and we will bring him to court on time.”

As detailed in the superseding indictment and other court filings, Guzman Loera and Ismael Zambada Garcia, as leaders of the Sinaloa Cartel, conspired to import more than 200 metric tons of cocaine into the United States. The Sinaloa Cartel shared drug transportation routes and obtained drugs from various Colombian drug trafficking organizations, in particular, the Colombian Norte del Valle Cartel, the Don Lucho Organization, and the Cifuentes-Villa Organization. The cocaine was transported from Colombia via planes, boats, and submarines into ports the enterprise controlled in Southern Mexico and other locations throughout Central America. From there, it was shipped through Mexico to distribution hubs in the United States.

As one of the principal leaders of the Sinaloa Cartel, Guzman Loera allegedly also oversaw the cocaine, heroin, methamphetamine, and marijuana smuggling activities by the Sinaloa Cartel to wholesale distributors in Atlanta, Chicago, Miami, New York, as well as in various locations in Arizona, Los Angeles and elsewhere. The billions of dollars generated from drug sales in the United States were then clandestinely transported back to Mexico.

To evade law enforcement and protect the enterprise’s narcotics distribution activities, Guzman Loera and the Sinaloa Cartel allegedly employed various means including the use of “sicarios,” or hit men, who carried out hundreds of acts of violence in Mexico, including murder, to collect drug debts, silence potential witnesses, and prevent public officials from taking action against the cartel. To intimidate and eliminate his rivals, during the Sinaloa Cartel’s internecine war for territory with the Juarez Cartel from approximately 2007 through 2011, Guzman Loera directed these assassins to kill thousands of drug trafficking competitors, during which many of his victims were beheaded.

The government’s case is being prosecuted by Assistant U.S. Attorneys Andrea Goldbarg, Hiral Mehta, Patricia Notopoulos, Gina Parlovecchio and Michael Robotti from the Eastern District of New York; Assistant U.S. Attorneys Adam Fels, Lynn Kirkpatrick and Kurt Lunkenheimer from the Southern District of Florida; and Trial Attorneys Amanda Liskamm, Anthony Nardozzi and Michael Lang of the Criminal Division’s Narcotic and Dangerous Drug Section.

The case was investigated by the DEA, ICE and the FBI, in cooperation with Mexican and Colombian law enforcement authorities. Substantial assistance was provided by the U.S. Attorney’s Offices in the Northern District of Illinois, the Western District of Texas, the Southern District of New York, the Southern District of California, and the District of New Hampshire. The Department of Justice’s Office of International Affairs also provided assistance in bringing Guzman Loera to the United States to face charges. The investigative efforts in this case were coordinated with the Department of Justice’s Special Operations Division, comprising agents, analysts, and attorneys from the Criminal Division’s Narcotic and Dangerous Drug Section, DEA, FBI, ICE, the Bureau of Alcohol, Tobacco, Firearms and Explosives, the U.S. Marshals Service, the Internal Revenue Service Criminal Investigation, the U.S. Bureau of Prisons, and the New York State Police.

The United States would like to extend its appreciation to the Government of Mexico and, in particular, President Enrique Peña Nieto, Secretary of Foreign Affairs Luis Videgaray Caso and Attorney General Raul Cervantes Andrade for their assistance in this case.

This case is also the result of the ongoing efforts by the Organized Crime Drug Enforcement Task Force (OCDETF) a partnership that brings together the combined expertise and unique abilities of federal, state and local law enforcement agencies. The principal mission of the OCDETF program is to identify, disrupt, dismantle and prosecute high level members of drug trafficking, weapons trafficking and money laundering organizations and enterprises.

An indictment is a formal charging document notifying the defendant of the charges. All persons charged in an indictment are presumed innocent until proven guilty. Guzman faces a sentence of mandatory life imprisonment, if convicted of the continuing criminal enterprise charge, and a maximum sentence of life on the remaining charges.

Largest Health Care Fraud Enforcement Action in Department of Justice History

WASHINGTON – Attorney General Jeff Sessions and Department of Health and Human Services (HHS) Secretary Tom Price, M.D., announced today the largest ever health care fraud enforcement action by the Medicare Fraud Strike Force, involving 412 charged defendants across 41 federal districts, including 115 doctors, nurses and other licensed medical professionals, for their alleged participation in health care fraud schemes involving approximately $1.3 billion in false billings. Of those charged, over 120 defendants, including doctors, were charged for their roles in prescribing and distributing opioids and other dangerous narcotics. Thirty state Medicaid Fraud Control Units also participated in today’s arrests. In addition, HHS has initiated suspension actions against 295 providers, including doctors, nurses and pharmacists.

Attorney General Sessions and Secretary Price were joined in the announcement by Acting Assistant Attorney General Kenneth A. Blanco of the Justice Department’s Criminal Division, Acting Director Andrew McCabe of the FBI, Acting Administrator Chuck Rosenberg of the Drug Enforcement Administration (DEA), Inspector General Daniel Levinson of the HHS Office of Inspector General (OIG), Chief Don Fort of IRS Criminal Investigation, Administrator Seema Verma of the Centers for Medicare and Medicaid Services (CMS), and Deputy Director Kelly P. Mayo of the Defense Criminal Investigative Service (DCIS).

Today’s enforcement actions were led and coordinated by the Criminal Division, Fraud Section’s Health Care Fraud Unit in conjunction with its Medicare Fraud Strike Force (MFSF) partners, a partnership between the Criminal Division, U.S. Attorney’s Offices, the FBI and HHS-OIG. In addition, the operation includes the participation of the DEA, DCIS, and State Medicaid Fraud Control Units.

charges announced today aggressively target schemes billing Medicare, Medicaid, and TRICARE (a health insurance program for members and veterans of the armed forces and their families) for medically unnecessary prescription drugs and compounded medications that often were never even purchased and/or distributed to beneficiaries. The charges also involve individuals contributing to the opioid epidemic, with a particular focus on medical professionals involved in the unlawful distribution of opioids and other prescription narcotics, a particular focus for the Department. According to the CDC, approximately 91 Americans die every day of an opioid related overdose.

“Too many trusted medical professionals like doctors, nurses, and pharmacists have chosen to violate their oaths and put greed ahead of their patients,” said Attorney General Sessions. “Amazingly, some have made their practices into multimillion dollar criminal enterprises. They seem oblivious to the disastrous consequences of their greed. Their actions not only enrich themselves often at the expense of taxpayers but also feed addictions and cause addictions to start. The consequences are real: emergency rooms, jail cells, futures lost, and graveyards. While today is a historic day, the Department's work is not finished. In fact, it is just beginning. We will continue to find, arrest, prosecute, convict, and incarcerate fraudsters and drug dealers wherever they are.”

“Healthcare fraud is not only a criminal act that costs billions of taxpayer dollars - it is an affront to all Americans who rely on our national healthcare programs for access to critical healthcare services and a violation of trust,” said Secretary Price. “The United States is home to the world’s best medical professionals, but their ability to provide affordable, high-quality care to their patients is jeopardized every time a criminal commits healthcare fraud. That is why this Administration is committed to bringing these criminals to justice, as President Trump demonstrated in his 2017 budget request calling for a new $70 million investment in the Health Care Fraud and Abuse Control Program. The historic results of this year’s national takedown represent significant progress toward protecting the integrity and sustainability of Medicare and Medicaid, which we will continue to build upon in the years to come.”

According to court documents, the defendants allegedly participated in schemes to submit claims to Medicare, Medicaid and TRICARE for treatments that were medically unnecessary and often never provided. In many cases, patient recruiters, beneficiaries and other co-conspirators were allegedly paid cash kickbacks in return for supplying beneficiary information to providers, so that the providers could then submit fraudulent bills to Medicare for services that were medically unnecessary or never performed. The number of medical professionals charged is particularly significant, because virtually every health care fraud scheme requires a corrupt medical professional to be involved in order for Medicare or Medicaid to pay the fraudulent claims. Aggressively pursuing corrupt medical professionals not only has a deterrent effect on other medical professionals, but also ensures that their licenses can no longer be used to bilk the system.

“This week, thanks to the work of dedicated investigators and analysts, we arrested once-trusted doctors, pharmacists and other medical professionals who were corrupted by greed,” said Acting Director McCabe. “The FBI is committed to working with our partners on the front lines of the fight against heath care fraud to stop those who steal from the government and deceive the American public.”

“Health care fraud is a reprehensible crime. It not only represents a theft from taxpayers who fund these vital programs, but impacts the millions of Americans who rely on Medicare and Medicaid,” said Inspector General Levinson. “In the worst fraud cases, greed overpowers care, putting patients’ health at risk. OIG will continue to play a vital leadership role in the Medicare Fraud Strike Force to track down those who abuse important federal health care programs.”

“Our enforcement actions underscore the commitment of the Defense Criminal Investigative Service and our partners to vigorously investigate fraud perpetrated against the DoD's TRICARE Program. We will continue to relentlessly investigate health care fraud, ensure the taxpayers' health care dollars are properly spent, and endeavor to guarantee our service members, military retirees, and their dependents receive the high standard of care they deserve,” advised Deputy Director Mayo.

“Last year, an estimated 59,000 Americans died from a drug overdose, many linked to the misuse of prescription drugs. This is, quite simply, an epidemic,” said Acting Administrator Rosenberg. “There is a great responsibility that goes along with handling controlled prescription drugs, and DEA and its partners remain absolutely committed to fighting the opioid epidemic using all the tools at our disposal.”

“Every defendant in today’s announcement shares one common trait - greed,” said Chief Fort. “The desire for money and material items drove these individuals to perpetrate crimes against our healthcare system and prey upon many of the vulnerable in our society. Thanks to the financial expertise and diligence of IRS-CI special agents, who worked side-by-side with other federal, state and local law enforcement officers to uncover these schemes, these criminals are off the street and will now face the consequences of their actions.”

The Medicare Fraud Strike Force operations are part of a joint initiative between the Department of Justice and HHS to focus their efforts to prevent and deter fraud and enforce current anti-fraud laws around the country. The Medicare Fraud Strike Force operates in nine locations nationwide. Since its inception in March 2007, the Medicare Fraud Strike Force has charged over 3500 defendants who collectively have falsely billed the Medicare program for over $12.5 billion.

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For the Strike Force locations, in the Southern District of Florida, a total of 77 defendants were charged with offenses relating to their participation in various fraud schemes involving over $141 million in false billings for services including home health care, mental health services and pharmacy fraud. In one case, the owner and operator of a purported addiction treatment center and home for recovering addicts and one other individual were charged in a scheme involving the submission of over $58 million in fraudulent medical insurance claims for purported drug treatment services. The allegations include actively recruiting addicted patients to move to South Florida so that the co-conspirators could bill insurance companies for fraudulent treatment and testing, in return for which, the co-conspirators offered kickbacks to patients in the form of gift cards, free airline travel, trips to casinos and strip clubs, and drugs.

In the Eastern District of Michigan, 32 defendants face charges for their alleged roles in fraud, kickback, money laundering and drug diversion schemes involving approximately $218 million in false claims for services that were medically unnecessary or never rendered. In one case, nine defendants, including six physicians, were charged with prescribing medically unnecessary controlled substances, some of which were sold on the street, and billing Medicare for $164 million in facet joint injections, drug testing, and other procedures that were medically unnecessary and/or not provided.

In the Southern District of Texas, 26 individuals were charged in cases involving over $66 million in alleged fraud. Among these defendants are a physician and a clinic owner who were indicted on one count of conspiracy to distribute and dispense controlled substances and three substantive counts of distribution of controlled substances in connection with a purported pain management clinic that is alleged to have been the highest prescribing hydrocodone clinic in Houston, where approximately 60-70 people were seen daily, and were issued medically unnecessary prescriptions for hydrocodone in exchange for approximately $300 cash per visit.

In the Central District of California, 17 defendants were charged for their roles in schemes to defraud Medicare out of approximately $147 million. Two of these defendants were indicted for their alleged involvement in a $41.5 million scheme to defraud Medicare and a private insurer. This was purportedly done by submitting fraudulent claims, and receiving payments for, prescription drugs that were not filled by the pharmacy nor given to patients.

In the Northern District of Illinois, 15 individuals were charged in cases related to six different schemes concerning home health care services and physical therapy fraud, kickbacks, and mail and wire fraud. These schemes involved allegedly over $12.7 million in fraudulent billing. One case allegedly involved $7 million in fraudulent billing to Medicare for home health services that were not necessary nor rendered.

In the Middle District of Florida, 10 individuals were charged with participating in a variety of schemes involving almost $14 million in fraudulent billing. In one case, three defendants were charged in a $4 million scheme to defraud the TRICARE program. In that case, it is alleged that a defendant falsely represented himself to be a retired Lieutenant Commander of the United States Navy Submarine Service. It is alleged that he did so in order to gain the trust and personal identifying information from TRICARE beneficiaries, many of whom were members and veterans of the armed forces, for use in the scheme.

In the Eastern District of New York, ten individuals were charged with participating in a variety of schemes including kickbacks, services not rendered, and money laundering involving over $151 million in fraudulent billings to Medicare and Medicaid. Approximately $100 million of those fraudulent billings were allegedly part of a scheme in which five health care professionals paid illegal kickbacks in exchange for patient referrals to their own clinics.

In the Southern Louisiana Strike Force, operating in the Middle and Eastern Districts of Louisiana as well as the Southern District of Mississippi, seven defendants were charged in connection with health care fraud, wire fraud, and kickback schemes involving more than $207 million in fraudulent billing. One case involved a pharmacist who was charged with submitting and causing the submission of $192 million in false and fraudulent claims to TRICARE and other health care benefit programs for dispensing compounded medications that were not medically necessary and often based on prescriptions induced by illegal kickback payments.

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In addition to the Strike Force locations, today’s enforcement actions include cases and investigations brought by an additional 31 U.S. Attorney’s Offices, including the execution of search warrants in investigations conducted by the Eastern District of California and the Northern District of Ohio.

In the Northern and Southern Districts of Alabama, three defendants were charged for their roles in two health care fraud schemes involving pharmacy fraud and drug diversion.

In the Eastern District of Arkansas, 24 defendants were charged for their roles in three drug diversion schemes that were all investigated by the DEA.

In the Northern and Southern Districts of California, four defendants, including a physician, were charged for their roles in a drug diversion scheme and a health care fraud scheme involving kickbacks.

In the District of Connecticut, three defendants were charged in two health care fraud schemes, including a scheme involving two physicians who fraudulently billed Medicaid for services that were not rendered and for the provision of oxycodone with knowledge that the prescriptions were not medically necessary.

In the Northern and Southern Districts of Georgia, three defendants were charged in two health care fraud schemes involving nearly $1.5 million in fraudulent billing.

In the Southern District of Illinois, five defendants were charged in five separate schemes to defraud the Medicaid program.

In the Northern and Southern Districts of Indiana, at least five defendants were charged in various health care fraud schemes related to the unlawful distribution and dispensing of controlled substances, kickbacks, and services not rendered.

In the Southern District of Iowa, five defendants were charged in two schemes involving the distribution of opioids.

In the Western District of Kentucky, 11 defendants were charged with defrauding the Medicaid program. In one case, four defendants, including three medical professionals, were charged with distributing controlled substances and fraudulently billing the Medicaid program.

In the District of Maine, an office manager was charged with embezzling funds from a medical office.

In the Eastern and Western Districts of Missouri, 16 defendants were charged in schemes involving over $16 million in claims, including 10 defendants charged as part of a scheme involving fraudulent lab testing.

In the District of Nebraska, a dentist was charged with defrauding the Medicaid program.

In the District of Nevada, two defendants, including a physician, were charged in a scheme involving false hospice claims.

In the Northern, Southern, and Western Districts of New York, five defendants, including two physicians and two pharmacists, were charged in schemes involving drug diversion and pharmacy fraud.

In the Southern District of Ohio, five defendants, including four physicians, were charged in connection with schemes involving $12 million in claims to the Medicaid program.

In the District of Puerto Rico, 13 defendants, including three physicians and two pharmacists, were charged in four schemes involving drug diversion, Medicaid fraud, and the theft of funds from a health care program.

In the Eastern District of Tennessee, three defendants were charged in a scheme involving fraudulent billings and the distribution of opioids.

In the Eastern, Northern, and Western Districts of Texas, nine defendants were charged in schemes involving over $42 million in fraudulent billing, including a scheme involving false claims for compounded medications.

In the District of Utah, a nurse practitioner was charged in connection with fraudulently obtaining a controlled substance, tampering with a consumer product, and infecting over seven individuals with Hepatitis C.

In the Eastern District of Virginia, a defendant was charged in connection with a scheme involving identify theft and fraudulent billings to the Medicaid program.

In addition, in the states of Arizona, Arkansas, California, Delaware, Illinois, Iowa, Louisiana, Massachusetts, Michigan, Minnesota, Mississippi, New York, Oklahoma, Pennsylvania, Rhode Island, South Dakota, Texas, Utah, Vermont and Washington, 96 defendants have been charged in criminal and civil actions with defrauding the Medicaid program out of over $31 million. These cases were investigated by each state’s respective Medicaid Fraud Control Units. In addition, the Medicaid Fraud Control Units of the states of Alabama, Florida, Georgia, Illinois, Indiana, Iowa, Kansas, Kentucky, Missouri, Nebraska, New York, North Carolina, Ohio, Texas, and Utah participated in the investigation of many of the federal cases discussed above.

The cases announced today are being prosecuted and investigated by U.S. Attorney’s Offices nationwide, along with Medicare Fraud Strike Force teams from the Criminal Division’s Fraud Section and from the U.S. Attorney’s Offices of the Southern District of Florida, Eastern District of Michigan, Eastern District of New York, Southern District of Texas, Central District of California, Eastern District of Louisiana, Northern District of Texas, Northern District of Illinois and the Middle District of Florida; and agents from the FBI, HHS-OIG, Drug Enforcement Administration, DCIS and state Medicaid Fraud Control Units.

A complaint, information, or indictment is merely an allegation, and all defendants are presumed innocent unless and until proven guilty.

Additional documents related to this announcement will shortly be available here: https://www.justice.gov/opa/documents-and-resources-july-13-2017.

This operation also highlights the great work being done by the Department of Justice’s Civil Division. In the past fiscal year, the Department of Justice, including the Civil Division, has collectively won or negotiated over $2.5 billion in judgements and settlements related to matters alleging health care fraud.

MIAMI – Today, a Nigerian national pleaded guilty in the U.S. District Court for the Southern District of Florida to operating a transnational inheritance fraud scheme that defrauded elderly and vulnerable consumers across the United States.According to court documents, Okezie Bonaventure Ogbata, 36, was a member of a group of fraudsters that sent personalized letters to elderly victims in the United States over the course of several years. The letters falsely claimed that the sender was a representative of a bank in Spain and that the recipient was entitled to receive a multimillion-dollar inheritance left for the recipient by a family member who had died overseas years before. Ogbata and his co-conspirators told a series of lies to victims, including that, before they could receive their purported inheritance, they were required to send money for delivery fees, taxes and other payments to avoid questioning from government authorities. Ogbata and his co-conspirators collected money victims sent in response to the fraudulent letters through a complex web of U.S.-based former victims, whom the defendants convinced to receive money and forward to the defendants or persons associated with them. Victims who sent money never received any purported inheritance funds. In pleading guilty, Ogbata admitted to defrauding over $6 million from more than 400 victims, many of whom were elderly or otherwise vulnerable.“The long arm of the American justice system has no limits when it comes to reaching fraudsters who prey on our nation’s most vulnerable populations, to include the elderly,” said U.S. Attorney Markenzy Lapointe for the Southern District of Florida. “We will not allow transnational criminals to steal money from the public we serve. Individuals who defraud American consumers will be brought to justice, no matter where they are located.”“The Justice Department’s Consumer Protection Branch will continue to pursue transnational criminals wherever they are located,” said Principal Deputy Assistant Attorney General Brian M. Boynton, head of the Justice Department’s Civil Division. “This case is a testament to the critical role of international collaboration in tackling transnational crime. I want to thank the members of the U.S. Postal Inspection Service (USPIS) and Homeland Security Investigations (HSI), as well as the Portuguese Judicial Police and Public Prosecution Service of Portugal, for their outstanding contributions to this case.”“The U.S. Postal Inspection Service (USPIS) has a long tradition of protecting American citizens from these types of schemes and bringing those responsible to justice,” said Acting Postal Inspector in Charge Steven Hodges of the USPIS Miami Division. “This guilty plea is a testament to the dedicated partnership between the Department of Justice’s Consumer Protection Branch, HSI and USPIS to protect our citizens from these scams.”“Transnational fraud schemes thrive in the shadows, turning illicit gains into a facade of legitimacy, especially those involving seniors or other vulnerable people,” said Special Agent in Charge Francisco B. Burrola of HSI Arizona. “HSI and our law enforcement partners commitment to investigate criminals who steal money sends a clear message: justice will prevail, and those who exploit others for personal gain will be held accountable. We thank all our partners who assisted in this investigation.”On Jan. 15, Ogbata pleaded guilty to conspiracy to commit mail and wire fraud. Ogbata is scheduled to be sentenced by U.S. District Judge Roy K. Altman on April 14. Ogbata faces a maximum penalty of 20 years in prison.This is the second indicted case related to this international fraud scheme. Six other co-conspirators from the United Kingdom, Spain and Nigeria have previously been convicted and sentenced in connection with this scheme. On Nov. 1, 2023, the Honorable Kathleen M. Williams sentenced Ezennia Peter Neboh, who was extradited from Spain, to 128 months in prison. On Oct. 20, 2023, Judge Williams sentenced another defendant who was also extradited from Spain, Kennedy Ikponmwosa, to 97 months in prison. Three other defendants who were extradited from the United Kingdom also received prison sentences. Judge Williams sentenced Emmanuel Samuel, Jerry Chucks Ozor and Iheanyichukwu Jonathan Abraham to prison sentences of 82 months, 87 months and 90 months, respectively, for their roles in the scheme. Lastly, Prince Amos Okey Ezemma was paroled into the United States from Nigeria and was sentenced to 90 months in prison for his role in the scheme.USPIS, HSI and the Consumer Protection Branch are investigating the case.Senior Trial Attorney and Transnational Criminal Litigation Coordinator Phil Toomajian and Trial Attorneys Josh Rothman and Brianna Gardner of the Justice Department’s Consumer Protection Branch are prosecuting the case. The Justice Department’s Office of International Affairs, U.S. Attorney’s Office for the Southern District of Florida, Department of State’s Diplomatic Security Service, UK National Crime Agency, and authorities from Spain and Portugal all provided critical assistance.If you or someone you know is age 60 or older and has been a victim of financial fraud, help is standing by at the National Elder Fraud Hotline: 1-833-FRAUD-11 (1-833-372-8311). This Justice Department hotline, managed by the Office for Victims of Crime, is staffed by experienced professionals who provide personalized support to callers by assessing the needs of the victim and identifying relevant next steps. Case managers will identify appropriate reporting agencies, provide information to callers to assist them in reporting, connect callers directly with appropriate agencies and provide resources and referrals, on a case-by-case basis. Reporting is the first step. Reporting can help authorities identify those who commit fraud and reporting certain financial losses due to fraud as soon as possible can increase the likelihood of recovering losses. The hotline is open Monday through Friday from 10:00 a.m. to 6:00 p.m. ET. English, Spanish and other languages are available.More information about the department’s efforts to help American seniors is available at its Elder Justice Initiative webpage. For more information about the Consumer Protection Branch and its enforcement efforts, visit www.justice.gov/civil/consumer-protection-branch. Elder fraud complaints can be filed with the FTC at reportfraud.ftc.gov/ or at 877-FTC-HELP. The Justice Department provides a variety of resources relating to elder fraud victimization through its Office for Victims of Crime, which can be reached at www.ovc.gov.###

WASHINGTON – Attorney General Jeff Sessions and Department of Health and Human Services (HHS) Secretary Tom Price, M.D., announced today the largest ever health care fraud enforcement action by the Medicare Fraud Strike Force, involving 412 charged defendants across 41 federal districts, including over 115 doctors, nurses and other licensed medical professionals, for their alleged participation in health care fraud schemes involving over $1.3 billion in false billings. Of those charged, over 120 defendants, including doctors, were charged for their roles in prescribing and distributing opioids and other dangerous narcotics. Thirty state Medicaid Fraud Control Units also participated in today’s arrests. In addition, HHS has initiated suspension against 295 providers, including doctors, nurses, and pharmacists.

 

Attorney General Sessions and Secretary Price were joined in the announcement by Acting Assistant Attorney General Kenneth A. Blanco of the Justice Department’s Criminal Division, Acting Director Andrew McCabe of the FBI, Acting Administrator Chuck Rosenberg of the Drug Enforcement Administration (DEA), Inspector General Daniel Levinson of the HHS Office of Inspector General (OIG), Chief Don Fort of IRS Criminal Investigation, Administrator Seema Verma of the Centers for Medicare and Medicaid Services (CMS), and Deputy Director Kelly P. Mayo of the Defense Criminal Investigative Service (DCIS).

 

Today’s enforcement actions were led and coordinated by the Criminal Division, Fraud Section’s Health Care Fraud Unit in conjunction with its Medicare Fraud Strike Force (MFSF) partners, a partnership between the Criminal Division, U.S. Attorney’s Offices, the FBI and HHS-OIG. In addition, the operation includes the participation of the DEA, DCIS, and State Medicaid Fraud Control Units.

 

The charges announced today aggressively target schemes billing Medicare, Medicaid, and TRICARE (a health insurance program for members and veterans of the armed forces and their families) for medically unnecessary prescription drugs and compounded medications that often were never even purchased and/or distributed to beneficiaries. The charges also involve individuals contributing to the opioid epidemic, with a particular focus on medical professionals involved in the unlawful distribution of opioids and other prescription narcotics. According to the Centers for Disease Control, approximately 91 Americans die every day of an opioid related overdose.

 

“Too many trusted medical professionals like doctors, nurses, and pharmacists have chosen to violate their oaths and put greed ahead of their patients,” said Attorney General Sessions. “Amazingly, some have made their practices into multimillion dollar criminal enterprises. They seem oblivious to the disastrous consequences of their greed. Their actions not only enrich themselves often at the expense of taxpayers but also feed addictions and cause addictions to start. The consequences are real: emergency rooms, jail cells, futures lost, and graveyards. While today is a historic day, the Department's work is not finished. In fact, it is just beginning. We will continue to find, arrest, prosecute, convict, and incarcerate fraudsters and drug dealers wherever they are.”

 

“Protecting our nation’s health care programs is a top priority of our Office,” said Acting U.S. Attorney Muldrow. “The coordinated actions today demonstrate our resolve to prosecute those who commit fraud against our health care programs. We will continue in our pursuit against those who violate the law to enrich themselves by defrauding our public systems and its customers by stealing from federal health care programs and the American taxpayers.”

 

According to court documents, the defendants allegedly participated in schemes to submit claims to Medicare, Medicaid, and TRICARE for treatments that were medically unnecessary and often never provided. In many cases, patient recruiters, beneficiaries and other co-conspirators were allegedly paid cash kickbacks in return for supplying beneficiary information to providers, so that the providers could then submit fraudulent bills to Medicare for services that were medically unnecessary or never performed. The number of medical professionals charged is particularly significant, because virtually every health care fraud scheme requires a corrupt medical professional to be involved in order for Medicare or Medicaid to pay the fraudulent claims. Aggressively pursuing corrupt medical professionals not only has a deterrent effect on other medical professionals, but also ensures that their licenses can no longer be used to bilk the system.

 

The Medicare Fraud Strike Force operations are part of a joint initiative between the Department of Justice and HHS to focus their efforts to prevent and deter fraud and enforce current anti-fraud laws around the country. The Medicare Fraud Strike Force operates in nine locations nationwide. Since its inception in March 2007, the Medicare Fraud Strike Force has charged over 3,500 defendants who collectively have falsely billed the Medicare program for over $12.5 billion.

 

The cases announced today are being prosecuted and investigated by U.S. Attorney’s Offices nationwide, along with Medicare Fraud Strike Force teams from the Criminal Division’s Fraud Section and from the U.S. Attorney’s Offices of the Southern District of Florida, Eastern District of Michigan, Eastern District of New York, Southern District of Texas, Central District of California, Eastern District of Louisiana, Northern District of Texas, Northern District of Illinois, and Middle District of Florida; and agents from the FBI, HHS-OIG, Drug Enforcement Administration, DCIS, and state Medicaid Fraud Control Units.

 

A complaint, information, or indictment is merely an allegation, and all defendants are presumed innocent unless and until proven guilty.

 

Additional documents related to this announcement will shortly be available here: https://www.justice.gov/opa/documents-and-resources-july-13-2017.

 

In the Middle District of Florida, 10 individuals were charged with participating in a variety of schemes.

 

Middle District of Florida Case Highlights

 

Richard Martin (56, Orlando), a former sales representative for Advanced BioHealing, Inc. (ABH), has been charged with conspiracy to violate the anti-kickback statute and to commit mail and health care fraud. According to court documents, ABH was a biopharmaceutical company that developed and commercialized bioengineered tissue products and regenerative medicine therapies. In 2006, ABH acquired the rights to Dermagraft, a bioengineered skin substitute approved for the treatment of diabetic foot ulcers, and began selling the product to treating physicians. The indictment alleges that in late 2010, Martin and others conspired to bill the Medicare Part B program as if an entire Dermagraft (38 square centimeters) was used to treat each Medicare beneficiary. In truth, Martin and others routinely divided or split the skin substitute into multiple sections for applications on multiple Medicare beneficiaries, resulting in double billing. The indictment further alleges that Martin violated the anti-kickback statute by offering and providing free office medical supplies, free Dermagraft samples, multiple meals and other consumables, and uncompensated medical office procedures and services.

 

Larry B. Howard (53, Oviedo), a pharmacist and the owner and operator of Fertility Pharmacy d/b/a TRICARE Wellness, has been charged with one count of conspiracy to pay and receive illegal kickbacks, two counts of paying illegal kickbacks, and two counts of money laundering. Nicole R. Bramwell (51, Apopka), a physician, and Raymond L. Stone (57, Orlando), a patient recruiter, have each been charged with one count of conspiracy to pay and receive illegal kickbacks and one count of receiving illegal kickbacks. These charges stem from their alleged roles in a $4.3 million compounding pharmacy scheme that impacted the TRICARE program.

 

Michael J. Anderson (64, formerly of Windermere), a managing member and operator of DMA Logistics LLC, has been charged with one count of conspiracy to commit health care fraud and wire fraud, and two counts of money laundering. These charges stem from Anderson’s alleged role in a $5.7 million compounding pharmacy fraud scheme that impacted the TRICARE program.

 

Podiatrist Michael Rotstein (Ocala, 55) has pleaded guilty to one count of healthcare fraud. He faces a maximum penalty of 10 years’ imprisonment and must pay mandatory restitution of approximately $1.5 million. A sentencing date has not yet been set. According to the plea agreement, when billing the Medicare and TRICARE programs Rotstein claimed that nearly half of his procedures were for the removal of skin and muscle, placing him in the top one-percent of billers nationwide for this procedure. In reality, Rotstein did not actually perform these procedures. Rather, the majority of the times that he billed for these procedures, he was actually performing routine foot care, including the clipping of toenails, which is not a reimbursable service under the Medicare or TRICARE program. Since the services performed were not reimbursable, Rotstein devised a scheme to submit claims to Medicare and TRICARE that included using a false diagnosis code and false billing code. As a result of the scheme, Rotstein received $1,504,952.67 in healthcare reimbursements to which he was not entitled.

 

Jack Gehring (68, Margate) has been charged with trafficking prescription opioids, primarily oxycodone, from late 2010 through 2017. According to the criminal complaint, in addition to acquiring pills himself, Gehring conspired with family members, including his brother, Patrick Gehring (59, Davie), his daughter, Tina Gehring (45, Coral Springs), and several others, including Sean Grelecki (45, Deltona). The conspirators fraudulently acquired and filled prescriptions for thousands of oxycodone pills, and other drugs, in order to illegally distribute them at black market prices of $20 per pill or more. Gehring paid for the health visits and the pharmacy costs for the oxycodone for those who fraudulently acquired pills for him. He also paid the prescription filler $600 to $900 per month, depending on the number of pills acquired. Jack Gehring then distributed thousands of oxycodone pills in Florida, Massachusetts, Connecticut, and elsewhere.

 

The Middle District of Florida cases are being handled by Assistant U.S. Attorneys Jay Trezevant, Thomas Palermo, Jason Mehta, Jackson Boggs, and DOJ Senior Trial Attorney Christopher Hunter of the Fraud Section.

 

This operation also highlights the great work being done by the Department of Justice’s Civil Division. In the past fiscal year, the Department of Justice, including the Civil Division, has collectively won or negotiated over $2.5 billion in judgments and settlements related to matters alleging health care fraud.

Tacoma – A Pierce County, Washington man was sentenced today in U.S. District Court in Tacoma to four years in prison for unlawful possession of a machinegun and unlawful possession of firearms related to his October 2023 arrest at a Fife, Washington auto glass business, announced U.S. Attorney Tessa M. Gorman. Brady Lee Eltz, 39, has been in custody since his federal arrest on October 31, 2023. At the sentencing hearing Chief U.S. District Judge David G. Estudillo said, “This conduct is not only serious but alarming to read about and see. You possessed very dangerous weapons. It’s unclear what your motivation was.” 

According to records filed in the case, on October 4, 2023, Fife Police were dispatched to an auto-glass repair shop where workers at the shop reported seeing firearms in the trunk of a vehicle Eltz brought in for repair. Workers also reported seeing bullet holes in the vehicle.

After law enforcement took Eltz into custody, they checked the bathroom at the business because Eltz had gone into the bathroom when he saw police arrive. In the cabinet below the sink police found two firearms – 9 mm handguns. One, a Glock, had an illegal switch known as an “auto-sear” installed. The switch allows the gun to be fired automatically, making it a machinegun. The Glock had been reported stolen. Both the Glock and the other handgun had rounds chambered.

Fife Police towed Eltz’s vehicle and applied for a warrant to search it. During the search of the vehicle’s trunk, they found three additional firearms – including a stolen rifle that had been modified to fire automatically, making it a machinegun. Police then discovered a bag with two improvised explosive devices. Pierce County Sheriff’s Office bomb technicians were called in to evaluate the devices and make them safe. One was an explosive simulator likely stolen from the U.S. Army. It can cause serious bodily injury if exploded in a confined space. The second explosive was a thick cardboard tube filled with a black flammable powder.

After the explosives were made safe, police continued their search of the trunk and found two additional rifles, hundreds of rounds of ammunition, latex face masks, body armor, gun sights, holsters, and other firearms accessories. Eltz also had GPS trackers, several knives, and a voice-changing device.

As prosecutors wrote in their sentencing memo, Eltz has a history of collecting similar armaments, false credentials, and disguises. “In 2007, he had a gun magazine loaded with 30 rounds of hollow point ammunition, a homemade silencer, ballistic helmet, handcuffs, emergency vehicle red light, sword, electronic stun gun, nun-chucks, knives, and a City of Milton “Director of Public Safety” badge. In 2012, Eltz had a stolen rifle with a silencer, three pistols, two other rifles, a US Army backpack with Army gear, a Department of Defense identification card (in another name), multiple rifle and pistol magazines (loaded), a law enforcement duty belt, a WSP “SWAT Sergeant” shirt, night vision goggles, large military-style knives, and more. At the time, he was driving an older style police vehicle that still had emergency lights.”

All the guns, ammunition and auto-sear devices in this case are being forfeited to the government.

Eltz is prohibited from possessing any firearms because of criminal convictions including a 2013 conviction in the Western District of Washington for unlawful possession of firearms. Eltz was sentenced to five years in prison for that crime.

The case was investigated by the Bureau of Alcohol, Tobacco, Firearms, & Explosives (ATF) with assistance from the Fife Police Department and the Pierce County Sheriff’s Office. The Washington State Patrol assisted with locating and arresting Eltz on a federal warrant after he posted bail and left state custody.

The case was prosecuted by Assistant United States Attorney Marci L. Ellsworth. 

WASHINGTON – Attorney General Jeff Sessions and Department of Health and Human Services (HHS) Secretary Tom Price, M.D., announced today the largest ever health care fraud enforcement action by the Medicare Fraud Strike Force, involving 412 charged defendants across 41 federal districts, including 115 doctors, nurses and other licensed medical professionals, for their alleged participation in health care fraud schemes involving approximately $1.3 billion in false billings. Of those charged, over 120 defendants, including doctors, were charged for their roles in prescribing and distributing opioids and other dangerous narcotics. Thirty state Medicaid Fraud Control Units also participated in today’s arrests. In addition, HHS has initiated suspension actions against 295 providers, including doctors, nurses and pharmacists.

 

Attorney General Sessions and Secretary Price were joined in the announcement by Acting Assistant Attorney General Kenneth A. Blanco of the Justice Department’s Criminal Division, Acting Director Andrew McCabe of the FBI, Acting Administrator Chuck Rosenberg of the Drug Enforcement Administration (DEA), Inspector General Daniel Levinson of the HHS Office of Inspector General (OIG), Chief Don Fort of IRS Criminal Investigation, Administrator Seema Verma of the Centers for Medicare and Medicaid Services (CMS), and Deputy Director Kelly P. Mayo of the Defense Criminal Investigative Service (DCIS).

 

Today’s enforcement actions were led and coordinated by the Criminal Division, Fraud Section’s Health Care Fraud Unit in conjunction with its Medicare Fraud Strike Force (MFSF) partners, a partnership between the Criminal Division, U.S. Attorney’s Offices, the FBI and HHS-OIG. In addition, the operation includes the participation of the DEA, DCIS, and State Medicaid Fraud Control Units.

 

The charges announced today aggressively target schemes billing Medicare, Medicaid, and TRICARE (a health insurance program for members and veterans of the armed forces and their families) for medically unnecessary prescription drugs and compounded medications that often were never even purchased and/or distributed to beneficiaries. The charges also involve individuals contributing to the opioid epidemic, with a particular focus on medical professionals involved in the unlawful distribution of opioids and other prescription narcotics, a particular focus for the Department. According to the CDC, approximately 91 Americans die every day of an opioid related overdose.

 

“Too many trusted medical professionals like doctors, nurses, and pharmacists have chosen to violate their oaths and put greed ahead of their patients,” said Attorney General Sessions. “Amazingly, some have made their practices into multimillion dollar criminal enterprises. They seem oblivious to the disastrous consequences of their greed. Their actions not only enrich themselves often at the expense of taxpayers but also feed addictions and cause addictions to start. The consequences are real: emergency rooms, jail cells, futures lost, and graveyards. While today is a historic day, the Department's work is not finished. In fact, it is just beginning. We will continue to find, arrest, prosecute, convict, and incarcerate fraudsters and drug dealers wherever they are.”

 

“Today’s announcement demonstrates the Department of Justice’s commitment to focus investigative resources on individuals who choose to pursue profit over public health. Ultimately, health care fraud deprives the elderly and disabled from benefits they are entitled to receive,” said US Attorney Rosa Emilia Rodríguez-Vélez. “We will continue to aggressively pursue and prosecute those who commit fraud against our nation’s federal healthcare programs.”

 

“Healthcare fraud is not only a criminal act that costs billions of taxpayer dollars - it is an affront to all Americans who rely on our national healthcare programs for access to critical healthcare services and a violation of trust,” said Secretary Price. “The United States is home to the world’s best medical professionals, but their ability to provide affordable, high-quality care to their patients is jeopardized every time a criminal commits healthcare fraud. That is why this Administration is committed to bringing these criminals to justice, as President Trump demonstrated in his 2017 budget request calling for a new $70 million investment in the Health Care Fraud and Abuse Control Program. The historic results of this year’s national takedown represent significant progress toward protecting the integrity and sustainability of Medicare and Medicaid, which we will continue to build upon in the years to come.”

 

According to court documents, the defendants allegedly participated in schemes to submit claims to Medicare, Medicaid and TRICARE for treatments that were medically unnecessary and often never provided. In many cases, patient recruiters, beneficiaries and other co-conspirators were allegedly paid cash kickbacks in return for supplying beneficiary information to providers, so that the providers could then submit fraudulent bills to Medicare for services that were medically unnecessary or never performed. The number of medical professionals charged is particularly significant, because virtually every health care fraud scheme requires a corrupt medical professional to be involved in order for Medicare or Medicaid to pay the fraudulent claims. Aggressively pursuing corrupt medical professionals not only has a deterrent effect on other medical professionals, but also ensures that their licenses can no longer be used to bilk the system.

 

As part of this national effort, the District of Puerto Rico charged 13 individuals in six separate indictments, including three physicians and two pharmacists, in four schemes involving drug diversion, Medicaid fraud, and the theft of funds from a health care program. Defendants Miguel Hernández-Marquez, owner of Farmacia Condado Moderno in Caguas; Guillermo Tirado-Menéndez, a physician specialized in internal medicine with offices located in Caguas and Cidra; Gilberto Figueroa-Trinidad, aka “Chino;” Rebecca Sierra-López, aka “Rebe,” a nurse; William Vélez-Montes, a pharmacist; and Myrna Nevares-Sobrino, a pharmacist, are charged for their participation in a conspiracy to manufacture, distribute and dispense - outside the scope of professional practice and not for a legitimate medical purpose - a controlled substance, that is, at least 70,000 units of Oxycodone (commonly known as Percocet), and at least 40,000 units of Alprazolam (commonly known as Xanax).

 

In a separate indictment, defendants Hernández-Marquez, Figueroa-Trinidad, Vélez-Montes and Nevares-Sobrino; along with Luis Vélez-Quiñones, a physician specialized in internal medicine with office located in Guánica; and Laura López-Rolón are charged with conspiracy to manufacture, distribute and dispense - outside the scope of professional practice and not for a legitimate medical purpose - a controlled substance, that is, at least 77,000 units of Oxycodone, at least 47,000 units of Alprazolam, and at least 40,000 units of Tramadol.

 

In a third indictment, Ivette Caraballo-Pérez, aka “Tita” and Steven Velázquez-Pérez are charged with conspiracy to possess with intent to distribute Oxycodone. The fourth indictment charges José Vega-Emmanuelli, a DEA registrant with the authorization to dispense controlled substances, with possession with intent to dispense, outside the scope of professional practice and not for a legitimate medical purpose, Oxycodone and Alprazolam.

 

Defendant Luz De Alba Quezada-De Jesús, a Postal Service employee, is charged with health care fraud and false statements relating to health care matters. Quezada-De Jesús certified that she was unemployed in order to receive Medicaid benefits, also known as Mi Salud, through First Medical Health Plan Inc. In a separate indictment, Yalixa Flores-Fuentes, employed by MMM Healthcare, LLC is charged with bank fraud, aggravated identity theft, and embezzlement in connection with health care. Flores-Fuentes submitted false invoices for catering services and, using her status as an employee of MMM, caused checks to be drawn which she later cashed for herself.

 

The cases are being handled by Assistant U.S. Attorneys Teresa Zapata-Valladares, and Susan Z. Jorgensen, and Special Assistant U.S. Attorney Amanda C. Soto-Ortega.

 

“The arrests conducted in Puerto Rico last Monday as part of the nationwide “Diversion and Health Care Takedown” shed some light to the communities in the island that DEA, other federal and state agencies will target any kind of illicit drug trafficking activity threatening our communities,” stated DEA Special Agent in Charge Matthew G. Donahue. “The opioid addiction issue in the United States has become a national crisis, for this reason we are working hard and proactively to keep our neighborhoods and communities safe and to protect the lives of our citizens. This enforcement operation sends a message to the medical professionals that once they dishonor their Hippocratic Oath, DEA will investigate them and bring any physician or pharmacist to justice that violates federal narcotics laws and regulations. Law enforcement agencies/departments in Puerto Rico are part of our communities support networks and our goals and mandates are to prevent the individuals responsible who are dealing and trafficking in these opioid substances from killing our families and friends selling one baggy, one deck, capsule, and one pill. DEA will stay here, and we will prevail.”

 

“This indictment is another reminder that the misappropriation of federal funds is illegal and unacceptable,” said Scott J. Lampert, Special Agent in Charge, Office of Inspector General, U.S. Department of Health and Human Services. “HHS-OIG, along with our law enforcement partners, will not tolerate this behavior and will remain vigilant in our efforts to protect the integrity of our federal health care programs.”

 

Eileen Neff, Special Agent-in-Charge, U.S. Postal Service Office of Inspector General stated: “The U.S. Postal Service Office of Inspector General investigates those who would defraud the Postal Service as well as Postal Service employees alleged to commit fraud against other government programs. We will continue to work closely with our law enforcement partners in investigations such as this and we thank the U.S. Attorney’s Office and HHS-OIG for their assistance with our investigations.”

 

The Medicare Fraud Strike Force operations are part of a joint initiative between the Department of Justice and HHS to focus their efforts to prevent and deter fraud and enforce current anti-fraud laws around the country. The Medicare Fraud Strike Force operates in nine locations nationwide. Since its inception in March 2007, the Medicare Fraud Strike Force has charged over 3500 defendants who collectively have falsely billed the Medicare program for over $12.5 billion.

 

This operation also highlights the great work being done by the Department of Justice’s Civil Division. In the past fiscal year, the Department of Justice, including the Civil Division, has collectively won or negotiated over $2.5 billion in judgements and settlements related to matters alleging health care fraud.

 

# # #

Geoffrey S. Berman, the United States Attorney for the Southern District of New York, announced today the convictions of GARY TANNER, a former executive at Valeant Pharmaceuticals International, Inc. (“Valeant”), and ANDREW DAVENPORT, the former chief executive officer (“CEO”) of Philidor Rx Services LLC (“Philidor”), for engaging in a multimillion-dollar kickback scheme.  TANNER and DAVENPORT were convicted on all counts of the Indictment today after a four-week trial before Senior United States District Judge Loretta A. Preska.   

U.S. Attorney Geoffrey S. Berman said:  “As a unanimous jury has found, Gary Tanner sold his loyalty to Andrew Davenport in exchange for $9.7 million.  Tanner was entrusted by his employer to manage Valeant’s relationship with Davenport’s company.  Davenport exploited that trust by promising a massive kickback in exchange for betrayal.  Unbeknownst to his employer, Tanner became the fox guarding the henhouse.  Our commitment to this prosecution shows that corruption of publicly traded companies will be rooted out and met with justice.”

According to the allegations in the charging documents and statements made in court proceedings:       

Valeant is a publicly traded pharmaceutical manufacturer headquartered in Canada, with its principal place of business in New Jersey.  Philidor was a specialty mail order pharmacy that was formed in or about January 2013 with the assistance of Valeant.  During the course of Philidor’s existence, at least 90 percent of the drugs dispensed by Philidor were Valeant-branded drugs. 

TANNER was the Valeant executive primarily responsible for managing Valeant’s relationship with Philidor.  TANNER was also responsible more broadly for Valeant’s alternative fulfillment (“AF”) program.  Through its AF program, Valeant sought to increase doctor prescriptions and patient purchases of Valeant pharmaceuticals instead of generic substitutes or alternatives by helping obtain insurance coverage for those drugs or providing other incentives for prescription and purchase of Valeant drugs.  As part of his work at Valeant, TANNER interacted directly with Philidor’s executives, including DAVENPORT, and senior Valeant executives. 

Valeant and Philidor began negotiations for Valeant to purchase Philidor, and Valeant ultimately purchased an option to buy Philidor (the “Option”) in exchange for $133 million in payments to Philidor’s owners, and the promise of $100 million in additional milestone payments if Philidor were to meet certain sales targets.  Despite the duty of loyalty owed by TANNER to Valeant, during negotiations relating to the Option, TANNER and DAVENPORT secretly made preparations for TANNER to receive a multimillion-dollar kickback out of the money that Valeant was going to pay Philidor’s owners for the Option.  Among other things, TANNER and DAVENPORT set up shell company bank accounts in order to launder the kickbacks to TANNER.  While these preparations were underway, TANNER secretly advised DAVENPORT on his negotiations with Valeant.  TANNER did this in contravention of his duties to Valeant and despite the fact that he was also internally advising Valeant in its negotiations with DAVENPORT about the Option.   

In addition to secretly helping DAVENPORT negotiate against Valeant in exchange for the promise of a kickback from DAVENPORT, TANNER took other actions to benefit Philidor and DAVENPORT personally, and against the direction of his supervisors at Valeant.  For example, TANNER’s supervisors directed him to identify other pharmacies that Valeant could use to distribute its drugs, in order to minimize the risks of overreliance on Philidor.  TANNER deceived his supervisors into believing that he was pursuing their direction in good faith when, in fact, he lied about participating in meetings and doing due diligence on potential competitors to Philidor.  In addition, TANNER helped Philidor and DAVENPORT secure favorable payment terms.

In order to keep their scheme hidden from Valeant, TANNER often used a Philidor email account that TANNER maintained in the name of “Brian Wilson” to communicate with DAVENPORT.  TANNER also pretended to be Brian Wilson in at least one meeting that he and DAVENPORT participated in on behalf of Philidor. 

In December 2014, Valeant acquired the Option.  DAVENPORT, through two different entities that he controlled, received approximately $50 million of the $133 million received from Valeant.  DAVENPORT transferred $9.7 million of that amount to TANNER through a shell company he controlled, and then to a shell company controlled by TANNER, an entity called Befrielse Consolidated, LLC (“Befrielse”).  TANNER concealed his receipt of this money from Valeant, in violation of his fiduciary duties to Valeant, and in violation of Valeant’s conflict of interest policies.  Prior to receiving the funds, TANNER had repeatedly certified to Valeant that he was in full compliance with Valeant’s Standards of Business Conduct, which prohibited any conflicts of interest without full disclosure and approval by company management. 

 After the Option purchase was completed, TANNER continued to use his position at Valeant to advance the interests of Philidor and DAVENPORT, including by resisting Valeant’s efforts to collect payments from Philidor owed to Valeant and pursuing milestone payments under the terms of the Option in which he secretly expected to share.  In communications concerning the scheme, using TANNER’s secret Brian Wilson email account, DAVENPORT discussed with TANNER how TANNER would secretly continue to promote DAVENPORT’s interests, even while he purported to represent Valeant’s interests as the Valeant executive responsible for Philidor.  Among other things, DAVENPORT stated that he pictured his and TANNER’s “butch and sundance ride into the sunset (or off the cliff as in the flick),” to which TANNER responded, using the secret Brian Wilson account: “[G]ave me a good chuckle when I just saw it. Will have to keep playing the game :).”  

*                      *                      *

TANNER, 40, of Gilbert, Arizona, and DAVENPORT, 50, of Haverford, Pennsylvania, were convicted of four counts: (1) one count of conspiracy to commit honest services wire fraud, which carries a maximum potential penalty of 20 years in prison; (2) one count of honest services wire fraud, which carries a maximum potential penalty of 20 years in prison; (3) one count of conspiracy to violate the Travel Act, which carries a maximum potential penalty of five years in prison; and (4) one count of conspiracy to commit money laundering, which carries a maximum potential penalty of 20 years in prison.   

Mr. Berman praised the work of the Federal Bureau of Investigation, and thanked the Securities and Exchange Commission for its cooperation and assistance. 

This case is being handled by the Office’s Securities and Commodities Fraud Task Force and its Complex Frauds and Cyber Crime Unit.  Assistant U.S. Attorneys Robert W. Allen, Richard Cooper, and Amanda Kramer are in charge of the prosecution.   

Geoffrey S. Berman, the United States Attorney for the Southern District of New York, announced that GARY TANNER, a former executive at Valeant Pharmaceuticals International, Inc. (“Valeant”), was sentenced today to 1 year and 1 day in prison, and ANDREW DAVENPORT, the former chief executive officer (“CEO”) of Philidor Rx Services LLC (“Philidor”), was sentenced today to 1 year and 1 day in prison, after having been found guilty by a federal jury for engaging in a multimillion-dollar kickback scheme.  TANNER and DAVENPORT were sentenced in Manhattan federal court by Senior United States District Judge Loretta A. Preska, who also presided over the defendants’ four-week jury trial in May 2018.

U.S. Attorney Geoffrey S. Berman said:  “Gary Tanner and Andrew Davenport conspired to deceive and defraud Tanner’s employer, Valeant, in order to enrich them both.  Tanner was entrusted to manage Valeant’s relationship with Davenport’s company.  Instead, they devised a scheme to pillage Valeant and share the proceeds.  Now Tanner and Davenport have been sentenced for their crimes.”

According to the allegations in the charging documents, statements made in court proceedings, and the evidence introduced at trial:   

Valeant is a publicly traded pharmaceutical manufacturer headquartered in Canada, with its principal place of business in New Jersey.  Philidor was a specialty mail order pharmacy that was formed in or about January 2013 with the assistance of Valeant.  During the course of Philidor’s existence, at least 90 percent of the drugs dispensed by Philidor were Valeant-branded drugs. 

TANNER was the Valeant executive primarily responsible for managing Valeant’s relationship with Philidor.  TANNER was also responsible more broadly for Valeant’s alternative fulfillment (“AF”) program.  Through its AF program, Valeant sought to increase doctor prescriptions and patient purchases of Valeant pharmaceuticals instead of generic substitutes or alternatives by helping obtain insurance coverage for those drugs or providing other incentives for prescription and purchase of Valeant drugs.  As part of his work at Valeant, TANNER interacted directly with Philidor’s executives, including DAVENPORT, and senior Valeant executives. 

Valeant and Philidor began negotiations for Valeant to purchase Philidor, and Valeant ultimately purchased an option to buy Philidor (the “Option”) in exchange for $133 million in payments to Philidor’s owners, and the promise of $100 million in additional milestone payments if Philidor were to meet certain sales targets.  Despite the duty of loyalty owed by TANNER to Valeant, during negotiations relating to the Option, TANNER and DAVENPORT secretly made preparations for TANNER to receive a multimillion-dollar kickback out of the money that Valeant was going to pay Philidor’s owners for the Option.  Among other things, TANNER and DAVENPORT set up shell company bank accounts in order to launder the kickbacks to TANNER.  While these preparations were underway, TANNER secretly advised DAVENPORT on his negotiations with Valeant.  TANNER did this in contravention of his duties to Valeant and despite the fact that he was also internally advising Valeant in its negotiations with DAVENPORT about the Option.   

In addition to secretly helping DAVENPORT negotiate against Valeant in exchange for the promise of a kickback from DAVENPORT, TANNER took other actions to benefit Philidor and DAVENPORT personally, and against the direction of his supervisors at Valeant.  For example, TANNER’s supervisors directed him to identify other pharmacies that Valeant could use to distribute its drugs, in order to minimize the risks of overreliance on Philidor.  TANNER deceived his supervisors into believing that he was pursuing their direction in good faith when, in fact, he lied about participating in meetings and doing due diligence on potential competitors to Philidor.  In addition, TANNER helped Philidor and DAVENPORT secure favorable payment terms.

In order to keep their scheme hidden from Valeant, TANNER often used a Philidor email account that TANNER maintained in the name of “Brian Wilson” to communicate with DAVENPORT.  TANNER also pretended to be Brian Wilson in at least one meeting that he and DAVENPORT participated in on behalf of Philidor. 

In December 2014, Valeant acquired the Option.  DAVENPORT, through two different entities that he controlled, received approximately $50 million of the $133 million that Valeant paid.  DAVENPORT transferred $9.7 million of that amount to TANNER through a shell company he controlled, and then to a shell company controlled by TANNER, an entity called Befrielse Consolidated, LLC (“Befrielse”).  TANNER concealed his receipt of this money from Valeant, in violation of his fiduciary duties to Valeant, and in violation of Valeant’s conflict of interest policies.  Prior to receiving the funds, TANNER had repeatedly certified to Valeant that he was in full compliance with Valeant’s Standards of Business Conduct, which prohibited any conflicts of interest without full disclosure and approval by company management. 

After the Option purchase was completed, TANNER continued to use his position at Valeant to advance the interests of Philidor and DAVENPORT, including by resisting Valeant’s efforts to collect payments from Philidor owed to Valeant and pursuing milestone payments under the terms of the Option that he secretly expected to share in.  In communications concerning the scheme, using TANNER’s secret Brian Wilson email account, DAVENPORT discussed with TANNER how TANNER would secretly continue to promote DAVENPORT’s interests, even while he purported to represent Valeant’s interests as the Valeant executive responsible for Philidor.  Among other things, DAVENPORT stated that he pictured his and TANNER’s “butch and sundance ride into the sunset (or off the cliff as in the flick),” to which TANNER responded, using the secret Brian Wilson account: “[G]ave me a good chuckle when I just saw it. Will have to keep playing the game :).”  

*                      *                      *

In addition to the prison sentence, Judge Preska sentenced TANNER, 41, of Gilbert, Arizona, and DAVENPORT, 50, of Haverford, Pennsylvania, to two years of supervised release, and ordered each to forfeit approximately $9.7 million.

TANNER and DAVENPORT were found guilty by a unanimous jury on May 22, 2018, of conspiracy to commit honest services wire fraud, honest services wire fraud, conspiracy to violate the Travel Act, and conspiracy to commit money laundering.   

Mr. Berman praised the work of the Federal Bureau of Investigation, and thanked the United States Securities and Exchange Commission for its cooperation and assistance. 

This case was prosecuted by the Office’s Securities and Commodities Fraud Task Force and its Complex Frauds and Cyber Crime Unit.  Assistant U.S. Attorneys Richard Cooper and Amanda Kramer are in charge of the prosecution.   

Damian Williams, the United States Attorney for the Southern District of New York, and Ivan J. Arvelo, the Special Agent in Charge of the New York Field Office of Homeland Security Investigations (“HSI”), announced today the arrest of CHARLES RILEY CONSTANT, a/k/a “Chuck Constant,” for charges in connection with a scheme to steal and launder over $1 million in fraudulently obtained loans from the Small Business Administration (“SBA”), including the use of fraud proceeds to purchase cryptocurrency ATMs.  CONSTANT was arrested yesterday morning and is being presented today before a U.S. Magistrate Judge in the Eastern District of Texas.  In connection with CONSTANT’s arrest, law enforcement agents seized, among other things, 18 cryptocurrency ATMs in Texas and Oklahoma that CONSTANT purchased with fraud proceeds to start a cryptocurrency ATM business named “Coindawg LLC,” as well as Coindawg’s website.

U.S. Attorney Damian Williams said: “As alleged, Charles Constant helped to launder over $1 million of proceeds from loans that his co-conspirators fraudulently obtained from the SBA.  He converted the bulk of the crime proceeds into Bitcoin for his co-conspirators and used a portion of the rest to start his own lucrative cryptocurrency ATM business.  Thanks to this Office’s teamwork with the HSI, Constant is now facing serious criminal charges for his alleged crimes.  We will continue to hold accountable people who steal funds intended for small businesses that struggled as a result of the COVID-19 pandemic.”     

HSI Special Agent in Charge Ivan J. Arvelo said: “As alleged, Charles Constant specifically exploited the Small Business Administration’s Economic Injury Disaster Loan program put in place to help our small businesses weather the COVID-19 pandemic, for the purpose of expanding his criminal money laundering enterprise.  Constant is accused of defrauding the federal government and robbing U.S. taxpayers with his illicit money-laundering scheme.  HSI New York will continue to exhaust every resource at our disposal to ensure criminals like this will be held accountable for their actions.”

According to the allegations in the Complaint, which was unsealed today in Manhattan federal court:[1]

CHARLES RILEY CONSTANT, a/k/a “Chuck Constant,” knowingly assisted others involved in a scheme to fraudulently obtain over $1 million in loans from the SBA, which CONSTANT and his co-conspirators laundered through Bitcoin transactions.  The perpetrators of the fraud against the SBA used false identities and non-existent companies to obtain seven Economic Injury Disaster Loans from the SBA — funds that were intended to help small businesses financially harmed by the COVID-19 pandemic.  The loan proceeds were transferred directly from the SBA to a bank account held by C2 LLC, an entity that CONSTANT owned and registered with the U.S. Treasury Department as a money services business.  CONSTANT then used approximately $700,000 of the crime proceeds — a portion of which he routed through a second bank account held by C2 LLC — to purchase Bitcoin from a cryptocurrency exchange headquartered in New York City.  CONSTANT directed the New York-based exchange to distribute the Bitcoin to his co-conspirators.

CONSTANT then stole the remaining $300,000 of fraud proceeds.  CONSTANT transferred $53,000 of the $300,000 to a third bank account held by C2 LLC and an additional $98,300 to an account in CONSTANT’s name at a cryptocurrency exchange headquartered in California.  Beginning in the fall of 2020, CONSTANT used a portion of these fraud proceeds to purchase, among other things, seven cryptocurrency ATMs (“Crypto ATMs”), cryptocurrency, and promotional services to start a cryptocurrency ATM business named “Coindawg LLC.”  CONSTANT used revenue generated by the seven Crypto ATMs to acquire additional Crypto ATMs and more cryptocurrency to expand Coindawg’s operations.  To date, Coindawg has exchanged over $3,000,000 worth of cryptocurrency and charged 15% in transaction fees.  Below is a photograph of one of the Coindawg Crypto ATMs seized by law enforcement in connection with CONSTANT’s arrest:











*                *                *

CONSTANT, 54, of Allen, Texas, is charged with one count of conspiracy to commit money laundering, which carries a maximum sentence of 20 years in prison; one count of theft of public money, which carries a maximum sentence of 10 years in prison; and one count of interstate receipt of stolen money, which carries a maximum sentence of 10 years in prison. 

The maximum potential sentences are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendant will be determined by the judge.

Mr. Williams praised the investigative work of the HSI.  Mr. Williams also thanked the HSI Field Office in Dallas, Texas, for their assistance in the investigation of this case.

This case is being handled by the Office’s Complex Frauds and Cybercrime Unit.  Assistant U.S. Attorneys Sarah Lai, Olga I. Zverovich, and Andrew K. Chan are in charge of the prosecution.

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





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