MS-13 Soldier Pleads Guilty to Murdering Mother and Child

Earlier today, La Mara Salvatrucha (“MS-13”) member Rene Mendez Mejia, also known as “Zorro,” pleaded guilty to two counts of causing death through use of a firearm in connection with the February 5, 2010, execution-style murders of Vanessa Argueta, a 19-yearold woman, and her two-year-old son, Diego Torres, in Central Islip, New York.1 When sentenced by United States District Judge Joseph F. Bianco on October 21, 2011, Mejia faces a maximum term of life imprisonment. In addition, nine of Mejia’s MS-13 co-defendants have pleaded guilty to racketeering offenses over the last several days.
The plea proceedings were announced by Loretta E. Lynch, United States Attorney for the Eastern District of New York, Janice K. Fedarcyk, Assistant Director-in-Charge, Federal Bureau of Investigation, New York Field Office, Thomas C. Krumpter, Acting Commissioner of the Nassau County Police Department, and Richard Dormer, Commissioner of the Suffolk County Police Department.
As detailed in previously-filed court documents and Mejia’s plea allocution, the bodies of Argueta and Torres were found in a secluded wooded area; Argueta had been shot in the head and chest, and Torres had been shot twice in the head. Mejia’s fellow MS-13 gang members have also pleaded to the following charges:
  • Walter Flores-Reyes, also known as “Scrappy,” pleaded guilty to Conspiracy to Commit Assault with Dangerous Weapons in Aid of Racketeering, in connection with a September 14, 2008, attack at Antojitos Bar in Hempstead, New York.
  • Diego Ninos, also known as “Veneno,” and Cesar Landaverde, also known as “Rebelde,” pleaded guilty Conspiracy to Commit Murder in Aid of Racketeering in connection with an October 2008, plot to murder a rival 18th Street gang member in Glen Cove, New York.
  • Emilio Saballos, also known as “Caballo,” pleaded guilty to RICO charges, including predicate acts of Witness Tampering and Conspiracy to Distribute Cocaine, which took place in Freeport, New York.
  • Wilber Ayala-Ardon, also known as “Pajaro,” pleaded guilty to two counts of Attempted Murder in Aid of Racketeering in connection with two shootings of rival gang members in June and July 2009, both of which took place in Hempstead, New York.
  • Giovanni Prado, also known as “Joker,” Erick Alvarado, also known as “Gato Seco,” and Elenilson Ortiz, also known as “Shorty,” pleaded guilty to Attempted Murder in Aid of Racketeering, Assault with a Dangerous Weapon in Aid of Racketeering, and Witness Tampering, respectively, all stemming from a baseball bat beating outside El Cibao Bar in Freeport, New York in November 2009.
  • Francisco Ramos, also known as “Cruiser,” pleaded guilty to Conspiracy to Commit Murder in Aid of Racketeering, and two counts of Conspiracy to Commit Assault with a Dangerous Weapon in Aid of Racketeering. During his plea, Ramos admitted, in sum and substance, that after being arrested for the September 14, 2008, assaults at Antojitos Bar, he conspired to kill three witnesses to the assaults. He also admitted to plotting to assault another inmate at the Nassau County Correctional Center, who he believed to be cooperating with law enforcement authorities.
“This young mother and her child lost their lives to senseless gang violence. Street gangs, and their associated wanton violence, have no place in our communities,” stated United States Attorney Lynch. “We will utilize all available resources to eliminate them and put an end to these senseless and brutal crimes.” Ms. Lynch praised the work of the FBI Long Island Gang Task Force,2 which investigated the case.
The government’s case is being prosecuted by Assistant United States Attorneys John J. Durham and Raymond A. Tierney.
The Defendants:
ERICK ALVARADO (a/k/a “Gato Seco”)
Age: 29
WILBER AYALA-ARDON (a/k/a “Pajaro” and “Piolin”)
Age: 19
CESAR LANDAVERDE (a/k/a “Flaco” and “Rebelde”)
Age: 23
RENE MENDEZ MEJIA (a/k/a “Zorro”)
Age: 18
DIEGO NINOS (a/k/a “Veneno” and “Mico”)
Age: 23
ELENILSON ORTIZ (a/k/a “Shorty”)
Age: 40
GIOVANNI PRADO (a/k/a “Joker”)
Age: 26
FRANCISCO RAMOS (a/k/a “Cruiser”)
Age: 21
WALTER REYES (a/k/a “Scrappy”)
Age: 21
EMILIO SABALLOS (a/k/a “Caballo”)
Age: 28
Adalberto Ariel Guzman, also known as “Gringo,” and Heriberto Martinez, also known as “Boxer,” were also indicted in connection with the Argueta and Torres murders. The charges remain pending against those defendants, and they are presumed innocent unless and until proven guilty.
2 The FBI Long Island Gang Task Force is comprised of law enforcement officers from the FBI, U.S. Immigration and Customs Enforcement (ICE), New York State Police, Nassau County Police Department, Suffolk County Police Department, Hempstead Village Police Department, the Nassau County Department of Corrections, and the Suffolk County Department of Corrections.
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McLaughlin Woman Sentenced for Destroying Document

McLaughlin woman charged with Concealing and Destroying a Document was sentenced on June 13, 2011, by United States District Judge Charles B. Kornmann. Shirley White Buffalo, age 64, was sentenced to three years of probation and $100 to the Victim Assistance Fund.
Shirley White Buffalo was indicted for Tampering with Witnesses, Concealing and Destroying a Material Document, and for Making a False Declaration to a Federal Grand Jury by a federal grand jury on August 17, 2010. She pled guilty to Concealing and Destroying a Document on February 28, 2011. The document White Buffalo destroyed was a sexual abuse disclosure note written by a victim advising White Buffalo that her live-in boyfriend, Frederick James One Feather, was sexually abusing White Buffalo’s minor female relative. Frederick One Feather was earlier convicted of three counts of sexual assault and sentenced to two life sentences.
This case was investigated by the Federal Bureau of Investigation and the Bureau of Indian Affairs, Standing Rock Agency. Assistant United States Attorney Mikal Hanson prosecuted the case.
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McLaughlin Woman Sentenced for Destroying Document

McLaughlin woman charged with Concealing and Destroying a Document was sentenced on June 13, 2011, by United States District Judge Charles B. Kornmann. Shirley White Buffalo, age 64, was sentenced to three years of probation and $100 to the Victim Assistance Fund.
Shirley White Buffalo was indicted for Tampering with Witnesses, Concealing and Destroying a Material Document, and for Making a False Declaration to a Federal Grand Jury by a federal grand jury on August 17, 2010. She pled guilty to Concealing and Destroying a Document on February 28, 2011. The document White Buffalo destroyed was a sexual abuse disclosure note written by a victim advising White Buffalo that her live-in boyfriend, Frederick James One Feather, was sexually abusing White Buffalo’s minor female relative. Frederick One Feather was earlier convicted of three counts of sexual assault and sentenced to two life sentences.
This case was investigated by the Federal Bureau of Investigation and the Bureau of Indian Affairs, Standing Rock Agency. Assistant United States Attorney Mikal Hanson prosecuted the case.
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MS-13 Soldier Pleads Guilty to Murdering Mother and Child

Earlier today, La Mara Salvatrucha (“MS-13”) member Rene Mendez Mejia, also known as “Zorro,” pleaded guilty to two counts of causing death through use of a firearm in connection with the February 5, 2010, execution-style murders of Vanessa Argueta, a 19-yearold woman, and her two-year-old son, Diego Torres, in Central Islip, New York.1 When sentenced by United States District Judge Joseph F. Bianco on October 21, 2011, Mejia faces a maximum term of life imprisonment. In addition, nine of Mejia’s MS-13 co-defendants have pleaded guilty to racketeering offenses over the last several days.
The plea proceedings were announced by Loretta E. Lynch, United States Attorney for the Eastern District of New York, Janice K. Fedarcyk, Assistant Director-in-Charge, Federal Bureau of Investigation, New York Field Office, Thomas C. Krumpter, Acting Commissioner of the Nassau County Police Department, and Richard Dormer, Commissioner of the Suffolk County Police Department.
As detailed in previously-filed court documents and Mejia’s plea allocution, the bodies of Argueta and Torres were found in a secluded wooded area; Argueta had been shot in the head and chest, and Torres had been shot twice in the head. Mejia’s fellow MS-13 gang members have also pleaded to the following charges:
  • Walter Flores-Reyes, also known as “Scrappy,” pleaded guilty to Conspiracy to Commit Assault with Dangerous Weapons in Aid of Racketeering, in connection with a September 14, 2008, attack at Antojitos Bar in Hempstead, New York.
  • Diego Ninos, also known as “Veneno,” and Cesar Landaverde, also known as “Rebelde,” pleaded guilty Conspiracy to Commit Murder in Aid of Racketeering in connection with an October 2008, plot to murder a rival 18th Street gang member in Glen Cove, New York.
  • Emilio Saballos, also known as “Caballo,” pleaded guilty to RICO charges, including predicate acts of Witness Tampering and Conspiracy to Distribute Cocaine, which took place in Freeport, New York.
  • Wilber Ayala-Ardon, also known as “Pajaro,” pleaded guilty to two counts of Attempted Murder in Aid of Racketeering in connection with two shootings of rival gang members in June and July 2009, both of which took place in Hempstead, New York.
  • Giovanni Prado, also known as “Joker,” Erick Alvarado, also known as “Gato Seco,” and Elenilson Ortiz, also known as “Shorty,” pleaded guilty to Attempted Murder in Aid of Racketeering, Assault with a Dangerous Weapon in Aid of Racketeering, and Witness Tampering, respectively, all stemming from a baseball bat beating outside El Cibao Bar in Freeport, New York in November 2009.
  • Francisco Ramos, also known as “Cruiser,” pleaded guilty to Conspiracy to Commit Murder in Aid of Racketeering, and two counts of Conspiracy to Commit Assault with a Dangerous Weapon in Aid of Racketeering. During his plea, Ramos admitted, in sum and substance, that after being arrested for the September 14, 2008, assaults at Antojitos Bar, he conspired to kill three witnesses to the assaults. He also admitted to plotting to assault another inmate at the Nassau County Correctional Center, who he believed to be cooperating with law enforcement authorities.
“This young mother and her child lost their lives to senseless gang violence. Street gangs, and their associated wanton violence, have no place in our communities,” stated United States Attorney Lynch. “We will utilize all available resources to eliminate them and put an end to these senseless and brutal crimes.” Ms. Lynch praised the work of the FBI Long Island Gang Task Force,2 which investigated the case.
The government’s case is being prosecuted by Assistant United States Attorneys John J. Durham and Raymond A. Tierney.
The Defendants:
ERICK ALVARADO (a/k/a “Gato Seco”)
Age: 29
WILBER AYALA-ARDON (a/k/a “Pajaro” and “Piolin”)
Age: 19
CESAR LANDAVERDE (a/k/a “Flaco” and “Rebelde”)
Age: 23
RENE MENDEZ MEJIA (a/k/a “Zorro”)
Age: 18
DIEGO NINOS (a/k/a “Veneno” and “Mico”)
Age: 23
ELENILSON ORTIZ (a/k/a “Shorty”)
Age: 40
GIOVANNI PRADO (a/k/a “Joker”)
Age: 26
FRANCISCO RAMOS (a/k/a “Cruiser”)
Age: 21
WALTER REYES (a/k/a “Scrappy”)
Age: 21
EMILIO SABALLOS (a/k/a “Caballo”)
Age: 28
Adalberto Ariel Guzman, also known as “Gringo,” and Heriberto Martinez, also known as “Boxer,” were also indicted in connection with the Argueta and Torres murders. The charges remain pending against those defendants, and they are presumed innocent unless and until proven guilty.
2 The FBI Long Island Gang Task Force is comprised of law enforcement officers from the FBI, U.S. Immigration and Customs Enforcement (ICE), New York State Police, Nassau County Police Department, Suffolk County Police Department, Hempstead Village Police Department, the Nassau County Department of Corrections, and the Suffolk County Department of Corrections.
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Jury Imposes Death Sentence Against Bridgeport Drug Dealer for Murdering Three People in 2005

David B. Fein, United States Attorney for the District of Connecticut, and Assistant Attorney General Lanny A. Breuer of the Justice Department’s Criminal Division, announced that a federal jury in New Haven today voted unanimously to impose the federal death penalty against AZIBO AQUART, 30, of Bridgeport, for murdering three Bridgeport residents on August 24, 2005.“We thank the jury for their diligent and attentive service over both the guilt and sentencing phases of this case,” stated U.S. Attorney Fein. “They have made a significant sacrifice from their daily lives as they fulfilled an important duty of citizens of our country.”On May 23, 2011, after a month-long trial, the jury found AQUART guilty of the murders of Tina Johnson, 43, James Reid, 40, and Basil Williams, 54. According to the evidence disclosed during the trial, AQUART, also known as “Azibo Smith,” “Azibo Siwatu Jahi Smith,” “D,” “Dreddy,” and “Jumbo,” was the founder and leader of a drug trafficking group that primarily sold crack cocaine out of an apartment building located at 215 Charles Street in Bridgeport. AQUART and his associates participated in acts of violence, such as threats and assaults, to maintain their control over the group’s drug distribution activities at the Charles Street Apartments. In the summer of 2005, AQUART and his associates became involved in a drug trafficking dispute with Tina Johnson, a resident of 215 Charles Street who sometimes sold smaller quantities of crack cocaine without the approval of AQUART. On the morning of August 24, 2005, AQUART and others entered Johnson’s apartment, bound Johnson, her boyfriend James Reid and friend Basil Williams with duct tape, and brutally beat the victims to death with baseball bats. AQUART and others then drilled the front door of the apartment shut from the inside.In addition to witness testimony, the government offered extensive forensic evidence gathered from Johnson’s apartment, including fingerprints and evidence that contained DNA from AQUART and his co-conspirators. AQUART’s fingerprint was found on a piece of duct tape recovered from the crime scene.AQUART was found guilty of conspiring to commit murder in aid of racketeering and committing the racketeering murders of Johnson, Reid and Williams. The jury also found AQUART guilty of committing three counts of drug-related murder. Finally, AQUART was found guilty of one count of conspiracy to possess with intent to distribute 50 grams or more of cocaine base (“crack cocaine”).Today, the jury unanimously determined that AQUART should be sentenced to death for committing both the racketeering murders and drug-related murders of Johnson and Williams, but could not reach a unanimous decision as to an appropriate penalty, life imprisonment or death, for the racketeering murder and drug-related murder of Reid.This is the first time since the federal death penalty was reinstituted in 1988 that a federal jury in Connecticut has found that a defendant should be sentenced to death. United States District Judge Janet Bond Arterton will schedule a sentencing date after the submission of post-trial motions.This case was investigated by the Federal Bureau of Investigation, Bridgeport Police Department, Connecticut State Police, Connecticut Department of Correction’s Intelligence Unit, ICE Homeland Security Investigations, United States Marshals Service, Bridgeport States Attorney’s Office and U.S. Attorney’s Office.This case is being prosecuted by Assistant U.S. Attorneys Tracy L. Dayton, Peter D. Markle, Alina P. Reynolds of the U.S. Attorney’s Office for the District of Connecticut, and Trial Attorney Jacabed Rodriguez-Coss of the Department of Justice’s Criminal Division, Capital Case Unit.

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Armed Bank Robber Sentenced to 10 Years in Federal Prison

DALLAS—Tracy Lyn Murphy, 50, of Sachse, Texas, has been sentenced to serve a total of 120 months in federal prison for committing the armed robbery of the Prosperity Bank in Sachse on June 15, 2010. The announcement was made today by U.S. Attorney James T. Jacks of the Northern District of Texas.
According to documents filed in the case and testimony presented at Murphy’s sentencing hearing, during the robbery, Murphy, wearing gloves, a hat and a mask, used a bank customer as a hostage by putting his loaded handgun into the hostage’s ribs and walking him up to the counter where he told the teller to give Murphy the money. As one of the bank’s officers approached Murphy, Murphy turned and pointed the gun at him. The hostage then immediately grabbed Murphy’s hand holding the gun, but Murphy threw him down to the ground and ran out of the bank. The hostage, a heart patient, suffered extensive bruising a result of the encounter.
Officers and detectives with the Sachse and Garland Police Departments, with the assistance of the Department of Public Safety, the FBI and the Garland Police Department’s Canine Unit, tracked Murphy into a wooded area. When Murphy didn’t respond to warnings or commands to show his hands, Boomer, the police dog, at his handler’s command, neutralized Murphy by biting him repeatedly on his legs. Officers then recovered the mask, hat, gloves, shirt, bag of money and the loaded Walther, .22 caliber pistol Murphy used to rob the bank.
The case was prosecuted by Assistant U.S. Attorney Jennifer Tourje.
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Federal Grand Jury Indicts Two Lubbock Residents in Child Sex Trafficking Conspiracy

LUBBOCK, TX—A federal grand jury in Lubbock, Texas has indicted two individuals on conspiracy to commit sex trafficking of a child and related felony offenses, announced U.S. Attorney James T. Jacks of the Northern District of Texas. Chanze Lamount Pringler, 24, and Megan Lee Norman, 19, both of Lubbock, have each been charged with one count of conspiracy; one count of sex trafficking of a child; and one count of conspiracy to engage in sex trafficking of a child. Pringler and Norman have been in custody since their arrest on March 30 by officers of the Lubbock Police Department on related charges. They will make their initial appearances in federal court in Lubbock on a date yet to be set by the court.
According to the indictment, during March 2011, Pringler and Norman conspired with each other to recruit, entice, harbor, transport, provide, obtain, and maintain by any means, a minor female, “Jane Doe,” under the age of 18, to engage in commercial sex acts from which Pringler and Norman profited. Pringler would provide food, shelter, and marijuana to Norman and “Jane Doe,” using the proceeds from their prostitution activities to pay for those items. The defendants advertised “Jane Doe’s” and Norman’s prostitution services on the Internet, and Pringler drove them to various hotels and locations to engage in the sex acts. Pringler and Norman collected the money “Jane Doe” earned for her prostitution activities.
An indictment is an accusation by a federal grand jury, and a defendant is entitled to the presumption of innocence unless proven guilty. However, if convicted, the conspiracy count carries a maximum statutory sentence of five years in prison, a $250,000 fine, and a three-year term of supervised release. Upon conviction, the conspiracy to engage in sex trafficking of a child offense carries a maximum statutory sentence of life in prison, a $250,000 fine, and a term or supervised release of up to five years. The substantive sex trafficking of a child offense carries a maximum statutory sentence of not less than 10 years, and up to life in prison, a fine of up to $250,000, and a term of supervised release of up to life.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice, to combat the growing epidemic of child sexual exploitation and abuse. Led by U.S. Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend, and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit http://www.projectsafechildhood.gov.
The case is being investigated by the FBI and the Lubbock Police Department. Assistant U.S. Attorney Steven M. Sucsy, of the U.S. Attorney’s Office in Lubbock, is in charge of the prosecution.
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Former Senator and Presidential Candidate John Edwards Charged for Alleged Role in Scheme to Violate Federal Campaign Finance Laws

WASHINGTON—A federal grand jury today returned a six-count indictment against former U.S. Senator and presidential candidate John Edwards for allegedly participating in a scheme to violate federal campaign finance laws, announced Assistant Attorney General Lanny A. Breuer of the Justice Department’s Criminal Division and U.S. Attorney George E.B. Holding for the Eastern District of North Carolina.
The indictment, returned in the Middle District of North Carolina, charges Johnny Reid Edwards, 58, of Chapel Hill, N.C., with one count of conspiracy to violate the federal campaign finance laws and to make false statements to the Federal Election Commission (FEC); four counts of accepting and receiving illegal campaign contributions from two donors in 2007 and 2008; and one count of concealing those illegal donations from the FEC. Edwards is scheduled to make his initial appearance in federal court in Winston-Salem, N.C., at 2:30 p.m. EDT before U.S. Magistrate Judge Patrick Auld.
“Today, a federal grand jury returned a six-count indictment against former Senator John Edwards for violating federal election laws during his campaign for president of the United States,” said Assistant Attorney General Breuer. “Mr. Edwards is alleged to have accepted more than $900,000 in an effort to conceal from the public facts that he believed would harm his candidacy. As this indictment shows, we will not permit candidates for high office to abuse their special ability to access the coffers of their political supporters to circumvent our election laws. Our campaign finance system is designed to preserve the integrity of democratic elections—for the presidency and all other elected offices—and we will vigorously pursue abuses of the kind alleged today.”
“Democracy demands that our election system be protected, and without vigorously enforced campaign finance laws, the people of this country lose their voice,” said U.S. Attorney Holding. “The U.S. Attorney’s Office and the Department of Justice are committed to the prosecution of individuals who abuse the very system of which they seek to become a part.”
“Public servants are held to the same laws as everyone else in this country. The position sought does not exempt anyone, even those running for President of the United States,” said Chris Briese, Special Agent in Charge of the FBI in North Carolina.
“Public officials hold positions of trust and get no free pass to ignore the law,” said Victor S.O. Song, Chief, Internal Revenue Service (IRS) Criminal Investigation (CI). “Today’s indictment demonstrates IRS’ commitment to work with our law enforcement partners to ensure our public officers remain trustworthy and adhere to the highest levels of integrity.”
According to the indictment, while a candidate for president of the United States, Edwards conspired with other individuals to accept and receive campaign contributions in excess of limits imposed by the Federal Election Act in an effort to protect and advance his candidacy from disclosure of an ongoing extramarital affair and the resulting pregnancy. The indictment alleges that between 2007 and 2008, Edwards accepted and received more than $900,000 as part of this effort.
The Federal Election Act limits the amount an individual may contribute to any candidate for federal elected office in order to limit the influence any one individual may have on the outcome of a federal election. The Federal Election Act established that the most one individual could contribute for the 2008 presidential primary election was $2,300. According to the indictment, the Federal Election Act’s contribution limit applies to anything of value provided for the purpose of influencing a federal election, including contributions to a candidate and his/her campaign; expenditures made in cooperation, consultation or concert with, or at the request or suggestion of, a candidate or his/her campaign; and payments for personal expenses of a candidate unless those payments would have been made irrespective of his/her candidacy.
The Federal Election Act, according to the indictment, also requires each presidential campaign committee to file periodic campaign finance reports with the FEC, which are made available to the public. In these reports, the committees were required to identify each person who, during the relevant reporting period, contributed more than $200 to the committee, along with the date and the amount of the contribution. According to the indictment, these reports are intended to provide citizens with a transparent record of the amount and sources of all campaign contributions and to assist voters in making informed decisions at the polls.
According to the indictment, the payments at issue were used to facilitate Edwards’ extramarital affair, and to conceal it and the resulting pregnancy from the public. The indictment alleges that the funds were used to pay for the living and medical expenses of the individual with whom Edwards was having the affair, and to pay for the travel and accommodations necessary to hide this individual from the news media and the public so that Edwards’ candidacy would not be damaged. According to the indictment, Edwards knew that the public revelation of the affair and pregnancy would undermine his image and force his campaign to divert personnel and resources away from campaign activities to respond to criticism and media scrutiny.
The indictment alleges that Edwards and his co-conspirators concealed the alleged unlawful contributions from the FEC and the public by causing the John Edwards for President Committee to file with the FEC false and misleading campaign finance reports that failed to disclose the illegal contributions.
A defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
If convicted, Edwards faces a maximum penalty of five years in prison and a $250,000 fine on the conspiracy charge. He faces five years in prison and a $250,000 fine on each count of accepting and receiving illegal campaign contributions, and a maximum of five years in prison and a $250,000 fine on the charge of concealing the alleged illegal donations.
The case is being prosecuted by Assistant U.S. Attorneys Robert J. Higdon Jr. and Brian S. Meyers of the U.S. Attorney’s Office for the Eastern District of North Carolina, as well as Deputy Chief Justin V. Shur and Trial Attorneys David V. Harbach II and Jeffrey E. Tsai of the Public Integrity Section in the Justice Department’s Criminal Division. The case is being investigated by the FBI and IRS-CI.
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Queens Businessman Sentenced in Manhattan Federal Court to 10 Months in Prison for Violating Iran Trade Embargo, Money Laundering, and Other Crimes

PREET BHARARA, the United States Attorney for the Southern District of New York, announced that REZA SAFARHA was sentenced today in Manhattan federal court to 10 months in prison for violating the Iran Trade Embargo, money laundering, conspiracy, and theft of government money. SAFARHA was found guilty in February 2011 by U.S. District Judge RICHARD J. SULLIVAN, who found, among other things, that SAFARHA illegally transmitted approximately $300,000 through the “hawala” system to Iran and that SAFARHA believed the money was proceeds from criminal conduct.Manhattan U.S. Attorney PREET BHARARA stated: “This office takes violations of the United States’ trade embargo with Iran very seriously. Reza Safarha employed a form of financial legerdemain to circumvent the embargo, and added insult to injury by doing this to conceal what he believed were the proceeds from the sale of stolen property.”According to the indictment, the evidence at trial, and Judge SULLIVAN’s public findings:The Iran Trade Embargo, begun by Executive Order in 1995, prohibits U.S. citizens from supplying goods, services, or technology to Iran or the government of Iran. Restricted services include money transmitting services. The Embargo also prohibits any transaction by any United States person or any transaction within the United States that evades or avoids, or has the purpose of evading or avoiding, any prohibition set forth in the Embargo. The International Emergency Economic Powers Act (“IEEPA”) imposes criminal sanctions for violations of the Iran Trade Embargo.From 2007 to 2008, SAFARHA, 56, a joint United States-Iranian citizen and resident of New York City, provided money transmitting services to Iran by participating in the operation of a “hawala,” a type of informal value transfer system in which money does not physically cross international boundaries through the banking system. In the hawala system, funds are transferred by customers to a hawala operator—also known as a “hawaladar”—or his agent in one country, and corresponding funds are disbursed to recipients in another country by hawaladar associates on that end.SAFARHA used the hawala network to send wire transfers totaling approximately $300,000 to and from individuals located in, among other places, Iran and the United States. The money laundering conviction arose from SAFARHA’s belief that some of the money he was transferring to Iran using the hawala system was the proceeds of the sale of stolen property, specifically stolen computers and other electronic goods. In fact, the money was the property of the U.S. government, at least $10,000 of which SAFARHA stole and did not transfer to Iran.In addition to his prison term, Judge SULLIVAN sentenced SAFARHA to two years’ supervised release and imposed a $500 special assessment. Judge SULLIVAN also signed an order imposing a forfeiture money judgment on SAFARHA in the amount of $300,000, which will be deemed satisfied if SAFARHA pays $56,845.89 on or before September 2, 2011.Mr. BHARARA praised the work of the Joint Terrorism Task Force in conducting the investigation.This case is being handled by the office’s Complex Frauds Unit. Assistant U.S. Attorneys JUSTIN S. WEDDLE and MICHAEL FERRARA are in charge of the prosecution.

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Doctor Pleads Guilty to Billing Medicare and Medicaid for Counseling Sessions with Dead Patients

ATLANTA—ROBERT WILLIAMS, 72, of Atlanta, Georgia, pleaded guilty today in federal district court on two counts of health care fraud as part of a scheme to bill for group psychological therapy that WILLIAMS never provided.
United States Attorney Sally Quillian Yates said, “With so many elderly citizens and others who need specialized psychological care, this defendant ignored his duty as a doctor and became a billing machine who claimed to treat patients who were in fact dead. This blatant attempt to rip off the system took funds and care away from real live patients with real problems. Medicare and Medicaid need all the money they can get for legitimate patient care and this physician will get none of that money.”
“This case sends a strong message that Medicare and Medicaid fraud will not be tolerated in Georgia,” said Georgia Attorney General Sam Olens. “At a time when our state budget is heavily strained, every dollar intended for the needy must reach the recipient. We will continue to work with our partners, the U.S. Attorney’s Office, and the FBI, to weed out fraud in Georgia.”
Brian D. Lamkin, Special Agent in Charge, FBI Atlanta Field Office, said, “Dr. Williams had for years, enjoyed a position of trust within the medical and health provider industry. He chose to abandon that trust and instead displayed a level of greed that will not be tolerated. Medicare fraud should be promptly reported to the nearest FBI field office so that the much needed federal health care benefits will be there for those individuals who truly need them.”
According to United States Attorney Yates, the charges, and other information presented in court: WILLIAMS was a licensed physician, practicing in the Atlanta area. From approximately July 2007 through October 2009, he contracted with a medical services company to provide group psychological therapy to nursing home patients in a variety of nursing homes. Under his signature, thousands of claims were submitted to Medicare and Georgia Medicaid seeking reimbursement for group psychological therapy that WILLIAMS purportedly provided to beneficiaries at several nursing homes in the Atlanta area. In many instances, however, WILLIAMS did not actually provide the therapy.
Specifically, from July 2007 through October 2009, Medicare claims data indicated that over 55,000 claims were submitted using WILLIAMS’ provider number for group psychological therapy. Those claims sought reimbursement for over $2,000,000, and ultimately caused Medicare to reimburse WILLIAMS over $750,000. For the same time period, over 40,000 Medicaid claims were submitted by WILLIAMS for group psychological therapy, causing Georgia Medicaid to pay out over $225,000.
An investigation of WILLIAMS’ claims showed that, in many cases, he sought payment for services provided to beneficiaries who were deceased at the time he purportedly rendered the care. In two cases, the patient died over a year before he was allegedly seen by WILLIAMS in the nursing home. Numerous claims were submitted to Medicare and Medicaid for group psychological therapy when the beneficiary was hospitalized at the time of service and, consequently, could not have received care at the nursing home as represented.
WILLIAMS was indicted on February 22, 2011 on 10 counts of health care fraud. Today WILLIAMS pleaded guilty to two of those counts. He could receive a maximum sentence of 10 years in prison and a fine of up to $250,000 for each count. In determining the actual sentence, the court will consider the United States Sentencing Guidelines, which are not binding but provide appropriate sentencing ranges for most offenders.
Sentencing has been scheduled for August 23, 2011, at 11:30 a.m. before United States District Judge Richard W. Story.
This case is being investigated by special agents of the Federal Bureau of Investigation and the Georgia Medicaid Fraud Control Unit.
Assistant United States Attorneys Kurt R. Erskine and Nick Oldham, and Senior Assistant Attorney General Nancy Alstrom from the Georgia Medicaid Fraud Control Unit, are prosecuting the case.
For further information, please contact Sally Q. Yates, United States Attorney, or Charysse L. Alexander, Executive Assistant United States Attorney, through Patrick Crosby, Public Affairs Officer, U.S. Attorney’s Office, at (404) 581-6016. The Internet address for the HomePage for the U.S. Attorney’s Office for the Northern District of Georgia is www.justice.gov/usao/gan.
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Posted in Private Investigator Lexington | Comments Off on Doctor Pleads Guilty to Billing Medicare and Medicaid for Counseling Sessions with Dead Patients