Month: March 2022

Source: United States Department of Justice News

PEORIA, Ill. – A Peoria, Illinois, man, Demarco E. Washington, 43, of the 100 block of East Archer Avenue was sentenced on March 24, 2022, to 12 years in prison, to be followed by eight years of supervised release, for distribution of 5 grams or more of methamphetamine.

At Washington’s sentencing hearing, the government presented evidence that Washington distributed ice methamphetamine to drug dealers and users in the Peoria, Pekin, and Bloomington areas from at least March 2020 through January 2021.

Also at the sentencing hearing, U.S. District Judge James E. Shadid found that Washington was responsible for distributing more than 2.3 kilograms of ice methamphetamine. Judge Shadid noted that Washington was a drug dealer who had two prior convictions for distributing drugs.

Washington was indicted in April 2021. He entered a plea of guilty in November 2021. He has remained in the custody of the U.S. Marshals since his arrest.

The statutory penalties for distribution of 5 grams or more of methamphetamine are a mandatory minimum of 10 years’ imprisonment with one prior qualifying conviction and a maximum of life imprisonment; a maximum fine of $8 million; and not less than an eight-year term of supervised release.

The Pekin Police Department, Peoria Metropolitan Enforcement Group, and the Drug Enforcement Administration investigated the case. Assistant U.S. Attorney Keith Hollingshead-Cook represented the government in the prosecution.

This case is part of an Organized Crime Drug Enforcement Task Forces (OCDETF)’s National Methamphetamine Strategic Initiative, spearheaded locally out of the Pekin Police Department. The primary goal of this initiative is to address methamphetamine trafficking and its attendant consequences by using a coordinated, multi-agency approach targeting the highest levels of drug trafficking leadership.  OCDETF identifies, disrupts, and dismantles the highest-level criminal organizations that threaten the United States using a prosecutor-led, intelligence-driven, multi-agency approach. Additional information about the OCDETF Program can be found at https://www.justice.gov/OCDETF.

Source: United States Department of Justice News

PHILADELPHIA – United States Attorney Jennifer Arbittier Williams announced that John Perkins, 34, of Philadelphia, PA, was convicted after trial for his involvement in a scheme to kidnap an individual and hold them for ransom, which eventually led to that individual’s injury and death. The victim’s body was later recovered in Cecil County, Maryland.

In May 2019, Perkins was charged by Indictment with conspiracy to commit kidnapping, and kidnapping involving interstate commerce (transporting the kidnapped individual across state lines), stemming from the June 2018 kidnapping and murder of an individual who owned businesses in the city. When the victim showed up to the location of an arranged meeting in Philadelphia, a co-defendant shot the victim, injuring him. Perkins’ co-conspirators restrained the victim with duct tape, hand cuffs, and zip ties, and Perkins loaded the victim’s bound and bloody body into the kidnappers’ car. Perkins’ co-conspirators then drove the victim to a location in Chester County. Meanwhile, during the kidnapping, ransom calls demanding hundreds of thousands of dollars were made to the victim’s wife and to an associate of the victim. After meeting up with more co-conspirators, they drove the victim to a location in Cecil County, Maryland, where a co-conspirator ultimately shot the victim in the head, killing him.

Co-defendants who were also charged related to their involvement in the kidnapping conspiracy and who all previously pleaded guilty are: Ivan Rangel Prieto, 37, of Asheboro, North Carolina; Jose Castillo, 47, of Albuquerque, New Mexico; Jose Bernal, 33, of Newark, Delaware; Jose Delgado, 43, of Warminster, Pennsylvania; Salvador Sanchez Guerrero, 50, of Philadelphia, Pennsylvania; Robert Favors, 42, of Philadelphia, Pennsylvania; and Fermín Perez Mejia, 38, of Norristown, Pennsylvania.

“This defendant acted with callous disregard for another human being’s life, and now a jury has found him guilty of these horrific crimes,” said U.S. Attorney Williams. “Our office refuses to give in and let this type of lawless violence and intimidation become just the ‘way things are’ in Philadelphia – we are ‘All Hands On Deck’ to investigate and prosecute violent crimes in the city.”

“What a horrific way to spend the final hours of your life: abducted, restrained, bleeding, and completely powerless,” said Jacqueline Maguire, Special Agent in Charge of the FBI’s Philadelphia Division. “John Perkins and his associates committed heinous acts of violence, and I’m thankful this jury has held him responsible for his role in this ruthless conspiracy. Getting dangerous criminals off the street is the top priority of the FBI Philadelphia Violent Crimes Task Force.”

The case was investigated by the Federal Bureau of Investigation and the Philadelphia Police Department, with assistance from the Cecil County, Maryland Sherriff’s Office, the Southern Chester County Regional Police Department, and the Plymouth Township Police Department, and is being prosecuted by Assistant United States Attorneys Amanda R. Reinitz and Everett Witherell. 

Source: United States Department of Justice News

Baltimore, Maryland – Peninsula Internal Medicine, L.L.C., a medical practice located in Salisbury, Maryland, and the Estate of Candy Burns have paid the United States $286,631.33 to settle allegations that Peninsula Internal Medicine (“PIM”) and its former owner, Candy Burns, submitted false claims to the United States for medical services that were not provided.   

The settlement agreement was announced today by United States Attorney for the District of Maryland Erek L. Barron and Maureen Dixon, Special Agent in Charge of the Office of Inspector General for the Department of Health and Human Services.

“Medical providers know that they can only bill for services that are actually provided,” said United States Attorney Erek L. Barron. “The United States Attorney’s Office is committed to ferreting out fraud in Medicare and other federal healthcare programs and will hold practices and individuals accountable for their actions.”

On June 25, 2019, Candy Burns was indicted by the United States on one count of health care fraud and nine counts of wire fraud.  The criminal case was captioned United States v. Burns, Criminal Case No. JKB 19-CR-313.  On or about December 5, 2019, Burns suffered a brain aneurysm and persisted in a vegetative state.  The United States dismissed the indictment against Burns in April 2020.  In January 2021, Burns died.

According to the settlement agreement, from January 1, 2009 to June 30, 2016, PIM and Burns billed and were paid for blood draws that were not rendered.  The blood draws were performed by LabCorp while in PIM’s Winterplace Parkway location and LabCorp was paid for these blood draws.  Additionally, PIM and Burns were paid by Medicare for smoking cessation counseling that was not performed.  Finally, the settlement agreement resolves claims that PIM and Burns violated Medicare’s “incident to” rules by billing for services performed by mid-level providers on Fridays when no physician supervised or directed medical services.  Medicare reimburses at a higher rate if the services provided by a mid-level provider is performed “incident to” the direction and supervision of a physician.  The only physician employed at PIM did not work on Fridays.  Notwithstanding that fact, Burns and PIM billed Medicare for services on Fridays as if they were supervised by a physician, thus falsely entitling them to greater reimbursement.  

The civil settlement resolves a lawsuit filed by Kimberly Elliott, a former employee of PIM, under the whistleblower provision of the False Claims Act.  The False Claims Act permits private parties to file suit on behalf of the United States for false claims and obtain a portion of the government’s recovery.  The civil lawsuit is captioned United States ex rel. Kimberly Elliott v. Peninsula Internal Medicine, LLC and the Estate of Candy Burns, JKB 15-176 (D. Md).  As part of the settlement, the Ms. Elliott will receive $57,326.26. 

The claims resolved by this settlement are allegations only, and there has been no determination of liability. 

U.S. Attorney Erek L. Barron commended the HHS Office of Inspector General for its work in the investigation.  The case was handled by Assistant United States Attorney Thomas Corcoran.

For more information on the Maryland U.S. Attorney’s Office, its priorities, please visit www.justice.gov/usao-md and https://www.justice.gov/usao-md/affirmative-civil-enforcement.

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Source: United States Department of Justice News

PITTSBURGH, PA – Two former residents of Beaver County, Pennsylvania, have been indicted by a federal grand jury in Pittsburgh on federal hate crime charges, United States Attorney Cindy K. Chung announced today.

The twelve-count Indictment unsealed yesterday names Zachary Dinell, 28, formerly of Freedom, Pennsylvania, and Tyler Smith, 31, most recently of New Brighton, Pennsylvania, as defendants.

According to the Indictment, Dinell and Smith were employees of an in-patient health care facility located in New Brighton, Pennsylvania. The Indictment alleges that residents of the facility suffered from a range of severe physical, intellectual, and emotional disabilities, and required assistance with all activities of daily life, including bathing, using the bathroom, oral hygiene, feeding, and dressing. As members of the facility’s Direct Care Staff, Dinell and Smith were responsible for providing this daily assistance to residents.

The Indictment further alleges that from approximately June 2016 to September 2017, Dinell and Smith engaged in a conspiracy to commit hate crimes, and did commit hate crimes, against residents of the facility because of the residents’ actual or perceived disabilities. As part of the conspiracy, the Indictment alleges that Dinell and Smith exchanged text messages in which they expressed their animus toward the disabled residents, shared pictures and videos of residents and attacks, described their attacks, and encouraged each other’s continued abuse of residents. Dinell and Smith allegedly carried out their attacks in a variety of ways, including by punching and kicking residents, jumping on residents, rubbing liquid irritants in their eyes, and by spraying liquid irritants in their eyes and mouths.

Dinell and Smith allegedly were able to avoid detection by, among other things, exploiting their one-on-one access to residents of the facility and the fact that the victims were non-verbal and could not report the defendants’ alleged abuse. Dinell and Smith are also charged with engaging in a scheme to conceal their assaults against residents at the facility.

“The defendants are charged with targeting the most vulnerable members of our community because of their disabilities,” said United States Attorney Chung. “The defendants’ alleged hate crimes involved victims who were unable to defend themselves or report what happened to them. The U.S. Attorney’s Office and our law enforcement partners will continue our work to ensure that these victims—and all victims of federal crime—have a voice and that those who would perpetrate violence against them are brought to justice.” 

“The actions associated with the charges announced today are disturbing to say the least,” said FBI Pittsburgh Special Agent in Charge Mike Nordwall. “Our office is committed to combating hate crime, seeking justice and, most importantly, providing assistance to victims.”

The maximum penalty for the conspiracy and concealment charges is a term of imprisonment of five years and a $250,000 fine. The maximum penalty for each of the ten hate crime charges is a term of imprisonment of ten years and a $250,000 fine. Under the Federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendants, among other statutory sentencing factors.

Assistant United States Attorney Eric G. Olshan is prosecuting this case on behalf of the government. The Federal Bureau of Investigation conducted the investigation leading to the Indictment in this case.

An Indictment is an accusation. A defendant is presumed innocent unless and until proven guilty.

Source: United States Department of Justice News

SCRANTON – The United States Attorney’s Office for the Middle District of Pennsylvania announced that on March 24, 2022, Fitzgerald C. Providence, age 49, of Bushkill, Pennsylvania, was indicted by a federal grand jury for aggravated assault by vehicle and other related motor vehicle offenses stemming from a serious motor vehicle collision that occurred on federal land.

According to United States Attorney John C. Gurganus, the indictment alleges that on September 24, 2021, on Bushkill Falls Road, within the Delaware Water Gap National Recreation Area, in Pike County, PA, Providence operated a motor vehicle in a reckless and grossly negligent manner and as a result caused a motor vehicle collision that resulted in serious bodily injury to another person.   

The matter was investigated by the National Park Service Park Police and by the Pennsylvania State Police.  Assistant United States Attorney Jeffery St John is prosecuting the case.

If convicted, the maximum penalty under federal law for these offenses is nine years imprisonment, a term of supervised release following imprisonment, and a fine.  A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.

Indictments are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.

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