Security News: Pocatello Man Convicted by a Federal Jury for Failing to Register as a Sex Offender

Source: United States Department of Justice News

POCATELLO – A federal jury sitting in Pocatello convicted a Pocatello man on April 5, 2022, for failure to register as a sex offender.

According to court records and evidence presented at trial, Kenneth Shaye Simmons, 46, was previously convicted in the state of Utah of sexual abuse of a child. As a result of his conviction, the Sex Offender Registration and Notification Act (SORNA) required Simmons to register as a sex offender.

In May 2020, Simmons left the state of Nevada, non-compliant with Nevada’s sex offender registry, and moved to Idaho. After moving to Idaho, Simmons failed to register as a sex offender while living in the state. He was apprehended in August 2020, after law enforcement received a tip regarding his location.

Simmons is scheduled to be sentenced on July 26, 2022, and faces a maximum penalty of ten years in federal prison. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

“Sex offender registration and notification programs are important for public safety purposes,” said U.S. Attorney Rafael M. Gonzalez, Jr. “Sex offender registration is a system for monitoring and tracking sex offenders following their release into the community. The registration provides important information about convicted sex offenders to local and federal authorities and the public, such as offender’s name, current location, and past offenses. This office and our partners take very seriously the failure to register and will bring to justice those sexual offenders, who fail to register,” Mr. Gonzalez concluded.

U.S. Attorney Rafael M. Gonzalez, Jr., of the District of Idaho commended the cooperative efforts of the Bannock County Sheriff’s Office, Pocatello Police Department, and the U.S. Marshals Service, which led to charges, and the Assistant U.S. Attorney, who presented the case to the jury.

Simmons was prosecuted for a violation of the Sex Offender Registration and Notification Act (SORNA) passed by Congress in 2006. The Act requires sex offenders to register and keep their registration current in each jurisdiction where they reside. Violations of SORNA can be prosecuted in federal court.

This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by U.S. Attorneys’ Offices and 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 www.justice.gov/psc.

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Security News: Claremore Man Pleads Guilty to Assault of a Dating Partner by Strangling

Source: United States Department of Justice News

TULSA, Okla. – Jessy Pearson, 26, of Claremore, pleaded guilty Wednesday in federal court to assault of an intimate/dating partner by strangling and suffocating in Indian Country.

“Jessy Pearson violently attacked his girlfriend and has now been held accountable thanks to federal prosecutor Steven Briden and the dedicated law enforcement professionals at the FBI and Rogers County Sheriff’s Office,” said U.S. Attorney Clint Johnson. “The U.S. Attorney’s Office will continue to uphold our federal trust responsibility within Indian Country and work closely with federal, state, tribal, and local law enforcement to ensure perpetrators of domestic violence are brought to justice.”

On May 4, 2021, after a verbal altercation, Pearson grabbed his dating partner by the throat and started strangling her. He then took her phone when she tried to text a friend for help. As she attempted to leave, Pearson again grabbed her by the neck and pushed her against the wall. The victim was eventually able to retrieve her phone and call her friend. She reported the crime to authorities and requested an emergency protective order.

The FBI and Rogers County Sheriff’s Office conducted the investigation.

“The FBI is committed to bringing individuals to justice who demonstrate flagrant apathy for the well-being of others,” said Special Agent in Charge Ed Gray, FBI Oklahoma City Division. “Our strong partnerships with law enforcement agencies like the Rogers County Sheriff’s Office help us investigate these types of cases and hold offenders accountable for their actions.”

The victim in the case is an enrolled tribal citizen. According to the National Institute of Justice (NIJ) study on Violence Against American Indian and Alaska Native Women and Men, American Indian and Alaska Native (AI/AN) people face disproportionate levels of violence.

– 1 in every 2 AI/AN women and 1 in 3 AI/AN men have experienced physical violence by intimate partners in their lifetime.

– 56.1% of AI/AN women and 27.5% of AI/AN men report experiencing sexual violence in their lifetime, with many of these assaults at the hands of non-Indian perpetrators.

If you or someone you know is experiencing or has experienced sexual and/or family violence, you are not alone, and there are services available to help. The following agencies provide 24/7 phone lines for victims in northeastern Oklahoma: 

Muscogee Nation Family Violence Prevention Program, located in Okmulgee and other satellite offices: 24-hour line 918- 732-7979

Cherokee Nation One Fire, located in Tahlequah:24-hour line 918-772-4260. 

The Delaware Tribe of Indians Family and Children Services, located in Bartlesville: 24-Hour line: 918-331-7349

All three of the above agencies assist Indian and non-Indian victims.

Domestic Violence Intervention Services (DVIS) located in Tulsa: 24-hour line 918.7HELP.ME (918-743-5763).

Tulsa’s Family Safety Center also provides assistance and resources to domestic violence victims Monday-Friday from 8 am to 5 pm: (918) 742-7480. (this is NOT a 24 hour number).

Victims may also seek information and assistance at the National Domestic Violence Hotline 1-800-SAFE (7233); National Sexual Assault Hotline, 1-800-656-HOPE (4673), and the StrongHearts Native Helpline, 1-844-7NATIVE (762-8483). In addition, you can find a resources page on the Office on Violence Against Women’s website. The page includes contact information for state domestic violence coalitions that can direct you to resources and services in your area.

For emergency services, call 911.

Security News: Honduran Man Sentenced for Fraud Involving a Permanent Resident Alien Card

Source: United States Department of Justice News

Gulfport, Miss. – A Honduran national was sentenced to 11 months in federal prison for fraud involving a visa, permit or other document, announced U.S. Attorney Darren J. LaMarca and Chief Patrol Agent Jason E. Schneider of the U.S. Border Patrol’s New Orleans Sector.

 According to court documents, Angel Orlando Vasquez-Flores, 34, was sentenced by U.S. District Judge Taylor McNeel in Gulfport. Vasquez-Flores may also face Department of Homeland Security removal proceedings.  If removed from the U.S. following his prison sentence, Vasquez-Flores could face additional penalties if he were to unlawfully return to the U.S., and further prosecution. Vasquez-Flores was convicted after pleading guilty on December 16, 2021, before Judge McNeel. 

On September 6, 2021, Vasquez-Flores fled from Jackson County Sheriff’s Deputies and dropped his wallet together with what appeared to be a U.S. Legal Permanent Resident Identification Card.  While the card initially appeared legitimate, and bore the defendant’s photo and name, it was found to have been fraudulently produced and to bear a stolen Alien Identification Number which belonged to a different person living in the U.S. who was contacted by the U.S. Border Patrol.  The wallet also contained a card which appeared to be a Social Security Card, bearing the Vasquez-Flores’ name and a number that was determined to not belong to him.  Both a Legal Permanent Resident Card and a Social Security Card are documents authorized by federal statute to show that a person may lawfully stay and be employed in the U.S.

The case was investigated by the U.S. Border Patrol and the Jackson County Sheriff’s Department.    

Assistant U.S. Attorney Stan Harris was the prosecutor for the case.

Security News: Former Pain Management Clinic Owner Sentenced to Over 16 Years for Unlawful Opioid Distribution

Source: United States Department of Justice News

A Florida man was sentenced today in the Southern District of Florida to 200 months in prison for illegally distributing opioids at his pain management clinic in Miami, Florida.

According to court documents, Habib Geagea Palacios, 40, of Miami, owned General Care Center Inc., a cash-only pain management clinic in Miami. At General Care, Palacios paid doctors to prescribe opioids to nearly all patients who visited the clinic, resulting in the illegal distribution of more than three million oxycodone pills and generating $9 million in cash. Seven doctors who worked at General Care have been charged in connection with their unlawful prescribing practices at the clinic, and six have pleaded guilty to date.    

Palacios pleaded guilty on Nov. 9, 2021, to one count of conspiracy to distribute a controlled substance and one count of distributing a controlled substance. In addition to the term of imprisonment, Palacios was sentenced to serve three years of supervised release. 

Assistant Attorney General Kenneth A. Polite, Jr. of the Justice Department’s Criminal Division; U.S. Attorney Juan Antonio Gonzalez of the Southern District of Florida; Special Agent in Charge Omar Pérez Aybar of the Department of Health and Human Services, Office of the Inspector General (HHS-OIG), Miami Regional Office; Assistant Director Luis Quesada of the FBI’s Criminal Investigative Division; Special Agent in Charge George L. Piro of the FBI’s Miami Field Office; Acting Special Agent in Charge La Verne J. Hibbert of the DEA’s Miami Field Office; and Special Agent in Charge Brian Swain of the U.S. Secret Service (USSS), Miami Field Office, made the announcement.

The HHS-OIG, FBI, DEA, and USSS are investigating the case.

Trial Attorney Alexander Thor Pogozelski of the Criminal Division’s Fraud Section and Assistant U.S. Attorney Kevin J. Larsen for the Southern District of Florida are prosecuting the case.

Security News: Naturopathic Doctor Pleads Guilty to Fake COVID-19 Immunization and Vaccination Card Scheme

Source: United States Department of Justice News

A California-licensed naturopathic doctor pleaded guilty today in the Northern District of California for scheming to sell homeoprophylaxis immunization pellets and for falsifying COVID-19 vaccination cards by making it appear that customers had received the U.S. Food and Drug Administration (FDA)-authorized Moderna vaccine.

“This doctor violated the public’s trust and reliance on health care professionals – during a time when integrity was needed most,” said Assistant Attorney General Kenneth A. Polite, Jr. of the Justice Department’s Criminal Division. “Instead of providing sage information and guidance, Mazi profited from peddling unapproved remedies, stirring up false fears, and generating fake proof of vaccinations. The Department of Justice and its law enforcement partners are committed to protecting the American people during this national emergency, including protecting trust in the medical developments allowing us to emerge from the pandemic.”

According to court documents, in April 2021, the Department of Health and Human Services Office of Inspector General (HHS-OIG) received a complaint from a member of the public that Juli A. Mazi, 41, of Napa, was offering homeoprophylaxis immunization pellets which she claimed would provide lifelong protection from COVID-19. Mazi also provided fake CDC COVID-19 vaccination record cards with instructions on how to complete the cards to make them falsely appear to be records of the FDA-authorized Moderna vaccine. The investigation revealed that Mazi provided fake CDC COVID-19 vaccination cards for more than 200 individuals.

According to court documents, Mazi also offered homeoprophylaxis immunization pellets in place of childhood vaccinations required for attendance at school. Mazi provided her patients with deceptive “immunization” cards which she knew would be submitted to schools, and which fraudulently indicated that authorized vaccines had been administered. The investigation revealed that Mazi provided these fake immunization cards to more than 100 individuals.

“Juli Mazi has admitted that she engaged in a scheme to sell fake health care records to her customers,” said U.S. Attorney Stephanie Hinds for the Northern District of California. “Mazi made profits by selling false immunization cards she knew would be used to mislead schools into believing students had been immunized from childhood illnesses as required by law. Mazi also sold fake COVID-19 Vaccination Record Cards suggesting she administered the Moderna vaccine to her customers when, in fact, she had not. Mazi’s fake health care records scheme endangered the health and well-being of students and the general public at a time when confidence in our public health system is of critical importance.”

“During a time when the public has been heavily reliant on our medical professionals for advice and guidance, Mazi has brazenly violated the trust of the public by instilling fear and spreading misinformation surrounding COVID-19 immunizations and treatments,” said Assistant Director Luis Quesada of the FBI’s Criminal Investigative Division. “There is no place for fraudulent activity, and the FBI will continue to investigate and pursue those who abuse their positions of authority to try and profit in this criminal manner.”

“By falsifying vaccine cards, providers not only undermine important measures to address the ongoing public health emergency; they can also endanger the health of their patients and the public,” said Special Agent in Charge Steven Ryan of HHS-OIG. “HHS-OIG is proud to work with our law enforcement partners to ensure that all health care providers who misuse their medical professional status for financial gain are held accountable.”

Mazi pleaded guilty to one count of wire fraud and one count of making false statements related to health care matters. She is scheduled to be sentenced on July 29. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

HHS-OIG’s San Francisco Regional Office and the FBI’s San Francisco Field Office are investigating the case. 

Trial Attorney Sridhar Babu Kaza of the Criminal Division’s Fraud Section’s National Rapid Response Strike Force and Assistant U.S. Attorney Katherine Lloyd-Lovett for the Northern District of California are prosecuting the case.

The case was brought in coordination with the Health Care Fraud Unit’s COVID-19 Interagency Working Group, which is chaired by the National Rapid Response Strike Force and organizes efforts to address illegal activity involving health care programs during the pandemic.

The Fraud Section leads the Criminal Division’s efforts to combat health care fraud through the Health Care Fraud Strike Force Program. Since March 2007, this program, comprised of 15 strike forces operating in 24 federal districts, has charged more than 4,200 defendants who collectively have billed the Medicare program for more than $19 billion. In addition, the Centers for Medicare & Medicaid Services, working in conjunction with the Office of the Inspector General for the Department of Health and Human Services, are taking steps to hold providers accountable for their involvement in health care fraud schemes. More information can be found at https://www.justice.gov/criminal-fraud/health-care-fraud-unit.

On May 17, 2021, the Attorney General established the COVID-19 Fraud Enforcement Task Force to marshal the resources of the Department of Justice in partnership with agencies across government to enhance efforts to combat and prevent pandemic-related fraud. The Task Force bolsters efforts to investigate and prosecute the most culpable domestic and international criminal actors and assists agencies tasked with administering relief programs to prevent fraud by augmenting and incorporating existing coordination mechanisms, identifying resources and techniques to uncover fraudulent actors and their schemes, and sharing and harnessing information and insights gained from prior enforcement efforts. For more information on the department’s response to the pandemic, please visit https://www.justice.gov/coronavirus.

Anyone with information about allegations of attempted fraud involving COVID-19 can report it by calling the Department of Justice’s National Center for Disaster Fraud (NCDF) Hotline via the NCDF Web Complaint Form at https://www.justice.gov/disaster-fraud/ncdf-disaster-complaint-form.

The Fraud Section uses the Victim Notification System (VNS) to provide victims with case information and updates related to this case. Victims with questions may contact the Fraud Section’s Victim Assistance Unit by calling the Victim Assistance phone line at 1-888-549-3945 or by emailing Victimassistance.fraud@usdoj.gov. To learn more about victims’ rights, please visit: https://www.justice.gov/criminal-vns/victim-rights-derechos-de-las-v-ctimas.