Security News: Justice Department Issues Guidance on Protections for People with Opioid Use Disorder under the Americans with Disabilities Act

Source: United States Department of Justice News

The Department of Justice announced today that it has published guidance on how the Americans with Disabilities Act (ADA) protects people with opioid use disorder (OUD) who are in treatment or recovery, including those who take medication to treat their OUD. The publication, “The Americans with Disabilities Act and the Opioid Crisis: Combating Discrimination Against People in Treatment or Recovery,” is intended to help people with OUD who are in treatment or recovery understand their rights under federal law and to provide guidance to entities covered by the ADA about how to comply with the law.

“The opioid epidemic continues to pose an extraordinary challenge to communities across our country, and the COVID-19 pandemic has exacerbated this crisis,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “People who have stopped illegally using drugs should not face discrimination when accessing evidence-based treatment or continuing on their path of recovery. The Justice Department is committed to using federal civil rights laws such as the ADA to safeguard people with opioid use disorder from facing discriminatory barriers as they move forward with their lives.” 

The guidance document explains how the ADA protects people with OUD who are in treatment or recovery from discrimination in a number of settings, including employment, healthcare and participation in state or local government services and programs. The publication is part of the department’s comprehensive response to the opioid crisis, which promotes prevention, enforcement and treatment.

The Civil Rights Division, together with U.S. Attorneys’ offices, has been working to remove discriminatory barriers to recovery for individuals who have completed, or are participating in, treatment for OUD. Through outreach, technical assistance and enforcement under the ADA, the Civil Rights Division seeks to ensure that those in treatment and recovery can successfully participate in their communities and the workforce. For example:

  • On March 25, the department issued a letter finding that the Indiana State Board of Nursing violated the ADA by denying a nurse the opportunity to participate in a substance use disorder rehabilitation program because she takes medication for OUD. The program is required for the individual to reinstate her nursing license.
  • On March 24, the department into a Settlement Agreement with the Massachusetts Trial Court to resolve allegations that its drug court violated the ADA by discriminating against individuals with OUD.
  • On March 17, the department entered into a Settlement Agreement with Ready to Work, a Colorado-based employment, residential and social services program for individuals experiencing homelessness, resolving allegations that the program denied admission to an individual because she takes medication for OUD.
  • On Feb. 24, the department filed a lawsuit against the Unified Judicial System of Pennsylvania, alleging that it prohibits or otherwise limits participants in its court supervision programs from using medication to treat OUD.

For more information on the Civil Rights Division, please visit www.justice.gov/crt. For more information on the ADA, please call the department’s toll-free ADA Information Line at 800-514-0301 (TDD 800-514-0383) or visit www.ada.gov. Individuals who believe that they may have been victims of disability discrimination may file a complaint at www.ada.gov/complaint.

Security News: Man Sentenced for 2015 Rape near OSU-Tulsa Campus

Source: United States Department of Justice News

 A Tulsa man was sentenced in federal court Tuesday for a rape he committed near the OSU-Tulsa campus in 2015.

“Eugene Nunley will spend 14 years in prison for the physical and emotional harm he has caused this victim,” said U.S. Attorney Clint Johnson. “My team of federal prosecutors and victim specialists will continue to support survivors of sexual assault and fight for justice on their behalf.” 

U.S. District Judge Claire V. Eagan sentenced Eugene Todd Nunley, 48, to 14 years in federal prison followed by a lifetime of supervised release.

On Aug. 26, 2021, Nunley pleaded guilty to aggravated sexual abuse by force and threat in Indian Country.

The defendant admitted that he forced the female victim into a wooded area and raped her on Aug. 13, 2015. The victim was walking on the Osage Prairie Trail near 900 North Greenwood Avenue when Nunley attacked her from behind. Following the rape, the defendant told the victim she was “lucky” then ran away.

The victim reported the crime and told officers she did not know her attacker. In early September 2015, DNA testing revealed Nunley was the perpetrator. Officers located the defendant in the Creek County jail, where he was being held on unrelated charges.

Nunley, a Muscogee Nation citizen, was previously convicted of the 2015 rape in Tulsa County District Court. His conviction was overturned after the Cherokee Nation reservation was recognized as having never been disestablished by Congress. He was indicted in federal court in June 2021.

The FBI and Tulsa Police Department conducted the investigation. Assistant U.S. Attorney Chantelle D. Dial prosecuted the case.

April is Sexual Assault Awareness Month. According to the Centers for Disease Control and Prevention (CDC) 2015 National Intimate Partner and Sexual Violence Survey, 21.3% of women and 2.6% of men living in the United States reported being raped or subject to attempted rape during their lifetime.

If you or someone you know is experiencing or has experienced sexual violence, you are not alone and there are services available to help, including the 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 sexual assault coalitions that can direct you to local resources and services, as well as opportunities to get involved.

Security News: Hickory Drug Trafficker Is Sentenced To Five Years For Firearms Offense

Source: United States Department of Justice News

CHARLOTTE, N.C. – Carlos Car’tre Ikard, 26, of Hickory, N.C., was sentenced to 60 months in prison and three years of supervised release for possession of a firearm in furtherance of a drug trafficking crime, announced Dena J. King, U.S. Attorney for the Western District of North Carolina. U.S. District Judge Kenneth D. Bell presided over today’s sentencing.

U.S. Attorney King is joined in making today’s announcement by Brian Mein, Acting Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), Charlotte Field Division, and Chief Thurman Whisnant of the Hickory Police Department.

According to filed documents and court proceedings, on July 13, 2020, while Ikard was on post-release supervision with the State of North Carolina, he began posting images on his Snapchat account in which he was possessing multiple firearms. The next day, law enforcement located Ikard in a vehicle parked at his residence in Hickory. Law enforcement seized from the vehicle three firearms, one of which was stolen, Oxycodone pills, and marijuana. Law enforcement also executed search warrants for Ikard’s Snapchat account and cell phone, which contained images of Ikard with the seized firearms and messages in which Ikard arranged drug sales.

Ikard is currently in federal custody and will be transferred to the custody of the federal Bureau of Prisons upon designation of a federal facility.

The investigation was led by the ATF and the Hickory Police Department, with the assistance of the North Carolina Department of Public Services, Division of Community Corrections.

Assistant U.S. Attorney Christopher Hess, of the U.S. Attorney’s Office in Charlotte, prosecuted the case.

Security News: Prisma Health Midlands to Pay $1 Million to Resolve Alleged Controlled Substance Act Violations

Source: United States Department of Justice News

COLUMBIA, SOUTH CAROLINA — Prisma Health Midlands (“Prisma”) has agreed to pay a record $1 million to resolve allegations that it committed recordkeeping and dispensing violations of the Controlled Substances Act (CSA). These requirements are designed to prevent the diversion of controlled substances.

This civil settlement includes a memorandum of agreement and is the culmination of a joint Drug Enforcement Administration (DEA) and U.S. Attorney’s Office investigation that began in November of 2018 when two Prisma patients were arrested for distributing drugs, some of which, the United States alleges, they were able to receive through Prisma’s pharmacy. This marks the largest settlement involving allegations of CSA violations in the state of South Carolina.

“Pharmacists must comply with their responsibilities to issue controlled substances only for legitimate medical purposes and in the usual course of their professional practice,” said U.S. Attorney Corey F. Ellis. “When pharmacists ignore or disregard red flags, their actions allow controlled substance prescriptions to be diverted for illegitimate and dangerous purposes.”

“The mission of DEA’s Division of Diversion Control is to prevent, detect and investigate the diversion of controlled pharmaceuticals,” said Robert J. Murphy, the Special Agent in Charge of the DEA Atlanta Field Division. “In this case, DEA Diversion Investigators did an outstanding job of uncovering recordkeeping discrepancies for the controlled substances Prisma purchased, maintained and dispensed. The DEA and the U.S. Attorney’s Office are committed to making sure healthcare providers are abiding by these important mandates.”

The United States alleges that Prisma failed to notify the DEA within one business day regarding thefts or significant losses of controlled substances over a three-year time period. As a DEA registrant, Prisma has certain recordkeeping and reporting obligations and one of these is to promptly notify the DEA whenever a theft or significant loss occurs.

The United States further alleges that Prisma violated the CSA by filling prescriptions that were not issued for a legitimate medical purpose for two patients who have now pleaded guilty to federal drug distribution charges.

The conduct outlined in the settlement agreement is merely alleged; the agreement does not constitute an admission of liability by Prisma.

A main objective of the CSA is controlling illegitimate traffic of controlled substances.  To prevent the diversion of controlled substances, the CSA regulates persons, companies and other entities that manufacture, distribute, and dispense controlled substances.  With more than 100,000 Americans dying last year from drug overdose, the Justice Department and the DEA are committed to using every resource available to prevent overdose deaths and hold accountable those responsible for the opioid crisis.  The government’s rigorous investigation and resolution of this matter illustrates the government’s ongoing dedication to stem the prescription opioid crisis by ensuring that opioids are not diverted and abused.

This matter was investigated by the DEA Group Supervisor Adam Roberson, DEA Investigator Kelli Capehart, and DEA Investigator Sai Rivera along with Civil Division Chief James Leventis and Assistant U.S. Attorney Johanna Valenzuela of the U.S. Attorney’s Office for the District of South Carolina.

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Security News: 125 Convicted During Five-Year Investigation That Functionally Dismantled the Irish Mob Gang’s Drug Trafficking and Criminal Activities

Source: United States Department of Justice News

Defendants Directed Drug Trafficking Network Through Contraband Cell Phones from State Prisons and Are Collectively Sentenced to 1,350 Years in Federal Prison Plus One Life Sentence

OKLAHOMA CITY – A five-year, state-wide investigation into the drug trafficking and other criminal activity of the Irish Mob Gang (IMG), an Oklahoma-based prison gang, has resulted in 125 defendants being convicted across multiple federal cases, including more than a dozen high-ranking, incarcerated members of the Irish Mob. 

The wrap-up of this investigation and prosecution effort is jointly announced by United States Attorney Robert J. Troester, Federal Bureau of Investigation Special Agent in Charge Ed Gray, Oklahoma City Police Chief Wade Gourley, and IRS Criminal Investigations Special Agent in Charge of Dallas Field Office Christopher Altemus.

Over the course of this multi-phased investigation, federal, state, and local law enforcement used various investigative tools and techniques, including a dozen court-approved wire taps on phones used by the IMG’s network.  More than half of the wire taps were on contraband cell phones smuggled into state prisons that defendants used to direct trafficking operation outside prison walls.  In addition to convicting 125 IMG members and associates, law enforcement seized more than 525 pounds of methamphetamine and heroin, 212 firearms, and almost $600,000 in drug proceeds and real property associated with the IMG’s criminal activity. 

Crimes for which the 125 IMG members and associates were convicted include drug trafficking, drug conspiracy, money laundering, witness retaliation, witness tampering, maintaining drug premises, illegal firearms possession, and possession of drugs and drug paraphernalia, among others.  

Of the 125 defendants, one defendant received a life sentence in federal prison, 113 have been collectively sentenced to 1,350 years in federal prison, seven lower-level defendants collectively received 33 years of probation in federal court, and two defendants received 15 years of deferred sentences in state court.  Two defendants are still pending sentencing.

Among the defendants are the following:

  • David Postelle, 39, the head of the IMG, ran the drug trafficking operation from his maximum-security state prison cell by connecting fellow IMG members to sources of supply for drugs through contraband cellphones.  A federal judge held him responsible for either distributing or assisting in the distribution of over 270 kilograms of methamphetamine.  Postelle was sentenced to life in federal prison for his part in orchestrating this large-scale drug trafficking ring from behind prison walls.
  • Chad Hudson, 41, the leader of the IMG before Postelle took over, was held responsible for dealing more than 45 kilograms of methamphetamine from inside his maximum security prison cell.  Hudson was sentenced to serve 348 months in federal prison.
  • Zachary Clark, 31, an IMG member and state inmate, was found responsible for distributing approximately 100 kilograms of methamphetamine from state custody.  While in federal custody, Clark also engaged in repeated attempts to intimidate witnesses.  Clark was sentenced to serve 480 months in federal prison.
  • Aaron Keith, 40, an IMG member and state inmate, was convicted for conspiracy to distribute methamphetamine from his state prison cell.  He was involved with multiple acts of violence, including participating in the stabbing of another IMG member believed to be cooperating with authorities against the gang.  Keith was sentenced to serve 480 months in federal prison.
  • Rogelio Velasquez, 44, one of the sources of drug supply for the IMG, was convicted of conspiracy to traffic drugs and lauder drug proceeds.  When he was arrested in Kansas, he had over 100 firearms stashed in several locations, and wiretap interceptions during the investigation revealed that Velasquez was trafficking firearms to Mexico.  The investigation also implicated Velasquez in an attempted murder in Kansas.  Velasquez was sentenced to serve 310 months in federal prison.
  • Niko Davis, 30, an IMG associate, was arrested when intercepted communications indicated that he had been dispatched by Richard Coker, 39, an IMG member and state inmate, to “pistol whip” a third party in exchange for some heroin.  Coker had likewise told Davis regarding a witness, “I need her head blown off.”  For their respective parts in the overall IMG drug conspiracy, Davis was sentenced to 84 months in federal prison, while Coker was sentenced to 360 months in federal prison. 
  • Jade Nichols, 26, was initially convicted in March 2020 of being a felon unlawfully in possession of a firearm and ammunition.  Nichols was convicted again in June 2021 of two counts of witness tampering—one of the assaults coming at the direction of another incarcerated leader of the IMG.  Finally, Nichols was convicted for a third time in December 2021 along with Chad Clark, 36, of witness retaliation after assaulting a cooperating defendant.  Nichols and Clark are awaiting sentencing.

Other defendants include high-ranking members of the IMG, a Mexican-based source of drug supply to the IMG, drug couriers, money launderers, and even two state prison guards.  

Early in this investigation, death threats were made against two prosecutors by IMG associates.  Additional security measures were required to ensure that the prosecutions were undeterred, and the safety of the prosecutors was maintained throughout this investigation.  Likewise, during the investigation, and thanks to law enforcement’s use of wiretaps, dozens of acts of potential violence were prevented, ranging from potential shootings to kidnappings and assaults.

“This wide-spread drug trafficking operation was primarily directed and controlled by incarcerated gang members using contraband cell phones from their state prison cells,” said United States Attorney Robert J. Troester.  “Now, 125 gang members and associates have been held accountable, more than 525 pounds of deadly drugs have been taken off the streets, and 212 firearms have been taken out of the hands of criminals.  I commend the outstanding effort and long-term coordinated teamwork of law enforcement partners led by the FBI, Oklahoma City Police Department, and IRS-Criminal Investigation, who worked closely with the dedicated and outstanding prosecutors in my office.”

“This was an outstanding example of federal, state, and local agencies working together to positively impact the state of Oklahoma by disrupting and dismantling this large-scale violent gang involved in drug trafficking,” said Ed Gray, Special Agent in Charge of the FBI Oklahoma City Division. “Make no mistake, the sentences handed down should serve as a warning to those thinking of filling the void created by the successful prosecution and convictions in this case – we aren’t finished. Our agents are dedicated and persistent.  We will continue our efforts to free the community of deadly drugs, drug dealers and the violent crime it perpetuates across our cities while fulfilling our mission to Protect the American People.”

“The Oklahoma City Police Department appreciates the partnerships we have with our state and federal agencies,” said OCPD Chief of Police Wade Gourley.  “Public safety in Oklahoma City takes a considerable team effort.  This investigation is a perfect example of how we work together to combat major crimes, which have a huge impact on the safety of our residents.  Methamphetamine use and its associated criminal activity have a detrimental effect on our city and this operation will certainly make our community safer.  Thank you to everyone involved for your continued support and dedication to the safety of Oklahoma City residents.”

“These prosecutions are an important victory for the American public.  The laundering of illegal drug profits is as important and essential to drug traffickers as the very distribution of their illegal drugs,” said Christopher Altemus, IRS Criminal Investigation, Special Agent in Charge, Dallas Field Office.  “Without these ill-gotten gains, the traffickers cannot finance their organizations. The role of IRS-CI in narcotics investigations is to follow the money to financially disrupt and dismantle drug trafficking and money laundering organizations.  We are proud to provide our financial expertise as we work alongside our law enforcement partners to bring criminals to justice.”

The investigation was spearheaded by the Federal Bureau of Investigation – Oklahoma City Field Office, the Oklahoma City Police Department, the Internal Revenue Service–Criminal Investigation, and the United States Attorney’s Office for the Western District of Oklahoma.  Valuable assistance was provided from numerous other law enforcement partners including the Drug Enforcement Administration, the Bureau of Alcohol, Tobacco, Firearms & Explosives, the Oklahoma Bureau of Narcotics, the Oklahoma Department of Corrections, the United States Marshals Service, and the Oklahoma County District Attorney’s Office. 

These prosecutions were part of multiple related Organized Crime Drug Enforcement Task Forces (OCDETF) investigations.  OCDETF identifies, disrupts, and dismantles the highest-level drug traffickers, money launderers, gangs, and transnational criminal organizations that threaten the United States by using a prosecutor-led, intelligence-driven, multi-agency approach that leverages the strengths of federal, state, and local law enforcement agencies against criminal networks.

Assistant U.S. Attorneys David McCrary, Nick Coffey, Steven Creager, Chelsie Pratt, Travis Leverett, David Petermann, and Kerry Blackburn prosecuted these cases, with assistance from Supervisory Paralegal Jenifer Rowe. 

Reference is made to public filings for more information.