Month: April 2022

Source: United States Department of Justice News

PHOENIX, Ariz. – Sarah Nicole Kelley, 41, of Coolidge, Arizona, was sentenced last week by U.S. District Judge John J. Tuchi to 46 months in prison and ordered to pay $190,774.64 in restitution. Kelley was found guilty of 24 counts of wire fraud and 8 counts of money laundering by a federal jury in October 2021.

The evidence at trial showed that Kelley defrauded a family friend out of $185,000 in savings. Kelley, a former real estate agent, convinced the victim to invest in a real estate project and send additional money for a short-term loan. Instead of using the money as promised, Kelley used the victim’s savings to pay off her own debts. Kelley then strung the victim along for months with a series of lies and excuses about how the money was spent and when the victim would get it back.

At sentencing, the Court found that Kelley previously defrauded another family friend out of $647,000 using similar tactics. The Court also found that Kelley provided false testimony under oath when seeking to overturn the jury’s guilty verdict.

Internal Revenue Service – Criminal Investigation conducted the investigation in this case. The United States Attorney’s Office, District of Arizona, Phoenix, handled the prosecution.

CASE NUMBER:            CR-19-01143-JJT
RELEASE NUMBER:    2022- 048_Kelley

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For more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az/
Follow the U.S. Attorney’s Office, District of Arizona, on Twitter @USAO_AZ for the latest news.

Source: United States Department of Justice News

Memphis, TN- Decardo Moore, 22, has been sentenced to life imprisonment for murder during a business robbery. Joseph C. Murphy, Jr., United States Attorney announced the sentence today.
According to information presented in court, on March 28, 2019, Decardo Moore entered the Exxon on Stage Road in Memphis and demanded money from the store clerk and two patrons. After all three complied, Moore fired a single shot, which struck and killed the store clerk. Moore then fired shots to break the glass in the front door and fled.
Three months later, on June 28, 2019, Decardo Moore, Joshua Beason, and an additional co-defendant robbed three Memphis-area gas stations. At approximately 1:10 a.m., Moore and Beason approached a store clerk outside of the Mapco Express on Raleigh Millington Road armed with semi-automatic handguns with extended magazines. They threatened the clerk, forced her inside, and removed money from the register. Less than an hour later, the group proceeded to the Murphy Express on Summer Avenue. Moore’s co-defendants put a handgun to the side of a store clerk, forced him inside the store, and threatened the lives of both store clerks. They took money from the register and fled. Moore served as the getaway driver.
Approximately thirty minutes later, the group robbed the Exxon on Summer Avenue. They brandished firearms, removed the cash drawer then fled the scene. Moore served as the getaway driver.
Minutes later, the group participated in a home invasion on West Barbara Circle. During this incident, a resident, Moore and one of his co-defendants were shot. All three survived. Moore and his co-defendants were apprehended at the emergency room. Charges for the home invasion are pending for all three defendants before the State of Tennessee.
On October 25, 2021, Moore pled guilty to four counts of robbery and four counts of brandishing a firearm.
On April 21, 2022, United States District Judge Mark S. Norris sentenced Moore to life in federal prison plus 21 years’ incarceration. Joshua Beason was sentenced to 293 months in federal prison on March 14, 2021. Moore’s other co-defendant is scheduled for trial in May 2022. There is no parole in the federal system.
This case was investigated by the FBI’s Safe Streets Task Force.
Assistant United States Attorneys Kevin Whitmore and Greg Wagner prosecuted this case on behalf of the government.

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Source: United States Department of Justice News

A Maryland man was sentenced today to life in prison for his conduct in connection with La Mara Salvatrucha, a transnational criminal enterprise, also known as MS-13.

MS-13 is a transnational gang composed primarily of immigrants or descendants from El Salvador. Branches or “cliques” of MS-13, one of the largest street gangs in the United States, operate throughout Frederick County, Anne Arundel County, Prince George’s County, and Montgomery County, Maryland.

According to court documents, Junior Noe Alvarado-Requeno aka Insolente, aka Trankilo, 24, of Landover, Maryland, was convicted on multiple racketeering-related offenses on Nov. 23, 2021 after a four-week trial. Alvarado-Requeno was convicted of three counts each of murder in aid of racketeering and conspiracy to commit murder in aid of racketeering, and one count of conspiracy to possess with intent to distribute marijuana and cocaine.

According to the evidence presented at the four-week trial, between 2015 and 2018, Alvarado-Requeno and his co-defendant, Miguel Angel Corea Diaz, aka Reaper, 41, of Long Branch, New Jersey, controlled and operated the Sailors Locos Salvatruchos Westside (S.L.S.W. or Sailors) clique through a pattern of illegal activity, which included murder, extortion, drug trafficking, money laundering, and witness tampering. Corea Diaz was sentenced to life in prison on April 1, 2022.

Evidence showed that the gang ran a protection scheme in and around its home base in Langley Park, Maryland, and extorted local businesses by charging them “rent” for the privilege of operating in MS-13 “territory” and trafficked in illegal drugs. A large share of the proceeds of the gang’s illegal activities were sent to gang leadership in El Salvador to further promote the goals of the gang, using structured transactions and intermediaries to avoid law enforcement scrutiny.

The Sailors clique committed acts of violence against suspected rival gang members, as well as against its own membership for breaking gang rules. Evidence presented at trial showed that in June 2016, Alvarado-Requeno ordered members of the Sailors clique to murder a suspected rival in the woods at Malcolm King Park in Gaithersburg. Luring him with the promise of sex with a female MS-13 associate, the gang members ambushed the teenaged victim and stabbed him 153 times. The victim did not belong to any gang.

In March 2017, a member of the Sailors clique who was hiding from law enforcement in the Lynchburg, Virginia, area had a dispute with a local high school student. In response, Alvarado-Requeno and Corea Diaz organized a squad of MS-13 members to drive down to Lynchburg and murder the minor. The gang members kidnapped the student from his front lawn and cut his hand off before killing him. After the murder, the Alvarado-Requeno and Corea Diaz helped to hide and protect the killers who escaped the scene from law enforcement.

According to evidence presented at trial, among the most important rules of MS-13 is the prohibition against talking to law enforcement, embodied by the maxim ver, oir, y callar – see, hear, and say nothing. The gang enforced this rule by placing a “green light” – an order to kill – on any member of MS-13 who was thought to be informing on the gang. In December 2016, Alvarado-Requeno directed and participated in the murder of a 14-year-old member of MS-13 who was suspected of talking to the police. The victim’s remains were discovered 18 months later in the woods outside of Germantown, Maryland.

The case was investigated by the FBI, HSI, the DEA’s Washington and Buffalo Field Divisions, the Prince George’s County Police Department, the Montgomery County Police Department and the Bedford County Sherriff’s Office. The Nassau County District Attorney’s Office provided valuable assistance.

The case was prosecuted by Trial Attorneys Julie Finocchiaro and Alexander Gottfried of the Criminal Division’s Organized Crime and Gang Section and Assistant U.S. Attorneys Timothy Hagan and William Moomau for the District of Maryland.

Anyone with information about MS-13 is encouraged to provide their tips to law enforcement. The FBI and Homeland Security Investigations both have nationwide tip lines that you can call to report what you know. You can reach the FBI at 1-866-STP-MS13 (1-866-787-6713), or you can call HSI at 1-866-DHS-2-ICE.

This case is part of an Organized Crime Drug Enforcement Task Force (OCDETF) investigation.

Source: United States Department of Justice News

Spokane, Washington – Dr. Jacqueline Thomas, N.D., an East Wenatchee-based naturopathic doctor, and Dr. Rebecka Hoppins, an, Edmonds-based naturopathic doctor, have each agreed to pay $16,500 to resolve allegations under the Controlled Substances Act that they improperly prescribed controlled substances. The Controlled Substances Act regulates certain drugs deemed to pose a risk of abuse and dependence. To protect public safety and prevent misuse and diversion, the Act requires practitioners to register with the Drug Enforcement Administration (“DEA”) to prescribe these controlled substances.

During the relevant time period, Dr. Thomas and Dr. Hoppins were both naturopathic doctors licensed and practicing in the State of Washington. Under state and federal law, as naturopathic doctor, Dr. Thomas and Dr. Hoppins were only authorized to prescribe two types of controlled substances: codeine and testosterone products. Nonetheless, in the settlement agreement between the United States and Dr. Thomas, Dr. Thomas admitted to issuing 110 prescriptions for controlled substances that she was not licensed to prescribe between December 2016 and September 2021. These included the narcotic opioid tramadol; the sleep aids zolpidem (often sold under the brand name Ambien) and eszopiclone (often sold under the brand name Lunesta); the sedative pregabalin (sometimes sold under the brand name Lyrica); and the diet drug phentermine. Similarly, in the settlement agreement between Dr. Hoppins and the United States, Dr. Hoppins admitted to issuing 110 invalid prescriptions for controlled substances between 2017 and 2022, including the benzodiazepine alprazolam; the narcotic opioids hydrocodone and tramadol; and the sleep aids eszopiclone (commonly prescribed under the brand name Lunesta) and zopidem (often sold under the brand name Ambien).

The settlement agreement also further sets forth that both doctors ceased their improper prescribing practices after being contacted by the DEA. Dr. Hoppins voluntarily surrendered her DEA registration and implemented additional controls to ensure appropriate prescribing going forward, while Dr. Thomas entered into a separate compliance agreement with DEA to submit regular prescribing logs and to undertake additional corrective actions to ensure that this conduct does not recur.

“I am relieved that it does not appear anyone was seriously harmed by medications improperly prescribed by these practitioners, and I commend both for admitting their past conduct and committing to strict compliance going forward. But when a healthcare practitioner prescribes controlled substances that she is not licensed or qualified to prescribe, the public is placed at serious risk of potentially dangerous side effects, drug interactions, and contraindications,” said Vanessa R. Waldref, United States Attorney for the Eastern District of Washington. “This resolution demonstrates our strong commitment to protecting public health and to keeping our communities strong and safe. In particular, I commend the excellent investigative work conducted by DEA’s Diversion Group, and the Department of Health and Human Services Office of Inspector General. We will continue to work with our law enforcement partners to hold health care practitioners accountable.”

“The careless and irresponsible prescribing habits of Dr. Hoppins and Dr. Thomas are a violation of federal law and in serious breach of their naturopathic license, presenting a clear and present danger to our nation’s health, safety and security,” said Frank A. Tarentino III, Special Agent in Charge, DEA Seattle Field Division. “Although regretful and conciliatory, the behavior of these medical professionals significantly contributes to the many complexities fueling the opioid epidemic and endangering the citizens of Washington. We will continue to work with our local, state and federal law enforcement partners in the opioid and overdose prevention awareness campaign and relentless pursuit of all those involved in the trafficking of opioids.”

These are the latest in a series of settlements the U.S. Attorney’s Office has announced with naturopaths for improperly prescribing controlled substances. In November 2021, Dr. Christopher M. Valley, a Spokane-based naturopath, agreed to pay $47,700 to resolve his liability under the Controlled Substances Act, while Dr. Judith Caporiccio, a Richland naturopath, entered into a $70,096 settlement resolving her liability in February 2022.

The settlement was the result of a joint investigation conducted by DEA’s Seattle Field Office, Diversion Group, the U.S. Department of Health and Human Services, Office of Inspector General, Seattle Field Office, and the U.S. Attorney’s Office for the Eastern District of Washington. Assistant United States Attorneys Dan Fruchter and Tyler H.L. Tornabene handled this matter on behalf of the United States.

final_hoppins_settlement_agmt_fully_executed.pdf

fully_executed_thomas_settlement_agreement.pdf

Source: United States Department of Justice News

ST. PAUL, Minn. – A federal jury convicted a St. Paul man of illegal possession of a firearm as a felon, announced U.S. Attorney Andrew M. Luger.

Following a three-day trial before U.S. District Judge Nancy E. Brasel, Samson Diamonte Xavior-Smith, 27, was convicted on April 21, 2022, of one count of being a felon in possession of a firearm. A sentencing hearing will be scheduled at a later time.

According to the evidence presented at trial, on June 25, 2021, the St. Paul Police Department received a 911 call reporting a pedestrian, later identified as Xavior-Smith, had pointed a gun at the driver of a stopped vehicle on the Robert Street Bridge. St. Paul Police officers responded to the scene and, after a foot chase, apprehended Xavior-Smith at the intersection of 4^th Street and Cedar Street. During the chase, officers observed, and city surveillance cameras recorded, Xavior-Smith place an object into a trash can. Immediately after his arrest, officers looked inside that trash can and recovered a Sig Sauer, Model P290RS, 9mm pistol from the trash can. Subsequent testing found Xavior-Smith’s DNA on the gun.

Because Xavior-Smith has multiple prior felony convictions in Ramsey and Washington Counties, he is prohibited under federal law from possessing firearms or ammunition at any time.

This case was prosecuted as part of the joint federal, state, and local Project Safe Neighborhoods (PSN) Program, the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.

This case was the result of an investigation conducted by the Bureau of Alcohol, Tobacco, Firearms, and Explosives and the St. Paul Police Department.

This case was tried by Assistant U.S. Attorney Benjamin Bejar.