Security News: Horry County Man Receives Eleven-Year Sentence for Distributing Heroin and Fentanyl

Source: United States Department of Justice News

Florence, South Carolina — Darryl Lamont McKenith, 33, of Aynor, was sentenced to eleven years in federal prison after pleading guilty to conspiracy to possess with intent to distribute and to distribute heroin and fentanyl.   

Evidence presented to the Court showed that McKenith was involved in a multi-year conspiracy to distribute heroin and fentanyl in Horry County.  McKenith served as a source of supply for co-conspirators, who would then distribute the drugs to users.  Over the course of the conspiracy, McKenith was accountable for more than 34 kilograms of heroin and 25 grams of fentanyl.  McKenith also reportedly pressured his grandmother into aiding in his drug distribution activities while he was detained on charges in his federal case.  

Chief United States District Judge R. Bryan Harwell sentenced McKenith to 132 months in federal prison, to be followed by a five-year term of court-ordered supervision.  There is no parole in the federal system.    Judge Harwell previously sentenced two of Mr. McKenith’s co-conspirators, both of whom served as distributors for Mr. McKenith.  Michael Keith McKenith, 32, of Aynor, received a sentence of 84 months in federal prison, and Scorpio Teriell Tisdale, 28, of Gallivants Ferry, received a sentence of 120 months in federal prison.  Two additional co-conspirators will be sentenced at a later date.

The case was investigated by the Horry County Police Department and the Drug Enforcement Administration. 

Assistant United States Attorney Katherine Flynn prosecuted the case.

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Security News: Huntington Man Sentenced for Possessing Unregistered Incendiary Device

Source: United States Department of Justice News

HUNTINGTON, W.Va. – A Huntington man was sentenced to time served for possessing an unregistered incendiary device, and placed on three years of supervised release to begin once he finishes a term of supervised release imposed for a prior conviction.

According to court documents and statements made in court, deputies with the Cabell County Sheriff’s Office and firefighters encountered Daniel Justin Watts, 36, while responding to a structure fire at his residence on Green Valley Road in Huntington on September 28, 2020. Watts admitted to them that he had constructed an incendiary device commonly known as a “Molotov cocktail,” which he ignited and threw onto the back porch of his residence, setting it on fire. Watts admitted to possessing the incendiary device and not registering it in the National Firearms Registration and Transfer Record.

In 2017, Watts was convicted of possession with intent to distribute heroin and was sentenced to two years and one month in prison followed by three years of supervised release. After the September 2020 incident, Watts’ supervised release was revoked and he was sentenced to one year and six months in prison followed by one year and six months of supervised release.

United States Attorney Will Thompson made the announcement and commended the investigative work of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), the Cabell County Sheriff’s Office, and the West Virginia State Fire Marshal’s Office.

United States District Judge Robert C. Chambers imposed the sentence. Assistant United States Attorney Ryan A. Keefe prosecuted the case.

A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 3:21-cr-119.

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Security News: Indiana Man Convicted of Murder for Hire Plot, Witness Tampering Sentenced to 222 Months in Prison

Source: United States Department of Justice News

NEWARK, N.J. – An Indiana man was sentenced today to 222 months in prison for plotting to pay a purported hitman to kill his ex-wife and for attempting to tamper with witnesses, U.S. Attorney Philip R. Sellinger announced.

Narsan Lingala, 58, of Noblesville, Indiana, was previously convicted of one count of conspiring to commit murder for hire, one count of traveling interstate or using interstate facilities with intent that a murder for hire be committed, and two counts of attempting to tamper with a witness. Lingala was convicted following an eight-day jury trial before Chief U.S. District Judge Freda L. Wolfson. Judge Wolfson imposed the sentence today in Trenton federal court.

According to documents filed in this case and the evidence at trial:

Lingala conspired and attempted to hire a purported hitman to kill his ex-wife. He also attempted to tamper with the testimony of a co-conspirator and an undercover law enforcement officer. The conduct for which he was convicted occurred between approximately May 2018 and March 2019.

In addition to the prison term, Judge Wolfson sentenced Lingala to three years of supervised release.

Lingala’s conspirator, Sandya Reddy, pleaded guilty in April 2019 to her role in the scheme and was sentenced on Aug. 10, 2020, to 63 months in prison.

U.S. Attorney Sellinger credited special agents of the FBI, under the direction of Acting Special Agent in Charge Michael Messenger in Newark; the Middlesex County Prosecutor’s Office, under the direction of Prosecutor Yolanda Ciccone; and the Woodbridge Police Department, under the direction of Police Director Robert Hubner, with the investigation leading to today’s sentence.

The government is represented by Assistant U.S. Attorneys Matthew Feldman Nikic of the Cybercrime Unit and Thomas S. Kearney of the Special Prosecutions Division in Newark.

Security News: Live Oak Father And Son Arrested And Charged With Unlawful Possession And Transfer Of Firearm Silencers

Source: United States Department of Justice News

Jacksonville, Florida – United States Attorney Roger B. Handberg announces the arrest of Dustin Eward (44, Live Oak) and Greg Eward (24, Live Oak) on a criminal complaint charging them with the possession and transfer of firearm silencers that are not registered to them in the National Firearms Registration and Transfer Record. The complaint also charges Dustin Eward with threatening to assault and murder a federal law enforcement officer. If convicted on all counts, Dustin Eward faces a maximum penalty of 20 years in federal prison and Greg Eward faces a maximum penalty of 10 years in federal prison. 

According to the complaint, the Ewards are father and son who live together in Live Oak. In filings with the State of Florida, they are identified as the corporate officers of Eward Research, Inc. Via their company website, the Ewards nominally market “solvent traps,” which, in actuality, are firearm silencers or suppressors.  Under federal law, it is illegal for any person to receive or possess firearm silencers that are not registered to that person in the National Firearms Registration and Transfer Record.  It is also illegal to transfer firearm silencers in violation of the National Firearms Act.

The complaint alleges that during two separate transactions in 2022, an undercover federal agent purchased a total of three firearm silencers from the Ewards. The agent communicated with Dustin Eward via an email address listed on the Ewards’s company website. Surveillance video captured Greg Eward mailing one of two packages containing silencers to the undercover agent.

It is further alleged in the complaint that Dustin Eward has a history of threatening law enforcement officers and public officials with violence, including in posts on YouTube, a personal website that he hosts, by phone, and by email. For example, on April 15, 2022, he emailed a federal agent and stated, among other things, “Your actions are an act of war against all Americans, and I will respond accordingly.”  He also stated, “I have nothing left to lose.  Arrest me?  Kill me? …. Death is an upgrade.  The only dream I have left is to take you with me.”  He further stated, “You will call off your attack, or I will defend myself the only way I have left; with maximum violence.”  He concluded the email, “I’m willing to die in this fight.  Are you?  I will not submit to satanic traitors.”

A complaint is merely a formal charge that a defendant has committed one or more violations of federal criminal law, and every defendant is presumed innocent unless, and until, proven guilty.

This case was investigated by the Federal Bureau of Investigation, the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Naval Criminal Investigative Service, the U.S. Postal Inspection Service, the Live Oak Police Department, the Suwannee County Sheriff’s Office, and the Columbia County Sheriff’s Office.  It will be prosecuted by Assistant United States Attorneys Kirwinn Mike and Michael Coolican.

This case is being 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.

Security News: Montgomery County “Goody Bag” Pill Mill Doctor Sentenced to 20 Years in Prison

Source: United States Department of Justice News

PHILADELPHIA – Acting United States Attorney Jennifer Arbittier Williams announced that Andrew Berkowitz, 62, of Huntington Valley, PA was sentenced to 20 years in prison, five years supervised release, and was ordered to pay a $40,000 fine and almost $4 million in restitution by United States District Judge Paul Diamond for running a prescription “pill mill” from his medical practice which he operated in Philadelphia under the name ‘A+ Pain Management.’ Judge Diamond also ordered that the defendant shall forfeit fraud proceeds of approximately $3.4 million and four real properties.

In January 2020, Berkowitz pleaded guilty to 19 counts of health care fraud, and 23 counts of distributing oxycodone outside the course of professional practice and without a legitimate medical purpose, charges for which he was indicted in June 2019. The defendant fraudulently billed insurers for medically unnecessary physical therapy, acupuncture, chiropractic adjustments, and prescription drugs, and for treatments not provided at all. Regardless of their complaint, at every visit patients received a “goodie bag” which was a tote bag filled with prescription drugs for which Berkowitz submitted pharmacy claims through his company, Bucks Philadelphia Medical Care Group. The “goodie bags” typically included a combination of drugs including topical analgesics such as Relyyt and/or Lidocaine; muscle relaxers such as Chloroxazon and/or Cyclobenzaprine; anti-inflammatories such as Celecoxib and/or Nalfon; and Schedule IV controlled substances such as Tramadol for pain; and/or Eszopiclone and Quazepam for insomnia and anxiety. The defendant obtained payments from insurers of more than $4,000 for each bag by falsely asserting that the drugs were for the benefit of the patient when, in reality, Berkowitz was the real beneficiary.

As part of the fraud scheme, Berkowitz also prescribed oxycodone to “pill-seeking” patients in exchange for their tacit approval that he would submit excessive claims to the patient’s insurer for the “goodie bag” and other medically unnecessary services. From 2015 through 2018, Berkowitz obtained more than an estimated $4 million in fraudulent proceeds from his scheme.

The defendant is also subject to a civil judgement in which he is obligated to pay approximately $1.8 million as a result of civil False Claims Act liability for false claims submitted to Medicare, and subject to a permanent prohibition on Berkowitz ever prescribing, distributing or dispensing controlled substances ever again.

“Doctors who dare engage in healthcare fraud and drug diversion, two drivers of the opioid epidemic ravaging our communities, should heed this sentence as a warning that they will be held responsible, criminally and financially,” said U.S. Attorney Williams. “Our office will continue to root out healthcare fraud and drug diversion in the Eastern District of Pennsylvania in all its forms.”

“Doctors are supposed to treat illness, not feed it,” said Jacqueline Maguire, Special Agent in Charge of the FBI’s Philadelphia Division. “Andrew Berkowitz prescribed patients unnecessary pills and handed out opioids to addicts. He then made millions by billing Medicare and other insurance programs for these drugs and for treatments that never happened. Health care fraud is costly on many levels, whether it’s the unlawful diversion of Medicare funds, medication, or both. That’s why these cases are a priority for the FBI and our partners on the Health Care Fraud Task Force.”

The case was investigated by the Federal Bureau of Investigation; the Philadelphia Police Department; the U.S. Department of Health and Human Services – Office of Inspector General; the U.S. Office of Personnel Management – Office of Inspector General; and the U.S. Department of Labor – Office of Inspector General. The criminal charges are being prosecuted by Assistant United States Attorney M. Beth Leahy. The related civil investigation, litigation, and resolution are being handled by Assistant United States Attorneys Anthony D. Scicchitano and Sarah Grieb.