Month: August 2022

Source: United States Department of Justice News

Memphis, TN – Barium Martin, 19, Julius Armstrong, 19, and Adairius Armstrong, 20, have pled guilty 
to armed carjacking crimes.  Joseph C. Murphy, Jr., United States Attorney, announced the guilty 
verdict today.

According to information presented in court, in May of 2021, Barium Martin, Adairius Armstrong, 
Julius Armstrong, and another co-defendant participated in a string of carjackings, which 
culminated in the shooting of two federal agents.

On May 5, 2021, two suspects approached victims “C.N.” and “M.C.” while they were sitting in C.N.’s 
vehicle. One suspect, later identified as Adairius Armstrong, demanded the victims get out of the 
vehicle as he pointed an assault rifle at their heads. The suspects took the victims’ belongings 
and fled in C.N.’s 2015 Hyundai. The suspects returned shortly and stole M.C.’s 2012 Mercedes.

On May 6, 2021, Adairius Armstrong and Julius Armstrong approached victim “L.P.” while she was 
sitting in her 2017 Nissan. Adairius Armstrong tapped on L.P.’s window with an assault rifle and 
demanded the keys. L.P. fled as Julius Armstrong got into the passenger seat armedwith a handgun. 
The two then stole L.P.’s vehicle and fled the scene.

On May 7, 2021, Julius Armstrong approached victim “N.R.” armed with an assault rifle as she 
checked the tire of her 2021 Nissan. Julius Armstrong demanded that N.R. give her phone, purse, and 
keys to him. The gunman got into her car and drove eastbound on Jackson Avenue along with a Honda 
CRV, driven by Barium Martin. Adairius Armstrong also participated, his fingerprints were found 
inside of the carjacked vehicle. Also on May 7, 2021, at 1:40 a.m., victim “E.G.,” was traveling 
south on Montgomery approaching the Parkway when a tan SUV cut her off, making the victim come to a 
complete stop. A gunman stepped out of the passenger side of the SUV holding an assault rifle, 
demanding her to get out of the car as he threatened to kill her. The victim got out of the vehicle and the suspect got in her car and both vehicles left traveling south. Barium Martin was identified as 
the driver of the tan SUV.

Later that same day, at approximately 2:30 p.m., special agents from the ATF and officers from the 
Memphis Police Department Violent Crime Unit, received information that MPD patrol officers pursued 
and lost track of another stolen vehicle, but later recovered the vehicle near Alabama and Mosby. 
Video from the area showed that four suspects emerged from the stolen vehicle, including one 
carrying what appeared to be a rifle. ATF and VCU officers observed a vehicle of interest and began 
to follow it near Dunlap and Mosby. The suspect vehicle then turned on Leath and stopped.  A 
sergeant with MPD pulled his vehicle in front of the suspect vehicle.

An ATF agent observed a man wearing a red hoodie, later identified as Barium Martin, outside of the 
vehicle raise a rifle at the officers. Another witness observed Julius Armstrong raise a rifle and 
begin shooting. The witness observed Julius Armstrong move toward the driveway as he shot his 
weapon before he jumped a gate and ran. The suspects fired approximately 10-20 shots at the special 
agent and sergeant, who were both struck by gunfire but survived their injuries and have since 
returned to full duty status.

On August 10, 2022, Barium Martin pled guilty to two carjackings, the use of a firearm during a 
carjacking, and the shooting of the ATF agent and Memphis Police Sergeant. Sentencing for Martin is 
set for November 10, 2022, before United States District Judge Thomas L. Parker.

On August 11, 2022, Adairius Armstrong pled guilty to four carjackings and the use of a firearm 
during two of the carjackings. He faces a mandatory minimum sentence of 14 years in federal prison. 
Sentencing for Adairius Armstrong is set for November 10,2022, before United States District Judge 
Thomas L. Parker.

On August 18, 2022, Julius Armstrong pled guilty to two carjackings, the use of a firearm during a 
carjacking, the shooting of the ATF Agent and Memphis Police Sergeant, and the discharge of a 
firearm during the shooting of the officers. He faces a mandatory minimum sentence of 17 years in 
federal prison. Sentencing for Julius Armstrong is set for November 9, 2022, before United States 
District Judge Thomas L. Parker.

There is one remaining co-defendant who is currently scheduled for trial in November 2022. The 
charges and allegations in the indictment are merely accusations, and the defendant is presumed 
innocent unless and until proven guilty. There is no parole in the federal system.

“These violent offenders victimized and terrorized five citizens and two law enforcement officers. 
They repeatedly showed total disregard for human life and personal property. Carjackings and the 
prevalence of guns on our streets continue to plague our communities at alarming and unacceptable 
rates and the ATF will continue to work with our state, local, and federal partners to remove 
violent criminals from the communities that we serve,” said Mickey French, ATF Special Agent in 
Charge, Nashville Field Office.

“This conviction sends a clear message that offenders who commit armed carjackings and shoot at our 
law enforcement partners will be expeditiously caught, prosecuted, and ultimately held accountable 
for their violent actions,” said Special Agent in Charge of the Federal Bureau of Investigation’s 
Memphis Division, Douglas M. Korneski. “The FBI and our federal and local partners will continue to 
combine our resources and share our expertise to target those who perpetrate similar heinous acts.”

This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), FBI’s 
Safe Streets Task Force, the Multi-Agency Gang Unit, and with assistance from the Shelby County 
District Attorney’s Office.

Assistant United States Attorney’s Dean DeCandia, Elizabeth Rogers, and Greg Wagner are prosecuting 
this case on behalf of the government.

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Source: United States Department of Justice News

Essilor International, Essilor of America Inc., Essilor Laboratories of America Inc. and Essilor Instruments USA (collectively, “Essilor”), headquartered in Dallas, have agreed to pay $16.4 million to resolve allegations that the company violated the False Claims Act by causing claims to be submitted to Medicare and Medicaid that resulted from violations of the Anti-Kickback Statute. 

Essilor manufactures, markets and distributes optical lenses and equipment used to produce optical lenses. The United States alleged that between Jan. 1, 2011, and Dec. 31, 2016, Essilor knowingly and willfully offered or paid remuneration to eye care providers, such as optometrists and ophthalmologists, to induce those providers to order and purchase Essilor products for their patients, including Medicare and Medicaid beneficiaries, in violation of the Anti-Kickback Statute. The Anti‑Kickback Statute prohibits offering or paying anything of value to induce the referral of items or services covered by Medicare, Medicaid and other federally-funded programs. The statute is intended to ensure that medical providers’ judgments are not compromised by improper financial incentives.

“When medical equipment manufacturers provide kickbacks to referring providers, it can compromise the integrity of medical decision-making,” said Principal Deputy Assistant Attorney General Brian M. Boynton, head of the Justice Department’s Civil Division. “The department will continue to pursue violations of the Anti-Kickback Statute to ensure that patient care is not influenced by improper financial incentives.”

“The Anti-Kickback Statute was designed to ensure doctors make medical decisions with only their patients’ best interests in mind,” said U.S. Attorney Chad Meacham of the Northern District of Texas. “We are pleased to see Essilor taking financial responsibility for their conduct.”

“Our healthcare system is predicated on providers making decisions solely in the best interest of the patient,” said U.S. Attorney Jacquelin Romero of the Eastern District of Pennsylvania. “Kickbacks threaten to corrupt that decision-making.  The U.S. Attorney’s Office stands ready to pursue anyone who fails to abide by the rules that ensure our system functions as it should.”

“Kickback schemes can impact medical judgment, eroding the trust of both patients and taxpayers,” said Lisa M. Re, Acting Chief Counsel at the U.S. Department of Health and Human Services Office of Inspector General (HHS-OIG). “Essilor’s Corporate Integrity Agreement is intended to establish policies and practices so it complies with the Anti-Kickback Statute moving forward.”

In connection with the settlement, Essilor entered into a five-year Corporate Integrity Agreement (CIA) with HHS-OIG. The CIA requires, among other things, that Essilor hire an independent review organization to review its systems, policies, processes and procedures for ensuring that any discounts, rebates, or other reductions in price offered to providers comply with the Anti-Kickback Statute. The CIA also requires Essilor to implement a new written review and approval process to ensure all existing and new discount arrangements comply with the Anti-Kickback Statute.

The civil settlement includes the resolution of claims brought under the qui tam or whistleblower provisions of the False Claims Act by relators Laura Thompson, Lisa Brez, and Christie Rudolph, former Essilor district sales managers. Under those provisions, a private party can file an action on behalf of the United States and receive a portion of any recovery.  The qui tam cases are captioned United States ex rel. Laura Thompson & Lisa Brez v. Essilor Int’l, No. 3:15-CV-2853-C (N.D. Tex.) and United States ex rel. Christie Rudolph v. Essilor Labs. of Am., Inc., No. 16-CV-0537 (WB) (E.D. Pa.).

The resolution obtained in this matter was the result of a coordinated effort between the Justice Department’s Civil Division, Commercial Litigation Branch, Fraud Section and the U.S. Attorneys’ Offices for the Northern District of Texas and the Eastern District of Pennsylvania.

The investigation and resolution of this matter illustrates the government’s emphasis on combating healthcare fraud. One of the most powerful tools in this effort is the False Claims Act. Tips and complaints from all sources about potential fraud, waste, abuse and mismanagement can be reported to the Department of Health and Human Services at 800-HHS-TIPS (800-447-8477).

The matter was handled by Senior Trial Counsel Diana Cieslak and Assistant U.S. Attorneys Braden Civins of the Northern District of Texas and Paul Kaufman of the Eastern District of Pennsylvania.

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

Source: United States Department of Justice Criminal Division

The United States, through the Department of Justice and FBI, forfeited approximately $23 million traceable to the corruption and money laundering of former Nigerian dictator Sani Abacha and his co-conspirators. This money will be returned to the Nigerian people through an agreement between the Governments of the United States and the Federal Republic of Nigeria (Nigeria) signed today in Abuja, Nigeria, by U.S. Ambassador Mary Beth Leonard. This repatriation will bring the total amount forfeited and returned by the Department of Justice in this case to approximately $334.7 million. 

In 2014, U.S. District Judge John D. Bates for the District of Columbia entered a judgment ordering the forfeiture of approximately $500 million located in accounts around the world, as the result of a civil forfeiture complaint for more than $625 million traceable to money laundering involving the proceeds of Abacha’s corruption. In 2020, the department repatriated over $311.7 million of the forfeited assets that had been located in the Bailiwick of Jersey. Last year, the U.K. government enforced the U.S. judgment against the additional $23 million.

“This repatriation of $23 million reflects the Justice Department’s unwavering commitment to recover and return corruption proceeds laundered through the U.S. financial system,” said Assistant Attorney General Kenneth A. Polite, Jr. of the Justice Department’s Criminal Division.

The forfeited assets represent corrupt monies laundered during and after the military regime of General Abacha, who became Head of State of the Federal Republic of Nigeria through a military coup on Nov. 17, 1993, and held that position until his death on June 8, 1998. The complaint alleges that General Abacha, his son Mohammed Sani Abacha, their associate Abubakar Atiku Bagudu and others embezzled, misappropriated and extorted billions from the government of Nigeria and others, then laundered their criminal proceeds through U.S. financial institutions and transactions in the United States. The United Kingdom’s cooperation in the investigation, restraint and enforcement of the U.S. judgement, along with the valuable contributions of Nigeria and other law enforcement partners around the world, including the United Kingdom’s National Crime Agency, as well as those of the Justice Department’s Office of International Affairs, have been instrumental to the recovery of these funds.

Under the agreement signed today, the United States will transfer 100% of the net forfeited assets to the Federal Republic of Nigeria to support three critical infrastructure projects in Nigeria that were previously authorized by Nigerian President Muhammadu Buhari and the Nigerian legislature. Specifically, the funds governed by this agreement will help finance the Second Niger Bridge, the Lagos-Ibadan Expressway and the Abuja-Kano road – investments that will benefit the citizens of each of these important regions in Nigeria. 

The agreement includes key measures to ensure transparency and accountability, including administration of the funds and projects by the Nigeria Sovereign Investment Authority (NSIA), financial review by an independent auditor and monitoring by an independent civil society organization with expertise in engineering and other areas. The agreement also precludes the expenditure of funds to benefit alleged perpetrators of the corruption or to pay contingency fees for lawyers. The agreement reflects the sound principles for ensuring transparency and accountability adopted at the Global Forum on Asset Recovery (GFAR) in December 2017 in Washington, D.C., which the United States and United Kingdom hosted with support from the Stolen Asset Recovery Initiative of the World Bank and United Nations Office on Drugs and Crime.

This case was brought under the Kleptocracy Asset Recovery Initiative by a team of dedicated prosecutors in the Criminal Division’s Money Laundering and Asset Recovery Section working in partnership with the FBI’s Washington Field Office. Through the Kleptocracy Asset Recovery Initiative, the Department of Justice and federal law enforcement agencies seek to safeguard the U.S. financial system from criminal money laundering and to recover the proceeds of foreign official corruption. Where appropriate and possible, the department endeavors to use recovered corruption proceeds to benefit the people harmed by acts of corruption and abuse of public trust. 

Individuals with information about possible proceeds of foreign corruption located in or laundered through the United States should contact federal law enforcement or send an email to kleptocracy@usdoj.gov. The department appreciates the extensive assistance provided by the Governments of the United Kingdom, Nigeria, Jersey, and France in this investigation. 

Source: United States Department of Justice News

ROCKFORD — A Rockford woman has been sentenced to 18 months in federal prison for making false statements in connection with the acquisition of firearms.

KIANA MARTIN, 30, was sentenced Monday by U.S. District Judge Philip G. Reinhard in Rockford.

Martin pleaded guilty on May 18, 2022, to misrepresenting to federally licensed firearms dealers that she was the actual transferee or buyer of firearms when, in fact, she was not the actual transferee or buyer of the firearms.  In a plea agreement, Martin admitted that on multiple dates she knowingly made false and fictitious written statements to the firearms dealers in connection with the acquisition of firearms, and then transferred those firearms to known felons who could not legally purchase them.

The sentence was announced by John R. Lausch, Jr., United States Attorney for the Northern District of Illinois; Ashley Johnson, Acting Special Agent-in-Charge of the Chicago Field Office of the FBI; Kristen de Tineo, Special Agent-in-Charge of the Chicago Field Division of the U.S. Bureau of Alcohol, Tobacco, Firearms & Explosives; and Carla Redd, Chief of the Rockford Police Department.  The Winnebago County Sheriff’s Office assisted in the investigation.  The government was represented by Assistant U.S. Attorney Jessica S. Maveus.

Source: United States Department of Justice News

          LOS ANGELES – A former resident of Ventura County was sentenced today to 235 months in federal prison for using Instagram to entice a 10-year-old girl into sending him sexually explicit images of herself.

          Barry Bryant Rossman, 63, a.k.a. “Ben,” formerly of Oxnard and Santa Rosa, was sentenced by United States District Judge Stanley Blumenfeld Jr., who also placed Rossman on lifetime supervised release and ordered him to pay $427.50 in restitution.

          At today’s hearing, Judge Blumenfeld said Rossman’s actions were “clearly planned, clearly sophisticated, and clearly manipulative” and he committed his crimes “knowing that he was elevating his own base needs above the most vulnerable people in society: children.”

          Rossman pleaded guilty on May 24 – on what was supposed to be the first day of his trial – to one count of production of child pornography, one count of enticement of a minor to engage in criminal sexual activity, and one count of receipt of child pornography.

          In late December 2019 and early January 2020, Rossman, then 60 years old, posed as “Ben,” purportedly a 21-year-old man, and used the Instagram account “itsben6969” to contact the victim – a 10-year-old girl in Colorado. When Rossman first contacted the victim, he pretended to have a 13-year-old brother who had mischievously taken his phone and reached out to the victim.

          Rossman engaged in conversation with the victim, using flattery and discussing topics such as Christmas gifts. Over the following days, Rossman’s conversations with the victim became increasingly sexually explicit, and Rossman convinced the victim to send him sexually exploitative photographs of herself.

          After Rossman and the victim exchanged photographs, videos, and messages, Rossman instructed the victim to delete her messages, claiming that his little brother might get into his Instagram account and Rossman did not want his little brother “loving” the photos like he did. Shortly thereafter, the victim’s mother discovered the messages on her daughter’s phone and called the police.

          In May 2020, law enforcement executed a search warrant at Rossman’s residence in Oxnard and found evidence linking his iPhone to the Instagram account used to contact the victim. A federal search warrant affidavit on Rossman’s “itsben6969” Instagram account revealed that Rossman used the account to contact at least hundreds of minors and used the same ruse that he used with the 10-year-old victim approximately 1,633 times, sometimes translating it into other languages.

          “For his sexual gratification…Rossman lied to, groomed, and manipulated children to engage in sex acts they were far too young to even understand,” prosecutors wrote in a sentencing memorandum. “The wreckage [Rossman] leaves in his wake for even one family aptly speaks to the severity of this offense and the public threat it poses in an Internet-reliant era.”

          The FBI and the Erie (Colorado) Police Department investigated this matter.

          Assistant United States Attorneys Chelsea Norell and Kathy Yu of the Violent and Organized Crime Section prosecuted this case.