Month: November 2022

Source: United States Department of Justice News

PIERRE – United States Attorney Alison J. Ramsdell announced that a Mission, South Dakota, man has been indicted by a federal grand jury for Prohibited Person in Possession of a Firearm.

Hunter Jacob Peneaux, age 28, was indicted in October of 2022. He appeared before U.S. Magistrate Judge Mark A. Moreno on November 10, 2022, and pleaded not guilty to the Indictment.

The maximum penalty upon conviction is up to 10 years in custody and/or a $250,000 fine, three of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.

The Indictment alleges that on August 11, 2022, in Todd County, South Dakota, Peneaux, having been previously convicted of a misdemeanor crime of domestic violence, knowingly possessed a firearm.

The charge is merely an accusation and Peneaux is presumed innocent until and unless proven guilty. 

This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.

The investigation is being conducted by the Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Abby Roesler is prosecuting the case. 

Peneaux was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has been set for December 20, 2022.

Source: United States Department of Justice News

PIERRE – United States Attorney Alison J. Ramsdell announced that a Fort Thompson, South Dakota, man convicted of Assault with a Dangerous Weapon, was sentenced on November 7, 2022, by Chief Judge Roberto A. Lange, U.S. District Court.

Roland Hawk, Jr., age 20, was sentenced to two years and four months in federal prison, followed by three years of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund.  Hawk was also ordered to forfeit the firearm used in the offense.

Hawk was indicted by a federal grand jury in December of 2021. He pleaded guilty on August 15, 2022.

The conviction stemmed from an incident that occurred on May, 28, 2021, in Fort Thompson, wherein Hawk struck a sleeping man several time about the head and face with a pistol. As a result of the assault the victim received a laceration to his head. 

This case is part of Project Safe Neighborhoods (PSN), 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 investigated by the FBI, the Bureau of Alcohol, Tobacco and Firearms, and the Bureau of Indian Affairs – Office of Justice Services, Crow Creek Agency. Assistant U.S. Attorney Troy R. Morley prosecuted the case.

Hawk was remanded to the custody of the U.S. Marshals Service.

 

 

Source: United States Department of Justice Criminal Division

A federal jury convicted an Illinois woman yesterday for conspiring to defraud Medicare of over $6 million.

According to court documents and evidence presented at trial, Rhonda Sutton, 58, of Matteson, worked as an unlicensed medical assistant for a physician in Chicago and surrounding areas from at least 2009 until at least 2012. In this position, Sutton conspired with others, including the owners of two home health care companies, to fraudulently certify Medicare beneficiaries for home health services for which those beneficiaries did not qualify.

Specifically, Sutton forged her physician employer’s signature on certification forms and supporting documentation, which caused Medicare beneficiaries to be enrolled in over 2,000 episodes of home health care at A&Z and Dominion home health agencies, both located in Lansing, Illinois. Sutton provided the forged physician forms to A&Z and Dominion, which enabled A&Z and Dominion to submit claims to Medicare for services that the beneficiaries did not need and were not qualified to receive. The owners of A&Z and Dominion paid Sutton kickbacks in exchange for the forged physician forms. A&Z and Dominion received over $6 million from Medicare due to Sutton’s fraudulent conduct.  

Sutton was convicted of conspiracy to commit health care fraud. She is scheduled to be sentenced on March 16, 2023 and faces a maximum penalty of 10 years in prison. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

Assistant Attorney General Kenneth A. Polite, Jr. of the Justice Department’s Criminal Division; U.S. Attorney John R. Lausch Jr. for the Northern District of Illinois; Assistant Director Luis Quesada of the FBI’s Criminal Division; Acting Special Agent in Charge John S. Morales of the FBI Chicago Field Office; and Special Agent in Charge Mario M. Pinto of the Department of Health and Human Services Office of Inspector General (HHS-OIG), Chicago Regional Office made the announcement.

The FBI and HHS-OIG investigated the case, which was brought as part of the Chicago Strike Force, supervised by the Criminal Division’s Fraud Section and the U.S. Attorney’s Office for the Northern District of Illinois.

Trial Attorneys Victor B. Yanz, Claire T. Sobczak, and Sarah W. Rocha of the Criminal Division’s Fraud Section and Assistant U.S. Attorney Patrick Mott for the Northern District of Illinois prosecuted the case.

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.

Source: United States Department of Justice News

TALLAHASSEE, FLORIDA – Beyah Islam “Bear” Basha, 44, of Perry, Florida, was sentenced to thirty years in federal prison after being convicted following a jury trial on August 23, 2022, on charges of conspiracy to distribute 50 grams or more of methamphetamine and distribution of 50 grams or more of methamphetamine. The sentence was announced by Jason R. Coody, United States Attorney for the Northern District of Florida.

“Those who repeatedly commit serious crimes are deserving of significant prison sentences,” said U.S. Attorney Coody. “This career criminal has demonstrated his unwillingness to abide by the law, committing repeated drug crimes. Given the outstanding work of our state, local, and federal law enforcement partners, he will no longer be distributing drugs in our community.”

Evidence introduced at trial demonstrated that Basha was distributing methamphetamine from his home in Perry, Florida, while Basha was on house arrest for state charges including possession of cocaine with intent to sell/deliver. Multiple witnesses testified that they had purchased methamphetamine from Basha at his home, citing his then state court restrictions.  The Perry Police Department and Taylor County Sheriff’s Office made three controlled purchases of methamphetamine from Basha at or outside his residence. On August 25, 2021, an undercover DEA agent and a confidential source also purchased three ounces of methamphetamine from Basha at his residence.

Basha’s imprisonment will be followed by ten years of supervised release.

“The DEA Miami Field Division remains committed to doing everything we can to prevent drug misuse and poisonings, including working with our local, state, and federal law enforcement partners, to hold those who threaten the safety and health of our Florida communities accountable for their unlawful actions,” said DEA Special Agent in Charge Deanne L. Reuter. “I commend the hard work and dedication of these investigators who worked tirelessly to bring Beyah Basha to justice.”

Basha qualified as a Career Offender and had an enhanced mandatory minimum sentence based on his prior criminal history. Basha had been to prison on seven prior occasions, primarily for drug-trafficking offenses. In 2018, Basha finished serving an 84-month federal prison sentence for distribution of cocaine and possession of cocaine with intent to distribute. Basha subsequently violated supervised release and served an additional 18-months in federal prison.

“Beyah Basha has been involved in the illicit drug trade in Taylor County and the City of Perry for at least two decades, said Chief Jamie Cruse, Jr., Perry Police Department.  “This is not his first conviction for such crimes, having chosen to follow a career as a criminal, participating in the drug trade and committing offenses that are closely associated with the illicit sale of drugs the entire time. Basha’s conviction and incarceration will remove him from a society to which he has distributed dangerous drugs for years. The Perry Police Department is proud to partner with The Taylor County Sheriff’s Office, The Drug Enforcement Administration, the U.S. Attorney’s Office, and other Federal and State partners in a concerted effort to remove this and other dangerous career criminals that continuously spread the poison of dangerous drugs to the youth and other Citizens of North Florida.”

The case resulted from a joint investigation by the Drug Enforcement Administration, the Taylor County Sheriff’s Office, and the Perry Police Department. It was prosecuted by Assistant United States Attorney James A. McCain.

This prosecution is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) investigation named Operation Arrowhead. 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. More information about OCDETF may be found at https://www.justice.gov/OCDETF and more information about Operation Arrowhead may be found at https://www.justice.gov/usao-ndfl/pr/georgia-man-arranging-methamphetamine-transactions-within-federal-prison-sentenced-300.

The United States Attorney’s Office for the Northern District of Florida is one of 94 offices that serve as the nation’s principal litigators under the direction of the Attorney General. To access public court documents online, please visit the U.S. District Court for the Northern District of Florida website. For more information about the United States Attorney’s Office for the Northern District of Florida, visit http://www.justice.gov/usao/fln/index.html.

Source: United States Department of Justice News

Damian Williams, the United States Attorney for the Southern District of New York, announced that a jury returned a guilty verdict yesterday against DARNELL KIDD a/k/a “Black,” a/k/a “Donney,” a/k/a “Donney Black,” on one count of an indictment charging him with the 2011 murder of Jonathan Johnson, 21, in White Plains, New York.  U.S. District Judge Nelson S. Román presided over the eight-day trial.

U.S. Attorney Damian Williams said: “Darnell Kidd shot and killed Jonathan Johnson during a robbery.  He now stands guilty of that murder.  We will continue to work with our law enforcement partners to vigorously investigate gun violence and pursue justice for the victims of violent crimes.”

According to the allegations in the Indictment and the evidence at trial:

On or about March 18, 2011, DARNELL KIDD murdered Jonathan Johnson by shooting him during the course of an armed robbery for marijuana in White Plains, New York.  KIDD’s co-defendant MARCUS CHAMBERS arranged by phone to purchase the marijuana from Johnson.  CHAMBERS and KIDD met with Johnson to rob him of marijuana, and during the robbery, KIDD shot and kill Johnson.

*                *                *

KIDD, 31, of Yonkers, New York, was convicted of one count of murder through the use of a firearm, which carries a mandatory minimum prison term of five years and a maximum prison term of life.  

The statutory minimum and maximum penalties are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendant will be determined by the judge.

CHAMBERS previously pled guilty for his role in the murder.  CHAMBERS was sentenced to 20 years in prison.

Mr. Williams praised the outstanding investigative work of the Federal Bureau of Investigation’s Westchester County Safe Streets Task Force, which comprises Special Agents and Task Force Officers from the FBI, United States Probation Office, New York State Police, New York State Department of Corrections and Community Supervision, Westchester County Department of Public Safety, Westchester County District Attorney’s Office, Putnam County Sheriff’s Office, Rockland County District Attorney’s Office, New York City Police Department, Yonkers Police Department, Mount Vernon Police Department, Peekskill Police Department, Greenburgh Police Department, New Rochelle Police Department, White Plains Police Department, Clarkstown Police Department, and Ramapo Police Department.  Mr. Williams also thanked the White Plains Police Department and the Westchester County District Attorney’s Office for their assistance in this matter.

This case is being handled by the Office’s White Plains Division.  Assistant U.S. Attorneys Olga I. Zverovich, Christopher Brumwell, Steven J. Kochevar, and Hagan Scotten and Paralegal Specialist Shannon Becker are in charge of the prosecution.