Month: November 2022

Source: United States Department of Justice News

Gregory J. Haanstad, United States Attorney for the Eastern District of Wisconsin, announced that the following three individuals received prison sentences related to an overdose death in Green Bay and a vehicle arson on the Menominee Indian Reservation:

• Timothy M. Snider, Jr. (Age: 29), of Green Bay, Wisconsin;
• Emerson K. Reed (Age: 36), formerly of Green Bay, Wisconsin; and
• Kayla M. Childs (Age: 34), formerly of Shawano, Wisconsin.

The sentences, imposed by Senior United States District Judge William C. Griesbach, were the result of guilty pleas entered by the defendants to charges in an indictment returned in June 2021 and can be summarized as follows:

Defendant	Charges of Conviction	Months of Confinement	Months of Supervised Release
Timothy M. Snider, Jr.	Distribution of Heroin Use of a Communication Facility to Facilitate a Felony Drug Offense Conspiracy to Obstruct Justice	Total of 150 months	120 months
Emerson K. Reed	Arson in Connection with a Federal Felony	120 months	60 months
Kayla M. Childs	Conspiracy to Obstruct Justice	30 months	36 months

According to publicly filed court documents, the investigation began in August 2020 with the discovery of a burned-out vehicle in a remote area of the Menominee Indian Reservation. The vehicle contained the remains of a missing woman from Green Bay. Investigators were able to determine the vehicle and woman were in Green Bay on August 3, 2020. Dozens of interviews and corroborating information collected through court orders showed that the woman used social media to communicate with and subsequently purchase heroin from Snider at his home on the afternoon of August 3, 2020. The woman then overdosed, at which point Snider, Reed, and others conspired to conceal her death.

Reed contacted another man, and on August 4, 2020, Snider and Reed transported the woman’s remains and vehicle to the Menominee Indian Reservation. Reed later met with Childs and the other man, and the three moved the vehicle and remains to a remote area of the reservation off County Highway M near State Highway 55. Reed and the other man doused the vehicle interior and exterior with gasoline and other liquids and set it afire. The fire nearly destroyed the remains and vehicle.

The other man was indicted but committed suicide shortly after his first court appearance.

In sentencing the defendants, Senior Judge Griesbach noted the seriousness of the crimes, observing that the sentencing guidelines set for the offenses did not address situations and actions like those of the defendants. Judge Griesbach also remarked upon the pain and emotional damage done to the woman’s family and many others through the defendants’ egregious acts. Finally, Judge Griesbach observed the need to deter those who might consider similar actions.

The Menominee Tribal Police Department and Federal Bureau of Investigation investigated the case, with support from the Brown County Drug Task Force, Wisconsin State Fire Marshal, Wisconsin Department of Justice – Division of Criminal Investigation, Wisconsin Statewide Intelligence Center, and Wisconsin State Crime Laboratory. Assistant United States Attorney Andrew J. Maier prosecuted the case in United States District Court.

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For Additional Information Contact:

Public Information Officer Kenneth.Gales@usdoj.gov

414-297-1700

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Source: United States Department of Justice News

Jackson, Miss. – A Meridian, Mississippi man was sentenced to one year and eight months in prison for possession of an unregistered short-barreled shotgun, announced U.S. Attorney Darren J. LaMarca and Special Agent in Charge Kurt Thielhorn of the Bureau of Alcohol, Tobacco, Firearms and Explosives.

According to court documents, Edward Tyrone Walker, 43, possessed a shotgun which had a barrel of less than 18 inches in length that was not registered to him in the National Firearms Registration and Transfer Record.  Officers of the Meridian Police Department were conducting an unrelated investigation at a convenience store and discovered evidence showing that Walker had possession of a short-barreled shotgun.  Walker was interviewed and admitted to possessing the shotgun.  Further investigation by the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) revealed evidence that the short-barreled shotgun was not registered to Walker.  Federal law requires such weapons to be registered in the National Firearms Registration and Transfer Record.

The Meridian Police Department and the ATF investigated the case.

Assistant U.S. Attorney Charles W. Kirkham prosecuted the case.

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.

Source: United States Department of Justice News

Jackson, Miss. – A Gloster, Mississippi man was sentenced by Senior U.S. District Judge David Bramlette, III, to 70 months in federal prison for possession with intent to distribute cocaine, announced U.S. Attorney Darren LaMarca and Special Agent in Charge Jermicha Fomby of the Federal Bureau of Investigation.   

According to court documents, Lloyd Palmer, III a/k/a Lo Lo, 48, was under investigation for cocaine distribution when, from August of 2019 through September of 2020, he sold cocaine on several occasions to a confidential source.  During this period, Palmer distributed close to a quarter of kilogram of cocaine in the Wilkinson County area.

The case is the result of an extensive investigation, dubbed “Low Haul,” which began as an operation targeting illegal drug trafficking in the Jackson, Mississippi area. “Low Haul” is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) investigation. 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.

The case was investigated by the Federal Bureau of Investigation and Mississippi Bureau of Narcotics – McComb District. 

The case was prosecuted by Assistant United States Attorney Keesha Middleton.

Source: United States Department of Justice News

Agreements Reflect Importance of Solar Farm Owners’ Compliance Responsibilities During Construction

Source: United States Department of Justice News

The Florida Birth-Related Neurological Injury Compensation Plan and its administrator, the Florida Birth-Related Neurological Injury Compensation Association (collectively, “NICA”), have agreed to pay $51 million to resolve allegations that they violated the False Claims Act by causing NICA participants to submit their healthcare claims to Medicaid rather than NICA, in violation of Medicaid’s status as the payer of last resort under federal law.

The civil settlement resolves a lawsuit filed and pursued by Veronica N. Arven and the estate of Theodore Arven III against NICA under the qui tam or whistleblower provisions of the False Claims Act, which permit a private party (known as a relator) to file a lawsuit on behalf of the United States and receive a portion of any recovery. Although the United States did not intervene in this case, it continued to investigate the whistleblowers’ allegations, provided substantial assistance to the whistleblowers in defending against a motion to dismiss, and negotiated the settlement announced today. The Arvens will receive $12,750,000 as their share of the recovery in this case.

“Health care plans may not shift the payment of claims to federally funded programs like Medicaid,” said Principal Deputy Assistant Attorney General Brian M. Boynton, head of the Justice Department’s Civil Division. “Today’s settlement demonstrates our continuing commitment to ensuring that federal health care dollars are spent appropriately.” 

“The Medicaid program provides a safety net for our most vulnerable populations that do not have access to traditional healthcare coverage,” said U.S. Attorney Juan Antonio Gonzalez for the Southern District of Florida. “My office is dedicated to protecting critical government healthcare programs, like Medicaid, that serve the elderly and disabled. The misuse of Medicaid funds will not be tolerated.”

“When Medicaid is improperly billed for services that should be covered by other funding sources, the integrity of this safety net program is undermined,” said Special Agent in Charge Omar Pérez Aybar of the Department of Health and Human Services, Office of Inspector General (HHS-OIG). “HHS-OIG will continue to investigate such schemes to protect federal health care programs and those served by them.”

The Florida Legislature established NICA in 1988 as an alternative to the traditional tort system. NICA was intended to provide compensation, on a no-fault basis, for the medical, rehabilitative and custodial care of children who suffered certain categories of birth-related neurological injuries. Under Florida law, once a child is admitted into NICA’s program, NICA is responsible for the payment of medical and other expenses incurred because of a birth-related neurological injury. Medicaid is a joint federal-state healthcare program that provides coverage and benefits to low-income and disabled individuals. Under federal law, Medicaid is generally the payer of last resort.

The qui tam case is captioned United States ex rel. Arven v. The Florida Birth-Related Neurological Injury Compensation Ass’n, et al., Case No. 19-cv-61053-WPD (S.D. Fla.). This case was handled by the U.S. Attorney’s Office for the Southern District of Florida, with assistance from the Civil Division’s Commercial Litigation Branch and the U.S. Department of Health and Human Services Office of Inspector General.

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 investigated by Assistant U.S. Attorney Rosaline Chan for the Southern District of Florida and Fraud Section Attorney Seth Greene.

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