Armed South Florida Fentanyl Dealer Arrested on Federal Charges

Source: United States Department of Justice News

MIAMI –James Nevin Moorman, 62, of Coral Springs, Fla., has been charged with possession with intent to distribute a controlled substance, distributing a controlled substance, and possession of a firearm in furtherance of a drug trafficking crime. He faces a minimum sentence of 15 years in prison and a maximum one of life in prison.   

According to the indictment, in August 2022 law enforcement conducted two controlled buys with Moorman where he sold approximately 100 grams of fentanyl to a confidential source.

The following month the confidential source and an undercover officer successfully purchased 266 grams of fentanyl from Moorman on a single occasion, said the indictment. In January 2023 law enforcement executed a search warrant on Moorman’s storage unit and seized over one kilogram of fentanyl, more than 500 grams of cocaine, an assortment of pills, and two AR-style rifles—one of which was a machine gun.  

U.S. Attorney for the Southern Disrtict of Florida Markenzy Lapointe and Special Agent in Charge Christopher A. Robinson, Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), Miami Field Division, made the announcement.

ATF, Miami Field Division, is investigating the case with assistance from Broward Sheriff’s Office. Assistant U.S. Attorney M. Catherine Koontz is prosecuting it.  

An indictment is only an accusation and a defendant is presumed innocent unless and until proven guilty.

You may find related court documents and information on the website of the District Court for the Southern District of Florida at www.flsd.uscourts.gov or on http://pacer.flsd.uscourts.gov under case number 23-MJ-06017.

Vitaly Borker Pleads Guilty To Defrauding Customers Of His Eyewear Websites For The Third Time

Source: United States Department of Justice News

Damian Williams, the United States Attorney for the Southern District of New York, announced that VITALY BORKER, the operator of “EyeglassesDepot.com” and other online retailers of purported designer eyewear, pled guilty today to one count of wire fraud in connection with a scheme to defraud customers of his websites.  BORKER pled guilty before United States District Judge Jed S. Rakoff.

U.S. Attorney Damian Williams said: “Once again, Vitaly Borker has pled guilty to crimes relating to his fraudulent operation of eyewear websites.  Borker’s plea today demonstrates this Office’s intolerance for recidivism, and we can only hope that the third time is the charm and that Borker finally learns his lesson.”

According to the previously filed Complaint and Indictment in this case and statements made in court:

Beginning in at least June 2020, after being released from federal custody and entering a Residential Reentry Center, VITALY BORKER operated an eyewear sales and repair services website called EyeglassesDepot.com.  EyeglassesDepot.com claimed, among other things, that it sold “brand new and 100% authentic designer eyeglasses and sunglasses” and that it had “thousands of pairs of glasses in stock…ready for shipping as early as TODAY.”  In truth, however, the eyewear sold to customers of EyeglassesDepot.com was often used or counterfeit.  Rather than carrying a large inventory of “brand new and 100% authentic eyewear,” EyeglassesDepot.com filled its customers’ orders by purchasing comparable items on a third-party online marketplace (the “Marketplace”).  The eyewear purchased by EyeglassesDepot.com from the Marketplace was often used or counterfeit, but EyeglassesDepot.com passed off the glasses as new and authentic.  In addition, while EyeglassesDepot.com claimed to be a “leader in the repair of sunglasses and eyeglasses” and able to “fit any eyeglasses or sunglasses with your custom prescriptions,” customers who sent eyewear to EyeglassesDepot.com either did not have their eyewear repaired at all or otherwise received unsatisfactory work.

In order to conceal his role in operating EyeglassesDepot.com, BORKER – who has twice previously been convicted in this District of crimes relating to his operation of eyewear websites – used the identities of other individuals in connection with the operation of EyeglassesDepot.com.

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BORKER, 46, of Brooklyn, New York, pled guilty to one count of wire fraud, which carries a maximum sentence of 20 years in prison.

The maximum potential sentence in this case is prescribed by Congress and is provided here for informational purposes only, as any sentencing of the defendant will be determined by the judge.  BORKER is scheduled to be sentenced at 10:00 a.m. on April 21, 2023, by U.S. District Judge Jed S. Rakoff.

Mr. Williams praised the outstanding investigative work of the U.S. Postal Inspection Service.

This case is being handled by the Office’s General Crimes Unit.  Assistant U.S. Attorneys Matthew Weinberg, William Kinder, Jeffrey Coyle, and Sarah Mortazavi are in charge of the prosecution.

Genesee & Wyoming Railroad Services Inc. to Address Clean Air Act Violations in Settlement with United States

Source: United States Department of Justice News

The Company Estimates it will Spend $42 Million to Correct Violations and Offset Associated Environmental Harm

Today, the U.S. Environmental Protection Agency (EPA) and the Department of Justice announced a settlement with Genesee & Wyoming Railroad Services Inc. and numerous affiliated companies (collectively, GWRSI) for violation of Clean Air Act (CAA) locomotive regulations. The complaint, also filed today, alleges that GWRSI’s locomotives with rebuilt engines failed to meet applicable EPA emission standards, and that GWRSI did not perform required emissions-related maintenance or keep records of maintenance performed.

The locomotives at issue in this settlement burn diesel fuel which produces significant emissions of nitrogen oxides (NOx) and fine particulate matter. NOx is a contributor to the formation of summer ozone, and particulate matter smaller than 2.5 microns has been shown to cause lung damage and cancer. GWRSI estimates that the company will spend approximately $42 million to comply with consent decree requirements which will reduce NOx emissions from its locomotives by approximately 469 tons per year and particulate matter emissions by 14 tons per year.  

“By requiring locomotives to follow emissions standards, and requiring dozens of older, higher-polluting locomotives to be scrapped altogether, this consent decree reduces health threats from air pollution nationwide, particularly in those communities that live along railroad corridors,” said Assistant Attorney General Todd Kim of the Environment and Natural Resources Division.

“Today’s settlement requires GWRSI to bring its fleet of locomotives into compliance with Clean Air Act pollution control requirements,” said Acting Assistant Administrator Larry Starfield of the EPA’s Office of Enforcement and Compliance Assurance. “The settlement is expected to reduce tons of nitrogen oxide and particulate matter pollution and improve air quality where their trains operate.”

Due to cost and other considerations, locomotives and their engines are typically rebuilt (or remanufactured) multiple times during their operational lives. EPA regulations require that rebuilt locomotive engines use the latest technology (for that model year locomotive) to reduce emissions.  The consent decree requires GWRSI to comply with this requirement for rebuilt engines and take steps to ensure that it does not purchase or sell locomotives that have been rebuilt without conforming to applicable emissions standards. It also requires that GWRSI timely perform critical emissions-related maintenance. To mitigate excess pollutants associated with the alleged violations, the settlement requires GWRSI to remove from service and permanently destroy 88 older locomotive that are not required to meet any EPA emission standards. GWRSI has further agreed that it will replace any locomotive it has scrapped only with locomotives subject to, and meeting, EPA emission standards. The consent decree also requires GWRSI to pay a $1.35 million civil penalty. 

The consent decree, lodged in the U.S. District Court for the District of Delaware, is subject to a 30-day public comment period and final court approval. The consent decree will be available for viewing at www.justice.gov/enrd/consent-decrees.

Medical Director of Baltimore County Pain Management Clinic Sentenced for Conspiracy to Distribute and Dispense Oxycodone

Source: United States Department of Justice News

Baltimore, Maryland – U.S. District Judge George L. Russell, III today sentenced Norman Rosen, age 84, of Towson, Maryland, to four months of home detention as part of 18 months of probation, followed by three years of supervised release, for conspiracy to distribute and dispense oxycodone in connection with his operation of Rosen-Hoffberg Rehabilitation and Pain Management Associates, P.A., where he was Medical Director and part owner.    

The sentence was announced by United States Attorney for the District of Maryland Erek L. Barron; Special Agent in Charge Thomas J. Sobocinski of the Federal Bureau of Investigation, Baltimore Field Office; Special Agent in Charge Jarod Forget of the Drug Enforcement Administration, Washington Division; Special Agent in Charge Maureen Dixon, Office of Investigations, Office of Inspector General of the Department of Health and Human Services (HHS-OIG); and Acting Chief Dennis J. Delp of the Baltimore County Police Department.

According to his guilty plea, Norman Rosen, is a doctor and was licensed to practice medicine in the State of Maryland.  He served as the Medical Director and part-owner of Rosen-Hoffberg Rehabilitation and Pain Management (the “Practice”).  Rosen primarily worked at the Practice’s Towson, Maryland locations.  Rosen’s partner in the business and the Practice’s Associate Medical Director was Howard Hoffberg. 

According to Rosen’s guilty plea, patients at the Practice were often prescribed high doses of oxycodone, and other opioid medications.  Some patients were issued prescriptions for opioids after routinely providing aberrant urine toxicology screens, including positive results for cocaine and heroin; positive results for controlled substances that were not prescribed by the Practice; and/or negative results for the controlled substances prescribed by the Practice.  Rosen knew that the Practice received complaints about the behavior of patients, including reports of suspected drug transactions in the parking lots near the Practice.  At times, patients were observed “nodding out” in the waiting area of the Practice.  Some patients tried to bring in urine that was not theirs in order to pass urine toxicology screens.  Some patients of the Practice overdosed and some of these patients required hospitalization and some died.  Several major pharmacies refused to fill any prescriptions issued by the Practice because of the high doses being prescribed.  Both Rosen and Hoffberg were aware of the conditions at the Practice and yet continued to prescribe medications to these patients.

As detailed in his plea agreement, as the Medical Director, Dr. Rosen established the rules for the Practice.  One of his rules was that the customer, i.e. the patient, is always right.  Sometimes, when other providers at the Practice discharged certain patients, Rosen continued to treat the patients at the Towson location.  At times, if a patient failed a urine toxicology screen because of illicit substances in their system such as heroin or cocaine, Rosen declined to discharge the patient and instead required the patient to return to the Practice more frequently for follow-up, sometimes as much as three times a week.

Rosen admitted that he issued prescriptions to some patients outside the bounds of the usual medical practice and not for a legitimate medical purpose.  For example, Rosen prescribed large doses of oxycodone and clonazepam to a patient who had eight toxicology screens that were positive for cocaine and whose children had been taken from her because of her drug problems.  Similarly, Rosen ignored the red flags and prescribed oxycodone and methadone to a patient who admitted to illicit drug use; had previously been criminally charged for prescription fraud and drug trafficking; had overdosed; had urine toxicology screens that were positive for heroin, cocaine, and marijuana; and had been accused of selling her pills.

In related cases, Rosen’s partner, Howard Hoffberg, age 66, of Reisterstown, Maryland, previously pleaded guilty to conspiracy to violate the anti-kickback statutes, in connection with a scheme to accept payments from a pharmaceutical company in exchange for prescribing a fentanyl-based drug.  He was sentenced to eight months in federal prison.  Also, a physician’s assistant at the Practice, William Soyke, age 69, of Hanover, Pennsylvania, previously pleaded guilty to conspiracy to distribute and dispense oxycodone, fentanyl, methadone, and alprazolam and was sentenced to 37 months in federal prison.

United States Attorney Erek L. Barron commended the FBI, the DEA, HHS-OIG and the Baltimore County Police Department for their work in the investigation.  Mr. Barron thanked Assistant U.S. Attorney Jason D. Medinger, who prosecuted the case.

For more information on the Maryland U.S. Attorney’s Office, its priorities, and resources available to help the community, please visit www.justice.gov/usao-md and https://www.justice.gov/usao-md/community-outreach and click on the “Save A Life” link.

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Statement Of U.S. Attorney Damian Williams On The Conviction Of Robert Hadden

Source: United States Department of Justice News

“Robert Hadden was a predator in a white coat.  For years, he cruelly lured women who sought professional medical care to his offices in order to gratify himself.   Hadden’s victims trusted him as a physician, only to instead become victims of his heinous predilection.   We thank and commend the brave women who came forward to tell their stories, many of whom testified at trial, to end his years-long cycle of abuse.”