Month: February 2023

Source: United States Department of Justice News

PENSACOLA, FLORIDA – Timothy Ramsden, of Panama City, Florida, practicing at The Anti-Aging Clinic of Northwest Florida, settled potential violations of the Controlled Substances Act by agreeing to pay a fine of $190,731 and surrendering his Drug Enforcement Administration (DEA) registration for Schedule II and IIN controlled substances for a period of five (5) years, along with compliance monitoring for a period of five (5) years.  The settlement was announced by Jason R. Coody, United States Attorney for the Northern District of Florida.

“In reaching this settlement, we emphasize the necessity of adhering to and enforcing the Controlled Substances Act,” said U.S. Attorney Coody. “It is our duty to ensure the mandates of the Controlled Substances Act are upheld and that its limits are not abused by physicians.  Our office will continue to ensure compliance with the Controlled Substances Act and all federal laws regulating physicians.”

Dr. Ramsden entered into a civil settlement agreement with the United States Attorney’s Office for the Northern District of Florida. As part of the resolution, Dr. Ramsden will surrender his DEA registration for Schedule II and IIN controlled substances, not reapply for a period of at least five years, and pay a civil fine of $190,731. The investigation uncovered numerous potential civil violations of the Controlled Substances Act, including:

1. Failing to keep complete and accurate records;
2. Failing to properly document the biennial inventory;
3. Failing to record the number of units or volume of each finished form in each commercial container on the biennial inventory;
4. Failing to indicate the date received on two (2) invoices;
5. Failing to properly indicate the dispositions within the patient file;
6. Failing to document patient file where prescription for Testosterone Enanthate (5ML) Injectable was issued;
7. Issuing prescription for Oxandrolone to patient which was returned to Dr. Ramsden for his personal use.

In addition to the monetary penalties and surrender of his DEA Schedule II and IIN registration, Dr. Ramsden agreed to compliance terms for the next five (5) years, including record-keeping monitoring and uninterrupted visits from the DEA. 

“An important part of DEA’s mission is to ensure all DEA registrants follow the federal laws set forth in the Controlled Substance Act, to include accurate inventorying, tracking, and recordkeeping to prevent the diversion of controlled substances. When medical professionals fail to comply with these laws, it puts our communities at risk,” said DEA Miami Field Division Special Agent in Charge Deanne L. Reuter. “DEA remains committed to working with our law enforcement and regulatory partners to hold registrants accountable and ensure our communities remain safe and healthy.”

This civil settlement agreement is not an admission of any liability by Dr. Ramsden, nor a concession by the United States that its potential claims were not well-founded. 

Assistant United States Attorneys Mary Ann Couch, Kathryn Drey, and Marie Moyle represented the United States in this matter, which was investigated by the Drug Enforcement Administration, Diversion Control Program. 

The U.S. 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 U.S. Attorney’s Office, Northern District of Florida, visit http://www.justice.gov/usao/fln/index.html.

Source: United States Department of Justice News

Earlier today, Damian Williams, United States Attorney for the Southern District of New York and Chair of the Attorney General’s Advisory Committee (AGAC), and Breon Peace, United States Attorney for the Eastern District of New York and the Chair of the White Collar Fraud Subcommittee of the AGAC, announced the implementation of the new United States Attorney’s Offices’ Voluntary Self-Disclosure Policy.  The policy, which is effective immediately, details the circumstances under which a company will be considered to have made a voluntary self-disclosure (VSD) of misconduct to a United States Attorney’s Office (USAO).  The policy provides transparency and predictability to companies and the defense bar concerning the concrete benefits and potential outcomes in cases where companies voluntarily self-disclose misconduct, fully cooperate, and timely and appropriately remediate.  The goal of the policy is to standardize how VSDs are defined and credited by USAOs nationwide, and to incentivize companies to maintain effective compliance programs capable of identifying misconduct, expeditiously and voluntarily disclose and remediate misconduct, and cooperate fully with the government in corporate criminal investigations.  The policy was developed pursuant to the Deputy Attorney General’s September 15, 2022, memorandum, “Further Revisions to Corporate Criminal Enforcement Policies Following Discussions with Corporate Crime Advisory Group” (Monaco Memo), which directed each Department of Justice (DOJ) component to develop and publish a VSD policy.

U.S. Attorney Damian Williams said: “The new Voluntary Self-Disclosure Policy is an important step forward in encouraging corporate accountability.  This transparent and clearly delineated policy allows for more predictable outcomes and seeks to incentivize corporations to do the right thing by reporting wrongdoing before detected by regulators and law enforcement.  We hope that this new policy has a long-lasting, nationwide effect in promoting honest corporate culture and leads to more companies getting ahead of financial malfeasance before authorities come to them.”

E.D.N.Y. U.S. Attorney Breon Peace said: “The new Voluntary Self-Disclosure Policy sets a nationwide standard for how U.S. Attorney’s Offices will determine whether a company has made a voluntary self-disclosure, and makes transparent the specific, tangible benefits to a company for making a voluntary self-disclosure fully cooperating, and remediating the criminal conduct.  As a result, no matter where in the country a company operates, it can rely on receiving the same treatment and benefits for voluntarily self-disclosing criminal conduct to a U.S. Attorney’s Office.  We hope and expect that companies, as good corporate citizens, will take advantage of this new policy to report criminal misconduct by employees and agents when they become aware of it, so that individual wrongdoers can be held accountable.  When they do, they will have far better and more predicable outcomes under this policy.” 

The Monaco Memo instructed that each DOJ component that prosecutes corporate crime review its policies on corporate voluntary self-disclosure and, if there was no formal written policy to incentivize self-disclosure, draft and publicly share such a policy.  In response, the AGAC, under the leadership of U.S. Attorney Williams, requested that the White Collar Fraud Subcommittee, under the leadership of U.S. Attorney Peace, develop such a policy.  The policy announced today was prepared by a Corporate Criminal Enforcement Policy Working Group comprised of U.S. Attorneys from geographically diverse districts, including U.S. Attorney Peace, as well as U.S. Attorney for the Eastern District of Virginia Jessica Aber, U.S. Attorney for the District of Connecticut Vanessa Avery, U.S. Attorney for the District of Hawaii Clare Connors, U.S. Attorney for the Eastern District of North Carolina Michael F. Easley, Jr., U.S. Attorney for the Northern District of California Stephanie Hinds, U.S. Attorney for the Western District of Virginia Christopher Kavanaugh, and U.S. Attorney for the District of New Jersey Philip Sellinger.  Assistant U.S. Attorney Amanda Riedel, White Collar Crimes Coordinator for the Executive Office for U.S. Attorneys, also participated in the development of the policy. 

Under the new VSD policy, a company is considered to have made a VSD if it becomes aware of misconduct by employees or agents before that misconduct is publicly reported or otherwise known to the DOJ, and discloses all relevant facts known to the company about the misconduct to a USAO in a timely fashion prior to an imminent threat of disclosure or government investigation.  A company that voluntarily self-discloses as defined in the policy  and fully meets the other requirements of the policy, by — in the absence of any aggravating factor — fully cooperating and timely and appropriately remediating the criminal conduct (including agreeing to pay all disgorgement, forfeiture, and restitution resulting from the misconduct), will receive significant benefits, including that the USAO will not seek a guilty plea; may choose not to impose any criminal penalty, and in any event will not impose a criminal penalty that is greater than 50% below the low end of the United States Sentencing Guidelines (USSG) fine range; and will not seek the imposition of an independent compliance monitor if the company demonstrates that it has implemented and tested an effective compliance program.

The policy identifies three aggravating factors that may warrant a USAO seeking a guilty plea even if the other requirements of the VSD policy are met: (1) if the misconduct poses a grave threat to national security, public health, or the environment; (2) if the misconduct is deeply pervasive throughout the company; or (3) if the misconduct involved current executive management of the company.  The presence of an aggravating factor does not necessarily mean that a guilty plea will be required; instead, the USAO will assess the relevant facts and circumstances to determine the appropriate resolution.  If a guilty plea is ultimately required, the company will still receive the other benefits under the VSD policy, including that the USAO will recommend a criminal penalty of at least a 50% and up to a 75% reduction off the low end of the USSG fine range, and that the USAO will not require the appointment of a monitor if the company has implemented and tested an effective compliance program.

In cases where a company is being jointly prosecuted by a USAO and another DOJ component, or where the misconduct reported by the company falls within the scope of conduct covered by VSD policies administered by other DOJ components, the USAO will coordinate with, or, if necessary, obtain approval from, the DOJ component responsible for the VSD policy specific to the reported misconduct when considering a potential resolution.  Consistent with relevant provisions of the Justice Manual and as allowable under alternate VSD policies, the USAO may choose to apply any provision of an alternate VSD policy in addition to, or in place of, any provision of its policy.

Source: United States Department of Justice News

EL PASO, Texas – A Seminole man was arrested Thursday in El Paso on criminal charges related to his alleged bribery of a Homeland Security Investigations (HSI) agent.

According to the criminal complaint, Pedro Thiessen, 70, failed to declare more than $10,000 when entering the United States at the Ysleta Port of Entry in October 2022.  Thiessen filed a petition to recover the funds and was interviewed by an HSI agent in January 2023 regarding the petition.  An affidavit attached to the complaint alleges that Thiessen offered to pay the agent an unknown amount of money if the agent assisted with the recovery.  The agent reported the offer to the Immigration and Customs Enforcement (ICE) Office of Professional Responsibility (OPR).

The affidavit alleges that Thiessen again proposed a monetary offer to the agent during a phone call on Feb. 6.  On Feb. 15, the agent arranged a meeting with Thiessen for the following day.  According to the court documents, Thiessen presented the agent with $1,000 at that meeting and was immediately arrested.

Thiessen is charged with bribery of public officials. If convicted, he faces a maximum penalty of 15 years in prison. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

U.S. Attorney Jaime Esparza of the Western District of Texas and Special Agent in Charge Francisco B. Burrola of the HSI El Paso Division made the announcement.

HSI and ICE OPR are investigating the case.

Assistant U.S. Attorney Michael Osterberg is prosecuting the case.

A criminal complaint is merely an allegation and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.

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Source: United States Department of Justice News

A federal jury today convicted Keith Wyche, also known as “Marco,” of distributing fentanyl which resulted in the fatal overdose of a 43-year-old Staten-Island resident on April 18, 2017.  Wyche and co-defendant Oneil Allen were also convicted of distributing heroin to a 28-year old woman on October 27, 2017, leading to her suffering serious bodily injury.  In addition, the two men were convicted of conspiring to distribute and possess with intent to distribute heroin and fentanyl, and distributing those narcotics.  The verdict followed a three-week trial in federal court in Brooklyn before United States District Judge Dora L. Irizarry.  When sentenced, both defendants face a mandatory minimum sentence of 20 years’ imprisonment.

Breon Peace, United States Attorney for the Eastern District of New York, James E. Dennehy, Special Agent-in-Charge, Federal Bureau of Investigation, Newark Field Office (FBI), and Keechant L. Sewell, Commissioner, New York City Police Department (NYPD), announced the verdict. 

“With today’s verdict, two drug dealers who sold lethal drugs without any regard for the lives they were endangering, have received a powerful response from the jury holding them responsible for their crimes,” stated United States Attorney Peace.  “The opioid epidemic has had a devastating effect on our district, with Staten Island bearing a terrible toll, and this Office will continue working tirelessly to reduce the number of victims and the availability of dangerous drugs.”

“Dealers and pushers are hooking users with a dangerously addictive mix of drugs that shouldn’t ever be used outside of a medical environment.  Mr. Wyche and Mr. Allen would text customers first thing in the morning to keep their clientele coming back.  Their goal was to make more money, disregarding one man’s life and the lives of others to whom they sold.  The FBI Newark Transnational Organized Crime Task Force has a message for criminals at the root of this growing epidemic plaguing our communities – there is a federal prison cell waiting for you as well,” stated FBI Special Agent-in-Charge Dennehy.

“Abuse of heroin and the deadly additive fentanyl has cut a wide swath across New York City and our nation, affecting people in all neighborhoods, from all walks of life,” stated NYPD Commissioner Sewell.  “To combat this scourge, we seek to shut down the supply of illegal drugs and, ultimately, to save lives.  That is why NYPD detectives probe every overdose to determine how the narcotics were obtained, and it was those efforts that led to today’s verdict.  I commend the investigators in this case, and the strong collaboration of the NYPD and our law enforcement partners, all of whom are helping to stem the opioid crisis.”

As proven at trial, Wyche and Allen ran a narcotics delivery service, distributing heroin and fentanyl, among other drugs, in Staten Island.  The defendants used a stash house in New Jersey to package and prepare narcotics, and traveled daily into Staten Island to sell their illicit product.  On the days they distributed narcotics, they would alert customers early in the morning with text messages reading “Good Morning” or “Rise and Shine,” and then coordinate meetups with customers.

On April 18, 2017, the father of a 43-year old Staten Island man (“John Doe”) found his son dead in a bathroom of a residence in Staten Island.  A hypodermic needle, tourniquet, and glassines containing fentanyl were on and around the body.  By reviewing the deceased victim’s phone, NYPD detectives found a series of text messages from a number labeled “Marco 5.”  These messages began with a text from the contact “Marco 5” that started with “Rise and Shine,” and showed that the user of this phone had sold narcotics to John Doe in the hours before his overdose.   

On October 27, 2017, NYPD Officers responded to a 911 call for a 28-year old woman (“Jane Doe”) who was reported as unconscious inside a vehicle in Staten Island.  After first responders administered several doses of Narcan to Jane Doe, she regained consciousness and was transported to a hospital.  A review of messages on Jane Doe’s phone showed similar messages to those found on John Doe’s phone, including a message reading “Rise and Shine” on the day of Jane Doe’s overdose.  Jane Doe testified at trial that she purchased narcotics from the defendants and later helped law enforcement gather evidence against them.

The government’s case is being prosecuted by Assistant United States Attorneys Gilbert M. Rein, Irisa Chen, and James P. McDonald, with assistance from Paralegal Specialists Teri Carby and Eileen Rosado.

The Defendants:

KEITH WYCHE (also known as “Marco”)
Age: 38
Staten Island, New York

ONEIL ALLEN (also known as “James”)
Age: 31
Staten Island, New York

E.D.N.Y. Docket No. 18-CR-561 (S-1) (DLI)