Month: March 2023

Source: United States Department of Justice

The Department of Justice, together with the Federal Trade Commission (FTC), today announced that the government will collect $100,000 in civil penalties from Defendants Dalal Akoury MD, PLLC, AWAREmed Wholistic Urgent Care, PLLC, and medical provider Dalal Akoury as part of a settlement to resolve alleged violations of the Opioid Addiction Recovery Fraud Prevention Act of 2018 and the FTC Act in connection with the advertising of treatment services of AWAREmed Health and Wellness Resource Center (AWAREmed).

In a complaint filed in the U.S. District Court for the Eastern District of Tennessee, the government alleged that, beginning since at least 2018 and continuing until at least June 16, 2022, the defendants made misleading and unsubstantiated advertising claims about the effectiveness of AWAREmed’s treatments for various illnesses, including substance use disorder, cancer, Parkinson’s Disease, and Alzheimer’s Disease. Among other things, the defendants allegedly claimed that virtually every patient at any stage of illness improved after visiting AWAREmed’s clinic, including through the remission of illnesses considered by most to be incurable. The complaint alleged these advertising claims were misleading and unlawful because they were not supported by competent and reliable scientific evidence.

“The Justice Department is committed to halting deceptive health marketing claims directed at consumers,” said Principal Deputy Assistant Attorney General Brian M. Boynton, head of the Department of Justice’s Civil Division. “Misleading advertisements touting unproven medical treatments prevent consumers from making informed decisions about their health and wellness.”

“The opioid crisis claims lives and destroys communities all across the United States but especially in rural areas,” said Director Samuel Levine of the FTC’s Bureau of Consumer Protection. “Doctors peddling phony promises should know that the FTC will use its strengthened authority from Congress to stop them from exploiting Americans struggling with addiction.”

In addition to civil penalties, the stipulated order entered by the court today prohibits the defendants from making similar advertising claims in the future. It also requires the defendants to notify affected consumers and to submit compliance reports to the FTC for over a decade.

This matter is being handled by Trial Attorneys Zachary L. Cowan and Amy P. Kaplan from the Civil Division’s Consumer Protection Branch, as well as Assistant U.S. Attorneys Ben D. Cunningham and Alexa Ortiz Hadley for the Eastern District of Tennessee. James Prunty, Shira Modell, and Elizabeth Sanger represent the FTC.

For more information about the Consumer Protection Branch and its enforcement efforts, visit its website at https://www.justice.gov/civil/consumer-protection-branch. For more information about the FTC, visit its website at https://www.FTC.gov.

Source: United States Department of Justice News

            WASHINGTON – A Correctional Officer working at the D.C. jail pleaded guilty today to receiving bribes to smuggle drugs into the D.C. jail. Beverly Williams, 52, of Upper Marlboro, Maryland, pleaded guilty in United States District Court to one count of bribery. U.S. District Court Judge Dabney L. Friedrich scheduled a sentencing hearing for June 12, 2023. United States Attorney Matthew M. Graves and FBI Assistant Director in Charge David Sundberg of the Washington Field Office made the announcement.

            According to court documents, as part of her plea, Williams admitted that, between June and September of 2022, while working as a Correctional Officer at D.C. jail, she accepted bribe payments to smuggle packages containing narcotics into D.C. jail. Williams conspired with Keywaune McLeod, 28, of Washington D.C., and an inmate in D.C. jail. In return for the bribe payments, Williams would receive packages of drugs from McLeod and smuggle them into the facility by concealing them on her body. Once inside the D.C. jail, Williams would transfer the drugs to the inmate who would then distribute the drugs for a profit. McLeod, who was accepting and managing the proceeds from such distribution, used CashApp to make bribe payments to Williams for the drug smuggling.

            Previously, in September and October 2022, Williams was charged as part of a three-co-defendant complaint, later followed by an indictment. Specifically, McLeod, Williams, and Andre Gregory, 31, who was incarcerated at the D.C. jail’s CDF while awaiting trial, were charged with conspiracy, bribery, and smuggling. All charges as to Gregory remain pending.

            The bribery charge carries a statutory maximum sentence of 15 years in prison, as well as potential financial penalties. The federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

            The FBI Washington Field Office is investigating the case.  

            This case is being prosecuted by Assistant U.S. Attorneys Gauri Gopal and Ahmed Baset with assistance from Paralegal Specialist Lisa Abbe, of the U.S. Attorney’s Office for the District of Columbia’s Fraud, Public Corruption, and Civil Rights Section.

            A complaint and an indictment are merely allegations, and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.

Source: United States Department of Justice News

MARTINSBURG, WEST VIRGINIA – Two West Virginia residents have been charged with the illegal purchase of firearms that were later used in violent crimes.

Nakita Ann Lake, age 33, and Gerald Anthony Tonsil, 31, both of Martinsburg, were indicted today on multiple federal gun charges, to include a conspiracy to transfer firearms to prohibited persons. According to court documents, the defendants visited firearms dealers in Berkeley County where Tonsil provided Lake with cash to purchase guns. Tonsil is prohibited from purchasing and owning firearms because of a prior felony and thus engaged the help of Lake. The investigation revealed that Tonsil sold some of the firearms, two of which were recovered in shooting incidents in New York.

“Gun traffickers endanger the lives of people in West Virginia and throughout the country,” said United States Attorney William Ihlenfeld. “My office will continue to pursue those who profit from putting guns in the hands of those who use them for violence.”

Lake is charged with a total of four counts and Tonsil faces seven counts. If convicted, each faces up to five years in prison for the conspiracy count and up to 10 years on each remaining count. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

The Bureau of Alcohol, Tobacco, Firearms & Explosives investigated the case.

Assistant U.S. Attorney Lara Omps-Botteicher is prosecuting the case on behalf of the government.

An indictment is merely an allegation, and each defendant is presumed innocent until proven guilty beyond a reasonable doubt in a court of law.

Source: United States Department of Justice News

            CONCORD – John E. Murray, III, 56, of Alton Bay was sentenced today to twenty-five years in federal prison for production of child sexual abuse material and sex trafficking of minors, United States Attorney Jane E. Young announced.

            Murray was a manager at the West Alton Marina on Alton Bay, where he was responsible for hiring and supervising seasonal employees, many of whom were minors.  According to court documents and statements made in court, Murray solicited minor employees of the marina for sexually explicit images and videos of themselves, often in exchange for cash.  Murray directed the victims to send him the videos via Snapchat, and videos of the victims were found on Murray’s cell phone and in his Snapchat account.  Murray also subjected minor employees to unwanted sexual contact and sexual acts, to include fondling and oral sex.  With respect to two minor victims, Murray made cash payments to them in exchange for allowing Murray to perform sexual acts on the victims.  The conduct took place over the course of several years and dates back to at least 2015.  Murray has been in state custody since August 2021 on related charges.

            “But for the bravery of the survivors in coming forward, this outcome would not have been possible,” United States Attorney Young said.  “We hope that today’s sentencing brings some measure of solace to the survivors and their families and serves as a warning to anyone who would target children for sexual abuse and exploitation in New Hampshire.”  Attorney Young went on to say, “To our local, state, and federal law enforcement partners who worked together seamlessly throughout this investigation—thank you for your outstanding work and tireless dedication in the pursuit of justice.”  

            “For years, Murray used his position of power to prey on his young employees, exploiting and subjecting them to unwanted advances. Thanks to the tireless efforts of a collaborative group of law enforcement professionals and the bravery of those who came forward, he faces a long sentence in federal prison,” said Michael Krol, Acting Special Agent in Charge of Homeland Security Investigations in New England.

            This matter was investigated by Homeland Security Investigations and the Alton Police Department, with assistance from the New Hampshire State Police, the New Hampshire Human Trafficking Collaborative Task Force, and the New Hampshire Internet Crimes Against Children Task Force.  The case was prosecuted by Assistant U.S. Attorney Kasey Weiland.

            In February 2006, the Department of Justice introduced Project Safe Childhood, a nationwide initiative designed to protect children from online exploitation and abuse.  Led by the United States Attorney’s Offices, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend, and prosecute individuals who exploit children via the Internet, as well as identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.

 ###

Source: United States Department of Justice News

OKLAHOMA CITY – Yesterday, JALEN WOLFELKINS HARRIS, 29, of Ponca City, Oklahoma, was sentenced to serve 15 years in federal prison for sexual abuse of a minor in Indian country, announced United States Attorney Robert J. Troester.

On January 18, 2022, a federal grand jury returned a one-count Indictment against Harris for sexual abuse.  The Indictment alleged Harris knowingly engaged in a sexual act with a victim who was physically incapable of declining participation in that sexual act.  On February 16, 2022, a Superseding Information charged Harris with one count of sexual abuse of a minor in Indian country.  On March 2, 2022, Harris pleaded guilty to the Superseding Information. 

At a sentencing hearing yesterday, U.S. District Judge Bernard M. Jones sentenced Harris to serve 180 months in federal prison.  In support of his sentence, Judge Jones cited, among other things, the serious nature of the offense and the fact that the victim was under Mr. Harris’s care.  Judge Jones also ordered that upon release from prison, Harris must serve five years of supervised release.  Additionally, upon his release from prison, Harris will be required to register as a sex offender.  Harris has been in federal custody since December 30, 2021.

This case was the result of an investigation by the FBI Oklahoma City Field Office, the Bureau of Indian Affairs, White Eagle Police Department, and the Ponca Tribe.  Assistant U.S. Attorney D.H. Dilbeck prosecuted this case.

Reference is made to court filings for further information.