Month: March 2023

Source: United States Department of Justice News

A former police officer with the New Orleans Police Department (NOPD) was sentenced in federal court to 14 years in prison for sexually assaulting a 15-year-old crime victim in violation of her constitutional rights.

According to the court documents, in May 2020, Rodney Vicknair, 55, while working in his capacity as an NOPD officer, escorted a then-14-year-old girl, who had been sexually assaulted by another man, to the hospital to undergo a forensic exam, also known as a rape kit. Vicknair gave the victim his cell phone number and offered to be her friend and mentor. In the months and weeks thereafter, Vicknair and the victim spoke on the phone and exchanged messages on Snapchat. Vicknair, while in uniform, often stopped by unannounced at the victim’s residence. Over time, Vicknair made comments to the victim that were sexual in nature.

On the night of Sept. 23, 2020, Vicknair arrived at the victim’s house. By that time, she had turned 15 years old. He told her to come outside and get into his vehicle. She got into the passenger’s seat while Vicknair remained in the driver’s seat. Then, he locked the doors so that the victim could not leave. Vicknair leaned over toward the victim, and she feared for her physical safety. He then sexually assaulted the victim when he intentionally touched her genitals under her clothing without her consent. Vicknair admitted in court that he acted without a legitimate law enforcement purpose and that he knew his actions were wrong and against the law but that he engaged in such conduct anyway.

“We are grateful to this young survivor for coming forward, even though she thought no one would believe her,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “Had she not been willing to do so, we would not have been able to hold the defendant accountable for his heinous crime. This case should send a strong message to law enforcement officers who sexually abuse victims, particularly children, that they are not above the law and will be held accountable.”  

“The public must be able to trust that law enforcement will faithfully execute their sworn duties or face the consequences for failing to do so,” said U.S. Attorney Duane A. Evans for the Eastern District of Louisiana. “Our office, along with the Department of Justice, the FBI and state and local law enforcement agencies, will continue to investigate and prosecute any violations of constitutional rights.”

“The FBI is dedicated to doing the work to restore public faith in law enforcement when individuals attempt to use the badge to hide their illegal behavior,” said Special Agent in Charge Douglas A. Williams Jr. of the FBI New Orleans Field Office. “We also thank the U.S. Attorney’s Office for the Eastern District of Louisiana the Department of Justice Civil Rights Division, and the New Orleans Police Department Public Integrity Unit for their efforts in this case.”

Assistant Attorney General Kristen Clarke, U.S. Attorney Duane A. Evans and Special Agent in Charge Douglas A. Williams Jr. made the announcement.

The FBI New Orleans Field Office and the New Orleans Police Department Public Integrity Bureau investigated the case.

Criminal Chief Tracey Knight for the Eastern District of Louisiana and Former Special Litigation Counsel Fara Gold of the Civil Rights Division’s Criminal Section prosecuted the case.

Source: United States Department of Justice News

PENSACOLA, FLORIDA – Dr. George Barrio, a pain management physician who formerly practiced medicine at the NeuroMedical Institute in Panama City, agreed to pay $225,000 to resolve allegations that he unlawfully prescribed opioids and other controlled substances to patients. The settlement was announced by Jason R. Coody, United States Attorney for the Northern District of Florida.

“We are holding physicians accountable for disregarding patient safety and violating federal law when they write prescriptions that lack a legitimate medical purpose,” said U.S. Attorney Coody.  “Their actions not only violate the Controlled Substance Act but contribute to the opioid epidemic ravaging our communities.  With our law enforcement partners, we remain committed to combating this epidemic at all levels.  This settlement and the associated surrender of the physician’s DEA controlled substance registration are evidence of our resolve.”

The government alleged that Dr. Barrio wrote prescriptions that lacked a legitimate purpose and were issued outside the usual course of professional practice, in violation of the Controlled Substances Act.  In addition to payment of the $225,000 monetary fine, Dr. Barrio also agreed to surrender his DEA registration for Schedule II and IIN controlled substances.  

“One of DEA’s most important missions is to ensure physicians comply with the federal laws and regulations set forth in the Controlled Substance Act.  Failing to comply with these laws increases the potential for the diversion of controlled substances, which puts the safety and health of our communities at risk,” said DEA Miami Field Division Special Agent in Charge Deanne L. Reuter.  “The DEA remains committed to working with our local, state, and federal partners to ensure DEA registrants follow these laws and regulations.” 

This civil settlement agreement is not an admission of any liability by Dr. Barrio, 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), Bay County Sherriff’s Department, Federal Bureau of Investigation, and United States Department of Health and Human Services. 

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

SAN JUAN, Puerto Rico – Miguel Ángel Agosto-Pacheco, a.k.a. “Chino,” was sentenced by United States District Court Judge Francisco A. Besosa to 14 years in prison for conspiring to import cocaine into the United States, announced United States Attorney for the District of Puerto Rico, W. Stephen Muldrow. Agosto-Pacheco pleaded guilty on December 6, 2022.

According to admissions made in connection with his plea, between approximately February 2017 and February 2018, Agosto-Pacheco served as the manager of the Puerto Rican branch of an international drug trafficking organization. During that timeframe, the organization coordinated the shipment of hundreds of kilograms of cocaine from Colombia through Venezuela and into Puerto Rico.

As part of his plea agreement, Agosto-Pacheco admitted to conspiring to import millions of dollars’ worth of cocaine into Puerto Rico on two specific occasions. First, in November 2017, Agosto-Pacheco conspired to import approximately 417 kilograms of cocaine. Second, in December 2017, Agosto-Pacheco conspired to import approximately 285 kilograms of cocaine.

In late 2022, Agosto-Pacheco’s five co-defendants all pleaded guilty to conspiring to import cocaine and were sentenced as follows:

1. Jerry Omar Hernández-Peña—120 months
2. Luis A. Vázquez-Rodriguez—120 months
3. Anthony Jael Abreu-Matos—120 months
4. Luis Ángel Ramos-Cordero—120 months
5. Juan Tapia-Soto—96 months

U.S. Attorney W. Stephen Muldrow of the District of Puerto Rico and Special Agent in Charge of the Drug Enforcement Administration (DEA) Denise Foster made the announcement.

The DEA was in charge of the investigation.

Assistant U.S. Attorneys Max Pérez-Bouret and Carlos R. Cardona, as well as former Assistant U.S. Attorney Jonathan E. Jacobson, prosecuted the case.

This prosecution 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.

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Source: United States Department of Justice News

CINCINNATI – Two Cincinnati-area men have pleaded guilty to illegally flying drones over professional sporting events in Cincinnati.

“It is not worth risking federal criminal charges to illegally fly a drone over events like Reds and Bengals games. Even if there is no intent to harm, this conduct poses a direct risk to the players and the individuals in the stands,” said U.S. Attorney Kenneth L. Parker. “As we kickoff FC Cincinnati and Reds seasons this month, and look to summer concert season, we ask the public to refrain from using drones illegally over events.”

“Flying a drone over a stadium full of fans is dangerous and illegal without the proper FAA training, licensing, and approved flight plan,” stated FBI Cincinnati Special Agent in Charge J. William Rivers. “We will continue to work with the FAA and local police to investigate these incidents when proper FAA protocols and procedures are not followed.”

It is illegal to fly drones over stadiums that are designated as a Temporary Flight Restriction zone during sporting events. The two defendants were indicted by a federal grand jury in September 2022 for separate incidents involving Cincinnati Bengals and Cincinnati Reds events.

NFL

The Cincinnati Bengals hosted an NFL playoff game at Paul Brown Stadium on Jan. 15, 2022. During the game, Dailon Dabney, 24, of Cincinnati, illegally flew his drone into the stadium and hovered over the players and portions of the stadium crowd. Dabney recorded his drone flight and posted the video to social media sites and YouTube.

Dabney pleaded guilty today before U.S. District Judge Matthew W. McFarland.

MLB

April 12, 2022, was Opening Day for the Cincinnati Reds’ 2022 season and featured the first game of the season at Great American Ballpark. Travis Lenhoff, 38, of Northern Kentucky, flew a drone into the restricted flight area of Great American Ballpark during the Opening Day festivities.

Lenhoff pleaded guilty today before Senior U.S. District Judge Susan J. Dlott.

Both defendants pleaded guilty to one count of violating a Temporary Flight Restriction, a misdemeanor crime punishable by up to one year in prison, one year of supervised release and a $100,000 fine.

Any drone that weighs more than .55 pounds and less than 55 pounds must be registered with the Federal Aviation Administration (FAA). Dabney’s and Lenhoff’s drones were not registered with the FAA, and they do not have a remote pilot certification.

Kenneth L. Parker, United States Attorney for the Southern District of Ohio; J. William Rivers, Special Agent in Charge, Federal Bureau of Investigation (FBI), Cincinnati Division; the Federal Aviation Administration (FAA); Cincinnati Interim Police Chief Teresa A. Theetge and Hamilton County Sheriff Charmaine McGuffey announced the guilty pleas entered today. Assistant United States Attorney Timothy S. Mangan is representing the United States in this case.

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