Security News: Eighteen MS-13 Members and Associates Sentenced for 10 Murders, Seven Attempted Murders, Kidnapping, Drug Trafficking, and Firearms Offenses

Source: United States Department of Justice 2

The last defendant of 18 La Mara Salvatrucha (MS-13) gang members charged in connection with a multi-year investigation by federal, state, and local law enforcement was sentenced today. The investigation involved charges of racketeering conspiracy, murder in aid of racketeering, attempted murder in aid of racketeering, kidnapping, drug trafficking, firearms offenses, obstruction of justice, and destruction of evidence.

According to court documents and evidence presented at trial, the defendants were members and associates of MS-13’s Thompson Place Locos Salvatrucha clique, which has operated in Nashville, Tennessee, since at least 2014. MS-13, an international street gang composed largely of individuals of Salvadoran or Central American descent, seeks to protect its power, territory, reputation, and profits through murder, attempted murder, drug trafficking, robbery, kidnappings, extortion, and other criminal activities. In addition, cooperation with law enforcement is strictly prohibited under MS-13’s rules. Members are required to confront, fight, and/or kill rival gang members and to retaliate quickly and viciously against anyone who disrespects or threatens the gang’s authority, power, reputation, or control of a neighborhood. Prospective members committed murders to gain entrance into MS-13 or to earn respect among the members.

In addition to drug distribution and firearms offenses, the defendants were also convicted of conspiring with each other and committing acts of violence, including the following:

On April 6, 2016, MS-13 members and associates, including Jose Pineda-Caceres, murdered Victim 1 because they believed he was a rival gang member. They lured Victim 1 to a secluded field in a rural area of Davidson County, Tennessee, under the guise of going to smoke marijuana. When they arrived at the field, the gang members confronted Victim 1 about their belief that he was in a rival gang before shooting him multiple times, killing him.

On July 31, 2016, MS-13 members and associates, including Pineda-Caceres, went to a South Nashville nightclub, where Pineda-Caceres saw Victim 2, who he believed was a rival gang member. Victim 2 and his younger sister, Victim 3, were at the nightclub with friends, celebrating Victim 3’s 18th birthday. When Victim 2 left the nightclub with his friends and Victim 3, Pineda-Caceres and another MS-13 associate chased Victim 2’s car on Interstate 24 and shot into it. A bullet stuck Victim 3 and killed her. Pineda-Caceres fled the United States after this murder but was arrested when he returned to the United States in November 2017.

On Nov. 13, 2016, MS-13 members and associates, including Jorge Flores, were at a South Nashville nightclub when they saw Victim 4, who they believed was a rival gang member. The MS-13 members and associates, including Flores, followed Victim 4 from the nightclub to his apartment in Antioch, Tennessee. An MS-13 member shot Victim 4 and then fled. Victim 4 died from his injuries.

On or about Jan. 18, 2017, MS-13 members and associates, including Jorge Flores, saw Victim 5, who they believed was responsible for a recent murder of an MS-13 member, at a Wal-Mart in Antioch. The MS-13 members chased Victim 5 as he rode in a car with his girlfriend and her young children. The MS-13 members eventually cornered the car and shot into it, striking Victim 5 multiple times.

In February 2017, MS-13 members and associates, including Carlos Ochoa and Jorge Flores, conspired to murder rival drug dealers, Victims 6 and 7. The MS-13 members also conspired to murder another MS-13 member because he associated with Victims 6 and 7. On Feb.18, 2017, MS-13 members and associates chased the three victims in a car for miles and attempted to kill them by shooting at them. The gang members chased their victims to a South Nashville nightclub, shot at them, and continuously shot into the nightclub, which was filled with patrons. The following weekend, on Feb. 25, 2017, MS-13 members and associates chased the victims again and shot Victim 6 in the neck and torso, causing Victim 6 to suffer life-threatening injuries. Metropolitan Nashville Police Department officers promptly provided medical care to Victim 6, helping to save his life. 

On April 2, 2017, MS-13 members and associates were inside a South Nashville nightclub when they saw Victims 8 and 9. The gang members informed another MS-13 member and MS-13 associate, who were not in the nightclub, of the victims’ presence inside the nightclub and the gang members’ belief that the victims were rival gang members. The MS-13 member and associate outside of the nightclub retrieved an AK-47 rifle and shot Victims 8 and 9 multiple times when they left the club, killing them both.

On May 21, 2017, MS-13 members, including Flores and Kevin Tidwell, were parked in the parking lot of a South Nashville nightclub when they saw Victim 10, who they believed to be a rival gang member, pull into the parking lot. The gang members drove next to Victim 10’s car and shot him numerous times in his head and torso as he sat in his car, killing him.

On May 27, 2017, MS-13 members were at a convenience store in South Nashville, where Tidwell got into a verbal altercation with Victim 11 and felt disrespected. Tidwell got into a truck driven by Flores and waited behind the store until Victim 11 and Victim 12 drove away from the store. The MS-13 members chased the car while shooting at it with an AK-47 rifle and a 9mm pistol. Victim 11 was struck by the gunfire and died from his injuries. The MS-13 members later burned the truck in an abandoned field.

On June 17, 2017, several MS-13 members were at a nightclub and confronted Victim 13 for falsely claiming to be an MS-13 member. The gang members summoned additional members to the club for assistance. When the additional members arrived, a fight ensued between the MS-13 members and Victim 13 and his friends. Gerson Serrano-Ramirez ultimately retrieved an AK-47 rifle from a car and fired a round of ammunition into the air. The MS-13 members then forced Victim 13 into a car and took him to a secluded location, where they beat him.

On July 25, 2017, at Serrano-Ramirez’s home, Serrano-Ramirez physically assaulted Victim 14 for saying that MS-13 members and their drug activities were causing problems in a local nightclub. Serrano-Ramirez accused Victim 14 of cooperating with law enforcement, then pointed a rifle at him, choked him with the strap of the rifle, sprayed bleach in his eyes, suffocated him by placing a plastic bag over his head, and broke one of his fingers with a pair of pliers.

On Sept. 24, 2017, MS-13 members, including Luis Colindres, saw Victim 15, who they believed to be a rival gang member, in a South Nashville nightclub. MS-13 members watched him leave the nightclub with two other individuals, then drove to his apartment complex to await his return. When Victim 15 arrived, the gang members blocked the car with their car, got out, and shot Victim 15 in the head and torso multiple times, killing him. The members also shot one of the car’s passengers, Victim 16, in the head and torso multiple times to prevent him from cooperating with law enforcement.

Later that evening, on Sept. 24, 2017, MS-13 members and associates, including Flores and Colindres, lured Victim 17 to a secluded location to murder him for failing to repay a drug debt. When Victim 17 arrived, they ordered him into the trunk of a car and shot him multiple times. They then drove Victim 17’s body to Cheatham County, Tennessee, where they burned him inside of the car’s trunk to destroy evidence of the murder.

Throughout the course of the conspiracy, the MS-13 members committed several armed carjackings of citizens near the Nashville, Tennessee, area.

The defendants were sentenced as follows:

  • Jorge Flores, 31, life plus 65 years in prison;
  • Kevin Tidwell, 30, life plus 30 years in prison;
  • Luis Colindres, 27, 55 years in prison;
  • Jose Pineda-Caceres, 25, 52 years and three months in prison;
  • Gerson Serrano-Ramirez, 36, 34 years in prison;
  • Carlos Ochoa-Martinez, 34, 30 years in prison;
  • Francisco Avila, 26, 30 years in prison;
  • Franklin Hernandez, 24, 28 years and 11 months in prison;
  • Jason Sandoval, 38, 20 years in prison;
  • Oscar Delgado-Flores, 30, 19 years and eight months in prison;
  • Angel Daniel-Garcia, 38, 13 years and nine months in prison;
  • Bryan Paredes, 27, 10 years in prison;
  • Jose Calderon, 24, 10 years in prison;
  • Hector Venturas, 28, 12 years and seven months in prison;
  • Juan Melendez, 25, eight years in prison;
  • Franklin Pineda-Caceres, 23, seven years and six months in prison;
  • Sergio Alvarado-Ochoa, 30, two years and six months in prison; and
  • Anabely Caceres, 44, time-served sentence of one year and one month.

Principal Deputy Assistant Attorney General Nicole M. Argentieri, head of the Justice Department’s Criminal Division; Acting U.S. Attorney Thomas J. Jaworski for the Middle District of Tennessee; Special Agent in Charge Marcus Watson of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) Nashville Field Division; Special Agent in Charge Rana Saoud of Homeland Security Investigations (HSI) Nashville; Acting Special Agent in Charge Erek Davodowich of the Drug Enforcement Administration (DEA) Louisville Field Division; U.S. Marshal Denny King for the Middle District of Tennessee; Chief John Drake of the Metropolitan Nashville Police Department; and Director David Rausch of the Tennessee Bureau of Investigation made the announcement.

The ATF, HSI, DEA, U.S. Marshals Service, Metropolitan Nashville Police Department, Tennessee Bureau of Investigation, La Vergne Police Department, and Kentucky State Police investigated the case.

Deputy Chief Matthew Hoff of the Criminal Division’s Violent Crime and Racketeering Section and Assistant U.S. Attorneys Ahmed Safeeullah and Brooke Farzad for the Middle District of Tennessee prosecuted this case. 

This prosecution is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) operation. OCDETF identifies, disrupts, and dismantles the highest-level criminal organizations that threaten the United States using a prosecutor-led, intelligence-driven, multi-agency approach. Additional information about the OCDETF Program can be found at www.justice.gov/OCDETF.

Defense News: Navy, DOD Leaders Discuss Space Capabilities During Second Naval Space Summit at NPS

Source: United States Navy

The summit, sponsored by the Secretary of the Navy and organized by the office of the Deputy Chief of Naval Operations for Information Warfare (N2N6), provides an essential venue for top DOD and Department of the Navy officials to discuss the state of space operations and capabilities within the services, as well as the latest issues and opportunities in the space domain.

Under Secretary of the Navy Erik Raven, who represented Secretary of the Navy Carlos Del Toro at the summit, reminded attendees of the similarities between the maritime domain and the space domain, as well as their importance to our nation’s history.

“The sea has left an indelible mark on history and character of our nation. For nearly 249 years, our nation has relied on the grit, tenacity, and courage of our Sailors and Marines,” said Raven. “Just as the oceans have shaped the last quarter-millennium of our nation, space will shape our future – for centuries to come.”

Vice Chief of Naval Operations Adm. James Kilby, himself an NPS graduate, acknowledged NPS’ crucial, longstanding role in space systems education, operations and engineering through the school’s Space Systems Academic Group (SSAG).

“No other venue brings together the fleet and expertise with our SPACECOM joint partners to address warfighting issues in the space domain at the most senior levels of Department of the Navy and DOD,” said Kilby. “Advancing the state of the art in space-based capability is fundamental to advancing our maritime advantage. This also requires a deep bench of talented naval leaders who understand the technologies and can develop new concepts of operations for how we fight – this is happening at NPS.”

The first Naval Space Summit in 2023 was convened by Del Toro at NPS with the goal of assessing the needs, challenges and opportunities of future maritime operations in the space domain.

For this year’s event, Raven and other senior leaders not only expanded on those themes, but also centered their discussions around strengthening U.S. warfighting capabilities in the space domain. Dialogue focused on the development of space capabilities as force multipliers, as well as the increasing demand for military and commercial space capabilities to support naval operations.

As with the inaugural event, the 2024 Naval Space Summit featured classified briefs and discussions involving DOD’s top space stakeholders, with the intent of giving attendees the opportunity to share information, make connections and continue the dialogue begun the previous year.

“Our goal this year is to build on last year’s discussions (of current military space capabilities and operations and NPS space-based research) and continue on the path to align our efforts on how we plan to fight in this critical domain,” said Vice Adm. Karl Thomas, Deputy Chief of Naval Operations for Information Warfare and Director of Naval Intelligence, during his opening address on July 9.

In addition to Raven, Kilby and Thomas, senior Navy and Marine Corps leaders who came to NPS included Vice Adm. Craig Clapperton, commander of Fleet Cyber Command, Navy Space Command and U.S. Tenth Fleet; Marine Corps Lt. Gen. Brian Cavanaugh, commanding general of Fleet Marine Force, Atlantic and Marine Forces Command; and Vice Adm. Blake Converse, deputy commander of U.S. Pacific Fleet.

Among the senior DOD and U.S. government officials attending were U.S. Space Force Gen. Stephen Whiting, commander of U.S. Space Command (SPACECOM); Space Force Lt. Gen. Douglas Schiess, commander of U.S. Space Forces-Space; U.S. Air Force Maj. Gen. Steve Butow, military deputy and director of the space portfolio at the Defense Innovation Unit (DIU); and Mr. Bale Dalton, NASA Chief of Staff.

Raven, Whiting, Schiess, Butow and Dalton presented keynote addresses during the course of the summit, while Schiess, Cavanaugh and Converse participated in a flag and general officer panel – moderated by Thomas – to discuss dependencies of warfighting on the space domain.

The majority of the other briefs during the Naval Space Summit’s agenda were presented by senior DOD and DON representatives, as well as subject matter experts from other U.S. government agencies.

As the host of the Naval Space Summit, NPS – and in particular SSAG – provided substantial contributions to the summit’s agenda, ranging from student research presentations during the opening session in King Hall Auditorium to student showcase events later in the week.

“Bringing the Naval Space Summit back to NPS reinforces the importance of our institution as a center of space education, research and innovation for the Navy and Marine Corps,” said retired Vice Adm. Ann Rondeau, President of NPS.

Rondeau, NPS Acting Provost Dr. Jim Newman and SSAG Acting Chair Dr. Wenschel Lan all spoke during the opening session, which saw presentations by three NPS students – Marine Corps Maj. Dillon Pierce and Navy Lt. Chuck Bibbs and Lt. Conor Murtha.

“The underlying message of the Naval Space Summit aligns closely with the lessons from NPS’ space policy and space strategy courses,” said Bibbs, who graduated from NPS in December 2023 with dual master’s degrees before returning to support the school’s Space Systems research efforts. “Both emphasize the need for military and commercial partners to develop solutions proactively to address imminent space challenges posed by adversaries.

“NPS serves as the perfect venue for these crucial conversations, offering junior and mid-level officers the opportunity to listen to general and flag officers and familiarize themselves with these challenges early in their careers, and for them to hear our ideas. I was grateful for the opportunity to share my story and research with these senior leaders.”

Among the NPS students attending sessions throughout the week were Navy and Marine Corps officers who had been designated as Maritime Space Officers – individuals with space expertise who will directly support Navy and Marine Corps activities in key space-oriented billets.

Students from SSAG also had the opportunity to provide updates on their own space-based research during a showcase event and poster session, and a separate Emerging Tech Showcase gave summit participants a chance to learn more from industry partners who have signed Cooperative Research and Development Agreements (CRADAs) with NPS to support relevant research efforts.

“Having the Naval Space Summit at NPS was a great opportunity for our students,” Lan said. “Not only were they able to hear from our naval and joint space leaders and engage with them firsthand, the meaningful discussions have already enhanced course lectures and spurred future thesis research ideas.”

The participation of non-Navy agencies in the Naval Space Summit, including NASA and the Space Force, served as a reminder that space operations are truly a joint effort – something which Lan believes is also reflected in NPS and its mission.

“Our student population doesn’t just include naval officers – we have officers from the other armed forces as well as our foreign partner nations, which we recognize as an incredible value as the space domain evolves,” she added. “Through the interdisciplinary nature of the Space Systems curricula at NPS, we strive to educate our students so that they can contribute towards solving real-world operational problems.”

According to Thomas, the Naval Space Summit resulted in greater information sharing and an increase in dialogue between the services – and considerable enthusiasm to continue that dialogue again next year.

“This was a busy three days of open and frank discussions on current and future issues of critical importance to the naval space mission and the future fight,” Thomas said. “Additionally, many new working relationships were established and connections made – these relationships will ensure this important work and focus continues.”

– Learn more about the Space Summit agenda and advanced space education at NPS: https://nps.edu/web/ssag

Justice Department Files Civil Rights Lawsuit Against Illinois Landlord for Sexually Harassing Tenants

Source: United States Department of Justice Criminal Division

The Justice Department filed a lawsuit today against Michael J. DeWitte, of Washington, Illinois, for sexually harassing female tenants and housing applicants in violation of the Fair Housing Act. DeWitte has managed residential rental properties in Peoria, Illinois, and other central Illinois counties since at least 2002.

“Landlords cannot use their position of power to sexually harass someone who simply wants a place to live,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “The Fair Housing Act protects tenants’ right to housing free of any kind of sexual advance or harassment. We encourage survivors to speak out so that we can vindicate their fair housing rights.”

“No one should ever be asked to trade their body for a home,” said U.S. Attorney Gregory K. Harris for the Central District of Illinois. “I urge any other tenants alleging discrimination by DeWitte to contact my office. When landlords abuse their power and attempt to take advantage of the vulnerable in violation of civil rights laws, my office and the Justice Department stand ready to hold them accountable.”

The lawsuit, filed in the U.S. District Court for the Central District of Illinois, alleges that, since at least 2002, DeWitte subjected female tenants and applicants to unwelcome sexual harassment that included: sexual contact and comments about their physical appearances; offers to strip for female tenants; removing his pants while giving a tour to a female housing applicant; exposing his genitals to female tenants; asking female tenants on dates; requesting sex in exchange for reduced rent or other housing benefits; and evicting female tenants when they did not give in to his sexual advances.

The lawsuit seeks monetary damages to compensate persons harmed by the alleged harassment, civil penalties to vindicate the public interest and a court order barring future discrimination.

The Fair Housing Act prohibits discrimination in housing based on race, color, religion, national origin, sex, disability and familial status. It also prohibits sexual harassment, a form of sex discrimination. Individuals who believe that they may have been victims of sexual harassment or other types of housing discrimination at rental properties owned or managed by Michael DeWitte, or who have other information that may be relevant to this case, may contact the Justice Department by calling the U.S. Attorney’s Office for the Central District of Illinois at 309-671-7019 or 833-591-0291, and emailing USAILC.Civil.Rights@usdoj.gov or FairHousing.USAILC@usdoj.gov.

The Justice Department’s Sexual Harassment in Housing Initiative is led by the Civil Rights Division, in coordination with U.S. Attorneys’ Offices across the country. The initiative seeks to address and raise awareness about sexual harassment by landlords, property managers, maintenance workers, loan officers and other people who have control over housing. Since launching the initiative in October 2017, the department has filed 44 lawsuits alleging sexual harassment in housing and recovered over $17 million for victims of such harassment. The Civil Rights Division is committed to protecting people from sexual misconduct.

DaVita to Pay Over $34M to Resolve Allegations of Illegal Kickbacks

Source: United States Department of Justice Criminal Division

DaVita Inc., headquartered in Denver, Colorado, has agreed to pay $34,487,390 to resolve allegations that it violated the False Claims Act by paying kickbacks to induce referrals to DaVita Rx, a former subsidiary that provided pharmacy services for dialysis patients, and by paying kickbacks to nephrologists and vascular access physicians to induce the referral of patients to DaVita’s dialysis centers.

The Anti-Kickback Statute prohibits anyone from offering or paying, directly or indirectly, any remuneration — which includes money or any other thing of value — to induce referrals of patients or of items or services covered by Medicare, Medicaid and other federally funded programs.

The United States alleges that DaVita paid kickbacks to a competitor to induce referrals to DaVita Rx to serve as a “central fill pharmacy,” or prescription fulfillment provider, for that competitor’s Medicare patients’ prescriptions. In exchange, DaVita paid to acquire certain European dialysis clinics and agreed to extend a prior commitment to purchase dialysis products from the competitor. DaVita would not have paid the price that it did for these deals without the competitor’s commitment to refer its Medicare patients’ prescriptions to DaVita Rx in return.

The United States further alleges that DaVita provided management services to vascular access centers owned by physicians in a position to refer patients to DaVita’s dialysis clinics. DaVita paid improper remuneration to these physician-owners in the form of uncollected management fees to induce referrals to DaVita’s dialysis centers.

Finally, the United States alleges that DaVita paid improper remuneration to a large nephrology practice to induce referrals to DaVita’s dialysis clinics. DaVita gave the practice a right of refusal to staff the medical director position at any new dialysis center that opened near the nephrology practice and paid the practice $50,000 despite the practice’s decision not to staff the medical director position for those clinics.  

“Improper financial arrangements between Medicare providers can distort the healthcare marketplace,” said Principal Deputy Assistant Attorney General Brian M. Boynton, head of the Justice Department’s Civil Division. “We will hold accountable healthcare providers that seek to generate business by paying unlawful remuneration.”

“Medicare patients should be able to trust their healthcare providers not to pay illegal kickbacks to induce referrals,” said Acting U.S. Attorney Matthew Kirsch for the District of Colorado. “This resolution reflects the seriousness of the government’s determination to restore integrity to the healthcare marketplace.”

“Illegal kickback payments corrupt the market for health care services and cause harm and financial loss to Medicare and other federally funded health care programs,” said Special Agent in Charge Linda Hanley of the Department of Health and Human Services Office of Inspector General (HHS-OIG). “Our ongoing enforcement efforts aim to safeguard the integrity of taxpayer-funded health care programs, like Medicare and Medicaid, while curbing schemes that unduly influence patients’ and doctors’ health care options.”

The civil settlement includes the resolution of claims brought under the qui tam or whistleblower provisions of the False Claims Act by Dennis Kogod, a former Chief Operating Officer of DaVita Kidney Care. Under those provisions, a private party can file an action on behalf of the United States and receive a portion of any recovery. The qui tam case is captioned United States ex rel. Kogod v. DaVita, Inc., et al., No. 17-cv-02611-PAB (D. Colo.). Kogod will receive $6,370,000 of the proceeds from the settlement.

The resolution obtained in this matter was the result of a coordinated effort between the Civil Division’s Commercial Litigation Branch, Fraud Section, and the U.S. Attorney’s Office for the District of Colorado with assistance from HHS-OIG.

The investigation and resolution of this matter illustrates the government’s emphasis on combating health care 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 HHS at 800-HHS-TIPS (800-447-8477).

Trial Attorney Gary Newkirk of the Civil Division and Assistant U.S. Attorney Lila Bateman for the District of Colorado handled the matter.

The claims resolved by the settlement are allegations only. There has been no determination of liability.