Category: MIL-OSI

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Two Arkansas Physicians Sentenced to a Total of 150 Months in Federal Prison for Prescription Fraud

Source: US FBI

FORT SMITH – Fort Smith physician and Rogers physician were sentenced today on one count each of Distribution of a Controlled Substance without an Effective Prescription. The Honorable Judge P. K. Holmes III presided over the sentencing hearings in the U.S. District Court in Fort Smith.

According to court documents, Cecil W. Gaby, 71, of Fort Smith,  a licensed physician in the State of Arkansas, pleaded guilty on December 18, 2019 to acting and intending to act outside the usual course of professional practice without a legitimate medical purpose in dispensing a Schedule II controlled substance namely, oxycodone, to an individual, thereby causing the death of the individual. Between January 2016 and July 2018, Gaby was an owner and operator of the Hinderliter Pain Clinic in Barling, Arkansas and from July 2018 through November 2018, was owner and operator of the Gaby Medical Clinic in Fort Smith, Arkansas. From January 2016 through November 2018, Gaby issued more than 11,000 prescriptions for opioids and/or benzodiazepines. Gaby prescribed approximately 1,156,044 dosage units of Schedule II controlled substances to 347 patients (3,332 pills per patient over the course of 2 years); 98% of Gaby’s patients were prescribed at least one opioid (hydrocodone, oxycodone, methadone, etc.); 94% of Gaby’s patients received either multiple narcotics or a combination of narcotics and sedatives; and 27% of Gaby’s patients were age 40 or younger. Evidence in the case revealed that Gaby issued a large number of prescriptions without a legitimate medical purpose and not in the usual course of professional practice. From 2016 through 2018, several of Gaby’s patients died of drug overdose or related causes. As part of his plea, Gaby admitted that prescriptions he issued directly resulted in the death of one of his patients.  Gaby was sentenced to 120 months in federal prison followed by 3 years of supervised release.

Robin Ann Cox, 64, of Rogers, was employed by the Arkansas Medical Clinic (AMC) in Rogers, Arkansas. Cox and the owner of AMC contacted the DEA by telephone to report that prescriptions from Cox‘s previous employment had been fraudulently written and filled. Cox specifically identified a prescription for a patient written and filled on May 17, 2019, and a prescription for a patient dated May 19, 2019 and filled on May 20, 2019. During the investigation into these prescriptions, the DEA discovered that the prescriptions were for Schedule II opioid medications, and that Cox had written one of the prescriptions while meeting with the patient in the parking lot of a restaurant in Fort Smith, Arkansas, in the Western District of Arkansas, Fort Smith Division. The prescription was not written in conjunction with an appropriate medical examination and therefore was issued outside the course of a legitimate medical practice. Cox was sentenced to 30 months in federal prison followed by 3 years of supervised release

“The abuse of opioids and other pain medications is an epidemic that is destroying the lives of many people across the Western District of Arkansas.  We will continue to use all the investigation and prosecution tools available to us to identify and prosecute those who are responsible for the over-prescription of these dangerous drugs.  It is my sincere hope that these cases today send a strong message to all of those in our District who would consider operating a “pill mill” or otherwise seeking to profit from the over-prescribing of opioid drugs and other pain-killers,” said Acting U.S. Attorney David Clay Fowlkes.

“The abuse of prescription drugs remains a significant problem in our communities.  This abuse often leads to addiction, shattered lives, and even death.  For the health and safety of our citizens, DEA and our law enforcement partners in Arkansas and beyond will continue to target those who illegally distribute these potentially dangerous drugs.  It is particularly disappointing when trusted medical professionals are engaged in the diversion of controlled substances.  We hope that the convictions and sentencings of these Physicians will serve as a reminder to anyone who might illegally divert pharmaceuticals that they will be held accountable for the harm they cause,” said DEA Special Agent in Charge Brad L. Byerley.

The Drug Enforcement Administration (DEA), DEA Diversion Little Rock, Federal Bureau of Investigation (FBI), the United States Department of Health and Human Services Office of Inspector General (HHS), Arkansas State Medical Board, the Fort Smith Police Department, the Springdale Police Department, and the Rogers Police Department investigated the case.

Special Assistant U.S. Attorney Anne Gardner prosecuted the case for the United States.

Cox’s prosecution is part of the Western District of Arkansas’ Operation Pillusional, which is part of the Department of Justice’s Organized Crime and Drug Enforcement Task Force (OCDETF) program.  The OCDETF program is the centerpiece of the Department of Justice’s drug supply reduction strategy.  OCDETF was established in 1982 to conduct comprehensive, multilevel attacks on major drug trafficking and money laundering organizations.  Today, OCDETF combines the resources and expertise of its member federal agencies in cooperation with state and local law enforcement.  The principal mission of the OCDETF program is to identify, disrupt, and dismantle the most serious drug trafficking and money laundering organizations and those primarily responsible for the nation’s illicit drug supply.

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DOJ Announces Coordinated Law Enforcement Action to Combat Health Care Fraud Related to COVID-19

Source: US FBI

Federal charges in the Western District of Arkansas involve wire fraud and money laundering related to the theft of federal healthcare funds

FORT SMITH – The Department of Justice today announced criminal charges against 14 defendants, including 11 newly-charged defendants and three who were charged in superseding indictments, in seven federal districts across the United States for their alleged participation in various health care fraud schemes that exploited the COVID-19 pandemic and resulted in over $143 million in false billings.

“The multiple health care fraud schemes charged today describe theft from American taxpayers through the exploitation of the national emergency,” said Deputy Attorney General Lisa O. Monaco. “These medical professionals, corporate executives, and others allegedly took advantage of the COVID-19 pandemic to line their own pockets instead of providing needed health care services during this unprecedented time in our country. We are committed to protecting the American people and the critical health care benefits programs created to assist them during this national emergency, and we are determined to hold those who exploit such programs accountable to the fullest extent of the law.”

As part of the national takedown, Billy Joe Taylor, 42, of Lavaca, Arkansas, was charged by criminal complaint with health care fraud in connection with an alleged scheme to defraud the United States of over $88 million, including over $42 million in false and fraudulent claims during the COVID-19 health emergency that were billed in combination with claims that were submitted for testing for COVID-19 and other respiratory illnesses. Taylor, the owner and operator of Vitas Laboratories LLC and Beach Tox LLC, two testing laboratories, allegedly used access to beneficiary and medical provider information from prior laboratory testing orders to submit fraudulent claims for urine drug tests and other laboratory tests, including respiratory pathogen panel and COVID-19 tests, that were not actually ordered or performed. The complaint also alleges that hundreds of claims were submitted for beneficiaries after they had died or otherwise ceased providing samples.

“While the COVID-19 pandemic was raging, and Americans were suffering from the economic and health crisis brought on by this pandemic, these defendants were allegedly scheming to steal millions of dollars set aside to help ailing Americans through COVID-19 testing and other federal health-care programs,” said Acting U.S. Attorney David Clay Fowlkes.  “This case demonstrates the importance of investigating and prosecuting those who would seek to line their own pockets by stealing funds set aside to help those struggling with the symptoms of COVID-19 and other health ailments.”  

Additionally, the Center for Program Integrity, Centers for Medicare & Medicaid Services (CPI/CMS) separately announced today that it took adverse administrative actions against over 50 medical providers for their involvement in health care fraud schemes relating to COVID-19 or abuse of CMS programs that were designed to encourage access to medical care during the pandemic.

“Medical providers have been the unsung heroes for the American public throughout the pandemic,” said FBI Director Christopher Wray. “It’s disheartening that some have abused their authorities and committed COVID-19 related fraud against trusting citizens. The FBI, along with our federal law enforcement and private sector partners, are committed to continuing to combat healthcare fraud and protect the American people.”

The defendants in the cases announced today are alleged to have engaged in various health care fraud schemes designed to exploit the COVID-19 pandemic. For example, multiple defendants offered COVID-19 tests to Medicare beneficiaries at senior living facilities, drive-through COVID-19 testing sites, and medical offices to induce the beneficiaries to provide their personal identifying information and a saliva or blood sample. The defendants are alleged to have then misused the information and samples to submit claims to Medicare for unrelated, medically unnecessary, and far more expensive laboratory tests, including cancer genetic testing, allergy testing, and respiratory pathogen panel tests. In some cases, and as alleged, the COVID-19 test results were not provided to the beneficiaries in a timely fashion or were not reliable, risking the further spread of the disease, and the genetic, allergy, and respiratory pathogen testing was medically unnecessary, and, in many cases, the results were not provided to the patients or their actual primary care doctors.  The proceeds of the fraudulent schemes were allegedly laundered through shell corporations and used to purchase exotic automobiles and luxury real estate.

“It’s clear fraudsters see the COVID-19 pandemic as a money-making opportunity — creating fraudulent schemes to victimize beneficiaries and steal from federal health care programs,” said Deputy Inspector General for Investigations Gary L. Cantrell of  Health and Human Services – Office of Inspector General (HHS-OIG). “Our agency and its law enforcement partners are aggressively and effectively investigating these egregious crimes, which is made equally clear given the results of this takedown. We will continue to support the unprecedented COVID-19 public health effort by holding accountable people who use deceptive tactics to profit from the pandemic.”

In another type of COVID-19 health care fraud scheme announced today, defendants are alleged to have exploited policies that were put in place by CMS to enable increased access to care during the COVID-19 pandemic. For example, pursuant to the COVID-19 emergency declaration, telehealth regulations and rules were broadened so that Medicare beneficiaries could receive a wider range of services from their doctors without having to travel to a medical facility. The cases announced today include first in the nation charges for allegedly exploiting these expanded policies by submitting false and fraudulent claims to Medicare for sham telemedicine encounters that did not occur. As part of these cases, medical professionals are alleged to have offered and paid bribes in exchange for the medical professionals’ referral of medically unnecessary testing.

The law enforcement action today also includes the third set of criminal charges related to the misuse of Provider Relief Fund monies. The Provider Relief Fund is part of the Coronavirus Aid, Relief, and Economic Security (CARES) Act, a federal law enacted March 2020 designed to provide needed medical care to Americans suffering from COVID-19.

The Fraud Section is prosecuting the cases in the following districts: Western District of Arkansas, Northern District of California, Middle District of Louisiana, Central District of California, Southern District of Florida, District of New Jersey, and the Eastern District of New York.

Today’s enforcement actions were led and coordinated by Assistant Chief Jacob Foster and Trial Attorneys Rebecca Yuan and Gary A. Winters of the National Rapid Response Strike Force of the Health Care Fraud Unit of the Criminal Division’s Fraud Section, in conjunction with the Health Care Fraud Unit’s Medicare Fraud Strike Forces (MFSF) in Miami, Los Angeles, the Gulf Coast, and Brooklyn, as well as the U.S. Attorneys’ Offices for the Northern District of California, Western District of Arkansas, and Middle District of Louisiana.

The case here in the Western District of Arkansas is being prosecuted by Senior Litigation Counsel James Hayes and Trial Attorney D. Keith Clouser of the National Rapid Response Strike Force, and Assistant U.S. Attorney Kenneth Elser of the U.S. Attorney’s Office for the Western District of Arkansas.

The MFSF is a partnership among the Criminal Division, U.S. Attorneys’ Offices, the FBI and HHS-OIG. In addition, U.S. Postal Inspection Service, Internal Revenue Service Criminal Investigation, Veterans Affairs Office of Inspector General, Department of Defense Office of Inspector General, Federal Deposit Insurance Corporation, Louisiana Medicaid Fraud Control Unit, and other federal and state law enforcement agencies participated in the law enforcement action.

The law enforcement action was brought in coordination with the Health Care Fraud Unit’s COVID-19 Interagency Working Group, which is chaired by the National Rapid Response Strike Force and organizes efforts to address illegal activity involving health care programs during the pandemic.

The Fraud Section leads the Medicare Fraud Strike Force. Since its inception in March 2007, the Medicare Fraud Strike Force, which maintains 15 strike forces operating in 24 federal districts, has charged more than 4,200 defendants who have collectively billed the Medicare program for nearly $19 billion. In addition, the HHS Centers for Medicare and Medicaid Services, working in conjunction with the HHS-OIG, are taking steps to increase accountability and decrease the presence of fraudulent providers.

The Department of Justice needs the public’s assistance in remaining vigilant and reporting suspected fraudulent activity. To report suspected fraud, contact the National Center for Disaster Fraud (NCDF) at (866) 720-5721 or file an online complaint at: https://www.justice.gov/disaster-fraud/webform/ncdf-disaster-complaint-form. Complaints filed will be reviewed at the NCDF and referred to federal, state, local, or international law enforcement or regulatory agencies for investigation.

To learn more about the department’s COVID response, visit: https://www.justice.gov/coronavirus. For further information on the Criminal Division’s enforcement efforts on PPP fraud, including court documents from significant cases, visit the following website: https://www.justice.gov/criminal-fraud/ppp-fraud.

Related court documents may be found on the Public Access to Electronic Records website @ www.pacer.gov

An indictment, complaint, or information 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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Teacher’s Assistant Charged with Multiple Child Pornography Crimes

Source: US FBI

      LITTLE ROCK— A teacher’s assistant has been arrested and charged with production of child pornography. Augustus “Gus” Shenker, 21, was charged in a criminal complaint on May 19, 2021. He was arrested today and will be arraigned this week before United States Magistrate Judge J. Thomas Ray.

      On May 18, 2021, FBI agents arrested Shenker on a criminal complaint alleging transportation of child pornography and possession of child pornography. Through the course of the investigation, law enforcement learned that Shenker has been employed as a teacher’s assistant at Miss Selma’s School in Little Rock since 2017. On May 18, 2021, Shenker was released on conditions of bond, but the investigation continued, and based on new information, federal prosecutors filed a second criminal complaint charging him with production of child pornography.

      The FBI is seeking to identify potential victims in this case. Anyone with additional information to report about Augustus Shenker can call the FBI at 501-221-9100.

      The investigation is being conducted by the FBI and is being prosecuted by Assistant United States Attorneys Joan Shipley and Kristin Bryant.

      A criminal complaint only contains allegations. A defendant is presumed innocent unless and until proven guilty.

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This news release, as well as additional information about the office of the

United States Attorney for the Eastern District of Arkansas, is available online at

https://www.justice.gov/edar

Twitter:

@EDARNEWS

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U.S. Attorney’s Office Sentences Standing Rock Man for 2023 Fatal Shooting

Source: US FBI

ALBUQUERQUE – A Standing Rock man was sentenced to 27 months in federal prison for the fatal shooting of a 39-year-old mother of three.

There is no parole in the federal system.

According to court documents, on December 30, 2023, Jane Doe and her three minor children returned to the home of Sonny Hannah, 75, an enrolled member of the Navajo Nation, to collect their personal belongings. An argument between Hannah and Jane Doe ensued, leading to Hannah emerging from his home with a rifle. Hannah shot twice, striking Jane Doe in the head from 20 to 35 feet away, killing her instantly.

Upon his release from prison, Hannah will be subject to five years of supervised release.

U.S. Attorney Alexander M.M. Uballez and Raul Bujanda, Special Agent in Charge of the FBI’s Albuquerque Field Office, made the announcement today.

The Gallup Resident Agency of the FBI Albuquerque Field Office investigated this case with the assistance of the Navajo Police Department and Department of Criminal Investigations. Assistant U.S. Attorney Zachary C. Jones is prosecuting the case.

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White Supremacist President Sentenced to 35 Years in Violent Racketeering Case

Source: US FBI

      LITTLE ROCK—Wesley Gullett, the president of a white supremacist organization which sold multiple kilograms of methamphetamine and committed numerous violent acts—including attempted murder—will spend the more than three decades in federal prison.

      On Wednesday, United States District Court Judge Brian S. Miller sentenced Gullett, 31, of Russellville, to 35 years imprisonment, with five years of supervised release to follow, for Gullett’s leadership role in a violent drug conspiracy. There is no parole in the federal system. Gullett was president of New Aryan Empire (NAE), a white supremacist group founded by inmates in the Arkansas Department of Corrections.

      Gullett was originally charged in October 2017, and a federal grand jury charged him along with 51 other defendants in a Second Superseding Indictment in September 2019. On February 3, 2021, Gullett pleaded guilty to conspiracy to commit racketeering and conspiracy to possess methamphetamine with intent to distribute. In his plea agreement, Gullett admitted to solicitation to commit murder and attempted murder, among other violent acts.

      At Wednesday’s hearing, before imposing the sentence, Judge Miller heard details of how Gullett attempted to murder Bruce Wayne Hurley, an individual who had purchased methamphetamine from NAE associates. Gullett attempted to murder Hurley because he believed Hurley was acting as an informant for law enforcement. Gullett also solicited other NAE members to murder Hurley.

      In addition, the NAE, under the direction of Gullett, carried out other retaliatory acts against those who they believed had provided information to law enforcement. Members of NAE retaliated against one alleged witness by kidnapping him, having people take turns beating him, branding his face with a hot knife, and having a dog bite him. Another alleged witness was kidnapped twice, beaten, and stabbed. For violating NAE’s code, the organization physically assaulted and battered, “X’ed” them out (also referred to as taking their patch), or killed violating members. 

      “This defendant used his corrupt white supremacist organization to commit heinous crimes of violence,” said Jonathan D. Ross, Acting United States Attorney for the Eastern District of Arkansas. “These despicable acts, which included trying to murder a witness, will now appropriately be punished with 35 years in prison, where this defendant can no longer wreak havoc and poison our community.”

      In addition to the violent acts, law enforcement officials investigated the NAE’s methamphetamine trafficking organization. During the coordinated federal and state investigation, law enforcement agents made 59 controlled purchases of methamphetamine, seizing more than 25 pounds of methamphetamine, as well as 69 firearms and more than $70,000 in drug proceeds.

      Three remaining defendants of the original 51 charged are awaiting trial, which is currently set for September 7, 2021. One defendant is still a fugitive, and all other defendants have pleaded guilty.

      Acting U.S. Attorney Ross, together with Drug Enforcement Administration Assistant Special Agent in Charge Jarad O. Harper, and Bureau of Alcohol, Tobacco, Firearms, and Explosives Acting Resident Agent in Charge Clayton Merrell, announced today’s sentence.

      The investigation was conducted by FBI, the Bureau of Alcohol, Tobacco, Firearms, and Explosives; and the Drug Enforcement Administration, in partnership with the Pope County Sheriff’s Office, Fifth Judicial District Drug Task Force, Russellville Police Department, Arkansas State Police, Conway Police Department, and United States Postal Inspection Service. The case is being prosecuted by Assistant United States Attorneys in the Eastern District of Arkansas with assistance from the Department of Justice Criminal Division’s Organized Crime and Gang Section.

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This news release, as well as additional information about the office of the

United States Attorney for the Eastern District of Arkansas, is available online at

https://www.justice.gov/edar

Twitter:

@EDARNEWS

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Malvern Residents Charged in Fraudulent Puppy Scam

Source: US FBI

      LITTLE ROCK-Two Malvern residents have been charged with fraudulently selling purebred, registered puppies that did not actually exist. Helda Verla Berinyuy and Thierry Assoueesoh Ekwelle, both 31, are charged with one count of conspiracy to commit wire fraud and 22 counts of wire fraud in an indictment handed down by a federal grand jury on May 4, 2021, that became public today.

      The indictment alleges that Berinyuy and Ekwelle were Cameroon citizens who came to the United States and attended college in Arkansas, with Ekwelle eventually becoming a naturalized American citizen. According to the indictment, Berinyuy and Ekwelle were neighbors and students at Arkansas State University Three Rivers in Malvern.

      Allegedly, from August 2018 through November 2020, Berinyuy and Ekwelle used websites to advertise the sale of purebred, AKC registered puppies such as French Bulldogs, Boxers, Toy Poodles, English Bulldogs, and others, when in fact, they did not have any puppies for sale.

      In order to collect money from purchasers, the indictment claims, the defendants promised to deliver the puppies via airplanes. After receiving the initial purchase money, the defendants would request added fees to cover costs such as puppy crates, extra handling fees due to COVID-19, and pet insurance, among other things.

      The indictment alleges that each purchaser sent the defendants an amount of money ranging from $500 to $5,000. The defendants would use various aliases to pick up the money, which was sent via Western Union and Walmart transfers at various locations throughout Arkansas. As a result of the scheme, according to the indictment, Berinyuy and Ekwelle “sold” puppies to approximately 153 victims from multiple states and received approximately $110,691.50.

      Berinyuy and Ekwelle will appear for arraignment later this month before United States Magistrate Judge Thomas Ray. The FBI is conducting the investigation. Assistant United States Attorney Pat Harris is prosecuting the case.

      An indictment only contains allegations. A defendant is presumed innocent unless and until proven guilty.

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This news release, as well as additional information about the office of the

United States Attorney for the Eastern District of Arkansas, is available online at

https://www.justice.gov/edar

Twitter:

@EDARNEWS

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Former Greene County Sheriff’s Lieutenant Sentenced to Two Years in Prison

Source: US FBI

      LITTLE ROCK—A former Greene County Sheriff’s Lieutenant has been sentenced to two years in prison after stealing over $30,000 used in a ruse undercover drug operation. Allen Scott Pillow, 56, of Paragould, was sentenced today by United States District Judge Lee P. Rudofsky.

      Pillow pleaded guilty on December 21, 2020, to one count of theft of government funds. In addition to the term of 24 months’ imprisonment, Judge Rudofsky also sentenced Pillow to two years of supervised release following his term of imprisonment as well as a $15,200 fine.

      After receiving information that former Lieutenant Pillow might be abusing his role with the Greene County Sheriff’s Office, FBI Special Agents and Task Force Officers conducted a ruse narcotics investigation and sought Pillow’s help with the investigation. Pillow had previously retired from Arkansas State Police, where he was suspected to be involved with multiple instances of theft. On November 4, 2019, FBI task force officers parked a rental vehicle in a commercial parking lot in Paragould and staged a glass drug pipe in the vehicle along with a red backpack containing $76,000. The cash was divided into ten bundles of $7,600 each, and investigators recorded the serial numbers.

      After staging the vehicle, two FBI Task Force Officers contacted Pillow on his cell phone and asked him to respond to the scene. The officers relayed to Pillow that they began a narcotics investigation in Tennessee and now needed Pillow’s help as the target had traveled into Arkansas. Pillow traveled to the scene in his Sheriff’s Department vehicle, searched the staged rental vehicle, and recovered the glass pipe, backpack, and currency.

      Later that day, Pillow called the officers and informed them that the backpack had contained $45,600, leading agents to believe Pillow had taken four bundles of $7,600 each, totaling $30,400 of stolen FBI funds. Agents obtained a search warrant for Pillow’s residence and found $2,300 in his possession and $27,820 in a safe in his attic. The serial numbers on the discovered currency matched the original FBI serial numbers. The remaining $280 in stolen funds was not located.

      Pillow was indicted in November 2019, and the case was investigated by the FBI and prosecuted by Assistant United States Attorney Erin O’Leary.

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This news release, as well as additional information about the office of the

United States Attorney for the Eastern District of Arkansas, is available online at

https://www.justice.gov/edar

Twitter:

@EDARNEWS

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U.S. Attorney’s Office Secures Sentencing of Espanola Man for Federal Drug Trafficking Charges

Source: US FBI

ALBUQUERQUE – A repeat offender from Espanola was sentenced today to 33 months in federal prison for drug trafficking charges after being found in possession of multiple controlled substances.

There is no parole in the federal system.

According to court documents, on April 19, 2023, Jeremy Isaac Lopez, 29, was apprehended at the Cities of Gold Casino by the Pueblo of Pojoaque Tribal Police Department on a bench warrant that had been issued, after Lopez removed his GPS ankle monitor in violation of the pretrial release conditions put in place for his State of New Mexico charges related to an armed robbery.

As officers approached, Lopez attempted to flee, crashing into a parked vehicle. A search of the vehicle he was driving revealed Lopez was in possession of pure methamphetamine, heroin, fentanyl, suspected suboxone, , and dozens of small clear baggies.

Upon his release from prison, Lopez will be subject to three years of supervised release.

U.S. Attorney Alexander M.M. Uballez and Raul Bujanda, Special Agent in Charge of the Federal Bureau of Investigation’s Albuquerque Field Office, made the announcement today.

The Santa Fe Resident Agency of the FBI Albuquerque Field Office investigated this case with the assistance of the Pueblo of Pojoaque Tribal Police Department, Chief Freddie Trujillo of the Pojoaque Tribal Police Department, and the Espanola Police Department. Assistant U.S. Attorney Robert James Booth II is prosecuting the case.

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Two Pulaski County Men Convicted After Cocaine Conspiracy Trial

Source: US FBI

     LITTLE ROCK—After a three-day trial, a federal jury has found two Pulaski County men guilty of their involvement in a cocaine distribution conspiracy. James “Richie Rich” Richards, 52, of Wrightsville, and Isaac May, 42, of Sweet Home, were found guilty on all counts when the jury returned their verdict late Wednesday evening. United States District Judge James M. Moody, Jr., presided over the trial, and Judge Moody will sentence Richards and May at a later date. 

      Both Richards and May were charged with and convicted of one count of conspiracy to distribute five kilograms or more of cocaine and several counts of using a phone to facilitate a drug trafficking crime. Richards was also convicted of conspiracy to distribute 28 grams or more of crack cocaine, and one count of distribution of cocaine.

      Richards and May were originally charged in August 2018 with nine other defendants, all of whom have already pleaded guilty. The investigation revealed that in December 2017, Richards began supplying May with cocaine that Richards obtained from supplier and codefendant John Garner. In January 2018, Garner began dealing with May directly. Garner supplied May with cocaine two to three times per week until April of 2018.

      Garner had a longer relationship with Richards and began using Richards’ home in Little Rock as a base of distribution in 2010. Garner supplied Richards with cocaine on a daily basis, in significant amounts large enough for Richards to distribute to other sellers, including kilogram and ounce quantities. A confidential informant recorded transactions in which he bought cocaine from Richards, and Richards discussing his cocaine distribution activities, and those recordings were played at trial.

      At trial, Garner testified against his former customers. He stated that the approximately seven kilograms of cocaine found in his home and at his storage unit during the execution of a search warrants in June 2018 was part of the supply he was using to distribute to Richards and May, among other customers. Had Garner not been arrested, he would have continued distributing to Richards and May from this supply.

      In July 2020, Garner was sentenced to 180 months in prison. Other codefendants who have been sentenced in the case include Larry Clark, Jr. – 262 months, Antwan Hardaway – 12 months and 1 day, and Bridgette Williams – 36 months. All remaining defendants, including Richards and May, are awaiting sentencing.

      The statutory penalty for conspiracy to distribute more than five kilograms of cocaine is not less than 10 years and not more than life imprisonment, a fine of not more than $10 million, and not less than five years of supervised release. The statutory penalty for distribution of less than 500 grams of cocaine is not more than 20 years’ imprisonment, a fine of not more than $1 million, and not less than three years of supervised release. The statutory penalty for using a phone in furtherance of a drug trafficking crime is not more than four years’ imprisonment, a fine of not more than $250,000, and not more than one year of supervised release. The investigation was conducted by the FBI with assistance from the Arkansas State Police and Arkansas National Guard Counter Drug. The case was prosecuted by Assistant United States Attorneys Julie Peters and Chris Givens.

     This case 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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This news release, as well as additional information about the office of the

United States Attorney for the Eastern District of Arkansas, is available online at

https://www.justice.gov/edar
 

Twitter:

@EDARNEWS

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U.S. Attorney’s Office Secures Guilty Plea From Gallup Man in Navajo Nation Shooting

Source: US FBI

ALBUQUERQUE – A Gallup man pleaded guilty today in federal court to shooting and seriously injuring another man during a confrontation on the Navajo reservation last year.

According to court documents, on January 22, 2024, Arthur Chee Pat, 69, an enrolled member of the Navajo Nation, heard a commotion near his residence in Gallup and drove to investigate. Upon arriving at John Doe’s residence, where his son and three other men were gathered, Pat retrieved a firearm from his vehicle. He then fired three gunshots in the direction of one man and two more towards John Doe, striking Doe once in the knee.

After the shooting, Pat fled the scene with his son. John Doe was initially transported to Gallup Indian Medical Center and later transferred to the University of New Mexico Hospital in Albuquerque for treatment. Law enforcement apprehended Pat at his residence shortly after the incident and recovered the handgun from his vehicle.

Pat will remain on condition of release pending sentencing, which has not been scheduled. At sentencing, Pat faces up to 10 years in prison.

U.S. Attorney Alexander M.M. Uballez and Raul Bujanda, Special Agent in Charge of the FBI Albuquerque Field Office, made the announcement today.

The Gallup Resident Agency of the FBI Albuquerque Field Office investigated this case with assistance from the Navajo Police Department and Department of Criminal Investigations. Assistant U.S. Attorney Zachary Jones is prosecuting the case.

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