Category: MIL-OSI

Source: US FBI

BIRMINGHAM, Ala. – A Nauvoo resident and enlisted Army Reservist pleaded guilty yesterday to stealing more than $53,000 from the Department of Defense, announced U.S. Attorney Prim F. Escalona and Department of Army Criminal Investigation Division, Redstone Resident Unit, Supervisory Special Agent Chase Wilkerson.

Jared Romine Barton, 39, pleaded guilty before U.S. District Court Judge Annemarie Carney Axon to one count of theft of government funds.  

According to the plea agreement, between 2016 and 2020, while both an active Army Reservist and Army civilian employee at the Army Reserve’s Deployment Support Command in Birmingham, AL, Sergeant First Class Barton submitted false travel claims and associated timecards to be reimbursed for official travel he did not undertake.

“The defendant defrauded the Department of Defense while wearing the uniform of the country,” said Escalona.  “My office is committed to investigating and prosecuting white-collar crime in all its forms, but it is particularly insidious that a member of the United States Armed Forces would steal from the government he was sworn to defend.” 

“The Department of the Army Criminal Investigation Division is committed to ensuring that these types of schemes are investigated aggressively,” said Supervisory Special Agent Chase D. Wilkerson of the Department of the Army Criminal Investigation Division’s Redstone Resident Unit. “It is imperative that we continue to pursue economic fraud in every form to protect our military.”

Barton faces a maximum term of up to ten years in prison and a fine of $250,000.   

The Department of the Army’s Criminal Investigative Division investigated the case with assistance from the FBI.  Assistant U.S. Attorney Jonathan “Jack” Harrington prosecuted the case. 

Source: US FBI

BIRMINGHAM, Ala. – A federal jury today convicted a Mississippi resident for a carjacking that occurred in Moody, Alabama, announced U.S. Attorney Prim F. Escalona and Bureau of Alcohol, Tobacco, Firearms and Explosives Special Agent in Charge Marcus Watson.

The jury returned its guilty verdict against Eric Lamar White, 24, of Jackson, Mississippi, after two days of testimony before U.S. District Court Judge Corey L. Maze.  White was convicted of  carjacking and carrying and brandishing a firearm during and in relation to a violent crime.

“The violent acts of these defendants put the lives of an innocent family in danger,” U.S. Attorney Escalona said. “I am grateful for the collaborative efforts of our law enforcement partners in Alabama and Mississippi to apprehend these defendants, and for the work of our prosecutors to ensure that justice was served.”

“These violent offenders repeatedly displayed total disregard for human life and personal property. Carjackings and the prevalence of guns on our streets continue to plaque our communities at alarming and unacceptable rates,” SAC Watson said. “The ATF will continue to work with our state, local, and federal partners to remove violent criminals from the communities that we serve.”

According to evidence presented at trial, on January 7, 2021, White and his codefendant, Kendarian Toran, were traveling from Jackson, Mississippi, to Atlanta, Georgia, in a stolen vehicle with a switched tag. The stolen vehicle began to overheat so White and Toran decided to carjack the victim in this case while carrying a firearm. At the time of the carjacking, the victim was in her 2008 Acura TL, pumping gas with her two small children in the vehicle. White and Toran waited for the perfect opportunity to take her car. White repositioned the overheating stolen car so that Toran could easily jump out and get into the driver’s seat of the Acura with ease. Once Toran got into the driver’s seat of the victim’s vehicle, the victim attempted to stop him from taking her car by jumping into the driver’s seat on top of Toran. She did not want him to take her children and fought for them. Toran put the firearm to the victim’s pregnant belly, told her to get her kids out of the car, and quickly drove off with her 2008 Acura TL, just as the last child got out.  White and Toran met at a nearby business parking lot where White abandoned the original stolen vehicle and got into the 2008 Acura TL with Toran. Hours later, White was driving the Acura back to Jackson, Mississippi, with Toran, when Mississippi law enforcement spotted them. A vehicle pursuit ensued for 29 miles on I-20 at speeds over 130 mph with multiple law enforcement officers. Officers had to spike and force the vehicle into the median on I-20. When White was arrested, he had his Glock .45 caliber pistol and an Alabama driver’s license belonging to a person matching the description of the victim. The evidence showed that the Glock .45 caliber pistol was purchased by White in October 2020.

On August 25, 2022, U.S. District Court Judge Corey L. Maze sentenced Kendarian Lamonte Toran, 18, of Ridgeland, Mississippi, to 114 months in prison for carjacking and carrying and brandishing a firearm during and relation to a violent crime.  Toran pleaded guilty to the charges in March. 

The maximum penalty for carjacking is 15 years in prison.  Brandishing a firearm during the commission of a crime of violence carries a mandatory penalty of not less than 7 years in prison.

The ATF investigated the case along with assistance from the FBI Birmingham Division, Moody Police Department and multiple Mississippi law enforcement agencies, to include Rankin County Sherriff’s Office, Scott County Sheriff’s Office, and Madison Police Department.  Assistant U.S. Attorneys Brittney Plyler and Kristy Peoples are prosecuting the case.

Source: US FBI

BIRMINGHAM, Ala. – A federal grand jury this week indicted two women in separate but related indictments for murder, kidnapping, robbery, and unlawful use of a firearm, announced U.S. Attorney Prim F. Escalona and Federal Bureau of Investigation Acting Special Agent in Charge Felix A. Rivera-Esparra.

The four-count indictments filed in U.S. District Court charge Yasmine Marie Adel Hider, 20, of Edmond, Oklahoma, and Krystal Diane Pinkins, 36, of Memphis, Tennessee, with murder, kidnapping, robbery, and unlawful use of a firearm during a crime of violence arising out of events that occurred in the Talladega National Forest on August 14, 2022.  

The maximum penalty for murder, kidnapping, and unlawful use of a firearm during a crime of violence is  life in prison. The maximum penalty for robbery is 15 years in prison.

The FBI and the Forest Service Law Enforcement Investigations- U.S. Department of Agriculture investigated the cases, along with assistance from the Alabama Law Enforcement Agency, Alabama State Park Rangers, Alabama Department of Conservation and Natural Resources, St. Clair Correctional Facility K9 Tracking Team, District Attorney of the 40^th Judicial Circuit of the State of Alabama- Joseph “Joe” D. Ficquette (which includes Clay County), Clay County Sheriff’s Office, Cleburne County Sheriff’s Office, Lineville Police Department, Ashland Police Department, Clay County Rescue Squad, Shinbone Valley Volunteer Fire Department, Tri-County Children’s Advocacy Center, and Jacksonville State University Center for Applied Forensics.  Assistant U.S. Attorneys Jonathan Cross and John B. Felton are prosecuting the case.

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

Source: US FBI

BIRMINGHAM, Ala. – An indictment was unsealed today charging Ray Hunt, 69, of Madison County, with federal offenses related to an illegal scheme to export U.S.-origin goods to Iran.

The 15-count indictment charges the defendant with conspiracy to defraud the United States, sanctions violations, smuggling goods from the United States, and submitting false or misleading export information. 

According to the indictment, since at least November 2017, the defendant conspired to export U.S.-origin parts used in the oil and gas industry, including control valves and oil tubing, through his Alabama-based company, Vega Tools LLC, to customers in Iran. The defendant transshipped the goods to Iran through Turkey and the UAE to evade U.S. sanctions.  

Hunt was arrested and made his initial court appearance earlier today. If convicted, Hunt faces a maximum penalty of up to 20 years in prison and up to a $1 million fine for violating U.S. trade sanctions against Iran. In addition, he faces up to five years for the conspiracy charge, 10 years for the smuggling offense, and up to five years for the false information offense. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

Assistant Attorney General Matthew G. Olsen of the Justice Department’s National Security Division, U.S. Attorney Prim F. Escalona for the Northern District of Alabama and Special Agent in Charge Jonathan Carson of the U.S. Department of Commerce’s Bureau of Industry and Security, Office of Export Enforcement (OEE) Miami Office made the announcement.

The U.S. Department of Commerce’s Bureau of Industry and Security investigated the case in coordination with the FBI.

Assistant U.S. Attorneys Henry Cornelius and Jonathan “Jack” Harrington of the Northern District of Alabama and Trial Attorneys Emma Dinan Ellenrieder and Adam P. Barry of the National Security Division’s Counterintelligence and Export Control Section are prosecuting the case.  

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

Source: US FBI

BIRMINGHAM, Ala. – A federal jury today convicted a Birmingham woman for kidnapping and conspiracy to kidnap a minor victim, announced U.S. Attorney Prim F. Escalona and Federal Bureau of Investigation Acting Special Agent in Charge Felix A. Rivera-Esparra.

The jury returned its guilty verdict against Derick Irisha Brown, 32, after three days of testimony before Chief U.S. District Court Judge L. Scott Coogler.  Brown was convicted of one count of kidnapping and one count of conspiracy to kidnap a minor victim arising out of events which occurred in October 2019. The jury further found that the minor victim’s death resulted from the kidnapping and that Brown conspired with Patrick Stallworth. Stallworth faces life in prison.

According to evidence presented at trial, on October 12, 2019, Brown traveled in a Toyota Sequoia with co-conspirator Stallworth to the Tom Brown Village Housing Development located in Birmingham, Alabama and kidnapped 3-year-old Kamille “Cupcake” McKinney.  Her body was found 10 days later. 

“Last month, a jury convicted Patrick Stallworth and today, the jury convicted the other defendant charged with kidnapping this young child. Kamille McKinney’s loss is felt not only by her family, but also by our entire community,” U.S. Attorney Escalona said. “While these prosecutions cannot bring her back, Stallworth and Brown will never be able to threaten or harm another child. We thank  our local, state, and federal partners for their efforts to remove the threat posed by these dangerous criminals.”

“While I applaud today’s verdict, the only proper outcome in this matter would be to have Kamille returned to her family.” Acting SAC Rivera said. “Brown’s heinous actions cut short a precious life that can never be replaced. I continue to be grateful to the men and women in my office, along with our state, local and federal partners who worked tirelessly to bring Brown to justice.”

The Federal Bureau of Investigation and the Birmingham Police Department investigated the case, with assistance from the United States Marshals Service.  Chief of the Criminal Division Lloyd C. Peeples and Assistant U.S. Attorneys Blake Milner and Brittany Byrd prosecuted the case. 

Source: US FBI

TUSCALOOSA, Ala. – Two individuals pleaded guilty to charges today in related cases involving multi-million-dollar health care fraud conspiracies, announced U.S. Attorney Prim F. Escalona, Federal Bureau of Investigation Acting Special Agent in Charge Felix A. Rivera-Esparra, and U.S. Department of Health and Human Services, Office of Inspector General, Special Agent in Charge Tamala E. Miles. 

James Ewing Ray, 51, of Gadsden, pleaded guilty before Chief United District Court Judge L. Scott Coogler to one count of conspiracy to commit health care fraud. Ray owned Integrity Medical, LLC, a company through which he marketed health care items and services to medical providers. According to his plea agreement, between 2012 and 2018, Ray conspired with others to pay and receive kickbacks to induce medical providers to issue medically unnecessary prescriptions and order medically unnecessary goods and services, which were then billed to Medicare and other health insurers. One of those services was electro-diagnostic testing provided by a Huntsville-based electro-diagnostic testing company called QBR, or Diagnostic Referral Community. Ray received per-patient payments from QBR for inducing medical providers to order tests from QBR.

John Hornbuckle, 52, of Huntsville, also pleaded guilty before Chief United States District Court Judge L. Scott Coogler to one count of conspiracy to commit health care fraud and one count of conspiracy to receive kickbacks. Between 2012 and 2018, Hornbuckle owned QBR. According to the plea agreement in Hornbuckle’s case, QBR billed insurers millions of dollars for electro-diagnostic testing that its technicians performed, regardless of whether there was a medical need for them. Hornbuckle caused QBR to pay medical providers a per-patient fee for the tests they ordered from QBR that were reimbursed by insurers, including Medicare and other government health care programs. The payments were disguised as hourly payments for the provider’s time and the time of the provider’s staff, but the provider was actually paid a fee per patient who received a test.

The Ray and Hornbuckle cases are related to another case that resulted in convictions earlier this year. After a multi-week trial in February, a jury convicted a Tennessee doctor and his wife of kickback and health care fraud charges (among others). Dr. Mark Murphy, 65, and his wife Jennifer Murphy, 65, both of Lewisburg, Tennessee, owned and operated North Alabama Pain Services, which closed its Decatur and Madison offices in early 2017. According to court documents and evidence presented at trial, the Murphys took kickbacks from QBR of more than a million dollars. In return, Dr. Murphy ordered electro-diagnostic tests from QBR for his patients, regardless of whether there was a medical need for those tests. Before the Murphys went to trial, a co-defendant, Brian Bowman, 41, of Attalla, pleaded guilty to health care fraud conspiracy. According to Bowman’s plea agreement, Bowman marketed QBR’s electro-diagnostic testing to medical providers, and was paid a fee for each test they ordered. Bowman received nearly a million dollars in fees from QBR. Dr. Murphy, Jennifer Murphy, and Brian Bowman are all awaiting sentencing.

The maximum penalty for kickback conspiracy is five years in prison. The maximum penalty for health care fraud conspiracy is ten years in prison.

Sentencing dates for Ray and Hornbuckle have not yet been scheduled.

The FBI and HHS-OIG investigated the case. Assistant U.S. Attorneys J.B. Ward and Don Long are prosecuting the case.