Two Indicted for $9.4 Million Fraud Against AHCCCS’s Insurance Program for Native Americans

Source: US FBI

PHOENIX, Ariz. – Earlier this month, a federal grand jury in Phoenix returned a 30-count indictment against Kenneth Harrison, 44, and Courtney Haywood, 38, of Las Vegas, Nevada on 30 felony counts related to their Arizona-based company, Aurtism, LLC, which was used to defraud the Arizona Health Care Cost Containment System (AHCCCS) of over $9.4 million. Harrison and Haywood made their initial appearances on the charges in federal court in Phoenix Wednesday.

The indictment alleges that Harrison and Haywood committed conspiracy, healthcare fraud, money laundering, and aggravated identity theft by using Aurtism to fraudulently bill AHCCCS’s American Indian Health Program for mental health services they claimed were provided to indigent Native Americans during 2020 and 2021. The indictment alleges that, in addition to overbilling for patients that Aurtism treated, Harrison and Haywood billed for patients Aurtism never treated—such as those who received treatment in residential facilities, were in prison or jail, or deceased. Aurtism billed AHCCCS for more than $9.4 million in less than two years. Of the payments received from AHCCCS, Harrison spent $2.7 million on residential real estate, $763,000 on luxury cars, and nearly $1 million on retail purchases and travel. Haywood spent much of the $3.4 million he received from the AHCCCS payments on real estate, cars, retail purchases, and travel.

A conviction for conspiracy carries a maximum penalty of five years in prison, a conviction for healthcare fraud or money laundering carries a maximum penalty of 10 years in prison, and a conviction for aggravated identity theft carries a mandatory two years in prison. Each conviction also carries a maximum fine of up to twice the amount of financial loss to AHCCCS and mandates full restitution to AHCCCS.

An indictment is simply a method by which a person is charged with criminal activity and raises no inference of guilt. An individual is presumed innocent until evidence is presented to a jury that establishes guilt beyond a reasonable doubt.

The Federal Bureau of Investigation conducted the investigation in this case with assistance from IRS Criminal Investigation. The United States Attorney’s Office, District of Arizona, Phoenix, is handling the prosecution.

CASE NUMBER:           CR-24-00393-PHX-MTL
RELEASE NUMBER:    2024-039_Harrison

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For more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az/
Follow the U.S. Attorney’s Office, District of Arizona, on X @USAO_AZ for the latest news.

Las Vegas-Area Accountant Sentenced to Prison for Bribery and Tax Fraud

Source: US FBI

LAS VEGAS – A Nevada man was sentenced Wednesday to 13 months in prison for his role in separate bribery and tax fraud conspiracies.

According to court documents and statements made in court, Dustin M. Lewis, of Henderson, was a certified public accountant employed by Las Vegas-based accounting firm L.L. Bradford & Company. Beginning in February 2015 through about February 2016, Lewis conspired with and paid a public official with the U.S. Department of Interior’s Bureau of Reclamation (USBR) more than $150,000 in bribes and kickbacks. In exchange for those payments, Lewis’ co-conspirator, who was a member of a selection committee responsible for awarding government contracts to perform auditing services for USBR programs, steered an audit contract to L.L. Bradford.

Lewis and his co-conspirator also conspired to file a false 2013 corporate tax return and other tax forms on behalf of six business entities that collectively claimed over $11 million in fraudulent business deductions. Lewis’ conduct caused a tax loss to the IRS of more than $1.5 million.             

In addition to his prison sentence, U.S. District Judge Andrew P. Gordon for the District of Nevada ordered Lewis to serve three years of supervised release and to pay approximately $704,002 in restitution. The court also imposed a criminal forfeiture money judgment against Lewis in the amount of $704,002.

Acting Deputy Assistant Attorney General Stuart M. Goldberg of the Justice Department’s Tax Division and U.S. Attorney Jason M. Frierson for the District of Nevada made the announcement.

IRS Criminal Investigation, the FBI and the U.S. Department of Interior’s Office of Inspector General investigated the case.

Trial Attorney Patrick Burns of the Justice Department’s Tax Division and Assistant U.S. Attorney Steven Myhre for the District of Nevada prosecuted the case.

Northern Nevada Man Sentenced to Prison for Assaulting a Tribal Police Officer

Source: US FBI

RENO – A Northern Nevada resident was sentenced Tuesday by United States District Judge Larry R. Hicks to 63 months in prison to be followed by three years of supervised release for assaulting a law enforcement officer with a dangerous weapon.

In September 2023, a jury convicted Gelasio Johnson Guerrero (36) of two counts of assault with a dangerous weapon within Indian Country.

According to court documents, on July 10, 2022, Guerrero assaulted a tribal law enforcement officer with a firearm and metal object while on the Walker River Indian Reservation. As a result of the assault, the Walker River Tribal Police Department officer suffered a gunshot wound to the leg.

United States Attorney Jason M. Frierson for the District of Nevada and Special Agent in Charge Spencer L. Evans for the FBI made the announcement.

The FBI investigated the case. Assistant United States Attorneys Andrew Keenan and Penelope Brady prosecuted the case.

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Laveen Man Sentenced to 15 Years for Abusive Sexual Contact of a Minor

Source: US FBI

PHOENIX, Ariz. – Fred Damien Acunia, 27, of Laveen, a member of the Gila River Indian Community, was sentenced last week by U.S. District Judge Susan M. Brnovich to 188 months in prison, followed by lifetime supervised release.  

Between November 26, 2020, and November 25, 2021, Acunia engaged in sexual contact with the victim, who was under the age of 12 years old at the time of the offense. Acunia pleaded guilty to Abusive Sexual Contact of a Minor on August 14, 2023.       

The Federal Bureau of Investigation and Gila River Police Department conducted the investigation in this case. Assistant U.S. Attorneys Raynette Logan and Vinnie Lichvar, District of Arizona, Phoenix, handled the prosecution.
 

CASE NUMBER:           CR-22-01692-PHX-SMB
RELEASE NUMBER:    2024-038_Acunia

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For more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az/
Follow the U.S. Attorney’s Office, District of Arizona, on X @USAO_AZ for the latest news.

Las Vegas Doctor Convicted of Unlawful Distribution of Opioid Medications

Source: US FBI

LAS VEGAS — A federal jury in Las Vegas convicted a Las Vegas doctor Tuesday of unlawfully distributing opioid pain medications in violation of the Controlled Substances Act.

According to court documents and evidence presented at trial, Dr. William Alvear (68), of Las Vegas, unlawfully distributed Hydrocodone without a legitimate medical purpose and outside the usual course of professional practice. Hydrocodone, a Schedule II controlled substance, has a high potential for abuse and can lead to severe psychological or physical dependence. In addition, Alvear unlawfully distributed and dispensed Alprazolam, common brand name Xanax. Alprazolam is a Schedule IV controlled substance that also has the potential for abuse and can lead to psychological or physical dependence.

The jury convicted Alvear of three-counts of distributing a controlled substance – Schedule II and five-counts of distributing or dispensing a controlled substance – Schedule IV. The six-day jury trial was held before U.S. District Judge Cristina D. Silva.

Alvear faces a statutory maximum sentence of 20 years imprisonment, a fine of $1,000,000, and three years of supervised release. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

United States Attorney Jason M. Frierson for the District of Nevada and Special Agent in Charge Spencer L. Evans for the FBI made the announcement.

The FBI investigated the case. Assistant U.S. Attorneys Supriya Prasad and Kimberly Sokolich are prosecuting the case.

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Florida Resident Indicted in Murder-for-Hire Plot and Conspiracy to Witness Tamper

Source: US FBI

LAS VEGAS – A Florida man was arrested and made his initial court appearance Tuesday in connection with an alleged murder-for-hire plot to kill a filmmaker and conspiracy to prevent a witness from testifying in his criminal trial.

Fereidoun Khalilian, also known as “Prince Fred” and “Fred,” 51, was charged by indictment with one count of use of interstate commerce facilities in the commission of murder-for-hire and one count of conspiracy to witness tamper. United States Magistrate Judge Elayna Youchah scheduled a trial date for February 5, 2024.

According to allegations contained in the indictment, from about March 16, 2023, to about March 21, 2023, Khalilian left multiple threatening voice messages for a filmmaker in part to stop the filmmaker from producing a documentary about him. Khalilian believed his ongoing business dealings would be undermined if the documentary was made. It is also alleged that, from about January 28, 2023, to about March 17, 2023, Khalilian employed his bodyguard and others to surveil and assault the filmmaker and steal the filmmaker’s documentary equipment. Khalilian then hired his bodyguard to kill the filmmaker in a murder-for-hire plot. The bodyguard resided in Clark County, Nev., and was expected to testify against Khalilian at his murder-for-hire trial in the Central District of California.

Further alleged, from about August 17, 2023, to about September 12, 2023, Khalilian — who was incarcerated pending his trial in California — instructed friends and family to persuade a witness to recant prior statements and to change the witness’ testimony.

If convicted, the maximum statutory penalty is 10 years in prison, three years of supervised release, a $250,000, and a $100 special assessment, for use of interstate commerce facilities in the commission of murder-for-hire; and 20 years in prison, three years of supervised release, a $250,000, and a $100 special assessment, for conspiracy to witness tamper.

United States Attorney Jason M. Frierson for the District of Nevada and Special Agent in Charge Spencer L. Evans for the FBI made the announcement.

This case was investigated by the FBI. Assistant United States Attorneys Jeremiah Levine and Sara Vargas with the Central District of California, and an Assistant United States Attorney with the District of Nevada are prosecuting the case.

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

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Ontario County Man Pleads Guilty to Child Pornography Charges

Source: US FBI

ROCHESTER, N.Y.-U.S. Attorney Trini E. Ross announced today that Eric Passalacqua, 37, of Phelps, NY, pleaded guilty to receipt and distribution of child pornography before U.S. District Judge Frank P. Geraci. The charges carry a minimum penalty of five years in prison, a maximum penalty of 40 years, and a $250,000 fine.

Assistant U.S. Attorney Kyle P. Rossi, who is handling the case, stated that on January 20, 2023, the FBI in Rochester received information from the FBI in Anchorage Alaska, that an individual located in Phelps, NY, may have been responsible for exchanging child pornography with an individual in Alaska. Subsequent investigation determined that individual was Passalacqua. On January 24, 2023, a search warrant was executed at Passalacqua’s Phelps residence. A forensic examination of his phone recovered over 600 images of child pornography, including images that Passalacqua produced depicting a minor victim. Passalacqua also admitted to producing images of another minor victim.

The conviction is the result of an investigation by the Federal Bureau of Investigation Child Exploitation Human Trafficking Task Force, under the direction of Special Agent-in-Charge Matthew Miraglia and the Anchorage Office of the FBI, under the direction of Special Agent-in-Charge Antony A. Jung.

Sentencing is scheduled for August 24, 2023, before Judge Geraci.

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Nevada Man Indicted for Making Threats to United States Senators

Source: US FBI

LAS VEGAS – A federal grand jury returned a three-count indictment on November 21, 2023, charging a Las Vegas man with threatening a United States Senator from Nevada and threatening family members of two United States Senators.

John Anthony Miller (43) is charged with one-count of threatening a federal official and two-counts of influencing, impeding, or retaliating against a federal official by threatening a family member. United States Magistrate Judge Elayna J. Youchah ordered that Miller remain in custody pending trial. A jury trial has been scheduled for January 23, 2024, before United States District Judge Jennifer A. Dorsey.

According to allegations contained in court documents, on October 17, 2023, Miller left numerous threatening voicemails at the office of a United States Senator. Miller threatened to assault and murder the United States Senator with intent to impede, intimidate, and interfere with the United States Senator while engaged in the performance of official duties, or with intent to retaliate against the United States Senator on account of the performance of official duties.

Furthermore, the following week, on October 24 and October 25, Miller threatened to assault and murder a member of the immediate family of two United States Senators, with intent to impede, intimidate, and interfere with United States Senators while engaged in the performance of official duties, and with intent to retaliate against the United States Senators on account of the performance of official duties.

If convicted, the maximum statutory penalty is 10 years in prison.

Miller was arrested on October 26, 2023, and first appeared on an amended criminal complaint on October 27, 2023.

United States Attorney Jason M. Frierson for the District of Nevada and Special Agent in Charge Spencer L. Evans for the FBI Las Vegas Division made the announcement.

This case was investigated by the FBI Las Vegas Division with valuable assistance provided by the Las Vegas Metropolitan Police Department, the U.S. Marshals Service, and the U.S. Capitol Police. Assistant United States Attorney Jacob Operskalski is prosecuting the case.

To report suspected threats or violent acts, contact the FBI at 1-800-CALL-FBI (225-5324) or file an online complaint at www.tips.fbi.gov. If someone is in imminent danger or risk of harm, contact 911 or your local police immediately.

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

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Anchorage Inmate Indicted for Orchestrating Purchase of Firearms with Oregon Woman

Source: US FBI

ANCHORAGE – A federal grand jury in Alaska returned an indictment last week, charging an Oregon man and woman with conspiracy to straw purchase firearms while the man was in prison.

According to the indictment, Dominique Kyle James Swain, 25, was arrested in Oregon in January 2022 for violating his supervised release from a previous federal criminal case in the District of Alaska.  He was transported from Oregon to Alaska following his arrest. As a convicted felon, Swain was prohibited from purchasing and possessing firearms. While he was in custody in Anchorage, Swain orchestrated and directed Abigail Corinne Elaine Sturdevant, 25, who was in Oregon at the time, to purchase firearms on his behalf. Sturdevant agreed and throughout July and August 2022, she purchased several specific models of firearms at Swain’s direction, falsely claiming she was the actual buyer when they both knew the firearms were purchased for Swain.  It is alleged that Swain was on the phone with Sturdevant as they made the firearm purchases. Sturdevant then stored the purchased firearms at her residence for Swain.  

Swain and Sturdevant are each charged with one count of conspiracy to straw purchase firearms. Swain is further charged with one count of being a felon in possession of firearms. If convicted, each faces a maximum penalty of 15 years in prison. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

U.S. Attorney S. Lane Tucker of the District of Alaska made the announcement.

The Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), with the assistance of the Federal Bureau of Investigations (FBI) and Eugene Police Department, are investigating the case.

Assistant U.S. Attorney George Tran is prosecuting the case.

This case is part of Project Safe Neighborhoods (PSN), the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.

An indictment 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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Anchorage Man Indicted on Federal Guns and Drug Charges

Source: US FBI

ANCHORAGE – A federal grand jury in Alaska returned an indictment charging an Anchorage man with possession of fentanyl, heroin, methamphetamine, and multiple firearms.

According to the indictment, Paul Thomas Baldwin Jr., 32, possessed with the intent to distribute over 40 grams of fentanyl and 100 grams of heroin in September 2022.  Between March 22 and April 21, 2023, he again possessed with the intent to distribute over 40 grams of fentanyl, 100 grams or more of heroin, and more than 50 grams of methamphetamine. It is alleged that Baldwin also possessed over $25,000 in cash that was involved in the drug offenses. Baldwin, who has a prior serious drug felony conviction and is prohibited from possessing firearms, was also charged with possessing two pistols.

The defendant is scheduled for his court appearance on May 24, 2023, before United States Magistrate Judge Kyle F. Reardon of the United States District Court of Alaska.  If convicted, based on his prior conviction for a serious drug felony, he faces a mandatory minimum of 15 years in prison.  A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors. 

U.S. Attorney S. Lane Tucker of the District of Alaska made the announcement.

The Federal Bureau of Investigations (FBI), the Drug Enforcement Administration (DEA), Anchorage Police Department (APD), and Alaska State Troopers (AST) are investigating the case.

Assistant U.S. Attorney George Tran is 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.

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