Category: MIL-OSI

Source: US FBI

Tampa, FL – United States Attorney Gregory W. Kehoe announces that a federal jury has found Lino Mallari Gutierrez (59, Palm City), a/k/a “Joe Gutierrez,” guilty of conspiracy to commit health care and wire fraud, conspiracy to violate the federal anti-kickback statute, five substantive counts of health care fraud, and four substantive counts of payment of kickbacks in connection with a heath care program. After the jury verdict, the court remanded Gutierrez into custody. Gutierrez faces a maximum penalty of 20 years in federal prison. 

According to testimony and evidence presented at trial, Gutierrez and his co-conspirators owned and operated two durable medical equipment (DME) companies that collectively billed Medicare more than $10.9 million for medically unnecessary DME, of which more than $5 million was paid to Gutierrez and his co-conspirators. Gutierrez and his co-conspirators paid kickbacks to marketing companies in exchange for signed doctors’ orders for unnecessary braces, which Gutierrez and the co-conspirators then used to bill Medicare. The marketing companies used call centers to solicit Medicare patients and telemedicine companies to procure prescriptions for unnecessary braces for these patients. Gutierrez concealed his role in the scheme by putting the DME companies in the names of straw owners.

As part of the conspiracy to commit health care and wire fraud, Gutierrez also filed false records with his employer and a private regulatory organization to conceal his involvement in the DME companies. Gutierrez was in the process of establishing four more DME companies with additional straw owners—including Gutierrez’s mother and two of Gutierrez’s friends—when the U.S. Department of Health and Human Services – Office of Inspector General and the Federal Bureau of Investigation identified the DME fraud through a national operation, which began in the Middle District of Florida, and through which dozens of co-conspirators were identified, charged, and convicted. Prior to law enforcement action, Gutierrez had already taken multiple steps to use these additional DME companies to bill Medicare for additional fraudulent claims. After learning of law enforcement action, Gutierrez moved Medicare proceeds from his account into other bank accounts under his control.

This case was investigated by the U.S. Department of Health and Human Services – Office of Inspector General and the Federal Bureau of Investigation. It is being prosecuted by Assistant United States Attorney Jennifer Peresie and Trial Attorney Margaret Mortimer of the Department of Justice Criminal Division’s Fraud Section.

Source: US FBI

PROVIDENCE – Three Rhode Island men have been charged in federal court in Providence for their alleged roles in a conspiracy to steal and sell hundreds of thousands of dollars’ worth of catalytic converters, announced Acting United States Attorney Sara Miron Bloom.

Kuron Mitchell, 25, of Newport, Alberto Rivera, 25, of Cranston, and Luis Aceituno, 27, of Providence, are each charged by way of a federal criminal complaint with interstate transportation of stolen property in excess of $5,000 and conspiracy to commit the same. Additionally, Aceituno is charged with filing false tax returns.

According to charging documents, in January 2022, the Cranston Police Department began tracking patterns surrounding the thefts of catalytic converters. A criminal group was later identified as allegedly being responsible for more than 7,000 stolen catalytic converters in Southern New England and in the greater Boston area, valued at more than $2.4 million. It is alleged that many of the stolen catalytic converters were sold to a Providence company (identified in court documents as Company 1) that recycles catalytic converters. Depending on the model and type of precious metal component, the average scrap price for catalytic converters ranged from $300 to $1,500.

Charging documents reflect that from at least January 2021 until November 2022, Rivera, Aceituno, Mitchell, and others canvassed neighborhoods and parking lots in search of unoccupied vehicles from which they could steal catalytic converters. Working in groups, they allegedly targeted vehicles in Rhode Island and Massachusetts, cut off the catalytic converters, and sold many of them to Company 1.

An FBI analysis of Company 1’s databases seized during a court-authorized search of the business in February 2023, and a review of a database maintained by Rhode Island Attorney General Bureau of Criminal Identification, revealed that from 2021 to 2022, Rivera allegedly sold 19 catalytic converters and received $7,100; and Aceituno allegedly sold 2128 catalytic converters to Company 1 and received $699,735.

In addition to his alleged participation in the conspiracy to steal and sell catalytic converters, it is further alleged that Luis Aceituno failed to disclose to the IRS income derived from the sale of catalytic converters in tax years 2021 and 2022. It is alleged that for tax years 2021 and 2022, Aceituno failed to report a total of $699,735 in income and failed to pay a total of $199,908 due to the IRS.

Luis Aceituno appeared in U.S. District Court on Monday and was released on unsecured bond; Kuron Mitchell appeared in U.S. District on April 25, 2024, and was ordered released to home detention with GPS monitoring; Alberto Rivera is currently detained on charges unrelated to this matter.

A federal criminal complaint is merely an accusation. A defendant is presumed innocent unless and until proven guilty.

The case is being prosecuted by Assistant United States Attorneys Paul F. Daly, Jr., and Julie M. White.

The matter was investigated by the FBI, Cranston Police Department, Providence Police Department, IRS-Criminal Investigations, United States Marshal Service, National Insurance Crime Bureau, Newport Police Department, Fitchburg State University Police, Watertown Police Department, Canton Police Department, Attleboro Police Department, Fall River Police Department, and Department of Veterans Affairs- Office of Inspector General-Criminal Investigations Division.

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Source: US FBI

MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that John Ray Collins Jr., age 49, and Tambara Lorene Collins, age 38, of Okmulgee, Oklahoma, appeared in United States District Court for sentencing.

John Ray Collins Jr. was sentenced to 240 months in prison for one count of Attempted Murder, and 360 months each on two counts of Child Abuse, and 360 months for one count of Child Neglect.  The terms of imprisonment will run concurrently for a total of 30 years imprisonment, to be followed by a five year term of supervised release.

Tambara Lorene Collins, age 38, of Okmulgee, Oklahoma, was sentenced to 216 months in prison per count on two counts of Child Abuse, and 216 months in prison for one count of Child Neglect.  The terms of imprisonment will run concurrently for a total of 18 years imprisonment, to be followed by a five year term of supervised release.

The charges arose from an investigation by the Federal Bureau of Investigation, the Okmulgee County Sheriff’s Office, and the Muscogee (Creek) Nation Lighthorse Police.

On November 17, 2023, a federal jury convicted John Collins at trial of all counts.  On October 24, 2023, Tambara Collins entered a guilty plea to two counts of child abuse and one count of child neglect.

According to investigators, between January 1, 2023, and June 12, 2023, John and Tambara Collins repeatedly abused and failed to protect two children in their care.  The children sustained bruising and abrasions to the face, ears, back, legs, and feet.  In mid-June, John Collins escalated his abuse, beating one of the children with a pipe.  The child was then denied food, water, medical care, and sanitary living conditions.  The child suffered head lacerations, internal bleeding, a broken arm, broken fingers, and traumatic skeletal muscle deterioration before rescuers were able to remove the children from the Collins residence.

The crimes occurred in Okmulgee County, within the boundaries of the Muscogee (Creek) Nation Reservation, within the Eastern District of Oklahoma.

“The suffering these innocent children endured at the hands of two people who were supposed to love and care for them is horrific and unconscionable,” said FBI Oklahoma City Special Agent in Charge Doug Goodwater.  “The FBI is proud to have been part of the investigative team that helped put John and Tambara Collins behind prison bars where they undoubtedly belong.”

“The defendants subjected children in their care to unthinkable abuse and neglect, and I am thankful for the collaborative work of county, tribal, and federal investigators and federal prosecutors in securing convictions and significant sentences in this case,” said United States Attorney Christopher J. Wilson.

The Honorable John F. Heil, III, U.S. District Judge in the United States District Court for the Eastern District of Oklahoma, presided over the hearing.  The defendants will remain in the custody of the U.S. Marshals Service pending transportation to a designated United States Bureau of Prisons facility to serve a non-paroleable sentence of incarceration.

Assistant U.S. Attorneys Caila M. Cleary and Sarah McAmis represented the United States.

Source: US FBI

TULSA, Okla. – Today, U.S. District Judge John D. Russell sentenced Teddy Lee Martin, 63, for Robbery in Indian Country and Assault with Intent to Commit a Felony in Indian Country. Judge Russell ordered Martin to be sentenced to 78 months imprisonment, followed by three years of supervised release, and to pay $6,000 in restitution.

“Martin was a threat to our community, and behind bars is the best place for him,” said U.S. Attorney Clint Johnson. “This case is an excellent example of law enforcement using technology and working with prosecutors towards the same goal. With their swift action, Martin was in custody and off the streets.”

In August 2023, Creek County Sheriff’s deputies were dispatched to a home in Sapulpa. Upon arrival, the 85-year-old victim told deputies that a masked man, later identified as Martin, entered the house with a handgun, demanded money, and threatened to kill the victim if she did not cooperate. Martin stole jewelry and physically assaulted the victim before leaving the home.

Neighborhood video surveillance and FLOCK cameras show Martin fleeing in a vehicle from the area. Law enforcement shared the vehicle information that Martin was seen fleeing in. Tulsa Police officers pulled over the vehicle and confirmed with Creek County that the vehicle occupants matched the description of the suspects seen fleeing the home.

Upon searching the vehicle, law enforcement found some of the jewelry taken from the home, the mask and the clothing seen on video footage.

Investigators discovered that Morgan Turley was driving the vehicle away from the victim’s home. In December, she pled guilty in State Court for conspiring to commit robbery with Martin and falsely impersonation when she gave officers the incorrect name.

Martin is a citizen of the Cherokee Nation, and he will remain in custody pending transfer to the U.S. Bureau of Prisons.

The FBI, Creek County Sheriff’s Office, and the Tulsa Police Department investigated the case. Assistant U.S. Attorney Scott Dunn prosecuted the case.

Source: US FBI

TULSA, Okla. – Two Tulsans were sentenced for selling illegal drugs on the dark web that were purchased from China, announced U.S. Attorney Clint Johnson.

U.S. District Judge Sara E. Hill sentenced Aaron Michael Thomas, 42, for Introduction of Misbranded Drug into Interstate Commerce, Maintaining a Drug-Involved Premises for the distribution of Pregabalin, and Possession of Child Pornography. Judge Hill ordered Thomas to 78 months imprisonment followed by 10 years of supervised release.

According to court documents, in 2022, the Food and Drug Administration Office of Criminal Investigation and the U.S. Postal Inspection Service opened an investigation into an illegal vendor selling drugs on the dark web. The vendor was suspected to be one of the largest illegal prescription drug vendors in the country. Drugs were being sold without the requirement of a prescription, and paid for via cryptocurrency. They were packaged with misleading and false labeling and did not have warnings or directions for safe use.

Law enforcement discovered the packages were being shipped by Thomas and his co-defendant, Darren Doil Means, from their home in Tulsa. Undercover agents successfully made three undercover purchases. In October 2023, law enforcement executed a search warrant where agents seized more than 270 pounds of 21 different drugs or active pharmaceutical ingredients, including pregabalin and xylazine.

Thomas and Means had a room outfitted as a packaging and distribution center for their operation. Agents also found encapsulating devices for making drug capsules and misleading drug labels. The electronic devices recovered showed that Thomas illegally purchased all of the drugs from vendors in the People’s Republic of China and that he took deliberate steps to avoid detection by U.S. Customs when shipping the drugs into the United States. Additionally, the agents discovered numerous images of children engaging in sexually explicit conduct.

Means, 59, pled guilty to Introduction of Misbranded Drug into Interstate Commerce and Maintaining a Drug-Involved Premises. In January 2025, Judge Hill sentenced Means to three years of probation.

Thomas will remain in custody pending transfer to the U.S. Bureau of Prisons.

The Food and Drug Administration (FDA) – Office of Criminal Investigations, U.S. Postal Inspection Service, FDA Office of Chief Counsel, Consumer Protection Branch, Tulsa Police Department, Homeland Security Investigations, and FBI Joint Criminal Opioid Darknet Enforcement investigated the case. Assistant U.S. Attorneys Nathan E. Michel, Aaron M. Jolly, and Reagan V. Reininger prosecuted the case.

Source: US FBI

McALLEN, Texas – A 41-year-old Mercedes resident has been sentenced for downloading child sexual abuse material (CSAM) using a peer-to-peer program, announced U.S. Attorney Nicholas J. Ganjei.

Armando Jose Flores Jr. pleaded guilty July 10, 2024, to receipt of child pornography.  

U.S. District Judge Drew B. Tipton has now sentenced Flores to 121 months in federal prison. At the hearing, the court heard additional information including information detailing how Flores downloaded and stored 90 GB of CSAM across five devices. The material included over 4,500 images/videos which contained bondage, bestiality and infants/toddlers. Flores will also serve five years on supervised release following the completion of his prison term. During that time, he will have to comply with numerous requirements designed to restrict his access to children and the internet. Flores will also be ordered to register as a sex offender. Restitution will be determined at a later date. 

On Jan. 9, 2024, law enforcement identified a computer making videos of CSAM available for download through a peer-to-peer file-sharing program. Several videos were downloaded and found to depict prepubescent children engaged in sexually explicit conduct. The computer’s IP address was registered to an address belonging to Flores in Mercedes.    

In February 2024, authorities executed a federal search warrant at his residence and seized four electronic devices. Each contained CSAM downloaded between approximately May 1, 2022, and Oct. 31, 2022.

Flores admitted to using a peer-to-peer file-sharing program on his computer to download and receive material that contained child pornography at his home. He stated he had been accessing child pornography through peer-to-peer networks for multiple years. 

He will remain in custody pending transfer to a Federal Bureau of Prisons facility to be determined in the near future.

FBI conducted the investigation. 

Assistant U.S. Attorney Alexa D. Parcell is prosecuting the case, which was brought as part of Project Safe Childhood (PSC), a nationwide initiative the Department of Justice (DOJ) launched in May 2006 to combat the growing epidemic of child sexual exploitation and abuse. U.S. Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section leads PSC, which marshals federal, state and local resources to locate, apprehend and prosecute individuals who sexually exploit children and identifies and rescues victims. For more information about PSC, please visit DOJ’s PSC page. For more information about internet safety education, please visit the resources tab on that page. 

Source: US FBI

TULSA, Okla. – A man from Kansas, Oklahoma, was sentenced today for two counts of Aggravated Sexual Abuse of a Minor Under 12 in Indian Country, Aggravated Abuse of a Minor by Force and Threat in Indian Country, and Coercion and Enticement of a Minor, announced U.S. Attorney Clint Johnson.

U.S. District Judge Gregory K. Frizzell sentenced Sequoyah Jo Hinzo, 30, of Kansas, Oklahoma, to 480 months, followed by lifetime supervised release. Upon release, Hinzo will be required to register as a sex offender.

According to court documents, from 2020 through 2022, Hinzo sexually abused three children, who were 6, 9, and 13 years old. Additionally, Hinzo created fake social media accounts to entice a minor child to send him sexually explicit photos.

Hinzo is a citizen of the United Keetoowah Band of Cherokee Indians, and he will remain in custody pending transfer to the U.S. Bureau of Prisons.

The FBI, Kansas Police Department, and the Cherokee Nation Marshal Service investigated the case. Assistant U.S. Attorneys George Jiang and Valeria Luster prosecuted the case.

This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by U.S. Attorneys’ Offices and CEOS, Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit Justice.gov/PSC.

Source: US FBI

TULSA, Okla. – Today, U.S. District Judge Sara E. Hill sentenced Damon Michael Dozier, 41, for Sexual Abuse of a Minor in Indian Country. Judge Hill ordered Dozier imprisoned for 180 months, followed by 15 years of supervised release. Upon release, he will be required to register as a sex offender.

In June 2023, Dozier took a minor child behind a shopping mall to engage in sexually explicit activity. Dozier admitted that he knew the child was only 13 years old.

Dozier is a citizen of the Muscogee (Creek) Nation and will remain in custody pending transfer to the U.S. Bureau of Prisons. The FBI and Tulsa Police Department investigated the case, and Assistant U.S. Attorneys Stephen Scaife and Steve Briden prosecuted the case.

This case was brought as part of Project Safe Childhood (PSC), a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. U.S. Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section leads PSC, which marshals federal, state and local resources to locate, apprehend and prosecute individuals who sexually exploit children and identifies and rescues victims. For more information about PSC, please visit DOJ’s PSC page. For more information about internet safety education, please visit the resources tab on that page. 

Source: US FBI

The U.S. Attorney’s Office unsealed a second superseding indictment against 18 members and associates of a Cleveland-based violent street gang.

Source: US FBI