Owner of South Gate-Based Tattoo Removal Business Pleads Guilty to Health Care Fraud Scheme That Recruited Paraplegics

Source: US FBI

LOS ANGELES – The owner of a tattoo removal business in South Gate pleaded guilty today to federal criminal charges for recruiting paraplegics in a health care fraud scheme that netted more than $1.7 million and for cheating on his taxes.

Joseph Tusia, 60, of Leominster, Massachusetts, pleaded guilty to a two-count information charging him with health care fraud and tax evasion.

According to his plea agreement, Tusia operated a laser tattoo removal business in South Gate and 10 durable medical equipment supply companies (DMEs) in California, Nevada, and Massachusetts. Tusia controlled the tattoo removal companies and the DMEs but intentionally withheld his name from bank accounts and state registrations to evade tax liability.

On December 30, 2015, Tusia and a co-schemer submitted an application to Anthem Blue Cross (“Anthem”) for a small group health insurance plan. Anthem’s small group plan permitted benefits and health coverage for permanent employees who worked full-time. Despite the eligibility requirements, Tusia caused to be submitted to Anthem the names of nine individuals purported to be full-time employees of Tattoo Removal and a person who was a dependent of the Tusia. None of these purported employees were employed by Tattoo Removal or eligible for health insurance coverage under Tattoo Removal’s plan with Anthem. 

According to his plea agreement, Tusia identified the Purported Tattoo Removal Employees from his friends and associates who were paraplegic and required medical supplies, knowing and expecting that the Purported Tattoo Removal Employees would purchase their medical supplies from the DMEs that were controlled by Tusia and his associates.

From March 2016 to June 2020, Tusia and his co-schemers submitted fraudulent claims to Anthem on behalf of the DMEs for medical supplies provided to the purported employees, knowing that none of them were eligible for coverage. As a result of these fraudulent claims, Anthem paid the DMEs controlled by Tusia approximately $1,731,215.

Tusia also admitted in his plea agreement to knowingly and willfully failing to report income he received from the DMEs in tax years 2017 through 2020, totaling more than $1,573,644. Tusia admitted that he failed to pay tax to the IRS and that he took affirmatives steps to evade paying taxes, such as by creating the DMEs and opening bank accounts for the DMEs in the names of his associates and co-schemers.

United States District Judge George Wu scheduled a December 5 sentencing hearing, at which time Tusia will face a statutory maximum sentence of 10 years in federal prison on the health care fraud count, and up to five years in federal prison for the tax evasion count.

The United States Department of Labor – Employee Benefits Security Administration, the FBI, and IRS Criminal Investigation are investigating this matter.

Assistant United States Attorney Jeff Mitchell of the Major Frauds Section is prosecuting this case.

Cheektowaga Man Pleads Guilty to Child Pornography Charge

Source: US FBI

BUFFALO, N.Y. – U.S. Attorney Trini E. Ross announced today that John Stuart, 35, of Cheektowaga, NY, pleaded guilty before U.S. Magistrate Judge Jeremiah J. McCarthy to possession of child pornography involving a prepubescent minor, which carries a maximum penalty of 20 years in prison, and a fine of $250,000.

Assistant U.S. Attorney David J. Rudroff, who is handling the case, stated that in August 2019, the FBI received a lead indicating that in May 2019, an online user accessed child sexual abuse and exploitation material via a website on the Tor network. Subsequent investigation traced the IP address to Stuart. In October 2020, a search warrant was executed at Stuart’s residence, during which law enforcement seized multiple electronic devices, including two laptop computers, a cell phone, a hard drive, and a desktop computer tower. A forensic review recovered approximately 8,000 videos and approximately 2,000 images of child pornography on one of the laptops, and approximately 150 images and one video of child pornography on the second laptop. Approximately 90 images and 150 videos of child pornography were recovered from the cell phone and approximately 90 images and two videos on the hard drive. Some of the images included depictions of violence against children.

Stuart also admitted during his plea that during the execution of the search warrant, law enforcement recovered live marijuana plants, more than a pound of dried marijuana ready for consumption, and that he was a chronic user of marijuana. Stuart was also found to be in possession of three firearms. Because he was a user of controlled substances, Stuart was legally prohibited from owning or possessing firearms.

The plea is the result of an investigation by the Federal Bureau of Investigation, Child Exploitation Task Force, under the direction of Special Agent-in-Charge Matthew Miraglia, and the Cheektowaga Police Department, under the direction of Chief Brian Coons. 

Sentencing will be scheduled at a later date.    

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Former Syrian Prison Official Charged with Immigration Fraud

Source: US FBI

LOS ANGELES – A former Syrian government official was indicted today for allegedly lying to United States immigration authorities about his time running a Syrian prison where prisoners, including political dissidents, were physically mistreated.

Samir Ousman Alsheikh, 72, of Lexington, South Carolina, is charged with one count of obtaining, using, and possessing a green card that was procured through false statements and one count of attempted naturalization fraud.

Alsheikh was arrested on a federal criminal complaint on July 10 at Los Angeles International Airport and remains in federal custody. His arraignment is scheduled for August 16 in United States District Court in downtown Los Angeles.

“Samir Alsheikh attempted to settle in Southern California after allegedly participating in grave abuses while part of the Assad regime in Syria,” said United States Attorney Martin Estrada. “His indictment sends a clear message that those who seek immigration benefits in our country after having previously committed human rights violations will find no shelter here.”

According to court documents, Alsheikh was a Syrian government official who held a variety of positions in the Syrian police and the Syrian state security apparatus, and was associated with the Syrian Ba’ath Party, the totalitarian party that ruled Syria.

He allegedly served as the head of Damascus Central Prison (colloquially known as “Adra Prison”) from approximately 2005 to 2010. As described in the indictment, political dissidents and other prisoners were severely physically abused at Adra Prison during Alsheikh’s tenure there. The indictment further alleges that Alsheikh was subsequently appointed governor of the province of Deir Ez-Zour by Syrian President Bashar al-Assad.

Alsheikh allegedly concealed his employment at the prison, persecution of any person because of political opinion, and involvement in harming others when he applied for U.S. citizenship in 2023. He allegedly made similar false statements when applying for a visa that enabled him to enter the United States in 2020, become a lawful permanent resident, and obtain a green card.

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

If convicted, Alsheikh faces a maximum penalty of 10 years in federal prison.

HSI and the FBI are investigating the case, with support from U.S. Citizenship and Immigration Services and the HSI-led Human Rights Violators and War Criminals Center (HRVWCC).

Assistant United States Attorney Joshua O. Mausner of the Violent and Organized Crime Section and Justice Department Trial Attorneys Patrick Jasperse and Alexandra Skinnion of the Criminal Division’s Human Rights and Special Prosecutions Section are prosecuting the case. The Justice Department’s Office of International Affairs also provided assistance.

Members of the public who have information about human rights violators in the United States are urged to contact U.S. law enforcement through the FBI tip line at 1-800-CALL-FBI or the HSI tip line at 1-866-DHS-2-ICE, or complete the FBI online tip form or the ICE online tip form.

Grand Jury Indicts Prior Felon on Drug and Gun Charges

Source: US FBI

BUFFALO, N.Y. – U.S. Attorney Trini E. Ross announced today that a federal grand jury has returned a three-count indictment charging Robert L. Robinson with possession with intent to distribute cocaine,  possession with intent to distribute cocaine, possession of firearms in furtherance of drug trafficking, and being a felon in possession of firearms. The charges carry a maximum penalty of life in prison.

Assistant U.S. Attorney Louis A. Testani, who is handling the case, stated that according to the indictment and a previously filed complaint, on June 7, 2024, law enforcement executed a search warrant at Robinson’s Buffalo residence. During the search, investigators recovered quantities of suspected cocaine and marijuana, $35,869.00 in cash, two firearms, ammunition, and drug paraphernalia. One of the firearms was reported as a duty weapon stolen from a member of the Miami Dade Police Department on July 18, 2019. After the execution of the search warrant, Robinson was taken into custody.

Robinson was previously convicted of felony crimes in 2003 and 2011 and is legally prohibited from possessing firearms.

The indictment is the result of an investigation by the Federal Bureau of Investigation, Child Exploitation Task Force, under the direction of Special Agent-in-Charge Matthew Miraglia, and the Erie County Sheriff’s Office, under the direction of Sheriff John Garcia. 

The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.

Compton Man Sentenced to More Than 10 Years in Prison for Leading Ring That Trafficked Cocaine from California to Alaska

Source: US FBI

LOS ANGELES – A Compton man was sentenced today to 127 months in federal prison for leading a Southern California-based drug trafficking organization that shipped kilogram quantities of cocaine to Alaska via commercial flights and U.S. mail.

Raul Cisneros Jr., 46, was sentenced by United States District Judge Fernando M. Olguin.

Cisneros pleaded guilty May 9 to one count of possession with intent to distribute cocaine. He has been in federal custody since October 2020 and was the final defendant to plead guilty to criminal charges in this case.

From at least July 2014 to August 2016, Cisneros managed the operations of a drug trafficking outfit that sold cocaine and methamphetamine to customers.

In October 2015, law enforcement stopped Cisneros in his car while he was en route to an accomplice’s home to pick up money. In his car, Cisneros possessed approximately $5,003 in cash, which were drug proceeds. He also possessed approximately 10 kilograms (22.1 pounds) of cocaine packaged in five separate bundles, which he intended to sell to customers.

After obtaining a search warrant for Cisneros’ home, law enforcement seized from Cisneros’ kitchen cabinets approximately 30.7 kilograms (66.1 pounds) of cocaine, approximately 167.7 grams of crack cocaine, and approximately 3.6 kilograms (1.1 pounds) of methamphetamine. Law enforcement also found hundreds of used empty green cellophane wrappers and a money counter, which Cisneros used to facilitate his drug distribution operation.

Law enforcement also seized from Cisneros’ kitchen four firearms and 72 rounds of ammunition during this search.

In total, agents recovered $568,357 in cash proceeds from drug deals and – in the trunk of Cisneros’ white Honda Accord vehicle, which was parked in the driveway of his residence – approximately 7.02 kilograms (15.5 pounds) of cocaine wrapped in seven packages of green cellophane stashed inside a bag. Cisneros intended to distribute the cocaine to others as part of his drug trafficking operation.

Federal prosecutors secured eight convictions in this matter.

The High Intensity Drug Trafficking Area (HIDTA) Southern California Drug Task Force (SCDTF) consisting of the FBI and the Drug Enforcement Administration investigated this matter.  Substantial assistance was provided by the Los Angeles County Sheriff’s Department.  This investigation was conducted with the support of the Organized Crime Drug Enforcement Task Force (OCDETF).

Assistant United States Attorneys Kathy Yu, Chief of Ethics and Post-Conviction Review, and Chelsea Norell of the Violent and Organized Crime Section prosecuted this case.

This case 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 https://www.justice.gov/OCDETF.

Prior Felon Going to Prison on New Child Pornography Charge

Source: US FBI

BUFFALO, N.Y.-U.S. Attorney Trini E. Ross announced today that Scott Millar 55, of Buffalo, NY, who was convicted of possession of child pornography, was sentenced to serve 138 months in prison by U.S. District Judge Richard J. Arcara.

Assistant U.S. Attorney Michael DiGiacomo, who handled the case, stated in July 2023, Millar was under the supervision of the United States Probation Department based on a 2009 conviction for possessing child pornography. A condition of his supervision was that he was not allowed to commit another criminal offense. A probationary search of Millar’s telephone revealed images and videos of child pornography. 

The sentencing is the result of an investigation by the Federal bureau of Investigation, under the direction of Special Agent-in-Charge Matthew Miraglia and the United States Probation Office, under the direction of Chief Probation Officer Timothy Englert.

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Ventura Men Receive Prison Terms for Crime Spree in Which Taco Truck Vendor Extorted, Small Businesses Robbed Last Year

Source: US FBI

LOS ANGELES – Two Ventura County men were sentenced today to federal prison terms for their roles in a crime spree late last year in which a taco truck vendor was extorted, two small businesses were robbed, and for fraudulently using debit and credit cards from a victim robbed at gunpoint.

Oscar Aguirre Silva, 31, of Ventura, was sentenced to 72 months (six years) in federal prison by United States District Judge Hernán D. Vera, who also ordered him to pay $2,941 in restitution.

Silva pleaded guilty on April 25 to one count of interference with commerce by extortion (Hobbs Act), two counts of interference with commerce by robbery (Hobbs Act), three counts of bank fraud, two counts of attempted bank fraud, and two counts of aggravated identity theft.

At a separate hearing today, Judge Vera sentenced Edward Donaldo Ramirez Martinez, 28, of Ventura, a co-defendant, to 54 months (4½ years) in federal prison. Ramirez was ordered to pay $1,597 in restitution.

Ramirez pleaded guilty on April 25 to one count of aggravated identity theft and one count of being a felon in possession of ammunition.

“The victims in this case were people just trying to make a living by operating a food truck when they were allegedly robbed at gunpoint,” said United States Attorney Martin Estrada. “Violent gun crime tears at the fabric of our society. Punishing those who engage in violent gun offenses is and will continue to be a priority for my office. Our community deserves no less.”

On November 6, 2023, Silva threatened violence to extort a taco truck vendor in Oxnard. Four days later, Silva robbed a woman at gunpoint and stole her iPhone, and her purse, which contained a credit card and a debit card in the victim’s name as well as a debit card in the name of another victim. Ramirez served as the getaway driver during this armed robbery. Both men then traveled to a Walmart store in Ventura, where they used the stolen cards to purchase $524 worth of merchandise. Later, Silva and another co-defendant, David Ray Reyes, 30, of Ventura, then used and attempted to use the stolen cards to purchase other items at an Oxnard smoke shop.

On November 25 and 26, 2023, Silva robbed two Oxnard businesses – a smoke shop and a grocery outlet.

Finally, on December 2, 2023, Ramirez, while under the influence of methamphetamine, possessed an assault rifle that did not bear a serial number – commonly known as a “ghost gun.” The firearm carried four rounds of ammunition. Ramirez was not legally permitted to possess the ghost gun or the ammunition because of his February 2020 felony conviction in Ventura County Superior Court for carrying a loaded firearm.

Reyes pleaded guilty on March 6 to one count of attempted bank fraud, one count of bank fraud, and two counts of aggravated identity theft. On June 6, Judge Vera sentenced Reyes to 26 months in federal prison.

All three defendants remain in federal custody.

Operation Safe Cities establishes strategic enforcement priorities with an emphasis on prosecuting the most significant drivers of violent crime. Across this region, the most damaging and horrific crimes are committed by a relatively small number of particularly violent individuals. This strategic enforcement approach is expected to increase the number of arrests, prosecutions and convictions of recidivists engaged in the most dangerous conduct. It is designed to improve public safety across the region by targeting crimes involving illicit guns, prohibited persons possessing firearms, or robbery crews that cause havoc and extensive losses to retail establishments.

The Ventura County Violent Crime Task Force, which includes the FBI, the Oxnard Police Department, the Ventura County Sheriff’s Office, and the Ventura Police Department, conducted this investigation.

Assistant United States Attorney Lyndsi C. Allsop of the Violent and Organized Crime Section prosecuted this case.

Five Charged with Operating Cockfighting Events in Inland Empire

Source: US FBI

RIVERSIDE, California – Four Inland Empire residents have been arrested on a federal criminal complaint alleging they organized and ran cockfighting events in San Bernardino County.

The following defendants, who were arrested Sunday at a cockfighting event, are charged with aiding, abetting, inducing, and willfully causing another person to sponsor and exhibit an animal in an animal fighting venture and are expected to make their initial appearances this afternoon in United States District Court in Riverside:

  • Isidro Chaparro Sanchez, 59, of Corona;
  • Luis Octavio Angulo, 61, of Rialto;
  • Sergio Jimenez Maldonado, 51, of San Bernardino; and
  • Eva Anilu Pastor Uriostegui, 53, of Moreno Valley.

Law enforcement is looking for Cirilo Esquivel Alcantar, 56, of San Bernardino, who also is charged in this case.

According to an affidavit filed with the complaint, the defendants organized and facilitated cockfighting events in Muscoy. The defendants held events on Sundays during the cockfighting “season,” which generally runs from January to August. Individuals brought roosters to fight (i.e., cockfighters) and spectators attended the events, which at times drew more than 100 attendees. 

Attendees parked – at the cost of $20 – at a different location nearly one mile away from the event location. Attendees were then shuttled to the cockfighting location, where they paid another fee – usually $40 – to enter the arena where the cockfights took place. Attendees could also place bets on the cockfights and participate in a raffle. 

Cockfighters paid a fee to enter their roosters into fights – $1,000 for four roosters – and then entered the fighting arena with their roosters when it is their turn to fight. Several cockfights took place on a given day. Before the fights, a sharp blade, known as a “gaff” and usually curved and approximately 1.5 inches in length, was often attached to each rooster’s leg. At times, the fights ended in the death of one or both roosters.

A criminal complaint is merely an allegation, and each defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.

If convicted, the defendants would each face a statutory maximum sentence of five years’ imprisonment.

The FBI is investigating this matter.

Assistant United States Attorneys Cory L. Burleson of the Riverside Branch Office and Dennis Mitchell of the Environmental Crimes and Consumer Protection Section are prosecuting this case.

Tonawanda Man Pleads Guilty to Production of Child Pornography

Source: US FBI

BUFFALO, N.Y. – U.S. Attorney Trini E. Ross announced today that Michael E. Swain, 36, of Tonawanda, NY, pleaded guilty before U.S. District Judge Lawrence J. Vilardo to production of child pornography, carries a mandatory minimum penalty of 15 years in prison, a maximum of 30 years, and a $250,000 fine.

Assistant U.S. Attorney Aaron J. Mango, who is handling the case, stated that between October 20 and November 1, 2021, Swain coerced five minor victims to engage in sexually explicit conduct for the purpose of producing visual depictions. Specifically, Swain communicated with a 15-year-old minor female who resided in Colorado using Discord, a social media platform. The communications included sexually graphic conversations, during which Swain requested that the minor female take sexually explicit videos and images and send them to him. In addition, Swain engaged in numerous sexual communications with the minor female from approximately 2019 to 2022, during which other sexually explicit images and videos were sent to Swain. On February 28, 2023, the FBI executed a search warrant at Swain’s residence and seized a desktop computer tower, a laptop computer, and an external hard drive, all of which were found to contain child pornography.

The plea is the result of an investigation by the Tonawanda Police Department, under the direction of Chief James Stauffiger, the Federal Bureau of Investigation Buffalo Office Child Exploitation Human Trafficking Task Force, under the direction of Special Agent-in-Charge Matthew Miraglia, and the New York State Police, under the direction of Stanley Edwards III.     

Sentencing is scheduled for December 4, 2024, at 2:00 p.m. before Judge Vilardo.

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Two Men Plead Guilty to Acting as Illegal Agents of the PRC Government and Bribery

Source: US FBI

John Chen and Lin Feng Furthered the PRC Government’s Transnational Repression Campaign Against the Falun Gong by Bribing a Purported IRS Official

Damian Williams, the United States Attorney for the Southern District of New York, announced that JOHN CHEN and LIN FENG pled guilty to acting as unregistered agents of the government of the People’s Republic of China (“PRC”) and bribing an Internal Revenue Service (“IRS”) agent in connection with a plot to target U.S.-based practitioners of Falun Gong — a spiritual practice banned in the PRC.  CHEN pled guilty yesterday before U.S. Magistrate Judge Andrew E. Krause and is scheduled to be sentenced on October 30, 2024, before U.S. District Judge Nelson S. Román.  FENG pled guilty today before Judge Krause and will be sentenced on October 31, 2024, before Judge Román.

U.S. Attorney Damian Williams said: “John Chen and Lin Feng brazenly attempted to bribe an undercover agent they believed to be an IRS agent here in the United States on behalf of the PRC Government in order to harass and intimidate the Falun Gong, a target of PRC repression.  Efforts such as this to repress free speech by targeting critics of the PRC in the United States will not be tolerated.  This Office remains committed to thwarting malicious transnational repression attempts by foreign influences on American soil.”

According to Indictment and other court documents:

From at least approximately January 2023 to May 2023, CHEN and FENG worked inside the United States at the direction of the PRC Government, including an identified PRC Government official (“PRC Official-1”), to further the PRC Government’s campaign to repress and harass Falun Gong practitioners.  The PRC Government has designated the Falun Gong as one of the “Five Poisons,” or one of the top five threats to its rule.  In China, Falun Gong adherents face a range of repressive and punitive measures from the PRC Government, including imprisonment.

As part of the PRC Government’s campaign against the Falun Gong, CHEN and FENG engaged in a PRC Government-directed scheme to manipulate the IRS’s Whistleblower Program in an effort to strip the tax-exempt status of an entity run and maintained by Falun Gong practitioners (“Entity-1”).  After CHEN filed a defective whistleblower complaint with the IRS (the “Chen Whistleblower Complaint”), CHEN and FENG paid $5,000 in cash bribes, and promised to pay substantially more, to a purported IRS agent who was, in fact, an undercover officer (“Agent-1”) in exchange for Agent-1’s assistance in advancing the complaint.  Neither CHEN nor FENG notified the Attorney General that they were acting as agents of the PRC Government in the United States.

In the course of the scheme, CHEN, on a recorded call, explicitly noted that the purpose of paying these bribes, which were directed and funded by the PRC Government, was to carry out the PRC Government’s aim of “toppl[ing] . . . the Falun Gong.”  During a call intercepted pursuant to a judicially authorized wiretap, CHEN and FENG discussed receiving “direction” on the bribery scheme from PRC Official-1, deleting instructions received from PRC Official-1 in order to evade detection, and “alert[ing]” and “sound[ing] the alarm” to PRC Official-1 if CHEN and FENG’s meetings to bribe Agent-1 did not go as planned.  CHEN and FENG also discussed that PRC Official-1 was the PRC Government official “in charge” of the bribery scheme targeting the Falun Gong.

As part of this scheme, CHEN and FENG met with Agent-1 in Newburgh, New York, on May 14, 2023.  During the meeting, CHEN gave Agent-1 a $1,000 cash bribe as an initial, partial bribe payment.  CHEN further offered to pay Agent-1 a total of $50,000 for opening an audit of Entity-1, as well as 60% of any whistleblower award from the IRS if the Chen Whistleblower Complaint were successful.  On May 18, 2023, FENG paid Agent-1 a $4,000 cash bribe at John F. Kennedy International Airport as an additional partial bribe payment in furtherance of the scheme. 

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CHEN, 71, of Chino, California, and FENG, 44, a PRC citizen and resident of Los Angeles, California, each pled guilty to one count of acting as an unregistered agent of a foreign government, which carries a maximum sentence of 10 years in prison, and one count of bribing a public official, which carries a maximum sentence of 15 years in prison.

The maximum potential sentences are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendants will be determined by a judge.

Mr. Williams praised the outstanding investigative work of the Federal Bureau of Investigation’s New York and Los Angeles Field Offices and Counterintelligence Division and the Office of the U.S. Treasury Inspector General for Tax Administration.  Mr. Williams also thanked the Department of Justice’s National Security Division, Counterintelligence and Export Control Section for their assistance.

The case is being handled by the Office’s White Plains Division and National Security and International Narcotics Unit.  Assistant U.S. Attorneys Qais Ghafary, Michael D. Lockard, and Kathryn Wheelock are in charge of the case, with assistance from Trial Attorney Christina Clark of the Counterintelligence and Export Control Section.