Category: MIL-OSI

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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Source: US FBI

ALBUQUERQUE – Jaremy Smith pleaded guilty today to multiple federal charges in a plea agreement that will result in a federal sentence of life without the possibility of parole.

According to court documents, it is alleged that on March 13, 2024, Smith forcibly abducted a woman from her home in South Carolina, transported her in a stolen vehicle, and fatally shot her with a handgun that he had stolen from her roommate prior to the crime. After committing the murder, Smith fled across state lines to evade prosecution, traveling through Georgia, Alabama, Mississippi, Louisiana, and Texas before entering New Mexico.

On March 15, 2024, in Quay County, New Mexico, Smith fatally shot New Mexico State Police Officer Justin Hare after Officer Hare stopped to assist him with a flat tire. Smith then stole Officer Hare’s police cruiser with the wounded officer inside, driving for several minutes before abandoning the vehicle and the critically injured Officer Hare on a remote road. Officer Hare succumbed to his injuries at a hospital later that morning.

Law enforcement immediately launched a coordinated effort across multiple jurisdictions to locate Smith, and his name and photograph were widely disseminated by media news outlets. Smith was apprehended in Albuquerque on March 17, 2024, by deputies from the Bernalillo County Sheriff’s Office after a gas station employee recognized Smith and contacted law enforcement.

“A life sentence for a life taken does not make our community whole. But the best way to honor Justin Hare’s life is to take care of each other,” said U.S. Attorney Alexander Uballez. “Today, I commit myself to the people of New Mexico. In the memory of a brave State Police officer whose final act was to help another. In honor of the hundreds of law enforcement officers who worked around the clock to protect this community and do justice for their fallen brother. And in the footsteps of the gas station clerks, everyday citizens, who bravely did the right thing in the face of clear and present danger. It is time for us all to join these strangers who did the right thing for people they never met.”

“All too often, first responders are called upon to sacrifice their lives to protect their communities. Smith’s actions have had a devastating, life-long impact on the victim’s families,” said Raul Bujanda, Special Agent in Charge of the FBI Albuquerque Field Office. “The FBI will continue to work with our partner agencies to use all available resources to make sure that violent and dangerous criminals are pursued to the fullest extent of the law.”

“Officer Hare’s sacrifice exemplifies the unwavering courage of law enforcement.,” said NM DPS Secretary Jason R. Bowie. “This plea underscores our commitment to justice through relentless collaboration across state lines.”

“Officer Justin Hare and Ms. Machado-Fore were tragically killed by Jaremy Smith. While nothing can undo this heartbreaking loss, today offers a measure of justice for their friends and family,” said Troy Weisler, Chief of the New Mexico State Police. “Thanks to the efforts of our law enforcement partners and the support of the community, Jaremy Smith will never again take a breath as a free man, and that is as it should be.”

Smith pled guilty to five counts, including carjacking resulting in death, using and carrying a firearm during a crime of violence, kidnapping resulting in death, being a prohibited person in possession of a firearm, and possession of a stolen firearm.

Smith will remain in custody pending sentencing, which has not yet been scheduled. At sentencing, Smith faces a mandatory life sentence without the possibility of parole.   As part of the plea agreement, Smith agreed that the appropriate sentence was lifetime incarceration without the possibility of parole.

The Department of Justice has previously determined that it will not seek the death penalty for Smith for the incidents that occurred in New Mexico.

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

The FBI Albuquerque Field Office and New Mexico State Police investigated this case with assistance from the Tenth Judicial District Attorney’s Office and the Bernalillo County Sheriff’s Office. Assistant U.S. Attorneys Paul Mysliwiec and Jack Burkhead are prosecuting the case.

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Source: US FBI

ALBUQUERQUE – A Farmington man has been sentenced to 25 years in prison for the 2021 murder of one woman and the serious injury of another on the Navajo Nation.

According to court documents, on September 5, 2021, Hanson Tsosie, 34, an enrolled member of the Navajo Nation, used a 12-gauge shotgun to fire multiple rounds into a group of individuals gathered around a tree in the yard of a residence near Nenahnezad, New Mexico, killing one woman and seriously injuring another.

Neither woman posed any threat to Tsosie; they were simply innocent bystanders caught in the crossfire of his violent actions. After the shooting, Tsosie fled approximately 46.1 miles to dispose of the vehicle he had been driving.

Upon his release from prison, Tsosie 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 Albuquerque Field Office, made the announcement today.

The Farmington 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. Attorneys Mark A. Probasco and Matthew J. McGinley is prosecuting the case.

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Source: US FBI

NEWARK, N.J. – A Bergen County, New Jersey, woman was charged with destruction of records in a federal investigation, U.S. Attorney Philip R. Sellinger announced today.

Jennifer Iturralde Pina, 43, of Franklin Lakes, New Jersey, is charged by complaint with one count of destruction of records. Iturralde appeared today before U.S. Magistrate Judge André M. Espinosa in Newark federal court and was released on $200,000 bond.

According to documents filed in this case and statements made in court:

On Oct. 16, 2023, Iturralde’s husband, Cesar Humberto Pina, aka “Flipping NJ,” also of Franklin Lakes, was charged in the District of New Jersey with wire fraud in connection with a real estate investment fraud scheme. After Pina’s release on bond, Iturralde learned that the government received evidence from a witness related to Pina’s case. Shortly thereafter, Iturralde asked a friend to tell the witness to stop assisting the Government.

In early March 2024, the government obtained search warrants for two of Iturralde’s phones – which the government believed Iturralde used in connection with the real estate fraud scheme and the attempt to discourage the witness from assisting the government – and one phone belonging to the friend. On March 3, 2024, Iturralde tried, unsuccessfully, to hide one of her phones at the friend’s home. On March 5, 2024, the friend’s family member called to tell Iturralde that law enforcement had just seized the friend’s phone. Shortly thereafter, as law enforcement knocked on Iturralde’s door to execute the warrant to seize her phones, Iturralde destroyed one of the phones.

The destruction of records charge carries a maximum sentence of 20 years in prison and a fine of up to $250,000 or twice the gross gain or loss from the offense.

U.S. Attorney Sellinger credited special agents of the FBI, under the direction of Acting Special Agent in Charge Nelson I. Delgado in Newark; special agents of the IRS–Criminal Investigation, under the direction of Special Agent in Charge Jenifer L. Piovesan; postal inspectors of the U.S. Postal Inspection Service, under the direction of Inspector in Charge in Christopher A. Nielsen; and special agents of the U.S. Attorney’s Office for the District of New Jersey, under the direction of Special Agent in Charge Thomas Mahoney, with the investigation.

The government is represented by Assistant U.S. Attorney Mark Pesce, Carolyn Silane, and Aaron Webman of the Economic Crimes Unit in Newark.

The charge and accusations against both Iturralde and Pina are merely allegations, and the defendants are presumed innocent unless and until proven guilty.

Source: US FBI

NEWARK, N.J. – Two Florida men were arraigned today on charges relating to their roles in a multimillion-dollar durable medical equipment (DME) and prescription drug health care fraud and kickback scheme, Attorney for the United States Vikas Khanna announced.

Nicholas A. Alberino, 61, of Boca Raton, Florida, and his son, Nicholas P. Alberino, 34, of Parkland, Florida, are each charged in a seven-count indictment with conspiracy to commit health care fraud and wire fraud, wire fraud, conspiracy to violate the federal Anti-Kickback Statute, and four counts of violating the Anti-Kickback Statute. The defendants were each arraigned today before U.S. District Judge Esther Salas in Newark federal court, and each pleaded not guilty.

According to documents filed in this case and statements made in court:

From February 2018 to April 2019, the Alberinos operated five Florida companies, each of which generated medically unnecessary prescriptions for certain expensive medications as well as DME such as orthotic braces through a telemarketing and telemedicine scheme. The Alberinos specifically sought to identify and target Medicare beneficiaries. Call centers contacted the beneficiaries by telephone and pressured them to accept the expensive medications and DME. The Alberinos then transmitted the beneficiaries’ personal information, as well as pre-written doctor’s orders and prescriptions, to RediDoc LLC, a purported telemedicine company.  The Alberinos pre-selected prescription medications and DME for beneficiaries based on the potential for high reimbursement payments from insurance payers such as Medicare, and not based on the beneficiaries’ medical needs.

RediDoc, in turn, sent the information and documents the Alberinos provided to doctors.  The doctors then typically signed the prescriptions despite not having any contact with the patients or conducting a bona fide assessment of the patients’ medical needs from which the doctors could have deemed that it was medically necessary to order the DME or medications.  Once the doctors signed the prescriptions, the Alberinos directed RediDoc to steer them to third parties with which the Alberinos had illicit kickback and bribe arrangements. DME suppliers and pharmacies ultimately fulfilled these fraudulent orders and submitted claims for reimbursement to health care benefit programs, including Medicare. The Alberinos also fulfilled fraudulent orders using DME supply companies that they owned and controlled.

The Alberinos paid over $6 million in kickbacks and bribes to RediDoc in exchange for the fraudulent orders and received over $27 million in kickbacks and bribes from third parties in return for fraudulent orders. The Alberinos also received over $1.7 million from Medicare for fraudulent claims that they submitted directly to Medicare through DME supply companies they owned and controlled. Medicare ultimately paid at least $27 million to DME suppliers and pharmacies based on the fraudulent orders that originated with the Alberinos.

The health care fraud and wire fraud conspiracy count and wire fraud count each carry a maximum potential penalty of 20 years in prison. The charge of conspiracy to violate the Anti-Kickback Statute carries a maximum potential penalty of five years in prison. The four counts of violating the Anti-Kickback Statute are each punishable by 10 years in prison. Each of the seven counts in the indictment is also punishable by a fine of $250,000, or twice the gain or loss from the offense, whichever is greatest.

Attorney for the United States Khanna credited special agents of the U.S. Department of Health and Human Services Office of Inspector General, under the direction of Special Agent in Charge Naomi Gruchacz, the U.S. Department of Defense, Office of Inspector General, Defense Criminal Investigative Service, Northeast Field Office, under the direction of Special Agent in Charge Patrick J. Hegarty, and the FBI, under the direction of Acting Special Agent in Charge Nelson I. Delgado in Newark, with the investigation.

The government is represented by Assistant U.S. Attorneys Katherine M. Romano and Garrett J. Schuman of the Health Care Fraud Unit in Newark.

The charges and allegations contained in the indictment are merely accusations, and the defendants are presumed innocent unless and until proven guilty.