McAlester Resident Pleads Guilty to Possessing Child Sexual Exploitation Material

Source: US FBI

MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that Marcus Edward Lee, age 33, of McAlester, Oklahoma, entered a guilty plea to one count of Possession of Certain Material Involving the Sexual Exploitation of a Minor.

The Indictment alleged that on or about May 20, 2024, Lee knowingly possessed visual depictions of minors engaging in sexually explicit conduct, which Lee accessed from the internet with intent to view.

The charge arose from an investigation by the Federal Bureau of Investigation.

The Honorable Jason A. Robertson, U.S. Magistrate Judge in the United States District Court for the Eastern District of Oklahoma, accepted the plea and ordered the completion of a presentence investigation report.  Lee was remanded into the custody of the United States Marshals Service pending sentencing.

Assistant U.S. Attorney Joshua Satter represented the United States.

Stratford Man Pleads Guilty to Committing Child Abuse in Indian Country

Source: US FBI

OKLAHOMA CITY – Yesterday, DONAVEN LEE NOTARO, 24, of Stratford, pleaded guilty to committing child abuse, announced U.S. Attorney Robert J. Troester.

On December 27, 2024, Notaro was charged by Superseding Information with child abuse. According to public record, between January 1, 2024, and April 16, 2024, Notaro willfully injured or harmed the health, safety, or welfare of three children for whom he was responsible.

Yesterday, Notaro pleaded guilty to the Superseding Information, and admitted he willfully injured or harmed the health, safety, or welfare of the victims. After his plea, Notaro was remanded to the custody of the United States Marshals.

This case is in federal court because Notaro is a member of the Creek Nation and the crimes took place within the boundaries of the Chickasaw Nation.

At sentencing, Notaro faces up to life in federal prison and a fine of up to $5,000.

This case is the result of an investigation by the FBI Oklahoma City Field Office and the Stratford Police Department. Assistant U.S. Attorney Tiffany Edgmon is prosecuting the case.

Reference is made to public filings for additional information. 

January Federal Grand Jury 2024-A Indictments Announced

Source: US FBI

United States Attorney Clint Johnson today announced the results of the January Federal Grand Jury 2024-A Indictments.

The following individuals have been charged with violations of United States law in indictments returned by the Grand Jury. The return of an indictment is a method of informing a defendant of alleged violations of federal law, which must be proven in a court of law beyond a reasonable doubt to overcome a defendant’s presumption of innocence.

Vincent Delmarco Berry; Mateaka Mignon Mansker; Jessica Janay Baldwin; Michael Ray Crawley. Drug Conspiracy; Possession of Fentanyl with Intent to Distribute; Possession of Methamphetamine with Intent to Distribute. Berry, 35, of McAlester; Mansker, 31, of Broken Arrow; Baldwin, 41, of Hartshorne; and Crawley, 46, of McAlester, are charged with conspiring to distribute fentanyl and methamphetamine. Additionally, Mansker, Baldwin, and Crawley are charged with possessing fentanyl and methamphetamine with intent to distribute. The FBI, McIntosh County Sheriff’s Office, and the Office of the Inspector General – Department of Corrections are the investigative agencies. Assistant U.S. Attorney George Jiang is prosecuting the case. 25-CR-005

Henry Jose Flores Mayorga. Alien Unlawfully in the United States in Possession of a Firearm; Possession of Cocaine with Intent to Distribute. Mayorga, 44, a Nicaragua national, is charged with unlawfully possessing a firearm and ammunition, knowing he was illegally in the United States. Further, Mayorga possessed cocaine with the intent to distribute. The U.S. Immigration and Custom’s Enforcement and Removal Operations, the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Oklahoma Highway Patrol, and the Tulsa Police Department are the investigative agencies. Assistant U.S. Attorney Mandy M. Mackenzie is prosecuting the case. 25-CR-004

Kolton Austyn Gene McAnally. Involuntary Manslaughter in Indian Country; Assault Resulting in Serious Bodily Injury in Indian Country (superseding). McAnally, 22, of Vinita and a member of the Muscogee (Creek) Nation, is charged with operating a vehicle after consuming alcohol and killing Madison Barnes in Feb. 2024. He is also charged with assault for causing serious bodily injury to another victim. The FBI, the Oklahoma Highway Patrol, and the Oklahoma State Bureau of Investigation are the investigative agencies. Assistant U.S. Attorneys Stephen J. Flynn and Matthew Cyran are prosecuting the case. 24-CR-324

Tulsan Convicted by Federal Jury for Aggravated Sexual Abuse and Strangulation

Source: US FBI

TULSA, Okla. – Today, a federal jury convicted Denzil Austin Berryman, 38, of Aggravated Sexual Abuse by Force and Threat in Indian Country and Assault of an Intimate/Dating Partner by Strangling and Suffocating in Indian Country.

“The victim courageously testified about this horrible act against her,” said U.S. Attorney Clint Johnson. “I want to thank her and the prosecution team for bringing Mr. Berryman to justice.”

In June 2023, Berryman was with the victim at her apartment. Berryman became enraged when he saw that the victim had gummy bears that he believed were a gift from someone else. The victim testified that Berryman began screaming at her, punched the bedroom door, broke several electronics in the apartment, and threatened to harm her cat.

The victim further described that Berryman forced her into the bedroom and began sexually assaulting her. When the victim said no and asked Berryman to stop, he proceeded to strangle her. After passing out, the victim woke to Berryman forcibly raping her.

Berryman is a citizen of the Choctaw Nation of Oklahoma. Previously released on bond, Berryman was taken into custody, pending sentencing at a later date.

The FBI and Tulsa Police Department investigated the case. Assistant U.S. Attorneys Stephanie Ihler and Stephen Scaife prosecuted the case.

Maumelle Man Pleads Guilty to Assaulting Flight Attendant En Route to Little Rock

Source: US FBI

      LITTLE ROCK – A Maumelle man has pleaded guilty to assaulting a flight attendant. Leon Anderson, 40, entered his guilty plea Wednesday afternoon before United States District Judge James M. Moody, Jr.

      On October 6, 2020, a federal grand jury indicted Anderson with one count of abusive sexual contact on an aircraft. Yesterday, he pleaded guilty to a Superseding Information charging him with one count of interference with a flight attendant.

      Anderson was a passenger on PSA Airlines flight 5686 from Charlotte, North Carolina, to Little Rock on February 11, 2020. Prior to takeoff, a flight attendant was walking through the aisle of the plane when a passenger grabbed his leg. Startled, the flight attendant turned around, and the passenger—Anderson—apologized and said it was a mistake. Moments later, Anderson put one arm around the flight attendant’s shoulder and attempted to put a hand around his waist while apologizing again. The flight attendant told Anderson he did not need to apologize further.

      The flight attendant continued his duties, but Anderson made inappropriate, sexual comments to the flight attendant and ultimately grabbed the flight attendant two more times in a sexual manner. The flight attendant notified the captain, who notified law enforcement.

      Judge Moody will sentence Anderson at a later date. Anderson’s crime is punishable by not more than 20 years imprisonment, a fine of not more than $250,000, and not more than three years supervised release. The case was investigated by the FBI and is being prosecuted by Assistant United States Attorneys Kristin Bryant and Benecia Moore.

# # #

This news release, as well as additional information about the office of the

United States Attorney for the Eastern District of Arkansas, is available online at

http://www.justice.gov/edar

Twitter:

@EDARNEWS

Mountain Home Man Sentenced to 63 Months for Obtaining Coronavirus Relief Funds by Fraud

Source: US FBI

FORT SMITH – James Read, 45, of Mountain Home was sentenced on September 20, 2021 to 63 months in prison followed by three years of supervised release for charges stemming from his abuse of various COVID-19 related economic relief programs.  According to court documents, Read falsified documents to apply for Small Business Administration loans intended for businesses struggling from the COVID-19 pandemic.  Read also filed for Pandemic Unemployment Assistance, on behalf of himself and others, in multiple states despite being ineligible for the funds.  The Court further ordered Read to pay $277,827.00 in restitution for the fraudulently obtained funds.

“Our office will continue to vigorously pursue criminals such as Mr. Read and Mrs. Payne,” stated Acting United States Attorney David Clay Fowlkes.  “This couple executed a scheme to steal money that was intended to help those who were truly in need.  This sort of fraud is reprehensible and will not be tolerated in the Western District of Arkansas.  It is our sincere hope that this sentence sends a clear message to all those who would endeavor to steal money that is intended for the less fortunate: that we will continue to investigate and prosecute these crimes to the very best of our ability and that we will seek sentences that will deter this kind of criminal conduct in the future.”

“Our agents will continue to pursue fake business owners such as Mr. Read aka ‘Snowbird Bob’, who chose to steal funds intended for small business owners crippled by this global pandemic,” said Special Agent in Charge Christopher Artemis, of Internal Revenue Service – Criminal Investigations.

“In a time of national turmoil and uncertainty, Mr. Read flagrantly defrauded programs intended to assist Americans and their businesses,” said FBI Little Rock Special Agent in Charge James Dawson. “Mr. Read’s total disregard for his fellow citizens during the COVID-19 pandemic revealed his true colors as a fraudster. The FBI will continue to work with its partners to bring criminals who defraud SBA and PUA programs to justice.”

“The Treasury Inspector General for Tax Administration aggressively pursues those who endeavor to defraud programs afforded to the American people under the Coronavirus Aid, Relief, and Economic Security Act,” said J. Russell George, of the Treasury Inspector General for Tax Administration.  “We appreciate the efforts of the U.S. Department of Justice and our law enforcement partners in this effort.” 

Read’s wife, Crystal Payne, 43, was sentenced on September 20, 2021 to five years of probation, a $5,000 fine, and $59,130.00 in restitution for her role in the offense.

The case was investigated by IRS-Criminal Investigations, the Federal Bureau of Investigations, the Treasury Inspector General for Tax Administration (TIGTA), and the Small Business Administration Office of the Inspector General.

Assistant United States Attorney Hunter Bridges prosecuted the case for the United States.

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Related court documents may be found on the Public Access to Electronic Records website @ www.pacer.gov.

Van Buren Man Sentenced to 30 Years in Federal Prison for Interstate Transportation of a Minor

Source: US FBI

FORT SMITH – A Van Buren man was sentenced yesterday to 360 months in prison followed by 10 years of supervised release on one count of Transportation of a Minor with Intent to Engage in Criminal Sexual Activity. The Honorable Judge P. K. Holmes III presided over the sentencing hearing in the U.S. District Court in Fort Smith.

According to court documents, in September of 2014, Jeffrey Callen Gonzagowski Jr., 39, transported a minor, across state lines from Mt Ida, Arkansas to Oklahoma. During this time Gonzagowski sexually assaulted the minor. Gonzagowski was arrested in December 2020 and pled guilty in March 2021.

Acting U.S. Attorney David Clay Fowlkes of the Western District of Arkansas made the announcement.

The Federal Bureau of Investigations investigated the case.

Assistant U.S. Attorney Tyler Williams prosecuted the case for the United States.

This case was prosecuted 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 www.justice.gov/psc.

Florida Dentist Pleads Guilty in Public Corruption Scheme Involving Former Arkansas State Senator

Source: US FBI

FAYETTEVILLE – A Florida dentist, formerly of Arkansas, pleaded guilty today to one count of conspiracy to commit honest services fraud in a scheme with former Arkansas State Senator Jeremy Hutchinson that occurred between 2014 and 2016. 

U.S. District Judge Timothy L. Brooks presided over the change of plea hearing, in which Benjamin Gray Burris, age 49, pleaded guilty to count one of an Indictment issued by a grand jury charging him with conspiracy to commit honest services fraud.  Burris was charged with additional counts of honest services wire fraud, but according to the terms of the plea agreement, those charges will be dismissed at sentencing.  

According to court documents, between February of 2014 through November of 2016, Burris was the owner of several orthodontic clinics and practiced as an orthodontist through Arkansas.  The scheme began when on February 27, 2014, Burris, State Senator Jeremy Hutchinson, and others met for a dinner at a Little Rock restaurant and discussed Burris’s legislative objectives and hiring Hutchinson as Burris’s corporate legal counsel.  Jeremy Hutchinson, who then represented state Senate District 33, comprised of portions of Pulaski and Saline County, Arkansas, stated that as part of any arrangement there needed to be “real legal work.”  In his plea agreement, Burris admitted that part of his intent in hiring Hutchinson was to enable Burris to influence and request official action from Hutchinson on legislative issues and other matters as the need arose.  Throughout the course of their arrangement, Burris’s legal entities paid Hutchinson Law Firm an approximate total of $157,500 at a rate of approximately $5,000 per month as a general retainer and Hutchinson was assigned legal work.

Specifically, Burris sent Hutchinson an email outlining Burris’s “Legislative Objectives” in late February of 2014 in which Burris stated that he wanted specialty restrictions on orthodontists removed.  On January 26, 2015, Hutchinson filed a shell bill in the Arkansas Senate entitled “An Act to Clarify the Laws Governing Dental Practice.”  Later on, April 6, 2015, Hutchinson filed a related Interim Study Proposal with the Senate Committee on Public Health, Welfare, and Labor.  On September 22, 2015, Hutchinson filed another Interim Study Proposal (ISP-2015-154) on the subject.  This ISP, among other things, proposed to remove the specialist restriction for orthodontists.  According to text messages cited in Burris’s plea agreement, in 2016 Burris texted Hutchinson complaining about a lack of “ROI” also known as “return on investment” in his arrangement with Hutchinson and he requested specific updates on legislative matters.    ISP-2015-154 was eventually filed as House Bill 1250 on January 23, 2017, after Hutchinson claimed a belated conflict, in the 91st General Assembly of the State of Arkansas, passed, and was later signed into law on or about March 15, 2017. 

Burris sold his businesses and moved to Florida in the spring of 2017 and has not practiced in Arkansas since that time. 

“This conviction for a bribe payor is an important milestone for the people of the State of Arkansas in our lengthy public corruption investigation,” said Acting United States Attorney David Clay Fowlkes.  “While the bribery conduct of several members of the Arkansas Legislature is disgraceful, the only lasting disgrace would be in meeting these schemes with silence and toleration.  The exposure of the truth of this arrangement, from the bribe payor to the bribe recipient, brings honor to our people, our law enforcement, and our Court institutions.  They have all displayed great strength in exposing and opposing official corruption and are a credit to our nation of laws.  We are also indebted to the many witnesses who came forward to tell their stories.  The series of cases in our sprawling corruption investigations has required the coordination of not only this office, but also the Eastern District of Arkansas, the Western District of Missouri, the Federal Bureau of Investigation, and the Internal Revenue Service- Criminal Investigation.  We are grateful for their continued assistance.”  

“Our nation has a well-established process by which its citizens communicate with their elected officials, and this process can never include bribery or fraud,” said FBI Little Rock Special Agent in Charge James A. Dawson.  “When Mr. Burris attempted to illegally induce the alteration of laws to favor his own purposes, he trod directly upon the democratic institutions of our Republic.”

Burris’s sentencing is expected to take place in approximately four months.  Burris faces a maximum penalty of 20 years in prison for the crime for which he pled guilty, however, the plea agreement also states that if the Court wishes to sentence Burris to a sentence that is not a year and a day in federal prison, Burris will have the right to withdraw from the plea agreement.  A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

The FBI and the IRS are investigating the case.

Assistant U.S. Attorney Ben Wulff, Allison Bragg and Stephanie Mazzanti are prosecuting the case for the United States.

FBI Highlights Growing Number of Reported Elder Fraud Cases Ahead of World Elder Abuse Awareness Day

Source: US FBI

CLEVELAND, OH—In honor of World Elder Abuse Awareness Day on June 15, the FBI wants to remind friends, family, and loved ones of elderly Americans to know the signs of elder fraud. While elder abuse can be perpetuated in any number of ways, the FBI has seen a double digit increase in financial fraud involving older adults, prompting efforts from the bureau to bring public awareness to this type of crime.

According to the FBI’s latest Internet Crime Complaint Center (IC3) data, there have already been $1.6 billion in losses from January to May of 2024, up nearly $300 million from the same time period last year. In 2023, a total of $3.4 billion losses were reported, and elder fraud complaints increased by 14% from the year prior. In Ohio, total losses in 2023 were over $64 million.

“Empowering our seniors and their friends and family with education surrounding elder fraud schemes is critical to protecting them and their hard-earned money,” said Assistant Director Michael Nordwall of the FBI’s Criminal Investigative Division. “Unfortunately, elder fraud remains one of the most devastating violations we work in the FBI. The effects of these elaborate schemes go far beyond just financial losses. It robs an already vulnerable population of their sense of security. We all need to work together to make sure our seniors, their caregivers, families, and friends know the signs to look for that a criminal is after your money.”

“Unfortunately, we are seeing a growing number of northeastern Ohio seniors who have been a victim of some type of fraud or scam. The impact to victim lives is crushing, whether that is the financial toll or mental and emotional strain brought on by coercion or physical threats, regardless of how large or small the offense.

Remember, we need to educate our loved ones—no matter their age, about the warning signs of fraudulent behavior that can transpire via text, phone call, online, through the mail, or at their doorstep. A simple conversation can help to prevent another person from becoming a victim,” said FBI Cleveland Assistant Special Agent in Charge Charlie Johnston.

Criminal actors frequently target older adults, who they perceive to be more vulnerable and trusting. Criminal actors may also assume older adults have considerable financial savings, own real estate, have good credit, and are less likely to report fraud, especially if they feel ashamed following the fraud victimization or are unfamiliar with reporting channels such as IC3.gov.

Among the most common elder fraud schemes reported to IC3.gov in 2023 were tech support scams, confidence and romance scams, investment scams, and government impersonation scams. From 2021 to 2023, elder adult victim and dollar losses to investment scams has sharply increased; victimization and losses increased 209% and 419%, respectively, more than any other kind of fraud, largely because of the rising use of cryptocurrency.

While fraud can happen to anyone, small steps can be taken to protect yourself and your information:

  • Search online for the contact information (name, phone number, email, addresses) of any unknown source which reaches out to you, as well as the proposed offer. Verify the legitimacy of businesses on websites such as Better Business Bureau. Other people have likely posted information online about businesses and individuals attempting to run scams.
  • Resist the pressure to act quickly. Scammers create a sense of urgency to lure victims into immediate action, typically by instilling trust and inducing empathy or fear, or the promise of monetary gains, companionship, or employment opportunities.
  • Be cautious of unsolicited phone calls, mailings, and door-to-door service offers.
  • Never give or send to unverified people or businesses any personally-identifiable information, money, checks, gift cards, or wire information.
  • Take precautionary measures to protect your identity should a criminal gain access to your device or account. Immediately contact your financial institutions to place protections on your accounts and monitor for suspicious activity.

Combating elder fraud continues to be a priority for the Department of Justice, which operates the Elder Justice Initiative. The Elder Justice Initiative supports and coordinates the DOJ’s enforcement and programmatic efforts to combat elder abuse, neglect, and financial fraud and scams that target our nation’s seniors.

If you believe you or someone you know may have been a victim of elder fraud, contact your local FBI office or submit a complaint on IC3.gov. You should document the name of the scammer/company and methods of contact, dates of contact, methods of payment, where funds may have been sent, and a thorough description of the interactions.

Resources:

Cleveland Clinic to Pay More Than $7 Million to Settle Allegations of Undisclosed Foreign Sources of Funding on NIH Grant Applications and Reports

Source: US FBI

The Cleveland Clinic Foundation (CCF) has agreed to pay $7,600,000 to resolve allegations that it violated the False Claims Act (FCA) by submitting to the National Institutes of Health (NIH) federal grant applications and progress reports in which CCF failed to disclose that a key employee involved in administering the grants had pending and/or active financial research support from other sources.

The settlement resolves allegations that CCF made false statements to NIH, a component of the Department of Health and Human Services (HHS), in connection with three federal grant awards. Despite NIH requirements to do so, CCF repeatedly failed to disclose that the employee who it designated as the Principal Investigator on each grant had pending and/or active grants from foreign institutions that provided financial assistance to support the employee’s research and already obligated that employee’s research time. CCF falsely certified that the grants submissions were true and accurate.

NIH requires full transparency in applications and throughout the life of the grants it awards. This includes a requirement that grant applicants disclose all sources of research support, from any source, on grant applications and on follow-up documents relating to grant awards. NIH uses this information to determine if the applicant has the time necessary to allocate to the proposed research project, and if the research proposal has other sources of funding that are duplicative. It also assists NIH in determining if an applicant’s financial interests may affect its objectivity in conducting research.

The settlement also resolves allegations that CCF violated NIH password policies by permitting CCF employees to share passwords. Some of the false submissions wherein CCF failed to disclose the Principal Investigator’s foreign grant support were made by CCF employees who were inappropriately given access to NIH’s online grant reporting platform.

“Each year, NIH awards federal grants to support research to improve public health, but those funds are limited and the grant process is competitive. Every entity or person who seeks such grant money must strictly play by the rules. As stewards of taxpayer dollars, our Office takes seriously its responsibility of ensuring that grant recipients fully and accurately report all required information to NIH so that it may properly award its limited funds to deserving institutions,” said U.S. Attorney Rebecca C. Lutzko for the Northern District of Ohio. “Today’s settlement illustrates the importance of being truthful at every stage of the grants process.”

In addition to the $7.6 million settlement, NIH has imposed Specific Award Conditions on all CCF’s grants for a one-year period. Federal regulations allow NIH to impose Specific Award Conditions on grant recipients, including on recipients that do not comply with the terms of a federal award. In this case, NIH is requiring a high-level CCF employee to personally attest to the truth, completeness, and accuracy of all “other grant support” information CCF provides to NIH. CCF must also develop a corrective action plan that includes an assessment of internal controls related to other grant support and foreign-component reporting; create a mandatory training program addressing requirements for disclosing other grant support, research security, and cyber security; and develop an improvement plan for its internal controls, ensuring that CCF has oversight at the institutional level to confirm that the information its Principal Investigators disclose is true, complete, and accurate, among other requirements. The Specific Award Conditions will begin Oct. 1, 2024, and remain in effect through Sept. 30, 2025, or until NIH is satisfied that CCF has successfully completed the Corrective Action Plan.

“The accuracy of information reported in applications and other documentation related to federal grants is critical to ensuring that these limited funds are utilized in the most efficient and effective manner and that the integrity of the application process is upheld,” said Special Agent in Charge Mario M. Pinto, of the United States Department of Health and Human Services Office of Inspector General (HHS-OIG). “Our agency is committed to ensuring that those who submit false statements in grant applications are identified and investigated, in cooperation with our federal law enforcement partners.”

A cooperative effort between HHS-OIG, the FBI, and the U.S. Attorney’s Office for the Northern District of Ohio resulted in the resolution obtained in this matter. Assistant United States Attorneys Michelle Heyer and Elizabeth Berry investigated the matter on behalf of the U.S. Attorney’s Office.

This settlement illustrates the government’s emphasis on combating fraud. If you have information regarding potential fraud, waste, abuse, or mismanagement in the U.S. Department of Health and Human Services’ programs, please file a report with OIG’s Hotline. You can submit your tip or complaint online at https://oig.hhs.gov/fraud/report-fraud/ or contact the OIG Hotline at 1-800-447-8477. The claims resolved by the settlement are allegations only and there has been no determination of liability.