Leader of Alabama Chapter of Oath Keepers Pleads Guilty to Seditious Conspiracy and Obstruction of Congress for Efforts to Stop Transfer of Power Following 2020 Presidential Election

Source: US FBI

Defendant Participated in Plot to Use Force to Oppose Execution of U.S. Laws, Including the Attack on the Capitol During the Certification Proceeding

            WASHINGTON – A regional leader of the Oath Keepers pleaded guilty today to seditious conspiracy and obstruction of an official proceeding for his actions before, during and after the breach of the U.S. Capitol on Jan. 6, 2021. His and others’ actions disrupted a joint session of the U.S. Congress convened to ascertain and count the electoral votes related to the presidential election.

            Joshua James, 34, of Arab, Alabama, pleaded guilty to seditious conspiracy in connection with the Capitol breach. As part of the plea agreement, James has agreed to cooperate with the government’s ongoing investigation.

            As described in court documents, James is the regional leader in charge of the Alabama chapter of the Oath Keepers. The Oath Keepers are a large but loosely organized collection of individuals, some of whom are associated with militias. Though the Oath Keepers will accept anyone as members, they explicitly focus on recruiting current and former military, law enforcement, and first-responder personnel.

            In his guilty plea, James, a military veteran, admitted that, from November 2020 through January 2021, he conspired with other Oath Keeper members and affiliates to use force to prevent, hinder and delay the execution of the laws of the United States governing the transfer of presidential power.  He used encrypted and private communications, equipped himself with a variety of weapons, donned combat and tactical gear, and was prepared to answer a call to take up arms.

            According to court documents, on Jan. 4, 2021, James and others traveled to the Washington, D.C. metropolitan area. He brought a semi-automatic handgun and stored multiple firearms at a Virginia hotel. On Jan. 6, after learning the Capitol had been breached, James and others traveled to the Capitol on golf carts, driving around multiple barricades, including marked law enforcement vehicles. James was wearing a backpack, a combat shirt, tactical gloves, boots, a paracord attachment, and an Oath Keepers hat and patches. He and others unlawfully entered the Capitol together through the East Rotunda doors. Inside the Rotunda, James assaulted a Metropolitan Police Department officer by grabbing the officer’s vest and pulling him towards the mob. While pulling the officer, James yelled, “Get out of my Capitol! This is not yours! This is my Capitol!” James was expelled by law enforcement, including at least one officer who aimed chemical spray at him.

            On the evening of Jan. 6, 2021, James and others heard that law enforcement was searching for them and immediately departed the Washington, D.C. metropolitan area. Soon after, James traveled to Texas to join with the leader of the Oath Keepers and other co-conspirators. There, he helped co-conspirators amass thousands of dollars’ worth of firearms, ammunition, and firearms equipment – some of which he later stored in storage sheds in Alabama – and prepared to distribute the equipment to others and to engage in violence in the event of a civil war.

            James was arrested on March 9, 2021. He was among 11 defendants indicted on Jan. 12, 2022, in the District of Columbia on seditious conspiracy and other charges; the others have pleaded not guilty. James faces up to 20 years in prison for seditious conspiracy and up to 20 years for obstruction of an official proceeding, along with potential financial penalties. No sentencing date was set. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

            The case is being prosecuted by the U.S. Attorney’s Office for the District of Columbia and the Department of Justice National Security Division’s Counterterrorism Section. Valuable assistance was provided by the U.S. Attorney’s Office for the Northern District of Alabama.

             The case is being investigated by the FBI’s Washington and Birmingham Field Offices.

             In the 13 months since Jan. 6, more than 750 individuals have been arrested in nearly all 50 states for crimes related to the breach of the U.S. Capitol, including over 235 individuals charged with assaulting or impeding law enforcement. The investigation remains ongoing.

Hugo 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 Steven Mark McAnally, age 65, of Hugo, Oklahoma, entered a guilty plea to one count of possessing certain material involving the sexual exploitation of a minor.

The Indictment alleged that in July 2023, McAnally knowingly possessed visual depictions from the internet of minors engaging in sexually explicit conduct, which McAnally accessed with intent to view.

The charges arose from an investigation by the Choctaw Nation Lighthorse Police and the Federal Bureau of Investigation.

The Honorable Gerald L. Jackson, 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.  McAnally was remanded into the custody of the United States Marshals Service pending sentencing.

Assistant U.S. Attorney Caila M. Cleary represented the United States.

Choctaw County Resident Pleads Guilty to Murder

Source: US FBI

MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that Bryson Noel Miller, age 19, of Fort Towson, Oklahoma, entered a guilty plea to one count of Murder in Indian Country.

The Indictment against Miller alleged that on December 23, 2020, Miller killed the victim willfully, deliberately, maliciously, with premeditation and malice aforethought.

According to investigators, on the afternoon of December 22, 2020, Miller, Ashlie Nicole Rose Martin, and Chad Jon’Dale Voyles planned the murders of Martin’s parents, then set their plan into motion.  As part of that plan, Miller participated in bludgeoning Martin’s father to death.  The crimes occurred in Choctaw County, within the boundaries of the Choctaw Nation Reservation, in the Eastern District of Oklahoma.

The charge arose from an investigation by the Federal Bureau of Investigation, the Oklahoma State Bureau of Investigation, the Oklahoma Highway Patrol, and the Choctaw County Sheriff’s Office.

The Honorable Gerald L. Jackson, U.S. Magistrate Judge in the United States District Court for the Eastern District of Oklahoma in Muskogee, Oklahoma, accepted Miller’s plea, ordered the completion of a presentence investigation report, and remanded Miller to the custody of the U.S. Marshals pending sentencing.

Assistant U.S. Attorney Benjamin D. Traster represented the United States.

Muskogee Resident Sentenced for Attempted Robbery

Source: US FBI

MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that Jacob Matthew Staton, age 29, of Muskogee, Oklahoma, was sentenced to 105 months in prison for one count of Attempted Robbery in Indian Country.

The charge arose from an investigation by the Federal Bureau of Investigation and the Muskogee Police Department.

On July 11, 2024, Staton pleaded guilty to the charge.  According to investigators, on January 4, 2020, Staton attempted to rob a shopper at gunpoint in a Muskogee parking lot.  When Staton’s target refused, Staton pistol whipped the shopper, then fired off two rounds in the shopper’s direction as the shopper fled.  The crime occurred in Muskogee County, within the boundaries of the Muscogee (Creek) Nation Reservation, in the Eastern District of Oklahoma.

The Honorable Ronald A. White, Chief U.S. District Judge in the United States District Court for the Eastern District of Oklahoma, presided over the hearing.  Staton 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. Attorney Jordan Howanitz represented the United States.

FBI Cleveland Reminds the Public About Scams Targeting Americans During National Consumer Protection Week

Source: US FBI

CLEVELAND, OH—With the FBI release of the 2023 Internet Crime Report and National Consumer Protection Week upon us, FBI Cleveland Special Agent in Charge Greg Nelsen reminds the public about scams and frauds originating from across the globe that target Americans, leaving a trail of victims from coast to coast, including right here in Northern Ohio.

In 2023, phishing, which is the use of unsolicited email, text messages, and telephone calls purportedly from a legitimate company requesting personal, financial, and/or login credentials, was one of the most active Internet-based crimes according to the FBI IC3.gov report. According to the report, over 298,000 people reported phishing-based crimes in 2023. Simply, phishing is just like fishing; the criminal casts a “line” via email, text, or pop-up message to see if there are any nibbles and bites. Eventually, someone ends up taking the bait, consequently, getting reeled in as the catch of the day. As a result, the victim’s computer or device has been compromised and open to hackers, malware, ransomware, and other damaging tools that steal passwords, bank account information, or shut down ones access to their own computer system.

“In 2023, The FBI’s Internet Crime Complaint Center received 880,418 complaints with potential losses exceeding $12.5 billion. This is almost a 10% increase in complaints from 2022 (800,944 complaints received) and a 22% increase in losses from 2022 ($10.3 billion). That’s more than 2,400 complaints every single day,” said FBI Cleveland Special Agent in Charge Greg Nelsen. “Ohio ranked number five in the top 10 states of complaints, and number 17 in victim losses at over $197 million. And while we don’t like to see that number grow, we want to remind everyone to step up and report the crime or attempted scam. That is the only way we can identify criminals, investigate their actions, and dismantle their network.”

As scams continue to increase in scope and sophistication, it’s important that law enforcement and the public work together to stay ahead of the risks. If you have been a victim of an Internet-based financial crime, there is some optimism for recovery. The FBI IC3 Recovery Asset Team (RAT), established in February 2018, streamlines communication with financial institutions and assists FBI field offices with the freezing of funds for victims who made transfers to domestic accounts under fraudulent pretenses. The RAT has about a 71% success rate, with $538MM in losses frozen of the $758MM total losses. This greatly reduced the amount of money that would have been “paid” to bad actors by unsuspecting victims.

Protection Against Phishing Campaigns

  • The FBI recommends network defenders apply the following mitigations to reduce the risk of compromise:
    • At work: Educate employees on how to identify phishing, spear-phishing, social engineering, and spoofing attempts.
      • Advise employees to be cautious when providing sensitive information—such as login credentials—electronically or over the phone, particularly if unsolicited or anomalous. Employees should confirm, if possible, requests for sensitive information through secondary channels.
      • Create protocols for employees to send suspicious emails to IT departments for confirmation.
      • Mark external emails with a banner denoting the email is from an external source to assist users in detecting spoofed e-mails.
      • Enable strong spam filters to prevent phishing emails from reaching end users. Filter emails containing executable files from reaching end users.
      • Advise training personnel not to open email attachments from senders they do not recognize.
    • At home: Never accept a pop-up request or open a link that asks you to give control of your computer to another person or perceived entity.
    • Do not give our personal identifying information or provide information as a “correction” if the other person is close.
    • Require all accounts with password logins (e.g., service accounts, admin accounts, and domain admin accounts) to have strong, unique passphrases. Passphrases should not be reused across multiple accounts or stored on the system where an adversary may have access. (Note: Devices with local administrative accounts should implement a password policy that requires strong, unique passwords for each administrative account.)
    • Require multi-factor authentication for all services to the extent possible, particularly for webmail, virtual private networks, and accounts that access critical systems.
    • If there is evidence of system or network compromise, implement mandatory passphrase changes for all affected accounts.
    • Keep all operating systems and software up to date. Timely patching is one of the most efficient and cost-effective steps an organization can take to minimize its exposure to cybersecurity threats.
    • Advise family members not to open email attachments from senders they do not recognize and learn how to check carefully for “look-alike” emails and attachments.
    • Enable strong spam filters to prevent phishing emails from reaching end users. Filter emails containing executable files from reaching end users.

Since its inception, IC3 has received over 8 million complaints. To learn more about these and other scams targeting Americans visit FBI.gov, and if you believe you are the victim of a scam, take action by reporting it to the FBI’s Internet Crime Complaint Center at IC3.gov or by contacting your local law enforcement agency.

Northern Ohio Man Sentenced to Prison for Selling Fentanyl That Caused Six Overdoses, Including Two Deaths

Source: US FBI

TOLEDO – Gerald Isom, age 49, of Toledo, Ohio, was sentenced to 300 months in prison by U.S. District Judge James R. Knepp, II, after earlier pleading guilty to two counts of distribution of fentanyl. Isom was also ordered to serve 3 years of supervised release and pay a $200 special assessment and $1,026 in restitution.

According to court documents, during the evening of December 26, 2019, Isom sold fentanyl to a group of five young men who believed they were receiving cocaine. The young men snorted the fentanyl, and all five overdosed. Three of the young men later woke up to find out that two members of group had died as a result of ingesting the fentanyl. That same evening, Isom sold fentanyl to another man who believed he was receiving cocaine. That man also overdosed, but survived after he was revived with Narcan.

The investigation was conducted by the Lucas County Sheriff’s Office and the Federal Bureau of Investigation. This case was prosecuted by Assistant U.S. Attorneys Robert Melching, Alissa Sterling, and Michael Freeman.

Two Indian Nationals Charged in Elder Fraud Gold Bar Courier Scam

Source: US FBI

Cleveland – Anil Mangukia, 39, of Edison, New Jersey, and Yash Navadia, 25 of Secaucus, New Jersey, who were Indian Nationals, were both indicted by a federal grand jury and charged with money laundering conspiracy for their roles in an elder fraud gold bar courier scam (“Courier Scam”) targeting older Americans. They allegedly stole more than $127,000 and attempted to steal an additional $650,000 from a victim in Warrren, Ohio.

According to court documents, coconspirators posed as a customer service employee at a company or bank. They contacted a victim—typically an elder person—and falsely claimed that the victim’s account was at risk or had been compromised by a hacking event or similar computer intrusion. The purported customer service employee then referred the victim to another perpetrator who posed as a government agent, claiming that the fake government agent would assist the victim in avoiding or mitigating the effects of the account compromise. The fake government agent would discuss the incident with the victim, validate the false story told by the purported customer service or bank employee, and instruct the victim to either (1) move the victim’s money to another account that the perpetrators controlled, or (2) purchase gold or other valuable items and move them to the perpetrators’ account, claiming that the new account was secure and safe from the purported hackers. The perpetrators then used the stolen funds for their own benefit, without the victim’s knowledge or consent.

According to court documents, the defendants caused their victims to engage in several different types of transfers, such as the following: (i) withdrawing currency, converting it to cryptocurrency, and transferring the cryptocurrency to the coconspirators, who claimed they would deposit it into secure accounts; (ii) initiating bank transfers directly from victim’s accounts to acquire things of value that were handed over or otherwise transferred to coconspirators, who claimed that they would then convert those items into funds and deposit them in a secure account for the victim.

According to court documents, the defendants and their coconspirators also obtained proceeds from the Courier Scam directly from victims, traveling to meet victims either at their homes or nearby designated locations. There, the victims would give the defendants and their coconspirators U.S. currency, gold bars, or gold coins under false pretenses, persuaded that the perpetrators would secure the victims’ property.

“Our Office is committed to investigating and prosecuting those who commit financial scams that defraud our elderly citizens of their hard-earned savings,” said U.S. Attorney Rebecca C. Lutzko. “Financial fraud schemes of any variety cause serious financial harm to our community members, but those that target the elderly are particularly reprehensible. We encourage all members of the public to remain vigilant against such hoaxes and report suspected scams to law enforcement.”

“The FBI is focused on finding and investigating criminals preying on the trust of older Americans,” said FBI Cleveland Special Agent in Charge Greg Nelsen. “Scams are becoming more complex, with several layers of deceit in their ploy and bad actors working in groups to give the illusion of legitimacy. The FBI will not yield in its pursuit to identify these criminals and dismantle scam and fraud-based networks.”

An indictment is only a charge and is not evidence of guilt. A defendant is entitled to a fair trial in which it is the government’s burden to prove guilt beyond a reasonable doubt. If convicted, the defendant’s sentence will be determined by the Court after review of factors unique to this case, including the defendant’s prior criminal record, if any, the defendant’s role in the offense, and the characteristics of the violation. In all cases, the sentence will not exceed the statutory maximum, and in most cases, it will be less than the maximum.

This investigation was conducted by the Cleveland Division of the FBI. This case is being prosecuted by Assistant U.S. Attorneys Yasmine Makridis and Brian M. McDonough.

If you or someone you know is age 60 or older and has been a victim of financial fraud, help is standing by at the National Elder Fraud Hotline: 1-833-FRAUD-11 (1-833-372-8311). This U.S. Department of Justice hotline, managed by the Office for Victims of Crime, is staffed by experienced professionals who provide personalized support to callers by assessing the needs of the victim and identifying relevant next steps. Case managers will identify appropriate reporting agencies, provide information to callers to assist them in reporting, connect callers directly with appropriate agencies, and provide resources and referrals on a case-by-case basis. Reporting is the first step. Reporting can help authorities identify those who commit fraud and reporting certain financial losses due to fraud as soon as possible can increase the likelihood of recovering losses. The hotline is staffed seven days a week from 10:00 a.m. to 6:00 p.m. eastern time. English, Spanish and other languages are available.

Former CFO of Claddagh Irish Pubs Parent Company Sentenced to Imprisonment for Defrauding States Out of More Than $1 Million in Sales Tax Revenue

Source: US FBI

CLEVELAND – Ciaran Dillon, 57, of Orlando, Florida, was sentenced to 18 months imprisonment and ordered to pay a $25,000 fine by U.S District Judge Christopher A. Boyko after pleading guilty to defrauding multiple states of sales tax revenue where the restaurant chain operated. Dillon, was the former Chief Financial Officer (CFO) of CDG Acquisition, LLC (CDG), a company registered in the State of Ohio, which owned “The Claddagh Irish Pubs” chain of restaurants.

According to court documents, from January 2010 through May 2018, the defendant, acting in his official capacity as CFO of CDG, directed a company accountant to pay certain states less sales tax than the true amount owed. Based on the defendant’s instruction, the accountant would edit the company’s sales and sales tax figures, file false tax returns and pay states the amount instructed by the defendant. In total, the defendant defrauded the States of Indiana, Kentucky, Illinois, Michigan, Minnesota, Ohio, Pennsylvania and Wisconsin out of more than $1 million in sales tax revenue collected from CDG customers across fifteen restaurants.

The Court determined the defendant’s sentence after a review of factors unique to the case and the defendant, including the defendant’s role in the offenses and the nature of the crimes.

This investigation was conducted by the Federal Bureau of Investigation, Cleveland Division. The case was prosecuted by Assistant United States Attorney Alejandro A. Abreu.

California Man Pleads Guilty to Transporting Highland County Minor Interstate to Engage in Criminal Sexual Activity

Source: US FBI

CINCINNATI – A California man pleaded guilty in U.S. District Court to transporting a minor interstate to commit third degree rape of the Ohio teenager.

Alex Roman Nguyen, 29, of San Diego, pleaded guilty to transportation with intent to engage in illicit sexual conduct. The plea agreement includes a sentencing recommendation of up to 151 months in prison.

According to court documents, Nguyen met a 15-year-old girl from Hillsboro, Ohio, online and traveled from San Diego to Ohio to meet her in July 2022. Nguyen drove the minor to Kentucky to attempt to purchase airplane tickets and engaged in sex acts with the minor while in Kentucky.

Unable to obtain flight tickets, Nguyen and the minor boarded a Greyhound bus bound for San Diego and traveled on it until they were apprehended by law enforcement in El Paso, Texas.

Nguyen was charged by criminal complaint in the Southern District of Ohio the next day.

Sentencing of the defendant will be determined by the Court at a future hearing based on the advisory sentencing guidelines and other statutory factors.

Kenneth L. Parker, United States Attorney for the Southern District of Ohio; Cheryl Mimura, Acting Special Agent in Charge, Federal Bureau of Investigation (FBI), Cincinnati Division; and Hillsboro Police Chief Eric Daniels announced the guilty plea entered on March 4 before Senior U.S. District Judge Susan J. Dlott. Assistant United States Attorneys Kyle J. Healey and Julie D. Garcia are representing the United States in this case.

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Two Convicted in Multimillion-Dollar Adult Daycare Fraud Scheme

Source: US FBI

McALLEN, Texas – A federal jury has returned guilty verdicts against a doctor and a clinic employee for receiving illegal kickbacks after ordering unnecessary lab tests and prescriptions, announced U.S. Attorney Alamdar S. Hamdani.

The jury deliberated for approximately three hours before finding Dr. Osama Nahas, 69, McAllen, and Isabel Pruneda, 53, Edinburg, guilty of conspiracy to commit healthcare fraud, healthcare fraud and conspiracy to violate the Anti-Kickback Statute following a two-week trial. Pruneda was also convicted for aggravated identity theft.

“Adult day cares are supposed to be places where the elderly and vulnerable feel safe, not vehicles for scheming doctors and staff to make illegal profits through kickbacks and get-rich quick opportunities” said Hamdani. “Nahas and Pruneda preyed on the elderly by bribing their way into adult care facilities, abusing the trust and respect that doctors and medical professionals ordinarily deserve. Today’s conviction sends a message that patients should never be seen merely as dollar signs and that kickbacks play no role in the services that doctors order.”

Nahas is the owner and physician at Crosspoint Medical Clinic in Edinburg. He would travel to adult day care centers around the Rio Grande Valley ordering unnecessary lab tests and prescriptions on behalf of elderly and vulnerable clients who were spending time there. Pruneda, a medical assistant at Crosspoint, assisted Nahas in the scheme, helping to forge patient signatures on consent forms and misappropriate expensive patient medications such as pain creams. Among other things, Pruneda would strip patient information off and remove creams from their boxes so that she could hand them out as “goodie bags” to incentivize patients to be tested. 

From January 2016 to December 2017, Nahas and Pruneda ordered unnecessary lab tests and prescriptions which resulting in millions in losses. They directed those prescriptions and tests to companies who then paid them in kickbacks.

In June 2018, law enforcement executed a search warrant at Crosspoint and found hundreds of thousands in stolen medications.

Nahas and Pruneda also bribed their way into the adult daycare facilities by offering kickbacks to the adult daycare owners disguised as “rent” payments. 

The jury heard witness testimony revealing both Nahas and Pruneda accepted bribes in exchange for referrals, many of which were also disguised as “rent” payments.

Evidence revealed that both received tens of thousands of dollars in kickbacks from January 2016 to December 2017.

Nahas attempted to convince the jury the payments he received were legitimate “rent” payments for the use of space, and Pruneda ordered all the prescriptions and lab tests without his consent. Conversely, Pruneda’s defense argued she was doing what Nahas taught her and following orders, and she denied committing any forgeries. The jury did not believe those claims and found both guilty as charged.

U.S. District Chief Judge Randy Crane presided over the trial and set sentencing for May 16. At that time, both face up to 10 years in federal prison for the healthcare fraud conspiracy and each substantive healthcare fraud conviction, while the kickback conspiracy carries another possible five years in prison. For aggravated identity theft, Pruneda must also serve a mandatory two years which must be served consecutively to any other prison term imposed. They could also be ordered to pay up to $250,000 in fines.

Pruneda was taken into custody while Nahas was permitted to remain on bond pending their detention hearings set for March 4 and 8, respectively.

The FBI, Department of Health and Human Services – Office of Inspector General (OIG), Texas Attorney General’s Medicaid Fraud Control Unit and Texas Health and Human Services – OIG conducted the investigation. Assistant U.S. Attorneys Andrew Swartz and Brad Gray are prosecuting the case.