FBI Little Rock Seeks Safe Return of Luis Davila

Source: US FBI

Press release available in both English and Spanish.

LITTLE ROCK, AR— The FBI’s Little Rock Field Office is seeking information from the public about an Arkansas resident who went to Mexico to visit his girlfriend and has not been seen since March 29, 2021.

Luis Davila is a 31-year-old U.S. citizen who is approximately 5’10” in height, approximately 190 pounds, with brown eyes and black hair. Davila is from Bentonville, Arkansas, and was in Mexico visiting his girlfriend near Monterrey.

Luis was last seen near Monterrey, Mexico, on March 29, 2021, wearing a white shirt and jeans. He was driving a silver 2016 Nissan Maxima (Arkansas License Plate 936-VET).

Although the whereabouts of Davila are unknown at this time, it is believed he may still be in Mexico, possibly near Nuevo Laredo, Tamaulipas. Davila may be the victim of a kidnapping.

The public is urged to call the FBI at 1-800-CALL-FBI (225-5324) with any information. Tips can also be submitted online at tips.fbi.gov. Individuals who provide information may remain anonymous.


El FBI En Little Rock Procura El Retorno a Salvo De Luis Dávila

LITTLE ROCK, AR—La Oficina Regional del FBI en Little Rock solicita información del público sobre un residente de Arkansas quien fue a México a visitar a su novia, y el cual no ha sido visto desde el día 29 de marzo de 2021.

Luis Dávila es un ciudadano de los EE. UU. de 31 años de edad, de 5’10” (1.78 metros) de estatura aproximadamente, y de 190 libras de peso (86.1 kilogramos) aproximadamente, de ojos café, y de pelo negro. Dávila es de Bentonville, AR, y se encontraba en México visitando a su novia cerca de Monterrey.

Luis fue visto por última vez cerca de Monterrey, México, el día 29 de marzo de 2021, vestido con una camisa blanca y con un pantalón de mezclilla. Conducía un vehículo Nissan Máxima de color plateado y del año 2016 (Matrícula 936-VET de Arkansas).

Aunque el paradero de Dávila se desconoce en este momento, se cree que todavía pueda estar en México, posiblemente cerca de Nuevo Laredo, Tamaulipas. Es posible que Dávila sea la víctima de un secuestro.

Se insta a que el público llame al FBI al número 1-800-CALL-FBI (225-5324) con cualquier información. También se pueden proveer pistas en línea en tips.fbi.gov. Las personas que provean información pueden permanecer anónimas.

Hot Springs Man Pleads Guilty to Charges in Connection with Obtaining Coronavirus Relief Funds

Source: US FBI

Hot Springs, Arkansas – David Clay Fowlkes, Acting United States Attorney for the Western District of Arkansas, announced that James Heritage, age 38, of Hot Springs, Arkansas, pleaded guilty today to two charges stemming from his attempts to unlawfully obtain COVID-19  relief funds. The first count charged Heritage with making a false statement on a loan application to obtain money through the Small Business Administration’s Paycheck Protection Program (PPP) and the second count is one count of mail fraud, in connection with a scheme to collect Pandemic Unemployment Assistance (PUA), a form of supplemental unemployment insurance, from various state PUA administrators.

According to the plea agreement, Heritage received a PPP loan of approximately $180,000 by representing to the Small Business Administration that he was the owner of a Hot Springs business in need of financial assistance. Law enforcement discovered that the represented business did not exist, and the information in Heritage’s loan application was false. Agents also discovered that Heritage had applied for, and in many cases received, PUA benefits from state administrators in at least 40 different states and the District of Columbia, resulting in Heritage receiving approximately $350,000 in these benefits.

Heritage’s sentencing will be determined by the court at a later date, following the U.S. Probation Office’s completion of a presentence investigation. Based on his guilty plea, the maximum penalty on Count 1 includes imprisonment up to five years and a fine of up to $250,000, and on Count 2 includes up to 30 years imprisonment and a fine of $1,000,000.

The PPP allows qualifying small-businesses and other organizations to receive loans with a maturity of two years and an interest rate of 1%. PPP loan proceeds must be used by businesses on payroll costs, interest on mortgages, rent, and utilities. The PPP allows the interest and principal on the PPP loan to be forgiven if the business spends the loan proceeds on these expense items within a designated period of time after receiving the proceeds and uses at least a certain percentage of the PPP loan proceeds on payroll expenses. 

The case was investigated by the Department of Labor’s Office of the Inspector General, the Federal Bureau of Investigation, the United States Postal Inspection Service, and the Small Business Administration’s Office of the Inspector General. Assistant United States Attorney Hunter Bridges is prosecuting the case for the United States.

U.S. Attorney’s Office Secures 25-Year Sentence for Farmington Man in Fatal Shooting Case

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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Bergen County Woman Charged with Destroying Cell Phone to Obstruct Federal Investigations Into Her Husband and Herself

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.

Father and Son Owners of Florida Marketing and Medical Device Companies Charged with $28 Million Health Care Fraud and Kickback Scheme

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.

Additional Five-Year Sentence for Prison Assault

Source: US FBI

TUCSON, Ariz. – Robert Cameron Foust, 39, of Alabama, was sentenced last week by United States District Judge Scott H. Rash to five years in prison. Foust will serve his five years consecutive to the sentence he is currently serving in CR 09-10100-JTM (District of Kansas). Foust previously pleaded guilty to Assault with a Dangerous Weapon. 

On October 18, 2018, Foust, an inmate at the Federal Bureau of Prison’s Federal Correctional Center, in Tucson, Arizona, attacked another inmate with a prison-made knife. The victim fell to the ground and Foust continued to stab him. In total, the victim sustained more than 20 non-life-threatening wounds. Foust later told agents that had the victim resisted or defended himself during the stabbing event, Foust would have “smoked” the victim. Foust also admitted that he had made the five-inch knife. At the time of the attack, Foust was already serving a 185-month sentence for Commercial Robbery, Use of a Firearm During a Crime of Violence, and Felon in Possession of a Firearm. 

The FBI and the Federal Bureau of Prisons conducted the investigation in this case. Assistant U.S. Attorney Serra M. Tsethlikai, District of Arizona, Tucson, handled the prosecution.

CASE NUMBER:           CR-19-00841-TUC-SHR
RELEASE NUMBER:    2023-142_Foust

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For more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az/
Follow the U.S. Attorney’s Office, District of Arizona, on Twitter @USAO_AZ for the latest news.

Father and Son From New Jersey Arrested for Actions During January 6 Capitol Breach

Source: US FBI

        WASHINGTON — Two men from New Jersey have been arrested on various felony and misdemeanor charges stemming from their alleged conduct during the Jan. 6, 2021, breach of the U.S. Capitol. Their alleged actions and the actions of others disrupted a joint session of the U.S. Congress convened to ascertain and count the electoral votes related to the 2020 presidential election.

        Richard Andrews, 72, of Brick, New Jersey, is charged in a criminal complaint filed in the District of Columbia with a felony offense of assaulting, resisting, or impeding certain officers and obstruction of law enforcement during a civil disorder. In addition to the felonies, Richard Andrews is charged with misdemeanor offenses of knowingly entering or remaining in any restricted building or grounds without lawful authority, disorderly and disruptive conduct in a restricted building or grounds and disorderly conduct in a capitol building.

        Also charged is Keith Andrews, 49, of Howell, New Jersey. Keith Andrews is charged with misdemeanor offenses of knowingly entering or remaining in any restricted building or grounds without lawful authority, disorderly and disruptive conduct in a restricted building or grounds, disorderly conduct in a Capitol building, and parading, demonstrating, or picketing in any of the Capitol buildings.

        The FBI arrested the two men on Oct. 29, 2024, in New Jersey, and they will make their initial appearance in the District of New Jersey.

        According to court documents, on Jan. 6, 2021, Richard and Keith Andrews attended the “Stop the Steal” rally at the Ellipse in Washington, D.C., before proceeding to the restricted Capitol grounds. Richard Andrews wore a black zip-up jacket, blue tee, and gray knit skull cap, while Keith Andrews was dressed in a dark gray hoodie, black tee with white lettering, jeans, dark sneakers, and a camouflage “Trump 2020” hat. Keith also carried a camouflage backpack.

        Upon arriving at the Capitol, the two men ascended the north scaffolding to reach the Upper West Terrace. At approximately 2:49 p.m., it is alleged that Keith Andrews entered the Capitol through a window near the Senate Wing Door as Capitol Police struggled to hold back the crowd. Keith then momentarily exited, encouraging others to enter, and reentered minutes later. While inside, Keith stayed in the Senate Wing hallway for ten minutes, encouraging additional rioters to come in before leaving the building himself temporarily.

        Keith Andrews then reentered the Capitol at about 3:01 p.m., making his way to the Crypt while using his phone. He allegedly remained inside for approximately twelve minutes before exiting at 3:13 p.m. Shortly after, police efforts to secure the Senate Wing intensified, including by closing the shutters on the window Keith had used to enter the building.

        Later, at about 3:16 p.m., it is alleged that Richard Andrews threw a chair through the closed shutters, reopening them and striking an officer in the process.

        Minutes later, Keith allegedly reentered the Capitol a third time, engaging in a brief dispute with officers trying to clear the building before exiting by 3:20 p.m. Later that afternoon, as officers tried to remove rioters from the Upper West Terrace, Richard Andrews shoved a police officer on the head. In response, officers deployed a chemical agent, causing Richard to retreat into the crowd.

        This 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 District of New Jersey.

        This case is being investigated by the FBI’s Newark and Washington Field Offices. Richard Andrews was identified as BOLO (Be on the Lookout) # 446 on the FBI’s seeking information images. Valuable assistance was provided by the United States Capitol Police and the Metropolitan Police Department.

        In the 45 months since Jan. 6, 2021, more than 1,532 individuals have been charged in nearly all 50 states for crimes related to the breach of the U.S. Capitol, including more than 571 individuals charged with assaulting or impeding law enforcement, a felony. The investigation remains ongoing.

        Anyone with tips can call 1-800-CALL-FBI (800-225-5324) or visit tips.fbi.gov.

        A complaint is merely an allegation, and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.

Essex County Man Indicted for Gunpoint Pharmacy Robbery

Source: US FBI

NEWARK, N.J. – An Essex County, New Jersey, man was arraigned today on charges related to his role in a December 2023 gunpoint robbery of a pharmacy in Livingston, New Jersey, U.S. Attorney Philip R. Sellinger announced.

Nariq Petes, 26, of Newark, was charged on Oct. 11, 2024, in a three-count indictment with conspiracy to commit Hobbs Act robbery, Hobbs Act robbery, and brandishing a firearm during and in relation to a crime of violence. He was arraigned today before U.S. District Judge William J. Martini in Newark federal court, entered a plea of not guilty and was detained,

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

On Dec. 30, 2023, Petes and a conspirator drove together to a pharmacy and entered the pharmacy wearing black masks. Once inside the pharmacy, Petes brandished a handgun and demanded prescription drugs. Petes and his conspirator took at least six bottles of prescription medication.

The conspiracy to commit Hobbs Act robbery and Hobbs Act robbery counts each carry a statutory maximum penalty of 20 years in prison and a $250,000 fine, or twice the gain or loss from the offense. The count of using, carrying, and brandishing a firearm during a crime of violence carries a mandatory minimum sentence of seven years in prison and a maximum potential penalty of life in prison. The sentence on this charge must be consecutive to any other sentence imposed.

U.S. Attorney Sellinger credited special agents of the FBI, under the direction of Acting Special Agent in Charge Nelson I. Delgado, and members of the Livingston Police Department, under the direction of Police Chief Gary Marshuetz, with the investigation leading to the charges.

The government is represented by Assistant U.S. Attorney Sam Thypin-Bermeo of the OCDETF/Narcotics Unit in Newark.

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

Tucson Felon Sentenced to More Than 11 Years for Distribution of Methamphetamine

Source: US FBI

TUCSON, Ariz. – On September 5, Sean Lee Arnold, 51, of Tucson, was sentenced by United States District Judge James A. Soto to 135 months in prison, followed by five years of supervised release. Arnold previously pleaded guilty to Possession with the Intent to Distribute Methamphetamine and Possession of a Firearm by a Convicted Felon.

On August 31, 2021, law enforcement agents served a search warrant on Arnold’s home in central Tucson where they found approximately 1.35 kilograms of pure methamphetamine and a rifle. Arnold admitted to agents that he bought and sold multiple pounds of methamphetamine a month and that he knew he was prohibited from possessing weapons.

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.

Homeland Security Investigations, the FBI, and the Drug Enforcement Administration conducted the investigation in this case. Assistant U.S. Attorneys, Ashley Culver and David Petermann, District of Arizona, Tucson, handled the prosecution.

CASE NUMBER:           CR 21-2521-TUC-JAS
RELEASE NUMBER:    2023-140_Arnold

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For more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az/
Follow the U.S. Attorney’s Office, District of Arizona, on Twitter @USAO_AZ for the latest news.

Ocean County Man Sentenced to Two Years in Prison for Money Laundering

Source: US FBI

NEWARK, N.J. – An Ocean County, New Jersey, man was sentenced today to 24 months in prison for illegally laundering the proceeds of a wire fraud scheme, U.S. Attorney Philip R. Sellinger announced. 

Eli Schamovic, 43, of Lakewood, New Jersey, previously pleaded guilty before U.S. District Judge Kevin McNulty to an information charging him with money laundering. U.S. District Judge Susan D. Wigenton imposed the sentence today in Newark federal court.

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

Schamovic made or caused others to make numerous fraudulent financial transactions through at least two entities that Schamovic formed and established as merchants that used multiple credit card processing companies. These transactions resulted in more than $1 million in losses to a multinational financial services corporation that specialized in payment cards. Schamovic laundered portions of the proceeds of this scheme, including through an approximately $500,000 wire transfer from a bank account under his control.

In addition to the prison term, Judge Wigenton sentenced Schamovic to three years of supervised release and ordered restitution of $1.68 million.

U.S. Attorney Sellinger credited postal inspectors with the U.S. Postal Inspection Service in Newark, under the direction of Inspector in Charge Christopher A. Nielsen, Philadelphia Division; special agents of the FBI, under the direction of Acting Special Agent in Charge Nelson I. Delgado in Newark, and special agents of IRS-Criminal Investigation, under the direction of Special Agent in Charge Jenifer L. Piovesan Newark, with the investigation leading to the sentencing.

The government is represented by Assistant U.S. Attorney Andrew Kogan of the U.S. Attorney’s Office Cybercrime Unit in Newark.