MIL Security Engine-1

Source: US FBI

DENVER – The U.S. Attorney’s Office for the District of Colorado announces that Kimberly Ann Tew, 43, Denver, Colorado was sentenced to 48 months in prison, and Michael Tew, 45, Denver, Colorado was sentenced to 42 months for their roles in a wire fraud scheme that defrauded National Air Cargo, a logistics company and contractor for the Department of Defense. A federal jury in Denver returned guilty verdicts against both defendants on February 15, 2024.  Ms. Tew was ordered to pay a forfeiture money judgment of over $5 million, restitution in the same amount, and a $35,000 fine.  Mr. Tew shares in the money judgement, restitution, and a $100,000 fine.

According to the facts established at trial, beginning in 2018, Michael Tew and Kimberly Tew conspired to defraud National Air Cargo through the submission of dozens of false invoices for services and items that were never provided.  Over the course of two years, with the help of a co-conspirator, the Tews defrauded the business of five million dollars.  Testimony at trial demonstrated the Tews gambled away much of the money and spent $2.4 million buying cryptocurrencies at cryptocurrency ATMs across the Denver area.  Michael Tew also failed to file federal income tax returns for tax years 2016 through 2019, on both his earned income and funds obtained from the fraud scheme.

“The Tews enriched themselves by exploiting the trust of an employer, and they deserve every day of these sentences,” said Acting United States Attorney for the District of Colorado Matt Kirsch.  “We are grateful to our partners at IRS-CI and the FBI for their help in bringing them to justice.”  

“Michael and Kimberly Tew’s greed and desire for a lavish lifestyle led to the judgement handed down today,” said Tom Demeo, Acting Special Agent in Charge, IRS Criminal Investigation Denver Field Office. “These two sentences are an example of the impressive work of our special agents and law enforcement partners and reinforces the fact that financial crimes carry with them significant penalties.”

“This audacious and greedy scheme defrauded a defense contractor of $5 million over several years. These criminal acts fully warrant the penalties imposed,” said FBI Denver Special Agent in Charge Mark Michalek. “The FBI remains committed to working with IRS-CI to target and bring to justice individuals engaged in such unlawful behavior.”

Kimberly Tew was sentenced by United States District Court Judge Daniel D. Domenico on August 8, 2024.  Michael Tew was sentenced by Judge Domenico on November 12, 2024.

IRS Criminal Investigation, and the FBI Denver Field Office conducted the investigation.  Assistant United States Attorneys Bryan Fields and Sarah Weiss and former Assistant United States Attorney Hetal Doshi handled the prosecution.

Case Number: 20-cr-00305-DDD            

Source: US FBI

DENVER – The United States Attorney’s Office for the District of Colorado announces that David Wayne Watkins, 45, of Pueblo, Colorado, was convicted by a federal jury on five counts including possession of fentanyl with intent to distribute, possession of methamphetamine with intent to distribute, being a felon in possession of a weapon and ammunition, possession of a weapon in furtherance of a drug trafficking crime, and possession of an unregistered short-barreled rifle.

According to the facts established at trial, Watkins was stopped by Pueblo Police in December of 2023 for a forged temporary license plate tag.  During the stop, Watkins briefly ran from officers before his arrest.  During his arrest, police recovered a loaded handgun from his waistband and a bag and wallet together containing $52,000 in cash, 378 fentanyl pills, and 25 grams of pure methamphetamine. When officers searched his car, they found one additional handgun, numerous firearm magazines and ammunition, clear baggies, and a bag with an additional 375 fentanyl pills.  A search of his hotel room resulted in the recovery of a short-barreled rifle and additional ammunition.

“Violent drug dealers have no place in our communities, and we are proud of the team effort that was involved in getting this repeat offender off the street,” said Acting United States Attorney for the District of Colorado Matt Kirsch.

“This felon was responsible for bringing weapons and drugs into the Pueblo community, and neighborhoods are safer with him behind bars,” said FBI Denver Special Agent in Charge Mark Michalek. “FBI Denver leans on successful partnerships with Pueblo Police Department, Denver Police Department, ATF, DEA and USAO to support our common goals. We will continue our steadfast support and commitment to the Pueblo Community.”

“This conviction is testament to the hard work and perseverance of the Pueblo Police Department’s Investigations Division, and more specifically the gang and narcotics unit,” said Pueblo Police Department Chief of Police Chris Noeller. “I want to commend the US Attorney’s Office and the jury for helping to ensure Mr. Watkins is held accountable for his actions and for working to keep this dangerous criminal off the streets of our community.”

United States District Court Judge S. Kato Crews presided over the trial. The Pueblo Police Department and the FBI Denver Field Office handled the investigation.  The Violent Crime and Immigration Enforcement Section of the United States Attorney’s Office for the District of Colorado handled the prosecution.

This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.

Case Number: 1:24-cr-00058-SKC

Source: US FBI

Second Defendant Sentenced to 16 Months in Prison for Laundering Drug Proceeds Disguised As International Wire Transfers

Source: US FBI

SAN JOSE – A federal grand jury indicted four defendants in an alleged scheme to defraud a San Francisco-based delivery company.

All four defendants were arrested on Oct. 4, 2024.  Defendants Sayee Chaitanya Reddy Devagiri, 30, and Manaswi Mandadapu, 29, were arrested in Newport Beach, Calif., made their initial appearances in Santa Ana, and were released on bond.  Defendant Matheus Duarte, 29, was arrested in Mountain House, Calif., made his initial appearance in San Jose, and was released on bond.  Defendant Hari Vamsi Anne, 30, was arrested in Cypress, Tex., made his initial appearance in Houston, and was detained pending further proceedings.

Each defendant is charged with a single count of conspiracy to commit wire fraud.  According to the indictment filed Aug. 7, 2024, and unsealed Oct. 4, 2024, from November 2020 to February 2021, the defendants allegedly worked together to cause the victim company (“Entity One”) to pay for deliveries that never occurred.  Entity One’s business includes providing delivery services to customers in response to orders placed using the company’s platform.  Drivers fulfill those orders by collecting the ordered items from restaurants and other merchants and delivering them to customers.  In furtherance of the scheme, defendants allegedly created fraudulent customer accounts and driver accounts on Entity One’s platform and used the fictitious customer accounts to place orders for delivery.  As alleged in the indictment, using insider access to Entity One’s computer systems, defendants assigned those orders to fraudulent driver accounts, then manipulated Entity One’s computer systems to cause Entity One to pay the fraudulent driver accounts as if individual orders had been delivered hundreds of times.  The scheme allegedly resulted in fraudulent payments exceeding $2,500,000.

The indictment alleges that the defendants gained access to Entity One’s computer systems using credentials belonging to an employee of Entity One identified as “Individual One.”  Individual One is Tyler Thomas Bottenhorn, a resident of Solano County, Calif., who was briefly employed by Entity One in 2020.  Bottenhorn was not charged in the indictment unsealed on Oct. 4, but he was separately charged by indictment with conspiracy to commit wire fraud in a federal criminal case filed Sept. 29, 2022, and unsealed Oct. 7, 2024.  Bottenhorn pleaded guilty on Nov. 7, 2023, and admitted to being involved in the scheme to defraud Entity One.

An indictment merely alleges that crimes have been committed, and all defendants are presumed innocent until proven guilty beyond a reasonable doubt. If convicted, each defendant faces a maximum sentence of 20 years in prison, and a fine of $250,000, plus restitution if appropriate.  However, any sentence following conviction would be imposed by the court after consideration of the U.S. Sentencing Guidelines and the federal statute governing the imposition of a sentence, 18 U.S.C. § 3553.

The announcement was made by U.S. Attorney Ismail J. Ramsey and Federal Bureau of Investigation (FBI) Special Agent in Charge Robert K. Tripp.

This case is being prosecuted by Assistant U.S. Attorneys Michael G. Pitman and Jeffrey D. Nedrow with assistance from Sahib Kaur.  The prosecution is the result of an investigation by the FBI.

Sayee Chaitanya Reddy Devagiri Indictment
 

Source: US FBI

WASHINGTON – The Justice Department announced today the unsealing of a warrant authorizing the seizure of 41 internet domains used by Russian intelligence agents and their proxies to commit computer fraud and abuse in the United States. As an example of the Department’s commitment to public-private operational collaboration to disrupt such adversaries’ malicious cyber activities, as set forth in the National Cybersecurity Strategy, the Department acted concurrently with a Microsoft civil action to restrain 66 internet domains used by the same actors.

“Today’s seizure of 41 internet domains reflects the Justice Department’s cyber strategy in action – using all tools to disrupt and deter malicious, state-sponsored cyber actors,” said Deputy Attorney General Lisa Monaco. “The Russian government ran this scheme to steal Americans’ sensitive information, using seemingly legitimate email accounts to trick victims into revealing account credentials. With the continued support of our private sector partners, we will be relentless in exposing Russian actors and cybercriminals and depriving them of the tools of their illicit trade.”

“This seizure is part of a coordinated response with our private sector partners to dismantle the infrastructure that cyber espionage actors use to attack U.S. and international targets,” said U.S. Attorney Ismail J. Ramsey for the Northern District of California. “We thank all of our private-sector partners for their diligence in analyzing, publicizing, and combating the threat posed by these illicit state-coordinated actions in the Northern District of California, across the United States, and around the world.”

“This disruption exemplifies our ongoing efforts to expel Russian intelligence agents from the online infrastructure they have used to target individuals, businesses, and governments around the world,” said Assistant Attorney General Matthew G. Olsen of the Justice Department’s National Security Division. “Working closely with private-sector partners such as Microsoft, the National Security Division uses the full reach of our authorities to confront the cyber-enabled threats of tomorrow from Russia and other adversaries.”

“Working in close collaboration with public and private sector partners—in this case through the execution of domain seizures — we remain in prime position to counter and defeat a broad range of cyber threats posed by adversaries,” said FBI Deputy Director Paul Abbate. “Our efforts to prevent the theft of information by state-sponsored criminal actors are relentless, and we will continue our work in this arena with partners who share our common goals.”

“This case underscores the importance of the FBI’s enduring partnerships with private sector companies, which allow for rapid information sharing and coordinated action. With these seizures, we’ve disrupted a sophisticated cyber threat aimed at compromising sensitive government intelligence and stealing valuable information,” said FBI Special Agent in Charge Robert Tripp. “Today’s success highlights the power of collaboration in safeguarding the United States against state-sponsored cybercrime.”

According to the partially unsealed affidavit filed in support of the government’s seizure warrant, the seized domains were used by hackers belonging to, or criminal proxies working for, the “Callisto Group,” an operational unit within Center 18 of the Russian Federal Security Service (the FSB), to commit violations of unauthorized access to a computer to obtain information from a department or agency of the United States, unauthorized access to a computer to obtain information from a protected computer, and causing damage to a protected computer. Callisto Group hackers used the seized domains in an ongoing and sophisticated spear-phishing campaign with the goal of gaining unauthorized access to, and steal valuable information from, the computers and email accounts of U.S. government and other victims.

In conjunction, Microsoft announced the filing of a civil action to seize 66 internet domains also used by Callisto Group actors. Microsoft Threat Intelligence tracks this group as “Star Blizzard” (formerly SEABORGIUM, also known as COLDRIVER). Between January 2023 and August 2024, Microsoft observed Star Blizzard target over 30 civil society entities and organizations – journalists, think tanks, and nongovernmental organizations (NGOs) – by deploying spear-phishing campaigns to exfiltrate sensitive information and interfere in their activities.

The government’s affidavit alleges the Callisto Group actors targeted, among others, United States-based companies, former employees of the United States Intelligence Community, former and current Department of Defense and Department of State employees, United States military defense contractors, and staff at the Department of Energy. In December 2023, the Department announced charges against two Callisto-affiliated actors, Ruslan Aleksandrovich Peretyatko (Перетятько Руслан Александрович), an officer in FSB Center 18, and Andrey Stanislavovich Korinets (Коринец Андрей Станиславович). The indictment charged the defendants with a campaign to hack into computer networks in the United States, the United Kingdom, other North Atlantic Treaty Organization member countries, and Ukraine, all on behalf of the Russian government.

The FBI San Francisco Field Office is investigating the case.

The U.S. Attorney’s Office for the Northern District of California and the Justice Department’s National Security Cyber Section of the National Security Division are prosecuting the case.

The case is docketed at Application by the United States for a Seizure Warrant for 41 Domain Names For Investigation of 18 U.S.C. § 1956(a)(2)(A) and Other Offenses, No. 4-24-71375 (N.D. Cal. Sept. 16, 2024).

An affidavit in support of a seizure warrant and an indictment are merely allegations. All defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
 

Source: US FBI

SAN FRANCISCO – A federal grand jury has indicted Jessica Engle on charges that she embezzled from an Indian tribal organization and stole funds from a program receiving federal funds.

Engle, 42, of Gold Hill, Ore., was arrested on Oct. 2, 2024, and made an initial appearance in federal district court in Medford, Ore., that same day.  Engle is scheduled to appear before a magistrate judge in San Francisco on Oct. 16, 2024, to face the charges.

According to an indictment filed Sept. 25, 2024, and unsealed Oct. 3, 2024, Engle served as the Chief Executive Officer of the Yurok Telecommunications Corporation, a wholly owned subsidiary of the Yurok Tribe.  Between July 2021 and May 2022, Engle allegedly embezzled approximately $579,574 from the Yurok Tribe.  In the year preceding Engle’s alleged theft, the Yurok Tribe received over $10,000 in funding from the federal government.

The indictment charges Engle with one count of embezzlement from an Indian tribal organization, in violation of 18 U.S.C. § 1163, and one count of theft from programs receiving federal funds, in violation of 18 U.S.C. § 666.

An indictment merely alleges that crimes have been committed and all defendants are presumed innocent until proven guilty beyond a reasonable doubt.  If convicted, Engle faces a maximum statutory penalty of five years in prison for a violation of 18 U.S.C. § 1163 and 10 years in prison for a violation of 18 U.S.C. § 666, and a fine of $250,000 or twice the value of the property involved in the transactions per count.  However, any sentence following conviction would be imposed by the Court only after consideration of the U.S. Sentencing Guidelines and the federal statute governing the imposition of a sentence, 18 U.S.C. § 3553.

The announcement was made by United States Attorney Ismail J. Ramsey and Federal Bureau of Investigation (FBI) Special Agent in Charge Robert Tripp.

Assistant U.S. Attorney Josiah Bournes is prosecuting this case with the assistance of Soana Katoa.  This prosecution is the result of an investigation by the FBI.  The U.S. Attorney’s Office and the FBI appreciate the assistance of the Yurok Tribal Police.
 

Jessica Engle Indictment

Source: US FBI

Defendant Allegedly Raised Over $40 Million While Misrepresenting Financial and Sales Information

Source: US FBI

NEWS RELEASE SUMMARY – March 11, 2024

SAN DIEGO – Anthony Duane Bell Sr. and his son, Anthony Duane Bell Jr., were sentenced in federal court today to 65 months and 12 months and one day, respectively, for their roles in fraudulently receiving more than $21 million in Medicare payments and lying to cover it up.  

The pair, along with others, conspired to commit Medicare fraud by billing for medically-unnecessary durable medical equipment such as knee, ankle, shoulder, wrist and back braces.  Bell Sr. pleaded guilty to Medicare fraud while Bell Jr. pleaded guilty to making false statements to a federal officer.

U.S. District Court Judge William Q. Hayes also ordered Bell Sr. to pay $21,725,604.56 in restitution to Medicare and forfeit $806,375.12 and a luxury house in El Cajon. The forfeited property was purchased using money obtained from the fraud. In arriving at the sentence, Judge Hayes found that Bell Sr. intended to defraud Medicare of over $46 million dollars and received over $21 million dollars. 

“This brazen scheme exploited elderly and disabled Medicare beneficiaries so these defendants could line their own pockets,” said U.S. Attorney Tara K. McGrath.  “Together with our law enforcement partners, this office will continue to vigorously investigate and prosecute fraud that diverts Medicare funds from some of our nation’s most vulnerable citizens.” 

“Those who game the system to take advantage of federal health care programs for personal financial gain do so at the expense of those who rely on these programs and American taxpayers,” said Special Agent in Charge Timothy B. DeFrancesca of the Department of Health and Human Services Office of the Inspector General (HHS-OIG). “Together with our law enforcement partners, HHS-OIG will continue working diligently to hold these individuals accountable.”

“The Bells using their business as a front to defraud the U.S. government and Medicare program is unacceptable,” said FBI San Diego Acting Special Agent in Charge Tom Ryan. “The FBI and its law enforcement partners will continue to dedicate their resources to make sure individuals who try to illegally profit from the U.S. government will be prosecuted.”

According to court records, the Bells created companies known as Universal Medical Solutions 1 and Universal Medical Solutions 2, which supplied durable medical equipment. In order to find customers for their businesses, the Bells entered into sham agreements with “marketing” companies that, instead of marketing, provided packets of information about Medicare beneficiaries for $125 to $350 each. These packets of information included a Medicare beneficiary’s personal information, medical history, Medicare number, and an audio recording between a call center and the patient, in which the patient supposedly agreed to accept a brace. The packet also included a signed prescription from a doctor, obtained via telemedicine, claiming that the brace was medically necessary for the patient – although in almost all cases the prescription was signed by a physician who had no previous doctor-patient relationship with the patient, was often in another state, and at most had conducted an audio call with the patient. In all cases the doctor had not conducted any kind of physical examination of the patient.

The Bells bought thousands of these patient packets, each time indirectly paying the telemedicine doctors through the “marketing” companies. The packets were referred to in the industry as “Doctor’s Orders” or “D.O.s.” The Bells purchased the “D.O.s” for a variety of braces, paying the most (up to $350) for a back brace prescription, the type of medical equipment for which Medicare offered the highest reimbursement. The Bells could then, after shipping the brace to the patient, bill Medicare around $1,359.89 for each back brace, through their companies. The Bells also bought other braces, including wrist, knee, and shoulder braces, and billed Medicare at much higher prices than they paid for them.

When Bell Jr. was interviewed by the FBI, he lied about his knowledge of the scheme.

The case is being prosecuted by Assistant U.S. Attorneys Valerie H. Chu and Christopher M. Alexander of the Southern District of California. 

DEFENDANTS                                             Criminal Case No. 20CR2887-WQ                                             

Anthony Duane Bell Sr.                                 Age: 55                       El Cajon, California

Anthony Duane Bell Jr.                                  Age: 33                       El Cajon, California

SUMMARY OF CHARGE

Health Care Fraud, a felony, in violation of Title 18, United States Code, Section 1347.

Maximum Penalty:  Ten years in custody; a fine of $250,000; a mandatory special assessment of $100; an order of restitution; and a three-year term of supervised release. 

False Statement, a felony, in violation of Title 18, United States Code, Section 1001.

Maximum Penalty:  Five years in custody; a fine of $250,000; a mandatory special assessment of $100; an order of restitution; and a three-year term of supervised release. 

INVESTIGATING AGENCIES

Federal Bureau of Investigation

Department of Health and Human Services, Office of Inspector General

United States Marshal’s Service

Source: US FBI

NEWS RELEASE SUMMARY – March 1, 2024

SAN DIEGO – Charles Ronald Green Jr. and his wife, Melinda Elizabeth Green, were sentenced in federal court today to 27 months each for fraudulently billing government healthcare programs more than $125 million for medically unnecessary treatments.

According to court filings, the Greens engaged in a scheme to defraud two major federal health care programs: TRICARE, the medical benefits program for military servicemembers and their families, and Medicare, the program that provides benefits to elderly or disabled Americans. 

Chief U.S. District Judge Dana M. Sabraw also ordered $4.5 million in restitution to TRICARE and $69,915,909.69 to Medicare.

Between May 12, 2014, and June 29, 2015, the Greens conspired to submit false and fraudulent claims to TRICARE for expensive and medically unnecessary pain creams, scar creams and multi-vitamins (collectively, “compounded medications”), which were billed through various pharmacies. During this period, the Greens owned or were officers of several companies they used in furtherance of their scheme. The pharmacies paid these companies millions of dollars in illegal kickbacks and other remuneration in exchange for the referral of the false and fraudulent prescriptions for compounded medications to TRICARE beneficiaries.

In turn, the Greens and others paid a portion of their profits as kickbacks to so-called “marketing” organizations in exchange for more prescriptions for compounded medications. TRICARE and other payers often reimbursed compounding pharmacies thousands of dollars for a 30-day supply of a compounded pain or scar cream for one beneficiary. In just one example, on May 8, 2015, a false and fraudulent claim was submitted to TRICARE in the amount of $14,178 for Baclofen Powder.

In furtherance of the compounding fraud scheme, the Greens and others developed compounded medication formulations for the primary purpose of inflating the amount of money TRICARE would reimburse, and to correspondingly increase the amount of kickbacks and remuneration that affiliated marketers would receive.

The Greens’ knowing participation in the compounding fraud scheme resulted in the submission of false and fraudulent claims by one pharmacy in the approximate amount of $8,107,816, of which TRICARE paid at least $6,776,222.

Between June 1, 2018, and April 2019, the Greens also conspired to defraud Medicare by submitting false and fraudulent claims for expensive durable medical equipment, or “DME,” similarly induced through a system of illegal kickbacks.  The Greens and others executed the DME fraud scheme by purchasing “completed doctors’ orders” from various “marketers” for Medicare beneficiaries, which included a prescription signed by a doctor certifying the beneficiary received an exam that met Medicare’s requirements and that the DME was medically necessary.

In an attempt to disguise the DME fraud scheme from detection, the Greens and their co-conspirators entered into sham “marketing” and other contracts that concealed the pay-per-order arrangement. For example, on March 14, 2019, Charles Ronald Green prepared and submitted an invoice from the Greens’ company, NHS Pharma, concealing that NHS Pharma was being paid a per-brace kickback for selling completed doctors’ orders, but claimed instead to be charging for a $35,000 “TV Campaign,” a quantity of 716 website “Landing Pages,” and $6,928.71 for processing hours.

In addition to purchasing doctors’ orders in furtherance of making false and fraudulent claims on behalf of DME companies they owned or controlled, in some instances the Greens brokered the doctors’ orders by re-selling them at a markup to other DME companies.

“Fraud schemes like this one drive up health care costs for everyone,” said U.S. Attorney Tara McGrath. “We will continue to investigate and bring to justice those who scam taxpayers and place their own financial interests ahead of patient care. Diverting resources from service members and the elderly is especially heinous.”

“The Greens’ greed cost American taxpayers tens of millions of dollars by defrauding federal healthcare programs, including the Department of Defense’s TRICARE program,” said Bryan D. Denny, Special Agent in Charge of the Department of Defense Office of Inspector General, Defense Criminal Investigative Service (DCIS), Western Field Office. “DCIS and its partners will always aggressively investigate those who conspire to defraud TRICARE, because those deceptive actions ultimately harm those defending our country and their families.”

“It is disheartening when people like the Greens go to great lengths to plan elaborate schemes that ultimately have negative effects on innocent citizens,” said FBI San Diego Special Agent in Charge Stacey Moy. “The FBI and its law enforcement partners will ensure that those who defraud the United States Government will be thoroughly investigated and prosecuted for their actions.”

The Court set a hearing for May 24, 2024, to resolve additional claims for restitution.

This case is being prosecuted by Assistant U.S. Attorney Valerie H. Chu. 

DEFENDANTS                                             Case Number 20cr1566-DMS                          

Melinda Elizabeth Green                                            Age: 63                                   Windermere, FL

Charles Ronald Green, Jr.                                           Age: 67                                   Windermere, FL

SUMMARY OF CHARGES

Conspiracy – Title 18, U.S.C., Section 371

Maximum penalty: Five years in prison and $250,000 fine

Health Care Fraud – Title 18, U.S.C., Section 1347

Maximum penalty: Ten years in prison and $250,000 fine

INVESTIGATING AGENCIES

Federal Bureau of Investigation

Health and Human Services Office of the Inspector General

Department of Defense Office of the Inspector General

Source: US FBI

NEWS RELEASE SUMMARY – March 5, 2024

SAN DIEGO – A superseding indictment was partially unsealed in the Southern District of California today charging Benjamin Madrigal-Birrueta, an alleged drug trafficker, with murdering two people to prevent them from testifying in drug trafficking prosecutions that were pending in federal court in San Diego.

The victims were identified as Cesar Armando Murillo, 44, and Maira Sofia Hernandez, 33, residents of Yakima, Washington. Court filings indicate Hernandez was six-months pregnant when she was killed, and the superseding indictment includes a separate count charging Madrigal-Birrueta with the death of her in utero child.

“These executions were an assault on our justice system, designed to silence witnesses and instill fear,” said U.S. Attorney Tara McGrath. “The obligation to protect witnesses is paramount and the United States will fully prosecute intimidation and violence designed to interfere with the justice system.”

“The cartels and drug trafficking organizations have reached beyond our borders, bringing their criminality to every city and small town in our interior,” said Special Agent in Charge Robert Hammer, who oversees HSI operations in the Pacific Northwest. “The murder of witnesses is an afront to our rule of law but HSI, along with our law enforcement partners, have the resources to uncover these horrible crimes and the dedication to dismantle the organizations harming our population, wherever they may be located.”

“HSI continues to tirelessly investigate criminal organizations who traffic dangerous drugs across our border and into the interior of the United States. In this pursuit we will ensure that anyone who is responsible for causing harm to a witness in one of our investigations is held accountable for these actions,” said HSI San Diego SAC Chad Plantz. “Fear or harm caused to those who report a crime or testify diminishes the public’s trust in the criminal justice system and erodes the foundation of the rule of law. HSI and its partners are committed to ensuring that anyone who tampers with witnesses or breaks the laws in place to protect them are brought to justice.”

The superseding indictment also charges Ricardo Orizaba with being an accessory after the fact to murder. Court filings indicate both victims were buried in a remote high-desert location near Yakima and that these charges follow a year-long search culminating in the discovery of their remains in September 2023. Hernandez is survived by her three minor children and Murillo is survived by two minor children.

The superseding indictment alleges Defendant Madrigal-Birrueta was a leader in a criminal enterprise that committed a series of felony violations of federal drug laws. According to court filings, the investigation originated with the seizure of drugs from vehicles using San Diego area ports of entry between August and October of 2021. The organization used late model stolen vehicles to smuggle drugs.  The superseding indictment alleges that Madrigal-Birrueta is responsible for the importation of those drugs.

According to court filings, by August of 2022, the investigation led agents to a group of individuals operating out of Yakima. Special Agents with Homeland Security Investigations interviewed Murillo and Hernandez, and within days of those interviews, Murillo and Hernandez were murdered and their bodies were buried in the high desert. Court filings describe how these charges follow an exhaustive, year-long investigation that employed geophysicists, ground penetrating radar, aircraft, laser imaging, chemical testing of the soil, numerous cadaver dogs, and other law enforcement techniques to search for the victims’ remains. HSI Special Agents successfully recovered the remains on September 13, 2023, aided by a Washington State Police Crime Scene Investigations team.

Special Agents with Homeland Security Investigations working with Washington State Police to exhume remains on September 13, 2023.

Court filings further indicate that, based on autopsy reports, both victims died of multiple gunshot wounds to the head. 

During the investigation agents seized methamphetamine, cocaine, fentanyl, multiple firearms — including a machine gun — and body armor from Madrigal-Birrueta’s drug trafficking organization.  In addition to the homicides, the superseding indictment charges Madrigal-Birrueta with possessing a machine gun in furtherance of a drug trafficking crime.

Federal courts in California and Washington state have ordered that Madrigal-Birrueta and Orizaba be detained pending trial, and both are in custody.

Weapons seized during the investigation on September 8, 2022.

This case is being prosecuted by Assistant U.S. Attorneys Stephen H. Wong and Alicia P. Williams.

DEFENDANTS                                             Case Number 23cr1684-RBM                                      

Benjamin Madrigal-Birrueta                                      Age: 22                                   Yakima, WA

Ricardo Orizaba                                                          Age: 21                                   Yakima, WA

SUMMARY OF CHARGES

Count 1:

Continuing Criminal Enterprise – Title 21, United States Code, Sections 848(a) and (b)(2)

Maximum penalty: Mandatory minimum twenty years and up to life in prison, $2 million fine

Count 2:

Conspiracy to Distribute Controlled Substances – Title 21, United States Code, Sections 841 and 846

Maximum penalty: Mandatory minimum ten years and up to life in prison, $2 million fine

Count 3:

Conspiracy to Import Controlled Substances – Title 21, United States Code, Sections 952, 960 and 963

Maximum penalty: Mandatory minimum ten years and up to life in prison, $2 million fine

Count 4:

Murder of Cesar Armando Murillo in Furtherance of a Drug Trafficking Conspiracy – Title 21, United States Code, Section 848(e)

Maximum penalty: Mandatory minimum sentence of twenty years and up to life, or death

Count 5:

Murder of Maira Sophia Hernandez in Furtherance of a Drug Trafficking Conspiracy – Title 21, United States Code, Section 848(e)

Maximum penalty: Mandatory minimum twenty years and up to life, or death

Count 6:

Conspiracy to Commit Witness Tampering: First Degree Murder – Title 18, United States Code, Sections 1512(a)(1)(A), (c), (2)(A), (3)(A), (c), (k), and 1111

Maximum penalty: Mandatory minimum term of life in prison or death, $250,000 fine

Count 7:

Witness Tampering: First Degree Murder of Cesar Armando Murillo – Title 18, United States Code, Sections 1512(a)(1)(A), (c), (3)(A), (c), (3)(A), and 1111

Maximum penalty: Mandatory minimum term of life in prison or death, $250,000 fine

Count 8:

Witness Tampering: First Degree Murder of Maira Sophia Hernandez – Title 18, United States Code, Sections 1512(a)(1)(A), (c), (3)(A), (c), (3)(A), and 1111

Maximum penalty: Mandatory minimum life in prison or death, $250,000 fine

Count 9:

Causing the Death of a Child in Utero – Title 18, United States Code, Sections 1841 and 1111.

Maximum penalty: Mandatory minimum life in prison or death, $250,000 fine

Count 10:

Witness Tampering: Threat of Force – Title 18, United States Code, Sections 1512(a)(2)(A), (C), (3)(A), and 1111

Maximum penalty: Up to twenty years in prison, $250,000 fine

Count 11:

Accessory After the Fact to Murder – Title 18 United States Code, Sections 3 and 1512(a)(1)(A) and Title 21, United States Code, Section 848(e), $250,000 fine

Count 12:

Possession, Brandishing, and Discharge of a Firearm in Furtherance of a Drug Trafficking Crime and a Crime of Violence – Title 18, United States Code, Sections 924(c)(1)(A)(iii) and 2, $250,000 fine

Count 13:

Possession and Brandishing of a Firearm in Furtherance of a Drug Trafficking Crime and a Crime of Violence – Title 18, United States Code, Sections 924(c)(1)(A)(iii) and 2, $250,000 fine

Count 14:

Possession, Brandishing, and Discharge of a Firearm in Furtherance of a Drug Trafficking Crime and a Crime of Violence – Title 18, United States Code, Sections 924(c)(1)(A)(iii) and 2, $250,000 fine

Count 15:

Possession of a Firearm in Furtherance of a Drug Trafficking Crime – Title 18, United States Code, Sections 924(c)(1)(A)(iii) and 2, $250,000 fine

Count 16:

Possession of a Machine Gun in Furtherance of a Drug Trafficking Crime – Title 18, United States Code, Sections 924(c)(1)(A)(i), (B)(ii), and 2 and Title 26, United States Code, Section 5845(b), $250,000 fine

Count 17:

Conspiracy to Commit Money Laundering – Title 18, United States Code, Section 1956(a)(1)(A)(i) and (h), $250,000 fine

AGENCIES

Homeland Security Investigations

Drug Enforcement Administration

Federal Bureau of Investigation

Bureau of Alcohol, Tobacco, Firearms and Explosives

Washington State Police

California Highway Patrol

Yakima Police Department

Tulare County Sheriff’s Office

Visalia Police Department

Fresno Sheriff’s Office

Fresno Police Department

*The charges and allegations contained in an indictment or complaint are merely accusations, and the defendants are considered innocent unless and until proven guilty.