Chief Science Officer of Publicly Traded Health Care Company Charged for Insider Trading Scheme Utilizing 10b5-1 Trading Plans

Source: US FBI

Second Indictment Stemming from Fraud Section’s Data-Driven Initiative to Identify 10b5-1 Trading Plan Abuses

Note: View a copy of the indictment here.

An indictment was unsealed today charging a former U.S. citizen with engaging in an insider trading scheme involving the stock of Humanigen Inc., a publicly traded biopharmaceutical company. Dale Chappell, 54, who was formerly the chief scientific officer and member of the Board of Directors of Humanigen, was arrested on Dec. 20 in Switzerland based on the U.S. criminal charges. The United States will seek Chappell’s extradition to stand trial in the District of New Jersey.

According to court documents, between June and August of 2021, Chappell avoided more than $38 million in losses by selling millions of shares of Humanigen stock while in possession of material nonpublic information about Humanigen’s application to the Food and Drug Administration (FDA) for approval of a drug to treat COVID-19 called Lenzilumab. Chappell — who sold the Humanigen shares through funds that he controlled — is alleged to have engaged in an insider trading scheme in which he fraudulently used Rule 10b5-1 trading plans to trade Humanigen stock.

The indictment alleges that, in March 2021, Humanigen announced that it planned to seek emergency use authorization (EUA) for Lenzilumab. However, between April and May 2021, FDA staff allegedly informed Humanigen that Humanigen was unlikely to meet the criteria for issuance of an EUA. As alleged, knowing that this information was not disclosed publicly by Humanigen, Chappell sold the funds’ Humanigen stock, and later also implemented Rule 10b5-1 plans to trade more Humanigen stock holdings. After Humanigen publicly announced that the FDA had declined EUA approval for Lenzilumab, Humanigen’s stock price declined approximately 50%.

Chappell is charged with one count of engaging in a securities fraud scheme and four counts of securities fraud for insider trading. If convicted, he faces a maximum penalty of 25 years in prison on the securities fraud scheme charge and 20 years in prison on each of the insider trading charges. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

The case is part of a data-driven initiative led by the Criminal Division’s Fraud Section to identify executive abuses of 10b5-1 trading plans. Chappell’s alleged trading was identified by the Fraud Section through its data-analytics tools. A Rule 10b5-1 trading plan, which allows a corporate insider of a publicly traded company to set up a plan for selling company stock, can offer an executive a defense to insider-trading charges. However, the defense is unavailable if the executive is in possession of material nonpublic information at the time he or she enters into the 10b5-1 trading plan. Additionally, a plan does not protect an executive if the trading plan was not entered into in good faith or was entered into as part of an effort or scheme to evade the prohibitions of Rule 10b5‑1.

Principal Deputy Assistant Attorney General Brent Wible, head of the Justice Department’s Criminal Division; U.S. Attorney Philip R. Sellinger for the District of New Jersey; and Assistant Director Chad Yarbrough of the FBI’s Criminal Investigative Division made the announcement.

The FBI is investigating the case. The Justice Department’s Office of International Affairs is handling the request for Chappell’s extradition.

Trial Attorneys David Austin and Matthew Reilly of the Criminal Division’s Fraud Section and Assistant U.S. Attorney Katherine Romano for the District of New Jersey are prosecuting the case.

An indictment is merely an allegation. All defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.

February Federal Grand Jury 2024-A Indictments Announced

Source: US FBI

United States Attorney Clint Johnson today announced the results of the February 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.

Derrick Adams. Felon in Possession of a Firearm; Possession of Marijuana with Intent to Distribute; Maintaining a Drug-Involved Premises. Adams, 45, of Tulsa, is charged with possessing a firearm, knowing he was previously convicted of a felony.  He is further charged with knowingly possessing marijuana with intent to distribute and maintaining a residence for the purpose of drug distribution. The Drug Enforcement Administration and the Oklahoma Bureau of Narcotics are the investigative agencies. Assistant U.S. Attorney Attila Bogdan is prosecuting the case. 25-CR-036

Odon Ambros-Cagan. Unlawful Reentry of a Removed Alien. Ambros-Cagan, 24, a Mexican national, is charged with unlawfully reentering the United States after having been previously removed in Mar. 2020. The investigative agency is ICE Enforcement and Removal Operations Dallas Field Office. Assistant U.S. Attorney Augustus Forster is prosecuting the case. 25-CR-023

Christopher Ray Barrett. Carjacking; Carrying, Using, and Brandishing a Firearm During and in Relation to a Crime of Violence; Felon in Possession of a Firearm and Ammunition. Barrett, 40, of Tulsa, is charged with taking a vehicle by force and brandishing a firearm during a crime of violence. Further, Barrett is charged with possessing a firearm and ammunition, knowing he was previously convicted of felonies The Bureau of Alcohol, Tobacco, Firearms and Explosives and the Tulsa Police Department are the investigative agencies. Assistant U.S. Attorneys Mike Flesher and Jessica Wright are prosecuting the case. 25-CR-024

Brandon Allen Boone. First Degree Burglary in Indian Country; Assault of an Intimate/Dating Partner by Strangling and Attempting to Strangle in Indian Country; Attempted Witness Tampering by Corrupt Persuasion. Boone, 25, of Bristow and a member of the Muscogee (Creek) Nation, is charged with breaking into an occupied home and strangling an intimate dating partner. Further, Boone attempted to prevent the victim from speaking with law enforcement officials. The Bureau of Indian Affairs, the Muscogee (Creek) Nation Lighthorse Police Department, and the Bristow Police Department are the investigative agencies. Assistant U.S. Attorneys Mallory Richard and Emily Dewhurst are prosecuting the case. 25-CR-025

Dylan Lee Boyd. Aggravated Sexual Abuse by Force and Threat in Indian Country; Sexual Abuse of a Minor in Indian Country; Abusive Sexual Contact with a Minor in Indian Country; Commission of Felony Sex Offense Involving a Minor by a Registered Sex Offender (superseding). Boyd, 27, of Quapaw and a member of the Miami Tribe of Oklahoma, is charged with knowingly engaging in a sexual act by force and threat with a minor victim under 16 years old in Nov. 2020.  He allegedly knowingly engaged in sexual abuse and abusive sexual contact with the minor victim. Boyd is further charged with committing a felony offense with a minor while being required to register as a sex offender. The Quapaw Nation Marshals Service is the investigative agency. Assistant U.S. Attorney Stacey P. Todd is prosecuting the case. 24-CR-114

Luis Fernando Contreras-Luviano. Unlawful Reentry of a Removed Alien. Contreras-Luviano, 39, a Mexican national, 
is charged with unlawfully reentering the United States after having been previously removed in May 2022. The investigative agency is ICE Enforcement and Removal Operations Dallas Field Office. Assistant U.S. Attorney Augustus Forster is prosecuting the case. 25-CR-026

Jose Guadalupe Franco-Colchado. Unlawful Reentry of a Removed Alien. Franco-Colchado, 27, a Mexican national, 
is charged with unlawfully reentering the United States after having been previously removed in Mar. 2019. The investigative agency is ICE Enforcement and Removal Operations Dallas Field Office. Assistant U.S. Attorney Tyson McCoy is prosecuting the case. 25-CR-027

Steven Leon Gibbs, Jr. First Degree Burglary in Indian Country; Assault with a Dangerous Weapon with Intent to do Bodily Harm in Indian Country. Gibbs, 34, of Glenpool and a member of the Muscogee (Creek) Nation, is charged with breaking into a home, and assaulting the victim with a dangerous weapon. The FBI and Tulsa Police Department are the investigative agencies. Assistant U.S. Attorneys Melissa Weems and Stephen Flynn are prosecuting the case. 25-CR-035

Santiago Lopez Gonzalez. Unlawful Reentry of a Removed Alien. Gonzalez, 43, a Mexican national, is charged with unlawfully reentering the United States after having been previously removed in Jan. 2023. The investigative agency is ICE Enforcement and Removal Operations Dallas Field Office. Assistant U.S. Attorney Mandy Mackenzie is prosecuting the case. 25-CR-028

Jason Lynn. Second Degree Murder in Indian Country. Lynn, 31, transient and a member of the Choctaw Nation of Oklahoma, is charged with unlawfully killing Alan Underwood in Jan. 2025. The FBI and Tulsa Police Department are the investigative agencies. Assistant U.S. Attorneys Kenneth Elmore and Stephen Flynn are prosecuting the case. 25-CR-038

Simon Martinez-Gonzales. Kidnapping of a Child. Martinez-Gonzales, 44, a Mexican National, is charged with kidnapping a minor child in Dec. 2024. The Homeland Security Investigations, the U.S. Border Patrol, Webb County Sheriff’s Office, and the Bartlesville Police Department are the investigative agencies. Assistant U.S. Attorneys Mallory Richard and Ashley Robert are prosecuting the case. 25-CR-029

Terry Lee Roland, Jr. Assault with a Dangerous Weapon with Intent to do Bodily Harm in Indian Country; Carrying, Using, and Brandishing a Firearm During and in Relation to a Crime of Violence; Felon in Possession of a Firearm and Ammunition; Possession of a Firearm and Ammunition After a Misdemeanor Conviction of Domestic Violence. Roland, 33, of Tulsa and a member of the Muscogee (Creek) Nation, is charged with assaulting a victim with a firearm and brandishing that firearm during a crime of violence. He is further charged with possessing a firearm and ammunition after being convicted of felonies and a domestic violence misdemeanor. The FBI and Tulsa Police Department are the investigative agencies. Assistant U.S. Attorneys Stephen N. Scaife and Valeria Luster are prosecuting the case. 25-CR-037

Zakkary Shawn Wayne Romannose. Assault with Intent to Commit Murder in Indian Country; Maiming in Indian Country; Assault Resulting in Serious Bodily Injury in Indian Country. Romannose, 32, of Vinita and a member of the Cheyenne and Arapaho Tribe, is charged with attempting to commit murder. He is further charged with torturing the victim by maiming him, which resulted in serious bodily injury. The FBI, Mayes County Sheriff’s Office, and the Cherokee Nation Marshal Service are the investigative agencies. Assistant U.S. Attorney Kate Brandon is prosecuting the case. 25-CR-034

Luis Ubense Ulloa. Unlawful Reentry of a Removed Alien. Ulloa, 33, a Honduras national, is charged with unlawfully reentering the United States after having been previously removed in May 2023. The investigative agency is ICE Enforcement and Removal Operations Dallas Field Office. Assistant U.S. Attorney Thomas E. Buscemi is prosecuting the case. 25-CR-030

Benigno Villezcas-Alcantar. Unlawful Reentry of a Removed Alien. Villezcas-Alcantar, 41, a Mexican national, 
is charged with unlawfully reentering the United States after having been previously removed in Aug. 2015. The investigative agency is ICE Enforcement and Removal Operations Dallas Field Office. Assistant U.S. Attorney Niko Boulieris is prosecuting the case. 25-CR-031

Price Grayson Wasson. Felon in Possession of a Firearm and Ammunition. Wasson, 22, of Tulsa, is charged with possessing a firearm and ammunition, knowing he was previously convicted of felonies. The Bureau of Alcohol, Tobacco, Firearms and Explosives and the Tulsa Police Department are the investigative agencies. Assistant U.S. Attorney John Brasher is prosecuting the case. 25-CR-022

Lawton Couple Charged with Child Sex Trafficking

Source: US FBI

OKLAHOMA CITY – A federal Grand Jury has charged JACKIE ANTONIO DUNCAN, 35, and NIA HALL, 30, both of Lawton, with sex trafficking of children, sex trafficking by force, fraud, or coercion, and conspiracy to commit sex trafficking, announced U.S. Attorney Robert J. Troester. 

According to public record, in May 2024, two juveniles ran away from a juvenile group home in Lawton, Oklahoma, and were entered into law enforcement databases as missing juveniles. One of the juveniles was located by officers with the Plano Police Department on July 16, 2024, at a motel in Collin County, Texas, where she disclosed she and the other missing juvenile had been sex-trafficked.  The juvenile told officers that after she and the other juvenile had fled the group home, they were approached by two people, later identified as Hall and Duncan, at a gas station. The juveniles began living with Hall and Duncan, who soon after transported the juveniles to various cities in Texas, where they performed sex acts for money, which Hall and Duncan kept. In return, the juveniles were provided food and shelter. The juvenile told authorities she had recently escaped Hall and Duncan’s car in the Dallas area. On September 30, 2024, the second juvenile was found and recovered in San Antonio, Texas.  She recounted a similar story of being sex-trafficked by Hall and Duncan in exchange for food and shelter. During the investigation, local and federal law enforcement reviewed sex advertisements associated with Hall. These advertisements contained photos of the juveniles.

Public record further reflects that Hall and Duncan were arrested on December 16, 2024. On January 21, 2025, a federal Grand Jury returned a three-count Indictment against Duncan and Hall, charging them with sex trafficking of children; sex trafficking by force, fraud, or coercion; and conspiracy to commit sex trafficking. If found guilty, Hall and Duncan face up to life in federal prison and fines of up to $250,000 on each count.

The public is reminded these charges are merely allegations, and that the defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt. 

This case is the result of an investigation by the Bureau of Indian Affairs, Federal Bureau of Investigation, Lawton Police Department, Choctaw Nation Lighthorse Police Department, Oklahoma Highway Patrol, Oklahoma Bureau of Narcotics & Dangerous Drugs Control, Fort Smith Police Department, Arkansas State Police, San Antonio Police Department, Plano Police Department, and Fort Worth Police Department. Assistant U.S. Attorneys Jordan Ganz and Brandon Hale are prosecuting the case.

Reference is made to public filings for additional information.

Brazilian Man Charged with Making Extortionate Threats to Publicize Stolen Data Obtained by Unlawful Computer Intrusion

Source: US FBI

Newark, N.J. – A citizen and resident of Brazil was charged with making extortionate threats to publicize data stolen from the Brazilian subsidiary of a New Jersey company, U.S. Attorney Philip R. Sellinger announced.

Junior Barros De Oliveira, 29, of Curitiba, Brazil was charged with four counts of extortionate threats involving information obtained from protected computers in violation of Title 18, United States Code, Section 1030(a)(7)(B) and four counts of threatening communications in violation of Title 18, United States Code, Section 875(d) in an indictment unsealed today in Newark federal court.

According to the Indictment:

In March 2020, De Oliveira gained unauthorized access and exceeded authorized access to the computer systems of Victim 1-Brazil, the Brazilian subsidiary of a New Jersey company.  Exploiting this access, De Oliveira obtained confidential customer information relating to approximately 300,000 customers of Victim 1-Brazil.  In September 2020, De Oliveira began contacting U.S. representatives of Victim 1, including its CEO, in an attempt to extort money from Victim 1-Brazil.  De Oliveira demanded over approximately $3,000,000 in Bitcoin in exchange for keeping the stolen data confidential and not publicizing it.

Each of the four counts of making extortionate threats in relation to information obtained from protected computers carry a maximum prison term of 5 years, and a maximum fine of $250,000 or twice the value of any gain or loss, whichever is greater.  Each of the four counts of threatening communications carry a maximum prison term of 2 years, and a maximum fine of $250,000 or twice the value of any gain or loss, whichever is greater.

U.S. Attorney Sellinger credited special agents of the Federal Bureau of Investigation (“FBI”)’s Newark Field Office, under the direction of Acting Special Agent in Charge Nelson I. Delgado.

The government is represented by Assistant U.S. Attorney David E. Malagold of the Cybercrime 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.

Sapulpa Couple Sentenced for Their Role in Abusing Three-Week-Old Baby

Source: US FBI

TULSA, Okla. – Today, U.S. District Judge Sara E. Hill sentenced Jeannie Rene Romero, 25, for Child Abuse and Child Neglect in Indian Country. Judge Hill ordered Jeannie to serve 60 months, followed by five years of supervised release.

In October 2022, Jeannie was taking care of her three-week-old baby. While changing the baby’s diaper, Jeannie admittedly used unreasonable force, breaking the baby’s femur in half. She failed to seek medical attention for more than 48 hours. Doctors noted that the baby had additional injuries consistent with abuse.

In June, Judge Hill sentenced Jeannie’s husband, Jacob Alejandro Romero, 24, for Child Neglect in Indian County. Jacob was at work when the abuse occurred. However, the infant’s injury was noticeable, and he failed to seek help. Judge Hill ordered Jacob to serve 24 months imprisonment, followed by five years of supervised release.

The baby and its sibling were removed from the home and placed in the care of the family members. Jeannie and the baby are citizens of the Muscogee (Creek) Nation.  

Jeannie will remain in custody pending transfer to the U.S. Bureau of Prisons. Jacob was previously released on bond and taken into custody following his sentencing in June. 

The FBI and Sapulpa Police Department investigated the case. Assistant U.S. Attorney Stephanie N. Ihler prosecuted the case.

Federal Jury Convicts Former OSBI Investigator of Sexual Abuse of a Minor

Source: US FBI

MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced today that Jordan Francis Toyne, 36, of Broken Arrow, Oklahoma, was found guilty by a federal jury of three counts of Sexual Abuse of a Minor in Indian Country.

The jury trial began with testimony on January 21, 2025, and concluded on January 23, 2025, with the guilty verdicts.

During the trial, the United States presented evidence that Toyne sexually assaulted a minor over a period of time beginning in the Summer of 2020 until 2023, when the victim reached 16 years of age.  The United States also presented evidence that Toyne sexually abused another minor in 2021.

At the time of the assaults, Toyne served as an investigator with the Oklahoma State Bureau of Investigation’s Internet Crimes Against Children (ICAC) unit.  Toyne resigned from his post prior to the completion of an internal investigation conducted by the OSBI.  The victims were unrelated to Toyne’s official duties with the OSBI.  However, the United States presented evidence Toyne used his specialized knowledge as a Child Crimes Investigator to groom the victims and evade detection of his crimes.

The guilty verdicts were the result of an investigation by the Federal Bureau of Investigation and the Owasso Police Department, together with cooperation and special assistance from OSBI.

The United States Attorney’s Office for the Eastern District of Oklahoma prosecuted the case because the victim is a member of a federally recognized Indian tribe and the crimes occurred in Pittsburg County, within the boundaries of the Choctaw Nation Reservation of Oklahoma, 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 trial and ordered the completion of a presentence report.  The sentencing will be scheduled following completion of the report.  The defendant was remanded to the custody of the United States Marshals pending sentencing.

Assistant U.S. Attorneys Nicole Paladino and Emily Wittlinger represented the United States.

Woman Sentenced to 20 Years for Killing Sister-in-Law

Source: US FBI

TULSA, Okla. – A Tulsa woman was sentenced today for Second Degree Murder in Indian Country and Discharging a Firearm During and in Relation to a Crime of Violence, announced U.S. Attorney Clint Johnson.

U.S. District Judge John F. Heil, III, sentenced Alexis Danielle Flanner, 26, to 240 months followed by five years of supervised release.

In July 2022, Tulsa Police officers were dispatched for shots fired. Upon arrival, officers found Estrella Mendoza, deceased from a gunshot wound. Officers watched security footage that showed Flanner and Estrella enter the store together. After the pair left the store, Estrella was seen crawling away from Flanner before she collapsed. Flanner was seen fleeing the scene.

A witness stated that he tried to help Estrella. Before going unconscious, Estrella said that Flanner shot her. Officers went to Flanner’s residence, where they found the vehicle she left in that had fresh blood splatter and the firearm used.

Flanner told officers that she was mad at her sister-in-law, Estrella because she would not return her marijuana grinder. 

Flanner is a citizen of the Muscogee (Creek) Nation and will remain in custody pending transfer to the U.S. Bureau of Prisons.

The FBI and Tulsa Police Department investigated the case. Assistant U.S. Attorneys Aaron Jolly and Valeria Luster prosecuted the case.

FBI Cleveland Seeking Candidates to Fill Two Mission Critical Positions for Its Downtown Cleveland Location

Source: US FBI

CLEVELAND, OH—FBI Cleveland announced it is seeking candidates to fill two positions during a mission-critical hiring campaign for its downtown Cleveland field office:

Data Analyst

This on-site role is well suited for the candidate with coding, mathematics, statistics, data analysis, and data visualization experience. Candidates must have the following education or combination of education and work experience, including a bachelor’s degree from a U.S.-accredited college or university in:

  • Computer Science
  • Engineering
  • Information Science
  • Information Systems Management
  • Mathematics
  • Operations Research
  • Statistics – Technology Management

or, a combination of education and experience, to include 24 course hours in one or more of the fields above. Starting at $44k – range to $123,584

Digital Operations Specialist

This role is ideal for the technical expert who will serve on our investigative teams and specialize in criminals’ use of technology. The incumbent will be skilled in computer science and familiarity with different operating systems, physical computer components and architectures, virtual machines, and scripting. Additionally, have knowledge of networking and routing protocols, network securities methodologies, and operations of various communications media, and knowledge of common computer and network methods of infection, and attack methods and techniques.

Candidates must have a combination of education and work experience, including a bachelor’s degree from a U.S.-accredited college in a related discipline. Starting at $55k – range to $90k.

The FBI offers a full suite of benefits, including annual leave, 11 federal holidays, sick leave starting at 13 days, Military and Parental leave, wellness hours, and free on-site parking. For a complete listing of benefits and FBI employment eligibility requirements, visit FBIjobs.gov.

Interested candidates for these positions can send their resumes directly to the hiring manager at Applicants.cv@fbi.gov with the name of the position in the subject line. No phone calls, please.

The FBI is the nation’s premier law enforcement agency with a worldwide presence and 56 field offices across the United States and serves to uphold the U.S. Constitution and protect the American Public. FBI Cleveland covers the 40 northern-most counties of the state encompassing close to 6 million people and is home to over 300 Special Agents and professional staff among its downtown Cleveland headquarters and eight resident agencies.

Former Ohio Municipal Prosecutor and Former Criminal Defendant Charged with Bribery Conspiracy

Source: US FBI

CLEVELAND – An indictment was unsealed charging two Ohio men with a bribery scheme in which a municipal prosecutor agreed to help a criminal defendant with his pending cases in exchange for auto repair work.

According to the indictment, Nicholas Graham, 52, of Warren, was a prosecutor who represented the City of Warren in Warren Municipal Court. Brian Votino, 52, of Niles, had two criminal cases pending in the same court. The indictment alleges that in October 2019, Graham and Votino agreed that Graham would take action to benefit Votino with respect to Votino’s criminal cases in return for Votino performing repairs to Graham’s truck. To cover up the bribery arrangement, Graham instructed Votino through an intermediary to falsify a bill for the repair services and not to tell Votino’s criminal defense lawyer. According to the indictment, Graham and Votino ultimately carried out their agreement. In exchange for the repair work by Votino, Graham took official action to reduce the charges against Votino and advocated for a lenient sentence.

Graham and Votino are charged with one count of conspiracy, one count of honest services wire fraud, and one count of Hobbs Act extortion. If convicted, they each face a maximum penalty of 45 years in prison. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

Principal Deputy Assistant Attorney General Nicole M. Argentieri, head of the Justice Department’s Criminal Division; U.S. Attorney Rebecca C. Lutzko for the Northern District of Ohio; and Special Agent in Charge Gregory D. Nelsen of the FBI Cleveland Division made the announcement.

The FBI Cleveland Division is investigating the case.

Trial Attorney Blake J. Ellison of the Criminal Division’s Public Integrity Section and Assistant U.S. Attorney Elliot Morrison for the Northern District of Ohio are prosecuting the case.

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