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Source: US FBI

ANNISTON, Ala. – A Gadsden medical sales representative and a Rainbow City pain clinic owner were sentenced today for their roles in health care fraud conspiracies that cost insurers millions of dollars. U.S. Attorney Prim F. Escalona, FBI Special Agent in Charge Carlton L. Peeples, and Special Agent in Charge Tamela Miles of the Department of Health and Human Service Office of the Inspector General (HHS-OIG) Atlanta Region made the announcement.

U.S. District Court Judge L. Scott Coogler sentenced James Ewing Ray, 53, of Gadsden, to 40 months for conspiracy to commit health care fraud. Ray was ordered to forfeit more than $850,000 and to pay restitution to victims of more than $5.3 million. According to Ray’s plea agreement, Ray was a sales representative who marketed to doctors’ offices various health care products and services, including topical prescription creams from specialty pharmacies, durable medical equipment (DME), and electro-diagnostic testing. Ray was paid fees for the prescriptions, DME, and tests he generated from doctors.

From at least 2012 through 2018, Ray conspired to pay and receive kickbacks to induce medical providers to issue medically unnecessary prescriptions and order medically unnecessary goods and services, which were then billed to Medicare and other health insurers. Among those services was nerve conduction testing provided by a Huntsville-based electro-diagnostic testing company called QBR or Diagnostic Referral Community. Ray received per-patient kickbacks from QBR for inducing medical providers to order tests from QBR. Medical providers received kickbacks from QBR too, disguised as hourly payments for the ordering physician’s time and staff’s time but in reality payments for every patient who got a test.

Judge Coogler sentenced David Lyle Shehi, 43, of Rainbow City, to 28 months for conspiracy to commit health care fraud. Shehi was also ordered to pay forfeiture and restitution to his victims. According to Shehi’s plea agreement, Shehi owned Etowah Pain, a pain clinic in Rainbow City, and was paid kickbacks in exchange for his practice’s ordering nerve conduction tests from QBR that would be billed to Medicare and other health insurance programs. Shehi also caused his practice to routinely bill health insurance programs for patient office visits using the code that would generate the highest reimbursement—even though that code was not appropriate and Shehi was warned that billing in this way was not allowed.

The FBI and HHS-OIG investigated the case, and Assistant U.S. Attorneys J.B. Ward and Don Long are prosecuting it. 

See related press here:

https://www.justice.gov/usao-ndal/pr/pain-clinic-owners-sentenced-unlawfully-distributing-opioids-and-multimillion-dollar

https://www.justice.gov/usao-ndal/pr/etowah-pain-clinic-owner-pleads-guilty-multi-million-dollar-kickback-and-health-care

https://www.justice.gov/usao-ndal/pr/multiple-defendants-sentenced-major-compounding-pharmacy-fraud-conspiracy

https://www.justice.gov/usao-ndal/pr/new-hope-man-sentenced-his-role-multi-million-dollar-kickback-and-health-care-fraud.

Source: US FBI

HUNTSVILLE, Ala. – A member of “Noir’s Luxury Refunds” pled guilty today to participating in a fraud conspiracy, organized through the cloud-based messaging service Telegram, that targeted retailers across the country, announced U.S. Attorney Prim F. Escalona and Federal Bureau of Investigation Special Agent in Charge Carlton L. Peeples. 

Brian Nicklaus Buchanan, 28, of Clayton, North Carolina, pled guilty before U.S. District Judge Corey L. Maze to conspiracy to commit mail and wire fraud.

According to court documents, Buchanan was a member of Noir’s Organization, a group that operated the Telegram channel “Noir’s Luxury Refunds,” as well as other fraud-based Telegram channels. Noir’s Luxury Refunds was dedicated to refund fraud, a type of fraud where a purchaser claims to return an item, receives a refund, but keeps the product. Customers would pay Noir’s Organization a percentage of the product price in exchange for the organization fraudulently refunding the item on the customer’s behalf. Noir’s Organization marketed itself as having the expertise to defraud retailers across the world in a wide range of industries. At one point, the Noir’s Luxury Refunds channel had over 5,900 followers. Noir’s Organization operated from July 2020 until July 2022.

Documents reflect that the group obtained refunds or attempted to obtain refunds for millions of dollars’ worth of products, including electronics, designer clothing and apparel, home furnishings, and appliances. Noir’s Organization used a variety of tactics to commit refund fraud, including social engineering to manipulate customer services representatives into issuing refunds, manipulating shipping labels to deceive a retailer into believing they had received a returned product when it had not, and recruiting customer service representatives as “insiders” to perform refunds on the conspiracy’s behalf. Noir’s Organization also developed malware that would target retailers’ websites to facilitate refund fraud by circumventing fraud prevention measures.

Ten other individuals who are alleged to have been members of Noir’s Organization have been indicted in related cases pending in the Northern District of Alabama:

• Aiman Akram Kaif, also known as “Dior,” 19, from New York, New York;
• Damion Wayne Scarlett, also known as “Dash,” 23, from Deer Park, New York;
• Dhruv Gargi, also known as “Panda,” 24, from Newark, New Jersey;
• David James Park, also known as “Plutus,” 22, from Phoenix, Arizona;
• Andre Johannes Ischler Simonet, also known as “Chief,” 22, from Northfield, Minnesota; 
• Nicholas John Caruso, also known as “Deaf,” 31, from Dallas, Texas;
• Jennifer Mireya Palma, also known as “Bianca,” 23, from Los Angeles, California;
• CK Chikong Tran, also known as “Radiant,” 28, from New York, New York; 
• Tyree Samuel Tinsley, also known as “Tysamtin,” 30, from Richmond, Virginia; and
• Jason Seib, also known as “Waynor,” 42, from Mississauga, Ontario, Canada.

The maximum penalty for conspiracy to commit mail and wire fraud is 20 years in prison and a $250,000 fine. 

The FBI investigated the cases. Assistant U.S. Attorneys John M. Hundscheid and Edward J. Canter are prosecuting the cases.

Assistance was provided by Target Corporation; Amazon.com, Inc.; Wal-Mart Stores, Inc.; Wayfair Inc.; Dell Technologies; Dick’s Sporting Goods, Inc.; American Airlines Group Inc.; Hewlett Packard Incorporated; Adidas AG; eBay Inc.; and Google’s CyberCrime Investigation Group. The Sûreté Nationale of Morrocco also provided valuable assistance to the investigation.

This case was brought as part of Operation Chargeback, an FBI investigation into organized refund fraud groups across the United States and internationally. Cases have also been brought in the Western District of Washington and the Northern District of Oklahoma as part of the initiative.

For more resources on cybercrime, visit www.ic3.gov.

An indictment contains only charges.  A defendant is presumed innocent unless and until proven guilty.

Source: US FBI

HUNTSVILLE, Ala. – United States Attorney Prim Escalona announced that the U.S. Attorney’s Office held an event at Alabama A&M University to promote the Department of Justice’s United Against Hate initiative.  The event, which included federal prosecutors and state and local law enforcement partners, focused on educating students on how to identify, report, and prevent hate crimes. 

With approximately 195 students attending, Alabama A&M hosted subject matter experts from the United States Attorney’s Office; Montrez Payton, Chief of Police, Alabama A&M University; and Tafeni English-Relf, State of Alabama Director, Southern Poverty Law Center.  Presenters highlighted differences between hate crimes and hate incidents and provided options for responding to hate incidents when situations do not constitute a federal or state crime. Presenters also distinguished unlawful conduct from protected First Amendment activity, including distinguishing between protected speech and speech that advocates violence or encourages people to commit hate crimes.

U.S. Attorney Escalona previously hosted meetings in November 2023 in the Birmingham area at Ramsay High School for students and faculty and in the community with the FBI Birmingham Division and the Multi-Cultural Advisory Committee, which consists of community leaders from across the Northern District of Alabama.

“Through the United Against Hate initiative, we are working with our federal, state, and local law enforcement partners and community stakeholders to prevent hate crimes and incidents through education and awareness,” said U.S. Attorney Escalona.  “It is so important to build community trust so that people feel comfortable reporting hate crimes.  We want people to feel safe in their communities and that means they should be free of fear based on what they look like, where they are from, what faith they practice, and who they love.”

Those who believe they are subject to hate crimes or incidents should contact local law enforcement and the FBI.  Members of the public may report possible civil rights violations at https://civilrights.justice.gov/report/. Anyone in the Northern District of Alabama may also report civil rights violations to the Civil Rights coordinator of the U.S. Attorney’s Office for the Northern District of Alabama by calling 205-244-2001.

Source: US FBI

BIRMINGHAM, Ala. – Alabama State Representative John Rogers has agreed to plead guilty to conspiracy to commit mail and wire fraud and conspiracy to obstruct justice in connection with the scheme to defraud the Jefferson County Community Service Fund, announced U.S. Attorney Prim F. Escalona, Federal Bureau of Investigation Special Agent in Charge Carlton L. Peeples, and Internal Revenue Service, Criminal Investigation Acting Special Agent in Charge Demetrius Hardeman.

In a plea agreement filed today in United States District Court, John Westley Rogers, Jr., 83, of Birmingham, has agreed to plead guilty to one count of conspiracy to commit wire and mail fraud and one count of conspiracy to obstruct justice. These charges arise from an investigation of wrongdoing in connection with the Jefferson County Community Service Fund. Rogers has also agreed to resign from the Alabama House of Representatives. In February 2024, Rogers’s former assistant and companion, Varrie Johnson Kindall, pleaded guilty to conspiring with Rogers and former Representative Fred L. Plump, Jr. to defraud the Fund. Plump also pleaded guilty to conspiracy and obstruction of justice charges in June 2023 and resigned from the Alabama House of Representatives.

According to the second superseding indictment, in 2015 the Alabama Legislature passed Alabama Act No. 2015-226 (the “Act”) and authorized the Jefferson County Commission to levy and distribute a one percent sales tax and a one percent use tax to benefit the public welfare and enhance the education of the children of Jefferson County. Jefferson County began levying the new taxes in or about August 2017. The Act required the County to distribute the tax revenue according to certain specified priorities, including paying debt incurred during school construction, increasing the County’s general fund, giving funds to each board of education serving students in the County, and for certain other purposes set forth in the Act.

The Act created the Jefferson County Community Service Fund (the “Fund”), which was subsidized by approximately $3.6 million annually from the new taxes. The Act also created the Jefferson County Community Service Committee (the “Committee”), the four members of which were elected by members of the Jefferson County House and Senate delegations. The Committee was responsible for ensuring that the Fund was used only for the purposes set forth in the Act, which included to support public entities and projects such as schools, libraries, museums, parks, zoos, neighborhood associations, athletic facilities, youth sports associations, road construction, the performing arts, police departments, the sheriff’s office, fire departments, and certain nonprofit entities. Each Representative and Senator representing Jefferson County could make recommendations to the Committee of expenditures from their allotted amount of the Fund. These recommendations were made on a form created by the Committee that required certain certifications by the legislator. The organization receiving the funds was required to submit information about the organization and confirm that it intended to use the money for a public purpose. During each fiscal year from 2018 to 2022, each Representative was allocated approximately $100,000 and each Senator was allocated approximately $240,000 from the Fund.

The second superseding indictment identifies certain relevant parties. Defendant John Rogers was a long-serving member of the Alabama House of Representatives. Fred L. Plump, Jr. served as the Executive Director of the Piper Davis Youth Baseball League (“Piper Davis”), a nonprofit organization that claimed to provide a positive sporting experience for inner city youth in Jefferson County. Varrie Johnson Kindall was Rogers’ personal and professional assistant. Individual #1 was the Founder of Organization #1.

Between fiscal year 2018 and fiscal year 2022, Defendant Rogers was allocated approximately $500,000 by the Fund. Rogers directed approximately $400,000 of those discretionary funds to Piper Davis. In turn, Plump gave approximately $200,000 to Rogers and Kindall as a kickback.

The second superseding indictment alleges that from in or about March 2019, and continuing through April 2023, Rogers and Kindall conspired with Plump to defraud and obtain money from the Fund. It is alleged that it was part of the conspiracy that Rogers, with Kindall’s assistance, recommended during each fiscal year that most of his allotment of Fund money be paid to Piper Davis. In turn, Plump agreed to pay kickbacks to Rogers and Kindall. Rogers, Kindall, and Plump submitted false and fraudulent information to the Committee about Piper Davis’s intended use of Fund money, and Rogers’s certifications on the request forms were false. Upon receipt and deposit of Fund checks, Plump gave checks to Rogers and Kindall for approximately one-half of the amount of Fund money received by Piper Davis. The second superseding indictment also alleges that, in 2019, Rogers directed Fund money to Organization #1 and Kindall then required Individual #1 to pay kickbacks.

Additionally, the second superseding indictment alleges that, after learning about the federal investigation into the fraud scheme, Rogers and Kindall attempted to obstruct justice by offering a witness grant money as a bribe and otherwise trying to corruptly persuade the witness to give false information to federal agents. It is also alleged that Rogers and Kindall agreed that she would accept full responsibility for the crimes and falsely tell federal investigators that Rogers did not participate in the scheme in exchange for Rogers’s promise to take care of personal issues for Kindall if she went to prison. As part of that agreement, Rogers had Kindall give false statements to investigators and prosecutors during a meeting at the United States Attorney’s Office on May 25, 2023.

The maximum penalty for conspiracy to commit mail and wire fraud is 20 years in prison and a $250,000 fine. The maximum penalty for conspiracy to obstruct justice is 5 years in prison and a $250,000 fine.

The Federal Bureau of Investigation and Internal Revenue Service Criminal Investigation investigated the case, with assistance from the Alabama Attorney General’s Office. Assistant United States Attorneys George Martin, Catherine Crosby, and Ryan Rummage are prosecuting the case.

An indictment contains only charges.  A defendant is presumed innocent unless and until proven guilty.  

Source: US FBI

BIRMINGHAM, Ala. – An Indiana man has been charged with obstructing a federal grand jury investigation in the Northern District of Alabama, announced U.S. Attorney Prim F. Escalona and FBI Special Agent in Charge Carlton L. Peeples.

A one-count information filed earlier today in United States District Court charges Bert Eugene Neff, 49, of Indianapolis, Indiana, with one count of obstruction of justice. The charge arose from a scheme to impede an investigation into suspicious gambling activity surrounding a National Collegiate Athletic Association baseball game.

According to the Information, Neff engaged in a multi-month obstruction scheme that began in May 2023 and continued until January 2024. During the course of the scheme, Neff destroyed his cell phone, encouraged witnesses to destroy their cell phones and delete encrypted messaging applications, and provided false statements to federal investigators. The scheme culminated in October 2023 when Neff participated in a one-hour twenty-one-minute telephone call concerning topics related to the investigation with two witnesses the day before they were scheduled to testify before a grand jury in the Northern District of Alabama. All of this activity was designed to interfere with ongoing grand jury investigation.

According to the plea agreement, also filed today, Neff has agreed to plead guilty to the charge, The Court will set a date for Neff to enter his guilty plea. 

The maximum penalty for obstruction of justice is ten years in prison, three years of supervised release, and a fine of $250,000. 

The Federal Bureau of Investigation investigated the case. Assistant United States Attorneys Edward J. Canter and Lloyd C. Peeples are prosecuting the case.

An information contains only charges.  A defendant is presumed innocent unless and until proven guilty.  

Source: US FBI

BIRMINGHAM, Ala. – Representative John Rogers has been indicted again by a federal grand jury for additional offenses involving the fraud scheme against the Jefferson County Community Service Fund, including conspiracy, wire and mail fraud, obstruction of justice, and making a false statement, announced U.S. Attorney Prim F. Escalona, Federal Bureau of Investigation Special Agent in Charge Carlton L. Peeples, and Internal Revenue Service, Criminal Investigation Acting Special Agent in Charge Demetrius Hardeman.

A second superseding indictment filed this week in United States District Court charges John Westley Rogers, Jr., 83, with one count of conspiracy to commit wire and mail fraud, 11 counts of wire fraud, 3 counts of mail fraud, conspiracy to obstruct justice, 3 counts of obstruction of justice, and aiding and abetting the making of a false statement to federal investigators. These charges arise from an investigation of wrongdoing in connection with the Jefferson County Community Service Fund. In June 2023, former Representative Fred L. Plump, Jr., pleaded guilty to conspiracy in connection with the scheme and resigned from the Alabama House of Representatives.

According to the second superseding indictment, in 2015 the Alabama Legislature passed Alabama Act No. 2015-226 (the “Act”) and authorized the Jefferson County Commission to levy and distribute a one-percent sales tax and a one-percent use tax to benefit the public welfare and enhance the education of the children of Jefferson County. Jefferson County began levying the new taxes in or about August 2017. The Act required the County to distribute the tax revenue according to certain specified priorities, including paying debt incurred during school construction, increasing the County’s general fund, giving funds to each board of education serving students in the County, and carrying out other purposes set forth in the Act.

The Act created the Jefferson County Community Service Fund (the “Fund”), which was subsidized by approximately $3.6 million annually from the new taxes. The Act also created the Jefferson County Community Service Committee (the “Committee”), the four members of which were elected by members of the Jefferson County House and Senate delegations. The Committee was responsible for ensuring that the Fund was used only for the purposes set forth in the Act, which included supporting public entities and projects such as schools, libraries, museums, parks, zoos, neighborhood associations, athletic facilities, youth sports associations, road construction, the performing arts, police departments, the sheriff’s office, fire departments, and certain nonprofit entities. Each Representative and Senator representing Jefferson County could make recommendations to the Committee of expenditures from their allotted amount of the Fund. These recommendations were made on a form created by the Committee that required certain certifications by the legislator. The organization receiving the funds was required to submit information about the organization and confirm that it intended to use the money for a public purpose. During each fiscal year from 2018 to 2022, each Representative was allocated approximately $100,000, and each Senator was allocated approximately $240,000 from the Fund.

The second superseding indictment identifies certain relevant parties. Defendant John Rogers was a long-serving member of the Alabama House of Representatives. Fred L. Plump, Jr. served as the Executive Director of the Piper Davis Youth Baseball League (“Piper Davis”), a nonprofit organization that claimed to provide a positive sporting experience for inner-city youth in Jefferson County. Defendant Varrie Johnson Kindall was Rogers’s personal and professional assistant.

Between fiscal year 2018 and fiscal year 2022, defendant Rogers was allocated approximately $500,000 by the Fund. Rogers directed approximately $400,000 of those discretionary funds to Piper Davis. In turn, Plump gave approximately $200,000 to Rogers and Kindall as a kickback.

The second superseding indictment alleges that, from in or about March 2019 through April 2023, Rogers and Kindall conspired with Plump to defraud and obtain money from the Fund. It is alleged that it was part of the conspiracy that Rogers, with Kindall’s assistance, recommended during each fiscal year that most of his allotment of Fund money be paid to Piper Davis. In turn, Plump agreed to pay kickbacks to Rogers and Kindall. Rogers, Kindall, and Plump submitted false and fraudulent information to the Committee about Piper Davis’s intended use of Fund money; and Rogers’s certifications on the request forms were false. Upon receipt and deposit of Fund checks, Plump gave checks to Rogers and Kindall for approximately one-half of the amount of Fund money received by Piper Davis.

Additionally, the second superseding indictment alleges that, after learning about the federal investigation into the fraud scheme, Rogers and Kindall attempted to obstruct justice by offering a witness grant money as a bribe and otherwise trying to corruptly persuade the witness to give false information to federal agents. It is also alleged that Rogers and Kindall agreed that she would accept full responsibility for the crimes and falsely tell federal investigators that Rogers did not participate in the scheme in exchange for Rogers’s promise to take care of personal issues for Kindall if she went to prison. As part of that agreement, Rogers had Kindall give false statements to investigators and prosecutors during a meeting at the United States Attorney’s Office on May 25, 2023.

The maximum penalty for the fraud conspiracy and substantive fraud counts is twenty years in prison and a $250,000 fine. The maximum penalty for conspiracy to obstruct justice is five years in prison and a $250,000 fine. The maximum penalty for obstruction of justice is twenty years in prison and a $250,000 fine. The maximum penalty for obstruction of justice by bribery is five years in prison and a $250,000 fine. The maximum penalty for making a false statement is five years in prison and a $250,000 fine.

The Federal Bureau of Investigation and Internal Revenue Service Criminal Investigation investigated the case, with assistance from investigators from the Alabama Attorney General’s Office. Assistant United States Attorneys Catherine Crosby and Ryan Rummage are prosecuting the case.

An indictment contains only charges.  A defendant is presumed innocent unless and until proven guilty.  

Source: US FBI

MIAMI – An Alabama man was sentenced yesterday, in Ft. Pierce, Florida, to life in prison for his involvement with a website dedicated to the advertisement and distribution of images and videos depicting child sexual abuse.

According to court documents, William Michael Spearman, 58, of Madison, was the lead administrator of the website, which had been operating for many years. The website included a section devoted to the sexual abuse of infants and toddlers, a section devoted to images and videos depicting children being subjected to pain and torture, and a section devoted to avoiding detection by law enforcement, among others. As the lead administrator, Spearman managed numerous other “staff” members, directed them on how to help run the site, recommended other users for promotion, kept records of child sexual abuse material advertised and distributed over the site, presided over staff meetings, praised and scolded users, and counseled users and other managers about the functions and expectations of the website. Spearman also advertised and distributed over the website images and videos depicting the sexual abuse of children.

On June 12, Spearman pleaded guilty to engaging in a child exploitation enterprise. The following defendants have also been convicted and sentenced in the Southern District of Florida for their involvement with the same website:

Defendant	Residence	Case Status
Selwyn David Rosenstein	Boynton Beach, Florida	Pleaded guilty to conspiracy to advertise child pornography, five counts of advertisement of child pornography, and possession of child pornography. Sentenced on Dec. 12, 2022, to 28 years in prison and ordered to pay $80,500 in restitution to victims of his offense.
Gregory Malcolm Good	Silver Springs, Nevada	Pleaded guilty to conspiracy to advertise child pornography and conspiracy to distribute child pornography. Sentenced on Aug. 22, 2023, to 25 years and 10 months in prison and ordered to pay $93,500 in restitution to victims of his offense.
Robert Preston Boyles	Clarksville, Tennessee	Pleaded guilty to conspiracy to advertise child pornography and conspiracy to distribute child pornography. Sentenced on Aug. 15, 2023, to 23 years and four months in prison and ordered to pay $7,500 in restitution to victims of his offense.
Matthew Branden Garrell	Raleigh, North Carolina	Pleaded guilty to conspiracy to advertise child pornography and conspiracy to distribute child pornography. Sentenced on Aug. 1, 2023, to 20 years and 10 months in prison and ordered to pay $158,500 in restitution to victims of his offense.
Joseph Addison Martin	Tahuya, Washington	Pleaded guilty to engaging in a child exploitation enterprise. Sentencing is scheduled for April 2, 2024, in Ft. Pierce, Florida.
Joseph Robert Stewart	Milton, Washington	Pleaded guilty to conspiracy to advertise child pornography and conspiracy to distribute child pornography. Sentencing is scheduled for April 18, 2024, in Ft. Pierce, Florida.

U.S. Attorney Markenzy Lapointe for the Southern District of Florida, Acting Assistant Attorney General Nicole M. Argentieri of the Justice Department’s Criminal Division, Assistant Director Michael D. Nordwall of the FBI’s Criminal Investigative Division, and Special Agent in Charge Jeffrey B. Veltri of the FBI Miami Field Office made the announcement.

The FBI’s Child Exploitation Operational Unit and Miami Field Office, West Palm Beach Resident Agency investigated the cases.

Assistant U.S. Attorney Gregory Schiller for the Southern District of Florida and Trial Attorneys Kyle P. Reynolds and William G. Clayman of the Criminal Division’s Child Exploitation and Obscenity Section (CEOS) prosecuted this case.

Substantial assistance for these cases was provided by FBI Field Offices and Resident Agencies in Huntsville, Alabama; Reno, Nevada; Clarksville, Tennessee; Raleigh, North Carolina; and Madison, Wisconsin; CEOS’s High Technology Investigative Unit; and the U.S. Attorney’s Offices for the Northern District of Alabama, District of Nevada, Middle District of Tennessee, Eastern District of North Carolina, and Western District of Wisconsin.

This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Justice Department. Led by U.S. Attorneys’ Offices and CEOS, Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend, and prosecute individuals who exploit children via the internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.

We encourage anyone who suspects or has information regarding trafficking of minors, sextortion, child pornography or any other means of child exploitation to immediately contact law enforcement. You can file a report on the National Center for Missing & Exploited Children (NCMEC)’s website at www.cybertipline.com, call 1-800-843-5678, contact the FBI at 1-800-CALL-FBI (1-800-225-5324), or call 877-4-HSI TIP.

Related court documents and information may be found on the website of the District Court for the Southern District of Florida at www.flsd.uscourts.gov or at http://pacer.flsd.uscourts.gov, under case number 22-CR-80173.

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Source: US FBI

A former Alabama Department of Corrections (ADOC) lieutenant, Mohammad Shahid Jenkins, 52, was sentenced today to 87 months in prison followed by three years of supervised release for using excessive force on an inmate and lying afterwards in an official report in an attempt to cover up his abuse. He previously pled guilty to these offenses on Sept 12.

“This defendant was a lieutenant with more than 20 years of experience and a supervisor who was supposed to set an example of what proper law enforcement looks like for the less experienced officers he oversaw,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “Instead, the defendant abused his position of power to repeatedly and viciously assault a restrained inmate, returning to the inmate’s cell several times to renew the assault. We are committed to holding accountable law enforcement officers who violate the civil rights of any American, including those who are incarcerated in our jails and prisons.”

“Corrections officers have the responsibility to ensure the safety and security of those incarcerated in our nation’s prisons,” said U.S. Attorney Prim F. Escalona for the Northern District of Alabama. “The physical abuse of prisoners in violation of the Constitution threatens the safety of the entire institution, officers and inmates alike. We will continue to work with our law enforcement partners to investigate and prosecute corrections officers who abuse inmates and violate positions of public trust.”

“This sentence sends a strong message that the FBI remains committed to protecting the civil rights of all people, including those in prison custody,” said Special Agent in Charge Carlton L. Peeples of the FBI Birmingham Field Office. “This individual’s conduct is not reflective of the honor and professionalism with which the men and women of law enforcement exemplify. The FBI Birmingham Division is proud to work alongside the Civil Rights Division and ADOC to bring justice to these victims and remain steadfast in addressing all Color of Law allegations.”

According to court documents and evidence introduced at sentencing, Jenkins, former William E. Donaldson correctional facility lieutenant and shift commander, who had more than 20 years of experience in law enforcement, used excessive force on inmate V.R. Specifically, on Feb. 16, 2022, Jenkins willfully deprived inmate V.R. of his right to be free from excessive force by kicking him, hitting him, spraying him with chemical spray, striking him with a can of chemical spray and striking him with a shoe while V.R. was restrained inside of a holding cell and not posing a threat.

Over the course of approximately five minutes and outside the presence of other officers and inmates, Jenkins repeatedly re-entered the holding cell that V.R. was in and re-assaulted him numerous times. Jenkins used a dangerous weapon — chemical spray and the can of chemical spray — on V.R., and his attacks on V.R. caused V.R. to suffer bodily injury. Following his assault on V.R., Jenkins authored a false incident report and later Jenkins lied to investigators by denying using any force on V.R.

As part of the plea agreement, Jenkins also admitted that he used unlawful force on another inmate on a separate occasion at Donaldson. Specifically, on Nov. 29, 2021, Jenkins willfully deprived inmate D.H. of his right to be free from excessive force by repeatedly spraying D.H. with chemical spray while D.H. was handcuffed behind his back and compliant, by hitting D.H. in the head with the can of chemical spray and by delivering an open-hand strike to D.H.’s head while he was suffering from the effects of chemical spray.

The FBI Birmingham Field Office investigated the case with the assistance of ADOC’s Law Enforcement Services Division. 

Assistant U.S. Attorney George Martin for the Northern District of Alabama and Trial Attorney Anna Gotfryd of the Civil Rights Division’s Criminal Section prosecuted the case.

Source: US FBI

HUNTSVILLE, Ala – Six defendants indicted for defrauding credit unions across the country have pleaded guilty to bank fraud conspiracy and identity theft charges, announced U.S. Attorney Prim F. Escalona, FBI Special Agent in Charge Carlton L. Peeples, and United States Secret Service Special Agent in Charge Patrick Davis.

Maria Matei, 22, and Larisa Iordache, 28, each pleaded guilty today before U.S. District Judge Liles C. Burke to conspiracy to commit bank fraud. Florin Matei, 27, pleaded guilty in October to conspiracy to commit bank fraud and aggravated identity theft. Ionut Iamandita, 28, and Milena Iamandita 25, pleaded guilty in November to conspiracy to commit bank fraud and aggravated identity theft. Marius Iordache, 29, pleaded guilty in November to conspiring to commit bank fraud.

According to the plea agreements, between October 2022 and June 2023, the defendants defrauded credit unions in Harrisburg, Pennsylvania; Jacksonville, Florida; Philadelphia Pennsylvania; Albany, New York; Florence, Alabama; Dallas, Texas; Birmingham, Alabama; and Saginaw, Michigan. The defendants placed covert video cameras and skimming devices on the targeted credit unions’ Automatic Teller Machines, and then used the collected information to make fraudulent withdrawals for credit union customers’ accounts. The fraudulent withdrawals totaled more than $5 million dollars.

The maximum penalty for conspiracy to commit bank fraud is 30 years in prison. Aggravated identity theft carries a mandatory sentence of two years in prison, which must be served consecutively to any other sentence imposed.

The FBI and United States Secret Service investigated the case.  Assistant U.S. Attorney John M. Hundscheid is prosecuting the case. The Lauderdale County’s Sherriff’s Office, Tuscaloosa County Sherriff’s Office, Hoover Police Department, and Vestavia Hills Police Department aided the investigation. The U.S. Attorney’s Office for the Eastern District of Pennsylvania also provided significant assistance.