Anchorage Man Sentenced to 10 Years for Heroin Trafficking

Source: US FBI

ANCHORAGE, ALASKA – U.S. District Judge Joshua M. Kindred sentenced an Anchorage man on April 19, 2023, to 10 years and 5 months imprisonment followed by eight years of supervised release for distributing heroin.

According to court documents and evidence presented at trial, Jason McAnulty, aka “Snoop,” 40, distributed approximately 126 grams of heroin to a law enforcement source during two undercover operations in June 2020, netting himself $6,300.  Law enforcement began investigating McAnulty after learning that he was a source of heroin supply in the Anchorage area. In July 2020, law enforcement executed a search warrant at McAnulty’s residence where they found more than $34,000 cash and other distribution contraband. An Alaska jury convicted McAnulty of the heroin distribution following a five-day trial in March 2022. 

McAnulty was previously convicted in 2004 for first-degree robbery, a serious violent felony, that mandated a minimum 10-year prison sentence. The United States also presented evidence of McAnulty’s extensive and violent criminal history at the sentencing hearing in support of the sentence, including McAnulty’s 2015 federal conviction for attempted witness tampering in another federal criminal trial.

“Dangerous opiates such as heroin pose an ongoing threat to communities throughout Alaska,” said U.S. Attorney S. Lane Tucker for the District of Alaska.  “This sentence serves as a reminder that we will prosecute and hold accountable those who are harming our communities, and with our law enforcement partners, will persist in our disruption of heroin trafficking operations in this district.”

“McAnulty supported the opioid and heroin epidemic through his illegal drug distribution activities, posing a significant threat to communities in Alaska,” said Special Agent in Charge Antony Jung of the FBI Anchorage Field Office. “The FBI and the Anchorage Police Department will continue working together to hold drug traffickers accountable, and to stop the flow of deadly drugs into our communities.” The Federal Bureau of Investigation (FBI) and the Anchorage Police Department (APD), in support of Alaska’s High Intensity Drug Trafficking Area (HIDTA) program, investigated the case.

Assistant U.S. Attorneys George Tran and Stephan Collins prosecuted the case.

This case is part of Alaska’s High Intensity Drug Trafficking Area (HIDTA). HIDTA was established in 2018 to enhance and coordinate efforts among local state and federal law enforcement agencies, providing equipment, technology and additional resources to combat drug trafficking and its harmful consequences in critical regions of Alaska.

###

usao/ak/23-028

Former Troy City Council Member Sentenced for Identity Theft

Source: US FBI

ALBANY, NEW YORK – Kim McPherson, age 63, of Troy, New York, was sentenced today to 1 year of probation, and to pay a $1,500 fine, for identity theft in connection with her casting of absentee ballots in two other people’s names in elections held in 2021.

United States Attorney Carla B. Freedman and Craig L. Tremaroli, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI), made the announcement.

McPherson successfully ran for re-election to the Troy City Council in 2021, first in the Working Families Party primary and then in the general election.  In pleading guilty in June 2022 to the unlawful possession and use of a means of identification of another person, she admitted that in the primary election, she unlawfully cast an absentee ballot in the name of another person, and that in the general election, she unlawfully cast absentee ballots in the names of two people other than herself.

As part of her plea agreement, McPherson resigned from the Troy City Council.

The FBI investigated this case and Assistant U.S. Attorney Michael Barnett prosecuted this case.

Schenectady Man Pleads Guilty to Witness Retaliation

Source: US FBI

ALBANY, NEW YORK – Patrick Civitello, age 18, of Schenectady, New York, pled guilty today to witness retaliation, admitting that he assaulted a 15-year-old boy in retaliation for the boy’s mother testifying last year in a federal criminal trial.

United States Attorney Carla B. Freedman and Craig L. Tremaroli, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI), made the announcement.

Patrick Civitello is the son of Jeffrey Civitello Sr. and the younger brother of Jeffrey Civitello Jr., both of whom were convicted of federal drug trafficking charges following a jury trial in Albany in April 2023. A witness, identified in the indictment as V-1, testified at that trial.

In pleading guilty, Patrick Civitello admitted that on the evening of May 19, 2024, while at a restaurant in Glenville, New York, he observed V-1, who was with her 15-year-old son (“V-2”). At the time he observed V-1, Patrick Civitello was speaking on the phone with Jeffrey Civitello Jr. (who was incarcerated), and Patrick Civitello told his brother that he had just seen V-1 walk into the restaurant. Patrick Civitello then said “I gotta rag this bitch, I gotta call you back,” meaning that he intended to retaliate against V-1 for her trial testimony. Jeffrey Civitello Jr. responded, “Ok run down, but do it away from everyone if you could.”

V-1 and V-2 then exited the restaurant and headed to their vehicle in the parking lot. Patrick Civitello, who was following V-1 and V-2 out of the restaurant, briefly stopped in the parking lot to remove his watch and a cross-body bag. Having placed those items on the ground of the parking lot, Patrick Civitello charged in the direction of V-1 and V-2. He punched V-2 in the head, and continued to punch and kick V-2 after V-2 fell to the ground. V-2 suffered minor abrasions and bruises, including to his head, neck, and hand. 

Patrick Civitello, who has been in custody since his arrest on June 13, 2024, will be sentenced on February 28, 2025. He faces up to life in prison and a term of post-imprisonment supervised release of up to 5 years. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.

The FBI’s Capital District Safe Streets Gang Task Force investigated this case with assistance from the Glenville Police Department. Assistant U.S. Attorneys Michael Barnett and Dustin Segovia are prosecuting this case.

Medical Billing Company Owner Pleads Guilty to Health Care Fraud

Source: US FBI

ALBANY, NEW YORK – Scott Newcombe, age 40, of Plattsburgh, New York, pled guilty today to health care fraud. 

United States Attorney Carla B. Freedman; Craig L. Tremaroli, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI); and Naomi Gruchacz, Special Agent in Charge, U.S. Department of Health and Human Services, Office of Inspector General (HHS-OIG), New York Regional Office, made the announcement.

Newcombe admitted that from approximately April 2020 through April 2023, he acted as the office manager and health care claims biller for two physicians’ practices in Plattsburgh through a company that he formed called SJ Healthcare Management Services, LLC (SJHMS).  SJHMS charged a fixed monthly fee under which Newcombe performed various management, administrative, and billing services for the practices.  He admitted that he submitted false and fraudulent claims to public and private insurers on behalf of those practices for services that, in some instances, were never provided and, in other instances, were provided at lower reimbursement rates than the amounts billed.  For example, Newcombe admitted that he submitted claims to insurers for medical procedures that were purportedly performed by a provider on him but which, in fact, never occurred. 

Newcombe is scheduled for sentencing on February 28, 2025.  He faces up to 20 years in prison and a term of post-imprisonment supervised release of up to 3 years.  A defendant’s sentence is imposed by a judge based on the statute the defendant violated, the U.S. Sentencing Guidelines, and other factors.

The FBI and HHS investigated this case.  Assistant U.S. Attorneys Michael D. Gadarian and Adam J. Katz are prosecuting the case.

Massachusetts Man Pleads Guilty to Sexual Exploitation of a Child and Travel with Intent to Engage in Unlawful Sexual Activity

Source: US FBI

ALBANY, NEW YORK – Frank Twing, Sr., age 33, of West Stockbridge, Massachusetts, pled guilty today to one count of sexual exploitation of a child involving a then-15-year-old victim and one count of travel with intent to engage in unlawful sexual conduct involving an approximately 12-year-old victim. United States Attorney Carla B. Freedman and Craig L. Tremaroli, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI), made the announcement.

Twing admitted that he engaged in a sexual relationship with a 15-year-old child during which he created sexually explicit videos depicting that child. He also admitted to traveling from his home in Massachusetts to New York, planning to have sex with an approximately 12-year-old child.

At sentencing scheduled for March 6, 2025, before United States District Judge Mae A. D’Agostino, Twing faces a mandatory minimum imprisonment term of 15 years and a maximum imprisonment term of 60 years, post-release supervision of at least 5 years and up to life, a fine of up to $250,000, special assessments, restitution to the victims, and forfeiture of the property he used to commit he offenses. Twing also will be required to register as a sex offender upon his release from prison.

This case was investigated by the FBI’s Albany Division Child Exploitation and Human Trafficking Task Force, the New York State Police, and the Massachusetts State Police Detective Unit assigned to the Berkshire County District Attorney’s Office, which itself also assisted in the investigation. Assistant U.S. Attorneys Michael D. Gadarian and Benjamin A. Gillis are prosecuting the case as part of Project Safe Childhood.

Launched in May 2006 by the Department of Justice, Project Safe Childhood is led by United States Attorney’s Offices and the Criminal Division’s Child Exploitation and Obscenity Section (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 https://www.justice.gov/psc.

Seven Indicted for Role in Prison-Based Phone Scam and Paying Bribes to Corrections Officers at the William E. Donaldson Correctional Facility

Source: US FBI

BIRMINGHAM, Ala. – A federal indictment unsealed yesterday charges seven individuals for their participation in a prison-based telephone scam and conspiring to smuggle cell phones, controlled substances, and other contraband to inmates at the William E. Donaldson Correctional Facility (Donaldson) in Bessemer, Alabama, announced U.S. Attorney Prim F. Escalona and U.S. Secret Service Special Agent in Charge Patrick Davis. 

A seventeen-count indictment filed in U.S. District Court charges Keith Devon Perry, aka “Keep Paper,” 30, of Anniston, Kierro Deandrew Nelson, aka “10K,” 32, of Montgomery, Shedrick Romon Johnson, aka, “Cett,” 43, of Montgomery, Deangelo Lamon Russell, aka “Dee,” 31, of Anniston, Desmond Arterrio Nelson, aka “Dez,” 35, of Montgomery, and Aleshia Nelson,” aka “Leshia,” 30, of Montgomery, with conspiracy to commit an offense against the United States, using a facility in interstate commerce in furtherance of an unlawful activity, and conspiracy to distribute a controlled substance. Perry, Kierro Nelson, Johnson, and Brantley Glen Wheatley, aka “Queen B,” 29, of Tuscaloosa, are charged with conspiracy to commit wire fraud. Perry, Johnson, and Wheatley are charged with wire fraud. Perry and Wheatley are charged with aggravated identity theft. Perry, Kierro Nelson, Johnson, Wheatley, and Russell are charged with conspiracy to commit money laundering.

The defendants include current and former inmates at Donaldson, as well as family members of two inmates. The charges stem from a larger investigation into fraud and corruption at Donaldson that has to date resulted in nine additional individuals being charged. Those individuals include Wilson Brian Clemons, Ricardo Poole, Sr., Kortney Jovan Simon, Otis Lee Bowers, Terry Ray Bradshaw, Rennita Renee Perry, Kiara Reshell Anderson, Ricardo Poole, Jr., and Rhonda Thompson Poole.

According to the indictment, between July 2021 and February 2022, the defendants used contraband cell phones, social engineering techniques, and spoofing technology to trick retailers into transferring them funds under fraudulent pretenses. The proceeds of these telephone scams were then used to, among other things, finance the purchase of controlled substances and to pay bribes to corrections officers at Donaldson.

The charges of conspiracy to commit an offense against the United States and use of a facility in interstate commerce in furtherance of illegal activity both carry a maximum sentence of five years in prison The charges of conspiracy to commit wire fraud, wire fraud, conspiracy to commit money laundering, and conspiracy to distribute and possess with the intent to distribute a controlled substance each carry a maximum penalty of 20 years in prison. Aggravated identity theft carries a mandatory sentence of two years in prison.

The U.S. Secret Service Cyber Fraud Task Force investigated the case. Assistant U.S. Attorneys Edward J. Canter and John M. Hundscheid are prosecuting the case. The Alabama Department of Corrections Law Enforcement Services Division, the Drug Enforcement Administration, and the Federal Bureau of Investigation have assisted in the investigation.

An indictment contains only charges. The defendants are presumed innocent unless and until they are proven guilty.

Two Individuals Indicted on Gun Charges Appear in Federal Court

Source: US FBI

BIRMIGHAM, Ala. — Yesterday, two individuals were arrested by FBI agents and appeared in federal court, announced U.S. Attorney Prim F. Escalona and Federal Bureau of Investigation Special Agent in Charge Carlton L. Peeples. 

Charles Edward Kilgore, 31, of Heflin, and Thomas Austin Griffith, 24, of Anniston, were arraigned before U.S. Magistrate Judge Nicholas A. Danella on charges of being a felon in possession of a firearm. Kilgore and Griffith are being held in the custody of the U.S. Marshal until their detention hearings which are set for March 14.  

According to the indictments, Kilgore illegally possessed a Glock .40 caliber pistol on January 6, 2023, in Cleburne County. Griffith illegally possessed a Glock .40 caliber pistol on December 9, 2022, in Calhoun County.

The maximum penalty for being a felon in possession of a firearm is 15 years in prison.

The FBI North Alabama Violent Crime Task Force investigated the case, along with the Calhoun County Sheriff’s Office and the Oxford Police Department. Assistant U.S. Attorney Michael A. Royster is prosecuting the case.

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

New Hope Man Sentenced for His Role in Multi-Million-Dollar Kickback and Health Care Fraud Cases

Source: US FBI

HUNTSVILLE, Ala. – A federal judge has sentenced another individual charged in a series of related cases involving multi-million-dollar health care fraud conspiracies, announced U.S. Attorney Prim F. Escalona, Federal Bureau of Investigation Special Agent in Charge Carlton L. Peeples, and U.S. Department of Health and Human Services, Office of Inspector General, Special Agent in Charge Tamala E. Miles. 

Last Friday, Chief United States District Court Judge L. Scott Coogler sentenced John Hornbuckle, 53, of New Hope, to 80 months in prison. In November 2022, Hornbuckle pleaded guilty to one count of conspiracy to commit health care fraud and one count of conspiracy to receive kickbacks. Between 2012 and 2018, Hornbuckle owned QBR. According to the plea agreement in Hornbuckle’s case, QBR billed insurers millions of dollars for electro-diagnostic testing that its technicians performed, regardless of whether there was a medical need for them. Hornbuckle caused QBR to pay medical providers a per-patient fee for the tests they ordered from QBR that were reimbursed by insurers, including Medicare and other government health care programs. The payments were disguised as hourly payments for the provider’s time and the time of the provider’s staff, but the provider was actually paid a fee per patient who received a test. Insurance programs paid more than nine million dollars for the medically unnecessary tests that QBR paid doctors to order.

Hornbuckle was also ordered to pay $9,192,005.20 in restitution, a fine of $250,000, and forfeiture of $176,449.19.

The case against Hornbuckle is related to several other cases that have resulted in convictions in the last year. Dr. Mark Murphy, 66, and his wife Jennifer Murphy, 66, both of Lewisburg, Tennessee, were sentenced last week. Brian Bowman, 41, of Gadsden, has pleaded guilty to health care fraud conspiracy. According to Bowman’s plea agreement, Bowman marketed QBR’s electro-diagnostic testing to medical providers, and was paid a fee for each test they ordered. Bowman received nearly a million dollars in fees from QBR. James Ewing Ray, 52, of Gadsden, has pleaded guilty to health care fraud and kickback conspiracy for his role as a sales rep who marketed QBR’s scheme to medical practices and received kickbacks per test ordered. John Alan Robson, 40, of Trussville, was indicted last month on charges of health care fraud conspiracy, kickback conspiracy, and kickbacks. According to his indictment, Robson was a sales rep who marketed to doctors’ offices various health care products and services, including prescription drugs from specialty pharmacies, durable medical equipment (DME), and electro-diagnostic testing. Robson was paid fees for the prescriptions, DME, and tests he generated from doctors.

Brian Bowman and James Ray are awaiting sentencing.

The FBI and HHS-OIG investigated the cases.  Assistant U.S. Attorneys J.B. Ward and Don Long prosecuted the cases.

Birmingham Attorney Sentenced to More Than Eight Years in Prison for Possession of Child Pornography

Source: US FBI

Birmingham, Ala. – A federal judge sentenced a Birmingham attorney today for possession of child pornography announced U.S. Attorney Prim F. Escalona and Federal Bureau of Investigation Special Agent in Charge Carlton L. Peeples.

U.S. District Court Judge Annemarie Axon sentenced Chase Tristian Espy, 36, of Vestavia, to 97 months in prison followed by 20 years supervised release. Espy pleaded guilty to possession of child pornography in October 2022. Espy was also ordered to pay additional special assessments of $15,000.00 pursuant to the Amy, Vicky, and Andy Child Pornography Victim Assistance Act and $5,000.00 pursuant to the Justice for Victims of Trafficking Act.  Assessments collected under these statutes are used to fund and enhance victim services. Espy was remanded into the custody of the U.S. Marshal.

“No one is above the law, and today’s sentence sends a message to anyone who preys on innocent children.  We will use every tool available to us to investigate and prosecute those who target children for abuse,” U.S. Attorney Escalona said.  “I commend the hard work and commitment of our local, state, and federal law enforcement partners to bring this defendant to justice.” 

In October 2022, Espy pleaded guilty to possession of child pornography arising out of events that occurred from March 2021 to August 2021.  Court documents reveal that the investigation was initiated when Espy engaged in online chats with an undercover law enforcement officer whom Espy believed was a 15-year-old girl.  Upon being arrested, Espy’s cell phone was seized, and a search warrant was obtained.  From this search, approximately 69 videos and four images of child sexual abuse material were found.

The FBI Birmingham’s Child Exploitation Human Trafficking Task Force (CEHTTF), the Homewood Police Department, and the Alabama Law Enforcement Agency (ALEA) participated in this investigation.  Assistant U.S. Attorneys R. Leann White and Jonathan Cross are prosecuted the case.

The case was brought as part of Project Safe Childhood, a nationwide initiative launched by the Department of Justice in May 2006 to combat the growing epidemic of child sexual exploitation and abuse.  Led by U.S. Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, and to identify and rescue victims.  For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.