Etowah Pain Clinic Owner Pleads Guilty in Multi-Million-Dollar Kickback and Health Care Fraud Case

Source: US FBI

BIRMINGHAM, Ala. – Another individual has been convicted in the latest in a series of cases involving multi-million-dollar health care fraud and kickback 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. 

David Lyle Shehi, 42, of Rainbow City, pleaded guilty yesterday before Chief U.S. District Judge L. Scott Coogler to conspiracy to pay kickbacks and commit health care fraud.

According to the information and plea agreement, Shehi owned a pain management clinic in Rainbow City called Etowah Pain. Between 2016 and 2018, Shehi conspired with others to commit health care fraud, and to receive kickbacks in exchange for his medical practice’s ordering items or services that would be billed to Medicare and other health insurance programs. One of those services was electro-diagnostic testing provided by a Huntsville-based company called QBR, or Diagnostic Referral Community. According to the plea agreement, QBR paid Shehi, through the medical practice, a per-patient fee for tests ordered from QBR and reimbursed by insurance. The payments were disguised as hourly payments for the ordering physician’s time and staff’s time, but in reality, Shehi’s practice was paid on a per-patient basis.

Also, this week, a defendant in a related case was sentenced. Today, Judge Coogler sentenced Dr. Eric Beck, 64, of Huntsville, to 15 months in prison. Beck pleaded guilty last year to health care fraud conspiracy for his role in the QBR scheme.

In February, John Alan Robson, 40, of Trussville, was indicted in a related case for health care fraud conspiracy, kickback conspiracy, and kickbacks.

The cases against Shehi, Beck, and Robson are related to several other cases that have resulted in convictions. John Hornbuckle, 53, of Huntsville, pleaded guilty to health care fraud and kickback conspiracy offenses for his role, as QBR’s CEO, in orchestrating the fraud. James Ewing Ray, 52, of Gadsden, pleaded guilty to health care fraud and kickback conspiracy for his role as a sales rep who marketed QBR’s scheme to Shehi and other medical practices and received kickbacks per test ordered.

In March 2022,  a jury convicted Dr. Mark Murphy, 66, and his wife Jennifer Murphy, 66, both of Lewisburg, Tennessee, of drug distribution, fraud, and kickback crimes. The Murphys operated North Alabama Pain Services, which closed its Decatur and Madison offices in early 2017. According to court documents and evidence presented at trial, the Murphys took kickbacks from QBR of more than a million dollars. In return, Dr. Murphy ordered electro-diagnostic tests from QBR for his patients, regardless of whether there was a medical need for those tests. Dr. Murphy also pre-signed prescriptions for expensive specialty topical creams, sprays, and patches, which patients then received whether they wanted the products or not. Before the Murphys went to trial, a co-defendant, Brian Bowman, 42, of Gadsden, 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. Bowman also marketed high-reimbursing specialty prescription drugs to the Murphys and other providers, and received payments for the prescriptions he generated.

Mark Murphy and Jennifer Murphy each were sentenced to twenty years in prison. Hornbuckle was sentenced to eighty months in prison. Ray and Bowman are awaiting sentencing. Other co-conspirators have already been sentenced.

The maximum penalty for conspiracy to commit health care fraud and receive kickbacks is five years in prison.

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

Three Defendants Indicted on Methamphetamine Trafficking Charges

Source: US FBI

SACRAMENTO, Calif. — A federal grand jury returned a six-count indictment Thursday against Francisco Cornejo-Quezada, 21, of Watsonville; and Shawn Eric Morales Sr., 51, and Renee Michele Hermann, 54, both of Hood, charging all three defendants with conspiracy to distribute methamphetamine and related offenses, U.S. Attorney Phillip A. Talbert announced.

According to court documents, all three defendants are charged with conspiracy to distribute and possess with intent to distribute over 500 grams of methamphetamine. The indictment also charges the defendants with multiple counts of distributing methamphetamine and charges Morales and Hermann with possession with intent to distribute methamphetamine.

This case is the product of an investigation by the Drug Enforcement Administration and Homeland Security Investigations, with assistance from the Federal Bureau of Investigation and the Bureau of Alcohol, Tobacco, Firearms and Explosives. Assistant U.S. Attorney Emily G. Sauvageau is prosecuting the case.

If convicted, each defendant faces a minimum statutory penalty of 10 years in prison and a $10 million fine. Any sentence, however, would be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables. The charges are only allegations; the defendants are presumed innocent until and unless proven guilty beyond a reasonable doubt.

The case was investigated under the Organized Crime Drug Enforcement Task Forces (OCDETF). OCDETF identifies, disrupts, and dismantles the highest-level criminal organizations that threaten the United States using a prosecutor-led, intelligence-driven, multi-agency approach. For more information about Organized Crime Drug Enforcement Task Forces, please visit Justice.gov/OCDETF.

Sacramento Man Sentenced to 27 Months in Prison for Being a Felon in Possession of a Firearm

Source: US FBI

SACRAMENTO, Calif. — John Damian, 30, of Sacramento, was sentenced today by U.S. District Judge William B. Shubb to two years and three months in prison for being a felon in possession of a firearm, U.S. Attorney Phillip A. Talbert announced.

According to court documents, on Nov. 8, 2023, law enforcement officers attempted to serve a search warrant on an armed robbery suspect who was walking with Damian. Damian was on parole for multiple felonies and was subject to a search clause. Damian initially hesitated to comply with the law enforcement officers’ commands and attempted to go around the side of the robbery suspect’s vehicle. But as the officers approached him, he admitted to having a gun. A loaded Glock 27 semi-automatic firearm was found in his right sweatshirt pocket. The firearm contained a 13-round magazine loaded with .40 caliber ammunition, but no round in the chamber. In his left sweatshirt pocket, detectives located approximately 20.74 grams of cocaine. Damian has previously been convicted of multiple felonies including assault with force likely to produce great bodily injury, being a felon in possession of a firearm, assault on person with a semi-automatic firearm, and willful discharge of a firearm in a negligent manner.

This case was the product of an investigation by the Federal Bureau of Investigation and the Sacramento Police Department. Special Assistant U.S. Attorney Matthew De Moura prosecuted the case.

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 U.S. Department of Justice 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.

Fresno County Man Indicted for Mailing Falsified Disability Insurance Claims

Source: US FBI

FRESNO, Calif. — A federal grand jury returned an eight-count indictment against Leonel Hernandez, 51, of Parlier, charging him with mail fraud, U.S. Attorney Phillip A. Talbert announced.

According to court documents, Hernandez was employed as a supervisor for a farm labor contractor in Sanger. Between March 2017 and October 2020, Hernandez submitted falsified disability insurance claims using identities of individuals known to him, including some who were already deceased and some who were farm laborers in Sanger or Fresno. Hernandez forged physician signatures on the disability insurance claim forms, falsely certifying that the physicians had examined the claimants and falsely certifying other medical information that was allegedly obtained through such examinations. Hernandez used the U.S. mail to submit at least 20 claims and caused losses exceeding $300,000.   

This case is the product of an investigation by the Federal Bureau of Investigation and the California Employment Development Department. Assistant U.S. Attorneys Chan Hee Chu and Joseph Barton are prosecuting the case.

If convicted, Hernandez faces a maximum statutory penalty of 20 years in prison and a $250,000 fine. Any sentence, however, would be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables. The charges are only allegations; the defendant is presumed innocent until and unless proven guilty beyond a reasonable doubt.

Texas Man Sentenced to 57 Months in Prison for Being a Felon in Possession of a Firearm

Source: US FBI

SACRAMENTO, Calif. — William Lesley, 34, of Dallas, Texas, was sentenced today by U.S. District Judge Dale A. Drozd to four years and nine months in prison for being a felon in possession of a firearm, U.S. Attorney Phillip A. Talbert announced.

According to court documents, law enforcement officers conducted a parole search in Galt at the residence of Lesley’s co-defendant, Dexter Weeks, 35, a known felon on parole. While clearing the residence, officers encountered Lesley as he was coming out of a bedroom. In the bedroom where Lesley had exited, officers found a loaded Ruger pistol in a backpack on the floor near the bed. Lesley is prohibited from possessing firearms or ammunition because he has multiple state felony convictions.

After pleading guilty to being a felon in possession of a firearm, Weeks was sentenced on Aug. 27, 2024, to seven years in prison.

This case was the product of an investigation by the Sacramento Sheriff’s Office, the Federal Bureau of Investigation, and the FBI’s Safe Streets Task Force. Assistant U.S. Attorney Haddy Abouzeid prosecuted the case.

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 U.S. Department of Justice 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.

Merced County Man Indicted for Receiving and Distributing Child Pornography

Source: US FBI

FRESNO, Calif. — On Oct. 31, 2024, a federal grand jury returned a two-count indictment against Joel Damian Ortega, 35, of Merced, charging him with receipt and distribution of child pornography, U.S. Attorney Phillip A. Talbert announced. The indictment was unsealed following Ortega’s arrest yesterday.

According to court documents, between Jan. 26, 2024, and July 7, 2024, Ortega used a Samsung Galaxy smartphone to receive and distribute at least one visual depiction of a child engaged in sexually explicit conduct. Ortega also used an iPhone to receive at least one visual depiction of a minor engaged in sexually explicit conduct on April 2, 2024.

This case is the product of an investigation by the Federal Bureau of Investigation. Assistant U.S. Attorney Brittany M. Gunter is prosecuting the case.

If convicted, Ortega faces a maximum statutory penalty of up to 20 years in prison, with a mandatory minimum of five years in prison, and up to a $250,000 fine for each charge. Any sentence, however, would be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables. The charges are only allegations; the defendant is presumed innocent until and unless proven guilty beyond a reasonable doubt.

This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute those who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc. Click on the “resources” tab for information about internet-safety education.

Guatemalan National Pleads Guilty to Heroin and Methamphetamine Delivery to Fresno

Source: US FBI

FRESNO, Calif. — Donis Ariel Maldonado, 28, a Guatemalan national residing in El Monte, pleaded guilty today to conspiring to distribute and possess with intent to distribute heroin and methamphetamine, U.S. Attorney Phillip A. Talbert announced.

According to court documents, Maldonado agreed with other members of the conspiracy to distribute 22 pounds of heroin and over 80 pounds of methamphetamine sourced from Mexico.  On June 24, 2019, Maldonado delivered the drugs to an informant in Fresno.

This case is the product of an investigation by the Federal Bureau of Investigation, the Drug Enforcement Administration, the Fresno County Sheriff’s Office, and the High Impact Investigation Team (HIIT), a High Intensity Drug Trafficking Area Initiative (HIDTA), which consists of personnel from the California Department of Justice, Fresno Police Department, Fresno County Sheriff’s Office, Fresno County District Attorney’s Office, California Highway Patrol, Madera County Sheriff’s Office, Tulare County Sheriff’s Office, Kings County Sheriff’s Office, and the California Department of Corrections and Rehabilitation. Assistant U.S. Attorney Karen Escobar is prosecuting the case.

Maldonado is scheduled to be sentenced by U.S. District Judge Jennifer L. Thurston on Feb. 18, 2025. Maldonado faces a maximum statutory penalty of 20 years in prison and a $2 million fine. The actual sentence, however, will be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables.

The case was investigated under the Organized Crime Drug Enforcement Task Forces (OCDETF). OCDETF identifies, disrupts, and dismantles the highest-level criminal organizations that threaten the United States using a prosecutor-led, intelligence-driven, multi-agency approach. For more information about Organized Crime Drug Enforcement Task Forces, please visit Justice.gov/OCDETF

El Dorado Convicted Sex Offender Indicted for Distribution of Child Pornography

Source: US FBI

SACRAMENTO, Calif. — A federal grand jury returned a single-count indictment against Kevin Dail Meadors, 56, of El Dorado Hills, charging him with receipt of child pornography, U.S. Attorney Phillip A. Talbert announced.

According to court documents, between July 1, 2023, and Dec. 9, 2023, Meadors knowingly received visual depictions of minors engaged in sexually explicit conduct. The indictment alleges that Meadors suffered a prior conviction for committing lewd and lascivious acts with a child under the age of 14, which affects the potential penalties he faces in this case.

This case is the product of an investigation by the Federal Bureau of Investigation, El Dorado County District Attorney’s Office, and Sacramento Valley Hi-Tech Crimes Task Force. Special Assistant U.S. Attorney Nchekube Onyima and Assistant U.S. Attorney Shea J. Kenny are prosecuting the case.

If convicted, Meadors faces a mandatory minimum penalty of 15 years in prison, a maximum statutory penalty of 40 years in prison, and a $250,000 fine. Any sentence, however, would be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables. The charges are only allegations; the defendant is presumed innocent until and unless proven guilty beyond a reasonable doubt.

This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute those who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc. Click on the “resources” tab for information about internet safety education.

Carmichael Man Sentenced to 16 Years in Prison for Sexual Exploitation of a 10-Year-Old

Source: US FBI

SACRAMENTO, Calif. — Christopher Espinoza, 32, of Carmichael, was sentenced today by U.S. District Judge Daniel J. Calabretta to 16 years in prison to be followed by 15 years of supervised release for sexual exploitation of a minor, U.S. Attorney Phillip A. Talbert announced.

According to court documents, in November 2018, Espinoza obtained multiple sexually explicit images of a 10-year-old minor victim by communicating directly with the minor victim through electronic means. In January 2019, law enforcement officers contacted Espinoza due to complaints that he was making inappropriate requests to parents who were selling sports equipment and costumes online, by seeking photographs of their children. Subsequent law enforcement investigation revealed that Espinoza had hundreds of videos and photos of child pornography on his electronic devices. It also revealed a log showing Espinoza had 33 phone calls with the 10-year-old minor victim and exchanged text messages with the minor victim where Espinoza requested and received nude pictures of the minor.

This case was the product of an investigation by the Sacramento Sheriff’s Office, the Internet Crimes Against Children Task Force and the Federal Bureau of Investigation. Assistant U.S. Attorney Roger Yang prosecuted the case.

This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute those who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc. Click on the “resources” tab for information about internet-safety education.

Eleven Foreign Nationals Indicted for Using Blowtorches and Cellphone Jammers to Commit String of Bank Robberies in Multiple States

Source: US FBI

The FBI asks anyone with relevant information about the crimes in this press release to fill out this questionnaire. For more information, go to the Seeking Victims Page

FRESNO, Calif. — A federal grand jury returned an indictment today against 11 foreign nationals, charging them with bank robbery and conspiracy to commit bank robbery arising from a string of robberies from banks and ATMs throughout California, Oregon, and Washington, U.S. Attorney Phillip A. Talbert announced.

According to court documents, the defendants are part of an ongoing conspiracy to break into and steal money from financial institutions between May and October of 2024. To avoid detection, the crew rented short-term vacation properties near their intended targets and used cars rented on the black market. Conspirators identified ATMs in vulnerable locations and then, using construction-crew disguises, blowtorches, and cellphone jammers, among other sophisticated tactics, broke into the ATMs and stole their cash. More than 29 banks and credit unions were targeted during the period of the conspiracy, with more than $4 million in cash taken.

Nine of those charged were arrested last week and two more were arrested in Washington on October 30. The charged defendants are Alex Moyano Morales, 24, of Chile; Maite Celis Silva, 26, of Chile; Erik Osorio Olivarez, 20, of Chile; Pablo Valdez Rodriguez, 36, a Chilean national; Rosa Bastias Serra, 42, of Chile; Camilo Sepulveda Guzman, 31, of Peru; Bassil Dacosta Frias, 34, of Venezuela; Camilo Alarcon Alarcon, 23, of Chile; Michelle Parada Munoz, 21, of Chile; Alvaro Lagos Mieres, 44, of Chile, and Humberto Jimenez Moreno, 45, of Chile. All defendants are charged with conspiracy to commit bank robbery. Moyano, Celis, Osorio, Valdez, Bastias, Sepulveda, Lagos, and Jimenez are additionally charged with bank robbery.

Court documents allege that the defendants targeted banks and ATMs throughout the Eastern District of California (Fresno, Auburn, Merced, Clovis, Modesto, Roseville, Rocklin, Yuba City, and Fall River Mills) as well as in Oregon, Washington, and the Los Angeles area.  The alleged incidents include the following:

On Sept. 18, 2024, the defendants robbed a Wells Fargo in Modesto. Before that robbery, several co-conspirators scouted an adjoining business before returning during the night to cut a hole through the wall of the adjoining business to access the Wells Fargo ATMs. Co-conspirators also obtained cars and rental homes to facilitate that robbery.

On Sept. 22, 2024, the defendants broke into and stole money from a Golden 1 Credit Union ATM where they wore similar disguises as in other thefts.

Alleged conspiracy members at the September 22, 2024 Golden 1 robbery.

On Sept. 28, 2024, the defendants broke into Tri Counties Bank in Fall River Mills in Shasta County. They used blowtorches, saws, and other power tools to access the bank and interior vaults within it. During this robbery, the conspirators were interrupted and left some of their tools behind.

Bank vaults broken into at the Tri Counties Bank, along with tools left behind.

Alleged conspiracy members inside the Tri Counties Bank.

According to court documents, investigators tracked the crew to several short-term rental properties in Oregon and Washington where the FBI executed search warrants and found hundreds of pounds of robbery tools, disguises, fake identification documents, and more than $100,000 in cash. Valdez, Sepulveda, Bastias, Dacosta, Alarcon, Parada, Lagos and Jimenez were arrested in Washington. Separately, Moyano, Celis, and Osorio were arrested in the greater Los Angeles area, after the execution of a search warrant at a residence there.

Valdez, Sepulveda, Bastias, Dacosta, Alarcon and Parada had their initial appearances in the Western District of Washington and are being transported to Fresno to face the indictment. Lagos and Jimenez are expected to have their initial appearance in the Western District of Washington on Oct. 31, 2024. Moyano, Celis, and Osorio have their next court date in Fresno on Nov. 6, 2024.

This case is the product of an investigation by the Federal Bureau of Investigation, the police departments of the cities of Fresno, Citrus Heights, Clovis, Elk Grove, Fresno, Modesto, Rocklin, Roseville, and Sacramento and the Placer County Sheriff’s Office, with assistance from the Los Angeles Police Department, the Los Angeles Sheriff’s Office, and the Seattle Police Department. The U.S. Attorney’s Office for the Eastern District of California also received assistance from the U.S. Attorney’s Offices in the District of Oregon and the Western District of Washington. Assistant U.S. Attorneys Robert L. Veneman-Hughes and Justin J. Gilio are prosecuting the case.

If convicted, the defendants face a maximum statutory penalty of 20 years in prison for bank robbery and five years in prison for conspiracy to commit bank robbery. Any sentence, however, would be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables. The charges are only allegations; the defendants are presumed innocent until and unless proven guilty beyond a reasonable doubt.