Administrator of Scam Telegram Channel Charged with Fraud

Source: US FBI

BIRMINGHAM, Ala. – A federal grand jury indicted a Birmingham-area man for his role operating a scam Telegram channel dedicated to the sale of stolen and fraudulent checks, announced U.S. Attorney Prim F. Escalona, Federal Bureau of Investigation Special Agent in Charge Carlton L. Peeples, and U.S. Postal Inspection Service Inspector-in-Charge Scott D. Fix, Houston Division. 

An eleven-count indictment filed in U.S. District Court charges Mekhi Diwone Harris, 24, of Birmingham, Alabama with conspiracy, wire fraud, and bank fraud. Harris was arrested on August 9, 2023, pursuant to a complaint issued by the U.S. District Court for the Northern District of Alabama.    

The indictment alleges that between October 2022 and August 2023, Harris participated in a scheme to sell stolen or otherwise fraudulent checks on a Telegram channel called “Work Related Slips.” According to court documents, thousands of stolen or fraudulent checks have been posted to the “Work Related Slips” channel since October of last year. The victims include individuals, municipalities, utilities, churches, nursing homes, schools, non-profit groups, and businesses across the country — including hundreds in the Northern District of Alabama. The total value of the checks posted to the “Work Related Slips” channel is more than $15 million.

The maximum penalty for conspiracy to commit bank fraud or conspiracy to commit wire fraud affecting a financial institution is 30 years in prison.  The maximum penalty for wire fraud is 20 years in prison. The maximum penalty for bank fraud is 30 years in prison.  

The FBI investigated the case, which is being prosecuted by Assistant U.S. Attorney Edward J. Canter. The U.S. Attorney’s Office for the Southern District of Alabama, the U.S. Postal Service Office of Inspector General, and the U.S. Postal Inspection service all provided significant assistance during the course of the investigation.

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

Two Cousins Found Guilty of 11 Felony Charges, Including Assault with a Dangerous Weapon, Related to Capitol Breach

Source: US FBI

            WASHINGTON – Two cousins were found guilty in the District of Columbia of felony and misdemeanor charges for their actions during the Jan. 6, 2021, Capitol breach. Their actions and the actions of others disrupted a joint session of the U.S. Congress convened to ascertain and count the electoral votes related to the presidential election.

            Thomas Harlen Smith, 44, of Mathiston, Mississippi, was found guilty of 11 charges, including nine felony counts and two misdemeanors, following a jury trial before U.S. District Judge Reggie B. Walton, who scheduled sentencing for August 17, 2023. Smith was convicted of assaulting officers with a dangerous weapon; obstruction of an official proceeding; two counts of civil disorder; two counts of assaulting, impeding, or resisting officers; entering and remaining in a restricted building or grounds with a deadly or dangerous weapon; disorderly and disruptive conduct in a restricted building or grounds with a deadly or dangerous weapon; and engaging in physical violence in a restricted building or grounds with a dangerous weapon. He was also convicted of two misdemeanors: disorderly conduct in the Capitol grounds or buildings and an act of physical violence in the Capitol grounds or buildings.

            Donnie Duane Wren, 44, of Athens, Alabama, was found guilty of three charges, including two felony counts and one misdemeanor. His sentencing is also set for August 17, 2023, before U.S. District Judge Reggie B. Walton. Wren was convicted of assaulting, impeding, or resisting officers; civil disorder; and entering and remaining in a restricted building or grounds.

            According to evidence presented in court, Smith and Wren traveled from Mississippi and Alabama to D.C. to attend former President Trump’s rally. After reaching the Capitol grounds, Smith entered the Tunnel, attempted to break a window with his flagpole, and pushed into the Capitol. Later, on the Upper West Terrace, Smith and Wren pushed against a police line –holding them back for twenty seconds. Smith then kicked an officer to the ground and threw a metal pole — hitting an officer in the head. After the he left Capitol grounds, Smith messaged on Facebook, “we stormed the capitol.”

            Smith’s most serious assault charge and the obstruction charge each carry a statutory maximum sentence of up to 20 years in prison. Wren’s assault charge carries a statutory maximum sentence of up to 8 years in prison. A federal court judge will determine the appropriate sentence after considering all factors and the U.S. Sentencing guidelines.

            The case is being prosecuted by the U.S. Attorney’s Office for the District of Columbia and the National Security Division’s Counterterrorism Section. Valuable assistance was provided by the U.S. Attorney’s Offices for the Northern District of Mississippi, the Northern District of Alabama, and the Southern District of Florida.

            The case is being investigated by the FBI’s Washington and Birmingham Field Offices and the Homestead Florida and Oxford Mississippi Resident Agencies which listed Wren as #219 on their seeking information photos. Valuable assistance was provided by the U.S. Capitol Police, the Metropolitan Police Department, and the Prince George’s County Police Department.

            In the 28 months since Jan. 6, 2021, more than 1,000 individuals have been arrested in nearly all 50 states for crimes related to the breach of the U.S. Capitol, including more than 320 individuals charged with assaulting or impeding law enforcement. The investigation remains ongoing. 

            Anyone with tips can call 1-800-CALL-FBI (800-225-5324) or visit tips.fbi.gov.

Leader of a Major Drug Trafficking Organization Operating in Jefferson County Indicted on Drug and Gun Charges

Source: US FBI

Birmingham, Ala. – A federal indictment unsealed on Monday charges the leader of a major drug trafficking organization and one of his lieutenants on drug and gun charges, announced U.S. Attorney Prim F. Escalona and Federal Bureau of Investigation Special Agent in Charge Carlton L. Peeples.

A ten-count indictment filed in the U.S. District Court charges Lumon Andre Layton, aka “Loom”, 49 , of Birmingham, and Cedric Lamar Nelson, aka asCed”, 36 , of Midfield,  with conspiracy to possess with intent to distribute and distribution of heroin, fentanyl, methamphetamine, and cocaine, and distribution of fentanyl between March 2022 and January 2023.

Layton is also charged with five counts of possession with intent to distribute and distribution of heroin, fentanyl, methamphetamine, and cocaine, two counts of using and carrying a firearm during and in relation to drug trafficking crimes, and two counts of being a felon in possession of a firearm. Layton was convicted of Manslaughter on May 2, 2000, in the Circuit Court of Talladega County, Alabama, as well as several drug crimes in Jefferson County, Alabama, prior to 2000. 

According to the indictment, on January 6, 2023, Jefferson County Sherriff deputies executed four search warrants on properties involved in the conspiracy. The deputies seized $1,088,000 from these properties, in addition to five firearms seized during the investigation.

The penalty for conspiracy to distribute methamphetamine and possession with intent to distribute or distribution of a controlled substance is a minimum mandatory penalty of ten years to life in prison. The maximum penalty for possession with intent to distribute or distribution of heroin, fentanyl, methamphetamine, and cocaine is life in prison. The penalty for using and carrying a firearm during and in relation to a drug trafficking crime is a minimum mandatory term of five years in prison up to life to run consecutive to any other count. The maximum penalty for being a felon in possession of a firearm is 15 years in prison.

The FBI and Jefferson County Sheriff’s Office investigated the case.   Assistant U.S. Attorney Jonathan Cross is prosecuting the case.

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

Former Interiorscapes Bookkeeper Pleads Guilty to Embezzlement Scheme

Source: US FBI

BIRMINGHAM, Ala. – The former bookkeeper for Interiorscapes, a small Birmingham-based business that offers plant services to a range of companies, has pleaded guilty to running a multi-year embezzlement scheme, announced U.S. Attorney Prim F. Escalona and Federal Bureau of Investigation Special Agent in Charge Carlton L. Peeples. 

Tammi Spangenberg Turner, 60, of Morris, pleaded guilty yesterday before U.S. District Court Judge Karon O. Bowdre to wire fraud.

According to the plea agreement, Turner served as the bookkeeper at Interiorscapes from about 2015 until late 2021. Her duties included overseeing accounts payable and receivable, payroll, and entries in the company’s QuickBooks accounting software. During her tenure, Turner used a company credit card to pay tens of thousands of dollars of personal expenses. Turner hid her conduct by creating false entries in QuickBooks, writing personal checks to the company purportedly as reimbursement for the charges, keeping copies of those checks in the company records, but never depositing the checks in the company’s operating accounts. These unauthorized and unreimbursed charges totaled more than $94,000.

The maximum penalty for wire fraud is twenty years in prison, a fine of up to $250,000, and supervised release of up to three years.

The FBI investigated the case. Assistant U.S. Attorney J.B. Ward is prosecuting the case. 

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.