FEDERAL PLEAS HEARD IN EASTERN DISTRICT OF TEXAS
SHERMAN, TX – United States Attorney John L. Ratcliffe announced today that two Texas men have pleaded guilty to separate federal violations in the Eastern District of Texas. The pleas were heard by United States Magistrate Judge Don D. Bush.
VINCENT WING-SHING WONG, 29, of Allen, Texas pleaded guilty today to printing and using counterfeit postage meter stamps.
According to information presented in court, beginning around January 2001 through November 2007, Wong printed counterfeit postage meter stamps and affixed them to packages which he mailed using the United States postal Service. Wong used the counterfeit postage meter stamps mail items he sold on eBay and then used the money generated by these sales to buy more goods. Wong admitted that he did not pay at least $314,277.00 for postage that he used. Wong also admitted that due to the nature and circumstances surrounding his acquisition of the merchandise that he sold on eBay, he believes the merchandise was stolen.
Wong faces up to 5 years in federal prison and a fine of up to $250,000.00 at sentencing. A sentencing date has not been set.
This case is being investigated by the United States Postal Service and prosecuted by Assistant United States Attorney Terri L. Hagan.
ALVIN RAY GIPSON, JR., 34, of Frisco, Texas pleaded guilty to criminal copyright infringement.
According to information presented in court, beginning about 2006, Gipson reproduced and distributed copyrighted movies and music recordings having an approximate value of $93,845.62.
Gipson faces up to 3 years in federal prison and a fine of up to $250,000.00 at sentencing. A sentencing date has not been set.
This case is being investigated by the United States Secret Service and prosecuted by Assistant United States Attorney Terri L. Hagan.
TWO SENTENCED FOR FEDERAL DRUG VIOLATIONS IN EASTERN DISTRICT OF TEXAS
(TYLER, TX) United States Attorney John L. Ratcliffe announced today that two men have been sentenced to federal prison for drug violations in the Eastern District of Texas.
HUNTER QUIN TILLERY, 27, of Gilmer, pleaded guilty on August 29, 2007 to conspiracy to possess with intent to distribute methamphetamine and was sentenced today to 60 months in federal prison.
BILLY SHANE FORD, 31, of Royse City, pleaded guilty on August 29, 2007 to possession with intent to distribute methamphetamine and was sentenced today to 96 months in federal prison.
According to information presented in court, an ongoing investigation began in January 2003 into the distribution of methamphetamine in East Texas. The operation has resulted in numerous undercover purchases and seizures of both drugs and guns. A federal indictment was returned by the Grand Jury on February 6, 2007 charging 16 individuals, including Tillery and Ford, with federal drug crimes.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives, the U.S. Drug Enforcement Administration, the Federal Bureau of Investigation, the Texas Department of Public Safety, the Gregg County District Attorney's Office, the Longview police Department, and the Gregg County CODE Unit. This case is being prosecuted by Assistant United States Attorney Richard Moore.
HEROIN DISTRIBUTION CONSPIRATORS SENTENCED
FORT WORTH, Texas — U.S. District Judge Terry R. Means sentenced three individuals yesterday who pled guilty last year to their role in a conspiracy to distribute large quantities of heroin in Fort Worth, announced U.S. Attorney Richard B. Roper of the Northern District of Texas.
Judge Means sentenced Robert Lee Johnson, 55, to 97 months in prison, Maria Marquez, 50, to 108 months in prison, and Darryl Ladkins, 42, to 42 months in prison. In October 2007, Johnson and Marquez pled guilty to conspiracy to distribute more than 100 grams of heroin, while Ladkins pled guilty to maintaining a drug involved premises.
From at least August 2003 through May 2007, Robert Lee Johnson was engaged in the sale and distribution of heroin in the Fort Worth area. Maria Marquez, a resident of El Paso, Texas, was a courier who delivered the heroin to Johnson and payment back to the supplier in Mexico. She was also suspected of delivering heroin to customers in Chicago, Illinois. She would travel by car, bus, and commercial aircraft to deliver multiple ounces to multiple kilogram quantities of heroin. The conspiracy is believed to have imported and distributed at least seven kilograms of heroin.
On March 10, 2006, Marquez delivered a shipment of heroin to Johnson in the parking lot of a Payless shoe store on Cherry Lane in Fort Worth. She concealed the heroin in an empty car battery which she moved from her vehicle to Johnson’s vehicle.
On January 28, 2007, Johnson delivered approximately $40,000 to Marquez’s supplier and Marquez at a house in Fort Worth to pay for several shipments of heroin that Marquez had delivered to him.
In Spring 2007, Johnson rented a house on Meadowknoll in Fort Worth that belonged to Darryl Ladkins. Ladkins knew that Johnson sold heroin. For several months Johnson used that residence as a place to process black tar heroin into capsules for retail sale. The process involved cutting the heroin mixture to reduce its purity and increase its bulk and then putting the processed heroin into gelatin capsules. Even though Ladkins rented the house to Johnson, he kept some furniture there and occasionally slept there.
On May 19, 2007, federal law enforcement agents executed search warrants at both Ladkins’ residence and Johnson’s residence. At the Ladkins’ residence, agents seized 1105 grams of heroin (7% purity), drug paraphernalia used to process heroin (coffee grinders, digital scales, empty gelatin capsules, mannitol, mannite, a box cutter, plastic gloves, small paper sacks, plastic gloves, zip lock bags, and aluminum pans), and a vehicle belonging to Johnson. At the Johnson residence, agents seized a 2007 GMC Denali, two 2002 Cadillac Escalades, and $40,236 in U.S. currency.
U.S. Attorney Roper praised the investigative work of the North Texas Area High Intensity Drug Trafficking Area Task Force (HIDTA), the Drug Enforcement Administration, the Fort Worth Police Department, and the Texas Department of Public Safety. The case was prosecuted by Assistant U.S. Attorneys Fred Schattman and Jay Dewald.
WILLS POINT MAN SENTENCED FOR CHILD PORNOGRAPHY
TYLER, TX – United States Attorney John L. Ratcliffe announced today that a 22-year-old Wills Point man has been sentenced to 97 months in federal prison for possession of child pornography in the Eastern District of Texas.
WILLIAM JAMES OLIVER was sentenced today by United States District Judge Michael H. Schneider. Oliver also agreed to the forfeiture of his personal computer.
According to information presented in court, on March 28, 2007, law enforcement officers seized a personal computer belonging to Oliver at his Wills Point residence. A forensic analysis of the computer revealed that it contained approximately 55 digital images and 35 video clips involving minors engaged in sexually explicit conduct. Oliver pleaded guilty to charges of possessing child pornography on November 29, 2007.
This case is part of Project Safe Childhood (PSC). In February 2006, the Department of Justice created Project Safe Childhood, a nationwide initiative designed to protect children from online exploitation and abuse. Led by the United States Attorneys Offices, 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 identify and rescue victims. For information about Project Safe Childhood, visit www.projectsafechildhood.gov/.
This case was investigated by the Federal Bureau of Investigation and the Longview Police Department and was prosecuted by Assistant U.S. Attorney Bill Baldwin.
HOUSTON MAN SENTENCED FOR CREDIT CARD FRAUD IN EAST TEXAS
MARSHALL, TX – United States Attorney John L. Ratcliffe announced today that a 35-year-old Houston man has been sentenced to 64 months in federal prison for credit card fraud in the Eastern District of Texas.
MARVIN LAMONT WHITE was sentenced today by United States District Judge T. John Ward.
According to information presented in court, on December 23, 2006, White was stopped for a traffic violation by a Queen City police officer. During the course of the traffic stop, it was discovered that White had an outstanding warrant for his arrest.
After placing White under arrest, the officer completed an inventory of White vehicle revealing the following new items, still in their boxes: one Toshiba laptop computer, one Sony Playstation 3 gaming device, four Apple I-pods, two Microsoft X-Box 360 gaming devices, six Sony Playstation portable gaming devices, and multiple Sony Playstation compact disc games.
A Toshiba Satellite M45 laptop computer was also recovered. Further examination of the trunk of the vehicle led to the discovery of a swipe magnetic card reader. A forensic examination of the Toshiba Satellite M45 laptop computer revealed the presence of over one thousand credit and debit card account numbers.
White was charged with possessing unauthorized credit card numbers with the intent to commit fraud. He pleaded guilty to the charges on November 27, 2007.
This case was investigated by the Queen City Police Department, the Texas Department of Public Safety – CID, the Longview Police Department – Cyber Crimes Unit, and the United States Secret Service and was prosecuted by Assistant U.S. Attorney Jim Noble.
JEFFERSON COUNTY RESIDENTS INDICTED BY FEDERAL GRAND JURY FOR CAR-JACKING
BEAUMONT, TX—United States Attorney John L. Ratcliffe announced that a federal grand jury has returned an indictment charging six Jefferson County residents with federal charges related to a December car-jacking in the Eastern District of Texas.
The following persons were named in the three-count federal indictment:
JOHN FITZGERALD RICE, JR., 23, of Port Arthur;
JOSHUA JEROME HAYWARD, aka BRANDON METOYER, 19, of Port Arthur;
SARAH LYNN CORMIER, 21, of Port Arthur;
ALDRAIN JERAY BOOKER, 21, of Nederland;
WILLIAM GENE STANTON, 20, of Nederland; and
KEISHA GUIDRY, 19, of Nederland.
According to the indictment, on December 18, 2007, the defendants followed a Groves woman from Port Neches to her home where they threatened her at gunpoint, ordered her into the passenger seat of her vehicle and had her withdraw money from an Automated Teller Machine before releasing her and leaving with her vehicle.
The defendants were each charged with one count of conspiring to take a motor vehicle which had been shipped in interstate commerce by force and intimidation with intent to cause death and serious bodily harm; one count of car-jacking and one count of brandishing a firearm during a crime of violence.
The defendants each face up to 15 years in federal prison and a fine not to exceed $250,000.00 for the car-jacking offenses and up to 7 years stacked on top of the other penalties for the weapons charge.
This case is being investigated by the Port Arthur Police Department and the Federal Bureau of Investigation and prosecuted by Assistant United States Attorney Michelle Englade.
It is important to note that an indictment should not be considered as evidence of guilt and that all persons charged with a crime are presumed innocent until proven guilty beyond a reasonable doubt.
FORMER CORRECTIONS OFFICER CONVICTED OF BRIBERY IN THE EASTERN DISTRICT OF TEXAS
(BEAUMONT, TX) United States Attorney John L. Ratcliffe announced today that a jury in the United States Federal Court in Beaumont, Texas, returned verdicts of guilty against a former Federal Bureau of Prisons corrections officer for receiving and agreeing to receive bribes from an inmate.
SHAMEECK ADUNDA FILLS, 31, of Port Arthur, a former Corrections Officer at the Federal Correctional Complex (FCC) in Beaumont, was convicted of two counts of receiving a bribe and agreeing to receive a bribe from an inmate at the Federal Correctional Complex. FILLS had been previously indicted by a Federal Grand Jury on September 6th, 2007. She faces a maximum punishment of up to fifteen years in prison, a $250,000.00 fine and three years of supervised release on each count of conviction.
According to information presented in court, FILLS accepted a bribe, and agreed to accept another bribe, in exchange for providing the inmate with tobacco, a prohibited item in prison. FILLS was employed as a Correctional Officer at the prison in 2006 when she accepted an $800.00 bribe and agreed to accept another bribe of $2000.00 in exchange for providing the inmate with tobacco.
The case was investigated by the Office of Inspector General, Department of Justice, and the Bureau of Prisons. The case is being prosecuted by Assistant United States Attorneys John Craft and David Henderson. A sentencing date has not been scheduled.
FORMER NURSING HOME EXECUTIVE/LAWYER PLEADS GUILTY TO CONSPIRACY AND TAX EVASION CHARGES
FORT WORTH, Texas — Gary R. Trebert, 57, pled guilty this morning before U.S. Magistrate Judge Charles Bleil to two counts of an indictment that charged him with various offenses related to his operation of nursing homes in Texas and elsewhere, announced U.S. Attorney Richard B. Roper of the Northern District of Texas. Co-defendant Larry Gordon May pled guilty to his role in the conspiracy in October 2007 and is scheduled to be sentenced on April 28, 2008. Co-defendant Stephen Michael Ewing, a/k/a “Stephen Michaels,” is scheduled to go on trial March 3, 2008.
Trebert pled guilty to conspiracy to defraud the government by obstructing and impeding lawful government functions of the Internal Revenue Service (IRS) and the Department of Health and Human Services (HHS) and tax evasion and aiding and abetting. He faces a maximum statutory sentence of 10 years in prison, a $500,000 fine and restitution that will be determined by the Court based on all of his criminal conduct relating to the offenses charged in the indictment, including, but not limited to, unpaid taxes and unlawfully obtained healthcare payments. The government will, however, as per the plea agreement, make a non-binding recommendation that the Court sentence Trebert to a term of eight years in the custody of the Bureau of Prisons. Trebert is scheduled to be sentenced by U.S. District Judge Terry R. Means on July 14, 2008.
U.S. Attorney Roper said, “This case is the one of the largest payroll tax fraud cases ever prosecuted in the U.S. Mr. Trebert admitted evading more than thirty four million dollars in payroll taxes - this is nothing short of egregious. Nursing homes should be safe havens for the elderly and vulnerable, not vehicles for criminals to commit fraud.”
“Any time false statements and documents are used to obtain control of healthcare entities, especially as in this case nursing homes, the nation's health insurance programs suffer, and our most vulnerable citizens are imperiled," said Special Agent in Charge Mike Fields of the HHS Office of the Inspector General's (OIG) Dallas Regional Office. “Our HHS OIG investigators will continue to work closely with our law enforcement partners to identify providers who deliberately manipulate the system to obtain crucial Medicare or Medicaid dollars.”
“Evading employment taxes can have serious consequences for employers and their employees. Today’s guilty plea demonstrates that those who willfully attempt to undermine our tax system by playing fast and loose with the rules will be held accountable, regardless of how complicated a scheme they devise,” said Erick Martinez, IRS Special Agent in Charge for the Dallas Field Office.
Robert E. Casey Jr., Special Agent in Charge, Dallas FBI stated, “Health Care Fraud remains a top investigative priority for the FBI. This conviction is an excellent example of how the FBI, partnering with other law enforcement agencies, will aggressively investigate and bring to justice those who abuse the system which is relied upon by every American, and in this case, those who are most at risk, our nation’s elderly.”
“The funds allotted to the Medicaid program are supposed to provide health care to needy Texans, not support a fraudulent tax evasion scheme," Texas Attorney General Greg Abbott said. “This wasteful scam has been shut down thanks to an outstanding joint effort by state and federal agencies. We look forward to continuing joint state-federal efforts to root out waste, fraud, and abuse in the Medicaid system.”
“People that use for their own financial benefit the elderly and their systems of care take advantage of one of the most vulnerable sections of society,” said Fort Worth Division Inspector in Charge Randall C. Till. “The U.S. Postal Inspection Service is committed to protecting American consumers from financial predators such as Gary Trebert by enforcing to its maximum effect the Mail Fraud statute, the nation's oldest consumer protection law.”
Trebert admitted that beginning in August 1999 and continuing though mid-May 2004, he, Stephen Michael Ewing and Larry May conspired together, and with others, to defraud the U.S. by impeding, impairing, obstructing, and defeating the lawful government functions of the IRS in the ascertainment, computation, assessment, and collection of the revenue, that is, nursing facility employees’ withheld income taxes, social security taxes and medicare taxes, and HHS in the administration of the Social Security Act and the Medicare and Medicaid programs.
As part of the conspiracy, Trebert and his coconspirators, using the names of sham corporate entities, obtained control of 70 licensed nursing facilities with thousands of patient beds and thousands of employees. In order to acquire control of these facilities, Trebert, Ewing and May used false statements and false and fraudulent documents including Applications for Nursing Facility License and Medicaid Contracts, Medicare Federal Provider Enrollment applications, ownership documents, IRS Employer Identification Number applications, Health Insurance Benefit Agreements, and Electronic Fund Transfer forms. Their falsifications included falsely identifying relatives as owners, operators, and managers of the nursing homes on the applications; failing to disclose staffing/payroll companies on nursing home applications; failing to disclose Ewing and May as the true owner/operators of nursing homes; and forging names of individuals on filed documents to divert responsibility away from the three defendants. Trebert and his coconspirators used the false statements and documents to hide from HHS, state licensing and Medicaid agencies, and the IRS, the true control and management of the nursing facilities, their responsibility for more than $200 million in money derived from the nursing homes, and their responsibility for the nursing facilities’ residents.
More than 150 sham staffing/payroll entities, many with foreign business addresses at drop boxes in England and Austria, were created to file Form 941 employer withholding tax returns with the IRS, preventing the IRS from assessing and attempting to collect more than $34 million of unpaid payroll tax liabilities from Trebert, Ewing and May, and creating the appearance that these sham staffing/payroll entities employed more than 4500 nursing facility employees, when they did not. From time to time Trebert caused his coconspirator to fly to London in order to mail to the IRS the sham payroll/staffing companies’ false withholding tax returns.
Trebert admitted that he and his coconspirators diverted to themselves and their personal activities substantial sums of money derived from their nursing home operations and from the non-payment of employees’ withheld payroll taxes. Trebert also admitted that in April 2004, he attempted to evade and defeat the assessment and payment of more than $4,113,000 in withholding taxes taken out of employees’ pay at 42 nursing homes he and his coconspirators controlled.
U.S. Attorney Roper praised the investigative efforts by federal and state agencies including, Internal Revenue Service - Criminal Investigation, U.S. Department of Health and Human Services Office of Inspector General, Federal Bureau of Investigation, U.S. Postal Inspection Service, Texas Office of the Attorney General - Medicaid Fraud Control Unit, and state agencies from Kansas, Iowa, Oklahoma and Virginia. The case is being prosecuted by Assistant U.S. Attorneys Ron Eddins and Alan Buie.
FEDERAL INMATE GETS LIFE IN PRISON FOR MURDER OF FELLOW PRISONER IN BEAUMONT
(BEAUMONT, TX) - United States Attorney John L. Ratcliffe announced today that a 34-year old federal inmate has been sentenced to life in prison for the murder of a fellow prisoner at the United States Penitentiary in Beaumont (USP-Beaumont).
ELLIS JOSEPH MOSHER was sentenced today by United States District Judge Thad Heartfield. The sentencing hearing comes over two weeks after Mosher was convicted of capital murder following an eight day trial. Jurors deliberated less than an hour before finding Mosher guilty on February 7, 2008.
According to information presented in court, on September 10, 1998, Bureau of Prison officials working in the USP-Beaumont, witnessed Mosher chase 46-year-old Stanley Moseley and stab him multiple times with a hand-made weapon, or shank. Moseley was in prison for bank robbery at the time of his death. Mosher had been convicted of kidnapping and firearms violations.
The case was investigated by the Federal Bureau of Prisons and the Federal Bureau of Investigation and prosecuted by Assistant United States Attorneys Joseph R. Batte and J. Malcolm Bales.
TWO GUILTY OF IMPORTING DEER INTO TEXAS
SHERMAN, TX – United States Attorney John L. Ratcliffe announced today that two men have pleaded guilty to illegally importing wildlife into in the Eastern District of Texas.
ROBERT LAWRENCE EICHENOUR, 51, of Bedias, Texas and BRIAN BECKER, 37, of Madelia, Minnesota, pleaded guilty to the charges today before United States Magistrate Judge Don D. Bush.
According to information presented in court, Eichenour and Becker arranged for the secret purchase and sale of whitetail deer, after which they were transported in interstate commerce into Texas and to the Circle E Ranch, owned by Eichenour. The importation and the possession of deer acquired from an out-of-state source are prohibited by both state and federal law because of the risk of disease transmission.
The defendants each face up to 5 years in federal prison and a fine of up to $20,000.00 at sentencing. A sentencing date has not been set.
This case is being investigated by the U.S. Fish and Wildlife Service and prosecuted by Assistant United States Attorney Shamoil Shipchandler.
HUGHES SPRINGS MAN GUILTY OF EMBEZZLING UNION FUNDS
TYLER, TX – United States Attorney John L. Ratcliffe announced today that a 38-year-old Hughes Springs, Texas man has pleaded guilty to embezzling over $40,000.00 of labor union assets in the Eastern District of Texas.
KYLE BATTS pleaded guilty to embezzlement and theft of labor union assets today before United States Magistrate Judge Judith K. Guthrie.
According to information presented in court, beginning around April 2003 through August 2006, Batts was the financial secretary-treasurer of the International Brotherhood of Electrical Workers AFL-CIO Local Union 738 in Longview. During that time, Batts admitted that he embezzled and stole $40,580.83 by using a union credit card to buy personal goods and services for himself.
Batts faces up to 5 years in federal prison and a fine of up to $250,000.00 at sentencing. A sentencing date has not been set. Batts has also agreed to make full restitution.
This case is being investigated by the U.S. Department of Labor and prosecuted by Assistant United States Attorney Jim Middleton.