Category: Justice

  • MIL-OSI Security: Tennessee Business Owner Convicted of $35M Fraud Scheme

    Source: United States Attorneys General 7

    A federal jury convicted a Tennessee business owner yesterday for fraudulently billing federal health care programs approximately $35 million for medically unnecessary injections, which were administered over the course of approximately eight years to a population of opioid-dependent patients.

    According to court documents and evidence presented at trial, Michael Kestner, 72, of Nashville, at various times owned, operated, and managed pain clinics in Tennessee, North Carolina, and Virginia, which were ultimately branded under the name Pain MD. The trial evidence proved that Kestner, who is not a physician, pressured nurse practitioners and physician assistants employed by clinics in the Pain MD network to provide multiple back injections to many, if not most, patients who came to Pain MD seeking opioid treatment. Witnesses testified that patients who refused to accept regular injections risked being turned away from Pain MD and suffering withdrawals from their opioid medication.

    The evidence further demonstrated that the injections were uniformly billed as Tendon Origin Insertion injections (TOIs), even though almost none of these patients were diagnosed with pain in their tendons, and in many cases, it would have been medically impossible to administer TOIs with the equipment available to the practitioners. Nevertheless, Kestner relentlessly pressured the providers at his clinics to administer and bill for injections.

    The evidence also demonstrated that, to keep billings up, Kestner sent regular emails ranking the practitioners’ “production” against one another, criticizing providers for “below average” performance, and otherwise making providers feel they would lose their jobs or let down their clinic staff if they did not perform an increasing number of injections. He ignored repeated notices — including a lawsuit — from insurance companies alerting him that his clinics were billing these injections improperly. Through these practices, Pain MD became Medicare’s single highest biller of TOI procedures in the country, outranking the next highest biller by approximately eightfold.

    The jury convicted Kestner of one count of conspiracy to commit health care fraud and 12 counts of health care fraud. He is scheduled to be sentenced on Feb. 27, 2025, and faces a maximum penalty of 10 years in prison for each count. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

    Principal Deputy Assistant Attorney General Nicole M. Argentieri, head of the Justice Department’s Criminal Division; Special Agent in Charge Kelly J. Blackmon of the Department of Health and Human Services Office of Inspector General (HHS-OIG); Special Agent in Charge Darrin K. Jones of the Defense Criminal Investigative Service (DCIS) Southeast Field Office, Department of Defense Office of Inspector General; Special Agent in Charge Kim R. Lampkins of the Department of Veteran Affairs Office of Inspector General (VA-OIG) Mid-Atlantic Field Office; and Director David Rausch of the Tennessee Bureau of Investigation (TBI) made the announcement.

    HHS-OIG, DCIS, VA-OIG, and TBI are investigating the case.

    Assistant Chief James V. Hayes and Trial Attorney Victor Yanz, with the assistance of Assistant Chief Kate Payerle, all of the Criminal Division’s Fraud Section, are prosecuting the case.

    The Fraud Section leads the Criminal Division’s efforts to combat health care fraud through the Health Care Fraud Strike Force Program. Since March 2007, this program, currently comprised of nine strike forces operating in 27 federal districts, has charged more than 5,400 defendants who collectively have billed federal health care programs and private insurers more than $27 billion. In addition, the Centers for Medicare & Medicaid Services, working in conjunction with HHS-OIG, are taking steps to hold providers accountable for their involvement in health care fraud schemes. More information can be found at www.justice.gov/criminal-fraud/health-care-fraud-unit. 

    MIL Security OSI

  • MIL-OSI USA: Schumer, Gillibrand Announce Nearly $12 Million For Ogdensburg Bridge & Port Authority For Freight Rail Modernization In North Country

    US Senate News:

    Source: United States Senator for New York Kirsten Gillibrand

    Senators Explain Project Will Greenlight Major Rail Modernization And Upgrade 14+ Miles Of Track In St. Lawrence County, Improving Safety, Efficiency, Resilience & Competitiveness Of Ogdensburg Area Railroad Built In The Early 1900s

    Funding Comes From Consolidated Rail Infrastructure And Safey Improvements Program That Senators Fought To Boost Funding For In Bipartisan Infrastructure & Jobs Law

    Schumer, Gillibrand: This Fed $$ Puts Ogdensburg On Track For A Safer & More Efficient Future!

    U.S. Senate Majority Leader Charles E. Schumer and U.S. Senator Kirsten Gillibrand announced $11,709,995 to greenlight a major modernization project at the Ogdensburg Bridge and Port Authority (OBPA) which will upgrade over 14 miles of rail, stretching across St. Lawrence County communities from Lisbon to Norwood, equipping the railroad to handle modern, industry standard 286,000-pound freight cars, improving rail safety and reliability, bolstering North Country commerce and good-paying jobs, and much more. The federal funding comes from the U.S. Department of Transportation’s Consolidated Rail Infrastructure and Safety Improvements (CRISI) Program.

    “The feds just greenlit major modernizations for freight rail by the Ogdensburg Bridge and Port Authority. Many of the rail tracks in the Ogdensburg area are decades old and in need of major upgrades. I am proud to deliver this nearly $12 million fed investment that will help the port do more business by allowing them to more goods quickly and efficiently,” said Senator Schumer. “New modern rail infrastructure will allow for more commerce to flow in the North Country. The Bipartisan Infrastructure & Jobs Law continues to deliver for the North Country, and I am thrilled that the program is bringing major investment back here to St. Lawrence County.”

    “This funding will make rail across the North Country safer, more reliable, and more efficient,” said Senator Gillibrand. “I’m proud to have fought to pass the Bipartisan Infrastructure Law to provide the funding for this project and many more across New York State and will continue fighting to improve our state’s roads, bridges, and railways.”

    “The Ogdensburg Bridge and Port Authority is very pleased to receive substantial funding through the Federal Railroad Administration’s CRISI program. This funding will provide for much needed capacity improvements to the New York and Ogdensburg Railway that services, the Port of Ogdensburg and the North Country economy. These improvements will greatly increase the railroad’s competitive advantage in attracting commerce to our region. On behalf of the OBPA and North Country community we serve, I would like to extend our sincere appreciation to Majority Leader Schumer and Senator Gillibrand for their unwavering support and commitment to growth at the OBPA,” said Steve Lawrence, Executive Director, Ogdensburg Bridge and Port Authority. 

    According to Schumer, this longstanding North Country transportation priority will modernize over 14 miles of OBPA track operated by the New York & Ogdensburg Railway nearing the end of its useful life, stretching across the Town of Lisbon, Town of Madrid, Town of Potsdam, and Village of Norwood. Schumer explained that, currently, this stretch of OBPA rail is only equipped to handle legacy 263,000-pound rail carts, severely limiting its utility, capacity, efficiency and more. Now, thanks to this boost of federal funding, the OBPA will be able to proceed with long-sought upgrades equipping the railroad to handle a larger fleet of modern, industry-standard rail cars. 

    The Bipartisan Infrastructure & Jobs Law included $5 billion over five years for the CRISI program. The program invests in various projects within the United States to improve railroad safety, efficiency, and reliability; mitigate congestion at both intercity passenger and freight rail chokepoints to support more efficient travel and goods movement; enhance multi-modal connections; and lead to new or substantially improved Intercity Passenger Rail Transportation corridors.

    Schumer and Gillibrand have long fought to support various projects for the Ogdensburg Bridge and Port Authority. Last month, Schumer announced that the U.S. Department of Transportation named Breeze Airways as Ogdensburg International Airport’s new Essential Air Service carrier. Over the last two years, Senators Schumer and Gillibrand secured awards of $2,100,000 and $1,000,000 for the OBPA’s new 15,000 square foot childcare center. In 2016, Senators Schumer and Gillibrand secured over $11,000,000 to the Ogdensburg International Airport from the Federal Aviation Administration’s Airport Improvement Program (AIP) for their airport expansion project.

    MIL OSI USA News

  • MIL-OSI USA: Tillis, Colleagues Call Out DOJ for Failing to Investigate and Prosecute Illegal Immigrants Registering to Vote

    US Senate News:

    Source: United States Senator for North Carolina Thom Tillis

    WASHINGTON, D.C. – Senator Thom Tillis and his colleagues recently sent a letter to U.S. Attorney General Merrick Garland on the Department of Justice’s (DOJ) demanding answers about the DOJ’s apparent failure to investigate and prosecute cases of illegal immigrants registering to vote in American elections despite state-level evidence of illegal immigrants unlawfully registering to vote. 

    “We are deeply concerned by reports of non-citizens registering to vote and voting in federal elections. As of today, there has been no response from you or your Department regarding the inquiry on July 12, 2024, seeking information on efforts undertaken by your Department to enforce laws prohibiting non-citizen voting,” the senators wrote.

    “Since the initial letter, several more concerning reports have been released by state officials indicating that a large number of non-citizens appear on their voter rolls. For example, the Virginia Attorney General recently announced that 6,303 non-citizens were identified on and removed from Virginia’s voter rolls in 2022 and 2023. In another troubling report released in August, over 6,500 non-citizens registered to vote in Texas were identified and removed from voter rolls. Of the 6,500 non-citizens identified, 1,930 had a voter history,”the senators continued.

    “Clearly, there is a non-negligible amount of voter participation by non-citizens in federal elections, which is not only a serious threat to the integrity of our elections and the democratic process they represent, but also has the potential to reduce Americans’ trust and confidence in election results. Accordingly, we respectfully reiterate the July 12 request for information on your Department’s enforcement efforts,” the senators concluded.

    Full text of the letter is available HERE

    MIL OSI USA News

  • MIL-OSI Security: Missoula man admits embezzling approximately $390,000 from credit union, swapping real money for fake currency

    Source: Office of United States Attorneys

    MISSOULA — A former Missoula credit union employee accused of embezzling approximately $390,000 from the vault and swapping the real money with fake funds admitted to a theft charge today, U.S. Attorney Jesse Laslovich said.

    The defendant, Edward Arthur Nurse, 35, of Missoula, pleaded guilty to an indictment charging him with theft from credit union. Nurse faces a maximum of 30 years in prison, a $1 million fine and five years of supervised release.

    U.S. District Judge Donald W. Molloy presided. The court will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors. Sentencing was set for Feb. 25, 2025. Nurse was released pending further proceedings.

    In court documents, the government alleged that from about July 2023 to June 2024, Nurse embezzled from his employer, Park Side Credit Union in Missoula. In June 2024, an employee discovered $340,000 in cash in the credit union’s vault had been replaced with fake funds from a company that provides fake currency as props for movies and entertainment productions. Nurse was identified as a potential suspect because his primary role was managing and balancing money in the vault. In the previous seven months, financial records showed cash deposits totaling $117,751, with each deposit for more than $10,000, into Nurse’s bank account. In addition, financial information from a local casino reflected that from March 2024 to May 2024, Nurse put more than $56,000 in cash into the business and cashed out slightly more than $8,000.

    After the credit union discovered the thefts, Nurse claimed to an FBI special agent that he did not usually carry much cash and, aside from a vacation to Las Vegas, Nevada, he had not made any recent large purchases or cash deposits. The investigation determined that during the first six months of 2024, Nurse had purchased $410,000 in fake currency from a prop money company and had the money delivered to a post office box in Nurse’s name. The credit union was later informed that approximately $50,000 in fake money had been received by the Federal Reserve in July 2024. Those funds were returned and determined to be fake bills from the prop money company.

    The U.S. Attorney’s Office is prosecuting the case. The FBI with assistance from the Missoula Police Department, conducted the investigation.

    XXX

    MIL Security OSI

  • MIL-OSI USA: Justice Department Files Statement of Interest in Challenge to the Constitutionality of Solitary Confinement of Children in Juvenile Justice Settings

    Source: US State of California

    The Justice Department filed a statement of interest yesterday in a lawsuit brought in the U.S. District Court for the Central District of Illinois alleging that conditions in a juvenile detention facility violate the Constitution. The statement explains that the 14th Amendment protects children from illegitimate or excessive use of isolation in juvenile justice and adult correctional settings. It further explains how placing children in isolation seriously harms them, and how a lack of access to essential services while in isolation exacerbates that harm.

    “The federal government recognizes that children are developmentally and constitutionally different than adults and that excessive isolation causes children unique and significant harm,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “Harmful conditions of confinement, including isolation, undermine the very purpose of the juvenile justice system, which is to provide children with rehabilitative treatment so they may return to their communities as productive, law-abiding citizens. State and local institutions must ensure that children in institutions are safe from harmful conditions that violate their constitutional rights and undermine that purpose. We are committed to enforcing this obligation.”

    Plaintiffs in J.B.H. v. Knox County allege that the Mary Davis Detention Home (MDH) in Knox County, Illinois, routinely subjects children, including children with mental health conditions and histories of trauma, to prolonged periods of harmful isolation in violation of the Constitution. While in isolation, MDH allegedly deprives children of basic needs, such as education, mental health services, sleep and human contact, exacerbating the harm that children suffer.

    Over the past year, the Justice Department secured a settlement agreement with Connecticut to address unconstitutional conditions for children in the Manson Youth Institution, issued a findings report regarding conditions at five post-adjudication facilities for children in Texas and opened an investigation of conditions at nine juvenile justice facilities in Kentucky. Additional information about the Civil Rights Division’s work protecting children’s rights in the juvenile justice system is available at www.justice.gov/crt/rights-juveniles.

    For more information on the Civil Rights Division and the Special Litigation Section, please visit www.justice.gov/crt/special-litigation-section. Complaints about unlawful confinement practices may be reported to the Civil Rights Division through its internet reporting portal at civilrights.justice.gov.

    MIL OSI USA News

  • MIL-OSI USA: Georgia Woman Sentenced to 12 Years in Prison for $30M COVID-19 Unemployment Fraud Scheme and Firearms Charge

    Source: US State of California

    A Georgia woman was sentenced yesterday for her role in a scheme to defraud the Georgia Department of Labor (GaDOL) out of tens of millions of dollars in benefits meant to assist unemployed individuals during the COVID-19 pandemic.

    Tyshion Nautese Hicks, 32, of Vienna, was sentenced to 12 years in prison, three years of supervised release, and ordered to pay restitution in an amount to be determined at a later date. Hicks’ total sentence includes a penalty of three consecutive years in prison, imposed yesterday in relation to a separate charge of illegal possession of a machine gun prosecuted by the U.S. Attorney’s Office for the Middle District of Georgia.

    According to court documents and evidence presented in court, from March 2020 through November 2022, Hicks and her co-conspirators caused more than 5,000 fraudulent unemployment insurance (UI) claims to be filed with the GaDOL, resulting in at least $30 million in stolen benefits.

    “In one of the largest COVID fraud schemes ever prosecuted, the defendant and her coconspirators filed more than 5,000 fraudulent COVID unemployment insurance claims using stolen identities and unlawfully obtained more than $30 million in benefits,” said Principal Deputy Assistant Attorney General Nicole M. Argentieri, head of the Justice Department’s Criminal Division. “In doing so, the defendant and her co-conspirators exploited a program designed to alleviate pandemic-related economic hardship to enrich themselves at the expense of federal taxpayers. Yesterday’s sentence underscores the department’s commitment to investigating and prosecuting those who steal from the public fisc.”

    To execute the scheme, Hicks and others created fictitious employers and fabricated lists of purported employees using personally identifiable information (PII) from thousands of identity theft victims and filed fraudulent unemployment insurance claims on the GaDOL website. The co-conspirators obtained PII for use in the scheme from a variety of sources, including by paying an employee of an Atlanta-area health care and hospital network to unlawfully obtain patients’ PII from the hospital’s databases, and by purchasing PII from other sources over the internet. Using victims’ PII, Hicks and her co-conspirators caused the stolen UI funds to be disbursed via prepaid debit cards mailed to addresses of their choice, many of which were in and around Cordele and Vienna. Hicks additionally paid a local U.S. Postal Service (USPS) carrier to unlawfully divert mail containing debit cards loaded with over $512,000 in fraud proceeds to her and coached another co-conspirator on how to create her own fictitious employer account via Facebook Messenger.

    In February, Hicks pleaded guilty to one count of conspiracy to commit mail fraud and one count of aggravated identity theft. Seven of Hicks’ co-conspirators have previously pleaded guilty or been sentenced in the investigation.

    “Tyshion Nautese Hicks and her co-conspirators used the stolen PII of unwitting victims to file numerous fraudulent claims for UI benefits with the Georgia Department of Labor,” said Special Agent in Charge Mathew Broadhurst of the U.S. Department of Labor, Office of Inspector General (DOL-OIG) Southeast Regional Office. “We will continue to work with our federal and state law enforcement partners to safeguard UI benefit programs for those who need them.”

    “The sentence received by the defendant is the outcome of IRS Criminal Investigation’s commitment to investigating and prosecuting those who attempt to defraud various agencies by filing fraudulent claims using another person’s identifying information,” said Special Agent in Charge Demetrius Hardeman of the IRS Criminal Investigation (IRS-CI) Atlanta Field Office.

    “Postal Inspectors will continue to work with our law enforcement partners to hold individuals accountable for engaging in fraudulent schemes to manipulate the COVID-19 program for their own financial gain,” said Inspector in Charge Tommy D. Coke of the U.S. Postal Inspection Service (USPIS) Atlanta Division. “The sentencing should serve as a deterrence and shows that this type of behavior will not be tolerated.”

    “Yesterday’s sentencing underlines our commitment to holding those who exploit federal relief programs for personal gain accountable,” said Special Agent in Charge Jonathan Ulrich of the USPS Office of Inspector General (USPS-OIG). “As proven in this case, our criminal investigators along with our law enforcement partners will work together and diligently pursue anyone who attempts to exploit programs created to help legitimate people and businesses affected by the global pandemic.”

    “Hicks chose to commit fraud, further depleting limited funds designated to help individuals struggling to survive during the pandemic,” said Special Agent in Charge Frederick D. Houston of the U.S. Secret Service (USSS) Atlanta Field Office. “She and her co-conspirators also stole the personally identifiable information, caring only about self-enrichment, not the lives adversely affected. This case signifies our commitment to protect citizens and businesses from fraud and identity theft. We will continue to work with our local, state, and federal law enforcement partners to prosecute those who abuse these programs.”

    “Homeland Security Investigations will aggressively pursue those who exploit unemployment benefits meant for those in need, ensuring that justice is served, and resources are preserved for legitimate claimants,” said Acting Special Agent in Charge Steven N. Schrank of the Homeland Security Investigations (HSI) Atlanta Office.

    “Yesterday’s sentencing sends a clear message that those committing fraud will be held accountable,” said Inspector General Joseph V. Cuffari of the Department of Homeland Security Office of Inspector General (DHS-OIG). “DHS-OIG and our law enforcement partners will continue to prioritize protecting our country from these kinds of schemes.”

    DOL-OIG, IRS-CI, USPS-OIG, USPIS, USSS, HSI, and DHS-OIG investigated the case.

    Trial Attorneys Lyndie Freeman, Siji Moore, Matthew Kahn, and Andrew Jaco of the Criminal Division’s Fraud Section prosecuted the fraud case.

    On May 17, 2021, Attorney General Merrick B. Garland established the COVID-19 Fraud Enforcement Task Force to marshal the resources of the Justice Department in partnership with agencies across government to enhance efforts to combat and prevent pandemic-related fraud. The Task Force bolsters efforts to investigate and prosecute the most culpable domestic and international criminal actors and assists agencies tasked with administering relief programs to prevent fraud by, augmenting and incorporating existing coordination mechanisms, identifying resources and techniques to uncover fraudulent actors and their schemes, and sharing and harnessing information and insights gained from prior enforcement efforts. For more information on the department’s response to the pandemic, please visit www.justice.gov/coronavirus.

    Anyone with information about allegations of attempted fraud involving COVID-19 can report it by calling the Justice Department’s National Center for Disaster Fraud (NCDF) Hotline via the NCDF Web Complaint Form at www.justice.gov/disaster-fraud/ncdf-disaster-complaint-form. 

    MIL OSI USA News

  • MIL-OSI USA: Illinois Business Owner Indicted for Tax Crimes

    Source: US State of California

    A federal grand jury in Chicago returned an indictment yesterday charging an Illinois business owner for not paying employment taxes, not filing business tax returns, wire fraud and making false statements on a loan application.

    According to the indictment, Steven Cordell, of Chicago, was the owner and operator of Starfish Transportation Inc., which provided transportation services to students in the Chicago area. He was allegedly responsible for withholding Social Security, Medicare and income taxes from his employees’ wages and paying those funds over to the IRS each quarter. For certain quarters from 2018 through 2024, Cordell allegedly withheld taxes from employees’ wages, as required, but did not pay over the full amount withheld to the IRS.

    The indictment further alleges that Cordell submitted on his business’s behalf false applications to the Paycheck Protection Program (PPP) and the Coronavirus Economic Relief for Transportation Services (CERTS) program, two programs created to provide financial assistance to Americans suffering economic harm because of the COVID-19 pandemic. In both, he allegedly submitted unfiled tax returns and provided false financial data. In addition, Cordell allegedly did not disclose that Starfish Transportation had received a PPP loan on the CERTS grant application, as required. The indictment alleges that Cordell received $247,822.51 in fraudulent PPP loans and $598,574.21 in fraudulent CERTS grants.

    Finally, the indictment alleges Cordell intentionally did not file corporate income tax returns for Starfish Transportation for 2019 through 2023.

    In total, Cordell is alleged to have caused a tax loss to the IRS of over $600,000.

    If convicted, Cordell faces a maximum penalty of 30 years in prison for filing a false loan application, a maximum penalty of 20 years in prison for wire fraud, a maximum penalty of five years in prison for not paying employment taxes and a maximum penalty of one year in prison for each charge of failure to file returns. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

    Acting Deputy Assistant Attorney General Stuart M. Goldberg of the Justice Department’s Tax Division made the announcement.

    IRS Criminal Investigation and the Small Business Administration’s Office of Inspector General are investigating the case.

    Trial Attorneys Regina Jeon and Thomas Flynn of the Tax Division are prosecuting the case.

    An indictment is merely an allegation. All defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.

    MIL OSI USA News

  • MIL-OSI USA: Tennessee Business Owner Convicted of $35M Fraud Scheme

    Source: US State of California

    A federal jury convicted a Tennessee business owner yesterday for fraudulently billing federal health care programs approximately $35 million for medically unnecessary injections, which were administered over the course of approximately eight years to a population of opioid-dependent patients.

    According to court documents and evidence presented at trial, Michael Kestner, 72, of Nashville, at various times owned, operated, and managed pain clinics in Tennessee, North Carolina, and Virginia, which were ultimately branded under the name Pain MD. The trial evidence proved that Kestner, who is not a physician, pressured nurse practitioners and physician assistants employed by clinics in the Pain MD network to provide multiple back injections to many, if not most, patients who came to Pain MD seeking opioid treatment. Witnesses testified that patients who refused to accept regular injections risked being turned away from Pain MD and suffering withdrawals from their opioid medication.

    The evidence further demonstrated that the injections were uniformly billed as Tendon Origin Insertion injections (TOIs), even though almost none of these patients were diagnosed with pain in their tendons, and in many cases, it would have been medically impossible to administer TOIs with the equipment available to the practitioners. Nevertheless, Kestner relentlessly pressured the providers at his clinics to administer and bill for injections.

    The evidence also demonstrated that, to keep billings up, Kestner sent regular emails ranking the practitioners’ “production” against one another, criticizing providers for “below average” performance, and otherwise making providers feel they would lose their jobs or let down their clinic staff if they did not perform an increasing number of injections. He ignored repeated notices — including a lawsuit — from insurance companies alerting him that his clinics were billing these injections improperly. Through these practices, Pain MD became Medicare’s single highest biller of TOI procedures in the country, outranking the next highest biller by approximately eightfold.

    The jury convicted Kestner of one count of conspiracy to commit health care fraud and 12 counts of health care fraud. He is scheduled to be sentenced on Feb. 27, 2025, and faces a maximum penalty of 10 years in prison for each count. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

    Principal Deputy Assistant Attorney General Nicole M. Argentieri, head of the Justice Department’s Criminal Division; Special Agent in Charge Kelly J. Blackmon of the Department of Health and Human Services Office of Inspector General (HHS-OIG); Special Agent in Charge Darrin K. Jones of the Defense Criminal Investigative Service (DCIS) Southeast Field Office, Department of Defense Office of Inspector General; Special Agent in Charge Kim R. Lampkins of the Department of Veteran Affairs Office of Inspector General (VA-OIG) Mid-Atlantic Field Office; and Director David Rausch of the Tennessee Bureau of Investigation (TBI) made the announcement.

    HHS-OIG, DCIS, VA-OIG, and TBI are investigating the case.

    Assistant Chief James V. Hayes and Trial Attorney Victor Yanz, with the assistance of Assistant Chief Kate Payerle, all of the Criminal Division’s Fraud Section, are prosecuting the case.

    The Fraud Section leads the Criminal Division’s efforts to combat health care fraud through the Health Care Fraud Strike Force Program. Since March 2007, this program, currently comprised of nine strike forces operating in 27 federal districts, has charged more than 5,400 defendants who collectively have billed federal health care programs and private insurers more than $27 billion. In addition, the Centers for Medicare & Medicaid Services, working in conjunction with HHS-OIG, are taking steps to hold providers accountable for their involvement in health care fraud schemes. More information can be found at www.justice.gov/criminal-fraud/health-care-fraud-unit. 

    MIL OSI USA News

  • MIL-OSI USA: Justice Department to Monitor Compliance with Federal Voting Rights Laws in Prince George’s County, Maryland

    Source: US State of California

    The Justice Department announced today that it will monitor compliance with federal voting rights laws in Prince George’s County, Maryland, during the early voting period and on Election Day.  

    The Justice Department enforces the federal voting rights laws that protect the rights of all citizens to access the ballot. The department regularly deploys its staff to monitor for compliance with federal civil rights laws in elections in communities all across the country. In addition, the department also deploys federal observers from the Office of Personnel Management, where authorized by federal court order.

    The Civil Rights Division’s Voting Section, working with U.S. Attorneys’ Offices, enforces the civil provisions of federal statutes that protect the right to vote, including the Voting Rights Act, National Voter Registration Act, Help America Vote Act, Civil Rights Act and Uniformed and Overseas Citizens Absentee Voting Act. Pursuant to the Voting Rights Act, Prince George’s County must provide voting materials and assistance in both English and Spanish.

    Complaints about any possible violations of federal voting rights laws can be submitted through the Civil Rights Division’s internet reporting portal at www.civilrights.justice.gov or by telephone at 1-800-253-3931. More information about voting and elections, including guidance documents for language minority voters and other resources, is available at www.justice.gov/voting. Learn more about the Voting Rights Act and other federal voting laws at www.justice.gov/crt/voting-section.

    MIL OSI USA News

  • MIL-OSI USA: Foreign National Convicted of Conspiring to Export US-Made Drill Rigs to Iran in Violation of US Sanctions Laws

    Source: US State of California

    A federal jury convicted Brian Assi, also known as Brahim Assi, yesterday of conspiring to violate the International Emergency Economic Powers Act (IEEPA) and the Iranian Transactions and Sanctions Regulations (ITSR), attempted unlawful export of goods from the United States to Iran without a license, attempted smuggling goods from the United States, submitting false or misleading export information, and conspiracy to commit money laundering.

    “The defendant schemed to unlawfully export U.S.-origin mining drills to Iran, while deceiving his employer into believing that they were being sent to Iraq,” said Assistant Attorney General Matthew G. Olsen of the Justice Department’s National Security Division. “This conviction affirms the Justice Department’s resolve to disrupt and hold accountable those who evade our sanctions against Iran, wherever in the world they may be.”

    “As this verdict makes clear, no matter how hard you try to obfuscate your scheme to send restricted U.S. items to Iran, we will work tirelessly to bring your conduct to light and ensure you face justice,” said Assistant Secretary for Export Enforcement Matthew S. Axelrod of the Department of Commerce, Bureau of Industry and Security (BIS). “We take action whenever we uncover attempts to evade our sanctions, especially when those efforts are designed to support adversaries like Iran.”

    “Efforts to conceal impermissible transactions and circumvent imposed sanctions represent a threat to both the United States economic and national security interests,” said U.S. Attorney Jason R. Coody for the Northern District of Florida. “Today’s verdict demonstrates our collective resolve to hold those who violate regulatory restrictions accountable for their criminal conduct.”

    According to evidence presented at trial, Assi was a Middle East-based salesman of a multinational heavy machinery manufacturer with a U.S.-based subsidiary and production plant located in northern Florida. Assi conspired with individuals affiliated with Sakht Abzar Pars Co. (SAP-Iran), based in Tehran, Iran, to export U.S.-made heavy machinery indirectly to Iran without first obtaining the required licenses from the Office of Foreign Assets Control (OFAC).

    Assi and his Iranian co-conspirators orchestrated the scheme by locating an Iraq-based distributor to serve as the forward-facing purchaser of two U.S.-origin blasthole drills from the U.S. subsidiary of Assi’s employer. The drills are a type of heavy machinery used to create holes in the ground that are then filled with controlled explosives for mining.

    Assi facilitated the sale of the drills and attempted to export them to Iran and used freight forwarding companies to ship the heavy equipment from the U.S. to Turkey. In doing so, Assi concealed any Iranian involvement in the transaction from his employer, claiming the drills were ultimately destined for use in Iraq. But in truth, Assi intended for his Iranian co-conspirators to transship or reexport those items from Turkey to Iran, in circumvention of U.S. export control and sanctions laws.

    In furtherance of the conspiracy, Assi concealed his activities with his Iranian co-conspirators by causing false information to be entered into the Automated Export System (AES), a U.S.-government database containing information about exports from the United States. The U.S.-based plant hired a U.S. freight forwarder to arrange the drill’s export from the United States to Iraq. As part of the shipping process, the freight forwarder submitted information to AES about the shipment, including the ultimate consignee’s name and the ultimate delivery destination. Assi misled his employer by claiming that the Iraqi distributor was the ultimate consignee, and that the ultimate delivery destination was Iraq. In fact, Assi knew that his coconspirators in Iran were the true intended recipients, and Iran was the ultimate intended delivery destination.

    In furtherance of the illicit transaction, Assi and his coconspirators caused the transfer of approximately $2.7 million from Turkey to pass through the United States.

    Sentencing for Brian Assi is scheduled for Jan. 7, 2025.

    The BIS is investigating the case.

    Assistant U.S. Attorneys Andrew J. Grogan and Harley W. Ferguson for the Northern District of Florida and Trial Attorney Ahmed Almudallal of the National Security Division’s Counterintelligence and Export Control Section are prosecuting the case.

    MIL OSI USA News

  • MIL-OSI Security: Former Delaware Resident Charged with Possession of Child Sexual Abuse Material

    Source: Federal Bureau of Investigation (FBI) State Crime Alerts (b)

    Wilmington, Del. – Alfred E. Daking, Jr., an 81-year-old former Delaware resident currently serving a federal prison sentence in an unrelated case, was charged on October 22, 2024, with possession of child sexual abuse material (“CSAM”), announced David C. Weiss, U.S. Attorney for the District of Delaware.   

    According to the indictment, on an unknown date, Daking buried material depicting minors engaged in sexually explicit conduct in his parents’ then backyard in New Castle County, Delaware.  Later, while serving a sentence in federal prison on an unrelated case, Daking told a fellow inmate that he had buried an ammunition can containing video footage in his parents’ backyard.  Daking also gave that inmate a hand-drawn map of the backyard depicting the location that the ammunition can was buried on the property.  Per the hand-drawn map, law enforcement searched and located an ammunition can buried underground.  Both the ammunition can, and its contents were wrapped in plastic. Inside the can, law enforcement found three videocassettes and an 8mm film containing CSAM. One of the videocassettes contained a latent fingerprint that matched Daking.

    U.S. Attorney Weiss stated, “For years the defendant hid evidence of his victimization of children.  Today’s indictment demonstrates the commitment of my office, and our law enforcement partners to protect our communities from predatory individuals like this defendant.  We will never stop working to uncover evidence of sexual exploitation and to bring the perpetrators of these heinous crimes to justice.”

    The FBI investigated this case, with the assistance of New Castle County Police Department.  Assistant U.S. Attorney Claudia L. Pare and Trial Attorney Angelica Carrasco of the Criminal Division’s Child Exploitation and Obscenity Section are assigned to prosecute this case.

    The U.S Attorney’s Office and the FBI are seeking to identify additional victims of Daking’s.  If you, your family member, or anyone that you know had contact with Daking and would like to provide additional information, please contact the FBI Baltimore Field Office at 410-265-8080.

    A copy of this press release is located on the website of the U.S. Attorney’s Office for the District of Delaware.  Related court documents and information is located on the website of the District Court for the District of Delaware or on PACER.

    An indictment contains allegations that a defendant has committed a crime. Every defendant is presumed to be innocent until and unless proven guilty in court.

    MIL Security OSI

  • MIL-OSI USA: Governor Polis Appoints Jessica J. Waggoner as District Attorney for the 7th Judicial District

    Source: US State of Colorado

    DENVER – Today, Governor Polis appointed Jessica J. Waggoner as the District Attorney for the 7th Judicial District. This appointment is effective Friday, November 1, 2024, and fills a vacancy created by the resignation of District Attorney Seth Ryan. 

    Ms. Waggoner is currently an Assistant District Attorney in the 7th Judicial District Attorney’s Office where she has worked since 2008. Her practice consists of criminal prosecution. Previously, she was an Associate Attorney at Wilderson, O’Hayre, Dawson & Norris, P.C. (2005-2007) and Associate Attorney at Fleming & Kidney, LLC (2004-2005). She earned her B.A. from Western State College in 2000 and her J.D. from the University of Denver Sturm College of Law in 2002. 

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    MIL OSI USA News

  • MIL-OSI Security: IAEA Completes International Physical Protection Advisory Service Mission in the Republic of the Congo

    Source: International Atomic Energy Agency – IAEA

    An International Atomic Energy Agency (IAEA) team of experts completed today the first International Physical Protection Advisory Service (IPPAS) mission to the Republic of the Congo. The mission, conducted at the request of the Government of the Republic of the Congo, took place from 14 to 25 October 2024.  

    Hosted by the Nuclear Regulatory Cell of the Ministry of Justice, Human Rights and Promotion of Indigenous People of the Congo, the five-person mission team reviewed the security of radioactive material, associated facilities and activities in the country. The scope of the mission also included a review of the legislative and regulatory framework for the security of radioactive material.

    The Congo uses nuclear science and technology for peaceful purposes in various sectors, including industry, health, mining, education and environment.

    The IPPAS team peer reviewed the country’s implementation of the Convention on Physical Protection of Nuclear Material (CPPNM), which the Congo acceded to in 2021 and ratified its amendment in 2023, and of the Code of Conduct on the Safety and Security of Radioactive Sources.

    The IPPAS team, led by Frédéric Mariotte from France, included experts from Burkina Faso, Ghana, Jordan, as well as one IAEA staff member. The team held discussions with the Ministry of Justice, Human Rights and Promotion of Indigenous People, the Ministry of Interior, Decentralization and Local Development, the Ministry of Environment, the Ministry of Higher Education, Scientific Research and Technological Innovations, and the Ministry of Health and People.

    The team observed that the nuclear security regime in the Congo is in the early phase of establishment. The team provided recommendations and suggestions to support the Congo in developing, enhancing and sustaining nuclear security.

    Heather Looney, Head of the Nuclear Security of Materials and Facilities Section of the IAEA ‘s Division of Nuclear Security, said that the IPPAS mission to the Congo comes amid the national authorities’ efforts to develop and implement all necessary elements required to fulfill their responsibilities in the area of nuclear security. “We trust that the findings of the IPPAS mission will inform the country’s plans to enhance the national nuclear security regime.”

    “The Republic of Congo has welcomed the IPPAS Mission and believes that the recommendations made will help the country improve and enhance its nuclear security regime,” said M. Gaspard Liyoko Mboyo, President of the Nuclear Regulatory Cell. “We thank the IAEA for its continuous assistance to the Republic of Congo.”

    Background

    The mission was the 105th IPPAS mission conducted by the IAEA since the programme began in 1995.

    IPPAS missions are intended to assist States in strengthening their national nuclear security regime. The missions provide peer advice on implementing international instruments, along with IAEA guidance on the protection of nuclear and other radioactive material and associated facilities.

    During missions, a team of international experts observes a nation’s system of physical protection, compares it with international good practices and makes recommendations for improvement. IPPAS missions are conducted both on a nationwide and facility-specific basis.

    MIL Security OSI

  • MIL-OSI USA: Rosen, Cortez Masto Announce More Than $300,000 in Funding for Nevada to Help Law Enforcement Fight Drug Trafficking 

    US Senate News:

    Source: United States Senator Jacky Rosen (D-NV)

    LAS VEGAS, NV – U.S. Senators Jacky Rosen (D-NV) and Catherine Cortez Masto (D-NV) announced that Nevada will receive $340,000 in federal funding to help law enforcement crack down on illicit drug trafficking and address regional drug threats. The funding comes from the High Intensity Drug Trafficking Areas (HIDTA) Program, which coordinates and supports federal, state, local, Tribal, and territorial law enforcement agencies’ efforts to seize illicit drugs like fentanyl, prevent and reduce violent crime associated with drug trafficking, enhance data sharing, and dismantle money laundering organizations. Senators Rosen and Cortez Masto were both part of a bipartisan group of Senators who pushed for funding for the HIDTA Program last year.
    “Drug trafficking fuels Nevada’s fentanyl crisis and destroys families, which is why we need to ensure law enforcement has all the resources needed to crack down on the flow of illicit drugs in our state,” said Senator Rosen. “I’m proud to announce Nevada is receiving more than $300,000 in federal funding to help support our law enforcement’s important work in addressing drug trafficking in our state. I’ll always work across the aisle to ensure Nevada law enforcement has the resources it needs to keep our communities safe.”
    “Nevada’s HIDTA program and law enforcement officers work every day to keep Nevadans safe,” said Senator Cortez Masto. “This funding is an important step to make sure our state has the resources it needs to combat drug trafficking. I will continue working on both sides of the aisle in the Senate to support Nevada’s law enforcement and get dangerous drugs off our streets.”
    Senators Rosen and Cortez Masto have consistently worked across the aisle to support law enforcement and stop the flow of illicit drugs. Earlier this year, Senator Rosen signed a letter to Appropriators requesting HIDTA be funded at the highest level possible for Fiscal Year  2025. Both Senators announced more than $3.4 million for Nevada Law Enforcement to address the overdose epidemic and illicit drug trafficking. Senator Rosen’s bipartisan END FENTANYL Act was signed into law to help crack down on drug smuggling by requiring the Customs and Border Protection Commissioner to update its drug interdiction guidance to ensure it is up to date. Senators Rosen and Cortez Masto have also pushed for additional funding to secure the border and stop the flow of fentanyl.

    MIL OSI USA News

  • MIL-OSI USA: Senators Reverend Warnock, Ossoff Announce $22 Million in Federal Funding to Further Close Digital Divide Across Georgia

    US Senate News:

    Source: United States Senator Reverend Raphael Warnock – Georgia

    Senators Reverend Warnock, Ossoff Announce $22 Million in Federal Funding to Further Close Digital Divide Across Georgia

    Funding will help create programs for working Americans to access laptops and tablets, connecting millions of households to more economic and educational opportunities
    Provisions in Bipartisan Infrastructure Law were based on Senator Reverend Warnock’s Device Access for Every American Act 
    The new funding seeks to make it easier for working families to keep up with the shift to a 21st century digital economy, schooling, and more
    4.4 million households with students lack consistent access to a computer
    ICYMI from May 2024: Touting Continuing Benefits of Bipartisan Infrastructure Law, Senator Reverend Warnock, Commerce Secretary Raimondo Celebrate New Jobs at Norcross Manufacturing Facility
    Senator Reverend Warnock: “It is not enough to just put fiber cables in the ground. We need to make sure our communities have the devices, resources, training, and low costs that will allow Georgians participate and thrive in our increasingly digital economy”

    Washington, D.C. – Today, U.S. Senators Reverend Raphael Warnock (D-GA) and Jon Ossoff (D-GA) announced $22,455,639 in federal funding for Georgia to create digital literacy programs, expand community access to computers and tablets, lower costs to get connected, and more. These funds were based in part on provisions from Senator Warnock’s Device Access for Every American Act that he successfully included in the Bipartisan Infrastructure Law. Eligible uses include funding for digital literacy programs, partnerships with providers to improve internet affordability, and support for community anchor institutions like libraries, schools, community centers, and religious institutions to help connect, train, and educate communities in all aspects of digital connectivity and digital services. The grant will be distributed by the National Telecommunications and Information Administration (NTIA) to the state. This funding also allows Georgia to begin implementation of its digital equity plans.

    “I am proud to have secured provisions in the Bipartisan Infrastructure Law to make this federal funding possible and help close the digital divide for communities across Georgia–particularly in our rural and underserved communities that for too long have been left behind,” said Senator Reverend Warnock. “It is not enough to just put fiber cables in the ground. We need to make sure our communities have the devices, resources, training, and low costs that will allow Georgians participate and thrive in our increasingly digital economy, and this multi-million dollar grant will do just that by creating digital literacy programs, expanding community access to computers and tablets, lowering costs to get connected, and more.”

    “Our historic bipartisan infrastructure law continues to deliver for Georgia, including historic Federal funding Senator Warnock and I have delivered to surge broadband connectivity across our state. Today’s announcement is another major next step toward ensuring every Georgia family, business, and farm has high-speed Internet,” said Senator Ossoff. 

    The growing need for reliable Internet connectivity and access to connected devices was exacerbated during the Covid-19 pandemic, which forced millions of Americans to shift to digital platforms for school, work, and other daily activities. But the evolving 21st century economy and technological revolution is only continuing these trends. Having a reliable broadband connection is increasingly as necessary as having running water or reliable electricity. However, many households struggle to keep up due to the lack of access to connected devices and the cost of acquiring them. Nationwide, 40% of working adults do not own a desktop or laptop computer. Additionally, 4.4 million households with students lack consistent access to a computer, making it difficult for these students to participate in class and complete schoolwork.

    Senator Warnock has been a champion for strengthening broadband access for Georgians across the state. In May 2024, Senator Warnock hosted Commerce Secretary Gina Raimondo at Georgia-based OFS Fitel to uplift more $1 billion in Bipartisan Infrastructure Law funding coming to Georgia for broadband expansion to close the digital divide in communities across the state. Senator Warnock also led an effort urging the FCC to expand the E-Rate program, which would allow schools and libraries to provide Wi-Fi hotspots to students and educators. Additionally, in 2022 Senator Reverend Warnock hosted FCC Chair Rosenworcel in Jackson County to discuss the need for better broadband service in rural communities. Senator Warnock has also worked with Senator Luján to urge the FCC to prevent digital discrimination by facilitating equal access to broadband internet through its rulemaking process. Additionally, in a recent Senate Commerce committee hearing, Senator Warnock called out Congress’ inaction on funding the Affordable Connectivity Program and how a funding lapse would be detrimental to the more than 23 million Americans who depend on it, which includes 720,000 Georgians.

    MIL OSI USA News

  • MIL-OSI USA: Empire of pain: City of London Police foil £1m illegal pharma drug gang with two people jailed and over 1,000,000 pills seized

    Source: US Department of Health and Human Services – 3

    City of London Police

    FOR IMMEDIATE RELEASE
    Friday, October 25, 2024

    Three people have been sentenced today for their role in the large scale importation and distribution of unregulated pharmaceutical drugs into the UK from India where they were then repackaged and distributed internationally.

    The three defendants were found guilty during a 6 week trial and were sentenced today at Southwark Crown Court with the following:

    • Salman Ansari, 33, of Central Road, Wembley, was found guilty of 12 counts of possession with intent to supply drugs (Class A, B and C), one count of conspiracy to supply Class C and one count of money laundering. Salman Ansari received a six year sentence.
    • Waqas Saleem, 33, Sylvia Gardens, Wembley, was found guilty of 12 counts of possession with intent to supply drugs (classes A, B and C), one count of conspiracy to supply Class C and one count of money laundering. Waqas Saleem received a sentence of two and a half years.
    • Juhi Ansari, 32, of Central Road Wembley, was found guilty of one count of money laundering and received a suspended sentence but will be required to complete100 hours unpaid work and 25 days rehab.

    Over 730kg of drugs were seized during the operation. This included strong opioids such as tapentadol and tramadol, and benzodiazepines including zolpidem, zopiclone and nitrazepam. Both types of drugs are commonly misused for their sedation effect and can be fatal when combined. In total there were more than 1,000,000 tablets seized.

    In total, there were nine different drugs that were categorised as being Class C (zolpidem, zopiclone, nitrazepam, tramadol, etizolam, pregabalin, flubromazolam, bromazolam, alprazolam), one Class B (cannabis resin) and one Class A (tapentadol).

    Detective Constable Syed Shah, from the Serious Organised Crime Team, City of London Police said:

    “Today’s result is the culmination of numerous law enforcement agencies, working together from across the world, over a period of more than three years.

    “The illegal importation of drugs has a devastating impact on the public These drugs in particular are subject to an emerging trend of misuse due to their availability and affordability. Many of the drugs seized are unregulated products for the UK market, with the investigation team encountering counterfeited brands such as Xanax with flubromazolam where the pills dose and potency unknown. The withdrawal from drugs such as pregabalin can be more severe than opiate withdrawal and presents the user with a risk to life.

    “This investigation involved partnership working with colleagues from  UK Border Force, as well as crucial support overseas from US law enforcement, principally the Homeland Security Investigations (HSI), Customs and Border Patrol and the Food & Drug Administration (FDA). From everyone at City of London Police, we thank you all for your hard work.

    “To those individuals which have assisted or benefitted financially from this criminal enterprise, you all now become the focus of future investigations with law enforcement targeting you in the UK and overseas.”

    Special Agent Fernando McMillan, FDA Office of Criminal Investigations, New York Field Office said:

    “Selling and importing unapproved pharmaceutical drugs across international borders and into the United States puts the public health at risk. FDA is grateful for the partnership with the City of London and multiple law enforcement agencies to bring these criminals to justice.”

    “Maintaining vigilance and collaboration with our counterparts in the U.K. remains critical to safeguarding public health and safety, and we will continue to enhance international cooperation and enforcement strategies to combat the illegal shipment of regulated products.”

    Special Agent Michael J. Krol, Homeland Security Investigations (HSI), New England said:

    “This pharmaceutical smuggling ring was systematically disrupted and dismantled through the hard work of law enforcement on both sides of the Atlantic working together towards the same goal: a safe supply chain the public can trust. We live in a global society and crimes do not confine themselves to one country. We must work together to tackle transnational threats to ensure a safer world for all.”

    The investigation can be traced back to October 2020 where US Customs and Border seized numerous shipments sent from the UK found to contain illicit pharmaceutical drugs. A referral was then made to the City of London Police’s Serious Organised Crime Team (SOCT). By tracing the packages being sent from the UK, SOCT were able to identify Salman Ansari and Waqas Saleem being responsible for the shipment of the drugs and the location they were storing the drugs. Information sharing with US counterparts the Food and Drug Administration (FDA)  led to successful warrants being executed in June 2021 in Vermont, USA, where pharmaceutical drugs were found at a property.

    By tracing the packages being sent from UK airports to JFK, officers were able to identify drop-off locations of the drugs, as well as vehicles used by Salman Ansari and Waqas Saleem. This led City of London Police officers to a storage unit in Wembley.

    Following a focused and in-depth proactive investigation , Salman Ansari and Waqas Saleem were arrested in July 2021and both were arrested within the storage unit for conspiracy to supply controlled drugs and money laundering.

    Contained within the storage unit were a significant quantity of large cardboard boxes which contained thousands of blister packs of what purported to be pharmaceutical grade drugs. These included Tramadol, Zopiclone, Atizolam, Xanax, Nitrazepam, Zolpidem, Pregabalin as well as what was believed to be cannabis resin. A total of 175 exhibits were seized from the storage location.

    At the same time, SOCT officers attended the Ansari home address and arrested Salman’s wife Juhi Ansari for money laundering.

    Financial investigations revealed that Salman Ansari had over 11 bank accounts in his name, with a credit turnover of £1.09m, which vastly outweighed any declared or legitimate income expressed to HMRC. Between March 2018 and September 2021, over 158 transactions were made from Salman Ansari to his wife Juhi Ansari, totalling more than £265,0000 and during the same time frame Juhi Ansari sent over £147,000 to Salman Ansari. It was also established that Salman Ansari sent Waqas Saleem over £7,000 during April 2021 and July 2021.

    Additionally, various complex money laundering techniques were utilised, where funds from illicit sales were made in various cryptocurrencies such as Bitcoin and USD and transferred to individuals in India. Additionally, Salman sent funds to India approximating to $62,120 (around £46,458) and similarly, Juhi Ansari sent approximately $55,050 (around £41,194) also to India.

    All defendants put in a plea of not guilty, however during the 6 week trial extensive evidence was put to the jury which outlined the global drug network that Ansari and Saleem had orchestrated. The jury were unanimous in the their verdict of guilty on all counts for all three defendants.

    City of London Police advice to the general public

    Unregulated drugs can have a devastating impact on people’s wellbeing, as without thorough testing and regulation by registered drug distributors, they can have potentially fatal results.

    Never buy any drugs or pharmaceutical medicine on the black market or online, you could be putting yourself and others at risk of serious health complications.

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    MIL OSI USA News

  • MIL-OSI Security: Alaska — Concerned neighbour calls PEI RCMP regarding break-and-enter at private residence, Police Dog assaulted while tracking suspects

    Source: Royal Canadian Mounted Police

    PEI RCMP have arrested three people thanks to a 9-1-1 call from a concerned neighbour alerting police to a possible break and enter in progress.

    After receiving a 9-1-1 call regarding a possible break-and-enter in progress, West Prince RCMP attended a private residence in Alaska, PE. Flashlight beams had been seen moving around in the residence which was unoccupied. As Police arrived a 54-year-old Mont Carmel man, was quickly apprehended. Two other people involved in the incident had earlier fled on foot.

    RCMP Police Dog Services attended the scene, and after a short track, the dog located the two people – a 53-year-old man from St. Chrysostome, PE, and a 33-year-old woman from Cape Wolfe, PE. Based on their behaviours, the police dog team was deployed and both the man and woman were bitten by the dog. Through the course of her arrest the woman did assault the police dog. “Any time a police dog is deployed it is under the control of its handler,” says Corporal Gavin Moore, Media Relations Officer with PEI RCMP. “Police provide many opportunities for suspects to cooperate and turn themselves in before a dog is used, and it is used in cases where the dog can help improve police and public safety,” adds Cpl. Moore.

    A vehicle used by the individuals, found at the scene, was towed as it had stolen licence plates, was not insured or registered. All three individuals were charged and later released. They will appear in court at a later date. The investigation into this incident is ongoing.

    This is the second break-and-enter West Prince RCMP have responded to in two weeks, and in both instances have arrested the suspects involved. PEI RCMP thank the public who called 9-1-1 to report this incident and remind all Islanders to call 9-1-1 any time you suspect an emergency requiring police, fire or medical assistance.

    MIL Security OSI

  • MIL-OSI Security: Sex Offender and Drug Trafficker Receives 10 Years in Prison

    Source: Office of United States Attorneys

    WILMINGTON, N.C. –  Roy Cox, 37, of Jacksonville, North Carolina, was sentenced to 10 years in prison and five years of supervised release for three counts of distribution of crack cocaine, one count of possession with intent to distribute a quantity of cocaine, and one count of failure to register as a sex offender.  On March 27, 2024, and June 27, 2024, Cox pled guilty to the drug charges and failure to register as a sex offender, respectively.

    According to court documents and other information presented in court, the Onslow County Sheriff’s Office received information that Cox was selling large quantities of cocaine in the Jacksonville area.  They further received information that Cox was involved in the transportation of controlled substances from Florida to the Eastern District of North Carolina.  During May 2023, law enforcement made three controlled purchases of crack cocaine from Cox in Jacksonville.  In June 2023, law enforcement received information that Cox was traveling from Florida back to Jacksonville.  On June 4, 2023, law enforcement arrested Cox when he arrived at his residence.  Law enforcement found a bag that contained 470 grams of cocaine in the car in which he was a passenger.

    Cox has a prior conviction for a sex offense in Florida that required him to register as a sex offender.  Cox left the state of Florida to live in North Carolina without registering as a sex offender in North Carolina.  Cox had lived in North Carolina for more than a year at the time of his arrest.  The United States Marshal Service (USMS) had been independently investigating him for this at the time of his arrest in this case.

    Michael F. Easley, Jr., U.S. Attorney for the Eastern District of North Carolina made the announcement after sentencing by Chief U.S. District Judge Richard E. Myers II. The Federal Bureau of Investigation, USMS, the Jacksonville Police Department and the Onslow County Sheriff’s Office investigated the case and Assistant U.S. Attorney Timothy Severo prosecuted the case.

    Related court documents and information can be found on the website of the U.S. District Court for the Eastern District of North Carolina or on PACER by searching for Case No. 7:23-CR-113.

    MIL Security OSI

  • MIL-OSI Security: North Little Rock Man Sentenced to 15 Years In Federal Prison for Being a Felon in Possession of a Firearm

    Source: Office of United States Attorneys

          LITTLE ROCK—Bryant Cordell Hart, a multi-convicted felon, will spend the next 15 years in federal prison for being a felon in possession of a firearm. Jonathan D. Ross, United States Attorney for the Eastern District of Arkansas, announced the sentence, which was handed down on Thursday, October 24, 2024, by United States District Judge Lee P. Rudofsky.

          On August 8, 2022, Hart, 38, of North Little Rock, pleaded guilty to being a felon in possession of a firearm. Judge Rudofsky also sentenced Hart to four years supervised release. Hart was indicted on December 8, 2021, on one count of being a felon in possession of a firearm.

          An investigation revealed that on June 7, 2021, officers from the Little Rock Police Department conducted a traffic stop. During the stop, officers located a Glock, model 23, .40 caliber semi-automatic pistol wedged between the driver’s seat and the center console of the vehicle Hart was driving. Additionally, officers located marijuana, two digital scales, and a glass pipe in the center console. During a search of the vehicle’s trunk, officers recovered an extended Glock magazine loaded with ammunition that functioned with the firearm found in Hart’s possession.

          Hart is classified as an armed career criminal offender due to his criminal history that includes multiple convictions for attempted delivery of cocaine, possession with intent to deliver marijuana, possession of drug paraphernalia, possession of methamphetamine, and possession of cocaine. There is no parole in the federal system.

          The investigation was conducted by the Federal Bureau of Investigation with assistance from the Little Rock Police Department. The case was prosecuted by Assistant United States Attorney Amanda Fields.

    # # #

    Additional information about the office of the

    United States Attorney for the Eastern District of Arkansas, is available online at

    https://www.justice.gov/edar

    X (formerly known as Twitter):

    @USAO_EDAR 

    MIL Security OSI

  • MIL-OSI Security: U.S. Attorney Parker honors community, law enforcement efforts in third annual awards ceremony

    Source: Office of United States Attorneys

    CINCINNATI – Kenneth L. Parker, United States Attorney for the Southern District of Ohio, presented the 2024 Law Enforcement and Community Awards, honoring individuals and groups for their work to reduce gun violence and provide comprehensive services to victims of domestic violence, human trafficking and exploitation.

    “The recipients of this year’s awards embody the spirit and dedication of what it means to come together and work hard for the greater good,” said U.S. Attorney Parker. “These fine individuals exemplify being part of a positive community every day. They deserve our recognition and gratitude.”

    The awards include:

    Kaia Grant Badge of Bravery and Sacrifice Award

    Springboro Police Officer Christopher Heath Martin

    Officer Heath Martin, a 20-year veteran of the Springboro Police Department, was first to the scene of a fire inside a home in June 2023. Officer Martin rescued a 36-year-old man, who uses a wheelchair, from a back bedroom of the home. The victim’s battery-operated wheelchair is believed to be the cause of the fire and had exploded. The officer’s body worn camera captured his life-saving actions of finding the victim and bringing him to safety.

    Law Enforcement Excellence Award

    FBI Special Agent Robert Buzzard

    Special Agent Buzzard serves as the lead agent on the FBI’s Southern Ohio Safe Streets Task Force (SOSSTF) and is known throughout the Miami Valley for his law enforcement excellence and expertise. The depth of his drug trafficking investigations often leads to the sources of supply outside of the United States. Examples of cases in which he was the lead agent include U.S. v. Walton et al – in which the United States successfully dismantled a sophisticated long-running drug trafficking organization led by two brothers – and U.S. v. Goddard et al – a case involving two Dayton men who were convicted on all counts for crimes related to the 2019 death of Dayton Detective and DEA Task Force Officer Jorge DelRio. The defendants were each sentenced to life in prison.

    Project Safe Neighborhood’s Guardian Award

    ATF Special Agent Derek Graham

    Special Agent Graham has effectively and creatively investigated a significant number of firearms-related crimes in the Southern District of Ohio. He has developed a special expertise in investigating straw purchasing cases. In recent months, Special Agent Graham has investigated and solved cases involving more than 20 defendants and approximately 100 firearms. One case involved a murder and five armed robberies across jurisdictions. The shooter and getaway driver have since been sentenced to 40 years and 23 years in prison respectively. In 2024 alone, Special Agent Graham has also either completed or assisted with 57 call detail records, 61 pen registers, 92 ping orders, 69 location mappings and 21 forensic extractions for agents and task force officers, as well as local police departments.

    The Project Safe Childhood Shield of Innocence Award

    HSI Special Agent Sara Sellers

    Since joining Homeland Security Investigations Columbus in December 2020, Special Agent Sellers has initiated more than 80 criminal investigations. Special Agent Sellers joined the Internet Crimes Against Children (ICAC) task force in July 2023 and has developed the reputation as an extremely hardworking and diligent investigator. An example of her unwavering commitment to the investigation and prosecution of child predators around the world occurred in December 2023, when Special Agent Sellers was called after hours with an investigative referral from Australia regarding a potential minor victim currently being sexually abused in Ohio. Special Agent Sellers left the restaurant at which she was dining to begin the task of locating the victim and perpetrator immediately. Within 24 hours, Special Agent Sellers had confirmed the identity of the suspect, located her and the minor victim and secured warrants to arrest the suspect and execute a search warrant to obtain additional evidence in this investigation that also spawned new leads. Special Agent Sellers continues to dedicate her efforts to protect minor victims and is helping lead an investigation abroad into an international ring of exploiters who create and distribute child sexual abuse material.

    Polaris Community Service Award

    Department of Veteran Affairs’ Mobile Evaluation Team, Columbus Division of Police Mobile Crisis Response Team & Columbus Public Health

    The partnership between the Department of Veterans Affairs (VA) Police, Veterans Evaluation Team, and the Columbus Division of Police’s Mobile Crisis Response Team exemplifies exceptional innovation, collaboration, and dedication in community service. U.S. Attorney Parker recognized VMET’s Clinical Director Dr. Heather Robinson, Investigator Jesse King, Benjamin Stark and Alexandra Woodruff, Columbus Police Lt. Michael Voorhis, Sgt. John Cheatham and Officers Francis Scalfani, Veronica Poehler, Robert Heinzman and Anthony Roberts, and Columbus Public Health Supervisor Kerith Palletti and Social Workers Kierstin Dettmers, Kevin Kincaid, Zach Simmons and Jason Cole for the collaboration that has created a vital connection between law enforcement and the Veteran community, addressing the unique challenges faced by veterans in crisis.

    By merging the specialized expertise of the VA Police Veterans Response Team with the crisis intervention skills of the Columbus Division of Police Mobile Crisis Response Team, they have established a comprehensive support system that is both empathetic and effective. Together, these teams have introduced innovative crisis intervention strategies. Through joint protocols and training sessions, they have ensured both teams are well-prepared to handle the complexities of veteran-specific mental health crises. This partnership has pioneered the integration of mental health professionals into crisis response scenarios, leading to more informed and compassionate interactions with veterans in distress.

    Serve Thy Neighbor Award (Columbus)

    Center for Family Safety & Healing and the Columbus Division of Police’s ACT-DV program

    U.S. Attorney Parker recognized Center for Family Safety & Healing’s Interim Director Nancy Cunningham, President Melissa Graves, Justice System In-Research Supervisor Amber Howell and Sheronda Paramore, as well as Columbus Police Assistant Chief Greg Bodker and Commander Joseph Curmode for their work developing bridges to effectively link justice, advocacy and health systems and to build trust between residents and law enforcement.

    Through ACT-DV, trained victim advocates respond with police officers at the scene of domestic violence crimes. This important public safety and victim services partnership increases access to support resources by offering safety planning, shelter and linkage to health/ mental health services immediately after a traumatic incident. Advocates also prepare victims for what to expect through the criminal prosecution process. Having advocates and officers work side by side supports the victims’ best interest and builds trust between community and law enforcement. This effort also helps police officers develop a deeper understanding of domestic violence and the complexity, power and danger that far too often keeps women in abusive homes.

    Serve Thy Neighbor Award (Dayton)

    Ms. Lisa Lucchesi, CareSource Health Plan

    Ms. Lucchesi serves as the National Human Trafficking Project Manager for CareSource Health Plan, and her passion is to advocate for children who are being trafficked or at high risk of trafficking. She coordinated with local law enforcement agencies and service providers to organize a highly successful CareSource Human Trafficking Awareness Summit in Dayton. Ms. Lucchesi continues to host meetings with local and national stakeholders to focus on the crime of the sexual trafficking of minors, how to identify the victims, what resources are available for them and how to help these minor victims to improve their lives.  Thanks to Ms. Lucchesi, the Dayton Police Department, Montgomery County Childrens Services and Montgomery County Juvenile Court have improved their processes in looking below the surface in identifying youth victims of sex trafficking who sadly sometimes don’t see themselves as victims.

    Serve Thy Neighbor Award (Cincinnati)

    John McConnaughey, Cincinnati Citizens Police Association

    Mr. McConnaughey’s service to his community has included serving on the Board of Directors for the FBI Citizens’ Academy Alumni Association, as an Associate Member of the Hamilton County Police Association and as the President of the Cincinnati Citizens’ Police Association (CCPA), which provides support to the Cincinnati law enforcement community. He was one of the founders of the Gang Initiative Project and the Southern Ohio Chapter of the Midwest Gang Investigators Association. Both organizations work with the Cincinnati public schools to combat gang activity. Mr. McConnaughey is a dedicated advocate for reducing crime and violence amongst youth.

    Mitch Morris, Cincinnati Works

    Mr. Morris is a dedicated community servant leader, working to end gun violence in the community. He connects at-risk youth with mentors and helps them find work through Cincinnati Works. Cincinnati Works partners with people in poverty to assist them in advancing economic self-sufficiency. Mr. Morris oversees the organization’s Phoenix Program Outreach & Mentoring. His dedication to ending poverty and gun violence is unwavering.

    For more information about the U.S. Attorney’s Office’s annual law enforcement awards, please contact Law Enforcement Coordinator Mitchell Seckman at 614-469-5715.

    # # # 

    MIL Security OSI

  • MIL-OSI Security: New Orleans Man Guilty of Violating Federal Gun Control and Federal Controlled Substances Acts

    Source: Office of United States Attorneys

    NEW ORLEANS, LOUISIANA – LYNDELL MIMS (“MIMS”), age 34, a resident of New Orleans, pleaded guilty on October 25, 2024, before United States District Judge Carl J. Barbier to violating the Federal Gun Control and the Federal Controlled Substances Acts, announced U.S. Attorney Duane A. Evans.

    According to court records, New Orleans Police Department officers stopped MIMS while he was in a vehicle, detected a strong odor of marijuana and got a search warrant.  During the search of the vehicle, the officers found a Diamondback Firearms Model DB15, 5.56-millimeter pistol, bearing serial number DB2907140, a Glock Model 22, .40 caliber pistol, bearing serial number CML528, as well as a third gun in his female passenger’s purse.  MIMS was a convicted felon and was not allowed to possess firearms.

    Officers also found several types of drugs and three digital scales.  The drugs, included 21.08 grams of methamphetamine; 30 grams of a mixture of cocaine, heroin, and fentanyl; 2.22 grams of methamphetamine; 4.46 grams of cocaine; 1.55 grams of cocaine; 10.66 grams of psilocyn; approximately 300 grams of marijuana in over 100 smaller bags; 31 Tramadol pills; 75 packets of Buprenorphine/suboxone; 175 Tapentadol pills; 1.52 grams of a heroin/fentanyl mixture; 2.21 grams of fentanyl; several oxycodone pills; several pills that tested positive for fentanyl; 50.64 grams of methamphetamine; and additional miscellaneous pills.       

    The federal indictment against MIMS states that he possessed the various drugs found during the search with the intent to distribute them, possessed the firearms in furtherance of drug trafficking, and was a felon in possession of firearms.

    Judge Barbier set sentencing for January 30, 2025.  On the drug count, MIMS faces a maximum term of twenty years imprisonment, a fine of up to $1,000,000, and at least three years of supervised release.  On the possession of a firearm in furtherance of drug trafficking count, MIMS faces a mandatory minimum of five years up to life, which must run consecutively to any other term of imprisonment, a fine of up to $250,000, and up to five years of supervised release.  On the felon in possession of a firearm count, MIMS faces a maximum term of fifteen years imprisonment, a fine of up to $250,000, and up to three years of supervised release.  As to each count, MIMS also faces payment of a mandatory special assessment fee of $100.

    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 Department 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.

    The case was investigated by the Federal Bureau of Investigation and the New Orleans Police Department.  It is being prosecuted by Assistant United States Attorney David Haller, who is Senior Litigation Counsel and PSN Coordinator.

    MIL Security OSI

  • MIL-OSI Security: Longtime Indian Country Special Agent Reflects on Essential FBI Mission

    Source: Federal Bureau of Investigation FBI Crime News

    For Davenport, arriving in the wooded highlands of Arizona 16 years ago was like a dream come true. He grew up in nearby Holcomb; in high school, he played football and wrestled with Native American classmates. He went to Mesa Community College in Phoenix and then Northern Arizona University in Flagstaff, where he studied law.

    After a few years as a lawyer, he yearned for more adventure and joined the FBI in 1999. His first assignment was in the Dallas Field Office, where he worked on civil rights and public corruption cases when he wasn’t deployed on SWAT operations. He was then assigned to the resident agency in Pinetop-Lakeside where he was, for a brief period, the only special agent.

    Davenport, who is retiring later this year, actively recruits others to experience working on Indian country cases. For many agents, it’s as close as you can get to frontline law enforcement—responding to active crime scenes, interviewing witness and victims and working closely with partners from other law enforcement agencies to build cases. Actively working those cases, Davenport says, helps illuminate why Indian country is as deserving of resources as anywhere else.

    “Why should the reservation be overlooked simply because they’re a reservation, or because they don’t have all the amenities that Chicago or L.A. have?” Davenport said. “They’re still people, and they still deserve that same justice that everybody else does.”

    MIL Security OSI

  • MIL-OSI Global: Animals that are all black or all white have reputations based on superstition − biases that have real effects

    Source: The Conversation – USA – By Elizabeth Carlen, Living Earth Collaborative Postdoctoral Fellow, Arts & Sciences at Washington University in St. Louis

    Black is beautiful. Akeem Ranmal/500px via Getty Images

    Imagine it’s a crisp and sunny fall morning. You just left your local coffee shop, ready to start your day.

    Out of the corner of your eye, you catch a glimpse of something moving in the bushes. Is it a squirrel stashing acorns for the winter? A robin fattening up for migration? As you get closer, the image becomes clear and you unconsciously hold your breath.

    It’s a black cat out for its morning stroll.

    You pause for a second to decide your next move. Cross the street so the cat can’t cross your path? Muster the courage to walk past it, or even crouch down to pet it? Rationally, you know the idea that a black cat is bad luck is just a silly superstition … but you have an important meeting this afternoon and don’t want to jinx it.

    This superstition about black cats and other black animals in general has shaped people’s preferences about animals. It’s left its mark on things such as lower adoption rates for black cats and beliefs that black cats are more aggressive. Yet, these biases are unfounded.

    As two biologists who focus on human-wildlife interactions, what we find scary is how superstitions, lore and myths can shape your subconscious – particularly biases toward the animals people are trying to conserve and protect.

    A rare spirit bear is not albino, with a complete lack of melanin, but rather leucistic, with a reduction in pigments.
    KenCanning/E+ via Getty Images

    Rarity of a solely black or white animal

    Of course, animal fur, feathers and scales come in various colors across the visible and invisible-to-humans spectrum. These colorations play a significant role in the survival of wildlife by functioning as a form of concealment, temperature regulation or communication. In white-tailed deer, for instance, a flash of a white tail can indicate danger is near, while the sharp red breast of a male cardinal attracts females that are ready to mate.

    Within species, color variations are found throughout the animal kingdom, including melanistic animals with more dark pigmentation and leucistic animals with a reduction of pigment. There are black panthers, a melanistic version of a leopard, Panthera pardus, or jaguar, Panthera onca. On the other side of the spectrum are white spirit bears, a leucistic version of an American black bear, Ursus americanus. There are also albino animals that lack most or all pigment.

    Scientists recognize these color variations as extreme abnormalities within the natural world. Being all black or all white is a rare phenomenon, unlikely to persist in the wild because it’s a selective disadvantage. These animals often have a tougher time blending into their habitat – a challenge for predators trying to ambush their prey, and for prey trying to conceal themselves from predators. They may also struggle to regulate their temperature and to communicate with others in their species.

    A suite of genes that can change in many ways is behind this rainbow of wildlife coloration. One of the most well-known and studied genes is MC1R. In animals, loss-of-function mutations in the MC1R gene can result in light, yellow or reddish coat color. In humans, redheads have up to five loss-of-function mutations in MC1R, leading to hair that ranges from strawberry blonde to copper.

    One of these has special protection from hunters.
    Kristian Bell/Moment via Getty Images

    Protection based on unique color

    Recently, we explored how charismatic coloring, including melanistic and leucistic or albinism coloration, affects the conservation of animals in the United States. As we read through local laws and found news stories of wildlife being protected or culled, we noticed a trend: Many albinistic and leucistic animals are protected.

    Minnesota, Illinois and Wisconsin laws protect albino/white deer from being hunted. In Marionville, Missouri, white squirrels are protected and given the right-of-way on all public streets, with a penalty of up to US$500 or 90 days in jail for failing to abide by the law. In Louisiana, it’s prohibited to take white alligators from the wild, with a fine of at least $10,000 and six months in jail. The World Wilderness Congress recently adopted a resolution: Making Space to Protect White Animals, Messengers of Peace.

    We also found white animals readily celebrated. Brevard, North Carolina, hosts a yearly festival called “White Squirrel Weekend.” People often release white doves at weddings and funerals as symbols of purity and peace. The California Academy of Sciences’ famous albino alligator named Claude has a whole book written about him. And members of the Olney, Illinois, police department wear a patch on their uniform with a white squirrel.

    We found similar laws and celebrations do not exist in these jurisdictions for the white animals’ melanistic/black counterparts. We did identify a few cities and schools, including Marysville, Kansas, and Goshen College, that made the black squirrel their mascot.

    This discrepancy surprised us because the genetic mutation that causes melanism occurs less frequently than the one that causes albinism/leucism. Pure black animals are more novel. We thought the more rare melanistic animals would pique human interest for being more unusual and trigger more protections.

    More rare but less beloved than an all-white counterpart?
    Elango V/500px via Getty Images

    Colors have long-standing associations

    For many thousands of years, people have shared with each other stories, lore, tales and myths that attempt to explain the world.

    Sometimes these stories provide cautionary advice about the dangers that lurk around us. As our early ancestors sat around fires, telling thrilling stories, they sought refuge together from the darkness that concealed looming threats. The partiality evident in our history can linger for significant periods of time, making it difficult to unlearn.

    Many human biases developed as a survival response – one reason a darkly colored nocturnal predator would be fearsome is that it’s so hard to see at night, for instance. Modern preconceptions, though, can be based on harmful ideologies. Somewhere, way back when, white became synonymous with “good” and “pure,” while black aligned more with “evil” and “unclean.” And even now these unconscious affiliations influence how people celebrate and protect – or not – rare animals.

    Perhaps more chilling than a black cat darting past you is the thought of how much in your subconscious mind goes unquestioned. Ideologies – whether detrimental or benign – permeate human society, influencing people’s perceptions of reality and informing how they interact with the world.

    This Halloween, rather than the spooky proposition of goblins and ghouls, consider whether the more horrifying specters are the unacknowledged and dangerous biases we humans possess.

    Elizabeth Carlen receives funding from the Living Earth Collaborative and the National Science Foundation.

    Tyus Williams receives funding from the National Science Foundation Graduate Research Fellowship under Grant No. DGE-2146752

    ref. Animals that are all black or all white have reputations based on superstition − biases that have real effects – https://theconversation.com/animals-that-are-all-black-or-all-white-have-reputations-based-on-superstition-biases-that-have-real-effects-240658

    MIL OSI – Global Reports

  • MIL-OSI USA: October 25th, 2024 N.M. Delegation Files Amicus Brief Urging Ninth Circuit Court to Affirm that Federal Law Requires Hospitals to Provide Emergency Care, Including Abortion

    US Senate News:

    Source: United States Senator for New Mexico Martin Heinrich

    After the Supreme Court dismissed Idaho v. United States, returning it to the Ninth Circuit Court, 259 Members of Congress ask the Ninth Circuit to affirm that federal law ensures abortion care qualifies as “emergency stabilizing care” under the Emergency Medical Treatment and Labor Act (EMTALA), and hospitals participating in Medicare must provide “emergency stabilizing treatment” to patients, including abortion care, when necessary.

    The N.M Delegation joins the brief as New Mexico’s highly impacted health system continues to serve patients from neighboring states with restrictions on reproductive health care.

     “In this case, respecting the supremacy of federal law is about more than just protecting our system of government; it is about protecting people’s lives.”

    WASHINGTON — U.S. Senators Martin Heinrich (D-N.M.) and Ben Ray Luján (D-N.M.) and U.S. Representatives Teresa Leger Fernández (D-N.M.), Melanie Stansbury (D-N.M.), and Gabe Vasquez (D-N.M.) submitted an amicus brief to the U.S. Court of Appeals for the Ninth Circuit in Moyle v. United States and Idaho v. United States, two consolidated cases concerning the Emergency Medical Treatment and Labor Act (EMTALA) under consideration by the en banc Ninth Circuit. EMTALA is a federal law that requires hospitals that receive Medicare funding to provide necessary “stabilizing treatment” to patients experiencing medical emergencies, which includes abortion care.

    After the Dobbs decision in 2022, an anti-abortion law in Idaho went into effect, making it a felony for a doctor to terminate a patient’s pregnancy unless it is “necessary” to prevent the patient’s death. The United States sued the State of Idaho, arguing that the state’s law is preempted by existing federal law in those circumstances in which abortion may not be necessary to prevent imminent death, but still constitutes the “necessary stabilizing treatment” for a patient’s emergency medical condition. The district court agreed; it held that in those limited, but critically important situations, EMTALA requires Medicare-participating hospitals to provide abortion as an emergency medical treatment. Idaho Republicans appealed that ruling to the Supreme Court.

    In March, 258 lawmakers, including the N.M. Congressional Delegation, filed an amicus brief, asking the Supreme Court to affirm the district court decision. In June, the Supreme Court dismissed the case but without a ruling on the merits, sending the case back to the Ninth Circuit Court and reinstating the district court’s injunction.

    In their brief in support of the Justice Department, the lawmakers state “he 99th Congress passed EMTALA to ensure that every person who visits a Medicare-funded hospital with an ‘emergency medical condition’ is offered stabilizing treatment.” The lawmakers continued in their amicus brief, “Congress chose broad language for that mandate, requiring hospitals that participate in the Medicare program to provide ‘such treatment as may be required to stabilize the medical condition.’… That text—untouched by Congress for the past three decades—makes clear that in situations in which a doctor determines that abortion constitutes the ‘ecessary stabilizing treatment’ for a pregnant patient, federal law requires the hospital to offer it. Yet Idaho has made providing that care a felony, in direct contravention of EMTALA’s mandate.”

    The lawmakers point to numerous reports of OB/GYNs leaving Idaho en masse since the state’s abortion ban went into effect — Idaho has since lost fifty-five percent of its maternal-fetal medicine specialists, and three rural hospitals have shut down maternity services altogether.

    “These are not hypothetical scenarios. Because Idaho’s abortion ban contains no clear exceptions for the “emergency medical conditions” covered by EMTALA, it forces physicians to wait until their patients are on the verge of death before providing abortion care. The result in other states with similar laws has been ‘significant maternal morbidity,’” wrote the lawmakers, pointing to harrowing reports of pregnant women with severe health complications being denied necessary abortion care. The lawmakers’ brief also counters an argument from Idaho and its amici that the Supremacy Clause does not apply in this case because EMTALA was passed using Spending Clause authority, and therefore acts only as a condition on Medicare funding. The lawmakers make clear that alllaws passed by Congress are entitled to preemption — regardless of their source of constitutional authority — and states cannot pass laws that make it impossible for private parties to accept federal funding, inhibiting the purpose of the federal law.

    “EMTALA requires abortion when necessary to stabilize a patient with an emergency medical condition, Idaho’s near-total abortion ban is preempted to the extent that it prevents doctors from providing that care,” the lawmakers wrote. “This Court should reject Appellants’ novel theory that EMTALA is not entitled to preemptive effect because it was enacted pursuant to Congress’s spending power.  Under the Supremacy Clause, all‘the constitutional laws enacted by congress,’ constitute ‘the supreme Law of the Land,’. As the Supreme Court has repeatedly held, the principle of federal supremacy applies to laws passed pursuant to Congress’s spending authority no less than it does to laws effectuating other enumerated powers.”

    “In sum, EMTALA plainly requires hospitals that participate in the Medicare program to provide abortion care when, in a doctor’s medical judgment, it constitutes the ‘ecessary stabilizing treatment’ for a patient’s ‘emergency medical condition.’”

    The amicus brief was led by U.S. Senators Chuck Schumer (D-N.Y.), Patty Murray (D-Wash.), Ron Wyden (D-Ore.), Dick Durbin (D-Ill.), and U.S. Representatives Hakeem Jeffries (D-N.Y.), Katherine Clark (D-Mass.), Frank Pallone (D-N.J.), Richard Neal (D-Mass.), Jerry Nadler (D-N.Y.), Diana DeGette (D-Colo.), and Barbara Lee (D-Calif.).

    The lawmakers’ amicus brief to the Supreme Court can be read in full here.

    MIL OSI USA News

  • MIL-OSI USA: October 25th, 2024 N.M. Delegation Announces Over $3 Million for Tribal Communities to Address Opioid Use Disorder

    US Senate News:

    Source: United States Senator for New Mexico Martin Heinrich

    ALBUQUERQUE, N.M. — U.S. Senators Martin Heinrich (D-N.M.) and Ben Ray Luján (D-N.M.), and U.S. Representatives Teresa Leger Fernández (D-N.M.), Melanie Stansbury (D-N.M.), and Gabe Vasquez (D-N.M.) are announcing $3,068,909 from the U.S. Department of Health and Human Services (HHS) to Tribal communities to serve individuals with opioid use disorder and co-occurring substance use disorders by funding culturally specific and evidence-based treatment, including medication for the treatment of opioid use disorder (MOUD). These HHS Tribal Opioid Response Grants are being awarded through the Substance Abuse and Mental Health Services Administration(SAMHSA).

    “Tackling the opioid crisis with the urgency it demands means expanding our approach. That includes everything from providing improved access to the lifesaving medication used to treat opioid use disorder to empowering local communities to develop treatment programs that are grounded in their distinct experiences and cultures. I’m proud to welcome over $3 million for Tribal communities to do exactly that,” said Heinrich. “I won’t stop fighting to eliminate barriers to lifesaving medication and help New Mexicans get the care they need.”

    “Far too many across our Tribal lands have seen firsthand how the opioid epidemic has devastated our communities,” said Luján, a member of the Indian Affairs and Health, Education, Labor and Pensions Committees. “This $3+ million in federal funding will deliver critical treatments and medications to address opioid use disorder in our Tribal communities. Throughout my time in Congress, I have secured millions to expand opioid use disorder treatments, introduced bipartisan legislation to increase investments in substance misuse prevention, and called for an increase in funding in our nation’s response to the opioid use disorder epidemic. I am proud to welcome this funding alongside our Congressional delegation and will keep fighting to expand addiction treatment services and protect the health of our Tribal brothers and sisters.”

    “For far too long, opioid addiction has ravaged our Tribal communities, and the need for culturally specific treatments is critical,” said Leger Fernández. “This funding will help provide life-saving treatment, tailored to the needs of Native communities, so that we can address the opioid crisis head-on. By combining evidence-based practices with the cultural knowledge of our Tribes, we can offer real hope and healing. I will continue to fight for more resources and support to make sure every New Mexican has access to the care they need to recover and thrive.”

    “Culturally informed care is vital to addressing the opioid crisis in every community that is suffering,” said Stansbury. “This $3 million investment will help Tribal communities take care as they see fit, as they know what is best for their communities. I will continue to fight for more funding and tools to solve this crisis so New Mexicans can not only recover from addiction but thrive in life.”

    “New Mexico’s Tribes and Pueblos have long faced significant challenges in combating the opioid crisis. I’m proud to welcome these funds to provide critical resources to help address opioid addiction head-on,” said Vasquez. “Supporting culturally specific and evidence-based treatments ensures that we’re not only tackling the crisis but also providing Indian Country with the tools they need to better support recovery. I’m committed to securing more funding and resources to combat this crisis and save lives.”

    Recipient

    Award Amount

    Albuquerque Area Indian Health

    $1,478,168

    Pueblo of Pojoaque

    $250,000

    Five Sandoval Indian Pueblos, Inc.

    $250,000

    Santo Domingo Tribe

    $295,107

    Ohkay Owingeh

    $250,000

    Nambe Pueblo Governor’s Office

    $295,634

    Taos Pueblo

    $250,000

    The N.M. Delegation has continuously worked to make opioid use disorder treatments more readily available.

    This month, Heinrich introduced the Broadening Utilization of Proven and Effective Treatment for Recovery Act, or BUPE for Recovery Act, legislation to increase access to buprenorphine — a lifesaving drug used to treat opioid use disorder — by removing barriers providers and patients face when trying to access the medication. The BUPE for Recovery Act temporarily exempts buprenorphine from the U.S. Drug Enforcement Administration’s (DEA) Suspicious Orders Report System (SORS) requirements during the opioid public health emergency. SORS reporting requirements have led to an uncertainty among pharmacies and distributors to stock and dispense buprenorphine, which can prevent individuals suffering from opioid use disorder from receiving timely and effective treatment. This legislation will mitigate the treatment gap created by stringent SORS reporting requirements, reducing overdose deaths, saving lives, and improving public health outcomes.

    In the Fiscal Year 2025 (FY25) Commerce, Justice, Science, and Related Agencies (CJS)Appropriations Bill, Heinrich successfully included language directing the DEA to take further action to remove barriers to access for opioid use disorder medications such as buprenorphine. The inclusion of this language will assist local medical and mental health providers and make medications, including buprenorphine, more accessible to New Mexicans.

    Find an extensive list of Heinrich’s actions to tackle the fentanyl crisis and make opioid use disorder treatments more readily available here.

    MIL OSI USA News

  • MIL-OSI USA: Shaheen, Hassan Join Ribbon Cutting for Affordable Housing Development Made Possible by the American Rescue Plan

    US Senate News:

    Source: United States Senator for New Hampshire Maggie Hassan
    (Concord, NH) – Today, U.S. Senators Jeanne Shaheen (D-NH) and Maggie Hassan (D-NH) delivered remarks to community members and local advocates at the ribbon cutting ceremony for CATCH Neighborhood Housing’s Davis Ridge development, which will offer 48 units of affordable housing in Concord. The project was funded in part by Invest NH, which is supported by funding Senators Shaheen and Hassan helped secure in the American Rescue Plan. Photos from today’s event can be found here. 
    “Far too many Granite Staters are struggling with affordable housing and anything we can do to build more housing units to help lower costs for the workforce is worth doing, which is why developments like Davis Ridge are critical to addressing this challenge,” said Senator Shaheen. “I’m proud to have helped secure the federal funds needed to support this project, and I’ll continue fighting in Congress to ensure New Hampshire has the resources we need to tackle the housing crisis and bring costs down for Granite Staters.” 
    “The housing crisis affects every corner of our state, as families struggle to afford their rent and businesses are unable to grow because workers can’t find housing that they can afford,” said Senator Hassan. “Developments like the Davis Ridge Apartments demonstrate the role that federal funding can play in addressing the housing shortage in New Hampshire. I will keep working to expand federal funding to build more housing here in NH, help more Granite State individuals and families afford their rent, and strengthen our economy.” 
    The Davis Ridge development was built with the support of Invest NH, a $100 million program to accelerate affordable workforce housing construction funded through American Rescue Plan Act (ARPA) State and Local Fiscal Recovery Funds (SLFRF) secured by Shaheen and Hassan. The project is also supported by federal funding from the Low-Income Housing Tax Credit (LIHTC), which Shaheen and Hassan are working to expand. 
    Shaheen is a leader in the Senate on efforts to tackle the housing affordability crisis, including by helping to ensure Granite Staters have the resources they need to thrive. In May, Shaheen and Hassan celebrated more than $30 million in federal grants for New Hampshire to build more affordable housing across the Granite State.  
    As a senior member of the U.S. Senate Appropriations Committee and Chair of the Commerce, Justice, Science Appropriations Subcommittee, Shaheen worked to include key provisions from her Strategy and Investment in Rural Housing Preservation Act in the FY24 Agriculture and Related Agencies Appropriations Act which was signed into law in March. Shaheen’s standalone legislation would ensure that hundreds of thousands of low-income tenants in rural areas are able to maintain access to safe and affordable housing. Another Shaheen-led bipartisan bill to increase access to rural housing was signed into law the same day. Together, the two bills will bolster existing rural housing options, make new construction easier and protect renters across the Granite State.   
    Shaheen also helped introduced the Fighting Homelessness Through Services and Housing Act to help local governments reduce homelessness as well as a bicameral bill that would protect the rights of residents of manufactured housing communities. Shaheen secured over $22 million in Congressionally Directed Spending in the FY24 government funding bills to address New Hampshire’s housing, transportation and urban development needs. 

    MIL OSI USA News

  • MIL-OSI USA: Cassidy Announces $63.1 Million for Louisiana Railroad Projects from His Infrastructure Law

    US Senate News:

    Source: United States Senator for Louisiana Bill Cassidy

    WASHINGTON – U.S. Senator Bill Cassidy, M.D. (R-LA) announced the U.S. Department of Transportation (DOT) will grant Louisiana a total of $63,149,456.00 from his Infrastructure Investment and Jobs Act (IIJA) for railroad infrastructure. 
    “This is a huge investment from the Infrastructure Law to improve Louisiana’s railroads,” said Dr. Cassidy. “These projects will bring new interstate commerce opportunities for Louisiana families and businesses and build our economy for 2050.”

    Grant Awarded
    Recipient
    Project Description

    $30,600,000.00
    Patriot Rail Company LLC
    This grant will provide federal funding to improve track conditions on eight Patriot railroads.

    $27,320,000.00
    Louisiana and North West Railroad Company, LLC
    This grant will provide federal funding to replace outdated rail and rehabilitate track across approximately 44 miles of the Louisiana and North West Railroad. The project will enable the LNW to upgrade its gross weight limit along the majority of its 62-mile network to accommodate industry standards.

    $5,229,456.00
    Jaguar Transport Holdings, LLC
    This grant will provide federal funding to increase the capacity of the West Memphis Base Railroad. Construction includes an estimated 10,900 feet of new sidings and yard track.

    MIL OSI USA News

  • MIL-OSI USA: Attorney General Alan Wilson announces York Co. man already on probation sentenced to prison for having child sexual abuse materialRead More

    Source: US State of South Carolina

    (COLUMBIA, S.C.) – South Carolina Attorney General Alan Wilson announced that a man already out on probation for possessing child sexual abuse material has been sentenced to prison for possessing thousands more files of the material.

    On October 23, 2024, Lawrence Tafoya pleaded guilty to two counts of Sexual Exploitation of a Minor, 3rd degree, in York County before the Honorable Daniel D. Hall.

    On March 15, 2024, Investigator Alex Clark with the York County Sheriff’s Office was contacted by Probation, Parole and Pardon Services in reference to a cell phone that was seized by their department that contained child sexual abuse material. The agent said the phone belonged to Lawrence Tafoya, who was currently on probation for Sexual Exploitation of a Minor, 3rd degree. A forensics examiner with SCPPP examined the phone on scene and located files of child sexual abuse material. Tafoya was arrested on April 11, 2024, for images on the phone, and subsequently confessed to having additional images on other items in his home. A search warrant was done on his residence in York County and several items were seized. A forensic examination of the items revealed files of child sexual abuse material on his cell phone and thousands more files on his laptop.

    Judge Hall sentenced Tafoya to six years in prison, with credit for 196 days already served. He will have to continue to register as a sex offender and was ordered to forfeit devices containing illegal material.

    MIL OSI USA News

  • MIL-OSI Security: Waterbury Man Sentenced to More Than 4 Years in Federal Prison for Role in Drug Trafficking Ring

    Source: Office of United States Attorneys

    Vanessa Roberts Avery, United States Attorney for the District of Connecticut, announced that JESUS MALDONADO, also known as “Zeus,” 34, of Waterbury, was sentenced today by U.S. District Judge Michael P. Shea in Hartford to 51 months of imprisonment, followed by three years of supervised release, for trafficking narcotics.  

    According to court documents and statements made in court, the FBI’s Waterbury Safe Streets Gang Task Force and other law enforcement agencies investigated two drug trafficking organizations based in the city of Waterbury.  One organization operated in the area of William Street and the other operated in the area of Maple Avenue.  The investigation, which included court-authorized wiretaps on multiple phones, video surveillance, GPS tracking of vehicles, and numerous controlled purchases of narcotics, revealed that the two organizations distributed cocaine, crack, and fentanyl through a network of sellers.  The organizations shared sources of supply and worked together to further their operations.

    During the investigation, Maldonado, who was involved in the William Street organization, was intercepted multiple times over a wiretap discussing the distribution of narcotics.  On November 16, 2023, he was captured on video engaging in a 500-gram cocaine transaction.

    Seventeen individuals were charged with federal offenses as a result of the investigation.  Maldonado and several codefendants were arrested on November 29, 2023.  In association with the arrests, investigators executed multiple search warrants and seized approximately 700 grams of crack cocaine, more than 900 vials (“caps”) of crack, approximately 200 grams of loose fentanyl, more than 1,600 dose bags of fentanyl/heroin, two stolen firearms, numerous rounds of ammunition, and more than $39,000 in cash.

    Maldonado has been detained since his arrest.  On June 24, 2024, he pleaded guilty to conspiracy to distribute and to possess with intent to distribute controlled substances.

    The FBI’s Waterbury Safe Streets Gang Task includes members from the FBI, the Waterbury Police Department, the Naugatuck Police Department, and the Connecticut Department of Correction.  The DEA, U.S. Marshals Service, Homeland Security Investigations (HSI), Connecticut State Police, Wolcott Police Department, and Meriden Police Department have assisted the investigation.

    This case is being prosecuted by Assistant U.S. Attorneys Natasha Freismuth and Shan Patel through the Organized Crime Drug Enforcement Task Forces (OCDETF) Program.  OCDETF identifies, disrupts, and dismantles drug traffickers, money launderers, gangs, and transnational criminal organizations through a prosecutor-led and intelligence-driven approach that leverages the strengths of federal, state, and local law enforcement agencies.  Additional information about the OCDETF Program can be found at https://www.justice.gov/OCDETF.

    U.S. Attorney Avery thanked the Waterbury State Attorney’s Office for its cooperation in the investigation and prosecution of this case.

    MIL Security OSI

  • MIL-OSI USA: Governor Parson Announces Six Judicial Appointments, Appoints Ray County Presiding Commissioner

    Source: US State of Missouri

    OCTOBER 25, 2024

     — Today, Governor Mike Parson announced judicial appointments to the 3rd, 12th, 25th, 30th, and 43rd Judicial Circuits and appointed a new Ray County Presiding Commissioner.

    Alex T. Van Zandt, of Bethany, will be appointed as Associate Circuit Judge for Mercer County in the 3rd Judicial Circuit.

    Mr. Van Zandt is the Harrison County Prosecuting Attorney. He holds Bachelors of Arts in political science and business from the University of Missouri–Columbia and a Juris Doctor from the University of Missouri–Kansas City. He will fill the vacancy created by the election of the Honorable Matthew M. Krohn as Circuit Judge who is unopposed in the 2024 general election.

    Jonathan A. Yelton, of Jefferson City, will be appointed as Associate Circuit Judge for Warren County in the 12th Judicial Circuit.

    Mr. Yelton is deputy general counsel for the Office of Missouri Governor Michael L. Parson. He holds a Bachelor of Science in criminal justice from Sterling College and a Juris Doctor from the University of Kansas. He will fill the vacancy created by the election of the Honorable Richard L. Scheibe as Circuit Judge who is unopposed in the 2024 general election.

    Kevin S. Hillman, of Waynesville, will be appointed as Associate Circuit Judge for Pulaski County in the 25th Judicial Circuit.

    Mr. Hillman is the Pulaski County Prosecuting Attorney. He holds a Bachelor of Arts in history and government from Centre College and a Juris Doctor from the University of Cincinnati. He will fill the vacancy created by the retirement of the Honorable Colin P. Long.

    Cynthia R. Black, of Marshfield, will be appointed as Associate Circuit Judge for Webster County in the 30th Judicial Circuit.

    Ms. Black owns Cynthia R. Black, Attorney at Law, LLC. She holds a Bachelor of Arts in political science from Missouri State University and a Juris Doctor from the University of Missouri­–Columbia. She will fill the vacancy created by the appointment of the Honorable D. Charles Replogle as Circuit Judge.

    The Honorable D. Charles Replogle, of Marshfield, will be appointed as Circuit Judge for the 30th Judicial Circuit.

    Judge Replogle is the associate circuit judge for Mercer County in the 30th Judicial Circuit. He holds a Bachelor of Science in criminal justice from Missouri Southern State University and a Juris Doctor from the University of Tulsa. He will fill the vacancy created by the retirement of the Honorable Michael O. Hendrickson.

    Micha L. Dixon, of Jamesport, will be appointed as Associate Circuit Judge for Daviess County in the 43rd Judicial Circuit.

    Ms. Dixon is the attorney for the 43rd Judicial Circuit Juvenile Office and an assistant prosecuting attorney in the 43rd Judicial Circuit. She holds a Bachelor of Arts in criminal justice and criminology and a Juris Doctor from the University of Missouri–Kansas City. Ms. Dixon will fill the vacancy created by the election of the Honorable Daren L. Adkins as Circuit Judge who is unopposed in the 2024 general election.

    Sheila Tracy, of Richmond, was appointed Ray County Presiding Commissioner.

    Ms. Tracy currently serves as a realtor at ReeceNichols Real Estate. She previously served as president of the Northland Regional Chamber of Commerce, vice president of membership for the Independence Chamber of Commerce, and as executive director of the Richmond Area Chamber of Commerce. Ms. Tracy further serves as a member of the Missouri Chamber of Commerce and Industry and the American Chamber of Commerce Executives. 

    MIL OSI USA News