Deirdre M. Daly, United States Attorney for the District of Connecticut, and George Venizelos, the Assistant Director in Charge of the New York Office of the Federal Bureau of Investigation, announced that former East Haven Police Sergeant John Miller, 44, was sentenced by U.S. District Judge Alvin W. Thompson in Hartford to four months of imprisonment, followed by two years of supervised release, for violating an individual’s civil rights by using unreasonable force during the course of an arrest. Miller was also ordered to pay a $3,000 fine.
This matter stems from a criminal investigation into members of the East Haven Police Department using excessive force during arrests, conducting unconstitutional searches and seizures, and filing false police reports. As a result of the investigation, Miller and Officers Dennis Spaulding, Jason Zullo, and David Cari were convicted of various civil rights offenses.
According to court documents and statements made in court, on January 3, 2010, in the course of making an arrest, Miller struck a handcuffed individual while the victim was in the secure custody of two other East Haven Police officers.
On September 21, 2012, Miller pleaded guilty to one count of depriving an individual of his right to be free from the use of excessive force by a law enforcement officer.
Judge Thompson credited Miller for his cooperation in the investigation and prosecution of this matter and imposed a sentence below the recommended sentencing guidelines range of 12 to 18 months of imprisonment.
Miller, who has retired from the East Haven Police Department, was ordered to report to prison on March 13.
On October 23, 2012, Jason Zullo pleaded guilty to one count of obstruction stemming from his filing of a false police report in order to prevent a possible excessive force investigation. On December 16, 2013, he was sentenced to 24 months of imprisonment.
On October 21, 2013, David Cari was found guilty of one count of conspiracy against rights, one count of deprivation of rights for making an arrest without probable cause, and one count of obstruction of a federal investigation for preparing a false report. On January 21, 2014, he was sentenced to 30 months of imprisonment.
On October 21, 2013, Dennis Spaulding was found guilty of one count of conspiracy against rights, one count of use of unreasonable force by a law enforcement officer, two counts of deprivation of rights for making arrests without probable cause, and two counts of obstruction of a federal investigation for preparing false reports to justify the false arrests. On January 23, he was sentenced to 60 months of imprisonment.
This matter was investigated by the Civil Rights Squad of the FBI’s New York Field Office, and it was prosecuted by Assistant U.S. Attorney Krishna R. Patel and Senior Litigation Counsel Richard J. Schechter.
Friday, February 14, 2014
4 Individuals Charged in with Participating in a Multi-State Robbery Crew That Stole More Than $1 Million in Luxury Watches and Other Goods
Preet Bharara, the United States Attorney for the Southern District of New York; George Venizelos, the Assistant Director in Charge of the New York Office of the Federal Bureau of Investigation (FBI); and William Bratton, the Police Commissioner of the City of New York (NYPD), announced the unsealing of a five-count complaint charging four members of a robbery crew operating across New York, New Jersey, and Virginia with robbery conspiracy and robberies of high-end jewelry and watch stores, resulting in the theft of more than a million dollars in watches. Specifically, Allens Williams, 35; Roberto Grant, 33; Terrell Ratliff, 22; and Tyrone DeHoyos, 35, have each been charged with robbery conspiracy and one or more substantive robberies. DeHoyos was arrested in Brooklyn, New York, and was presented before U.S. Magistrate Judge Andrew J. Peck. DeHoyos was ordered detained pending trial. Williams, Grant, and Ratliff were all previously arrested by the NYPD and are expected to be transferred into federal custody to be presented on the charges contained in the complaint.
Manhattan U.S. Attorney Preet Bharara said, “As alleged, the defendants engaged in violent robberies of luxury jewelry stores in New York, New Jersey, and Virginia. They allegedly combined forethought with force, scouting out their targets and then terrorizing customers and employees by smashing display cases with hammers and stealing high-end timepieces. They will now face the consequences of their violent shopping spree.”
FBI Assistant Director in Charge George Venizelos said, “From Cartier on Manhattan’s Fifth Avenue to the Borgata Casino in Atlantic City, the defendants left no rock unturned, carrying out a series of brazen midday smash-and-grab robberies of high-end jewelers up and down the East Coast. It took sophisticated, modern crime fighting techniques to tie the heists together. Today, we see the result of diligent work by law enforcement from Virginia to New York to stop this violent, skilled crime syndicate.”
Police Commissioner William J. Bratton said, “Thanks to the collaborative efforts of investigators and prosecutors assigned to this case, four members of this smash and grab crew, which targeted businesses throughout New York City and in other states, is no longer in operation. Two of these criminals, Allen Williams and Roberto Grant, were quickly apprehended by members of the NYPD after they brazenly walked into a Manhattan Cartier store and stole more than $700,000 worth of watches.”
According to the allegations contained in the complaint and statements made in court today:
Between approximately July 1, 2013 and January 30, 2014, a highly organized crew engaged in a series of violent robberies of high-end jewelry and watch stores located in three states, while customers and employees were in the stores, and stole more than a million dollars in luxury watches.
The robberies followed a simple but brazen pattern: on each occasion, three to five members of the crew entered a jewelry or watch store, began smashing glass display cases with hammers, grabbed luxury watches from those display cases, and then fled within minutes of entering the store into waiting getaway cars driven by members of the robbery crew. Each robbery occurred during business hours while store employees and customers were present. The crew used violence as necessary to carry out the scheme. For example, during one robbery in August 2013 in Richmond, Virginia, the robbers used a handheld stungun to subdue a female store employee before fleeing with more than $100,000 in watches.
Among the stores robbed by the crew are Cartier in Manhattan, New York; the Borgata Hotel and Casino in Atlantic City, New Jersey; Schwarzschild’s Jewelers in Richmond, Virginia; and Martin Jewelers in Cranford, New Jersey.
All four defendants are charged in count one of the complaint, conspiracy to commit robbery in interstate commerce, which carries a maximum sentence of 20 years in prison.
Williams and Grant are also charged with each of the robberies in interstate commerce in counts two through five in the complaint; Ratliff is charged with the robbery in interstate commerce in count two of the complaint; and DeHoyos is charged with the robbery in interstate commerce in count four of the complaint. Each of the substantive interstate robbery counts carries a maximum sentence of 20 years in prison.
Mr. Bharara praised the investigative work of the FBI and the NYPD. Mr. Bharara also thanked the Manhattan District Attorney’s Office, which brought charges against Williams and Grant in connection with their participation in the January 30, 2014 robbery of Cartier. He also thanked the Richmond FBI Office and the Atlantic City Resident Agency of the Newark FBI Office, as well as the police departments of Cranford and Atlantic City, New Jersey, and Richmond, Virginia.
The case is being prosecuted by the Office’s General Crimes Unit. Assistant United States Attorneys Andrea Griswold and Richard Cooper are in charge of the prosecution.
The charges contained in the complaint are merely accusations, and the defendants are presumed innocent unless and until proven guilty.
Manhattan U.S. Attorney Preet Bharara said, “As alleged, the defendants engaged in violent robberies of luxury jewelry stores in New York, New Jersey, and Virginia. They allegedly combined forethought with force, scouting out their targets and then terrorizing customers and employees by smashing display cases with hammers and stealing high-end timepieces. They will now face the consequences of their violent shopping spree.”
FBI Assistant Director in Charge George Venizelos said, “From Cartier on Manhattan’s Fifth Avenue to the Borgata Casino in Atlantic City, the defendants left no rock unturned, carrying out a series of brazen midday smash-and-grab robberies of high-end jewelers up and down the East Coast. It took sophisticated, modern crime fighting techniques to tie the heists together. Today, we see the result of diligent work by law enforcement from Virginia to New York to stop this violent, skilled crime syndicate.”
Police Commissioner William J. Bratton said, “Thanks to the collaborative efforts of investigators and prosecutors assigned to this case, four members of this smash and grab crew, which targeted businesses throughout New York City and in other states, is no longer in operation. Two of these criminals, Allen Williams and Roberto Grant, were quickly apprehended by members of the NYPD after they brazenly walked into a Manhattan Cartier store and stole more than $700,000 worth of watches.”
According to the allegations contained in the complaint and statements made in court today:
Between approximately July 1, 2013 and January 30, 2014, a highly organized crew engaged in a series of violent robberies of high-end jewelry and watch stores located in three states, while customers and employees were in the stores, and stole more than a million dollars in luxury watches.
The robberies followed a simple but brazen pattern: on each occasion, three to five members of the crew entered a jewelry or watch store, began smashing glass display cases with hammers, grabbed luxury watches from those display cases, and then fled within minutes of entering the store into waiting getaway cars driven by members of the robbery crew. Each robbery occurred during business hours while store employees and customers were present. The crew used violence as necessary to carry out the scheme. For example, during one robbery in August 2013 in Richmond, Virginia, the robbers used a handheld stungun to subdue a female store employee before fleeing with more than $100,000 in watches.
Among the stores robbed by the crew are Cartier in Manhattan, New York; the Borgata Hotel and Casino in Atlantic City, New Jersey; Schwarzschild’s Jewelers in Richmond, Virginia; and Martin Jewelers in Cranford, New Jersey.
All four defendants are charged in count one of the complaint, conspiracy to commit robbery in interstate commerce, which carries a maximum sentence of 20 years in prison.
Williams and Grant are also charged with each of the robberies in interstate commerce in counts two through five in the complaint; Ratliff is charged with the robbery in interstate commerce in count two of the complaint; and DeHoyos is charged with the robbery in interstate commerce in count four of the complaint. Each of the substantive interstate robbery counts carries a maximum sentence of 20 years in prison.Mr. Bharara praised the investigative work of the FBI and the NYPD. Mr. Bharara also thanked the Manhattan District Attorney’s Office, which brought charges against Williams and Grant in connection with their participation in the January 30, 2014 robbery of Cartier. He also thanked the Richmond FBI Office and the Atlantic City Resident Agency of the Newark FBI Office, as well as the police departments of Cranford and Atlantic City, New Jersey, and Richmond, Virginia.
The case is being prosecuted by the Office’s General Crimes Unit. Assistant United States Attorneys Andrea Griswold and Richard Cooper are in charge of the prosecution.
The charges contained in the complaint are merely accusations, and the defendants are presumed innocent unless and until proven guilty.
Todd C. Smith and Travis Oliver Charged in $983,000 Investment Fraud Scheme
A Rockford man and a Califomia man were indicted by a federal grand jury in Rockford on fraud charges. Todd C. Smith, 46, of Rockford, was charged with seven counts of mail fraud and 10 counts of wire fraud, and Travis Oliver, 36, of Tremecula, California, was charged with eight counts of mail fraud and 15 counts of wire fraud in connection with a scheme to defraud investors by falsely representing to investors that their investments in Electus Asset Holdings were guaranteed, thereby fraudulently obtaining more than $983,000 from the investors.
According to the indictment, Oliver was sole managmg member of Electus Asset Holdings, and both Oliver and Smith solicited individuals to invest in Electus Asset Holdings, engaging in a scheme from February 13, 2009 to at least March 2012 to defaud investors. The indictment alleges the defendants falsely represented to the investors that their investments would be retmned in one year, yielding a guaranteed rate of interest per month, and that the funds could be withdrawn at any time without penalty. However, it is alleged the defendants knew a large portion of the investors’ funds was used to pay personal and other expenses, such as commissions to the defendants and to make interest and principal payments to other individuals who had invested money with Oliver prior to the fonnation ofElectus Asset Holdings in January 2009 and that the remainder of the investors’ funds was placed in a non-guaranteed investment
It is further alleged that in order to conceal their false promises and misrepresentations and to prevent the investors from demanding the return of their principal, defendants used funds from new investors to pay interest and principal owed to prior investors. The indictment also charges that defendants mailed monthly statements and IRS 1099-INT forms to investors that falsely stated that the investors had earned interest on their investments, when defendants knew no interest had been earned on the investments. The indictment alleges that when investors requested the return of their interest and principal, Oliver and Smith made false statements and promises to conceal the fact the investors’ money had been spent or lost in high risk investments, including that the investors’ checks were going to be issued shortly, that their checks were lost in the mail, and that the investors’ money was invested in company that was under investigation by the Federal Trade Commission and its assets had been frozen.
Each count of mail fraud and wire fraud carries a maximum penalty of 20 years in prison and a maximum fine of $250,000 or an alternate fine totaling twice the loss or twice the gain derived from the offense, whichever is greater. If convicted, the court must impose a reasonable sentence under the advisory United States Sentencing Guidelines and under federal sentencing statutes, as well as restitution.
According to the indictment, Oliver was sole managmg member of Electus Asset Holdings, and both Oliver and Smith solicited individuals to invest in Electus Asset Holdings, engaging in a scheme from February 13, 2009 to at least March 2012 to defaud investors. The indictment alleges the defendants falsely represented to the investors that their investments would be retmned in one year, yielding a guaranteed rate of interest per month, and that the funds could be withdrawn at any time without penalty. However, it is alleged the defendants knew a large portion of the investors’ funds was used to pay personal and other expenses, such as commissions to the defendants and to make interest and principal payments to other individuals who had invested money with Oliver prior to the fonnation ofElectus Asset Holdings in January 2009 and that the remainder of the investors’ funds was placed in a non-guaranteed investment
It is further alleged that in order to conceal their false promises and misrepresentations and to prevent the investors from demanding the return of their principal, defendants used funds from new investors to pay interest and principal owed to prior investors. The indictment also charges that defendants mailed monthly statements and IRS 1099-INT forms to investors that falsely stated that the investors had earned interest on their investments, when defendants knew no interest had been earned on the investments. The indictment alleges that when investors requested the return of their interest and principal, Oliver and Smith made false statements and promises to conceal the fact the investors’ money had been spent or lost in high risk investments, including that the investors’ checks were going to be issued shortly, that their checks were lost in the mail, and that the investors’ money was invested in company that was under investigation by the Federal Trade Commission and its assets had been frozen.
Each count of mail fraud and wire fraud carries a maximum penalty of 20 years in prison and a maximum fine of $250,000 or an alternate fine totaling twice the loss or twice the gain derived from the offense, whichever is greater. If convicted, the court must impose a reasonable sentence under the advisory United States Sentencing Guidelines and under federal sentencing statutes, as well as restitution.
Dr. Charles DeHann Indicted on Charges of Health Care Fraud
A suspended Rockford physician was indicted this week by a federal grand jury on charges of healthcare fraud. Charles S. DeHann, 59, of Belvidere, Illinois, was charged with nine counts of engaging in a scheme to defraud Medicare.
The indictment alleges that DeHaan, a physician licensed in Illinois, and president of Housecall Physicians Group of Rockford, South Carolina, treated numerous patients at Rockford-area assisted living facilities and, as a physician, had access to patients and patient records. The indictment alleges that, from January 2013 through January 24, 2014, in order to enrich himself, DeHaan submitted false claims to Medicare for reimbursement for medical services that DeHaan provided to patients in their homes. As part of the scheme, DeHaan allegedly obtained patient information of Medicare beneficiaries through his affiliation with and privileges granted to him at various Rockford-area assisted living facilities, without the knowledge or consent of the patients. It is also alleged that DeHaan billed for medical services purportedly provided to patients whom DeHaan never actually treated and billed routine visits with Medicare patients at the highest levels of in-home care when he knew that his visits with these patients typically did not qualify for such billing.
In addition, DeHaan allegedly billed for medical services provided to patients when he knew he did not provide any reimbursable medical service. For instance, on multiple occasions, DeHaan billed Medicare for medical services purportedly provided to patients, when DeHaan’s visit with the patient involved no medical care and instead involved DeHaan’s having sexual contact and attempting to have sexual contact with a patient and making sexual advances toward a patient, according to the indictment.
DeHaan was initially charged with federal health care fraud last month when he was arrested on a criminal complaint.
Each count of health care fraud carries a maximum potential penalty of up to 10 years in prison, a fine of up to $250,000, and full restitution. If convicted, the court must impose a reasonable sentence under federal statutes and the advisory United States Sentencing Guidelines.
The indictment alleges that DeHaan, a physician licensed in Illinois, and president of Housecall Physicians Group of Rockford, South Carolina, treated numerous patients at Rockford-area assisted living facilities and, as a physician, had access to patients and patient records. The indictment alleges that, from January 2013 through January 24, 2014, in order to enrich himself, DeHaan submitted false claims to Medicare for reimbursement for medical services that DeHaan provided to patients in their homes. As part of the scheme, DeHaan allegedly obtained patient information of Medicare beneficiaries through his affiliation with and privileges granted to him at various Rockford-area assisted living facilities, without the knowledge or consent of the patients. It is also alleged that DeHaan billed for medical services purportedly provided to patients whom DeHaan never actually treated and billed routine visits with Medicare patients at the highest levels of in-home care when he knew that his visits with these patients typically did not qualify for such billing.
In addition, DeHaan allegedly billed for medical services provided to patients when he knew he did not provide any reimbursable medical service. For instance, on multiple occasions, DeHaan billed Medicare for medical services purportedly provided to patients, when DeHaan’s visit with the patient involved no medical care and instead involved DeHaan’s having sexual contact and attempting to have sexual contact with a patient and making sexual advances toward a patient, according to the indictment.
DeHaan was initially charged with federal health care fraud last month when he was arrested on a criminal complaint.
Each count of health care fraud carries a maximum potential penalty of up to 10 years in prison, a fine of up to $250,000, and full restitution. If convicted, the court must impose a reasonable sentence under federal statutes and the advisory United States Sentencing Guidelines.
A Benchmark Win in 9th U.S. Circuit Court of Appeals in @NRA Backed Case
The United States Court of Appeals for the 9th Circuit today ruled in favor of the right of law-abiding citizens in California to carry a firearm outside the home for self-defense. California law allows local governments to issue concealed and open carry permits, but generally prohibits the carriage of handguns in public places. The San Diego County Sheriff’s office further restricts gun permits only to law-abiding citizens who can prove “good cause,” meaning they have to show they faced a specific threat to their safety above what the general public faces.
The court ruled San Diego County’s gun regulation scheme unconstitutional. Under the ruling, law-abiding citizens in California would be allowed to carry a handgun for self-defense in public places, not just in their homes.
In addition to supporting the case financially from the beginning, the National Rifle Association filed a friend of the court brief in support of the plaintiffs.
From the Court Ruling:
The court ruled San Diego County’s gun regulation scheme unconstitutional. Under the ruling, law-abiding citizens in California would be allowed to carry a handgun for self-defense in public places, not just in their homes.
In addition to supporting the case financially from the beginning, the National Rifle Association filed a friend of the court brief in support of the plaintiffs.
“No one should have to wait until they are assaulted before they are allowed to exercise their fundamental right of self-defense,” said Chris W. Cox, Executive Director of the NRA’s Institute for Legislative Action. “The U.S. Supreme Court has already affirmed our Constitutional right to Keep Arms, and today, the 9th Circuit Court of Appeals affirmed the right to Bear Arms. Our fundamental, individual Right to Keep and Bear Arms is not limited to the home,” concluded Cox.
From the Court Ruling:
Because the Second Amendment “confer[s] an individual right to keep and bear arms,” we must assess whether the California scheme deprives any individual of his constitutional rights. Heller, 554 U.S. at 595. Thus, the question is not whether the California scheme (in light of San Diego County’s policy) allows some people to bear arms outside the home in some places at some times; instead, the question is whether it allows the typical responsible, law-abiding citizen to bear arms in public for the lawful purpose of self-defense. The answer to the latter question is a resounding “no.”
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