NEWARK, N.J. – Two Customs and Border Protection (CBP) officers were indicted and another pleaded guilty for their roles in the assaults of two fellow CBP officers at Newark Liberty International Airport, U.S. Attorney Craig Carpenito announced today.

Parmenio I. Perez, 40, of Hawthorne, New Jersey, and Michael A. Papagni, 32, of Staten Island, New York, were charged by indictment today with two counts of forcibly assaulting, impeding, intimidating, and interfering with two CBP officers, identified in court documents as “Victim One” and “Victim Two,” while the victims were engaged in their duties as CBP officers. They will be arraigned at a later date.

Tito Catota, 38, of Lyndhurst, New Jersey, pleaded guilty June 4, 2018, before Senior U.S. District Judge Katharine S. Hayden in Newark federal court to an information charging him with two counts of forcibly assaulting, impeding, intimidating, and interfering with Victim One and Victim Two while they were engaged in their duties as CBP officers. All three defendants were originally arrested and charged by complaint in September 2017.

According to documents filed in this case and statements made in court:

Catota, Perez, and Papagni were employed as CBP officers at Newark Liberty International Airport and were assigned to the Passenger Enforcement Rover Team (PERT). PERT was a CBP specialized unit that identified and intercepted passengers attempting to bring contraband into the United States or who might be associated with terrorist activities. PERT maintained an office on the second floor of Terminal C at Newark Liberty International Airport.

Victim One was assigned to PERT in October 2016. Within the first two weeks that Victim One worked in PERT, Papagni allegedly advised Victim One that the PERT office table was known as the “rape table” and threatened the victim that he would get him on it.

On Jan. 10, 2017, an individual identified in court documents as “CBPO 2” shut off the lights in the PERT office. Papagni, Catota, and another officer identified as “CBPO 3” grabbed Victim One’s arms and legs and threw him on top of the PERT office table. While Papagni, Catota, and CBPO 3 held him down, Perez got on top of Victim One’s mid-section and grinded his body up and down against Victim One’s genitals through the victim’s clothing in a motion simulating a sex act. Victim One unsuccessfully attempted to push Perez off his body. When Perez got off of Victim One, Papagni, Catota, and CBPO 3 released him.

On Nov. 30, 2016, Victim Two, who was assigned to the Port Director staff, went to the PERT office to speak to CBPO 1. A few minutes later, an officer identified as “CBPO 4” locked one of the doors to the office. Catota, Papagni, and Perez then grabbed Victim Two and threw him on his side on the PERT office table. Perez then allegedly simulated a sex act on Victim 2’s leg. Victim Two struggled to get free until Catota, Papagni, and Perez eventually released him.

At his plea hearing, Catota admitted that he and other CBP officers referred to the tables in the PERT office as the “rape table.” Catota also admitted helping grab Victim One and Victim Two, throwing them on the tables, and holding them down while they were attacked. In addition, Catota also admitted that he and other CBP officers discussed the assaults on the Whatsapp chat message service. For instance, on Dec. 7, 2016, Catota stated that another CBP officer had “walked out on the rape” when referring to the assault of Victim Two.

 The charges against Perez, Papagni, and Catota each carry a maximum potential penalty of eight years in prison and a $250,000 fine.

The charges and allegations against Perez and Papagni are merely accusations, and they are considered innocent unless and until proven guilty.

U.S. Attorney Carpenito credited special agents with the U.S. Department of Homeland Security, Office of Inspector General, New York Resident Office, under the direction of Special Agent in Charge Mark Tasky and U.S. Customs and Border Protection, Office of Professional Responsibility, New York Resident Office, under the direction of Special Agent in Charge Vance Kuhner, with the investigation leading to the indictment and guilty plea.

The government is represented by Senior Litigation Counsel Leslie Faye Schwartz of the U.S. Attorney’s Office’s Special Prosecutions Division, and Rahul Agarwal, Deputy Chief of the Criminal Division in Newark.

Catota: Alan Zegas Esq., Chatham, New Jersey
 Papagni: Chad Seigel Esq., New York
 Perez: Lorraine Gauli-Rufo, Verona, New Jersey

HOUSTON – The CEO of Team Work Ready (TWR) has received a significant federal sentence for conspiracy, health care fraud, wire fraud and money laundering, announced U.S. Attorney Ryan K. Patrick along with Special Agent in Charge Christopher Cave of the U.S. Postal Service - Office of Inspector General (USPS-OIG), Special Agent in Charge Steven Grell of the U.S. Department of Labor (DOL) – OIG, Assistant Special Agent in Charge Ramsey Covington of IRS-Criminal Investigation (CI), Special Agent in Charge James Werner of the Department of Veterans Affairs (VA) – OIG and Special Agent in Charge David J. Green of the Department of Homeland Security (DHS) – OIG.

A federal jury convicted Jeffrey Eugene Rose Sr., 56, along with his wife - chief financial officer (CFO) Pamela Annette Rose, 56 - and the clinic’s vice president of operations Frankie Lee Sanders, 56, following 14 hours of deliberation on Oct. 17, 2016.

Today, U.S. District Judge Ewing Werlein Jr., who presided over the trial, sentenced Rose to 233 months in federal prison and ordered him to pay $14,537548.54 in restitution to the DOL, Office of Worker’s Compensation Program (OWCP) which administered the Federal Employees Compensation Act health care benefit program known as FECA. In arriving at the sentence, Judge Werlein considered the seriousness of the offense and the $18,354,971 in fraudulent claims submitted from Rose’s 10 TWR clinics located in Texas, Louisiana, Georgia, Memphis and Alabama, including clinics in Houston, San Antonio, and McAllen. Rose will also be required to serve three years supervised release upon completion of the prison term.

“The sentence imposed today serves as a clear deterrent to those engaging in fraud against federal benefit programs,” said Cave. “USPS-OIG, along with our law enforcement partners, will continue to aggressively pursue these investigations and exhaust all efforts in uncovering these fraud schemes.”

Pamela Rose and Sanders were previously sentenced July 21, 2017, to 120 and 300 months, respectively.

During the trial, the jury heard testimony from 38 witnesses including former patients of TWR clinics, former employees of TWR clinics, various experts and special agents from USPS-OIG and IRS-CI. According to testimony, TWR submitted millions in false and fraudulent claims for physical therapy services.

“Jeffrey Rose orchestrated a fraudulent scheme to submit more than $18 million in claims for services never provided to injured federal workers to DOL-OWCP using the health care clinics he owned in multiple states,” said Grell. “We will continue to work with our law enforcement partners to protect the integrity of department programs and safeguard taxpayer money.”

“Our system of health care is founded on the trust of the public in its health care professionals and the outstanding services they provide. The health care fraud and money laundering activities committed by Jeffrey Rose and his co-conspirators harms all Americans, as we all have to pay our fair share for government services and protections that we enjoy,” said Covington. “IRS-CI agents along with our law enforcement partners remain committed to ending healthcare fraud conspiracies and seeking justice for those involved in these crimes.”

Patients testified at trial that they did not receive the one-on-one physical therapy services for which DOL-OWCP paid under FECA. Rather, they stated they exercised independently on treadmills, bicycles, elliptical machines and with the Nintendo Wii game as well as other pieces of exercise equipment. One patient described an electronic massage chair in the San Antonio clinic, while another patient testified that unlicensed staff told him to do exercises on both of his arms, although he only injured his left elbow and to use the electronic massage chair and the treadmill for his injury. Similarly, a patient from Houston testified that she was asked to do some exercises that had nothing to do with her carpal tunnel wrist injury, specifically walking on a treadmill.

Testimony from former TWR employees revealed that the Houston clinic had as many as 30 – 60 patients a day and that employees did not know what the patients were doing in the main treatment area because they were busy in the back doing massages, electrical stimulation treatments and ultrasound treatments. Patients at the New Orleans clinic were instructed to go back to the therapy room to begin doing exercises by themselves. Employees testified that they did not perform all the one-on-one services documented on patient treatment notes and admitted they frequently completed the patient treatment notes at the end of the day by following a “cheat sheet” and asking each other and the patients what activities had been done. Various individuals described the treatment as “like a gym.”

Undercover federal agents posed as patients at two of the TWR clinics. The jury watched portions of covertly made recordings that supported the employee and patient testimony about clinic activities. The jury also heard several recordings a TWR employee made demonstrating how  the defendants tried to coerce her into ordering medically unnecessary treatment so the clinics could profit.

As explained during the trial by DOL-OWCP’s chief fiscal officer, FECA does not pay for professional services performed by unlicensed aides. Under FECA rules, a chiropractor can only be paid when they treat spinal subluxation or when they personally perform physical therapy under the direction of, and as prescribed by, a medical doctor. They also cannot direct unlicensed individuals to perform skilled physical therapy services. Specifically, in relation to this case, TWR falsely and fraudulently submitted claims for skilled one-on-one physical therapy services provided by a licensed chiropractor when, in reality, the services were not provided as described.

Rose and his wife were also convicted of money laundering after another TWR employee testified about the pair moving $700,000 out of TWR accounts to hide it from the federal government in July 2013, while federal agents executed search warrants at multiple TWR locations.

Rose has been and will remain in custody pending transfer to a U.S. Bureau of Prisons facility to be determined in the near future.

USPS - OIG, DOL - OIG, IRS - CI, Department of Veterans Affairs - OIG, and Department of Homeland Security – OIG conducted the investigation.  Assistant U.S. Attorneys (AUSA) Julie Redlinger and Daniel Rodriguez prosecuted the case. AUSA Kristine Rollinson handled the forfeiture matters.

PHILADELPHIA – Terrell Hampton who, along with his father and several other family members, defrauded the City of Philadelphia, the Commonwealth of Pennsylvania, and innocent owners and purchasers of Philadelphia real estate, was sentenced to 119 months in prison today, announced U.S. Attorney William M. McSwain.

Hampton, 37, along with his father Kenneth and other family members, stole vacant homes in Philadelphia that belonged to people who could not afford to defend their properties. Kenneth Hampton was convicted and sentenced to 200 months in prison in November.

At the direction of his father, who was in prison at the time, Terrell looked for vacant properties to target, created and filed fraudulent deeds, sought buyers for the stolen properties, and kept Kenneth apprised of scheme developments. They communicated through phone calls, emails, and letters, as well as through Kenneth’s fiancée, co-conspirator Roxanne Mason.

The participants in the scheme moved into the stolen properties under the cover of fake leases that purported to grant them the right to occupancy.  They then found ways to profit from the stolen properties, either by selling the homes to good faith purchasers, by saddling them with debt, or by taking advantage of government programs designed to aid legitimate homeowners.                                                                                    

 “This defendant stole from people who didn’t have the resources to fight back, often resulting in victim battling against victim, homeowner against good faith purchaser,” said U.S. Attorney McSwain. “He lived up to the low example set by his father, and I am proud that the talented case team has put both of them behind bars.”

The case was investigated by the United States Secret Service, Department of Homeland Security - Office of the Inspector General, Federal Bureau of Investigation, and the Office of the Inspector General, City of Philadelphia.  The case was prosecuted by Assistant United States Attorneys Paul G. Shapiro and Sarah M. Wolfe.

A former U.S. Immigration and Customs Enforcement’s Homeland Security Investigations (ICE-HSI) Special Agent pleaded guilty today to devising a wire fraud scheme that defrauded SunTrust Mortgage and the Federal Home Loan Mortgage Corporation (“Freddie Mac”) of over $40,000, announced Acting Assistant Attorney General John P. Cronan of the Justice Department’s Criminal Division.

Shauna Kay N. Sutherland, 37, of Corpus Christi, Texas, pleaded guilty to one count of wire fraud before U.S. District Judge Robert N. Scola Jr. of the Southern District of Florida. 

According to admissions in the plea agreement, Sutherland defrauded SunTrust Mortgage and Freddie Mac into allowing a short sale of her property in Gainesville, Georgia, to a family friend who acted as a straw purchaser.  Sutherland falsely represented that there were no hidden agreements and requested forgiveness of over $40,000 owed on the mortgage due to her purported financial hardship.  Based on those material representations, SunTrust Mortgage and Freddie Mac accepted the short sale offer, with the family friend “purchasing” the property for approximately $34,000, in exchange for SunTrust Mortgage and Freddie Mac releasing Sutherland from her outstanding debt.  Freddie Mac, which had by then purchased the mortgage, calculated a total loss of more than $42,000 as a result of this transaction. 

In reality, however, Sutherland admitted that pursuant to the secret agreement with her family friend, Sutherland herself provided the purchase money for the short sale using funds wired to her by her mother.  Sutherland remained the de facto owner of the property, collected rent from tenants and paid for maintenance.  Sutherland adopted the straw purchaser’s identity to communicate by email about the property and signed that person’s signature on relevant documents.  She also used the straw purchaser’s bank account as a conduit for financial transactions related to the property.  Sutherland, through the straw purchaser, later sold the property in 2013 and used the proceeds to buy another property in Florida.

Sutherland will be sentenced on June 29 before U.S. District Judge Robert N. Scola Jr. of the Southern District of Florida.  

ICE’s Office of Professional Responsibility, the Department of Homeland Security’s Office of Inspector General and the FBI investigated the case with assistance provided by U.S. Customs and Border Protection Office of Professional Responsibility.  Trial Attorneys Luke Cass and Simon J. Cataldo of the Criminal Division’s Public Integrity Section are prosecuting the case.

CAMDEN, N.J. – A Camden woman today admitted defrauding the Federal Emergency Management Administration (FEMA) in 2014 after Hurricane Sandy struck New Jersey in 2012, U.S. Attorney Craig Carpenito announced.

Shanyra Bennett 40, pleaded guilty before U.S. District Judge Jerome B. Simandle in Camden federal court to an information charging her with one count of Disaster Benefits Fraud.

According to documents filed in this case and statements made in court:

When a natural disaster or federal emergency occurs in the United States, federal agencies, such as FEMA, provide relief and assistance to effected individuals and entities.  FEMA provides financial assistance by, among other things, helping effected individuals repair their property.

Due to FEMA's vast size and the typically large number of victims resulting from a disaster, FEMA is frequently targeted in disaster fraud schemes by individuals or groups seeking benefits to which they are not entitled. They do this by submitting fraudulent applications to FEMA for among other things, repairs and rental assistance.

In October 2012, various counties of southern New Jersey, including Camden County, sustained significant damage due to wind, rain, and flooding from Hurricane Sandy.

On Oct. 30, 2012, then-President Obama signed a Presidential Disaster Declaration for the State of New Jersey, enabling eligible individuals to seek financial assistance from FEMA when displaced by the storms.

Bennett admitted today that she applied for FEMA benefits in November 2012, requesting rental assistance, assistance to replace personal property that was damaged and assistance for transportation, as her car was damaged and not drivable.

Bennett faxed FEMA documents claiming that she worked as a senior health aide, which required her to travel for work. She sent FEMA a fraudulent letter indicating that she had insurance through Mercury Indemnity Co. of America. At the time of the hurricane, Bennett did not have insurance with Mercury Indemnity. Bennett also submitted fraudulent invoices from a mechanic in Camden.

Based on these false representations and fraudulent documents, on Dec. 10, 2012, FEMA electronically transferred $5,162 into Bennett’s bank account to replace her 2004 Dodge Durango, which she falsely reported destroyed by the hurricane.

To support her claim for personal property assistance, Bennett faxed FEMA a letter purported to be on the letterhead of her employer, which indicated that she was a Certified Home Health Aid and that her position required a laptop to perform her job. She also faxed FEMA earning statements from a company in Camden for July 2013, August 2013, September 2013 and October 2013. At the time of the hurricane, Bennett was unemployed.

As part of the application process for rental assistance, Bennett provided a fraudulent copy of a lease agreement for a house on South 41st Street, Camden, and fraudulent copies of rental receipt payments for June 2013 through November 2013. Bennett neither rented the property nor paid rent for use of the property.

Based on Bennett’s false statements and representations, between December 2012 and September 2013, FEMA transferred $22,190 in disaster related funds through electronic fund transfers into Bennett’s bank account.

Bennett admitted that she also defrauded FEMA in 2011, when Hurricane Irene struck the area. She admitted that between September 2011 and November 2012, based on her fraudulent claims and representations, she received approximately $30,200 in FEMA disaster related funds.

The charge to which Bennett pleaded guilty carries a maximum potential penalty of 30 years in prison and a fine of $250,000. Bennett=s sentencing is scheduled for June 27, 2018.

U.S. Attorney Carpenito credited special agents of the Department of Homeland Security, Office of Inspector General, under the direction of Special Agent in Charge Mark Tasky, with the investigation leading to today’s guilty plea.

The government is represented by Assistant U.S. Attorney Jason M. Richardson of the U.S. Attorney's Office Criminal Division in Camden in the criminal case.

 TUCSON, Ariz. – Yesterday, Jesus Manuel Franco, a  former United States Border Patrol Agent, 39, of Vail, Ariz., was sentenced by U.S. District Judge Cindy K. Jorgenson, to 18 months’ imprisonment for theft of firearm parts and equipment valued at approximately $100,000 and for the unlawful possession and transfer of  two machinegun conversion devices.  Franco had been previously found guilty of these offenses after a jury trial.                 

     The evidence at trial demonstrated that in 2014, Franco accepted a temporary assignment to the Customs and Border Protection (CBP) Armory in Harper’s Ferry, W. Va.   During a two-month period, Franco unlawfully transferred 47 boxes of firearm parts and equipment from the Armory to the Wilcox, Ariz. CBP Station without authorization and for personal use.  One of the boxes transferred by Franco contained two machine gun conversion devices that qualified under federal law as machineguns.  Franco also charged the government for shipping costs.

     The investigation in this case was conducted by the Department of Homeland Security, Office of Inspector General. The prosecution was handled by Jane L. Westby and Sarah B. Houston, Assistant U.S. Attorneys, District of Arizona, Tucson.

CASE NUMBER:            CR-16-00268-TUC-CKJ

RELEASE NUMBER:    2018-19_Franco

# # #

For more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az/

Fugitive Sought

HOUSTON – A man and woman from Houston are set to appear in federal court on charges related to health care fraud and money laundering, announced U.S. Attorney Ryan K. Patrick. Law enforcement are searching for a third individual also indicted in the case.

George Phillip Tompkins, 73, and Marene Kathryn Tompkins, 66, were taken into custody Thursday. They are expected in court for an arraignment and counsel determination hearing before U.S. Magistrate Judge Dena H. Palermo at 10:00 a.m. today.

Authorities are still seeking a third defendant - Anoop Kumar Chaturvedi, 46, a legal permanent resident from India in connection with the charges. A warrant remains outstanding for his arrest. Anyone with information about his whereabouts is asked to contact the U.S. Postal Service – Office of Inspector General (USPS-OIG) at 1-888-877-7644.

The three are charged in a 17- count indictment that was returned Jan. 24, 2018, and unsealed Feb. 16, with violating the anti-kickback statute, conspiracy to commit health care fraud, health care fraud, wire fraud and conspiracy to launder money.

The Tompkins owned Piney Point Pharmacy on Fondren Road in Houston. The indictment alleges they conspired with Chaturvedi and others to induce the referral of compound gel and cream prescriptions to the pharmacy for dispensing and billing under health benefit programs, including the Federal Employees Compensation Act program (FECA).

Beginning around September 2009 and continuing through approximately September 2016, the indictment alleges the trio engaged in health care fraud and wire fraud as well as illegal kickbacks. The pharmacy allegedly billed the Department of Labor (DOL) - who administered the FECA program - at least $23,392,281 for compound gel and cream medications dispensed pursuant to illegitimate prescriptions and the result of kickback payments. The DOL paid approximately $11,663,704 on the fraudulent claims. The indictment lists several dates when compound gels and creams were dispensed to hundreds of patients, ordered by the same physician. Chaturvedi allegedly distributed a standardized prescription order form and directed the number of mediation refills to be ordered. 

The indictment describes compounding as a practice of compounding and creating medications tailored to individual patient needs. George Tompkins was the pharmacist in charge and allegedly referred to himself as the “Compound King.” Marene Tompkins was identified as the pharmacy Vice President, Secretary and Treasurer, while Chaturvedi owned several other businesses in the Houston area, according to the charges.

“The indictment obtained today should send a clear message to healthcare providers that the government is vigilant and vigorously protecting federal benefits programs from corruption,” said Special Agent in Charge Christopher Cave of USPS-OIG , Southern Area Field Office. “The USPS-OIG, along with our law enforcement partners, will continue to investigate these types of cases in order to protect the Office of Workers’ Compensation Programs and USPS from further fraud and abuse.”   

If convicted of the money laundering conspiracy, they face up to 20 years in federal prison. Each also faces up to 10 years in prison for convictions of either conspiracy to commit health care fraud, health care fraud and wire fraud as well as a maximum of five years for conspiracy to pay kickbacks. 

USPS-OIG, DOL-OIG, IRS-Criminal Investigation, Department of Veterans Affairs – OIG and Department of Homeland Security – OIG conducted the investigation. Assistant U.S. Attorney Julie Redlinger is prosecuting the case.

WASHINGTON – A former U.S. Immigration and Customs Enforcement-Homeland Security Investigations (ICE-HSI) Special Agent was sentenced today to 36 months in prison for accepting bribes in exchange for orchestrating, through multiple misrepresentations to numerous government agencies, the dismissal of a drug trafficking indictment filed against a fugitive narcotics kingpin, announced Acting Assistant Attorney General John P. Cronan of the Justice Department’s Criminal Division. 

            According to admissions in his plea agreement, Christopher V. Ciccione II, 52, of Phoenixville, Pennsylvania, accepted cash and other things of value and used his official position to cause a drug trafficking indictment against Colombian national Jose Bayron Piedrahita Ceballos to be dismissed.  Piedrahita and Colombian national Juan Carlos Velasco Cano met with Ciccione in Bogota, Colombia in December 2010, where they provided him with approximately $20,000 in cash, dinner, drinks and prostitutes.  In exchange, Ciccione disclosed the identities of confidential sources cooperating against Velasco three times,  made numerous misrepresentations to the U.S. Attorney’s Office and HSI management, and altered law enforcement records to represent to decision makers that Piedrahita was a “former” suspect of a closed investigation, rather than a “current” subject; that Piedrahita was “never positively identified” during that investigation; and that his case should be dismissed because no one could obtain probable cause to “supersede another indictment.”  Ciccone also falsified the concurrence of several other federal agents and attempted to parole Piedrahita into the United States.   

“Christopher Ciccione abused his law enforcement authority for personal profit,” said Acting Assistant Attorney General Cronan.  “His actions not only comprised an ongoing investigation and nearly allowed a dangerous drug kingpin to escape justice, but they also betrayed the public trust placed in him to carry out his sworn duties with integrity.  Today’s sentence demonstrates the hard work of our federal law enforcement partners to bring criminals to justice—no matter who they are.”  

            Ciccione was sentenced by U.S. District Judge Robert N. Scola Jr. of the Southern District of Florida.  Velasco was sentenced to 27 months in prison on Jan. 17.  Piedrahita is currently incarcerated in the Republic of Colombia.   

The U.S. Department of the Treasury’s Office of Foreign Assets Control designated Piedrahita as a Specially Designated Narcotics Trafficker pursuant to the Foreign Narcotics Kingpin Designation Act on May 3, 2016.  

ICE’s Office of Professional Responsibility, Department of Homeland Security’s Office of Inspector General and the FBI investigated the case.  The Justice Department’s Office of International Affairs and Office of the Judicial Attaché in Colombia and the Drug Enforcement Administration provided valuable assistance to the investigation.  The Colombian Attorney General’s Office also provided invaluable support. Trial Attorneys Luke Cass and Jennifer A. Clarke of the Criminal Division’s Public Integrity Section are prosecuting the case.

# # #

18-157

Assistant U. S. Attorneys Michael G. Wheat (619) 546-8437, Alessandra P. Serano (619) 546-8104, Jennifer E. McCollough  (619) 546-8773

NEWS RELEASE SUMMARY – February 2, 2018

SAN DIEGO – Martin Rene Duran, a former supervisory United States Border Patrol Agent, was convicted by a federal jury today of seven counts of illegal transportation of firearms and one count of possession of a short-barreled rifle following a three-day trial.

According to evidence presented at trial, Duran purchased seven firearms in Arizona in 2011, 2013 and 2014.  Duran made these purchases using an Arizona driver’s license with an address where he never lived and claimed Arizona residency even though he resided in California.  At the time of the execution of a federal search warrant in October 2015, Duran was in possession of multiple firearms that were illegal in California and one short-barreled rifle. 

Duran is scheduled to appear before Senior U.S. District Judge Marilyn L. Huff on April 30, 2018 at 9:00 a.m. for sentencing.

“Federal law enforcement officers are not above the law,” said U.S. Attorney Adam L. Braverman. “All citizens are required to abide by the laws of the United States.”

“This decision affirms the efforts the Department of Homeland Security makes to hold its personnel to the highest standard and shows it will not tolerate malfeasance which tarnishes the hard work performed by employees on a daily basis,” said Jeffrey Gilgallon, Special Agent in Charge, ICE Office of Professional Responsibility.

“Bringing a case against another federal agent is never pleasant, but we hold public safety and a commitment to justice above all,” said Bill McMullan, Special Agent in Charge of the ATF Los Angeles Field Division.  “It is ATF’s mission to quell firearm trafficking and when we see those engaged in illegal firearms activity we act on it.”

DEFENDANT                                                           Case Number 15cr2817-H                                       

Martin Rene Duran                 Age: 48                       Chula Vista, CA

SUMMARY OF CHARGES

Title 18, United States Code, Section 922(a)(3) – Illegal Transportation of Firearms: Maximum Penalties: 5 years’ incarceration, a fine of $250,000, three years of supervised release.

Title 26, United States Code, Sections 5861 and 5871 – Possession of Unregistered Firearm: Maximum Penalties: 10 years’ incarceration, a fine of $250,000, three years of supervised release.

AGENCIES

Bureau of Alcohol, Tobacco, Firearms and Explosives

Immigration and Customs Enforcement – Office of Professional Responsibility

Department of Homeland Security – Office of Inspector General

U.S. Customs and Border Protection - Office of Professional Responsibility

BOSTON – A former Boston Police Sergeant Detective was sentenced today in federal court in Boston for repeatedly making false statements so that he could fly armed on personal trips and enable a friend to fly with him without being screened by security personnel at Boston’s Logan International Airport.

Bruce E. Smith, 53, of Randolph, was sentenced by U.S. District Court Judge Leo T. Sorokin to one year of probation and ordered to pay a fine of $7,500. In September 2017, Smith agreed to plead guilty to three counts of making false statements to the Transportation Security Administration (TSA) and the Department of Homeland Security and one count of unlawfully entering a secure airport area with intent to evade security requirements. Smith also agreed to resign from the Boston Police Department.

Beginning in 1989, Smith was employed by the Boston Police Department and most recently served as a Sergeant Detective assigned to District E-13, Jamaica Plain, as a district detective supervisor. Between May 2011 and April 2017, Smith flew armed on approximately 28 separate trips departing from Logan Airport even though he was not on official business, which is a violation of federal law. On each of those trips, he falsely claimed that he had obtained supervisor approval for his travel. On at least two of the trips, Smith also escorted or attempted to escort a friend through Logan Airport without security screening. Smith falsely claimed that his friend was a “dignitary” under Smith’s official police escort. When questioned by TSA security personnel as to what type of dignitary his friend was, Smith falsely replied, “I am not at liberty to divulge that information.” In fact, Smith’s friend, who has a criminal record, is not a dignitary, but a mobile clinic operator.

United States Attorney Andrew E. Lelling; Boston Police Commissioner William Evans; and Mark Tasky, Special Agent in Charge of the Department of Homeland Security, Office of Inspector General, Washington Field Office, made the announcement today. The investigation was conducted jointly by BPD’s Anti-Corruption Division and DHS-OIG. Assistant U.S. Attorney Zachary R. Hafer of Lelling’s Public Corruption and Special Prosecutions Unit prosecuted the case.