Participated in at least two armed robberies of letter carriers, one in Antioch and one in San Francisco
Enforcement actions are coupled with announcement of $150,000 reward for information leading to arrest and conviction of additional suspects
By U.S. Attorney’s Office, Northern District of California
OAKLAND – Tuesday, October 10, 2023 – U.S. Attorney Ismail J. Ramsey and U.S. Postal Inspector in Charge Rafael Nuñez announced today that multiple arrests have been made in cases involving the interference with delivery of the U.S. mail. The announcement was made at a press conference held this morning at the Ronald V. Dellums Federal Building.
The theft of postal keys, break-ins of postal vehicles, assaults on letter carriers, and various other criminal acts involving interference with delivery of the mail and the alleged illegal possession of personally identifying information were all discussed at the press conference. According to U.S. Attorney Ramsey, defendants in each case now are facing severe federal penalties that make clear their alleged crimes were not worth the consequences. (See surveillance video released by the U.S. Postal Inspection Service of the alleged suspects, here and here)
“In each of the cases I will discuss,” said U.S. Attorney Ramsey, “the government alleges the defendants have violated federal criminal laws and, as a consequence, federal agents and local law enforcement has tracked them down . . .. The penalties for these crimes can be sobering.”
Inspector in Charge Nuñez reinforced the U.S. Attorney’s remarks and announced that the reward for information leading to arrest and conviction of any individual who robs or assaults a postal worker is now $150,000.
“There is no more important mission for us as federal agents than protecting postal workers from crime and violence,” said Inspector in Charge Nuñez. “To any copycats or wannabes out there who might consider robbing a postal worker, I ask you to consider the years you will face in federal prison, the price on your head, and that postal inspectors will not stop hunting you. The proceeds of this crime are not worth your freedom.”
U.S. Attorney Ramsey stated that most of the cases involved the theft of specialized postal keys that often grant access to large mailboxes or mail storage facilities. Holding one such postal key in his hand, U.S. Attorney Ramsey explained that federal laws have been “carefully crafted to protect the sanctity of the mail, including the sensitive information we entrust to the mail system; the safety of the federal employees and contractors who deliver the mail; and the federal property that is used to ensure mail delivery.” He then went on to describe how three of the defendants are alleged to have violated the law as follows:
• Robert Devon Nicholson Bell, Jr., 19, of Antioch, Calif., is alleged to have participated in at least two armed robberies of letter carriers, one in Antioch and one in San Francisco. Allegations in the criminal complaint filed against the defendant describe Bell’s use of mail keys to steal mail from blue mailboxes. According to a criminal complaint, Bell was found in Antioch in possession of robbed postal keys, a substantial quantity of stolen mail, a fraudulent USPS ID with his picture, and stolen and counterfeit checks. He now faces a statutory maximum of 10 years in prison for the unlawful possession of the postal key, as well as 25 years for each of the armed robberies. (Case No. 23-mj-71439 MAG)
• Anthony Medina, 42, of American Canyon, Calif., is alleged to have unlawfully possessed seven mail keys. According to the complaint, officers with the San Francisco Police Department were attempting to perform a traffic stop when the defendant attempted to flee. Officers arrested the defendant and, in addition to the keys, defendant is alleged to have possessed credit cards in the names of other individuals, images of suspected stolen mail, and access codes for an apartment complex in San Francisco. Medina now faces 10 years in prison for each violation of 18 U.S.C. section 1704—the unlawful possession of the postal keys, as well as possible prosecution for unlawful possession of mail and credit cards. (Case No. 23-mj-71443 MAG)
• Derek Hopson, 33, of Oakland, Calif., is alleged to have stolen mail and postal keys in two separate incidents that occurred in June of 2023. The complaint alleges the San Francisco Police Department responded to a burglary in progress at a residence in the Mission District of San Francisco when officers encountered the defendant in possession of several postal keys. Hopson also allegedly used a mailbox key to gain access to mailboxes at a residential complex in the Presidio of San Francisco. He now faces a statutory maximum of 15 years in prison for violating 18 U.S.C. sections 1704 and 1706. (Case No. 23-mj-71403 MAG)
Indictments and criminal complaints merely allege that crimes have been committed, and all defendants are presumed innocent until proven guilty beyond a reasonable doubt. Further, in addition to the prison terms described, as part of any sentence following conviction the court may order defendants to serve an additional term of supervised release to begin after a prison term, additional fines, and restitution, if appropriate. However, any sentence following conviction would be imposed by the court only after consideration of the U.S. Sentencing Guidelines and the federal statute governing the imposition of a sentence, 18 U.S.C. § 3553.
The prosecution of these cases are the result of investigations by the United States Postal Inspection Service.
By U.S. Attorney’s Office, Eastern District of California
SACRAMENTO, Calif. — Juan Valentin Manriquez, 21, of Antioch, was sentenced today to three years and eight months in prison for unlawful dealing in firearms, U.S. Attorney Phillip A. Talbert announced.
According to court documents, co-defendant Andrew Jace Larrabure-Tuma used Snapchat to advertise narcotics and guns for sale. Law enforcement used undercover officers and a confidential informant to buy guns from Tuma. Tuma of Sacramento was 19 years old and could not legally purchase a gun in the state of California. Tuma ultimately introduced the informant working for law enforcement to his gun supplier, Manriquez. During the course of the following month, Manriquez sold the informant nine guns in exchange for cash.
This case was the product of an investigation by the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Sacramento Police Department, and the Western El Dorado Narcotics Enforcement Team. Assistant U.S. Attorney Justin Lee prosecuted the case.
Tuma pleaded guilty to unlawful dealing and manufacturing firearms and was sentenced to three years and four months in prison.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the U.S. Department of Justice launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.
Current and former Antioch officers arrested on Thursday, August 17, 2023, are (top L-R) Community Service Officer Samantha Genoveva Peterson, Officers Morteza Amiri and Eric Allen Rombough and (bottom L-R) former officers Devon Christopher Wenger, Timothy Allen Manly Williams and Daniel James Harris. Photos: APD
Press conference held on arrests, indictments of 3 current, 3 former APD, 3 former Pittsburg and 1 Oakland Housing Authority cops; face up to 10 to 20 years in prison and $250,000 to $500,000 in fines
Three Antioch officers charged with civil rights crimes for their alleged conspiracy to use unnecessary force in deploying munitions and a police K-9
“This is a complicated investigation. These always are.” – U.S. Attorney Ismail Ramsey – “Every defendant is assumed innocent until proven guilty in a court of law. No defendant is charged with all the charges in all the conduct.”
By Allen D. Payton
U.S. Attorney for the Northern California District Ismail Ramsey in his first press conference in San Francisco and Special Agent in Charge of the FBI San Francisco Division Robert Tripp, shared information about the 10 current and former Antioch and Pittsburg Police officers who were arrested this morning on multiple charges. It follows the four indictments issued by the federal Grand Jury, yesterday and which were unsealed, today.
Joining Ramsey and Tripp at the press conference were Contra Chief Assistant District Attorney Simon O’Connell and several members of the prosecution team, Laura Vartain, Chief of the U.S. Department of Justice Northern California Special Prosecution Unit including Alethea Sargent, Assistant U.S. Attorney,Criminal Division, Eric ChengAssistant U.S. Attorney,Special Prosecutions, and Assistant U.S. Attorney Ajay Krishnamurthy.
Former Pittsburg Officer Amanda Carmella Theodosy (aka Nash), Ernesto Juan Mejia-Orozco and Patrick James Berhan were arrested on Thursday, Aug. 17, 2023. Photos: Pittsburg PD (A photo of Oakland Housing Authority officer Brauli Rodriguez Jalapa could not be located).
Indicted and arrested are current Antioch officers Morteza Amiri, Eric Allen Rombough and Community Service Officer Samantha Genoveva Peterson, former APD officers Daniel James Harris, Devon Christopher Wenger and Timothy Allen Manly Williams, as well as former Pittsburg officers Amanda Carmella Theodosy (aka Nash), Patrick James Berhan and Ernesto Juan Mejia-Orozco, and Oakland Housing Authority officer and Brauli Rodriguez Jalapa.
U.S. Attorney for Northern California Ismail Ramsey holds a press conference with and Special Agent in Charge of the FBI San Francisco Division Robert Tripp, (2nd from left), Assistant U.S. Attorney, Special Prosecutions Eric Cheng, Contra Chief Assistant District Attorney Simon O’Connell and Assistant U.S. Attorney Ajay Krishnamurthy. Screenshot of NBC Bay Area News video.
After a year-and-a-half investigation by the FBI and Contra Costa DA’s Office for what were referred to as “crimes of moral turpitude”, committed by the current and former officers were finally described. Ramsey said they include conspiracy to violate civil rights, conspiracy to commit wire fraud, distributing anabolic steroids, obstruction and civil rights violations.
“Every defendant is assumed innocent until proven guilty beyond a reasonable doubt in a court of law. No defendant is charged with all the charges in all the conduct,” he stated.
Ramsey then described the four indictments against the officers.
The first he labeled the “college degree benefits fraud indictment” in which “officers sought to defraud the Antioch and Pittsburg Police Departments. They hired people to attend classes and take exams for them. They conspired…to reap the financial benefits without putting in the work.”
“Two defendants are charged with distributing anabolic steroids,” Ramsey continued. “One of the two defendants destroyed evidence. Those are former Antioch officers Daniel Harris and Devon Wenger.
“One defendant is charged with obstruction indictment,” he continued. “A police officer destroyed, altered evidence to obstruct a federal investigation…monitored a wiretap. He used his own personal phone to call a defendant in the wiretap.” That refers to former Antioch officer Timothy Allen Manly Williams.
Ramsey said he is “Also charged with a civil rights violation in confiscating a citizen’s phone and destroying it to conceal evidence.”
The fourth he referred to as the “deprivations of rights indictment…a 29-page indictment of three officers in the Antioch Police Department.” They include the “improper deployment of canines and weapons to harm individuals in and around Antioch. They boasted about illegal use of force and texted photos of injured individuals,” Ramsey said. That indictment includes current officers Morteza Amiri, Eric Allen Rombough and Wenger.
He referred to them as “a group of officers who acted is if they were above the law. They tried to escape scrutiny by failing to submit truthful reports and deploy body warn cameras.”
Asked later about that claim since Antioch officers didn’t have body worn cameras during the time period of their alleged crimes, DOJ Nor Cal spokesman Abraham Simmons responded, “I am certain he is referencing the allegations actually in the indictments. I can look again at the indictments.”
“Officers take an oath,” Ramsey continued during the press conference. “The indictments paint a picture, today that demonstrate officers who have violated that oath.
“All officers indicted have been arrested,” he added and thanked those involved including CCDA Becton.
FBI Special Agent in Charge Tripp said, they “arrested nine subjects. All are or were associated with the Pittsburg or Antioch Police Departments. Three were current employees who had been placed on administrative leave.”
The arrests were made in “the Bay Area, Hawaii and Texas” and “more than 100 law enforcement employees participated,” he stated.
Tripp said it was the result of “more than two years of painstaking work.”
“The FBI treated these arrests like any other operation,” he said. “We used the same techniques and assessed the risks.
“This case has been the SF Field Office’s top priority,” Tripp continued. “We use the term color of law for the shorthand of someone using their official position to undermine public confidence in the law and undermine the fundamental rights of our citizens.”
“Color of law violations will not be tolerated. Not all indictments are color of law violations. Any breach of the public trust is unacceptable. Nobody is above the law,” he stated.
In response to a question from a member of the media “will more indictments be coming down,” Ramsey said, “The investigation is still continuing,” Ramsey said.
Asked “can we expect any state charges?” he said. “We’re here to comment on our charges. The investigation on the federal side is continuing. We are now at the point where we have indictments returned and individuals in custody.”
Asked where the court cases will be held Ramsey said, “This case is venued in Oakland. There have been numerous hearings today. The schedule for additional appearances is being worked out.”
Asked about those arrested in Texas and Hawaii Ramsey said, “The arraignments for those will happen in the districts where they were arrested. They then have to…be brought to here, to address the charges on this case.”
“Civil rights violations under the color of law are a priority…of my office and the FBI’s,” he stated
Asked about the text messages he responded, “As laid out in the indictment there’s a series of text messages…in which officers are bragging about violating citizens’ civil rights and texting photos of citizens. We believe these are egregious and has led to these charges. This is a complicated investigation. These always are. We have four of the ASA’s who worked tirelessly on this case. They’re prepared to take steps necessary to prosecute.”
“Civil rights violations are a unique priority of ours. I don’t want you to think steroid distribution or wire fraud are not serious. They’re federal violations,” Ramsey added.
Press Release Offers Additional Details in Indictments
A press release labeled “Bad Apples Indictment” was issued later Thursday with additional details about the indictments:
At the press conference, U.S. Attorney Ramsey referred to the first indictment as the “college degree benefits fraud indictment.” According to the indictment, six defendants engaged in a conspiracy to defraud police departments out of taxpayer dollars, including the Antioch and Pittsburg Police Departments, by claiming they had earned college credits toward degrees when, instead, they paid others to attend classes and take exams for them. Specifically, beginning in June of 2019, Officer Patrick James Berhan of the Pittsburg Police Department utilized a person identified as “Individual 1” to complete multiple college courses on his behalf. The courses were credited toward Berhan’s completion of a Bachelor of Science degree in Criminal Justice. Berhan allegedly received a degree and then applied for and received reimbursements and increases to his pay from Pittsburg Police Department. Further, the indictment alleges Berhan “promoted Individual 1’s services” and “benefited from payments received by Individual 1 in furtherance of the scheme.” The indictment describes how five other members of the police departments retained Individual 1 to complete similar coursework from the university. Each paid money to Individual 1, obtained a degree based on the fraudulent coursework, and applied for benefits including reimbursements and increases in pay from their law enforcement employer.
The second indictment charges two defendants with conspiring to distribute anabolic steroids. The indictment describes how Officers Daniel Harris and Devon Wenger, both of the Antioch Police Department, allegedly conspired illegally to distribute the drugs to an unnamed customer. The indictment also alleges that Harris possessed and attempted to possess the drugs, and that Wenger attempted to delete evidence of the scheme from his cellular phone prior to handing the phone over to law enforcement officers.
The third indictment charges a single defendant, Timothy Allen Manly Williams (Manly), also then with the Antioch Police Department, with three charges—two involving alleged interference with a wiretap investigation and the third involving the illegal seizure and destruction of a telephone. The indictment alleges that on March 23, 2021, Manly was assigned to a “wire room” where, pursuant to a court order, he was supposed to monitor communications between a target and others who contacted the target by telephone. While monitoring the target, Manly allegedly used his personal cellphone, dialed a special code to ensure his number would not appear to others, and called a target of the investigation. After dialing the number, Manly also designated his call to the target to be “non-pertinent” ensuring the 14-second conversation would not be recorded. Manly also allegedly made entries on the wire logs to suggest that the call he made resulted in no answer and no audio. The indictment further alleges that on May 6, 2021, Manly was on the scene when another officer deployed a police dog when arresting a person. Upon seeing a witness using a cellular telephone to record the aftermath of the incident, Manly allegedly seized the witness’s telephone and destroyed it.
The fourth indictment charges three Antioch police officers—Morteza Amiri, Eric Rombough, and Devon Wenger—with conspiracy against rights and deprivation of rights under color of law. The 29-page indictment describes how the defendants allegedly communicated with each other and others about using and intending to use excessive force against individuals in and around Antioch. The uses of excessive force included deployment of a K9, deployment of a 40mm “less lethal” launcher, and other unnecessary violence. Further, the indictment alleges that the defendants deployed uses of force as “punishment” to subjects “beyond any punishment appropriately imposed by the criminal justice system,” and allegedly made repeated reference to or suggestion of violating the civil rights of their victims. Examples in the indictment include the following:
On July 24, 2019, Amiri allegedly pulled over a bicyclist, identified as A.A., for failing to have lights on after dark. The indictment alleges that “[i]n the course of apprehending A.A., Amiri punched him multiple times; K9 Purcy then bit A.A. in the arm, injuring him.” Amiri then shared pictures of the victim’s wounds with other Antioch police officers who exchanged text messages including: “Yeah buddy good boy pursy,” “F[expletive] that turd,” and Amiri later stated “Detectives already called PRCS and got him a 45 day violation and we are gonna leave it at that so i don’t have to go to court for the bite. easy.” In response to a question from another officer about what cut the dog’s face, Amiri responded, “that’s a piece of the suspect’s flesh lol.”
On October 8, 2020, Amiri allegedly sent a text message identifying a transient living in Antioch identified as M.Z. stating “anyone that finds him gets code [a free meal or beverage]. This f[expletive] stole my mail and was trying to open accounts under my name.” Wenger responded “Lets beat his f[expletive] ass I’m down after work morty” According to the indictment, the recipients of Amiri’s message located M.Z. later that evening. Amiri then arrived on the scene, shoved M.Z. against a wall and threatened to kill him. The indictment also alleges that a few months later Amiri texted another group of officers in reference to M.Z., “few months ago, I tracked him down and dragged him to the back of a car to ‘discuss’ the matter,” and “putting a pistol in someone’s mouth and telling them to stop stealing isn’t illegal. . . it’s an act of public service to prevent further victims of crimes”
On May 5, 2021, Rombough accompanied other Antioch police officers who responded to a report that transients were living inside a privately-owned unit. While responding, Rombough and another officer located a couple lying on a bed inside a room. Rombough deployed a 40mm less lethal launcher at one of the persons on the bed, hitting them in the chest and knocking them off the bed.
On August 24, 2021, Rombough accompanied other Antioch police officers as they executed a search warrant at a residence in Antioch. Officers located a subject—identified as J.W.—inside a locked bedroom holding a video game controller while sitting on an air mattress, with a video game on a television screen. J.W. removed a pair of headphones and raised his hands as officers, including Rombough, entered the room. One officer took J.W.’s left arm to arrest him as four other officers surrounded J.W. As the other officer held J.W.’s left arm on the bed, Rombough deployed the 40mm less lethal launcher at J.W., injuring him.
The indictment describes several other incidents of excessive force as well as the collection and sharing of pictures to memorialize acts of violence and the collection by defendant Rombough of spent munitions to commemorate his deployment of the 40mm launcher.
An indictment merely alleges that crimes have been committed, and all defendants are presumed innocent until proven guilty beyond a reasonable doubt.
The indictments charge the following defendants with crimes as follows:
Source: U.S. Attorney’s Office Northern California District
In addition, as part of any sentence following conviction, the court may order defendants to serve an additional term of supervised release to begin after a prison term as well as additional fines, and restitution, if appropriate. Any sentence following conviction would be imposed by the court only after consideration of the U.S. Sentencing Guidelines and the federal statute governing the imposition of a sentence, 18 U.S.C. § 3553.
The case is being prosecuted by the Special Prosecutions Section and Oakland Branch of the United States Attorney’s Office. The prosecution is the result of an investigation by the FBI and the Office of the District Attorney of Contra Costa County.
Judges’ calendars with schedules for upcoming court hearings can be viewed on the court’s website at www.cand.uscourts.gov.
“Police officers promise to enforce laws for the protection of the public and to protect the rights of the accused,” said U.S. Attorney Ramsey. “That is the job. The indictments describe officers who are alleged to have violated this oath. When this happens, the damage done to the public trust cannot easily be calculated. This office will not rest until all persons who have engaged in this sort of behavior are apprehended and prosecuted.”
“This case is one of the highest priorities for the San Francisco Field Office,” said FBI Special Agent in Charge Tripp. “Law enforcement officers bear a tremendous responsibility to police our communities lawfully in keeping with the constitution, and we must always be true to that guiding principle. I want to extend my sincere appreciation to the FBI agents, analysts, and law enforcement partners who worked tirelessly on this case and whose efforts culminated in the operations today.”
Edmodo, LLC allegedly collected names, email addresses, phone numbers, device information, and IP addresses of approximately 36 million children under 13 for advertising purposes until approximately September 2022 and “retaining this personal information indefinitely”
Antioch Unified didn’t use it.
The Department of Justice, together with the Federal Trade Commission (FTC), today announced that Edmodo, LLC (Edmodo) has agreed to a permanent injunction and a $6 million civil penalty in connection with its online educational platform, as part of a settlement to resolve alleged violations of the Children’s Online Privacy Protection Act (COPPA), the Children’s Online Privacy Protection Rule (COPPA Rule), and the Federal Trade Commission Act. The civil penalty is suspended due to Edmodo’s inability to pay.
The Edmodo educational platform, sold to schools throughout the United States, enabled teachers to interface with students, including children under 13 years old, to host virtual class spaces, conduct discussions, share materials, make assignments, and provide quizzes and grades, among other things. In a complaint filed in the U.S. District Court for the Northern District of California, the government alleges that, until approximately September 2022, Edmodo collected the personal information of children under 13, including their names, email addresses, phone numbers, device information, and IP addresses. Edmodo allegedly collected such information without providing notice to the children’s parents or obtaining parental authorization to collect such personal information, as required by the COPPA Rule, and used this personal information to enable third parties to display targeted advertising to student users between 2018 and September 2022.
According to a May 2023 article by Human Rights Watch, “Edmodo was a website and app widely used by children in kindergarten, elementary, and middle schools across the US until September 2022, when the company pivoted to only selling its product to governments. The company benefited from explosive demand in 2020, reporting a 1,500 percent increase in users in the first five months of the pandemic as governments and schools rushed to connect children to online learning.
An investigation by Human Rights Watch in May 2022 found that Edmodo was designed with the capacity to surveil children and harvest their personal data for advertising. Our technical analysis found that Edmodo could not only invisibly tag children and identify their devices for the sole purpose of advertising to them, but also enabled other advertisers to do the same by embedding ad-specific third-party code on its platform. After multiple requests for comment, Edmodo told Human Rights Watch in July 2022 that it did ‘not share [its students’] personal data with any Edmodo business partners or third parties.’”
The complaint further asserts that Edmodo was retaining this personal information indefinitely. As of March 2020, Edmodo retained the personal information associated with approximately 36 million student accounts, of which only one million were actively using the platform. This indefinite retention violated COPPA’s requirement that an operator not retain personal information of children for longer than “reasonably necessary to fulfill the purpose for which [the information] was collected.”
The stipulated order, entered by the federal district court yesterday, enjoins Edmodo from collecting personal information from children in a manner that violates the COPPA Rule and prohibits Edmodo from retaining children’s personal information for longer than reasonably necessary to fulfill the purpose for which it was collected. The order also enjoins Edmodo from collecting more personal information than reasonably necessary for a child to participate in any activity offered on its service. It also requires Edmodo to destroy personal information improperly collected from children under age 13 and to comply with reporting, monitoring, and recordkeeping requirements. Edmodo is also subject to a civil penalty judgment of $6 million dollars, which is suspended due to Edmodo’s inability to pay.
“Children do not lose their privacy protections when they use the internet,” said U.S. Attorney Ismail J. Ramsey for the Northern District of California. “Congress and the FTC have established rules to govern websites and apps collecting and storing the personal information of children. The settlement being announced today demonstrates the Department of Justice’s resolve to enforce those rules. We will continue to work with our partners at the FTC to safeguard children’s online privacy.”
“The Justice Department takes seriously its mission to protect the online privacy rights of children and their parents. This order spells out clearly to all online providers that it is unacceptable to collect children’s personal information without their parents’ consent,” said Principal Deputy Assistant Attorney General Brian M. Boynton, head of the Department of Justice’s Civil Division. “The department is committed to protecting against unauthorized online collection and retention of information, especially from children.”
“This order makes clear that ed tech providers cannot outsource compliance responsibilities to schools, or force students to choose between their privacy and education,” said Director Samuel Levine of the FTC’s Bureau of Consumer Protection. “Other ed tech providers should carefully examine their practices to ensure they’re not compromising students’ privacy.”
This matter was handled by Assistant U.S. Attorney Vivian Wang for the Northern District of California, Senior Trial Attorney James T. Nelson and Assistant Director Lisa Hsiao of the Civil Division’s Consumer Protection Branch, and Gorana Neskovic and Peder Magee of the FTC.
Antioch Unified Didn’t Use Edmodo’s Technology
Superintendent Stephanie Anello said the Antioch Unified School District did not use Edmodo’s technology for online education during COVID.
By U.S. Attorney’s Office, Northern District of California, U.S. Department of Justice
SAN FRANCISCO – Sutter Health, a Sacramento-based health care services provider, and its affiliate Sutter Bay Hospitals, the successor to Sutter East Bay Hospitals dba Alta Bates Summit Medical Center (collectively Sutter Health), agreed to pay more than $13 million to settle allegations that it violated the federal False Claims Act by billing the United States for toxicology screening tests performed by outside labs, announced United States Attorney Stephanie M. Hinds; Federal Bureau of Investigation San Francisco Special Agent in Charge Robert K. Tripp; Office of Personnel Management Office of Inspector General (OPM OIG) Special Agent in Charge Amy K. Parker; Department of Health and Human Services Office of Inspector General (HHS-OIG) Special Agent in Charge Steven J. Ryan; Department of Defense Office of Inspector General, Defense Criminal Investigative Service (DCIS) Western Field Office Special Agent in Charge Bryan D. Denny; and the Defense Health Agency (DHA). Sutter Health DOJ Settlement Agrmt 10.17.2022
“Sutter Health agreed to pay $13 million to settle allegations that it billed government health programs for lab tests performed by others,” said U.S. Attorney Stephanie M. Hinds. “Government health care programs must be protected, and this office will investigate and pursue health care providers that fail to provide the services paid for by public health care programs.”
“Investigating health care fraud and abuse is a priority for the FBI,” said FBI San Francisco Special Agent in Charge Robert K. Tripp. “These cases are often worked in conjunction with our federal law enforcement partners, and this settlement is a great example of the multi-agency investigative team’s hard work to protect the integrity of the Federal Employees Health Benefits Program.”
“The OPM OIG is committed to protecting the Federal Employees Health Benefits Program from fraudulent claims,” said OPM OIG Special Agent in Charge Amy K. Parker. “I applaud the dedicated team for their effort in securing today’s settlement.”
“When medical providers charge federal health care programs for services that other providers actually performed, the integrity of these programs is undermined,” said HHS-OIG Special Agent in Charge Steven J. Ryan. “Working with our law enforcement partners, we will continue to uproot and investigate such schemes.”
“Today’s announced outcome concludes a collaborative effort to hold Sutter Health accountable for its improper billing practices that harmed our health care system, including the Department of Defense’s TRICARE program,” said DCIS Western Field Office Special Agent in Charge Bryan D. Denny. “DCIS will continue to work closely with our law enforcement partners to protect the integrity of the health care system.”
“We commend the Department of Justice, the U.S. Attorney’s office, and the other state and federal agencies for their commitment to justice,” stated the Defense Health Agency. “Their efforts protect taxpayer dollars to ensure our service members, veterans and their families continue to receive the highest level of medical care.”
The United States contends in the civil settlement agreement signed by Sutter Health that under the terms of a contract which the Sutter Health hospital Alta Bates Summit Medical Center entered into with Navigant Network Alliance, LLC, Navigant referred urine toxicology specimens obtained from physicians and laboratories across the country to Sutter. Sutter submitted bills, or caused bills to be submitted, for reimbursement of the qualitative and quantitative testing it performed on the specimens. The United States asserts that Sutter did not perform the quantitative testing on thousands of specimens referred under the agreement and that these quantitative tests were instead performed by third-party labs. The United States alleges that Sutter nevertheless sought reimbursement for the tests. In the settlement agreement, the United States contends that between August 1, 2016, and June 30, 2017, Sutter billed for urine toxicology tests it did not perform and was paid for the testing by the Federal Employees Health Benefits Program, Medicare, Medicaid, and Tricare.
Sutter agrees in the settlement agreement to pay $13,091,452 to settle the false claims allegations. Of that amount, Sutter has already paid more than $6.5 million to the United States. Sutter agrees to pay the remaining amount of approximately $6.5 million to the United States within 30 days. The settlement agreement resolves the civil law claims that the United States might have brought based upon these allegations.
This matter is being handled by Assistant United States Attorney David DeVito, with assistance from Garland He, Jonathan Birch, Lillian Do, and Alan Lopez. The matter is the result of a coordinated investigation between the U.S. Attorney’s Office for the Northern District of California and the FBI, OPM OIG, HHS-OIG, DCIS, and the DHA.
The investigation and resolution of this matter illustrate the government’s emphasis on combating health care fraud. One of the most powerful tools in this effort is the False Claims Act. Tips and complaints from all sources about potential fraud, waste, abuse, and mismanagement, can be reported to the Department of Health and Human Services at 800-HHS-TIPS (800-447-8477).
The civil settlement agreement is neither an admission of liability by Sutter Health nor a concession by the United States that its claims are not well founded.
SAN FRANCISCO –The Department of Justice announced, Thursday, nearly $126 million in funding to advance school safety under the STOP School Violence Act. The grants, awarded by the Office of Justice Programs’ Bureau of Justice Assistance (BJA) and the department’s Office of Community Oriented Policing Services (COPS Office), will help institute safety measures in and around primary and secondary schools, support school violence prevention efforts, provide training to school personnel and students, and implement evidence-based threat assessments.
The Antioch Unified School District (AUSD) received $492,451 in COPS funds and was the only district in the county, and only one of 10 in the state to be awarded a grant.
AUSD will use the funds “for safety and security infrastructure, upgraded cameras, radios, lighting and more,” said Superintendent Stephanie Anello. “This grant will free up funding that would have gone to safety and security infrastructure so that we can hire private security.”
The Students, Teachers and Officers Preventing School Violence Act of 2018 (the “STOP School Violence Act”) gives the Justice Department the authority to provide awards directly to states, units of local government, Indian tribes, and public agencies (such as school districts and law enforcement agencies) to improve security at schools and on school grounds through evidence-based school safety programs. It also provides grants to ensure a positive school climate by helping students and teachers recognize, respond quickly to, and help prevent acts of violence.
The COPS School Violence Prevention Program (SVPP) is a competitive award program that provides up to 75% of the funding for school safety measures in and around primary and secondary schools. The COPS Office received 285 applications from jurisdictions in 47 states. COPS SVPP Awards Fact Sheet
The 153 SVPP awards, totaling almost $52 million, are statutorily obligated to be used for coordination with law enforcement; training for local law enforcement officers to prevent student violence; locks, lighting and other deterrent measures; technology for expedited notification of local law enforcement during an emergency; and other measures that provide a significant improvement in security.
The 78 BJA annual awards, totaling $73.7 million are intended to support training and education for school personnel and students on preventing violence against others and themselves, including anti-bullying training and specialized training for school officials to respond to mental health crises. Funds also help develop and implement multidisciplinary threat assessment or intervention teams and design technology solutions such as anonymous reporting systems, hotlines and websites.
“The Justice Department has no greater responsibility than protecting Americans from harm,” said Attorney General Merrick B. Garland. “Schools must be safe places to learn, and today’s investment of more than $125 million under the STOP School Violence Act will help ensure that they are.”
The COPS Office is the federal component of the Department of Justice responsible for advancing community policing nationwide. The only Department of Justice agency with policing in its name, the COPS Office was established in 1994 and has been the cornerstone of the nation’s crime fighting strategy with grants, a variety of knowledge resource products, and training and technical assistance. Through the years, the COPS Office has become the go-to agency for law enforcement agencies across the country and continues to listen to the field and provide the resources that are needed to reduce crime and build trust between law enforcement and the communities served. The COPS Office has invested more than $14 billion to advance community policing, including grants awarded to more than 13,000 state, local and tribal law enforcement agencies to fund the hiring and redeployment of more than 135,000 officers.
The Office of Justice Programs provides federal leadership, grants, training, technical assistance and other resources to improve the nation’s capacity to prevent and reduce crime, advance racial equity in the administration of justice, assist victims and enhance the rule of law. More information about OJP and its components can be found at www.ojp.gov.
Map of La Nuestra Familia’s Areas of Criminal Influence. Source: FBI San Francisco
“Operation Quiet Storm was one of the largest gang takedowns in FBI San Francisco division’s history,” charges 55 defendants, some from Antioch
Acting U.S. Attorney Hinds emphasizes focus on community engagement to root out drivers of violent crime
SAN FRANCISCO – Acting United States Attorney Stephanie M. Hinds held a press conference Thursday to announce the unsealing of federal charges filed against 55 defendants, many of whom were members of, or affiliated with, the Nuestra Familia prison gang and its subservient street gangs. Acting U.S. Attorney Hinds was joined in making the announcement by Federal Bureau of Investigation Special Agent in Charge Craig D. Fair, Drug Enforcement Administration Special Agent in Charge Wade R. Shannon, California Department of Corrections and Rehabilitation Chief Office of Correctional Safety Derrick Marion, Santa Clara Sheriff Laurie Smith, and San Jose Deputy Chief of Police Elle Washburn.
The focus of the press conference was the unsealing of 17 charging documents, including 14 indictments and 7 criminal complaints, setting out a broad array of charges against the defendants.
According to an FBI San Francisco tweet on Thursday, “Operation Quiet Storm was the culmination of more than 5 years of complex investigative work. The gangs targeted in this case are responsible for much of the illicit drug distribution and violent crime that has plagued areas throughout CA.”
“No single defendant is responsible for all the conduct I am describing,” said Hinds. “The charges against each defendant are described in a charging document that is unique to each defendant. By disrupting gang leadership, we reduce violence on our streets. By removing violent actors and crime drivers from the streets, we make our neighborhoods safer.”
According to the documents unsealed today, La Nuestra Familia – Spanish for “Our Family”– was a prison gang operating in the California state prison system. Falling under the gang’s supervision are Norteño street gangs established in numerous cities and counties, and in jails and prisons, throughout Northern California and elsewhere. Several of the charging documents unsealed Thursday describe various aspects of the gang. For example, one indictment (here (Leadership)) describes the largely-incarcerated leadership, while another (here (SJG)) describes the activities of a street gang called the San Jose Grande and yet another (here (EHP)) describes a group referred to as El Hoyo Palmas Street Gang. The picture that emerges is one of a violent and structured organization that finances its activities through crime and encourages its members to visit violence upon anyone who threatens the gang’s existence, including members who break gang rules, members who attempt to leave the gang, and rival gang members.
According to the documents unsealed Thursday, of the 55 defendants, 28 individuals were charged with racketeering crimes, while the remaining individuals were charged with drug trafficking and firearms offenses. Conspiracies alleged in the indictments include agreements to distribute drugs including heroine, methamphetamine, and cocaine; to commit armed robberies; and to commit murder. Additional defendants were charged with other related crimes ranging from drug distribution to armed robbery.
According to a San Diego Union-Tribune report, “Prosecutors said 36 of the defendants were already in state prison and have been moved to federal holding facilities. Authorities have not said how many of the 19 remaining defendants were arrested in law-enforcement sweeps this week.”
Acting U.S. Attorney Hinds emphasized the goal to “fish with a spear, not a net.”
“Working with our federal and state, local, and tribal law enforcement partners, as well as impacted communities, our law enforcement efforts have focused on addressing violent crime-driven by gangs,” said Hinds. “We will continue to work with our law enforcement partners, as well as members of our community, to identify and address the drivers of crime in our neighborhoods. We intend to continue to deliver results by focusing on the needs of our communities.”
“Operation Quiet Storm was one of the largest gang takedowns in FBI San Francisco division’s history,” said FBI San Francisco Special Agent in Charge Fair. “The coordinated efforts of this operation were done with one goal in mind: to disrupt the communications and organizational structure of a criminal network who has terrorized our neighborhoods for far too long.”
“Today’s operation strikes a substantial blow to Nuestra Familia leadership. This investigation revealed the wide-ranging influence of the gang that extends far beyond prison walls. It is clear they have hard and fast rules, and those who run afoul are met with intimidation and violence that spills into our communities,” said DEA Special Agent in Charge Shannon. “We will continue to look at these organizations structurally to disrupt and dismantle them.”
An indictment merely alleges that crimes have been committed, and the defendants are presumed innocent until proven guilty beyond a reasonable doubt.
This case is being prosecuted by the Organized Crime Strike Force of the United States Attorney’s Office for the Northern District of California. The prosecution is the result of an investigation by the FBI (San Francisco, Sacramento, and Phoenix Divisions) and the DEA, with the assistance of the Santa Clara County Sheriff’s Office, the California Department of Corrections and Rehabilitation, the U.S. Bureau of Alcohol, Tobacco, Firearms, and Explosives, the Santa Clara County District Attorney’s Office, and the San Jose Police Department, as well as the support of the Alameda County Sheriff’s Office, Antioch Police Department, Campbell Police Department, Fremont Police Department, King’s County Sheriff’s Office, Monterey County Sheriff’s Office, Mountain View Police Department, Sacramento Police Department, Salinas Police Department, Menlo Park Police Department, Santa Clara County Parole Department, Santa Clara County Probation Department, Santa Clara Police Department, Santa Cruz County District Attorney’s Office, Santa Cruz County Sheriff’s Office, Modesto Police Department, San Francisco Police Department, and Stanislaus County Sheriff’s Department, and Sunnyvale Department of Public Safety.
This investigation and prosecution are part of the Organized Crime Drug Enforcement Task Force (“OCDETF”), which identifies, disrupts, and dismantles the highest-level drug traffickers, money launderers, gangs, and transnational criminal organizations that threaten the United States by using a prosecutor-led, intelligence-driven, multi-agency approach that leverages the strengths of federal, state, and local law enforcement agencies against criminal networks.
Description of indictment by USDOJ against Nuestra Familia leaders, members and associates on Aug. 25, 2021.
Indictment describes the gang’s nexus of power overseeing thousands of members throughout California including Contra Costa County; Antioch Police Department assist in investigation
Involved in plots to murder 14 victims, plus robbery, drug trafficking and money laundering
SAN JOSE – A federal grand jury returned an indictment charging 17 defendants with racketeering conspiracy, including acts involving murder, robbery, drug trafficking, and money laundering, and charging five others with drug trafficking-related crimes. The indictment handed down on August 25, 2021, and unsealed Thursday, September 16, 2021 catalogues a litany of crimes allegedly directed by the Nuestra Familia’s command structure incarcerated in California prisons. The charging announcement was made by Acting United States Attorney Stephanie Hinds, Federal Bureau of Investigation Special Agent in Charge Crag D. Fair, and Drug Enforcement Administration Special Agent in Charge Wade R. Shannon at a press conference this morning. Also appearing at the press conference were Chief of the Office of Correctional Safety for the California Department of Corrections and Rehabilitation Derrick Marion, Santa Clara Sheriff Laurie Smith, and San Jose Deputy Chief of Police Elle Washburn. DOJ NF indictment 082521
“The indictment charges all seven of the members who make up the Nuestra Familia’s ruling body: the General Council,” said Acting U.S. Attorney Hinds. “While the physical movement of this leadership was restricted by prison walls, the indictment alleges their power and influence were not so constrained. By disrupting gang leadership, we reduce violence on our streets. By removing violent actors and crime drivers from the streets, we make our neighborhoods safer.”
“The arrests made yesterday, most significantly the arrests of the Nuestra Familia leadership, will severely cripple the ability of this criminal enterprise to continue to facilitate crimes in communities throughout the state and help break a decades-old cycle of violence,” said FBI San Francisco Special Agent in Charge Fair.
“Today’s operation strikes a substantial blow to Nuestra Familia leadership. This investigation revealed the wide-ranging influence of the gang that extends far beyond prison walls. It is clear they have hard and fast rules, and those who run afoul are met with intimidation and violence that spills into our communities,” said DEA Special Agent in Charge Wade R. Shannon. “We will continue to look at these organizations structurally to disrupt and dismantle them.”
According to the indictment, the 17 racketeering defendants were members and associates of the Nuestra Familia (“NF”) prison gang, a violent and lucrative organization formed in the 1960s. The NF is alleged in the indictment to be a criminal enterprise that was created to organize, protect, discipline, profit from, and maintain the allegiance of gang members on the streets of and within custodial facilities in California. As outlined in the indictment, membership in the NF involved a process of sponsorship, approval, and indoctrination. The perpetration of violence and other crimes was ordinarily a prerequisite to entrance, continued membership, and advancement in the organization. Once membership was achieved, this membership was for life. The indictment alleges an NF oath provides: “If I lead, follow. If I stumble, push me. If I fall, avenge me. If I betray you, kill me.”
The indictment also describes the NF’s organizational structure and, in particular, the gang’s governing body: a seven-member “General Council,” made up of three Generals and a four-member Inner Council, which makes significant decisions and oversees the activities of the NF and its subservient gangs. The indictment outlines each position according to the NF Constitution. According to the NF Constitution, the Street Regiment General oversees the NF’s “overall street operations.” The General of the Prisons is responsible for the NF’s “overall pinta [prison] functions,” and the General Advocates Office is the NF’s “justice department.” Tiered just below these three NF Generals was the Inner Council, which consisted of four senior NF members who served as “advisors” to the Generals and provided a system of checks and balances. All seven members of the NF’s General Council led the NF organization while incarcerated in the California prison system. Each is charged in this indictment.
Further, the indictment describes the appointment by these leaders of NF members to positions of power over hierarchical and paramilitary structures called “regiments,” imposed on its gang members operating on the streets in California. While the NF was composed of a relative few, it exercised control and wielded influence over thousands of subordinate gang members in counties and prisons throughout Northern California using such regiments. These regiments primarily guaranteed the NF’s vast influence and control over its own and its street gang members, ensured avenues to direct violence and other illicit activity, and secured means for the NF to make money through the commission of criminal activity.
The NF oversaw such regiments in Contra Costa County, Santa Clara County, Monterey County, Santa Cruz County, San Benito County, San Francisco County, San Mateo County, Alameda County, Solano County, San Joaquin County, Fresno County, Kings County, Tulare County, Madera County, Merced County, Kern County, Sacramento County, Yolo County, Humboldt County, Shasta County, Lassen County, Tehama County, Butte County, Yuba County, Sutter County, Lake County, Placer County, and Sonoma County, as well as in Salinas Valley State Prison, Pelican Bay State Prison, Pleasant Valley State Prison, California State Prison – Solano, California State Prison – Sacramento, and High Desert State Prison.
According to the indictment, NF members and associates were involved in plots to kill 14 victims between April 2013 and July 2019 as part of the charged racketeering conspiracy. The defendants charged in the alleged racketeering conspiracy include the following:
Defendant
Age
Charges
Maximum Statutory Penalty
DAVID CERVANTES aka “DC”
73
18 U.S.C. § 1962(d) – Racketeering Conspiracy
Life
ANTONIO GUILLEN aka “Chuco”
55
18 U.S.C. § 1962(d) – Racketeering Conspiracy
Life
JAMES PEREZ aka “Conejo”
67
18 U.S.C. § 1962(d) – Racketeering Conspiracy
Life
SAMUEL LUNA aka “Sammy”
46
18 U.S.C. § 1962(d) – Racketeering Conspiracy
Life
GUILLERMO SOLORIO aka “Capone”
42
18 U.S.C. § 1962(d) – Racketeering Conspiracy
Life
TRINIDAD MARTINEZ aka “Trino”
41
18 U.S.C. § 1962(d) – Racketeering Conspiracy
Life
GEORGE FRANCO aka “Puppet”
56
18 U.S.C. § 1962(d) – Racketeering Conspiracy
Life
STEVEN TRUJILLO aka “Esteban”
56
18 U.S.C. § 1962(d) – Racketeering Conspiracy
Life
SALVADOR CASTRO aka “Gangster”
51
18 U.S.C. § 1962(d) – Racketeering Conspiracy
Life
BRYAN ROBLEDO aka “Turtle”
48
18 U.S.C. § 1962(d) – Racketeering Conspiracy
Life
ALEX YRIGOLLEN aka “Sleepy”
52
18 U.S.C. § 1962(d) – Racketeering Conspiracy
Life
JUAN SOTO aka “Drifter”
38
18 U.S.C. § 1962(d) – Racketeering Conspiracy
Life
EDGARDO RODRIGUEZ aka “Big Evil”
41
18 U.S.C. § 1962(d) – Racketeering Conspiracy
Life
ROBERT MALDONADO aka “KJ”
46
18 U.S.C. § 1962(d) – Racketeering Conspiracy
Life
ERIC ZARATE aka “Baby G”
43
18 U.S.C. § 1962(d) – Racketeering Conspiracy
Life
ROCKY BRACAMONTE aka “Fox”
37
18 U.S.C. § 1962(d) – Racketeering Conspiracy
Life
JOSHUA CORTEZ aka “Buddah”
28
18 U.S.C. § 1962(d) – Racketeering Conspiracy
20 years
Also charged in the indictment are defendants who allegedly participated in two conspiracies to possess and distribute methamphetamine, one in May of 2019 and the other in September 2020 to March 2021. The charges pending against these defendants are as follows:
Defendant
Age
Charges
Maximum Statutory Penalty
WILLIAM RODRIGUEZ aka “Negro”
34
21 U.S.C. §§ 846, 841(a)(1), (b)(1)(B) – Conspiracy to Distribute and Possess with Intent to Distribute Methamphetamine
At least 5 years, up to 40 years
MARVIN RODRIGUEZ
34
21 U.S.C. §§ 846, 841(a)(1), (b)(1)(B) – Conspiracy to Distribute and Possess with Intent to Distribute Methamphetamine
At least 5 years, up to 40 years
CRISTIAN MORA aka “C-Fresh”
28
21 U.S.C. §§ 846, 841(a)(1), (b)(1)(B) – Conspiracy to Distribute and Possess with Intent to Distribute Methamphetamine
At least 5 years, up to 40 years
MARTIN JOSEPH RUPPEL JR.
42
21 U.S.C. §§ 846, 841(a)(1), (b)(1)(B) – Conspiracy to Distribute and Possess with Intent to Distribute Methamphetamine
At least 5 years, up to 40 years
ANAELISA CUEVAS
35
21 U.S.C. §§ 846, 841(a)(1), (b)(1)(B) – Conspiracy to Distribute and Possess with Intent to Distribute Methamphetamine
At least 5 years, up to 40 years
The court also may order additional terms of supervised release, fines, and restitution. Nevertheless, any sentence following conviction would be imposed by the court only after consideration of the U.S. Sentencing Guidelines and the federal statute governing the imposition of a sentence, 18 U.S.C. § 3553.
An indictment merely alleges that crimes have been committed, and the defendants are presumed innocent until proven guilty beyond a reasonable doubt.
The defendants are scheduled to make initial federal court appearances before U.S. Magistrate Court Judge Nathanael Cousins and U.S. Magistrate Court Judge Sallie Kim today.
This case is being prosecuted by the Organized Crime Strike Force of the United States Attorney’s Office for the Northern District of California. The prosecution is the result of an investigation by the FBI (San Francisco, Sacramento, and Phoenix Divisions), the DEA, the U.S. Bureau of Alcohol, Tobacco, Firearms, and Explosives, and the U.S. Marshal Service, with the assistance of the Santa Clara County Sheriff’s Office, the California Department of Corrections and Rehabilitation, the Santa Clara County District Attorney’s Office, and the San Jose Police Department, and with support from the Alameda County Sheriff’s Office, Antioch Police Department, Campbell Police Department, Fremont Police Department, King’s County Sheriff’s Office, Monterey County Sheriff’s Office, Mountain View Police Department, Sacramento Police Department, Salinas Police Department, Menlo Park Police Department, Santa Clara County Parole Department, Santa Clara County Probation Department, Santa Clara Police Department, Santa Cruz County District Attorney’s Office, Santa Cruz County Sheriff’s Office, Modesto Police Department, San Francisco Police Department, the Stanislaus County Sheriff’s Department, and Sunnyvale Department of Public Safety.
This investigation and prosecution are part of the Organized Crime Drug Enforcement Task Force (“OCDETF”), which identifies, disrupts, and dismantles the highest-level drug traffickers, money launderers, gangs, and transnational criminal organizations that threaten the United States by using a prosecutor-led, intelligence-driven, multi-agency approach that leverages the strengths of federal, state, and local law enforcement agencies against criminal networks.