Federal Criminal Defense Lawyers

Saturday, August 6, 2011

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Pedro Rosales of Houston Indicted by a Houston Federal Grand Jury for Possessing and Distributing Child Pornography
McNabb Associates, P.C. (Federal Criminal Defense Lawyers)
Submitted at 9:08 AM August 6, 2011

The U.S. Attorneys Office Southern District of Texas on August 5, 2011 released the following: 32-Year Old Houston Man Indicted for Distributing and Possessing Child Pornography Ordered Held Without Bond HOUSTON A 32-year-old Houston resident has been ordered to remain in federal custody without bond pending trial on charges of possessing and distributing child pornography, United States Attorney Jos Angel Moreno announced today. Following a detention hearing this morning, U.S. Magistrate Judge Stephen W. Smith ordered Pedro Rosales, 32, to remain in federal custody pending trial. Indicted on July 26, 2011, by a Houston grand jury, Rosales was transferred on Aug. 2, 2011, from state custody where he has been held since a January 2011 arrest of similar state charges. The federal charges against Rosales are the result of an investigation conducted by the United States Secret Service (USSS) and members of the Houston Metro Internet Crimes Against Children Task Force (Houston Metro ICAC). During todays hearing, the court heard testimony regarding that investigation. According to that testimony, Rosales was making child pornography available to others through the use of Peer to Peer software over the Internet. A special agent downloaded an image of child pornography from the extensive list Rosales had allegedly made

available on line to those using similar Peer to Peer software by Rosales. The images, which included children under the age of 12 being sexually violated by adults, or positioned in poses which exposed their genitalia in a lewd/ lascivious manner or being subjected to bondage, were available from a shared folder on his computer. As part of the investigation, agents obtained records identifying the computer, its location and the subscriber information identifying Rosales. In early January 2011, investigating agents executed a warrant at Rosales Houston area home and seized a computer which upon forensic examination was found to contain more than 600 digital images and approximately 36 videos of child pornography. The court also heard testimony that Rosales allegedly attempted to persuade a juvenile family member to claim responsibility for the child pornography believing that if the juvenile claimed the images/videos, the family member would not be prosecuted because of age. If convicted of distributing child pornography, Rosales faces a minimum sentence of five years and a maximum of 20 years imprisonment without parole to be followed by a term of supervised release for any term of years up to life during which the court can impose a number of special conditions designed to protect children. Statutorily, the penalty for a possession of child pornography conviction carries a maximum prison term

of 10 years. Additionally, if convicted, Rosales will be required to register as a sex offender. Trial is presently set before United States District Court Judge Vanessa D. Gilmore on Oct. 11, 2011. This case brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by United States Attorneys Offices and the Criminal Divisions Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov. Assistant United States Attorney Sherri L. Zack is prosecuting the case. To find additional federal criminal news, please read Federal Criminal Defense Daily. Douglas McNabb and other members of the U.S. law firm practice and write extensively on matters involving Federal Criminal Defense, INTERPOL Red Notice Removal, International Extradition and OFAC SDN List Removal. The author of this blog is Douglas McNabb. Please feel free to contact him directly at mcnabb@mcnabbassociates.com or at one of the offices listed above.

Federal Criminal

Federal Criminal Defense Lawyers

Birdie Leroy Revis of Houston Pleaded Guilty in Houston Federal Court to Conspiracy to Violate the Anti-Kickback Statute
McNabb Associates, P.C. (Federal Criminal Defense Lawyers)
Submitted at 9:13 AM August 6, 2011

The U.S. Attorneys Office Southern District of Texas on August 5, 2011 released the following: Recruiter in Multi-Million Dollar Health Care Fraud Scheme Pleads Guilty to Conspiracy to Violate the Anti-Kickback Statute HOUSTON An accused recruiter in a multi-million dollar health care fraud scheme scheduled for trial on Monday, has instead pleaded guilty to conspiracy to violate the Anti-Kickback Statute, United States Attorney Jos Angel Moreno announced today. Birdie Leroy Revis, 60, of Houston, pleaded guilty before United States District Judge David Hittner this morning to conspiracy to violate the AntiKickback Statute. Trial had been scheduled to begin with jury selection on Monday, Aug. 8, 2011. Revis was a recruiter for Sefan Medical Supply (Sefan), a durable medical equipment provider, located in Houston. Based upon the joint investigative efforts of the agencies comprising the Medicare Fraud Strike Force into a $2.8 million scheme to defraud Medicare by Sefan, evidence was obtained proving that Revis role in the scheme was to provide Medicare beneficiary information to Sefan. Sefan, in turn, then billed Medicare for medically unnecessary durable medical equipment and supplies which

were either not provided to Medicare beneficiaries or a lesser product from what was billed to Medicare was provided. The information was provided on a prescription form for arthritis kits. All the kits included a knee adjustment with air chamber, rigid frame back brace, elbow with joint, ankle gauntlet, flex glove with elastic finger, heat lamp with stand and a wrist brace. Sefan would order these items for both the left and right side. If the beneficiaries received any items, they did not receive the rigid brace items billed to Medicare, instead they would receive neoprene sleeves, which was not covered by Medicare. Revis provided to Sefan information for more than 686 beneficiaries for which Sefan paid Revis approximately $400 per beneficiary for a total of more than $353,000. With the information provided by Revis, Sefan billed Medicare for more than $2.8 million worth of claims for arthritis kits and was paid more than $1.7 million for those fraudulent claims. Revis remains on bond pending sentencing, which is set on Nov. 2, 2011. Revis faces a maximum of up to five years in prison to be followed by up to a threeyear-term of supervised release and a fine of up to $250,000 for the kickback conspiracy conviction. The owner of Sefan and the physician whose signature was on the prescriptions have also been convicted following their respective pleas of guilty to conspiracy to

commit health care fraud. Kate Ose Olear, the owner of Sefan, was sentenced to 57 months in prison on Feb. 10, 2011, by United States District Judge David Hittner. John Edward Perry III, the physician, pleaded guilty in June 2010. He remains on bond pending his sentencing on Oct. 21, 2011, before United States District Judge Gray H. Miller. The investigation leading to the charges in this case was conducted by the Medicare Fraud Strike Force comprised of agents with the Department of Health and Human Services, Drug Enforcement Administration Diversion Division, Texas Attorney General Medicaid Fraud Control Unit, United States Railroad Retirement Board and the FBI. Assistant United States Jennifer Lowery and Special Assistant United States Attorney Justin Blan are prosecuting the case. To find additional federal criminal news, please read Federal Criminal Defense Daily. Douglas McNabb and other members of the U.S. law firm practice and write extensively on matters involving Federal Criminal Defense, INTERPOL Red Notice Removal, International Extradition and OFAC SDN List Removal. The author of this blog is Douglas McNabb. Please feel free to contact him directly at mcnabb@mcnabbassociates.com or at one of the offices listed above.

Mary Kirby-Randle Pleaded Guilty to One Count of Theft of Public Money in Houston Federal Court
McNabb Associates, P.C. (Federal Criminal Defense Lawyers)
Submitted at 9:02 AM August 6, 2011

The U.S. Attorneys Office Southern District of Texas on August 5, 2011 released the following: Houston Woman Pleads to Theft of Public Money HOUSTON Mary Kirby-Randle, aka Mary Ellis Randle, 63, of Houston, has pleaded guilty to one count of theft of public money, United States Attorney Jos Angel Moreno announced today. At the plea hearing held this morning, Randle admitted that between August 1999 and July 2006, she received

payments totaling $76,770.77 from the United States Railroad Retirement Board (RRB) intended for her aunt, who had died in July 1999. Randle admitted that she did not inform the RRB of her aunts death. Randle has been on bond and was allowed to continue on bond pending her sentencing hearing, which is set for Nov. 4, 2011, before United States District Judge Melinda Harmon. Theft of Public money carries a maximum penalty of 10 years imprisonment and a fine up to $250,000. The case was investigated by the RRB Office of Inspector General and is being

prosecuted by Assistant United States Attorney John Braddock. To find additional federal criminal news, please read Federal Criminal Defense Daily. Douglas McNabb and other members of the U.S. law firm practice and write extensively on matters involving Federal Criminal Defense, INTERPOL Red Notice Removal, International Extradition and OFAC SDN List Removal. The author of this blog is Douglas McNabb. Please feel free to contact him directly at mcnabb@mcnabbassociates.com or at one of the offices listed above.