Saturday, August 31, 2019

Maryland Man Sentenced to 30 Years in Prison for September 1999 Kidnapping and Sexual Assault of Somerset County, PA Girl

JOHNSTOWN, Pa. - A resident of Cumberland, MD, has been sentenced in federal court to 30 years in prison and ordered to pay $5,000 assessment under the Justice for Victims of Trafficking Act on his conviction of kidnapping and aggravated sexual abuse of person under 12 years old, United States Attorney Scott W. Brady announced today.

United States District Judge Kim R. Gibson imposed the sentence on Timothy D. Nelson, Jr., 50.

According to information presented to the court, on September 19, 1999, Nelson drove into a Cairnbrook, Pennsylvania, neighborhood and drove past a group of three minor females multiple times. The group was walking when the vehicle came by one more time, stopped, and Nelson exited his car and asked them a question. As the minor victim, a 10-year old girl, began to answer, Nelson grabbed the minor victim and placed her in the car through the driver’s side and exited the area. Nelson then placed the minor victim on the floor of the front passenger seat. While driving away from the area of the abduction, Nelson threatened the minor victim with a handgun pointing it at her head. The minor victim was screaming and Nelson struck the minor victim with his hand in an attempt to quiet her.

At some point, Nelson drove the car and the minor victim into West Virginia. When Nelson eventually stopped the car, he forced the minor victim to perform a sex act. Afterwards, Nelson gave the minor victim a paper bag and napkin to clean herself with. Nelson also cleaned himself and then discarded the bag out the window.

Nelson then drove the vehicle in the direction of Markleysburg, Pennsylvania, and shortly after crossing the Pennsylvania line from West Virginia, dropped the minor victim off on the side of the road, instructed her to count to 100, and then proceed to a location to call her mother. Subsequently, another vehicle happened upon the minor victim who was in distress and offered her assistance. Law enforcement responded, to include the Pennsylvania State Police.

The minor victim was subsequently able to direct law enforcement to the location of the sexual assault and the brown paper bag and napkin were recovered which appeared to contain evidence of the above-described assault. The evidence was subsequently forensically examined

and determined to contain multiple partial fingerprints and DNA extracted from the bodily fluids. Certain of the recovered partial prints were identified as originating from the minor victim. There remained unidentified latent prints and a search through the Integrated Automated Fingerprint Identification System (IAFIS), did not return any results at that time. Likewise, the FBI Lab was successfully able to identify a suitable DNA profile at that time, but when compared to the FBI Combined DNA Index System (CODIS) database, no matches were detected.

In April 2004, the FBI Laboratory reported that a DNA profile generated from evidence from a different kidnapping / sexual assault of another minor female, which occurred in September 1988 in Hagerstown, Maryland, was a match to the DNA profile of the 1999 Cairnbrook, Pennsylvania kidnapping event. This match was made from the FBI CODIS database, but the identity of the perpetrator of these crimes was still unknown at that time.

Over the years, advancements were made to IAFIS and the new fingerprint identification system called Next Generation Identification system (NGI) came into existence.

In the Fall of 2018, the partial prints obtained from the brown paper bag and napkin were re-submitted to NGI to search for a possible match. NGI identified a possible match with a person identified as Timothy David Nelson. The FBI Laboratory subsequently confirmed the partial prints as a match to Timothy David Nelson, Jr., who was living in Maryland.

On January 7, 2019, an arrest warrant was issued by the Commonwealth of Pennsylvania charging Nelson with multiple offenses to include, but not limited to, Kidnapping and Aggravated Indecent Assault. Also, a federal search warrant was issued for Nelson’s DNA.

On January 8, 2019, Nelson arrived at the Cumberland (MD) City Police Department and the Pennsylvania arrest warrant and the federal DNA search warrant were executed. Subsequent forensic analysis proved that Nelson’s DNA was a match for the 1999 Cairnbrook kidnapping on September 19, 1999, as well as a match to two separate kidnappings/sexual assaults on minor females from 1988 and 1989 in Maryland.

Assistant U.S. Attorney Stephanie L. Haines prosecuted this case on behalf of the government.

Mr. Brady commended the Pennsylvania State Police and the Federal Bureau of Investigation for the investigation that led to the successful prosecution of Nelson.

Owners of Suburban Youth Counseling Center Indicted on Fraud Charges for Allegedly Defrauding Illinois Medicaid out of $4 Million

CHICAGO — The owners of a suburban Chicago youth counseling center defrauded Illinois Medicaid out of approximately $4 million through a fraudulent billing scheme, according to an indictment returned in federal court.

From 2011 to 2018, SUMMER MATHESON and TERRENCE EWING, co-owners of Laynie Foundation Inc., along with foundation employee RICHARD GRUNDY, fraudulently billed Illinois Medicaid for more mental health counseling services than the foundation actually provided, the indictment states.  Matheson, Ewing and Grundy also used the Matteson-based foundation to seek payment from Illinois Medicaid for non-reimbursable activities, such as internal case reviews, staff training, clinical supervision and recordkeeping, the indictment alleges.  The indictment additionally accuses Matheson of attempting to cover up the fraud by directing foundation personnel to backdate and falsify patient records to make it appear that a licensed practitioner had reviewed and approved certain mental health services, when, in fact, Matheson knew that a practitioner had not reviewed and approved those services.  As a result of the fraud, Matheson, Ewing and Grundy fraudulently obtained approximately $4 million from Illinois Medicaid and managed-care organizations used by Illinois Medicaid, the indictment states.

The indictment was returned Tuesday.  It charges Matheson, 41, and Ewing, 57, both of Dyer, Ind., with six counts of health care fraud.  Matheson is also charged with one count of obstruction of justice.  Grundy, 34, of Chicago, is charged with five counts of health care fraud.  Arraignments in U.S. District Court in Chicago have not yet been scheduled.

The indictment was announced by John R. Lausch, Jr., United States Attorney for the Northern District of Illinois; Lamont Pugh III, Special Agent-in-Charge of the Chicago Region of the U.S. Department of Health and Human Services Office of Inspector General; and Jeffrey S. Sallet, Special Agent-in-Charge of the Chicago office of the FBI.  The Illinois Attorney General’s Office and Illinois State Police assisted in the investigation.  The government is represented by Assistant U.S. Attorneys Prashant Kolluri and Charles W. Mulaney.

The U.S. Attorney’s Office and Illinois Attorney General’s Office previously intervened in a civil lawsuit that a private citizen filed against the foundation pursuant to the qui tam, or whistleblower, provisions of the False Claims Act.  The lawsuit is pending in federal court.

Medicaid is a state-administered program, and each state sets its own guidelines regarding eligibility and services.  For Illinois Medicaid recipients, funding is shared between the federal government and the State of Illinois.

The public is reminded that an indictment is not evidence of guilt.  The defendants are presumed innocent and entitled to a fair trial at which the government has the burden of proving guilt beyond a reasonable doubt.  The obstruction count is punishable by up to 20 years in prison, while each health care fraud count carries a maximum sentence of ten years.  If convicted, the Court must impose a reasonable sentence under federal statutes and the advisory U.S. Sentencing Guidelines.

Felon Found In Possession Of A Stolen, Loaded Firearm Sentenced To More Than Seven Years In Prison

Orlando, Florida – U.S. District Judge G. Kendall Sharp has sentenced Marvas Aurelien (22, Orlando) to seven years and eight months in federal prison for possessing a firearm as convicted felon. Aurelien had pleaded guilty on May 22, 2019.

According to court documents, on March 14, 2019, the Orange County Sheriff’s Office Gang Enforcement Unit located and apprehended Aurelien, who was wanted on an active arrest warrant stemming from aggravated assault with a firearm. While securing Aurelien, deputies located a fully loaded FMK 9 mm semi-automatic handgun in Aurelien’s front pocket. Law enforcement later learned that the firearm had been stolen. Aurelien is a previously convicted felon and, therefore, is prohibited from possessing a firearm or ammunition under federal law.

This case was investigated by the FBI and the Orange County Sheriff’s Office. It was prosecuted by Assistant United States Attorney Sean P. Shecter.

This case was brought as part of Project Safe Neighborhoods (PSN), a program that has been successful in bringing together all levels of law enforcement to reduce violent crime and make our neighborhoods safer for everyone. In the Middle District of Florida, U.S. Attorney Maria Chapa Lopez coordinates PSN efforts in cooperation with various federal, state, and local law enforcement officials.