US v. Williams, Case No. 09-20224.
| Court | United States District Courts. 6th Circuit. United States District Court (Eastern District of Michigan) |
| Writing for the Court | VICTORIA A. ROBERTS |
| Citation | 693 F. Supp.2d 745 |
| Parties | UNITED STATES of America, Plaintiff(s), v. George WILLIAMS, Neil Chapple, Defendant(s). |
| Docket Number | Case No. 09-20224. |
| Decision Date | 08 March 2010 |
693 F. Supp.2d 745
UNITED STATES of America, Plaintiff(s),
v.
George WILLIAMS, Neil Chapple, Defendant(s).1
Case No. 09-20224.
United States District Court, E.D. Michigan, Southern Division.
March 8, 2010.
Wayne F. Pratt, U.S. Attorney's Office, Detroit, MI, for Plaintiff(s).
ORDER DENYING DEFENDANT'S MOTION TO SUPPRESS EVIDENCE OBTAINED OR DERIVED FROM ILLEGAL INTERCEPTION OF WIRE COMMUNICATIONS
VICTORIA A. ROBERTS, District Judge.
I. BACKGROUND AND PROCEDURAL HISTORY
A. Factual Background
Defendant George Williams is charged with: (1) Conspiracy to Distribute and Possess with Intent to Distribute Controlled Substances, in violation of 21 U.S.C. §§ 846 and 841(a)(1); (2) Health Care Fraud, in violation of 18 U.S.C. § 1347; (3) Unlawful Payments, in violation of 42 U.S.C. § 1320a-7b; (4) Possession with Intent to Distribute Controlled Substances—Cough Syrup with Codeine, in violation of 21 U.S.C. § 841(a)(1); and (5) Possession with Intent to Distribute Controlled Substances—Oxycodone, in violation of 21 U.S.C. § 841(a)(1).
In the General Allegations section of the Indictment, the Government alleges that Williams organized and operated a purported health care business under the name Quick Response Medical Professionals, P.C. ("QRMP"). Williams recruited
Williams had the prescriptions filled at various cooperating pharmacies, including Eastside Discount Pharmacy and Westside Discount Pharmacy. He paid cash for the drugs, and co-defendants Ernest Adams and Webb Smith delivered the drugs to distributors in exchange for money.
B. August 5, 2008 Wiretap Application, Affidavit, and Order; and, September 5, 2008 Extension Application, Affidavit, and Order
1. August 5, 2008 Wiretap Application, Affidavit, and Order
On August 5, 2008, an Assistant United States Attorney ("AUSA") for the Eastern District of Michigan, submitted an Application for an Order Authorizing the Interception of Wire Communications To and From Cellular Telephone Number XXX-XXX-XXXX, which was used by Young.
The Application was supported by an Affidavit from Special Agent Christopher Dziedzic ("SA Dziedzic") of the Drug Enforcement Administration in Detroit, Michigan.
The AUSA sought:
authorization to intercept wire communications of YOLANDO VONALDO YOUNG, a/k/a "Yolanda"; GEORGE KEVIN WILLIAMS, a/k/a Kevin Williams, George (no middle name) Williams, Keith Smith and Rick Williams; ANTHONY RICHARDSON; BRANDON DAVID WILLIAMS; GREGORY LEE PALMER; QUICK RESPONSE MEDICAL PROFESSIONALS; LOUIS RAY BELL; ERNEST LARRY ADAMS; ELEANOR MANIQUIS; EASTSIDE DISCOUNT PHARMACY and others as yet unknown... concerning offenses ... involving (a) the distribution and possession with intent to distribute narcotic controlled substances, in violation of 21 U.S.C. § 841(a)(1); (b) the use of communications facilities in commission of narcotics offenses, in violation of 21 U.S.C. § 843(b); (c) attempts and conspiracies to commit the aforementioned crimes, in violation of 21 U.S.C. §§ 846 and 963; (d) money laundering and conspiracy to commit money laundering, in violation of 18 U.S.C. §§ 1956 and 1957; and (e) aiding and abetting the aforementioned crimes, in violation of 18 U.S.C. § 2.
An Order authorizing the interception was signed by a United States District Judge for the Eastern District of Michigan on August 5, 2008.
2. September 5, 2008 Extension Application, Affidavit, and Order
On September 5, 2008, the AUSA submitted an Application for an extension of the August 5, 2008 Order. The Application was supported by an Affidavit from SA Dziedzic. SA Dziedzic's Affidavit incorporates by reference his Affidavit dated August 5, 2008.
The AUSA sought:
authorization to intercept wire communications of YOLANDO VONALDO YOUNG, a/k/a "Yolanda"; GEORGE KEVIN WILLIAMS, a/k/a Kevin Williams, George (no middle name) Williams, Keith Smith and Rick Williams; ANTHONY RICHARDSON; BRANDON DAVID WILLIAMS; GREGORY LEE
PALMER; QUICK RESPONSE MEDICAL PROFESSIONALS; LOUIS RAY BELL; ERNEST LARRY ADAMS; NATHANIEL DARYL WILLIAMS; ERIN BETHANY WILLIAMS; NANCY ROCHELLE WILLIAMS; HENRY LEE MILLER; TINA MARIE HOLLOWAY; ELEANOR MANIQUIS; EASTSIDE DISCOUNT PHARMACY and others as yet unknown ... concerning offenses... involving (a) the distribution and possession with intent to distribute narcotic controlled substances, in violation of 21 U.S.C. § 841(a)(1); (b) the use of communications facilities in commission of narcotics offenses, in violation of 21 U.S.C. § 843(b); (c) attempts and conspiracies to commit the aforementioned crimes, in violation of 21 U.S.C. §§ 846 and 963; (d) money laundering and conspiracy to commit money laundering, in violation of 18 U.S.C. §§ 1956 and 1957; (e) paying Medicare beneficiaries to sign for unnecessary medical services and utilizing Medicare prescription drug coverage to pay for prescription narcotic medications not provided to the beneficiary, in violation of 18 U.S.C. § 1347; and (f) aiding and abetting the aforementioned crimes, in violation of 18 U.S.C. § 2.
An Order authorizing the extension was signed by a United States District Judge for the Eastern District of Michigan on September 5, 2008.
C. October 7, 2008 Application, Affidavit, and Order; and, November 6, 2008 Extension Application, Affidavit, and Order
1. October 7, 2008 Application, Affidavit, and Order
On October 7, 2008, the AUSA submitted an Application for an Order Authorizing the Interception of Wire Communications To and From Cellular Telephone Numbers XXX-XXX-XXXX and XXX-XXX-XXXX, which were used by Williams.
The Application was supported by an Affidavit from SA Dziedzic. SA Dziedzic's Affidavit incorporates by reference his Affidavits dated August 5, 2008 and September 5, 2008.
The AUSA sought:
authorization to intercept wire communications of GEORGE KEVIN WILLIAMS, a/k/a Kevin Williams, George (no middle name) Williams, Keith Smith and Rick Williams; YOLANDO VONALDO YOUNG, a/k/a "Yolanda"; ANTHONY RICHARDSON; BRANDON DAVID WILLIAMS; GREGORY LEE PALMER; QUICK RESPONSE MEDICAL PROFESSIONS; LOUIS RAY BELL; ERNEST LARRY ADAMS; ELEANOR MANIQUIS; MILAGROS EBREO; EASTSIDE DISCOUNT PHARMACY and others as yet unknown... concerning offenses ... involving (a) the distribution and possession with intent to distribute narcotic controlled substances, in violation of 21 U.S.C. § 841(a)(1); (b) the use of communications facilities in commission of narcotics offenses, in violation of 21 U.S.C. § 843(b); (c) attempts and conspiracies to commit the aforementioned crimes, in violation of 21 U.S.C. §§ 846 and 963; (d) money laundering and conspiracy to commit money laundering, in violation of 18 U.S.C. §§ 1956 and 1957; ... (e) paying Medicare beneficiaries to sign for unnecessary medical services and utilizing Medicare prescription drug coverage to pay for prescription narcotic medications not provided to the beneficiary, in violation of 18 U.S.C. § 1347; and (f) aiding and abetting
the aforementioned crimes, in violation of 18 U.S.C. § 2.
An Order authorizing the interception was signed by a United States District Judge for the Eastern District of Michigan on October 7, 2008.
2. November 6, 2008 Extension Application, Affidavit, and Order
On November 6, 2008, the AUSA submitted an Application for an extension of the October 7, 2008 Order. The Application was supported by an Affidavit from SA Dziedzic. SA Dziedzic's Affidavit incorporates by reference his Affidavits dated August 5, 2008, September 5, 2008, and October 7, 2008.
The AUSA sought:
authorization to intercept wire communications of GEORGE KEVIN WILLIAMS, a/k/a Kevin Williams, George (no middle name) Williams, Keith Smith and Rick Williams, YOLANDO VONALDO YOUNG, a/k/a "Yolanda"; ANTHONY RICHARDSON; BRANDON DAVID WILLIAMS; GREGORY LEE PALMER; QUICK RESPONSE MEDICAL PROFESSIONALS; LOUIS RAY BELL; ERNEST LARRY ADAMS; ELEANOR MANIQUIS; MILAGROS EBREO; EASTSIDE DISCOUNT PHARMACY; KATRINA LYONS; MICHAEL MCDONALD; JAMES MCKARGE; NEIL MARLEY CHAPPLE; MAHMOUD ABDULILAH FARDOUS; MUNIF NASIR (or NASSER) MAWRI; ALI MOHAMAD FARDOUS; MIKE LNU, LUKE JONES; MARLENE TROTTER and others as yet unknown ... concerning offenses... involving (a) the distribution and possession with intent to distribute narcotic controlled substances, in violation of 21 U.S.C. § 841(a)(1); (b) the use of communications facilities in commission of narcotics offenses, in violation of 21 U.S.C. § 843(b); (c) attempts and conspiracies to commit the aforementioned crimes, in violation of 21 U.S.C. §§ 846 and 963; (d) money laundering and conspiracy to commit money laundering, in violation of 18 U.S.C. §§ 1956 and 1957; ... (e) paying Medicare beneficiaries to sign for unnecessary medical services and utilizing Medicare prescription drug coverage to pay for prescription narcotic medications not provided to the beneficiary, in violation of 18 U.S.C. § 1347; and (f) aiding and abetting the aforementioned crimes, in violation of 18 U.S.C. § 2.
An Order authorizing the extension was signed by a United States District Judge for the Eastern District of Michigan on November 6, 2008.
D. Procedural History
On December 11, 2009, Williams filed a "Motion to Suppress Evidence Obtained or Derived from Illegal Interception of Wire Communications." (Doc. # 126).
On January 29, 2010, 2010 WL 420008, Magistrate Judge Virginia M. Morgan submitted a Report and Recommendation ("R & R") recommending the Court DENY Defendant's motion....
To continue reading
Request your trial