FEDERAL DISTRICT ARCHIVE
Western District of Arkansas
Press releases recorded for this federal judicial district.
Missouri Brothers Sentenced to Combined 16 Years in Prison for Burlary of Federal Firearms LicenseeRead the Press Release
Fayetteville, Arkansas – Kenneth Elser, United States Attorney for the Western District of Arkansas, announced that Jeremy Rusher, age 39 of Seligman, Missouri and Cory Rusher, age 29 of Jane, Missouri, were sentenced on one count each of Aiding and Abetting the Theft of Firearms from a Federal Firearms Licensee. Jeremy Rusher was sentenced to120 months in federal prison, three years of supervised release and ordered to pay $2,650 fine. Cory Rusher was sentenced to 78 months in federal prison, three years of supervised release and ordered to pay a $2,650 fine. The defendants were ordered to pay $1,250 restitution jointly and severally. The Honorable Timothy L. Brooks presided over the sentencing hearings in the United States District Court in Fayetteville.
According to court records, on July 11, 2016, officers with the Pea Ridge Police Department responded to a reported burglary of a business that is a registered Federal Firearms Licensee. The manager of the business was able to provide surveillance of the break-in to officers who were able to get a clear description of Cory Rusher taking five firearms from the business. The surveillance footage from earlier in the day showed Cory Rusher, Jeremy Rusher and a female walking around and looking in the store for an extended period of time. They pawned an item while in the store, and Cory was seen wearing the same shirt he was wearing during the burglary. On July 13, investigators located Jeremy Rusher inside of a trailer and made contact with him. Officers observed two firearms inside the trailer that matched the description of and were later confirmed to be two of the firearms stolen in the burglary. After being advised of and waiving his Miranda rights, Jeremy Rusher admitted to knowing about the stolen guns. Multiple witnesses, including Cory Rusher confirmed his assistance during the burglary. Cory was also located, and after being advised of and waiving his Miranda rights, admitted to being involved in the burglary and assisted officers in locating the remainder of the stolen guns.
Jeremy and Cory Rusher were each named in a federal indictment in August, 2016, and each pleaded guilty in October, 2016.
This is another case prosecuted as a part of the Department of Justice’s Project Safe Neighborhoods Initiative, which is aimed at reducing gun and gang violence, deterring illegal possession of firearms and improving the safety of residents in the Western District of Arkansas. Participants in the initiative include federal, state and local law enforcement agencies.
This case was investigated by Alcohol, Tobacco, Firearms and Explosives, Pea Ridge Police Department, United States Marshal Service, and the Joplin, Missouri SWAT Team. Assistant United States Attorney’s David Harris and Denis Dean prosecuted the case for the United States.
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Related court documents may be found on the Public Access to Electronic Records website @ www.pacer.gov
California Man Sentenced to 7 Years in Prison for Drug TraffickingRead the Press Release
Fayetteville, Arkansas - Kenneth Elser, United States Attorney for the Western District of Arkansas, announced that Metin Metlu Sado, age 48, of Encinitas, California, was sentenced today to 87 months in federal prison followed by three years of supervised release and ordered to pay a $9,900.00 fine on one count of Conspiracy to Distribute Methamphetamine. The Honorable Timothy L. Brooks presided over the sentencing hearing in the United States District Court in Fayetteville.
According to court records, on March 11, 2016, the Kansas City Interdiction Task Force along with the Drug Enforcement Administration in Kansas City, discovered approximately 8 ½ pounds of methamphetamine that was destined for Rogers, Arkansas at the Greyhound Bus Lines in Kansas City, Missouri. The investigation revealed that the methamphetamine belonged to Bryanna Almanza, a co-defendant in this case. On the same day, officers and agents maintained surveillance on Almanza as she was picked up by Metin Sado and driven to a hotel in Rogers. When the two arrived in the hotel parking lot, they were arrested. Upon a search of Sado’s vehicle, officers found the methamphetamine in the back seat. The suspected substance was sent to the DEA South Central Lab where it was determined to contain 2,966.7 grams of actual methamphetamine.
Both Sado and Almanza were named in a federal indictment in March, 2016. Sado pleaded guilty in October, 2016. Almanza pleaded guilty in June, 2016. She was sentenced in November, 2016 to 38 months in federal prison followed by three years of supervised release.
“Methamphetamine brings turmoil into the lives of those who are addicted to or live around it,” stated Matthew Barden, Assistant Special Agent in Charge of DEA’s Little Rock District Office. “The sentence imposed in this case should be a warning to anyone thinking of polluting our communities with this addictive substance. DEA, along with our law enforcement partners are committed to investigating the smuggling and distribution of methamphetamine and other illegal and dangerous narcotics.”
This case was investigated by the Drug Enforcement Administration of Fayetteville and Kansas City, Missouri, Kansas City Police Department, Benton County Sheriff’s Office, Fayetteville Police Department and Rogers Police Department. Assistant United States Attorney Brice White prosecuted the case for the United States.
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Related court documents may be found on the Public Access to Electronic Records website @ www.pacer.gov
Camden Man Sentenced to over 11 Years in Federal Prison for Drug TraffickingRead the Press Release
El Dorado, Arkansas - Kenneth Elser, United States Attorney for the Western District of Arkansas, announced that Orlando Deshun Mitchell, (aka “Stunna”), age 40, of Camden, was sentenced today to 140 months in federal prison followed by four (4) years of supervised release on one count of Distribution of More Than 28 Grams of Cocaine Base. The Honorable Judge Susan O. Hickey presided over the sentencing hearing in the United States District Court in El Dorado.
According to court records, on September 5, 2013, investigators with the 13th Judicial Drug Task Force and the Federal Bureau of Investigation arranged for a controlled purchase of cocaine base from Orlando Mitchell. On that date, a confidential source made contact with Mitchell who agreed to provide him with three (3) ounces of cocaine for $3,000. After the two met and the transaction was completed, officers submitted the suspected crack cocaine to the Arkansas State Crime Lab where it was determined to be a total of 81.08 grams of cocaine base.
Mitchell was named in a federal indictment in July, 2015 and pleaded guilty to the charge in February, 2016.
This case was investigated by the Federal Bureau of Investigations and the 13th Judicial Drug Task Force. Assistant United States Attorney Benjamin Wulff prosecuted the case for the United States.
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Related court documents may be found on the Public Access to Electronic Records website @ www.pacer.gov
Fort Smith Man Sentened to 63 Months in Federal Prison for Firearms ViolationRead the Press Release
Fort Smith, Arkansas – Kenneth Elser, United States Attorney for the Western District of Arkansas, announced that Michael Butler, age 37 of Fort Smith, was sentenced today to 63 months in federal prison and three years of supervised release on one count of Felon in Possession of a Firearm. The Honorable Chief Judge P. K. Holmes, III presided over the sentencing hearing in the United States District Court in Fort Smith.
According to court records, on April 27, 2016, parole officers were conducting a compliance check in Sebastian County when they encountered Michael Butler as he was exiting a truck. Upon observing the officers, Michael Butler reached for the back of his waistband. Officers ordered him to the ground and retrieved a loaded .22 caliber revolver from his waistband. Michael Butler was arrested and taken into custody and confessed to possessing the firearm. Because he had at least one prior felony conviction at the time of his arrest, he was prohibited from possessing firearms. Michael Butler was named in a federal indictment in May, 2016 and pleaded guilty to the charge in June, 2016.
This is another case prosecuted as a part of the Department of Justice’s Project Safe Neighborhoods Initiative, which is aimed at reducing gun and gang violence, deterring illegal possession of firearms and improving the safety of residents in the Western District of Arkansas. Participants in the initiative include federal, state and local law enforcement agencies.
This case was investigated by Arkansas State Probation and Parole, Fort Smith Police Department and Alcohol, Tobacco, Firearms, and Explosives. Assistant United States Attorney David Harris prosecuted the case for the United States.
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Related court documents may be found on the Public Access to Electronic Records website @ www.pacer.gov
Trio Sentenced to 17 Years in Federal Prison for Drug TraffickingRead the Press Release
Fayetteville, Arkansas - Kenneth Elser, United States Attorney for the Western District of Arkansas, announced that three defendants were sentenced to federal prison last week for drug trafficking. Santiago Salinas (aka Chuco), age 47, of Commerce, Oklahoma, was sentenced to 151 months followed by three years of supervised release and ordered to pay a $3,000 fine on one count of Delivery of More than 50 Grams of a Mixture of Methamphetamine. Co-Defendant, Misty Macell Wilson (aka Molly Rockstar), age 46 of Bentonville, was sentenced to 34 months followed by three years of supervised release on one count of Conspiracy to Distribute Methamphetamine. Co-Defendant, Melissa Marie Myers, age 31 of Bentonville, was sentenced to 27 months followed by one years of supervised release on one count of Knowingly Using a Communication Facility in a Drug Trafficking Crime. The Honorable Timothy L. Brooks presided over the sentencing hearings in the United States District Court in Fayetteville.
According to court records, on May 3, 2016, during a controlled purchase arranged by law enforcement, Santiago Salinas and his co-defendant Misty Wilson, sold seven (7) ounces of methamphetamine to a confidential source. When the transaction was complete, Salinas and Wilson engaged in talk with the confidential source about future meth deals between them. Later testing at the Arkansas State Crime Lab confirmed the meth to be a gross weight of 220 grams.
Misty Wilson was present on two other occasions when meth was sold to the confidential source. After waiving her Miranda rights, she admitted obtaining meth in the past from Salinas, to wiring money to him in Oklahoma to pay for meth, and to selling meth she had obtained from him. The government forfeited more than $20,000 in cash stemming from this case.
In April, 2016, Melissa Myers was observed leaving the residence of co-defendant Misty Wilson and was stopped by Bentonville Police Department for committing a traffic offense. During the traffic stop, she was arrested for being in possession of methamphetamine and was found to have a larger amount of methamphetamine concealed on her person when she arrived at the jail. A search of her telephone revealed that she had been in contact with co-defendant Salinas on 112 occasions between March 23 and April 6, 2016 and that some of the texts on her phone were to arrange for drug transactions with him. After waiving her Miranda rights, she admitted that she was a seller of meth supplied by Salinas and that she used her cell phone to communicate with him and arrange for drug transactions with him.
Salinas, Wilson, and Myers were indicted by a federal grand jury in June, 2016. Salinas pleaded guilty in August, 2016 and Wilson and Myers pleaded guilty in September, 2016.
“Methamphetamine is a highly addictive poison that destroys countless lives in communities throughout the United States. Through unprecedented partnerships with federal and local enforcement, we are making major progress in preventing methamphetamine trafficking from taking hold in our communities. This investigation is a compelling example of that success”, stated DEA Assistant Special Agent in Charge Matthew Barden.
This case was investigated by the Homeland Security Investigations, Drug Enforcement Administration, Rogers Police Department, Bentonville Police Department, Benton County Sheriff’s Office, and Madison County Sheriff’s Office. Assistant United States Attorney Brandon Carter prosecuted the case for the United States.
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Related court documents may be found on the Public Access to Electronic Records website @ www.pacer.gov
Fort Smith Man Sentenced to Five Years in Federal Prison for Defrauding Insurance CustomersRead the Press Release
Fort Smith, Arkansas - Kenneth Elser, United States Attorney for the Western District of Arkansas, announced that Samuel Bowron Phillips, age 41 of Fort Smith, Arkansas, was sentenced yesterday to 60 months in federal prison followed by three years of supervised release on one count each of Mail Fraud, Wire Fraud, and Money Laundering; the sentences are to run concurrent with each other. Phillips was ordered to pay approximately $1,600,000 in restitution to his victims. The Honorable Chief Judge P. K. Holmes, III presided over the sentencing hearing in the United States District Court in Fort Smith.
According to court records, Phillips devised and executed a scheme to defraud customers of his insurance business by withdrawing funds from their annuity and insurance policies without their consent and knowledge. He then used that money for his own personal benefit and gain. The investigation began after a complaint was filed in October, 2015, with the Arkansas Insurance Commission by business owners and residents after discovering the annuities Phillips sold them were nonexistent, statements he had given them were fabricated, and the money they had given him to invest for their retirement was gone. Evidence gathered by investigators revealed that from March, 2013, through November, 2015, twenty-one (21) of Phillip’s customers lost a total of over $1,600,000 they had invested in annuity contracts and insurance policies purchased from him.
Phillips admitted that he had created two sham companies, Stevens Financial Asset Management and Paradigm Financial Partners LLC, and opened accounts for those entities. He used a fake name to conceal his connection to the fraudulent transactions and admitted he rented post office boxes in Fort Smith and Barling to receive mail for the two bogus companies he created to steal his customer’s money. Phillips was indicted by a federal grand jury in March, 2016 and pleaded guilty in June, 2016.
"Illegal activity involving the investment industry has brought financial ruin to many Americans,” stated Tracey D. Montaño, Special Agent in Charge. “IRS Criminal Investigation is committed to using our forensic accounting skills to help unravel complex fraud and money laundering schemes. We are proud to work with our law enforcement partners to investigate and prosecute individuals who attempt to enrich themselves by fraudulent means, and to help put a stop to this and other types of white collar crime."
“Today’s sentencing of Phillips reflects a fitting punishment for an individual who committed wire fraud, mail fraud and money laundering. Phillips deceived and stole from his customers who trusted him and believed in him,” stated L. Diane Upchurch, Special Agent in Charge of the FBI’s Little Rock Field Office. “We appreciate the hard work that brings about successful outcomes and the commitment of our partners at the United States Attorney’s Office for the Western District of Arkansas, the IRS, the Postal Inspection Service, the Arkansas Department of Insurance, and the Fayetteville Police Department.”
This case was investigated by the FBI, the IRS Criminal Investigation Division, the Postal Inspection Service, the Arkansas Department of Insurance, and the Fayetteville Police Department. Assistant United States Attorney Kyra Jenner prosecuted the case for the United States.
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Arkansas State Representative Pleads Guilty to Bribe ConspiracyRead the Press Release
WASHINGTON – An Arkansas state representative pleaded guilty today to conspiring to authorize and direct a total of $600,000 in state government funds to two non-profit entities in exchange for tens of thousands of dollars in kickback payments, announced Assistant Attorney General Leslie R. Caldwell of the Justice Department’s Criminal Division and U.S. Attorney Kenneth Elser of the Western District of Arkansas.
Micah Neal, 42, of Springdale, Arkansas, pleaded guilty today before U.S. District Judge Timothy L. Brooks of the Western District of Arkansas to one count of conspiracy to commit honest services fraud. Sentencing will be scheduled at a later date.
As part of his guilty plea, Neal admitted that, between January 2013 and January 2015, while serving in the Arkansas House of Representatives, he conspired with an Arkansas state senator to use their official positions to appropriate government money known as General Improvement Funds (GIF) to a pair of non-profit entities in exchange for bribes. Specifically, Neal and the senator authorized and directed the Northwest Arkansas Economic Development District, which was responsible for disbursing the GIF, to award a total of $600,000 in GIF money to the two non-profit entities. Of the $600,000, Neal personally authorized and directed a total of $175,000 to the entities. In return for his official actions, Neal received approximately $38,000 in bribes from officials at those non-profit entities.
The Federal Bureau of Investigation and the Internal Revenue Service investigated the case. Trial Attorney Sean Mulryne of the Criminal Division’s Public Integrity Section and U.S. Attorney Elser and Assistant U.S. Attorney Kyra Jenner of the Western District of Arkansas are prosecuting the case.
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Arkansas State Representative Pleads Guilty to Bribe ConspiracyRead the Press Release
An Arkansas state representative pleaded guilty today to conspiring to authorize and direct a total of $600,000 in state government funds to two non-profit entities in exchange for tens of thousands of dollars in kickback payments, announced Assistant Attorney General Leslie R. Caldwell of the Justice Department’s Criminal Division and U.S. Attorney Kenneth Elser of the Western District of Arkansas.
Micah Neal, 42, of Springdale, Arkansas, pleaded guilty today before U.S. District Judge Timothy L. Brooks of the Western District of Arkansas to one count of conspiracy to commit honest services fraud. Sentencing will be scheduled at a later date.
As part of his guilty plea, Neal admitted that, between January 2013 and January 2015, while serving in the Arkansas House of Representatives, he conspired with an Arkansas state senator to use their official positions to appropriate government money known as General Improvement Funds (GIF) to a pair of non-profit entities in exchange for bribes. Specifically, Neal and the senator authorized and directed the Northwest Arkansas Economic Development District, which was responsible for disbursing the GIF, to award a total of $600,000 in GIF money to the two non-profit entities. Of the $600,000, Neal personally authorized and directed a total of $175,000 to the entities. In return for his official actions, Neal received approximately $38,000 in bribes from officials at those non-profit entities.
The Federal Bureau of Investigation and the Internal Revenue Service investigated the case. Trial Attorney Sean Mulryne of the Criminal Division’s Public Integrity Section and U.S. Attorney Elser and Assistant U.S. Attorney Kyra Jenner of the Western District of Arkansas are prosecuting the case.
Fort Smith Man Sentenced to Ten Years in Federal Prison for Sex Trafficking of a ChildRead the Press Release
Fayetteville, Arkansas - Kenneth Elser, United States Attorney for the Western District of Arkansas, announced that Lance Bradley Williams, aka “Crush, aka “Lil’ Crush”, age 24, of Fort Smith, was sentenced to 120 months in federal prison followed by five (5) years of supervised release and ordered to pay a $3,600 fine on one count of Conspiracy to Commit Sex Trafficking of a Child. The sentencing hearing took place before the Honorable Timothy L. Brooks in the United States District Court in Fayetteville.
According to court records, on August 27, 2015, a 17-year-old female was interviewed by the Federal Bureau of Investigation (FBI). She reported that she had run away from home and came in contact with Randall Steward, a co-conspirator of Williams, of Fort Smith in early June of 2015. She stated she worked as a prostitute for Steward out of a Fayetteville, Arkansas hotel and that backpage.com was used to advertise her as a prostitute. Agents were able to obtain records from the Fayetteville hotel and backpage.com to corroborate the information that the minor female victim had provided. Steward was indicted by a federal grand jury in October, 2015 and pleaded guilty to the charge. He was sentenced on September 22, 2016 to 12 ½ years in federal prison and five (5) years of supervised release.
Through the investigation of Steward, law enforcement was able to identify Lance Bradley Williams as a co-conspirator who was involved with Steward in trafficking the 17-year old girl. Records show that the cell phone number used in the backpage.com ads to advertise the minor female victim was purchased by Williams. At the time the phone was purchased, Williams knew that the phone was to be used to advertise the girl on backpage.com for the purpose of prostitution. Williams was indicted by a federal grand jury on March 16, 2016 and pleaded guilty on August 17, 2016.
“The outcome of this case serves as a sobering warning to those engaged in the sex trafficking of minors and the severe consequences for those who commit such crimes,” said Diane Upchurch, Special Agent in Charge of the FBI in Little Rock. “Together with our federal and local partners at the United States Attorney’s Office, Fort Smith Police Department, Sebastian County Sheriff’s Office, and Crawford County Sheriff’s Office, we will continue to pursue and prosecute anyone who engages in the vile exploitation of our children.”
This case was investigated by the Federal Bureau of Investigation, Fort Smith Police Department, Sebastian County Sheriff’s Office and Crawford County Sheriff’s Office. Assistant United States Attorney Aaron Jennen prosecuted the case for the United States.
This case was 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 U.S. Attorneys’ Offices and their Criminal Division Child Exploitation and Obscenity Sections (CEOS), 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.
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Related court documents may be found on Public Access to Electronic Records Website @www.Pacer.gov
Jury Finds Alma Man Guilty of Drug Trafficking and Firearms ViolationRead the Press Release
Fort Smith, Arkansas – Kenneth Elser, United States Attorney for the Western District of Arkansas, announced that David Hurl Lemmon, age 43 of Alma, Arkansas, was found guilty on one count of Conspiracy to Distribute More than 500 grams of Methamphetamine and one count of Felon in Possession of a Firearm following a two and one-half day jury trial. The Honorable Chief Judge P.K. Holmes, III presided over the trial in the United States District Court in Fort Smith.
According to evidence presented at the trial, Lemmon and others were involved in a conspiracy to distribute approximately 50 pounds of methamphetamine that were seized by law enforcement in Potter County, Texas in January 2016. Lemmon’s conviction for being a felon in possession of a firearm was based on the seizure of 7 firearms by law enforcement during search warrant conducted at Lemmon’s residence in Alma, Arkansas on March 29, 2016.
Lemmon will be sentenced at a later date as determined by the court. The penalty for Conspiracy to Distribute more than 500 grams of Methamphetamine is not less than 10 years or not more than life imprisonment, not more than $10,000,000 fine, or both. The maximum sentence for Felon in Possession of a Firearm is not more than 10 years imprisonment, not more than $250,000 fine, or both.
This case was investigated by the Drug Enforcement Administration, the Department of Homeland Security, the Internal Revenue Service-Criminal Investigation Division, the Bureau of Alcohol, Tobacco and Firearms, the Potter County, Texas Sheriff’s Office, the Crawford County Sheriff’s Office, the Sebastian County Sheriff’s Office, the Bernalillio County, New Mexico Sheriff’s Office, the Fort Smith Police Department, and the 12th/21st Judicial District Drug Task Force.
Assistant United States Attorney Aaron Jennen and Co-Counsel, Assistant United States Attorney Candace Taylor, prosecuted the case for the United States.
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Related court documents may be found on the Public Access to Electronic Records website @ www.pacer.gov
Crossett Man Sentenced to 68 Months in Prison and to Pay $456,000 Restitution for Wire Fraud and Money LaunderingRead the Press Release
El Dorado, Arkansas - Kenneth Elser, United States Attorney for the Western District of Arkansas, announced that Kenneth W. Atkins, age 56, of Crossett, Arkansas, was sentenced today to 68 months in federal prison followed by three years of supervised release on one count of Conspiracy to Commit Wire Fraud and three counts of Money Laundering. Atkins was ordered to pay restitution in the amount of $456,000. The Honorable Susan O. Hickey presided over the sentencing hearing in the United States District Court in El Dorado.
Atkins was found guilty in October, 2015 after a seven (7) day jury trial. According to evidence presented in the trial, from on or about January 2011 through on or about March 2012, Atkins conspired with another person to commit wire fraud against Georgia Pacific.
This case was investigated by the United States Secret Service and the Arkansas State Police. Assistant United States Attorneys’ Jonathan Ross, Ben Wulff and David Ferguson prosecuted the case for the United States.
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Related court documents may be found on the Public Access to Electronic Records Website at www.Pacer.gov
Northwest Arkansas Pair Receive Combined Sentence of over 22 Years in Prison for Drug TraffickingRead the Press Release
Fayetteville, Arkansas - Kenneth Elser, United States Attorney for the Western District of Arkansas, announced that Allen Dwight Gailliot, age 62 of Fayetteville and Leslie Erin Curtis, age 45 of Bella Vista, were sentenced today on one count each of Conspiracy to Distribute Methamphetamine. Gailliot was sentenced to 151 months in federal prison followed by three (3) years of supervised release and ordered to pay a $3,400.00 fine. Curtis was sentenced to 121 months in federal prison followed by three (3) years of supervised release and ordered to pay a $5,900.00 fine. The Honorable Timothy L. Brooks presided over the sentencing hearings in the United States District Court in Fayetteville.
According to court records, on March 10, 2016, Leslie Curtis sold one ounce of methamphetamine to a confidential source from her residence in Fayetteville. On March 11, 2016, detectives from the 4th Judicial Drug Task Force executed a search warrant at Curtis’ and Gailliot’s two residences both located in Fayetteville. Detectives found approximately ½ pound of methamphetamine in each residence which was packaged for sale, digital scales, baggies, drug ledgers, and packages from the United States Postal Service (USPS) addressed to Gailliot that had been sent from California. Gailliot was found to be in possession of a card for a storage unit located in Fayetteville which was leased under Curtis’ name. Curtis told detectives that she and Gailliot would place orders for and receive pounds of meth at a time through the mail from California and would then distribute it throughout Washington County. On March 15, 2016, a search warrant was executed on the storage unit where approximately four (4) pounds of methamphetamine were located in USPS. parcels addressed to Gailliott.
Gailliot and Curtis were indicted by a federal grand jury in May, 2016 and pleaded guilty in September, 2016.
This case was investigated by the 4th Judicial Drug Task Force. Assistant United States Attorney Denis Dean prosecuted the case for the United States.
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Related court documents may be found on the Public Access to Electronic Records website @ www.pacer.gov
Nevada Man Sentenced to 30 Years in Federal Prison for Interstate Travel with Intent to Engage in Sexual Act with Child Under 12Read the Press Release
Fort Smith, Arkansas - Kenneth Elser, United States Attorney for the Western District of Arkansas, announced that David Harper, age 50 of Henderson, Nevada, was sentenced today to 360 months in federal prison followed by five (5) years of supervised release on one count of Knowingly Crossing State Lines with Intent to Engage in Sexual Act with Person Under 12 Years Old. The sentencing hearing took place before the Honorable Chief Judge P. K. Holmes, III in the United States District Court in Fort Smith.
Court records reflect that in August 2015, David Harper began chatting online with an undercover detective working with the Fort Smith Police Department. On January 25, Harper traveled from Las Vegas to Fort Smith and was taken into custody when he arrived at the Fort Smith airport. When interviewed, Harper admitted that he traveled to Arkansas with the intent to engage in sex acts with a minor under 12 years of age. He was indicted by federal grand jury in January 2016 and pleaded guilty in June 2016.
This case was investigated by the Fort Smith Police Department and the Federal Bureau of Investigation (FBI). Assistant United States Attorney Ashleigh Buckley prosecuted the case for the United States.
This case was 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 U.S. Attorneys’ Offices and their Criminal Division Child Exploitation and Obscenity Sections (CEOS), 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.
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Related court documents may be found on Public Access to Electronic Records Website @www.Pacer.gov
Former Harrison School District Assistant Band Director Sentenced to 15 Years in Federal Prison for Criminal Sexual Offenses Against Minor StudentsRead the Press Release
Fort Smith, Arkansas - Kenneth Elser, United States Attorney for the Western District of Arkansas, announced that Kyle Lee Smith, age 29 of Branson, Missouri was sentenced to 180 months in federal prison followed by five (5) years of supervised release on one count of Transportation of a Minor with Intent to Engage in Criminal Sexual Activity and one count of Coercion and Enticement of a Minor. The sentences are to run concurrent with each other. The Honorable Chief Judge P. K. Holmes, III presided over the sentencing hearing in the United States District Court in Fort Smith.
According to court records, in August, 2015, the Harrison Police Department received a report that an assistant band director with the Harrison School District was engaging in a sexual relationship with an underage student. During the subsequent investigation, the student disclosed that Smith had invited her to his Missouri residence to engage in sexual activity with her. She was able to provide law enforcement with evidence that substantiated that Smith had engaged in sexual activity with her.
The resulting investigation revealed that Smith had also been engaging in sexually activity with a second female student. She was able to provide law enforcement with screen shots of her conversations with Smith, many of which were overtly sexual in nature. Homeland Security Investigations obtained Snapchat records between Smith and the victims and found that hundreds of messages and images were sent between the victims and Smith.
“Preying on underage girls from a position of trust is a vile and heinous act”, said Special Agent in Charge of HSI New Orleans Raymond R. Parmer, Jr. “We expect people with access to our children to have their best interests at heart. We will continue to work diligently with our law enforcement partners to protect our children from predators like this.”
The investigation was led by Homeland Security Investigations and the Harrison Police Department. Assistant United States Attorney Dustin Roberts prosecuted the case for the United States.
This case was 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 U.S. Attorneys’ Offices and their Criminal Division Child Exploitation and Obscenity Sections (CEOS), 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.
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Related court documents may be found on Public Access to Electronic Records Website @www.Pacer.gov
Alma Brothers Sentenced to 20 Years Each in Federal Prison for Production of Child PornographyRead the Press Release
Fort Smith, Arkansas - Kenneth Elser, United States Attorney for the Western District of Arkansas, announced that Brett Karr, age 28 and Adam Karr, age 29, both of Alma, Arkansas, were sentenced today in federal court on three counts each of Production of Child Pornography. Brett and Adam Karr were each sentenced to 240 months in federal prison followed by five (5) years of supervised release on each count to run concurrent with each other. The sentencing hearings took place before the Honorable Chief Judge P. K. Holmes, III in the United States District Court in Fort Smith.
Brett Karr: In August 2015, the River Valley Internet Crimes Against Children (ICAC) Task Force executed a federal search warrant on the residence of Brett and Adam Karr where they seized several digital storage devices. A forensic examination of the devices revealed several videos depicting a nine-year-old child and Brett Karr engaging in sexually explicit conduct. Brett Karr was indicted by a federal grand jury in September 2015 and pleaded guilty in June 2016.
Adam Karr: When the ICAC Task Force initiated the search warrant on the Karr residence in Alma, Adam Karr was also living in the home. Agents found a disc in Adam Karr’s possession labeled with the name of a child that contained fourteen videos and one picture of an eight-year-old child engaging in sexually explicit conduct. Adam Karr admitted that he filmed the videos contained on the disc. Adam Karr was indicted by a federal grand jury in September 2015 and pleaded guilty in June 2016.
“HSI works everyday with our state and local law enforcement partners to ensure the perpetrators of these despicable crimes are brought to justice”, said Special Agent in Charge of HSI New Orleans Raymond R. Parmer, Jr. “We will continue to aggressively investigate allegations of child exploitation and seek justice for the victims.”
The Karr cases were investigated by Homeland Security Investigations and the ICAC Task Force. Assistant United States Attorney Ashleigh Buckley prosecuted the cases for the United States.
This case was 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 U.S. Attorneys’ Offices and their Criminal Division Child Exploitation and Obscenity Sections (CEOS), 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.
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Related court documents may be found on Public Access to Electronic Records Website @www.Pacer.gov
Texas Man Sentenced to 10 Years in Federal Prison for Drug TraffickingRead the Press Release
Fort Smith, Arkansas - Kenneth Elser, United States Attorney for the Western District of Arkansas, announced that Rosenaldo Benitez, Jr., age 37, of Mission, Texas, was sentenced yesterday to 120 months in federal prison followed by three years of supervised release on one count of Conspiracy to Distribute Methamphetamine. The Honorable Chief Judge P.K. Holmes, III presided over the sentencing hearing in the United States District Court in Fort Smith.
According to court records, during the course of an ongoing investigation, agents with the Drug Enforcement Administration conducted multiple controlled phone calls in which they learned that Benitez and co-conspirator Robert Sandoval were transporting approximately 15 pounds of methamphetamine across the country. Benitez was arrested by law enforcement when he stopped to meet with Sandoval in the Western District of Arkansas. He was indicted by a federal grand jury in March, 2016 and pleaded guilty in June, 2016.
Co-Conspirator Roberto Sandoval was sentenced on September 7, 2016 to 51 months in federal prison followed by two years of supervised release on one count of Conspiracy to Distribute Methamphetamine.
This case was investigated by the Drug Enforcement Administration and the Oklahoma Bureau of Narcotics. Assistant United States Attorney Candace Taylor prosecuted the case for the United States.
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Related court documents may be found on the Public Access to Electronic Records website @ www.pacer.gov
Two Texas Men Sentenced to Combined 10 Years in Federal Prison for Drug TraffickingRead the Press Release
Fayetteville, Arkansas - Kenneth Elser, United States Attorney for the Western District of Arkansas, announced that Rosalio Laredo-Garcia, age 21 of Hutchins, Texas, was sentenced today to 57 months in federal prison followed by three (3) years of supervised release and ordered to pay a $1,900 fine on one count of Possession with Intent to Distribute Methamphetamine. Co-Defendant, Hado Zepeda-Garcia, age 25 of Wilmer, Texas was sentenced yesterday to 63 months in federal prison followed by three (3) years of supervised release and ordered to pay a $4,900 fine on one count of Possession with Intent to Distribute Methamphetamine. The Honorable Timothy L. Brooks presided over the sentencing hearings in the United States District Court in Fayetteville.
According to court documents, in February of 2016, Drug Enforcement Administration (DEA) investigators received information that Hado Zepeda-Garcia planned to travel from Wilmer, Texas, to the Western District of Arkansas with several pounds of methamphetamine. On February 6, 2016, agents conducting surveillance in the Western District of Arkansas observed Zepeda-Garcia and Laredo-Garcia driving northbound on Interstate 49 in Zepeda-Garcia’s vehicle. Once the vehicle pulled into the parking lot of a local business, agents with the DEA made contact with them. Hado Zepeda-Garcia consented to the search of his vehicle, and during the search, agents located 2,897 grams of methamphetamine packaged in three separate plastic tubs that were hidden inside of an air compressor.
After waiving their Miranda rights, both Zepeda-Garcia and Laredo-Garcia admitted to agents that they planned to distribute the methamphetamine found in the vehicle in the Western District of Arkansas. Both defendants were indicted on March 18, 2016 and both entered a guilty plea in July, 2016.
This case was investigated by the Drug Enforcement Administration. Assistant United States Attorney Kimberly D. Harris prosecuted the case for the United States.
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Springdale Man Sentenced to Six Years in Federal Prison for Child PornographyRead the Press Release
Fayetteville, Arkansas - Kenneth Elser, United States Attorney for the Western District of Arkansas, announced that Richard Blaine Gamblin, age 22, of Springdale, was sentenced to 72 months in federal prison and ten (10) years of supervised release on one count of Knowing Receipt of Child Pornography. The sentencing hearing took place before the Honorable Timothy L. Brooks in the United States District Court in Fayetteville.
According to the Plea Agreement, in April of 2016, the National Center for Missing and Exploited Children notified Homeland Security Investigations (HSI) and the Internet Crimes Against Children Taskforce (ICAC) that an individual residing in Northwest Arkansas uploaded images of child pornography to an online storage account. A federal search warrant was executed at the home of Richard Gamblin. During the execution of the warrant, law enforcement seized multiple digital devices that contained child pornography. At that time, Gamblin admitted to owning the seized equipment and to using it to download child pornography. A subsequent forensic examination of his computer revealed in excess of 100 videos of minors engaged in sexually explicit conduct.
Gamblin was indicted by a federal grand jury in May, 2016 and pleaded guilty to the charge in July, 2016.
The investigation was led by Homeland Security Investigations, the Internet Crimes Against Children Taskforce and the Springdale Police Department. Assistant United States Attorney Dustin Roberts prosecuted the case for the United States.
This case was 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 U.S. Attorneys’ Offices and their Criminal Division Child Exploitation and Obscenity Sections (CEOS), 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.
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Springdale Man Sentenced to 5 Years in Federal Prison for Drug TraffickingRead the Press Release
Fayetteville, Arkansas - Kenneth Elser, United States Attorney for the Western District of Arkansas, announced that Carlos Rios, age 38, of Springdale, was sentenced today to 60 months in federal prison followed by three years of supervised release on one count of Distribution of Methamphetamine. The Honorable Timothy L. Brooks presided over the sentencing hearing in the United States District Court in Fayetteville.
According to court records, on or about April 18, 2016 law enforcement conducted a controlled purchase of $1,360 worth of methamphetamine from Rios outside a business in Elm Springs. The suspected substance was sent to the Drug Enforcement Administration Lab for testing and was determined to contain 26.3 grams of actual methamphetamine. Rios was indicted by a federal grand jury in May, 2016 and pleaded guilty in July, 2016.
This case was investigated by the Drug Enforcement Administration, and the Springdale Police Department. Assistant United States Attorney Sydney Butler prosecuted the case for the United States.
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Farmington Man Sentenced to 7 Years in Federal Prison for Child PornographyRead the Press Release
Fayetteville, Arkansas - Kenneth Elser, United States Attorney for the Western District of Arkansas, announced that Jedediah Waugh, age 43, of Farmington, was sentenced to 84 months in federal prison and ten (10) years of supervised release on one count of Receipt of Child Pornography. The sentencing hearing took place before the Honorable Timothy L. Brooks in the United States District Court in Fayetteville.
According to the Plea Agreement, in December, 2015, Immigration and Homeland Security Investigations (HSI) and the Northwest Arkansas Internet Crimes Against Children Taskforce initiated an investigation into the illegal trade and distribution of child pornography over publically available peer to peer online computer networks. During this time, law enforcement identified a specific computer that appeared to contain images of child pornography. A subpoena return from the suspect’s internet provider returned to the residence of Jedediah Waugh. Law enforcement executed a search warrant of Waugh’s residence and he admitted to downloading and receiving images of child pornography on his computer. A subsequent forensic examination Waugh’s hard drive revealed multiple images of child pornography depicting female children as young as eight (8) to nine (9) years of age engaging in sexually explicit conduct with an adult male. Waugh was indicted by a federal grand jury in May, 2016 and pleaded guilty to the charge in July, 2016.
The investigation was led by Homeland Security Investigations and the Internet Crimes Against Children Taskforce. Assistant United States Attorney Denis Dean prosecuted the case for the United States.
This case was 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 U.S. Attorneys’ Offices and their Criminal Division Child Exploitation and Obscenity Sections (CEOS), 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.
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Two Hot Springs Men Sentenced to Total of 14 Years in Federal Prison for Drug and Firearms ChargesRead the Press Release
Hot Springs, Arkansas - Kenneth Elser, United States Attorney for the Western District of Arkansas, announced that Nicholas Smith, age 33 of Hot Springs, was sentenced today to 120 months in federal prison followed by three (3) years of supervised release on one count of Possession of Methamphetamine with Intent to Distribute and one count of Possession of a Firearm in Furtherance of a Drug Trafficking Offense. Steven Brown, age 35 of Hot Springs, was sentenced to 48 months in federal prison followed by two years of supervised release on one count of Felon in Possession of a Firearm. The Honorable Susan O. Hickey presided over the sentencing hearings in the United States District Court in Hot Springs.
Nicholas Smith: According to court documents, in August, 2015, members of the 18th Judicial East Drug Task Force arranged and conducted two controlled purchases of methamphetamine from Smith at his residence. On September 10, 2015, officers with the Garland County SWAT team executed a search warrant on Smith’s residence, finding 34 grams of methamphetamine, 11 firearms including a sawed-off shotgun, a large amount of cash, and other drug paraphernalia. After waiving his Miranda rights, Smith admitted to selling on average 2 pounds of methamphetamine per week to over 40 customers in the Hot Springs area, and that many of the firearms recovered from his home were received in trades for drugs. Smith was indicted by the federal grand jury on September 16, 2015, and pleaded guilty on May 13, 2016.
Steven Brown: According to court documents, on May 6, 2015, officers with the Garland County Sheriff’s Office located Brown riding in the passenger seat of a vehicle in the Hot Springs area. Officers apprehended Brown on outstanding warrants and conducted a search of the vehicle, finding a small amount of methamphetamine, ammunition, and a stolen Springfield 9mm pistol wedged in Brown’s seat. Due to Brown’s prior felony convictions, he was charged with Felon in Possession of a Firearm. Brown was indicted by a federal grand jury on September 16, 2015, and pleaded guilty on May 13, 2016.
“Keeping drugs and weapons out of the hands of criminals in our communities remains a priority for HSI”, said Special Agent in Charge of HSI New Orleans Raymond R. Parmer, Jr. “Together with our law enforcement partners we will continue to target these criminal elements and bring them to justice.” Parmer is the Special Agent in Charge of the New Orleans field office with responsibility for Arkansas, Alabama, Louisiana, Mississippi, and Tennessee.
These cases were investigated by Homeland Security Investigations (HSI), 18th East Judicial Drug Task Force, Alcohol Tobacco, and Firearms, and the Garland County Sheriff’s Office. Assistant United States Attorney David Harris prosecuted the cases for the United States.
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Oklahoma Pair Sentenced to Total of 8 Years in Federal Prison for Drug TraffickingRead the Press Release
Fort Smith, Arkansas - Kenneth Elser, United States Attorney for the Western District of Arkansas, announced that Che Raffael Tidwell and Jill Allison Bradley both of Pocola, Oklahoma, were sentenced today on one count each of Aiding and Abetting the Distribution of Methamphetamine. Tidwell, age 37, was sentenced to 60 months in federal prison followed by three years of supervised release. Bradley, age 37, was sentenced to 36 months in federal prison followed by three years of supervised release. The Honorable Chief Judge P.K. Holmes, III presided over the sentencing hearings in the United States District Court in Fort Smith.
According the plea agreements, on or about January 21, 2016, law enforcement agents arranged for a controlled purchase of one ounce of methamphetamine from Tidwell and Bradley. Tidwell was given $1,000 in exchange for what has been determined to be 28.9 grams of a substance containing 95.9% methamphetamine. Tidwell and Bradley were indicted by a federal grand jury in March, 2016 and each pleaded guilty in June, 2016.
The investigation was led by the Drug Enforcement Administration, Sebastian County Sheriff’s Office, Crawford County Sheriff’s Office, Arkansas State Police, Fort Smith Police Department, Van Buren Police Department, 12th Judicial Drug Task Force, and the 21st Judicial Drug Task Force. Assistant United States Attorney Aaron Jennen prosecuted the case for the United States.
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15 Defendants Arrested Following Drug Trafficking Investigation and RoundupRead the Press Release
Fort Smith, Arkansas – Kenneth Elser, United States Attorney for the Western District of Arkansas; L. Diane Upchurch, Special Agent in Charge of the FBI; and David Ethredge, Prosecuting Attorney for the Fourteenth Judicial District of Arkansas, announced that fifteen individuals were arrested today by local, state, and federal law enforcement as part of a roundup following an over year-long investigation into methamphetamine trafficking in Boone, Baxter, Searcy, Newton, Benton and Washington Counties in Arkansas, and the states of Missouri and Oklahoma. Eleven defendants were arrested on federal charges and four were arrested on state charges. Three additional defendants, Juan Delacruz Albarran, Juan Ramirez Vargas and Joseph Macormick Elder had already been arrested on federal charges and are in custody. Law enforcement also executed seven federal and 4 state search warrants in Arkansas and one federal search warrant in Missouri.
On October 5, 2016, a federal grand jury returned three (3) separate indictments charging 19 individuals in the Harrison, Arkansas and Missouri area with a large-scale drug trafficking conspiracy. The indictments included a total of 37 counts, all of which involved the distribution of methamphetamine. The indictments were unsealed today.
“Today’s arrests reflect our commitment to removing criminal organizations trafficking methamphetamine into our communities throughout Arkansas,” stated Diane Upchurch, Special Agent in Charge with the FBI in Little Rock. “We must be diligent and wipe out these networks in Arkansas. We appreciate the efforts of our federal, state and local law enforcement partners, and the state and federal prosecutors who faithfully work to reduce overall crime and improve the quality of life for Arkansans.”
David Ethridge, Prosecuting Attorney for the 14th Judicial District of Arkansas commented, “I would like to thank the many law enforcement officers that worked so hard and so long on this investigation. By combining resources and working together, we were able to accomplish what none of us could have otherwise accomplished on our own.”
The federal defendants who were arrested today will appear in the United States District in Fort Smith before United States Magistrate Judge Mark Ford early next week.
This was a joint investigation between the Federal Bureau of Investigation, the 14th Judicial Drug Task Force, the 14th Judicial District Prosecuting Attorney, the Drug Enforcement Administration, the Arkansas State Police, the Boone County Sheriff, the Newton County Sheriff, the Searcy County Sheriff, the Carroll County Sheriff, the Baxter County Sheriff, the Washington County Sheriff, the McDonald County, Missouri Sheriff, the Harrison Police Department, the Springdale Police Department, the Arkansas National Guard, the United States Marshal’s Office, the Mayes County, Oklahoma District Attorney’s Office, and the Grand River Dam Authority (GRDA). Assistant United States Attorney Brandon Carter is prosecuting the case for the Western District of Arkansas.
An Indictment is merely an accusation. An arrest warrant represents a finding of probable cause that a person has committed a criminal offense. A person is presumed innocent unless or until he or she is proven guilty beyond a reasonable doubt in a court of law.
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Van Buren Man Pleads Guilty to Five Counts of Interstate Transporation of Minors for Sexual ActivityRead the Press Release
Fort Smith, Arkansas – Kenneth Elser, United States Attorney for the Western District of Arkansas, announced that Clarence C. Garretson, age 65, of Van Buren, Arkansas, appeared today in the United States District Court in Fort Smith before The Honorable Chief Judge P.K. Holmes, III and pleaded guilty to five counts of Interstate Transportation of a Minor with Intent to Engage in Criminal Sexual Activity in violation of 18 U.S.C. § 2423(a).
According to court records, the Federal Bureau of Investigation (FBI) initiated an investigation after a minor female (Minor #1) disclosed in May, 2016 that she had been raped by Garretson when he took her on a multi-state trip two years earlier. Garretson was an over-the-road truck driver for C & T Trucking company in Van Buren and he had requested and received a “rider waiver” from the trucking company so that the minor could accompany him on the trip. The minor was ten-years-old in 2014 and Garretson was 63 years old. Garretson stipulated and agreed in the plea agreement that he transported the minor in interstate commerce with the intent to engage in sexual activity with her and the sexual activity he engaged in with her was Rape, a Class Y felony.
During the course of the investigation, it was learned that in 1998 Garretson and his wife were approved by Arkansas Department of Human Services (DHS) to operate a foster home and later to become an adoptive home. The FBI Special Agent learned that DHS had received a report in 2002 from a foster child then living in the home that she had been sexually assaulted by Garretson. Based on that information, the agent began locating individuals who had been in foster care at the Garretson residence. Minor #2 was interviewed in June, 2016 and was a foster child in the home from 2000 to 2004. She disclosed that Garretson had taken her on over-the-road truck trips when she was his foster child. Garretson stipulated and agreed that he transported the minor in interstate commerce with the intent to engage in sexual activity with her, and that the sexual activity he engaged in with her was Violation of a Minor in the First Degree, a Class C felony. At the time of the offense, she was over 13 years of age, and less than 18 and the conduct engaged in was sexual intercourse. Garretson stipulated and agreed that Minor #2 was a foster child in his care, custody, and control when he transported her in interstate commerce with the intent to engage in sexual activity with her.
In 1999, DHS placed Minor #3 and his two older sisters in the Garretson home, and Minor #3 was legally adopted by them in 2001. Minor #3 was interviewed by the FBI Special Agent in July, 2016 and disclosed that Garretson had taken him on long distance truck trips starting in the summer of 2001 when he was 11 years old and that he had sexually assaulted him on multiple trips during summer vacation from school in 2002 and 2003. Garretson stipulated and agreed that he transported the minor in interstate commerce with the intent to engage in sexual activity with him, that the sexual activity he engaged in with him was Rape, a Class Y felony. Garretson stipulated and agreed that Minor #3 was in his care, custody and control when he transported him in interstate commerce with intent to engage in sexual activity with him.
In 1999, DHS placed Minor #5 and her two siblings in the Garretson home and she remained there until 2004. She was interviewed by the FBI Special Agent in July, 2016 and disclosed that she was sexually assaulted by Garretson on an over-the-road trip to California during the summer of 2000 when she was 13 years old. Garretson stipulated and agreed that he transported Minor #5 in interstate commerce with the intent to engage in sexual activity with her, that the sexual activity he engaged in with her was Rape, a Class Y felony, and that Minor #5 was in his care, custody, and control when he transported her in interstate commerce with intent to engage in sexual activity with her.
Minor #8 was born in 1993 and was interviewed by the FBI Special Agent in September, 2016. She stated that Garretson transported her and her siblings between Arkansas and California as a favor to her family since their parents lived in different states. She disclosed that in 2002 when she was 9 years old, Garretson had her sleep nude or partially nude in the bed with him inside the truck and engage in sexual activity with her. Garretson stipulated and agreed that he transported Minor #8 in interstate commerce with the intent to engage in sexual activity with her, and that the sexual activity he engaged in with her was Rape, a Class Y felony. He stipulated and agreed that Minor #8 was in his care, custody and control when he transported her in interstate commerce with the intent to engage in sexual activity with her.
Garretson was charged in a superseding indictment by a federal grand jury on October 4, 2016. Sentencing will be held at a later date.
The maximum penalty for count one of the superseding indictment is a maximum term of imprisonment for Life; a mandatory minimum term of imprisonment for 10 years; a maximum fine of $250,000; both imprisonment and fine. The maximum penalty for counts two, four, eight, and eleven are a maximum term of imprisonment of 15 years per count; a maximum fine of $250,000 per count; both imprisonment and fine. The defendant’s sentence will be determined by the court after review of factors unique to this case, including the defendant’s prior criminal record (if any), the defendant’s role in the offense, and the characteristics of the violations.
"Today’s guilty plea sends a clear cut message to those who want to take advantage of our children. We will find you and you will be prosecuted to the fullest extent of the law," stated Diane Upchurch, Special Agent in Charge at the FBI in Little Rock. "Garretson’s actions are horrifying and the FBI and the United States Attorney’s Office will work doggedly to put these predators behind bars. I commend the FBI personnel and the USAO in their efforts to bring justice to these young people."
This case was investigated by the Federal Bureau of Investigations (FBI) and assisted by the Van Buren Police Department. Assistant United States Attorneys Kyra Jenner and Candace Taylor prosecuted the case for the United States.
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Hope Woman Sentenced to Seven Years in Federal Prison for Drug TraffickingRead the Press Release
Texarkana, Arkansas - Kenneth Elser, United States Attorney for the Western District of Arkansas, announced that Brittany Frierson, age 31 of Hope, Arkansas, was sentenced today to 84 months in federal prison followed by (3) three years of supervised release on one count of Possession with Intent to Distribute Methamphetamine. The Honorable Susan O. Hickey presided over the sentencing hearing in the United States District Court in Texarkana.
According to the Plea Agreement, on June 26, 2014, agents with the Arkansas South Central Drug Task Force applied for, received, and executed a search warrant at a residence in Hope. The warrant was based on the fact that on two occasions, law enforcement had arranged for a controlled purchase of methamphetamine from Brittany Frierson, a resident of that house. Investigators seized digital scales and a total of 9.41 grams of a substance containing methamphetamine. Frierson provided a statement during a post Miranda interview admitting that the methamphetamine belonged to her and stated that she had sold approximately $1,000 of methamphetamine on a weekly basis for the past three years. The suspected substance was sent to the Arkansas State Crime Lab where it was tested and determined to be 8.86 grams of actual methamphetamine. Frierson was indicted by a federal grand jury on February 25, 2015 and pleaded guilty to the charge on March 31, 2016.
“Methamphetamine continues to ruin countless lives and families every day. Frierson’s sentencing today is a reflection of our unwavering commitment to taking this drug off the streets of Arkansas,” stated SAC Diane Upchurch with the Federal Bureau of Investigation in Little Rock. “We will continue to work with the Arkansas South Central Drug Task Force and the United States Attorney’s Office in the Western District to arrest and prosecute the individuals responsible for distributing dangerous drugs to our communities. I'm grateful for the hard work of the Agents, Task Force Officers, Analysts and other personnel who contributed to this success."
The investigation was led by the Arkansas South Central Drug Task Force and the Federal Bureau of Investigation. Assistant United States Attorney Jonathan Ross prosecuted the case for the United States.
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Three Springdale Residents Sentenced to Total of 17 Years in Federal Prison for Drug OffensesRead the Press Release
Fayetteville - Kenneth Elser, United States Attorney for the Western District of Arkansas, announced that Cinthia Banegas-Ruiz, age 23, was sentenced to 46 months in federal prison followed by 3 years of supervised release on one count of Conspiracy to Distribute Methamphetamine. The Honorable Timothy L. Brooks presided over the sentencing hearing this week in the United States District Court in Fayetteville.
According to court documents, in January of 2015, the Drug Enforcement Administration, in conjunction with the U.S. Postal Inspection Service, and local law enforcement agencies, began investigating a drug trafficking organization operating out of the Springdale and Rogers areas of Arkansas. On November 10, 2015, law enforcement received information that Jose Lepe, a co-defendant of Banegas-Ruiz, would be traveling to Texas to pick up methamphetamine and bring it back to the Western District of Arkansas where it would be distributed.
Agents conducted surveillance of the vehicle as the vehicle travelled to the Dallas, Texas area and then returned to the Western District of Arkansas. Law enforcement officers stopped the vehicle on Interstate 49 as it traveled northbound, in the Western District of Arkansas. Jose Lepe was identified as the driver of the vehicle and Banegas-Ruiz was seated in the backseat next to her two-year-old daughter. Upon a search of the vehicle, a Ziploc bag containing 106 grams of actual methamphetamine was located between the backseat and a speaker box, in an area only accessible by folding down the backseat in the area where Banagas-Ruiz and her child were seated.
Banagas-Ruiz provided a recorded statement to police, after waiving her Miranda rights. She admitted that she went to Dallas thinking that the purpose of the trip was to drop of money owed for drugs and she agreed that bringing her daughter along made them look less suspicious to law enforcement. An analysis of Banegas-Ruiz’s text messages revealed further communications relating to the distribution of methamphetamine.
A federal Grand Jury issued an Indictment for Banegas-Ruiz, Jose Lepe, and Rigoberto Benavidez on January 27, 2016. Banegas-Ruiz pleaded guilty on May 13, 2016.
Benavidez and Jose Lepe were both sentenced after pleading guilty to charges related to the distribution of methamphetamine. On July 11, 2016, Rigoberto Benavidez, age 26, was sentenced to 100 months imprisonment, followed by 3 years supervised release. And, on August 23, 2016, Jose Lepe, age 25, was sentenced to 63 months imprisonment followed by 3 years supervised release.
“Methamphetamine brings chaos into the lives of those who are addicted to or live around it,” stated Matthew Barden, DEA Assistant Special Agent in Charge of the Little Rock District Office. “Cinthia Banegas-Ruiz’ sentencing should be a warning to anyone thinking of polluting our communities with this addictive substance, especially those who endanger children in the process. DEA, along with our law enforcement partners are committed to investigating anybody that participates in the distribution of methamphetamine and other illegal and dangerous narcotics.”
This case was investigated by the Drug Enforcement Administration, U.S. Postal Inspection Service, Rogers Police Department, Springdale Police Department, and Arkansas State Police. Assistant United States Attorney Kimberly Davis Harris prosecuted the case for the United States.
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Oklahoma Man Sentenced to Six Years in Federal Prison for Child PornographyRead the Press Release
Texarkana, Arkansas - Kenneth Elser, United States Attorney for the Western District of Arkansas, announced that Patrick Kellam, age 43, of Broken Bow, Oklahoma, was sentenced to 72 months in federal prison and fifteen (15) years of supervised release on one count of Transportation of Child Pornography. The sentencing hearing took place before the Honorable Susan O. Hickey in the United States District Court in Texarkana.
According to the Plea Agreement, in March of 2013, the National Center for Missing and Exploited Children (NCMEC) had been notified that a cell phone and email address confirmed to belong to customer Patrick Kellam accessed and attempted to upload images of minors engaged in sexually explicit conduct. NCMEC notified the Arkansas State Police who turned the investigation over to Homeland Security Investigations (HSI) who were able to locate Kellam in Broken Bow after he had moved there from Arkansas. Agents contacted him at his home, and he acknowledged that he did access images of minors engaged in sexually explicit conduct and knew it as wrong. He admitted that child pornography was on his cell phone and that he had been downloading the images from different websites for some time. The devices that he had been using since 2013 were turned over to the Arkansas State Police who conducted a forensic analysis where they found child pornography on all of the devices. When Kellam moved from Arkansas to Oklahoma he transported in interstate commerce 67 images of child pornography, one of which depicted a child between the age of 6 – 9 years old being sexually assaulted by an adult male.
Kellam was indicted by a federal grand jury in March, 2016 and pleaded guilty to the charge in May, 2016.
“HSI works everyday with our state and local law enforcement partners to ensure the perpetrators of these despicable crimes are brought to justice”, said Special Agent in Charge of HSI New Orleans Raymond R. Parmer, Jr. “We will continue to aggressively investigate any allegations of child exploitation and seek justice for the victims.”
The investigation was led by Homeland Security Investigations and the Arkansas State Police. Assistant United States Attorney Candace Taylor prosecuted the case for the United States.
This case was 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 U.S. Attorneys’ Offices and their Criminal Division Child Exploitation and Obscenity Sections (CEOS), 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.
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Springdale Man Sentenced to 65 Months in Federal Prison for Drug TraffickingRead the Press Release
Fayetteville, Arkansas - Kenneth Elser, United States Attorney for the Western District of Arkansas, announced that Jose Maria Calderon, age 48 of Springdale, Arkansas, was sentenced today to 65 months in federal prison followed by three (3) years of supervised release on one count of Possession with Intent to Distribute 50 Grams of More of Methamphetamine. The Honorable Judge Timothy L. Brooks presided over the sentencing hearing in the United States District Court in Fayetteville.
According to the Plea Agreement, on two separate occasions between November, 2015 and March, 2016, investigators with the Drug Enforcement Administration (DEA) and the Springdale Narcotics Unit conducted two controlled buys with an intermediary for Calderon in which over 10 grams was delivered by the intermediary to a confidential source. During the incidents, Calderon would arrive at the public location and make contact with the intermediary but not receive funds nor directly distribute methamphetamine to the confidential source. Subsequently investigators issued a search warrant on Calderon’s address in Springdale. When officers arrived, Calderon was searched and found to have $783 in cash and two cell phones on his person. He was informed of his Miranda rights and agreed to cooperate and led officers to a large quantity of methamphetamine concealed inside a lampshade. He admitted that during the past year he had been receiving methamphetamine each month. In addition to methamphetamine, officers found 1.14 grams of cocaine, $15,699 in U.S. currency, digital scales, packaging materials, a heat sealer, and wire transfer receipts. The suspected methamphetamine was sent to the Arkansas State Crime Lab where it was determined to be 294 grams of actual methamphetamine. The suspected cocaine was also tested and confirmed to be 1.4 grams of a mixture or substance containing cocaine.
Calderon was indicted by a federal grand jury in May, 2016 and pleaded guilty in July, 2016.
“Methamphetamine is a highly addictive drug and one of the most destructive drugs we face today. DEA and our law enforcement partners are working hard to thwart the threat of methamphetamine distribution and abuse here in the Western District of Arkansas,” stated DEA Assistant Special Agent in Charge Matthew Barden. “We have successfully collaborated in order to put this drug dealer in federal prison as a result of his desire to supply the citizens in Springdale with methamphetamine.”
The investigation was led by the Drug Enforcement Administration and the Springdale Narcotics Unit. Assistant United States Attorney Amy Driver prosecuted the case for the United States.
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Southwest Arkansas Man Sentenced to over Seven Years in Federal Prison for Firearms ViolationRead the Press Release
Texarkana, Arkansas – Kenneth Elser, United States Attorney for the Western District of Arkansas, announced that Bobby Joe Hampton, age 29 of Wilton, Arkansas, was sentenced today to 87 months and 23 days in federal prison on one count of Felon in Possession of a Firearm. The sentence is to run concurrent with the remaining undischarged state sentence received in Miller County. Hampton was indicted by a federal grand jury in March, 2014 and was found guilty after a two-day jury trial in July, 2015. The Honorable Judge Susan O. Hickey presided over the sentencing in the United States District Court in Texarkana.
This case was investigated by the Texarkana Police Department. Assistant United States Attorney David Harris prosecuted the case for the United States.
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Fort Smith Man Pleads Guilty to Defrauding Investors and the Department of Health and Human ServicesRead the Press Release
Fort Smith, Arkansas - Kenneth Elser, United States Attorney for the Western District of Arkansas, announced that William Jackson Moates, Jr., age 49, of Fort Smith, Arkansas, pled guilty today to two counts of Wire Fraud and one count each of Mail Fraud, Theft Concerning a Program Receiving Federal Funds, Money Laundering, and Theft or Embezzlement from an Employee Benefit Plan. The Honorable Chief Judge P.K. Holmes, III accepted the plea in the United States District Court in Fort Smith.
The defendant, WILLIAM JACKSON MOATES, JR., and others owned several businesses operating in Fort Smith, Arkansas. Those businesses included: Trilennium Financial Alliance, an investment, tax and accounting firm; T3Vest, an investment arm of Trilennium; Burrito Brothers, which operated a restaurant called Blaze’n Burrito; and B3NWCR, a credit card processing company operating under the name “Guardian.”
MOATES, with the assistance of others, solicited and received monies from investment clients and employee benefit plans that MOATES represented he would use to invest in various products to include annuities, precious metals, businesses, precious stones, art, automobiles and real estate.
MOATES established bank accounts for the investments, which gave him signature authority on the account and allowed the accounts to be linked to one another utilizing banking software provided by the bank. This software gave MOATES and others the ability to make online transfers from one account to another.
From early-to-mid 2010 to January 2015, MOATES received investments from at least 25 different client investors, which were not invested as represented by MOATES. Instead, those monies were diverted by MOATES to his own personal use, to pay back other investors, and by MOATES and others to the use of the various businesses. MOATES used investor funds to renovate his home, take vacations, make credit card payments, make payments to personal iTunes and Amazon accounts, make contributions to local charitable organizations, and make home mortgage payments. MOATES and others also diverted investor funds to pay operating and other business expenses for the businesses.
MOATES was also an agent of another corporation, Physicians Alliance. Physician’s Alliance was a company that was set up by MOATES and others and initially funded with money received through an Advance Payment Agreement with the U.S. Department of Health and Human Services, Centers for Medicare & Medicaid Services. The agreement provided for more than $2.5 million to be paid to Physicians Alliance beginning in February 2013, which could only be spent as authorized pursuant to an approved spending plan contained in the agreement.
As to Count Five, MOATES deposited $500,000 in investor funds in the form of a check, which caused an interstate wire to be sent from the Western District of Arkansas to the Federal Reserve Bank in St. Louis, Missouri, in order to settle the check. MOATES did not invest those funds as he had represented to the client.
As to Count Eleven, MOATES sent an email from the Western District of Arkansas to an insurance brokerage firm in Topeka, Kansas, which had documents attached to it representing that an investment client had more than $7.5 million in annuities. The documents were completely fabricated and were used to obtain an insurance policy for that client.
As to Count Twelve, MOATES obtained $200,000 in Federal monies given to Physicians Alliance pursuant to the advance payment agreement, which was not provided for in the approved spending plan. This money was used to pay back an investment client that had given MOATES money that he never invested.
As to Counts Thirteen and Fourteen, MOATES mailed two annuity surrender requests for an investment client from the Western District of Arkansas to Austin, Texas, utilizing UPS, after representing to the client that he would invest the proceeds. MOATES later received the proceeds from the surrender requests and never invested them as represented. MOATES utilized $20,000 of those proceeds to make a credit card payment.
As to Count Twenty-Four, MOATES helped a small, family-owned pool company establish an employee benefit plan subject to ERISA. The company initially funded the plan with a $150,000 check, which was given to MOATES. MOATES established a bank account for the plan and provided the bank with a forged document purporting to have been signed by an agent of the company, which made T3Vest the plan sponsor. This allowed MOATES to deposit the check into an account controlled by him, and he never invested the money on behalf of the plan.
The intended loss amount attributable to the defendant will be determined at a later date. However, the defendant and the government agree that it is at least $3.5 million but less than $9.5 million.
Moates will be sentenced at a later date, and his sentence will be determined by the court after review of factors unique to this case, including his prior criminal record (if any), his role in the offense, and the characteristics of the violations. The sentence will not exceed the statutory maximum and in most cases will be less than the maximum. Each count of Wire Fraud carries a maximum penalty of 20 years imprisonment, a maximum fine of $250,000 or both; Mail Fraud carries a maximum penalty of 20 years imprisonment, a maximum fine of not more $250,000, or both; ; Theft Concerning Programs Receiving Federal Funds carries a maximum penalty of 10 years imprisonment, not more than $250,000 fine, both; Money Laundering carries a maximum penalty of 10 years imprisonment, a maximum fine of 250,000 or twice the value of the property involved in the transaction, or both; Theft or Embezzlement from Employee Benefit Plan carries a maximum penalty of 5 years imprisonment, not more than $250,000 fine, or both.
This case was investigated by the Federal Bureau of Investigation (FBI), Health and Human Services - Office of Inspector General, and the Department of Labor – Employee Benefits Security Administration. Assistant United States Attorney Aaron Jennen is prosecuting the case for the United States.
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Crossett Man Sentenced to 37 Months in Federal Prison for Firearms ViolationRead the Press Release
El Dorado, Arkansas – Kenneth Elser, United States Attorney for the Western District of Arkansas, announced that Samuel Calvin Richardson, Jr., age 33 of Crossett, Arkansas, was sentenced today to 37 months in federal prison and three years of supervised release for one count of Felon in Possession of a Firearm. The Honorable Judge Susan O. Hickey presided over the sentencing in the United States District Court in El Dorado.
According to court records, on April 6, 2015, Crossett Police responded to a call of shots fired near a school in Crossett. Multiple officers responded and found Richardson and another individual in the parking lot and noted a strong smell of alcohol. One of the officers advised Richardson that he was going to pat him down for weapons. Richardson responded negatively and began to backup and ran off on foot. Officers caught up to him and took him to the ground when Richardson began reaching for his waist band and would not bring his hands behind his back. Officers were able to get him under control and found a 9 mm pistol in a holster under his jacket when they patted him down. Officers also found Richardson in possession of a badge at the time of his arrest. The weapon had a live round in the chamber with four rounds in the magazine. Richardson was mirandized and interviewed the next day and stated that he knew he was a felon and shouldn’t have the weapon and that he found it in a house he recently moved into. At the time he possessed the firearm, Richardson had a felony conviction for Felon in Possession of a Firearm in January of 2014 which was punishable by imprisonment exceeding one year.
Richardson was indicted by a federal grand jury in July, 2015 and pleaded guilty to the charge in November, 2015.
This case was investigated by the Crossett Police Department. Assistant United States Attorney Benjamin Wulff prosecuted the case for the United States.
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Major Player in Drug Trafficking Organization Sentenced to Twelve and One-Half Years in Federal PrisonRead the Press Release
Fort Smith, Arkansas - Kenneth Elser, United States Attorney for the Western District of Arkansas, announced that Jose Mendez-Alvarado, age 39 of Fort Smith, was sentenced today to 150 months in federal prison followed by five (5) years of supervised release on one count of Possession with Intent to Distribute More than 50 Grams of Actual Methamphetamine, Aiding and Abetting. Twelve other defendants who were a part of this drug trafficking organization in the Fort Smith area were previously sentenced to federal prison. The Honorable Chief Judge P.K. Holmes, III presided over the sentencing hearing in the United States District Court in Fort Smith.
According to court records, in November 2014, law enforcement in Fort Smith learned that large quantities of methamphetamine were being distributed in the area by Jose Mendez-Alvarado, and other members of a drug trafficking organization. Over the course of the next several months, investigators conducted six separate controlled purchases from Mendez-Alvarado and his associates. In early June 2015, Mendez-Alvarado traveled to California to pick up a large amount of methamphetamine and bring it back to Fort Smith for distribution. On his way back from California in mid-June, Mendez-Alvarado was stopped for a traffic violation in Fort Smith and approximately 11 pounds of methamphetamine was seized by law enforcement. Each of the defendants was indicted by a federal grand jury in September, 2015.
Listed below are the other defendants, their charges, and their sentences:
- Armando Picazo, age 30 of Fort Smith, was sentenced to 240 months in federal prison and five years of supervised release on each of two counts of Possession with Intent to Distribute More than 50 Grams of Actual Methamphetamine, Aiding and Abetting. The sentences will run concurrent with each other.
- Ascencion Salas-Macias, age 31, of Fort Smith, was sentenced to 151 months in federal prison and five years of supervised release for Possession with Intent to Distribute More than 50 Grams of Actual Methamphetamine, Aiding and Abetting
- Amber Nicole Cottrell, age 28 of Fort Smith, was sentenced to 30 months in federal prison and three years of supervised release for Conspiracy to Distribute Methamphetamine
- Casey Allen Cottrell, age 31, of Fort Smith, was sentenced to 70 months in federal prison and three years of supervised release for Conspiracy to Distribute Methamphetamine
- John Wayne Davis, age 41, of Cabot, was sentenced to 51 months in federal prison and three years of supervised release for Conspiracy to Distribute Methamphetamine
- Aris Orellana, age 29, of Fort Smith, was sentenced to 46 months in federal prison and three years of supervised release for Conspiracy to Distribute Methamphetamine
- Erick Padilla, age 35, of Oklahoma City, Oklahoma, was sentenced to 87 months in federal prison and three years of supervised release for Conspiracy to Distribute Methamphetamine
- Maria D. Jesus Martinez, age 33, of Fort Smith, was sentenced to 120 months in federal prison and three years of supervised release for Conspiracy to Distribute Methamphetamine
- Joseph Glenn Kutter, age 31 of Van Buren, was sentenced to 70 months in federal prison and three years of supervised release for Conspiracy to Distribute Methamphetamine
- Jose Quinones, age 37, of Fort Smith, was sentenced to 24 months in federal prison and three years of supervised release for Conspiracy to Distribute Methamphetamine
- Melinda Sue Quinones, age 39, of Fort Smith, was sentenced to 24 months in federal prison and two years of supervised release for Conspiracy to Distribute Methamphetamine
- Noel Ramirez-Osorio, age 31, of Oklahoma City, Oklahoma, was sentenced to 51 months in federal prison and three years of supervised release for Conspiracy to Distribute Methamphetamine
- Roxana Cardona, age 32, of Revere, Massachusetts, was sentenced to 46 months in federal prison and three years of supervised release for Conspiracy to Distribute Methamphetamine.
- Jose Christian Lemus-Vanegas, age 34, of Houston, Texas pleaded guilty to Conspiracy to Distribute Methamphetamine in May, 2016 and is awaiting sentencing.
“The successful prosecution and sentencing of members of this drug trafficking organization, to include Jose Mendez-Alvarado, should be a warning to anyone thinking of polluting our communities with this addictive substance,” said DEA Special Agent in Charge Stephen G. Azzam. “DEA, along with our law enforcement partners, are committed to investigating illegal organizations that profit from the distribution of methamphetamine as well as educating the public as to the dangers of this deadly scourge.”
Agencies that took part in the investigation were the Drug Enforcement Administration (DEA), the Fort Smith Police Department, The Sebastian County Sheriff’s Office, and the 12th Judicial District Drug Task Force. Assistant United States Attorney Candace Taylor prosecuted the case for the United States.
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- Armando Picazo, age 30 of Fort Smith, was sentenced to 240 months in federal prison and five years of supervised release on each of two counts of Possession with Intent to Distribute More than 50 Grams of Actual Methamphetamine, Aiding and Abetting. The sentences will run concurrent with each other.
Alma Man Sentenced to 30 Months in Federal Prison for Child PornographyRead the Press Release
Fort Smith, Arkansas - Kenneth Elser, United States Attorney for the Western District of Arkansas, announced that Jacob Bowman, age 39, of Alma, Arkansas, was sentenced to 30 months imprisonment followed by five (5) years of supervised release on one count of Knowing Possession of Images of Child Pornography. The sentencing took place before the Honorable Chief Judge P.K. Holmes, III in the United States District Court in Fort Smith.
According to the plea agreement, on April 14, 2015, law enforcement received a cyber-tip from the National Center for Missing and Exploited Children that a particular Dropbox account contained images and videos depicting minors engaging in sexually explicit conduct. The account was found to have been created by Bowman. An examination of his cell phone revealed that the phone contained images of child pornography. Bowman was indicted by a federal grand jury on December 9, 2015 and pleaded guilty on May 12, 2016.
“The children depicted in these images, that were illegally shared, are victimized time and time again,” said Assistant Special Agent in Charge David Shepard with the FBI in Little Rock. “Today’s sentencing illustrates the FBI’s dedication to rooting out child pornography and demonstrates the commitment of the United States Attorney’s Office to prosecute those who distribute child pornography and those affiliated with Project Safe Childhood to locate and apprehend these individuals.”
This case was investigated by the Federal Bureau of Investigations. Assistant United States Attorney Ashleigh Buckley prosecuted the case for the United States.
The case was 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 U.S. Attorneys’ Offices and their Criminal Division Child Exploitation and Obscenity Sections (CEOS), 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.
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Fort Smith Man Sentenced to 12 1/2 Years in Federal Prison for Sex Trafficking of a MinorRead the Press Release
Fayetteville - Kenneth Elser, United States Attorney for the Western District of Arkansas, announced that Randall Tyrell Steward, aka Randall Stewart, aka “Trouble”, age 31 of Fort Smith, was sentenced today to 151 months in federal prison and five (5) years of supervised release on one count of Sex Trafficking of a Minor. The sentencing took place before the Honorable Judge Timothy L. Brooks in the United States District Court in Fayetteville.
According to court records, on August 27, 2015, a 17-year-old female was interviewed by the Federal Bureau of Investigation (FBI). She reported that she had run away from home and came in contact with Steward in early June of 2015. She stated she worked as a prostitute for Steward out of a Fayetteville, Arkansas hotel and that Steward used backpage.com to advertise her as a prostitute. Agents were able to obtain records from the Fayetteville hotel and backpage.com to corroborate the information that the minor female victim had provided. Steward was indicted by a federal grand jury in October, 2015 and pleaded guilty to the charge in December, 2015.
“The sentence today for Steward is the result of effective collaboration among law enforcement and our enduring resolve to protect juveniles from being exploited for the purpose of prostitution,” stated Special Agent in Charge Diane Upchurch with the Federal Bureau of Investigation in Little Rock. “We appreciate the strong commitment of the United States Attorney’s Office and our federal, state and local partners who continue to work to identify these predators and their victims.”
This case was investigated by the Federal Bureau of Investigation (FBI) and the Fort Smith Police Department. Assistant United States Attorney Aaron Jennen prosecuted the case for the United States.
The case was 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 U.S. Attorneys’ Offices and their Criminal Division Child Exploitation and Obscenity Sections (CEOS), 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.
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Texas Man Sentenced to 15 1/2 Years in Federal Prison for Transporting a Minor Across State Lines for SexRead the Press Release
Fort Smith, Arkansas - Kenneth Elser, United States Attorney for the Western District of Arkansas, announced that William Thomas Hammond, age 47, of Cleburne, Texas, was sentenced to 188 months in federal prison followed by ten (10) years of supervised release on one count of Transportation of a Minor with Intent to Engage in Criminal Sexual Activity. The sentencing hearing took place before the Honorable Chief Judge P. K. Holmes, III in the United States District Court in Fort Smith.
According to the plea agreement, in the Spring of 2015, Hammond began an online relationship with a 14-year-old minor female that included conversations of a sexual nature. In April of 2015, Hammond traveled from his residence in Cleburne, Texas to Harrison, Arkansas, rented a hotel room for several days, and engaged in sexual intercourse with a 14-year-old minor who he had picked up at her residence in Mt. Judea. On or about May 14, 2015, Hammond traveled from his residence in Cleburne, Texas to Mt. Judea, Arkansas where he picked up the minor and took her back to his residence in Texas. On or about May 17, 2015, Hammond was stopped by a Newton County Sheriff’s deputy and was found to be traveling with the minor. During an interview with the minor, she advised Hammond picked her up in Arkansas and took her to Texas and engaged in sexual intercourse with her on several occasions before bringing her back to Arkansas. Hammond was indicted by a federal grand jury on December 9, 2015 and pleaded guilty on May 11, 2016.
"The sentencing of Hammond is the result of strong collaboration with the Newton County Sheriff’s Office and Project Safe Childhood,” said Assistant Special Agent in Charge David Shepard with the FBI in Little Rock. “The United States Attorney’s Office and the FBI along with our law enforcement partners will work tirelessly to bring to justice those who prey on our children and rob them of their innocence.”
This case was investigated by the Federal Bureau of Investigation and the Newton County Sheriff’s Office. Assistant United States Attorney Denis Dean prosecuted the case for the United States.
This case was 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 U.S. Attorneys’ Offices and their Criminal Division Child Exploitation and Obscenity Sections (CEOS), 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.
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West Fork Man Sentenced to 25 Years in Federal Prison for Production of Child PornographyRead the Press Release
Fayetteville, Arkansas - Kenneth Elser, United States Attorney for the Western District of Arkansas, announced that Nathan Robert Wesley Johnson, age 26, of West Fork, was sentenced today to 300 months imprisonment followed by 25 years of supervised release for Production of Child Pornography. The sentencing hearing took place before the Honorable Judge Timothy L. Brooks in the United States District Court in Fayetteville.
According to the plea agreement, Nathan Johnson admitted to chatting online with a 15-year-old girl residing in Fort Smith and encouraging her to send him naked pictures of herself. He admitted to using the Facebook Messenger application on his cell phone to chat with her and obtain these pictures. Johnson was indicted by a federal grand jury on March 16, 2016 and pleaded guilty on April 13, 2016.
“Today’s sentencing reflects Johnson’s despicable conduct in demeaning and subjecting the victim to sexual exploitation,” said Assistant Special Agent in Charge David Shepard with the Federal Bureau of Investigation in Little Rock. “We appreciate the steadfast efforts of the U.S. Attorney’s Office and the Fort Smith Police Department as well as our federal, state, and local partners associated with Project Safe Childhood.”
This case was investigated by Federal Bureau of Investigation and the Fort Smith Police Department. Assistant United States Attorney Ashleigh Buckley prosecuted the case for the United States.
This case was 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 U.S. Attorneys’ Offices and their Criminal Division Child Exploitation and Obscenity Sections (CEOS), 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.
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Virginia Man Sentenced to One Year in Federal Prison for StalkingRead the Press Release
Fayetteville, Arkansas - Kenneth Elser, United States Attorney for the Western District of Arkansas, announced that James Daniel Hobgood, age 36, of Manakin Sabot, Virginia, was sentenced yesterday to 12 months and one (1) day in prison followed by three (3) years supervised release on one count of Stalking. Hobgood was also ordered to perform 180 hours of community service and to pay over $2,300.00 in victim restitution. The Honorable Timothy L. Brooks presided over the sentencing hearings in the United States District Court in Fayetteville.
According to the plea agreement, in August, 2015, a female contacted law enforcement in the Western District of Arkansas claiming that she was being persistently harassed by James Daniel Hobgood who lived in Richmond, Virginia. The victim reported to agents with Homeland Security Investigations that she had met and to some extent became romantically involved with Hobgood while living in Richmond, however, after a short period of time, she began rebuffing his advances. In January, 2015, she moved from Richmond to Northwest Arkansas and Hobgood began contacting her by email, Facebook messages, and third party text messages, demanding that she apologize to him in person. When she did not acquiesce to Hobgood’s demand, he created publically accessible social media accounts in which he represented her to be an exotic dancer and escort. He sent letters to her employer both by the internet and the U.S. Postal Service, claiming that she was a stripper and an escort in an attempt to get her fired. He repeatedly contacted her and her family demanding that she apologize or that he would continue to expose certain alleged aspects of her past. Hobgood’s behavior caused her substantial emotional distress resulting in her being hospitalized for a short period of time. When agents contacted Hobgood about his involvement with the victim, he informed them that he would not stop contacting her until he cost the victim her job based on her lies, and/or that she repent for the perceived wrongs she committed against him. He admitted to sending the victim, her family, and her employer communications by internet, telephone, and postal service telling them she was an exotic dancer and that he was not going to stop. Law enforcement was able to corroborate the claims of the victim by his cell phone history and Facebook history. Hobgood was indicted by a federal grand jury on October 28, 2015 and pleaded guilty on April 13, 2016.
“This case demonstrates that we will investigate, arrest and seek prosecution of anyone utilizing the internet or mail services for nefarious intentions”, said ICE’s Homeland Security Investigations Special Agent in Charge Raymond R. Parmer, Jr. “Stalking and harassing someone over the internet or through the mail is a serious matter and we will continue working with our state and local law enforcement partners to ensure these types of criminals are brought to justice.”
This case was investigated by the Homeland Security Investigations, Richmond, Virginia Police Department, and the Henrico County, Virginia Sheriff’s Office. Assistant United States Attorney Denis Dean prosecuted the case for the United States.
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Rogers Man Sentenced to Maximum of 20 Years in Federal Prison for Drug TraffickingRead the Press Release
Fayetteville, Arkansas - Kenneth Elser, United States Attorney for the Western District of Arkansas, announced that Francisco Sanchez, age 37 of Rogers, was sentenced today to 240 months in federal prison followed by three years of supervised release on one count of Conspiracy to Distribute Methamphetamine. Sanchez was also ordered to pay a $5,000 fine. The Honorable Judge Timothy L. Brooks presided over the sentencing hearing in the United States District Court in Fayetteville.
According to the plea agreement, on October 13, 2015, deputies of Benton County Sheriff’s Office while conducting surveillance, approached and detained Sanchez while he was parked at a car wash in Rogers. A drug detecting canine conducted an open air sniff on the defendant’s vehicle and alerted for the presence of contraband. Pursuant to this, the vehicle was searched and deputies located two separate packages of methamphetamine and a handgun. The suspected substance was sent to the DEA South Central Laboratory where it was tested and confirmed to be 333.1 grams of actual methamphetamine. Sanchez was indicted by a federal grand jury on May 11, 2016 and pleaded guilty on May 25, 2016.
“Through unprecedented partnerships with local enforcement, we are making major progress in preventing meth trafficking from taking hold in our community. This investigation is a compelling example of that success,” said DEA Assistant Special Agent in Charge Matthew Barden. “We will stand firmly to ensure that criminals who peddle in these poisons and wreak havoc in our communities will face consequences for their criminal activities.”
This case was investigated by the Drug Enforcement Administration and the Benton County Sheriff’s Office. Assistant United States Attorney Brandon Carter prosecuted the case for the United States.
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Area Man Sentenced to 30 Months in Federal Prison for Conspiracy to Commit Sex Trafficking of a ChildRead the Press Release
Fort Smith, Arkansas - Kenneth Elser, United States Attorney for the Western District of Arkansas, announced that Gage James Lester, age 20, was sentenced to 30 months in federal prison followed by three (3) years of supervised release on one count of Conspiracy to Commit Sex Trafficking of a Child. The sentencing hearing took place before the Honorable Chief Judge P. K. Holmes, III in the United States District Court in Fort Smith.
According to court records, during an FBI interview, Lester was identified as providing an underage female for sex to another human trafficker he was associated with. The fifteen-year-old female initially denied being trafficked by Lester, but later admitted to being trafficked and said she lied because she was trying to protect him. She detailed how her and another then fourteen-year-old female were trafficked by Lester during the summer of 2014. She stated that Lester advertised them as prostitutes and that most of the money that was made by them was given to him. The FBI identified three ads posted in the “Fort Smith Escorts” section of the website that were used to advertise the two females. Lester was indicted by a federal grand jury on October 28, 2015 and pleaded guilty on April 25, 2016.
This case was investigated by the Federal Bureau of Investigation and the Fort Smith Police Department. Assistant United States Attorney Aaron Jennen prosecuted the case for the United States.
This case was 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 U.S. Attorneys’ Offices and their Criminal Division Child Exploitation and Obscenity Sections (CEOS), 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.
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Hot Springs Man Sentenced to Twenty Years in Federal Prison for Drug TraffickingRead the Press Release
Hot Springs, Arkansas - Kenneth Elser, United States Attorney for the Western District of Arkansas, announced that Cedric Easter, age 30 of Hot Springs, was sentenced yesterday to 240 months in federal prison followed by three years of supervised release on one count of Conspiracy to Distribute Methamphetamine. The Honorable Judge Susan O. Hickey presided over the sentencing hearing in the United States District Court in Hot Springs.
According to the plea agreement, during the month of April, 2014, agents with Homeland Security Investigations (HSI) and detectives from the 18th East Judicial Drug Task Force began investigating Easter for selling methamphetamine in the Western District of Arkansas. In June, 2014, officers executed a state search warrant at a residence in Hot Springs and recovered documents associated with Easter as well as a large amount of U.S. currency and a 9mm pistol.
Investigators were able to review numerous phone records which showed incriminating text messages between Easter and others dating back to March, 2014 wherein drug amounts were discussed.
Between July 30, 2014 and December 9, 2014, law enforcement made four controlled buys of methamphetamine from Easter. Subsequent to the last controlled buy, agents executed a search warrant at Easter’s residence where he was located and arrested. During the search, agents located and seized marijuana, a 9mm pistol, and $5,560 in U.S. currency. Agents also executed a search warrant at Easter’s neighbor’s residence due to information that Easter was keeping drugs at that residence. Agents discovered approximately four ounces of methamphetamine and $9,000 in U.S. currency.
During a post-Miranda statement, Easter admitted to selling methamphetamine in the Hot Springs area with others and admitted that the drugs and money found at the neighbor’s residence were his. He also admitted that he knew about the two firearms seized during the investigation. The suspected substances obtained were sent to the Arkansas State Crime Lab where they tested positive for methamphetamine.
Easter was indicted by a federal grand jury on November 19, 2014 and pleaded guilty on July 31, 2015.
“Removing drugs and weapons from our communities makes them safer and will remain one of our top priorities”, said Special Agent in Charge of HSI New Orleans Raymond R. Parmer, Jr. “Together with our law enforcement partners we will continue to target these criminal elements.
This case was investigated by Homeland Security Investigations and the 18th East Judicial Drug Task Force. Assistant United States Attorney David Harris prosecuted the case for the United States.
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Northwest Arkansas Pair Sentenced to 71 Months in Federal Prison for Drug TraffickingRead the Press Release
Fort Smith, Arkansas - Kenneth Elser, United States Attorney for the Western District of Arkansas, announced that Sherri Vanderpool, age 38, of Harrison, Arkansas, and Helen Smith, age 49, of Marble Falls, Arkansas were sentenced today for drug trafficking charges. Vanderpool was sentenced to 41 months in federal prison followed by three (3) years of supervised release on one count of Distribution of Methamphetamine. Smith was sentenced to 30 months in federal prison followed by three (3) years of supervised release on one count of Aiding and Abetting in the Distribution of Methamphetamine. The Honorable Chief Judge P.K. Holmes, III presided over the sentencing hearing in the United States District Court in Fort Smith.
Vanderpool: According to the plea agreement, on February 3, 2016, the Drug Enforcement Administration arranged for a controlled purchase of two ounces of methamphetamine from Sherri Vanderpool. On that same day, Vanderpool sold approximately 2 ounces of methamphetamine for $2,600. The suspected substance was sent to the DEA Laboratory where it was confirmed to be a mixture containing 44.0 grams of actual methamphetamine.
Smith: According to the plea agreement, on December 8, 2015 during a controlled purchase arranged by the Drug Enforcement Administration, Helen Smith provided methamphetamine in exchange for $500. The suspected substance was sent to the DEA Laboratory where it was determined to be a mixture of 6.7 grams of actual methamphetamine.
Vanderpool and Smith were both indicted by a federal grand jury on March 16, 2016, and both pleaded guilty on April 25, 2016.
These cases were investigated by the Drug Enforcement Administration. Assistant United States Attorney Denis Dean prosecuted the cases for the United States.
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Springdale Man Sentenced to 75 Months in Federal Prison for Drug TraffickingRead the Press Release
Fayetteville, Arkansas - Kenneth Elser, United States Attorney for the Western District of Arkansas, announced that Jorge Gonzalez, age 38, of Springdale, was sentenced today to 75 months in federal prison followed by three years of supervised release and was ordered to pay a $2400 fine on one count of Distribution of Methamphetamine. The Honorable Timothy L. Brooks presided over the sentencing hearing in the United States District Court in Fayetteville.
According to the plea agreement, on February 3, 2016, Drug Enforcement Administration agents and task force officers arranged for a controlled purchase of one ounce of methamphetamine from Jorge Gonzalez. On that same day, Gonzalez sold approximately one ounce of methamphetamine for $1,400. The suspected substance was sent to the DEA Laboratory where it was confirmed to be a mixture containing 27.4 grams of actual methamphetamine. Gonzalez was indicted by a federal grand jury on March 16, 2016 and pleaded guilty on May 12, 2016.
This case was investigated by the Drug Enforcement Administration agents and task force members. Assistant United States Attorney Amy Driver prosecuted the case for the United States.
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Pair Sentenced to Total of 16 Years in Federal Prison for Drug TraffickingRead the Press Release
Hot Springs, Arkansas - Kenneth Elser, United States Attorney for the Western District of Arkansas, announced that two defendants were sentenced last week for drug trafficking. Michael Weldon Fryar, age 32 of Pearcy, Arkansas, was sentenced on July 28 to 110 months in federal prison followed by three (3) years of supervised release on one count of Conspiracy to Distribute Methamphetamine. Larry Nevels, Jr., age 29, of Mountain Pine, Arkansas, was sentenced on July 29 to 84 months in federal prison followed by three (3) years of supervised release on one count of Possession with Intent to Distribute Methamphetamine. The Honorable Susan O. Hickey presided over the sentencing hearings in the United States District Court in Hot Springs.
Fryar: According to the court records, in June, 2015, investigators with Homeland Security Investigations (HSI) as well as the 18th East Drug Task Force in Garland County began receiving reports that Fryar was distributing methamphetamine in the area. Further investigation revealed that Fryar and his associates were transporting the methamphetamine from Fayetteville to the Hot Springs area. On July 21, 2015, while performing surveillance, investigators identified Fryar and Garry Rogers both driving separate vehicles and traveling south on Highway 71 near Mansfield. A traffic stop was initiated on Roger’s vehicle, and he was arrested for driving with a suspended license. Fryar continued to drive on in his vehicle but came back to the scene of the traffic stop. Officers ordered him out of his vehicle, but allowed him to leave after they interviewed his passenger. A search incident to the arrest of Rogers revealed a Tupperware container which contained approximately 362 grams of methamphetamine. Investigators also located a cell phone and motel keys. A search warrant was obtained for the cell phones of Fryar and Rogers which revealed discussions regarding the trafficking of methamphetamine. Fryar was indicted by a federal grand jury in September, 2015 and pleaded guilty to the charge in November, 2015. Garry Rogers was indicted by a federal grand jury in September, 2015, pleaded guilty to the charge in March, 2016, and is awaiting sentencing.
Nevels: According to court records, on August 13, 2014, officers with the Mountain Pine Police Department initiated a traffic stop on a vehicle in which Nevels was a passenger. Upon making contact with the occupants, officers could smell a strong odor of marijuana coming from the vehicle. They requested and received consent from the driver to search the vehicle. During the search, officers located a hidden compartment behind the stereo in the dashboard containing two bags of methamphetamine, numerous hydrocodone pills, zanax bars, and a loaded Ruger .22 caliber pistol, which was reported stolen out of Garland County, Arkansas. Nevels and the driver were both arrested and taken into custody. During a search, officers located $1,000.00 in Nevel’s pants pocket. He was later interviewed at the Garland County jail by an agent with HSI as well as a detective from the Drug Task Force. Subsequent to being advised of and waiving his Miranda rights, he admitted to selling methamphetamine and to being in possession of the drugs found in the car. The drugs located in the vehicle were sent to the Arkansas State Crime lab for testing where they were determined to be 7.1 grams of methamphetamine; 27 grams of hydrocodone; 2.7 grams of alprazolam; and, 27 grams of codeine. Nevels was indicted by a federal grand jury in November, 2014 and pleaded guilty to the charge in April, 2015.
Agencies involved in the investigation of these cases were Homeland Security Investigations, 18th East Drug Task force in Garland County, Garland and the Mountain Pine Police Department. Assistant United States Attorney David Harris prosecuted the cases for the United States.
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Michigan Man Sentenced to 15 Years in Federal Prison for Child PornographyRead the Press Release
Fort Smith, Arkansas - Kenneth Elser, United States Attorney for the Western District of Arkansas, announced that David Henry, age 54, of Flint, Michigan, was sentenced to 180 months in federal prison and five (5) years of supervised release on each of two counts of Production of Child Pornography; the sentences are to run concurrently. The sentencing hearing took place before the Honorable Chief Judge P. K. Holmes, III in the United States District Court in Fort Smith.
According to the Plea Agreement, Henry began chatting online with a 14-year-old female who was living in Fort Smith in the fall of 2015. While using the Facebook Messenger application, Henry specifically instructed the victim to take pictures of herself in certain nude poses while engaging in sexually explicit conduct. He then convinced her to send these images to him while also sending her nude images of himself. When the victim expressed concern to Henry that her mother would find out about her sending him nude images, Henry mailed her a tablet so that they could continue their chats without detection. On November 5, 2015, the victim’s mother ultimately discovered these messages and images on the victim’s cell phone and reported it to law enforcement. Henry was interviewed by the Michigan State Police and admitted that he had been chatting online with the victim and that he believed her to be 15 years old. He was indicted by a federal grand jury on January 27, 2016, and pleaded guilty to the charges on March 10, 2016.
This case was investigated by the Fort Smith Police Department and the Michigan State Police. Assistant United States Attorney Ashleigh Buckley prosecuted the case for the United States.
This case was 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 U.S. Attorneys’ Offices and their Criminal Division Child Exploitation and Obscenity Sections (CEOS), 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.
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Former Branch Manager Sentenced to Federal Prison and Ordered to Pay over $210,000 Restitution for Bank FraudRead the Press Release
El Dorado, Arkansas – Kenneth Elser, United States Attorney for the Western District of Arkansas, announced that Melinda Gwin, age 49, of Hamburg, Arkansas, was sentenced to 21 months in federal prison followed by three (3) years supervised release on one count of Bank Fraud. The Honorable Susan O. Hickey presided over the sentencing hearing in the United States District Court in El Dorado. The court also ordered her to pay $210,875 in restitution to First National Bank of Crossett.
According to court records, the defendant, Melinda Gwin had been employed by First National Bank of Crossett (FNBC) from at least as early as January, 2009 through August 20, 2015, first as a teller and then as a manager of their Hamburg Branch. As part of her duties and responsibilities, she was given access to the bank vault. On August 20, 2015, an audit was conducted at the Hamburg Branch that revealed missing cash and inconsistencies. Later that day, she surrendered her keys to FNBC officials, admitted that she was responsible for the missing funds and resigned her position. Law Enforcement was notified and the Federal Bureau of Investigation began an investigation. A review of video surveillance from the bank showed her pretending to deposit funds into the vault but instead concealing cash on her person and leaving with it. Over the course of several interviews, Gwin admitted to investigators that she concealed cash on her person while in the bank vault and later used those funds for her benefit and for the benefit of members of her family. She stated that she had been doing this for approximately five (5) years predominately by taking cash in two to three thousand dollar increments while switching out ATM drawers and not entering the cash back into the vault as she should have. Gwin was indicted by a federal grand jury in September, 2015 and pleaded guilty to the charge December 1, 2015.
“The sentencing of Gwin reflects fitting punishment for an individual who abused her position of trust at the First National Bank of Crossett for personal gain and caused irreparable harm to the institution,” said Special Agent in Charge Diane Upchurch of the FBI Little Rock Field Office. “The FBI and the United States Attorney’s Office (USAO) in the Western Division are firmly committed to helping ensure the integrity of our Nation’s banks. We value the cooperative working relationships with the USAO in the Western Division which brings about such successful outcomes.”
This case was investigated by Federal Bureau of Investigation. Assistant United States Attorney Ben Wulff prosecuted the case for the United States.
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California Man Sentenced to over 11 Years in Federal Prison for Drug TraffickingRead the Press Release
El Dorado, Arkansas - Kenneth Elser, United States Attorney for the Western District of Arkansas, announced that Mario McGeilberry, age 29 of Rialto, California, was sentenced yesterday to 140 months in federal prison followed by four (4) years of supervised release on one count of Conspiracy to Distribute Controlled Substances with the Intent to Distribute. The Honorable Susan O. Hickey presided over the sentencing hearing in the United States District Court in El Dorado.
According to the Defendant’s Plea Agreement, beginning in September, 2014, agents with the FBI and the 13th Judicial Drug Task Force initiated an investigation into a drug trafficking organization in Camden and elsewhere in the Western District of Arkansas. Mario McGeilberry was identified as a multikilogram supplier of methamphetamine in that area. During the course of the investigation in January, 2015 cooperating targets discussed the acquisition of several pounds of methamphetamine from a source of supply in California, who was later identified by law enforcement as Mario McGeilberry. Mail records confirmed multiple shipments from individuals in San Bernardino, California to a known narcotics distributor in the Western District of Arkansas.
On February 11, 2015, McGeilberry was arrested by an Arkansas state trooper in Lake Village, Arkansas and was found to have in his possession approximately five (5) ounces of methamphetamine and a half pound of marijuana. He disclosed that the methamphetamine he was apprehended with was destined to be delivered in the Western District of Arkansas. He further stated that he was engaged in trafficking methamphetamine through the mail. He estimated that seven (7) pounds of methamphetamine were shipped to the Western District of Arkansas during the course of his dealings here. The substance seized in his traffic stop was sent to the Arkansas State Crime lab where it was tested and found to be over 50 grams of a mixture or substance containing methamphetamine.
McGeilberry was indicted by a Federal Grand Jury on February 25, 2015 and pleaded guilty to the charge on December 1, 2015.
“The success of this investigation is a tribute to strong partnerships which demonstrates our combined impact on targeting and dismantling drug trafficking organizations that peddle dangerous drugs to our neighborhoods,” said Special Agent in Charge Diane Upchurch of the FBI Little Rock Field Office. “We appreciate the efforts of the 13th Judicial Drug Task Force and the United States Attorney’s Office.”
This case was investigated by the Federal Bureau of Investigation (FBI) and the 13th Judicial Drug Task Force. Assistant United States Attorney Ben Wulff prosecuted the case for the United States.
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Harrison Man Sentenced to 15 Years in Federal Prison for Child Pornography OffenseRead the Press Release
Fort Smith, Arkansas - Kenneth Elser, United States Attorney for the Western District of Arkansas, announced that Kelvin Lee Pratt, age 35, of Harrison, Arkansas, was sentenced to 180 months imprisonment followed by five years of supervised release for Advertising Visual Depictions of a Minor Engaging in Sexually Explicit Conduct. The sentencing took place before the Honorable P.K. Holmes, III in the United States District Court in Fort Smith.
According to court records, from February 18, 2015 to May 20, 2015, Pratt engaged in sexually explicit conversations with an underage minor female using Facebook Messenger, a person to person chat service that sends messages through interstate commerce via a computer network. Pratt sent sexually explicit images and engaged in sexually explicit conversations with the underage female in an effort to solicit and receive nude pictures of the minor. Detectives determined that Pratt sent the messages and images from his residence in Harrison. Pratt was indicted by a federal grand jury in October, 2015 and pleaded guilty to the offense in January, 2016.
This case was investigated by Homeland Security Investigations and the Boone County Sheriff’s Office. Assistant United States Attorney Denis Dean prosecuted the case for the United States.
The case was 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 U.S. Attorneys’ Offices and their Criminal Division Child Exploitation and Obscenity Sections (CEOS), 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.
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Fayetteville Man to Serve over 5 Years in Federal Prison and Pay over $139,000 Restitution for Tax Fraud and Identity TheftRead the Press Release
Fayetteville, Arkansas - Kenneth Elser, United States Attorney for the Western District of Arkansas, and Tracey D. Montaño, Special Agent in Charge, Internal Revenue Service (IRS), Criminal Investigation, announced today that Henry Daryl Smith, age 34, of Fayetteville, Arkansas, was sentenced to 37 months in federal prison on one count of False Claim for Tax Refund and 24 months on one count of Aggravated Identity Theft. The two sentences are to run consecutive for a total of 61 months. The Honorable Timothy L. Brooks presided over the sentencing hearing in the United States District Court in Fayetteville. In addition to the prison sentence, Smith was ordered to serve three years of supervised release and ordered to pay restitution to the IRS in the amount of over $119,000 and restitution of $20,000 to One Bank and Trust.
A 12-count indictment was filed on October 28, 2015 charging Smith with ten counts of false claims for tax refunds, one count of access device fraud, and one count of theft of government benefits. Smith pleaded guilty to count one of the indictment on December 10, 2015. According to court records, Smith devised and executed a fraudulent tax refund scheme by creating false Forms W-2 on his personal computer which claimed fictitious wages earned and income taxes withheld from employment at businesses he owned, including Smith Lawn Service. Smith caused the false Forms W-2 to be submitted to the IRS with tax returns for himself and others, claiming fraudulent refunds based on the fictitious wages and withholdings, as part of the overall scheme to obtain monies from the IRS to which he was not entitled.
Further, on March 30, 2016, Smith pleaded guilty to a one-count information charging aggravated identity theft. According to the plea agreement, Smith obtained a $20,000 loan by fraudulently using the identity of one of his minor children on the loan application. Smith also pledged a vehicle as collateral against the loan which he no longer owned.
This case was investigated by IRS, Criminal Investigation. Assistant United States Attorney Sydney Butler prosecuted the case for the United States.
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Career Offender Sentenced to over 18 Years in Federal Prison for Drug TraffickingRead the Press Release
Fayetteville, Arkansas - Kenneth Elser, United States Attorney for the Western District of Arkansas, announced that James Bryan Witherspoon, age 42 of Lowell, Arkansas, was sentenced today to 220 months in federal prison followed by 5 years of supervised release and fined $15,000 on one count of Possession with Intent to Distribute More than 500 Grams of a Mixture or Substance Containing Methamphetamine. The Honorable Timothy L. Brooks presided over the sentencing hearing in the United States District Court in Fayetteville.
According to court records, as early as August, 2015, agents with Homeland Security Investigations and the DEA were investigating the defendant, James Bryan Witherspoon for trafficking large amounts of methamphetamine in the Western District of Arkansas. On September 21, 2015, officers with the Rogers and Lowell Police Departments executed a state search warrant on Witherspoon’s vehicle, which was located at his residence in Lowell. During the search, officers located his backpack, which contained two packages of methamphetamine, baggies and a scale. According to the state crime lab, the net weight of the methamphetamine was 2,211 grams with a purity level of 95 percent. On October 8, 2015, detectives with the 4th Judicial District Drug Task Force located Witherspoon in Springdale, Arkansas, and a traffic stop was initiated and got a positive alert from a narcotics detecting K9. Detectives searched Witherspoon’s vehicle and discovered approximately 642 grams of methamphetamine, over $11,000 in U.S. currency, a currency counter, digital scales and various other items of drug paraphernalia. Subsequent to being advised of and waiving his Miranda rights, the defendant admitted during an interview that he had been distributing methamphetamine in the Northwest Arkansas area.
“Methamphetamine has devastated countless communities across America due to the dramatic health and public safety consequences that typically accompany its introduction in a community,” said Special Agent in Charge of HSI New Orleans Raymond R. Parmer Jr. “Given the significant quantity of illegal drugs seized in the case, this sentencing represents a significant hit to drug traffickers in Northwest Arkansas and is a testament to the ongoing partnership between HSI and its law enforcement partners in the area.”
The investigation was led by Homeland Security Investigations. Agencies that took part in this investigation were the Drug Enforcement Administration, Arkansas State Police, 4th Judicial Task Force, Fort Smith Police Department, Crawford County Sheriff’s Office, Rogers Police Department, and Lowell Police Department. Assistant United States Attorney David Harris prosecuted the case for the United States.
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Former Fayetteville Teacher Sentenced to 10 Years in Federal Prison for Online Enticement of a MinorRead the Press Release
Fayetteville, Arkansas - Kenneth Elser, United States Attorney for the Western District of Arkansas, announced that Evan Ballowe, age 25 of Fayetteville, was sentenced today to 10 years in federal prison and 15 years of supervised release for Online Coercion and Enticement of a Minor with the Intent to Engage in Criminal Sexual Activity. The sentencing took place before the Honorable Timothy L. Brooks in the United States District Court in Fayetteville.
According to court records, a complaint was made by a 13 year old boy to his school resource officer about an online conversation he had with another individual on social media in which he was propositioned for sexual activity. The minor turned over his tablet containing the online conversation to law enforcement. A review of the online conversation reflects that on October 12, 2015, a user profile named Southern Guy contacted the 13 year old asking if he was single, telling him he was cute, and asking his age. The minor responded that he was 13 and Southern Guy stated he was 15 and lived in Springdale. Southern Guy proceeded to engage the minor in a sexually explicit conversation and sent him sexually explicit photos. The minor tells him no that he is not gay but Southern Guy persists trying to convince the minor to sneak out of the house when his parents are asleep to meet him for sex. Law enforcement was able to obtain the subscriber information related to the Southern Guy screen name which returned to the Fayetteville address of the defendant Evan Ballowe. After Ballowe made another attempt to contact the minor, law enforcement executed a search warrant on his home. During the post Miranda interview, Ballowe admitted to using the online screen name of Southern Guy and to engaging in the sexually explicit conversation with the 13 year old minor. Ballowe was indicted by a federal grand jury on December 9, 2015 and pleaded guilty on February 3, 2016.
This case was investigated by the Homeland Security Investigations and the Internet Crimes Against Children Taskforce. Assistant United States Attorney Dustin Roberts prosecuted the case for the United States.
The case was 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 U.S. Attorneys’ Offices and their Criminal Division Child Exploitation and Obscenity Sections (CEOS), 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.
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Related court documents may be found on Public Access to Electronic Records Website @www.Pacer.gov