FEDERAL DISTRICT ARCHIVE
District of Kansas
Press releases recorded for this federal judicial district.
Atchison Company Agrees to Pay $1 Million for Violating Clean Air ActRead the Press Release
TOPEKA, KAN. – An Atchison, Kan., company today pleaded guilty to violating the federal Clean Air Act and is expected to pay a $1 million fine, U.S. Attorney Stephen McAllister said.
MGP Ingredients, Inc. pleaded guilty to a misdemeanor offense of negligently violating the Clean Air Act. In its plea, the company admitted that on Oct. 21, 2016, a greenish-yellow chlorine gas cloud formed when 4,000 gallons of sulfuric acid were mistakenly combined with 5,800 gallons of sodium hypochlorite. The Atchison County Department of Emergency Management ordered community members to shelter in place and to evacuate in some areas. Approximately 140 individuals including members of the public, first responders, employees of MGP Ingredients and Harcos Chemicals sought medical attention.
Sentencing is set for Feb. 24. The company could be sentenced to a term of probation up to five years.
McAllister commended the Environmental Protection Agency and Assistant U.S. Attorney Rich Hathaway for their work on the case.
Victims can get more information on US v. Midwest Grain Products, Inc., by visiting https://www.justice.gov/usao-ks/victim-witness and filling out a victim questionnaire, leaving a message on a designated phone line at 913-551-6543 or emailing questions to [email protected] .
U.S. Attorney: Kansas Joins Project Guardian – A Nationwide Strategic Plan to Reduce Gun ViolenceRead the Press Release
KANSAS CITY, KAN. – Kansas will join a nationwide drive to keep guns out of the hands of domestic violence offenders, convicted felons and people with serious mental problems, U.S. Attorney Stephen McAllister said today.
The plan, called Project Guardian, puts new emphasis on using the federal background check system for gun purchases to identify straw purchasers, individuals convicted of felonies or misdemeanor crimes of domestic violence and individuals who are subject to protective orders. The U.S. Attorney’s office and the Bureau of Alcohol, Tobacco, Firearms and Explosives will work together on the project.
“Gun crime has been a particular focus in the District of Kansas,” McAllister said. “We have emphasized gun investigations and prosecutions as part of our Project Safe Neighborhoods efforts in Wichita, and the Department of Justice has strongly supported the development of the new Gun Crime Intelligence Center in Wichita to further enhance and support such efforts. The priorities of Project Guardian will complement and strengthen our ongoing efforts.”
Reducing gun violence and enforcing federal firearms laws have always been among the Department’s highest priorities. In order to develop a new and robust effort to promote and ensure public safety, the Department reviewed and adapted some of the successes of past strategies to curb gun violence. Project Guardian draws on the Department’s earlier achievements, such as the “Triggerlock” program, and it serves as a complementary effort to the success of Project Safe Neighborhoods (PSN). In addition, the initiative emphasizes the importance of using all modern technologies available to law enforcement to promote gun crime intelligence.
“Gun crime remains a pervasive problem in too many communities across America. Today, the Department of Justice is redoubling its commitment to tackling this issue through the launch of Project Guardian,” Attorney General William P. Barr said today when he announced the initiative. “Building on the success of past programs like Triggerlock, Project Guardian will strengthen our efforts to reduce gun violence by allowing the federal government and our state and local partners to better target offenders who use guns in crimes and those who try to buy guns illegally.”
“ATF has a long history of strong partnerships in the law enforcement community,” said Acting Director Regina Lombardo. “Make no mistake, the women and men of ATF remain steadfast to our core mission of getting crime guns off of our streets. ATF and U.S. Attorneys nationwide will leverage these partnerships even further through enhanced community outreach initiatives and coordination with local, state, and tribal law enforcement and prosecutors to cut the pipeline of crime guns from those violent individuals who seek to terrorize our communities. Project Guardian will enhance ATF’s Crime Gun Intelligence, to include identifying, investigating and prosecuting those involved in the straw purchases of firearms, lying on federal firearms transaction forms, and those subject to the mental health prohibition of possessing firearms.”
Project Guardian’s implementation is based on five principles:
- Coordinated Prosecution. Federal prosecutors and law enforcement will coordinate with state, local, and tribal law enforcement and prosecutors to consider potential federal prosecution for new cases involving a defendant who: a) was arrested in possession of a firearm; b) is believed to have used a firearm in committing a crime of violence or drug trafficking crime prosecutable in federal court; or c) is suspected of actively committing violent crime(s) in the community on behalf of a criminal organization.
- Enforcing the Background Check System. United States Attorneys, in consultation with the Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) in their district, will create new, or review existing, guidelines for intake and prosecution of federal cases involving false statements (including lie-and-try, lie-and-buy, and straw purchasers) made during the acquisition or attempted acquisition of firearms from Federal Firearms Licensees.
Particular emphasis is placed on individuals convicted of violent felonies or misdemeanor crimes of domestic violence, individuals subject to protective orders, and individuals who are fugitives where the underlying offense is a felony or misdemeanor crime of domestic violence; individuals suspected of involvement in criminal organizations or of providing firearms to criminal organizations; and individuals involved in repeat denials.
- Improved Information Sharing. On a regular basis, and as often as practicable given current technical limitations, ATF will provide to state law enforcement fusion centers a report listing individuals for whom the National Instant Criminal Background Check System (NICS) has issued denials, including the basis for the denial, so that state and local law enforcement can take appropriate steps under their laws.
- Coordinated Response to Mental Health Denials. Each United States Attorney will ensure that whenever there is federal case information regarding individuals who are prohibited from possessing a firearm under the mental health prohibition, such information continues to be entered timely and accurately into the United States Attorneys’ Offices’ case-management system for prompt submission to NICS. ATF should engage in additional outreach to state and local law enforcement on how to use this denial information to better assure public safety.
Additionally, United States Attorneys will consult with relevant district stakeholders to assess feasibility of adopting disruption of early engagement programs to address mental-health-prohibited individuals who attempt to acquire a firearm. United States Attorneys should consider, when appropriate, recommending court-ordered mental health treatment for any sentences issued to individuals prohibited based on mental health.
- Crime Gun Intelligence Coordination. Federal, state, local, and tribal prosecutors and law enforcement will work together to ensure effective use of the ATF’s Crime Gun Intelligence Centers (CGICs), and all related resources, to maximize the use of modern intelligence tools and technology. These tools can greatly enhance the speed and effectiveness in identifying trigger-pullers and finding their guns, but the success depends in large part on state, local, and tribal law enforcement partners sharing ballistic evidence and firearm recovery data with the ATF.
Federal law enforcement represents only about 15 percent of all law enforcement resources nationwide. Therefore, partnerships with state, local, and tribal law enforcement and the communities they serve are critical to addressing gun crime. The Department recognizes that sharing information with our state, local, and tribal law enforcement partners at every level will enhance public safety, and provide a greater depth of resources available to address gun crime on a national level.
- Coordinated Prosecution. Federal prosecutors and law enforcement will coordinate with state, local, and tribal law enforcement and prosecutors to consider potential federal prosecution for new cases involving a defendant who: a) was arrested in possession of a firearm; b) is believed to have used a firearm in committing a crime of violence or drug trafficking crime prosecutable in federal court; or c) is suspected of actively committing violent crime(s) in the community on behalf of a criminal organization.
Jury Verdict: Meth Distributor Was Part of ConspiracyRead the Press Release
KANSAS CITY, KAN. – A federal jury Tuesday returned guilty verdicts against a Kansas City, Kan., man who was arrested with half a pound of methamphetamine in his car, U.S. Attorney Stephen McAllister said.
Sean Alexander Tennison, 46, Kansas City, Kan., was convicted in a jury trial on one count of conspiracy and one count of possession with intent to distribute methamphetamine.
During trial, prosecutors presented evidence that investigators had Tennison and a co-defendant under surveillance when they met the seller outside El Rio Bravo Supermarket. During a car stop, investigators found 245.7 grams of methamphetamine that Tennison tried to hide in his pants.
During the same trial, co-defendants Luis Alberto Quintero-Jimenez and Eduardo Garcia-Patino, pleaded guilty. Both are set for sentencing Jan. 30, 2020. In Quintero-Jiminez’s plea agreement, both parties agreed to recommend Quintero-Jiminez receive a sentence of 20 years in federal prison.
Tennison is set for sentencing February 13, 2020. He could face a sentence of not less than 10 years in federal prison on each count. McAllister commended the Drug Enforcement Administration, the Jackson County Drug Task Force, Special Assistant U.S. Attorney Michelle McFarlane and Assistant U.S. Attorney Tris Hunt for their work on the case.
Mexican Man Indicted on Identity Theft ChargesRead the Press Release
WICHITA, KAN. – A man from Mexico was indicted today on federal charges of identity theft, U.S. Attorney Stephen McAllister said.
Juan Tapia, 33, a citizen of Mexico, who has been living in Wichita, is charged with one count of using another person’s Social Security number, one count of aggravated identity theft and one count of unlawful possession of a firearm by an alien illegally in the United States.
Tapia also is connected to the case involving Andrew J. Pleviak, a former Immigration and Customs Enforcement agent, who is charged with impersonating a federal officer. Pleviak allegedly pretended to be an ICE supervisor in September 2019 when he tried to get Tapia out of the Kingman County Jail. Pleviak was indicted Oct. 9 and is awaiting trial.
If convicted, Tapia could face up to five years in federal prison and a fine up to $250,000 on the Social Security charge, a mandatory two years (consecutive) on the identity theft charge, and up to 10 years and a fine up to $250,000 on the firearm charge. The Kansas Department of Revenue investigated. Assistant U.S. Attorney Aaron Smith is prosecuting.
OTHER INDICTMENTS
Jacob J. Gray, 20, Wichita, Kan., is charged with one count of unlawful possession of a firearm following a felony conviction. The crime is alleged to have occurred Oct. 1, 2019, in Sedgwick County, Kan.
If convicted, he could face up to 10 years in federal prison and a fine up to $250,000. The Bureau of Alcohol, Tobacco, Firearms and Explosives investigated. Assistant U.S. Attorney Lanny Welch is prosecuting.
Cory L. Washington, 35, Wichita, Kan., is charged with four counts of theft by a postal employee. The crimes are alleged to have occurred in April, May, June and July 2019 in Sedgwick County, Kan.
If convicted, he could face up to five years in federal prison and a fine up to $250,000 on each count. The U.S. Postal Service – Office of Inspector General investigated. Assistant U.S. Attorney Alan Metzger is prosecuting.
In all cases, defendants are presumed innocent until and unless proven guilty. The indictments merely contain allegations of criminal conduct.
Woman from Mexico Pleads Guilty After Arrest with 21 Pounds of MethRead the Press Release
WICHITA, KAN. – A woman from Mexico who was stopped in Kansas with 21 pounds of methamphetamine pleaded guilty today to a federal charge of drug trafficking, U.S. Attorney Stephen McAllister said.
Maria Alonso-Espinoza, 30, pleaded guilty to one count of possession with intent to distribute methamphetamine. The Kansas Highway Patrol stopped her car on Feb. 26, 2019, on Interstate 70 near Russell, Kan. Her brother was driving and she was riding as a passenger. She was the registered owner of the car.
Troopers found 21 pounds of methamphetamine hidden in the driver’s side rear quarter panel. Investigators learned Alonso-Espinoza was taking the methamphetamine from Colorado to Wichita for distribution.
Sentencing is set for Jan. 27. She could face a penalty of not less than 10 years in federal prison and a fine up to $10 million. McAllister commended the Kansas Highway Patrol, the Wichita Police Department and Assistant U.S. Attorney Mona Furst for their work on the case.
Wichita Man Charged with Five Armed RobberiesRead the Press Release
WICHITA, KAN. – A Wichita man was charged in federal court Tuesday with five armed robberies, U.S. Attorney Stephen McAllister said.
Darren Green, 20, Wichita, Kan., was charged with five counts of robbery and five counts of brandishing a handgun during the robberies. Green was charged with the following robberies:
July 8, 2019: Burger King, 3500 S. Meridian, Wichita, Kan.
Aug. 28, 2019: Meridian Grocery, 2719 S. Meridian, Wichita, Kan.
Aug. 29, 2019: Domino’s Pizza, 2047 West 21st, Wichita, Kan.
Oct. 20, 2019: Wal-Mart, 3030 N. Rock Road, Wichita, Kan.
Oct. 21, 2019: Advance America, 601 N. Ridge Road, Wichita, Kan.
An affidavit filed in the case alleges that during the first robbery Green wore a skeleton mask, pointed a gun at an employee and said, “Don’t be stupid – get on the ground.”
The affidavit alleges that during the Wal-Mart robbery Green wore a yellow Wal-Mart vest, placed a gun against an employee’s ribs, and handed an employee a note saying, “I have AIDS. Do not panic. Put all the money in bag.”
If convicted, he could face up to 20 years and a fine up to $250,000 on each robbery count, and not less than seven years and a fine up to $250,000 on each count of brandishing a firearm. The FBI, the Wichita Police Department and the Safe Streets Task Force investigated. Assistant U.S. Attorney Aaron Smith is prosecuting.
In all cases, defendants are presumed innocent until and unless proven guilty. The indictments merely contain allegations of criminal conduct.
Pilot Program in Wichita Will Permit Body-Worn Cameras by Federally Deputized Task Force OfficersRead the Press Release
WICHITA, KAN. – On Friday, Nov. 1, 2019, the U.S. Attorney’s Office for the District of Kansas will launch a pilot program with the Wichita Police Department allowing local and state officers who serve on federal task forces to use body-worn cameras while serving arrest warrants, or other planned arrest operations, and during the execution of search warrants.
The pilot program, which will also go into effect in Detroit, Houston, Phoenix, Salt Lake City and Oakland, Calif., was announced by the Attorney General on Oct. 28, 2019. It allows - for the first time - federally deputized task force officers to use body-worn cameras.
“Local and state officers are critical members of our federal task forces,” U.S. Attorney Stephen McAllister said. “This policy recognizes and supports their contributions by respecting their policies regarding body cameras.”
“I am pleased that this pilot program takes into account the interests and priorities of all the law enforcement agencies involved in federal task forces,” said Attorney General William P. Barr. “These are some of the most dangerous jobs in law enforcement, and I am grateful for the sacrifice of those who serve. The Department of Justice has no higher priority than ensuring the safety and security of the American people and this pilot program will continue to help us fulfill that mission.”
The Department of Justice, through its law enforcement agencies, partners with state, local and tribal law enforcement on hundreds of federal task forces throughout the nation. Together, these task forces work to combat violent crime, stem the flow of illegal narcotics and arrest dangerous fugitives. Several of the department’s partner state and local agencies require their officers to wear body-worn cameras and have requested their officers wear these cameras on federal task forces when the use of force is possible.
The U.S. Attorney’s Office would like to thank its partners at ATF, DEA, FBI, USMS, as well as all of the state and local law enforcement leaders who play a critical role in implementing this important pilot program.
Kansas Woman Sentenced for Scamming Homeowners Facing ForeclosureRead the Press Release
KANSAS CITY, KAN. – A Kansas woman was sentenced today to a year and a day in prison for swindling homeowners facing foreclosure with false promises to help them save their homes, U.S. Attorney Stephen McAllister said.
Ruby Price, 74, Bonner Springs, Kan., pleaded guilty to one count of conspiracy to commit mail fraud and wire fraud. Price was a managing partner of Arize Group, a company based in Overland Park, Kan. She and co-defendants took money from distressed homeowners by fraudulently promising to:
- Lower their interest rates.
- Lower their monthly payments
- Help them obtain loan modifications.
McAllister commended the U.S. Department of Housing and Urban Development - Office of Inspector General, the Federal Housing Finance Agency – Office of Inspector General, the Johnson County District Attorney’s Office, Special Assistant U.S. Attorney Emilie Burdette and Assistant U.S. Attorney Jabari Wamble for their work on the case.
Healthcare Provider for Children with Autism Agrees to Pay $300,000 to Settle False Claims AllegationRead the Press Release
WICHITA, KAN. – Autism Concepts, Inc., an Overland Park-based provider of therapy services for children with autism, has agreed to pay $300,000 to resolve False Claims Act allegations that it submitted false claims to the TRICARE program, U.S. Attorney Stephen McAllister announced today.
TRICARE is a federal health insurance program for active and retired military service members and their families.
The United States alleged that Autism Concepts, Inc. and its director Nancy Champlin represented in claims to TRICARE that the company provided individual applied behavioral analysis services to children with autism spectrum disorders when the company actually provided the services to groups of children at the same time. TRICARE does not cover the services in a group setting.
Autism Concepts and Champlin agreed to pay $300,000 to resolve the allegations.
“TRICARE providers must comply with program requirements that are designed for effective treatment for children with special and particular needs,” McAllister said. “This office is committed to making sure federal funds are spent as intended, while protecting federally funded programs that make it possible for military families to receive vital services.”
“I applaud the Department of Justice and the U.S. Attorney for their continued efforts to hold health care providers accountable to the American taxpayer,” said Army Lt. Gen. Ronald Place, director of the Defense Health Agency. “The efforts of the Department of Justice safeguard the health care benefit for our service members, veterans and their families. The Defense Health Agency continues to work closely with the Justice Department, and other state and federal agencies to investigate all those who participated in fraudulent practices.”
“As the investigative arm of the Department of Defense - Office of Inspector General (DoDIG), one of the primary missions of the Defense Criminal Investigative Service (DCIS) is the detection of fraud, particularly fraud that targets critical DoD health care funding,” said Special Agent in Charge Michael Mentavlos of the DCIS Southwest Field Office. “Today’s resolution demonstrates our commitment to working with DoDIG’s Deputy Inspector General for Audit as well as the Department of Labor Office of Inspector General and the Employee Benefits Security Administration to ensure federal health care programs, such as TRICARE, are protected from companies and/or individuals who attempt to take advantage of them.”
McAllister commended the Defense Criminal Investigative Service, the U.S. Department of Labor Employee Benefits Security Administration and Assistant United States Attorney Jon Fleenor for their work on the case.
Wichita Man Charged in Two Armed RobberiesRead the Press Release
WICHITA, KAN. – A Wichita man is set to appear in federal court Wednesday on charges of robbing two businesses, U.S. Attorney Stephen McAllister said.
Toney D. Williams, 25, Wichita, Kan., was charged Oct. 23 with two counts of robbery and two counts of brandishing a firearm during the robbery.
He is charged with a robbery Oct. 1, 2019, at Family Dollar, 2301 S. Seneca, and a robbery Oct. 3, 2019, at Family Dollar, 1031 S. Meridian.
In both robberies it is alleged he pointed a gun at an employee and demanded money.
Police used surveillance video of Williams’ parked car to identify him.
If convicted, he could face up to 20 years in federal prison and a fine up to $250,000 on each robbery count and not less than seven years and a fine up to $250,000 on each count of brandishing a firearm. The FBI, the Wichita Police Department and the Safe Streets Task Force investigated. Assistant U.S. Attorney Aaron Smith is prosecuting.
In all cases, defendants are presumed innocent until and unless proven guilty. The indictments merely contain allegations of criminal conduct.
14 Defendants Charged, 200 Pounds of Meth SeizedRead the Press Release
WICHITA, KAN. – A prosecutor said in court today that federal agents seized more than 220 pounds of methamphetamine in a drug trafficking case in the Kansas City, Kan., metro area.
U.S. Attorney Stephen McAllister said 14 defendants are charged in the case.
“Opioids are often in the news,” McAllister said. “But methamphetamine remains our biggest drug problem in the Midwest.”
Investigators found the methamphetamine when they served a search warrant at a house in Kansas City, Kan., where one of the defendants lives.
The 33-count indictment, which was based on more than a year of investigation by the Drug Enforcement Administration, contains charges including conspiracy, distribution, possession with intent to distribute and interstate communications in furtherance of drug trafficking. Many of the charges carry potential penalties of 10 years or more in federal prison
The following defendants have been charged:
Luis Martinez-Carrango, 57, Kansas City, Mo., conspiracy, interstate communications in furtherance of drug trafficking, possession with intent to distribute methamphetamine.
Alfredo Rey, 34, Kansas City, Kan., conspiracy, possession with intent to distribute methamphetamine.
Antonio Edder Calderson-Reyes, 31, conspiracy, distribution of methamphetamine, interstate communication in furtherance of drug trafficking.
Raul Gutierrez-Zamaripa, 31, conspiracy.
Jose Rosa-Pacheco, 34, Kansas City, Kan., conspiracy, distribution of methamphetamine, possession with intent to distribute methamphetamine.
Carlos Rosa-Artia, 35: Kansas City, Kan., conspiracy.
Enrique Rodriguez, 42, conspiracy, possession with intent to distribute methamphetamine.
Rusbein Galicia-Lopez, 31, conspiracy, distribution of methamphetamine, possession with intent to distribute methamphetamine, interstate communication in furtherance of drug trafficking.
Abraham Gutierrez-Ojeda, 36, conspiracy, distributing methamphetamine, possession with intent to distribute methamphetamine, interstate communication in furtherance of drug trafficking,
Jerry Taylor, 44, conspiracy, interstate communication in furtherance of drug trafficking, distributing methamphetamine.
Yader Arita, 30, conspiracy, possession with intent to distribute methamphetamine.
Manuel Leyva-Quijada, 43, Kansas City, Kan., conspiracy.
Mary Cain, 38, Kansas City, Kan., conspiracy, possession with intent to distribute methamphetamine.
Christopher Hite, 36, conspiracy, possession with intent to distribute methamphetamine.
If convicted, the defendants could face the following penalties:
Conspiracy: Not less than 10 years in federal prison and a fine up to $10 million.
Distribution: Not less than 10 years in federal prison and a fine up to $10 million.
Possession with intent to distribute: Not less than 10 years in federal prison and a fine up to $10 million.
Interstate communication: Not more than four years in federal prison and a fine up to $250,000.The Drug Enforcement Administration and the Kansas City Metro Strike Force investigated. Assistant U.S. Attorney David Lind is prosecuting.
In all cases, defendants are presumed innocent until and unless proven guilty. The indictments merely contain allegations of criminal conduct.
Wichita Pharmacist Gets 12.5 Years for Unlawfully Distributing Rx DrugsRead the Press Release
WICHITA, KAN. – A Wichita-area pharmacist was sentenced today to 150 months in federal prison for unlawfully dispensing opioid prescription drugs, U.S. Attorney Stephen McAllister said.
Ebube Otuonye, 47, Bel Aire, Kan., was convicted on charges of conspiracy to unlawfully distribute prescription drugs, unlawfully distributing prescription drugs and health care fraud.
The crimes occurred while Otuonye owned and operated Neighborhood Pharmacy at 2810 E. 21st in Wichita, where he filled prescriptions for patients of Dr. Steven R. Henson. In October 2018, Henson was convicted of unlawfully distributing prescription drugs outside the usual course of professional medical practice and without a legitimate medical purpose. In March 2019, Henson was sentenced to life in federal prison.
During trial in July, prosecutors presented evidence that Henson’s patients had difficulty filling Henson’s prescriptions at pharmacies other than Neighborhood Pharmacy. Otuonye’s pharmacy charged more than other pharmacies and he set up a system requiring Henson’s patients to fill three non-narcotic prescriptions when filling a narcotic prescription.
A sign in the pharmacy said: “You may use another pharmacy if all you want to fill is (a) narcotic prescription.”
Evidence at trial showed Henson’s patients took their prescriptions to Otuonye himself because another pharmacist at Neighborhood Pharmacy refused to fill them. Prosecutors argued that Otuonye failed to perform his professional responsibilities by continuing to fill prescriptions for Henson’s patients despite warning signs including: Large numbers of prescriptions for highly addictive drugs, customers paying cash, multiple patients coming in at once with Henson’s prescriptions and patients from the same family presenting identical prescriptions.
Otuonye filled prescriptions for more than 21,600 tablets of oxycodone, more than 48,600 tablets of methadone, more than 18,000 tablets of hydromorphone and more than7,800 tablets of alprazolam.
Prosecutors also presented evidence that Otuonye submitted claims to Medicare and Medicaid for filling Henson’s prescriptions.
McAllister commended the Drug Enforcement Administration, the Johnson County Sheriff’s Office, the Lee’s Summit, Mo., Police Department, the Overland Park Police Department, the U.S. Department of Health and Human Services, the Kansas Board of Pharmacy, the Heart of America Regional Computer Forensics Laboratory, the Newton Police Department, the Wichita Police Department, Assistant U.S. Attorney Mona Furst, Assistant U.S. Attorney Jason Hart, and Special Assistant U.S. Attorney Katherine Andrusak for their work on the case.
Indictment: It Began When Troopers Stopped a Truck with 35 Pounds of MethRead the Press Release
KANSAS CITY, KAN. – Two men living in Kansas were indicted today on charges of trafficking in methamphetamine, U.S. Attorney Stephen McAllister said.
According to court records, the investigation began when the Kansas Highway Patrol stopped a truck carrying automobiles and discovered 35 pounds of methamphetamine.
Jovanny Medina, 22, Kansas City, Kan., and Aron Rodriguez-Posada, 45, Kansas City, Kan., were charged with one count of conspiracy to possess with intent to distribute methamphetamine and one count of attempted possession with intent to distribute methamphetamine. In addition, Medina was charged with three counts of distributing methamphetamine. In addition, Rodriguez-Posada, a citizen of Mexico, was charged with one count of unlawfully re-entering the United States after being deported and one count of making false statements to the FBI.
According to court records, a trooper stopped a car carrier on Oct. 9, 2019, in Meade, Kan. The trooper found 35 pounds of methamphetamine in the gas tank of a white Buick the truck was carrying. The car was scheduled for delivery to a Dollar General store in Kansas City, Kan., and DEA agents arranged to conduct a controlled delivery to that destination with a portion of the drugs. In Kansas City, Kan., the two defendants were arrested when they attempted to take possession of the Buick.
If convicted, the defendants could face the following penalties:
Conspiracy: Not less than 10 years in federal prison and a fine up to $10 million.
Distributing methamphetamine: Not less than 10 years in federal prison and a fine up to $10 million.
Attempted distribution of methamphetamine: Not less than 10 years in and a fine up to $10 million.
Unlawful re-entry: Up to two years and a fine up to $250,000.
False statement: Up to five years and a fine up to $250,000.
The case was investigated by the FBI and the Kansas City Metro Strike Force. Assistant U.S. Attorney Sheri Catania is prosecuting.
Tommy Benson, 24, Cedric Sanders, 22, Courtney Sanders, 20, Verdell Mays Jr., 24, all from Kansas City, Kan., are charged with one count of possession with intent to distribute five pounds of marijuana and one count of unlawful possession of a firearm in furtherance of drug trafficking. The crimes are alleged to have occurred Sept. 26, 2017, in Johnson County, Kan.
According to court records, investigators found the marijuana and the firearms when they served a search warrant at an apartment in Overland Park, Kan.
If convicted, the defendants could face a penalty of not less than five years in federal prison and a fine up to $250,000 on each count. The Bureau of Alcohol, Tobacco, Firearms and Explosives and the Kansas City Metro Strike Force investigated. Assistant U.S. Attorney Sheri Catania is prosecuting.
Ramon Guadalupe Najar, 26, Kansas City, Kan., is charged with two counts of unlawful possession of a firearm following a felony conviction. The crime is alleged to have occurred Aug. 31, 2019, in Wyandotte County, Kan.
According to court records, the guns were found when police were called to the scene of an auto accident in which Najar was injured.
If convicted, he faces up to 10 years in federal prison and a fine up to $250,000 on each count. The FBI and the Kansas City Metro Strike Force investigated. Assistant U.S. Attorney Sheri Catania is prosecuting.
OTHER INDICTMENTS
James D. Vaughn, 33, is charged with escaping from federal custody at the Grossman residential re-entry center in Leavenworth, Kan. The crime is alleged to have occurred Oct. 9, 2019,
If convicted, he could face up to five years in federal prison and a fine up to $250,000. The U.S. Marshals Service investigated. Assistant U.S. Attorney Leon Patton is prosecuting.
Anthony Todd Benjamin, 34, Colony, Kan., is charged with one count of distributing methamphetamine, one count of possession with intent to distribute methamphetamine and one count of unlawful possession of a firearm in furtherance of drug trafficking. The crimes are alleged to have occurred in May and June 2019 in Franklin County, Kan.
If convicted, he could face a penalty of not less than five years and not more than 40 years and a fine up to $5 million on each drug count, and not less than five years and a fine up to $250,000 on the firearm charge. The Drug Enforcement Administration investigated. Special Assistant U.S. Attorney Michelle McFarlane is prosecuting.
Carmelo Castro-Vacio, 25, a citizen of Mexico, is charged with unlawfully re-entering the United States after being deported. He was found Sep. 24, 2019, in Sedgwick County, Kan.
If convicted, he could face up to 10 years in federal prison and a fine up to $250,000. Immigration and Customs Enforcement investigated. Assistant U.S. Attorney Jason Hart is prosecuting.
In all cases, defendants are presumed innocent until and unless proven guilty. The indictments merely contain allegations of criminal conduct.
Vapes and Cartridges to be Accepted During National Drug Take Back DayRead the Press Release
KANSAS CITY, KAN. – Vapes and cartridges will be accepted at drop off locations throughout Kansas during National Drug Take Back Day Saturday, Oct. 26, U.S. Attorney Stephen McAllister said.
“The public is welcome to dispose safely of vaping devices and liquids to get these products off our streets and out of the hands of children,” McAllister said.
As usual, the sites participating in the Drug Enforcement Administration-sponsored event also will accept prescription drug tablets, capsules and patches. Sites will be open from 10 a.m. to 2 p.m.
According to the 2018 National Survey on Drug Use and Health, 9.9 million Americans misused controlled prescription drugs. The study showed a majority of those drugs were obtained from family and friends, often from the home medicine cabinet.
During the most recent National Drug Take Back Day in April, 4,969 law enforcement agencies participated at 6,258 sites. They collected more than 468 tons of unused drugs. To find a site near you visit https://takebackday.dea.gov/ and use the collection site locator.
Overland Park Man Sentenced to 8+ Years for 44,000 Images of Child PornRead the Press Release
KANSAS CITY, KAN. – An Overland Park man who admitted he collected more than 44,000 images of child porn and shared some with other computer users was sentenced today to 100 months in federal prison, U.S. Attorney Stephen McAllister said.
Robert A. Weick, 33, Overland Park, Kan., pleaded guilty to one count of distributing child pornography. Weick came under investigation when a task force officer from the FBI used a file-sharing program to download child pornography from Weick’s computer. When investigators served a search warrant at Weick’s home, they discovered approximately 44,000 images and 500 videos containing child pornography.
Weick also was ordered to pay $40,000 in restitution to victims who have been identified by the National Center for Missing and Exploited Children. McAllister commended the FBI and Assistant U.S. Attorney Kim Flannigan for their work on the case.
Kansas Farmer Pleads Guilty to Crop Insurance FraudRead the Press Release
WICHITA, KAN. – A Kansas farmer pleaded guilty Monday to federal charges of crop insurance fraud and bankruptcy fraud, U.S. Attorney Stephen McAllister said.
Kevin W. Struss, 63, Wakeeney, Kan., pleaded guilty to one count of defrauding the U.S. Department of Agriculture’s crop insurance program, which provides government insurance against unavoidable crop losses. He made false statements in which he under-reported his total 2015 corn crop by approximately 23,524 bushels, and his total sorghum/milo crop by 31,208 bushels.
He also pleaded guilty to one count of bankruptcy fraud. He falsely answered “no” to a question in his bankruptcy filing about whether he had transferred property to anyone else recently. In fact he made two transfers of $150,000 and $320,000 to another person in 2018.
Sentencing is set for Jan. 21. He could face a sentence up to 30 years in federal prison and a fine up to $1 million on the crop insurance count. He could face a sentence of up to five years and a fine up to $250,000 on the bankruptcy count.
McAllister commended the U.S. Department of Agriculture and Assistant U.S. Attorney Alan Metzger for their work on the case.
Trucker Sentenced for Stealing Load of MeatRead the Press Release
KANSAS CITY, KAN. – A California trucker working for a Kansas freight brokerage was sentenced today to 15 months in federal prison for stealing a load of meat valued at more than $160,000, U.S. Attorney Stephen McAllister said.
Gegham Avetisyan, 37, Valley Village, Calif., pleaded guilty to one count of wire fraud. Avetisyan contracted with a trucking freight brokerage business in Olathe to deliver a load of meat to three locations in California. He faxed documents to the company in which he used the name Robert Ivanov. He picked up the meat at a packing plant in Omaha, but never delivered it.
McAllister commended the FBI and Assistant U.S. Attorney Chris Oakley for their work on the case.
Kansas Schools Receive Federal Grants for Student SafetyRead the Press Release
KANSAS CITY, KAN. – Three Kansas school systems have received federal grants to help make students safer, U.S. Attorney Stephen McAllister said.
The money for Kansas is part of more than $85 million the Department of Justice has awarded nationally to bolster school security – including funding to educate and train faculty – and support first responders who arrive on the scene of a school shooting or other violent incident.
“Schools should be safe places to learn and grow,” McAllister said. “We’re listening to students, parents, teachers and law enforcement officers throughout Kansas who told us they need help.”
The Kansas grants include:
- $249,998 to Smoky Hill/Central Kansas Education Service Center in a category that includes funding for developing and operating anonymous reporting systems to encourage safe reporting of potential school threats.
- $452,913 to USD 417 Morris County Public Schools from the Office of Community Oriented Policing Services’ (COPS’) School Violence Prevention Program
- $332,438 to Wichita Public Schools USD 259 from the COPS’ School Violence Prevention Program
The COPS School Violence Prevention Program provides funding to improve school safety through violence prevention including training law enforcement officers in how to prevent student violence, installing metal detectors, locks, lighting and other deterrents, as well as technology to get notification to law enforcement faster during emergencies.
Computer Programmer Pleads Guilty in Cyberattack Threat CaseRead the Press Release
WICHITA, KAN. – A Wichita computer programmer pleaded guilty today to threatening cyberattacks against two web sites that posted criticism of Wichita lawyer Brad Pistotnik, U.S. Attorney Stephen McAllister said.
David Dorsett, 37, Wichita, Kan., pleaded guilty to two counts of making extortionate threats via the internet. In his plea, Dorsett admitted he contacted Pistotnik in September 2014 offering reputation management services. Pistotnik met with Dorsett and showed him postings on the internet that Pistotnik wanted removed, including a Kansas Supreme Court disciplinary opinion for Pistotnik and a negative consumer review. Email communications between Dorsett and Pistotnik showed Postnik saying, “Any luck removing that bad website I showed you?” and “tell me how we get rid of it.”
Dorsett sent a barrage of emails to two web sites, leagle.com and RipoffReport.com demanding they remove information critical of Pistotnik. The emails read in part, “If you don’t remove it we will begin targeting your advertisers and explain that this will stop happening to them once they pull their ads…” Dorsett billed Pistotnik for sending the threats and Pistotnik paid him by check the same day.
Co-defendant Pistotnik was sentenced last week to pay a $375,000 fine and $55,200 in restitution.
Dorsett’s sentencing is set for Jan. 6. He faces a penalty of up to two years in federal prison and a fine up to $250,000 on each count.
McAllister commended the FBI and Assistant U.S. Attorney Jason Hart for their work on the case.
California Man Sentenced to more than 15 Years for 16 Pounds of MethamphetamineRead the Press Release
WICHITA, KAN. – A California man arrested in Kansas with 16 pounds of methamphetamine was sentenced today to 188 months in federal prison, U.S. Attorney Stephen McAllister said.
Edgar Santiago, 31, Adelanto, Calif., pleaded guilty to one count of possession with intent to distribute methamphetamine. In his plea, he admitted the Kansas Highway Patrol stopped his car near Liberal in Seward County. In the side quarter panels of the trunk, troopers found 16 pounds of methamphetamine. Accompanying him in the car were his 5-year-old daughter his wife. His wife also has been charged.
McAllister commended the Kansas Highway Patrol, the Drug Enforcement Administration and Assistant U.S. Attorney Mona Furst for their work on the case.
Wichita Man Sentenced for Threatening Operation Rescue workerRead the Press Release
WICHITA, KAN. – A Wichita man was sentenced today to 12 months and a day in prison for threatening an employee of the pro-life organization Operation Rescue, U.S. Attorney Stephen McAllister said.
Christopher M. Thompson, 22, Wichita, Kan., pleaded guilty of one count of making a threat. In his plea, he admitted making three phone calls to Operation Rescue in one day containing threats against the group’s employees.
McAllister commended the FBI, the Wichita Police Department and Assistant U.S. Attorney Jason Hart for their work on the case.
Wichita Lawyer Pleads GuiltyTo Being Involved in CyberattackRead the Press Release
WICHITA, KAN. – A Wichita lawyer was sentenced today after pleading guilty to being involved in a cyberattack, U.S. Attorney Stephen McAllister said. He was ordered to pay a $375,000 fine and restitution of $55,200.
Bradley A. Pistotnik, 63, Wichita, Kan., pleaded guilty to three counts of being an accessory after the fact to making an extortionate threat over the internet. In his plea, Pistotnik admitted he was contacted by attorneys from the legal firm Jaburg Wilk and Ripoff Report regarding cyberattacks launched against Ripoff Report, Jaburg Wilk and Leagle. He falsely denied knowing anything about the attacks.
In fact, Pistotnik knew co-defendant David Dorsett had initiated a flood of emails against the servers used by Leagle, RipoffReport and Jaburg Wilk. Dorsett had met previously with Pistonik offering web design and reputation management services. Dorsett sent emails demanding the removal of information that reflected badly on Pistotnik from their web sites. In one of the threatening emails, Dorsett said, “… if you don’t remove it we will begin targeting your advertisers…”
McAllister commended the FBI and Assistant U.S. Attorney Jason Hart for their work on the case.
Former Wichita Lawyer Sentenced for EmbezzlementRead the Press Release
WICHITA, KAN. – A former lawyer in Wichita was sentenced today to 36 months in custody for embezzling from clients, U.S. Attorney Stephen McAllister said. He was ordered to pay restitution of more than $603,000.
Christopher O’Brien, 69, Wichita, Kan., pleaded guilty to one count of embezzlement from an estate. In his plea, O’Brien admitted he embezzled more than $132,000 from the bankruptcy estate of Roger L. and Maria K. Altis while he was representing the couple.
O’Brien voluntarily surrendered his license to practice law in Kansas.
McAllister commended the FBI and Assistant U.S. Attorney David Lind for their work on the case.
California Man Sentenced for 50 Pounds of MethRead the Press Release
WICHITA, KAN. – A California man who was stopped in Kansas with 50 pounds of methamphetamine in his car was sentenced today to six years in federal prison, U.S. Attorney Stephen McAllister said.
Jesus Antonio Garcia-Maldonado, 36, Panorama City, Calif., pleaded guilty to one count of possession with intent to distribute methamphetamine. In his plea, he admitted he was stopped for speeding on US 54 near Minneola in Clark County, Kan. Law enforcement officers found approximately 50 pounds of methamphetamine in wrapped packages under seats and behind a rear quarter panel. The defendant said he was driving the drugs from San Diego, Calif., to Minnesota.
McAllister commended the Clark County Sheriff’s Office, the Drug Enforcement Administration and Assistant U.S. Attorney Mona Furst.
Three Topeka Men Charged in Federal Drug Trafficking InvestigationRead the Press Release
TOPEK, KAN. – Federal charges were unsealed today against three men who are accused of drug trafficking in Topeka, U.S. Attorney Stephen McAllister said.
On Wednesday, federal, state and local law enforcement agencies served search warrants at 13 locations and arrested three defendants as part of the investigation.
Charges have been filed in federal court in Topeka against the following defendants:
James Charles Booker, Jr., 35, Topeka, one count of conspiracy to possess with intent to distribute cocaine.
Brett Damon McMurray, 48, Topeka, one count of conspiracy to possess with intent to distribute cocaine.
Maurice Ross, 47, Topeka, one count of distributing cocaine.
Upon conviction, the crimes carry the following penalties:
- Conspiracy to possess with intent to distribute crack cocaine: Not less than five years and not more than 40 years in federal prison and a fine up to $5 million.
- Distributing cocaine: Up to 20 years in federal prison and a f fine up to $1 million.
The Federal Bureau of Investigation and the Safe Streets Task Force of Topeka investigated. Assistant U.S. Attorney Jared Maag is prosecuting.
In all cases, defendants are presumed innocent until and unless proven guilty. The indictments merely contain allegations of criminal conduct.
Despite Fake Mustache, Bank Robber Winds up in PrisonRead the Press Release
KANSAS CITY, KAN. – A man who wore a fake mustache and a hospital mask when he robbed a bank in Overland Park was sentenced today to four years in federal prison, U.S. Attorney Stephen McAllister said.
Steven D. Lavy, 56, pleaded guilty to one count of bank robbery. According to court records, he robbed the Bank of the West at 12080 Blue Valley Parkway in Overland Park on June 21, 2017. During the robbery, he wore a yellow striped polo shirt, khaki pants, a fake mustache, a blue and white hospital mask, a straw hat and sunglasses. He also had his left arm in a sling.
Police spotted his getaway car a few minutes after the robbery and there was a chase during which Lavy drove on sidewalks and twice rammed a police car. Police found the fake mustache on the dashboard of his car when they arrested him.
McAllister commended the Overland Park Police Department, the Leawood Police Department, the FBI and Assistant U.S. Attorney Tris Hunt for their work on the case.
Wichita Man Sentenced in Commercial RobberiesRead the Press Release
WICHITA, KAN. – A Wichita man who robbed three stores was sentenced Tuesday to 84 months in federal prison, U.S. Attorney Stephen McAllister said.
Willie Smith, 39, Wichita, Kan., pleaded guilty to one count of robbery. In his plea, he admitted that in 2018 he robbed the QuikTrip store at 1532 S. Seneca. He showed the clerk what appeared to be a revolver before demanding money. Later, when investigators searched his apartment, they found a black BB gun they believe Smith used in three robberies.
At sentencing, the court also took into account as relevant conduct two other robberies Smith committed in 2018. Smith robbed the Express Mart at 565 S. Market. During the robbery, he showed the clerk what appeared to be a revolver. Smith also robbed Pete’s Liquor at 332 W. Harry. During the robbery, he pulled out what appeared to be a revolver.
McAllister commended the Wichita Police Department and Assistant U.S. Attorney David Lind for their work on the case.
Indictment: Former Immigration Officer Pretended to Be ICE SupervisorRead the Press Release
WICHITA, KAN. – A former ICE officer was indicted today on a charge of impersonating a federal officer, U.S. Attorney Stephen McAllister said.
Andrew J. Pleviak, 42, Topeka, is charged with one count of false impersonation of a federal officer. In court documents, Pleviak is alleged to have tried to have a man who was arrested by the Kingman County Sheriff’s Department released from custody.
Juan Tapia-Alfaro was arrested after deputies allegedly found a Kansas driver’s license he fraudulently obtained using a birth certificate and Social Security number of a person living in Puerto Rico. On the same day, Pleviak is alleged to have called the Sheriff’s Department claiming to be a supervisor with Immigration and Customs Enforcement. In fact, Pleviak was no longer an ICE employee. In 2018, he was convicted of violating a federal computer security statute.
On Sept. 3, 2019, Pleviak allegedly gave the Sheriff’s Department a letter on ICE letterhead claiming that Tapia-Alfaro was working as a confidential informant for the Drug Enforcement Administration and requesting charges be dropped. Sheriff’s Department officers saw through the ruse and arrested Pleviak on the spot.
According to court records, Tapia-Alfaro said he knew Pleviak from doing work on Pleviak’s house.
If convicted, Pleviak could face up to three years in federal prison and a fine up to $250,000. The Kingman County Sheriff’s Office and Homeland Security Investigations investigated. Assistant U.S. Attorney David Lind is prosecuting.
OTHER INDICTMENTS
Shawn Richard Seburn, 41, Hutchinson, Kan., is charged with one count of transporting child pornography through a Tumblr account via the internet. The crime is alleged to have occurred in August and September 2018 in Reno County, Kan.
If convicted, he could face a sentence of not less than five years and not more than 20 years in federal prison and a fine up to $250,000. The FBI investigated. Assistant U.S. Attorney Jason Hart is prosecuting.
John Dean Hopkins, 61, Haysville, Kan., is charged with two counts of transporting child pornography through Dropbox via the internet. The crimes are alleged to have occurred in January 2017 and October 2018 in Sedgwick County, Kan.
If convicted, he could face a sentence of not less than five years and not more than 20 years in federal prison and a fine up to $250,000 on each count. The FBI investigated. Assistant U.S. Attorney Jason Hart is prosecuting
Danny Del Real, 30, Dodge City, Kan., is charged in a superseding indictment with seven counts of distributing methamphetamine. The crimes are alleged to have occurred in 2018 and 2019 in Dodge City, Kan.
If convicted, he could face a sentence of not less than 10 years and a fine up to $10 million on each count. The Kansas Bureau of Investigation, the Dodge City Police Department and the Drug Enforcement Administration investigated. Assistant U.S. Attorney Alan Metzger is prosecuting.
Tomas Juan Tomas-Andres, 39, a citizen of Guatemala, is charged with one count of using another person’s Social Security number and one count of aggravated identity theft. The crimes are alleged to have occurred in October 2017 in Arkansas City, Kan.
If convicted, he could face up to five years in federal prison and a fine up to $250,000 on the Social Security count and a mandatory two years (consecutive) and a fine up to $250,000 on the identity theft count. The Kansas Department of Revenue investigated. Assistant U.S. Attorney Alan Metzger is prosecuting.
Cornel A. Owens, 42, Iola, Kan., is charged with one count of possession with intent to distribute methamphetamine and one count of unlawful possession of a firearm by a convicted felon. The crimes are alleged to have occurred in 2018 and 2019 in Iola and Independence, Kan.
If convicted, he could face a sentence of not less than 10 years and a fine up to $4 million on the drug charge and up to 10 years and a fine up to $250,000 on the firearm charge. The Kansas Bureau of Investigation investigated, the Iola Police Department, the Montgomery County Sheriff’s Office and the Independence Police Department investigated. Assistant U.S. Attorney Mona Furst is prosecuting.
Laveil D. Mansaw, 34, is charged with one count of possession with intent to distribute marijuana, one count of unlawful possession of a firearm in furtherance of drug trafficking and one count of unlawful possession of a firearm by a convicted felon. The crimes are alleged to have occurred on Feb. 15, 2019, in Bonner Springs, Kan.
If convicted, he could face a sentence of up to five years in federal prison and a fine up to $250,000 on the marijuana charge, not less than five years and a fine up to $250,000 on the first firearm charge and up to 10 years and a fine up to $250,000 on the second firearm charge. The Bureau of Alcohol, Tobacco, Firearms and Explosives investigated. Assistant U.S. Attorney Terra Morehead is prosecuting.
Sonia Hernandez-Smith, 41, Wichita, Kan., is charged with 20 counts of making false statements in federal tax returns. The crimes are alleged to have occurred in 2013, 2014 and 2015 in Sedgwick County, Kan.
The indictment alleges Hernandez-Smith prepared taxpayers’ returns that falsely stated they were eligible to claim Child Tax Credit, Additional Child Tax Credit and Earned Income Credit.
If convicted, Hernandez-Smith could face up to three years in federal prison and a fine up to $100,000 on each count. The Internal Revenue Service investigated. Assistant U.S. Attorney Aaron Smith is prosecuting.
Gerson Ramos-Matamoros, 33, a citizen of Honduras, is charged with unlawfully re-entering the United States after being deported. He was found Sept. 20, 2019, in Republic County, Kan.
If convicted, he faces up to two years in federal prison and a fine up to $250,000. Homeland Security Investigations investigated. Assistant U.S. Attorney David Lind is prosecuting.Wade Dunn, 30, Wichita, Kan., was indicted by a grand jury on one count of escaping from federal custody. The indictment alleges that on Sept. 23, 2019, he failed to return to Mirror, Inc., Residential Re-Entry Center in Wichita after leaving the facility on a pass.
Initially, Dunn was charged Sept. 25, 2019, in a sealed criminal complaint filed in federal court.
On Sept. 28, Wichita police announced they had arrested Dunn in connection with a stabbing incident.
The federal complaint was unsealed Sept. 30.
If convicted, he could face a sentence of up to five years in federal prison and a fine up to $250,000. The Wichita Police Department and the U.S. Marshals Service investigated. Assistant U.S. Attorney David Lind is prosecuting.
In all cases, defendants are presumed innocent until and unless proven guilty. The indictments merely contain allegations of criminal conduct.
Wichita Woman Sentenced for Four Commercial RobberiesRead the Press Release
WICHITA, KAN. – A Wichita woman was sentenced today to 40 months in federal prison for taking part in four commercial robberies, U.S. Attorney Stephen McAllister said.
Savannah Cole, 22, Wichita, Kan., pleaded guilty to four counts of robbery. In her plea, he admitted committing the following robberies:
- Dollar General Store, 915 S. Glendale in Wichita, Nov. 22, 2017. Cole admitted she and co-defendant Kenneth W. Cade, 29, Wichita, Kan., went into the store together to rob it. Cade pointed a gun at an employee and demanded money.
- C-Store, 837 S. Oliver in Wichita, Feb. 7, 2018. Cole admitted she pointed a gun at an employee and demanded money. Cade stayed outside as a lookout.
- Arby’s, 4308 E. Harry in Wichita, Feb. 14, 2018. Cole and Cade went into the store to rob it. Cade pointed a firearm at an employee and demanded money.
- Circle K Store, 515 N. Seneca in Wichita, Feb. 14, 2018. Cole and Cade went into the store to rob it. Cole pointed a gun at the clerk and demanded money. Cade grabbed the cash.
Last month, co-defendant Cade was sentenced to 12 years in federal prison.
McAllister commended the FBI, the Wichita Police Department and Assistant U.S. Attorney Matt Treaster for their work on the case, which was prosecuted as part of Project Safe Neighborhoods, a U.S. Department of Justice initiative targeting violent crime.
Retired City Clerk Pleads Guilty to EmbezzlementRead the Press Release
WICHITA, KAN. – A retired city clerk of Caney, Kan., pleaded guilty today to embezzling city funds, U.S. Attorney Stephen McAllister said.
Carole Sue Coker, 70, Oronogo, Mo., pleaded guilty to one count of mail fraud. Coker, who served as city clerk for about 40 years, admitted she took money from payments made to the city in the form of cash and checks.
In some cases, she did not deposit cash payments from customers into the city’s accounts. In other cases, she deposited only a portion of payments made in the form of checks.
In her plea agreement, Coker agreed to pay more than $150,000 in restitution.
Sentencing is set for Dec. 19. She faces a penalty of up to 20 years in federal prison.
McAllister commended the FBI and Assistant U.S. Attorney Alan Metzger for their work on the case.
Kansas Woman Convicted in Scam Targeting Homeowners Facing ForeclosureRead the Press Release
KANSAS CITY, KAN. - A federal jury Monday found a Kansas woman guilty of taking part in a scheme to swindle homeowners facing foreclosure with false promises to help them save their homes, U.S. Attorney Stephen McAllister said.
Sara Cordry, 69, Overland Park, Kan., was convicted on one count of conspiracy, one count of mail fraud and six counts of wire fraud.
During trial, prosecutors presented evidence that Cordry conspired with co-defendants to take money from victims by fraudulently promising to:
- Lower their interest rates.
- Lower their monthly payments.
- Help them obtain loan modifications.
Investigators identified more than 500 victims in 24 states who suffered a total loss of more than $1 million due to the scheme.
Co-defendants include:
- Tyler Korn, 30, St. Ann, Mo., who was sentenced to 51 months in federal prison.
- Ruby Price, 74, Bonner Springs, Kan., who is awaiting sentencing.
- Amjad Daud, 35, Lutz, Fla., who failed to appear at court hearings. A warrant for his arrest has been issued.
Cordry’s sentencing is set for Jan. 9, 2020. She could face up to 30 years in federal prison and a fine up to $1 million on each count.
McAllister commended the U.S. Department of Housing and Urban Development - Office of Inspector General, the Federal Housing Finance Agency - Office of Inspector General, the Johnson County District Attorney’s Office, Special Assistant U.S. Attorney Emilie Burdette and Assistant U.S. Attorney Jabari Wamble for their work on the case.
Wichita Man Appears in Federal Court on Charge of Escaping CustodyRead the Press Release
WICHITA, KAN. - A Wichita man appeared in federal court here today on a charge of escaping custody, U.S. Attorney Stephen McAllister said.
Wade Dunn, 30, Wichita, Kan., is charged with one count of escape from custody. A criminal complaint filed in federal court alleges Dunn escaped from the Mirror, Inc., Residential Re-entry Center in Wichita.
In July 2017, Dunn was sentenced to 33 months in federal prison after being convicted on a charge of unlawful possession of a firearm by a convicted felon. In July 2019, the U.S. Bureau of Prisons transferred him to the residential re-entry center in Wichita to serve the remainder of his sentence.
On Sept. 23, 2019, Dunn left the halfway house on a pass at 9:30 a.m. and failed to return at 5:30 p.m. that day.
On Sept. 28, 2019, Wichita police announced they had arrested Dunn in connection with a random stabbing on Sept. 23 in the 7400 block of East 17th Street North.
Dunn will be held pending trial.
If convicted, he could face up to five years in federal prison and a fine up to $250,000. The Wichita Police Department and the U.S. Marshals Service investigated. Assistant U.S. Attorney Matt Treaster and Assistant U.S. Attorney David Lind are prosecuting.
In all cases, defendants are presumed innocent until and unless proven guilty. The indictments merely contain allegations of criminal conduct.KCK Woman Sentenced for Break-In at Cabela’sRead the Press Release
KANSAS CITY, KAN. – A Kansas City, Kan., woman was sentenced to 12 months and a day in federal prison Monday for her role in crashing a car into a Cabela’s store to steal guns, U.S. Attorney Stephen McAllister said.
Brenda Tosh, 28, Kansas City, Kan., pleaded guilty to one count of conspiring to steal guns from a federally licensed firearms dealer. In her plea, she admitted that she and a co-defendant crashed a car into a Cabela’s store in Kansas City, Kan. They took long guns from the firearms section of the store and placed them into a shopping cart. According to court records, the guns included two 12-gauge shotguns, a .22-caliber rifle, a .308-caliber rifle and a .223-caliber rifle.
Law enforcement officers arrived and arrested Tosh before she could leave the store. The co-defendant was arrested later, after fleeing the store and stealing a car from a nearby dealership.
Co-defendant Kyle Mendez, 29, Kansas City, Kan., is scheduled for sentencing Nov. 26.
McAllister commended the Kansas City, Kan., Police Department, the Bureau of Alcohol, Tobacco, Firearms and Explosives and Assistant U.S. Attorney Chris Oakley for their work on the case.
Pittsburg Man Sentenced to 27 Years for Producing Child PornRead the Press Release
WICHITA, KAN. – A southeast Kansas man was sentenced Thursday to 27 years in Federal prison for producing child pornography, U.S. Attorney Stephen McAllister said.
Michael Paul Murphy, 41, Pittsburg, Kan., pleaded guilty to two counts of producing child pornography. In his plea, Murphy admitted using an iPhone to surreptitiously record minor victims in various stages of undress. He edited the recordings to focus on the victims’ genitals. He emailed the images to his workplace.
McAllister commended the Pittsburg Police Department, the FBI and Assistant U.S. Attorney Jason Hart for their work on the case.
Soldier at Fort Riley Charged with Distributing Instructions for BombsRead the Press Release
TOPEKA, KAN. - A soldier stationed at Fort Riley was charged in federal court here today with sending over social media instructions for making bombs, U.S. Attorney Stephen McAllister said.
Jarrett William Smith, 24, Fort Riley, Kan., was charged with one count of distributing information related to explosives and weapons of mass destruction.
Smith, a specialist first class infantry soldier, joined the Army June 12, 2017, and was transferred to Fort Riley, Kan., on July 8, 2019. According to an FBI investigator’s affidavit, Smith said on Facebook he was interested in traveling to the Ukraine to fight with a paramilitary group called the Azov Batallion.
During a Facebook chat, Smith offered to teach other Facebook users to make cell phone explosive devices “in the style of the Afghans.” On Aug. 19, 2019, Smith told an undercover investigator he was looking for “radicals” like himself. Smith talked about killing members of Antifa and destroying nearby cell towers or a local news station. On Aug. 21, Smith told an undercover investigator about how to make a vehicle bomb. When the investigator commented that most of the components were household items, Smith said: “Making AK47s out of expensive parts is cool, but imagine if you will if you were going to WalMart instead of a gun store to buy weapons.”
Smith also described in detail to the undercover investigator how to build a bomb that could be triggered by calling a cell phone.
“Be very careful with the fully armed device,” Smith warned the investigator.
If convicted, Smith could face up to 20 years in federal prison and a fine up to $250,000. The FBI investigated. Assistant U.S. Attorney Tony Mattivi is prosecuting.
In all cases, defendants are presumed innocent until and unless proven guilty. The indictments merely contain allegations of criminal conduct.
Wichita Man Sentenced for Four Commercial RobberiesRead the Press Release
WICHITA, KAN. – A Wichita man was sentenced today to 12 years in federal prison for robberies at four local stores, U.S. Attorney Stephen McAllister said.
Kenneth W. Cade, 29, Wichita, Kan., pleaded guilty to four counts of robbery and one count of carrying a firearm during a robbery. In his plea, he admitted committing the following robberies:
- Dollar General Store, 915 S. Glendale in Wichita, Nov. 22, 2017. Cade admitted pointing a gun at an employee and demanding money.
- C-Store, 837 S. Oliver in Wichita, Feb. 7, 2018. Cade admitted serving as a lookout while a co-defendant pointed a gun at an employee and demanded money.
- Arby’s, 4308 E. Harry in Wichita, Feb. 14, 2018. Cade admitted pointing a firearm at an employee and demanding money.
- Circle K Store, 515 N. Seneca in Wichita, Feb. 14, 2018. Cade admitted grabbing cash from a register after a co-defendant pointed a gun at an employee and demanded money.
Co-defendant Savannah Cole, 22, Wichita, Kan., is set for sentencing Oct. 4, 2019.
McAllister commended the FBI, the Wichita Police Department and Assistant U.S. Attorney Matt Treaster for their work on the case, which was prosecuted as part of Project Safe Neighborhoods, a U.S. Department of Justice initiative targeting violent crime.
Registered Sex Offender in Kansas Convicted on Federal Child Porn ChargesRead the Press Release
WICHITA, KAN. – A registered sex offender living in western Kansas was convicted today on federal child pornography charges, U.S. Attorney Stephen McAllister said.
A federal jury convicted Wayne Benjamin Wasson, 59, Great Bend, Kan., on four counts of uploading child pornography to the internet and one count of possessing child pornography.
During trial, a prosecutor presented evidence that Yahoo and Google detected child pornography originating from Wasson’s residence. The digital trail led investigators to Wasson, who admitted he had received child pornography via Skype and had operated a number of other accounts. Investigators found child pornography within the accounts and on Wasson’s devices.
Wasson registered as a sex offender in 2007 following a conviction for possession of child pornography.
Sentencing is set for Dec. 13, 2019. He faces a penalty of not less than 15 years in federal prison and a fine up to $250,000.
McAllister commended the FBI and Assistant U.S. Attorney Jason Hart for their work on the case.
Kansas Man Probably Shot Himself with Gun He Was Prohibited from HavingRead the Press Release
TOPEKA, KAN. – A Topeka man who appears to have accidentally shot himself was sentenced Tuesday to 30 months in federal prison for unlawful possession of a gun, U.S. Attorney Stephen McAllister said.
Keeno D. Collins, 26, Ozawkie, Kan., pleaded guilty to one count of unlawful possession of a firearm by a convicted felon. In his plea, he admitted Topeka police found him wounded on the grounds of the Topeka West High School. He had a gunshot wound to his upper left arm. Collins told police he didn’t know what had happened. After police found a gun nearby, they matched DNA on the weapon to Collins. He was prohibited from possessing a firearm because of a 2015 conviction in Shawnee County District Court on a felony drug charge.
McAllister commended the Topeka Police Department, the Bureau of Alcohol, Tobacco, Firearms and Explosives and Assistant U.S. Attorney Stephen Hunting for their work on the case.
Indictments: Convicted Felons Had GunsRead the Press Release
TOPEKA, KAN. – Two Kansas men with prior felony convictions were charged in separate cases today with unlawfully possessing firearms, U.S. Attorney Stephen McAllister said.
Gwyndell B. Declerck, Jr., 32, Topeka, Kan., is charged with one count of unlawful possession of a firearm by a felon. The indictment alleges that on Aug.17, 2019, Declerck unlawfully possessed a .40 caliber handgun. He was prohibited from having a gun because of prior convictions, including a 2010 conviction in Shawnee County District Court for criminal possession of a firearm.
Declerck was arrested Aug. 17, 2019, after Topeka police reported responding to callers complaining their house was hit by bullets.
If convicted Declerck faces up to 10 years in federal prison and a fine up to $250,000. The Topeka Police Department and the FBI investigated. Assistant U.S. Attorney Jared Maag is prosecuting.
Jeffrey Lamont Armstrong, 38, Salina, Kan., is charged with one count of unlawful possession of a firearm by a felon, one count of possession with intent to distribute methamphetamine and one count of unlawful possession of a firearm in furtherance of drug trafficking. The crimes are alleged to have occurred Feb. 22, 2019, in Saline County, Kan.
If convicted, Armstrong could face up to 10 years in federal prison and a fine up to $250,000 on the first firearm charge, up to 20 years and a fine up to $1 million on the drug charge and not less than five years and a fine up to $250,000 on the second firearm charge. The Bureau of Alcohol, Tobacco, Firearms and Explosives investigated. Special Assistant U.S. Attorney Lindsey Debenham is prosecuting.
Both cases are being prosecuted under the Project Safe Neighborhoods initiative, a Justice Department program aimed at reducing gun violence. Last year, the U.S. Attorney’s Office for the District of Kansas prosecuted 161 defendants who were found guilty of federal firearms violations.
In all cases, defendants are presumed innocent until and unless proven guilty. The indictments merely contain allegations of criminal conduct.
Topeka Men Plead Guilty to Federal Carjacking ChargeRead the Press Release
TOPEKA, KAN. – Two Topeka men pleaded guilty today to a federal carjacking charge, U.S. Attorney Stephen McAllister said.
Chauncey Elliott Lyles, 20, Topeka, Kan., and Mathdaniel Squirrel, 23, Topeka, Kan., both pleaded guilty to one count of carjacking.
In their pleas, they admitted that on Jan. 30, 2019, in Topeka, they threatened the driver of a 2007 Cadillac SUV and stole the vehicle.
Sentencing is set for Nov. 26. The parties have agreed to recommend a sentence of not less than 60 months and not more than 87 months.
McAllister commended the Topeka Police Department, the FBI and Assistant U.S. Attorney Skip Jacobs for their work on the case.
Former Garden Plain Water Operator Pleads Guilty to Making False ReportRead the Press Release
WICHITA, KAN. - The former operator of the water system in Garden Plain, Kan., pleaded guilty today to falsifying a report on the quality of the city’s drinking water, U.S. Attorney Stephen McAllister said.
Arthur Wolfe, 64, Norwich, Kan., pleaded guilty to one count of a making a false statement in a report to the Kansas Department of Health and Environment that is required by the Environmental Protection Agency. Wolfe certified a bacteriological report in falsely represented water samples taken at the water treatment plant as samples taken at other locations.
Sentencing is set for Dec. 2. He faces a penalty of up to a year in federal prison and a fine up to $100,000. McAllister commended the Environmental Protection Agency and Assistant U.S. Attorney Alan Metzger for their work on the case.
Former Fontana City Treasurer Sentenced for EmbezzlementRead the Press Release
WICHITA, KAN. – A former treasurer for the city of Fontana in Miami County, Kan., was sentenced Monday to 12 months and a day in prison for embezzlement, U.S. Attorney Stephen McAllister said.
Deborah Sell, 56, Fontana, Kan., pleaded guilty to one count of wire fraud and one count of filing a false tax return. In her plea, she admitted she used her position as treasurer to steal money from the city. She issued city checks to pay her personal expenses, withdrew cash using a city debit card for personal expenses, and deposited cash payments received from customers into her personal account.
At a sentencing hearing today, prosecutors told the court Sell embezzled a total of more than $174,000 from the city, including a debit card withdrawal of $414 at an ATM in a casino in Riverside, Mo.
She admitted her 2016 tax return failed to include more than $94,000 in income she embezzled that year.
McAllister commended the U.S. Secret Service, IRS-Criminal Investigation and Assistant U.S. Attorney Chris Oakley for their work on the case.
Ohio Gamer Sentenced in Deadly Swatting CaseRead the Press Release
WICHITA, KAN. – WICHITA, KAN. – An Ohio gamer involved in a swatting incident that led to a death was sentenced today to 15 months in prison, U.S. Attorney Stephen McAllister said. In addition, the defendant was ordered to pay $2,500 in restitution. After the prison term, he will serve two years on supervised release.
Casey S. Viner, 19, North College Hill, Ohio, pleaded guilty to one count of conspiracy and one count of obstructing justice.
“Swatting, and soliciting others to swat someone, are more than foolish,” McAllister said. “Such actions are reckless, dangerous and, as this case proves, potentially tragic. Swatting is not a prank, and it is no way to resolve disputes among gamers. Once again, I call upon gamers to self-police their community to ensure that the practice of swatting is ended once and for all.”
In his plea, Viner admitted he argued with co-defendant Shane Gaskill while playing Call of Duty World War II online. Viner contacted co-defendant Tyler Barriss and asked him to swat Gaskill, Viner thought Gaskill lived at 1033 W. McCormick in Wichita.
In fact, Gaskill gave Viner and Barriss a false address. Barriss called Wichita police and reported a hostage situation at 1033 W. McCormick. Police responded, believing they were dealing with a man who had shot his own father and was holding family members hostage. Andrew Finch, who lived at the address, did not know why police were at his home when he stepped onto the porch. When Finch made a move that startled officers, he was shot and killed.
Barriss was sentenced to 20 years in federal prison. Barriss pleaded guilty to more than 50 felonies nationwide, including federal charges in Kansas of making an interstate hoax that resulted in a death and cyberstalking. Gaskill was placed on deferred prosecution.
In his plea, Viner admitted trying to erase any record on his phone of his communications with Barriss and Gaskill.
McAllister commended the FBI, the Wichita Police Department and his co-counsel Assistant U.S. Attorney Debra Barnett for their work on the case.
U.S. Attorney: $750,000 Federal Grant Will Support Wichita Gun Crime CenterRead the Press Release
WICHITA, KAN. – A $750,000 grant from the U.S. Department of Justice will help the Wichita Police Department set up a gun crime center, U.S. Attorney Stephen McAllister said today.
The grant is part of a federal initiative aimed at putting more resources into cities that are fighting violent crime problems.
“We want the Wichita Police Department to have more tools to fight violent crime,” U.S. Attorney Stephen McAllister said. “Technology, intelligence and community engagement are the keys to identifying firearms used in crimes and successfully prosecuting armed criminals.”
In its application for the grant, the Wichita Police Department outlined plans to develop a Crime Gun Intelligence Center (CGIC), including a crime analyst, an investigator, training, software for data analysis, bullets, cameras, a remote test fire system, microscope, bullet detection sensors, a CGIC prosecutor and forensic examiner. The plan includes funding for Wichita State University to serve as a research partner. The federal Bureau of Alcohol, Tobacco, Firearms and Explosives will work with police on the project.
Funding is being provided by the Justice Department’s Bureau of Justice Assistance through the National Crime Gun Intelligence Center initiative. For more information. More information on the program is available at https://crimegunintelcenters.org/
Defendants Indicted in Wichita Among Hundreds Indicted in Worldwide Fraud ProbeRead the Press Release
WICHITA, KAN. – Five men indicted in federal court in Wichita are among hundreds of defendants charged in an international fraud investigation, U.S. Attorney Stephan McAllister said today.
King Bassey Essien, 26, Wichita, Kan., Franklin Ogochukwu Okapu, 20, Wichita, Kan., Oluwatimileyin Aloaye Frederick Diyaolu, 21, Wichita, Kan., Emmanuel Oluwaseun Daramola, 22, Wichita, Kan., and Abasiakara Ime Ekanem, 22, Nigeria, are charged with one count of conspiracy to commit money laundering.
The indictment alleges the defendants received money from victims of fraud in the United States and foreign countries. The frauds took many forms including romance scams and investment scams designed to cause victims to transfer money to bank accounts controlled by the defendants and others. The defendants would transfer the money to other accounts, primarily in Nigeria and Ghana. The defendants also transferred money among themselves, received transfers and made cash withdrawals.
The indictment alleges:
- Essien’s account received cash depots of more than $190,000, international wire transfers of more than $120,000 and domestic wire transfers of more than $88,000. Two-thirds of the money was transferred to bank accounts in Nigeria and Ghana.
- Okapu’s accounts received cash deposits of more than $67,000 and total deposits of more than $337,000, including domestic transfers, money orders and cashier’s deposits.
- Diyaolu’s accounts received total deposits of more than $572,000. Three-quarters of the money was transferred to bank accounts in Nigeria.
- Daramola’s accounts received total deposits of more than $283,000. More than two-thirds of the money was transferred to bank accounts in Nigeria.
- Ekanem’s accounts received total deposits of more than $208,000. Almost half the money was withdrawn as cash.
Together, the defendants are alleged to have transferred more than $923,000 to an unindicted conspirator in Lagos, Nigeria, and more than $211,000 to another unindicted conspirator in Lagos, Nigeria.
The defendants in Kansas were among more than 280 people arrested in the United States and overseas as a result of a joint investigation by the U.S. Department of Justice, the U.S. Department of Homeland Security, the Internal Revenue Service, the U.S. Postal Inspection Service and the U.S. Department of State.
The investigation targeted many kinds of scams including so-called romance scams that obtain money from victims by claiming their loved ones need funds, and investment scams that seek money from victims seeking business opportunities.
If convicted, the defendants face up to 20 years in federal prison and a fine up to $500,000. The FBI investigated. Assistant U.S. Attorney Aaron Smith is prosecuting.
In all cases, defendants are presumed innocent until and unless proven guilty. The indictments merely contain allegations of criminal conduct.
Topeka Man Charged with Bank RobberyRead the Press Release
TOPEKA, KAN. – A Topeka man was charged today with bank robbery, U.S. Attorney Stephen McAllister said.
James E. Freeman, 55, Topeka, Kan., is charged with one count of bank robbery. A criminal complaint filed today in U.S. District Court in Topeka alleges he robbed U.S. Bank at 719 South Kansas Avenue in Topeka. An affidavit alleges Freeman entered the bank at about 2:30 p.m. on Sept. 4. He began striking the counter with his right hand and screaming, “Just give me money,” and “This is a robbery.” He left the bank with cash.
A Topeka police officer responding to the bank robbery call found Freeman walking on 6th Street about a block from the bank. Freeman was holding cash in his hands when he was arrested.
If convicted, Freeman faces up to 20 years in federal prison and a fine up to $250,000. The Topeka Police Department and the FBI investigated. Assistant U.S. Attorney Jared Maag is prosecuting.
In all cases, defendants are presumed innocent until and unless proven guilty. The indictments merely contain allegations of criminal conduct.
KCK Man Sentenced for Robberies at Bank, Pharmacy and Retail StoreRead the Press Release
KANSAS CITY, KAN. – A Kansas man was sentenced today to 77 months in federal prison for robbing a bank and a pharmacy and attempting to rob a retail store, U.S. Attorney Stephen McAllister said.
Ralph McGinnis, 63, Kansas City, Kan., pleaded guilty to two counts of robbery and one count of attempted robbery.
In his plea, McGinnis admitted he robbed the Bank of Labor at 756 Minnesota in Kansas City, Kan. He told a bank clerk, “don’t say anything,” and demanded money from a cash drawer. When he fled from the bank with cash, a security guard followed him as far as an apartment building in the 700 block of Nebraska Avenue where McGinnis lived.
The day before the bank robbery, McGinnis was carrying what appeared to be a rifle when he attempted to rob a Family Dollar at 1200 N. 7th Street. After the clerk ducked behind the counter, McGinnis left with no money.
On the same day as the attempted robbery, McGinnis robbed the CVS Pharmacy at 950 Minnesota. He told a clerk he had a gun and would use it if he didn’t get what he wanted. He fled with cash.
McAllister commended the FBI, the Kansas City, Kan., Police Department and Assistant U.S. Attorney Trent Krug for their work on the case.
Franklin County Man Sentenced to 17+ Years for Selling Drugs, Guns to Undercover OfficersRead the Press Release
KANSAS CITY, KAN. – A man who lived in Franklin County was sentenced today to 210 months in federal prison for selling drugs and guns to undercover officers, U.S. Attorney Stephen McAllister said.
Heriberto Armendariz-Garcia, 39, Wellsville, Kan., pleaded guilty to one count of conspiracy to distribute more than five kilograms of cocaine. In his plea, he admitted he met multiple times with undercover officers, selling them cocaine, methamphetamine and firearms. During the course of the investigation he sold or arranged for the sale of nine kilograms of cocaine, 4.8 kilograms of methamphetamine, 16 firearms and 232 rounds of ammunition.
During one meeting with undercover officers, Armendariz-Garcia told them someone had stolen four kilograms of cocaine from him and when “the people down south” found out he might lose his house.
McAllister commended the Bureau of Alcohol, Tobacco, Firearms and Explosives, Assistant U.S. Attorney Trent Krug and Assistant U.S. Attorney Dave Zabel for their work on the case.
Former Linn County Attorney Sentenced for Thefts of Public PropertyRead the Press Release
KANSAS CITY, KAN. – The former Linn County Attorney was sentenced today to a year and a day in prison for stealing $75,000 worth of electronics and equipment that belonged to the county, U.S. Attorney Stephen McAllister said. In addition, the defendant was ordered to pay $75,000 in restitution and a fine totaling $11,000.
John Sutherland, 69, Mound City, who served as county attorney for approximately 20 years before leaving the job in January 2017, pleaded guilty to one count of mail fraud and one count of lying to federal investigators. The crimes took place from sometime prior to January 2009 until Sutherland left office.
“The defendant abused the public trust,” McAllister said. “He used his elected position as county attorney to steal more than $75,000 from the Linn County taxpayers who had placed their trust in him as the county’s top law enforcement official. According to the U.S. Census Bureau, there were approximately 9,750 people in Linn County in 2018. The median household income was $46,576. That means the defendant stole property worth far more than most Linn County residents earn in a year.”
According to the government’s sentencing memo, the defendant had the county pay for seven cellular phones that were not used to conduct county business.
In his plea, Sutherland admitted that on Feb. 6, 2019, FBI agents found 13 items stolen from Linn County when they searched Sutherland’s office at the Wyandotte County District Attorney’s Office. At the time, Sutherland was working as an Assistant District Attorney. One of the items was a stolen Apple laptop computer.
When FBI agents interviewed him, Sutherland denied any wrongdoing and made other false statements. For instance, he claimed that an Apple TV 64 GB video-streaming device the county purchased for about $220 had been destroyed. FBI agents found the device intact at Sutherland’s residence.
In his plea agreement, Sutherland agreed to surrender his license to practice law.
McAllister commended the FBI, the Kansas Bureau of Investigation, Assistant U.S. Attorney Tris Hunt and Assistant U.S. Attorney Chris Oakley for their work on the case. McAllister assisted with the prosecution of the case.
Investigation in Manhattan Results in 50+ People Indicted n Federal Drug Trafficking ChargesRead the Press Release
TOPEKA, KAN. – More than 50 people have been indicted on federal charges as a result of a three-year investigation to identify traffickers behind a rising tide of heroin, fentanyl and other drugs on the streets of Manhattan, Kan., U.S. Attorney Stephen McAllister said.
“Fentanyl and heroin are a deadly combination,” said U.S. Attorney Stephen McAllister. “Our goal is to save lives by disrupting the pipelines bringing these and other poisons to the city Manhattan.”
OVERDOSE DEATH
Federal indictments filed last week and kept under seal until now allege that 18-year-old Kansas State student Maxwell F. Dandaneu was found dead Sept. 26, 2017, in his off-campus apartment from an overdose caused by fentanyl. An indictment alleges Dandaneu got the drugs from a drug trafficking organization made up of five conspirators who are among 54 defendants whose names appear in one of a 13 grand jury indictments.
Defendants Henry Clark, Sylvester Calvert, Michael Calvert, James Toliver, and Blake Woodard are charged with conspiring to distribute fentanyl and heroin resulting in Dandaneu’s overdose death, as well as other charges. Woodward is charged with directly distributing the fentanyl to Dandaneu that led to the fatal overdose.
DRUGS CHARGED
In addition to heroin and fentanyl, other drugs that traffickers are accused of distributing include ecstasy, marijuana, methamphetamine and hydrocodone.
CRIMES CHARGED
The indictments include charges of conspiracy to distribute controlled substances resulting in bodily injury or death, distributing controlled substances resulting in bodily harm or death, conspiracy to distribute controlled substances, unlawful possession of a firearms in furtherance of drug trafficking, unlawful possession of a firearm by a felon, maintaining a drug involved premise, possession with intent to distribute a controlled substance, making a false statement in the purchase of a firearm, using Facebook Messenger in furtherance of drug trafficking and removal of property to avoid seizure.
CHICAGO CONNECTION
Law enforcement officers called the investigation Operation Chicago Connection, based on the fact that in 2016 investigators began to hear talk on the streets of this college town about traffickers who some sources called “the Chicago Boys.” In the following months, investigators worked to get a clearer picture of what was going on. What they learned was that some traffickers were making regular trips to Chicago to bring back heroin, fentanyl and other drugs.
TAKEDOWN
Law enforcement officers were out in force Tuesday, serving arrest warrants and search warrants in Manhattan as part of a federal takedown that was one of the largest in state history. Defendants were scheduled to begin making initial appearances in federal court in Topeka today.
DEFENDANTS
The following defendants were charged:
Indictment No. 1 (Nine defendants, conspiracy, overdose death, heroin, fentanyl, and marijuana, $30,000 forfeiture)
Henry Clark, 42
Sylvester Calvert, Jr., 31, Manhattan, Kan.
Michael Clavert, 28, Manhattan, Kan.
James Toliver, 39, Manhattan, Kan.
Blake Woodward, 23
Kimberly Obrecht, 33
Robert Houston, Sr., 39
Prianna Baggett, 24, Manhattan, Kan.
Jeremy Richmond, 27
Indictment No. 2 (Five defendants, heroin, fentanyl, firearms, $30,000 forfeiture)
Kevin Henderson, 48, Topeka, Kan.
Kenneth Shorter, 57, Manhattan, Kan.
Wayne Ingram, 24
Quinton Shorter, 65, Manhattan, Kan.
Shirley Moton, 60, Manhattan, Kan.
Indictment No. 3 (21 defendants, methamphetamine, heroin firearms, $50,000 forfeiture)
Dontae Patterson, 39
Michael Walker, Jr.,26
Joseph Hammond, 48, Manhattan, Kan.
Dawn Cyphers, 41
Paul Goodman, III, 48, Junction City, Kan.
Sasha Soules-Jones, 31
Deanna Curry, 44
Henry Jones, 33
Reginald Carter, 35
Earnest Johnson, 55, Manhattan, Kan.
Mercyjazz Goodridge, 25, Manhattan, Kan.
Derrick Blea, 26
Jacob Alexander, 25, Manhattan, Kan.
Scott Alexander, 25
Austin Rowzer, 26
Jerome Glaspie, 48
Taylor Hodges, 21
John Leroy Cody Deem, 28
Elizabeth Hoover, 27 Manhattan, Kan.
Nicholas Hodges, 26, Saint George, Kan.
Luke Johnson, 56
Indictment No. 4 (Seven defendants, heroin, $30,000 forfeiture)
Christopher Williams, 48, Manhattan, Kan.
Diana Moorman, 58, Manhattan, Kan.
Michael Murphy, 51, Ogden, KN.
Melissa Henderson, 36
Quinton Watts, 30
Allison Krosschell, 24, Manhattan, Kan.
Timothy Lanshaw, 26, Manhattan, Kan.
Indictment five (One defendant, firearms)
Frederick Swinson, 31
Indictment six (One defendant, heroin, fentanyl, methamphetamine, drug involved premise)
John Thompson, 59, Manhattan, Kan.
Indictment seven (Four defendants, methamphetamine, marijuana, hydrocodone, firearms, felonious use of a communication device)
Paige Jonas, 26, Manhattan, Kan.
Trevonn Hall, 20, Ogden, Kan.
Alyssa Hedmon, 28, Manhattan, Kan.
Eric Jerome Tucker, 33
Indictment eight (One defendant, firearms, methamphetamine)
Daniel Mainvlle, 35, Manhattan, Kan.
Indictment nine (One defendant, fentanyl, removal of property to prevent seizure)
Chanel Toliver, 32, Manhattan, Kan.
Indictment ten (One defendant, methamphetamine)
Damon Brown, 44, Westmoreland, Kan.
Indictment 11 (One defendant, heroin, felonious use of a communication device)
Jason Simonds, 46, Manhattan, Kan.
Indictment 12 (One defendant, felonious use of a communication device)
Jerah Gasser, 26
Indictment 13 (One defendant, firearms)
James Atkinson, 50, Manhattan, Kan.
Upon conviction, the crimes in the 13 indictments carry the following penalties:
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- Conspiracy to distribute heroin resulting in bodily injury or death (Clark, S. Calvert, M. Calvert, J. Toliver, B. Woodyard): Not less than 20 years in federal prison and a fine up to $5 million.
- Conspiracy to distribute heroin resulting in bodily injury or death (K. Obrecht): Not less than five years and not more than 40 years, and a fine up to $5 million.
- Distributing heroin resulting in bodily injury or death (B. Woodyard): Not less than 20 years and a fine up to $5 million.
- Conspiracy to distribute controlled substances: Up to 20 years and a fine up to $1 million.
- Conspiracy to distribute heroin and fentanyl: Not less than five years and not more than 40 years and a fine up to $5 million.
- Unlawful possession of a firearm in furtherance of drug trafficking: Not less than five years and a fine up to $250,000.
- Conspiracy to distribute methamphetamine: Not less than 10 years and a fine up to $10 million.
- Unlawful possession of a firearm by a felon: Up to 10 years and a fine up to $250,000.
- Maintaining a drug involved premise: Up to 20 years and a fine up to $500,000.
- Possession with intent to distribute methamphetamine: Not less than five years and not more than 40 years and a fine up to $5 million.
- Conspiracy to make a false statement to obtain a firearm: Up to five years and a fine up to $250,000.
- Using Facebook Messenger in furtherance of drug trafficking: Up to four years and a fine up to $250,000.
- Removal of property to prevent seizure: Up to five years and a fine up to $250,000.
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The case was jointly led by the Riley County Police Department and Drug Enforcement Administration, with the assistance of the Riley County Attorney’s Office, the Junction City Police Department, the Geary County Sheriff’s Department, the Kansas Highway Patrol, the FBI, the U.S. Marshals Service, the Bureau of Alcohol, Tobacco, Firearms and Explosives, the United States Postal Inspection Service, the Kansas Bureau of Investigation, the Pottawatomie County Sheriff’s Department, the Junction City Police Department.
In all cases, defendants are presumed innocent until and unless proven guilty. The indictments merely contain allegations of criminal conduct.
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