District of Kansas
Press releases recorded for this federal judicial district.
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:
-
-
- 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.
-
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.
-
Kansas Man Admits He Crashed Car into Cabela’s to Steal GunsRead the Press Release
KANSAS CITY, KAN. – A Kansas man pleaded guilty today to crashing a car into a Cabela’s store in hopes of stealing guns, U.S. Attorney Stephen McAllister said.
Kyle Mendez, 30, Kansas City, Kan., pleaded guilty to one count of conspiracy to steal guns from a licensed firearms dealer and one count of unlawful possession of a firearm by a felon. In his plea, Mendez admitted he crashed a car into an exterior door of a Cabela’s store in Kansas City, Kan. He and co-defendant Brenda Tosh, 27, Kansas City, Kan., took rifles from a firearms section and loaded them into a shopping cart. When police arrived, Mendez fled from the store while police arrested Tosh.
Mendez admitted he had a .45-caliber Taurus handgun in his car during the break-in. He was prohibited from having a gun because of a prior felony conviction.
Mendez is set for sentencing Nov. 26. Both parties have agreed to recommend a sentence of four years in prison.
Co-defendant Tosh pleaded guilty and is set for sentencing Sept. 30.
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.
Texas Man Sentenced for Traveling for Sex with Kansas TeenagerRead the Press Release
WICHITA, KAN. – A Texas man was sentenced today to 25 years in federal prison for taking a Hutchinson, Kan., girl across state lines for sex, U.S. Attorney Stephen McAllister said.
Juan Carlos Carmona, 37, Houston, Texas, pleaded guilty to one count of traveling from Texas to Kansas to have sex with a minor and one count of transporting a minor from Kansas to Texas to have sex with her.
In his plea, Carmona admitted that in mid-2017 he began communicating over the internet with a minor female. In April 2018, he traveled from Houston to Hutchinson, Kan., to meet the 15-year-old. His purpose was to obtain a hotel room and to have sex with the girl. After doing so, he returned to Houston.
In May 2018, Carmona returned to Kansas and picked up the 15-year-old girl. He transported her to Houston, where he intended to have sex with her.
McAllister commended the FBI and Assistant U.S. Attorney Jason Hart for their work on the case.
University of Kansas Researcher Indicted for Fraud for Failing to Disclose Conflict of Interest with Chinese UniversityRead the Press Release
WASHINGTON – A researcher at the University of Kansas (KU) was indicted today on federal charges of hiding the fact he was working full time for a Chinese university while doing research at KU funded by the U.S. government.
Feng “Franklin” Tao, 47, Lawrence, Kansas, an associate professor at KU’s Center for Environmentally Beneficial Catalysis (CEBC), is charged with one count of wire fraud and three counts of program fraud. He was employed since August 2014 by the CEBC, whose mission is to conduct research on sustainable technology to conserve natural resources and energy.
“Tao is alleged to have defrauded the US government by unlawfully receiving federal grant money at the same time that he was employed and paid by a Chinese research university—a fact that he hid from his university and federal agencies,” said Assistant Attorney General Demers for National Security. “Any potential conflicts of commitment by a researcher must be disclosed as required by law and university policies. The Department will continue to pursue any unlawful failure to do so.”
The indictment alleges that in May 2018 Tao signed a five-year contract with Fuzhou University in China that designated him as a Changjiang Scholar Distinguished Professor. The contract required him to be a full time employee of the Chinese university. While Tao was under contract with Fuzhou University, he was conducting research at KU that was funded through two U.S. Department of Energy contracts and four National Science Foundation contracts.
Kansas Board of Regents’ policy requires staff to file an annual conflict of interest report. In Tao’s reports to KU, he falsely claimed to have no conflicts of interest. The indictment alleges that he fraudulently received more than $37,000 in salary paid for by the Department of Energy and the National Science Foundation.
If convicted, he faces up to 20 years in federal prison and a fine up to $250,000 on the wire fraud count, and up to 10 years and a fine up to $250,000 on each of the program fraud counts.
The maximum potential sentences in this case are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendants will be determined by the assigned judge.
The University of Kansas cooperated and assisted in the FBI’s investigation. 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.
University of Kansas Researcher Indicted for Fraud for Failing to Disclose Conflict of Interest with Chinese UniversityRead the Press Release
A researcher at the University of Kansas (KU) was indicted today on federal charges of hiding the fact he was working full time for a Chinese university while doing research at KU funded by the U.S. government.
Feng “Franklin” Tao, 47, of Lawrence, Kansas, an associate professor at KU’s Center for Environmentally Beneficial Catalysis (CEBC), is charged with one count of wire fraud and three counts of program fraud. He was employed since August 2014 by the CEBC, whose mission is to conduct research on sustainable technology to conserve natural resources and energy.
“Tao is alleged to have defrauded the U.S. government by unlawfully receiving federal grant money at the same time that he was employed and paid by a Chinese research university — a fact that he hid from his university and federal agencies,” said Assistant Attorney General Demers for National Security. “Any potential conflicts of commitment by a researcher must be disclosed as required by law and university policies. The Department will continue to pursue any unlawful failure to do so.”
The indictment alleges that in May 2018 Tao signed a five-year contract with Fuzhou University in China that designated him as a Changjiang Scholar Distinguished Professor. The contract required him to be a full time employee of the Chinese university. While Tao was under contract with Fuzhou University, he was conducting research at KU that was funded through two U.S. Department of Energy contracts and four National Science Foundation contracts.
Kansas Board of Regents’ policy requires staff to file an annual conflict of interest report. In Tao’s reports to KU, he falsely claimed to have no conflicts of interest. The indictment alleges that he fraudulently received more than $37,000 in salary paid for by the Department of Energy and the National Science Foundation.
If convicted, he faces up to 20 years in federal prison and a fine up to $250,000 on the wire fraud count, and up to 10 years and a fine up to $250,000 on each of the program fraud counts.
The defendant will make his initial appearance Friday, August 23, 2019, in federal court in Kansas City, Kansas.
The maximum potential sentences in this case are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendants will be determined by the assigned judge.
The University of Kansas cooperated and assisted in the FBI’s investigation. 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.
Registered Sex Offender Goes Back to Prison for Possessing Child PornographyRead the Press Release
KANSAS CITY, KAN. – A registered sex offender from Lawrence was sentenced today to 10 years in federal prison for possessing child pornography, U.S. Attorney Stephen McAllister said. In addition, the defendant was ordered to pay $5,000 to the fund established by the Justice for Victims of Trafficking Act.
Benjamin Grace, 32, Lawrence, Kan., pleaded guilty to one count of possession of child pornography. In his plea, he admitted he was identified during an FBI investigation of a service on the internet that was involved in the production, advertisement and distribution of child pornography. After executing a search warrant at his home in Lawrence, FBI agents interviewed him at his workplace in Overland Park. He admitted viewing child pornography, including images of children as young as five years old.
At the time, Grace was listed on a Kansas Bureau of Investigation web site because of a 2008 felony conviction in Johnson County on a charge of electronic sexual solicitation of a child.
McAllister commended the FBI and Assistant U.S. Attorney Kim Flannigan for their work on the case.
Former Bank Executive Found Guilty in $15 Million Construction Loan FraudRead the Press Release
WASHINGTON – A former Kansas bank executive was found guilty by a federal jury yesterday for his participation in a bank fraud scheme to obtain a $15 million construction loan for certain bank customers based upon false and fraudulent representations. The loan was shared among 26 Kansas banks.
Assistant Attorney General Brian A. Benczkowski of the Justice Department’s Criminal Division, Special Agent in Charge Justin R. Bundy of the Federal Deposit Insurance Corporation Office of Inspector General’s (FDIC-OIG) Kansas City Regional Office, Special Agent in Charge Timothy R. Langan of the FBI’s Kansas City Field Office and Special Agent in Charge Catherine Huber of the Federal Housing Finance Agency Office of Inspector General’s (FHFA-OIG) Central Region Office made the announcement.
Troy A. Gregory, 52, of Lawrence, Kansas, was found guilty of four counts of bank fraud and two counts of false statements, as charged in a November 2017 indictment. The jury failed to reach a verdict as to one count of conspiracy. Sentencing is scheduled for Jan. 28, 2020, before U.S. District Judge Carlos Murguia of the District of Kansas, who presided over the trial.
According to the evidence submitted at trial, Gregory was a bank executive and loan officer who had made millions of dollars in loans to a group of borrowers who were struggling to make payments on the loans. Beginning in approximately late 2007, Gregory began the process of making a $15.2 million construction loan to build an apartment complex to that same group of borrowers. Gregory’s bank shared this loan with 25 other Kansas banks. Gregory made and caused others to make false statements to the banks about the strength of the borrowers, the debt status of the apartment property and the existence of approximately $1.7 million in certificates of deposit for collateral on the loan, all to get the loan approved. Instead of using the loan funds promised for building the apartments, Gregory immediately diverted over $1 million of the loan to pay for part of the certificates of deposit pledged as collateral, pay off debt on the apartment property, and make payments on unrelated loans, the evidence showed. Other Kansas banks that shared in this loan would not have participated in the loan without the false representations and promises. The banks ultimately wrote off millions of dollars on the $15.2 million construction loan, the evidence showed.
The FDIC-OIG, IRS-CI, FBI and FHFA-OIG are investigating this matter. Trial Attorney Andrew R. Tyler and Senior Litigation Counsel David A. Bybee of the Criminal Division’s Fraud Section are prosecuting the case.
Topeka Man Pleads Guilty to Driving Getaway CarRead the Press Release
TOPEKA, KAN. – A Topeka man pleaded guilty Monday to driving a getaway car during a bank robbery, U.S. Attorney Stephen McAllister said.
Justin Alexander McClelland, 32, Topeka, Kan., pleaded guilty one count of aiding and abetting bank robbery. In his plea, McClelland admitted he drove a co-defendant to a Kentucky Fried Chicken restaurant where a co-defendant committed the robbery. Then McClelland drove the co-defendant away from the robbery.
Co-defendant Joshua Musgraves, 26, Topeka, Kan., pleaded guilty to robbery and is set for sentencing Oct. 7.
McClelland is set for sentencing Nov. 5. Both parties have agreed to recommend a sentence of three years in federal prison.
McAllister commended the Topeka Police Department, the FBI and Assistant U.S. Attorney Jared Maag for their work on the case.
Indictment: Registered Sex Offender Produced, Distributed Child PornographyRead the Press Release
WICHITA, KAN. – A man from El Dorado was indicted Wednesday on charges that even though he already was a registered sex offender he produced and distributed child pornography, U.S. Attorney Stephen McAllister said.
Daniel Eric Merida, 35, El Dorado, Kan., was charged in a superseding indictment with one count of producing child pornography, two counts of committing crimes against minors while registered as a sex offender, two counts of distributing child pornography, one count of possessing child pornography, one count of sending obscene material to a minor and one count of transporting child pornography. The crimes are alleged to have occurred at various times from 2014 to 2018 in Butler County, Kan.
Upon conviction, the crimes carry the following penalties:
Producing child pornography: Not less than 25 years and not more than 50 years in federal prison and a fine up to $250,000.
Felonies involving minors while a registered sex offender: A term of 10 years, consecutive to sentences on other counts.
Distributing child pornography: Not less than five years and not more than 20 years and a fine up to $250,000.
Possessing child pornography: Not less than five years and not more than 20 years and a fine up to $250,000.
Sending obscene material to a minor: Up to 10 years and a fine up to $250,000.
Transporting child pornography: Not less than five years and not more than 20 years and a fine up to $250,000.
Homeland Security Investigations investigated. Assistant U.S. Attorney Jason Hart is prosecuting.
OTHER INDICTMENTS
Jeremy Vos, 21, Wichita, Kan., is charged with one count of bank robbery. The indictment alleges that on July 23, 2019, the defendant robbed the Intrust Bank at 5500 E. Harry in Wichita.
If convicted, he faces up to 20 years in federal prison and a fine up to $250,000. AUSA Ryan McCarty is prosecuting. The FBI investigated.
Linh Simmons, 41, Grapevine, Texas, is charged with seven counts of making false representations in order to obtain federal contracts set aside for women-owned small businesses and 14 counts of wire fraud.
If convicted, she faces up to 10 years in federal prison and a fine up to $500,000, and up to 20 years and a fine up to $250,000. The Defense Criminal Investigative Service investigated. Assistant U.S. Attorney Aaron Smith is prosecuting.
John Carl McMillan, 35, Garden City, Kan., is charged with one count of possession with intent to distribute methamphetamine. The crime is alleged to have occurred May 21, 2019, in Finney County, Kan.
If convicted, he faces a penalty of not less than five years and not more than 40 years and a fine up to $2 million. The Finney County Sheriff’s Office investigated. Special Assistant U.S. Attorney Katherine Andrusak is prosecuting.
Teresa Grant, 38, Arkansas City, Kan., is charged with one count of unlawfully receiving Social Security survivor’s benefits and two counts of making false statements to the Social Security Administration. The crimes are alleged to have occurred at various times from 2016 to 2019 in Sedgwick County, Kan.
If convicted, she faces up to 10 years in federal prison and a fine up to $250,000 on the charge of unlawfully receiving benefits, and up to five years and fine up to $250,000 on each of the other two counts. The Social Security Administration investigated. Assistant U.S. Attorney Aaron Smith investigated.
Nelson Noel Vasquez-Ponca, 34, Garden City, Kan., is charged with one count of document fraud, one count of aggravated identity theft and two counts of identity theft. The crimes are alleged to have occurred in 2017 and 2018 in Finney County, Kan.
If convicted, he faces up to 10 years in federal prison and a fine up to $250,000 on the document fraud count, a mandatory two years (consecutive) and a fine up to $250,000 on the aggravated identity theft and up to 15 years and a fine up to $250,000 on each identity theft count. The Kansas Department of Revenue 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.
Kansas Man Sentenced to 84 Years for Producing Child PornographyRead the Press Release
WASHINGTON – A Kansas man who traveled to the Philippines and had sex with minor females there was sentenced to over 84 years in prison today.
Assistant Attorney General Brian A. Benczkowski of the Justice Department’s Criminal Division and U.S. Attorney Stephen R. McAllister of the District of Kansas made the announcement.
Anthony Shultz was charged by complaint in July 2016 and pleaded guilty to three counts of producing child pornography in July 2018 before U.S. District Judge Eric F. Melgren of the District of Kansas.
According to admissions made in conjunction with the guilty plea, Shultz engaged in sex acts with minor females in the Philippines. He videotaped his sexual encounters with two minors and transported the videos to his home in Kansas. Shultz would also sell the videos online. One of the girls was only 12 years old at the time; the other was 15 years old. In one of the videos, Shultz is seen giving the 15-year-old money after having sex with her. Shultz also produced child pornography of an 8-year-old girl in the Philppines by communicating on Skype with the child’s mother and directing the mother to expose the child’s genitals and live-stream it on web camera.
The FBI investigated the case. Trial Attorney Lauren E. Britsch of the Criminal Division’s Child Exploitation and Obscenity Section (CEOS) and Assistant U.S. Attorney Jason Hart of the District of Kansas prosecuted the case.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by U.S. Attorneys’ Offices and CEOS, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc
Kansas Man Sentenced for Producing Child PornographyRead the Press Release
A Kansas man who traveled to the Philippines and had sex with minor females there was sentenced to over 84 years in prison today.
Assistant Attorney General Brian A. Benczkowski of the Justice Department’s Criminal Division and U.S. Attorney Stephen R. McAllister of the District of Kansas made the announcement.
Anthony Shultz was charged by complaint in July 2016 and pleaded guilty to three counts of producing child pornography in July 2018 before U.S. District Judge Eric F. Melgren of the District of Kansas.
According to admissions made in conjunction with the guilty plea, Shultz engaged in sex acts with minor females in the Philippines. He videotaped his sexual encounters with two minors and transported the videos to his home in Kansas. Shultz would also sell the videos online. One of the girls was only 12 years old at the time; the other was 15 years old. In one of the videos, Shultz is seen giving the 15-year-old money after having sex with her. Shultz also produced child pornography of an 8-year-old girl in the Philppines by communicating on Skype with the child’s mother and directing the mother to expose the child’s genitals and live-stream it on web camera.
The FBI investigated the case. Trial Attorney Lauren E. Britsch of the Criminal Division’s Child Exploitation and Obscenity Section (CEOS) and Assistant U.S. Attorney Jason Hart of the District of Kansas prosecuted the case.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by U.S. Attorneys’ Offices and CEOS, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
Hays Woman Sentenced for Mail Fraud in Dispute OverRead the Press Release
WICHITA, KAN. – A Kansas woman was sentenced today to a year of supervised probation for mail fraud in a scheme to make it appear her employer left her half his estate when he died, U.S. Attorney Stephen McAllister said. In addition, she was ordered to make monthly payments of $100 to Fort Hays State University during her probation.
Wanda Oborny, 66, Hays, Kan., pleaded guilty to one count of mail fraud. In her plea, she admitted that in 2013 she mailed a fraudulent purported codicil to Kansas banker Earl O. Field’s will to Ft. Hays State University. The document falsely claimed Field had left a fourth of his estate to the university, a fourth to his lawyer and half to Oborny. In fact, Field left the majority of the estate to the university.
McAllister commended the FBI, Assistant U.S. Attorney Annette Gurney and Assistant U.S. Attorney Debra Barnett for their work on the case.
Salina Pharmacist Sentenced for Diverting Rx DrugsRead the Press Release
WICHITA, KAN. – A Salina pharmacist was sentenced today to serve 36 months on probation -- including 18 months house arrest -- for diverting prescription drugs containing opioids, U.S. Attorney Stephen McAllister said. Her husband, who received the drugs from her, got the same sentence.
Kirsty C. Hartley, 29, Salina, Kan., pleaded guilty to one count of distributing a prescription painkiller outside the usual course of professional practice without a legitimate medical reason. Co-defendant Dalton R. Hartley, 29, Salina, Kan., pleaded guilty one count of acquiring controlled substances through fraud.
Kirsty Hartley admitted she unlawfully distributed approximately 21,289 tablets of hydrocodone with acetaminophen while working at a CVS Pharmacy in Salina. She gave the pills to her husband for him to consume or trade to others for marijuana.
In her plea agreement, Kirsty Hartley agreed to surrender her pharmacist’s license. Both defendants agreed to perform 200 hours of community service.
McAllister commended the Salina Police Department, the Drug Enforcement Administration and Assistant U.S. Attorney Mona Furst for their work on the case.
Sumner County Man Sentenced for Impersonating an FBI AgentRead the Press Release
WICHITA, KAN. – A Sumner County man was sentenced today to serve a year on probation and pay a $1,000 fine for trying to get out of a traffic ticket by pretending to be an FBI agent, U.S. Attorney Stephen McAllister said.
Jarrod M. Andra, 36, Milan, Kan., pleaded guilty to one count of impersonating an agent. In his plea, he admitted that on Nov. 30, 2018, he was stopped for speeding in Sumner County by a Sumner County Sheriff’s Deputy. Andra claimed he was a special agent for the FBI and presented what appeared to be an FBI identification card with his photo.
McAllister commended the FBI, the Sumner County Sheriff’s Department and Assistant U.S. Attorney Lanny Welch for their work on the case.
Indictment: Five Pounds of Heroin Was Headed for Kansas CityRead the Press Release
KANSAS CITY, KAN. – A man from Mexico was indicted here today on federal charges of heroin trafficking, U.S. Attorney Stephen McAllister said.
Orlando Alexis Gaxiola-Guevara, 23, a citizen of Mexico, is charged with one count of possession with intent to distribute heroin. On June 26, 2019, the defendant was a passenger in a 2008 Ford Fusion eastbound on I-70 when a deputy with the Logan County Sheriff’s Office stopped the car. According to court documents, investigators found approximately five pounds of black tar heroin and brown powder heroin hidden in the quarter panels of the car.
If convicted, the defendant faces a penalty of not less than 10 years in federal prison and a fine up to $10 million. The Logan County Sheriff’s Office, the Kansas Highway Patrol and the Drug Enforcement Administration investigated. Special Assistant U.S. Attorney Michelle McFarlane is prosecuting.
OTHER INDICTMENTS
Asenath Roland, 43, Kansas City, Kan., former president of the Kansas Postal Workers Union, is charged with stealing more than $4,700 that belonged to the union. The crime is alleged to have occurred in May and June 2017 in Wyandotte County, Kan.
If convicted, she faces up to five years in federal prison and a fine up to $250,000. The Department of Labor – Office of Inspector General investigated. Assistant U.S. Attorney Leon Patton is prosecuting.
Mark D. Young, 27, is charged with one count of escaping from the custody of the U.S. Bureau of Prisons. A criminal complaint filed earlier shows he was serving the latter part of a sentence at a residential re-entry center in Leavenworth and failed to return on July 10, 2019, after leaving on a work pass.
If convicted, he faces 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.
Richey Farmer, 26, is charged with one count of escaping from federal custody at the Grossman Community Corrections Center in Leavenworth. The crime is alleged to have occurred May 9, 2019.
If convicted, he faces up to five years in federal prison and a fine up to $250,000. The U.S. Marshals Service investigated. Assistant U.S. Attorney Jabari Wamble is prosecuting.
Christopher Lee Cowan, Sr., 47, is charged in a superseding indictment with unlawful possession of a firearm by a convicted felon. The crime is alleged to have occurred Feb. 3, 2019, in Shawnee County, Kan.
If convicted, he faces 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 Greg Hough is prosecuting.
Samantha Jo Case, 27, Wichita, Kan., and Robert Lee Forgie, 28, Wichita, Kan., each are charged with 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 July 23, 2019, in Sedgwick County, Kan.
If convicted, they face a penalty of not less than five years and not more than 40 years on the drug charge and not less than five years on the gun charge. The Sedgwick County Sheriff’s Office investigated. Special Assistant U.S. Attorney Katherine Andrusak is prosecuting.
In all cases, defendants are presumed innocent until and unless proven guilty. The indictments merely contain allegations of criminal conduct.
Jury Verdict: Lawrence Developer Violated Asbestos Disposal LawsRead the Press Release
TOPEKA, KAN. – A jury today found a Lawrence developer guilty on charges of disposing of asbestos in violation of the Clean Air Act.
Thomas S. Fritzel, 53, Lawrence, Kan., was convicted on the following counts:
- Failing to notify authorities before removing asbestos (count two).
- Failing to keep asbestos wet during demolition to prevent air contamination (count three).
- Failing to dispose of asbestos in leak-tight containers (count four).
During trial, the government presented evidence that Fritzel violated federal laws for handling asbestos during demolition and renovations at the Alvamar Country Club in Lawrence. The government presented evidence to show that Fritzel knew that the roof of the country club contained 75 percent chrysotile asbestos. The previous owners, who sold the club to Fritzel in January 2016, had decided not to replace the roof because of the cost of abating the asbestos.
On October 19, 2016, the Kansas Department of Health and Environment told Fritzel to get a licensed asbestos contractor to remove asbestos from the site and dispose of it properly. On Oct. 25, 2016, KDHE inspected the site and determined asbestos debris had been removed and hauled to Hamm Landfill in Perry, Kan., which is not approved for asbestos disposal.
Sentencing will be set for a later date. He faces a penalty of up to two years in federal prison and a fine up to $250,000 on count two and up to five years and a fine up to $250,000 on counts three and four. First Assistant U.S. Attorney Duston Slinkard commended the Environmental Protection Agency – Criminal Investigation Division and Assistant U.S. Attorney Richard Hathaway for their work on the case.
Wichita Man Pleads Guilty to Threatening Operation Rescue workerRead the Press Release
WICHITA, KAN. – A Wichita man pleaded guilty today to 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.
Sentencing is set for Oct. 15. He faces a penalty of up to 20 years in federal prison and a fine up to $250,000. McAllister commended the FBI, the Wichita Police Department and Assistant U.S. Attorney Ryan McCarty for their work on the case.
Dodge City Tax Preparer Pleads Guilty to Filing False Tax ReturnsRead the Press Release
WICHITA, KAN. – A tax preparer in Dodge City pleaded guilty today to filing false income tax returns, U.S. Attorney Stephen McAllister said.
Maria R. Garcia, 48, Dodge City, Kan., pleaded guilty to one count of preparing tax returns containing false statements. In her plea, she admitted preparing numerous tax returns for tax years 2013, 2014 and 2015 that contained false statements. As a result, her clients received refunds in excess of what they were owed. The total loss to the Internal Revenue Service was more than $101,700.
The plea agreement calls for Garcia to pay the full amount in restitution and to be permanently prohibited from working as a tax preparer.
Sentencing is set for Oct. 15. She faces a penalty of up to three years in federal prison and a fine up to $100,000. McAllister commended the Internal Revenue Service and Assistant U.S. Attorney Mona Furst for their work on the case.
Kansas Priest Pleads Guilty to Possessing Child PornographyRead the Press Release
KANSAS CITY, KAN. – A Kansas priest pleaded guilty in federal court here today to possessing child pornography, U.S. Attorney Stephen McAllister said.
In his plea, Christopher Rossman, 46, who formerly served at the Annunciation Catholic Church in Baldwin City, Kan., admitted that investigators found child pornography on his Samsung Galaxy tablet. The crime occurred in September 2016 when monitoring software installed on Rossman’s computer devices reported he had visited adult pornography and child pornography websites. The archdiocese forwarded the report to law enforcement.
When investigators tried to find Rossman in Baldwin City, they learned that his sister had taken possession of the Galaxy tablet and tried to run over it a number of times. A forensics examination found files on the device depicting prepubescent females engaged in sexual activities.
Sentencing will scheduled at a later date. The crime carries a penalty of up to 10 years in federal prison and a fine up to $250,000. U.S. Attorney Stephen McAllister commended FBI task force agent Angie Jones for her work on the case and the Archdiocese for it its cooperation. McAllister and Assistant U.S. Attorney David Zabel are prosecuting.
Indictments: Postal Employees Stole from MailRead the Press Release
TOPEKA, KAN. – A grand jury today returned indictments against two Kansas postal employees charged in separate cases with stealing mail, U.S. Attorney Stephen McAllister said.
Stacy A. Vasko, 31, Salina, Kan., was charged with two counts of theft by a postal employee. The indictment alleged she stole gift cards from the mail. The crimes were alleged to have occurred in February and April 2019 in Brookville, Kan.
In a separate case, Timothy J. Pacha, 28, Herkimer, Kan., was charged with one count of stealing mail and one count of destroying or detaining mail. The crimes are alleged to have occurred from January to April 2019 in Marysville, Kan.
If convicted, the defendants 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 Christine Kenney is prosecuting.
OTHER INDICTMENTS
Illya Tyler, 53, Indianapolis, Ind., is charged with one count of possession with intent to distribute methamphetamine. The crime is alleged to have occurred July 11, 2019, in Wyandotte County, Kan.
If convicted, he faces not less than 10 years in federal prison and a fine up to $10 million. The Drug Enforcement Administration investigated. U.S. Attorney Stephen McAllister and Special Assistant U.S. Attorney Michelle McFarlane are prosecuting.
In all cases, defendants are presumed innocent until and unless proven guilty. The indictments merely contain allegations of criminal conduct.
Leavenworth Man Sentenced for Armed Bank RobberyRead the Press Release
KANSAS CITY, KAN. – A Leavenworth man was sentenced today to 154 months in federal prison for armed bank robbery, U.S. Attorney Stephen McAllister said.
Damon Hammeke, 26, Leavenworth, Kan., pleaded guilty to one count of armed bank robbery and one count of brandishing a firearm during a robbery. In his plea, he admitted that on Nov. 21, 2017, he robbed the Country Club Bank at 2310 South 4th Street in Leavenworth. He entered the bank wearing a white jacket and black mask and carrying a handgun. He left the bank with money.
Two days later, an officer in Tonganoxie attempted to stop him for a traffic offense. Hammeke fled, leading police on a high-speed chase through Tonganoxie, Basehor, Lansing, Leavenworth, Platte County, Mo., and Kansas City, Kan., before they were able to stop him.
McAllister commended the FBI, the Tonganoxie Police Department, the Kansas Highway Patrol, the Platte County, Mo., Sheriff’s Department, the Kansas City, Kan., Police Department and Assistant U.S. Attorney Jabari Wamble for their work on the case.
Justice Department Launches National Public Safety Partnership with Wichita Police DepartmentRead the Press Release
WICHITA, KS - Today, officials from the Department of Justice's Bureau of Justice Assistance, the United States Attorney's Office's, District of Kansas, the Wichita Police Department and other city, state and federal law enforcement agencies convened in Wichita to initiate the National Public Safety Partnership (PSP) program with the Wichita Police Department. This Justice Department program is a three-year engagement that seeks to leverage department assets in support of a local jurisdictions' commitment to drive down violent crime.
On June 3, 2019, Attorney General William Barr announced the selection of the Wichita Police Department as one of ten FY 2019 PSP sites where the Justice Department will work collaboratively to provide training and technical assistance in areas such as crime analytics, emerging technology and community engagement.
Since 2017, the Justice Department has directed nearly $14.9 million in customized training and technical assistance to help build crime fighting capacity in PSP sites, including $6.6 million to support the FY 2019 sites through FY 2022. PSP seeks to bring law enforcement stakeholders together to work collaboratively in reducing violent crime attributed to felonious firearm use, drug trafficking and human trafficking.
“Today our team is on-site in Wichita to collaborate with local law enforcement officials in their mission to improve public safety and drive down violent crime,” said Jon Adler, Director of the Bureau of Justice Assistance. "Through the Public Safety Partnership, we are committed to fulfilling the Attorney General's priority of supporting local law enforcement combat violent gangs, felonious firearms use and drug trafficking," added Adler.
“This program will be emphasizing new technology that will help analyze local crime trends, identify hotspots and rapidly process crime scene data,” U.S. Attorney McAllister said. “Just as important, we’re going to draw on new ideas and best practices from a national network of major cities that are members of the Public Safety Partnership.”
“The WPD is excited to embrace this opportunity to more effectively address violent crime,” WPD Chief Gordon Ramsay said. “This opportunity allows us to further partner with our federal law partners and improve our community.”
Since 2017, the Justice Department has worked with more than 30 local jurisdictions under the nationwide PSP program. Many participating cities have already seen dramatic reductions in violent crime. New Orleans ended 2018 with 146 murders, the lowest number of murders since the early 1970s. In Milwaukee, homicides declined in 2018 for a third straight year after hitting a deadly peak in 2015.
Agencies in attendance at this meeting will include the U.S. Attorney’s Office, District of Kansas; the Office of Justice Programs; the Federal Bureau of Investigation; the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives; the U.S. Marshals Service; the U.S. Drug Enforcement Administration; the Wichita Police Department; the Sedgwick County District Attorney’s Office; Mayor Jeff Longwell’s Office; the Sedgwick County Sheriff’s Office, Wichita Municipal Court and the Kansas Bureau of Investigation,
For more information about PSP, visit https://www.nationalpublicsafetypartnership.org.
Guilty Verdicts: Wichita Pharmacist Unlawfully Distributed Rx DrugsRead the Press Release
WICHITA, KAN. – A federal jury found a Wichita-area pharmacist guilty today on charges of unlawfully dispensing opioid prescription drugs, U.S. Attorney Stephen McAllister said.
Ebube Otuonye, 46, Bel Aire, Kan., was convicted on the following counts:
Conspiracy to unlawfully distribute prescription drugs (count one).
Unlawfully distributing prescription drugs (count two).
Health care fraud (counts three and four).
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, 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.
Sentencing is set for Oct. 23. Counts one and two carry a penalty of up to 20 years in federal prison and a fine up to $1 million. Counts three and four carry a penalty of up to 10 years and a fine up to $250,000.
McAllister commended the Drug Enforcement Administration, the Overland Park Police Department, the Newton Police Department, the Sedgwick County Sheriff's Office, the Lee's Summit Police Department, the Johnson County Sheriff's Office, the U.S. Department of Health and Human Services, Assistant U.S. Attorney Mona Furst, Assistant U.S. Attorney Jason Hart, Assistant U.S. Attorney Ryan McCarty, and Special Assistant U.S. Attorney Katherine Andrusdak for their work on the case.
Kansas City, Missouri, Woman Sentenced to Prison for Wire Fraud and Using Stolen Identities to File False Tax ReturnsRead the Press Release
A Kansas City, Missouri, woman was sentenced to prison today for wire fraud and aggravated identity theft related to the filing of false tax returns announced Principal Deputy Assistant Attorney General Richard E. Zuckerman of the Justice Department’s Tax Division and U.S. Attorney Stephen R. McAllister for the District of Kansas.
U.S. District Court Judge Carlos Murguia of the District of Kansas sentenced Antoinette Winston, also known as Tweety, to 34 months in prison and ordered her to pay $165,392.48 in restitution to the Internal Revenue Service (IRS). On Aug. 21, 2018, Winston pleaded guilty to one count of wire fraud and one count of aggravated identity theft.
According to documents filed with the court, from 2012 to May 2015, Winston stole and used personal identifying information, including names and social security numbers of other individuals in order to file fraudulent income tax returns requesting refunds from the IRS. Winston also used this information to obtain pre-paid debit cards in the names of these individuals, and directed the IRS to pay the fraudulent refunds to these pre-paid debit cards. After the IRS deposited the refunds on the pre-paid debit cards, Winston used the cards to withdraw cash at banks and retail stores. The intended tax loss to the IRS from Winston’s scheme was more than $250,000.
Principal Deputy Assistant Attorney General Zuckerman and U.S. Attorney McAllister commended special agents of IRS-Criminal Investigation, who conducted the investigation, and Assistant U.S. Attorney Scott Rask and Assistant Chief Matthew J. Kluge of the Tax Division, who prosecuted the case.
Additional information about the Tax Division and its enforcement efforts may be found on the division’s website.
Kansas City Woman Sentenced for Wire Fraud and Using Stolen Identities to File False Tax ReturnsRead the Press Release
WASHINGTON – A Kansas City, Missouri, woman was sentenced to prison today for wire fraud and aggravated identity theft related to the filing of false tax returns announced Principal Deputy Assistant Attorney General Richard E. Zuckerman of the Justice Department’s Tax Division and U.S. Attorney Stephen R. McAllister for the District of Kansas.
U.S. District Court Judge Carlos Murguia of the District of Kansas sentenced Antoinette Winston, also known as Tweety, to 34 months in prison and ordered her to pay $165,392.48 in restitution to the Internal Revenue Service (IRS). On Aug. 21, 2018, Winston pleaded guilty to one count of wire fraud and one count of aggravated identity theft.
According to documents filed with the court, from 2012 to May 2015, Winston stole and used personal identifying information, including names and social security numbers of other individuals in order to file fraudulent income tax returns requesting refunds from the IRS. Winston also used this information to obtain pre-paid debit cards in the names of these individuals, and directed the IRS to pay the fraudulent refunds to these pre-paid debit cards. After the IRS deposited the refunds on the pre-paid debit cards, Winston used the cards to withdraw cash at banks and retail stores. The intended tax loss to the IRS from Winston’s scheme was more than $250,000.
Principal Deputy Assistant Attorney General Zuckerman and U.S. Attorney McAllister commended special agents of IRS-Criminal Investigation, who conducted the investigation, and Assistant U.S. Attorney Scott Rask and Assistant Chief Matthew J. Kluge of the Tax Division, who prosecuted the case.
Additional information about the Tax Division and its enforcement efforts may be found on the division’s website.
Indictment: Guns and Drugs Were in Defendant’s GarageRead the Press Release
WICHITA, KAN. – A Wichita man was indicted today on a federal firearm charge, U.S. Attorney Stephen McAllister said.
Andrew Patrick Rizzo, 26, Wichita, Kan., is charged with one count of unlawful possession of a firearm in furtherance of drug trafficking. The crime is alleged to have occurred July 11, 2019, in Wichita.
According to court records, investigators served a search warrant at Rizzo’s home in the 4800 block of east Gilbert. They found methamphetamine, heroin, marijuana, a digital scale and pipes for smoking narcotics. They also found a 9 mm Smith & Wesson handgun that had been reported stolen and a bulletproof vest.
If convicted, Rizzo could face a penalty of not less than five years in federal prison. The Sedgwick County Sheriff’s Office investigated. Special Assistant U.S. Attorney Katherine Andrusak is prosecuting.
OTHER INDICTMENTS
Fernando Campos-Zubia, who is not a citizen of the United States, is charged with one count of unlawfully re-entering the United States after being deported. If convicted he faces up to two years in federal prison and a fine up to $250,000. Immigration and Customs Enforcement investigated. Assistant U.S. Attorney Scott Rask is prosecuting.
Bruce L. Hay, 50, Osawatomie, Kan., is charged with four counts of theft of public money. The indictment alleges Hay made false claims in order to receive disability payments from the Department of Veterans Affairs Compensation and Pension Benefits. The crimes are alleged to have occurred in 2016 and 2017 in Miami, Kan.
If convicted, he could face up to 10 years in federal prison and a fine up to $250,000. The Veterans Administration – Office of Inspector General investigated. Assistant U.S. Attorney Tris Hunt is prosecuting.
Deonte L. Jordan, 20, Wichita, Kan., is charged with one count of unlawful possession of a firearm by a convicted felon. The crime is alleged to have occurred July 4, 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 Wichita Police Department investigated. Assistant U.S. Attorney Ryan McCarty is prosecuting.
In all cases, defendants are presumed innocent until and unless proven guilty. The indictments merely contain allegations of criminal conduct.
Kansas Woman Admits She and Co-defendant Crashed Car into Cabela’s to Steal GunsRead the Press Release
KANSAS CITY, KAN. – A Kansas City, Kan., woman pleaded guilty in federal court today to her role in crashing a car into a Cabela’s store to steal guns, U.S. Attorney Stephen McAllister said.
Brenda Tosh, 27, 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.
Tosh is set for sentencing Sept. 30. Both parties have agreed to recommend a sentence of a year and a day in federal prison.
Co-defendant Kyle Mendez, 29, Kansas City, Kan., is scheduled for a change of plea hearing Aug. 19.
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.
Kansas Chiropractors Pay $350,000 to Settle False Claim AllegationsRead the Press Release
KANSAS CITY, KAN. - Two Kansas City area chiropractors have paid $350,000 to settle allegations that they submitted false claims to Medicare, U.S. Attorney Steven McAllister said today.
Brothers Ryan Schell and Tyler Schell, and their former clinic, Kansas City Health and Wellness Clinic, P.A., agreed to pay the United States to settle allegations that they violated the False Claims Act. The Schells’ clinic was located in Lenexa, Kansas.
In an action filed in federal court in Kansas, the United States alleged that the Schells claimed they provided treatments for peripheral neuropathy and charged Medicare for procedures that were not medically necessary, not actually provided, or not covered by the program. Peripheral neuropathy affects nerves in the hands and feet and includes symptoms such loss of sensation and/or a burning sensation.
The claimed procedures included nerve conduction tests, nerve block injections, ultrasound needle guidance and the purported use of vasopneumatic devices. The complaint filed by the United States alleged that claims for the nerve tests falsely stated that they were performed by doctors when they were not actually interpreted by any qualified health care professional; that the nerve block injections and needle guidance were not medically necessary; and that the Schells’ claims for the vasopneumatic devices were instead merely for the use of mechanical massage chairs.
Brian Holt, Acting Special Agent in Charge, U.S. Department of Health and Human Services, Office of Inspector General, Office of Investigations (HHS OIG/OI), Kansas City Region, stated, “Our office will continue to focus our efforts on those providers receiving improper payments for services not covered by Medicare in order to ensure the integrity of HHS programs.”
According to the agreement, the Schells and their clinic deny any wrongdoing.
The federal district court case is United States v. Schell et al. No. 18-CV-02706. HHS OIG/OI and the United States Attorney’s Office for the District of Kansas investigated. Assistant United States Attorney Jon Fleenor represented the government.
Jury Finds Defendants Guilty in KCK Meth Lab FireRead the Press Release
KANSAS CITY, KAN. – A federal court jury today returned guilty verdicts against two defendants who were arrested after their meth lab caught fire, U.S. Attorney Stephen McAllister said.
The jury verdict was as follows:
Orlando Cortez-Nieto, 42, Kansas City, Kan.: Guilty on count one (conspiracy to manufacture methamphetamine), count two (manufacturing methamphetamine within 1,000 feet of Klamm Park playground), count three (possession with intention to distribute methamphetamine within 1,000 feet of Klamm Park playground) and count four (maintaining a residence in furtherance of drug trafficking.
Jesus Cervantes-Aguiler, 22, Kansas City, Kan.: Guilty on count one (conspiracy to manufacture methamphetamine), count two (manufacturing methamphetamine within 1,000 feet of Klamm Park playground, count three (possession with intention to distribute methamphetamine within 1,000 feet of Klamm Park playground and count four (maintaining a residence in furtherance of drug trafficking.
During trial, prosecutors presented evidence that on Dec. 1, 2017, firefighters responded to a house fire at 2739 Cleveland in Kansas City, Kan. They discovered a methamphetamine conversion lab inside the house. Prosecutors introduced evidence tying the defendants to the drug lab, including a blue spiral notebook in which cash transactions were recorded, as well as business surveillance video showing a defending buying items found in the meth lab.
Sentencing is set for Oct. 29. The counts on which the defendants were convicted carry the following penalties:
- Counts one, two and three (conspiracy, manufacturing and possession with intent to distribute): Not less than 10 years in federal prison and a fine up to $20 million.
- Count four: Maintaining a residence in furtherance of drug trafficking: Not less than a year and not more than 40 years and a fine up to $1 million.
McAllister commended the Drug Enforcement Administration, Assistant U.S. Attorney Kim Flannigan and Assistant U.S. Attorney Trent Krug for their work on the case.
Methamphetamine Was Hidden in Child Booster SeatsRead the Press Release
TOPEKA, KAN. – A man from Mexico was sentenced today to 51 months in federal prison after a state trooper found 15 pounds of crystal methamphetamine hidden in child booster seats and other locations in his car, U.S. Attorney Stephen McAllister said.
Israel Felix Garcia, 32, was a passenger in a car driven by his girlfriend when the Kansas Highway Patrol stopped the car on I-70 at milepost 341 in Wabaunsee County, Kan. A trooper found five plastic wrapped bundles of crystal methamphetamine in two booster seats in the car. He found more bundles hidden under the rear window deck, bringing the total to 15 pounds. Garcia told investigators he was being paid $400 per bundle to drive the drugs from California to Topeka, Kan. He said his girlfriend and two children in the car did not know about the methamphetamine.
McAllister commended the Kansas Highway Patrol, the Drug Enforcement Administration and Assistant U.S. Attorney Stephen Hunting for their work on the case.
Larned Man Sentenced for Attacks on Internet Service ProviderRead the Press Release
WICHITA, KAN. – A Larned man was sentenced today to 27 months in federal prison for causing a series of denial of service attacks on a Kansas internet service provider, U.S. Attorney Stephen McAllister said.
In April, a jury convicted Michael D. Golightley, 35, Larned, Kan., on seven counts of damaging a protected computer and one count of threatening to damage a protected computer.
During trial, prosecutors presented evidence that Golightley contacted an entity called DDosCity to arrange for a series of attacks on Nex-Tech’s computers.
Nex-Tech is an internet service provider with offices in Hays, Lenora, Beloit, Concordia, Courtland, Dodge City, Downs, Great Bend, Hill City, Hoxie, McPherson, Norton, Osborne, Phillipsburg, Plainville, Quinter, Russell, Salina, Smith Center, Stockton and WaKeeney.
Prosecutors presented evidence that on March 30 and 31, 2017, Nex-Tech was hit by three denial of service attacks that overloaded the company’s servers.
Before the attacks, Golightley sent Nex-Tech two threats. He was angry about the company removing an ad he placed on Nex-Tech Classifieds for a PlayStation 3 game that been “jail broken,” or modified to bypass a system security check. Golightley placed the ad a second time and sent Nex-Tech a warning that he would “violate this site by bringing it offline” if the ad were removed again. He added: “If u make me upset, I will retaliate -- your choice.”
McAllister commended the FBI, Assistant U.S. Attorney Alan Metzger and Assistant U.S. Attorney Ryan McCarty for their work on the case.
Massage Parlor Owner Sentenced on Federal Conspiracy ChargeRead the Press Release
TOPEKA, KAN. – A woman who operated massage parlors in Lawrence and Topeka was sentenced today to three years on federal probation for operating a prostitution business, U.S. Attorney Stephen McAllister said. In addition, the defendant agreed to pay a $650,000 judgement, which represents the proceeds of the crime.
Weiling Nielsen, 54, pleaded guilty to one count of conspiracy. Nielsen owned and operated Naima Asian Massage and Serenity Health Spa in Lawrence, as well as Jasmine Massage in Topeka. In her plea, she admitted the massage parlors provided sexual services to customers for payment in cash. Nielsen and others advertised the services on the internet. Nielsen and her husband deposited cash into various bank accounts and purchased money orders for deposit in bank accounts in California.
McAllister commended the FBI, the Douglas County Sheriff’s Office, the Topeka Police Department, the Salina Police Department and Assistant U.S. Attorney Christine Kenney for their work on the case.