District of Kansas
Press releases recorded for this federal judicial district.
Indictment: Topeka Man Robbed Two Cash Loan StoresRead the Press Release
TOPEKA, KAN. – A Topeka man was indicted today on charges of robbing two cash loan stores, U.S. Attorney Stephen McAllister said.
Derick Renee Crawford, 29, Topeka, Kan., was charged with two counts of commercial robbery. The indictment alleges Crawford committed the following robberies:
Advance America, 2232 Louisiana Street, Lawrence, Kan., Feb. 21, 2019.
Advance America, 1947 Northwest Topeka Blvd., Topeka, Kan., March 29, 2019.
If convicted, Crawford faces a penalty of up to 20 years in federal prison and a fine up to $250,000. The FBI and the Topeka Police Department investigated. Assistant U.S. Attorney Jared Maag is prosecuting.
OTHER INDICTMENTS
Tapoleon B. Hendricks, 24, Topeka, Kan., is charged with one count of unlawful possession of a firearm by a convicted felon. The crime is alleged to have occurred June 14, 2019 in Topeka, Kan.
If convicted, Hendricks faces a penalty of up to 10 years in federal prison and a fine up to $250,000. The FBI and the Topeka Police Department 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.
Former Credit Union President Sentenced for EmbezzlementRead the Press Release
TOPEKA, KAN. – A former president of a credit union in Topeka was sentenced today to three years on supervised release, said U.S. Attorney Stephen McAllister. In addition, the defendant agreed to pay approximately $39,895 in restitution.
Connie Marie Kent, 52, Topeka, Kan., pleaded guilty to one count of theft from a credit union. In her plea, she admitted the crime occurred while she was an officer and employee of 1st Kansas Credit Union, formerly the Post Office Credit Union. Membership in the credit union was limited to government employees.
McAllister commended the Topeka Police Department and Assistant U.S. Attorney Rich Hathaway for their work on the case.
Wichita Woman Pleads Guilty to Four Commercial RobberiesRead the Press Release
WICHITA, KAN. – A Wichita woman pleaded guilty Wednesday to four commercial robberies, U.S. Attorney Stephen McAllister said.
Savannah Cole, 21, 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
Sentencing is set for Sept. 16. She 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 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.
Wichita Man Sentenced for 27 Pounds of MethRead the Press Release
WICHITA, KAN. – A Wichita man was sentenced Monday to 15 years in federal prison for trafficking in methamphetamine, U.S. Attorney Stephen McAllister said.
Daniel C. Nicholson, 54, Wichita, Kan., pleaded guilty to one count of conspiracy to distribute methamphetamine. In his plea, he admitted he bought pound quantities of methamphetamine outside Kansas and used a network of subordinates to store and distribute the drugs in Wichita.
Investigators found 27 pounds of methamphetamine when they served a search warrant at Nicholson’s home in the 11000 block of east Lewis in Wichita. They also found $31,952 in cash.
McAllister commended the Sedgwick County Sheriff’s Office, the Drug Enforcement Administration, Assistant U.S. Attorney Lanny Welch and Assistant U.S. Attorney David Lind for their work on the case.
Wichita Man Pleads Guilty to Four Commercial RobberiesRead the Press Release
WICHITA, KAN. – A Wichita man pleaded guilty Wednesday to four commercial robberies, 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, 21, Wichita, Kan., is scheduled for a change of plea hearing June 24, 2019.
Cade is set for sentencing Sept. 6. Both parties have agreed to recommend Cade receive a sentence in a range from 144 months to 170 months 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.
Junction City Woman Sentenced for Possessing Child PornRead the Press Release
TOPEKA, KAN. – A Junction City woman was sentenced today to five years in federal prison for possession of child pornography, U.S. Attorney Stephen McAllister said.
Kayla Michelle Simpson, 24, Junction City, Kan., pleaded guilty to one count of possessing child pornography. On Sept. 20, 2016, law enforcement seized Simpson’s iPhone. In her plea, Simpson admitted that her phone contained images of her having sex with a juvenile female.
McAllister commended the FBI and Assistant U.S. Attorney Christine Kenney for their work on the case. The case was prosecuted as part of the Justice Department’s Project Safe Childhood initiative.
Wichita Woman Sentenced for Sex Trafficking of a MinorRead the Press Release
WICHITA, KAN. – A Wichita woman was sentenced today to 14 years in federal prison for sex trafficking of a 16-year-old girl, U.S. Attorney Stephen McAllister said.
Brittany D. Knighton-Harris, 31, Wichita, Kan., pleaded guilty to one count of sex trafficking. In her plea, Knighton-Harris admitted she recruited the girl and made arrangements for her to perform sex acts for money in Wichita and later in Topeka. The defendant posted notices on an adult web site advertising the girl’s services.
McAllister commended the FBI and Assistant U.S. Attorney Jason Hart for their work on the case.
Indictment: Texas Woman Arrested in Kansas with More than 4 Pounds of CocaineRead the Press Release
WICHITA, KAN. – A Texas woman who was arrested on a highway in Meade County, Kan., was indicted today on drug trafficking charges, U.S. Attorney Stephen McAllister said.
Dora Elizabeth Arteaga, 42, Houston, Texas, was charged with one count of possession with intent to distribute cocaine. A Kansas Highway Patrol trooper stopped Arteaga April 14, 2019, near Plains, Kan. The indictment alleges officers found approximately 4.4 pounds of cocaine in a bag behind the driver’s seat.
If convicted, Arteaga will face a penalty of no less than five years and no more than 40 years in federal prison and a fine up to $5 million. The Kansas Highway Patrol and the Drug Enforcement Administration investigated. Assistant U.S. Attorney Mona Furst is prosecuting.
OTHER INDICTMENTS
Edison Javier Olivera de la Cruz, 23, Emporia, Kan., is charged with one count of misusing a Social Security number and one count of aggravated identity theft. The indictment alleges he applied for a Kansas driver’s license using a stolen Social Security number. The crimes are alleged to have occurred Feb. 15, 2017, in Lyons County, Kan.
If convicted, he faces up to five years in federal prison and a fine up to $250,000 on the Social Security charge and a mandatory two years (consecutive) on the identity theft charge. The Kansas Department of Revenue investigated. Assistant U.S. Attorney Aaron Smith is prosecuting.
Nyron J. Bowen, 29, Wichita, Kan., is charged with one count of bank fraud. The indictment alleges he deposited counterfeit checks at Emprise Bank and withdrew funds. The crimes are alleged to have occurred in 2016 in Wichita, Kan.
If convicted, he faces up to 30 years in federal prison and a fine up to $1 million. 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.
Defendant Forfeiting more than $1 Million and Pleading Guilty to Gambling ChargeRead the Press Release
WICHITA, KAN. - Wichita business owner Brandon Steven pleaded guilty today to a federal gambling charge and agreed to forfeit more than $1 million, U.S. Attorney Stephen McAllister said. He was sentenced to three years probation and ordered to perform 200 hours of community service.
Steven, 45, Wichita, Kan., pleaded guilty to one count of being an accessory after the fact to the unlawful transmission of wagering information. In his plea, Steven admitted he acted in cooperation with co-defendant Daven Flax, who was conducting illegal private poker games. Participants were notified via text messaging about the games. The texts also contained information about payments or collections of money. After games, Steven concealed the involvement of Flax and others by hiding handwritten ledgers or computerized records detailing gambling credits, earnings and obligations of the gambling business.
McAllister commended the FBI, the Internal Revenue Service, Assistant U.S. Attorney Mona Furst and Assistant U.S. Attorney Aaron Smith.
Miami County Man Sentenced for Collecting Child PornographyRead the Press Release
KANSAS CITY, KAN. - A Miami County man who pleaded guilty to possessing child pornography was sentenced today to 70 months in federal prison, U.S. Attorney Stephen McAllister said. In addition, the defendant was ordered to pay $5,000 to the Justice for Victims of Trafficking Act Fund and $3,000 to each of 15 victims who requested restitution.
Joel Haines, 61, Paola, Kan., pleaded guilty to one count of possessing child pornography. At sentencing, the prosecutor said investigators found 1,433 digital child pornography images on Haines’ computer. The images included children under the age of two being sexually abused as well as images of girls ages 6 to 12.
McAllister commended the FBI and Assistant U.S. Attorney Kim Flannigan for their work on the case.
Indictment: Counterfeit Oxycodone Pills Contained Fentanyl InsteadRead the Press Release
KANSAS CITY, KAN. - A federal indictment unsealed today in Kansas charges a Massachusetts man with distributing counterfeit oxycodone pills that contained the powerful synthetic opioid fentanyl, U.S. Attorney Stephen McAllister said.
Anthony Stokes, 32, South Deerfield, Ma., is charged with five counts of distributing fentanyl and five counts of selling counterfeit drugs. The indictment alleges the crimes took place during December 2018 through Feb. 2019 in Wyandotte County, Kan.
The indictment alleges Stokes sold 114 tablets with counterfeit identifying marks belonging to Mallinckrodt Pharmaceuticals. The tablets contained more than 14.6 grams of fentanyl.
Stokes was arrested June 11 in Massachusetts.
If convicted, he faces a penalty of up to 20 years in federal prison and a $1 million fine on the fentanyl charge and up to 10 years and a fine up to $250,000 on the counterfeit drug charges.
Investigating agencies included Food and Drug Administration Office of Criminal Investigations, the United States Postal Inspection Service, and the Drug Enforcement Administration with the assistance of the Deerfield Police Department, the Massachusetts State Police, the Whatley Police Department, and the Northwestern District Attorney’s Anti-Crime Task Force. Assistant U.S. Attorney Chris Oakley is prosecuting.
In all cases, defendants are presumed innocent until and unless proven guilty. The indictments merely contain allegations of criminal conduct.
The Weapon was a BB Gun but the Robberies were RealRead the Press Release
WICHITA, KAN. – A Wichita man pleaded guilty Monday and admitted he robbed three stores, U.S. Attorney Stephen McAllister said.
Willie Smith, 38, 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 will take 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.
Sentencing is set for Aug. 26. He faces up to 20 years in federal prison and a fine up to $250,000. McAllister commended the Wichita Police Department and Assistant U.S. Attorney David Lind for their work on the case.
Russian Woman Sentenced for Parental Kidnapping, ExtortionRead the Press Release
WICHITA, KAN. – A Russian-born woman was sentenced to 84 months in federal prison today for unlawfully taking her daughter to Russia and demanding money before allowing the American father to have custody of the girl, U.S. Attorney Stephen McAllister said.
In March, a jury found Bogdana Alexandrovna Mobley, 38, guilty on one count of international parental kidnapping and two counts of attempting to extort money from the child’s father.
During trial, the prosecutor presented evidence that in April 2014 Mobley took a child of hers (identified as S.M. in court records) to Russia despite the fact the biological father, Brian Mobley, had been awarded joint custody in Sedgwick County District Court. At the time, the Mobleys had a pending divorce case before the court. The defendant did not obtain the permission of the court or Brian Mobley before going to Russia with the child. The child still has not returned to the United States.
Between April 2014 and November 2016, the defendant only permitted Brian Mobley to communicate with S.M. via cell phones and Skype applications. She told Brian Mobley that he needed to send her money in order to see the child.
McAllister commended the FBI and Assistant U.S. Attorney Jason Hart for their work on the case.
Indictment: Defendants Went Shopping with Counterfeit $100 BillsRead the Press Release
KANSAS CITY, KAN. – Four defendants were charged today in an indictment alleging they “washed” $1 bills to produce counterfeit $100 bills that they passed during a shopping spree, U.S. Attorney Stephen McAllister said.
Steven Shane Escamilla, 30, Laguna Hills, Calif., Courtney Campbell, 37, Bouse, Ariz., John Sebestyen, 50, Mission Viejo, Calif., and Jonathan Washington, 33, no known address, are charged with conspiracy to commit counterfeiting. In addition, Escamilla is charged with one count of possessing counterfeit bills and one count of possessing methamphetamine; Campbell is charged with one count of possessing counterfeit bills and one count of possessing methamphetamine; Sebestyen is charged with one count of possessing counterfeit bills and one count of possessing methamphetamine and heroin; and Washington is charged with one count of possession with intent to distribute methamphetamine.
According to documents filed with the court, an employee at a hotel in Overland Park contacted police to report that the defendants were acting suspiciously. They deposited trash in containers away from their rooms that contained evidence of criminal activity.
The indictment alleges that in some cases defendants purchased goods with counterfeit cash and then returned the goods for a refund at another branch of the same store.
Upon conviction, the crimes carry the following penalties:
Conspiracy: Up to five years in federal prison and a fine up to $250,000.
Possessing counterfeit cash: Up to 20 years and a fine up to $250,000.
Possession with intent to distribute methamphetamine: Not less than five years and not more than 40 years and a fine up to $4 million.
Possessing a controlled substance: Up to a year and a fine up to $1,000.
The Overland Park Police Department and the U.S. Secret Service investigated. Assistant U.S. Attorney Leon Patton is prosecuting.
In all cases, defendants are presumed innocent until and unless proven guilty. The indictments merely contain allegations of criminal conduct.
Wichita Police Joining Public Safety Partnership to Fight Rise in Violent Crime RatesRead the Press Release
WICHITA, KAN. – With Wichita’s violent crime rate significantly above the national average, U.S. Attorney Stephen McAllister announced today that the Wichita Police Department has been approved to receive special training and technical assistance from the National Public Safety Partnership.
Wichita and nine other jurisdictions are joining the partnership, which gives them access at no cost to specialized law enforcement expertise with dedicated prosecutorial resources to fight their violent crime problems.
“This program, along with Project Safe Neighborhoods, will broaden our partnership with the Wichita Police Department,” McAllister said. “We’re putting federal prosecutors on the same team with Wichita police officers.”
Over the past three years, Wichita has experienced an increase in violent crime, according to Wichita police officials. Shootings have been steadily increasing since 2014. From 2016 to 2018, the city saw a 31 percent increase in shootings.
Deputy Chief Jose Salcido cited domestic violence and methamphetamine trafficking as factors contributing to the city’s increase in violent crime. He said federal assistance will “help us dig into our own data” to devise effective strategies for reversing the trends.
“The Public Safety Partnership is a successful program that directs federal law enforcement resources to the cities where they can have the greatest impact,” Attorney General William P. Barr said. “These resources help police departments to diagnose where crime is highest—and why—and to find, arrest and prosecute criminals. Several participating cities have already seen dramatic reductions in violent crime over the past two years. As we expand this program to 10 more cities across America, we are determined to replicate that success.”
The program is a three-year commitment from the Justice Department to deliver assistance. It is not a grant program. Participating law enforcement agencies do not receive direct funding.
The 10 sites announced today are as follows:
- Anniston, Alabama
- Oxford, Alabama
- Anchorage, Alaska
- Davenport, Iowa
- Wichita, Kansas
- Baton Rouge, Louisiana
- Baltimore, Maryland
- Cleveland, Ohio
- Amarillo, Texas
- Harris County, Texas
More than 30 cities have participated in PSP. The primary participating Justice Department components include the Office of Justice Programs, Office on Violence Against Women, Office of Community Oriented Policing Services, Bureau of Alcohol, Tobacco, Firearms and Explosives, FBI, U.S. Drug Enforcement Administration and U.S. Marshals Service.
More information about PSP can be found at: https://www.nationalpublicsafetypartnership.org
Loading 168 Pounds of Marijuana Costs KCK Man Four Years in PrisonRead the Press Release
KANSAS CITY, KAN. – A Kansas man was sentenced today to four years in federal prison for helping to move 168 pounds of marijuana from one house to another to keep police from finding it, U.S. Attorney Stephen McAllister said.
Felipe Cano-Porras, 32, Kansas City, Kan., pleaded guilty to one count of conspiracy to distribute marijuana. Law enforcement had a house in the 900 block of Riverview in Kansas City, Kan., under surveillance when Cano-Porras and another man come out. In the house, investigators found 168 pounds of marijuana in suitcases, 704 grams of methamphetamine, three firearms and more than $25,000 in cash. In his plea, Cano-Porras admitted he and another moved the marijuana, the methamphetamine, the guns and the cash into the house from another residence.
McAllister commended the Drug Enforcement Administration, the Kansas City, Kan., Police Department and Assistant U.S. Attorney Jared Maag for their work on the case.
Kansas Hospital Agrees to Pay $250,000 to Settle False Claims Act AllegationsRead the Press Release
KANSAS CITY, KAN. – U.S. Attorney Stephen McAllister announced today that Coffey Health System has agreed to pay the U.S. government $250,000 to settle claims that it violated the False Claims Act.
Coffey Health System (“CHS”) operates a twenty-five bed critical access hospital located in Burlington, Kan. The United States alleged that Coffey Health System falsely attested that it conducted and/or reviewed security risk analyses in accordance with requirements under a federal incentive program for the reporting periods of 2012 and 2013.
The government contended that the hospital submitted false claims to the Medicare and Medicaid Programs pursuant the Electronic Health Records (EHR) Incentive Program. The American Recovery and Reinvestment Act of 2009 established the program to encourage healthcare providers to adopt and demonstrate their “meaningful use” of EHR technology. Under the program, the U.S. Department of Health and Human Services (HHS) offers incentive payments to healthcare providers that adopt certified EHR technology and meet certain requirements relating to their use of the technology. To obtain the payments, providers must attest that they satisfy applicable HHS-adopted criteria, including measures for analyzing and addressing security risks to electronic health records.
“Medicare and Medicaid beneficiaries expect that providers ensure the accuracy and security of their electronic health records,” said United States Attorney Stephen McAllister. “This office remains committed to protecting the federal health programs and to hold accountable those whose conduct results in improper payments.”
Steve Hanson, Special Agent in Charge, U.S. Department of Health and Human Services, Office of Inspector General, Kansas City Region, stated, “Providers who fail to properly ensure the security of electronic health records must be held accountable.”
The settlement announced today resolves allegations in a lawsuit filed by Bashar Awad and Cynthia McKerrigan, in the United States District Court for the District of Kansas. The lawsuit was filed under the qui tam, or whistleblower, provisions of the False Claims Act, which permit private individuals to sue on behalf of the government for false claims and to share in any recovery. The Act also allows the government to intervene and take over the action; Awad and McKerrigan will receive approximately $50,000.
This matter was investigated by the U.S. Department of Health and Human Services – Office of the Inspector General (HHS-OIG) and the United States Attorney’s Office for the District of Kansas. The United States was represented by Assistant U.S. Attorney Jon Fleenor.
The case is captioned United States ex rel. Awad et al. v. Coffey Health System, 2:16-CV-03034 (D. Kan.). The claims resolved by the settlement are allegations only, and there has been no determination of liability.
Kansas Cardiologist and His Practice Pay $5.8 Million to Resolve Alleged False Billings for Unnecessary Cardiac ProceduresRead the Press Release
Joseph P. Galichia M.D., a Wichita, Kansas, cardiologist, has agreed to pay $5.8 million to resolve allegations that he and his medical group, Galichia Medical Group, P.A. (GMED), violated the False Claims Act by improperly billing federal health care programs for medically unnecessary cardiac stent procedures, the Department of Justice announced. Galichia also agreed to a three-year period of exclusion from participation in any federal health care program. The settlement relates to a lawsuit in which the United States intervened on Dec. 12, 2014.
“This settlement reflects the Department of Justice’s commitment to ensuring the safety of federal health care program beneficiaries and that taxpayer monies are properly spent,” said Assistant Attorney General Jody Hunt of the Department of Justice’s Civil Division.
“Patient safety is critically important,” said U.S. Attorney Stephen McAllister for the District of Kansas. “Performing medically unnecessary procedures puts patients at risk and defrauds federal health care programs.”
“When a physician bills the government for medically unnecessary procedures, both patients’ health and taxpayers can end up paying the price,” said Special Agent in Charge Steve Hanson of the Office of Inspector General for the U.S. Department of Health and Human Services. “OIG is excluding Dr. Galichia from participation in Medicare, Medicaid, and other federal health care programs, and we will continue to work with our partners to protect the health and welfare of Medicare beneficiaries.”
The government contended that Galichia and GMED knowingly submitted false billings from Jan. 1, 2008, through Dec.31, 2014, for surgical procedures in which Galichia implanted coronary stents that were not medically necessary. The allegedly false billings were submitted to Medicare, the Defense Health Agency, and the Federal Employees Health Benefits Program.
This is the government’s third False Claims Act settlement with Galichia and GMED. In 2009, Galichia and GMED paid $1.3 million to settle allegations that they submitted claims for services not provided or lacking proper documentation. In 2000, Galichia and GMED paid $1.5 million to settle allegations that they submitted claims for a higher level of service than provided, billed twice for the same services, and billed for services not provided.
The settlement announced resolves allegations in a lawsuit filed by Aly Gadalla M.D., in the United States District Court for the District of Kansas. The lawsuit was filed under the qui tam, or whistleblower, provisions of the False Claims Act, which permit private individuals to sue on behalf of the government for false claims and to share in any recovery. The Act also allows the government to intervene and take over the action, as it did in this case. Dr. Gadalla will receive approximately $1.16 million.
The government’s resolution of this matter illustrates the government’s emphasis on combating health care fraud. One of the most powerful tools in this effort is the False Claims Act. Tips and complaints from all sources about potential fraud, waste, abuse, and mismanagement, can be reported to the Department of Health and Human Services (HHS), at 800-HHS-TIPS (800-447-8477).
The investigation was conducted by the U.S. Attorney’s Office for the District of Kansas and the Department of Justice’s Civil Division, in conjunction with the HHS-OIG, the FBI, the Defense Health Agency on behalf of the TRICARE program, the Defense Criminal Investigative Service of the Inspector General for the Department of Defense, and the Office of Personnel Management, Office of Inspector General.
The case is captioned United States ex rel. Gadalla v. Dr. Joseph Galichia, et al., Case No. 12-1259 (D. Kan.). The claims resolved by the settlements are allegations only and there has been no determination of liability
Kansas Cardiologist and His Practice Pay $5.8 Million to Resolve Alleged False Billings for Unnecessary Cardiac ProceduresRead the Press Release
Joseph P. Galichia M.D., a Wichita, Kansas, cardiologist, has agreed to pay $5.8 million to resolve allegations that he and his medical group, Galichia Medical Group, P.A. (GMED), violated the False Claims Act by improperly billing federal health care programs for medically unnecessary cardiac stent procedures, the Department of Justice announced. Galichia also agreed to a three-year period of exclusion from participation in any federal health care program. The settlement relates to a lawsuit in which the United States intervened on Dec. 12, 2014.
“This settlement reflects the Department of Justice’s commitment to ensuring the safety of federal health care program beneficiaries and that taxpayer monies are properly spent,” said Assistant Attorney General Jody Hunt of the Department of Justice’s Civil Division.
“Patient safety is critically important,” said U.S. Attorney Stephen McAllister for the District of Kansas. “Performing medically unnecessary procedures puts patients at risk and defrauds federal health care programs.”
“When a physician bills the government for medically unnecessary procedures, both patients’ health and taxpayers can end up paying the price,” said Special Agent in Charge Steve Hanson of the Office of Inspector General for the U.S. Department of Health and Human Services. “OIG is excluding Dr. Galichia from participation in Medicare, Medicaid, and other federal health care programs, and we will continue to work with our partners to protect the health and welfare of Medicare beneficiaries.”
The government contended that Galichia and GMED knowingly submitted false billings from Jan. 1, 2008, through Dec.31, 2014, for surgical procedures in which Galichia implanted coronary stents that were not medically necessary. The allegedly false billings were submitted to Medicare, the Defense Health Agency, and the Federal Employees Health Benefits Program.
This is the government’s third False Claims Act settlement with Galichia and GMED. In 2009, Galichia and GMED paid $1.3 million to settle allegations that they submitted claims for services not provided or lacking proper documentation. In 2000, Galichia and GMED paid $1.5 million to settle allegations that they submitted claims for a higher level of service than provided, billed twice for the same services, and billed for services not provided.
The settlement announced resolves allegations in a lawsuit filed by Aly Gadalla M.D., in the United States District Court for the District of Kansas. The lawsuit was filed under the qui tam, or whistleblower, provisions of the False Claims Act, which permit private individuals to sue on behalf of the government for false claims and to share in any recovery. The Act also allows the government to intervene and take over the action, as it did in this case. Dr. Gadalla will receive approximately $1.16 million.
The government’s resolution of this matter illustrates the government’s emphasis on combating health care fraud. One of the most powerful tools in this effort is the False Claims Act. Tips and complaints from all sources about potential fraud, waste, abuse, and mismanagement, can be reported to the Department of Health and Human Services (HHS), at 800-HHS-TIPS (800-447-8477).
The investigation was conducted by the U.S. Attorney’s Office for the District of Kansas and the Department of Justice’s Civil Division, in conjunction with the HHS-OIG, the FBI, the Defense Health Agency on behalf of the TRICARE program, the Defense Criminal Investigative Service of the Inspector General for the Department of Defense, and the Office of Personnel Management, Office of Inspector General.
The case is captioned United States ex rel. Gadalla v. Dr. Joseph Galichia, et al., Case No. 12-1259 (D. Kan.). The claims resolved by the settlements are allegations only and there has been no determination of liability.
Indictment: So-called ‘Glock switches’ Would have Turned Pistols into Machine GunsRead the Press Release
TOPEKA, KAN. – A Topeka man is facing federal charges after he imported devices from China that for $19 a piece can turn a Glock pistol into a fully automatic machine gun, U.S. Attorney Stephen McAllister said today.
The defendant was indicted yesterday in U.S. District Court in Topeka.
Jacob Gragg, 33, Topeka, Kan., is charged in a four-count indictment with one count of unlawful possession of a machine gun, one count of unlawful possession of an unregistered machinegun, one count of unlawful possession of an explosive and one count of possession with intent to distribute marijuana.
The indictment alleges investigators seized seven so-called “Glock switches” and half a pound of Tannerite, which is a binary explosive, from Gragg. Gragg bought the Glock switches from a company in Shenzhen, Gaundong Province, China. On a website, the company advertised the “Glock Auto Switch,” saying the product would convert all models of Glock pistols to “Full Auto.” The device operates by applying force to the trigger bar to prevent it from limiting the weapon to firing only one round each time the trigger is depressed.
The indictment alleges Gragg was prohibited from possessing the explosive because he had prior felony convictions in Shawnee County District Court and Morris County District Court.
If convicted, he faces the following penalties:
Unlawful possession of a machine gun (count one) and unlawful possession of an explosive by a prohibited person (count three): Up to 10 years in federal prison and a fine up to $250,000
Possession of an unregistered machine gun (count two): Up to 10 years and a fine up to $10,000.
Possession with intent to distribute marijuana: Up to five years and a fine up to $250,000.
Investigating agencies included the Bureau of Alcohol, Tobacco, Firearms and Explosives, Homeland Security Investigations, the Topeka Police Department and the Shawnee County Sheriff’s Office. Assistant U.S. Attorney Skip Jacobs is prosecuting.
OTHER INDICTMENTs
Omar Urista, 22, Topeka, Kan., is charged with one count of carjacking. The crime is alleged to have occurred April 4, 2019.
The indictment alleges Urista used force to steal a 2003 Chevrolet Tahoe from its owner.
If convicted, he faces up to 15 years in federal prison and a fine up to $250,000. The FBI and the Topeka Police Department 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.
Indictment: Kansas Couple Stole Millions in Check Kiting SchemeRead the Press Release
TOPEKA, KAN. - The owners of the Plainville Livestock Commission in Rooks County are charged with carrying out a check kiting scheme that cost banks millions of dollars, U.S. Attorney Stephen McAllister said today.
A grand jury in Topeka returned the indictment Wednesday.
Tyler Gillum, 47, and his wife, Camden Gillum, 50, both of Plainville, Kan., are charged with 31 counts of bank fraud, one count of making a false statement to the Small Business Administration in an application for a $1.5 million loan, and one count of making a false statement to Almena State Bank in an application for a $500,000 line of credit.
The indictment alleges the Gillums defrauded Almena State Bank in Almena, Kan., Landmark Bank in Manhattan, Kan., Colorado East Bank and Trust in Lamar, Colo., Astra Bank in Scandia, Kan., TBK Bank in Dallas, Guaranty State Bank in Beloit and The Bank in Oberlin, Kan.
The indictment alleges investigators examined unfunded checks and wire transfers totaling more $2 billion sent by Tyler Gillum as part of the scheme. That included 409 wire transfers and 7,584 checks. Tyler Gillum, formerly a loan officer for Montezuma State Bank, owned and operated with his wife Plainville Livestock Commission. In advertisements for the business, they said: “The sale barn facility was first established in 1950 and is situated in the heart of Cow-Calf Country. We pride ourselves in offering individualized attention to marketing your livestock.”
The indictment defines check kiting as a form of check fraud that takes advantage of the time between presentment of a check and the actual receipt of funds (“the float”) to make use of non-existent funds in a checking or other bank account. The purpose of check kiting is to falsely inflate the balance of a checking account in order to allow written checks to clear that otherwise would bounce.
Investigating agencies included the U.S. Department of Agriculture – Office of Inspector General, the FBI, the Federal Deposit Insurance Corporation – Officer of Inspector General, the Federal Housing Finance Agency – Office of Inspector General and the U.S. Small Business Administration – Office of Inspector General. Assistant U.S. Attorney Rich Hathaway is prosecuting.
In all cases, defendants are presumed innocent until and unless proven guilty. The indictments merely contain allegations of criminal conduct.
Kansas Zoos Receive Tiger Pelts Seized from Wildlife TraffickersRead the Press Release
WICHITA, KAN. – Zoos in Topeka and Wichita are receiving tiger and lion pelts that federal agents seized from wildlife traffickers, U.S. Attorney Stephen McAllister said today.
McAllister said his office donated the pelts to the Topeka Zoo and the Sedgwick County Zoo. The pelts were seized by agents of the U.S. Fish and Wildlife Service who were enforcing federal laws aimed at protecting endangered animals and disrupting the global black market for hides and other parts of protected wildlife.
“Poachers, wildlife smugglers and black market merchants are stealing our last chance to protect and preserve creatures of awesome strength and beauty,” McAllister said. “Once these animals go, they will be gone forever. They are a precious natural resource that the federal government protects, including by criminal prosecution of illegal traffickers.”
The Department of Justice’s Environment and Natural Resources Division (ENRD), together with United States Attorneys’ Offices across the country, is responsible for prosecuting international wildlife trafficking crimes, primarily under the Endangered Species Act (ESA) and the Lacey Act, as well as crimes related to wildlife trafficking, such as smuggling, money laundering, and criminal conspiracy.
Wildlife items forfeited or abandoned to the U.S. Fish and Wildlife Service are stored in a 22,000-square-foot office and warehouse located northeast of Denver that is called the National Wildlife Repository. Many of the items are donated to educational facilities and nonprofit organizations to aid in teaching about endangered species.
McAllister said the tiger pelts came from the wildlife depository. Fish and Wildlife Service agents used some of them in a sting operation in Wichita in 2018. A Wichita man pleaded guilty to making a deal to pay $8,000 to have two tiger pelts delivered to him. Agents retrieved the tiger pelts and seized a lion pelt from his home when they arrested him.
McAllister said the Justice Department estimates the international illegal trade in wildlife generates as much as $23 billion annually. In Kansas in recent years, federal agents have investigated wildlife trafficking cases including deer and elk that had been poached by guides and hunters, eagle feathers that were being unlawfully sold and Asian leopard cats unlawfully imported to Kansas. Federal prosecutors across the country also have pursued cases involving native turtles being exported to other countries.
For more information, see https://www.fws.gov/wildliferepository/ and https://www.justice.gov/enrd/wildlife-trafficking and https://www.fws.gov/eaglerepository/ .
Topeka Man Pleads Guilty to Cyberstalking, Child PornographyRead the Press Release
TOPEKA, KAN. – A Topeka man pleaded guilty Tuesday to cyberstalking and distributing child pornography, U.S. Attorney Stephen McAllister said.
Blake Adam Austin, 35, Topeka, Kan., pleaded guilty to one count of cyberstalking, one count of possessing child pornography and one count of distributing child pornography.
The investigation began when a middle school teacher in Topeka reported receiving emails from males who wanted to meet her. The males were responding to a Craigslist ad in which someone used the victim’s identity to post sexual content. The problem continued for years until an investigator identified an account Austin was using to post sexual content along with the victim’s contact information.
The victim recognized Austin as someone she had worked with at a coffee shop. He had attempted to initiate a relationship but she had not been interested.
Investigators learned Austin used images of an adult porn star and the victim’s contact information to post ads. He also used images of the victim and her contact information to place half a dozen ads on Craigslist.
On Austin’s laptop, investigators found images of him having sex with a 17-year-old girl. Investigators also learned that Austin uploaded sexually explicit photos of a girl under 15 years old on Skype.
Sentencing is set for Aug. 20. He faces a penalty of up to five years in federal prison on the cyberstalking charge, up to 10 years on the possession charge and not less than five years on the distribution charge. McAllister commended the Topeka Police Department, the FBI and Assistant U.S. Attorney Christine Kenney for their work on the case.
Reno County Man Pleads to Gun ChargeRead the Press Release
WICHITA, KAN. – A Reno County man who led troopers on a 100-mph chase pleaded guilty Monday to a federal firearm charge, U.S. Attorney Stephen McAllister said.
Codey Elsasser, 26, Arlington, Kan., pleaded guilty to possessing a short-barreled rifle that was not registered as required by federal law. Elsasser was driving 88 mph in a 65 mph zone when a Kansas Highway Patrol trooper tried to stop him. Elsasser fled, reaching a speed of 100 mph as he drove from Barton County to Rice County before stopping.
In the car, troopers found a .223 caliber rifle with a barrel length of 10 and 5/8 inches, a 9 mm pistol, a 12 gauge shotgun, a bulletproof vest and parts of a homemade silencer. Elsasser was a convicted felon and was prohibited from having firearms. He admitted he smoked methamphetamine the morning of the arrest.
Sentencing is set for July 29. The parties have agreed to recommend a sentence in a range of 63 to 78 months in federal prison.
McAllister commended the Kansas Highway Patrol, the Bureau of Alcohol, Tobacco, Firearms and Explosives and Assistant U.S. Attorney David Lind for their work on the case.
Indictment: Man and Woman in Great Bend Sold Cocaine, Fentanyl, LSD, Heroin and MethRead the Press Release
WICHITA, KAN. – A man and woman from Great Bend have been charged in a 10-count indictment alleging possession or sale of cocaine, fentanyl, LSD, heroin, methamphetamine and marijuana, U.S. Attorney Stephen McAllister said.
Iban Martinez-Enriquez, 21, Great Bend, Kan., and Kennedy Christine Beakey, 19, Great Bend, Kan., are charged with one count possession with intent to distribute LSD (count six), one count of possession with intent to distribute methamphetamine (count seven), one count of possession with intent to distribute cocaine (count eight), one count of possession with intent to distribute heroin (count nine) and one count of possession with intent to distribute marijuana (count 10). In addition, Martinez-Enriquez is charged with two counts of distributing cocaine (counts one and two), one count of distributing fentanyl (count three), one count of distributing heroin (count four) and one count of distributing methamphetamine (count five).
The crimes are alleged to have occurred in September and October 2018 in Finney and Barton counties.
The indictment seeks the forfeiture of a .22 caliber rifle and $21,915 in cash.
Upon conviction, the crimes carry the following penalties:
Counts one through five and eight through 10: Up to 20 years in federal prison and a fine up to $1 million.
Counts six and seven: Not less than 10 years and a fine up to $10 million.
Investigators included the Finney County Sheriff, the Barton County Sheriff, the Great Bend Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives. Assistant U.S. Attorney Ryan McCarty is prosecuting.
OTHER INDICTMENTS
Heath Wagoner, 35, Wichita, Kan., is charged with one count of possession with intent to distribute methamphetamine, one count of unlawful possession of a firearm in furtherance of drug trafficking and one count of unlawful possession of a firearm by a felon. The crimes are alleged to have occurred March 14, 2018, in Sedgwick County, Kan.
If convicted, he faces a penalty of up to 20 years and a fine up to $1 million on the methamphetamine charge, not less than five years and a fine up to $250,000 on the charge of possessing a firearm in furtherance of drug trafficking and up to 10 years and a fine up to $250,000 on the other firearm charge. The Drug Enforcement Administration investigated. Assistant U.S. Attorney Aaron Smith is prosecuting.
Michael Buddenhagen, 53, Wichita, Kan., and Sarah Venturella, 36, Wichita, Kan., are charged with one count of possession with intent to distribute methamphetamine. In addition, Buddenhagen is charged with one count of unlawful possession of a firearm in furtherance of drug trafficking and one count of unlawful possession of a firearm by a felon. The crimes are alleged to have occurred Jan. 31, 2019, in Greenwood County, Kan.
Upon conviction, the crimes carry the following penalties:
Possession with intent to distribute methamphetamine: Up to 20 years in federal prison and a fine up to $1 million.
Possession of a firearm in furtherance of drug trafficking: Not less than five years and a fine up to $250,000.
Possession of a firearm by a felon: Up to 10 years and a fine up to $250,000.
The Kansas Bureau of Investigation investigated. Assistant U.S. Attorney Aaron Smith is prosecuting.
Douglas Amaya-Merino, 35, a citizen of El Salvador, is charged with unlawfully re-entering the United States after being deported. He was found March 7, 2019, in Saline County, Kan.
If convicted, he faces up to two years in federal prison and a fine up to $250,000. The Department of Homeland Security investigated. Assistant U.S. Attorney Aaron Smith is prosecuting.
Lorenzo Roque-Ortega, 29, a citizen of Mexico, is charged with unlawfully re-entering the United States after being deported. He was found May 14, 2019, in Sedgwick County, Kan.
If convicted, he faces up to two years in federal prison and a fine up to $250,000. The Department of Homeland Security 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.
California Man Sentenced for Smuggling 30 Pounds of MethRead the Press Release
WICHITA, KAN. – A California man was sentenced today to 10 years in federal prison for smuggling almost 30 pounds of methamphetamine into Kansas, U.S. Attorney Stephen McAllister said.
Christian Delgado-Lopez, 30, Dana Point, Calif., pleaded guilty to one count of possession with intent to distribute methamphetamine. According to court documents, Delgado-Lopez was driving a rented Ford F-150 when the Kansas Highway Patrol stopped him on U.S. Highway 54 in Meade County, Kan. Delgado-Lopez and his passenger told the trooper they were on their way to Wichita.
A search of the vehicle turned up the methamphetamine, which was hidden in a spare tire.
McAllister commended the Kansas Highway Patrol, the Drug Enforcement Administration and Assistant U.S. Attorney Debra Barnett for their work on the case.
Guilty Plea: Overland Park Man Had 44,000 Images of Child PornRead the Press Release
KANSAS CITY, KAN. – An Overland Park man today admitted he collected more than 44,000 images of child porn, some of which were shared with other computer users, U.S. Attorney Stephen McAllister said.
Robert A. Weick, 32, 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.
Sentencing is set for Sept. 3. Both parties have agreed to recommend a sentence of 100 months in federal prison and $28,000 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.
Wichita Man Pleads Guilty to Liquor Store RobberyRead the Press Release
KANSAS CITY, KAN. – A Wichita man pleaded guilty Monday to committing a liquor store robbery during which a clerk shot him in the leg, U.S. Attorney Stephen McAllister said.
Rayquan Hill, 19, Wichita, Kan., pleaded guilty to one count of robbery. In his plea, he admitted he and a co-defendant robbed F & K Liquor at 902 S. Woodlawn in Wichita. A store clerk shot Hill in the leg during the robbery. Hill was arrested at the scene. The co-defendant was arrested later that day at work.
Co-defendant Jamaryus Moore, 20, Wichita, Kan. is awaiting sentencing.
Hill is set for sentencing Aug. 5. He faces a penalty of up to 20 years in federal prison and a fine up to $250,000.
McAllister commended the Wichita Police Department, the FBI and Assistant U.S. Attorney Aaron Smith for their work on the case.
Leavenworth Man Sentenced to 10+ Years for Child PornographyRead the Press Release
KANSAS CITY, KAN. – A Leavenworth man was sentenced Monday to 121 months in federal prison for receiving and distributing child pornography, U.S. Attorney Stephen McAllister said. In addition, the defendant was ordered to pay $6,500 in restitution.
Pedro Zamora, 36, Leavenworth, Kan., pleaded guilty to one count of receipt and distribution of child pornography. In his plea, he admitted that investigators found 127 videos and 1,900 images containing child pornography on a computer in his home. He used file sharing programs to collect and distribute the images. Zamora told investigators he began searching for child pornography on the internet when he was in middle school.
McAllister commended the Overland Park Police Department, the FBI and Assistant U.S. Attorney Kim Flannigan for their work on the case.
U.S. Attorney Recognizes Kansas Officers Who Died in the Line of DutyRead the Press Release
KANSAS CITY, KAN. – We all owe a debt of gratitude to three Kansas law enforcement officers who sacrificed their lives for the safety and protection of others, U.S. Attorney Stephen McAllister said in recognition of National Police Week, May 12 to May 18.
The names of Sedgwick County Sheriff’s Deputy Robert Kunze and Wyandotte County Sheriff’s Deputies Theresa King and Patrick Rohrer will be added to the National Law Enforcement Officers Memorial in Washington, D.C., during a ceremony May 13.
“We must never forget these brave officers,” McAllister said. “We will strive to be worthy of the sacrifices they made for us and to carry on their dedication to law enforcement. I invite the public to join our office in showing support for their families and their fellow officers.”
King and Rohrer were shot to death June 15, 2018, in Kansas City, Kan., while transporting prisoners between jail and court. Kunze was shot to death Sept. 16, 2018, during an arrest in western Sedgwick County.
According to the FBI, 55 law enforcement officers died in 2018 from injuries received during felonious incidents
Victim officer profile:
- Average age: 37 years old.
- Average length of service: 10 years.
- Gender: 52 male, 3 female.
For more information, see of the FBI report Law Enforcement Officers Killed and Assaulted, 2018 at https://ucr.fbi.gov/leoka/2018/
Sumner County Man Pleads Guilty to Impersonating an FBI AgentRead the Press Release
WICHITA, KAN. – A Sumner County man pleaded guilty today to 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.
Sentencing is set for July 31. Both parties are expected to recommend a sentence of probation and a $1,000 fine. McAllister commended the FBI, the Sumner County Sheriff’s Department and Assistant U.S. Attorney Lanny Welch for their work on the case.
Indictment: Guatemalan Returned Less Than Four Months After Being DeportedRead the Press Release
KANSAS CITY, KAN. – A Guatemalan man was indicted here Wednesday on charges of unlawfully returning to the United States less than four months after he was deported. U.S. Attorney Stephen McAllister said.
Andres Marcelo De Leon-Perez, 25, is charged with one count of unlawfully re-entering the United States.
Documents filed in federal court in Kansas City, Kan., allege that on Dec. 27, 2018, Leon-Perez was deported and flown home to Guatemala. Less than four months later, April 11, 2019, he was found in Wyandotte County, Kan.
It was not the first time he was alleged to have returned unlawfully. On Nov. 4, 2017, the defendant was apprehended by the U.S. Border Patrol near Valentine, Texas. On Jan. 22, 2018, he was deported and flown home to Guatemala.
In his most recent arrest, De Leon-Perez was one of 10 persons detained after the Kansas Highway Patrol stopped their vehicle in Paola, Kan.
If convicted, he faces a penalty of up to two years in federal prison and a fine up to $250,000. Homeland Security Investigations investigated. Assistant U.S. Attorney Trent Krug is prosecuting.
OTHER INDICTMENTS
Jordy Ulises Cody-Lemus, 20, a citizen of Guatemala, is charged with unlawfully re-entering the United States after being deported. He was found April 11, 2019, in Wyandotte County, Kan.
If convicted, he faces a penalty of up to two years in federal prison and a fine up to $250,000. Homeland Security Investigations investigated. Assistant U.S. Attorney Trent Krug 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 on Federal Gambling, Tax ChargesRead the Press Release
WICHITA, KAN. – A Wichita man was sentenced Tuesday to serve 24 months of federal probation on federal gambling and tax charges, U.S. Attorney Stephen McAllister said. In addition, the defendant agreed to pay more than $117,000 in restitution.
Daven Flax, 48, Wichita, Kan., pleaded guilty to two counts of illegal gambling and one count of making a false tax statement. In his plea, Flax admitted he operated an illegal gambling business in Wichita. He conducted and managed illegal poker games at numerous locations in the city. His income came from taking a cut or “rake” from the amount of money wagered. He was responsible for paying employees including dealers, waitresses and caterers as well as paying for the use of commercial properties where poker games were held. The games were not open to the public. Only gamblers who were invited could play.
In addition, Flax worked as a sub-bookie for co-defendant Danny Chapman’s sports betting operation.
Flax failed to pay federal income taxes on approximately $346,000 in income from illegal gambling.
McAllister commended the FBI, the Internal Revenue Service, the Wichita Police Department, Assistant U.S. Attorney Aaron Smith and Assistant U.S. Attorney Mona Furst for their work on the case.
Salina Man Married to Pharmacist Got His Drugs from HerRead the Press Release
WICHITA, KAN. – A Salina man unlawfully received controlled prescription drugs from his wife, who was a pharmacist, U.S. Attorney Stephen McAllister said.
Dalton R. Hartley, 29, Salina, Kan., pleaded guilty Tuesday to one count of acquiring controlled substances through fraud. Hartley is married to co-defendant Kirsty C. Hartley, who worked at a CVS Pharmacy in Salina. In his plea, Dalton Hartley admitted he fraudulently received 450 tablets of hydrocodone with acetaminophen and 360 tablets of alprazolam from his wife. He would consume the medication himself or trade tablets to other people for marijuana.
Hartley admitted he knew his wife was altering legitimate prescriptions in order to divert the medications to him.
Co-defendant Kirsty Hartley pleaded guilty last month to one count of distributing and dispensing controlled substances without a legitimate medical reason. She admitted unlawfully dispensing more than 21,000 tablets of hydrocodone with acetaminophen.
Both parties have agreed to recommend the Hartleys be sentenced to 18 months of house arrest with 200 hours of community service. Kirsty Hartley has surrendered her pharmacist license.
McAllister commended the Salina Police Department, the Drug Enforcement Administration and Assistant U.S. Attorney Mona Furst for their work on the case.
Trucker Working for Kansas Company Pleads Guilty to Stealing Load of MeatRead the Press Release
KANSAS CITY, KAN. – A California trucker working for a Kansas freight brokerage pleaded guilty Monday to 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.
Sentencing is set for Aug. 12. He faces a sentence of up to 20 years in federal prison and a fine up to $250,000. McAllister commended the FBI and Assistant U.S. Attorney Chris Oakley for their work on the case.
Kansas Man Sentenced for Not Paying Employment TaxesRead the Press Release
KANSAS CITY – A Jefferson County man was sentenced Thursday to three years on probation, with eight months of home detention, for failing to pay over payroll taxes to the Internal Revenue Service for a medical staffing company he owned, U.S. Attorney Stephen McAllister said. In addition, the defendant will have to pay more than $68,000 in restitution and a $3,000 fine.
David Monhollon, 62, Ozawkie, Kan., pleaded guilty to one count of failing to pay payroll taxes owed by First Call Medical Group, LLC. The company provided medical staffing services to health care providers. In his plea, Monhollon admitted he failed to pay a total of $68,261 for seven quarters of the company’s payroll taxes. He admitted he knew the taxes were due but chose to spend First Call’s money elsewhere.
McAllister commended IRS–Criminal Investigation, Department of Justice Tax Division Trial Attorney John Mulcahy, and Assistant U.S. Attorney Leon Patton for their work on the case.
Former Tax Return Preparer Sentenced to Prison for Tax and Bankruptcy FraudRead the Press Release
A former tax return preparer in Shawnee, Kansas, was sentenced to 24 months in prison yesterday for preparing a false tax return and making a false bankruptcy declaration, announced Principal Deputy Assistant Attorney General Richard E. Zuckerman of the Justice Department’s Tax Division and U.S. Attorney Stephen R. McAllister of the District of Kansas.
According to documents filed with the court, Geoffrey Rotich owned and operated Inventax, a tax preparation business in Shawnee, Kansas. For tax years 2010 through 2012, Rotich filed at least 40 fraudulent individual income tax returns in an effort to increase the claimed refunds for himself or his clients. Rotich also knowingly filed a fraudulent bankruptcy petition, which failed to disclose his interest in Inventax and to fully identify all of his bank accounts.
In addition to the term of imprisonment, U.S. District Court Judge Daniel D. Crabtree ordered Rotich to serve two years of supervised release and to pay restitution in the amount of $86,523 to the Internal Revenue Service (IRS).
Principal Deputy Assistant Attorney General Zuckerman and U.S. Attorney McAllister commended special agents of IRS-Criminal Investigation and Homeland Security Investigations, who conducted the investigation, and Trial Attorney Timothy M. Russo of the Tax Division and Assistant U.S. Attorney D. Christopher Oakley of the District of Kansas, who prosecuted this case, and the U.S. Trustee’s Office in Wichita, Kansas for their substantial assistance.
Additional information about the Tax Division and its enforcement efforts may be found on the Division’s website.
Wichita Man Sentenced on Gambling, Tax ChargesRead the Press Release
WICHITA, KAN. – Danny Chapman, 68, Wichita, Kan., was sentenced today to two years on supervised probation for operating a gambling business and failing to pay income taxes on the proceeds, U.S. Attorney Stephen McAllister said. In addition, Chapman agreed to forfeit more than $1.6 million in cash, as well as cars, jewelry and other items.
Chapman pleaded guilty to one count of operating an illegal gambling business and one count of tax evasion.
In his plea, Chapman admitted he worked as a sports bookmaker in the Wichita area and had at least five people working for him. Chapman and his subordinates took bets on sporting events from clients in their “book” of bettors and collected from clients who lost their bets. They arranged for clients to place bets through online gambling web sites that were created and hosted in Costa Rica. Chapman and subordinates kept a portion of the money they collected. The operation grossed as much as $2,000 in a single day.
Chapman admitted he failed to pay almost $345,000 in federal income taxes on his earnings from illegal gambling.
McAllister commended the FBI, IRS Criminal Investigation, Assistant U.S. Attorney Aaron Smith and Assistant U.S. Attorney Mona Furst for their work on the case.
Indictment: California Woman Had 60+ Pounds of Meth in Her CarRead the Press Release
WICHITA, KAN. – A California woman was indicted Tuesday on a federal charge of smuggling more than 60 pounds of methamphetamine into Kansas, U.S. Attorney Stephen McAllister said.
Maria Alvarez-Buenrostro, 46, Los Angeles, Calif., is charged with one count of possession with intent to distribute methamphetamine.
The Kansas Highway Patrol stopped Alvarez-Buenrostro for a traffic violation on I-70 near Hays in Ellis County. Troopers found 33 heat-sealed bags of meth hidden in a rear quarter panel and both rear doors of her Ford Explorer.
If convicted, she faces a penalty of not less than 10 years in federal prison and a fine up to $4 million. The Kansas Highway Patrol and the Drug Enforcement Administration investigated. Assistant U.S. Attorney Mona Furst is prosecuting.
OTHER INDICTMENTS
Jassiel Varela-Aniles, 29, Liberal, Kan., is charged with one count of unlawful possession of a firearm by following a felony conviction and one count of unlawfully re-entering the United States after being convicted of an aggravated felony and deported. He was found January 15, 2019, in Seward County, Kan, after being a fugitive on the run.
If convicted, he faces up to 10 years in federal prison and a fine up to $250,000 on the first two counts and up to 20 years in federal prison and a fine up to $250,000 on the last count. The Bureau of Alcohol, Tobacco, Firearms and Explosives investigated. Assistant U.S. Attorney Ryan McCarty is prosecuting.
Marco Antonio Cardenas-Rodriguez, 41, a citizen of Mexico, is charged with one count of unlawfully re-entering the United States after being deported. He was found July 27, 2018, in Sedgwick County, Kan.
If convicted, he faces 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.
Sherri Byerly, 58, Great Bend, Kan., is charged with one count of fraudulently receiving Supplemental Security Income. The crime is alleged to have occurred from 2003 to 2016 in Barton County, Kan.
If convicted, she faces up to five years in federal prison and a fine up to $250,000. The Social Security Administration – OIG investigated. Assistant U.S. Attorney Jason Hart is prosecuting.
John O. Green, 52, Wichita, Kan., is charged with one count of threatening a Social Security Administration employee. The crime is alleged to have occurred June 25, 2018, in Wichita, Kan.
If convicted, he faces up to a year in federal prison and a fine up to $3,000. The Department of Homeland Security’s Federal Protective Service investigated. Assistant U.S. Attorney Matt Treaster is prosecuting.
David A. Logan, 50, Fort Scott, Kan., a contract driver for the U.S. Postal Service, is charged with stealing mail. The crimes are alleged to have occurred in 2017 and 2018 in Chanute, Kan.
If convicted, he faces up to five years in federal prison and a fine up to $250,000. The U.S. Postal Service – OIG investigated. Assistant U.S. Attorney Alan Metzger is prosecuting.
David L. Madden, 37, Alden, Kan., is charged with one count of unlawful possession of a machine gun. The crime is alleged to have occurred Feb. 22, 2017, in Rice 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 Alan Metzger is prosecuting.
William Bedell, 57, Wichita, Kan., is charged with fraudulently receiving Social Security benefits. The crime is alleged to have occurred during 2014 through 2017 in Sedgwick County, Kan.
If convicted, he faces up to 10 years in federal prison and a fine up to $250,000. The Social Security Administration – OIG investigated. Assistant U.S. Attorney Aaron Smith is prosecuting.
Jose Luis Rios-Hernandez, 24, of Guadalajara, Jalisco, Mexico, is charged with one count of possession with intent to distribute heroin. The crime is alleged to have occurred Feb. 27, 2019, in Thomas County, Kan.
If convicted, he faces a penalty of not less than five years and a fine up to $5 million. The Drug Enforcement Administration investigated. Assistant U.S. Attorney Mona Furst is prosecuting.
Uriel Ramirez-Chairez, 34, a citizen of Mexico who has been living in Wichita, is charged with one count of misusing a Social Security number, one count of aggravated identity theft, and one count of unlawfully re-entering the United States after being deported. He was found Nov. 13, 2018, in Sedgwick County, Kan.
Upon conviction, the crimes carry the following penalties:
Misuse of a Social Security number: Up to five years and a fine up to $250,000.
Aggravated identity theft: A mandatory two years (consecutive) and a fine up to $250,000.
Aggravated illegal re-entry: Up to 20 years and a fine up to $250,000.
Immigration and Customs Enforcement investigated. Assistant U.S. Attorney Aaron Smith is prosecuting.
Pablo Constantino-Zavala, 49, a citizen of Mexico, is charged with unlawfully re-entering the United States after being deported. He was found Dec. 24, 2014, in Sedgwick County, Kan.
If convicted, he faces up to two years and a fine up to $250,000. Homeland Security Investigations investigated. Assistant U.S. Attorney Aaron Smith is prosecuting.
Richard Todd Heffelman, 44, is charged with escaping from federal custody at Mirror, Inc. Halfway House in Wichita. The crime is alleged to have occurred Feb. 3, 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 Aaron Smith is prosecuting.
In all cases, defendants are presumed innocent until and unless proven guilty. The indictments merely contain allegations of criminal conduct.
Former Linn County Attorney Pleads Guilty to Thefts of Public PropertyRead the Press Release
KANSAS CITY, KAN. – The former Linn County Attorney pleaded guilty today to federal charges of stealing 350 to 500 items including electronics and equipment that belonged to the county, U.S. Attorney Stephen McAllister said today. The estimated value of the items is $75,000.
John Sutherland, 68, Mound City, who served as county attorney for approximately 20 years before leaving the job in January 2017, is charged with one count of mail fraud and one count of lying to federal investigators. The crimes are alleged to have taken place from sometime prior to January 2009 and continuing until Sutherland left office.
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. They also found that Sutherland had given some of the stolen items to his adult children.
In his plea agreement, Sutherland agreed to pay full restitution and to surrender his license to practice law. Sentencing is set for July 18. The mail fraud count carries a penalty of up to 20 years in federal prison and a fine up to $250,000. The false statement count carries a penalty of up to five years and a fine up to $250,000.
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.
Ottawa Man Sentenced for Seeking Child, Mother for SexRead the Press Release
TOPEKA, KAN. – An Ottawa man was sentenced today to 14 years in federal prison for driving to Missouri to meet what he believed was a mother who was willing to sell her 10-year-old daughter for sex, U.S. Attorney Stephen McAllister said. In addition, he was ordered to pay $5,000 to the Justice for Victims of Trafficking Act.
Michael David Mitchell, 64, Ottawa, Kan., pleaded guilty to one count of interstate travel to engage in unlawful sexual conduct. The investigation began when investigators received information that Mitchell was looking for a woman with a minor child to become his sex slaves. Mitchell communicated with an undercover investigator posing as a broker who could find Mitchell what he wanted. In his plea, Mitchell admitted that in June 2017 he drove from Ottawa, Kan., to Independence, Mo., to meet a woman he had been told was willing to make the deal. He brought money with him to pay a $5,000 finder’s fee.
McAllister commended the FBI and Assistant U.S. Attorney Christine Kenney for their work on the case.
Leavenworth Inmate Sentenced for Attack with PipeRead the Press Release
KANSAS CITY, KAN. – An inmate at Leavenworth federal prison was sentenced today to 42 months in prison for attacking another prisoner with a metal pipe, U.S. Attorney Stephen McAllister said.
Jimmy A. Eastep, Jr., 49, pleaded guilty to one count of assault with a dangerous weapon. In his plea, he admitted he was working in prison electrical shop when he attacked another inmate. Prison staff found the victim lying on the floor in a pool of blood. The victim suffered a skull fracture and other serious injuries. He was transferred to U.S. Medical Center for Federal Prisoners in Springfield, Mo.
McAllister commended the Federal Bureau of Investigation, USP Leavenworth SIS, Assistant U.S. Attorney Trent Krug and Assistant U.S. Attorney Chris Oakley for their work on the case.
Lawrence Man Sentenced to 12+ Years for Distributing Child PornographyRead the Press Release
KANSAS CITY, KAN. – A Lawrence man was sentenced today to 151 months in federal prison for distributing child pornography, U.S. Attorney Stephen McAllister said. In addition, he was ordered to pay $20,000 in restitution and a $5,000 assessment to the Justice for Victims of Trafficking Act.
Brian Fuchs, 49, Lawrence, Kan., pleaded guilty to one count of distributing child pornography. In his plea, he admitted investigators found approximately 2,000 images and 200 videos containing child pornography on his computer.
The FBI used an internet peer-to-peer file-sharing program to download child pornography from Fuchs before serving a search warrant at his home.
McAllister commended the FBI and Assistant U.S. Attorney Kim Flannigan for their work on the case.
Ohio Man Sentenced for Attempted Money LaunderingRead the Press Release
TOPEKA, KAN. – An Ohio man who was arrested in Kansas on his way to buy marijuana in Colorado was sentenced today to 12 months and a day in federal prison, U.S. Attorney Stephan McAllister said.
Julian Solorza, 37, Cincinnati, Ohio, pleaded guilty to one count of attempted money laundering. In his plea, he admitted the Kansas Highway Patrol pulled him over in Geary County, Kan. Troopers found $46,828 in cash in 41 separately banded bundles in the car. They also found two empty pieces of luggage containing traces of marijuana. Solorza admitted the cash was the proceeds derived from selling marijuana and he was on his way to Colorado to buy more.
McAllister commended the Kansas Highway Patrol, the Drug Enforcement Administration and Assistant U.S. Attorney Skip Jacobs for their work on the case.
More than 23 Pounds of Meth Sends California Man to PrisonRead the Press Release
WICHITA, KAN. – A California man was sentenced to 75 months in federal prison Monday for smuggling more than 23 pounds of methamphetamine to Kansas, U.S. Attorney Stephen McAllister said.
Juan Beltran, 28, Bell Gardens, Calif., pleaded guilty to one count of possession with intent to distribute methamphetamine. In his plea, he admitted that the Kansas Highway Patrol stopped him on I-70 in Russell County, Kan. Troopers found the drugs in the trunk of his car.
McAllister commended the Kansas Highway Patrol, the Drug Enforcement Administration and Assistant U.S. Attorney Skip Jacobs for their work on the case.
Former Wichita Policeman Pleads Guilty to Protecting Illegal Poker GamesRead the Press Release
WICHITA, KAN. – A former Wichita police officer pleaded guilty Tuesday to looking the other way for years while co-defendants made a business of operating illegal private poker games, U.S. Attorney Stephen McAllister said.
Michael Zajkowski, 51, pleaded guilty to one count of concealing a felony. In his plea, he admitted he knew about illegal private poker games in Wichita and he did not report it to authorities. On Feb. 12, 2014, one of the co-defendants suspected an undercover Wichita police officer had come to a poker game posing as a gambler. At the co-defendant’s request, Zajkowski attempted to find out whether there was a police investigation and provided information to the co-defendant.
Sentencing is set for Aug. 2. Both parties have agreed to recommend Zajkowski serve a year on federal probation. McAllister commended the FBI, the Wichita Police Department, Assistant U.S. Attorney Mona Furst and Assistant U.S. Attorney Aaron Smith for their work on the case.
Sentence: Prison for Wichita Man Convicted of Sex TraffickingRead the Press Release
WICHITA, KAN. – A Wichita man was sentenced to 25 years in federal prison today for sex trafficking, U.S. Attorney Stephen McAllister said.
Johnell Carter, 23, Wichita, Kan., pleaded guilty to two counts of sex trafficking. In his plea, he admitted he used physical force including punching and biting to make an 18-year-old woman have sex for money at Wichita hotels. He advertised her services online.
In the second count, Carter admitted recruiting a 15-year-old to perform commercial sex acts at Wichita hotels. He advertised her services online.
McAllister commended the FBI, the Wichita Police Department, the Exploited and Missing Child Unit (EMCU) and Assistant U.S. Attorney Jason Hart for their work on the case.
Kansas Man Pleads Guilty to Protecting Illegal Poker GamesRead the Press Release
WICHITA, KAN. – A Kansas man pleaded guilty Monday to trying to keep Wichita police from investigating illegal poker games, U.S. Attorney Stephen McAllister said.
Brock Wedman, 50, St. Marys, Kan., pleaded guilty to one count of concealing a felony. In his plea, he admitted he helped organize and recruit players for illegal poker games in Wichita.
On Feb. 12, 2014, Wedman was present at a poker game held at 922 1/2 E. Douglas in Wichita. Wedman did not know it, but a man he invited to play was a Wichita Police Department officer working undercover to investigate organized gambling. When Wedman became suspicious, he found the undercover officer’s car and took down the license plate and VIN numbers. Wedman gave the information to a friend who was a Wichita police officer and asked him to confirm the undercover officer’s identity.
Sentencing is set for Aug. 1. Both parties have agreed to recommend Wedman serve a year on federal probation. McAllister commended the FBI, the Wichita Police Department, Assistant U.S. Attorney Mona Furst and Assistant U.S. Attorney Aaron Smith for their work on the case.
Jury Verdict: Larned Man Was Behind Attacks on Internet Service ProviderRead the Press Release
WICHITA, KAN. – A jury today convicted a Larned man on federal charges of arranging for a series of denial of service attacks on a Kansas internet service provider, U.S. Attorney Stephen McAllister said.
The jury convicted Michael D. Golightley, 35, Larned, Kan., on seven counts of damaging a protected computer and one count of threatening to damage a computer connected to the internet.
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 six denial of service attacks, which caused Nex-Tech’s computers to become inaccessible to the public.
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.”
Sentencing is set for July 1. He faces a penalty of up to five years in federal prison and a fine up to $250,000 on each count. McAllister commended the FBI, the Hays Police Department, Assistant U.S. Attorney Alan Metzger and Assistant U.S. Attorney Ryan McCarty for their work on the case.
Indictment: Two Mexican Citizens Sold Heroin, Meth, Guns at KCK ResidenceRead the Press Release
KANSAS CITY, KAN. – Two Mexican citizens living in Kansas City, Kan., were indicted today on charges of selling heroin, methamphetamine and guns from their home, U.S. Attorney Stephen McAllister.
Pedro Daniel Torres-Caldera, 36, a citizen of Mexico, and Osmar Barraza-Caldera, 21, a citizen of Mexico, were indicted in an 18-count indictment that included charges of drug trafficking conspiracy; distribution of heroin, methamphetamine and oxycodone; unlawful possession of firearms; and maintaining a premises in furtherance of drug trafficking.
According to court documents, investigators made a series of undercover purchases from the defendants in transactions that took place at the defendants’ residence in Kansas City, Kan. On Feb. 1, 2019, for instance, an undercover officer paid the defendants $2,500 for an Anderson Manufacturing AM-15 rifle with a Spikes Tactical Launcher and a Trijicon ACOG Optic.
On March 13, 2019, investigators served a search warrant at the Locust address. They seized more than three pounds of black tar heroin and firearms.
Upon conviction, the crimes carry the following penalties:
Conspiracy: Not less than 10 years in federal prison and a fine up to $10 million.
Distribution of heroin: Not more than 20 years and a fine up to $1 million.
Distribution of more than 5 grams of methamphetamine: Not less than five years and not more than 40 years and a fine up to $5 million.
Distribution of oxycodone: Up to 20 years and a fine up to $1 million.
Possession of an unregistered firearm: Up to 10 years and a fine up to $250,000.
Alien in possession of a firearm: Up to 10 years and a fine up to $250,000.
Distribution of more than 50 grams of methamphetamine: Not less than 10 years and a fine up to $10 million.
Unlawful possession of a firearm in furtherance of drug trafficking: Not less than five years and a fine up to $250,000.
Maintaining premises in furtherance of drug trafficking: Up to 20 years and a fine up to $500,000.
The FBI and the Jackson County Drug Task Force investigated. Assistant U.S. Attorney Trent Krug and Assistant U.S. Attorney David Zabel are prosecuting.
OTHER INDICTMENTS
Tayler Charles Jones, 25, Kansas City, Kan., is charged with one count of unlawful possession of a firearm following a felony conviction. The crime is alleged to have occurred Feb. 4, 2019, in Wyandotte 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 Leon Patton is prosecuting.
Joseph M. Chavez, 33, is charged with escaping from federal custody at the Grossman Residential Reentry Center in Leavenworth, Kan. The crime is alleged to have occurred March 21, 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 Leon Patton is prosecuting.
Lionel Simpson, 21, Kansas City, Kan., is charged with seven counts of distributing crack cocaine, two counts of unlawful possession of a firearm in furtherance of drug trafficking and one count of distributing 28 grams or more of crack cocaine. The crimes are alleged to have occurred in February, March and April 2019 in Wyandotte County, Kan.
Upon conviction, the charges carry the following penalties:
Distributing crack cocaine (counts 1-5, 7 and 8): Up to 20 years in federal prison and a fine up to $1 million.
Possession of firearms in furtherance of drug trafficking (counts 6 and 10): Not less than five years consecutive to any other sentence imposed and a fine up to $250,000.
Distributing 28 grams or more of crack cocaine (count 9): Not less than five years and up to life imprisonment and a fine up to $5 million.
The Bureau of Alcohol, Tobacco, Firearms and Explosives investigated. Assistant U.S. Attorney Sheri Catani is prosecuting.
Ty Gene Stultz, 43, Shawnee, Kan., is charged with one count of possession with intent to distribute methamphetamine, one count of carrying a firearm in furtherance of drug trafficking and one count of unlawful possession of a firearm by a felon. The crimes are alleged to have occurred Oct. 12, 2018, in Wyandotte County, Kan.
Upon conviction, the crimes carry the following penalties:
Possession with intent to distribute methamphetamine: Not less than 10 years and a fine up to $10 million.
Carrying a firearm in furtherance of drug trafficking: Not less than five years and a fine up to $250,000.
Unlawful possession of a firearm following a felony conviction: Not less than 10 years and a fine up to $250,000.
The Bureau of Alcohol, Tobacco, Firearms and Explosives investigated. Assistant U.S. Attorney Kim Flannigan is prosecuting.
In all cases, defendants are presumed innocent until and unless proven guilty. The indictments merely contain allegations of criminal conduct.