District of Kansas
Press releases recorded for this federal judicial district.
Justice Department Honors Kansas Mother, Crime Victim AdvocateRead the Press Release
KANSAS CITY, KAN. – A Kansas woman who founded the Kelsey Smith Foundation after her daughter was murdered will receive an award from the U.S. Department of Justice for her outstanding service to crime victims, U.S. Attorney Stephen McAllister said today.
Missey Smith of Overland Park, Kan., will receive the Ronald Reagan Public Policy Award honoring leadership, vision and innovation to foster changes in public policy and practice that benefit crime victims.
“Missey Smith and others are building a grassroots movement in America to support and protect victims of crime,” said U.S. Attorney Stephen McAllister. “I want to thank them all.”
On June 2, 2007, Smith’s daughter, Kelsey, was abducted from a department store in Overland Park and murdered.
Smith has lobbied for the Kelsey Smith Act, a proposed federal law that would require phone companies to provide cellphone location information to law enforcement officials in an emergency.
Smith is one of 12 people and programs being honored by the Justice Department at the annual National Crime Victims’ Service Awards Ceremony in Washington, D.C., on Friday, April 12.
“Victims of crime deserve justice. This Department works every day to help them recover and to find, prosecute, and convict those who have done them harm,” said Attorney General William P. Barr. “During this National Crime Victims’ Rights Week, we pause to remember the millions of Americans who have been victims of crime and we thank public servants who have served them in especially heroic ways. This week the men and women of the Department recommit ourselves once again to ensuring that crime victims continue to have a voice in our legal system, to securing justice for them, and to preventing other Americans from suffering what they have endured.”
U.S. Attorney: Victims of Crime Deserve JusticeRead the Press Release
WICHITA, KAN. – U.S. Attorney Stephen McAllister will take part in events this month to recognize the rights of crime victims.
“Crime can have a lasting impact on any person,” McAllister said. “Our office supports communities and victim service providers as they work to help victims to face their grief, loss and fear while seeking to find hope and renewal.”
National Crime Victims’ Rights Week, April 7-13, and Take Back the Night events this month focus on victims of crime as well as those who advocate on their behalf, McAllister said.
“Take Back the Night highlights efforts by victim advocates and law enforcement to build a community that is free of the threat of sexual assault and promote an atmosphere of healing for those impacted by it.”
The U.S. Department of Justice will host the Office for Victims of Crime’s annual National Crime Victims’ Service Awards Ceremony in Washington, D.C. on April 12, 2019, to honor outstanding individuals and programs that serve victims of crime.
“Victims of crime deserve justice. This Department works every day to help them recover and to find, prosecute, and convict those who have done them harm,” said Attorney General William P. Barr. “During this National Crime Victims’ Rights Week, we pause to remember the millions of Americans who have been victims of crime and we thank public servants who have served them in especially heroic ways. This week the men and women of the Department recommit ourselves once again to ensuring that crime victims continue to have a voice in our legal system, to securing justice for them, and to preventing other Americans from suffering what they have endured."
Ohio Gamer Pleads Guilty in Swatting that Caused a DeathRead the Press Release
WICHITA, KAN. – An Ohio gamer pleaded guilty today to conspiring to set up hoax calls to Wichita police that led to what is believed to be the nation’s first death during a swatting incident, U.S. Attorney Stephen McAllister said.
Casey S. Viner, 19, North College Hill, Ohio, pleaded guilty to one count of conspiracy and one count of obstructing justice. 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 at 1033 W. McCormick in Wichita. Barriss was sentenced last week to 20 years in federal prison for making the hoax calls to Wichita police.
Police responded to 1033 W. McCormick believing they were dealing with a man who had shot his father and was holding his family at gunpoint. In fact, Gaskill no longer lived at the McCormick address he had given Viner and Barriss. Andrew Finch, who lived at the McCormick address, came outside to face police. As he stepped onto the porch, police told him to put up his hands. When he unexpectedly dropped his hands, he was shot and killed by a police officer.
In his plea, Viner admitted soliciting Barriss to swat Gaskill and providing Barriss with the McCormick address.
Viner admitted that when he learned of Finch’s death he performed a factory reset of his iPhone in an effort to destroy evidence of his communications with Barriss and Gaskill.
Sentencing is set for June 26. Both parties have agreed to recommend a sentence of two years on federal probation, including six months home confinement except for approved travel. A special condition prohibits Viner from taking part in gaming for two years. Viner’s cell phone will be subject to inspection by the U.S. Probation Office.
McAllister commended the FBI, the Wichita Police Department and his co-counsel Assistant U.S. Attorney Debra Barnett for their work on the case.
Arraignments Held for 14 Defendants on Drug Trafficking, Money Laundering ChargesRead the Press Release
KANSAS CITY, KAN. – Arraignments were held Monday in federal court in Kansas City, Kan., for some of 14 defendants charged with marijuana trafficking and money laundering, U.S. Attorney Stephen McAllister said.
A federal indictment alleges the defendants smuggled hundreds of pounds of marijuana from California and Colorado to be distributed in Kansas and laundered hundreds of thousands of dollars in drug proceeds.
Charges include drug trafficking conspiracy, money laundering, conspiracy, unlawful use of the U.S. Postal Service and maintaining a residence for the purpose of drug trafficking.
The following defendants are charged in a 25-count indictment:
Steven Martinez, 30, Rosamond, Calif.
Nickolas Vander Bruggen, 28, Hesperia, Calif.
George Garcia, 31, Rosamond, Calif.
Alonzo Cooper, 28, Kansas City, Kan.
Reginald Allen, 26, Kansas City, Kan.
Kayla Union, 22, Kansas City, Mo.
Akil Cooper, 26, Lancaster, Calif.
Marcus Joseph, 31, Lancaster, Calif.
Dominique Wilson, 24, Kansas City, Kan.
Mario Zelaya, 27, Los Angeles, Calif.
Trenton Smith, 29, Aurora, Colo.
Anthony Daniels, 58, Sacramento, Calif.
Daya Daniels, 46, Sacramento, Calif.
Barbara Haynes, 39, Littleton, Colo.
Upon conviction, the charges carry the following penalties:
Conspiracy: Not less than five years and not more than 40 years in federal prison and a fine up to $5 million.
Conspiracy to distribute marijuana: Up to five years and a fine up to $250,000.
Unlawful use of the Postal Service: Up to four years and a fine up to $250,000.
Maintaining drug-involved premises: Up to 20 years and a fine up to $500,000.
Money laundering: Up to 20 years and a fine up to $500,000.
The Kansas City, Missouri, Police Department, Internal Revenue Service Criminal Investigation Unit, U.S. Postal Inspection Service, Homeland Security Investigations, Federal Bureau of Investigation, U.S. Marshals Service, Dubuque (Iowa) Drug Task Force, Kern County (California) Sheriff’s Office and the La Habra (California) Police Department 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.
Phoenix Man Moved to Kansas City, Kan. to Run a Drug HouseRead the Press Release
KANSAS CITY, KAN. – A Phoenix man who moved to Kansas City, Kan., to run a drug house was sentenced today to 21 years in federal prison, U.S. Attorney Stephen McAllister said.
Jose A. Badilla, 35, pleaded guilty to two counts of possession with intent to distribute methamphetamine, two counts of possession with intent to distribute heroin and one count of possession of firearms in furtherance of drug trafficking.
In his plea, Badilla admitted that when investigators served a search warrant at 2812 N. 51st Street in Kansas City they found more than six pounds of heroin and two guns, including a .45 caliber pistol and a Panther Arms model AR-15 rifle.
Investigators learned Badilla moved to Kansas City from Phoenix in August 2017 and rented a house for the purpose of storing and distributing drugs. He was paid $2,000 to $2,500 every other week to keep the drugs at his residence. He said the drugs he stored were shipped from Mexico to Kansas City.
McAllister commended the Kansas Bureau of Investigation and Assistant U.S. Attorney David Zabel for their work on the case.
California Man Sentenced in Deadly Wichita Swatting CaseRead the Press Release
WICHITA, KAN. – A California man was sentenced Friday to 20 years in federal prison for making a hoax call to Wichita police that resulted in an innocent man who had no connection to the defendant or his co-conspirators being shot and killed by police, U.S. Attorney Stephen McAllister said.
Tyler Barriss, 26, Los Angeles, Calif., pleaded guilty to causing a deadly swatting incident in Wichita on Dec. 28, 2017, as well as dozens of similar crimes in which no one was injured. In those cases, Barriss pleaded guilty to charges filed in federal courts in California and the District of Columbia.
In the Wichita case, Barriss entered guilty pleas to one count of making a false report resulting in a death, one count of cyberstalking and one count of conspiracy. Barriss agreed to accept a sentence of 20-25 years as part of the plea. His counsel argued for the minimum 20, the government for the maximum 25, and the Court imposed a 20-year sentence, believed to be the longest sentence imposed for swatting or hoaxes.
“Swatting is no prank,” McAllister said. “Sending police and emergency responders rushing to anyone’s home based on utterly false information as some kind of joke shows an incredible disregard for the safety of other people.”
“I hope that this prosecution and lengthy sentence sends a strong message that will put an end to the juvenile and reckless practice of ‘swatting’ within the gaming community, as well as in any other context,” McAllister continued. “Swatting is just a terrible idea. I also hope that today’s result helps bring some peace to the Finch family and some closure to the Wichita community,” McAllister said.
In the Kansas case, Barriss admitted making hoax calls that resulted in Wichita police surrounding a house at 1033 W. McCormick. When officers arrived, they believed a man was inside who had killed his own father and was holding family members hostage. The man who came outside to face police, however, had done nothing wrong and did not know about the swatting call. As he stepped onto the porch, police told him to put up his hands. When he unexpectedly dropped his hands, he was shot and killed by a police officer.
DISTRICT OF COLUMBIA
In a case from the District of Columbia, Barriss pleaded guilty to making hoax bomb threats in phone calls to the headquarters of the FBI and the Federal Communications Commission in Washington, D.C.
CENTRAL DISTRICT OF CALIFORNIA
In a case from the Central District of California, Barriss pleaded guilty to 46 counts, including making calls with false reports that bombs were planted at high schools, universities, shopping malls and TV stations. He made the calls from Los Angeles to emergency numbers in Ohio, New Hampshire, Nevada, Massachusetts, Illinois, Utah, Virginia, Texas, Arizona, Missouri, Maine, Pennsylvania, New Mexico, New York, Michigan, Florida and Canada.
WICHITA
Two co-defendants in the Wichita case, Casey Viner, 19, North College Hill, Ohio, and Shane Gaskill, 20, Wichita, Kan., are awaiting trial.
In Barriss’ plea, he admitted he got involved with Viner and Gaskill after the two had a falling out while playing Call of Duty online. As a result, Viner, who was in Ohio, asked Barriss, who was in California, to swat Gaskill, who was in Wichita. Gaskill noticed Barriss was stalking him online. In messages over the internet, Gaskill dared Barriss to carry out the swat. Gaskill fooled Barriss, however, by claiming to live at 1033 W. McCormick. In fact, Gaskill no longer lived there.
McAllister and Assistant U.S. Attorney Debra Barnett prosecuted the Kansas case. McAllister commended the FBI, the Sedgwick County Sheriff’s Office and the Wichita Police Department for their work on the Kansas case. In the Middle District of California, Assistant U.S. Attorney George Emel Pence, IV, prosecuted. In the District of Columbia, Assistant U.S. Attorney Luke Matthew Jones prosecuted.
Charges Filed in Bank Robberies in Which Shots Were FiredRead the Press Release
KANSAS CITY, KAN. – Two Kansas men were charged today with a pair of bank robberies in which shots were fired and robbers wore Black Panther and Venom masks, U.S. Attorney Stephen McAllister said today.
Michael Shiferaw, 20, Olathe, Kan., and Kenya Breakfield, 21, Olathe, Kan., were charged with two counts of bank robbery. They were charged with an Oct. 31, 2018, robbery at Wells Fargo Bank in Leawood, Kan., and a March 27, 2019, robbery at Commerce Bank in Roeland Park, Kan.
Wells Fargo robbery
According to documents filed in federal court in Kansas City, Kan., two robbers entered the Wells Fargo Bank at 2000 West 103rd in Leawood carrying guns and wearing masks that looked like the comic book and movie character Venom. Both robbers were carrying guns and threatened bank employees. Before leaving with cash, one of the robbers fired a round from his handgun into the ceiling.
Commerce Bank Robbery
At Commerce Bank, a single robber entered the building wearing a Black Panther mask. During the robbery, he fired a total of four shots while giving orders to bank employees. When he left the bank, he got into a small, black, four-door car.
Investigation
On March 27, agents set up surveillance at a house in the 1700 block of Lindenwood in Olathe where they spotted the defendants. Agents followed the defendants as they drove to Shiferaw’s residence in the 12000 block of Meadow Lane in Olathe. Later that day, Olathe Police responded to a report of a domestic disturbance at the house. The defendants were arrested with a black backpack full of currency and a handgun.
It is alleged that Breakfield took part in the first robbery and drove the getaway car in the second robbery. The defendants purchased the masks at a Spencers gift store.
If convicted, the defendants face up to 25 years in federal prison and a fine up to $250,000 on each count. Investigators included the FBI, Leawood Police Department, the Olathe Police Department, the Kansas City Police Department and the Johnson County Sheriff’s Office. 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.
Outstanding Women Have Served in U.S. Attorney’s OfficeRead the Press Release
WICHITA, KAN. – Outstanding women have served with distinction at the U.S. Attorney’s Office, U.S. Attorney Stephen McAllister said today in observance of Women’s History Month.
“In Kansas, we have been honored to serve with a long line of talented and dedicated women,” McAllister said. “They have excelled in their field and paved the way to success for other women.”
Mary Beck Briscoe served as an Assistant U.S. Attorney from 1974 to 1984 in the District of Kansas, and then joined the Kansas Court of Appeals, eventually serving as that court’s Chief Judge. She has served on the U.S. Court of Appeals for the Tenth Circuit since 1995.
Karen Humphreys served as an Assistant U.S. Attorney from 1978 to 1983. She was appointed U.S. Magistrate Judge in 1993, serving until she retired in 2015.
Janice Miller Karlin served as an Assistant U.S. Attorney from 1980 to 2002. She went on to become a U.S. Bankruptcy judge, serving until she retired in 2018.
Julie Robinson served as an Assistant U.S. Attorney from 1983 to 1993. From 1992 to 1994 she served as Senior Litigation Counsel in the U.S. Attorney’s office. In 1994, she was appointed as a bankruptcy judge. In 2001, she became the first African American woman appointed to the U.S. District Court in Kansas, and she currently serves as Chief Judge of that court.
Karen Arnold-Burger served as an Assistant U.S. Attorney from 1989 to 1991, when she was appointed to the Kansas Court of Appeals. She is now Chief Judge of that court.
Nancy Moritz served as an Assistant U.S. Attorney from 1995 to 2004, and then served on the Kansas Court of Appeals and the Kansas Supreme Court. In 2014, she took a seat on the U.S. Court of Appeals for the Tenth Circuit.
Today, women make about half the employees of the U.S. Attorney’s office in Kansas, including 13 attorneys and 37 members of the support team.
Morris County Man Sentenced on Child Porn ChargesRead the Press Release
TOPEKA, KAN. - A Morris County man was sentenced Monday to eight years in federal prison for downloading child pornography from the internet, U.S. Attorney Stephen McAllister said. In addition, he was ordered to pay $29,000 in restitution to victims.
Wesley Wagner, 54, White City, Kan., was convicted in October 2018 on one count of receiving child pornography and one count of possessing child pornography.
During trial, the prosecutor presented evidence that the FBI seized a server belonging to a now-defunct website called Playpen that provided users access to child pornography. The FBI used computer forensics to identify hundreds of the site’s users, including Wagner. Based on that information, the FBI obtained a warrant to search the defendant’s home.
McAllister commended the FBI and Assistant U.S. Attorney Christine Kenney for their work on the case.
Indictment: Troopers Found 50+ Pounds of Meth Hidden in CarRead the Press Release
WICHITA, KAN. – A California man was indicted Tuesday on a federal charge of smuggling more than 50 pounds of methamphetamine into Kansas, U.S. Attorney Stephen McAllister said.
Jesus Antonio Garcia-Maldonado, 36, Panorama City, Calif., is charged with one count of possession with intent to distribute approximately 23 kilograms of methamphetamine. Garcia-Maldonado was stopped for a traffic violation in Clark County, Kan. Officers found the drugs under the seats and hidden in rear quarter panels of the car. The car was rented in San Diego, Calif.
If convicted, he faces not less than 10 years in federal prison and a fine up to $10 million. The Clark County Sheriff’s Office and the Drug Enforcement Administration investigated. Assistant U.S. Mona Furst is prosecuting.
OTHER INDICTMENTS
Edgar Santiago, 31, Fontana, Calif., and Alyssa Kysha Gomez, 29, Adelanto, Calif, is charged with one count of possession with intent to distribute methamphetamine. The crime is alleged to have occurred Jan. 16, 2019, in Geary County, Kan.
If convicted, he faces a penalty of not less than 10 years in federal prison and a fine up to $4 million. The Drug Enforcement Administration investigated. Assistant U.S. Attorney Mona Furst is prosecuting.
Keayon M. Hadley, 41, Independence, Kan., is charged with two counts of unlawful possession of a firearm by a convicted felon. The crimes are alleged to have occurred Feb. 19, 2019, in Wichita, Kan.
If convicted, he faces up to 10 years in federal prison and a fine up to $250,000 on each count. The Kansas Bureau of Investigation investigated. Assistant U.S. Attorney Lanny Welch is prosecuting.
Daniel Wood, 29, is charged with one count of unlawful possession of a firearm by a convicted felon and one count of unlawful possession of a sawed off shotgun. The crimes are alleged to have occurred Feb. 23, 2019, in Wichita, Kan.
If convicted, he faces up to 10 years in prison and a fine on each count. The Bureau of Alcohol, Tobacco, Firearms and Explosives investigated. Assistant U.S. Attorney Lanny Welch is prosecuting.
Simon Rochel-Cervantes, 46, a citizen of Mexico, is charged with unlawfully re-entering the United States after being deported. He was found March 5, 2019, in Sedgwick County, Kan.
If convicted, he faces up to two years in federal prison and a fine up to $250,000. Immigration and Customs Enforcement HSI investigated. Assistant U.S. Attorney Aaron Smith is prosecuting.
Jacob E. Silcott, 29, Wichita, Kan., is charged in a superseding indictment with one count of unlawful possession of a sawed off shotgun, one count of unlawful possession of a firearm by a convicted felon, and one count of unlawful possession of ammunition by a convicted felon. The crimes are alleged to have occurred in May and December 2018 in Wichita, Kan.
If convicted, he faces up to 10 years in federal prison and a fine on each count. The Bureau of Alcohol, Tobacco, Firearms and Explosives investigated. Assistant U.S. Attorney Alan Metzger is prosecuting.
In all cases, defendants are presumed innocent until and unless proven guilty. The indictments merely contain allegations of criminal conduct.
Atchison Man Sentenced for Trafficking in MethamphetamineRead the Press Release
KANSAS CITY, KAN. - An Atchison man was sentenced Monday to nine years in federal prison for trafficking in methamphetamine, U.S. Attorney Stephen McAllister said.
Earnest Preston Crawford, III, 30, Atchison, Kan., pleaded guilty to possession with intent to distribute methamphetamine. In his plea, Crawford admitted that investigators arranged to make a series of controlled buys from Crawford at his residence in the 600 block of North 10th Street in Atchison.
Investigators learned Crawford was getting his methamphetamine from members of the Satan’s Disciples street gang. He was regularly purchasing pounds of methamphetamine for $6,000 to $10,000.
McAllister commended the Atchison Police Department, the Kansas Bureau of Investigation, the Drug Enforcement Administration and Assistant U.S. Attorney Trent Krug for their work on the case.
Ottawa Man Pleads Guilty to Seeking Child for SexRead the Press Release
TOPEKA, KAN. – An Ottawa man pleaded guilty Tuesday to a federal charge that he drove 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.
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 who he could make 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.
Sentencing is set for April 24. He faces up to 30 years in federal prison and a fine up to $250,000. McAllister commended the FBI and Assistant U.S. Attorney Christine Kenney for their work on the case.
Former Wichita Lawyer Pleads Guilty to EmbezzlementRead the Press Release
WICHITA, KAN. – A former lawyer in Wichita pleaded guilty Monday to a federal embezzlement charge, U.S. Attorney Stephen McAllister said.
Christopher O’Brien, 69, Wichita, Kan., pleaded guilty to one count of embezzlement from an estate. In his plea, O’Brien admitted he embezzled more than $132,000 from the bankruptcy estate of Roger L. and Maria K. Altis while he was representing the couple.
O’Brien voluntarily surrendered his license to practice law in Kansas. In his plea, he agreed to an order of restitution for more than $728,000, including the Altis case and two others.
Sentencing is set for June 3. He faces a penalty of up to five years. McAllister commended the FBI and Assistant U.S. Attorney David Lind for their work on the case.
Former Credit Union President Pleads Guilty to EmbezzlementRead the Press Release
TOPEKA, KAN. –A former president of a credit union in Topeka pleaded guilty today to a federal charge of embezzlement, U.S. Attorney Stephen McAllister said.
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 is limited to government employees.
Kent agreed to a restitution amount of approximately $39,895.
Sentencing is set for June 25. She faces a penalty of up to 30 years and a fine up to $1 million.
McAllister commended the Topeka Police Department and Assistant U.S. Attorney Rich Hathaway for their work on the case.
Wichita Street Gang Member Sentenced for Federal Firearm ViolationRead the Press Release
WICHITA, KAN. – A Wichita street gang member with a prior felony conviction for robbery was sentenced Wednesday to 17 months in federal prison for possessing a firearm, U.S. Attorney Stephen McAllister said.
Adonis W. Freeman, also known as Ad Koli, 32, Wichita, Kan., pleaded guilty to one count of unlawful possession of a firearm by a convicted felon. Freeman, a documented member of the Bloods, admitted in his plea that he had a Glock Model 27 handgun on the floor next to him when agents served a search warrant at his residence. Evidence in support of the search warrant included a video on social media in which Freeman was seen with a gun sticking out of his pocket.
McAllister commended the Wichita Police Department, the FBI and Assistant U.S. Attorney Lanny Welch for their work on the case.
Oklahoma Man Sentenced for Trafficking More than 20 Pounds of MethRead the Press Release
WICHITA, KAN. – An Oklahoma man was sentenced today to 108 months in federal prison for trafficking more than 20 pounds of methamphetamine, U.S. Attorney Stephen McAllister said.
Guillermo D. Andrade, 23, Oklahoma City, Okla., pleaded guilty to one count of possession with intent to distribute methamphetamine. In his plea, he admitted he drove from California to Kansas accompanying another car that was carrying methamphetamine. When the Kansas Highway Patrol stopped the other car and searched it, troopers found more than 20 pounds of methamphetamine. Andrade admitted he arranged to transport the methamphetamine from California to Oklahoma, where he planned to sell it.
McAllister commended the Kansas Highway Patrol and Assistant U.S. Attorney Mona Furst for their work on the case.
Indictment: Male Enhancement Pills Were Not “All Natural Herbal Supplements’Read the Press Release
KANSAS CITY, KAN. – A Kansas man was indicted today on charges of importing and selling misbranded pharmaceutical-grade erectile dysfunction drugs from China that were marketed as herbal remedies for men, U.S. Attorney Stephen McAllister said.
Rick Shepard, 59, Overland Park, Kan., is charged with one count of conspiracy and one count of introducing misbranded drugs into interstate commerce. The indictment alleges Shephard wholesaled dietary supplements under the label name “Euphoric” to adult novelty stores in multiple states.
The supplements were marketed as “all-natural, herbal supplements for male enhancement.” The label on the products did not reveal that the supplements contained Tadalafil and Sildenafil, pharmaceutical ingredients in FDA-approved prescription drugs Viagra and Cialis. The FDA has determined those drugs are safe to use only under a licensed practitioner’s care because of the possibility of toxicity, life-threatening drops in blood pressure and painful erections that could result in permanent injury.
The indictment alleges Shepard purchased the drugs from a supplier in China. He had the drugs delivered to private shipping and mailing stores throughout the country and then forwarded to him in Kansas. The packages were labeled “healthy food samples.”
If convicted, he faces up to five years in federal prison and a fine up to $250,000 on the conspiracy count and up to three years and a fine up to $250,000 on the misbranding count. The Food and Drug Administration investigated. Assistant U.S. Attorney Jabari Wamble is prosecuting.
OTHER INDICTMENTS
Indictment: Defendants Sold Counterfeit Computer Batteries, Accessories
Raymond Edwards, 50, and Renata Edwards, 58, both of Overland Park, Kan., are charged with conspiracy to traffic in counterfeit trademark goods and labels (count one), trafficking in counterfeit trademark goods (counts 2 through 22), trafficking in counterfeit trademark labels (counts 23 through 27) and mail fraud (counts 28 through 42). The crimes are alleged to have occurred during 2011 through 2015 in Johnson County, Kan.
The government is seeking a forfeiture of more than $429,500, representing the proceeds of the mail fraud, and $1 million, representing the proceeds of trafficking in counterfeit trademark goods.
The indictment alleges the defendants sold computer batteries and accessories under the names Quintic LLC, Synaglobe, Genesis Batteries, Battery Fox and Tech Rover. The indictment alleges the defendants sold counterfeit goods with labels identifying them as computer products sold by Apple, Dell, Hewlett-Packard, Samsung, Sony and others.
Upon conviction, the crimes carry the following penalties:
Count one, counts two through 22 and counts 23 through 27: Up to 10 years in federal prison and a fine up to $2 million.
Counts 28 through 42: Up to 20 years and a fine up to $250,000.
The FBI, the U.S. Postal Inspection Service and the Johnson County District Attorney’s Office investigated. Assistant U.S. Attorneys Chris Oakley and Scott Rask are prosecuting.
Torrey Vashon Banks, 41, Denver, Colo., is charged with unlawful possession of a firearm and ammunition by a convicted felon. The crime is alleged to have occurred April 6, 2018 in in Topeka, 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.
Tyrone Sanders, 62, Aurora, Colo., is charged with one count of unlawful possession of a firearm and ammunition by a convicted felon. The crime is alleged to have occurred Aug. 6, 2018, 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.
Christian A. Hernandez-Calixto, 41, who is not a citizen of the United States, is charged with unlawfully re-entering the United States after being deported. He was found Feb. 21, 2019, in Manhattan, KS.
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 Stephen Hunting is prosecuting.
Edith Rodriguez-Valdez, 22, who is not a citizen of the United States, is charged with unlawfully re-entering the United States after being deported. She was found Feb. 21, 2019 in Manhattan, Kan.
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 Stephen Hunting is prosecuting.
Guiber Javier Garcia, 32, a citizen of Mexico, is charged with unlawfully re-entering the United States after being deported. He was found Sept. 24, 2018, in Butler 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.
Marquez Thomas, 20, who is in federal custody, is charged in a superseding indictment with possession with intent to distribute marijuana (counts one and three), possession of a firearm in furtherance of drug trafficking (counts two and four). The crimes are alleged to have occurred in February and March 2019 in Shawnee County, Kan.
Upon conviction, the crimes carry the following penalties:
Counts one and three: up to five years in federal prison and a fine up to $250,000.
Counts two and four: Possession of a firearm in furtherance of drug trafficking: Not less than five years and a fine up to $250,000.
The FBI investigated. Assistant U.S. Attorney Jared Maag is prosecuting.
Monte Alford, 25, Wichita, Kan., is charged with possession with intent to distribute methamphetamine (count one), possession with intent to distribute (heroin), unlawful possession of a firearm in furtherance of drug trafficking (counts three and seven), unlawful possession of a firearm by a convicted felon (counts four, eight and ten), unlawful possession of a stolen firearm (count five) and possession with intent to distribute methamphetamine (count six). The crimes are alleged to have occurred November and December 2018 and March 2019, in Sedgwick County, Kan.
Upon conviction, the crimes carry the following penalties:
Count one: Up to 40 years in federal prison and a fine up to $5 million.
Count two: Up to 20 years and a fine up to $1 million.
Counts three and seven: Not less than five years and a fine up to $250,000.
Counts four, five, eight and ten: Up to 10 years and a fine up to $250,000.
Count six: Not less than 10 years and a fine up to $10 million.
The Bureau of Alcohol, Tobacco, Firearms and Explosives investigated. Assistant U.S. Attorney Matt Treaster is prosecuting.
Jose Luis Cortes-Diaz, 29, Kansas City, Mo., is charged with one count of making a false statement on a passport and one count of falsely stating he is a citizen of the United States. The crimes are alleged to have occurred in 2016 in Johnson County, Kan.
If convicted, he faces up to 10 years in federal prison and a fine up to $250,000 on the first count and up to three years and a fine up to $250,000 on the second count. The Diplomatic Security Service of the U.S. State Department investigated. Assistant U.S. Attorney Jabari Wamble is prosecuting.
In all cases, defendants are presumed innocent until and unless proven guilty. The indictments merely contain allegations of criminal conduct.
Former Kansas EMT Sentenced for Stealing Morphine from VialsRead the Press Release
WICHITA, KAN. – A former EMT in Jackson County, Kan., was sentenced Tuesday to five years on federal probation for stealing morphine from vials, U.S. Attorney Stephen McAllister said. One condition of his release is he not engage in any occupation that would give him access to controlled substances without prior approval from his probation officer. He also must complete an approved substance abuse program.
Colby W. VanWagoner, 33, Mayetta, Kan., pleaded guilty to one count of obtaining a controlled substance by deception and one count of making a false statement during an investigation.
The crimes took place while VanWagoner was working for the Jackson County Emergency Medical Service in Holton, Kan. In his plea, VanWagoner admitted he tampered with vials of morphine sulfate. He replaced morphine with saline solution and put the vials back into narcotic boxes on ambulances and in office stocks. Tests showed the concentration of morphine in vials that had been tampered with was low as 1 percent or less. The concentration of morphine should have been 100 percent.
McAllister commended the Food and Drug Administration – Office of Criminal Investigations and Assistant U.S. Attorney Debra Barnett for their work on the case.
Topeka Man Sentenced for Robbing Credit UnionRead the Press Release
TOPEKA, KAN. – A Topeka man was sentenced today to five years in federal prison for robbing a local credit union, U.S. Attorney Stephen McAllister said.
Robert Charles Frazier, 63, Topeka, Kan., pleaded guilty to one count of robbery. In his plea, he admitted that on Aug. 20, 2018, he robbed the Azura Credit Union at 1129 S. Kansas Avenue in Topeka. He told a teller, “This is a robbery. Give me your twenties, fifties and hundreds.” After receiving the money, he left the building and sat down on a nearby wall. An off-duty Topeka police officer working security arrested him.
McAllister commended the Topeka Police Department, the FBI and Assistant U.S. Attorney Jared Maag for their work on the case.
Miami County Man Sentenced for Distributing Child PornRead the Press Release
KANSAS CITY, KAN. – A Miami County man was sentenced Monday to nine years in federal prison on child pornography charges, U.S. Attorney Stephen McAllister said.
William Bresee, 32, Fontana, Kan., pleaded guilty to three counts of distributing child pornography and one count of possessing child pornography. At sentencing, the prosecutor told the court Bresee admitted that federal agents downloaded child pornography from his computer using an online file sharing program. Bresee was a staff member at Lakemary Center in Paola, Kan., working an overnight shift when investigators tracked child pornography to an IP address at the center. Breesee no longer works there.
McAllister commended Homeland Security Investigations (HSI) and Assistant U.S. Attorney Kim Flannigan for their work on the case.
Wichita Doctor Sentenced to Life for Diverting Rx Drugs to the StreetsRead the Press Release
WICHITA, KAN. - Wichita physician Steven R. Henson was sentenced today to life in federal prison for unlawfully distributing prescription drugs, U.S. Attorney Stephen McAllister said.
“I want this case to send a message to physicians and the health care community,” McAllister said. “Unlawfully distributing opioids and other controlled substances is a federal crime that could end a medical career and send an offender to prison.”
McAllister continued: “We are dealing with an epidemic. Nationwide, more than 70,000 Americans died in 2017 from drug overdoses. That is more than all the American casualties during the war in Vietnam.”
Henson, 57, operated the Kansas Men’s Clinic at 3636 N. Ridge Road in Wichita, stood trial in October and was convicted on the following counts:
- Conspiracy to distribute prescription drugs outside the course of medical practice (Counts 1 and 2).
- Unlawfully distributing oxycodone (Counts 3 through 14).
- Unlawfully distributing oxycodone, methadone and alprazolam (Count 16).
- Unlawfully distributing methadone and alprazolam, the use of which resulted in the death of a victim on July 24, 2015, identified in court records as N.M. (Count 17)
Presenting false patient records to investigators (Count 19). - Obstruction of justice (Count 20)
- Money laundering (Counts 26 through 31).
Evidence at trial showed Henson was giving dangerous, maximum strength opioid prescriptions to people who did not need them.
Henson was registered with the Drug Enforcement Administration to dispense prescription controlled substances. His registered addresses included the Wichita Men’s Clinic and a location at 1861 N. Rock Road, Suite 201.
During trial, prosecutors presented evidence that Henson:
- Wrote prescriptions without a medical need.
- Wrote prescriptions in return for cash.
- Post-dated prescriptions.
- Wrote prescriptions without a legitimate medical exam.
- Wrote prescriptions for people other than the ones who came to see him.
U.S. District Judge J. Thomas Marten wrote in an order denying the defendant’s motion for acquittal: “The defendant kept no medical records, performed no physical examinations or physical tests, gave massive amounts of opioids to patients with little demonstrated need, wrote unneeded, non-controlled prescriptions in order to defeat pharmacy limits on controlled substances, and knew that patients were traveling improbably long distances to receive opioids. There was ample evidence that Henson was prescribing opioid medications in amounts likely to lead to addiction, and in amounts so expensive that the patients would likely be forced by economic circumstances to support their addiction by selling some of the drugs to others.”
The judge criticized Henson for deliberately not confronting the fact his patients were addicts. He had a uniform, scripted colloquy with patients in which he asked them if they had pain, they said yes and then he gave them prescriptions. In that way, he avoided asking more questions or ordering more tests. Marten called it, “a pantomime of a genuine doctor-patient relationship (that) demonstrated a consistent policy of avoiding the truth.”
Evidence presented at trial showed Henson prescribed opioid medications in amounts likely to lead to addiction and ignored the risk that his patients would pay for their drugs by selling some of the drugs to other people.
McAllister said: “The prosecution of cases involving a health professional’s misuse of medical expertise and authority is extremely important to fight the opioid epidemic. The vast majority of health care providers are people of integrity who follow their oath to help others, abide by the law, and do all they can to protect patients from becoming addicted. The evidence showed that is not what Dr. Henson did in this case.”
“For any doctors, pharmacists or nurses who disregard their oath and distribute powerful drugs illegally to enrich themselves, the message today is that they will be prosecuted to the full extent allowed by federal law.”
McAllister comended the Drug Enforcement Administration’s Tactical Diversion Squad, the Newton Police Department, the Wichita Police Department, the Internal Revenue Service-Criminal Investigation Division investigated, the Johnson County Sheriff’s Office, Assistant U.S. Attorney Mona Furst and Assistant U.S. Attorney Kimberly Rodebaugh for their work on the case.
Russian Woman Convicted of Parental Kidnapping, ExtortionRead the Press Release
WICHITA, KAN. – A jury returned guilty verdicts today in the federal trial of a Russian-born woman accused of unlawfully taking her child out of the United States and keeping the child away from the child’s father in Kansas, U.S. Attorney Stephen McAllister said.
Bogdana Alexandrovna Mobley, 38, was found 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.
Sentencing is set for May 20. She faces up to three years in federal prison on the kidnapping charge and up to 20 years on the extortion counts. The FBI investigated. Assistant U.S. Attorney Jason Hart is prosecuting.
Indictment: Two Kansas Companies at Fault for Toxic Cloud over Atchison in 2016Read the Press Release
TOPEKA, KAN. – Two Kansas companies were indicted today on federal charges of safety violations that caused a greenish-yellow toxic chlorine gas cloud to form over the city of Atchison in October 2016, U.S. Attorney Stephen McAllister said. A web page, a phone line and an email address have been set up for victims to provide and receive information on the case.
The indictment alleges more than 140 people sought medical attention after 4,000 gallons of sulfuric acid combined with 5,800 gallons of sodium hypochlorite to form a toxic cloud that covered the city for 45 minutes until emergency personnel arrived to turn off the flow.
Midwest Grain Products, Inc., of Atchison, Kan., and Harcros Chemicals, Inc., of Kansas City, Kan., are charged with Clean Air Act violations that put the public in danger.
The indictment alleges that on Oct. 21, 2016, a driver for Harcros pulled a truck into Midwest Grain’s facility in Atchison to deliver sulfuric acid. An operator for Midwest Grain helped the driver access the transfer equipment. When the driver mistakenly connected the sulfuric acid line to the sodium hypochlorite line, toxic gas began to form. The indictment alleges both men violated safety rules by failing to verify that the connection was correct and failing to monitor the transfer.
ictims can get more information on US v. Midwest Grain Products, Inc., by visiting https://www.justice.gov/usao-ks/victim-witness and filling out a victim questionnaire, leaving a message on a designated phone line at 913-551-6543 or emailing questions to [email protected] .
If convicted, the defendant companies face the following penalties:
- Count one, violation of general duty clause: A fine up to $500,000.
- Count two, knowingly releasing a hazardous pollutant: A fine up to $1 million.
- Count three (alternate to count two), negligently releasing a hazardous pollutant: A fine up to $200,000.
The Environmental Protection Agency investigated. Assistant U.S. Attorney Rich Hathaway is prosecuting.
OTHER INDICTMENTS
Anderson Eduardo Seijas Chavez, 29, Miami, Fla., Angel A. Betancourt-Rodriguez, 23, Miami, Fla., and Carlos Alberto Campos-Rojas, 28, Summerfield, Fla., are charged with one count of conspiracy to create and use counterfeit credit and debit cards (count one). In addition, Chavez and Rojas are charged with one count of unlawfully possessing an ATM skimming device and a pinhole camera for the purpose of making counterfeit cards (count two) and one count of aggravated identity theft (count three). The crimes are alleged to have occurred in September and October 2018 in Johnson County, Kan.
If convicted, the face up to five years in federal prison and a fine up to $250,000 on count one, up to 10 years and a fine up to $250,000 on count two and not less than two years (consecutive) and a fine up to $250,000 on count three.
The U.S. Secret Service investigated. Assistant U.S. Attorney Chris Oakley is prosecuting.
Chris Lewis II, 26, Kansas City, Kan., is charged with three counts of distributing crack cocaine (counts one through three), one count of possession with intent to distribute marijuana (count four), one count of unlawful possession of a firearm in furtherance of drug trafficking (count five) and one count of unlawful possession of a firearm by a fugitive from justice (count six). The crimes are alleged to have occurred in December 2018 and January 2019 in Wyandotte County, Kan.
Upon conviction, the crimes carry the following penalties:
- Counts one through three: Up to 20 years in federal prison and a fine up to $1 million.
- Count four: Up to five years and a fine up to $250,000.
- Count five: Not less than five years and a fine up to $250,000.
- Count six: Up to 10 years and a fine up to $250,000.
The FBI and the Kansas City, Kan., Police Department investigated. Assistant U.S. Attorney Scott Rask is prosecuting.
Ryan Hawley, 29, who is in custody, is charged with one count of unlawful possession of a firearm by a convicted felon. The crime is alleged to have occurred Feb. 14, 2019, in Shawnee County, Kan.
If convicted, he faces up to 10 years in federal prison and fine up to $250,000. The Bureau of Alcohol, Tobacco, Firearms and Explosives and the Topeka Police Department investigated. The U.S. Marshals Service, and the Kansas Highway Patrol Assisted in his arrest. Assistant U.S. Attorney Skip Jacobs is prosecuting.
Maria Alonso-Espinoza, 29, a citizen of Mexico, is charged with one count of distributing methamphetamine. The crime is alleged to have occurred Feb. 26, 2019.
According to court documents, the Kansas Highway Patrol stopped Alonso-Espinoza’s vehicle on I-70 in Russell County and found 21 pounds of methamphetamine
If convicted, she faces a penalty of not less than 10 years and a fine up to $10 million. The Drug Enforcement Administration investigated. Assistant U.S. Attorney Mona Furst 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 Distributing Child PornographyRead the Press Release
KANSAS CITY, KAN. – A Kansas City, Kan., man who told investigators he had been viewing child pornography online for decades was sentenced today to 10 years in federal prison, U.S. Attorney Stephan McAllister said.
David Lehman, 51, Kansas City, Kan., pleaded guilty to one count of receiving and distributing child pornography. In his plea, Lehman admitted that an investigator used a peer-to-peer file-sharing program to download child pornography from Lehman’s computer. The National Center for Missing and Exploited Children identified more than 6,000 images and 83 videos containing images of victims who investigators previously had identified.
In his plea agreement, Lehman agreed to pay $2,000 in restitution to each of nine identified victims.
McAllister commended the FBI and Assistant U.S. Attorney Kim Flannigan for their work on the case.
Hays Woman Pleads Guilty to Mail Fraud in Dispute over WillRead the Press Release
WICHITA, KAN. – A Kansas woman pleaded guilty today to mail fraud in a scheme to make it appear that when her employer died he left half his estate to her, U.S. Attorney Stephen McAllister said.
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 of 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.
Sentencing is set for May 29. Both parties have agreed to recommend Oborny be sentenced to a year on federal probation and ordered to pay $1,200 to the university. McAllister commended the FBI and Assistant U.S. Attorney Debra Barnett for their work on the case.
Wichita Man Indicted on Carjacking, Firearm and Drug ChargesRead the Press Release
WICHITA, KAN. – A federal grand jury today indicted a Wichita man on carjacking and federal firearms charges, U.S. Attorney Stephen McAllister said.
Michael D. Stumbaugh, 39, Wichita, Kan., was charged with one count of carjacking, two counts of unlawful possession of a firearm by a convicted felon, 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 in furtherance of carjacking.
The carjacking is alleged to have occurred Jan. 28, when Wichita police reported a man pointed a handgun at a 70-year-old driver in the 8000 block of East Dresden and stole a 2011 Ford F-150.
The indictment alleges that when Stumbaugh was taken into custody on Feb. 7 he possessed methamphetamine and a gun.
Upon conviction, the crimes carry the following penalties:
Carjacking: Up to 15 years in federal prison and a fine up to $250,000.
Unlawful possession of a firearm by a convicted felon: Up to 10 years and a fine up to $250,000.
Unlawful possession of a firearm in furtherance of a carjacking and/or drug trafficking: Not less than five years and a fine up to $250,000.
Possession with intent to distribute methamphetamine: Up to 20 years and a fine up to $1 million.
The Wichita Police Department and the FBI investigated. Assistant U.S. Attorney Lanny Welch is prosecuting. This case is being prosecuted under the Department of Justice’s Project Safe Neighborhood initiative.
OTHER INDICTMENTS
Ashley Ushamba, 33, Overland Park, Kan., Boniface Frank Nyamayaro, 51, Overland Park, Kan., and Zviravirwa Jehu Rubaba, 27, Dallas, Texas, are charged with one count of conspiracy to commit wire fraud (count one) and mail fraud. In addition, Ushamba is charged with six counts (counts two through seven) of wire fraud, and six counts (counts eight through 13) of aggravated identity theft, two counts (counts 14 and 15) of theft of government funds and one count (count 16) of access device fraud. In addition, Nyamayaro is charged with six counts of aggravated identity theft (counts 8 through 13). The crimes are alleged to have occurred during 2012 through 2014 in Johnson County, Kan.
The indictment alleges the defendants conspired to steal the identities of their victims and to file fraudulent income tax returns using the victims’ identities. The indictment alleges the defendants unlawfully received tax refunds in the form of prepaid debit cards.
Upon conviction, the crimes carry the following penalties:
Count one: Up to 20 years in federal prison and a fine up to $250,000.
Counts two through seven: Up to 20 years in federal prison and a fine up to $250,000.
Counts eight through 13: Not less than two years, consecutive to other sentences on other counts.
Counts 14 and 15: Up to 10 years and a fine up to $250,000.
Count 16: Up to 10 years and a fine up to $250,000.
The Internal Revenue Service investigated. Assistant U.S. Attorney Chris Oakley is prosecuting.
Colby D. Elsasser, 26, Arlington, Kan., is charged with one count of unlawful possession of a firearm and ammunition by a convicted felon (count one), one count of unlawful possession of a firearm and ammunition by a user of a controlled substance (count two), one count of unlawful possession of a rifle with a sawed off barrel (count three) and one count of unlawful possession of a silencer (count four). The crimes are alleged to have occurred Nov. 4, 2018, in Rice County, Kan.
If convicted, he faces penalties of up to 10 years in federal prison and a fine up to $250,000 on each count. The Bureau of Alcohol, Tobacco, Firearms and Explosives investigated. Assistant U.S. Attorney David Lind is prosecuting.
Manuel Herrera-Sandoval, 33, who is a citizen of Mexico, is charged with unlawfully re-entering the United States after being deported. He was found Jan. 29, 2019, in Sedgwick County, Kan.
If convicted, he faces up to two years in federal prison and a fine up to $250,000. Homeland Security Investigations investigated. Assistant U.S. Attorney David Lind is prosecuting.
Suhail Rosales-Antelo, 42, a citizen of Mexico, is charged with unlawfully re-entering the United States after being deported. She was found Feb. 8, 2019, in Ellsworth County, Kan.
If convicted, she faces up to two years in federal prison and a fine up to $250,000. Homeland Security Investigations investigated. Assistant U.S. Attorney David Lind is prosecuting.
Luis Conteras-Mata, 38, a citizen of Mexico, is charged with unlawfully re-entering the United States after being deported. He was found Jan. 24, 2019, in Rawlins County, Kan.
If convicted, he faces up to two years in federal prison and a fine up to $250,000. Homeland Security Investigations investigated. Assistant U.S. Attorney David Lind is prosecuting.
Francisco Rojas-Huerta, 27, a citizen of Mexico, is charged with unlawfully re-entering the United States after being deported. He was found Jan. 26, 2019, in Sedgwick County, Kan.
If convicted, he faces up to two years in federal prison and a fine up to $250,000. Homeland Security Investigations investigated. Assistant U.S. Attorney David Lind is prosecuting.
Jaime Alberto Pineda-Ortega, 38, a citizen of Mexico, is charged with unlawfully re-entering the United States after being deported. He was found Feb. 14, 2019, in Ellsworth County, Kan.
If convicted, he faces up to two years in federal prison and a fine up to $250,000. Homeland Security Investigations investigated. Assistant U.S. Attorney David Lind is prosecuting.
Brian L. Mitchell, 39, Wichita, Kan., is charged with unlawful possession of a firearm by a convicted felon. The crime is alleged to have occurred Jan. 23, 2019, in Wichita, Kan.
If convicted, he faces up to 10 years in federal prison and a fine up to $250,000. The FBI investigated. Assistant U.S. Attorney Ryan McCarty is prosecuting.
Bryan Dias, 19, and Brandon Garcia, 22, and Terrance Wills, 22, are charged with one count of possession with intent to distribute heroin. The crime is alleged to have occurred Feb. 15, 2019, in Shawnee County.
If convicted, they face a penalty of not less than 10 years in federal prison and a fine up to $10 million. The Drug Enforcement Administration investigated. Assistant U.S. Attorney Stephen Hunting is prosecuting.
Wilbur E. Kirkhart, II, 42, Wichita, Kan., is charged with two counts of unlawful possession of a firearm by a convicted felon (counts one and two), one count of unlawful possession of ammunition by a convicted felon (count three), one count of distributing a controlled substance (count four), and one count of unlawful possession of a firearm in furtherance of a drug trafficking crime (count five). The crimes are alleged to have occurred April 20, 2016, in Sedgwick County, Kan.
Upon conviction, the crimes carry the following penalties:
Counts one and two: Up to 10 years in federal prison and a fine up to $250,000.
Count three: Up to 10 years and a fine up to $250,000.
Court four: Up to 20 years and a fine up to $250,000.
Count five: Up to five years and a fine up to $250,000.
The Bureau of Alcohol, Tobacco, Firearms and Explosives investigated. Assistant U.S. Attorney Lanny Welch is prosecuting.
Mark D. Mullins, 34, Wichita, Kan., and Camela A. Blanchard, 35, Wichita, Kan., are charged with one count of making counterfeit bills and two counts of passing counterfeit bills. The crimes are alleged to have occurred in December 2017 and January 2018 in Wichita, Kan.
If convicted, they face up to 20 years in federal prison and a fine up to $250,000 on each count. The U.S. Secret Service investigated. Assistant U.S. Attorney Alan Metzger is prosecuting.
Jaasiel Varela-Aniles, 29, who is not a citizen of the United States, is charged with one count of unlawfully re-entering the United States after being convicted of an aggravated felony and deported. He was found Jan. 15, 2019, in Seward County, Kan.
If convicted, he faces up to 10 years in federal prison and a fine up to $250,000. Homeland Security Investigations investigated. Assistant U.S. Attorney Ryan McCarty is prosecuting.
Teodoro Adame-Ramirez, 42, who is not a citizen of the United States., is charged with unlawfully re-entering the United States after being convicted of an aggravated felony and deported. He was found Feb. 17, 2019, in Sedgwick County, Kan.
If convicted, he faces up to 10 years in federal prison and a fine up to $250,000. Homeland Security Investigations 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.
FBI Watched Courier Deliver 3+ Pounds of MethamphetamineRead the Press Release
KANSAS CITY, KAN. – A Kansas City, Kan., man was sentenced today to 80 months in federal prison for acting as a courier to deliver more than three pounds of methamphetamine, U.S. Attorney Stephen McAllister said.
Demetrius Summerson, 28, Kansas City, Kan., pleaded guilty to one count of distributing methamphetamine. In his plea, he admitted that FBI agents had him under surveillance when he delivered more than 3.6 pounds of methamphetamine to a buyer in Lenexa, Kan. The buyer paid Summerson $10,000.
Summerson was working as a distributor for a drug trafficking organization operating in Johnson and Wyandotte counties that was obtaining methamphetamine from a provider in Michoacan, Mexico.
McAllister commended the FBI, the Kansas City, Kan., Police Department and Assistant U.S. Attorney Sheri Catania for their work on the case.
Bank Teller in Leavenworth Sentenced for EmbezzlementRead the Press Release
KANSAS CITY, KAN. – A former bank teller who paid back the money she embezzled from a Leavenworth savings and loan was sentenced Monday to two years on federal supervised release, U.S. Attorney Stephen McAllister said.
Theresa Williams, 49, Leavenworth, Kan., pleaded guilty to one count of theft by a bank employee. In her plea, she admitted she embezzled $13,000 from Mutual Savings Association in Leavenworth. To cover up the crime, she made false entries in bank reports.
McAllister commended the FBI and Assistant U.S. Attorney Jabari Wamble for their work on the case.
Bomb Plotter Sentenced for Possession of Child PornographyRead the Press Release
WICHITA, KAN. – Already sentenced to prison for his role in a bomb plot, Patrick Stein, 50, of Wright, Kan., pleaded guilty today and was sentenced to an additional 44 months in federal prison for possession of child pornography, U.S. Attorney Stephen McAllister said.
Stein pleaded guilty to one count of possessing child pornography. In his plea, he admitted investigators found up to 149 images of children engaged in sexual activities on his laptop computer and USB drives.
Investigators found the child pornography after obtaining a warrant to search Stein’s computer for evidence of his part in a plot to detonate multiple bombs at an apartment complex in Garden City where Somali refugees were living.
In January, Stein was sentenced to 30 years in federal prison for his role in the bomb plot. He will serve the sentence in the child pornography consecutively with the sentence in the bomb case.
McAllister commended the FBI and Assistant U.S. Attorney Jason Hart for their work on the case.
U.S. Attorney’s Office in Kansas Collects $6.5 Million in Civil and Criminal Actions in Fiscal Year 2018Read the Press Release
TOPEKA, KAN. – The U.S. Attorney’s Office for the District of Kansas collected $6.5 million in criminal and civil actions in FY 2018, U.S. Attorney Stephen McAllister said today. Of this amount, $3.9 million was collected in criminal actions and $2.6 million was collected in civil actions.
“Our attorneys and investigators are very successful in recovering money owed to victims and to the government,” McAllister said. “They are one of the reasons that crime really doesn’t pay.”
As a whole, the Justice Department collected nearly $15 billion in civil and criminal actions in the fiscal year ending Sept. 30, 2018. The $14,839,821,650 in collections in FY 2018 represents nearly seven times the appropriated $2.13 billion ($2,136,750,000) budget for the 94 U.S. Attorneys’ offices.
The U.S. Attorneys’ Offices, along with the department’s litigating divisions, are responsible for enforcing and collecting civil and criminal debts owed to the U.S. and criminal debts owed to federal crime victims. The law requires defendants to pay restitution to victims of certain federal crimes who have suffered a physical injury or financial loss. While restitution is paid to the victim, criminal fines and felony assessments are paid to the department’s Crime Victims Fund, which distributes the funds collected to federal and state victim compensation and victim assistance programs.
Recent examples in the District of Kansas include recovering more than $140,000 from a CPA who made false statements on tax returns, more than $77,000 from a former Kansas bank teller who embezzled the money, more than $185,000 from the owner of a diagnostic testing facility who was convicted of health care fraud and more than $200,000 from a man who was convicted of failing to report income from illegal bookmaking.
“The men and women of the U.S. Attorneys’ offices across the country work diligently, day in and day out, to see that the citizens of our nation receive justice. The money that we are able to recover for victims and this country as a whole is a direct result of their hard work,” Director James A. Crowell, IV, Executive Office for U.S. Attorneys.
The largest civil collections were from affirmative civil enforcement cases, in which the United States recovered government money lost to fraud or other misconduct or collected fines imposed on individuals and/or corporations for violations of federal health, safety, civil rights or environmental laws. In addition, civil debts were collected on behalf of several federal agencies, including the U.S. Department of Housing and Urban Development, the Department of Health and Human Services, the Internal Revenue Service, the Small Business Administration and the Department of Education.
Indictment: Kansas Couple Crashed Car into Cabela’s to Steal GunsRead the Press Release
KANSAS CITY, KAN. – A man and a woman from Kansas were indicted Wednesday on federal charges of crashing a car into a Cabela’s store and stealing guns, U.S. Attorney Stephen McAllister said.
Kyle Mendez, 29, Kansas City, Kan., and Brenda Tosh, 27, Kansas City, Kan., were charged with one count of conspiring to steal guns from a federally licensed firearms dealer. In addition, Mendez was charged with two counts of unlawful possession of firearms by a convicted felon and one count of transporting a stolen 2014 Dodge Challenger across state lines. The crimes are alleged to have occurred Nov. 6, 2018, in Kansas City, Kan.
The indictment alleges the defendants entered the Cabela’s store in Kansas City, Kan., by crashing a car through an exterior door. Mendez smashed through a locked door to get into the store’s Gun Library. The defendants took long guns from the firearms section of the store and placed them into a shopping cart. The guns included two 12-gauge shotguns, a .22-caliber rifle, a .308-caliber rifle and a .223-caliber rifle.
Before the defendants could get away with the guns, however, law enforcement officers arrived at the store. Tosh was arrested at the scene. Mendez fled from the store and was arrested later.
Upon conviction, the crimes carry the following penalties:
Unlawful possession of firearms by a felon (count one and count two): Up to 10 years in federal prison and a fine up to $250,000.
Theft from a federally licensed firearms dealer (count three): Up to five years and a fine up to $250,000.
Transporting a stolen car (count four): Up to 10 years and a fine up to $250,000.
The Kansas City, Kan., Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives investigated. Assistant U.S. Attorney Chris Oakley is prosecuting.
OTHER INDICTMENTS
Salvador Veleta-Sinola, 33, Kansas City, Kan., is charged with assaulting law enforcement officers who were attempting to arrest him.
Veleta-Sinola is charged with two counts of assaulting law enforcement officers with a dangerous weapon and one count of assaulting another officer.
The indictment alleges he bit an FBI agent and tried to stab him with a ballpoint pen. In addition, the defendant is alleged to have attacked two members of an FBI task force.
The crimes are alleged to have occurred Jan. 3, 2019 in Wyandotte County, Kan.
If convicted, he faces up to 20 years in federal prison and a fine up to $250,000 on the two counts of attacking officers with a dangerous weapon and up to eight years and a fine up to $250,000 on the other assault charge. The FBI investigated. U.S. Attorney Stephen McAllister is prosecuting.
Cristian Maese-Solano, 22, Kansas City, Kan., is charged with one count of unlawful possession of a firearm by a convicted felon. The crime is alleged to have occurred Nov. 12, 2018, in Wyandotte County, Kan.
If convicted, he faces up to 10 years in federal prison and a fine up to $250,000. The FBI investigated. Assistant U.S. Attorney Trent Krug is prosecuting.
Ramon Alejandro Magallanes-Carta, 24, who is in custody, is charged with unlawfully re-entering the United States after being deported. He was found Jan. 16, 2019, in Hutchinson, Kan.
If convicted, he faces up to 10 years in federal prison and a fine up to $250,000. The Department of Homeland Security 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.
Truck Driver for Post Office Pleads Guilty to Stealing MailRead the Press Release
WICHITA, KAN. – A former contract truck driver for the post office in Rose Hill pleaded guilty Tuesday to stealing items from the mail, U.S. Attorney Stephen McAllister said.
Manuel De La Cruz, 30, Wichita, Kan., pleaded guilty to three counts of stealing items from the mail. In his plea, he pleaded guilty to stealing more than $6,500 worth of items from the mail. Stolen items included a Lenova laptop computer, an upper receiver for an AR 15 rifle, an AR 15 rifle barrel and a gas block for an AR 15.
Sentencing is set for April 29. He faces a penalty of up to five years in federal prison and a fine up to $250,000.
McAllister commended the U.S. Postal Service – Office of Inspector General and Assistant U.S. Attorney Alan Metzger for their work on the case.
Massage Parlor Owner Pleads Guilty to Federal Conspiracy ChargeRead the Press Release
TOPEKA, KAN. – A woman who operated massage parlors in Lawrence and Topeka pleaded guilty Tuesday to operating a prostitution business, U.S. Attorney Stephen McAllister said.
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.
In her plea agreement, Nielsen agreed to pay a $650,000 judgement, which represents the proceeds of the crime.
Sentencing is set for May 15. Both parties are recommending three years on federal probation.
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.
Garden City Man with Prison Record Sentenced for Carrying a GunRead the Press Release
WICHITA, KAN. – A Garden City man with a state prison record was sentenced Tuesday to 87 months in federal prison for carrying a gun, U.S. Attorney Stephen McAllister said.
Darnell Wilks, 49, Garden City, Kan., pleaded guilty to one count of unlawful possession of a firearm by a convicted felon.
A Garden City police officer arrested Wilks in March 2017. The officer saw Wilks walking down the middle of west Kansas Ave. and stopped to talk to him. Seeing the officer, Wilks ran away. During the chase, Wilks threw down a .45 caliber handgun. He was prohibited from possessing a firearm because he was convicted in 2014 in Finney County District Court on a charge of making a criminal threat.
The case was prosecuted under the Justice Department’s Project Safe Neighborhoods initiative. McAllister commended the Garden City Police Department and Assistant U.S. Attorney Matt Treaster for their work on the case.
Cherokee County Man Pleads Guilty to Theft from GunsmithRead the Press Release
WICHITA, KAN. – A Cherokee County man pleaded guilty Tuesday to unlawful possession of a rifle stolen during a burglary at a gunsmith’s residence, U.S. Attorney Stephen McAllister said.
Nathan J. Moss, 32, Columbus, Kan., pleaded guilty to one count of unlawful possession of a firearm by a convicted felon. In his plea, Moss admitted he was arrested Aug. 18 after police chased the vehicle he was driving from Crawford to Cherokee County. In the vehicle, police officers found an Anderson Model AM-15 5.56-caliber rifle. The rifle was stolen four days earlier from M and M Tactical Gunsmithing in Arma, Kan.
Moss, who had a prior felony conviction, was prohibited by federal law from possessing a firearm.
Sentencing is set for April 29. Both parties have agreed to recommend a sentence of five years in federal prison. McAllister commended the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Pittsburg Police Department, the Cherokee County Sheriff’s Department, the Arma Police Department and Assistant U.S. Attorney Lanny Welch for their work on the case.
Indictment: Two Topeka Men Were Behind CarjackingsRead the Press Release
TOPEKA, KAN. – Two Topeka men were indicted today on federal carjacking charges, U.S. Attorney Stephen McAllister said.
Chauncey Elliott Lyles, 19, Topeka, Kan., and Mathdaniel Squirrel, 22, Topeka, Kan., were charged with one count of conspiracy and one count of carjacking. In addition, Lyles was charged with brandishing a .223 caliber American Tactical rifle during a carjacking.
The indictment alleges that on Jan. 30 the defendants threatened two drivers and stole their cars, a 2007 Cadillac DTS and a 2013 Dodge Dart. When police responded, the defendants fled in the Dodge Dart. They hit a tree in the 400 block of northeast Freeman and fled on foot before police took them into custody.
If convicted, they face the following penalties:
Conspiracy: Up to five years in federal prison and a fine up to $250,000 on the conspiracy count.
Carjacking: Up to 15 years and a fine up to $250,000.
Brandishing a firearm in a carjacking: Not less than five years and a fine up to $250,000.
The Topeka Police Department and the FBI investigated. Assistant U.S. Attorney Skip Jacobs is prosecuting.
OTHER INDICTMENTS
Brian L. Hernandez, 25, who is in custody, is charged with one count of possession with intent to distribute cocaine, one count of possession with intent to distribute marijuana, and one count of unlawful possession of firearms in furtherance of drug trafficking. The crimes are alleged to have occurred Jan. 31 in Shawnee County, Kan.
The indictment alleges Hernandez possessed a .40 caliber Glock handgun, a 9 mm Glock handgun, and a .223 caliber Bushmaster rifle.
If convicted, he faces the following penalties:
Possession with intent to distribute cocaine: Up to 20 years in federal prison and a fine up to $250,000.
Possession with intent to distribute marijuana: Up to five years and a fine up to $250,000.
Possession of a firearm in furtherance of drug trafficking: Not less than five years and a fine up to $250,000.
The Drug Enforcement Administration investigated. Assistant U.S. Attorney Stephen Hunting is prosecuting.
In all cases, defendants are presumed innocent until and unless proven guilty. The indictments merely contain allegations of criminal conduct.
KCK Woman Pleads Guilty in Mexican Methamphetamine ConspiracyRead the Press Release
KANSAS CITY, KAN. – A local woman pleaded guilty today to being part of a drug ring that distributed methamphetamine from Mexico in the Kansas City metro area, U.S. Attorney Stephen McAllister said.
Karen Ortega, 41, Kansas City, Kan., pleaded guilty to one count of conspiracy to possess with intent to distribute methamphetamine from premises in which children reside. In her plea, she admitted working out of her home in the 3000 block of North 34th Street in Kansas City, Kan., where she and her minor children lived. A search warrant at the residence turned up approximately 20 pounds of methamphetamine, 1.8 pounds of heroin and more than $230,000 in cash.
In her plea, she admitted federal investigators had her under surveillance when she met another conspirator in a Wal-Mart parking lot at 10824 Parallel Parkway and sold almost two pounds of methamphetamine for $4,500.
Sentencing is set for May 7. She faces a penalty of not less than 10 years in federal prison and a fine up to $10 million. McAllister commended the Bureau of Alcohol, Tobacco, Firearms and Explosives and Assistant U.S. Attorney Sheri Catania for their work on the case.
Driver Who Fled Topeka Police Sentenced on Federal Gun ChargeRead the Press Release
TOPEKA, KAN. – A driver who led Topeka police on a chase at more than 70 mph was sentenced today to 42 months in federal prison on a firearm charge, U.S. Attorney Stephen McAllister said.
Darryl Kevin Norwood, 30, Topeka, Kan., pleaded guilty to one count of unlawful possession of a firearm following a felony conviction. In his plea, Norwood admitted that instead of stopping at a DUI check lane he fled from police at speeds exceeding 70 mph. He hit another car and continued to flee on foot before being arrested. Police found a .380 caliber pistol on the floorboard of his car.
Norwood was prohibited from possessing a firearm because of prior felony convictions.
McAllister commended the Topeka Police Department, the Bureau of Alcohol, Tobacco, Firearms and Explosives and Assistant U.S. Attorney Greg Hough for their work on the case.
The case was prosecuted under the Department of Justice’s Project Safe Neighborhoods initiative.
Armed Felon Sentenced to Federal PrisonRead the Press Release
TOPEKA, KAN. – A Hutchinson man with a felony conviction record was sentenced today to seven years in federal prison for a firearm violation, U.S. Attorney Stephan McAllister said.
Lucas Adam Wade Hall, 32, Hutchinson, pleaded guilty to one count of unlawful possession of a firearm by a felon. In his plea, he admitted that he was arrested with a Taurus 9 mm pistol, a Beretta 9 mm pistol and a Smith & Wesson .44 caliber revolver.
In April 2011, Hall was convicted in Reno County District Court of attempted kidnapping, aggravated intimidation of a witness and aggravated battery. In September 2014, he was convicted in Reno County District Court of aggravated assault.
This case was prosecuted as part of Department of Justice’s Project Safe Neighborhood, which targets armed offenders with a record of felony convictions.
McAllister commended the Bureau of Alcohol, Tobacco, Firearms and Explosives and Assistant U.S. Attorney Greg Hough for their work on the case.
Topeka Man Sentenced for Selling Stolen Guns to Undercover AgentRead the Press Release
TOPEKA, KAN. – A Topeka man was sentenced Monday to 40 months in federal prison for selling stolen guns to an undercover agent, U.S. Attorney Stephen McAllister said.
Timothy Michael Hisey, 32, Topeka, Kan., pleaded guilty to one count of unlawful possession of firearms following a felony conviction. In his plea, he admitted he sold firearms to an agent working undercover for the Bureau of Alcohol, Tobacco, Firearms and Explosives. The firearms included five shotguns and three rifles.
Hisey was prohibited from possessing firearms because of a 2016 felony drug conviction in Shawnee County District Court.
McAllister commended the Bureau of Alcohol, Tobacco, Firearms and Explosives and Assistant U.S. Attorney Greg Hough for their work on the case.
The case was prosecuted under the Department of Justice’s Project Safe Neighborhoods initiative.
Former Teller Pleads Guilty to Embezzling $125,000Read the Press Release
KANSAS CITY, KAN. – A former bank teller in Leavenworth pleaded guilty Monday to embezzling more than $125,000, U.S. Attorney Stephen McAllister said.
Charles Lee Staples, 42, Leavenworth, Kan., pleaded guilty to one count of embezzlement by a bank employee. In his plea, he admitted the crime occurred while he was a teller at Mutual Savings Association in Leavenworth. An audit revealed that Staples took the money from his teller drawer. To cover up the crime, he made false entries in bank reports.
Sentencing is set for April 22. Staples agreed to pay back the full amount of the theft. Both parties agreed to recommend a sentence of three years on supervised release.
McAllister commended the FBI and Assistant U.S. Attorney Jabari Wamble for their work on the case.
California Man Pleads Guilty to Bringing 29+ Pounds of Meth to KansasRead the Press Release
WICHITA, KAN. – A California man pleaded guilty Monday to driving more than 29 pounds of methamphetamine to 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. The Kansas Highway Patrol stopped Delgado-Lopez for a traffic violation in Meade County. Troopers found 14 packages of methamphetamine weighing 13.6 kilos (29.9 pounds) in his vehicle.
Sentencing is set for April 12. He faces a penalty of not less than 10 years in federal prison and a fine up to $10 million. McAllister commended the Kansas Highway Patrol and Assistant U.S. Attorney Kimberly Rodebaugh for their work on the case.
Lawrence Man Pleads Guilty to Distributing Child PornographyRead the Press Release
KANSAS CITY, KAN. – A Lawrence man pleaded guilty to a federal charge of distributing child pornography, U.S. Attorney Stephen McAllister said today.
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.
Fuchs agreed in his plea to pay $20,000 restitution to the victims.
Sentencing is set for April 22. He faces a penalty of not less than five years, not more than 20 years and a fine up to $250,000.
McAllister commended the FBI and Assistant U.S. Attorney Kim Flannigan for their work on the case.
Lab Owner Ordered to Pay $544,000 for Environmental ViolationRead the Press Release
KANSAS CITY, KAN. – The owner of the now-closed Beta Chem Laboratory in Lenexa has been ordered to pay $544,287 in restitution for storing hazardous waste without a license, U.S. Attorney Stephen McAllister said.
Ahmed El-Sherif, 63, Leawood, Kan., was found guilty in a bench trial of storing hazardous waste without a license. El-Sherif started Beta Chem in the mid-1990s, which he owned and operated. On October 4, 2013, after issuing an Emergency Order to Seize and Secure Radioactive Materials, KDHE took control of Beta Chem and secured the facility.
The Criminal Investigation Division of Environmental Protection Agency executed a search warrant at Beta Chem on Jan. 22, 2014, where agents discovered numerous containers containing hazardous wastes and contaminated with radiation.
During trial, U.S. District Court Judge Julie A. Robinson found that by 2012 Beta Chem had become a defunct operation and hazardous chemicals were being stored at the facility in lieu of a thorough decommissioning and decontamination process.
Robinson found El-Sherif not guilty on a charge of obstructing a federal investigation.
El-Sherif will serve two years on federal probation.
McAllister commended the EPA Criminal Investigation Division and the Environmental Crimes Section of the Department of Justice for their work on the case.
Indictment: Wichita Man Threatened Operation Rescue Workers with Rape, DeathRead the Press Release
WICHITA, KAN. – A Wichita man was indicted today on federal charges of making calls to the office of Operation Rescue in which he threatened to injure employees and their families.
Christopher M. Thompson, 22, Wichita, Kan., is charged with three counts of making threats to injure a person. The crimes are alleged to have occurred Aug. 14, 2018, in Wichita, Kan.
The indictment alleges Thompson made calls threatening to kill Operation Rescue employees and rape their daughters.
If convicted, he faces up to five years in federal prison and a fine up to $250,000 on each count. The FBI and the Wichita Police Department investigated. Assistant U.S. Attorney Ryan McCarty is prosecuting.
OTHER INDICTMENTS
Salina Pharmacist and Husband Charged
Kirsty C. Hartley, 28, Salina, Kan., and Dalton R. Hartley, 28, Salina, Kan., are charged with one count of conspiring to distribute and dispense controlled substances and oneobtaining controlled substances by fraud. In addition, Kristy Hartley is charged with one count of unlawfully distributing and dispensing controlled substances.
The indictment alleges the crimes occurred while Kirsty Hartley worked as a pharmacist in charge at a CVS pharmacy in Salina. The indictment alleges Hartley diverted controlled prescription drugs by creating false prescriptions for herself and her husband and filling them. The indictment alleges they fraudulently obtained 21,289 tablets of hydrocodone with acetaminophen and 360 tablets of alprazolam.
The indictment alleges the investigation began when a loss prevention manager for CVS reported the problem to the Salina Police Department. Kirsty Hartley’s pharmacist license was suspended Sept. 23, 2017, by the Kansas Board of Pharmacy.
Upon conviction, the crimes carry the following penalties:
Conspiracy to distribute controlled substances (count one) and unlawfully distributing controlled substances (count two): Up to 20 years in federal prison and a fine up to $1 million.
Obtaining controlled substances by fraud: Up to four years and a fine up to $250,000.
The Salina Police Department and the Drug Enforcement Administration investigated. Assistant U.S. Attorney Mona Furst is prosecuting.
Ohio Man Charged in Bank Robbery
Karsten D. Hardeman, 20, Dayton, Ohio, is charged with a robbery at the Sunflower Bank at 2073 N. Webb Road in Wichita, Kan. The crime is alleged to have occurred Dec. 26, 2018.
If convicted, he faces up to 20 years in federal prison and a fine up to $250,000. The Wichita Police Department and the FBI investigated. Assistant U.S. Attorney Lanny Welch is prosecuting.
Three Project Safe Streets Indictments
Wendy L. Scearce, 35, Wichita, Kan., and Luis M. Hernandez, 38, Wichita, Kan., are charged with one count of conspiracy to distribute methamphetamine (count one), one count of possession with intent to distribute methamphetamine (count two), one count of possession with intent to distribute heroin (count three), one count of possession with intent to distribute marijuana (count four), one count of maintaining a property in furtherance of drug trafficking at 306 N. Seneca in Wichita, one count of unlawful possession of a firearm in furtherance of drug trafficking,
In addition, Scearce is charged with 13 counts of unlawful possession of a firearm following a felony conviction (counts six through 18), eight counts of distributing a controlled substance (counts 33 through 40) and one count of possession with intent to distribute methamphetamine. In addition, Hernandez is charged with 13 counts of unlawful possession of a firearm by an alien illegally in the United States.
The crimes are alleged to have occurred Dec. 28, 2018, in Wichita, Kan.
Upon conviction, the crimes carry the following penalties:
Count one: Not less than 10 years in federal prison and a fine up to $10 million.
Count two: Not less than 15 years and a fine up to $10 million.
Count three: 33 through 40 and 41: Up to 20 years and a fine up to $1 million.
Count four: Up to five years and a fine up to $250,000.
Count five: Up to 20 years and a fine up to $500,000.
Counts six through 31: Up to 10 years and a fine up to $250,000.
Count 32: Not less than five years and a fine up to $250,000.
The FBI and the Wichita Police Department’s Project Safe Streets Task Force investigated. Assistant U.S. Attorney Debra Barnett is prosecuting.
Vickey Ewing, 63, Wichita, Kan., and Robert Ewing, Jr., 41, are charged in a superseding indictment with one count of conspiracy to distribute methamphetamine (count one), one count of possession with intent to distribute methamphetamine (count two), two counts of possession with intent to distribute methamphetamine (counts 4 and 5), two counts of maintaining a property in furtherance drug trafficking (1710 W. Walker in Wichita and 1140 S. St. Francis in Wichita, counts six and nine), and one count of possession with intent to distribute methamphetamine (count 12).
In addition, Vickey Ewing is charged with one count of possession with intent to distribute methamphetamine (count three), one count of unlawful possession of a firearm with the serial number removed (count seven), one count of unlawful possession of a firearm following a felony conviction (count eight) and two counts of aggravated identity theft (count 10 and 11).
Also charged in the case are Manda Lynch, 33, Wellington, Kan., and Leanna M. Brooker, 27, Wellington, Kan., who are charged with one count of distributing methamphetamine (count four).
The crimes are alleged to have occurred in 2018 in Wichita.
Upon conviction, the crimes carry the following penalties:
Count one: Not less than five years and not more than 40 years and a fine up to $5 million.
Counts two, three, four and five: Not less than five years and not more than 40 years and a fine up to $5 million.
Counts six and nine: Up to 20 years and a fine up to $5 million.
Count seven: Not more than five years and a fine up to $250,000.
Count eight: Not more than 10 years and a fine up to $250,000.
Counts 10 and 11: A mandatory two years and a fine up to $250,000.
Count 11: Not less than 10 years and a fine up to $10 million.
The FBI and the Wichita Police Department’s Project Safe Streets Task Force investigated. Assistant U.S. Attorney Debra Barnett is prosecuting.
Jesus Torres, 30, Wichita, Kan., is charged with five counts of unlawful possession of a firearm by a person not lawfully in the United States, counts one through five), one count of possession with intent to distribute methamphetamine (count six), one count of possession of a firearm in furtherance of drug trafficking (counts seven and nine), one count of possession with intent to distribute methamphetamine (count eight).
Upon conviction, the crimes carry the following penalties:
Counts one through five: Not more than 10 years in federal prison and a fine up to $250,000.
Count six: Not less than five years and not more than 40 years and a fine up to $5 million.
Count eight: Not more than 20 years and a fine up to $1 million.
Counts seven and nine: Not less than five years and a fine up to $250,000.
Count eight: Not more than 20 years and a fine up to $1 million.
The FBI and the Wichita Police Department’s Project Safe Streets Task Force investigated. Assistant U.S. Attorney Debra Barnett is prosecuting.
18-Kilo Drug Case
Deyvis Alcantara-Rios, 35, Memphis, Tenn., is charged with one count of possessing approximately 18 kilograms (almost 40 pounds) of a mixture of methamphetamine with intent to distribute. The crime is alleged to have occurred Nov. 9, 2018, in Seward County, Kan.
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 Drug Enforcement Administration Assistant U.S. Attorney Jason Hart is prosecuting.
ADDITIONAL INDICTMENTS
Allan Bryan DeJesus, 39, Bakersfield, Calif., is charged with one count of possession with intent to distribute methamphetamine (count one), one count of possession with intent to distribute heroin (count two) and one count of interstate travel in furtherance of drug trafficking (count three). The crimes are alleged to have occurred Jan. 5, 2019 in Thomas County, Kan.
If convicted, he faces the following penalties:
Count one: Not less than 10 years in federal prison and a fine up to $10 million.
Count two: Not less than five years and not more than 40 years and a fine up to $5 million.
Count three: Up to five years and a fine up to $250,000.
The Drug Enforcement Administration investigated. Assistant U.S. Attorney David Lind is prosecuting.
Erik Dixon, Jr., 22, Wichita, Kan., and Adrian D. Jones-Williams, 23, Wichita, Kan., are charged in a superseding indictment with one count of one count of possession with intent to distribute marijuana (count 8), one count of possession with intent to distribute alprazolam (count 9), one count of unlawful possession of a firearm by a user of a controlled substance (count 10) and one count of unlawful possession of a firearm in furtherance of drug trafficking (count 11). In addition, Dixon is charged with two counts of possession with intent to distribute marijuana (counts 1 and 15), one count of possession with intent to distribute alprazolam (count 2), three counts of unlawful possession of a firearm by a user of a controlled substance (counts 3, 13 and 16), two counts of unlawful possession of a firearm in furtherance of drug trafficking (counts 4 and 17), two counts of unlawfully receiving a firearm while charged with a felony (counts 12 and 14), one count of unlawful possession of a silencer in furtherance of drug trafficking (count 18) and four counts of attempting to influence the testimony of a federal witness (counts 21, 22, 23 and 24). In addition, Jones-Williams, is charged with two counts of possession with intent to distribute marijuana (counts 5 and 8), one count of possession of unlawful possession of a firearm by a user of a controlled substance (count 6) and two counts of unlawful possession of a firearm in furtherance of drug trafficking (counts 7 and 20). The crimes are alleged to have occurred in 2016, 2017 and 2018 in Wichita, Kan.
Upon conviction, the crimes carry the following penalties:
Counts 1, 5, 15 and 19: Up to 20 years in federal prison and fine up to $1 million.
Counts 2 and 9: Up to five years and a fine up to $250,000.
Counts 3, 6, 10, 13 and 16: Up to 10 years and a fine up to $250,000.
Counts 12 and 14: Up to five years and a fine up to $250,000.
Counts 4, 7, 11, 17, and 20: Not less than five years and a fine up to $250,000.
Count 18: Not less than 30 years and a fine up to $250,000.
Counts 21, 22, 23 and 24: Up to 20 years and a fine up to $250,000.
The Wichita Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives investigated. Assistant U.S. Attorney Lanny Welch is prosecuting.
Darick Charles Byrd, 34, who is in federal custody, is charged with four counts of making false statements on Form 4473, which is a report required by the Bureau of Alcohol, Tobacco, Firearms and Explosives to lawfully purchase a firearm from a licensed firearms dealer.
The indictment alleges Byrd bought the guns at Dave’s Guns in Abilene, Kan., Bob’s Pawn Shop East in Salina, and Nick’s Pawn Shop in Salina.
If convicted, he faces a penalty of up to 10 years in federal prison and a fine up to $250,000 on each count. The Bureau of Alcohol, Tobacco, Firearms and Explosives investigated. Assistant U.S. Attorney Jared Maag is prosecuting.
Joshua D. Halstead, 32, Wichita, Kan., is charged with one count of unlawful possession of a firearm following a felony conviction (count one), one count of unlawful possession of a firearm by a user of a controlled substance (count two) and one count of possession of methamphetamine (count three). The crimes are alleged to have occurred May 19, 2017, in Sedgwick County, Kan.
If convicted, he faces the following penalties:
Counts one and two: Up to 10 years in federal prison and a fine up to $250,000.
The Sedgwick County Sheriff’s Office investigated Assistant U.S. Attorney Ryan McCarty is prosecuting.
Deonte L. Jordan, 20, Wichita, Kan., is charged with two counts of unlawful possession of a firearm following a felony conviction (counts one and two) and two counts of unlawful possession of a firearm by a user of a controlled substance (counts three and four). The crimes are alleged to have occurred June 16, 2018, in Sedgwick County.
If convicted, the faces the following penalties
Counts 1 and 2: Up to 10 years in federal prison and a fine up to $250,000.
Counts 3 and 4: Up to 10 years and a fine up to $250,000.
The Sedgwick County Sheriff’s Office investigated. Assistant U.S. Attorney Ryan McCarty is prosecuting.
Juan Gama Acosta, 48, Wichita, Kan., is charged with one count of failing to register as required by the federal Sex Offender Registration and Notification Act.
If convicted, he faces a penalty of up to 10 years. The U.S. Marshals Office investigated. Assistant U.S. Attorney Jason Hart is prosecuting.
Ronnie Domnick, 48, Wichita, Kan., is charged with one count of possession with intent to distribute methamphetamine. The crime is alleged to have occurred Aug. 4, 2017, in Sedgwick County, Kan.
If convicted, he faces not less than 10 years in federal prison and a fine up to $4 million. The Kansas Bureau of Investigation investigated. Assistant U.S. Attorney Mona Furst is prosecuting.
Eugenio Serrano-Ramirez, 37, a citizen of Mexico, is charged with unlawfully re-entering the United States after being deported. He was found Jan 7, 2019, in Sedgwick County, Kan.
If convicted, if 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.
Flooring Store Owner Sentenced for Tax EvasionRead the Press Release
KANSAS CITY, KAN. – The owner of a flooring store in the Kansas City area was sentenced today to a year on federal probation for tax evasion, U.S. Attorney Stephen McAllister said. He paid $101,014 in restitution.
Randall Barker, 50, owner of Wholesale Flooring, Inc., in Stilwell, Kan., pleaded guilty to one count of tax evasion. In his plea, he admitted he failed to report the full amount of income from his business in 2011, 2012, 2013 and 2014. He admitted he took direct payments from customers, removed cash from business deposits and altered invoices to show less income for the business.
McAllister commended the Internal Revenue Service and Assistant U.S. Attorney Aaron Smith for their work on the case.
Tax Preparer SentencedRead the Press Release
KANSAS CITY, KAN. – A tax preparer in Kansas City, Kan., was sentenced Tuesday to six months in custody and six months in home confinement for preparing tax returns containing false information, U.S. Attorney Stephen McAllister said.
Shermaine C. Canady, 44, Kansas City, Kan., pleaded guilty to one count of filing false income tax returns. In her plea, she agreed to pay $158,167 in restitution to the government.
Canady admitted that in one instance she prepared a return for a client containing false information in order to claim a $5,187 Earned Income Tax Credit and a Child Tax Credit of $1,000.
McAllister commended the Internal Revenue Service and Assistant U.S. Attorney Chris Oakley for their work on the case.
Retired Highway Patrol Trooper Sentenced for Lying to FBI about GamblingRead the Press Release
WICHITA, KAN. – A retired highway patrol trooper was sentenced Monday to a year on federal probation for lying to the FBI during an investigation into illegal gambling in Wichita, U.S. Attorney Stephen McAllister said.
Michael Frederiksen, 53, Derby, Kan., was convicted in a jury trial in May on one count of making false statements to FBI investigators. During trial, prosecutors presented evidence that in 2014, while Frederiksen was still a Kansas Highway Patrol Trooper, he was filmed taking part in an illegal cash poker game. On Feb. 23, 2017, he was interviewed by FBI agents investigating illegal gambling businesses in Wichita.
The FBI had a video of Frederiksen playing in an illegal cash poker game held Feb. 12, 2014, at 922 1/2 E. Douglas in the Old Town district of Wichita. The site was equipped with poker tables, a cabinet for valuables and poker chips, video surveillance equipment, liquor and snacks. Staff included dealers, someone serving food and a waitress serving drinks and giving massages to the players.
An undercover investigator was at the game posing as a gambler. At one point, the undercover officer tried to use his phone to take photos. The men running the game took him aside and told him he was making other players nervous. They allowed the undercover officer to continue playing, but moved the game to other locations after that night.
During an FBI interview, Frederiksen made false statements, downplaying his involvement in illegal poker and his relationship with the operator of the poker game.
McAllister commended the FBI, the Wichita Police Department, the Internal Revenue Service and Assistant U.S. Attorneys Aaron Smith and Mona Furst for their work on the case.
Tres hombres del suroeste de Kansas son condenados a la cárcel por planear un atentado con bomba contra inmigrantes somalíes en Garden CityRead the Press Release
Tres hombres del suroeste de Kansas fueron condenados a 25, 26 y 30 años de cárcel tras ser acusados de confabular a detonar una bomba en un complejo de apartamentos en Garden City donde vivían inmigrantes musulmanes, anunciaron el Fiscal General en funciones Matthew Whitaker, el Fiscal Federal para el Distrito de Kansas, Stephen McAllister, el Director del Buró de Investigaciones Federales («FBI», por sus siglas en inglés), Chris Wray, el Fiscal Federal Auxiliar de la División de Derechos Civiles Eric Dreiband, el Fiscal General Auxiliar de la División Nacional de Seguridad John C. Demers y el Agente Especial Encargado de la División del FBI en la Ciudad de Kansas Darrin E. Jones.
«El Departamento de Justicia trabaja a diario a frustrar amenazas terroristas en los Estados Unidos», afirmó el Fiscal General en funciones Whitaker. «Está claro que los autores en este atentado actuaron con premeditación en su intento de asesinar a personas inocentes por motivos de su religión y origen nacional. No es solo ilegal: es moralmente repugnante. La condena de hoy representa una victoria importante contra los delitos de odio y el terrorismo doméstico, y quisiera agradecer a todos los que ayudaron a llevar a los acusados ante la justicia, eso es, a los profesionales dedicados del FBI, la Fiscalía Federal en Kansas, la División de Derechos Civiles, la División de Seguridad Nacional, y nuestras agencias asociadas del orden público locales y estatales. La policía salvó vidas en este caso».
«Estos acusados planearon, sin piedad, detonar una bomba en un complejo de apartamentos y matar a gente inocente, sencillamente por motivos de dónde son y cómo rezan», declaró el Director del FBI Wray. «Hoy, junto con nuestras agencias asociadas del orden público, reafirmamos nuestro compromiso a proteger a los miembros de nuestras comunidades de aquellos que intenten aterrorizarlos y dañarlos».
«Algunos han descrito este enjuiciamiento como un caso de derechos civiles, un caso de terrorismo doméstico o incluso un caso de delincuencia violenta», comentó el Fiscal Federal para el Distrito de Kansas, Stephen McAllister. «No obstante, se mire como se mire, va en contra de todo lo que representamos: derechos civiles, la seguridad pública y el respeto de la ley».
«La condena de hoy refleja el compromiso del FBI a proteger las comunidades que servimos y nuestra obligación continua a impedir complots cuando la intención de los mismos es cometer actos violentos y dañar a otros», dijo Darrin Jones, el Agente Especial Encargado de la División del FBI en la Ciudad de Kansas. «La condena resalta la gravedad de estos delitos y que no se tolerará las acciones motivadas por el odio. El FBI, junto con nuestras agencias asociadas del orden público, seguirá trabajando agresivamente para garantizar que los autores sean llevados ante la justicia».
El 18 de abril del 2018, tras un juicio que duró cinco semanas, un Jurado federal condenó a Patrick Eugene Stein, de 49 años, vecino de Wright, Kansas, a Curtis Allen, de 51 años, vecino de Liberal, Kansas, y a Gavin Wright, de 53 años, vecino del Condado de Beaver, Oklahoma, de un cargo de confabular a emplear un arma de destrucción masiva y un cargo de confabular a vulnerar los derechos a la vivienda de sus víctimas anticipadas. Ambas conspiraciones se basaron en el complot de los acusados de estallar el complejo de apartamentos en un intento de asesinar a los inmigrantes somalíes musulmanes que vivían allí. El jurado también condenó a Wright por mentir al FBI en un asunto relacionado con el terrorismo doméstico.
Las pruebas que se presentaron en el juicio revelaron que, a lo largo de varios meses, los acusados confabularon a atacar un complejo de apartamentos que contenía una mezquita en Garden City, Kansas, donde inmigrantes musulmanes originarios de Somalia vivían y rezaban. Las pruebas presentadas durante el juicio establecieron que los acusados celebraron varias reuniones con el fin de planear el ataque y tomaron medidas significativas, incluyendo la fabricación y la prueba de explosivos, en miras a la implementación de su plan. Durante la investigación dirigida por el FBI que duró ocho meses, una fuente confidencial, a quien el Gobierno da el crédito por impedir el ataque y salvar las vidas de víctimas inocentes, grabó numerosas conversaciones en las que los acusados discutieron y perfeccionaron su plan. A medida que el plan se forjaba, los acusados discutieron obtener cuatro vehículos con el fin de llenarlos de explosivos y aparcarlos en las cuatro esquinas del complejo de apartamentos para crear una explosión que seguramente nivelaría el edificio y mataría a sus inquilinos.
A lo largo de la investigación, el acusado Stein también se reunió con un agente encubierto del FBI que fingía ser un traficante de armas del mercado negro en un esfuerzo por obtener una bomba. Durante una de las reuniones, Stein realizó una visita en carro con el agente para ver el edificio de apartamentos que los acusados tenían previsto destrozar.
Curtis Allen fue condenado a 25 años. Gavin Wright fue condenado a 26 años. Patrick Stein fue condenado a 30 años.
Whitaker, McAllister, Wray, Dreiband, Demers y Jones elogiaron a los siguientes procuradores y agencias del orden público por sus esfuerzos excepcionales y ejemplares en la investigación y el enjuiciamiento de este caso importante: el FBI, la Policía de Liberal, la Oficina del Sheriff del Condado de Seward, la Oficina del Sheriff del Condado de Ford, la Policía de Garden City, la Policía de Dodge City la Oficina del Sheriff del Condado de Finney, la Patrulla de Carreteras de Kansas, el Buró de Investigaciones de Kansas, la Fiscalía Federal y la División de Derechos Civiles y la División de Seguridad Nacional del Departamento de Justicia.
El caso fue enjuiciado por el Fiscal Federal Auxiliar Tony Mattivi y las Abogadas de Litigios Risa Berkower y Mary J. Hahn de la División de Derechos Civiles y apoyado por el Abogado de Litigios David Cora, de la Sección de Contraterrorismo de la División de Seguridad Nacional y la Abogada de Apelaciones Danielle Tarin de la Oficina de Leyes y Políticas.
Para más información sobre el trabajo del Departamento de Justicia por combatir y prevenir los delitos de odio, vaya a www.justice.gov/hatecrimes: es un único portal con enlaces a recursos del Departamento de Justicia relacionados con delitos de odio para la policía, los medios de comunicación, investigadores, víctimas, grupos de apoyo, y otras organizaciones y personas.
Three Southwest Kansas Men Sentenced to Prison for Plotting to Bomb Somali Immigrants in Garden CityRead the Press Release
WASHINGTON – Three men from southwest Kansas were sentenced to 25, 26 and 30 years imprisonment on charges of conspiring to detonate a bomb at an apartment complex in Garden City where Muslim immigrants lived, announced Acting Attorney General Matthew Whitaker; United States Attorney for the District of Kansas Stephen McAllister; FBI Director Chris Wray; Assistant Attorney General for the Civil Rights Division Eric Dreiband; Assistant Attorney General for the National Security Division John C. Demers; and FBI Kansas City Division Special Agent in Charge Darrin E. Jones.
“The Department of Justice works every day to thwart terrorist threats to the United States," said Acting Attorney General Whitaker. "The defendants in this case acted with clear premeditation in an attempt to kill innocent people on the basis of their religion and national origin. That's not just illegal—it's morally repugnant. Today's sentence is a significant victory against hate crimes and domestic terrorism, and I want to thank everyone who helped bring the defendants to justice—the dedicated professionals with the FBI, the United States Attorney's Office in Kansas, the Civil Rights Division, the National Security Division, and our state and local law enforcement partners. Law enforcement saved lives in this case."
“These defendants planned to ruthlessly bomb an apartment complex and kill innocent people, simply because of who they are and how they worship," said FBI Director Wray. “Today, together with our law enforcement partners, we reaffirm our commitment to protecting all people in our communities from those who seek to terrorize and do harm."
“Some people have described this prosecution as a civil rights case, a domestic terrorism case or even a violent crime case,” said U.S. Attorney Stephen McAllister of the District of Kansas. “However you look at it, it is a violation of everything we stand for in America, equal rights, public safety and respect for law.”
“Today's sentencing speaks to the FBI's commitment to protect the communities we serve and our continued obligation to disrupt plots where the intent is to commit violence and harm others,” said Darrin Jones, Special Agent in Charge of the FBI Kansas City Division. “This sentencing highlights the gravity of these crimes, and that actions motivated by hatred will not be tolerated. The FBI, with our law enforcement partners will continue to work aggressively to ensure those responsible are brought to justice."
On April 18, 2018 after a five-week trial, a federal jury convicted Patrick Eugene Stein, 49, of Wright, Kansas, Curtis Allen, 51, of Liberal, Kansas, and Gavin Wright, 53, of Beaver County, Oklahoma, on one count of conspiracy to use a weapon of mass destruction and one count of conspiracy to violate the housing rights of their intended victims. Both conspiracies stemmed from the defendants’ plot to blow up the apartment complex in an effort to kill the Somali Muslim immigrants who lived there. The jury also convicted defendant Wright of lying to the FBI in matter involving domestic terrorism.
Evidence presented at trial revealed that the defendants plotted, over the course of several months, to attack an apartment complex that contained a mosque in Garden City, Kansas, where Muslim immigrants from Somalia lived and worshipped. Evidence during trial established that the defendants held numerous meetings to plan the attack and took significant steps – including making and testing explosives – toward implementing their plan. During an eight-month-long FBI investigation, a confidential source, whom the government credited for thwarting the attack and saving the lives of innocent victims, recorded numerous conversations during which the defendants discussed and refined their plan. As the plan solidified, the defendants discussed obtaining four vehicles, filling them with explosives, and parking them at the four corners of the apartment complex to create an explosion that would be sure to level the building and kill its occupants.
During the course of the investigation, defendant Stein also met with an undercover FBI agent posing as a black market arms dealer, in an effort to obtain a bomb. During one of the meetings, Stein drove with the agent to see the apartment building that the defendants were planning to destroy.
Curtis Allen was sentenced to 25 years. Gavin Wright was sentenced to 26 years. Patrick Stein was sentenced to 30 years.
Whitaker, McAllister, Wray, Dreiband, Demers, and Jones commended the following law enforcement agencies and prosecutors for their exceptional and exemplary efforts investigating and prosecuting this important case: the FBI, the Liberal Police Department, the Seward County Sheriff’s Office, the Ford County Sheriff’s Office, the Garden City Police Department, the Dodge City Police Department, the Finney County Sheriff’s Office, the Kansas Highway Patrol, the Kansas Bureau of Investigation, the United States Attorney’s Office, and the Department of Justice’s Civil Rights Division and National Security Division.
The case was tried by Assistant U.S. Attorney Tony Mattivi and Trial Attorneys Risa Berkower and Mary J. Hahn of the Civil Rights Division and supported by Trial Attorney David Cora of the National Security Division’s Counterterrorism Section and Appellate Attorney Danielle Tarin of the Office of Law and Policy.