District of Kansas
Press releases recorded for this federal judicial district.
Wichita Man Sentenced in Armed Bank RobberyRead the Press Release
WICHITA, KAN. - A Wichita man was sentenced Monday to seven years in federal prison for his part in robbing a local bank, U.S. Attorney Tom Beall said.
Andre Bryant, 30, Wichita, Kan., pleaded guilty to one count of aiding and abetting or brandishing a firearm in a crime of violence. In his plea, he admitted that on June 13, 2016, he and co-defendants robbed the Carson Bank at 4461 E. Douglas in Wichita. Two individuals who were disguised entered the bank, one of them brandishing a firearm. They demanded and received money before fleeing. The money they received contained a global positioning device that police used to track Bryant and the co-defendants and arrest them.
Co-defendants Raishat Magill and Elijah Shelton are set for sentencing Thursday.
Beall commended the Wichita Police Department, the Sedgwick County Sheriff’s Department, the FBI and Assistant U.S. Attorney Aaron Smith for their work on the case.
Wichita Man Sentenced for Using Stolen Identity to Take Out $43,000 Car LoanRead the Press Release
WICHITA, KAN. - A Wichita man who used a stolen identity to take out a $43,000 car loan was sentenced Monday to 45 months in federal prison, U.S. Attorney Tom Beall said.
Jacob Michael Martin, 32, Wichita, pleaded guilty to one count of bank fraud and one count of aggravated identity theft. In his plea, Martin admitted he used another man’s identity when he went to CarMax and applied for a loan to buy a 2012 Jaguar. As a result, Wells Fargo Bank issued a loan of $43,599.47 in the victim’s name. Martin presented a counterfeit Kansas driver’s license with his own picture and the name of the victim. He also gave the lender the victim’s Social Security number.
Martin is one of 13 people charged in an indictment filed in May 2016 alleging the conspirators worked together to steal mail from mailboxes, forge identification documents, obtain fraudulent credit cards and shop with stolen identities.
Beall commended the U.S. Postal Inspection Service, the Sedgwick County Sheriff’s Department, the Wichita Police Department, the Bureau of Alcohol, Tobacco, Firearms and Explosives and Assistant U.S. Attorney Alan Metzger for their work on the case.
Former Prison Guard Sentenced for Taking Bribes from InmatesRead the Press Release
KANSAS CITY, KAN. - A former federal prison guard was sentenced Monday to three years in federal prison for taking bribes to smuggle tobacco to inmates, U.S. Attorney Tom Beall said.
Marc Buckner, 47, Kansas City, Kan., pleaded guilty to one count of a public official accepting bribes. In his plea, he admitted the crimes occurred while he worked as a guard at Leavenworth Penitentiary. Buckner said he was paid each time he smuggled tobacco into the prison. He hid tobacco and rolling papers in two handmade insoles in his shoes.
Inmates paid Buckner $750 for each can of Bugler brand tobacco and rolling papers he smuggled. He said he smuggled tobacco once or twice a month for years.
Beall commended the FBI and Assistant U.S. Attorney Jabari Wamble for their work on the case.
Two Kansas Men Charged with Shooting EagleRead the Press Release
WICHITA, KAN. - Two Kansas men were charged Thursday with shooting and killing a golden eagle, U.S. Attorney Tom Beall said.
Michael Dusin, 22, Phillipsburg, Kan., and Elijah J. Kuhlman, 22, Sharon Springs, Kan., are charged with violating the federal Bald and Golden Eagle Protection Act. According to court documents, it is alleged the two defendants were driving around in Wallace County when they saw what they later described as a large, black bird. Dusin told Kuhlman to back up so he could take a shot at the bird. Dusin shot the bird and it fell to the ground.
On Dec. 12, 2016, a natural resource officer with the Kansas Department of Wildlife, Parks and Tourism investigating a report of a dead Eagle found the eagle’s remains in a field and two spent shotgun shells in the road. With the help of the Wallace County Sheriff, investigators identified a Ford F-150 pickup belonging to Kuhlman that had been seen in the area. An autopsy performed at the U.S. Fish and Wildlife Services’ Wildlife Forensics Laboratory in Ashland, Ore., confirmed the Eagle’s remains contained 41 metal pellets.
If convicted, the defendants face up to a year in federal prison and a fine up to $100,000. The Kansas Department of Wildlife, Parks and Tourism, the Wallace County Sheriff and U.S. Fish and Wildlife Service investigated. Assistant U.S. Attorney Matt Treaster is prosecuting.
In all cases, defendants are presumed innocent until and unless proven guilty. The indictments merely contain allegations of criminal conduct.
Topeka Man Charged in Two RobberiesRead the Press Release
KANSAS CITY, KAN. - A Topeka man has been arrested and charged in two robberies, U.S. Attorney Tom Beall said Friday.
The Topeka Police Department assisted the FBI in arresting Joshua Alexander Musgraves, 24, Topeka, Kan., who is charged with two counts of commercial robbery. An indictment filed in U.S. District court in Topeka alleges that on Jan. 6, 2017, Musgraves robbed Plato’s Closet, a clothing store at 1580 S.W. Wanamaker Road in Topeka. The indictment also alleges that on Jan. 20, 2017, Musgraves robbed Kentucky Fried Chicken at 1812 N.W. Topeka Boulevard in Topeka.
If convicted, he faces up to 20 years in federal prison and a fine up to $250,000 on each count. The Topeka Police Department and the FBI investigated. Assistant U.S. Attorney Jared Maag is prosecuting.
In all cases, defendants are presumed innocent until and unless proven guilty. The indictments merely contain allegations of criminal conduct.
Indictment: Topeka Developer Lied Under OathRead the Press Release
TOPEKA, KAN. – A grand jury Wednesday returned a new indictment against Topeka developer Kent Douglas Lindemuth charging him with lying under oath in an effort to hide assets in a bankruptcy, U.S. Attorney Tom Beall said.
Lindemuth, 65, Topeka, Kan., was charged with one count of perjury. Wednesday’s indictment brings the number of federal criminal charges against Lindemuth to 114 counts, including bankruptcy fraud, money laundering, and possession of firearms and ammunition while under indictment. Lindemuth initially was charged in June 2016 in an indictment accusing him of hiding assets after he filed for Chapter 11 bankruptcy protection in November 2012.
The new count alleges Lindemuth committed perjury on Jan. 7, 2013, when he testified under oath at a hearing held by a court-appointed bankruptcy trustee. After being placed under oath by an attorney for the U.S. Trustee Program, Lindemuth stated he had reported all his assets as the law required. He also stated that he would notify his attorney of any changes.
The indictment alleges that at the time he made the statements he was concealing assets, including: An Envista Credit Union account, a US Bank account, a revenue stream of more than $1 million, and firearms with a value of more than $1 million.
Upon conviction, the crimes carry the following penalties:
Perjury: A maximum penalty of five years in federal prison and a fine up to $250,000.
Bankruptcy fraud: A maximum penalty of five years in federal prison and a fine up to $250,000.
Money laundering: Up to 10 years and a fine up to $250,000.
Unlawful possession of firearms and ammunition: Up to 10 years and a fine up to $250,000.
The FBI investigated. Assistant U.S. Attorney Rich Hathaway is prosecuting is prosecuting.
Clearwater Woman Got Order to Sell Meth in a Call from the Sedgwick County JailRead the Press Release
WICHITA, KAN. - A Clearwater woman was sentenced Wednesday to four years in federal prison on a drug trafficking charge, U.S. Attorney Tom Beall said.
Kraysalias Lynn Bernhardt, 21, Clearwater Kan., pleaded guilty to one count of using a telephone in furtherance of drug trafficking. In her plea, she admitted that on Jan. 16, 2016, she talked by phone with co-defendant Samuel Below, who was being held in the Sedgwick County Jail. Below told her to sell methamphetamine that he was storing at her residence. Following his direction, she sold a pound of meth.
Below was sentenced in December to 10 years in federal prison.
Beall commended the U.S. Postal Inspection Service, the Sedgwick County Sheriff’s Department, the Wichita Police Department, the Bureau of Alcohol, Tobacco, Firearms and Explosives investigated and Assistant U.S. Attorney Alan Metzger for their work on the case.
Former Running Store Employee Pleads Guilty to $275,000 TheftRead the Press Release
KANSAS CITY, KAN. - An Olathe man pleaded guilty Tuesday to stealing more than $275,000 in merchandise while he was working for a store that catered to runners, U.S. Attorney Tom Beall said.
Craig W. Sullivan, 41, Olathe, Kan., pleaded guilty to one count of wire fraud. In his plea, he admitted the crime occurred while he worked for Garry Gribble’s Running Sports, which has five locations in the Kansas City area. Sullivan oversaw merchandise arriving at the main store in Overland Park. He was responsible for distributing merchandise to the other locations.
In his plea, Sullivan admitted he stole merchandise – primarily Garmin GPS devices – and sold them to a buyer in California via Craigslist. The buyer used PayPal to send Sullivan 51 payments totaling $275,780.
Sentencing is set for July 10. Sullivan faces up to 20 years in federal prison and a fine up to $250,000. Beall commended the U.S. Postal Service and Assistant U.S. Attorney Chris Oakley for their work on the case.
Mexican Citizen Sentenced to 35 Years for Drug TraffickingRead the Press Release
KANSAS CITY, KAN. - A Mexican citizen unlawfully in the United States was sentenced Monday to 420 months for drug trafficking, U.S. Attorney Tom Beall said.
In July 2016, a federal court jury found Juan Antonio Herrera-Zamora, 33, guilty on one count of attempted possession with intent to sell methamphetamine, one count of possession with intent to sell methamphetamine and one count of unlawful possession of a firearm in furtherance of drug trafficking.
During trial, prosecutors presented evidence that Herrera-Zamora gave instructions via telephone to two men who drove 26 pounds of methamphetamine to Kansas from Oklahoma hidden in a spare tire of their car.
Herrera-Zamora met the men at a Super 8 in Lenexa. His girlfriend accompanied him and there was a baby in the backseat of his car. He hid a gun in the baby’s diaper bag. He took the keys to the car and drove it to a tire shop in Kansas City, Kan., where the tire was removed and cut open. He was arrested at that location.
Herrera-Zamora filed a sentencing memorandum seeking a lesser sentence and citing his upbringing in Guasave, Sinaloa, Mexico. “Mr. Herrera-Zamora comes from a low-income background and realized a great accomplishment by coming to this country when he was about thirteen years old,” the memo said.
Prosecutors cited Herrera-Zamora’s criminal record, starting with a conviction at 17 on two counts of theft and a later drug conviction, followed by twice being deported.
Beall commended the Drug Enforcement and Assistant U.S. Attorney David Zabel for their work on the case.
Kansas City Man Sentenced for Robbing Bank in Prairie VillageRead the Press Release
KANSAS CITY, KAN. - A Kansas City man was sentenced Monday to 63 months in federal prison for robbing a bank in Prairie Village, Kan., U.S. Attorney Tom Beall said.
Darrell Hunter, 51, Kansas City, Mo., pleaded guilty to one count of bank robbery. He admitted that on Dec. 26, 2014, he robbed United Missouri Bank at 6900 Mission Road in Prairie Village
In his plea, Hunter admitted he entered the bank and asked for a deposit slip. He wrote on the slip, “This is a robbery I got a gun put the money in the bag.” He put the money in a duffle bag and left the bank.
Beall commended the FBI, the Prairie Village Police Department and Assistant U.S. Attorney Tris Hunt for their work on the case.
Indictment: Credit Union Was Liquidated After Employee Stole More than $5 MillionRead the Press Release
WICHITA, KAN. – A Parsons woman was indicted Tuesday on federal charges of embezzling more than $5 million from a credit union that was declared insolvent and liquidated, U.S. Attorney Tom Beall said.
Nita Rae Nirschl, 64, Parsons, Kan., is charged in an 81-count indictment including 22 counts of embezzlement, 37 counts of money laundering, 18 counts of interstate transportation of stolen property and four counts of attempting to evade taxes. The indictment alleges the crimes took place while Nirschl worked for the Parsons Pittsburg Credit Union based in Parsons.
Following an audit that found the credit union was insolvent, the credit union was placed in conservatorship and ultimately liquidated in March 2014. The audit revealed that from 2010 to December 2014 Nirschl embezzled more than $5 million from the credit union. The indictment alleges she deposited money stolen from the credit union into her personal accounts. She withdrew the funds as cash from ATMs at Harrah’s North Kansas City casino, the Buffalo Run casino in Miami, Okla., the Stables casino in Miami, Okla., the Downstream casino in Quapaw, Okla., Harrah’s News Orleans casino and Harrah’s Lake Tahoe casino.
Upon conviction, the crimes carry the following penalties:
Embezzlement by a credit union employee: Up to 30 years in federal prison and a fine up to $1 million on each count.
Money laundering: Up to 10 years and a fine up to $250,000 on each count.
Interstate transportation of stolen property: Up to 10 years and a fine up to $250,000 on each count.
Attempt to evade taxes: Up to five years and a fine up to $100,000.
The FBI and the Internal Revenue Service investigated. Assistant U.S. Attorney Lanny Welch is prosecuting.
OTHER INDICTMENTS
Six men from Mexico were indicted Tuesday in a case of alleged alien smuggling.
Adrian Guzman-Rojas, 19, a citizen of Mexico, was charged with one count of knowingly transporting Mexican citizens who were not lawfully in the United States.
In court documents, investigators alleged that on March 10, 2017, Guzman-Rojas was driving a 2012 Buick Enclave when the Kansas Highway Patrol stopped him on Interstate 70 near Ellsworth, Kan. It is alleged that five men in the car with Guzman-Rojas were Mexican citizens who previously had been deported and who had returned to the United States unlawfully.
Charged with one count each of illegally re-entering the United States are the following:
Mario Esqivel-Garduno, 38, Ernesto Galeno-Castillo, 36, Juan Gonzalez-Vicente, 20, Manuel Luna-Macin, 31, and Alejandro Villa-Maldonado, 27, all citizens of Mexico.
Investigators allege Guzman-Rojas was being paid by smugglers in Phoenix.
Upon conviction, the crimes carry the following penalties:
Unlawful transportation of undocumented aliens: Up to five years in federal prison and a fine up to$250,000.
Un-lawful re-entry: Up to two years and a fine up to $250,000.
The case was investigated by the Kansas Highway Patrol, Homeland Security Investigations and Enforcement and Removal Operations, and is being prosecuted by Assistant U.S. Attorney Brent Anderson.
Shannon Marie Grub, 34, Wichita, Kan., is charged with one count of unlawful possession of a firearm in furtherance of drug trafficking, two counts of possession with intent to distribute methamphetamine, and one count of unlawful possession of a firearm by a user of controlled substances. The crimes are alleged to have occurred in May and September 2016 in Wichita.
Upon conviction, the crimes carry the following penalties:
Unlawful possession of a firearm in furtherance of drug trafficking: Not less than five years in federal prison and a fine up to $250,000.
Possession with intent to distribute: Not less than five years and not more than 40 years and a fine up to $2 million.
Unlawful possession of a firearm by a user of controlled substances: up to 10 years and a fine up to $250,000.
The Wichita Police Department investigated. Assistant U.S. Attorney Matt Treaster is prosecuting.
Marquez I. Garcia, 32, Wichita, Kan., is charged with one count of unlawful possession of ammunition following a felony conviction. The crimes are alleged to have occurred Dec. 21, 2016, in Sedgwick County, Kan.
If convicted, he faces up to 10 years in federal prison and a fine up to $250,000. The Wichita Police Department investigated. Assistant U.S. Attorney Lanny Welch is prosecuting.
Randy J. Johnson, 31, Wichita, Kan., is charged with one count of unlawful possession of a firearm following a felony conviction. The crime is alleged to have occurred Jan. 13, 2015, in Sedgwick 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 David Lind is prosecuting.
Oscar Humberto Beltran-Ramirez, 37, Jorge Urquidez-Navarro, 42, and Hector Manuel Gomez-Panduro, 34, are charged with one count each of possession with intent to distribute methamphetamine. In addition, Urquidez-Navarro is charged with knowingly transporting an illegal alien. The crimes are alleged to have occurred March 22, 2017, in Sedgwick County, Kan.
Up conviction, the drug charge carries a penalty of not less than 10 years in federal prison and a fine up to $10 million. The transporting charge carries a penalty of up to five years and a fine up to $250,000. The Drug Enforcement Administration investigated. Special Assistant U.S. Attorney Brent Anderson is prosecuting.
In all cases, defendants are presumed innocent until and unless proven guilty. The indictments merely contain allegations of criminal conduct
Two Sentenced in Robbery at Bank in Stilwell, Kan.Read the Press Release
KANSAS CITY, KAN. – Jacob L. Smith, 19, Kansas City, Kan., was sentenced Monday to 300 months in federal prison for a bank robbery in which he shot at law enforcement officers during a high-speed chase, U.S. Attorney Tom Beall said. Co-defendant Danille Morris, 27, Kansas City, Kan., whose 19-month child was with her in the getaway car, was sentenced to 200 months.
Smith pleaded guilty to one count of bank robbery and one count of brandishing a firearm. Morris pleaded guilty to one count of bank robbery, one count of brandishing a firearm and one count of unlawfully possessing a firearm following a felony conviction.
In his plea, Smith admitted that on March 9, 2016, he and co-defendant Gary Jordan, 40, Kansas City, Kan., brandished handguns when they entered the First National Bank at 7460 W. 199th Street in Stilwell, Kan. They held tellers at gunpoint before fleeing with cash stuffed in a backpack. Jordan took the wheel of the getaway car.
During the next 25 minutes, the robbers were pursued by the Kansas Highway Patrol, the Leawood Police Department and other law enforcement agencies as they fled across the Kansas/Missouri state line. During the chase, Smith fired at officers six times from the car. After the car overturned on a sharp turn, the defendants were arrested. Throughout the chase, Morris and her 19-month-old child were in the car.
Beall commended all the agencies that assisted in the investigation including the FBI, the Johnson County Sheriff’s Office, the Kansas Highway Patrol, the Leawood Police Department, the Kansas City, Kan., Police Department and the Kansas City, Mo., Police Department, as well as the prosecutor, Assistant U.S. Attorney Chris Oakley.
Woman from Peru Charged with Identity TheftRead the Press Release
WICHITA, KAN. – A woman from Peru who came to the United States in 2005 on a visitor’s visa and stayed has been charged in federal court here with identity theft and document fraud, U.S. Attorney Tom Beall said today.
The woman, Jennifer Leyva, 35, who has lived in Wichita since at least 2013, is alleged to have used at least three different identities to get jobs at several Wichita-area businesses. She was arrested Tuesday by agents of the Kansas Department of Labor and Homeland Security Investigations, who investigated the case, and she was scheduled to make an initial court appearance Wednesday before U.S. Magistrate Judge Gwynne E. Birzer.
A federal grand jury indicted Leyva March 16 on 10 counts, including two counts of aggravated identity theft, two counts of identity document fraud, two counts of lying of an I-9 Employment Eligibility Verification form, and four counts of misuse of a Social Security number. The charges relate to the defendant’s employment at health care-related businesses in Wichita.
If convicted, the defendant faces up to five years in prison and a $250,000 fine on each count. Assistant U.S. Attorney Brent Anderson is prosecuting. As in any criminal case, defendants are presumed innocent until and unless proven guilty.
Overland Park Man Pleads Guilty to Distributing Child PornographyRead the Press Release
KANSAS CITY, KAN. – An Overland Park man pleaded guilty Monday to distributing child pornography on the Internet while posing as a 46-year-old woman, U.S. Attorney Tom Beall said.
Frank Joseph Kurtz, 70, Overland Park, Kan., pleaded guilty to one count of distributing child pornography. In his plea, he admitted that an investigation by the Israeli National Police first identified emails in which Kurtz used the alias “Lisayearning46” to send child pornography to another person. The FBI in Kansas followed an electronic trail to Kurtz, who registered with Yahoo under the name “Lisa Lewis” and used photos he found on the Internet as his profile picture.
Kurtz is scheduled for sentencing July 10. Both parties have agreed to recommend a sentence of 97 months in federal prison. Beall commended the FBI, the Heart of America Regional Computer Forensics Laboratory and Assistant U.S. Attorney Kim Flannigan for their work on the case.
Miami County Man Pleads Guilty to Bank RobberyRead the Press Release
KANSAS CITY, KAN. – A Miami County man pleaded guilty Monday to robbing a bank in Overland Park, U.S. Attorney Tom Beall said.
Paul A Sundquist, 29, Louisburg, Kan., pleaded guilty to one count of bank robbery. In his plea, he admitted that on Sept. 19, 2016, he robbed the Stanley Bank, 7835 W.151st in Overland Park, Kan. Sundquist showed a clerk a note demanding money before receiving the cash and fleeing the bank. A bystander got a partial tag number on Sundquist’s pickup truck. Sundquist was monitoring police radio traffic on his cell phone. When he heard police had his tag number he called 911 and surrendered.
Sentencing will be set for a later date. He faces up to 20 years and a fine up to $250,000.
Beall commended the FBI, the Overland Park Police Department and Assistant U.S. Attorney Terra Morehead for their work on the case.
Justice Department Seeks to Shut Down Kansas City Tax Return Preparer and BusinessRead the Press Release
Defendants Allegedly Prepare Fraudulent Tax Returns in Order To Understate Customers’ Tax Or Overstate Their Refunds
A tax return preparer and his preparation business in the Kansas City, Kansas area prepare fraudulent tax returns for their customers, according to a new civil lawsuit filed by the Justice Department today. The suit, filed in federal court in Kansas City, Kansas, asks the court to permanently bar Everett Bias and the company he owns and operates called Integrity Solutions Tax Consultants Inc. (ISTC) from preparing federal tax returns for others. The government also asks the court to order Bias and ISTC to turn over the names of customers for whom they have prepared federal tax returns since 2012.
The complaint alleges that the defendants unlawfully understate their customers’ income tax liabilities and overstate these customers’ refunds. According to the complaint, Bias and ISTC unlawfully prepare federal tax returns that lower their customers’ federal tax liabilities by using S corporations. This type of corporation passes corporate income, losses, deductions, and credits to its shareholders for federal tax purposes. Shareholders report the flow-through of income and losses on their personal tax returns and are assessed tax at their individual income tax rates. According to the government’s complaint, Bias and ITSC misreport S Corporation items on their customers’ personal income tax returns by:
• Failing to report customers’ pass-through income as taxable income on the customers’ personal income tax returns;
• Falsely lowering the income of customers’ S corporations and then reporting that false lowered income amount on the customers’ personal income tax returns;
• Improperly double-deducting customers’ personal expenses, such as mortgage interest and real estate taxes, on customers’ corporate and personal returns; and
• Preparing and filing tax returns for fictitious S corporation businesses in order to improperly deduct customers’ personal expenses as business expenses.
According to the complaint, Bias and ISTC also allegedly fabricate itemized deductions on their customers’ personal tax returns, such as unreimbursed employee business expenses and medical/dental expenses, to fraudulently reduce their customers’ taxable income. Furthermore, the government alleges that Bias and ISTC similarly assert that some customers operate a business as a sole proprietorship, which is required to report its profit or loss on a Schedule C (Form 1040, Schedule C, “Profit or Loss from Business”) to the income tax return. According to the complaint, Bias and ISTC allegedly fabricate the income and expenses of the fictitious business to show a loss, which falsely lowers their customers’ taxable income.
According to the complaint, the Internal Revenue Service (IRS) has examined 200 tax returns prepared by Bias and ISTC and calculated a tax loss to the government of at least $828,506. The complaint alleged that out of these 200 tax returns, the IRS examined 130 personal tax returns. The IRS found that the defendants understated their customers’ liabilities or overstated their refund on 117 of the 130 personal tax returns (90 percent), according to the complaint.
Return preparer fraud is one of the IRS’s Dirty Dozen Tax Scams for 2017 and taxpayers seeking a return preparer should remain vigilant. The IRS has some tips on their website for choosing a return preparer and has launched a free directory of federal tax preparers.
In the past decade, the Tax Division has obtained injunctions against hundreds of unscrupulous tax preparers. Information about these cases is available on the Justice Department’s website. An alphabetical listing of persons enjoined from preparing returns and promoting tax schemes can be found on this page. If you believe that one of the enjoined persons or businesses may be violating an injunction, please contact the Tax Division with details.
Kansas Man Pleads Guilty to Making False Statements in Federal Hate Crime InvestigationRead the Press Release
WASHINGTON – Diego Martinez, 28, pleaded guilty yesterday to making false statements to the FBI during a federal hate crime investigation arising from a June 19, 2015, bias-motivated assault of three black Somali men in Dodge City, Kansas. Martinez pleaded guilty in the District of Kansas to one count of making materially false statements to the FBI during an October 2015 voluntary interview.
During the plea hearing, Martinez admitted that, during the interview, he had provided the FBI with a false alibi for the time of the assault—specifically, that although he had told the FBI that he had been with an unknown woman at the time that the Somali men were attacked, this alibi was false. He further admitted that he falsely told the FBI that his cell phone had stopped working shortly after the assault, when, in fact, Martinez had used his phone to contact, and to attempt to contact, one of the men who perpetrated the attack. Martinez admitted that he knew these statements were false at the time he made them to the FBI, and that they were material to the FBI’s investigation into the attack.
“Hate violence not only harms individuals but also threatens the diversity of our society and the well-being of our communities,” said Acting Assistant Attorney General Tom Wheeler for the Justice Department’s Civil Rights Division. “The Justice Department will continue to vigorously prosecute hate crimes, and to pursue defendants who, like Mr. Martinez, obstruct the investigations into those crimes.”
Martinez will be sentenced on June 1, 2017, and faces a maximum sentence of 5 years in prison.
This case was investigated by the FBI’s Garden City Resident Agency with assistance from the Dodge City Police and the Ford County, Kansas, Sheriff’s Departments. The case is being prosecuted by Trial Attorney Risa Berkower and Special Litigation Counsel Jared Fishman of the Civil Rights Division’s Criminal Section, with assistance from Assistant U.S. Attorney Mona Furst of the District of Kansas.
Kansas Man Pleads Guilty to Making False Statements in Federal Hate Crime InvestigationRead the Press Release
Diego Martinez, 28, pleaded guilty yesterday to making false statements to the FBI during a federal hate crime investigation arising from a June 19, 2015, bias-motivated assault of three black Somali men in Dodge City, Kansas. Martinez pleaded guilty in the District of Kansas to one count of making materially false statements to the FBI during an October 2015 voluntary interview.
During the plea hearing, Martinez admitted that, during the interview, he had provided the FBI with a false alibi for the time of the assault—specifically, that although he had told the FBI that he had been with an unknown woman at the time that the Somali men were attacked, this alibi was false. He further admitted that he falsely told the FBI that his cell phone had stopped working shortly after the assault, when, in fact, Martinez had used his phone to contact, and to attempt to contact, one of the men who perpetrated the attack. Martinez admitted that he knew these statements were false at the time he made them to the FBI, and that they were material to the FBI’s investigation into the attack.
“Hate violence not only harms individuals but also threatens the diversity of our society and the well-being of our communities,” said Acting Assistant Attorney General Tom Wheeler for the Justice Department’s Civil Rights Division. “The Justice Department will continue to vigorously prosecute hate crimes, and to pursue defendants who, like Mr. Martinez, obstruct the investigations into those crimes.”
Martinez will be sentenced on June 1, 2017, and faces a maximum sentence of 5 years in prison.
This case was investigated by the FBI’s Garden City Resident Agency with assistance from the Dodge City Police and the Ford County, Kansas, Sheriff’s Departments. The case is being prosecuted by Trial Attorney Risa Berkower and Special Litigation Counsel Jared Fishman of the Civil Rights Division’s Criminal Section, with assistance from Assistant U.S. Attorney Mona Furst of the District of Kansas.
Kansas City Area Laboratory Owner Charged for Illegally Storing Hazardous Waste and Obstructing Environmental Protection AgencyRead the Press Release
Ahmed el-Sherif, the owner/operator and radiation safety officer for Beta Chem Laboratory in Lenexa, Kansas, was charged today with illegally storing hazardous waste and obstructing an agency proceeding, announced Acting Assistant Attorney General Jeff Wood for the Justice Department’s Environment and Natural Resources Division, U.S. Attorney Tom Beall for the District of Kansas, and Jessica Taylor, Director of the Criminal Investigation Division of the U.S. Environmental Protection Agency (EPA).
According to allegations contained in the two-count indictment:
El-Sherif, 61, a chemist, started Beta Chem in the mid-1990s, which he owned and operated. Beta Chem used radioactive Carbon-14 and solvents in the operation, under license by the Kansas Department of Health and Environment (KDHE). KDHE has assumed certain regulatory authority from the U.S. Nuclear Regulatory Commission under the Atomic Energy Act. In September 2005, KDHE performed an inspection of Beta Chem and discovered extensive radioactive contamination in the laboratory, and the next day issued an Emergency Order of Suspension of License. U.S. EPA conducted a hazardous waste inspection the same month, and subsequently notified el-Sherif of hazardous waste violations under the Resource Conservation and Recovery Act (RCRA). During the ensuing years, KDHE communicated with el-Sherif about the radioactive contamination at Beta Chem. 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 EPA executed a search warrant at Beta Chem on January 22, 2014, where agents discovered numerous containers containing hazardous wastes and contaminated with radiation. EPA’s Superfund program subsequently engaged in a removal action and disposed of the hazardous waste at a cost of over $760,000. In the process of assessing el-Sherif’s ability to pay for cleanup costs, EPA requested financial information. El-Sherif submitted three Beta Chem tax returns to EPA that he falsely claimed had been filed and that contained fictitious and misleading information.
An indictment is an allegation based upon a grand jury finding of probable cause. A defendant is presumed innocent unless and until convicted. If convicted of both charges, el-Sherif faces up to ten years in prison, and also could be fined.
Acting Assistant Attorney General Wood and U.S. Attorney Beall thanked the U.S. EPA for its work in this investigation. This case is being prosecuted by the Environmental Crimes Section of the Department of Justice and the U.S. Attorney’s Office. Senior Counsel Krishna S. Dighe with the Department of Justice’s Environmental Crimes Section in Washington, D.C., and Assistant U.S. Attorney Anthony Mattivi are in charge of the prosecution.
Kansas City Area Laboratory Owner Charged with Illegally Storing Hazardous WasteRead the Press Release
WASHINGTON – Ahmed el-Sherif, the owner/operator and radiation safety officer for Beta Chem Laboratory in Lenexa, Kansas, was charged today with illegally storing hazardous waste and obstructing an agency proceeding, announced Acting Assistant Attorney General Jeff Wood for the Justice Department’s Environment and Natural Resources Division, U.S. Attorney Tom Beall for the District of Kansas, and Jessica Taylor, Director of the Criminal Investigation Division of the U.S. Environmental Protection Agency (EPA).
According to allegations contained in the two-count indictment:
El-Sherif, 61, a chemist, started Beta Chem in the mid-1990s, which he owned and operated. Beta Chem used radioactive Carbon-14 and solvents in the operation, under license by the Kansas Department of Health and Environment (KDHE). KDHE has assumed certain regulatory authority from the U.S. Nuclear Regulatory Commission under the Atomic Energy Act. In September 2005, KDHE performed an inspection of Beta Chem and discovered extensive radioactive contamination in the laboratory, and the next day issued an Emergency Order of Suspension of License. U.S. EPA conducted a hazardous waste inspection the same month, and subsequently notified el-Sherif of hazardous waste violations under the Resource Conservation and Recovery Act (RCRA). During the ensuing years, KDHE communicated with el-Sherif about the radioactive contamination at Beta Chem. 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 EPA executed a search warrant at Beta Chem on January 22, 2014, where agents discovered numerous containers containing hazardous wastes and contaminated with radiation. EPA’s Superfund program subsequently engaged in a removal action and disposed of the hazardous waste at a cost of over $760,000. In the process of assessing el-Sherif’s ability to pay for cleanup costs, EPA requested financial information. El-Sherif submitted three Beta Chem tax returns to EPA that he falsely claimed had been filed and that contained fictitious and misleading information.
An indictment is an allegation based upon a grand jury finding of probable cause. A defendant is presumed innocent unless and until convicted. If convicted of both charges, el-Sherif faces up to ten years in prison, and also could be fined.
Acting Assistant Attorney General Wood and U.S. Attorney Beall thanked the U.S. EPA for its work in this investigation. This case is being prosecuted by the Environmental Crimes Section of the Department of Justice and the U.S. Attorney’s Office. Senior Counsel Krishna S. Dighe with the Department of Justice’s Environmental Crimes Section in Washington, D.C., and Assistant U.S. Attorney Anthony Mattivi are in charge of the prosecution.
Indictment: Mail Carrier Stole Gift Cards from MailRead the Press Release
WICHITA, KAN. – A grand jury Thursday returned a federal indictment charging a mail carrier in Sheridan County with stealing mail, U.S. Attorney Tom Beall said.
James N. Stephenson, 25, Hoxie, Kan., is charged with one count of theft by a postal employee, one count of unlawful possession of 15 or more stolen gift cards and debit cards, and one count of aggravated identity theft. The crimes are alleged to have occurred from August 2016 to January 2017 in Sheridan County, Kan.
The indictment alleges Stephenson stole the cards from the mail while he worked for the Post Office in Hoxie. If convicted, he faces up to five years in federal prison, and a $250,000 fine on the theft charge, 10 years and a fine up to $250,000 on possession of the stolen cards, and a mandatory two years (consecutive) on the identity theft charge. The U.S. Postal Inspection Service – Office of Inspector General investigated. Assistant U.S. Attorney Brent Anderson is prosecuting.
OTHER INDICTMENTS
Davonte Chaney, 24, Lawrence, Kan., is charged with five counts of hiding and delaying mail while he was employed by the U.S. Postal Service and assigned to Rural Route 21 in Lawrence, Kan. The crimes are alleged to have occurred in May and June 2016 in Douglas County, Kan.
If convicted, he faces up to five years in federal prison and a fine up to $250,000 on each count. The U.S. Postal Service – Office of Inspector General investigated. Assistant U.S. Attorney Leon Patton is prosecuting.
Fabian Nahum-Aguirre, 36, a citizen of Mexico, Victor Butzoc-Ramirez, 20, a citizen of Guatemala, are charged with one count of possession with intent to distribute methamphetamine (count one), one count of possession with intent to distribute heroin (count two), one count of unlawful possession of a firearm in furtherance of drug trafficking (count three), and one count each of possession of a firearm by an illegal alien (counts four and five). The crimes are alleged to have occurred Feb. 7, 2017, in Sedgwick County.
If convicted, they face up 20 years in federal prison and a fine up to $1 million on counts one and two, not less than five years and a fine up to $250,000 on count three, and up to 10 years and a fine up to $250,000 on counts four and five. Immigration and Customs Enforcement’s Enforcement Removal Operations investigated. Assistant U.S. Attorney Brent Anderson is prosecuting.
Zoyla Vital-Chairez, 58, a citizen of Mexico, is charged with one count of making a false statement on a U.S. passport application (count one), one count of falsely claiming to be a U.S. citizen (count two), one count of misusing a Social Security number (count three), one count of possession of false documents (count five) and two counts of aggravated identity theft (counts four and six). The crimes are alleged to have occurred in 2015 and 2016 in Sedgwick County, Kan.
If convicted, he faces up to 10 years in federal prison and a fine up to $250,000 on count one, up to three years and a fine up to $250,000 on count two, up to five years and a fine up to $250,000 on count three, up to 15 years and a fine up to $250,000 on count five, and a mandatory two years (consecutive) on counts four and six. The U.S. Department of State investigated. Assistant U.S. Attorney Brent Anderson is prosecuting.
In all cases, defendants are presumed innocent until and unless proven guilty. The indictments merely contain allegations of criminal conduct.
Federal Indictment: Two Men Robbed Convenience Store in TopekaRead the Press Release
TOPEKA, KAN. – Two Topeka men were indicted Wednesday on federal charges of robbing a convenience store, U.S. Attorney Tom Beall said.
Marsoleno Devon Ryland, 34, and Christopher Allen Bush, 26, both of Topeka, are charged with one count of commercial robbery. The indictment alleges that on Feb. 2, 2017, they robbed Casey’s General Store at 600 S.E. Rice Road in Topeka.
If convicted, they face up to 20 years in federal prison and a fine up to $250,000. The Topeka Police Department and the FBI investigated. Assistant U.S. Attorney Jared Maag is prosecuting.
OTHER GRAND JURY INDICTMENTS
Marquell D. Hill, 31, Wichita, Kan., is charged with one count of commercial robbery, one count of brandishing a firearm during a robbery and one count of unlawful possession of a firearm following a felony conviction.
The indictment alleges that Hill brandished a Model AP9 handgun on March 2, 2017, when he robbed the Family Dollar at 2201 E. Central in Wichita.
If convicted, he faces up to 20 years in federal prison and a fine up to $250,000 on the robbery charge, not less than seven years on the brandishing charge, and up to 10 years on the other charge. The Wichita Police Department and the FBI investigated. Assistant U.S. Attorney Lanny Welch is prosecuting.
James Carter Heard, Jr., 45, Junction City, Kan., is charged with one count of failing to register as required by the federal Sex Offender Registration and Notification Act.
He faces up to 10 years in federal prison and a fine up to $250,000. The U.S. Marshals Service investigated. Assistant U.S. Attorney Christine Kenney is prosecuting.
Henry D. McKnight, 20, who is in custody at the Shawnee County Jail, is charged with one count of unlawful possession of a firearm following a felony conviction. The crime is alleged to have occurred Dec. 24, 2016, 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 Dustin Slinkard is prosecuting.
Tyler D. Vickery, 22, who is in custody in the Shawnee County Jail, is charged with one count of unlawful possession of a firearm following a felony conviction. The crime is alleged to have occurred Jan. 21, 2017, 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 Duston Slinkard is prosecuting.
Troy M. Shields, 45, and Chas W. Summerville, 28, both of whom are in custody at the Shawnee County Jail, are charged with one count each of unlawful possession of a firearm following a felony conviction. The crimes are alleged to have occurred Feb. 21, 2017, in Topeka, Kan.
If convicted, each of them 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 Duston Slinkard is prosecuting.
In all cases, defendants are presumed innocent until and unless proven guilty. The indictments merely contain allegations of criminal conduct.
Man Sentenced for Using Stolen Identity to Try to Buy $52,000 Car in WichitaRead the Press Release
WICHITA, KAN. B An Arizona man was sentenced Monday to two years of prison for using a stolen identity in an effort to buy a $52,000 car from a Wichita auto dealer, U.S. Attorney Tom Beall said.
Thomas Rye, 37, Phoenix, Ariz., pleaded guilty to one count of wire fraud. In his plea, he admitted that on Jan. 2, 2016, he called Eddy’s Chrysler Dodge Jeep Ram in Wichita and applied for a pre-approved line of credit to purchase a car. He used a stolen identity for a credit check and tried to use the victim’s credit to buy a Dodge Challenger Hellcat valued at $52,725. Mistakes in the credit application paperwork caused employees of the dealership to become suspicious and they called police. Rye was arrested at the scene.
Rye was one of 13 defendants named in an indictment in May alleging they were part of an organization that attempted to fraudulently obtain a total of $3.5 million in credit and cash. The indictment alleged the conspirators divided up the work of stealing mail from mailboxes, fraudulently applying for credit and shopping with stolen identities.
The sentence is to be served concurrently with a sentence in another case in Arizona.
Beall commended the U.S. Postal Inspection Service, the Sedgwick County Sheriff’s Department, the Wichita Police Department, the Bureau of Alcohol, Tobacco, Firearms and Explosives, Assistant U.S. Attorney Alan Metzger and Assistant U.S. Attorney Debra Barnett for their work on the case.
Leavenworth Man Sentenced to 20 Years for Distributing Child PornographyRead the Press Release
WICHITA, KAN. – A Leavenworth man who bragged on the Internet about sexually abusing a 4-year-old girl was sentenced Monday to 20 years in federal prison for distributing child pornography, U.S. Attorney Tom Beall said.
Joshua Grimm, 33, Leavenworth, Kan., pleaded guilty to one count of distributing child pornography. At sentencing, a prosecutor said the investigation started in June 2016 when Grimm began communicating with a detective in Arizona who was working undercover. In a chatroom conversation, Grimm told the detective Grimm had sexually abused a 4-year-old-girl and he sent a photo of the girl. At the time, child molestation charges were pending against Grimm. Grimm told the detective he had “thought about kidnapping a young girl from a park or busy store.”
Beall commended the FBI, an Internet Crimes Against Children Task Force in Arizona and Assistant U.S. Attorney Kim Flannigan for their work on the case.
Former Bennington City Clerk Sentenced in Two Embezzlement CasesRead the Press Release
TOPEKA, KAN. - A former city clerk for the city of Bennington, Kan., was sentenced Monday to a total of 16 months in federal prison in two separate cases of interstate transportation of embezzled funds, U.S. Attorney Tom Beall said. She also was ordered to pay $184,000 in restitution.
In the first case, Janetta Marie Buttery, 42, Bennington, Kan., pleaded guilty to one count of interstate transportation of stolen funds. In her plea, Buttery said she served as city clerk from October 2014 to May 2016 and left the position before the city discovered the crime. In her position as clerk she had access to credit cards belonging to the city and the city’s Recreation Commission. She used the cards to make unauthorized payments totaling more than $75,000.
In the second case, Buttery pleaded guilty to one count of interstate transportation of embezzled funds while she worked as secretary, bookkeeper and executive assistant to the owner of Realty Associates in Salina, Kan. She embezzled more than $79,000 in the company’s funds to make payments on personal debts belonging to herself and her family members.
Beall commended the FBI and Assistant U.S. Attorney Rich Hathaway for their work on the case.
Indictment: Claiming to be Blind, Defendant Drove to AppointmentsRead the Press Release
WICHITA, KAN. – An Army veteran from Reno County has been indicted on federal charges of collecting $63,000 in benefits by pretending to be blind, U.S. attorney Tom Beall said today.
Billy J. Alumbaugh, 61, and his ex-wife, Debra K. Alumbaugh, both of Turon, Kan., are charged with one count of conspiracy to defraud the government and one count of theft of government funds. An indictment unsealed today alleges Alumbaugh fraudulently received a supplemental monthly pension by claiming he was legally blind and needed assistance to perform routine activities. Alumbaugh falsely claimed he was unable to drive and needed assistance with tasks such as reading medication labels, grocery shopping and going to doctor appointments.
The indictment alleges Alumbaugh made periodic trips to the Veterans Administration hospital in Wichita, where specialists were unable to identify medical reasons for his blindness. From 2009 to 2016, while he was receiving supplemental assistance, he maintained a Kansas driver’s license that did not require corrective lenses. He routinely drove his car during that time.
On October 2016 he was seen with his ex-wife arriving at the VA hospital in Wichita. She was driving and helped him out of the car and into the building. She did the same when the appointment was over. After driving a few blocks, they stopped the car and switched seats so he could drive.
If convicted, they face up to five years in federal prison and a fine up to $250,000 on the conspiracy charge, and up to 10 years and a fine up to $250,000 on the theft count. The Veterans Administration Office of Inspector General investigated. Assistant U.S. Attorney Brent Anderson is prosecuting.
In all cases, defendants are presumed innocent until and unless proven guilty. The indictments merely contain allegations of criminal conduct.
Wichita Woman Gets 3 1/2 Year Sentence for Defrauding Social SecurityRead the Press Release
WICHITA – A woman who continued to receive her grandmother’s Social Security payments after the grandmother died was sentenced Monday to 45 months in federal prison, U. S. Attorney Tom Beall said.
Verlarina Ruth Collins, 49, Wichita, pleaded guilty to defrauding the Social Security Administration (SSA) between 2007 and 2013 of more than $40,000 and to aggravated identity theft in connection with the fraud. In addition, Collins was ordered to repay money she stole.
Collins was sentenced by U.S. District Judge Eric Melgren, who sentenced Collins to 21 months on the fraud charge and a statutorily required 24 months on the aggravated identity theft charge. By law, the terms must run consecutively.
Because the grandmother was receiving the benefits on her late husband’s Social Security account as his survivor, the SSA did not connect her death to her husband’s account and continued to make the payments, which Collins converted to her own use.
Beall praised the SSA’s Office of Inspector General for its investigation of the case and Assistant U.S. Attorney Brent Anderson for his prosecution.
Indictment: Mail Theft Scheme Rested on Theft of Master KeyRead the Press Release
WICHITA, KAN. – A 61-count federal indictment returned Tuesday charged 11 defendants in a case involving the alleged theft of mail from Wichita mailboxes, identity theft and bank fraud.
The indictment alleges that on Dec. 8, 2012, Wichita police learned that a U.S. Postal Service vehicle was burglarized and a master key was stolen that could open mailboxes throughout the Wichita metro area. Copies of the stolen key were used to steal mail, including checks and money orders. Methods used to cash the checks and money orders include adding a person’s name to the payee line, removing the original payee and substituting another name, forging signatures of account holders, and making counterfeit checks using the stolen information
Defendants named in the indictment include:
Brandon L. Amend, 30, Wichita, Kan.
Bettye L. Amend, 26, Wichita, Kan.
Cory D. Blanchard, 33
Ashley M. Campbell, 30, Valley Center, Kan.
Jason A. Farner, 33, Leavenworth, Kan.
Keith P. Gipson, 30, Wichita, Kan.
Krista A. Goodwin, 27, Wichita, Kan.
Jason L. West, 31, Wichita, Kan.
Cole P. Kelly, 32, Wichita, Kan.
Shalan D. Hiatt, 37
Jera L. Hammond, 25, Wichita, Kan.
Upon conviction, the crimes carry the following penalties:
Receipt of stolen mail: Up to five years in federal prison and a fine up to $250,000 on each count.
Theft of mail: Up to10 years and a fine up to $250,000 on each count.
Bank fraud: Up to 30 years and a fine up to $1 million on each count.
Aggravated identity theft: A mandatory two years (consecutive) and a fine up to $250,000 on each count.
Unlawful possession of a firearm by a user of controlled substances: Up to 10 years and a fine up to $250,000.
The U.S. Postal Inspection Service and the Wichita Police Department investigated. Assistant U.S. Attorney Lanny Welch and Special Assistant U.S. Attorney Kimberly Rodebaugh are prosecuting.
OTHER INDICTMENTS
Danny Russell Thomas, 50, Augusta, Kan., is charged with one count of wire fraud, three counts of attempted wire fraud, seven counts of aggravated identity theft and two counts of bankruptcy fraud. The indictment alleges he used stolen identities to apply for loans and to attempt to purchase autos.
If convicted, he faces up to 20 years and a fine up to $250,000 on each of the wire fraud charges, a mandatory two years (consecutive) on each identity theft charge and up to five years and a fine up $250,000 on each of the bankruptcy charges. The Secret Service and the U.S. Trustee investigated. Assistant U.S. Attorney Alan Metzger is prosecuting.
Chanel K. Wiseman, 28, Wichita, Kan., is charged with two counts of receiving stolen mail, one count of possession of methamphetamine, one count of attempted wire fraud, one count of aggravated identity theft, two counts of possessing fraudulent identification documents and one count of unlawful possession of a firearm by a user of controlled substances.
Upon conviction, the crimes carry the following penalties:
Receipt of stolen mail: Up to five years in federal prison and a fine up to $250,000.
Possession of methamphetamine: Up to a year in prison and a fine of at least $1,000.
Wire fraud: Up to 20 years and a fine up to $250,000.
Aggravated identity theft: A mandatory two years (consecutive) and a fine up to $250,000 on each count.
Possession of fraudulent identification documents: Up to five years and a fine up $250,000 on each count.
Unlawful possession of a firearm by a user of controlled substances: Up to 10 years and a fine up to $250,000.
The U.S. Postal Inspection Service investigated. Assistant U.S. Attorney Lanny Welch is prosecuting.
Adan Lucas Vail, 28, a citizen of Guatemala, is charged with unlawfully re-entering the United States after being deported. He was found Dec. 20, 2016, in Seward 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 Brent Anderson is prosecuting.
Gilberto Diaz-Castro, 55, a citizen of Mexico, is charged with unlawfully re-entering the United States after being deported. He was found Feb. 9, 2017, in Finney County, Kan.
If convicted, he faces up to two years in federal prison and a fine up to $250,000. Immigration and Custom Enforcement’s Enforcement Removal Operations investigated. Assistant U.S. Attorney Brent Anderson is prosecuting.
William Myron McGold, 42, Wichita, Kan., is charged with one count of making a false statement when purchasing a firearm and one count of aggravated identity theft. The crimes are alleged to have occurred Dec. 10, 2016, at Goddard Gunnery in Sedgwick County, Kan.
If convicted, he faces up to 10 years in federal prison and a fine up to $250,000 on the firearm count, and a mandatory two years (consecutive) and a fine up to $250,000 on the aggravated identity theft charge. The Bureau of Alcohol, Tobacco, Firearms and Explosives investigated. Assistant U.S. Attorney Alan Metzger is prosecuting.
Michael Scott Ramsey, 32, is charged with escaping from custody at Mirror Incorporated, a halfway house in the 3800 block of North Toben in Wichita.
If convicted, he faces up to five years and a fine up to $250,000. The U.S. Marshal Service investigated. Assistant U.S. Attorney Jason Hart is prosecuting.
In all cases, defendants are presumed innocent until and unless proven guilty. The indictments merely contain allegations of criminal conduct.
Wichita Man Convicted on Federal Human Trafficking ChargesRead the Press Release
WICHITA, KAN. – A jury on Thursday found a Wichita man guilty on federal human trafficking charges, U.S. Attorney Tom Beall said.
Daederick Lacy, 25, Wichita, Kan., was convicted on one count of sex trafficking of a minor, one count of sex trafficking of an adult by force, fraud or coercion and one count of interstate transportation of a minor in furtherance of prostitution.
During trial prosecutors, presented evidence that three female victims – two minors and an adult – worked as prostitutes under Lacy’s direction. Lacy advertised victims on an adult Web site, rented rooms at motels for sex, transported victims to meetings with men who paid for sex, and drove a minor victim from Kansas to Texas to serve as a prostitute.
Sentencing is set for May 11. He faces a penalty of not less than 10 years on the first and third counts, and not less than 15 years and a fine up to $250,000 on the second count. Beall commended the Wichita Police Department, the Mesquite (Texas) Police Department, and Assistant U.S. Attorney Jason Hart for their work on the case.
Kansas Tax Preparer Sentenced to Prison for Preparing Fraudulent Tax ReturnsRead the Press Release
WASHINGTON – A Kansas City, Kansas return preparer was sentenced to serve 27 months in prison today, announced Acting Deputy Assistant Attorney General Stuart M. Goldberg of the Justice Department’s Tax Division and U.S. Attorney Thomas Beall for the District of Kansas.
According to documents filed with the court, Antoine Dorsey owned and operated Day-1 Tax Service, a tax preparation business in Kansas City. From 2009 through 2012, Dorsey reported fictitious business income on his clients’ returns to qualify them for the earned income tax credit, and claim refunds to which they were not entitled. Dorsey caused a tax loss to the Internal Revenue Service (IRS) of approximately $74,487.
In addition to the prison term imposed, Dorsey was ordered to serve one year of supervised release and to pay restitution in the amount of $88,467 including $74,487 to the IRS. On April 6, 2016, Dorsey pleaded guilty to aiding and assisting in the preparation of a fraudulent tax return.
Acting Deputy Assistant Attorney General Goldberg and U.S. Attorney Beall commended special agents of IRS-Criminal Investigation, who conducted the investigation, and Assistant U.S. Attorney Scott C. Rask and Trial Attorney John T. Mulcahy of the Tax Division, who are prosecuting the case.
Additional information about the Tax Division and its enforcement efforts may be found on the division’s website.
IF YOU HAVE QUESTIONS, PLEASE USE THE CONTACTS IN THE MESSAGE OR CALL THE OFFICE OF PUBLIC AFFAIRS AT 202-514-2007.
Kansas Return Preparer Sentenced to Prison for Preparing Fraudulent Tax ReturnsRead the Press Release
A Kansas City, Kansas return preparer was sentenced to serve 27 months in prison today, announced Acting Deputy Assistant Attorney General Stuart M. Goldberg of the Justice Department’s Tax Division and U.S. Attorney Thomas Beall for the District of Kansas.
According to documents filed with the court, Antoine Dorsey owned and operated Day-1 Tax Service, a tax preparation business in Kansas City. From 2009 through 2012, Dorsey reported fictitious business income on his clients’ returns to qualify them for the earned income tax credit, and claim refunds to which they were not entitled. Dorsey caused a tax loss to the Internal Revenue Service (IRS) of approximately $74,487.
In addition to the prison term imposed, Dorsey was ordered to serve one year of supervised release and to pay restitution in the amount of $88,467 including $74,487 to the IRS. On April 6, 2016, Dorsey pleaded guilty to aiding and assisting in the preparation of a fraudulent tax return.
Acting Deputy Assistant Attorney General Goldberg and U.S. Attorney Beall commended special agents of IRS-Criminal Investigation, who conducted the investigation, and Assistant U.S. Attorney Scott C. Rask and Trial Attorney John T. Mulcahy of the Tax Division, who are prosecuting the case.
Additional information about the Tax Division and its enforcement efforts may be found on the division’s website.
Kansas Men Sentenced for Roles in Federal Hate Crime Against Somali MenRead the Press Release
Armando Sotelo, 24, was sentenced to two years of supervised release today for a hate crime offense arising from his assault of a black Somali man on June 19, 2015, in Dodge City, Kansas. Omar Cantero Martinez, 32, was sentenced to 26 months imprisonment and two years of supervised release today for committing perjury during a hate crimes prosecution arising from the same assault. Martinez also pleaded guilty today to an illegal reentry charge.
On November 29, 2016, Sotelo pleaded guilty to one count of a hate crime violation. During his plea hearing, he admitted that he assaulted the victim, identified as M.H.D., because of M.H.D.’s race and national origin. Sotelo admitted that he and two other men approached M.H.D., who is black and from Somalia, while M.H.D. was sitting on a bench with two other Somali men outside an African market. The defendant approached the bench from one side, while the two men with him approached the bench from the other. Sotelo and the others all yelled racial and anti-Somali slurs at M.H.D. and the two other Somali men on the bench. The defendant then punched M.H.D. in the head without any justification, causing M.H.D. bodily injury. Following the assault, Sotelo fled the scene and directed another person to wash his clothing, which was bloody from the assault.
Also on November 29, 2016, Martinez pleaded guilty to one count of perjury for providing materially false testimony during an October 2016 federal criminal jury trial related to the hate crime assault. During his plea hearing, Martinez admitted that on the night of June 19, 2015, he had used a broken glass bottle to stab victim S.A.M. and slash victim A.M.A. without justification. Martinez also admitted that racial and anti-Somali slurs were used during the attack and that he and Sotelo instigated the attack. He further admitted that he provided false testimony about the incident during a federal jury trial in which he and Sotelo were charged with hate crimes offenses for the attack; that he knew his testimony was false at the time that he gave it; and that his false testimony was material to the hate crimes charges.
“Hate violence not only harms individuals but also threatens the diversity of our society and the well-being of our communities,” said Acting Assistant Attorney General Tom Wheeler for the Justice Department’s Civil Rights Division. “In this case, Sotelo attacked the victim because of the color of his skin and his country of origin, inflicting bodily injury during the assault. Martinez participated in the assault and lied about it to a federal jury. The Justice Department will continue to vigorously prosecute hate crimes so that all people can live their lives with the security, protection and freedom they deserve.”
This case was investigated by the FBI’s Garden City Resident Agency with assistance from the Dodge City Police Department and the Ford County, Kansas, Sheriff’s Department. The case is being prosecuted by Trial Attorney Risa Berkower and Special Litigation Counsel Jared Fishman of the Civil Rights Division’s Criminal Section with assistance from Assistant U.S. Attorney Mona Furst of the District of Kansas.
Kansas Men Sentenced for Roles in Federal Hate Crime Against Black Somali MenRead the Press Release
Armando Sotelo, 24, was sentenced to two years of supervised release today for a hate crime offense arising from his assault of a black Somali man on June 19, 2015, in Dodge City, Kansas. Omar Cantero Martinez, 32, was sentenced to 26 months imprisonment and two years of supervised release today for committing perjury during a hate crimes prosecution arising from the same assault. Martinez also pleaded guilty today to an illegal reentry charge.
On November 29, 2016, Sotelo pleaded guilty to one count of a hate crime violation. During his plea hearing, he admitted that he assaulted the victim, identified as M.H.D., because of M.H.D.’s race and national origin. Sotelo admitted that he and two other men approached M.H.D., who is black and from Somalia, while M.H.D. was sitting on a bench with two other Somali men outside an African market. The defendant approached the bench from one side, while the two men with him approached the bench from the other. Sotelo and the others all yelled racial and anti-Somali slurs at M.H.D. and the two other Somali men on the bench. The defendant then punched M.H.D. in the head without any justification, causing M.H.D. bodily injury. Following the assault, Sotelo fled the scene and directed another person to wash his clothing, which was bloody from the assault.
Also on November 29, 2016, Martinez pleaded guilty to one count of perjury for providing materially false testimony during an October 2016 federal criminal jury trial related to the hate crime assault. During his plea hearing, Martinez admitted that on the night of June 19, 2015, he had used a broken glass bottle to stab victim S.A.M. and slash victim A.M.A. without justification. Martinez also admitted that racial and anti-Somali slurs were used during the attack and that he and Sotelo instigated the attack. He further admitted that he provided false testimony about the incident during a federal jury trial in which he and Sotelo were charged with hate crimes offenses for the attack; that he knew his testimony was false at the time that he gave it; and that his false testimony was material to the hate crimes charges.
“Hate violence not only harms individuals but also threatens the diversity of our society and the well-being of our communities,” said Acting Assistant Attorney General Tom Wheeler for the Justice Department’s Civil Rights Division. “In this case, Sotelo attacked the victim because of the color of his skin and his country of origin, inflicting bodily injury during the assault. Martinez participated in the assault and lied about it to a federal jury. The Justice Department will continue to vigorously prosecute hate crimes so that all people can live their lives with the security, protection and freedom they deserve.”
This case was investigated by the FBI’s Garden City Resident Agency with assistance from the Dodge City Police Department and the Ford County, Kansas, Sheriff’s Department. The case is being prosecuted by Trial Attorney Risa Berkower and Special Litigation Counsel Jared Fishman of the Civil Rights Division’s Criminal Section with assistance from Assistant U.S. Attorney Mona Furst of the District of Kansas.
Roofing Company Owner Pleads Guilty to Harboring Illegal Aliens Who Worked for HimRead the Press Release
KANSAS CITY, KAN. B A Shawnee man who was co-owner of a roofing company pleaded guilty today to providing employment, transportation and housing for undocumented workers from Mexico who he knew were in the United States illegally, U.S. Attorney Tom Beall said.
Tommy Frank Keaton, 71, Shawnee, Kan., co-owner of Canadian West, Inc., and RAM Metal Products, doing business as Century Roofing, pleaded guilty to one count of knowingly harboring illegal aliens. In his plea, he admitted the crime occurred while he operated Century Roofing at 6 South 59th St. Lane in Kansas City, Kan. Keaton provided vehicles to some Mexican citizens who worked for his company, as well as housing at a residence he owned in the 1500 block of South 18th Street in Kansas City, Kan. He admitted that about $1.4 million the government seized from him are the proceeds of the offense and are subject to forfeiture.
Beall commended Homeland Security Investigations (HSI), the Kansas Department of Revenue, the Clay County Sheriff’s Department, the Overland Park Police Department, the Wyandotte County Sheriff’s Department, the Kansas City, Kan., Police Department, the Lenexa Police Department, the Shawnee Police Department and Assistant U.S. Attorney Brent Anderson for their work on the case.
Kansas Agricultural Scientist Convicted in Theft of Engineered RiceRead the Press Release
WASHINGTON – A federal jury returned guilty verdicts today in the case of a Chinese scientist, who was charged with conspiring to steal samples of a variety of rice seeds from a Kansas biopharmaceutical research facility.
Acting Assistant Attorney General Kenneth A. Blanco of the Justice Department’s Criminal Division, Acting Assistant Attorney General Mary B. McCord of the Justice Department’s National Security Division and U.S. Attorney Tom Beall of the District of Kansas made the announcement.
Weiqiang Zhang, 50, a Chinese national residing in Manhattan, Kansas, was convicted on one count of conspiracy to steal trade secrets, one count of conspiracy to commit interstate transportation of stolen property and one count of interstate transportation of stolen property.
Evidence at trial established that Zhang worked as a rice breeder for Ventria Bioscience in Junction City, Kansas. Ventria develops genetically programmed rice to express recombinant human proteins, which are then extracted for use in the therapeutic and medical fields. Zhang has a master’s degree in agriculture from Shengyang Agricultural University in China and a doctorate degree from Louisiana State University.
According to trial evidence, Zhang acquired without authorization hundreds of rice seeds produced by Ventria and stored them at his residence in Manhattan. The rice seeds have a wide variety of health research applications and were developed to express either human serum albumin, contained in blood, or lactoferrin, an iron-binding protein found, for example, in human milk. Ventria used locked doors with magnetic card readers to restrict access to the temperature-controlled environment where the seeds were stored and processed.
Trial evidence demonstrated that in the summer of 2013, personnel from a crop research institute in China visited Zhang at his home in Manhattan. Zhang drove the visitors to tour facilities in Iowa, Missouri and Ohio. On Aug. 7, 2013, U.S. Customs and Border Protection officers found seeds belonging to Ventria in the luggage of Zhang’s visitors as they prepared to leave the United States for China.
The FBI’s Little Rock, Arkansas, Field Office and Kansas City, Missouri, Field Office, U.S. Customs and Border Protection and the U.S. Attorney’s Office for the Eastern District of Arkansas investigated the case. Trial Attorney Matt Walczewski of the National Security Division, Trial Attorneys Brian Resler and Evan Williams of the Computer Crime and Intellectual Property Section (CCIPS) and Assistant U.S. Attorney Scott Rask of the District of Kansas prosecuted the case.
Kansas Agricultural Scientist Convicted in Theft of Engineered RiceRead the Press Release
A federal jury returned guilty verdicts today in the case of a Chinese scientist, who was charged with conspiring to steal samples of a variety of rice seeds from a Kansas biopharmaceutical research facility.
Acting Assistant Attorney General Kenneth A. Blanco of the Justice Department’s Criminal Division, Acting Assistant Attorney General Mary B. McCord of the Justice Department’s National Security Division and U.S. Attorney Tom Beall of the District of Kansas made the announcement.
Weiqiang Zhang, 50, a Chinese national residing in Manhattan, Kansas, was convicted on one count of conspiracy to steal trade secrets, one count of conspiracy to commit interstate transportation of stolen property and one count of interstate transportation of stolen property.Evidence at trial established that Zhang worked as a rice breeder for Ventria Bioscience in Junction City, Kansas. Ventria develops genetically programmed rice to express recombinant human proteins, which are then extracted for use in the therapeutic and medical fields. Zhang has a master’s degree in agriculture from Shengyang Agricultural University in China and a doctorate degree from Louisiana State University.
According to trial evidence, Zhang acquired without authorization hundreds of rice seeds produced by Ventria and stored them at his residence in Manhattan. The rice seeds have a wide variety of health research applications and were developed to express either human serum albumin, contained in blood, or lactoferrin, an iron-binding protein found, for example, in human milk. Ventria used locked doors with magnetic card readers to restrict access to the temperature-controlled environment where the seeds were stored and processed.
Trial evidence demonstrated that in the summer of 2013, personnel from a crop research institute in China visited Zhang at his home in Manhattan. Zhang drove the visitors to tour facilities in Iowa, Missouri and Ohio. On Aug. 7, 2013, U.S. Customs and Border Protection officers found seeds belonging to Ventria in the luggage of Zhang’s visitors as they prepared to leave the United States for China.
The FBI’s Little Rock, Arkansas, Field Office and Kansas City, Missouri, Field Office, U.S. Customs and Border Protection and the U.S. Attorney’s Office for the Eastern District of Arkansas investigated the case. Trial Attorney Matt Walczewski of the National Security Division, Trial Attorneys Brian Resler and Evan Williams of the Computer Crime and Intellectual Property Section (CCIPS) and Assistant U.S. Attorney Scott Rask of the District of Kansas prosecuted the case.
Indictment: Running Store Employee Stole Merchandise Worth $200,000+Read the Press Release
WICHITA, KAN. – A federal grand jury returned an indictment Wednesday charging an Olathe man who worked at a store catering to runners with stealing more than $250,000 in merchandise, U.S. Attorney Tom Beall said.
Craig W. Sullivan, 41, Olathe, Kan., is charged with 10 counts of wire fraud and three counts of mail fraud. The indictment alleges the crimes occurred while Sullivan worked for Garry Gribble’s Running Sports, which has five locations in the Kansas City area. Sullivan oversaw merchandise arriving at the main store in Overland Park. He was responsible for distributing merchandise to the other locations.
The indictment alleges Sullivan stole merchandise -- mainly Garmin GPS running watches – and sold them to an individual in California who operated an online business on eBay. Sullivan shipped the stolen merchandise to California via the U.S. Postal Service and received payment via PayPal. The indictment alleges he received 51 payments totaling about $275,780.
If convicted, he faces up to 20 years in federal prison and a fine up to $250,000 on each count. The U.S. Postal Service investigated. Assistant U.S. Attorney Chris Oakley is prosecuting.
Other Indictments
Andre U. Randle, 36, who is in custody, is charged with one count of bank robbery. The indictment alleges that on Feb. 1, 2017, he robbed the U.S. Bank at 10959 Parallel Parkway, Kansas City, Kan. According to court documents, he gave a clerk a note saying, “I have 2 guns. Don’t make me use them,” before leaving the bank with stolen cash in a purple pillow case. Officers of the Kansas City, Kan., Police Department stopped his car in the 6900 block of Troop and arrested him.
If convicted, he faces up to 20 years in federal prison and a fine up to $250,000. The Kansas City, Kan., Police Department and the FBI investigated. Assistant U.S. Attorney Chris Oakley is prosecuting.
Brandon V. Wells, 22, Wichita, Kan., is charged with executing a series of commercial robberies in Wichita. The charges include:
Count one: Robbing Circle K at 1250 S. Rock on Jan. 27, 2017.
Count two: Robbing O’Reilly Auto Parts at 4818 E. Lincoln on Jan. 28, 2017.
Count three: Robbing O’Reilly Auto Parts at 4635 S. Broadway on Jan. 30, 2017.
Count four: Robbing O’Reilly Auto Parts at 4130 W. Central on Feb. 4, 2017.
Count five: Robbing Auto Zone at 3320 N. Rock on Feb. 5, 2017.
Count six: Robbing O’Reilly Auto Parts at 3109 E. Pawnee on Feb. 6, 2017.
Count seven: Brandishing a firearm during the Feb. 6, 2017, robber at O’Reilly Auto Parts at 3109 E. Pawnee.
Count eight: Robbing O’Reilly Auto Parts at 4818 E. Lincoln on Feb. 6, 2017.
Count nine: Brandishing a firearm during the Feb. 6, 2017, robbery at O’Reilly Auto Parts at 4818 E. Lincoln.
If convicted, he faces up to 20 years in federal prison and a fine up to $250,000 on each robbery count, and not less than seven years and a fine up to $250,000 on each count of brandishing a firearm. The Wichita Police Department, the FBI and the Safe Streets Task Force investigated. Assistant U.S. Attorney Lanny Welch is prosecuting.
Luis A. Mendez-Aguirre, 35, San Elizareo, Texas, is charged with one count of possession with intent to distribute cocaine. The crime is alleged to have occurred Feb. 3, 2017, in Sedgwick County, Kan.
If convicted, he faces up 20 years in federal prison and a fine up to $1 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.
Missouri Man Arrested, Charged with Osage City Bank RobberyRead the Press Release
WICHITA, KAN. – A Missouri man has been arrested and charged with robbing a bank in Osage City, Kan., U.S. Attorney Tom Beall said today.
Hunter Lee Prewitt, 28, Mountain Grove, Mo., was charged with one count of bank robbery. It is alleged that on Jan. 25, 2017, Prewitt robbed the Landmark National Bank at 106 South 6th Street in Osage City. According to court records, Prewitt gave a teller a note saying: “This a robbery. Give me all one hundreds, fifties and twenties.” He left the bank with cash and drove away in a white pickup truck.
Starting with a description of the truck, investigators obtained video surveillance photos and followed Prewitt’s movements including a stop at a gas station in Osage City before the robbery and a pawn shop in Lyndon, Kan. The Missouri Highway Patrol used that information to identify a 2003 Ford F-150 pickup registered to Prewitt. A crime intelligence analyst with the Kansas Bureau of Investigation conducted a search of law enforcement tag readers and he found more information on Prewitt and the truck. Prewitt was arrested outside Springfield, Mo.
If convicted, Prewitt faces up to 20 years in federal prison and a fine up to $250,000. Investigating agencies included the FBI, the KBI, the Osage County Sheriff’s Office, the Missouri State Highway Patrol and the Heart of America Computer Forensics Laboratory. Assistant U.S. Attorney Jared Maag is prosecuting.
In all cases, defendants are presumed innocent until and unless proven guilty. The indictments merely contain allegations of criminal conduct.
Registered Sex Offender Pleads Guilty to Distributing Child PornRead the Press Release
WICHITA KAN. – A registered sex offender who has been living in Wichita pleaded guilty Monday to distributing child pornography, U.S. Attorney Tom Beall said.
Jeremy Michael Schmidt, formerly known as Jeremy Michael Davis, 41, Wichita, Kan., pleaded guilty to one count of distributing child pornography. In 2013, Schmidt was convicted in Florida on a possession of child pornography charge and registered as a sex offender under the name Jeremy Michael Davis. He later changed his name to Jeremy Michael Schmidt.
Schmidt came to the attention of investigators in Wichita when they received four separate Cyber Tipline Reports from the National Center for Missing and Exploited Children. Investigators identified emails in which Schmidt provided links to child pornography.
Sentencing is set for May 1. He faces a penalty of not less than 15 years and not more than 40 years in federal prison and a fine up to $250,000. Beall commended the Wichita Police Department, Homeland Security Investigations, the Internet Crimes Against Children Task Force and Assistant U.S. attorney Jason Hart for their work on the case.
Mail Carrier Pleads Guilty to Stealing MailRead the Press Release
WICHITA, KAN. – A Derby man pleaded guilty in federal court in Wichita today to stealing mail while he worked as a mail carrier, U.S. Attorney Tom Beall said.
Gary W. Yenzer, 34, Derby, Kan., pleaded guilty to one count of theft of U.S. mail. In his plea, he admitted that in August and September 2016 while working as a mail carrier in rural Sedgwick County he stole mail. Investigators learned Yenzer looked for birthday and anniversary cards so he could remove cash and gift cards. He kept the cash and sold some of the gift cards for cash, but he did not use the gift cards for fear of them bring traced to him.
Sentencing is set for May 1. The government has agreed to recommend a sentence of a year and a day in prison. Beall commended the U.S. Postal Service-Office of Inspector General and Assistant U.S. Attorney Brent Anderson for their work on the case.
Wichita Man Charged in Two Armed RobberiesRead the Press Release
WICHITA, KAN. - A Wichita man was charged in federal court here today in two armed robberies at auto parts stores, U.S. Attorney Tom Beall said.
Brandon V. Wells, 22, Wichita, Kan., was charged with two counts of commercial robbery and two counts of brandishing a firearm during a robbery.
According to court records, it is alleged that on Feb. 6, 2017, Wells was carrying a firearm when he and an accomplice robbed O’Reilly Auto Parts at 3109 E. Pawnee in Wichita. Wells used a handgun to threaten employees before he and the accomplice fled the store with stolen cash.
Two Wichita police officers who heard the robbery call set up surveillance at a nearby O’Reilly’s Auto Parts Store at 4818 E. Lincoln. The officers noted that the back door was propped open when they arrived and they soon saw the subjects leave the store. One subject escaped but they were able to arrest Wells.
If convicted, Wells faces a penalty of up to 20 years in federal prison and a fine up to $250,000 on each robbery charge, and not less than seven years (consecutive to the underlying sentence) on the first brandishing charge and 25 years on the second brandishing charge. The Wichita Police Department, the FBI and the Safe Streets Task Force investigated. Assistant U.S. Attorney Lanny Welch is prosecuting.
In all cases, defendants are presumed innocent until and unless proven guilty. The indictments merely contain allegations of criminal conduct.
Federal Firearms Charges Filed Against Five Men in TopekaRead the Press Release
TOPEKA, KAN. – Five Topeka men were indicted Wednesday in separate cases on federal firearms charges, U. S. Attorney Tom Beall said.
The defendants are:
Amir Antwan Torenze Peppers, 24, who is in custody in the Shawnee County Jail, one count of unlawful possession of a firearm following a felony conviction.
Mason Cameron Reves, 27, Topeka, Kan., one count of unlawful possession of a firearm following a felony conviction, and one count of unlawful possession of a sawed off shotgun.
Bruce Mayo Nichols II, 34, Topeka, Kan., one count of unlawful possession of a firearm following a felony conviction.
Oscar D. Rangel, 28, who is in custody in the Shawnee County Jail, one count of unlawful possession of a firearm following a felony conviction, and one count of possession of a stolen firearm.
Chad C. Ramage, 46, Topeka, Kan., one count of unlawful possession of a firearm following a felony conviction.
Under federal law it is illegal for convicted felons to possess firearms. If convicted, the defendants face up to 10 years in federal prison and a fine up to $250,000. Investigating agencies included the FBI and the Bureau of Alcohol, Tobacco, Firearms and Explosives. The cases are being prosecuted by Assistant U.S. Attorney Jared Maag, Assistant U.S. Attorney Greg Hough, and Assistant U.S. Attorney Duston Slinkard.
In all cases, defendants are presumed innocent until and unless proven guilty. The indictments merely contain allegations of criminal conduct.
Topeka Man Sentenced for Conspiracy in Interstate Sex Trafficking CaseRead the Press Release
TOPEKA, KAN. B A Topeka man was sentenced Monday to 46 months in federal prison for conspiring to operate an interstate sex trafficking business, U.S. Attorney Tom Beall said.
Barry M. Johnson, 40, Topeka, Kan., pleaded guilty to one count of conspiracy. In his plea, he admitted conspiring with co-defendants to run a Topeka-based prostitution business that operated in Kansas, Missouri and Nebraska. At times, as many as 20 females were working as prostitutes for the organization. The leader of the organization rented houses where some of the prostitutes were allowed to live. The organization used Web sites, social media and cell phones to advertise sexual services and to keep track of prostitutes.
Johnson admitted he recruited and groomed potential sex workers for the organization. Johnson would notify the leader of the conspiracy he had a female who was ready to work and they would negotiate how much he would be paid.
Co-defendants include:
Frank Boswell, 43, Topeka, Kan., who is set for jury trial March 7.
Michaela Hekekia, 37, Topeka, who is set for sentencing March 20.
Rachel Flenniken, 34, Topeka, Kan., who is awaiting sentencing.
Sean P. Hall, 47, Topeka, Kan., who is awaiting sentencing.
Shannon Nelson, 23, Topeka, Kan., who is set for sentencing May 1.
Beall commended the Topeka Police Department, Homeland Security Investigations, the FBI and Assistant U.S. Attorney Christine Kenney for their work on the case.
In all cases, defendants are presumed innocent until and unless proven guilty. The indictments merely contain allegations of criminal conduct.
Kansas Store Owner, Customer Sentenced for Federal Firearms ViolationsRead the Press Release
WICHITA, KAN. B A Kansas store owner and a customer were sentenced Monday for violating the National Firearm Act, U.S. Attorney Tom Beall said.
Shane Cox, 45, Chanute, Kan., owner of an Army surplus store in Chanute called Tough Guys, was sentenced to two years on probation and ordered to pay an $800 special assessment. In November, a federal jury convicted him on the following charges:
Unlawful possession of an explosive device not registered in the National Firearms Transfer Record (counts two and four).
Unlawful possession of an unregistered firearm, short barreled rifle (count three).
Unlawful transfer of an unregistered silencer (counts six, seven, eight, nine and 11).
Making an unregistered silencer (count 10).Engaging as a dealer and manufacturer of silencers without paying a federal occupational tax (count 12).
Unlawful possession of an unregistered silencer (count 13).
Co-defendant Jeremy Kettler, 28, Chanute, Kan., was sentenced to one year on probation and ordered to pay a $100 dollar special assessment. In November, a jury convicted him on one count of unlawful possession of an unregistered silencer (count 13).
During trial, the government presented evidence that Cox manufactured silencers and sold them without registering them. Prosecutors also presented evidence that Cox possessed explosive devices that were not registered.
Beall commended the Bureau of Alcohol, Tobacco, Firearms and Explosives and Assistant U.S. Attorney Rich Hathaway for their work on the case.
Topeka Woman Sentenced for Sex Trafficking of 17-Year-OldRead the Press Release
TOPEKA, KAN. – A Topeka woman was sentenced Friday to 34 months in federal prison for the sex trafficking of a 17-year-old girl, U.S. Attorney Tom Beall said.
Tiara Jade Newman, 23, Topeka, pleaded guilty to one count of conspiracy to commit sex trafficking. In her plea, she admitted that on March 21, 2015, she and her husband, co-defendant Reginald Newman, 30, Topeka, Kan., took a 17-year-old girl from Topeka to Junction City, Kan., for the purpose of prostitution.
The Newmans rented two rooms at a Value Place motel in Junction City. They used one room for performing commercial sex acts and slept in the other room. Newman and the girl met a solder from Fort Riley at the Value Place motel. The soldier paid $250 to have sex with both of them.
Tiara Newman took the girl along on an “out call” to the Fairfield Inn in Manhattan, Kan. Newman told a customer there that the girl was new and she was showing her the business. The customer noticed that the girl was nervous and gave her a tip.
Reginald Newman kept all the money from the commercial sex acts. He pleaded guilty and is awaiting sentencing.
Beall thanked Assistant U.S. Attorney Christine Kenney and the following agencies for their work on the case: The Topeka Police Department, Homeland Security Investigations, the Riley County Police Department, the Junction City Police Department, the Kansas Department of Revenue, the Fort Riley Police Department, the Ottawa Police Department, the Shawnee County District Attorney’s Office, the Pottawatomie County Attorney, the Riley County Attorney and local human trafficking victim specialists.
Indictment: Man Used Stolen Identities to Apply for Car LoansRead the Press Release
WICHITA, KAN. – A Wichita man was indicted Tuesday on federal charges of using stolen identities to applying for car loans, U.S. Attorney Tom Beall said.
Reu Charles Chamberlain, 30, Wichita, Kan., is charged with three counts of wire fraud and three counts of aggravated identity theft. The indictment alleges he used identification bearing his picture along with information from stolen identities to apply for the following car loans:
-- $48,902 for a 2016 Dodge challenger at Eddy’s Chrysler Jeep Dodge.
-- $44,746 for a 2015 Dodge Challenger at Midway Motors.
-- $30,740 for a 2013 Cadillac CTS at Super Car Guys.
If convicted, he faces up to 20 years in federal prison and a fine up to $250,000 on each wire fraud count, and a mandatory two years (consecutive) on each of the other counts. The U.S. Postal Inspection Service investigated. Assistant U.S. Attorney Alan Metzger is prosecuting.
OTHER GRAND JURY INDICTMENTS
Heraclio Estrella-Montero, 30, who is unlawfully in in the United States; Yoan Alejandro Castillo-Zamora, 30, who is unlawfully in the United States; Fernando Chavez-Rodriguez, 40, who is unlawfully in the United States; Michael Cura, 43, Edinburg, Texas; and Richard Slauenwhite, 33, Rio Grande, Texas, are charged with one count of conspiracy to distribute methamphetamine and one count of possession with intent to distribute methamphetamine. The crimes are alleged to have occurred Jan. 9 to Jan. 13, 2017, in Shawnee County, Kan.
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 Greg Hough is prosecuting.
George S. James, 48, Brookhaven, Ga., is charged with one count of wire fraud and one count of aggravated identity theft.
James first appeared in court Jan. 24 on a criminal complaint charging him with wire fraud. The indictment adds an aggravated identity theft count. James is accused of carrying out an e-mail spoofing scheme that cost Sedgwick County $566,000. He is alleged to have stolen the identity of a Cornejo and Sons executive so he could divert a payment the county meant to send to the company.
If convicted, he faces up to 20 years in federal prison and a fine up to $250,000 on the wire fraud count and a mandatory two years (consecutive) on the identity theft charge. The FBI, the Sedgwick County Sheriff’s Office and the Wichita Police Department investigated. Assistant U.S. Attorney Alan Metzger is prosecuting.
Greggory K. O’Neal, 33, Derby, Kan., Sarah Beth Myers, 20, El Dorado, Kan., and Ashley N. Moore, 30, Wichita, Kan., are charged with drug trafficking. O’Neal is charged with four counts of possession with intent to distribute methamphetamine (counts 1, 3, 5 and 6), two counts of possession with intent to distribute marijuana (counts 2 and 4) and one count of distributing methamphetamine (count 7). Meyers and Moore are charged with one count each of possession with intent to distribute methamphetamine (counts 3 and 6 respectively). The crimes are alleged to have occurred in 2015 and 2016 in Sedgwick County, Kan.
Upon conviction, the crimes carry the following penalties:
Counts 1, 6 and 7: Not less than 10 years in federal prison and a fine up to $10 million.
Counts 2 and 4: Up to five years and a fine up to $250,000.
Counts 3 and 5: Not less than five and not more than 40 years and a fine up to $5 million.
The Drug Enforcement Administration, the Wichita Police Department and the Sedgwick County Sheriff’s Office investigated. Assistant U.S. Attorney Lanny Welch is prosecuting.
Samuel Garcia-Ayala, 34, a citizen of Mexico, is charged with one count of unlawful possession of a firearm by a person unlawfully in the United States, one count of unlawful possession of a false document, and one count of aggravated identity theft. He was found Jan. 3, 2017, in Ford County, Kan.
If convicted, he faces up to 10 years in federal prison and a fine up to $250,000 on the firearm charge and the document charge, and a mandatory two years (consecutive) on the identity theft charge. Immigration and Customs Enforcement’s Enforcement Removal Operations investigated. Assistant U.S. Attorney Brent Anderson is prosecuting.
Juan Manuel Araujo-Gutierrez, 31, a citizen of Mexico, is charged with one count of unlawfully re-entering the United states after being deported. He was found Jan. 5, 2017, in Reno county, Kan.
If convicted, he faces up to two years in federal prison and a fine up to $250,000. Immigration and Customs Enforcement’s Enforcement Removal Operations investigated. Assistant U.S. Attorney Brent Anderson is prosecuting.
Irineo Martinez-Merino, 36, a citizen of Mexico, is charged with one count of unlawful possession of a firearm by a person unlawfully in the United States. The crime is alleged to have occurred May 5, 2016, in Marion County, Kan.
If convicted, he faces up to 10 years in federal prison and a fine up to $250,000. Immigration and Customs Enforcement’s Enforcement Removal Operations investigated. Assistant U.S. Attorney Brent Anderson is prosecuting.
Genaro Herrera-Hernandez, 32, a citizen of Mexico, is charged with one count of unlawfully re-entering the United states after being convicted of a crime and deported. He was found Dec. 22, 2016, in Sedgwick County, Kan.
If convicted, he faces up to 20 years in federal prison and a fine up to $250,000. Homeland Security Investigations investigated. Assistant U.S. Attorney Brent Anderson is prosecuting.
Wade A. Dunn, 28, Wichita, Kan., is charged with one count of unlawful possession of a firearm following a felony conviction. The crime is alleged to have occurred Oct. 5, 2016, in Sedgwick 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 David Lind is prosecuting.
Kip Allen Koch, 44, Chanute, Kan., is charged with four counts of distributing methamphetamine The crimes are alleged to have occurred in July and August 2016 in Neosho County, Kan.
If convicted, he faces a penalty of not less than 10 years on two of the counts and not less than five years on the other two counts. He also faces a fine up to $10 million on two of the counts and up to $5 million on the other two counts. The Kansas Bureau of Investigation investigated. Special Assistant U.S. Attorney Kimberly Rodebaugh is prosecuting.
Miguel Lizarraga Sauceda, 21, Federal Way, Wash., is charged with one count of possession with one count of possession with intent to distribute methamphetamine. The crime is alleged to have occurred Dec. 27, 2016, in Seward County, Kan.
If convicted, he faces not less than 10 years in federal prison and a fine up to $10 million. The Drug Enforcement Administration investigated. Special Assistant U.S. Attorney Kimberly Rodebaugh is prosecuting.
Osvaldo Aguilar, 25, a resident of Mexico, is charged with possession with intent to distribute approximately 19.7 kilograms of cocaine. The crime is alleged to have occurred Dec. 30, 2016, in Clark County, Kan.
If convicted, he faces not less than 10 years in federal prison and a fine up to $10 million. The Drug Enforcement Administration investigated. Special Assistant U.S. Attorney Kimberly Rodebaugh is prosecuting.
In all cases, defendants are presumed innocent until and unless proven guilty. The indictments merely contain allegations of criminal conduct.
Kansas Man Sentenced for Exporting FirearmsRead the Press Release
WASHINGTON – A Kansas man was sentenced today to 52 months in prison for his role in a scheme involving the illegal export of firearms from the United States using a hidden online marketplace, announced Acting Assistant Attorney General Kenneth A. Blanco of the Justice Department’s Criminal Division and U.S. Attorney Tom Beall of the District of Kansas.
Michael Andrew Ryan, aka Brad Jones and GunRunner, 36, of Manhattan, Kansas, previously pleaded guilty to six counts of exporting and attempting to export firearms illegally from the United States to individuals located in other countries on June 6, 2016, and was remanded into custody on Oct. 6, 2016. In addition to imposing today’s prison sentence, U.S. District Judge Daniel D. Crabtree of the District of Kansas ordered Ryan to forfeit all firearms and ammunition seized by law enforcement during the investigation.
In connection with his plea, Ryan admitted that he used the hidden internet marketplace Black Market Reloaded, a website hosted on the Tor network where users can traffic anonymously in illegal drugs and other illegal goods, to unlawfully export or attempt to export firearms from the United States to Cork, Ireland; Mallow, Ireland; Pinner, England; Edinburgh, Scotland; Victoria, Australia. These goods included dozens of firearms, including pistols, revolvers, UZIs and Glocks, some from which the manufacturer’s serial numbers had been removed, altered or obliterated, as well as magazines and hundreds of rounds of ammunition.
The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) Kansas City Field Division investigated the case with assistance from ATF’s National Investigative Division; U.S. Customs and Border Protection; U.S. Immigration and Customs Enforcement’s Homeland Security Investigations; and the Manhattan and Riley County, Kansas, Police Departments. Assistant U.S. Attorney Greg Hough of the District of Kansas and Senior Counsel Marie-Flore Johnson of the Criminal Division’s Computer Crime and Intellectual Property Section prosecuted the case.
Hunting Guide from Elk County Charged with Lacy Act ViolationsRead the Press Release
WICHITA, KAN. – A Kansas hunting guide was indicted Tuesday on charges of violating the Lacy Act and the federal Migratory Bird Treaty Act, U.S. Attorney Tom Beall said. Two of the guide’s employees and a hunter from Georgia also were charged.
The 21-count indictment alleges violations including exceeding daily bag limits, killing waterfowl over bait, killing hawks, using electronic bird calls and possessing untagged birds.
The Migratory Bird Treaty Act makes it a federal crime to kill migratory birds except with a permit and in compliance with state hunting regulations. The Lacy Act makes it unlawful to sell or transport wildlife taken in violation of state hunting regulations.
Named in the indictment are:
Josh Hedges, 34, Grenola, Kan., owner of Eagle Head Outfitters, one count of conspiracy to violate the Lacy Act and 12 counts of unlawful sale and transport of wildlife.
Jerad Stroot, 25, Colwich, Kan., employee of Eagle Head Outfitters, six counts of unlawful sale or transport of wildlife.
Allen Stroot, 32, Park City, Kan., employ of Eagle Head Outfitters, one count of violating the Migratory Bird Act.
Steve Seagraves, 61, Douglasville, Ga., a customer of Eagle Head Outfitters, one count of violating the Migratory Bird Act.
Upon conviction, counts 1 through 8, 12 through 16, 18 and 19 carry a penalty of up to five years in federal prison and a fine up to $250,000 (see attached indictment). The other counts carry a penalty of up to six months and a fine up to $5,000. The U.S. Fish and Wildlife Service and the Kansas Department of Wildlife, Parks and Tourism investigated.
In all cases, defendants are presumed innocent until and unless proven guilty. The indictments merely contain allegations of criminal conduct.
Wichita Man Pleads Guilty in Jewelry Store Robbery and Bank RobberyRead the Press Release
WICHITA, KAN. B A Wichita man who held a jewelry store owner at gunpoint pleaded guilty Monday in that incident and a separate bank robbery, U.S. Attorney Tom Beall said.
Terence L. Thomas, 25, Wichita, Kan., pleaded guilty to one count of brandishing a firearm during the jewelry store incident and one count of bank robbery.
In the jewelry store incident, Thomas admitted he had a knife when he approached the owner of Kim Chee Jewelry at 2038 N. Broadway as the owner and his wife arrived for work. The owner drew a handgun in self-defense. The two men wrestled and shots were fired before Thomas got the gun. He forced the owner to open the door to the business. When Thomas tried to drag the owner’s wife into the business, she fell to the ground, feigning a heart attack. Thomas fled the scene after the owner locked him out of the business. A witness took photos of Thomas’ car as he fled, which helped police to identify Thomas and arrest him.
In a separate incident a month earlier, Thomas robbed the Fidelity Bank at 3525 E. Harry. He told the teller, “This is a robbery,” and counted down from twenty while the teller put cash in his bag. He fled the bank with the money.
Sentencing is set for April 19. He faces a maximum penalty of 20 years in federal prison and a fine up to $250,000 on the bank robbery count, and a penalty of not less than seven years (consecutive) and a fine up to $250,000 on the charge of brandishing a firearm during a robbery. Beall commended the Wichita Police Department, FBI and Assistant U.S. Attorney Jason Hart for their work on the case.
Registered Sex Offender Sentenced to 22 Years in Prison for Child PornographyRead the Press Release
WICHITA, KAN. B A Wichita man with a previous conviction for sexual abuse was sentenced Monday to 22 years in federal prison for distributing child pornography, U.S. Attorney Tom Beall said.
Jonathan Curtis McClain, 37, Wichita, Kan., pleaded guilty to one count of distributing child pornography. In his plea, McClain admitted he previously was convicted of sexual abuse in 1998 in Medford, Ore.
This investigation began when agents of the FBI and Homeland Security Investigations in Tennessee identified McClain’s user profile engaged in chats on the Internet telling other users about his interest in watching child pornography. In March 2016 McClain sent child pornography to an investigator.
Beall commended the FBI, Homeland Security Investigations and Assistant U.S. Attorney Jason Hart for their work on the case.