District of Kansas

KANSAS CITY, KAN. - U.S. Attorney Barry Grissom announced today that the District of Kansas collected $12.1 million in criminal and civil actions in Fiscal Year 2013. Of this amount, $6.1 million was collected in criminal actions and $6 million was collected in civil actions

Additionally, the District of Kansas worked with other U.S. Attorney’s Offices and components of the Department of Justice to collect an additional 2.8 million in cases pursued jointly with these offices in civil actions.         

Attorney General Eric Holder announced on Thursday that the Justice Department collected more than $8 billion in civil and criminal actions in the fiscal year ending Sept. 30, 2013. The more than $8 billion in collections in FY 2013 represents nearly three times the appropriated $2.76 billion budget for the 94 U.S. Attorney’s offices and the main litigating divisions in that same period.

“In Kansas, we are fighting to recover funds for victims of federal crimes and the federal treasury,” said U.S. Attorney Barry Grissom. “We are holding accountable offenders who try to make a profit from violating the law.”

“The Department’s enforcement actions help to not only ensure justice is served, but also deliver a valuable return to the taxpayer,” said Attorney General Holder. “It is critical that Congress provide the resources necessary to match the Department’s mounting caseload. As these figures show, supporting our federal prosecutors is a sound investment.”

For example: In Fiscal Year 2013, the District of Kansas collected more than $853,000 in U.S. v. Hutchinson Regional Medical Center, Inc., as a result of a settlement reached for allegations that the hospital submitted false claims to the Medicare Program. In addition, more than $1.7 million was collected in U.S. v. Coffeyville Resources Refining & Marketing and more than $1.6 million in U.S. v. Ash Grove Cement, both amounts representing civil penalties in violation of the Environmental Protection Act.

The U.S. Attorneys’ Offices, along with the Department’s litigating divisions, are responsible for enforcing and collecting civil and criminal debts owed to the U.S. and criminal debts owed to federal crime victims. The law requires defendants to pay restitution to victims of certain federal crimes who have suffered a physical injury or financial loss. While restitution is paid to the victim, criminal fines and felony assessments are paid to the Department’s Crime Victims’ Fund, which distributes the funds to state victim compensation and victim assistance programs.

          The largest civil collections were from affirmative civil enforcement cases, in which the United States recovered government money lost to fraud or other misconduct or collected fines imposed on individuals and/or corporations for violations of federal health, safety, civil rights or environmental laws. In addition, civil debts were collected on behalf of several federal agencies, including the U.S. Department of Housing and Urban Development, Health and Human Services, Internal Revenue Service, Small Business Administration and Department of Education.

          Additionally, the U.S. Attorney’s office in District of Kansas working with partner agencies and divisions, collectedmore than $5.2 millionin asset forfeiture actions in FY 2013.Forfeited assets are deposited into the Department of Justice Assets Forfeiture Fund and are used to restore funds to crime victims and for a variety of law enforcement purposes.

KANSAS CITY, KAN. – Kansas ranked third in the nation in fiscal year 2013 in the number of federal firearms cases prosecuted, U.S. Attorney Barry Grissom said today.

Justice Department statistics show that among the 94 judicial districts nationwide only the District of Puerto Rico and the Western District of Missouri filed more federal firearms cases is FY 2013.

“Fighting gun violence and protecting the safety of our law enforcement officers are two of our top priorities,” Grissom said.

In FY 2013, Grissom’s office filed a total of 298 firearms cases, compared to 291 cases in FY 2012, when the District of Kansas also ranked third in the nation. In FY 2011, the District of Kansas ranked first in the nation with a total of 279 firearms cases filed.

Justice Department statistics show that in FY 2013 the District of Puerto Rico filed 349 firearms cases and the Western District of Missouri filed 299 firearms cases.

The totals include charges filed under federal statutes 18 U.S.C. 922 and 924, which prohibit convicted felons from possessing firearms and make it a federal crime to possess firearms in furtherance of drug trafficking or crimes of violence.

WASHINGTON – CareFusion Corp. has agreed to pay the government $40.1 million to settle allegations that it violated the False Claims Act by paying kickbacks and promoting its products for uses that were not approved by the Food and Drug Administration, the Justice Department announced today.  CareFusion, a California-based medical technology company, develops, manufactures and sells pharmaceutical products, including products sold under the trade name ChloraPrep.

“When companies pay kickbacks to doctors, especially doctors involved in setting standards for the health care industry, they undermine the integrity of the health care system,” said Assistant Attorney General for the Justice Department’s Civil Division Stuart F. Delery.  “Corrupting the standard-setting process through kickbacks can affect the health care treatment choices that doctors and hospitals may make for patients.”   

 The settlement resolves allegations that, under agreements entered into in 2008 by Carefusion’s predecessor, CareFusion paid $11.6 million in kickbacks to Dr. Charles Denham while Denham served as the co-chair of the Safe Practices Committee at the National Quality Forum, a non-profit organization that reviews, endorses and recommends standardized health care performance measures and practices.  The government contends that the purpose of those payments was to induce Denham to recommend, promote and arrange for the purchase of ChloraPrep by health care providers.  ChloraPrep has been approved by the Food and Drug Administration for the preparation of a patient’s skin prior to surgery or injection. 

 This settlement also resolves allegations that, during the period between September 2009 and August 2011, CareFusion knowingly promoted the sale of ChloraPrep for uses that were not approved by the Food and Drug Administration, some of which were not medically accepted indications, and made unsubstantiated representations about the appropriate uses of ChloraPrep.

“Health care fraud drives up the cost of health care and jeopardizes the strength of our health care system,” said U.S. Attorney for the District of Kansas Barry Grissom.  “This case demonstrates that our fight against health care fraud is helping to protect all Americans, including the elderly, the disabled and the most vulnerable among us.”

The settlement resolves a lawsuit filed by Dr. Cynthia Kirk, a former vice president of regulatory affairs for the Infection Prevention Business Unit of CareFusion, under the qui tam, or whistleblower, provisions of the False Claims Act, which allow private citizens with knowledge of false claims to file suit on behalf of the government and to share in any recovery.  The whistleblower’s, or relator’s, share in this case is $3.26 million. 

This settlement illustrates the government’s emphasis on combating health care fraud and marks another achievement for the Health Care Fraud Prevention and Enforcement Action Team (HEAT) initiative, which was announced in May 2009 by Attorney General Eric Holder and Health and Human Services Secretary Kathleen Sebelius.  The partnership between the two departments has focused efforts to reduce and prevent Medicare and Medicaid financial fraud through enhanced cooperation.  One of the most powerful tools in this effort is the False Claims Act.  Since January 2009, the Justice Department has recovered a total of more than $17 billion through False Claims Act cases, with more than $12.2 billion of that amount recovered in cases involving fraud against federal health care programs.

 The settlement with CareFusion was the result of a coordinated effort among the Commercial Litigation Branch of the Justice Department’s Civil Division, the U.S. Attorney’s Office for the District of Kansas, the U.S. Department of Health and Human Services Office of Inspector General and the Food and Drug Administration Office of the Chief Counsel. 

The lawsuit is captioned United States ex rel. Kirk v. CareFusion et al., No. 10-2492 (D. Kan.)  The claims resolved by the settlement are allegations only; there has been no determination of liability.

IF YOU HAVE QUESTIONS, PLEASE CALL THE OFFICE OF PUBLIC AFFAIRS AT 202-514-2007.

KANSAS CITY, KAN. - A Kansas City, Kan., man pleaded guilty today to robbing a credit union, U.S. Attorney Barry Grissom said.

John Noon, 65, Kansas City, Kan., pleaded guilty to one count of armed bank robbery. In his plea, he admitted that on May 4, 2013, he robbed the Community America Credit Union at 10824 Parallel Parkway in Kansas City, Kan. At today’s hearing, prosecutors told the judge Noon gave a teller a note demanding money and stating he had a gun he would use. He brandished a firearm before fleeing the bank. After investigators released video surveillance photos from the robbery, they received tips leading to Noon. 

Sentencing will be set for a later date. He faces a maximum penalty of 25 years in federal prison and a fine up to $250,000. Grissom commended the FBI, the Kansas City, Kan., Police Department, law enforcement officers in St. Joseph, Mo., and Assistant U.S. Attorney Scott Rask for their work on the case.

WICHITA, KAN. – A fourth former bank employee has pleaded guilty to embezzling from a bank in Grant County, Kan., U.S. Attorney Barry Grissom said today.

Hattie Wiginton, 33, Ulysses, Kan., pleaded guilty Monday to one count of theft from a bank. In her plea, she admitted she stole from Western State Bank in Ulysses, Kan., while she worked there from 2008 to 2010.

Beginning in 2008, Wiginton aided and abetted co-defendants Ashley Cravens and Amber Gutierrez to steal from the bank. Together they stole an amount up to $84,200 from the bank by making deposits into each other’s bank accounts that were false. The shortage was covered by falsely representing the balance in the vault of the bank.

On July 24, 2010, Wiginton took part in a staged bank robbery with Cravens and Gutierrez. Wiginton pretended to be the victim of the robbery while Cravens acted the part of the bank robber. The purpose of the staged robbery was to cover up the shortage of cash in the bank vault.

Wiginton is set for sentencing March 24. She faces a maximum penalty of 10 years in federal prison and a fine up to $250,000.

Co-defendants are: Amber Gutierrez, 32, Ulysses, Kan., who is set for sentencing Feb. 3.
Ashley Cravens, 29, Ulysses, Kan., who is set for sentencing Feb. 7.
Linda Wise, 60, Ulysses, Kan., who is set for sentencing Feb. 24.

Grissom commended the FBI, the Kansas Bureau of Investigation, the Grant County Sheriff’s Office, the Ulysses Police Department and Assistant U.S. Attorney Aaron Smith for their work on the case.

WICHITA, KAN. - Four members of a Dodge City street gang were sentenced and another pleaded guilty Monday in a federal racketeering case, U.S. Attorney Barry Grissom said.

Sentenced were: Gonzalo Ramirez, 28, Dodge City, Kan., who was sentenced to life plus 57 years.
Pedro Garcia, 27, Dodge City, Kan., who was sentenced to life plus 32 years.
Donte Barnes, 22, Dodge City, Kan., who was sentenced to 32 months.
Jesus Flores, 28, Dodge City, Kan., who was sentenced to time served of 20 months.

Jayson Vargas, 31, Dodge City, Kan., pleaded guilty to one count of unlawful possession of a stolen firearm. In his plea, he admitted that on Aug. 20, 2011, he was driving a car in pursuit of his former girlfriend, who was in another car. During the chase, he pointed a handgun at her. Officers of the Ford County Sheriff’s Office stopped Vargas’ car and arrested him. They seized a .45 caliber handgun.

Vargas is set for sentencing March 24. He faces a maximum penalty of 10 years in federal prison and a fine up to $250,000.

Among the defendants who were sentenced: Gonzalo Ramirez was convicted in a jury trial on count one (conspiracy to commit racketeering), count two (conspiracy to commit murder), count three (murder), count four (attempted murder), count five (assault with a dangerous weapon), count six (possession and discharge of a firearm during a violent crime), count seven (assault with a dangerous weapon), count eight (conspiracy to commit assault with a dangerous weapon), count nine (brandishing a firearm during a crime of violence), count ten (conspiracy to commit murder), count 11 (attempted murder), count 12 (assault with a dangerous weapon), and count 13 (possession and discharge of a firearm during a violent crime).
Pedro Garcia was convicted in a jury trial on count one (conspiracy to commit racketeering), count two (conspiracy to commit murder), count three (murder), count four (attempted murder), count five (assault with a dangerous weapon), count six (possession and discharge of a firearm during a violent crime), count seven (assault with a dangerous weapon), count eight (conspiracy to commit assault with a dangerous weapon), and count nine (brandishing a firearm during a crime of violence).
Donte Barnes pleaded guilty to one count of attempted murder in aid of racketeering.
Jesus Flores pleaded guilty to one count of assault with a dangerous weapon in aid of racketeering and one count of conspiracy to commit assault with a dangerous weapon in aid of racketeering.

The defendants were among 23 members of the Norteno street gang indicted in May 2012. It was only the second time a federal RICO Act indictment (Racketeer Influenced and Corrupt Organizations Act) had been filed in Kansas. Twenty two defendants have been convicted. Charges were dismissed without prejudice against defendant Adam Flores.

Grissom commended the Dodge City Police Department, the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Ford County Sheriff?s Office, the Ford County Attorney’s Office, the Kansas Bureau of Investigation, Assistant U.S. Attorney Lanny Welch and Assistant U.S. Attorney Aaron Smith for their work on the case.

WICHITA, KAN. - A former Kansas Air National Guard senior airman who was assigned to McConnell Air Force Base in Wichita was ordered Monday to pay $54,992 in restitution and sentenced to three years federal probation for wire fraud, U.S. Attorney Barry Grissom said.

Eledria J. Bradley, 29, Wichita, was tried and convicted in U.S. District Court in Wichita on one count of wire fraud. During trial, prosecutors presented evidence that Bradley collected more than $50,000 in travel reimbursements by claiming she lived in Arizona while she was working at McConnell. Evidence showed that Bradley accessed her file via an online personnel system in which military members can access and change their personal information, and changed her residential address from Wichita to Chandler, Ariz. The change in address placed her outside the commuting distance for McConnell Air Force Base. As a result, she received lodging and per diem benefits to which she was not entitled from April 22, 2009, to April 23, 2011, totaling $54,992.

Grissom commended the Air Force - OSI and Assistant U.S. Attorney Alan Metzger for their work on the case.

KANSAS CITY, KAN. B A man who was arrested on a bus has been charged with robbing a bank in Kansas City, Kan., U.S. Attorney Barry Grissom said today.

Jamarr R. Dale, 29, Kansas City, Kan., was charged Monday in a criminal complaint filed in U.S. District Court in Kansas City, Kan. An affidavit filed in support of the complaint alleges that on Jan. 2, 2014, Dale robbed Security Bank at 10840 Parallel Parkway in Kanas City, Kan. He walked into the bank and gave a teller a note saying, “I need $3,000 or I will start shooting.” The teller emptied a drawer of cash and gave him the money, which he stuffed in his coat pocket before running out the front door of the bank.

Officers of the Kansas City, Kan., Police Department responded to the call and were advised the robber had boarded a city bus at a bus stop in the Wal-Mart parking lot around the corner from the bank. They found Dale sitting on the bus and arrested him.

If convicted, Dale faces a maximum penalty of 20 years in federal prison and a fine up to $250,000. The Kansas City, Kan., Police Department investigated. Assistant U.S. Attorney Kim Martin is prosecuting.

In all cases, defendants are presumed innocent until and unless proven guilty. The indictments merely contain allegations of criminal conduct.

KANSAS CITY, KAN. - A federal grand jury has returned an indictment charging a Wichita man with attempting to explode a car bomb at Wichita Mid-Continent Airport, U.S. Attorney Barry Grissom said today.

Terry Loewen, 58, Wichita, Kan., initially was charged in a criminal complaint filed Dec. 13 in U.S. District Court. On Wednesday, a federal grand jury reviewed the evidence and returned an indictment against Loewen. The charges in the indictment are identical to the charges in the complaint filed last week: One count of attempting to use a weapon of mass destruction, one count of attempting to damage property by means of an explosive and one count of attempting to provide material support to a designated foreign terrorist organization.

The crimes are alleged to have occurred Dec. 13 at Wichita Mid-Continent Airport in Wichita. Loewen was arrested about 5:40 a.m. Dec. 13 at the Wichita airport, where he is alleged to have attempted to detonate a car bomb.

If convicted, Lowen faces a maximum penalty of life in prison on the charge of attempting to use a weapon of mass destruction, not less than five years and not more than 20 years on the charge of attempting to use an explosive to damage property, and a maximum penalty of 15 years on the charge of attempting to provide material support to a designated foreign terrorist organization

The investigation was conducted by the Wichita FBI Joint Terrorism Task Force, which includes members from the FBI, Sedgwick County Sheriff’s Office and Kansas Highway Patrol. Assisting with the investigation were the FBI Kansas City Division, the Transportation Security Administration, the Wichita Airport Authority, the Wichita Police Department. The case is being handled by Assistant U.S. Attorney David Smith and Assistant U.S. Attorney Tony Mattivi and by prosecutors from the Justice Department’s National Security Division.

OTHER INDICTMENTS

A federal grand jury has returned an indictment charging two Chinese agricultural scientists with conspiracy to steal trade secrets with respect to particular rice seeds of a biopharmaceutical company with a research facility in Kansas.

 Weiqiang Zhang, 47, Manhattan, Kan., and Wengui Yan, 63, Stuttgart, Ark., initially were charged in a criminal complaint filed in U.S. District Court Dec. 12. Today’s indictment charges them with two counts: One count of conspiracy to steal trade secrets and one count of theft of trade secrets.

The indictment alleges that as part of the conspiracy, Zhang and Yan enabled visitors from a crops research institute in China to obtain possession of the unique rice seeds developed by Ventria Bioscience at a facility in Junction City, Kan. It is alleged that on Aug. 7, 2013, personnel with U.S. Customs and Border Protection found stolen seeds hidden in luggage belonging to Chinese scientists who were returning to China after a visit to the United States.

If convicted, Zhang and Yan face a maximum penalty of 10 years in federal prison and a fine up to $250,000 on each count. The Little Rock Field Office of the Federal Bureau of Investigation, the Kansas City Field Office of the Federal Bureau of Investigation and U.S. Customs and Border Protection investigated. Assistant U.S. Attorney Scott Rask is prosecuting with assistance from the U.S. Attorney’s Office in the Eastern District of Arkansas.

Scott Thario, 21, is charged with one count of bank robbery and one count of brandishing a shotgun during the robbery. The indictment alleges that on Dec. 16, 2013, Thario brandished a shotgun while he robbed the Intrust Bank at 19501 West 65th Terrace in Shawnee, Kan.

 If convicted, he faces a maximum penalty of 25 years and a fine up to $250,000 on the bank robbery charge and a penalty of not less than 10 years on the firearm charge. The FBI and the Shawnee, Kan., Police Department investigated. Assistant U.S. Attorney David Zabel is prosecuting.

 David P. Drake, 54, Lone Tree, Colo., Donald D. Snider, Jr., 54, Littleton, Colo., Vicki A. Hall, 62, Lone Tree, Colo., Heather A. Gibbs, 51, Littleton, Colo., James Clarkson, 43, Casa Grande, Ariz., are charged in a superseding indictment with conspiracy to commit bank fraud. The indictment alleges the crimes occurred in connection with the development of Indian Ridge Resort, a resort community located near Branson, Mo.

Upon conviction, the crimes carry the following penalties: Conspiracy to commit bank fraud and bank fraud: A maximum penalty of 30 years in federal prison and a fine up to $1 million.
Conspiracy to commit money laundering and money laundering: A maximum penalty of 10 years and a fine up to $250,000.

The Federal Deposit Insurance Corporation investigated. Assistant U.S. Attorney Chris Oakley is prosecuting.

 Yao Vignon Kpade, 31, who is in custody in the Johnson County Jail, is charged with one count of fraudulent use of credit card numbers and one count of aggravated identity theft. The crimes are alleged to have occurred at various times from Feb. 11, 2013 to July 23, 2013 in Johnson County, Kan.

 The indictment alleges that while working at a Taco Bell restaurant Kpade used a credit card scanning device known as a “skimmer” to obtain electronic credit card information from credit and debit cards belonging to the restaurant’s customers. The indictment alleges he fraudulently used the credit card information to make purchases at Walmart in Overland Park, Ranchmart Wine and Spirits in Leawood and Hy-Vee in Shawnee, Kan.

If convicted, he faces a maximum penalty of 15 years in federal prison and a fine up to $250,000 on the credit card charge and a mandatory two years to run consecutively to the underlying sentence and a fine up to $250,000 on the identity theft charge. The U.S. Secret Service investigated. Assistant U.S. Attorney Tanya Treadway is prosecuting.

Antonio Molina-Gonzalez, 40, a citizen of Mexico, is charged with unlawfully re-entering the United States after being deported. He was found Nov. 25, 2013, in Franklin County, Kan.

If convicted, he faces a maximum penalty of 20 years in federal prison and a fine up to $250,000. Immigration and Customs Enforcement investigated. Assistant U.S. Attorney Jabari Wamble is prosecuting.

Jayce A. Rymer, 20, Basehor, Kan., is charged with one count of destroying mail while working for the U.S. Postal Service. The crime is alleged to have occurred Aug. 14, 2013, in Johnson County, Kan.

 If convicted, he faces a maximum penalty of five years in federal prison and a fine up to $250,000. The U.S. Postal Service, Office of Inspector General, investigated. Assistant U.S. Attorney Jabari Wamble is prosecuting.

Joshua Spurgeon is charged with escaping from federal custody at the Grossman Community Corrections Center, a halfway house in Leavenworth, Kan. The crime is alleged to have occurred Dec. 9, 2013.

 If convicted, he faces a maximum penalty of five years in federal prison and a fine up to $250,000. The U.S. Marshals Service investigated. Special Assistant U.S. Attorney Erin Tomasic is prosecuting.

Jose Angel Aguilera-Franco, 19, Bonner Springs, Kan., is charged with one count of possession with intent to distribute methamphetamine. The crime is alleged to have occurred Dec. 5, 2013, in Kansas City, Kan.

 If convicted, he faces a penalty of not less than 10 years in federal prison and a fine up to $10 million. The U.S. Postal Inspection Service investigated. Special Assistant U.S. Attorney Erin Tomasic is prosecuting.

 Jose Angel Ruiz-Pena, 31, Kansas City, Kan., is charged with one count of possession with intent to distribute methamphetamine. The crime is alleged to have occurred Nov. 20, 2013, in Kansas City, Kan.

 If convicted, he faces a maximum penalty of 20 years in federal prison and a fine up to $1 million. Homeland Security Investigations investigated. Special Assistant U.S. Attorney Erin Tomasic is prosecuting.

William D. Mitchell, 29, Lawrence, Kan., is charged with one count of conspiracy to distribute crack cocaine, one count of distributing crack cocaine, one count of possession with intent to distribute crack cocaine and one count of unlawful use of a telephone in furtherance of drug trafficking. The crimes are alleged to have occurred Sept. 22, 2011, in Lawrence, Kan.

If convicted, he faces a maximum penalty of 20 years in federal prison and a fine up to $1 million on each of the crack cocaine charges and a maximum penalty of four years and a fine up to $250,000 on the phone count. The Douglas County Sheriff’s Office investigated. Special Assistant U.S. Attorney Erin Tomasic is prosecuting.

Justo Herrera-Quiroz, 49, who is not a citizen of the United States, is charged with unlawfully re-entering the United States after being deported. He was found Nov. 18, 2013, in Olathe, Kan.

If convicted, he faces a maximum penalty of 20 years in federal prison and a fine up to $250,000. Homeland Security Investigations investigated. Assistant U.S. Attorney David Zabel is prosecuting.

Juan Carlos Quezada-Martinez, 50, Wichita, Kan., is charged in a superseding indictment with one count of unlawful production of an identification document, six counts of aggravated identity theft, two counts of document fraud, two counts of making a false statement to the government and one count of misusing a Social Security number. The crimes are alleged to have occurred in 2012 and 2013 in Sedgwick County, Kan.

Upon conviction, the crimes carry the following penalties: Unlawful production of an identification document: A maximum penalty of 10 years in federal prison without parole and a fine up to $250,000.
Aggravated identity theft: A mandatory two years to run consecutively to the underlying sentence and a fine up to $250,000 on each count.
Document fraud: A maximum penalty of 15 years and a fine up to $250,000 on each count.
Making a false statement to the government: A maximum penalty of five years in federal prison and a fine up to $250,000 on each count.
Misuse of a Social Security number: A maximum penalty of five years and a fine up to $250,000.

The Kansas Department of Revenue and DHS Enforcement and Removal Operations 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.

TOPEKA, KAN. - A Topeka man has been sentenced for possessing a pipe bomb, U.S. Attorney Barry Grissom said today.

Kyle C. Roe, 29, Topeka, Kan., was sentenced today to 33 months in federal prison. Roe pleaded guilty to one count of receiving and possessing a pipe bomb. In his plea, he admitted that on Nov. 13, 2012, officers of the Topeka Police Department stopped a car in which he was a passenger. Roe was arrested on an active felony warrant. He told officers that he had a bomb in his pocket. An examination showed the device to consist of metal tubing, PVC pipe, a cardboard tube, pyrotechnic fuse, paper and lead end plugs and smokeless powder. Explosion of the device would propel fragments of the tubes and end plugs in all directions at velocities that could cause serious injury or death to anyone near the explosion.

Co-defendant Joseph E. Rogers, who was the driver of the car, is set for sentencing Jan. 27.

Grissom commended the Topeka Police Department, the Bureau of Alcohol, Tobacco, Firearms and Explosives and Assistant U.S. Attorney Richard Hathaway for their work on the case.

TOPEKA, KAN. - A Topeka man who pleaded guilty to possessing a .40 caliber pistol in furtherance of drug trafficking has been sentenced to federal prison, U.S. Attorney Barry Grissom said today.

Malik T. Yates, 20, Topeka, Kan., was sentenced Monday to 30 months in federal prison. He pleaded guilty to one count of unlawful possession of a firearm in furtherance of drug trafficking. In his plea, he admitted that on March 1, 2013, members of the Kansas Bureau of Investigation Task Force served a search warrant at his residence in Topeka. They seized methamphetamine, a .40 caliber pistol and $3,000 cash.

Grissom commended the Kansas Bureau of Investigation, the Bureau of Alcohol, Tobacco, Firearms and Explosives and Assistant U.S. Attorney Richard Hathaway for their work on the case.

WICHITA, KAN. A Wichita man who owned a business that sold scooters has pleaded guilty to tax evasion, U.S. Attorney Barry Grissom said today.

Dinh Nguyen, 31, Wichita, Kan., who owned BN Scooters, pleaded guilty Monday to one count of tax evasion. In his plea, he admitted he owed substantial income tax in addition to the tax liability he reported on his 2006 income tax return. He knew he was making a false statement when he reported he did not owe any income tax.

Sentencing is set for March 3, 2014. He faces a maximum penalty of five years in federal prison and a fine up to $100,000. The parties have agreed that the court will determine the amount of tax owed at the sentencing hearing.

Grissom commended the Internal Revenue Service and Assistant U.S. Attorney David Lind for their work on the case.

WICHITA, KAN. - A Wichita man has been sentenced to federal prison for marijuana trafficking, U.S. Attorney Barry Grissom said today.

James Kasinger, 38, Wichita, Kan., was sentenced Monday to five years in federal prison. He pleaded guilty to one count of conspiracy to distribute marijuana. In his plea, he admitted that he and other conspirators distributed more than 100 kilograms of marijuana. Specifically, he helped other conspirators break down loads of marijuana, distribute the marijuana and pack U.S. currency to send to Mexico to pay for the marijuana.

One of Kasinger’s co-defendants, Osbaldo Garcia Garcia, was sentenced in November to 41 months. In his plea, Garcia Garcia admitted using a telephone on Dec. 12, 2011, to talk with another conspirator about a problem with a shipment of marijuana. The caller asked Garcia Garcia to find out what had happened. In fact, the Wichita Police Department and the Drug Enforcement Administration had served a search warrant and seized a significant quantity of marijuana from hidden compartments in tractors.

Grissom commended the Drug Enforcement Administration, the Wichita Police Department and Assistant U.S. Attorney Debra Barnett for their work on the case.

WICHITA, KAN. - Three investigators who worked on a federal prescription drug trafficking prosecution involving a user who died from an overdose, and another investigator whose mastery of facial recognition software and other digital tools helped build federal immigration cases are this year’s winners of Guardian of Justice Awards, U.S. Attorney Barry Grissom said today.
Grissom presented the awards Monday. Honored during a ceremony at the U.S. Attorney’s Office in Kansas City, Kan., were:

Jeremi Thompson, Franklin County Sheriff’s Office.
Traci Allen, Kansas Bureau of Investigation.
Jeff Thomas, Internal Revenue Service.
Miguel Arellano-Hernandez, special agent in charge of the Kansas Department of Revenue’s Office of Special Investigations.

Thompson, Allen and Thomas investigated a trafficking organization whose business peddling prescription drugs on the streets of Franklin County accounted for at least one overdose death. The other winner, Arellano-Hernandez, used facial recognition software and other tools to investigate several federal criminal immigration cases.

“These are law enforcement professionals who stand out,” said U.S. Attorney Barry Grissom. “They are dedicated and talented individuals who we can depend on to safeguard our neighborhoods and protect the people of Kansas from crime and violence.”

The Guardian of Justice Awards recognizes law enforcement officers who did outstanding work on cases that were successfully prosecuted by the U.S. Attorney’s office. Since 2002, the award has been given to state and local law enforcement officers, as well as federal agents, who were nominated by federal prosecutors for their outstanding work.

Thompson, Allen and Thomas

Thompson, Allen and Thomas uncovered a drug trafficking ring that was distributing oxycodone, morphine and other prescription drugs throughout Franklin County. The case they helped build resulted in the ring leader, Connie Edwards, being convicted and sentenced to federal prison for 25 years. Thompson worked long hours, holidays and weekends on the investigation, following leads, interviewing witnesses and providing prosecutors with sharp, accurate reports. Allen worked as an undercover officer and co-case agent with Thompson. Thomas of the IRS followed the money trail to bring down the traffickers’ money laundering and tax evasion scheme. The investigation also identified Medicare and Medicaid fraud at a local pharmacy.

Arellano-Hernandez

Miguel Arellano-Hernandez is the special agent in charge of the Kansas Department of Revenue’s Office of Special Investigations. In the past three years, he has worked on a series of cases successfully prosecuted by the U.S. Attorney’s office. In addition to his work ethic and dedication, his expertise in using facial recognition tools and motor vehicle and financial records, have proven to be invaluable assets during investigations. He and his agents received national attention, for instance, in the prosecution of Benita Cardona Gonzalez, a case in which the defendant stole a Texas school teacher’s identity in order to buy a house and pay hospital bills for the birth of her own children.

Assistant U.S. Attorney Brent Anderson nominated Arellano-Hernandez. Assistant U.S. Attorney Sheri McCracken nominated Thompson, Allen and Thomas.

WICHITA, KAN. A former branch manager at Landmark National Bank in Garden City, Kan., has been sentenced for embezzling more than $99,000 from the bank, U.S. Attorney Barry Grissom said today.

Sheri L. Green, 52, Garden City, Kan., was sentenced Monday to three years supervised release and ordered to pay $99,060 in restitution.

She pleaded guilty to one count of misapplication of bank funds by a bank employee. In her plea, she admitted that in December 2012 while she was employed as branch manager for Landmark National Bank in Garden City the bank discovered she had embezzled approximately $99,600 from the bank to cover her gambling losses. She took the money by shifting money between customer accounts. Several customers had noticed irregular entries in their bank statements and complained to Green. She corrected the withdrawals by shifting money from other accounts to the complaining customer’s accounts to cover her tracks.

Grissom commended the FBI and Assistant U.S. Attorney Barry Grissom for their work on the case.

A Wichita man has been charged in federal court with attempting to explode a car bomb at Wichita Mid Continent Airport, John Carlin, Acting Assistant Attorney General for National Security and U.S. Attorney Barry Grissom announced today. The defendant was arrested as part of an FBI undercover investigation, and the device used by the defendant was, in fact, inert and at no time posed a danger to the public.
 
Terry Lee Loewen, 58, Wichita, Kan., is charged in a criminal complaint filed today in U.S. District Court in Wichita with one count of attempting to use a weapon of mass destruction, one count of attempting to damage property by means of an explosive and one count of attempting to provide material support to a designated foreign terrorist organization.
 
“There was no breach of Mid-Continent’s Airport’s security,” said U.S. Attorney Grissom. “At no time was the safety of travelers or members of the public placed in jeopardy.”
 
Loewen, who works as an avionics technician, is alleged to have spent months developing a plan that involved using his access card to airport grounds to drive a van loaded with explosives to the terminal. He planned to pull the trigger on the explosives himself and die in the explosion.
 
Agents arrested Loewen about 5:40 a.m. Friday after he attempted to enter the airport tarmac and deliver a vehicle loaded with what he believed were high explosives. Members of the FBI’s Joint Terrorism Task Force (JTTF) took him into custody without incident.
 
Loewen has been under investigation by the Wichita Joint Terrorism Task Force since early summer 2013. It is alleged that, prior to his attempted attack, he made statements that he was resolved to commit an act of violent jihad against the United States. Over a period of months, he took a series of actions to advance the plot. According to an affidavit filed in support of the criminal complaint, Loewen:

• Studied the layout of the airport and took photographs of access points.
• Researched flight schedules.
• Assisted in acquiring components for the car bomb.
• Talked about his commitment to trigger the device and martyr himself.

 
On Friday, Loewen went to Mid-Continent Airport to detonate the car bomb. He was taken into custody when he attempted to open a security access gate. FBI Evidence Response Teams are executing search warrants related to the case. Although the investigation is ongoing, no additional arrests are anticipated.

FBI SAC Michael Kaste stated “Lone wolves - home grown violent extremists remain a very serious threat to our nation’s security. Today’s arrest emphasizes the continual need for the public to remain vigilant as law enforcement relies on the public’s assistance.” 

If convicted, Loewen would face a maximum penalty of life in federal prison

The investigation was conducted by the Wichita FBI Joint Terrorism Task Force, which includes members from the FBI, Sedgwick County Sheriff’s Office and Kansas Highway Patrol. Assisting with the investigation were the FBI Kansas City Division, the Transportation Security Administration, the Wichita Airport Authority, the Wichita Police Department. 

The case is being handled by prosecutors from the United States Attorney’s Office and the Justice Department’s National Security Division.

In all cases, defendants are presumed innocent until and unless proven guilty. The charges merely contain allegations of criminal conduct.

KANSAS CITY, KAN. – Two agricultural scientists from China have been charged with trying to steal samples of a variety of seeds from a biopharmaceutical company’s research facility in Kansas, U.S. Attorney Barry Grissom said today.

Weiqiang Zhang, 47, Manhattan, Kan., and Wengui Yan, 63, Stuttgart, Ark., are charged with one count of conspiracy to steal trade secrets. The victim in the case – identified in court records as Company A -- has invested approximately $75 million in patented technology used to create a variety of seeds containing recombinant proteins. The company has an extensive intellectual property portfolio of more than 100 issued and pending patents and exclusive licenses to issued patents.

Zhang and Yan are charged in a criminal complaint filed in U.S. District Court in Kansas City, Kan. An affidavit in support of the complaint alleges that on Aug. 7, 2013, agents of U.S. Customs and Border Protection found stolen seeds in the luggage of a group of visitors from China preparing to board a plane to return home. While in the United States, the group had visited various agricultural facilities and universities in the Midwest, as well as the Dale Bumpers National Rice Research Center in Stuttgart, Ark.

According to the complaint:

• Zhang and Yan, both natives of the People’s Republic of China living lawfully in the United States, arranged for the Chinese delegation to visit the United States in 2013. Previously, the two had traveled to China at the same time in 2012 to visit a Crops Research Institute. Some of the people they met in China were members of the Chinese delegation that visited the United States in 2013.
• Zhang, worked as an agricultural seed breeder for Company A since 2008.
• Stolen seeds were delivered to members of the Chinese delegation during the delegation’s visit to the United States July 16 through August 7, 2013.
• Yan, who worked for the U.S. Department of Agriculture as a rice geneticist at the Dale Bumpers National Rice Research Center, picked up the Chinese delegation from a motel in Stuttgart, Ark., on July 22, 2013, and took them to the center.
• Seeds similar to what were found in the delegation’s possession as they left the United States in August 2013, were also found in Zhang’s residence on December 11, 2013.

If convicted, Zhang and Yan face a maximum penalty of 10 years in federal prison and a fine up to $250,000. The Little Rock Field Office of the Federal Bureau of Investigation, the Kansas City Field Office of the Federal Bureau of Investigation and U.S. Customs and Border Protection investigated.  Assistant U.S. Attorney Scott Rask is prosecuting with assistance from the U.S. Attorney’s Office in the Eastern District of Arkansas.

In all cases, defendants are presumed innocent until and unless proven guilty. The indictments merely contain allegations of criminal conduct.

WICHITA, KAN. - Another man has been sentenced in a mortgage fraud case in Wichita, U.S. Attorney Barry Grissom said today.

Steven Pelz, 40, Wichita, Kan., was sentenced Monday to two years federal probation. Pelz pleaded guilty to one count of wire fraud. In his plea, he admitted he was part of a scheme devised by co-defendant Manjur Alam to fraudulently obtain mortgage loans by falsifying loan applications and supporting documents.

On Aug. 22, 2007, Pelz caused First Home Loans to send a wire payment of $50,246 to Kansas Secured Title for the purchase of a property at 1044 S. Sedgwick in Wichita. On the loan application, Pelz and Alam made false statements including falsely representing Pelz’s income and falsely stating that Pelz planned to occupy the property.

Co-defendants are:

Manjur Alam, 46, Wichita,who pleaded guilty to one count of conspiracy to commit wire fraud and bank fraud, is set for sentencing Jan. 27.
Christopher Ginyard, 27, Wichita, who was sentenced to two years supervised release and $40,000.
Henry Pearson, Jr., 29, Wichita, who was sentenced to two years supervised release and $56,000 restitution.
Henry Pearson, Sr., Wichita, who was sentenced to two years supervised release and $55,180 restitution.
Bruce Dykes, 45, Wichita, who was sentenced to two years supervised release and $14,872 restitution.
Janice Young, 27, Wichita, who is awaiting sentencing.

Grissom commended the Department of Housing and Urban Development, the Federal Housing Finance Agency - OIG, the Internal Revenue Service and Assistant U.S. Attorney Aaron Smith for their work on the case.

KANSAS CITY, KAN. - A defendant has been sentenced to 216 months in federal prison for his role in a methamphetamine trafficking organization that operated in the Kansas City metro area, U.S. Attorney Barry Grissom said today.

Juan Carlos Chirinos, 30, Independence, Mo., was sentenced Monday in U.S. District Court in Kansas City, Kan. Chirinos pleaded guilty to one count of conspiracy to distribute methamphetamine. In his plea, he admitted that in 2009 he his co-defendants sold methamphetamine to agents of the Bureau of Alcohol, Tobacco, Firearms and Explosives who were working undercover.

Investigators bought methamphetamine from Chirinos and other conspirators in 2009 on May 27, June 25, July 2, July 16, July 28, Sept. 17 and Oct. 15.

Co-defendants include: Susan Friend, who was sentenced to 144 months.
Xavier Garza, who was sentenced to 75 months.
Russell Loomis, who was sentenced to 72 months.

Grissom commended the Bureau of Alcohol, Tobacco, Firearms and Explosives and Special Assistant U.S. Attorney Trent Krug for their work on the case.

WICHITA, KAN. – A Wichita maintenance technician has pleaded guilty to making more than $150,000 from selling equipment he stole from the companies where he worked, U.S. Attorney Barry Grissom said today.
     
Mark A. Lankford, 45, Wichita, Kan., pleaded guilty Monday in U.S. District Court in Wichita to two counts of wire fraud. In his plea, he admitted stealing equipment from two Wichita companies where he worked, Spirit Aerosystems and Fiber Glass Systems LP.

Lankford was employed as an equipment maintenance technician for Spirit Aerosystems in Wichita from October 2010 to Sept. 5, 2011. During that time he stole computer parts from Spirit with a total value of more than $466,559. He used email to offer stolen parts for sale mainly to individuals in Owing Mills, Maryland. On April 25, 2011, he offered for sale an Allen Bradley model 1785-LT programmable controller, an Allen Bradley model 1771-DLC, an Allen Bradley model 1772-LXP, an Allen Bradley model 1772-TB2 and a Siemens model 6FC5303-OAB20-1AAO, all stolen from Spirit. Law enforcement officers recovered items worth approximately $454,435, leaving a remaining loss of more than $12,123.

From March 2008 to Oct 2010, Lankford worked as a maintenance mechanic for Fiber Glass Systems in Wichita. He stole computer parts from the company with a total value of more than $41,268. He offered stolen parts for sale on eBay including an Allen Bradley Controllogix Processor 7 slot system stolen from the company.

Lankford obtained a total of more than $154,824 from selling stolen parts.

Sentencing is set for Feb. 24. He faces a maximum penalty 20 years in federal prison and a fine up to $250,000 on each count.

Grissom commended the FBI and Assistant U.S. Attorney Jason Hart for their work on the case.

WICHITA, KAN. - A Manhattan, Kan., man has pleaded guilty to being an accessory after the fact in an arson that killed a Kansas State University researcher, U.S. Attorney Barry Grissom said today.

Gavin Taylor Hairgrove, 30, Manhattan, Kan., pleaded guilty Monday to one count of accessory after the fact in the Feb. 6, 2013, arson at the Lee Crest Apartments in Manhattan. Vansanta Pallem, who lived in the apartments, died as a result of inhaling gases from the fire.

In his plea, Hairgrove admitted that on Feb. 6, 2013, he was present when co-defendants Frank Joseph Hanson, Dennis James Denzien and Patrick Martin Scahill talked about what to do to keep the Riley County Police Department from searching an apartment where Scahill and Denzien lived. They were afraid that during a search police would find evidence that Denzien and Hanson had robbed Dara’s Fast Lane store in Manhattan on Feb. 5, 2013, and that the gun used in the robbery was owned by Scahill. They were also concerned that police would find narcotics in the apartment. The group talked about creating a diversion that would give Scahill time to re-enter the residence and remove the incriminating evidence.
Later that day, Scahill and co-defendant Virginia Griese drove to the Lee Crest Apartments in Manhattan, where Scahill poured gasoline in a hallway of the apartments and started a fire in an effort to create a diversion. Vasanta Pallem was killed in the fire.

After setting the fire, Scahill and Griese made their way back to Griese’s apartment where Scahill cleaned up and removed his clothing because it smelled like gasoline. Hairgrove assisted Scahill in disposing of Scahill’s shoes, which reeked of gasoline. Hairgrove also provided Scahill with another pair of shoes to wear.

Sentencing is set for Feb. 24, 2014. He faces a maximum penalty of 15 years in federal prison and a fine up to $250,000.

Grissom commended all the investigators and law enforcement agencies that worked on the case, including the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Riley County Attorney=s Office, the Riley County Police Department, the Manhattan Fire Department, the Kansas State Fire Marshal=s Office, the Kansas Bureau of Investigations and the Pottawatomie County Sheriff=s Office, as well as Assistant U.S. Attorney Jared Maag, Special Assistant U.S. Attorney Barry Wilkerson and Special Assistant U.S. Attorney Barry Disney, who are prosecuting.

WICHITA, KAN. B A Dodge City gang member has been sentenced to 10 years on a conspiracy charge in a federal racketeering case, U.S. Attorney Barry Grissom said today.

Eusebio Sierra-Medrano, 33, Dodge City, Kan., was sentenced Monday in U.S. District Court in Wichita. He had pleaded guilty to one count of conspiracy to commit crimes under the federal Racketeering Influenced and Corrupt Organizations Act. In his plea, he admitted that from 2008 to May 2012 he participated in a criminal conspiracy in Dodge City involving members of the Norteno street gang and their affiliates, the Diablos Viejos and Los Carnales Chingones. Sierra-Medrano was a member of the Diablos Viejos.

On March 29, 2010, he and fellow gang members assaulted a Sureno gang member named Jose Arreola. They encountered Arreola at a convenience store at 400 E. Wyatt Earp in Dodge City. After a fellow gang member attacked Arreola with the handle of a windshield wiper, Sierra-Medrano joined in with a knife. He stabbed Arreola multiple times. The stabbing was in retaliation for the prior stabbing of two Nortenos.

On the same day as the stabbing, Sierra-Medrano was found to be in possession with intent to distribute cocaine. In his plea, he admitted that during that time he was distributing cocaine he obtained from California. The stabbing and the drug trafficking helped him to maintain his position with the Norteno enterprise.

Sierra-Medrano was one of 23 Norteno members indicted in May 2012. It was only the second time a federal RICO Act indictment (Racketeer Influenced and Corrupt Organizations Act) had been filed in Kansas. So far, 21 defendants have been convicted. Defendants Adam Flores and Jayson Vargas are awaiting trial.

Grissom commended the Dodge City Police Department, the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Ford County Sheriff=s Office, the Ford County Attorney’s Office, the Kansas Bureau of Investigation, Assistant U.S. Attorney Lanny Welch and Assistant U.S. Attorney Aaron Smith for their work on the case.

TOPEKA, KAN. - The former chief financial officer for a manufacturing firm in Emporia has pleaded guilty to embezzling more than $265,927 from the company, U.S. Attorney Barry Grissom said today.

Sandra Moore, 58, Emporia, Kan., pleaded guilty Monday to one count of embezzlement. In her plea, she admitted the crime occurred beginning in 2008 while she was CFO of Sauder Custom Fabrication, Inc., in Emporia, Kan.

She devised a variety of schemes to divert money from her employer’s accounts to her own including:

• Making unauthorized transfers from the company’s disbursement account to her personal account at ESB Financial in Emporia.
• Issuing unauthorized checks and depositing them into her personal account.
• Issuing unauthorized checks to repay loans she obtained from her 401K account.

Using those methods, she embezzled a total of $265,927 from the company.

Sentencing is set for March 3. She faces a maximum penalty of 10 years in federal prison and a fine up to $250,000.  Grissom commended the FBI and Assistant U.S. Attorney Richard Hathaway for their work on the case.

WICHITA, KAN. – A third former bank employee has pleaded guilty to embezzling from a bank in Grant County, Kan., U.S. Attorney Barry Grissom said today.

Linda Wise, 60, Ulysses, Kan., pleaded guilty Thursday to one count of theft from a bank. In her plea, she admitted that from late 2010 to March 2013 while she worked at Western State Bank in Ulysses, Kan., she embezzled money from the bank.

Subsequent to July 24, 2010, she conspired with fellow employees and co-defendants Ashley Cravens and Amber Gutierrez to steal money from the bank. From late 2010 to March 2013, the three stole a total of $24,450 from the bank.

Co-defendants are: Amber Gutierrez, 32, Ulysses, Kan., who is set for sentencing Feb. 4.
Ashley Cravens, 29, Ulysses, Kan., who is set for sentencing Feb. 7.
Hattie Wiginton, 33, Ulysses, Kan., who is set for jury trial Jan. 21.

Grissom commended the FBI, the KBI, the Grant County Sheriff=s Office, the Ulysses Police Department and Assistant U.S. Attorney Aaron Smith 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 CITY, KAN. - A man from Kansas City, Kan., has been sentenced on federal charges arising from a carjacking and armed robbery, U.S. Attorney Barry Grissom said today.

Anthony L. Irvin, 19, Kansas City, Kan., was sentenced Friday to 207 months in federal prison. He pleaded guilty to one count of carjacking and one count of using a firearm in a crime of violence.

In his plea, Irvin admitted that on May 26, 2013, he and his co-defendants walked to a Stop Shop gas station at 6865 State Avenue in Kansas City, Kan., where they stole a 2004 Ford Freestar minivan. Irvin held the driver of the minivan at gunpoint while co-defendants Derrick Freeman and Terry Tillman took the driver’s wallet and keys. The defendants drove away in the minivan, with Irvin at the wheel.

When the defendants realized officers had spotted their vehicle, they led police on a 17-minute chase at speeds up to 112 miles per hour. The minivan wrecked in a plowed field near Leavenworth Road and North 184th Street in Basehor, Kan., where the defendants fled on foot. Freeman fired a handgun at a law enforcement officer before being arrested.

Co-defendant Derrick Freeman is awaiting sentencing.
Co-defendant Terry Tillman was sentenced to 10 years.

Grissom commended the Kansas City, Kan., Police Department, the Wyandotte County Sheriff’s Department, the Kansas Highway Patrol, the Basehor Police Department, the Edwardsville Police Department, the Bonner Springs Police Department, the Leavenworth County Sheriff’s Department and Special Assistant U.S. Attorneys Erin Tomasic and Trent Krug for their work on the case.

WICHITA, KAN. - A Wichita restaurant owner has been charged with drug trafficking, firearms violations, bank fraud and money laundering, U.S. Attorney Barry Grissom said today.

Gerald Beasley, 58, Andover, Kan., was charged in June with one count of unlawful possession of a firearm after a felony conviction. A 23-count superseding indictment returned by a grand jury Wednesday in U.S. District Court in Wichita includes the following charges:

Three counts of unlawful possession of a firearm after a felony conviction.
Three counts of unlawful possession of a firearm in furtherance of drug trafficking.
One count of maintaining a drug involved premises at 1122 N. Piatt in Wichita.
One count of maintaining a drug involved premises at Tiara’s Place, a restaurant at 1339 N. Hillside in Wichita.
One count of possession with intent to distribute heroin.
One count of possession with intent to distribute cocaine.
One count of possession with intent to distribute crack cocaine.
One count of conspiracy to possess with intent to distribute five kilograms or more of cocaine.
One count of conspiracy to possess with intent to distribute 280 grams or more of crack cocaine.
One count of conspiracy to possess with intent to distribute one kilogram or more of heroin.
One count of conspiracy to commit bank fraud.
Five counts of bank fraud.
Two counts of money laundering.
One count of conspiracy to commit money laundering.

The indictment alleges investigators monitored Beasley’s telephone calls and examined his tax records, bank records and real estate purchases to obtain evidence that he derived his income from criminal activities including drug trafficking and counterfeit checks. Law enforcement officers served search warrants in June and seized more than $229,000 from bank accounts and $346,000 in cash from residences and a business location. They also seized firearms, ammunition, controlled substances and drug trafficking paraphernalia.

Other allegations in the indictment include the following:

• Tiara’s Place restaurant, owned by Beasley, reported $104,864 in gross receipts for July 1, 2003, through Dec. 31, 2012. The restaurant’s total gross income reported to the Internal Revenue Service during the same period was $493,707.
• Law enforcement officers determined Beasley operated a counterfeit check and identity theft operation locally and in other states. He made counterfeit checks, recruited people to cash the checks and then split the cash proceeds with the check passers. He provided cars he owned or rented for their use while passing counterfeit checks.
• Beasley unlawfully possessed firearms and ammunition despite being prohibited from doing so because of a prior felony conviction.

The government is seeking the forfeiture of all money and property representing the proceeds of the crimes including the following real estate owned by Beasley: 660 N. Estelle, 1322 N. Estelle, 1815 E. 23rd, 907 N. Wabash, 2341 N. Piatt, 618 Hedgewood (Andover), 2001 Colt Court (Andover), 2826 E. 23rd, 1648 N. Estelle, 907 and 907 1/2 N. Cleveland, 655 N. Estelle, 1118 N. Piatt, 1728 McFarland, 2244 N. Kansas, 1339 N. Hillside, 1343 N. Hillside, 3623 E. Funston, 1122 N. Piatt, and 1304 N. Grove.

 Upon conviction, the alleged crimes carry the following penalties:

 Unlawful possession of a firearm after a felony conviction, a maximum penalty of 10 years in federal prison and a fine up to $250,000.
Unlawful possession of a firearm in furtherance of drug trafficking: Not less than five years -- consecutive to a sentence on the underlying drug charge -- and a fine up to $250,000.
Maintaining a drug involved premises: A maximum penalty of 20 years and a fine up to $500,000.
Possession with intent to distribute heroin: Not less than five years and not more than 40 years and a fine up to $5 million.
Possession with intent to distribute cocaine and crack cocaine: A maximum penalty of 20 years and a fine up to $1 million.
Conspiracy to possess with intent to distribute cocaine, crack cocaine and heroin: Not less than 10 years and a fine up to $4 million.
Conspiracy to commit bank fraud and bank fraud: A maximum penalty of 30 years and a fine up to $1 million.
Money laundering: A maximum penalty of 20 years and a fine up to $500,000.

The following agencies worked on the case: Wichita Police Department, the Sedgwick County Sheriff’s Office, the Drug Enforcement Administration, the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Internal Revenue Service and the Sedgwick County District Attorney’s Office. Assistant U.S. Attorney Debra Barnett and Special Assistant U.S. Attorney Michelle Jacobs are prosecuting.

OTHER INDICTMENTS

Sherrie Landell, 41, Erie, Kan., is charged with one count of embezzlement by an employee of a bank and two counts of making false entries in bank records. The indictment alleges Landell embezzled while she was an employee of Exchange State Bank, 408 N. 5th St. in St. Paul, Kan.

If convicted, she faces a maximum penalty of 30 years in federal prison and a fine up to $1 million. The U.S. Secret Service investigated. Assistant U.S. Attorney Aaron Smith is prosecuting.

Ricardo Garcia-Chihuahua, 37, a citizen of Mexico, is charged with unlawfully re-entering the United States after being deported. He was found Nov. 7, 2013, in Sedgwick County, Kan.

 If convicted, he faces a maximum penalty of two years in federal prison and a fine up to $250,000. Immigration and Customs Enforcement’s Enforcement and Removal Operations investigated. Assistant U.S. Attorney Brent Anderson is prosecuting.

Richard W. Smith, 59, Augusta, Kan., is charged with one count of possession with intent to distribute anabolic steroids, one count of possession with intent to distribute Alprazolam, one count of possession with intent to distribute Diazepam, one count of possession with intent to distribute Meprobamate, one count of possession with intent to distribute Nitrazepam, one count of possession with intent to distribute Phenobarbital, one count of possession with intent to distribute Medazepam, one count of possession with intent to distribute Temazepam, one count of possession with intent distribute Oxycodone, one count of unlawful possession of a firearm in furtherance of drug trafficking, one count of unlawful possession of a firearm by a user of controlled substances and one count of unlawful possession of a stolen firearm. The crimes are alleged to have occurred March 15, 2013, in Sedgwick County, Kan.

Upon conviction, the crimes carry the following penalties:

Possession with intent to distribute anabolic steroids: A maximum penalty of 10 years in federal prison and a fine up to $500,000.
Possession with intent to distribute Alprazolam, Diazepam, Meprobamate, Nitrazepam, Phenobarbital, Medazepam and Temazepam: A maximum penalty of five years and a fine up to $250,000.
Possession with intent to distribute Oxycodone: A maximum penalty of 20 years and a fine up to $1 million.
Unlawful possession of a firearm in furtherance of drug trafficking: Not less than five years and a fine up to $250,000.
Unlawful possession of a firearm by a user of controlled substances: A maximum penalty of 10 years and a fine up to $250,000.
Unlawful possession of a stolen firearm: A maximum penalty of 10 years and a fine up to $250,000.

Homeland Security Investigations, the Wichita Police Department and the Kansas Department of Revenue investigated. Assistant U.S. Attorney Lanny Welch is prosecuting.

 Codaniel A. Jones, 33, Independence, Kan., is charged with two counts of possession with intent to distribute methamphetamine, one count of unlawful possession of a firearm after a felony conviction, one count of unlawful possession of a firearm in furtherance of drug trafficking, one count of unlawful possession of a firearm by a user of controlled substances and one count of possession of marijuana. The crimes are alleged to have occurred in August and September 2013 in Montgomery County, Kan.

Upon conviction, the crimes carry the following penalties:

Possession with intent to distribute methamphetamine: A maximum penalty of 20 years and a fine up to$1 million.
Unlawful possession of a firearm after a felony conviction: A maximum penalty of 10 years in federal prison and a fine up to $250,000.
Unlawful possession of a firearm in furtherance of drug trafficking: Not less than five years and a fine up to $250,000.
The Kansas Bureau of Investigation investigated. Assistant U.S. Attorney Lanny Welch is prosecuting.

Juan Vargas, 43, Yucaipa, Calif., is charged with possession with intent to distribute approximately five kilograms of methamphetamine. The crime is alleged to have occurred Nov. 9, 2013, in Thomas County, Kan.

If convicted, he faces a penalty of not less than 10 years in federal prison and a fine up to $4 million. The Drug Enforcement Administration investigated. Special Assistant U.S. Attorney Michelle Jacobs is prosecuting.

Howard Harden, 51, Liberal, Kan., and Ebony James, 20, Wichita, Kan., are charged with conspiracy to distribute crack cocaine. The crime is alleged to have occurred May 23, 2013, in Clark County, Kan.

If convicted, they face a penalty of not less than five years and not more than 40 years and a fine up to $2 million. The Drug Enforcement Administration investigated. Special Assistant U.S. Attorney Michelle Jacobs is prosecuting.

Fernando Fernandez, Jr., 23, Wichita, Kan., one count of unlawful possession of a firearm after a felony conviction and one count of unlawful possession of ammunition after a felony conviction. The crimes are alleged to have occurred Nov. 10, 2013, in Sedgwick County, Kan.

 If convicted he faces a maximum penalty of 10 years and a fine up to $250,000. The Wichita Police Department Investigated. Special Assistant U.S. Attorney Michelle Jacobs is prosecuting.

Jacob Engstrom, 26, Wichita, Kan., and Tessa Bowler, 30, Wichita, Kan., are charged with conspiracy to distribute methamphetamine. In addition, Engstrom is charged with one count of unlawful possession of a firearm in furtherance of drug trafficking and two counts of unlawful possession of a firearm after a felony conviction. The crimes are alleged to have occurred in February 2012 and May 2012 in Sedgwick County, Kan.

If convicted, they face a penalty of not less than 10 years and a fine up to $4 million on the conspiracy count. In addition, if convicted, he faces a penalty of not less than five years – consecutive to the penalty for the drug count -- and a fine up to $250,000 on the charge of unlawful possession of a firearm in furtherance of drug trafficking, and a maximum penalty of 10 years and a fine up to $250,000 on the other firearm charge. The Drug Enforcement Administration investigated. Special Assistant U.S. Attorney Michelle Jacobs is prosecuting.

Anel V. Garcia-Estrada, 22, and Sandra Luz Estrada De Garcia, 44, are charged one count of conspiracy to commit money laundering and 17 counts of money laundering. The crimes are alleged to have occurred in 2010 and 2011 in Sedgwick County.

The indictment alleges the defendants conducted interstate financial transactions using funds derived from drug trafficking.

 If convicted, they face a maximum penalty of 20 years and a fine up to $500,000 on each count. The Drug Enforcement Administration investigated. Assistant U.S. Attorney Debra Barnett is prosecuting.

Jose Armando De Luna, 34, Wichita, Kan., is charged in a superseding indictment with one count of distributing methamphetamine, three counts of unlawful possession of ammunition after a felony conviction, one count of possession with intent to distribute methamphetamine, one count of unlawful possession of a firearm in furtherance of drug trafficking, two counts of unlawful possession of firearms after a felony conviction, and one count of unlawful possession of sawed off shotguns. The crimes are alleged to have occurred in September 2013 in Sedgwick County, Kan.

 Upon conviction, the crimes carry the following penalties:

Distribution of methamphetamine: A maximum penalty of 20 years in federal prison and a fine up to $1 million.
Unlawful possession of firearms or ammunition after a felony conviction: A maximum penalty of 10 years and a fine up to $250,000.
Possession with intent to distribute amphetamine: Not less than five years and not more than 40 years and a fine up to $2 million.
Unlawful possession of a firearm in furtherance of drug trafficking: Not less than five years and a fine up to $250,000.
Unlawful possession of a sawed off shotgun: A maximum penalty of 10 years and a fine up to $250,000.

The Bureau of Alcohol, Tobacco, Firearms and Explosives investigated. Assistant U.S. Attorney Alan Metzger is prosecuting

In all cases, defendants are presumed innocent until and unless proven guilty. The indictments merely contain allegations of criminal conduct.

WICHITA, KAN. – A Texas man has been sentenced to 21 months in federal prison for cattle fraud in Kansas, U.S. Attorney Barry Grissom said today.

William P. Cadle, 50, DeKalb, Texas, was sentenced Monday in U.S. District Court in Wichita. He pleaded guilty to one count of loan fraud and one count of criminal conversion.

In his plea, Candle admitted that on Feb. 6, 2012, he committed loan fraud against First National Bank in Independence, Kan. He obtained a loan from the First National Bank and identified cattle to be used as collateral for the loan. The security agreement grossly overstated the number of cattle he had to collateralize the loan. The security agreement also identified Angus cattle purchased with a Farm Service Agency loan as belonging to Cadle. In fact the cattle were purchased by Cadle’s son with a loan from the Farm Service Agency, and Cadle did not have enough collateral to secure his loan from First National Bank.

From September 2011 to March 2012, Cadle began selling the cattle secured by the Farm Service Agency loan. He concealed the fact the cattle were mortgaged by FSA and he did not make payments to FSA upon the sale. By the spring of 2012 he had sold all the cattle.

Grissom commended the U.S. Department of Agriculture and Assistant U.S. Attorney Aaron Smith for their work on the case.

WICHITA, KAN. – A Salina man has been sentenced to 180 months in federal prison for receiving and distributing child pornography, U.S. Attorney Barry Grissom said today.

Justin S. Tatum, 32, Salina, Kan., was sentenced Monday in U.S. District Court in Wichita. He pleaded guilty to three counts of distributing child pornography, related to two different investigations. In his plea, Tatum admitted sending images of child pornography to Jeffrey Wiederholt in exchange for child pornography that Wiederholt produced. Tatum sent a video of an adult male pulling a diaper off a girl no more than three years of age to expose her genitals to the camera. He also sent a video of an adult male sexually abusing a girl no more than five years old. The investigation began in 2011 when Immigration and Customs Enforcement agents acted on a lead related to Wiederholt, uncovering emails between Tatum and Wiederholt.

Wiederholt was charged and convicted in U.S. District Court in the Western District of Missouri. He was sentenced to 70 years.

Tatum also admitted to using an encrypted peer-to-peer program to trade child pornography with individuals he met on the Internet. An investigation into these activities began in July 2011 when a detective with the Sheriff’s Department in Martin County, Florida, downloaded images of child pornography from Tatum on July 15 and 18, 2011. On Aug. 10, 2011, officers of the Salina Police Department executed a search warrant at Tatum’s home in Salina.

Grissom commended Immigration and Customs Enforcement, the Martin County, Fla., Sheriff’s Department, the Salina Police Department and Assistant U.S. Attorney Jason Hart for their work on the case.

WICHITA, KAN. – A former 911 director for Crawford County, Kan., has pleaded guilty to mail fraud, U.S. Attorney Barry Grissom said today.

John Gagliardo, 60, Pittsburg, Kan., pleaded guilty Monday in U.S. District Court in Wichita to one count of mail fraud. In his plea, he admitted the crime occurred in 2011 while he was serving as 911 Director for Crawford County, Kan., and also working as a salesman at Washington Electronics at 611 N. Pine in Pittsburg, Kan.

In 2011 Dave Gobel, an employee of the Kansas Division of Wildlife and Parks, was responsible for obtaining storm warning equipment for Farlington, Kan., and an area around Crawford County State Park. Gobel prepared a grant application to the state of Kansas. He solicited a bid for the equipment from Washington Electronics. In addition to supplying Gobel a legitimate bid from Washington Electronics, Gagliardo supplied Gobel with a fraudulent bid from a non-existent company called K-Sirens of Scammon, Kan. Goebel did not ask for the second bid and did not know it was fraudulent. The fraudulent bid was for a higher amount than the legitimate bid from Washington Electronics.

Sentencing is set for Feb. 19. The parties have agreed to recommend probation.

Co-defendant George Washington is set for sentencing Feb. 10.

Grissom commended the Kansas Bureau of Investigation, the FBI and Assistant U.S. Attorney Lanny Welch for their work on the case.

WICHITA, KAN. – A Wisconsin man has been sentenced to two years federal probation and ordered to pay $183,000 in restitution for taking part in a cyber-attack on Koch Industries in Wichita that was sponsored by a group known as Anonymous, U.S. Attorney Barr Grissom said today.

Eric J. Rosol, 38, Black Creek, Wis., pleaded guilty to one misdemeanor count of accessing a protected computer. In his plea, he admitted that on Feb. 28, 2011, he took part in a denial of service attack on a Web page of Koch Industries – Kochind.com. From Wisconsin, he used software called a Low Orbit Ion Cannon Code, which was loaded on his computer. He took part in the attack for approximately one minute. The attack, which was organized by a computer hacking group known as Anonymous, caused Kochind.com to go offline for approximately 15 minutes.

Koch Industries had hired a consulting group to protect its Web sites at a cost of approximately $183,000.

Grissom commended the FBI and Assistant U.S. Attorney Alan Metzger for their work on the case.

WICHITA, KAN. - One member of a Dodge City street gang was sentenced and another pleaded guilty Monday in a federal racketeering case, U.S. Attorney Barry Grissom said today.

Fabian Neave, 26, Dodge City, Kan., was sentenced to 60 months in federal prison. He pleaded guilty to one count of racketeering conspiracy. In his plea, he admitted committing crimes while he was a member of the Diablos Viejos and associated with the Norteno street gang.

Alfredo Beltran-Ruiz, 22, Dodge City, Kan., pleaded guilty to one count of aiding and abetting attempted murder, which was a violent crime in aid of racketeering.

In his plea, Neave admitted being involved in three incidents. He took part in an Aug. 27, 2011, assault at 703 E. 9th Ave. in Dodge City, and he possessed methamphetamine with intent to distribute on Dec. 27, 2011. In the third incident, on July 2, 2008, he and other Nortenos robbed a victim named Bryant Licon. During the robbery, Neave held a knife to Licon. He and two other Nortenos split the money from the robbery.

In his plea, Beltran-Ruiz admitted that on March 15, 2011, he aided and abetted the attempted murder of a victim named Reyes Delira-Padilla by firing shots at the victim’s house at 1705 Ave. D in Dodge City. Delira-Padilla was a member of the rival Sureno gang.

Beltran-Ruiz is set for sentencing Feb. 24. He faces a penalty of up to 10 years in federal prison and a fine up to $250,000.

Both defendants were among 23 Nortenos indicted in May 2012. It was only the second time a federal RICO Act indictment (Racketeer Influenced and Corrupt Organizations Act) had been filed in Kansas. So far, 21 defendants have been convicted. Defendants Adam Flores and Jayson Vargas are awaiting trial.

        Grissom commended the Dodge City Police Department, the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Ford County Sheriff?s Office, the Ford County Attorney’s Office, the Kansas Bureau of Investigation, Assistant Aaron Smith and Assistant U.S. Attorney Lanny Welch for their work on the case.

WICHITA, KAN. - A former officer of the Wichita Police Department has been sentenced to a year on federal probation after pleading guilty in a scheme to pay a bribe as part of an unsuccessful effort to keep from losing her job, U.S. Attorney Barry Grissom.

Former officer Joletta Vallejo, 35, Wichita, Kan., pleaded guilty to one count of conspiracy to commit wire fraud. Vallejo was employed by the police department from Jan. 9, 2006, to Aug. 24, 2012. In her plea, she admitted that on Oct. 16, 2011, two citizens approached her to make a report that they were victims of an aggravated robbery, aggravated kidnaping, aggravated battery and attempted first degree murder. Vallejo did not follow the police department’s policies in responding and filing their complaints.

As a result of her failure to follow department policies, Vallejo was investigated by the police department’s Professional Standards Bureau. When she was interviewed she lied to the investigators. When she became aware she was going to be fired, she and co-defendant Patrick Melendrez devised a scheme to attempt to keep her job.

On Aug. 22, 2012, Vallejo created a Google Voice number in the name of Melendrez. They used that number to call and text one of the citizens and offer him money to recant the statements he had made to police about Vallejo’s conduct. The citizen’s response was part of an undercover investigation.

Co-defendant Patrick Melendrez was sentenced to two years on probation. Co-defendant Courtney Foster is awaiting trial

Grissom commended the Wichita Police Department, the FBI and Assistant U.S. Attorney Debra Barnett for their work on the case.

CONCORD, N.H. – David M. Kwiatkowski, 34, a former employee of Exeter Hospital, was sentenced today to 39 years in prison for his conduct in causing a widespread Hepatitis C outbreak in numerous states, announced United States Attorney John P. Kacavas and Barry R. Grissom, United States Attorney for the District of Kansas.

After working as a health care technician at several medical facilities in Michigan between 2003 and 2007, the defendant became a “traveling” radiologic technician, using various placement agencies to find employment at medical facilities in New York, Pennsylvania, Maryland, Arizona, Kansas, Georgia, and New Hampshire. While employed as a “traveler,” he stole syringes of Fentanyl – a powerful anesthetic to which he did not have authorized access – intended for patients undergoing certain medical procedures. He replaced the stolen syringes with syringes that he had stolen from previous procedures and refilled with saline, after having injected himself with the Fentanyl intended for his patients.

The defendant engaged in this diversion and tampering despite knowing that he was infected with Hepatitis C, a blood-borne virus that can cause serious damage to the liver as well as other complications. Precisely when he contracted the virus remains an open question. However, the defendant learned no later than June of 2010, while employed at Hays Medical Center in Kansas, that he was infected with Hepatitis C. Despite that knowledge, he continued to inject himself using stolen Fentanyl syringes, in the process causing those syringes to become tainted with his infected blood. He refilled those tainted syringes with saline and replaced them for use on unsuspecting patients undergoing subsequent procedures. Consequently, instead of receiving their prescribed dose of Fentanyl with its intended anesthetic effect, those patients actually received saline tainted with the defendant’s strain of the Hepatitis C virus.

As a “traveler,” the defendant worked in no fewer than eight different states and he engaged in this diversion and/or tampering in each of them. His criminal conduct only came to light when several unexplained cases of Hepatitis C were detected at Exeter Hospital in New Hampshire in May of 2012. That discovery triggered a massive public health investigation in which authorities in New Hampshire, other states in which the defendant had been employed, and the Centers for Disease Control and Prevention (CDC) sought to identify the scope of the defendant’s criminal conduct. All told, the CDC recommended that more than 12,000 patients seek testing to determine whether the defendant infected them. Testing to date has revealed that 32 patients who were treated at Exeter Hospital, six patients who were treated at Hays Medical Center in Kansas, six patients who were treated at Johns Hopkins Hospital in Maryland, and one patient who was treated at the VA Medical Center in Baltimore, Maryland carry a strain of Hepatitis C that has been genetically linked to the viral strain with which the defendant is infected.

An individual who has a personal relationship with one of the Exeter Hospital victims also has become infected with the same strain of the virus. Additionally, Hepatitis C contracted from the defendant has been identified as a contributing factor in the death of an elderly Kansas patient.

The defendant’s 40-year sentence was imposed on his pleas of guilty to eight counts of obtaining controlled substances by fraud and eight counts of tampering with a consumer product.

Fourteen of those charges were initiated in New Hampshire and two charges were transferred from the District of Kansas. This sentence is believed to be the highest sentence ever received for a crime of this nature.

United States Attorney John P. Kacavas said, “The 40-year sentence imposed today ensures that this serial infector will no longer be in position to harm innocent and vulnerable people, extinguishing once and for all the pernicious threat he posed to public health and safety. This prosecution surely heightened public awareness of the problem of drug diversion in medical settings, and the defendant’s convictions and sentence represent a major step forward in redressing the catastrophic consequences of his selfish and reckless behavior. While no sentence of incarceration can restore his victims to their former state of health, I hope that bringing this defendant to swift and certain justice will give them some peace of mind as they confront the uncertainty of living with the Hepatitis C virus.”

United States Attorney Barry R. Grissom said, “The defendant learned he had Hepatitis C while he was working at Hays Medical Center in Kansas. A patient in Kansas died and a medical examiner found that Hepatitis C contributed to the death. Many patients and their families still are living with the harm inflicted by the defendant’s reckless choices.”

Special Agent in Charge Vincent Lisi, of the Federal Bureau of Investigation, Boston Field Division said ,“This was a heinous crime that touched so many of us in New Hampshire and in several states throughout the country. When you go into a hospital for treatment, you should be able to trust that someone like the defendant will not steal pain medication intended for you and infect you with a deadly disease. We are pleased to see justice served today, and we hope this lengthy sentence will deter others who might be tempted to prey on vulnerable patients. We are grateful to all the Federal, State, and local investigating agencies that took part in this unprecedented investigation and to the leadership of both United States Attorney John Kacavas and Assistant United States Attorney John Farley who worked tirelessly to bring justice to the many victims in this case. Most of all, we are deeply thankful to the numerous victims who selflessly shared their time and extremely personal information with investigators under such difficult circumstances. They are the true heroes in this investigation. Though faced with difficult circumstances themselves, their extraordinary cooperation and information was the backbone for the investigation.”

“Patients put their trust in the safety of this country’s health care system,” said Phillip Coyne, Special Agent in Charge of the U.S. Department of Health and Human Services Office of Inspector General region including New Hampshire. “When the reckless actions of Mr. Kwiatkowski compromised the safety of some patients in federally funded health care programs, we joined with our law enforcement partners to protect people from the defendant.”

In addition to his term of incarceration, the defendant will be placed on supervised release for three years following his release from prison. He also must pay a $1,600.00 special assessment and restitution in the amount of nearly $25,000.00.

This investigation involved the cooperative efforts of federal, state, and local law enforcement agencies, including the Federal Bureau of Investigation, the Office of Inspector General of the U.S. Department of Health and Human Services, the Drug Enforcement Administration, Office of Criminal Investigations of the Food and Drug Administration, the Office of Inspector General of the Department of Veterans Affairs, the New Hampshire Attorney General’s Office, the New Hampshire State Police, and the Exeter, New Hampshire Police Department. Assistance also was provided by the New Hampshire Drug Task Force, the Marlborough, Massachusetts Police Department, the Boxborough, Massachusetts Police Department, and the United States Attorney’s Offices in the District of Massachusetts, the District of Kansas, the District of Maryland, and the Middle District of Georgia. The case was prosecuted by Assistant U.S. Attorney John J. Farley. The Kansas aspects of the case were handled by Assistant U.S. Attorney Tanya Treadway.

WICHITA, KAN. – A former waste water treatment superintendent for the City of Hays pleaded guilty and was sentenced Monday for violating the federal Clean Water Act, U.S. Attorney Barry Grissom said today.

Charles L. Blair, 58, Hays, Kan.,was sentenced to a year on federal probation and a $2,500 fine. Blair pleaded guilty to one misdemeanor count of negligent discharge of a pollutant. In his plea, he admitted that in February 2012 he negligently allowed for the discharge of effluent from the waste water treatment plant in Hays that contained an ammonia nitrogen level of 46.2 milligrams per liter. This level of ammonia nitrogen is in excess of both state and federal regulations.

Grissom commended the Environmental Protection Agency and Assistant U.S. Attorney Matt Treaster for their work on the case.

KANSAS CITY, KAN. A former Kansas City, Kan., apartment manager has been sentenced to 54 months in prison for theft of Section 8 housing program funds, U.S. Attorney Barry Grissom said today. In addition, she was ordered to pay more than $303,000 in restitution.

Mary Amador, 28, formerly of Kansas City, Kan., who worked as an assistant property manager at Terrace Pointe Apartments, 641 S. 71st Terrace in Kansas City, Kan., was sentenced Monday. She pleaded guilty to 40 counts as charged, including theft of public money, aggravated identity theft and making false statements.

In her plea, Amador admitted a federal investigation revealed that numerous residents of Terrace Pointe were foreign citizens who were in the United States unlawfully. In exchange for bribes, Amador accepted counterfeit citizenship documents and falsely reported to the U.S. Department of Housing and Urban Development that the tenants were eligible to receive Section 8 housing subsidies.

Co-defendants include: Martin Ramirez, who was sentenced to time served and ordered to pay more than $21,000 restitution.
Brenda R. Aguirre-Rodriguez, who was sentenced to time served and ordered to pay more than $21,000 in restitution.
Ruben A. Solorio-Guzman, who was sentenced to time served and ordered to play more than $22,000 in restitution.
Rosa Isela Limas-Caldera, who was sentenced to time served and ordered to pay more than $20,000 restitution.
Araceli Ramirez, who was sentenced to time served and ordered to pay more than $22,000 in restitution.
Karla Herrera-Morales, who is set for sentencing Dec. 2.
Candelaria Morales, who was sentenced to time served and ordered to pay more than $17,000 restitution.
Estela Cervantez, who was sentenced to time served and ordered to pay more than $5,000 restitution.
Karina Soto-Lopez, who was sentenced to time served and ordered to pay more than $5,000 restitution.

Grissom commended Housing Urban Development’s Office of Inspector General and Assistant U.S. Attorney Tris Hunt for their work on the case.

KANSAS CITY, KAN. - Two defendants convicted for their roles in a $28 million drug trafficking conspiracy have been sentenced to federal prison, U.S. Attorney Barry Grissom said today.

Sentenced today were: Victor Hernandez-Delgado, 60, Kansas City, Mo., who was sentenced to 180 months in federal prison.
Jorge Cisneros-Saucedo, 41, Kansas City, Kan., who was sentenced to 120 months.

Both defendants pleaded guilty to one count of conspiracy to distribute more than 5 kilograms of cocaine. In their pleas, they admitted they were part of a drug trafficking organization that in October 2010 became the target of an investigation by the Drug Enforcement Administration. Investigators worked to identify both suppliers and customers of co-defendant Djuane Sykes. As the investigation broadened, it came to include the distribution of more than 1,000 kilograms of marijuana.

The investigation yielded the seizure and forfeiture of more than $2 million in cash, 194 firearms, 29 vehicles, 26 kilograms of cocaine and three kilograms of crack.

In their pleas, the defendants admitted that Cisneros-Saucedo supplied drugs to Hernandez-Delgado. On Aug. 21, 2011, investigators intercepted a call between the two men in which they discussed the fact Cisneros-Saucedo had only nine ounces of cocaine left. On Aug. 23, 20011, investigators intercepted a call in which the two men arranged to meet for a drug deal.

In addition, investigators intercepted calls in which Cisneros-Saucedo:

• Asked another co-defendant if he could provide him with 1.5 kilograms of cocaine.
• Asked another co-defendant if he could “get me a half a pig,” meaning half a kilogram of cocaine.
• Told another co-defendant how he had changed telephone numbers about 10 times, which was a method of avoiding detection by law enforcement.
• Talked to another co-defendant about the fact a female courier was transporting 997 grams of cocaine on a Los Paisanos commuter bus. Law enforcement officers stopped the bus and seized the drugs.
• Received cocaine delivered to his home.

Co-defendants include: Martin Munoz-Rodriguez, who was sentenced to 168 months.
Lucinda Scott, who was sentenced to 120 months.
Jesse Trevino, who was sentenced to 70 months.
Eduardo Perez-Alcala, who is awaiting sentencing.
Hector Aguilera, who is awaiting sentencing.
Gerardo Flores-Avila, who is awaiting sentencing.
Juan Rudolfo Martinez-Bejarano, who is awaiting sentencing.
Juana Perez-Alcala, who is awaiting sentencing.
Djuane E. Sykes, who is awaiting sentencing.
Juan Flores, who is awaiting sentencing.
Jorge Reyes, who is set for sentencing Dec. 3.
Luis Felipe Cruz, who is awaiting sentencing.
Javier Limas-Carmona, who is set to resume jury trial Dec. 2.
Adriana Fierro-Decarlos, who is awaiting sentencing.
Nolberto Garcia, who is set for jury trial March 3.
Thomas Seth Harris, who is set to resume jury trial Dec. 2.
Robert Vasquez, who is set to resume jury trial Dec. 2.
Omar Flaco, who is awaiting sentencing.
Jesus Barrera-Barron, who is set for sentencing Dec. 10.
Hiram Martinez-Bejarano, who is set for sentencing Dec. 10.
Alfredo Marquez, who is set for sentencing Dec. 17.
Ildefonso Guevara-Quintana, who is awaiting sentencing.
Jose Juan Rojas-Rosario, who is set for sentencing Dec. 6.
Ralph Mayo, who is awaiting sentencing.
James Stallings, who is set for sentencing Dec. 9.
Ataven Tatum, who is set for sentencing Jan. 7.
Marvin Lee Ellis, who is set to resume jury trial Dec. 2.
Julius Smith, who is awaiting sentencing.
Juvon Smith, who is awaiting sentencing.
Richard Kirkendoll, who is awaiting sentencing.
John Doran, who is awaiting sentencing.
Vernon Brown, who is set to resume jury trial for trial Dec. 2.
Riko Carter, who is awaiting sentencing.
Kyle Stephen, who is set to resume jury trial Dec. 2.
Carlos Gilchrist, who is set for sentencing Dec. 10.
Armando Martinez, who is set for sentencing Dec. 6.
Ralph McKinney, who is set for sentencing Dec. 6.
Lazaro Garciga, who is set for sentencing Dec. 3.
Tohima Corralez, who is awaiting sentencing.
Delfino Hernandez-Martinez, who is awaiting sentencing.
Francisco Javier Lozoya-Renteria, who is awaiting sentencing.
Theoplis L. Ellis, who is set for sentencing Dec. 9.
Luis Anselmo Ortega-Flores, who is awaiting sentencing.

Grissom commended the Drug Enforcement Administration, the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Internal Revenue Service, the Kansas City, Kan., Police Department and Assistant U.S. Attorney Terra Morehead for their work on the case.

WICHITA, KAN. Four defendants in Wichita have been sentenced in a mortgage fraud case, U.S. Attorney Barry Grissom said today.

 All four defendants pleaded guilty and admitted co-defendant Manjur Alam recruited them to take part in a fraudulent scheme to obtain mortgage loans. Manjur devised the scheme to defraud lenders by falsifying loan applications and supporting documents.

Those sentenced Monday were: Christopher Ginyard, 27, Wichita, two years supervised release and $40,000.
Henry Pearson, Jr., 29, Wichita, two years supervised release and $56,000 restitution.
Henry Pearson, Sr., Wichita, two years supervised release and $55,180 restitution.
Bruce Dykes, 45, Wichita, two years supervised release and $14,872 restitution.

Ginyard, Dykes and Henry Pearson, Sr., each pleaded guilty to one count of wire fraud. Henry Pearson, Jr., pleaded guilty to one count of bank fraud.

Henry Pearson, Sr., made a false statement that he would live in the property he was buying. In fact, he rented it to a third party. Based on the false statements, Lehman Brothers Bank wired $138,330.55 to Lawyer's Title escrow for the purchase of 8431 Hildreth in Wichita.

Henry Pearson, Jr., submitted a false verification of rent and a false letter of credit and made a false statement that he intended to live in the property at 1510 N. Market in Wichita. When the home was eventually foreclosed on, the bank suffered a loss of $56,000.

Christopher Ginyard falsely identified two employments in his loan application and made a false statement that he intended to live in the property at 2050 Santa Fe in Wichita. Based on the false statements, First Tennessee Bank made a payment of $72,865.75 to Kansas Secured Title=s escrow account.

Bruce Dykes obtained an $80,285 loan from First Horizon Home Loans through First Tennessee Bank that was based on a false loan application. Alam submitted a false verification of rent, a false letter of credit and a false loan application to obtain Dykes’ loan.

Co-defendant Manjur Alam, who pleaded guilty to one count of conspiracy to commit wire fraud and bank fraud, is set for sentencing Jan. 27.
Co-defendant Steven Pelz, who pleaded guilty to one count of wire fraud, is set for sentencing Dec. 16.

Co-defendant Janice Young is awaiting sentencing

Grissom commended the Department of Housing and Urban Development, the Federal Housing Finance Agency - OIG, the Internal Revenue Service and Assistant U.S. Attorney Aaron Smith for their work on the case.

WICHITA, KAN. – A second former bank employee has pleaded guilty to embezzling from a bank in Grant County, Kan., and helping stage a robbery to cover up the theft, U.S. Attorney Barry Grissom said today.

Ashley Cravens, 29, Ulysses, Kan., pleaded guilty to one count of theft from a bank. In her plea, she admitted that she and other former bank employees embezzled from the bank and staged a robbery. From 2008 to July 24, 2010, while Cravens worked at Western State Bank in Ulysses, she and two co-defendants embezzled approximately $84,200. On July 24, 2010, Cravens aided and abetted a staged bank robbery. Subsequent to the staged bank robbery, Cravens and co-defendants embezzled another $24,450 from the bank.

Cravens is set for sentencing Feb. 7. She faces a maximum penalty of 10 years in federal prison and a fine up to $250,000.

Co-defendants are: Amber Gutierrez, who is set for sentencing Feb. 4.
Hattie Wiginton, who is set for jury trial Dec. 17.
Linda Wise, who is set for jury trial Dec. 17.

Grissom commended the FBI, the KBI, the Grant County Sheriff?s Office, the Ulysses Police Department and Assistant U.S. Attorney Aaron Smith 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 CITY, KAN. – A Johnson County man has been convicted of tampering with a witness in a federal criminal case, U.S. Attorney Barry Grissom said today.

A jury found Gary Sparks, 61, Edgerton, Kan., guilty of one count of tampering with a witness. During trial, prosecutors presented evidence that Sparks attempted to persuade his granddaughter to lie to investigators who were investigating his daughter, Stacy Ashley, on drug charges. Ashley pleaded guilty to one count of distributing Oxymorphone. In her plea, she admitted that on July 30, 2011, she distributed Oxymorphone to Joshua Auclair, who died from a drug overdose. Ashley is set for sentencing Dec. 10.

Sparks will be set for sentencing at a later date. She faces a maximum penalty of 20 years in federal prison and a fine up to $250,000.

Grissom commended the Kansas Bureau of Investigation and Assistant U.S. Attorney Sheri McCracken for their work on the case.

WICHITA, KAN. – A former Wichita area physician who was serving time on supervised release for a drug conviction has been convicted on federal firearm and drug charges, U.S. Attorney Barry Grissom said today.

A jury found Lawrence M. Simons, 57, Wichita, Kan., guilty on one count of unlawful possession of a firearm after a felony conviction and one count of unlawful possession of controlled substances.

During trial, prosecutors presented evidence that in 2009 Simons, a former employee of the Schneider Medical Clinic in Haysville, Kan., pleaded guilty to two counts of unlawfully distributing controlled substances. In January 2010, Simons was sentenced to 24 months in federal prison to be followed by three years on supervised release.

In April 2013 an agent of the Bureau of Alcohol, Tobacco, Firearms and Explosives learned that Simons had given a pistol to Steven Woodin, proprietor of S&F Bail Bonds in Wichita. Simons owed Woodin for bonding him out of jail on a $25,000 bond in a Sedgwick County District Court case involving a charge of making a criminal threat.

Prosecutors also presented evidence that on Aug. 7, 2008, Simons signed a Drug Enforcement Administration form surrendering his controlled substances privileges. On Aug. 21, 2009, Simons leased three storage units at the West Kellogg Stor-All where he stored personal property. Controlled substances later were found in the storage units including Fentanyl, Actiq, Lortab Elixer, Ketamine, Versed, Midazolam, Brevital Sodium, Diazepam, Stadol and Niravan.

Sentencing is set for Feb. 10, 2014. He faces a maximum penalty of 10 years in federal prison and a fine up to $250,000 on each firearm count, and a maximum penalty of two years and a fine of not less than $2,500 on the drug count.  The Bureau of Alcohol, Tobacco, Firearms and Explosives investigated. Assistant U.S. Attorney Alan Metzger is prosecuting.

KANSAS CITY, KAN. -  An Augusta, Kan., man has been indicted on charges of producing child pornography, U.S. Attorney Barry Grissom said today. The indictment was returned by a federal grand jury in Kansas City, Kan.

Kristopher K. Sims, 30, Augusta, Kan., is charged with two counts of production of child pornography. The crimes are alleged to have occurred July 20, 2012, and Nov. 5, 2012, in Butler County, Kan.

Sims initially was charged in a criminal complaint filed Nov. 15 in U.S. District Court in Wichita. An investigator’s affidavit in support of the complaint alleges that a Wichita police detective initiated the investigation after receiving information from Omegle, an online chat service that encourages users to communicate anonymously with strangers. Investigators learned that during a chat on Omegle users exchanged an image of an adult male engaged in sexual activity with a female child who appeared to be under the age of four. They followed an electronic trail to Sims’ home in Augusta. They learned that Sims had used the Internet to pose as a 14-year-old boy in order to contact girls and to entice them to send him photos of themselves engaged in sexual activities.

If convicted, he faces a penalty of not less than 15 years and not more than 30 years and a fine up to $250,000 on each count. Homeland Security Investigations, Immigration and Customs Enforcement and the Wichita Police Department investigated. Assistant U.S. Attorney Jason Hart is prosecuting.

OTHER INDICTMENTS

Nicolas P. Juszcyk, 24, is charged with one count of possession with intent to distribute methamphetamine, one count of unlawful possession of a firearm in relation to drug trafficking, and one count of unlawful possession of a firearm after a felony conviction. The crimes are alleged to have occurred Oct. 9, 2013, in Kansas City, Kan.

If convicted, he faces a penalty of not less than five years and not more than 40 years and fine up to $5 million on the methamphetamine charge, not less than five years and not more than life and a fine up to $250,000 on the charge of possessing a firearm in furtherance of drug trafficking, and a maximum penalty of 10 years and a fine up to $250,000 on the other firearm charge. The Bureau of Alcohol, Tobacco, Firearms and Explosives investigated. Special Assistant U.S. Attorney Erin Tomasic is prosecuting.

Anthony R. Barajas, 22, Kansas City, Kan., is charged with one count of unlawful possession of a firearm after a felony conviction. The crime is alleged to have occurred Oct. 31, 2013, in Kansas City, Kan.

If convicted, he faces a maximum penalty of 10 years and a fine up to $250,000. The Bureau of Alcohol, Tobacco, Firearms and Explosives investigated. Assistant U.S. Attorney David Zabel is prosecuting.

Brian Garner, 37, who is an inmate of the U.S. Penitentiary at Leavenworth, is charged with one count of possession with intent to distribute marijuana and one count of possession of a prohibited object in the penitentiary. The crimes are alleged to have occurred Jan. 13, 2013, in Leavenworth, Kan.

If convicted, he faces a maximum penalty of five years in federal prison and a fine up to $250,000 on each count. The FBI investigated. Assistant U.S. Attorney David Zabel is prosecuting.

Leonard Frank Bagdol, 71, is charged with one count of unlawful possession of a firearm after a felony conviction. The crime is alleged to have occurred Nov. 13, 2013, in Lawrence, Kan.

If convicted, he faces a maximum penalty of 10 years and a fine up to $250,000. The Bureau of Alcohol, Tobacco, Firearms and Explosives and the Kansas Highway Patrol investigated. Assistant U.S. Attorney Greg Hough is prosecuting.

In all cases, defendants are presumed innocent until and unless proven guilty. The indictments merely contain allegations of criminal conduct.

WICHITA, KAN. – A Wichita man has been sentenced to two years on federal probation for helping a former officer of the Wichita Police Department in a scheme to bribe a witness in hopes of keeping the officer from losing her job, U.S. Attorney Barry Grissom said today. He already spent five months in jail.

Patrick Melendrez, 40, Wichita, Kan., pleaded guilty to one count of conspiracy to commit wire fraud. In his plea, he admitted that co-defendant Joletta Vallejo developed a plan and asked him to assist her in bribing a witness to recant statements the witness made about Vallejo to the police department’s Professional Standards Bureau.

Vallejo was employed by the Wichita Police Department from Jan. 9, 2006, to Aug 24, 2012. On Oct. 16, 2011, two citizens approached her to report they were victims of an aggravated robbery, aggravated kidnaping, aggravated battery and attempted first degree murder. Vallejo did not follow the police department’s policies in responding and filing their complaints. As a result, Vallejo was investigated by the police department’s Professional Standards Bureau. When she was interviewed she lied to investigators. When she became aware she was going to be fired, she and Melendrez devised a scheme to attempt to keep her job.

On Aug. 22, 2012, Vallejo created a Google Voice number in the name of Melendrez. On Aug. 22 and 23, that number was used to call and text a witness to persuade him to recant his statements to the Professional Standards Bureau. In return, Vallejo and Melendrez offered the witness money. What Vallejo and Melendrez did not know is the witness was cooperating with an undercover investigation into the bribery attempt.

Co-defendant Vallejo is set for sentencing Dec. 2.

Grissom commended the Wichita Police Department, the FBI and Assistant U.S. Attorney Debra Barnett for their work on the case.

WICHITA, KAN. – A Dodge City man has been sentenced to 21 months in federal prison for assault with a dangerous weapon in connection with a federal racketeering case, U.S. Attorney Barry Grissom said today

Andrew Gusman, 21, Dodge City, Kan., pleaded guilty to assault with a dangerous weapon, which was a violent crime in aid of racketeering. In his plea, Gusman admitted that on March 30, 2011, he was with fellow Norteno gang members including co-defendants Alfonso Banda-Hernandez, Enrique Gobin and Jesus Sanchez.At a Love=s convenience store in Dodge City, they encountered George Gonzalez, who was a member of the rival Sureno gang. They threw gang signs at Gonzales and attempted to start a fight.

Later that day, they again encountered Gonzalez and began chasing his car. Gusman and Banda-Hernandez were in one car, and Gobin and Sanchez were in another car. During the case, Sanchez fired shots at Gonzalez. After the shooting, the four defendants met outside of town.

Gusman was one of 23 Norteno members to be indicted in May 2012. It was only the second time a federal RICO Act indictment (Racketeer Influenced and Corrupt Organizations Act) had been filed in Kansas. Twenty defendants have been convicted so far.

Grissom commended the Dodge City Police Department, the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Ford County Sheriff's Office, the Kansas Bureau of Investigation, Assistant Aaron Smith and Assistant U.S. Attorney Lanny Welch for their work on the case.

TOPEKA, KAN. – A Topeka man has been sentenced to 87 months in federal prison for maintaining an apartment where he sold crack cocaine, U.S. Attorney Barry Grissom said today.

Charles L. Whetstone, 59, Topeka, Kan., pleaded guilty to one count of maintaining a premises in furtherance of drug trafficking. In his plea, he admitted that in April 2011 the Topeka Police Department made controlled buys of cocaine from Whetstone at an apartment at 611 S.W. Fillmore in Topeka. Whetstone lived elsewhere, but told buyers that when a gold Toyota was parked in front of the apartment he was open for business.

After serving a search warrant at the apartment and seizing drugs, police assumed the role of cocaine salesman at the address. Eleven more persons came to the residence and were arrested after they bought simulated drugs from an undercover officer. The apartment was located within 1,000 feet of Cair Paravel private school at 635 S.W. Tyler in Topeka.

Grissom commended the narcotics divisions of the Topeka Police Department and the Shawnee County Sheriff’s Office and Assistant U.S. Attorney Randy Hendershot for their work on the case.

TOPEKA, KAN. – A man has pleaded guilty in a federal drug trafficking case in Salina, U.S. Attorney Barry Grissom said today.

Jon Reed Woodbridge, 23, Salina, Kan., pleaded guilty to one count of using a telephone with texting capabilities in furtherance of drug trafficking. In his plea, Woodbridge admitted that on Feb. 7, 2013, he used telephone texting technology to facilitate trafficking in marijuana.

He is set for sentencing Feb. 3, 2014. He faces a maximum penalty of eight years in federal prison and a fine up to $250,000.

Co-defendants are: Abigail Torres Soto, who is set for sentencing Feb. 14, 2014.
Delaine Rae Romeo, who is set for sentencing Jan. 27, 2014.

Grissom commended the 1-70/I-35 Drug Task Force, the Salina Police Department and Assistant U.S. Attorney Richard Hathaway for their work on the case.

TOPEKA, KAN. – A woman has pleaded guilty in a federal drug trafficking case from Salina, U.S. Attorney Barry Grissom said today.

Abigail Torres Soto, 23, pleaded guilty to one count of conspiracy to distribute methamphetamine, three counts of distributing methamphetamine and one count of possession with intent to distribute methamphetamine. In April 2013, Soto was indicted along with co-defendants Jon Reed Woodbridge, 23, and Delaine Rae Romeo, 48, Salina, Kan. The indictment alleged that beginning in January 2013 the defendants conspired to distribute methamphetamine in Saline County, Kan.

In June 2013, Romeo pleaded guilty to one count of conspiracy to distribute methamphetamine. In her plea, she admitted that on Feb. 7, 2013, agents with the drug task force based in Salina executed a search warrant at the Koyotee lounge in Salina and seized more than $6,000 in cash, marijuana, methamphetamine and other drug paraphernalia. Agents had made three controlled buys of methamphetamine from the Koyotee lounge. Romeo admitted that she had been receiving methamphetamine from Soto to sell.

Soto is set for sentencing Feb. 14. She faces a penalty of not less than 10 years and a fine up to $4 million on the conspiracy count, not less than five years and not more than 40 years and a fine up to $2 million on each distribution count, and a maximum penalty of 20 years and a fine up to $1 million on the remaining count.

Co-defendants include: Jon Reed Woodbridge, who is set for trial Nov. 14.
Delaine Rae Romeo, who is set for sentencing Jan. 27, 2014.

Grissom commended the 1-70/I-35 Drug Task Force, the Salina Police Department and Assistant U.S. Attorney Richard Hathaway 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.

WICHITA, KAN. - A Massachusetts woman has pleaded guilty to aiding and abetting the harboring of undocumented workers as part of a human trafficking scheme, U.S. Attorney Barry Grissom said today.

Xiuqing Tian, 44, Framingham, Mass., pleaded guilty to one count of harboring undocumented aliens. In her plea, Tian admitted she entered the United States in September 2009 and came to Wichita with an agreement to work for co-defendants Yan Zhang and Gary Kidgell in their Sun Chi Spa massage business. After she arrived, Tian was encouraged and expected by Zhang and Kidgell to perform sexual acts with patrons of the spa. Kidgell and Zhang later opened AG Spa, where Tian was similarly employed.

While working for Kidgell, Tian helped recruit other Chinese women to work in his massage businesses. She provided translation services and conducted interviews of Chinese females. In January 2011, at Kidgell’s direction, she used the telephone to recruit a woman by telling her she would make a lot of money in Wichita. After the woman arrived in Wichita, she was met by Tian and Kidgell, who transported her to Kidgell’s residence. The woman was made to stay there and to pay rent. Both Tian and Kidgell knew the woman was not a United States citizen.

Sentencing is set for Jan. 29. Tian faces a maximum penalty of five years in federal prison and a fine up to $250,000.

Co-defendants Kidgell and Zhang are awaiting trial.

The Wichita Police Department 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.

KANSAS CITY, KAN. – A Missouri man has been sentenced to 18 months in federal prison for selling counterfeit designer goods at a store in Kansas City, Kan., including shoes labeled as Nike Air Force 1 and shirts labeled as Polo Ralph Lauren, U.S. Attorney Barry Grissom said today.
 
Jehad Shalabi, 45, Blue Springs, Mo., pleaded guilty to one count of conspiracy to traffic in counterfeit trademark goods. During his plea hearing, prosecutors told the judge that Shalabi sold counterfeit goods at a retail store called Joe Black, Inc., at 3201 State Avenue in Kansas City, Kan.

Agents of the FBI made undercover purchases at the store including a counterfeit trademark pair of Nike Air Force 1 shoes on Feb. 22, 2011, and a counterfeit trademark Polo Ralph Lauren knit shirt on June 9, 2011. On June 30, 2011, Shalabi sold a counterfeit trademark NBA Chicago Bulls hat.

On June 28, 2011, agents served a search warrant at the store and seized approximately 588 counterfeit items with trademarks including Polo Ralph Lauren, Nike, Major League Baseball, Nervous Tattoo (Ed Hardy and Christian Audigier), Luxirie, Rocawear and Coogi.

Investigators learned that counterfeit goods made up approximately 20 percent of the store=s weekly sales of $4,000 to $6,000.

Grissom commended the FBI, ICE-HSI, and the Kansas City, Kan., Police Department for their work on the case.

TOPEKA, KAN. - A Kansas City, Kan., woman has been indicted on charges of producing and selling counterfeit identity documents, U.S. Attorney Barry Grissom said today.

Lluvia Fernanda Salinas-Rodriguez, 29, Kansas City, Kan., is charged with one count of trafficking in a means of identification and one count of fraudulent use of an identification document. The crimes are alleged to have occurred prior to Oct. 28, 2013, in Wyandotte County, Kan.

Salinas-Rodriguez initially was charged in a criminal complaint filed Nov. 4 in U.S. District Court in Kansas City, Kan. An investigator’s affidavit filed in support of the complaint alleges she produced counterfeit identity documents including Resident Alien cards, Social Security cards and Mexican and U.S. driver’s licenses over a period of approximately three years. The affidavit alleges she used a computer and printer to scan photos and manipulate them onto a template to produce counterfeit identity documents. She charged $80 to $100 for a set of documents, which included a counterfeit Social Security card and a counterfeit Resident Alien card. According to the affidavit, she sold two sets of identity documents a week for roughly three years.

If convicted, she faces a maximum penalty of 15 years in federal prison and a fine up to $250,000 on the trafficking charge, and a maximum penalty of 10 years and a fine up to $250,000 on the other charge. Immigration and Customs Enforcement investigated. Assistant U.S. Attorney Chris Oakley is prosecuting.

OTHER INDICTMENTS

Rodney Heinen, 37, Dawson, Neb., is charged with two counts of violating the Clean Water Act. One count is alleged to have occurred starting in January 2012 and the other count is alleged to have occurred starting in April 2013 in Jackson County, Kan.

In the first count, Heinen is alleged to have introduced earthen fill and wood debris into a stream flowing through 160 acres of agricultural property he owned. The indictment alleges the stream was covered by the Clean water Act and subject to the supervision of the U.S. Army Corps of Engineers, the Natural Resources Conversation Service and the Environmental Protection Agency. The second count alleges that in April 2013 the defendant purchased more than 72 acres of agricultural land in Jackson County. The U.S. Army Corps of Engineers later found dredge and fill material placed in two streams on the property.

If convicted, he faces a maximum penalty of three years in federal prison and a fine up to $50,000 per day of violation. The Environmental Protection Agency investigated. Assistant U.S. Attorney Rich Hathaway is prosecuting.

Joel Christian-Ashton Tindall, 25, who is being held in the Shawnee County Jail, is charged with one count of unlawful possession of a firearm after a felony conviction. The crime is alleged to have occurred Oct. 9, 2013, in Shawnee County, Kan.

If convicted, he faces a maximum penalty of 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 Randy Hendershot is prosecuting.

In all cases, defendants are presumed innocent until and unless proven guilty. The indictments merely contain allegations of criminal conduct.

TOPEKA, KAN. Two Topeka men have been sentenced to federal custody in unrelated federal firearms cases, U.S. Attorney Barry Grissom said today.

Tyrone J. Lewis, Sr., 33, was sentenced to 30 months. Matthew L. Hoag, 22, Topeka, was sentenced to six months in a halfway house.

Lewis pleaded guilty on one count of unlawful possession of ammunition after a felony conviction. In his plea, he admitted that on Jan. 19, 2013, he called the Topeka Police Department to report that people were chasing him in a vehicle. When officers arrived in the 1600 block of SW Topeka they found Lewis in the intersection jumping back and forth as if he were avoiding multiple football tackles. Believing him to be under the influence of a narcotic, they placed him under arrest. They found four .45 caliber bullets in a plastic bag in his possession. At the time, he was prohibited from possessing ammunition because of prior felony convictions in Shawnee County District Court for aggravated robbery and attempted criminal possession of a firearm.

Hoag pleaded guilty to one count of unlawful possession of a firearm after a felony conviction. In his plea, he admitted that officers of the Topeka Police Department encountered him on March 21, 2013, after being called to a report of shots fired. Hoag was riding in the back seat of a car officers stopped in the 1100 block of SW Lincoln. They found him in possession of a .380 caliber handgun. At the time, Hoag was prohibited from possessing a firearm because he had been convicted in June 2010 in Jackson County District Court on a charge of possession of methamphetamine.

Grissom commended the Topeka Police Department, the Bureau of Alcohol, Tobacco, Firearms and Explosives and Assistant U.S. Attorney Richard Hathaway for their work on the cases.