District of Kansas
Press releases recorded for this federal judicial district.
Former Concordia Man SentencedIn Cloud County Bank RobberyRead the Press Release
TOPEKA, KAN. – A man who was armed with a shotgun when he robbed a bank in Cloud County, Kan., has been sentenced to federal prison, U.S. Attorney Barry Grissom said today.
Eric Lee Strait, 24, formerly of Concordia, Kan., was sentenced to 28 months in federal prison. He pleaded guilty to one count of bank robbery. Strait was indicted in June 2012. The indictment alleged that on Nov. 14, 2008, he carried a shotgun when he robbed the Jamestown State Bank at 422 Walnut Street in Jamestown, Kan.
In May 2013, Ryan Michael Steinert, 24, Concordia,, Kan., was indicted on charges of conspiring with Strait to rob the bank. The indictment of Steinert alleged the two men worked together to plan the robbery. Strait was to do the robbery alone. Steinert agreed with Strait to steal a car to use in the robbery and to destroy the car after the robbery. On Nov. 13, 2008, Strait stole a 2002 Chevrolet Malibu in Clyde, Kan., to use in the robbery. Steinert helped prepare the car for the robbery. The two would later split the proceeds of the robbery.
In July 2013, Steinert pleaded guilty to one count of conspiracy to commit bank robbery. He is set for sentencing Oct. 9.
Grissom commended the FBI, the Kansas Bureau of Investigation, the Cloud County Sheriff’s Office and Assistant U.S. Attorney Jared Maag for their work on the case.U.S. Attorney Barry Grissom Announces Hiring GrantsFor Law Enforcement and School Safety OfficersRead the Press Release
KANSAS CITY, KAN. – U.S. Attorney Barry Grissom, in conjunction with the U.S. Department of Justice Office of Community Oriented Policing Services (COPS), today announced funding awards for the District of Kansas.
The grantees and amount awarded include:
Cherokee County Sheriff’s Department: $105,631
Leavenworth Police Department: $125,000
Lenexa Police Department: $125,000
Ottawa Police Department: $125,000
City of Tonganoxie: $115,870
City of Valley Center: $95,011.“In the wake of past tragedies, it's clear that we need to be willing to take all possible steps to ensure that our kids are safe when they go to school,” said Attorney General Eric Holder. “These critical investments represent the Justice Department's latest effort to strengthen key law enforcement capabilities, and to provide communities with the resources they need to protect our young people. Especially in a time of increased challenges and limited budgets, our top priority must always be the safety and well-being of our children.”
Overall the COPS Office funded awards to 263 cities and counties, aimed at creating 937 law enforcement positions. More than $125 million will be awarded nationally, including nearly $45 million to fund 356 new school resource officer positions.
“Keeping our children safe when they go to school is of critical importance and I am pleased to join the Attorney General and the COPS Office in announcing these grants which will help provide our communities with the resources needed to accomplish this vital mission,” said U.S. Attorney Barry Grissom.“The COPS Office is pleased to assist local law enforcement agencies throughout the country address their most critical public safety issues,” said Joshua Ederheimer, Acting Director of the COPS Office. “Funding from this year’s program will allow many cities and counties to apply new sworn personnel to issues related to violent crime, property crime, and school safety.”
The COPS Hiring Program offers grants to state, local and tribal law enforcement agencies to hire or rehire community policing officers. The program provides the salary and benefits for officer and deputy hires for three years.
Grantees for the 2013 hiring program were selected based on their fiscal needs, local crime rates, and their community policing plans. There was an additional focus this year on agencies requesting assistance in developing school safety programs that would include the hiring of a school resource officer. School resource officer positions funded by the COPS Office are sworn law enforcement positions that work within a school district or facility, interacting directly with school administrators and students.
The COPS Office is a federal agency responsible for advancing community policing nationwide. Since 1995, COPS has awarded over $14 billion to advance community policing, including grants awarded to more than 13,000 state, local, and tribal law enforcement agencies to fund the hiring and redeployment of approximately 125,000 officers and provide a variety of knowledge resource products including publications, training, and technical assistance.
For the entire list of grantees and additional information about the 2013 COPS Hiring Program, visit the COPS website at www.cops.usdoj.gov.
Indictment: Restaurant Manager in Ottawa, Kan. Harbored Undocumented WorkersRead the Press Release
KANSAS CITY, KAN. - The manager of a restaurant in Ottawa, Kan., has been charged with harboring undocumented workers, U.S. Attorney Barry Grissom said today.
Alex Sanchez, Jr., 33, manager of El Mezcal Mexican Restaurant in Ottawa, Kan., is charged with four counts of harboring undocumented aliens for financial gain and five counts of encouraging undocumented aliens to reside in the United States for financial gain. The crimes are alleged to have occurred at various times from Sept. 7, 2011, to June 14, 2013, in Franklin County, Kan.
The indictment alleges the investigation began in June 2011 when the Department of Homeland Security received information that El Mezcal was not completing I-9 Employment Eligibility Verification forms as required. A DHS agent reviewed the restaurant’s reports and discovered the restaurant did not have I-9 forms for 14 employees. On Nov. 29, 2011, DHS served a final order on Sanchez requiring him to cease violations and pay a fine.
Sanchez continued to employee persons who were not lawfully in the United States. He provided housing for undocumented employees of the El Mezcal Restaurant in Ottawa and other restaurants affiliated with Tequila, Inc. He paid undocumented workers in cash.
If convicted, he faces a maximum penalty of 10 years in federal prison and a fine up to $250,000 on each count. Immigration and Customs Enforcement investigated. Assistant U.S. Attorney Chris Oakley is prosecuting.
In all cases, defendants are presumed innocent until and unless proven guilty. The indictments merely contain allegations of criminal conduct.
Kansas City Man Charged in Robbery, Shooting at Leawood McDonald'sRead the Press Release
KANSAS CITY, KAN. - A Kansas City, Mo., man has been indicted on federal charges in connection with a robbery in Leawood in which a restaurant manager was shot, U.S. Attorney Barry Grissom said today.
Nicholas Martell McGinnie, 26, Kansas City, Mo., is charged with one count of armed robbery, one count of discharging a firearm during the robbery and one count of unlawful possession of a firearm after a felony conviction.
The indictment alleges that on Dec. 1, 2012, he robbed the McDonald’s restaurant at 4600 W. 119th Street in Leawood, Kan. During the robbery, a store manager was shot.
If convicted, McGinnie faces a maximum penalty of 20 years in federal prison and a fine up to $250,000 on the robbery charge; a penalty of not less than 25 years and a fine up to $250,000 on the charge of discharging a firearm during the robbery and a maximum penalty of 10 years and a fine up to $250,000 on the charge of unlawful possession of a firearm after a felony conviction. The Bureau of Alcohol, Tobacco, Firearms and Explosives investigated. Assistant U.S. Attorney Mike Warner is prosecuting.OTHER INDICTMENTS
Rafael Penaloza, 38, Kansas City, Kan., is charged with one count of conspiracy to distribute methamphetamine and 13 counts of distributing methamphetamine. The crimes are alleged to have occurred at various times from June 21, 2011, to March 20, 2012, 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 on the conspiracy count; not less than five years and not more than 40 years and a fine up to $5 million on two of the distribution counts; and not less than 10 years and a fine up to $10 million on each of the other distribution counts.The FBI investigated. Assistant U.S. Attorney David Zabel is prosecuting.
Carrie Anne Neel, 36, Newton, Kan., and Karen A. Parks, 50, Newton, Kan., are charged with four counts of distributing methamphetamine and one count of maintaining a residence at 801 E. 4th in Newton in furtherance of drug trafficking. The crimes are alleged to have occurred in February and March 2013 in Harvey County, Kan.
If convicted, he faces a maximum penalty of 20 years and a fine up to $1 million on each of the distribution counts and a maximum penalty of 20 years and a fine up to $500,000 on the charge of maintaining a residence in furtherance of drug trafficking. The Newton Police Department investigated. Assistant U.S. Attorney Matt Treaster is prosecuting.
Jason Giesy, 29, and Jeremy Harris, 31, are charged with one count of conspiracy to distribute more than 1,000 kilograms of marijuana. In addition, they are charged with one count of tampering with a witness. The crimes are alleged to have occurred in September 2013 in Sedgwick County, Kan.
If convicted, they face a penalty of not less than 10 years on the marijuana charge. The Drug Enforcement Administration, the Wichita Police Department, the Sedgwick County Sheriff’s Office and the Butler County Sheriff’s Office investigated. Assistant U.S. Attorney Debra Barnett is prosecuting.
John Michael Devosha, 23, is charged with two counts of unlawful possession of a firearm after a felony conviction. The crimes are alleged to have occurred Dec. 11, 2012, and May 18, 2013, in Kansas City, 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. Special Assistant U.S. Attorney Erin Tomasic is prosecuting.
Adan Rodriguez-Torres, 39, a citizen of Mexico, is charged with unlawfully re-entering the United States after being convicted of an aggravated felony and deported. He was found Sept. 16, 2013, in Sedgwick County, Kan.
If convicted, he faces a maximum penalty of 20 years in federal prison without parole and a fine up to $250,000. Immigration and Custom Enforcement’s Enforcement and Removal Operations and the Wichita Police Department investigated. Assistant U.S. Attorney Brent Anderson is prosecuting.
Hilda Jaimes-Nieto, 46, a citizen of Mexico, is charged with one count of making false statements to an agent of the Department of Homeland Security.
If convicted, she faces a maximum penalty of five years in federal prison without parole and a fine up to $250,000. Immigration and Custom Enforcement’s Enforcement and Removal Operations and the Wichita Police Department 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 Man Charged with RobberyAt Kaw Valley BankRead the Press Release
TOPEKA, KAN. - A Topeka man who was arrested in Omaha has been charged with bank robbery, U.S. Attorney Barry Grissom said today.
A criminal complaint was unsealed today charging Cade Michael Sharples, 36, Topeka, Kan., with one count of bank robbery. The complaint alleges that on Sept. 17 Sharples robbed the Kaw Valley Bank at 3000 SE Croco Road. According to an investigator’s affidavit, a white male entered the bank about 2:45 p.m. and gave a teller a piece of paper saying he was there to rob the bank and he had a gun. The robber told the clerk several times that he had a gun and ordered her to hurry up and “stop messing around.” The man left the bank with money in a black bag.
After investigators made public surveillance photos of the robber wearing a gray hoodie, a blue shirt and a blue University of Kansas baseball hat, they received tips that led them to Sharples.
If convicted, he faces a maximum penalty of 20 years in federal prison and a fine up to $250,000. The Topeka Police Department and the FBI investigated. Assistant U.S. Attorney Jared Maag is prosecuting.In all cases, defendants are presumed innocent until and unless proven guilty. The indictments merely contain allegations of criminal conduct.
Hays Woman Pleads GuiltyTo Social Security, Medicaid FraudRead the Press Release
TOPEKA, KAN. - A woman from Hays, Kan., has pleaded guilty to stealing more than $104,000 in government funds from Social Security and Medicaid, U.S. Attorney Barry Grissom said today.
Earlyne C. Weigel, 57, Hays, Kan., pleaded guilty to one count of theft of government money.
In her plea, she admitted that in March 2003 she began receiving benefits from Social Security. Her benefits were adjusted to take into account her household income, including income from her husband. In 2005, she went to the Social Security field office in Hays, Kan., and falsely reported that she no longer lived with her husband. As a result, from 2004 to 2010 she received more than $43,473 in Supplemental Security Income benefits to which she was not entitled. In November 2008, investigators interviewed her husband, who told them that he and his wife had never lived apart while married.
Weigel also applied for and received Medicaid coverage beginning in 2004. Her Medicaid coverage was contingent on her eligibility for Supplemental Security Income benefits. From 2004 to 2010 she fraudulently received more than $60,919 in Medicaid benefits.
Sentencing is set for Dec. 9. She faces a maximum penalty of 10 years in federal prison and a fine up to $250,000. Grissom commended the Social Security Administration, Office of Inspector General, Health and Human Services, Office of the Inspector General, the Medicaid and Fraud Abuse Division of the Kansas Attorney General’s Office and Special Assistant U.S. Attorney Trey Alford for their work on the case.Topeka Man Sentenced for Armed RobberyRead the Press Release
TOPEKA, KAN. - A Topeka man has been sentenced to seven years in federal prison for taking part in an armed robbery at a Little Caesars Pizza restaurant, U.S. Attorney Barry Grissom said today.
David Pierre Wigfall, 28, Topeka, Kan., pleaded guilty to aiding and abetting a robbery in which the robber brandished a firearm. In his plea, Wifgall admitted that on March 1, 2013, he drove a white Cadillac occupied by co-defendants Alonzo Nathan Lax, Johnnie Lee McCall and Jordan Lucas. At McCall’s direction, Lax agreed to rob Little Caesars Pizza at 2620 SW 6th Street, Suite B, in Topeka. Wearing a blue hooded sweatshirt, gloves and a black ski mask, Lax entered the restaurant, brandished a firearm and demanded money. A clerk saw him leave the restaurant and get into the passenger side of the Cadillac.
A few minutes later, officers of the Topeka Police Department found the Cadillac parked at a residence in the 1000 block of SW Plass and determined that it was registered to Wigfall. They kept watch on the car until he got in and drove away. When they stopped him they recovered a mask and coins from the robbery.
Co-defendants include:
Johnnie Lee McCall, who is set for sentencing Oct. 7.
Jordan Christopher Lucas, who is set for sentencing Oct. 28.
Alonzo Lax, who is set for sentencing Oct. 7.
Grissom commended the Topeka Police Department, the FBI and Assistant U.S. Attorney Jared Maag for their work on the case.Pittsburg, Kan., Man Gets 13+ Years for Distributing MethamphetamineRead the Press Release
WICHITA, KAN. - A man from Pittsburg, Kan., has been sentenced to 157 months in federal prison for distributing methamphetamine, U.S. Attorney Barry Grissom said today.
Mac William Watkins, 36, Pittsburg, Kan., pleaded guilty to one count of conspiracy to distribute methamphetamine. In his plea, Watkins admitted that in May 2012 he conspired with co-defendants Tammy Baetke and Derek Edwards to distribute methamphetamine in Pittsburg.
On May 12, 2012, at 803 North Rouse in Pittsburg Watkins provided 35 grams of methamphetamine to Edwards. Edwards took the drugs on consignment and agreed to pay Watkins back from the proceeds of the sales. On May 14, he paid Watkins $450 on a prior $1,200 drug debt and Edwards was found to be in possession of 5 grams of methamphetamine. From April 2012 to May 15, 2012, Watkins provided four ounces of methamphetamine for Edwards to distribute.
On May 18, 2012, Watkins and co-defendant Tammy Baetke were stopped when returning from a trip to Oklahoma City where they had bought methamphetamine. They had more than 149 grams of methamphetamine in their possession.
Edwards was sentenced to 105 months in federal prison. Baetke was sentenced to 60 months in federal prison.
Grissom commended the Pittsburg Police Department, the Kansas Bureau of Investigation Southeast Kansas Drug Enforcement Task Force, the Crawford County Sheriff's Department, Assistant Kansas Attorney General Steven Wilhoft and Assistant U.S. Attorney Jason Hart for their work on the case.Indictment: Wabaunsee County Woman Embezzled from Bio-Security Research InstituteRead the Press Release
TOPEKA, KAN. - A Wabaunsee County woman has been indicted on charges of embezzling from the Bio-Security Research Institute at Kansas State University, U.S. Attorney Barry Grissom said today.
Linda Kay Miller, 51, Alma, Kan., was charged in an indictment unsealed Sept. 20 with three counts of interstate transportation of fraudulently altered securities. The indictment alleges that the crimes took place while Miller worked as an office manager for the institute from August 2007 to January 2013. The institute receives grant money from the federal government to provide infectious disease research programs that address threats to plant, animal and human health.
Miller had access to checks that were sent to the institute by outside agencies and organizations. She used her position to embezzle funds by diverting checks sent to the institute. She altered the checks to make herself either a payee or co-payee and deposited the proceeds into one of her personal bank accounts. The proceeds moved in interstate commerce as part of the fed-wire process to clear and negotiate the checks. The indictment identifies three specific checks Miller is alleged to have diverted: A check for $5,000 from the FSU Research Foundation in Tallahassee, Fla.; a check for $6,108.58 from the Frontline Healthcare Workers Safety Foundation in Atlanta, Ga.; and a check for $955 from J.M. Oconnor Inc., in Lenexa, Kan.
The government is seeking a money judgment of $16,523.58 against Miller.
If convicted, Miller faces a maximum penalty of 10 years and a fine up to $250,000 on each count. Investigating agencies include the FBI, the Kansas State University Police Department and the Wabaunsee County Sheriff’s Office. Assistant U.S. Attorney Richard Hathaway is prosecuting.
In all cases, defendants are presumed innocent until and unless proven guilty. The indictments merely contain allegations of criminal conduct.Rice County Woman Sentenced for Cattle FraudRead the Press Release
WICHITA, KAN. B A Rice County woman has been sentenced to two years federal probation in connection with a cattle fraud scheme, U.S. Attorney Barry Grissom said today. In addition, she was ordered to pay $80,487 in restitution.
Carrie L. Frederick, 37, Sterling, Kan., pleaded guilty to three counts of wire fraud. In her plea, she admitted she embezzled money while she worked for Sellers Farms, Inc., a livestock feeding operation in Lyons, Kan. She caused money to be sent from Sellers Farms’ accounts to Golden Belt Feeders, Inc., of St. John, Kan., to pay debts she owed from trading cattle when she worked for Golden Belt. Three transactions involved a total of more than $211,000 in embezzled funds.
Grissom commended the FBI and Assistant U.S. Attorney Lanny Welch for their work on the case.Five Men Charged with Robberies at Businesses in TopekaRead the Press Release
TOPEKA, KAN. - Federal charges are filed against five men accused of robberies at Topeka businesses, U.S. Attorney Barry Grissom said today.
A federal indictment unsealed today in U.S. District Court in Topeka charges the men in connection with three armed robberies at local businesses including:- Check Into Cash, 3711 S.W. Plaza Drive in Topeka, July 25, 2013.
- EZ Payday Advance, 2613 S.W. 21st in Topeka, July 29, 2013.
- Family Dollar, 2616 S.E. 6th in Topeka, Aug. 3, 2013.
Defendants named in the indictment are:
- Quartez Norwood, 31, Topeka, Kan., three counts of robbery and three counts of brandishing a firearm in connection with all three robberies.
- Henry Levelle Davis, 40, Topeka, Kan., two counts of robbery and two counts of brandishing a firearm in connection with the robberies at Check Into Cash and EZ Payday Advance.
- Robert Wayne Redmond, 41, Topeka, Kan., two counts of robbery and two counts of brandishing a firearm in connection with the robberies at Check Into Cash and EZ Payday Advance.
- Henry Earl Sirvira, 45, Topeka, Kan., two counts of robbery and two counts of brandishing a firearm in connection with robberies at EZ Payday Advance and Family Dollar.
- Xavier Leron Sims, 26, Topeka, Kan., one count of robbery and one count of brandishing a firearm in connection with the robbery at Family Dollar.
Topeka police and the FBI arrested Davis, Redmond and Sims on Thursday. Norwood and Sirvira are in custody in California and Utah respectively on unrelated charges.
If convicted, they face a maximum penalty of 20 years in federal prison and a fine up to $250,000 on each robbery count, and a penalty of not less than seven years and a fine up to $250,000 on each firearm charge. The Topeka Police Department and the FBI investigated. Assistant U.S. Attorney Jared Maag is prosecuting.In all cases, defendants are presumed innocent until and unless proven guilty. The indictments merely contain allegations of criminal conduct.
Justice Department Announces GrantsTo Kansas Indian TribesRead the Press Release
TOPEKA, KAN. - The U.S. Department of Justice has awarded public safety grants totaling almost $1 million to two Kansas Indian tribes, U.S. Attorney Barry Grissom said today.
The Prairie Band Potawatomi Nation has been granted $777,096. Another Kansas tribe, the Sac And Fox Nation of Missouri, has been granted $222,799.
“We’re increasing our efforts to support tribal communities and to build and sustain tribal justice systems,” Grissom said.
Grissom is attending a meeting of Attorney General Eric Holder’s Native American Issues Subcommittee in Celilo Village, Ore., where the grants were announced. The Justice Department awarded 192 grants to 110 American Indian tribes, Alaska Native villages, tribal consortia and tribal designated non-profits. The grants will provide more than $90 million to enhance law enforcement practices and sustain crime prevention efforts.
The grant to the Prairie Band Potawatomi from the Justice Department’s Office On Violence Against Women is targeted to help decrease the incidence of violent crime against Indian women and to ensure that perpetrators of violent crimes committed against Indian women are held accountable.
“Violence against native women continues at alarming rates and children in Indian country encounter violence far too often,” Grissom said.
The grant to the Sac And Fox Nation comes from the Alcohol and Substance Abuse Program overseen by the Office of Justice Programs. Tribes were encouraged to apply for funds to enhance tribal justice systems and support alcohol and substance abuse programs.Topeka Man Indicted on Gun, Drug ChargesRead the Press Release
TOPEKA, KAN. - A Topeka man with a record of felony convictions has been indicted on federal gun and drug charges, U.S. Attorney Barry Grissom said today.
Dustin C. Lynch, 30, Topeka, Kan., is charged with one count of unlawful possession of a firearm after felony convictions, one count of unlawful possession of a firearm in furtherance of drug trafficking and one count of possession with intent to distribute methamphetamine. The crimes are alleged to have occurred Aug. 15, 2013, in Shawnee County, Kan.
The indictment alleges Lynch possessed a 9 mm pistol while he was prohibited under federal law from possessing a firearm because of prior felony convictions. The indictment cites prior felony convictions in 2008, 2009 and 2010 on charges including burglary, aggravated burglary and possession of methamphetamine.
If convicted, he faces a penalty of not less than 15 years in federal prison on the charge of unlawful possession of a firearm after a felony conviction; not less than five years on the charge of possession of a firearm in furtherance of drug trafficking; and a maximum penalty of 30 years and a fine up to $2 million on the drug charge. The Bureau of Alcohol, Tobacco, Firearms and Explosives investigated. Assistant U.S. Attorney Anthony Mattivi is prosecuting.
OTHER INDICTMENTS
Kenneth Leslie Lauter, Jr., 68, Kansas City, Kan., is charged with one count of receiving child pornography and one count of possessing child pornography. The crimes are alleged to have occurred Nov. 1, 2011, in Wyandotte County, Kan.
If convicted, he faces a penalty of not less than five years and not more than 20 years in federal prison and a fine up to $250,000 on the charge of receiving child pornography, and a maximum penalty of 10 years and a fine up to $250,000 on the possession charge. The U.S. Postal Inspection Service investigated. Assistant U.S. Attorney Christine Kenney is prosecuting.
Corey D. Cooley, 29, Junction City, Kan., is charged with failing to register as required by the federal Sex Offender Registration and Notification Act. The indictment alleges he was convicted in the state of Washington on a charge of first degree child molestation. The federal crime is alleged to have occurred from May 13 to Aug. 12, 2013, in Riley County, Kan.
If convicted, he faces a maximum penalty of 10 years and a fine up to $250,000. The U.S. Marshals Service investigated. Assistant U.S. Attorney Christine Kenney is prosecuting.
Ian Dominique Hudson, 25, is charged with unlawful possession of a firearm after a felony conviction. The crime is alleged to have occurred Sept. 26, 2012.
The indictment alleges he was convicted in Shawnee County District Court in 2006 on a felony charge of aggravated robbery.
If convicted, he faces a maximum penalty of 10 years and a fine up to $250,000. The FBI investigated. Assistant U.S. Attorney Jared Maag is prosecuting.
In all cases, defendants are presumed innocent until and unless proven guilty. The indictments merely contain allegations of criminal conduct.Hospital Settles Federal AllegationsOf Medicare False ClaimsRead the Press Release
WICHITA, KAN.- Hutchinson Regional Medical Center, Inc., (formerly known as Promise Regional Medical Center – Hutchinson, Inc.) has agreed to pay $853,651 to the United States to settle allegations that the hospital submitted false claims to the Medicare program, U.S. Attorney Barry Grissom announced today. This payment is in addition to amounts the hospital previously refunded to the Medicare program for the claimed services. The payments to the United States total over $1.7 million.
The hospital also entered into a corporate integrity agreement with the United States Department of Health and Human Services, Office of Inspector General.
The settlement resolves allegations by the United States concerning the hospital’s claims to Medicare for hyperbaric oxygen wound therapy services. The procedure involves placing a patient’s entire body in a chamber of oxygen under increased atmospheric pressure. The United States contended that from March 23, 2007, through January 31, 2011, the hospital submitted claims to Medicare for hyperbaric oxygen wound therapy services that were not medically necessary or that lacked adequate documentation of medical necessity. The government also alleged that the claims resulted from kickback arrangements between the hospital, at least one of its physicians, and the company that supplied the chambers.
The hospital denied the allegations and, according to the terms of the agreement, the hospital does not admit any wrongdoing.
“Today’s settlement demonstrates our continuing commitment to protect the integrity of the Medicare program,” Grissom said. “ It is the latest example of how the Office of Inspector General for HHS and this office work hard together to assure appropriate care to beneficiaries and recover improperly paid funds.”
Grissom commended the Department of Health and Human Services, Inspector General, and Assistant U.S. Attorney Jon Fleenor for their work on the case.
Wichita Tax Preparer Sentenced for Filing False Tax ReturnsRead the Press Release
WICHITA, KAN. - A Wichita tax preparer has been sentenced to 36 months on federal probation for filing false tax returns, U.S. Attorney Barry Grissom said today.
Lata L. Tomlinson, 34, Wichita, Kan., was convicted in a jury trial in April on 19 counts of preparing false income tax returns for a total of 17 people during tax years 2007, 2008 and 2009.
During trial, prosecutors presented evidence that Tomlinson had a college degree in accounting and worked for various tax preparation companies before starting her own business in 2006 called Talking Taxes And More.
In tax returns she prepared, she falsely stated deductions for depreciation, home improvements, business repairs, contract labor, legal fees, home repairs, medical expenses, advertising, insurance, car and truck expenses, hay and grain expenses, cell phones and care of dependents.
Grissom commended IRS – Criminal Investigation, Assistant U.S. Attorney Matt Treaster and Assistant U.S. Attorney Jason Hart for their work on the case.Missouri Tax Preparer Pleads Guilty to Federal Tax Fraud ChargesRead the Press Release
KANSAS CITY, KAN. - A Missouri tax preparer has pleaded guilty to preparing false income tax returns resulting in a total tax loss of more than $316,000, U.S. Attorney Barry Grissom said today.
Cynthia M. Raymond, Jackson, Mo., pleaded guilty to five counts of filing false tax returns and one count of aggravated identity theft. In her plea, she admitted submitting approximately 98 false tax returns under the names of 36 clients for the tax years 2007 through 2010. Her clients were not aware that she prepared returns including false deductions for business losses, charitable contributions, unreimbursed business expenses, medical expenses and false tax credits including education and residential energy credits.
She filed the returns electronically and provided her clients with different tax returns than she filed with the IRS. She routinely directed the Internal Revenue Service to deposit part of the refund to her clients’ accounts and to deposit the rest of the refund into her personal account.
Sentencing is set for Dec. 17. She faces a maximum penalty of 3 years in federal prison and a fine up to $100,000 on each count of filing a false tax return, and a maximum penalty of five years and fine up to $250,000 on the identity theft count. Grissom commended IRS-Criminal Investigation and Assistant U.S. Attorney Chris Oakley for their work on the case.Topeka Man Pleads Guilty to Bank Fraud in Junction City Apartment DealRead the Press Release
TOPEKA, KAN. - A Topeka man has pleaded guilty to federal bank fraud charges in connection with a plan to build an apartment complex in Junction City, U.S. Attorney Barry Grissom said today.
John Wyatt Duncan, Jr., 52, Topeka, Kan., pleaded guilty to two counts of bank fraud, one count of money laundering and one count of making false statements in documents required by the Employee Retirement Income Security Act (ERISA).
In court documents, Duncan was alleged to have obtained a $15.2 million construction loan for the purpose of constructing Quinton Pointe Apartments in Junction City. He was required to provide $1,225,000 in collateral. He signed a letter to the lender, University National Bank of Lawrence, Kan., falsely stating that lumber for the construction of the apartment complex, representing collateral for the loan, was prepaid in full and being held by Schmidt Builders, a company for which he was chief executive officer. He instructed employees of Schmidt Builders to create a false invoice in an amount of more than $1.3 million to a company he owned called Blue Jay Properties LLC in order to create the false appearance that Blue Jay Properties had prepaid Schmidt Builders for the lumber.
In another count, Schmidt Builders acquired a $12 million line of credit loan from Kaw Valley National Bank of Topeka and agreed to provide the bank with monthly financial reports. Duncan submitted reports to the bank containing false information about the age of certain accounts receivable and the amount of inventory on hand.
Sentencing is set for Dec. 16. He faces a maximum penalty of 30 years and a fine up to $1 million on each of the bank fraud counts, a maximum penalty of 10 years and a fine up to $250,000 on the money laundering and a maximum penalty of five years and a fine up to $250,000 on the count of making false statements. Grissom commended the Internal Revenue Service, Criminal Investigations Division; the Federal Deposit Insurance Corporation, Office of Inspector General; the Federal Reserve Board, Office of Inspector General; the U.S. Department of Labor and Assistant U.S. Attorney Duston Slinkard for their work on the case.Olathe Man Pleads Guilty to Methamphetamine TraffickingRead the Press Release
KANSAS CITY, KAN. - An Olathe man who trafficked in Mexican methamphetamine in the Kansas City, Kan., area faces a potential sentence of 18 years in federal prison, U.S. Attorney Barry Grissom said today.
Lorenzo Sepulveda, 34, Olathe, Kan., pleaded guilty to one count of conspiracy to distribute methamphetamine. In the plea agreement, both parties agreed to recommend a sentence of 18 years in federal prison.
In his plea, Sepulveda admitted he was identified during an investigation initiated by the Bureau of Alcohol, Tobacco, Firearms and Explosives into a methamphetamine distribution ring based in Kansas City, Kan. From May through October 2009 Sepulveda was involved in several transactions in which undercover agents bought methamphetamine from members of the conspiracy. In July 2009, for instance, undercover agents met conspirators in a parking lot of a McDonald’s restaurant and bought $6,750 worth of methamphetamine. Sepulveda told them the methamphetamine had come directly from Mexico.
Sentencing is set for Dec. 16. In addition to agreeing to a recommended 216-month sentence, Sepulveda consented to a money judgment against him of $125,000.
Grissom commended the Drug Enforcement Administration and Special Assistant U.S. Attorney Trent Krug for their work on the case.Two Men Indicted in Robbery at Red Robin Restaurant in TopekaRead the Press Release
TOPEKA, KAN. - Two men have been indicted on federal charges in connection with a robbery at a Red Robin restaurant in Topeka, U.S. Attorney Barry Grissom and Shawnee County District Attorney Chad Taylor announced today.
Derick Renee Crawford, 23, and Travis Jeremy Coffman, 35, both who are in federal custody, are charged with one count of robbery, one count of brandishing a firearm in the robbery, and one count each of unlawful possession of a firearm after a felony conviction.
The indictment alleges that on Aug. 18, 2013, Crawford and Coffman robbed the Red Robin Restaurant at 6230 S.W. Sixth Street in Topeka. According to court documents, Crawford and Coffman are alleged to have held the employees of the restaurant at gunpoint and threatened to kill them.
Grissom said that federal prosecutors are working with the Shawnee County District Attorney, the Topeka Police Department and the FBI on the case as part of a coordinated fight against violent crime.
“By working together, we are sending a message,” Grissom said. “Topeka is not intimidated. We will not be held at gunpoint. We will not live in fear. Armed criminals will be caught. They will be prosecuted. And if they are convicted they will go to prison.”
If convicted, the defendants face a maximum penalty of 20 years in federal prison and a fine up to $250,000 on the robbery count; a penalty of not less than seven years – consecutive to the sentence on the robbery count – and a fine up to $250,000 on the charge of brandishing a firearm; and a maximum penalty of 10 years each on the charge of unlawful possession of a firearm by a convicted felon.
The Topeka Police Department and the FBI investigated. Assistant U.S. Attorney Jared Maag is prosecuting.Wisconsin Man Pleads Guilty to Anonymous Attack on Koch IndustriesRead the Press Release
WICHITA, KAN. - A Wisconsin man has pleaded guilty to taking part in a cyber-attack on Koch Industries in Wichita sponsored by a group known as Anonymous, U.S. Attorney Barry Grissom said today.
Eric J. Rosol, 37, 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 the 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. The parties agree that the cost attributed to the defendant’s attack is less than $5,000.
Sentencing is set for Dec. 2. He faces a maximum penalty of one year in federal prison, a fine of up to $100,000 and restitution in an amount to be determined by the judge. Grissom commended the FBI and Assistant U.S. Attorney Alan Metzger for their work on the case.Wichita Store Owner Charged with Distributing Synthetic MarijuanaRead the Press Release
WICHITA, KAN. - The owner of a head shop in Wichita has been indicted on federal charges of distributing synthetic marijuana, U.S. Attorney Barry Grissom said today.
Brett Welch, 55, Hutchinson, Kan., owner of Mystic Planet at 2610 S. Seneca in Wichita, is charged with 13 counts of distributing a synthetic version of marijuana, which is a controlled substance. In addition he is charged with two counts of unlawful possession of a firearm after a felony conviction. The indictment alleges Welch sold synthetic marijuana to undercover buyers on April 17, April 19, April 24, April 26, May 1, May 10, May 29, June 14, July 2, July 17, July 18 and Aug. 7, 2013, in Wichita, Kan.
If convicted, he faces a maximum penalty of 20 years in federal prison and a fine up to $1 million on each drug count; and a maximum penalty of 10 years and a fine up to $250,000 on each of the other two counts. The Drug Enforcement Administration investigated. Assistant U.S. Attorney Aaron Smith is prosecuting.OTHER INDICTMENTS
Jose E. Piceno, 33, Newman, Calif., and Mayra J. Piceno, 33, Newman, Calif., are charged in a superseding indictment with one count of conspiracy to commit money laundering, 44 counts of money laundering, one count of conspiracy to possess with intent to distribute methamphetamine and one count of distribution of methamphetamine. The crimes are alleged to have occurred at various times from April 25 to Oct. 31, 2011, in Sedgwick County, Kan.
If convicted, they face a maximum penalty of 20 years in federal prison and a fine up to $500,000 on each of the drug counts, and a penalty of not less than 10 years and a fine up to $4 million on each of the drug charges. The Drug Enforcement Administration investigated. Assistant U.S. Attorney Debra Barnett is prosecuting.
Marisela Ramirez, 24, and Jorge Rodriguez-Maciel, 44, are charged with one count of conspiracy to distribute methamphetamine. In addition Ramirez is charged with attempting to flush $3,880 in U.S. currency through the U.S. Marshals Service’s cellblock toilet and one count of attempting to damage property belonging to the U.S. Marshals Service. The drug conspiracy is alleged to have taken place beginning at a date unknown and continuing through June 19, 2013, in Johnson County, Kan. The other crimes are alleged to have occurred Aug. 27, 2013, in Wyandotte County.
If convicted, they face a penalty of not less than 10 years and a fine up to $4 million on the conspiracy charge. Ramirez faces a maximum penalty of six months and a fine up to $10,000 on the misdemeanor charge of flushing the currency and a maximum penalty of a year and a fine up to $200,000 on the misdemeanor charge of trying to government property. The Drug Enforcement Administration investigated. Assistant U.S. Attorney Debra Barnett is prosecuting.
Adan Gonzalez-Bello, 31, a citizen of Mexico, is charged with unlawfully re-entering the United States after being deported. He was found Aug. 28, 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. ICE’s Enforcement and Removal Operations investigated. Assistant U.S. Attorney Brent Anderson is prosecuting.
Juana Tapia-Duque, 35, a citizen of Mexico, is charged with unlawfully re-entering the United States after being deported. She was found Aug. 20, 2013, in Sedgwick County, Kan. She was found Aug. 20, 2013, in Sedgwick County, Kan.
If convicted, she faces a maximum penalty of two years in federal prison and a fine up to $250,000. ICE’s Enforcement and Removal Operations investigated. Assistant U.S. Attorney Brent Anderson is prosecuting.
Stacy L. Fisher, 40, Wichita, Kan., and Ashley C. Fisher, 30, Wichita, are charged with one count of possession with intent to distribute crack cocaine, two counts of unlawful possession of a firearm after a felony conviction; one count of unlawful possession of ammunition after a felony conviction; and one count of possession of a firearms in furtherance of drug trafficking. The crimes are alleged to have occurred Feb. 28, 2013, in Wichita, Kan.
If convicted, they face a maximum penalty of 20 years and a fine up to $1 million on the drug charge; a maximum penalty of`10 years and a fine up to $250,000 on each count of possession a firearm or ammunition after a felony conviction; and a penalty of not less than five years and a fine up to $250,000 on the count of possession of a firearm in furtherance of drug trafficking. The Sedgwick County Sheriff’s Office, the U.S. Marshals Service and the Bureau of Alcohol, Tobacco, Firearms and Explosives investigated. Assistant U.S. Attorney Lanny Welch is prosecuting.
Juan Ramon Castro-Izunza, 38, a citizen of Mexico, is charged with unlawful possession of a firearm by an alien not lawfully in the United States. The crime is alleged to have occurred Aug. 23, 2013, in Wichita, Kan.
If convicted, he faces a maximum penalty of 10 years in federal prison and a fine up to $250,000. ICE’s Homeland Security Investigations 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.Two Gang Members Sentenced in Dodge City Racketeering CaseRead the Press Release
WICHITA, KAN. - Two gang members have been sentenced to federal prison in connection with a federal racketeering case in Dodge City, U.S. Attorney Barry Grissom said today.
Joshua Flores, 25, Dodge City, Kan., was sentenced to 84 months in federal prison. He pleaded guilty to one count of brandishing a firearm in a crime of violence.
Hernan Quezada, 21, Dodge City, Kan., was sentenced to 33 months in federal prison. He pleaded guilty to one count of assault with a dangerous weapon, which was a violent crime in aid of racketeering.
In his plea, Joshua Flores admitted he was a member of the Los Carnales Chingones street gang affiliated with the Norteno street gang on June 8, 2009, when he and other gang members who were armed with firearms robbed a victim named Isidro Raleas-Velasquez and other persons.
The victims were at their home at 1005 Avenue E in Dodge City when Flores and three other men affiliated with the Nortenos broke into their residence armed with firearms. One of the Nortenos grabbed a victim, struck him in the head with a firearm and took him into another room. Flores joined the other Nortenos in going through the house looking for other residents to rob. The other Norteno beat the victim he took into the other room. During the robbery, Raelas-Velasquez was struck with a firearm in the head, causing a large laceration. After the robbery, Flores and the other Norteno gang members divided up the proceeds of the robbery.
In his plea, Hernan Quezada admitted he was a member of the Diablos Viejos (DV) street gang affiliated with the Norteno street gang when on Feb. 5, 2012, he assaulted a victim named Reyes Bocanegra. Quezada was at 1200 Avenue I in Dodge City when he got into a fight with Bocanegra’s brother, Oscar. The fight was soon joined by Reyes Bocanegra, aiding his brother, and two other DV gang members, aiding Quezada. Quezada struck Reyes Bocanegra in the head with a bottle, causing a laceration to the top of his head.
Flores and Quezada admitted that robberies, assaults and other crimes were part of the way Norteno gang members built their reputations and kept their rivals at bay.
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.Oklahoma Man Pleads GuiltyTo Robbing Cherokee County BankRead the Press Release
WICHITA, KAN. - An Oklahoma man has pleaded to robbing a bank in Cherokee County, Kan., U.S. Attorney Barry Grissom said today.
Thomas Hass, 44, Quapaw, Okla., pleaded guilty to one count of bank robbery. In his plea, he admitted that on July 22, 2013, he robbed the American Bank at 901 E. 7th Street in Galena, Kan. He entered the bank and asked a teller for a mortgage application form. Then he pulled a gun and said, “Give me all your money.” The tellers did not know that the weapon was a pellet gun that shoots rubber pellets. Hass was arrested after police released surveillance photos and received a tip leading them to him. Hass had approached a woman and told her that he recently had obtained a large amount of money and he wanted to take her to Las Vegas.Sentencing is set for Nov. 25. He faces a maximum penalty of 20 years in federal prison and a fine up to $250,000.
Grissom commended the Galena Police Department, the FBI and Assistant U.S. Attorney Alan Metzger for their work on the case.
Man Who Was Arrested After Standoff in Hutchinson Sentenced to Federal Prison on Firearm ChargeRead the Press Release
WICHITA, KAN. - A Wichita, Kan., man who was arrested in Hutchinson in January after a standoff with police has been sentenced to 10 years in federal prison, U.S. Attorney Barry Grissom said today.
Justin L. Wolke, 30, Wichita, Kan., pleaded guilty to one count of unlawful possession of a stolen firearm. In his plea, he admitted that on Jan. 9, 2013, he fled when police officers attempted to stop his car. There was a warrant for his arrest on a parole violation charge. He ran into a residence at 806 N. Monroe in Hutchison. After a standoff lasting several hours, he was arrested. Police seized a rifle from him. They determined the rifle, a Romarm/Cugir, 7.62 x 39, was reported stolen from a residence in Wichita in October 2012.
Grissom commended the Hutchinson Police Department, the Bureau of Alcohol, Tobacco, Firearms and Explosives and Assistant U.S. Attorney Lanny Welch for their work on the case.Smith County Man Pleads GuiltyTo Possessing, Distributing Child PornographyRead the Press Release
WICHITA, KAN. - A Smith County, Kan., man pleaded guilty Monday to possessing and sending child pornography, U.S. Attorney Barry Grissom said. The man’s plea came after an unsuccessful effort to suppress evidence gathered by Internet service provider AOL.
Walter E. Ackerman, 56, Lebanon, Kan., pleaded guilty to one count of distributing child pornography and one count of possessing child pornography. In his plea, he admitted using AOL email to send child pornography to another user. The child pornography was detected by AOL using an automated image detection and filtering process that scans for malware, viruses and illegal images such as child pornography. AOL sent the information to the National Center for Missing and Exploited Children (NCMEC), which in turn notified the Kansas Internet Crimes Against Children (ICAC) Task Force in the Wichita/Sedgwick County Exploited and Missing Children’s Unit (EMCU).
Ackerman’s attorney moved to suppress the email evidence on the grounds that the evidence was obtained through an illegal search and seizure with AOL and NECMEC acting as government investigators without a search warrant. U.S. District Judge Eric Melgren ruled that neither AOL nor NCMEC are state actors and the Fourth Amendment against unreasonable search and seizure does not apply to them.
Sentencing is set for Nov. 24. He faces a penalty of not less than five years and not more than 20 years and a fine up to $250,000 on the distribution count and a maximum penalty of 10 years on the other count.
Grissom commended Immigration and Customs Enforcement, the Kansas Internet Crimes Against Children Task Force, the Wichita/Sedgwick County Exploited and Missing Children’s Unit and Assistant U.S. Attorney Jason Hart for their work on the case.Valley Center Man Sentenced to 11+ Years for Bank RobberyRead the Press Release
WICHITA, KAN. -- A Valley Center man has been sentenced to federal prison for a 2012 bank robbery, U.S. Attorney Barry Grissom said today.
Dlaney M. Nixon, 24, Valley Center, Kan., was sentenced to 140 months in federal prison. He pleaded guilty to one count of bank robbery. Nixon and two other defendants -- Henry J. Adams, III and Terry G. Revels -- were indicted in October 2012. Court documents alleged that on Oct. 15, 2012, the men robbed the Intrust Bank at 142 N. Ash in Valley Center. Nixon and Revels entered the bank wearing ski masks and hoodies and carrying black bags, Johnson waited outside in a white Cadillac to act as a lookout. They took money from bank tellers’ drawers and fled the bank.
Officers responding to the robbery located the Cadillac near 81st North and West Street in Valley Center and chased the car several miles before it stopped on Sheriden Court and the robbers fled on foot in different directions.
Nixon was arrested following a foot chase after he fled the car.
Co-defendant Terry G. Revels was sentenced to 235 months in prison.
Co-defendant Henry J. Adams, III, was sentenced to 140 months in prison.Grissom commended the agencies that took part in the investigation including the Valley Center Police Department, the FBI, the Sedgwick County Sheriff’s Office, the Wichita Police Department, the Kansas Highway Patrol, the Park City Police Department, the Maize Police Department, the Kechi Police Department, the Haysville Police Department, the Colwich Police Department, the Andale Police Department, the Mount Hope Police Department and the State Parole Office, as well as Assistant U.S. Attorney David Lind, who prosecuted the case.
Defendant Sentenced to 10 Years for Sex Crime Committed While in Treatment at LarnedRead the Press Release
WICHITA, KAN.-- A Kansas man who pleaded guilty to an Internet sex crime that took place while he was in the Kansas Sexual Predator Treatment Program at Larned State Hospital has been sentenced to 10 years in federal prison, U.S. Attorney Barry Grissom said today.
Mark D. Brull, 39, Larned State Hospital, pleaded guilty to one count of transferring obscene material to a child. In his plea, he admitted that while he resided at Larned State Hospital he became friends with co-defendant Ryan J. Dancosse, a resident of Wichita. Brull provided Dancosse with the passwords to Brull's social networking profiles including Facebook, Twitter, Flickr and Youtube, as well as his email account. With Brull's knowledge and agreement, Dancosse found and copied images of pornography and then uploaded the images to Brull's accounts for others to see and discuss.
In April 2011, Brull and Dancosse began communicating with a 14-year-old boy living in Massachusetts. In April and May 2011 Brull communicated with the boy via email and telephone. Brull guided the boy to his social networking profiles on the Internet, where he knew Dancosse had uploaded pornography. The boy was able to view the images on his computer and then discuss them with Brull. The images included depictions of nude males performing sexual acts.
Co-defendant Ryan J. Dancosse, 40, Wichita, Kan., pleaded guilty to one count of receiving child pornography. He is set for sentencing Oct. 2.
Grissom commended the Kansas Internet Crimes Against Children Task Force, the Wichita Police Department and the Sudbury, Mass., Police Department , U.S. Attorney Jason Hart and Assistant Attorney General Steve Karrer of Kansas Attorney General Derek Schmidt’s office.Two Men SentencedFor Defrauding Social SecurityRead the Press Release
WICHITA, KAN. B Two men have been sentenced in separate federal cases for Social Security fraud, U.S. Attorney Barry Grissom said Monday.
The men, L. T. Baker, 54, Wichita, Kan., and Paul David Lieder, 40, Hillsboro, Kan., each had pleaded guilty to making false statements to the Social Security Administration in order to receive disability payments to which they were not entitled. Both were sentenced Monday in U.S. District Court in Wichita.Baker was sentenced to one year in federal prison and was ordered to repay the Social Security Administration $66,354 -- benefits he received while claiming to be disabled. Baker had been gainfully employed since 2000 but used a second Social Security account number that had been issued to him in a slightly different name so that the Social Security Administration would not know he was employed. Baker's fraud came to light when the Kansas Department of Revenue discovered there were two Social Security numbers associated with Baker and reported that information to the Social Security Administration Office of Inspector General, which investigated both cases.
Grissom praised the Social Security Administration's Office of Inspector General for its investigation of the cases and Assistant U.S. Attorney Brent Anderson for his prosecution.
Lieder was sentenced to three years of probation and ordered to repay $24,000 to the Social Security Administration. He admitted using his father's Social Security number so that he could work without the Social Security Administration finding out. When Lieder's father applied for Social Security benefits, the Social Security Administration detected that Lieder had been using his father's number to defraud the disability program.Topeka Man Sentenced for Bank RobberyRead the Press Release
TOPEKA, KAN. -- Topeka man has been sentenced to 78 months for bank robbery, U.S. Attorney Barry Grissom said today.
Robert Eugene Gibson, 27, Topeka, Kan., pleaded guilty to one count of bank robbery. Gibson admitted that on Feb. 22, 2013, he robbed the Lyndon State Bank at 1535 S.W. Fairlawn Road in Topeka. Officers of the Topeka Police Department arrested Gibson at a gas station eight blocks from the bank shortly after the robbery.Grissom commended the Topeka Police Department, the FBI and Assistant U.S. Attorney Jared Maag for their work on the case.
Topeka Man Pleads Guilty to Possessing Pipe BombRead the Press Release
TOPEKA, KAN. -- A Topeka man has pleaded guilty to possessing a pipe bomb, U.S. Attorney Barry Grissom said today.
Kyle C. Roe, 29, Topeka, Kan., 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 trial Nov. 13. He is charged with making the bomb.
Roe is set for sentencing Nov. 26. He faces a maximum penalty of 10 years in federal prison and a fine up to $250,000. 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.
Three Gang Members Sentenced in Dodge City Racketeering CaseRead the Press Release
WICHITA, KAN. B Three members of a Dodge City street gang have been sentenced in a federal racketeering case, U.S. Attorney Barry Grissom said today.
Enrique Gobin, 24, Dodge City,was sentenced to 10 years.
Angel Cerda, 27, Dodge City, Kan., was sentenced to 78 months.
Jesus Torres, 29, Dodge City, Kan., was sentenced to 36 monthsGobin pleaded guilty to one count of aiding and abetting attempted murder, which was a violent crime in aid of racketeering. In his plea, he admitted that on March 30, 2011, he was involved in the attempted murder of a Sureno gang member. On the day of the crime, Gobin was with two fellow members of the Diablos Viejos gang -- Jesus Sanchez and Andrew Gusman -- and an LCC gang member named Alfonso Banda-Hernandez. All four of them were affiliated with the Nortenos street gang. At the east Love’s convenience store in Dodge City they encountered George Gonzalez, who was a known member of the rival Sureno gang. The two sides exchanged gang signs and slurs.
The Nortenos left the store and divided themselves into two cars. Gobin and Sanchez were in one car, with Gobin driving. They returned to the area of the store and pursued a car in which Gonzalez was riding. Near 1602 6th Ave., Gonzalez got out of his car and ran up an alley toward his girlfriend's residence. Sanchez fired at least two shots from a .40 caliber handgun at Gonzalez without hitting him.
Later, when officers of the Dodge City Police Department conducted a search of Gobin’s home, they found the gun used to shoot at Gonzalez.
Angel Cerda pleaded guilty to one count of aiding and abetting attempted murder, which was a violent crime in aid of racketeering. He admitted he was involved in an Oct. 4, 2008, incident in which two people were shot. In his plea, Angel Cerda admitted he was a Diablos Viejos (DV) gang member associated with the Norteno street gang when he accompanied two co-defendants in an attack at the home of a member of the rival Sureno gang. On Oct. 4, 2008, Cerda and two co-defendants gathered in a barn behind a house at 10770 Kettle Way near Dodge City, which was a hangout for the gang. Later that day, Cerda and the two co-defendants drove to the home of Abel Hernandez, a known Sureno gang member, and Rumalda Hipolito. Outside the home, Hernandez’s brother and others were drinking beer. One of the Nortenos began harassing them and shouting Norteno slogans. After someone threw a beer bottle at the Nortenos’ car, Cerda and the two co-defendants drove away.
Cerda and his associates obtained a firearm, an SKS or AK-47 style weapon, and returned to Hernandez's house, parking in an alley half a block away. They approached the house on foot where co-defendant Gonzalo Ramirez discharged multiple rounds from the firearm. The gunshots hit the house, striking Abel Hernandez and Rumalda Hipolito. Hipolito suffered a gunshot wound to the arm. Hernandez suffered a gunshot wound to the leg. Investigators found 19 bullet holes in the house and recovered 20 shell casings at the scene. After the shooting, Cerda and the two co-defendants returned to the house on Kettle Way, where they hid the car in the barn. Dodge City police arrested Cerda there.
Jesus Torres pleaded guilty to one count of aiding and abetting assault with a dangerous weapon, which was a violent crime in aid of racketeering. In his plea, he admitted he was a member of the Diablos Viejos on Aug. 27, 2011, when he urged his Norteno associates to join him in an assault on a group of people he mistakenly believed were members of the Surenos, a rival gang. The assault took place at 703 E. 9th Avenue in Dodge City. During the fight, two people were stabbed, Gabriel Rivera and Carlos Ramirez. Rivera's injuries were life-threatening, requiring a life-flight to a Wichita hospital.
The defendants were among 23 Norteno members to be indicted by a federal grand jury 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.
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 U.S. Attorney Aaron Smith and Assistant U.S. Attorney Lanny Welch for their work on the case.
Four Plead Guilty in Mortgage Fraud CaseRead the Press Release
WICHITA, KAN. -- Four people in Wichita have pleaded guilty in a mortgage fraud case, U.S. Attorney Barry Grissom said today.
Christopher Ginyard, 27, Wichita, pleaded guilty to one count of wire fraud.
Henry Pearson, Jr., 28, Wichita, pleaded guilty to one count of bank fraud.
Janice Young, 26, Wichita, pleaded guilty to one count of wire fraud. Henry Pearson, Sr., Wichita, pleaded guilty to one count of wire fraud.In their pleas, the four defendants said they were recruited to make home purchases by co-defendant Manjur Alam, who prepared loan applications in which the defendants made false statements to lenders.
Young admitted making false statements that she was employed and had consistent rental history. In fact, she had no job and no rental history. She also falsely stated that she intended to live in the property she was buying. In fact, she intended it to be rental property. Based on the false statements, Flagstar Bank made a wire payment of $76,299.50 to Lawyer's Title escrow account for the purchase of 2431 Lulu in Wichita.
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.
Sentencing is set for Nov. 25. Each defendant faces a maximum penalty of 30 years in federal prison and a fine up to $1 million. Grissom commended the Department of Housing and Urban Development - OIG, the Federal Housing Finance Agency, the Internal Revenue Service and Assistant U.S. Attorney Aaron Smith for their work on the case.
Former Kansas Man Sentenced on Federal Tax Evasion ChargeRead the Press Release
KANSAS CITY, KAN. – A former Kansas man was ordered Tuesday to pay $54,926 in back taxes and placed on federal probation for three years for tax evasion, U.S. Attorney Barry Grissom
Kent Price, 57, Kingwood, Texas, pleaded guilty to one count of tax evasion. In his plea he admitted the crimes took place while he and co-defendant Donald Doleshal, 62, Driftwood, Texas, lived in Kansas and were partners and owners of Central States Underwater Contracting, Inc., (CSU), Central States Underwater, Limited (CSUL) and Pilecap, Inc. The companies inspected, surveyed and repaired underwater pipelines, piles, piers, docks and bridges.
In tax years 2002, 2003, 2004 and 2005, Price understated his personal taxable income by a total of more than $340,000.
Price also admitted CSU and Pilecap paid personal expenses for Price and Doleshal that were deducted as business expenses on corporate taxes returns and were not reported as personal income. CSU paid for a Corvette and Saab that were drive by Price and Doleshal’s respective spouses.
Doleshal pleaded guilty to one count of tax evasion. He is set for sentencing Oct. 7.
Grissom commended the Internal Revenue Service and Assistant U.S. Attorney Chris Oakley for their work on the case.
Indictment: Former Employee Stole $1 Million Worth of Garmin GPS DevicesRead the Press Release
KANSAS CITY, KAN. – A man who used to work for the Garmin company in Olathe, Kan., has been indicted on federal charges of stealing more than $1 million worth of GPS devices from the company, U.S. Attorney Barry Grissom said today.
Terrence M. Heathington, 31, currently of Atlanta, Ga., is charged with forty counts of mail fraud. The indictment alleges that the crimes were committed between March and September 2008 while Heathington worked as a warehouse material handler for Garmin International, Inc., in Olathe. He caused boxes of GPS devices to be shipped via commercial carrier to his residence and the residences of co-conspirators. He and other conspirators sold the GPS devices on eBay and through other means. He stole approximately 165 cases of Garmin GPS devices with a wholesale value of more than $1 million.
If convicted, he faces a maximum penalty of 20 years in federal prison and a fine up to $250,000 on each count. The U.S. Secret Service investigated. Assistant U.S. Attorney Chris Oakley is prosecuting.
OTHER INDICTMENTS
Derrick L. Freeman, 28, Kansas City, Kan., Joe Freeman, 33, Kansas City, Kan., and Jeffrey B. Jackson, 47, Kansas City, Kan., are charged in a superseding indictment with one count of conspiracy to commit armed robbery. In addition, Derrick Freeman and Jeffrey Jackson are charged with one count of brandishing and discharging a firearm. In addition, Derrick Freeman is charged with one count of carjacking, two counts of brandishing and discharging a firearm, and one count of unlawful possession of a firearm after a felony conviction. The crimes are alleged to have occurred in May 2013 in Kansas City, Kan.
The defendants initially were charged in a criminal complaint filed June 5 in U.S. District Court in Kansas City, Kan.
The indictment alleges the defendants arranged to buy synthetic marijuana from a man in Kansas City, Kan. Once at his home, they threatened him with a gun and stole his money.
Upon conviction, the crimes carry the following penalties:
Conspiracy: A maximum penalty of 20 years in federal prison and a fine up to $250,000
Brandishing and discharging a firearm in a crime of violence: Not less than 10 years and not more than life and a fine up to $250,000 on each count. Conviction for a second or subsequent conviction: Not less than 25 years and a fine up to $250,000.
Carjacking: A maximum penalty of 15 years and a fine up to $250,000.
Unlawful possession of a firearm after a felony conviction: A maximum penalty of 10 years and a fine up to $250,000.The Kansas City, Kan., Police Department investigated. Special Assistant U.S. Attorney Erin Tomasic and Special Assistant U.S. Attorney Trent Krug are prosecuting.
Adrian L. Brown, 29, is charged with escaping from federal custody at the Grossman Community Corrections Center, a halfway house located in Leavenworth, Kan.. The crime is alleged to have occurred Aug. 21, 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. Assistant U.S. Attorney Chris Oakley is prosecuting.
Dale Ray Reiman, 53, Lawrence, Kan., is charged with one count of possession with intent to distribute methamphetamine, one count of unlawful possession of a firearm after a felony conviction, and one count of unlawful possession of a firearm in furtherance of drug trafficking. The crimes are alleged to have occurred Oct. 25, 2012, in Douglas County, Kan.
If convicted he faces a maximum penalty of 20 years in federal prison and a fine up to $1 million on the charge of possession with intent to distribute, a maximum penalty of 10 years and a fine up to $250,000 on the charge of unlawful possession of a firearm after a felony conviction and a penalty of not less than five years on the charge of unlawful possession of a firearm in furtherance of drug trafficking. The Kansas City Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives investigated. Assistant U.S. Attorney Tris Hunt and Assistant U.S. Attorney Scott Rask are prosecuting.
Shawn Richard Seburn, 35, Topeka, Kan., is charged with one count of failing to register as required by the Sex Offender Registration and Notification Act. The crime is alleged to have occurred between April 15 and Aug. 21, 2013, in Shawnee County, Kan.
If convicted, he faces a maximum penalty of 10 years and a fine up to $250,000. The Topeka Police Department and the U.S. Marshals Service investigated. Assistant U.S. Attorney Christine Kenney is prosecuting.
Johnathan Rush, 28, who is in federal custody, is charged with unlawful possession of a firearm after a felony conviction. The crime is alleged to have occurred July 27, 2013, in Topeka, Kan.
If convicted, Rush faces a maximum penalty of 10 years in federal prison and a fine up to $250,000. The Shawnee County Sheriff’s Office, the Lawrence Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives investigated. U.S. Attorney Barry Grissom is prosecuting.
Arthur D. Mitchell, 20, 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 Aug. 21, 2013, in Kansas City, Kan.
If convicted, he faces a maximum penalty of 10 years in federal prison and a fine up to $250,000. The Kansas City, Kan., Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives investigated. Special Assistant U.S. Attorney Erin Tomasic is prosecuting.
Aarick M. Warren, 28, Kansas City, Mo., is charged with one count of conspiracy to distribute crack cocaine; two counts of distributing crack cocaine within 1,000 feet of Bethany Park in Kansas City, Kan.; one count of possession with intent to distribute crack cocaine within 1,000 feet of Bethany Park in Kansas City, Kan.; one count of maintaining a residence at 1026 Reynolds Avenue in Kansas City, Kan., in furtherance of drug trafficking; one count of unlawful possession of a firearm in furtherance of drug trafficking; one count of unlawful possession of a firearm after a felony conviction; and two counts of using a telephone in furtherance of drug trafficking. The crimes are alleged to have occurred at various times between Jan. 1, 2012, and Jan. 16, 2013, in Kansas City, Kan.
Upon conviction, the crimes carry the following penalties:
Conspiracy: Not less than five years and not more than 40 years in federal prison and a fine up to $5 million.
Distributing crack cocaine within 1,000 feet of a public park: A maximum penalty of 40 years and a fine up to $4 million on each count.
Possession with intent to distribute crack cocaine within 1,000 feet of a public park: Not less than five years and not more than 80 years and a fine up to $10 million.
Maintaining a residence in furtherance of drug trafficking: A maximum penalty of 20 years and a fine up to $500,000.
Unlawful possession of a firearm in furtherance of drug trafficking: Not less than five years and a fine up to $250,000: A maximum penalty of 10 years and a fine up to $250,000.
Using a telephone in furtherance of drug trafficking: A maximum penalty of four years and a fine up to $30,000 on each count.The Kansas City, Kan., Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives investigated. Special Assistant U.S. Attorney Erin Tomasic is prosecuting.
In all cases, defendants are presumed innocent until and unless proven guilty. The indictments merely contain allegations of criminal conduct.Wichita Man Convicted on Firearms ChargeRead the Press Release
WICHITA, KAN. – A Wichita man has been found guilty on a federal firearms charge, U.S. Attorney Barry Grissom said today.
Troy A. Bong, 44, Wichita, Kan., was tried in U.S District Court in Wichita and a jury found him guilty on one count of unlawful possession of a firearm after a felony conviction. During trial, the prosecutor presented evidence that Bong was arrested Dec. 22, 2012, when Wichita police stopped the car in which he was riding after it left a known drug house. The officer, who recognized Bong from a previous arrest, told him to step out of the car. When the officer tried to pat him down for weapons, Bong resisted and a fight developed. Officers found that Bong possessed knives and a handgun. Bong was prohibited from possessing a firearm because of prior felony convictions.
Sentencing is set for Nov. 18. Bong faces a penalty of not less than 15 years under the Armed Career Criminal Act. Grissom commended the Wichita Police Department and Special Assistant U.S. Attorney Michelle Jacobs for their work on the case.
Gang Member Is Fifteenth to Plead Guilty in Dodge City Racketeering CaseRead the Press Release
WICHITA, KAN. – A Dodge City man has pleaded guilty to a charge of 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.
Sentencing is set for Nov. 18. He faces a maximum penalty of 20 years in federal prison and a fine up to $250,000. 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. Gusman is the fifteenth defendant in the case to enter a guilty plea.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.
Former Police Officer and Co-Defendant Plead Guilty in Scheme to Pay BribeRead the Press Release
WICHITA, KAN. –A former officer of the Wichita Police Department and a co-defendant have pleaded guilty in a scheme to pay a bribe in an unsuccessful effort to keep the officer from losing her job, U.S. Attorney Barry Grissom said today.
Former officer Joletta Vallejo, 35, Wichita, Kan., and Patrick Melendrez, 40, Wichita, Kan., each 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 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 Melendrez devised a scheme to attempt to keep her job.
On Aug. 22, 2012, Vallejo created a Google Voice number in the name of co-defendant 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.
Sentencing is set for Nov. 18. They face a maximum penalty of 20 years and a fine up to $250,000. Grissom commended the Wichita Police Department, the FBI and Assistant U.S. Attorney Debra Barnett for their work on the case.
Texas Man Sentenced for Wichita Bank RobberyRead the Press Release
WICHITA, KAN. – A Texas man has been sentenced for robbing a Wichita bank, U.S. Attorney Barry Grissom said today.
Lessie B. Cooper, Jr., 34, Fort Worth, Texas, was sentenced to 112 months in federal prison. Cooper pleaded guilty to the March 16, 2012, robbery of the Commerce Bank branch at 1701 S. Broadway in Wichita.
In his plea, Cooper admitted his brother, co-defendant Justin Cooper, drove him to the bank. Once inside, Lessie Cooper jumped over the counter and pointed a loaded rifle at the tellers. As he left the bank and was getting into the car a dye pack exploded, attracting the attention of a police officer sitting in her patrol car nearby. Police pursued Cooper’s car until it stopped at the intersection of Clark and Silver streets. Justin Cooper surrendered there, but Lessie Cooper fled on foot. Police eventually found him hiding under a bed in a residence in the 2100 block of South Silver.
Justin Cooper pleaded guilty to aiding and abetting a bank robbery and was sentenced 92 months in federal prison.
Grissom commended the Wichita Police Department, the FBI and Assistant U.S. Attorney Matt Treaster for their work on the case.
Indictment: Manhattan Doctor's Office Manager Unlawfully Distributed OxycodoneRead the Press Release
TOPEKA, KAN. – A woman who worked as an office manager for a Manhattan physician has been indicted on federal charges of unlawfully distributing oxycodone, U.S. Attorney Barry Grissom said today.
Sarah Harding-Huffine, 29, Manhattan, Kan., is charged with one count of conspiracy to unlawfully distribute controlled substances and one count of unlawfully distributing controlled substances. The indictment alleges Harding-Huffine used blank, pre-signed prescription forms to issue prescriptions for oxycodone, a Schedule II pain reliever.
Harding-Huffine worked for Dr. Michael P. Schuster at the New Medical Group PC, New Medical Group, Advisor’s Medical and Manhattan Pain and Spine located at 1135 Westport Drive in Manhattan. Schuster was indicted in May on charges of conspiracy to unlawfully distribute controlled substances and unlawfully distributing controlled substances.
Harding-Huffine was not a licensed health care provider and was not authorized to distribute controlled substances to Schuster’s patients. The indictment alleges she used blank prescription forms signed by Schuster to issue controlled substances. The indictment alleges 31 instances in which Harding-Huffine issued prescriptions for oxycodone while Schuster was out of the office traveling to other countries including Russia, South Africa, Canada, Uruguay, Chile, Argentina, Brazil, Israel and Paraguay.
If convicted, she faces a maximum penalty of 20 years in federal prison and a fine up to $1 million on each count. The FBI investigated. Assistant U.S. Attorney Tanya Treadway is prosecuting.
OTHER INDICTMENTSJames A. Greer, 41, Topeka, Kan., is charged with one count of distributing child pornography and one count of possessing child pornography. The crimes are alleged to have occurred in March and June 2012 in Shawnee County, Kan.
If convicted, he faces a penalty of not less than five years in federal prison and a fine up to $250,000 on the charge of distributing child pornography and a maximum penalty of 10 years and a fine up to $250,000 on the possession charged. The FBI investigated. Assistant U.S. Attorney Christine Kenney is prosecuting.
Ki Nekyo McClinton, 29, Topeka, Kan., is charged with one count of failing to register as required under the Sex Offender Registration and Notification Act. The crime is alleged to have occurred in June and July 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 U.S. Marshals Service investigated. Assistant U.S. Attorney Christine Kenney is prosecuting.
Majed Hussein Atieh, a U.S. citizen who resides in the Kingdom of Jordan, 51, is charged with two counts of falsely claiming to be a resident of Leawood, Kan., when purchasing firearms from a store in Kansas. The crimes are alleged to have occurred in December 2011 and October 2012 in
Overland Park, 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. The U.S. Attorney’s Office is prosecuting.
Urbano Garcia, 27, is charged with failing to appear for sentencing on a federal drug charge. He was scheduled to appear June 1, 2012, in U.S. District Court in Topeka.
If convicted, he faces a maximum penalty of 10 years and a fine up to $250,000. The Drug Enforcement Administration investigated. Assistant U.S. Attorney Duston Slinkard is prosecuting.
Lucas Villarreal, 22, is charged with failing to appear for sentencing on a federal drug charge. He was scheduled to appear Aug. 29, 2013, for sentencing in U.S. District Court in Topeka.
If convicted, he faces a maximum penalty of 10 years and a fine up to $250,000. The Drug Enforcement Administration investigated. Assistant U.S. Attorney Duston Slinkard is prosecuting.
Donald Lee Cohee, 25, Topeka, Kan., is charged with one count of failing to register as required under the Sex Offender Registration and Notification Act. The crime is alleged to have occurred from May to August 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 U.S. Marshals Service investigated. Assistant U.S. Attorney Christine Kenney is prosecuting.
Richard Serafin, 44, is charged with one count of unlawful possession of a firearm after a felony conviction. The crime is alleged to have occurred Aug. 15, 2013, in Cloud 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 Jared Maag is prosecuting.
In all cases, defendants are presumed innocent until and unless proven guilty. The indictments merely contain allegations of criminal conduct.Topeka Man Carried .40 Caliber Pistol in Furtherance of Drug TraffickingRead the Press Release
TOPEKA, KAN. – A Topeka man has pleaded guilty to a federal charge of carrying a .40 caliber pistol in furtherance of drug trafficking, U.S. Attorney Barry Grissom said today.
Malik T. Yates, 20, Topeka, Kan., 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.
He is set for sentencing Nov. 18. He faces a sentence of not less than five years and not more than life and a fine up to $250,000.
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.
Kansas City, Kan., Tax Preparer Pleads Guilty to Filing False Tax ReturnsRead the Press Release
KANSAS CITY, KAN. – A tax preparer from Kansas City, Kan., has pleaded guilty to preparing false federal income tax returns for other people, U.S. Attorney Barry Grissom said today.
Kelly N. Kittrell, 42, pleaded guilty to count two of an indictment charging her with preparing false income tax returns. The indictment alleged Kittrell prepared false tax returns for 13 clients. Count two alleged that on April 6, 2009, she submitted a form 1040A for tax year 2008 in which she falsely stated that a client had received $13,859 in wages and paid $2,698 in taxes. As a result of the falsely claimed wages and tax payments, the tax return prepared by Kittrell fraudulently demanded a refund of $9,226, to which her client was not entitled.
Sentencing is set for Feb. 10, 2014. She faces a penalty of not more than three years in federal prison and a fine up to $250,000. Grissom commended IRS - Criminal Investigation, Justice Department Tax Division Trial Attorney Matthew Kluge and Assistant U.S. Attorney Scott Rask for their work on the case.Gang Member Is Fourteenth to Plead Guilty in Dodge City Racketeering CaseRead the Press Release
WICHITA, KAN. – A Dodge City gang member has pleaded guilty to a conspiracy charge in a federal racketeering case, U.S. Attorney Barry Grissom said today.
Eusebio Sierra-Medrano, 33, Dodge City, Kan., 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.
Sentencing is set for Nov. 4. He faces a maximum penalty of 20 years in federal prison and a fine up to $250,000.
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. Sierra-Medrano is the fourteenth defendant in the case to enter a guilty plea.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 U.S. Attorney Lanny Welch and Assistant U.S. Attorney Aaron Smith for their work on the case.
Medical Worker Infected Kansas Patients with Hepatitis C, Faces at Least 30 Years in Prison After Pleading GuiltyRead the Press Release
TOPEKA, KAN. – A traveling medical worker has admitted infecting six patients in Kansas with Hepatitis C, including one who died, U.S. Attorney Barry Grissom said today.
David M. Kwiatkowski, 34, a former employee of Hays Medical Center in Hays, Kan., pleaded guilty in U.S. District Court in New Hampshire to seven counts of tampering with a consumer product and seven counts of obtaining controlled substances by fraud. At the same time, he agreed to have charges filed against him in Kansas – one count of tampering with a consumer product and one count of obtaining controlled substances by fraud – transferred to New Hampshire and he pleaded guilty to them as well. He is scheduled to be sentenced Dec. 3, 2013, by a federal judge in New Hampshire.
In his plea, Kwiatkowski admitted exposing patients in Kansas, New York, Pennsylvania, Maryland, Arizona, Georgia and New Hampshire to Hepatitis C, a blood-borne viral disease that is transmitted by exposure to infected blood. The disease, which can cause liver damage and other health problems, can be deadly. Kwiatkowski transmitted the virus by stealing fentanyl, which is a medication for pain, injecting the drug into his body, refilling a syringe with saline, and allowing the contents of the saline-filled syringe, which was tainted with Hepatitis C virus, to be injected into patients. In his plea, he admitted swapping syringes at least 20 times while he worked in Kansas.
Kwiatkowski was a radiologic technician who worked at several health care facilities in Michigan between 2003 and 2007. In November 2007, he became a “traveler,” working through placement agencies and taking short-term positions at various medical facilities. In May 2010 he worked at Hays Medical Center. While he was working there, a physician told him he had Hepatitis C. At least six patients who where treated at Hays during the time he worked there were found to be infected with a strain of Hepatitis C that has been genetically linked to the strain with which he is infected. One of the patients underwent cardiac catheterization on June 7 and July 12, 2010. A medical examiner has concluded that Hepatitis C played a role in contributing to that patient’s death.
As a result of Kwiatkowski’s actions, public health departments and the Centers for Disease Control and Prevention conducted a massive public health investigation. Public health authorities recommended that more than 11,000 people be tested for possible Hepatitis C infection,
Kwiatkowski will be sentenced by a federal judge in New Hampshire on both the New Hampshire and the Kansas charges. Based on the plea agreement, he faces a penalty of no less than 30 years and no more than 40 years in federal prison.
Grissom commended the U.S. Attorney’s Office for the District of New Hampshire, especially Assistant United States Attorney John Farley, the FBI, the Office of Criminal Investigations of the Food and Drug Administration, the Centers for Disease Control and Prevention, and Assistant U.S. Attorney Tanya Treadway for their work on the case.
Former Wastewater Manager in Hays Charged with Violating Clean Water ActRead the Press Release
WICHITA, KAN. – A former manager of wastewater facilities for the city of Hays, Kan., has been charged with violating the Clean Water Act, U.S. Attorney Barry Grissom said today.
Charles L. Blair, 57, Hays, Kan., is charged with four counts of making false statements about nitrogen levels in the effluent for the City of Hays. In three counts, Blair is alleged to have made false statements in Discharge Monitoring Reports. The reports significantly understated the amount of ammonia nitrogen in the city’s effluent. In another count, Blair is alleged to have falsely stated to agents of the Environmental Protection Agency that he had provided accurate reports to EPA. The crimes are alleged to have occurred in February, March and July 2012 in Hays, Kan.
The Clean Water Act regulates the discharge of pollutants from point sources to waters of the United States. More information on the law is available at:
http://www2.epa.gov/laws-regulations/summary-clean-water-actIf convicted, Blair faces a maximum penalty of two years in federal prison and a fine up to $10,000 on each of the first three counts and a maximum penalty of five years and a fine up to $250,000 on the fourth count.
The Environmental Protection Agency investigated. Assistant U.S. Attorney Matt Treaster is prosecuting.
OTHER INDICTMENTS
Antoine Otano, 23, Wichita, Kan., is charged with one count of possession with intent to distribute cocaine, and one count of unlawful possession of a firearm in furtherance of drug trafficking. The crimes are alleged to have occurred May 25, 2009, in Sedgwick County, Kan.If convicted, he faces a penalty of not less than five years and not more than 40 years and a fine up to $2 million on the cocaine charge, and a penalty of not less than five years – consecutive to the sentence on the other count – and a fine up to $250,000 on the firearm charge.
The Wichita Police Department and the Drug Enforcement Administration investigated. Special Assistant U.S. Attorney Michelle Jacobs is prosecuting.
Eleazar Marquez-Bencomo, 52, Garden City, Kan., is charged with one count of possession with intent to distribute cocaine and two counts of unlawful possession of a firearm in furtherance of a drug trafficking. The crimes are alleged to have occurred Aug. 1, 2013, in Finney County, Kan.
If convicted, he faces a penalty of not less than five years and not more than 40 years and a fine up to $2 million on the cocaine charge, and a penalty of not less than five years – consecutive to the sentence on the other count – and a fine up to $250,000 on each firearm count. The Finney County Sheriff’s Department, the Garden City Police Department and the Drug Enforcement Administration investigated. Special Assistant U.S. Attorney Michelle Jacobs is prosecuting.
Amos Becknell, 33, Wichita, Kan., is charged in a superseding indictment with one count of possession with intent to distribute cocaine, one count of unlawful possession of a firearm in furtherance of drug trafficking and three counts of unlawful possession of a firearm after a felony conviction. The crimes are alleged to have occurred April 1, 2011, in Sedgwick County, Kan.
If convicted, he faces a maximum penalty of 20 years and a fine up to $1 million on the cocaine count, a penalty of not less than five years, consecutive to the sentence on the cocaine count, 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 each of the charges on unlawful possession of a firearm after a felony conviction. The Wichita Police Department investigated. Special Assistant U.S. Attorney Michelle Jacobs is prosecuting.
Troy D. Benton, 43, Liebenthal, Kan., is charged with one count of possession with intent to distribute methamphetamine and one count of unlawful possession of a firearm after a felony conviction. The crimes are alleged to have occurred July 4, 2013, in Ellis County, Kan.
If convicted, he faces a penalty of not less than five years and not more than 40 years and a fine up to $2 million on the drug charge and a maximum penalty of 10 years and a fine up to $250,000 on the firearm charge. The Ellis County Sheriff’s Office investigated. Assistant U.S. Attorney Matt Treaster is prosecuting.
In all cases, defendants are presumed innocent until and unless proven guilty. The indictments merely contain allegations of criminal conduct.
Manhattan Man Sentenced in Convenience Store RobberyRead the Press Release
TOPEKA, KAN. – A Manhattan man has been sentenced to 42 months for robbing a convenience store in Manhattan, Kan., which set in motion a series of events leading ultimately to a deadly arson in which a Kansas State University researcher died, U.S. Attorney Barry Grissom said today.
Frank Joseph Hanson, 23, Manhattan, Kan., was sentenced after pleading guilty to one count of brandishing a firearm during a crime of violence. Hanson admitted that on Feb. 6, 2013, he robbed Dara’s Fast Lane, a convenience store in Manhattan.
Co-defendant Dennis James Denzien pleaded guilty to one count of aiding abetting a robbery. In his plea, Denzien admitted that he drove Hanson to Dara’s Fast Lane at 1816 Claflin Road in Manhattan. Wearing a mask and brandishing a revolver, Hanson entered the store. After Hanson robbed the store, Denzien drove him away from the scene of the robbery.
Later that day, Riley County Police Department officers served two search warrants at a residence where Denzien lived with another defendant, Patrick Martin Scahill. Ultimately, investigators recovered a mask, gloves, a backpack and a firearm used in the robbery.
While officers were working to obtain one of the warrants they served at Denzien’s residence, Hanson, Scahill, defendant Virginia Amanda Griese, defendant Gavin Hairgrove and another person met and discussed what would happen if the police searched the residence and how to distract police long enough for Scahill to re-enter the residence and remove incriminating evidence.
In the end, Griese drove Scahill to the Lee Crest Apartments at 820 Sunset Avenue in Manhattan. Scahill poured gasoline in a hallway of the building and set a fire, hoping to distract police from searching the residence, which was across the street from the apartments. Vasanta Pallem, a post graduate researcher at Kansas State University who lived on the third floor of the apartments, was overcome by smoke and died after she was unable to escape the burning building.
Other defendants include:
Dennis James Denzien, who pleaded guilty to one count of aiding and abetting a robbery and was sentenced to 20 months in federal prison.
Patrick Martin Scahill, who pleaded guilty to arson resulting in a death and was sentenced to 360 months.
Virginia Amanda Griese, who pleaded guilty to arson resulting in a death and was sentenced to 240 months.
Gavin Taylor Hairgrove, who is set for trial Oct. 8.
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.In all cases, defendants are presumed innocent until and unless proven guilty. The indictments merely contain allegations of criminal conduct.
Manhattan Accountant Sentenced for Embezzling More Than $500,000Read the Press Release
TOPEKA, KAN. – An accountant in Manhattan, Kan., has been sentenced to 33 months in federal prison for embezzling from a commercial construction company where he worked, U.S. Attorney Barry Grissom said today. He was ordered to pay more than $640,000 in restitution.
Larry D. Lord, 64, Manhattan, Kan., pleaded guilty to one count of mail fraud and one count of filing a false tax return. In his plea, Lord admitted the crimes occurred from 2005 to 2012 while he worked as an accountant for Cheney Construction Incorporated in Manhattan, Kan.
He used his position to embezzle funds from CCI’s bank account to pay his personal expenses, including his and his wife’s personal credit cards. Lord wrote checks on CCI’s bank account and mailed the checks to a credit card company. To conceal the crimes, he falsified the company’s check register log to make it appear the check was written to a legitimate payee. He wrote checks totaling $535,179. In addition he failed to report the embezzled funds on his federal income tax, resulting in taxes owed for 2006 through 2011.
Grissom commended the Internal Revenue Service, the FBI, the Pottawatomie County Sheriff’s Office and Assistant U.S. Attorney Christine Kenney for their work on the case.
U.S. Attorney Barry Grissom to Take Part in National Night OutRead the Press Release
KANSAS CITY, KAN. – U.S. Attorney Barry Grissom will join law enforcement and community leaders on Tuesday, Aug. 6, at the Night Out Against Crime. The event runs from 4 p.m. to 8 p.m. at the National Guard Armory near 18th and Ridge in Kansas City, Kan. Speakers begin at 6 p.m.
The event is part of the 30th Annual National Night Out, which is designed to heighten crime and drug prevention awareness, generate support for and participation in local anti-crime efforts; strengthen neighborhood spirit and police-community relationships; and send a message to criminals letting them know neighborhoods are organized and fighting back.
“Crime does not rule the night and criminals have no safe haven when the sun goes down,” Grissom said. “National Night Out is a perfect opportunity for neighbors to join with their law enforcement and community partners to send the message. I look forward to joining my colleagues on Tuesday to help spread the word that we are all in this together.”
National Night Out organizers are expecting more than 16,000 communities and 38 million people nationwide to take part in community events on Tuesday.
U.S. Attorney Barry Grissom to Address Immigration Enforcement and Civil RightsRead the Press Release
KANSAS CITY, KAN. – U.S. Attorney Barry Grissom will speak on immigration enforcement and civil rights during the third annual Statewide Civil Rights Symposium Friday, Aug. 9, at Johnson County Community College in Overland Park, U.S. Attorney Barry Grissom said today.
“We need to take a pragmatic approach to immigration enforcement that makes efficient use of our resources and recognizes the human rights of an estimated 11 million undocumented workers in this country,” Grissom said.
Grissom will be one of several speakers at the free, day-long event focusing on federal civil rights enforcement in Kansas. Featured speaker for the event will be Gretchen Eick Ph.D., professor emeritus of history at Friends University. She will draw upon her book, “Dissent in Wichita: The Civil Rights Movement in the Midwest, 1954-1972,” when she speaks. Through protests such as the sit-in at the Dockum Drugstore in Wichita in 1958, civil rights advocates applied pressure leading up to the landmark Civil Rights Act of 1964.
Grissom said this is the third year in a row his office has sponsored the symposium. The U.S. Department of Justice is responsible for upholding the civil and constitutional rights of all Americans. It enforces federal statutes prohibiting discrimination on the basis of race, color, sex, disability, religion, familial status and national origin.
Other presentations during the symposium will include a panel discussion on civil rights with panelists U.S. Attorney Barry Grissom; Gary Brunk, executive director of the ACLU of Kansas and Western Missouri, and Thomas Witt, executive director of the Kansas Equality Coalition.
The symposium is free and open to the public, but anyone who wants to attend must register. A registration form and more information is available on the U.S. Attorney’s Web site at www.justice.gov/usao/ks
Sponsors for the event include the U.S. Attorney’s Office for the District of Kansas, the U.S. Attorney’s Office for the Western District of Missouri, the Kansas Law Enforcement Training Center, the Public Safety Training Center at Johnson County Community College and the Regional Community Policing Training Institute at Wichita State University.
For more information call Jim Cross, public information officer, at 316-269-6481.
Manhattan Man Sentenced in Armed RobberyRead the Press Release
TOPEKA, KAN. – A man from Manhattan, Kan., has been sentenced to 20 months in federal prison for aiding and abetting an armed robbery that set in motion a series of events leading ultimately to a deadly arson in which a Kansas State University researcher died, U.S. Attorney Barry Grissom said today.
Dennis James Denzien, 20, Manhattan, Kan., pleaded guilty to one count of aiding and abetting a robbery. In his plea, Denzien admitted that on Feb. 6, 2013, he drove co-defendant Frank Joseph Hanson to Dara’s Fast Lane at 1816 Claflin Road in Manhattan. Wearing a mask and brandishing a revolver, Hanson entered the store. After Hanson robbed the store, Denzien drove him away from the scene of the robbery.
Later that day, Riley County Police Department officers served two search warrants at a residence where Denzien lived with another defendant, Patrick Martin Scahill. Ultimately, investigators recovered a mask, gloves, a backpack and a firearm used in the robbery.
While officers were working to obtain one of the warrants they served at Denzien’s residence, Hanson, Scahill, defendant Virginia Amanda Griese, defendant Gavin Hairgrove and another person met and discussed what would happen if the police searched the residence and how to distract police long enough for Scahill to re-enter the residence and remove incriminating evidence.In the end, Griese drove Scahill to the Lee Crest Apartments at 820 Sunset Avenue in Manhattan. Scahill poured gasoline in a hallway of the building and set a fire, hoping to distract police from searching the residence, which was across the street from the apartments. Vasanta Pallem, a post graduate researcher at Kansas State University who lived on the third floor of the apartments, was overcome by smoke and unable to escape the burning building.
Other defendants include:
Frank Joseph Hanson, who pleaded guilty to robbery and is set for sentencing Aug. 12.
Patrick Martin Scahill, who pleaded guilty to arson resulting in a death and was sentenced to 360 months.
Virginia Amanda Griese, who pleaded guilty to arson resulting in death and was sentenced to 240 months.
Gavin Taylor Hairgrove, who is set for trial Oct. 8.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.
In all cases, defendants are presumed innocent until and unless proven guilty. The indictments merely contain allegations of criminal conduct.
Professional Hunter Violated Federal ProbationRead the Press Release
KANSAS CITY, KAN. – A professional hunter from Tennessee violated his federal probation and must spend a total of 30 days in Bureau of Prisons custody, U.S. Attorney Barry Grissom said today.
U.S. Magistrate Judge James P. O’Hara ruled that William “Spook” Spann, 50, Dickinson, violated the conditions of his release after his conviction for a misdemeanor Lacey Act violation in Kansas. O’Hara’s order states that Spann:
– Continues on probation until Feb. 28, 2016.
– Is ordered to spend a total of 30 days during nights and weekends in the custody of the Bureau of Prisons between now and Feb. 28, 2014.
– Is ordered not hunt anywhere in the United States or the world until Aug. 1, 2014.
Last year, Spann pleaded guilty to transporting across state lines a white-tailed deer that was unlawfully taken in Stafford County, Kan. As part of the probation he was prohibited from hunting for six months, admonished not to commit any further federal crimes and ordered to pay a $10,000 fine and $10,000 restitution.On June 10, the federal probation office in Kansas filed a petition alleging Spann violated his probation by hunting in Tennessee and violating a Tennessee law against baiting wildlife. O’Hara ruled that Spann violated the terms of his probation by hunting in the United States within six months of his sentencing and baiting turkeys in violation of Tennessee state law.
Grissom commended the U.S. Fish and Wildlife Services, the Tennessee Wildlife Resource Agency and Assistant U.S. Attorney Chris Oakley for their work on the case.