District of Kansas
Press releases recorded for this federal judicial district.
Kansas City, Kan., Man Indicted on Drug, Firearms ChargesRead the Press Release
KANSAS CITY, KAN. – A man from Kansas City, Kan., has been indicted on drug and firearms charges, U.S. Attorney Barry Grissom said today.
Joseph P. Pacheco, 41, Kansas City, Kan., is charged with one count of possession with intent to distribute methamphetamine, one count of carrying a firearm in furtherance of drug trafficking and one count of unlawful possession of a firearm after a felony conviction. The crimes are alleged to have occurred Feb. 5, 2013, in Kansas City, Kan.
If convicted, he faces a penalty of not less than five years and not more than 40 years and a fine up to $5 million on the conspiracy charge; a penalty of not less than five years – consecutive to a sentence for drug trafficking – and a fine up to $250,000 on the charge of possessing a firearm in furtherance of drug trafficking; and a maximum penalty of 10 years and a fine up to $250,000 on the charge of unlawful possession of a firearm after a felony conviction.
The Kansas City, Kan., Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives investigated. Assistant U.S. Attorney David Zabel is prosecuting.
OTHER INDICTMENTS
Cheryl D. Seigler, 37, Wichita, is charged with two counts of unlawful possession of a firearm after a felony conviction. The crimes are alleged to have occurred May 17 and May 31, 2013, in Sedgwick County, Kan.If convicted, she faces a maximum penalty of 10 years and a fine up to $250,000 on each count. The Wichita Police Department investigated. Assistant U.S. Attorney Mona Furst is prosecuting.
Antonio Villa-Cesario, 37, a citizen of Mexico, is charged with one count of unlawful possession of a firearm by an alien illegally in the United States, and one count of unlawfully re-entering the United States after being deported. The gun crime is alleged to have occurred May 21, 2013, in Wyandotte County, Kan.
If convicted, he faces a maximum penalty of 10 years and a fine up to $250,000 on the gun charge, and a maximum penalty of two years and a fine up to $250,000 on the immigration charge. Homeland Security Investigations investigated. Assistant U.S. Attorney Chris Oakley is prosecuting.
Mario Alberto Medina-Urias, 28, a citizen of Mexico, is charged with one count of unlawfully re-entering the United States after being deported. He was found May 24, 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 - Enforcement and Removal Operations investigated. Assistant U.S. Attorney Brent Anderson is prosecuting.
Edgar Lara-Garcia, 31, a citizen of Guatemala, is charged with unlawfully re-entering the United States after being deported. He was found May 20, 2013, in Crawford County, Kan.
If convicted, he faces a maximum penalty of two years in federal prison and a fine up to $250,000. ICE - Enforcement and Removal Operations investigated. Assistant U.S. Attorney Brent Anderson is prosecuting.
In all cases, defendants are presumed innocent until and unless proven guilty. The indictments merely contain allegations of criminal conduct.Two Kansas Men Plead Guilty to Federal Dog Fighting ChargeRead the Press Release
KANSAS CITY, KAN. – Two Kansas men have pleaded guilty to a federal dog fighting charge, U.S. Attorney Barry Grissom said today.
Pete Davis, Jr., 38, Kansas City, Kan., and Melvin Robinson, 42, Kansas City, Kan., each pleaded guilty to one count of transporting animals for participation in an animal fighting venture.
The two men initially were charged in a criminal complaint alleging they owned dozens of dogs – most of them pit bulls – that they trained and took to dog fights. They kept the dogs at a farm in Harrison County, Mo., and at their residences in Kansas City, Kan, and transported some of them to fights as far away as Dallas, Texas. On March 22 and 23, 2013, federal, state and local investigators served search warrants at several locations, seizing 77 dogs and six chickens.
According to court documents, an FBI investigation that began in November 2012 revealed that:
-- To train dogs for fighting, Robinson had a treadmill at his residence in Kansas City, Kan. He routinely placed a harness on a dog and chained the harness to the treadmill for several hours at a time. The treadmill was equipped with a plywood box to keep the dog on the treadmill. Robinson also put weights on the dog to strengthen it and provided caged live chickens in front of the treadmill as bait.
-- Robinson and Davis discussed betting $20,000 to $30,000 on a dog they were training for a fight scheduled to take place on March 23, 2013, in Dallas, Texas. They called such fights "dog shows."
-- On March 17, 2013, Davis and Robinson held three dog fights involving six dogs at the farm in Missouri in preparation for the dog fight in Dallas.
-- At various times during the investigation, dogs died at the farm in Missouri and their bodies were discarded.
-- On March 22, 2013, investigators followed Robinson and Davis as they traveled to a location near Tyler, Texas, for a dog fight.Sentencing is set for Sept. 9. The defendants face a maximum penalty of five years in federal prison and a fine up to $250,000.
Grissom thanked the following agencies for their work on the case: The FBI, the Kansas City (KS) Police Department, the Harrison County (MO) Sheriff's Department, the Missouri State Highway Patrol, the Texas Department of Public Safety - Narcotics and Highway Patrol, East Texas HIDTA, the FBI Dallas Division - East Texas Resident Agencies, the American Society for the Prevention of Cruelty to Animals, the Texas Parks and Wildlife Department - Game Wardens, the Texas Department of Criminal Justice - OIG, the Lindale Police Department, the Smith County Sheriff’s Office, the Dallas Police Department and the Dallas County Sheriff’s Office. He also thanked the American Society for the Prevention of Cruelty To Animals for assisting investigators by agreeing to house and care for dogs that were seized by investigators.
U.S. Attorney Barry Grissom to Take Part in Indian Country Conference Focusing on Domestic Violence, Sexual AssaultRead the Press Release
KANSAS CITY, KAN. – Barry Grissom, U.S. Attorney for the District of Kansas, will take part in the 2013 Indian Country Conference June 11 and 12 in Sloan, Iowa.
The conference will focus on domestic violence and sexual assault in Indian Country.
“Nearly half of all American Indian women have been physically assaulted, raped or stalked by a partner – and more than one in four have been raped,” Grissom said. “We have much work to do to assure that women and girls in tribal communities are kept safe.”
The conference in Iowa will bring Grissom together with the U.S. Attorneys for Nebraska and the Northern District of Iowa, as well as victim service providers and law enforcement officers from across the Midwest.
Grissom is a member of the Justice Department’s Native American Issues Subcommittee (NAIS). The NAIS is made up of U.S. Attorneys whose districts contain Indian Country or one or more federally recognized tribes. The NAIS focuses exclusively on Indian Country issues, both criminal and civil, and is responsible for making policy recommendations to the Attorney General of the United States regarding public safety and legal issues that impact tribal communities.
Last week, the Justice Department issued a national report showing a 54 percent increase in Indian Country criminal prosecutions since Fiscal Year 2009.
“Across the country, U.S. Attorneys have been focused on fighting crime in Indian Country and reinforcing the bond between federal and tribal law enforcement, which also strengthens the faith that people have in their criminal justice system,” said U.S. Attorney General Eric Holder.
In Kansas, Grissom’s office works with four federally recognized Indian tribes: the Kickapoo, the Prairie Band Potawatomi, the Iowa and the Sac and Fox.
A tribal liaison from Grissom’s office meets regularly with tribal police and leaders of the four tribes in Kansas, as well as local law enforcement officers and state prosecutors who are responsible for investigating and prosecuting state crimes on the reservations in Kansas.
Kansas City, Mo., Man Sentenced in Mortgage Fraud CaseRead the Press Release
KANSAS CITY, KAN. – A Kansas City, Mo., man has been sentenced in a mortgage fraud case, U.S. Attorney Barry Grissom said today.
Michael D. Robinson, 36, Kansas City, Mo., was sentenced to a year and a day in federal prison. Robinson pleaded guilty to one count of conspiracy to commit mail fraud. In his plea, he admitted he conspired with others to provide false information to mortgage lenders.
Robinson admitted he purchased houses that were being foreclosed and then sold them to buyers at inflated prices. He bought and sold houses personally and through companies he established including The Atomic Group, LLC. To advance the scheme and make sure buyers were approved for loans, Robinson gave buyers money for down payments to buy houses. He put money into a bank account in a buyer’s name to make it appear to the lender that the buyer had money to qualify for a loan. Robinson falsely stated that buyers had provided down payments.
In order to get the lender to approve loans at inflated prices, Robinson agreed with an appraiser who provided inflated appraisals based on false information. For instance, the appraiser falsely stated that improvements had been made when in fact very little work had been done.
Grissom commended IRS - Criminal Investigation, Housing and Urban Development - OIG, Assistant U.S. Attorney Chris Oakley and Assistant U.S. Attorney Jabari Wamble for their work on the case.
Former Wichita Investment Advisor Sentenced on Wire Fraud ChargesRead the Press Release
WICHITA, KAN. – A former Wichita investment advisor has been sentenced to 63 months in federal prison after pleading guilty to stealing money he pretended to be investing for clients, U.S. Attorney Barry Grissom said today. He was ordered to pay more than $2.2 million in restitution.
Eric Burns, 44, Wichita, Kan., pleaded guilty to five counts of wire fraud. In his plea, he admitted he arranged for electronic transactions to take place as part of a scheme to defraud clients.
The transactions included the following:
The transfer of $70,000 on Aug. 20, 2008, from Boston to New York City.
The transfer of $25,000 on July 7, 2010, from Boston to Wichita.
The transfer of $12,000 on Aug. 13, 2010, from Boston to Wichita.
The transfer of $150,000 on Aug. 26, 2010, from Boston to Wichita.
The transfer of $130,000 on June 7, 2011, from Boston to Wichita.On Nov. 8, 2011, the Office of the Kansas Securities Commissioner suspended Burns’ registration as an investment advisor after receiving a complaint that he misappropriated client funds.
Grissom commended the FBI, the Office of the Kansas Securities Commissioner, Assistant U.S. Attorney Debra Barnett and Assistant U.S. Attorney Tanya Treadway for their work on the case.
Optometrist from Derby, Kan., Sentenced to Prison for Wire FraudRead the Press Release
WICHITA, KAN. – An optometrist from Derby, Kan., has been sentenced to 41 months in federal prison after pleading guilty to wire fraud in a scheme to collect more than $500,000 in pay for eye exams that never were performed, U.S. Attorney Barry Grissom said today. In addition, he was ordered to pay $583,060 in restitution.
Wade D. Abbey, 47, Derby, Kan., pleaded guilty to five counts of wire fraud. An indictment filed in March 2012 alleged that the crimes were committed while Abbey and his wife were working as optometrists for Visions Doctors of Optometry. They were paid an hourly wage and additional fees for each full eye exam they conducted. Wade Abbey inflated the number of eye exams they performed and provided false information to an accountant who paid them based on the false information.
In his plea, Abbey admitted that:
On Jan. 6, 2010, he sent an email stating that he provided 177 full eye exams and his wife provided 160 full eye exams, which he knew was not true.
On Jan. 20, 2010, he sent an email stating he provided 197 full eye exams and his wife provided 186 full eye exams, which he knew was not true.
On Feb, 3, 2010, he sent an email stating he provided 206 full eye exams and his wife provided 185 full eye exams, which he knew was not true.
On March 31, 2010, he sent an email stating he provided 207 full eye exams and his wife provided 185 full eye exams, which he knew was not true.
On June 23, 2010, he sent an email stating he provided 187 full eye exams and his wife provided 176 full eye exams, which he knew was not true.As a result of the fraud, he was paid $583,060.
Grissom commended the FBI and Assistant U.S. Attorney Debra Barnett for their work on the case.
Topeka Man Charged with Producing Child PornRead the Press Release
TOPEKA, KAN. – An investigation that started in Australia has resulted in a Topeka man being charged with producing child pornography, U.S. Attorney Barry Grissom said today.
Jonathan Kearn, 38, Topeka, Kan., is charged with one count of producing child pornography, one count of distributing child pornography and one count of possessing child pornography. The crimes are alleged to have occurred in April and May 2013 in Shawnee County, Kan.
Kearn initially was charged in a criminal complaint filed May 10, 2013, in U.S. District Court in Topeka. An affidavit in support of the complaint alleges the investigation began when an investigator working undercover for the Queensland Police Service in Queensland, Australia, received an email from Kearn. Kearn sent the investigator images of child pornography that were produced by Kearn.
If convicted, he faces a penalty of not less than 15 years and not more than 30 years in federal prison and a fine up to $250,000 on the production charge; a penalty of not less than five years and not more than 20 years and a fine up to $250,000 on the distribution charge and a maximum penalty of 10 years and a fine up to $250,000 on the distribution charge.
ICE Homeland Security Investigations investigated. Assistant U.S. Attorney Christine Kenney is prosecuting.OTHER INDICTMENTS
Steven Michael Gigger, 29, Topeka, Kan., is charged with one count of unlawful possession of a firearm after a felony conviction, one count of unlawful possession of ammunition and one count of unlawful possession of a firearm with the serial number obliterated. The crimes are alleged to have occurred May 19, 2013, in Douglas County, Kan.Gigger was arrested after an incident May 19 in Lawrence, Kan. According to news reports, Lawrence police responded to a disturbance at the bar Club Magic, 804 West 24th St., when they heard gunshots and found a shooting victim on Greever Terrace. According to news reports, a vehicle driven by a second gunshot victim crashed into a police patrol car in the parking lot of a McDonald’s restaurant.
If convicted on the federal charge, Gigger faces a maximum penalty of 10 years in federal prison and a fine up to $250,000 on each count. The Bureau of Alcohol, Tobacco, Firearms and Explosives investigated. Douglas County District Attorney Charles Branson’s office assisted. Assistant U.S. Attorney Greg Hough is prosecuting.
Charles Henderson, Jr., 24, Kansas City, Kan., and Kyser L. Leonard, 40, Kansas City, Kan., are charged with one count of conspiracy to distribute heroin and two counts of distributing heroin within 1,000 feet of the Bethel Neighborhood Center playground in Kansas City, Kan. In addition, Henderson is charged with one count of possession with intent to distribute heroin within 1,000 feet of the Bethel Neighborhood Center and one count of unlawful possession of a firearm by a user of a controlled substance. In addition, Leonard is charged with one count of maintaining a residence in furtherance of drug trafficking at 14 North Tremont in Kansas City, Kan., and two counts of using a telephone in furtherance of drug trafficking. The crimes are alleged to have occurred at various times from Nov. 6, 2012, to May 6, 2013, in Kansas City, Kan.
The government is seeking the forfeiture of $25,139 in proceeds from the alleged crimes.
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.
Distribution: A maximum penalty of 40 years and a fine up to $2 million.
Possession with intent to distribute: Not less than five years and a fine up to $10 million.
Unlawful possession of a firearm by a user of controlled substances: A maximum penalty of 10 years and a fine up to $250,000.
Maintaining a residence in furtherance of drug trafficking: A maximum penalty of 20 years and a fine up to $500,000.
Using a telephone in furtherance of drug trafficking: A maximum penalty of four years on each count and a fine up to $30,000 on each count.The Drug Enforcement Administration investigated. Special Assistant U.S. Attorney Erin Tomasic is prosecuting.
Melissa Jo Brachter, 35, is charged with one count of possession with intent to distribute marijuana and one count of distributing marijuana within 1,000 feet of Ellsworth Junion and Senior High School in Ellsworth, Kan. The crime sare alleged to have occurred April 15, 2013, in Ellsworth County, Kan.
If convicted, she faces a penalty of not less than a year and not more than 20 years and a fine up to $500,000 on the first count and maximum penalty of 20 years and a fine up to $1 million on the second count. The Ellsworth County Sheriff’s Office and the Kansas Highway Patrol investigated. Assistant U.S. Attorney Randy Hendershot is prosecuting.
Gregory A. Madinger, II, Topeka, Kan., is charged with unlawful possession of a firearm after a felony conviction. The crime is alleged to have occurred April 17, 2013, in Shawnee County, Kan.
If convicted, he faces a maximum penalty of 10 years in federal prison and a fine up to $250,000. The Bureau of Alcohol, Tobacco, Firearms and Explosives investigated. Assistant U.S. Attorney Tony Mattivi is prosecuting.
Jose G. Jimenez, 29, Wichita, is charged with five counts of unlawful possession of a firearm after a felony conviction. The crimes are alleged to have occurred May 21, 2013, in Sedgwick County, Kan.
If convicted, he faces a maximum penalty of 10 years in federal prison and a fine up to $250,000 on each count. The Wichita Police Department investigated. Special Assistant U.S. Attorney Michelle Jacobs is prosecuting.
In all cases, defendants are presumed innocent until and unless proven guilty. The indictments merely contain allegations of criminal conduct.Johnson County Man Sentenced for Producing Child PornRead the Press Release
KANSAS CITY, KAN. – A man from Johnson County, Kan., has been sentenced to 30 years in federal prison for producing child pornography, including images of a naked two-year-old boy in a roaster pan in an oven, U.S. Attorney Barry Grissom said today.
The case was part of Operation Hotlina, a major investigation into child exploitation by ICE’s Homeland Security Investigations.Gary Hartwig, special agent in charge of HSI Chicago, which oversees Kansas, said: “To rescue these innocent victims, HSI will relentlessly pursue child predators. Since we began Operation Hotlina a worldwide network of offenders has been, and continues to be, unraveled, including this defendant. Thanks to the determination of HSI special agents, and our law enforcement partners, we have been able to rescue 163 children and arrest 51 perpetrators worldwide.”
Michael D. Arnett, 38, Roeland Park, Kan., pleaded guilty to one count of producing child pornography. In his plea, Arnett admitted that investigators found child pornography on his computer when they served a search warrant May 15, 2012, at his home in Roeland Park.
The case began when Homeland Security seized child pornography including images of victims who appeared to be from the area of Overland Park, Kan. Investigators focused on a water bottle in one of the photos bearing the words “Midwest Aquatics” and a phone number beginning with the 913 area code. Midwest Aquatics is a swim and scuba center located at 7565 W. 160th Street in Overland Park.
With the assistance of teachers at an elementary school in Shawnee Mission, investigators ultimately identified three boys who been photographed at Arnett’s home at 5451 Juniper Drive in Roeland Park. At the time the photos were taken, the boys were 11, 8 and 2 years old.
Grissom commended ICE’s Homeland Security Investigations, the Johnson County Sheriff’s Department and Assistant U.S. Attorney Kim Martin for their work on the case.
Ottawa Woman Sentenced to 18 Years in Fatal Prescription Drug CaseRead the Press Release
KANSAS CITY, KAN. – A woman from Ottawa, Kan., has been sentenced to 18 years in federal prison for her role in a drug trafficking ring tied to the death of a man who died from taking a mixture of prescription drugs, U.S. Attorney Barry Grissom said today.
Tamara Ledom, 37, Ottawa, Kan., pleaded guilty to one count of conspiracy to possess with intent to distribute oxycodone, hydrocodone, methadone, morphine and methamphetamine resulting in the death of a user.
In her plea, she admitted that from Nov. 1, 2007 through Feb. 28, 2012, she was a member of a drug trafficking ring headed by co-defendant Connie Edwards that distributed prescription drugs and other controlled substances in Franklin County, Kan.
On May 10, 2009, a victim who bought drugs from the Edwards' organization, was found unconscious in the living room of his mother's home. He was taken to a hospital and pronounced dead. An autopsy revealed that he died from taking a toxic combination of methadone, hydrocodone and carisoprodol.
Investigators learned that the afternoon before the victim died he purchased hydrocodone, methadone and carisprodal from Ledom and Edwards at Edwards’ residence in Ottawa. Ledom had crushed prescription pills into a powder which was sold to Powell as methamphetamine. Later that evening, the victim purchased prescription pills. Then he injected the substance he believed was methamphetamine – and took the pills – creating a toxic combination that caused his death.
Investigators also documented other incidents in which Ledom sold controlled substances.
Co-defendants include:
Connie Edwards, who was sentenced to 300 months
Brittany Edwards, 20, Ottawa, Kan., who is set for sentencing June 3.
Shirley Price, 45, Ottawa, Kan., who is set for sentencing June 10.
Dustin Price, 24, Ottawa, Kan., who is set for sentencing June 10.
Joel Keith Price, 55, Ottawa, Kan., who is set for sentencing June 10.
Morgan Price, 22, Ottawa, Kan., who was sentenced to 5 years probation with 6 months in the halfway house.
Brandi Bivens, 31, Ottawa, Kan., who is set for sentencing Aug. 19.
Angela Mitchell, 36, Ottawa, Kan., who is set for sentencing July 8.
Florence Edwards, 39, Ottawa, Kan., who was sentenced to 12 months probation.Grissom commended the Franklin County Drug Task Force, the Ottawa Police Department, the Franklin County Sheriff’s Office, the Internal Revenue Service, the Kansas Bureau of Investigation and Assistant U.S. Attorney Sheri McCracken for their work on the case.
Three Arrested in Alleged Scheme to Steal Trailer-loads of GoodsRead the Press Release
WICHITA, KAN. – Three persons from North Hollywood, Calif., have been arrested in an alleged scheme in which semi-trailer loads of goods were stolen from companies in California and an attempt to steal a load of processed beef was made in southwest Kansas, U. S. Attorney Barry Grissom said Wednesday.
Two of the three persons, Oganes Nagapetian, 53, and his wife, Larisa Nagapetian, 46, are scheduled to be arraigned on a federal indictment in the U.S. District Court in Wichita on June 4; the third defendant, Tigran Nagapetian, 50, a brother of Oganes Nagapetian, appeared Tuesday before a U.S. magistrate judge in Los Angeles. He also is scheduled to appear for arraignment in Kansas on June 4. All three are charged in the Kansas federal indictment, Grissom said.
“The defendants are alleged to have engaged in a scheme to steal semi-loads of cargo by pretending to be legitimate freight haulers,” Grissom said. “They are charged with conspiracy, wire fraud and aggravated identity theft. The USDA Office of Inspector General and the FBI, together with their state and local law enforcement partners, are aggressively investigating these cases.”
Grissom said such schemes have become more common across the country in the past few years, and that the large meat packing plants in Kansas – including Dodge City, Liberal, Holcolm and Garden City -- have been targeted on several occasions. A total of seven large plants load dozens of semi-loads per day of packaged meat, which is a commodity that is valuable and relatively easy to sell, he said. A semi-trailer-load of processed beef can be worth $100,000 wholesale, Grissom said. Meat packing plants in Nebraska also have been victimized, he said.
The indictment, which was returned by a federal grand jury in Wichita April 23, alleges that the defendants conspired in November 2011 to steal a load of beef from the Tyson Fresh Meats plant in Holcomb, Kan., and the brothers dropped off a trailer to be loaded, but never came back to pick it up because they thought they were under law enforcement surveillance. In the weeks before the attempted Holcomb theft, loads of shoes, fans and almonds were stolen from three companies in California, according to the indictment.
The indictment alleges that the three conspired to use the identity of a legitimate trucking company in Pennsylvania to bid on hauling the load of Kansas beef to California through a freight broker based in Ohio. Once the hauling contract was awarded, a man allegedly fitting the description of Oganes Nagapetian but using a counterfeit California commercial drivers license in another person’s name dropped off a trailer at the Tyson plant in Holcomb to be loaded. The man never returned, according to the indictment.
The indictment charges all three defendants with conspiracy to commit wire fraud and to steal shipments of freight, which carries a maximum penalty of five years in prison. Oganes Nagapetian and Tigran Nagapetian also are charged with wire fraud, which has a maximum penalty of 20 years in prison, and aggravated identity theft, which has a statutorily-required sentence of two years in prison. In addition, Oganes Nagapetian, a lawful permanent resident from Russia, faces various document fraud charges. Tigran Nagapetian is a naturalized U.S. citizen from Armenia, as is Larisa Nagapetian.
In addition to the USDA OIG and FBI, agencies working on the investigation include Homeland Security Investigations; the Kansas Highway Patrol; the Los Angeles County Sheriff’s Dept. and its “Cargo Cats” unit; the Finney County, Kan., Sheriff’s Dept.; the California Highway Patrol Cargo Theft Interdiction Program; the National White Collar Crime Center; and the National Insurance Crime Bureau. It is being prosecuted by Assistant U.S. Attorney Brent Anderson.
If convicted of the conspiracy count, the defendants face a maximum sentence of five years in prison and a $250,000 fine. Wire fraud carries a maximum of 20 years in prison and a $250,000. Document fraud has a maximum sentence of 15 years in prison, and aggravated identity theft has a mandatory sentence of two years in prison. As in any criminal case, a defendant is innocent unless proven guilty; an indictment merely alleges criminal conduct.Indictment: Former Wichita Police Officer Schemed to Pay Bribe to Save Her JobRead the Press Release
WICHITA, KAN. –A former officer of the Wichita Police Department and two other people have been charged with conspiracy and wire fraud after an internal investigation by police concluded that they were involved in scheme to keep the officer from losing her job, U.S. Attorney Barry Grissom said today. The police department submitted the results of its investigation to the FBI and the U.S. Attorney’s office for review.
Former officer Joletta Vallejo, 34, and her friends, Patrick Melendrez, 40, Wichita, and Courtney Foster, 30, Wichita, are charged with one count of conspiracy to commit wire fraud and seven counts of wire fraud.
The indictment alleges that on Oct. 16, 2011, a woman went to the Patrol North substation in Wichita to report that she had been abducted and beaten by her boyfriend, Larry Edmonds. Vallejo took the report and opened a case of misdemeanor domestic violence.
During the same evening, another man called the police department’s Case Desk, a 24-hour service for the public to report crimes that do not require an officer’s presence to make an arrest or collect evidence. The man said Edmonds, the suspect in the abduction and beating, had robbed him and stolen his car. The man was told to report the crime to a police officer. When the man went to Patrol North to report the car theft, Vallejo refused to take the report and told him to call the Case Desk.
Ultimately, Edmonds was arrested, charged and convicted in Sedgwick County District Court on felony charges of aggravated kidnaping, robbery and attempted first degree murder. The police department’s Professionals Standards Bureau investigated Vallejo’s handling of the initial reports and concluded that she violated departmental policies and regulations.
The indictment alleges that on Aug. 22, 2012, Vallejo knew she was going to be fired. She arranged for co-defendant Patrick Melendrez, to make a call to the man who tried to report the car theft. Melendrez offered to pay the man to change his statements to the police department’s Professional Standards Bureau. Melenrez said he would pay the man $150 to change his statement to make it less likely Vallejo would lose her job – and another $150 if Vallejo was able to keep her job. Then Vallejo, Melendrez and co-defendant Courtney Foster drove to an ATM where Vallejo got cash for Melendrez to pay the bribe.
Melendrez set up a meeting to pay the man to change his statements. Melendrez took a tape recorder to the meeting that Vallejo had given him so he could record the man’s call to police changing his statement. Co-defendant Foster gave Melendrez a ride to the meeting and waited across the street during the meeting.
If convicted, the defendants face a maximum penalty of 20 years in federal prison and a fine up to $250,000 on each count. The Wichita Police Department and the FBI investigated. Assistant U.S. Attorney Debra Barnett is prosecuting.
OTHER INDICTMENTS
A former Wichita area physician who is serving time on supervised release for a drug violation has been indicted on federal charges including possession of controlled substances, U.S. Attorney Barry Grissom said.
A grand jury returned an indictment charging Lawrence M. Simons, 57, Wichita, with one count of possession of controlled substances, one count of unlawful possession of a firearm after a felony conviction and one count of unlawful possession of ammunition after a felony conviction.
In January 2010, Simons, a former employee of the Schneider Medical Clinic in Haysville, Kan., was sentenced to 24 months in federal prison to be followed by three years on supervised release after he pleaded guilty to two counts of unlawfully distributing a controlled substance. In his plea, he admitted he prescribed Fentanyl and that the prescriptions were not issued for a legitimate medical purpose or made in the usual course of medical practice because the person who received the prescription was not his patient.
The new indictment alleges that in August 2008 Simons signed an agreement with the Drug Enforcement Administration to voluntarily surrender his controlled substances privileges. The indictment alleges that in August 2009 he leased three storage units at West Kellogg Stor-Al in Wichita, where he stored personal property and controlled substances including Fentanyl, Actiq, Lortab Elixer, Ketamine, Versed, Midazolam, Brevital Sodium, Diazepam, Stadol and Niravan. The indictment alleges he continued to possess the controlled substances until November 2012 when his access to the storage units was revoked because he stopped making the lease payments.
The indictment also alleges that on April 17, 2013, Simons possessed a .32 caliber pistol and ammunition. Simons initially was charged with that crime in a criminal complaint filed May 10 in U.S. District Court in Wichita.’
If convicted, he faces a maximum penalty of two years in federal prison and a fine up to $250,000 on the drug charge, and a maximum penalty of 10 years and a fine up to $250,000 on each of the two firearms charges. The Bureau of Alcohol, Tobacco and Firearms investigated. Assistant U.S. Attorney Alan Metzger is prosecuting.
John L. Gagliardo, 60, Pittsburg, Kan., and George Washington, 50, Pittsburg, Kan., are charged with two counts of attempted mail fraud and two counts of attempted wire fraud. In addition, Gagliardo is charged with 10 counts of making false statements to the FBI. The crimes are alleged to have occurred in 2010 and 2011 in Crawford County, Kan.
The indictment alleges that while Gagliardo was employed as the 911 Director for Crawford County, Kan., he and Washington, who owned Washington Electronics in Pittsburg, devised a scheme to fraudulently obtain bids to multiple local governments for 911 equipment or storm warning equipment under the name of Washington Electronics. They submitted fraudulent bids using the names of fictitious companies such as K-Communications of Scammon, Kan., and K-Sirens of Scammon, Kan., to make it appear multiple competitive bids had been submitted. In reality, the fictitious bids were always higher in costs than the bids presented by Washington Electronics, ensuring that Washington Electronics would be the winning bidder.
If convicted, they face a maximum penalty of 20 years in federal prison and a fine up to $250,000 on each of the wire fraud and mail fraud charges. In addition, Gagliardo faces a maximum penalty of five years and a fine up to $250,000 on each count of making a false statement to investigators. The KBI and the FBI investigated. Assistant U.S. Attorney Lanny Welch is prosecuting.
John Noon, 65, is charged with one count of armed bank robbery. The indictment alleges that on May 4, 2013, he robbed the Community America Credit Union on Parallel Parkway in Kansas City Kan.
If convicted, he faces a maximum penalty of 25 years in federal prison and a fine up to $250,000. The Kansas City, Kan., Police Department and the FBI investigated. Assistant U.S. Attorney Scott Rask is prosecuting.
Paula J. Sargent, 47, Ransom, Kan., is charged with embezzling funds while working for the U.S. Postal Service. The crime is alleged to have occurred April 23, 2013, in Ness County, Kan.
If convicted, she faces a penalty of up to a year in federal prison on the misdemeanor charge. The USPS - OIG investigated. Assistant U.S. Attorney Alan Metzger is prosecuting.
Dallas E. Izzard, 32, Wichita, Kan., is charged with one count of possession of a firearm in furtherance of drug trafficking, one count of possession with intent to distribute cocaine, one count of possession with intent to distribute marijuana, one count of unlawful possession of a firearm after a felony conviction and one count of unlawful possession of a firearm with an obliterated serial number. The crimes are alleged to have occurred in April and May 2013 in Sedgwick County, Kan.
Upon conviction, the crimes carry the following penalties:
Possession of a firearm in furtherance of drug trafficking: A maximum penalty of five years in federal prison and a fine up to $250,000.
Possession with intent to distribute cocaine: A maximum penalty of 20 years and a fine up to $250,000.
Possession with intent to distribute marijuana: A maximum penalty of five 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.
Unlawful possession of a firearm with an obliterated serial number: Not less than five years and a fine up to $250,000.
The Wichita Police Department investigated. Assistant U.S. Attorney Matt Treaster is prosecuting.Terry L. Wood, 53, Topeka, Kan., is charged with one count of possession with intent to distribute methamphetamine and one count of maintaining a residence in furtherance of drug trafficking at 1549 SW Brunswick Road in Topeka, which is within 1,000 feet of McCarter Elementary School. The crimes are alleged to have occurred in April and May 2013 in Shawnee County, Kan.
If convicted, he faces a maximum penalty of life in prison and a fine up to $20 million on the possession charge and a maximum penalty of life and a fine up to $40 million on the charge of maintaining a residence in furtherance of drug trafficking. The Topeka Police Department, the Kansas City, Kan., Police Department and the Drug Enforcement Administration investigated. Assistant U.S. Attorney Tony Mattivi is prosecuting.
Shawn Turner, 30, is charged with unlawful possession of a firearm after a felony conviction. The crime is alleged to have occurred March 15, 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 Topeka Police Department Patrol Division and the Bureau of Alcohol, Tobacco, Firearms and Explosives investigated. Assistant U.S. Attorney Randy Hendershot is prosecuting.
Ericka Murillo-Aguilar, 32, a citizen of Mexico, is charged with unlawfully re-entering the United States after being deported. She was found May 3, 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 Removal Operations investigated. Assistant U.S. Attorney Brent Anderson is prosecuting.
Leslie Lyle Camick, 57, a citizen of Canada, is charged with one count of mail fraud, five counts of aggravated identity theft, one count of immigration document fraud, one count of making a false statement to the U.S. government, one count of making a false statement on a bank application and one count of bank fraud. The crimes are alleged to have occurred at various times from October 2005 to April 2013 in Sedgwick County, Kan.
Upon conviction, the crimes carry the following penalties:
Mail fraud: A maximum penalty of 20 years in federal prison without parole and a fine up to $250,000.
Aggravated identity theft: A mandatory two years to run consecutively to any underlying sentence and a fine up to $250,000.
Immigration document fraud: A maximum penalty of 15 years and a fine up to $250,000.
Making a false statement to the U.S. government: A maximum penalty of five years and a fine up to $250,000.
Making a false statement on a bank application: A maximum penalty of 30 years in federal prison and a fine up to $250,000.
Bank fraud: A maximum penalty of 30 years and a fine up to $250,000.ICE Homeland Security Investigations investigated. Assistant U.S. Attorney Brent Anderson is prosecuting.
Robert L. White, 31, is charged with one count of unlawful possession of a firearm after a felony conviction and one count of unlawful possession of a sawed off shotgun. The crimes are alleged to have occurred May 21, 2013 in Sedgwick County, Kan.
If convicted, he faces a maximum penalty of 10 years in federal prison and a fine up to $250,000 on the charge of unlawful possession after a felony conviction and a maximum penalty of 10 years and a fine up to $10,000 on the shotgun charge. The Bureau of Alcohol, Tobacco, Firearms and Explosives investigated. Special Assistant U.S. Attorney Michelle Jacobs is prosecuting.
In all cases, defendants are presumed innocent until and unless proven guilty. The indictments merely contain allegations of criminal conduct.Pharmacist's Plea: Kidney Dialysis Patients Received Misbranded DrugsRead the Press Release
TOPEKA, KAN. – A pharmacist from Tennessee has pleaded guilty to substituting a cheaper drug imported from China for the iron sucrose that the Federal Drug Administration has approved for kidney dialysis patients, U.S. Attorney Barry Grissom said today. The misbranded drug was administered to kidney dialysis patients in Kansas.
Robert Harshbarger, Jr., 53, Kingsport, Tenn., who was doing business as American Inhalation Medication Specialists, Inc., pleaded guilty to one count of distributing a misbranded drug and one count of health care fraud. In his plea, he admitted that as a result of the fraud kidney dialysis patients treated by Kansas Dialysis Services, L.C., received iron sucrose that had not been certified by the FDA to meet quality and safety standards.
Although there were no reports of harm to patients, the crime put patients at risk because the FDA cannot assure the safety and effectiveness of products that are not FDA approved and come from unknown sources or foreign locations.
Harshbarger admitted that health care benefit programs paid more than $848,000 for the misbranded iron sucrose he distributed from 2004 to 2009. Harshbarger misrepresented the iron sucrose drug as Venofer, which is the only iron sucrose drug approved by the FDA for both pre-dialysis and post-dialysis patients.
Harshbarger purchased iron sucrose from Chinese companies including Qingdao Shenbang Chemical Company in Qingdao, China, and Shanghai Rory Fine Chemicals Co., Ltd., in Shanghai, China. The iron sucrose from China was cheaper than purchasing Venofer.
Sentencing is set for Nov. 4. Both parties have agreed to recommend a sentence of 48 months in federal prison, restitution of approximately $848,504, a criminal fine of $25,000, and a forfeiture judgment of $425,000 to be paid prior to sentencing.
Grissom commended the Food and Drug Administration, the Dept. of Health and Human Services, Office of Inspector General and Assistant U.S. Attorney Tanya Treadway for their work on the case.
Two Topeka Men Plead Guilty in Separate Armed RobberiesRead the Press Release
TOPEKA, KAN. – Two Topeka men have pleaded guilty to federal charges in separate armed robberies, U.S. Attorney Barry Grissom said today.
Johnnie Lee McCall, 28, Topeka, Kan., pleaded guilty to one count of aiding and abetting commercial robbery and one count of aiding and abetting brandishing a firearm in connection with a March 1, 2013, robbery at a Little Caesars Pizza.
Jordan Christopher Lucas, 26, Topeka, pleaded guilty to one count of commercial robbery and one count of brandishing a firearm in connection with a Feb. 27, 2013 robbery at Baskin Robbins, 4400 S.W. 21st in Topeka.
In his plea, McCall admitted that on March 1, 2013, he was riding in an automobile with co-defendant Alonzo Lax and others when he gave Lax a firearm and directed him to rob the Little Caesars Pizza at 2620 S.W. 6th Street, Suite B, in Topeka. Lax entered the restaurant brandishing the firearm. After taking money from the clerks, Lax got back in the car and the men fled the scene. The men later divided up the money from the restaurant.
Police later recovered the handgun, cash and clothing from the robbery.
McCall is set for sentencing Aug. 19. Both parties have agreed to recommend a sentence of 180 months in federal prison.
Lucas is set for sentencing Sept. 3. He faces a maximum penalty of 20 years in federal prison and a fine up to $250,000 on the robbery charge, and a penalty of not less than seven years and a fine up to $250,000 on the firearm charge.
Co-defendants in the case include:
Alonzo Lax, 26, Topeka, who pleaded guilty to robbery and brandishing a firearm during the robbery at Little Caesars. He is set for sentencing Aug. 13.
David Wigfall, 27, Topeka, who is awaiting trial.Grissom commended the Topeka Police Department, the FBI and Assistant U.S. Attorney Jared Maag for their work on the case.
In all cases, defendants are presumed innocent until and unless proven guilty. The indictments merely contain allegations of criminal conduct.
Topeka Man Pleads Guilty to Firearm ChargeRead the Press Release
TOPEKA, KAN. – A Topeka man has pleaded guilty to a federal firearm charge, U.S. Attorney Barry Grissom said today.
Taron Alonzo Huggins, 24,Topeka, Kan., pleaded guilty to one count of unlawful possession of a firearm after a felony conviction. In his plea, he admitted that the investigation began Jan. 25, 2013, when the Topeka Police Department received a report of a shooting in central Topeka.
Hours after the shooting, police attempted to stop a car carrying Huggins and another man, Michael Whitfield. The vehicle eluded officers by going the wrong way on an off-ramp to Interstate 70. Shortly after officers discontinued the pursuit they were called to an accident at the off ramp involving the car Huggins and Whitfield had occupied.
Officers learned that a .45 caliber pistol had been discarded from the car and left near the scene of the accident. They recovered the gun and arrested Huggins at a restaurant near where the accident occurred. Huggins was prohibited by federal law from possessing a firearm because of a prior felony conviction.
Whitfield was charged separately in Shawnee County District Court.
Huggins is set for sentencing Aug. 19. He faces a penalty of not less than 15 years in federal prison. Grissom commended the Topeka Police Department, the FBI and the Bureau of Alcohol, Tobacco, Firearms and Explosives and Assistant U.S. Attorney Jared Maag for their work on the case.
McPherson County Man Sentenced to 260 Years for Producing Child PornographyRead the Press Release
WICHITA, KAN. – A man from McPherson County, Kan., has been sentenced to 260 years in federal prison for using a 9-year-old child to produce child pornography, U.S. Attorney Barry Grissom said today.
Philip Andra Grigsby, 50, Marquette, Kan., pleaded guilty as charged to eight counts of sexual exploitation of a child, one count of possession of child pornography and one count of unlawful possession of a firearm after a felony conviction.
“I want this sentence to send a message,” said U.S. Attorney Barry Grissom. “The fight against child sexual exploitation and abuse is a top priority for our office.”
Grigsby initially was charged in a criminal complaint filed in July 2012 in U.S. District Court in Wichita. The complaint stated the investigation began in Australia earlier that year when an Australian man was arrested by police in that country. Evidence in that case showed the man had received child pornography over the Internet from other men, including Grigsby in Kansas.
Investigators found email messages sent by Grigsby to the Australian, including attachments with images of child pornography. The name of a middle school was visible on a certificate in one of the photos, which helped investigators identify the location and identity of the victim. Investigators obtained other evidence when they served search warrants at Grigsby’s home. Forensic analysis of the digital media revealed hundreds of still photos and five movies showing the sexual exploitation of the minor victim, as well as other images of child pornography and evidence the defendant used a Web cam to broadcast the abuse to other offenders.
Grissom commended the FBI, the Australian Federal Police, the Marquette Police Department, the Bureau of Alcohol, Tobacco, Firearms and Explosives and Assistant U.S. Attorney Jason Hart for their work on the case.
Wichita Man Sentenced to 10 Years for Distributing Child PornRead the Press Release
WICHITA, KAN. – A Wichita man was sentenced to more than 10 years in federal prison for distributing child pornography, U.S. Attorney Barry Grissom said today.
Deric D. Davin, 34, Wichita, Kan., was sentenced to 121 months in federal prison. He pleaded guilty to one count of distributing child pornography. In his plea, he admitted he used a peer-to-peer file sharing network on the Internet to receive and distribute child pornography. In February 2012, an FBI agent in Tulsa, Okla., downloaded child pornography from Davin’s computer in Wichita.
Grissom commended the FBI and Assistant U.S. Attorney Jason Hart for their work on case.
Topeka Man Charged with Producing Child PornRead the Press Release
TOPEKA, KAN. – A Topeka man has been charged with producing child pornography, U.S. Attorney Barry Grissom said today.
Jonathan Kearn, 38, Topeka, Kan., is charged in a federal criminal complaint filed in U.S. District Court in Topeka with one count of producing child pornography, one count of distributing child pornography and one count of possessing child pornography.
The affidavit in support of the criminal complaint says the investigation began in April 2013 when Kearn is alleged to have contacted an investigator working undercover with the Queensland Police Service in Queensland, Australia. Kearn sent the agent photographs of naked children. After being contacted by Australian police, Homeland Security Investigations (HSI) Cyber Crime Center, Child Exploitation Investigations Unit followed an electronic trail leading to Kearn. Investigators served a search warrant at Kearn’s residence in Topeka and seized child pornography.
If convicted, he faces a penalty of not less than 15 years and not more than 30 years on the charge of producing child pornography, not less than 5 years and not more than 20 years on the charge of distributing child pornography and not more than 10 years on the charge of possessing child pornography. Homeland Security Investigations (HSI) investigated. Assistant U.S. Attorney Christine Kenney is prosecuting.
In all cases, defendants are presumed innocent until and unless proven guilty. The indictments merely contain allegations of criminal conduct.Salina Man Sentenced to 6+ Years on Drug, Gun ChargesRead the Press Release
TOPEKA, KAN. – A Salina man has been sentenced to 78 months in federal prison on drug trafficking and firearms charges, U.S. Attorney Barry Grissom said today.
Chris Alan Martin, 46, Salina, Kan., pleaded guilty to one count of possession with intent to distribute methamphetamine, one count of possession of a firearm in furtherance of drug trafficking and one count of unlawful possession of a firearm after a felony conviction. After investigators arranged to buy methamphetamine from Martin, the I-70 Drug Task Force obtained a search warrant for his residence in Salina. Investigators seized methamphetamine and three handguns. Martin was prohibited by federal law from possessing a firearm following a 2008 felony conviction for possession of methamphetamine.
Grissom commended the I-70 Drug Task Force and Assistant U.S. Attorney Randy Hendershot for their work on the case.
Gang Member Pleads Guilty in Dodge City Racketeering CaseRead the Press Release
WICHITA, KAN. – A member of a Dodge City street gang charged in a federal racketeering case has pleaded guilty, U.S. Attorney Barry Grissom said today.
Russell Worthey, 24, Dodge City, Kan., pleaded guilty to one count of conspiracy to commit racketeering and one count of possessing and discharging a firearm in a crime of violence. In his plea, Worthey admitted he was a member of the Norteno street gang when he was involved in the murder of Israel Peralta on June 8, 2009, in Dodge City. Worthey aided and abetted in the murder as well as an assault with deadly weapons upon the victims.
On the day of the murder, Worthey and co-defendant Anthony Wright were driving around Dodge City in Wright’s car. In a trailer park in the south part of town they ran across a group of Hispanic males at 201 E. McArtor, Lot 24. The males appeared to be members of a rival gang, the Surenos.
Later that day, Worthey, Wright and two other Nortenos went to the trailer park. Worthey was in the front passenger seat and Wright was driving. Two other Nortenos were riding in the back seat. When Wright parked the car, the two Nortenos in the back seat got out and ran toward the Hispanic males at Lot 24, with Worthey and Wright following. The two Nortenos in the lead fired at the men at Lot 24. Israel Peralta was struck several times by the gunfire and died from the injuries. Mariano Sorano also was struck by gunfire. The four Nortenos got back in their car and drove away from the scene.
In his plea, Worthey admitted that as a member of the Nortenos he was part of an ongoing criminal enterprise. The gang used murder, robbery, assault and the threat of violence to protect and expand its operations. He was one of 23 defendants indicted in May 2012 under a federal law called the RICO Act (Racketeering Influenced and Corrupt Organizations Act.
Worthey is set for sentencing July 29. He faces a maximum penalty of 20 years in federal prison and a fine up to $250,000 on the conspiracy charge, and a penalty of not less than 10 years and a fine up to $250,000 on the firearms charged.
Co-defendants who have pleaded guilty include:
– Jason Najera, who was sentenced to 10 years in federal prison.
– Humberto Ortiz, who was sentenced to 46 months.
– Jose Neave, who is set for sentencing July 8.
– Anthony Wright, who is set for sentencing July 8.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.
Former Wichita Area Physician on Supervised Release Charged with Firearm ViolationRead the Press Release
WICHITA, KAN. – A former Wichita area physician who is serving time on supervised release for a drug conviction has been arrested and charged with a federal firearms violation, U.S. Attorney Barry Grissom said today.
Lawrence M. Simons, 57, Wichita, is charged with one count of unlawful possession of a firearm after a felony conviction. An investigator’s affidavit alleges that on April 17, 2013, Simons possessed a .32 caliber pistol that he gave to a bail bondsman as partial payment for bonding him out of jail.
In January, 2010, Simons, a former employee of the Schneider Medical Clinic in Haysville, Kan., was sentenced to 24 months in federal prison to be followed by three years on supervised release after he pleaded guilty to two counts of unlawfully distributing a controlled substance. In his plea, he admitted he prescribed fentanyl and that the prescriptions were not issued for a legitimate medical purpose or made in the usual course of medical practice because the person who received the prescription was not his patient.
An affidavit supporting the firearm charge alleges that in April 2013 an agent of the Bureau of Alcohol, Tobacco, Firearms and Explosives learned that Simons had given a pistol to Steven Woodin, proprietor of S&F Bail Bonds in Wichita. Simons owed Woodin for bonding him out of jail on a $25,000 bond in a Sedgwick County District Court case involving a charge of making a criminal threat.
Under federal law, convicted felons are prohibited from possessing firearms.
If convicted, Simons 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 Alan Metzger is prosecuting.
In all cases, defendants are presumed innocent until and unless proven guilty. The indictments merely contain allegations of criminal conduct.
Topeka Man Pleads Guilty to RobberyRead the Press Release
TOPEKA, KAN. – A Topeka man has pleaded guilty to a federal charge of robbing a commercial store , U.S. Attorney Barry Grissom said today.
Alonzo Nathan Lax, 26, Topeka, Kan., pleaded guilty to one count of robbery and one count of brandishing a firearm in a crime of violence. In his plea, Lax admitted that on March 1, 2013, he participated in the robbery of Little Caesars Pizza at 2620 SW Sixth, Suite B, in Topeka.
Sentencing is set for Aug. 5. He faces a maximum penalty of 20 years in federal prison and a fine up to $250,000 on the robbery charge; and a penalty of not less than seven years, consecutive to the underlying penalty, on the firearms charge.
Co-defendants include:
Johnnie Lee McCall, who is scheduled for a change of plea hearing May 20.
Jordan Christopher Lucas, who is awaiting trial.
David Pierre Wigfall, who is awaiting trial.Grissom commended the Topeka Police Department, the FBI and Assistant U.S. Attorney Jared Maag for their work on the case.
Manhattan Man Pleads Guilty to Armed RobberyRead the Press Release
TOPEKA, KAN. – A man from Manhattan, Kan., has pleaded guilty to taking part in 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.
Indictments: Three Men Failed to Register as Sex OffendersRead the Press Release
TOPEKA, KAN. – Three men have been charged in separate cases in federal court in Kansas with failing to register as sex offenders, U.S. Attorney Barry Grissom said today.
Indictments allege each of the men failed to register as required by the federal Sex Offender Registration and Notification Act.
The National Center for Missing and Exploited Children estimates more than 700,000 sex offenders reside in the United States and more than 100,000 are classified as noncompliant or unregistered. More information is available at the National Sex Offender Public Web Site at www.nsopw.gov
Charged in separate cases were:
Billy Joe Lock, 69, Prairie Village, Kan., who was convicted in San Bernandino, Calif., on a charge of lewd and lascivious acts against a child under 14.
Jermaine Smith, 41, Brookfield, Mo., who was convicted in Wyandotte County District Court of attempted aggravated indecent solicitation of a child.
Bobby Moore, 31, Temple Hills, Maryland, who was convicted in Reno County District Court of aggravated indecent solicitation of a child and aggravated indecent liberties.
If convicted, they face a maximum penalty of 10 years in federal prison and a fine up to $250,000. The U.S. Marshals Service investigated. Prosecuting are Assistant U.S. Attorney Kim Martin and Assistant U.S. Attorney Jason Hart.OTHER INDICTMENTS
Kurt Kingsley, 30; Kyle Falkner, 30; Patricia Dornbrack, 32; and Kimberly Hogan, 36, are charged with conspiring to distribute methamphetamine. The crime is alleged to have occurred April 25, 2013, in Overland Park, Kan.
If convicted, they face a penalty of not less than 10 years in federal prison and a fine up to $10 million. The Drug Enforcement Administration investigated. Special Assistant U.S. Attorney Trent Krug is prosecuting.
Elizabeth Pittman, 51, Kansas City, Kan., is charged with one count of theft of mail by a U.S. Postal Service employee. The crime is alleged to have occurred Jan. 10, 2013, in Johnson County, Kan.
If convicted, she faces a maximum penalty of five years in federal prison and a fine up to $250,000. The U.S. Postal Service - OIG investigated. Assistant U.S. Attorney Chris Oakley is prosecuting.
Marco Antonio Perez-Renya, 23, who is not a citizen of the United States, is charged with unlawfully re-entering the United States after having been deported. He was found April 9, 2013, in Kansas City, Kan.
If convicted, he faces a maximum penalty of 20 years in federal prison and a fine up to $250,000. Immigration and Customs Enforcement investigated. Assistant U.S. Attorney David Zabel is prosecuting.
Allen Omar Hernandez-Maradiaga, 27, a citizen of Honduras, is charged with unlawfully re-entering the United States after being deported. He was found April 30, 2013, in Sedgwick County, Kan.
If convicted, he faces a maximum penalty of two years in federal prison without parole and a fine up to $250,000. ICE - HSI investigated. Assistant U.S. Attorney Brent Anderson is prosecuting.
Alfredo Muniz-Luna, 37, who is not a citizen of the United States, is charged with unlawfully re-entering the United States after being deported. He was found March 18, 2013, in Kansas City, Kan.
If convicted, he faces a maximum penalty of 20 years and a fine up to $250,000. Immigration and Customs Enforcement investigated. Assistant U.S. Attorney Kim Martin is prosecuting.
Jimy Flores, 33, Chicago, Ill., is charged with one count of possession with intent to distribute methamphetamine. The crime is alleged to have occurred April 16, 2013, in Kansas City, Kan.
If convicted, he faces a penalty of not less than 10 years in federal prison and a fine up to $10 million. The FBI investigated. Assistant U.S. Attorney Sheri McCracken is prosecuting.
Michael James Edwards, 35, Lawrence, Kan., is charged with unlawful possession of a firearm after a felony conviction. The crime is alleged to have occurred April 28, 2013, in Lawrence, Kan.
If convicted, he faces a maximum penalty of 10 years in federal prison and a fine up to $250,000. The Lawrence Police Department investigated. Special Assistant U.S. Attorney Erin Tomasic is prosecuting.
Donald G. Copeland, 29, is charged with one count of unlawfully carrying a firearm in furtherance of a drug crime and one count of possession with intent to distribute marijuana. The crimes are alleged to have occurred March 2, 2013, in Leavenworth, 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 firearm charge, and a maximum penalty of five years and a fine up to $500,000 on the drug charge. 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.
Canadian Man Sentenced for Transporting Kansas Girl for SexRead the Press Release
WICHITA, KAN. – A Canadian man has been sentenced to eight years in federal prison for picking up a 12-year-old girl in El Dorado, Kan., and taking her out of state for the purpose of having sex with her, U.S. Attorney Barry Grissom said today.
Stewart Kenneth Cody McGill, 21, Bewdley, Ontario, pleaded guilty to one count of travel with intent to engage in illicit sexual conduct. In his plea, he admitted he drove from Canada to El Dorado, Kan., to pick up a 12-year-old girl and have sex with her. Officers later found McGill and the girl parked on a country road in Michigan. They found text messages on the girl’s cell phone in which McGill indicated he intended to have sex with her and he was aware of her age.
Grissom commended the FBI, the El Dorado Police Department, the Michigan Department of State Police and Assistant U.S. Attorney Jason Hart for their work on the case.
Topeka Men Charged with Making, Possessing Pipe BombRead the Press Release
TOPEKA, KAN. – One Topeka man is charged in a federal indictment with making a pipe bomb and another is charged with possessing a pipe bomb, U.S. Attorney Barry Grissom said today.
Joseph E. Rogers, 35, Topeka, Kan., is charged with one count of making a destructive device. The device is described as a length of metal tubing inserted into a PVC pipe, which was then inserted into a cardboard tube. A length of pyrotechnic fuse was inserted through a hole in the wall of the pipes, and paper and lead end plugs were added along with a quantity of explosives identified as smokeless powder. The indictment says the device was capable of causing serious injury or death to persons near it if it exploded.
Kyle C. Roe, 21, Topeka, Kan., was charged with possessing the device.
The crimes are alleged to have occurred Nov. 13, 2012, in Shawnee County, Kan.
If convicted, they face 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 Richard Hathaway is prosecuting.
In all cases, defendants are presumed innocent until and unless proven guilty. The indictments merely contain allegations of criminal conduct.
Olathe Man Pleads Guilty to Possessing More Than 12,000 Child Porn ImagesRead the Press Release
KANSAS CITY, KAN. – A man from Olathe, Kan., has pleaded guilty to possessing child pornography, U.S. Attorney Barry Grissom said today.
James Christmas, 45, Olathe, Kan., pleaded guilty to one count of possessing child pornography. In his plea, he admitted he possessed more than 12,000 images and 26 videos of child pornography on computer media. The investigation began in September 2010 when his estranged wife told the Olathe Police Department that she found child pornography on computer media belonging to Christmas. Investigators obtained a search warrant and found the images. The National Center for Missing and Exploited Children identified more than 1,300 images of known child victims living outside of Kansas in Christmas’ collection,
Sentencing is set for Aug. 12. Christmas faces a maximum penalty of 10 years in federal prison and a fine up to $250,000. Grissom commended the Olathe Police Department and Assistant U.S. Attorney Kim Martin for their work on the case.
Topeka Man Indicted on Drug, Gun ChargesRead the Press Release
TOPEKA, KAN. – A Topeka man has been indicted on drug trafficking and gun charges, U.S. Attorney Barry Grissom said today.
Michael Richard Rupp, 27, Topeka, Kan., is charged with two counts of possession with intent to distribute methamphetamine, one count of possession of a firearm in furtherance of drug trafficking and one count of unlawful possession of a firearm after a felony conviction. The crimes are alleged to have occurred in 2012 and 2013 in Shawnee County, Kan.
Upon conviction, the crimes carry the following penalties:
Possession with intent to distribute methamphetamine: A maximum penalty of 20 years and a fine up to $1 million on each count.
Possession of a firearm in furtherance of drug trafficking: Not less than five years and a maximum penalty of $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 Bureau of Alcohol, Tobacco, Firearms and Explosives investigated. Assistant U.S. Attorney Randy Hendershot is prosecuting.
Ryan M. Hawley, 24, Winfield, Kan., is charged with one count of unlawful possession of ammunition after a felony conviction. The crime is alleged to have occurred Nov. 14, 2012, in Shawnee County, Kan.
If convicted, he faces a maximum penalty of 10 years in federal prison and a fine up to $250,000. The Bureau of Alcohol, Tobacco, Firearms and Explosives investigated. Assistant U.S. Attorney Richard Hathaway is prosecuting.
Tyrone J. Lewis, Sr., 33, Topeka, Kan., is charged with one count of unlawful possession of ammunition after a felony conviction. The crime is alleged to have occurred Jan. 19, 2013, in Shawnee County, Kan.
If convicted, he faces a maximum penalty of 10 years in federal prison and a fine up to $250,000. The Bureau of Alcohol, Tobacco, Firearms and Explosives investigated. Assistant U.S. Attorney Richard Hathaway is prosecuting.
Bilal Keys, 43, Topeka, Kan., is charged with unlawful possession of a firearm after felony convictions. The crime is alleged to have occurred March 22, 2013, in Shawnee County, Kan.
If convicted, he faces a maximum penalty of 10 years in federal prison and a fine up to $250,000. The Bureau of Alcohol, Tobacco, Firearms and Explosives investigated. Assistant U.S. Attorney Mike Warner is prosecuting.
In all cases, defendants are presumed innocent until and unless proven guilty. The indictments merely contain allegations of criminal conduct.
Seven Wichitans Charged with Mortgage FraudRead the Press Release
WICHITA, KAN. – Seven people in Wichita have been charged in a federal mortgage fraud case, U.S. Attorney Barry Grissom said today.
An indictment unsealed here today alleges the scheme involved straw buyers and straw sellers, false loan applications and false supporting documentation submitted to lenders. Victims of the fraud included numerous banks, the Federal Housing Administration, the Federal Deposit Insurance Corporation (FDIC), the Federal National Mortgage Association (Fannie Mae) and the Federal Home Loan Mortgage Corporation (Freddie Mac).
The following defendants were named in the indictment:
Manjur Alam, 45, Wichita, Kan., who is charged with one count of conspiracy, six counts of wire fraud, one count of bank fraud, one count of making a false statement to the Department of Housing and Urban Development and one count of money laundering.
Janice Young, 26, Wichita, Kan., who is charged with one count of conspiracy, one count of wire fraud and one count of making a false statement to HUD.
Bruce Dykes, 44, Wichita, Kan., who is charged with one count of conspiracy and two counts of wire fraud,
Christopher Ginyard, 27, Wichita, Kan., who is charged with one count of conspiracy and one count of wire fraud,
Henry Pearson, Sr., Wichita, Kan., who is charged with one count of conspiracy and one count of wire fraud.
Henry Pearson, Jr., 28, Wichita, Kan., who is charged with one count of conspiracy and one count of bank fraud.
Steven Pelz, who is charged with one count of conspiracy and one count of wire fraud.The indictment alleges that Alam, whose realtor license had been suspended and who was on probation for a federal conviction, was the leader of the conspiracy. He used straw sellers to purchase homes and flip the properties to straw buyers. He recruited sellers from his homeland of Bangladesh. He lured the straw sellers with promises of quick and easy profits, while he recruited straw buyers with the prospect of using the houses as investments while promising them kickbacks.
The indictment also alleges:
– Alam guided each straw buyer through the purchase process, acting as the buyer and seller agent, even though his realtor license was suspended. He falsely represented his wife as the realtor.
– The defendants were unqualified to receive mortgage loans for the homes they bought and each of them made false statements in their loan applications.
– Alam caused false Verification of Employment information and false Verification of Rent information on straw buyers to be submitted to lenders.
– None of the straw buyers used the homes as their primary residence although each indicated in loan applications that the homes would be a primary residence.
– Alam and the straw buyers submitted false invoices for repairs to title companies for property improvements.
– The proceeds from the fraudulently obtained loans resulted in losses to lenders of more than $221,000.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.
Wire fraud: A maximum penalty of 20 years and a fine up to $250,000 on each count.
Bank fraud: A maximum penalty of 30 years and a fine up to $250,000.
Making a false statement: A maximum penalty of five years and a fine up to $250,000.
Money laundering: A maximum penalty of 10 years and a fine up to $250,000.Investigating agencies included the Internal Revenue Service, Housing and Urban Development - OIG, and the Federal Housing Financing Agency - OIG. Assistant U.S. Attorney Aaron Smith is prosecuting.
In all cases, defendants are presumed innocent until and unless proven guilty. The indictments merely contain allegations of criminal conduct
Grand Jury Returns Indictment Charging Manhattan Physician with Unlawfully Distributing Prescription DrugsRead the Press Release
TOPEKA, KAN. – A grand jury has returned an indictment charging a physician in Manhattan, Kan., with unlawfully distributing prescription drugs, U.S. Attorney Barry Grissom said today.
Physician Michael Schuster, 53, who operates Manhattan Pain and Spine in Manhattan, Kan., is charged with four counts: One count of conspiracy to illegally distribute controlled substances, one count of unlawful distribution of controlled substances, one count of unlawfully distributing controlled substances to a person under 21 years old and one count of maintaining a premises in furtherance of unlawful drug distribution.
The indictment alleges that Schuster employed unlicensed staff members who distributed controlled substances to patients using Schuster’s signature on prescriptions while he was traveling out of the state or out of the country. Schuster was out of the office when a total of 540 patients received prescriptions for medications including oxycodone, morphine, hydromorphone, methadone, oxymorphone, tapentadol, fentanyl, amphetamine, methylphenidate, hydrocodone, alprazolam, clonazepam, diazepam and zolpidem.
Schuster initially was charged in a criminal complaint filed April 23, 2013, in U.S. District Court in Topeka. According to an investigator’s affidavit, the investigation began early in 2012 when the Riley County Police Department received reports that Schuster was issuing prescriptions for high dosages of scheduled drugs based on minimal or cursory physical examinations.
The indictment returned today states that controlled substances may be dispensed and distributed lawfully by means of a prescription that is issued for a legitimate medical purpose by a practitioner acting in the usual course of professional practice. The practitioner must be registered with the Drug Enforcement Administration. Signing a blank prescription and having unauthorized, unlicensed individuals who are not registered with the DEA distribute controlled substances is not a lawful prescription.
The indictment alleges Schuster routinely pre-signed blank prescription forms with the intent that his unlicensed staff members would use them to issue controlled substances to patients while he was not at the clinic.Count 2 of the indictment alleges Schuster caused unlicensed staff using blank prescriptions to distribute controlled substances while he was out of the clinic at various locations including Russia, South Africa, Uruguay, Canada, New York, Chile, Argentina, Brazil and Israel.
Count 3 alleges that on June 16, 2010, Schuster caused oxycodone to be distributed to a person under the age of 21, who is identified in the indictment as Rex V.
Count 4 alleges that from April 2007 to August 2012 Schuster knowingly maintained a premises, his office at 1135 Westport Drive in Manhattan, Kan., for the purpose of unlawfully distributing controlled substances.
The indictment also seeks the forfeiture of all the proceeds from the crimes.
Upon conviction, the crimes carry the following penalties:
Conspiracy: A maximum penalty of 20 years in federal prison and a fine up to $1 million. If death or bodily injury results from the crime, the penalty is not less than 20 years.
Unlawful distribution of controlled substances: A maximum penalty of 20 years in federal prison and a fine up to $1 million. If death or bodily injury results from the crime, the penalty is not less than 20 years.
Unlawful distribution of controlled substances to a person under 21 years old: A maximum penalty of 20 years in federal prison and a fine up to $1 million. If death or bodily injury results from the crime, the penalty is not less than 20 years.
Maintaining drug involved premises: A maximum penalty of 20 years and a fine up to $500,000.Investigating agencies include the Riley County Police Department; the Federal Bureau of Investigation; the Department of Defense, Criminal Investigative Service (DCIS); the Department of Health and Human Services, Office of Inspector General (HHS-OIG); the Drug Enforcement Administration (DEA); the Department of Homeland Security - Homeland Security Investigations (DHS-HSI); and the Diplomatic Security Service (DSS).
In all cases, defendants are presumed innocent until and unless proven guilty. The indictments merely contain allegations of criminal conduct.Wichita Man Sentenced to 10 Years for Bank RobberyRead the Press Release
WICHITA, KAN. – A Wichita man has been sentenced to 10 years in federal prison for bank robbery, U.S. Attorney Barry Grissom said today.
Christopher A. Vangessel, 41, Wichita, Kan., pleaded guilty to one count of bank robbery. In his plea, he admitted that on Feb. 28, 2012, he robbed the UMB Bank branch at 130 N. Market in Wichita. He gave the teller a note directing her to give him money. After he got the money he left the bank.
Surveillance photos taken during the robbery were released to the public and a parole officer identified Vangessel as the robber.
Grissom commended the Wichita Police Department, the FBI and Assistant U.S. Attorney Lanny Welch for their work on the case.
Kansas City Lawyer Sentenced to Five Years for Conspiracy to Launder Drug MoneyRead the Press Release
KANSAS CITY, KAN. – A Kansas City lawyer has been sentenced to five years in federal prison for conspiring to launder drug money of an undercover agent posing as a marijuana dealer, U.S. Attorney Barry Grissom said today.
Ronald E. Partee, 66, Kansas City, Mo., pleaded guilty to one count of conspiracy to commit money laundering and one count of money laundering.
In his plea, Partee admitted he conspired with co-defendants Mendy Read-Forbes, 38, Platte City, Mo., and Laura Shoop, 46, Platte City, Mo. The investigation began in March 2012 when a KBI agent working undercover met Read-Forbes. Read-Forbes was holding herself out as the owner of Forbes & Newhard Credit Solutions, Inc., a nonprofit organization established to provide credit counseling to people who were in bankruptcy proceedings. In fact, she was not the legal owner but exercised control of the company's bank account along with Partee. Shoop was an acquaintance of Read-Forbes who worked at various times for the company.
The KBI agent was posing as a marijuana dealer. Forbes offered to consult with Partee and to devise a scheme to launder the dealer’s drug proceeds. As part of the scheme, Forbes offered to deposit money given to her by the agent she thought was a drug dealer into the bank accounts of Forbes and Newhard Credit Solutions or related companies and then to return the money to the dealer via checks, money orders or wire transfers. The bank accounts were in Kansas.
To make the transactions appear legitimate, Forbes gave the drug dealer a contract titled “Purchase and Sale of Business Agreement.” The contract, bearing the signature of Partee and the drug dealer, made it appear that the marijuana dealer was purchasing assets of FCP, Inc., a corporation controlled by Forbes and Partee.
To make it appear that the drug dealer was engaged in business as a certified credit counselor with Forbes and Newhard Credit Solutions, Forbes gave the drug dealer a certificate saying he had completed training as a bankruptcy specialist.
In addition, Forbes created a fictitious company called Maximum Lawn Care, LLC, and opened bank accounts where cash from the drug dealer was deposited.
Partee was at various times a member of the board of directors for Forbes and Newhard and a signator on FCP's bank accounts. On April 20, 2012, Partee approved two wire transfers from the FCP account that he believed were drug funds. He sent $5,000 to a bank account of Maximus Lawn Care and $5,000 to the bank account of an undercover agent posing as a drug dealer. During a meeting May 25, 2012, at Partee's office, the undercover agent posing as a drug dealer sought advice from Partee concerning where he could store marijuana. During the meeting, which was recorded, Partee engaged in the discussion.
Defendants Read-Forbes and Shoop are awaiting trial. In a separate case, Mendy Read-Forbes and Brian Forbes have been charged with one count of conspiracy to defraud and one count of money laundering.
Grissom commended the Kansas Bureau of Investigation, the U.S. Secret Service, the Internal Revenue Service, the Department of Housing and Urban Development, Assistant U.S. Attorney Chris Oakley and Assistant U.S. Attorney Jabari Wamble for their work on the case.
In all cases, defendants are presumed innocent until and unless proven guilty. The indictments merely contain allegations of criminal conduct.
Dodge City Gang Member Sentenced for Attempted MurderRead the Press Release
WICHITA, KAN. – A member of a Dodge City street gang targeted in a federal racketeering case has been sentenced to 10 years in federal prison for attempted murder, U.S. Attorney Barry Grissom said today.
Jason Najera, 29, Dodge City, Kan., pleaded guilty to one count of attempted murder in furtherance of racketeering. In his plea, Najera admitted that on Aug. 27, 2011, he used a knife to stab two men he mistakenly believed were members of a rival gang.
On that date, Najera accompanied co-defendant Humberto Ortiz when Ortiz went to a residence at 703 9th Avenue in Dodge City. Ortiz and Najera confronted some men they suspected of being members of the Surenos street gang. Ortiz was a member of Los Carnales Chingones and Najera was a member of Diablos Viejos, both of which were associated with the Nortenos street gang and considered Surenos their common enemies.
When a fight started, Najera used a knife to stab victims Gabriel Rivera and Carlos Ramirez. During the fight, both Rivera and Ramirez were stabbed, with Rivera’s injuries requiring a life-flight to a hospital in Wichita.
In his plea, Najera admitted that as a member of the Diablos Viejos he was part of an ongoing criminal conspiracy involving the Nortenos street gang whose members used murder, robbery, assault and acts of violence to protect and expand their operations.
In January, co-defendant Humberto Ortiz was sentenced to 46 months in federal prison.
Najera and Ortiz were among 23 defendants indicted in 2012 who were charged under the federal RICO Act (Racketeering Influenced and Corrupt Organizations Act.) The indictment marked only the second time federal prosecutors in Kansas have filed charges under RICO and VICAR (Violent Crimes in Aid of Racketeering).
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.
Indictment: Airman at McConnell Claimed She Was Commuting from ArizonaRead the Press Release
WICHITA, KAN. – A former Kansas Air National Guard senior airman who was assigned to McConnell Air Force Base in Wichita is charged with fraudulently collecting more than $50,000 in travel reimbursements by claiming she lived in Arizona while she was working at McConnell, U.S. Attorney Barry Grissom said today.
Eledria J. Bradley, 28, Wichita, Kan., is charged with one count of wire fraud. An indictment alleges that Bradley was a member of the Kansas Air National Guard and she lived in Wichita in February 2009 when she received orders to prepare for deployment with the U.S. Air Force effective April 11, 2009.
The indictment alleges Bradley accessed her file via virtual MPF, an online personnel system in which military members can access and change their personal information, and changed her residential address from Wichita to Chandler, Ariz. The change of address placed her outside the commuting distance for McConnell Air Force Base. As a result she received lodging and per diem benefits to which she was not entitled from April 11, 2009, to April 23, 2011, totaling $54,992.
If convicted, she faces a maximum penalty of 20 years in federal prison and a fine up to $250,000. Air Force - OSI investigated. Assistant U.S. Attorney Alan Metzger is prosecuting.
OTHER INDICTMENTS
Oluwafunminiyi A. Adetunji, Wichita, Kan., is charged with four counts of mail fraud, four counts of wire fraud, five counts of aggravated identity theft, and one count of credit card fraud. The crimes are alleged to have occurred in 2010 and 2011 in Sedgwick County, Kan.
The indictment alleges Adetunji fraudulently used names and credit card numbers belonging to other people to purchase a big screen television, a laptop computer and gold coins.
Upon conviction, the crimes carry the following penalties:
Mail fraud: A maximum penalty of 20 years in federal prison and a fine up to $250,000.
Wire fraud: A maximum penalty of 20 years in federal prison and a fine up to $250,000.
Aggravated identity theft: Two years consecutive to the underlying sentence on each count.
Credit card fraud: A maximum penalty of 10 years and a fine up to $250,000.The U.S. Secret Service investigated. Assistant U.S. Attorney Alan Metzger is prosecuting.
Michael M. Smith, 24, Wichita, Kan., is charged with two counts of unlawful possession of a firearm and one count of unlawful possession of ammunition after a felony conviction, one count of unlawful possession of a sawed-off shotgun, one count of possession with intent to distribute marijuana and one count of unlawful possession of a firearm in furtherance of drug trafficking. The crimes are alleged to have occurred in March 2013 in Sedgwick County, Kan.
Upon conviction, the crimes carry the following penalties:
Unlawful possession of a firearm: A maximum penalty of 10 years in federal prison and a fine up to $250,000.
Unlawful possession of ammunition: A maximum penalty of 10 years and a fine up to $250,000.
Unlawful possession of a sawed-off shotgun: A maximum penalty of 10 years and a fine up to $10,000.
Possession with intent to distribute marijuana: A maximum penalty of five years and a fine up to $250,000.
Unlawful possession of a firearm in furtherance of drug trafficking: A penalty of not less than five years and not more than life and a fine up to $250,000.The Wichita Police Department investigated. Assistant U.S. Attorney David Lind is prosecuting.
Edward Garcia, Jr., 31, is charged with one count of unlawful possession of a firearm and one count of unlawful possession of ammunition after a felony conviction. The crimes are alleged to have occurred March 13, 2013, in Finney County, Kan.
If convicted, he faces a maximum penalty of 10 years in federal prison and a fine up to $250,000 on each count. The Garden City Police Department investigated. Assistant U.S. Attorney David Lind is prosecuting.Justin L. Wolke, 30, is charged with one count of unlawful possession of a firearm after a felony conviction and one count of unlawful possession of a firearm by a user of controlled substances. The crimes are alleged to have occurred Jan. 9, 2013, in Hutchinson, Kan.
If convicted, he faces a maximum penalty of 10 years in federal prison and a fine up to $250,000 on each count. The Hutchinson Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives investigated. Assistant U.S. Attorney Lanny Welch is prosecuting.
Tori Scieneaux, 43, Montclair, Calif., is charged with one count of possession with intent to distribute approximately 2.5 kilograms of heroin. The crime is alleged to have occurred April 15, 2013, in Trego County, Kan.
If convicted, he faces a penalty of not less than 10 years and a fine up to $4 million. The Kansas Highway Patrol and the Drug Enforcement Administration investigated. Special Assistant U.S. Attorney Michelle Jacobs is investigating.
Shawn Steele, 53, Wichita, Kan., is charged with one count of possession with intent to distribute crack cocaine and one count of possession with intent to distribute cocaine. The crimes are alleged to have occurred in 2011 and 2012 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 $5 million on the crack cocaine charge, and a maximum penalty of 20 years and a fine up to $1 million on the cocaine charge. The Wichita Police Department and the Drug Enforcement Administration investigated. Special Assistant U.S. Attorney Michelle Jacobs is prosecuting.
Ryan O’Malley, 26, Pittsburg, Kan., and Alexandria Pierce, 23, Pittsburg, Kan., are charged with one count of possession with intent to distribute approximately 53.5 pounds of marijuana, and one count of unlawful possession of a firearm in furtherance of drug trafficking. The crimes are alleged to have occurred Oct. 31, 2011, in Crawford County, Kan.
If convicted, they face a maximum penalty of five years in federal prison and a fine up to $250,000 on the marijuana charge, and a penalty of not less than five years and a fine up to $250,000 on the firearms charge. The Kansas Bureau of Investigation and the Crawford County Sheriff’s Office investigated. Special Assistant U.S. Attorney Michelle Jacobs is prosecuting.
Darrin Walker, 48, Wichita, Kan., and Angela Johnson, 50, Wichita, Kan., are charged with one count of possession with intent to distribute crack cocaine and one count of possession with intent to distribute hydrocodone. In addition, Walker is charged with one count of unlawful possession of a firearm in furtherance of a drug trafficking crime and one count of unlawful possession of a firearm after a felony conviction. The crimes are alleged to have occurred Feb. 15, 2013, in Sedgwick County, Kan.
Upon conviction, the crimes carry the following penalties:
Possession with intent to distribute crack cocaine: Not less than five years and not more than 40 years and a fine up to $2 million.
Unlawful possession of a firearm in furtherance of a drug trafficking crime: Not less than five 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.
Possession with intent to distribute hydrocodone: A maximum penalty of 10 years and a fine up to $500,000.The Wichita Police Department investigated. Special Assistant U.S. Attorney Michelle Jacobs is prosecuting.
Fidel Guerra-Monjaraz, 42, a citizen of Mexico, is charged with unlawfully re-entering the United States after being deported. He was found April 15, 2013, in Sedgwick County, Kan.
If convicted, he faces a maximum penalty of two years in federal prison without parole and a fine up to $250,000. Immigration and Customs Enforcement’s Enforcement and Removal Operations investigated. Assistant U.S. Attorney Brent Anderson is prosecuting.
In all cases, defendants are presumed innocent until and unless proven guilty. The indictments merely contain allegations of criminal conduct.Wichita Tax Preparer Convicted of Filing False ReturnsRead the Press Release
WICHITA, KAN. – A Wichita tax preparer has been convicted on charges of filing false federal income tax returns, U.S. Attorney Barry Grissom said today.
Lata L. Tomlinson, 33, Wichita, Kan., was convicted 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.
Sentencing is set for July 8. She faces a maximum penalty of three years in federal prison and a fine up to $100,000 on each count. Grissom commended the IRS - Criminal Investigation, Assistant U.S. Attorney Matt Treaster and Assistant U.S. Attorney Jason Hart for their work on the case.
Manhattan Physician Charged with Unlawfully Prescribing Prescription DrugsRead the Press Release
TOPEKA, KAN. – A doctor in Manhattan, Kan., has been charged with unlawfully prescribing prescription drugs, U.S. Attorney Barry Grissom said today.
Physician Michael Schuster, 53, who operates Manhattan Pain and Spine in Manhattan, Kan., is charged with one count of conspiracy to illegally distribute controlled substances.
A criminal complaint filed today in U.S. District Court in Topeka alleges that Schuster employed unlicensed staff members who distributed controlled substances to patients using Schuster’s signature on prescriptions while he was traveling out of the state or out of the country. The indictment alleges that Schuster was out of the office when a total of 542 patients received prescriptions for medications including oxycodone, morphine, hydromorphone, oxymorphone, fentanyl, amphetamine salts, tapentadol, methadone, methylphenidate, hydrocodone, diazepam, alprazolam, zolpidem titrate and clonazepam.
According to an investigator’s affidavit, the investigation began early in 2012 when the Riley County Police Department received reports that Schuster was issuing prescriptions for high dosages of scheduled drugs based on minimal or cursory physical examinations. As a result, several patients had overdosed on their medications and Riley County Police were investigating the diversion of prescription drugs. Simultaneously, physicians and hospital staff at Fort Riley voiced concerns to Army Criminal Investigative Division that active duty soldiers and family members who died from overdoses were patients of Schuster. Investigators examined records indicating Schuster prescribed unusually high dosages of scheduled narcotics despite questionable medical necessity and allowed his patients to get early refills of controlled substances.
The affidavit states that in order to prescribe controlled substances in a legal manner a physician must meet with a patient to determine that the medication being prescribed is for a legitimate medical purpose. Only licensed health care professionals including physicians and physician assistants can lawfully issue prescriptions for controlled substances.
Investigators documented various prescriptions bearing Schuster’s signature while he was on trips to Russia, South Africa, Uruguay, Canada, New York, Chile, Argentina, and Israel.
If convicted, he faces a maximum penalty of 20 years in federal prison and a fine up to $1 million. If death or bodily injury results from the crime, the penalty is not less than 20 years. Investigating agencies include the Riley County Police Department; the Federal Bureau of Investigation; the Department of Defense, Criminal Investigative Service (DCIS); the Department of Health and Human Services, Office of Inspector General (HHS-OIG); the Drug Enforcement Administration (DEA); the Department of Homeland Security - Homeland Security Investigations (DHS-HSI); and the Diplomatic Security Service (DSS).
Two Gang Members Plead Guilty in Dodge City Racketeering CaseRead the Press Release
WICHITA, KAN. – Two members of a Dodge City street gang charged in a federal racketeering case have pleaded guilty, U.S. Attorney Barry Grissom said today.
Anthony Wright, 27, Dodge City, Kan., pleaded guilty to one count of conspiracy to commit racketeering and one count of discharging a firearm in a crime of violence. Jose Neave, 23, Dodge City, Kan., pleaded guilty to one count of attempted murder in furtherance of racketeering.
In his plea, Wright admitted he was a member of the Norteno street gang when he was involved in the murder of Israel Peralta on June 8, 2009, in Dodge City. On the day of the killing, Wright and another conspirator were out driving when they noticed a group of Hispanic males in a trailer park in south Dodge City who they believed were members of the rival Sureno gang. Later that day, Wright and three other Nortenos met together and decided to get in the car and go looking for Sureno gang members.
Wright drove the Nortenos to the trailer park and parked the car. Two of the Nortenos in the car with Wright were armed. One had a handgun that looked like a machine gun and the other had a revolver. They got out of the car with guns drawn, ran toward the group of Hispanic males and began firing. Israel Peralta was shot and killed. After the shooting, the four Norteno gang members drove away from the scene.
In his plea, Wright admitted that as a member of the Nortenos he was part of an ongoing criminal enterprise. The gang used murder, robbery, assault and the threat of violence to protect and expand its operations. He admitted that while he was a Norteno he participated in the sale of methamphetamine. Several other Nortenos were active in the sale of methamphetamine at the same time.
In his plea, Jose Neave admitted that he was a member of the Diablos Viejos and was associated with the Nortenos street gang on Aug. 27, 2011, when he and other Nortenos attacked a group of men at 703 9th Avenue in Dodge City. Neave wielded a knife during the fight. Victims Gabriel Rivera and Carlos Ramirez were stabbed during the fight. Rivera’s injuries were life-threatening and required a life-flight to a hospital in Wichita.
Neave admitted that while he was a gang member it was not unusual for him and his fellow gang members to be armed with knives.
Wright is set for sentencing July 8. He faces a maximum penalty of 20 years in federal prison and a fine up to $250,000 on the racketeering charge, and a penalty of not less than 10 years and a fine up to $250,000 on the firearms charge.
Neave is set for sentencing July 8. He faces a maximum penalty of 10 years and a fine up to $250,000 on the racketeering charge.
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.
Man Who Owned Strip Club in Salina, Kan. Sentenced for Tax EvasionRead the Press Release
TOPEKA, KAN. – A man who owned a strip club in Salina has been sentenced to three years federal probation for filing false tax returns and underpaying his federal income taxes, U.S. Attorney Barry Grissom said today. He also was ordered to pay $153,510, the full amount of taxes he owes.
Kirk Roberts, 49, Salina, Kan., pleaded guilty to three counts of filing false income tax returns for tax years 2006, 2007 and 2008. In his plea, he admitted that while he was the owner of Wild, Wild West, Inc., a strip club in Salina, he failed to report cash receipts totaling $537,942. As a result, he underpaid his federal income taxes by $153,510.
The club collected $3 to $5 cash per night per customer for door cover charges. It also collected between $25 and $50 per night in cash for house fees paid by dancers so they could dance on stage, as well as $35 per half hour in cash paid by dancers for using private rooms or “champagne rooms.”
The cash from the fees was not recorded on the business’ cash register. Rather than depositing the cash into the business’ bank account, Roberts deposited the money into a personal account.
Grissom commended the Internal Revenue Service and Assistant U.S. Rich Hathaway for their work on the case.
Topeka Man Sentenced to 30 Years in Federal Prison for Drug TraffickingRead the Press Release
TOPEKA, KAN. – A Topeka man has been sentenced to 30 years in federal prison for trafficking in methamphetamine, U.S. Attorney Barry Grissom said today.
James Justin Woods, 31, Topeka, Kan., was convicted in a jury trial in December 2012 on one count of conspiracy to distribute methamphetamine and one count of distributing methamphetamine.
During trial, prosecutors presented evidence that Woods was part of a drug trafficking organization that operated from December 2010 to June 2011 in the Topeka area. In May 2011, investigators used intercepted telephone calls and other surveillance techniques to monitor Woods as he set up a series of meetings with buyers in which he exchanged drugs for money.
At sentencing, prosecutors noted that Woods had a prior felony conviction in 2004 in Shawnee County District Court for possession with intent to distribute narcotics.
Grissom commended the Topeka Police Department, the Drug Enforcement Administration, Assistant U.S. Attorney Duston Slinkard Assistant U.S. Attorney Jared Maag for their work on the case.
Kansas City, Kan., Man Pleads Guilty to Enticing A California Girl for SexRead the Press Release
KANSAS CITY, KAN. – A man from Kansas City, Kan., has pleaded guilty to using the Internet to entice a 12-year-old girl in California to send him pictures of her naked, U.S. Attorney Barry Grissom said today.
Robert Dobbertin, 40, Kansas City, Kan., pleaded guilty to one count of enticing a minor. In his plea, he admitted that in October 2008 a woman in Orange County, Calif., discovered that her 12-year-old daughter was involved in an on-line relationship with him.
The girl met Dobbertin through the Web site Teenspot.com. Dobbertin sent instant messages to the girl and talked sexually to her on the phone while engaged in masturbation. He asked for and received naked photographs of her. He asked her to perform sexual acts on herself. He sent her a video of himself masturbating and a digital photo of his penis.
When investigators served a search warrant at Dobbertin’s home in May 2009 they seized a computer containing child pornography and the records of two Yahoo! Messenger chats in which Dobbertin talked about his plans to travel to California to visit the girl and expressed a desire to have sex with her.
If convicted, he faces a penalty of not less than 10 years and not more than life in federal prison and a fine up to $250,000. The FBI investigated. Assistant U.S. Attorney Christine Kenney is prosecuting.
Owners of Gun Store/Beauty Shop Sentenced for Firearms ViolationsRead the Press Release
WICHITA, KAN. – A Butler County couple who ran a combined beauty shop and gun store have been sentenced for federal firearms violations, U.S. Attorney Barry Grissom said today.
Jeffrey Eberhart, 51, Augusta, Kan., was sentenced to five years in federal prison. He pleaded guilty to one count of dealing firearms without a license. His wife, Tracey Eberhart, 42, Augusta., Kan., was sentenced to three years on probation including six months house arrest. She pleaded guilty to one count of failing to keep records of firearms transactions.
The Eberharts operated Traceys Dream Weavers Salon And Sporting Goods at 431 State Street in Augusta, Kan. The store advertised that it was “Where Beauty and Bullets Collide.” In his plea, Jeffrey Eberhart admitted that he bought and sold hundreds of firearms at the store and at gun shows from Oct. 1, 2009, to Aug. 22, 2012. Throughout that time, he was not licensed as a federal firearms dealer because he was a previously convicted felon.
In her plea, Tracey Eberhart admitted that while she held a license as a federal firearms dealer she failed to keep records and make reports to the Bureau of Alcohol, Tobacco, Firearms and Explosives on at least 33 firearms transactions.
Grissom commended the Bureau of Alcohol, Tobacco, Firearms and Explosives and Assistant U.S. Attorney Matt Treaster for their work on the case. Other law enforcement agencies that assisted in the case include the Butler County Sheriff’s Department, the Wichita Police Department, the Augusta Police Department, the Kansas Bureau of Investigation and the U.S. Marshals Service.
Two Plead Guilty to Arson That Killed Kansas State ResearcherRead the Press Release
TOPEKA – Two people have pleaded guilty to setting a fire that killed a woman in an apartment complex in Manhattan, Kan., U.S. Attorney Barry Grissom said today.
Patrick Martin Scahill, 20, Manhattan, Kan., and Virginia Amanda Griese, 19, Manhattan, Kan., pleaded guilty to one count each of arson resulting in death.
In his plea, Scahill admitted he started the Feb. 6, 2013, fire at the Lee Crest Apartments at 820 Sunset Avenue in Manhattan that caused the death of Kansas State researcher Vasanta Pallem. Scahill admitted he started the fire in an effort to create a diversion that would prevent police from finding evidence in his residence of an armed robbery and other crimes.
The sequence of events began in the late evening hours of Feb. 5 when Scahill’s associates, Frank Joseph Hanson and Dennis James Denzien, conspired to commit a robbery at Dara’s Fast Lane, a convenience store in Manhattan. Early in the morning hours of Feb. 6, Hanson and Denzien robbed Dara’s Fast Lane. Denzien was the driver. Hanson entered the store brandishing a .22 caliber pistol owned by Scahill.
At about 6 p.m. that day, Riley County Police were dispatched to a disturbance call and knocked on the door of the residence where Scahill lived. Denzien and Hanson also were at the residence when police arrived. After police noticed a strong odor of marijuana from the residence, they told Scahill and the others they were going to seek a warrant to search the residence. Scahill, Denzien and Hanson left the residence while police were working to obtain a warrant.
Meeting together later, Scahill, Denzien, Hanson and Griese discussed the likelihood that police would find narcotics, a firearm and items associated with the robbery at Dara’s Fast Lane once they searched Scahill’s residence. They discussed ways to divert the attention of law enforcement officers long enough for Scahill to re-enter the residence and remove the incriminating evidence.
In the end, Griese, a friend named Gavin Hairgrove, and another person, drove to a Walmart where Griese bought a five-gallon gas can. Then they went to a HyVee gas station where Hairgrove worked and Griese pumped 4.7 gallons of gas into the can. She paid for it with her debit card.
Later, Scahill and Griese drove around looking for something to burn. They chose the Lee Crest Apartments, a three-level, 12-unit apartment complex within sight of Scahill’s apartment. Scahill entered the building. He emptied the contents of the gas can in the lower level hallway, set the fire and left the building.
As the fire burned, a thick, black smoke rose through the building, forcing tenants out of their apartments through windows and out of balconies. Vasanta Pallem was unable to escape the building. She worked her way from her apartment on the top floor of the building to the first floor where she died near the east entrance of the complex. An autopsy showed she died from breathing fumes during the fire. The carbon monoxide saturation in her system was over 50 percent, more than enough to kill her.After setting the fire, Scahill and Griese went to Griese’s apartment where Scahill cleaned up and discarded clothes soaked in gasoline. Hairgrove assisted Scahill in disposing of his shoes, which reeked of gasoline.
Later, investigators looking into the arson received tips that led them to Scahill.
Sentencing is set for July 15. They face a maximum penalty of life in federal prison.
Other defendants include:
Frank Joseph Hanson, 22, Manhattan, Kan., who has pleaded guilty and is set for sentencing July 8.
Dennis James Denzien, 20, Manhattan, Kan., who is awaiting trial.
Gavin Taylor Hairgrove, 29, Manhattan, Kan., who is awaiting trial.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.
Wichita Woman Charged with Selling Knock-Offs of Designer Bags, Jewelry, Sunglasses, ShoesRead the Press Release
WICHITA, KAN. – A woman in Wichita, Kan., has been charged with selling counterfeit merchandise with the labels of famous designers including Prada, Coach, Chanel and Luis Vuitton, U.S. Attorney Barry Grissom said today.
Glenda Sue Morgan, 54, Wichita, Kan., is charged with one count of trafficking in counterfeit goods. Morgan is alleged to have sold the counterfeit goods at a business called The Fabulous Store at 9131 E. 37th North in Wichita.
According to court records, in 2009 investigators obtained information that the store was receiving six or seven packages a month from China. When agents searched the store, they seized 2,590 counterfeit items. The manufacturers’ suggested retail prices of the items if they had been authentic would have been about $1.5 million. Morgan met with agents in January 2011 and signed an abandonment form so that Homeland Security Investigations could dispose of the goods.
In March 2013, agents received information that Morgan had resumed selling counterfeit goods at the store. An undercover agent posing as a shopper visited the store. In a back room, Morgan showed the agent bags, sunglasses and other items with designer names, which she described as “replicas.” The agent purchased $500 worth of counterfeit items including a Chanel bracelet, a pair of Chanel sunglasses with a Chanel case, a Tory Burch wallet, a Michael Kors purse, a Coach purse, a pair of Ugg boots, two Tiffany & Co. bracelets, a Luis Vuitton wallet, a Luis Vuitton purse and a Prada purse.
If convicted, she faces a maximum penalty of 10 years in federal prison and a fine up to $2 million. The Wichita Police Department and ICE-HSI 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.
Indictments: Tax Preparers in KCK, Wichita Filed False Income Tax ReturnsRead the Press Release
KANSAS CITY, KAN. – A woman from Kansas City, Kan., has been charged with preparing fraudulent federal income tax returns for 13 people, U.S. Attorney Barry Grissom said today.
Kelly N. Kittrell, 42, is charged with 13 counts of preparing false and fraudulent income tax returns on forms 1040A and 1040 EZ for other taxpayers. The indictment alleges she falsified information about wages earned, amounts withheld and dependents claimed.
If convicted, she faces a maximum penalty of three years in federal prison and a fine up to $250,000 on each count. IRS - Criminal Investigation investigated. Justice Department Tax Division Trial Attorney Matthew Kluge and Assistant U.S. Attorney Scott Rask are prosecuting.
OTHER INDICTMENTS
Lata L. Tomlinson, 33, Wichita, Kan., is charged in a superseding indictment with 19 counts of preparing false federal income tax returns for a total of 17 people during tax years 2007, 2008 and 2009. The crimes are alleged to have occurred in Sedgwick County, Kan.
Tomlinson initially was charged in an indictment filed in March 2012 in U.S. District Court in Wichita.
The superseding indictment alleges 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.
If convicted, she faces a maximum penalty of three years in federal prison and a fine up to $100,000 on each count. IRS - Criminal Investigation investigated. Assistant U.S. Attorney Matt Treaster is prosecuting.
Jose Del Refugio Sanchez, 23, who is in federal custody in California, and Anabel Sanchez, 33, De Soto, Kan., are charged with one count of conspiracy to possess with intent to distribute methamphetamine. In addition, Anabel Sanchez is charged with maintaining a residence in De Soto, Kan., in furtherance of drug trafficking and one count of making false statements to the Drug Enforcement Administration; and Jose Sanchez is charged with one count of distributing methamphetamine. The crimes are alleged to have occurred during 2012 in De Soto, Kan.
The indictment alleges the defendants conspired with Leslie Kingsley II, Kristy Sherley, Tino Soriano and others to distribute methamphetamine. Those defendants were indicted in 2012.
Upon conviction, the crimes carry the following penalties:
Conspiracy: Not less than 10 years and not more than life and a fine up to $4 million.
Maintaining a residence in furtherance of drug trafficking: A maximum penalty of 20 years and a fine up to $500,000.
Distributing methamphetamine: Not less than 10 years and not more than life and a fine up to $4 million.
Making a false statement: A maximum penalty of five years and a fine up to $250,000.The Drug Enforcement Administration investigated. Assistant U.S. Attorney Sheri McCracken is prosecuting.
James Scott Nickerson, 36, Fort Riley, Kan., is charged with one count of theft of public money, one count of Social Security disability fraud, three counts of wire fraud and three counts of making false statements to the Social Security Administration. The crimes are alleged to have occurred in 2009, 2010 and 2011 in Fort Riley, Kan.
The indictment alleges Nickerson defrauded the Social Security Administration of approximately $71,734 in disability payments by concealing from the agency his true work activity while serving in the U.S. Army.
Upon conviction, the crimes carry the following penalties:
Theft of public funds: A maximum penalty of 10 years in federal prison and a fine up to $250,000.
Social Security disability fraud: A maximum penalty of five years and a fine up to $250,000.
Wire fraud: A maximum penalty of 20 years and a fine up to $250,000 on each count.
Making a false statement: A maximum penalty of five years and a fine up to $250,000 on each count.The Office of the Inspector General for the Social Security Administration investigated. Special Assistant U.S. Attorney Trey Alford is prosecuting.
Mauricio Matias, 32, a citizen of Mexico who has been living in Olathe, Kan., is charged with two counts of using false documents to be employed in the United States, two counts of making false statements to the government, two counts of misusing a Social Security number while employed at Aspen Lawn and Landscape in Olathe, and six counts of aggravated identity theft. The crimes are alleged to have occurred in 2004 and 2010.
Upon conviction, the crimes carry the following penalties:
Using false documents: A maximum penalty of 10 years in federal prison without parole and a fine up to $250,000 on each count.
Making false statements to the government: A maximum penalty of five years and a fine up to $250,000 on each count.
Misusing a Social Security number: A maximum penalty of five years and a fine up to $250,000 on each count.
Aggravated identity theft: A mandatory two years in federal prison and a fine up to $250,000.The Social Security Administration - Office of Inspector General investigated. Assistant U.S. Attorney Brent Anderson is prosecuting.
In all cases, defendants are presumed innocent until and unless proven guilty. The indictments merely contain allegations of criminal conduct.U.S. Attorney: We're Making Progress in Fight Against Sexual AssaultRead the Press Release
By Barry Grissom, U.S. Attorney for the District of Kansas
Over the past 20 years, the percentage of victims of rape and sexual assault who reported the assault to the police has increased from 28.8 percent in 1993 to 50 percent today. This is both an indication of how far we’ve come and a reminder of how far we have to go.
April is Sexual Assault Awareness month and it is a time to reflect on the tremendous achievements we have made since the passage of the Violence Against Women Act (VAWA) 18 years ago. Sexual assault and rape are problems that affect people of every background, ethnicity, age, ability or sexual orientation. Nearly 1 in 5 (18.3 percent) women and 1 in 71 (1.4 percent) men in the United States have been raped at some time in their lives, translating into 22 million women and 1.6 million men.The Violence Against Women Act forever changed the way this nation meets our responsibility to survivors of domestic violence and sexual assault. The Justice Department applauds the recent bipartisan reauthorization of the act. The legislation was signed in March.
The reauthorization of the act expanded the historic legislation that defends the rights of all victims and survivors. The new tribal provisions are of particular importance to all of us at the Justice Department. The act closes jurisdictional gaps that had long compromised American Indian and Alaska Native women’s safety and access to justice. This change supports the sovereignty of tribes and holds perpetrators accountable – a necessary step to reducing violence against native women.The reauthorization also ensures that lesbian, gay, bisexual and transgender survivors have access to the services they need and deserve, enables victims in publicly subsidized housing to stay safe by transferring to a different unit or location and adds protections for college students who have some of the highest rates of rape in the nation.
Across the federal government, we are working to support survivors and to prevent sexual violence. Last year, the Department of Justice modernized the definition of rape used to collect our nation’s crime statistics. This year, the department is working with law enforcement agencies to implement this change and develop new guidelines for investigating sexual assault cases.It is only in working together that we can make a difference and save lives, and the Justice Department will continue to take every possible step to enforce laws protecting victims of violence and to provide resources to aid victim service providers.
Barry Grissom is the United States Attorney for the District of Kansas.
Oklahoma Man Sentenced for Unlawful Sale of Eagle FeathersRead the Press Release
WICHITA, KAN. An Oklahoma man was sentenced Wednesday to a year on federal probation for selling feathers from eagles and hawks covered by a federal law protecting migratory birds, U.S. Attorney Barry Grissom said.
Brian K. Stoner, 33, Ponca City, Okla., pleaded guilty to two misdemeanor counts of violating the federal Lacey Act regarding the commercialization of illegally taken wildlife. In his plea, he admitted that on Feb. 26, 2009, he was in Lawrence, Kan., where he met with an agent of the U.S. Fish and Wildlife Service who was working undercover. Stoner offered to sell the agent parts of a Bald eagle (Haliaeetus leucocephalus), a Golden eagle (Aquila chrysaetos) and a Crested Caracara (Caracara cheriway). Stoner also offered to sell the agent a Native American dance bustle made of rough-legged hawk and ferruginous hawk feathers (Buteo lagopus and Buteo regalis).
While Native Americans are allowed under proper circumstances to have such feathers, the commercialization of such is never allowed. Federal law (Title 16, United States Code, Section 703) prohibits taking, killing or possessing migratory birds.
Feathers seized in the case will be sent to the U.S. Fish and Wildlife Service’s National Eagle Repository in Colorado. The repository provides eagle feathers to Native Americans for use in Indian religious and cultural ceremonies.
For more information, see:
http://www.fws.gov/le/national-eagle-repository.html
Grissom commended the U.S. Fish and Wildlife Service and Assistant U.S. Attorney Randy Hendershot for their work on the case.
Miami County Man Sentenced for Tax EvasionRead the Press Release
KANSAS CITY, KAN. – A Miami County was sentenced Monday to 12 months house arrest and five years on probation for failing to pay income taxes on money he made as a consultant in Iraq, U.S. Attorney Barry Grissom said today.
Gregory S. Light, 43, Louisburg, Kan., pleaded guilty to one count of tax evasion. In his plea, he admitted that while he was a lieutenant colonel in the Kansas Army National Guard he was deployed to Iraq. After his deployment ended, he returned to Iraq to work as a subcontractor with his own company, Lighthouse Consulting.
One contractor wired him a monthly salary and another paid him in cash. Light reported on his tax returns only the salary that was wired to him. With the cash compensation, he bought postal money orders to bring back to the United States when he returned approximately once every three months. He stored the money orders in a safe deposit box and cashed them a little at a time so the bank would not file a report on the transaction.
All told, he failed to report $313,781 in income and failed to pay $81,886 he owed in income taxes.
Grissom commended the Internal Revenue Service, the Defense Criminal Investigative Service (DCIS), the Army Criminal Investigative Division (CID), the Special Inspector General For Iraq Reconstruction (SIGIR) and Assistant U.S. Attorney David Smith for their work on the case.
Man Pleads Guilty in Robbery of Convenience Store in Manhattan, Kan.Read the Press Release
TOPEKA, KAN. – A man has pleaded guilty to robbing a convenience store in Manhattan, Kan., U.S. Attorney Barry Grissom said today.
Frank Joseph Hanson, 22, Manhattan, Kan., pleaded guilty today to one count of brandishing a firearm during a crime of violence. In his plea, Hanson admitted that on Feb. 6, 2013, he robbed Dara’s Fast Lane, a convenience store in Manhattan.
In a related arson case, defendants Patrick Martin Scahill, 20, Manhattan, Kan., and Virginia Amanda Griese, 19, Manhattan, Kan. have scheduled change of plea hearings for 1:30 p.m. April 17 before Judge Julie A. Robinson in U.S. District Court in Topeka.
In Hanson’s case, the Riley County Police Department received a report of a robbery at Dara’s Fast Lane at about 1:21 a.m. on Feb. 6. A masked man brandishing a small revolver demanded money from the register. The robber also tried to force the clerk to use an ATM in the store to withdraw money from the clerk’s bank account. The robber left the store after the clerk swiped his card through the ATM and showed the robber how little money there was in the clerk’s account.
At about 6 p.m. on the same day, Riley County police responded to a report of someone firing a weapon at parked cars. When police contacted the residents, Dennis James Denzien and Patrick Martin Scahill, they smelled marijuana. Police informed Denzien and Scahill that they were going to obtain a warrant to search the residence. After obtaining a warrant, police entered the residence and found clothing matching the description from the robbery at Dara’s. Police obtained a second warrant and found a mask, gloves, a backpack and the firearm used in the robbery, an RG Industries Model RG14 .22 caliber revolver.
Hanson is set for sentencing July 8. Co-defendant Dennis James Denzien is awaiting trial. Hanson faces a penalty of not less than seven years and not more than life and a fine up to $250,000.
In the related arson case, Patrick Martin Scahill and Virginia Amanda Griese, were indicted on one count of arson resulting in a death. The indictment alleges that on Feb. 6, 2013, Scahill and Griese were responsible for a fire at the Lee Crest Apartments, 820 Sunset Ave., in Manhattan. Vasanta Pallem, a 34-year-old postdoctoral researcher at Kansas State University who lived in the apartment complex, died as a result of the fire.
Grissom commended the agencies involved in investigating the two cases 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. He also commended the attorneys who are prosecuting the cases including Assistant U.S. Attorney Jared Maag, Riley County Attorney Barry Wilkerson and Assistant Riley County Attorney Barry Disney.
In all cases, defendants are presumed innocent until and unless proven guilty. The indictments merely contain allegations of criminal conduct.
Judge Sentences Child Porn Defendant to Prison, Takes Restitution for Victims Under AdvisementRead the Press Release
TOPEKA, KAN. – A federal court judge Monday sentenced a Brown County man to five years in federal prison for distributing child pornography and took under advisement claims for restitution from three victims totaling more than $2 million, U.S. Attorney Barry Grissom said today.
Prosecutors urged the judge to order restitution be paid to victims who said being sexually exploited as children had left them with permanent mental, emotional and psychological damage, as well as ongoing costs for therapy, and they continued to suffer from knowing that images of their being abused are widely distributed on the Internet. Defense attorneys argued that the defendant was only one of many users of peer-to-peer software who downloaded, viewed and distributed images of the victims. Prosecutors argued that victims have a right under federal law to restitution in child pornography cases. They cited more than 300 orders for restitution already made to the same victims, whose images were found on other defendants’ computers.
Brandon J. Hollister, 32, Horton, Kan., pleaded guilty to one count of distributing child pornography. In his plea, he admitted he used peer-to-peer file sharing software to download and distribute images of child pornography. An FBI agent in Kansas City downloaded 33 image files and 37 video files from Hollister’s computer. Among those were images in which the victims previously had been identified, including the “Cindy series,” “the Jan-Feb series,” and the “Vicky series.” The victim in the “Cindy series” made a request for restitution of more than $1.2 million. The victim of the “Jan-Feb series” sought $150,000 in restitution. The victim of the “Vicky series” sought more than $734,000 in restitution.
Grissom commended the FBI and Assistant U.S. Attorney Christine Kenney for their work on the case.
Indictment: Police Watched Topeka Woman Try to Pick up Meth at Post OfficeRead the Press Release
TOPEKA, KAN. – A Topeka woman has been charged with trying to pick up a seven-pound package of methamphetamine at a post office, U.S. Attorney Barry Grissom said today.
Maria DeSocorro Martinez, 41, Topeka, Kan., is charged with one count of possession with intent to distribute methamphetamine. The crime is alleged to have occurred March 18, 2013, in Shawnee County, Kan.
Martinez initially was charged in a criminal complaint filed March 19, 2013, in U.S. District Court in Topeka. An agent’s affidavit stated that the Topeka Police Narcotics Squad had Martinez under surveillance on March 18, 2013, when she picked up a package containing methamphetamine at the post office at 2921 Adams in Topeka.
Martinez did not know that earlier investigators had learned the package contained methamphetamine and they had obtained a search warrant. When they opened the package they found it contained seven pounds of methamphetamine.
If convicted, she faces a penalty of not less than 10 years and not more than life and a fine up to $10 million. The Drug Enforcement Administration investigated. Assistant U.S. Attorney Greg Hough is prosecuting.
OTHER INDICTMENTS
Michael Dean Engstrom, Jr., 33, Topeka, Kan., is charged with one count of unlawful possession of a firearm after a felony conviction. The crime is alleged to have occurred Jan. 28, 2013, in Shawnee County, Kan.
If convicted, he faces a maximum penalty of 10 years in federal prison and a fine up to $250,000. The Bureau of Alcohol, Tobacco, Firearms and Explosives investigated. Assistant U.S. Attorney Richard Hathaway is prosecuting.
Steven Harrison, 51, Kansas City, Kan., is charged in a superseding indictment with one count of receiving child pornography and one count of possessing child pornography. The crimes are alleged to have occurred in November 2011 and April 2012 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 FBI investigated. Assistant U.S. Attorney Christine Kenney is prosecuting.
Mark David Davis, 45, Manhattan, Kan., is charged with failing to register under the Sex Offender Registration and Notification Act. The crime is alleged to have occurred from April to November 2012 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.
Tony Dennis, 26, Grandview Plaza, Kan., is charged with one count of unlawful possession of a firearm after a felony conviction. The crime is alleged to have occurred Feb. 3, f2013, in Geary County, Kan.
If convicted, he faces a maximum penalty of 10 years and a fine up to $250,000. The Bureau of Alcohol, Tobacco, Firearms and Explosives investigated. Assistant U.S. Attorney Duston Slinkard is prosecuting.
Ricardo Rivera-Guiterrez, 52, Palm Dale, Calif., is charged with one count of possession with intent to distribute methamphetamine. The crime is alleged to have occurred Jan. 29, 2013, in Shawnee County, Kan.
If convicted, he faces a penalty of not less than 10 years and not more than life and a fine up to $10 million. The Drug Enforcement Administration investigated. Assistant U.S. Attorney Duston Slinkard is prosecuting.
In all cases, defendants are presumed innocent until and unless proven guilty. The indictments merely contain allegations of criminal conduct.St. Marys, Kan., Man Sentenced to 25 Years for Drug TraffickingRead the Press Release
TOPEKA, KAN. – A man from St. Marys, Kan., has been sentenced to 25 years in federal prison for drug trafficking, U.S. Attorney Barry Grissom said today.
Alejandro Oviedo-Tagle, 36, St. Marys, Kan., pleaded guilty to one count of conspiracy to possess with intent to distribute methamphetamine.
Grissom commended Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI) and Assistant U.S. Attorney Greg Hough for their work on the case.