District of Kansas
Press releases recorded for this federal judicial district.
Indictment: Sales of Marijuana Substitute K2 Made Kansas Men More Than $3 MillionRead the Press Release
TOPEKA, KAN. – Three Kansas men who launched a global sales and supply network for a synthetic version of marijuana have been charged with violating the federal Food, Drug and Cosmetic Act, U.S. Attorney Barry Grissom said today.
A 64-page federal indictment alleges the men began selling K2 – named after the second-highest mountain in the world – at a shop in Lawrence, Kan., and quickly expanded the business to encompass a chain of suppliers, retailers, wholesalers and business associates that reached to California; Massachusetts; New Jersey; Portland, Oregon; Las Vegas, Nev.; Indianapolis, Ind.; Argentina; Latvia, Germany, Lithuania, United Kingdom, Ukraine, Netherlands, Canada, Sweden, Singapore, Thailand and Uruguay.
The indictment also alleges the defendants unlawfully smuggled and distributed a Chinese-made diet drug called Que She.
Named in the indictment are:
Bradley Miller, 55, Wichita, Kan., who was part owner of Persephone’s Journey, a retail store in Lawrence, Kan., and Bouncing Bear Botanicals, ostensibly a wholesaler of herbs and botanical products. Bouncing Bear Botanicals was located in the basement of Persephone’s Journey and then moved to a warehouse in Oskaloosa, Kan. Miller developed recipes for K2 and manufactured it.
Clark Sloan, 54, Tonganoxie, Kan., Miller’s brother, who developed and monitored the Bouncing Bear Botanical Web site and worked in marketing and Internet technologies.
Jonathan Sloan, 32, Lawrence, Kan., Clark Sloan’s son, who was co-owner with Miller of Persephone’s Journey and Bouncing Bear Botanicals.Each of them is charged with the following:
One count of conspiracy to distribute a misbranded drug
One count of distributing K2, which is a misbranded drug.
One count of distributing Que She, a misbranded drug.
Eighteen counts of mail fraud.
One count of smuggling Que She into the United States
One count of smuggling K2 out of the United States
One count of smuggling Que She out of the United States
One count of conspiracy to commit money laundering.The indictment alleges:
– The defendants manufactured and distributed K2 as an “all natural product” but it contained synthetic chemicals called JWH Compounds that mimic the effects of the THC in marijuana. Their products also contained solvents, either the alcohol Everclear or acetone, as well as other additives.
– They manufactured and sold at least four types of K2 products: Standard, Citron, Blonde and Summit, with Standard being the least potent and Summit being the most potent, depending on the amount of JWH Compounds that were mixed with herbs. The defendants manufactured the K2 without quality controls, resulting in inconsistent potencies.
– They intended K2 products to be smoked like marijuana by recreational drug users, but they falsely referred to K2 products as aromatic incense and falsely labeled them as “not for consumption.” On Sacred Journey’s Facebook page they promoted what they called “K2 Smoke” as follows: “Ask about our new K2 smoke :) K2 = the second highest peak in the world :) Enjoy your journey!”
– Miller and Jonathan Sloan mailed samples of K2 to retail stores along with brochures and pricing information. They gave out free samples of K2 on what they called “Sample Sundays.”
The indictment quotes from e-mails the defendants sent and received including the following:
– “I made a new batch...If this flies pretty fast, maybe we can make half a million or so real quick and then bail.”
– “We could name the whole line off of mountains. The higher the strength, the higher the mountain.”
– “Big shipments of some weird substance are going to raise lotsa red flags...As soon as they figure out that it gets people high – BOINK – illegal.”
– “I know that money looks good...But I think it is walking a shaky line. Playing one step ahead of the feds is whacked out.”Upon conviction, the crimes carry the following penalties:
Conspiracy: A maximum penalty of five years in federal prison and a fine up to $250,000.
Distributing misbranded K2 or misbranded Que She: A maximum penalty of three years and a fine up to $250,000.
Mail fraud: A maximum penalty of 20 years and a fine up to $250,000 on each count.
Smuggling Que She into the United States: A maximum penalty of 20 years and a fine up to $250,000.
Smuggling Que She or Que She out of the United States: A maximum penalty of 10 years and a fine up to $250,000.
Conspiracy to commit money laundering: A maximum penalty of 20 years and a fine up to $500,000.The Food and Drug Administration investigated. Assistant U.S. Attorney Tanya Treadway is prosecuting.
Pretty Prairie Woman Pleads Guilty to Health Care FraudRead the Press Release
TOPEKA, KAN. – A woman from Pretty Prairie, Kan., who fraudulently received payments from the Kansas Medicaid program to care for her sister with Downs Syndrome has pleaded guilty to federal health care fraud charges, U.S. Attorney Barry Grissom said today.
Lupe Adela Mains, 46, Pretty Prairie, Kan., pleaded guilty to one count of health care fraud and one count of mail fraud. In her plea, she admitted that from Oct. 1, 2007, to March 31, 2009, she received Medicaid funds for providing supportive home care services to her sister even though she had ceased to provide those services. In fact, Mains’ sister was being cared for by another family member in Wichita during that time.
In addition, Mains admitted that she fraudulently continued to collect her sister’s Railroad Retirement Board survivor disability benefits. Mains failed to disclose to the Railroad Retirement Board that her sister was no longer in her care.
Sentencing is set for July 1. The parties have agreed to recommend a sentence of one month incarceration, 13 months community confinement and restitution of $50,242. Grissom commended the Medicaid Fraud And Abuse Division of Kansas Attorney General Derek Schmidt’s office, Special Assistant U.S. Attorney Stefani Hepford and Assistant U.S. Attorney Tanya Treadway for their work on the case.
Wabaunsee County Woman Sentenced for Mortgage FraudRead the Press Release
TOPEKA, KAN. – A woman from Wabaunsee County, Kan., has been sentenced to two years federal probation and ordered to pay a $5,000 fine for mortgage fraud, U.S. Attorney Barry Grissom said today.
Linda Kay Miller, 51, Alma, Kan., pleaded guilty to one count of bank fraud. In her plea, she admitted fraudulently submitting false documents to New Century Bank of Manhattan, Kan., in an effort to obtain a $200,000 mortgage loan. Miller admitted she created documents falsely stating that a $65,000 second mortgage on her home in Wabaunsee County had been paid in full. She filed the false documents with the Wabaunsee County Register of Deeds.
Grissom commended the Wabaunsee County Sheriff’s Department, the FBI and Assistant U.S. Attorney Richard Hathaway for their work on the case.
Spring Hill, Kan., Company Owners Charged with Harboring Undocumented AliensRead the Press Release
KANSAS CITY, KAN. – The owners and managers of a framing company in Spring Hill, Kan., have been charged with harboring undocumented aliens who worked for the company, U.S. Attorney Barry Grissom said today.
An indictment unsealed here today alleges that Advantage Framing knowingly employed undocumented aliens for the purpose of commercial advantage and private financial gain. The company issued checks to crew leaders, who in turn cashed the checks and paid the undocumented workers in cash.
“The indictment alleges the defendants devised a scheme to lower their operating costs and boost their profits by employing undocumented workers,” said U.S. Attorney Barry Grissom. “The company did not pay for Social Security, workers compensation or unemployment insurance benefits for those employees.”
Advantage Framing provided local builders and contractors with engineered floor, pre-built wall panels and roof truss systems, along with onsite framing erection labor. The company had two components. Advantage Framing Systems, Inc., was the umbrella for the framing services and trucking. Advantage Component Systems, Inc., carried out the equipment, lumber, inventory and design functions.
The following defendants are charged in the indictment:
James Humbert, 44, owner of Advantage Framing, who is charged with one count of conspiracy to harbor illegal aliens for commercial advantage and private financial gain, 11 counts of harboring illegal aliens, one count of conspiracy to commit money laundering and 18 counts of money laundering.
Kimberly Humbert, 46, wife of James Humbert and co-owner of Advantage framing, who is charged with one count of conspiracy to harbor illegal aliens for commercial advantage and private financial gain, 11 counts of harboring illegal aliens, one count of conspiracy to commit money laundering and 18 counts of money laundering.
Charles Stevens II, 50, brother of Kim Humbert and part-owner of Advantage Framing, who is charged with one count of conspiracy to harbor illegal aliens for commercial advantage and private financial gain, 11 counts of harboring illegal aliens, one count of conspiracy to commit money laundering and 18 counts of money laundering.
Jose Ramon Caro-Corral, 57, a crew leader for the company, who is charged with one count of conspiracy to harbor illegal aliens for commercial advantage and private financial gain, 11 counts of harboring illegal aliens, one count of conspiracy to commit money laundering, and two counts of money laundering.
Angel Arguello-Plata, 30, a crew leader for the company, who is charged with one count of conspiracy to harbor illegal aliens for commercial advantage and private financial gain, 11 counts of harboring illegal aliens, one count of conspiracy to commit money laundering, and two counts of money laundering.
Dennis Erickson Portillo, 29, a crew leader for the company, who is charged with one count of conspiracy to harbor illegal aliens for commercial advantage and private financial gain, 11 counts of harboring illegal aliens, one count of conspiracy to commit money laundering, and two counts of money laundering.
Jorge Uriel Delgado-Ovalle, 32, a crew leader for the company, who is charged with one count of conspiracy to harbor illegal aliens for commercial advantage and private financial gain, 11 counts of harboring illegal aliens, one count of conspiracy to commit money laundering, and two counts of money laundering.
Advantage Framing System, Inc., which is charged with one count of conspiracy to harbor illegal aliens for commercial advantage and private financial gain, 11 counts of harboring illegal aliens, one count of conspiracy to commit money laundering and 18 counts of money laundering.The indictment alleges James Humbert, Kimberly Humbert, Charles Stevens and the company itself were responsible for hiring undocumented workers for the purpose of lowering the company’s operating costs. The wages the company paid did not include the employer’s share of Social Security payments, workers compensation, or unemployment insurance benefits paid to lawfully employed workers in the construction industry. They placed themselves at a competitive advantage to other builders who did not employ undocumented workers.
The investigation began in March 2012 when the U.S. Department of Homeland Security and the Internal Revenue Service received information that the owners of Advantage Framing and its components employed undocumented workers. To pay the undocumented workers, the company relied on a method in which certain undocumented aliens who served as framing crew leaders obtained proof of insurance coverage. The crew leaders received checks from the company and they were responsible for paying the undocumented workers in their crews. Kim Humbert served as the point of contact from the framing crews for obtaining required liability insurance.
Sometime in 2005, James Humbert told a potential investor in Advantage that he knew of an individual who makes fraudulent identification documents for Advantage’s undocumented workers.
Advantage employed 25 to 33 crews. A framing crew consisted of five or six workers.
Advantage required crew leaders to attend safety training meetings at the main office. At the meetings, additional topics such as how to react if investigators from the Occupational Safety and Health Administration conducted a site inspection were discussed. Workers were instructed to tell OSHA they worked for a sub-contractor and not directly for Advantage.
The indictment alleges that James Humbert and Kim Humbert practiced running a drill in the event that immigration official came to the business. They remarked that the “white guys would have no clue what to do while everyone else ran and hid.”
Upon conviction, the alleged crimes carry the following penalties:
Conspiracy to harbor undocumented aliens: A maximum penalty of five years in federal prison and a fine up to $250,000.
Harboring undocumented aliens: A maximum penalty of five years and a fine up to $250,000 on each count.
Conspiracy to commit money laundering: A maximum penalty of 20 years and a fine up to $250,000.
Money laundering: A maximum penalty of 20 years and a fine up to $250,000 on each count.U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI) and the Internal Revenue Service investigated. Assistant U.S. Attorney Jabari Wamble is prosecuting.
In all cases, defendants are presumed innocent until and unless proven guilty. The indictments merely contain allegations of criminal conduct.
Manhattan Accountant Pleads Guilty to Embezzling More Than $500,000Read the Press Release
TOPEKA, KAN. – An accountant in Manhattan, Kan., has pleaded guilty to embezzling more than $500,000 from the commercial construction company where he worked, U.S. Attorney Barry Grissom said today.
Larry D. Lord, 63, Manhattan, Kan., pleaded guilty to one count of mail fraud and one count of filing a false tax return. In his plea, Lord admitted the crimes occurred from 1995 to 2012 while he worked as an accountant for Cheney Construction Incorporated in Manhattan, Kan.
He used his position to embezzle funds from CCI’s bank account to pay his personal expenses, including his and his wife’s personal credit cards. Lord wrote checks on CCI’s bank account and mailed the checks to a credit card company. To conceal the crimes, he falsified the company’s check register log to make it appear the check was written to a legitimate payee. He wrote checks totaling $535,179. In addition he failed to report the embezzled funds on his federal income tax, resulting in taxes owed for 2006 through 2011 of $103,962.
Sentencing is set for July 1. He faces a maximum penalty of 20 years and a fine up to $250,000 on the mail fraud count and a maximum penalty of three years and a fine up to $250,000 on the income tax charge. Grissom commended the Internal Revenue Service, the FBI, the Pottawatomie County Sheriff’s Office and Assistant U.S. Attorney Christine Kenney for their work on the case.
Wisconsin Man Charged with Taking Part in Cyber-Attack on Koch Industries in WichitaRead the Press Release
WICHITA, KAN. – A Wisconsin man has been charged with taking part in a cyber-attack on Koch Industries in Wichita that was organized by a group called Anonymous, U.S. Attorney Barry Grissom said today.
Eric J. Rosol, 37, Black Creek, Wis., is charged with one count of conspiracy to damage a protected computer and one count of damaging a protected computer. The indictment alleges the following:
In February 2011, a loosely organized group of computer hackers called Anonymous began using Internet Relay Chat (IRC) channels to advertise a dedicated denial of service attack against Koch industries and seeking participants to the attack. Such an attack aims at making a computer resource unavailable to users by saturating the target computer with large numbers of external communication requests. If successful, the attack causes the target computer to be unable to respond or to respond so slowly as to be effectively unavailable to users.
The attack was to be undertaken using a tool known as a “Low Orbit Ion Cannon” that could send a high volume of repeated requests to Koch Web sites.
On Feb. 27, 2011, Anonymous told conspirators to use the Low Orbit Ion Cannon to attack a Koch Industries Web site, “quiltednorthern.com.”
On Feb. 28, 2011, Anonymous told conspirators to attach a Koch Industries Web site, “Kochind.com.” Rosol and others launched Low Orbit Ion Cannon attacks on “Kochind.com.”
As a result of the attack, the Web site “Kochind.com” crashed and was unavailable for legitimate traffic.
If convicted, the defendant faces a maximum penalty of five years in federal prison and a fine up to $250,000 on each count. The FBI investigated. Assistant U.S. Attorney Alan Metzger is prosecuting.
OTHER INDICTMENTS
Maurice Kariuki Gita Waweru, 36, a citizen of Kenya, is charged two counts of failing to depart the United States as ordered and two counts of forcibly resisting agents of Homeland Security. The crimes are alleged to have occurred in January 2013 in Sedgwick County.
If convicted, he faces a maximum penalty of four years in federal prison without parole and a fine up to $250,000 on each count of failing to depart the country as ordered, and a maximum penalty of eight years and a fine up to $250,000 on each count of forcibly resisting. ICE’s Enforcement and Removal Operations investigated. Assistant U.S. Attorney Brent Anderson is prosecuting.
Rigoberto Navarrete-Pena, 33, a citizen of Mexico, is charged with one count of unlawful possession of a firearm by an illegal alien, one count of possessing a stolen firearm, one count of unlawful possession of a firearm by a user of controlled substances and one count of possession of methamphetamine. The crimes are alleged to have occurred March 19, 2013, in Sedgwick County, Kan.
If convicted, he faces a maximum penalty of 20 years in federal prison without parole and a fine up to $250,000 both on the counts of unlawful possession of a firearm by an alien and possession of a stolen firearm. He faces a maximum penalty of a year in prison and a fine up to $1,000 on the misdemeanor methamphetamine charge. The Wichita Police Department investigated. Assistant U.S. Attorney Lanny Welch is prosecuting.
Marcus Sanders, 30, Wichita, Kan., and Christopher Williams, 30, Wichita, Kan., are charged with one count of possession with intent to distribute crack cocaine. In addition, Sanders is charged with one count of unlawful possession of a firearm in furtherance of drug trafficking. The crimes are alleged to have occurred Aug. 2, 2012, in Sedgwick County, Kan.
Upon conviction the crimes carry the following penalties:
Possession with intent to distribute crack: Not less than five and not more than forty years and a fine up to $2 million.
Unlawful possession of a firearm in furtherance of drug trafficking:Not less than five years and a fine up to $250,000.The Wichita Police Department investigated. Special Assistant U.S. Attorney Michelle Jacobs is prosecuting.
William P. Cadle, 49, DeKalb, Texas, is charged with one count of making false statements to a government agency, four counts of loan fraud, and one count of criminal conversion of mortgaged property. The crimes are alleged to have occurred at various times during 2008 through 2012 in Montgomery County, Kan.
The indictment alleges he made false statements in order to qualify for a Farmer Service Agency operating loan and that he overvalued property in order to defraud the First National Bank.
If convicted, he faces a maximum penalty of five years in federal prison and a fine up to $250,000 on the charge of making false statements to the government; a maximum penalty of 30 years and a fine up to $1 million on each count of loan fraud; and a maximum penalty of five years and a fine up to $250,000 on the count of criminal conversion of mortgaged property. The U.S. Department of Agriculture investigated. Assistant U.S. Attorney Aaron Smith is prosecuting.
Leonel Vazquez-Juarez, 40, a citizen of Mexico, is charged with unlawfully re-entering the United States after being deported. He was found March 8, 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. Homeland Security Investigations investigated. Assistant U.S. Attorney Brent Anderson is prosecuting.
Edgar Juarez-Perez, 25, a citizen of Guatemala, is charged with unlawfully re-entering the United States after being deported. He was found March 8, 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’s Enforcement and Removal Operations investigated. Assistant U.S. Attorney Brent Anderson is prosecuting.
Paul David Lieder, 39, Hillsboro, Kan., is charged with one count of Social Security disability fraud. The crime is alleged to have occurred at various times from November 2008 to August 2012 in Marion County, Kan.
If convicted, he faces a maximum penalty of five 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.
L.T. Baker, 54, Wichita, Kan., is charged with is charged with one count of Social Security disability fraud. The crime is alleged to have occurred at various times from 2000 to September 2012 in Sedgwick County, Kan.
If convicted, he faces a maximum penalty of five 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.
Curtis Profit, 31, Wichita, Kan., is charged with one count of unlawful possession of a firearm after a felony conviction. The crime is alleged to have occurred Jan. 24, 2013, in Sedgwick County, Kan.
If convicted, he faces a maximum penalty of 10 years and a fine up to $250,000. The Wichita Police Department investigated. Special Assistant U.S. Attorney Michelle Jacobs is prosecuting.
In all cases, defendants are presumed innocent until and unless proven guilty. The indictments merely contain allegations of criminal conduct.
Two Kansas Men Charged, Dogs Seized in Federal Dog Fighting InvestigationRead the Press Release
KANSAS CITY, KAN. – Two Kansas men have been charged as a result of a federal investigation into organized dog fighting, U.S. Attorney Barry Grissom said today.
Charged in a criminal complaint unsealed Monday in U.S. District Court in Kansas City, Kan., were: Pete Davis, Jr., 38, Kansas City, Kan., and Melvin Robinson, 41, Kansas City, Kan. Both men were charged with one count of buying, selling, delivering or transporting animals for participation in an animal fighting venture.
The complaint alleges Davis and Robinson owned as many as 60 dogs -- mostly 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.
"Dog fighting is not a sport -- it is a crime," said U.S. Attorney Barry Grissom. "Federal law prohibits cruelty to animals on the level of the events that are alleged in these charges."
Grissom 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.
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.If convicted, Davis and Robinson face a maximum penalty of five years in federal prison and a fine up to $250,000.
"In 2008, after the Michael Vick case, Congress increased the punishment for dog fighting," Grissom said. "What was a misdemeanor is now a felony with punishment up to five years."
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.
Federal Charges Filed Against 13 Men as A Result of ATF Undercover Investigation in Kansas City, Kan.Read the Press Release
KANSAS CITY, KAN. – Thirteen men have been charged with federal firearms violations, drug trafficking or other crimes as a result of an ATF undercover investigation in Kansas City, Kan., U.S. Attorney Barry Grissom and ATF Special Agent In Charge Marino Vidoli announced today.
In addition, four other defendants were charged in state district court in Wyandotte County as a result of the investigation.
Investigators seized 46 firearms as well as cocaine, crack, methamphetamine, marijuana, prescription drugs and more than $17,500 in cash.
Seven defendants named in grand jury indictments that have been unsealed so far are:
Filiberto Avalos, 27, ten counts of unlawful possession of a firearm by an alien unlawfully in the United States, ten counts of unlawful possession of a firearm after a felony conviction, one count of distributing cocaine and five counts of distributing methamphetamine.
Marty D. Baskin, 30, one count of unlawful possession of ammunition after a felony conviction.
Rene A. Espinoza, 27, one count of unlawful possession of a firearm by an alien unlawfully in the United States.
Antonio Campos Morales, 30, one count of unlawful possession of a firearm by an alien unlawfully in the United States.
Michael Wuellner, Jr., 27, one count of conspiracy to possess with intent to distribute methamphetamine, one count of distributing cocaine, four counts of unlawfully possessing a firearm after a felony conviction and three counts of distributing methamphetamine,
Jerrade D. Wilhelm, 19, one count of conspiracy to possess with intent to distribute methamphetamine, three counts of distributing cocaine, eight counts of unlawfully possessing a firearm after a felony conviction and two counts of distributing methamphetamine,
Randall J. Chapman, 43, one count of conspiracy to possess with intent to distribute crack cocaine and 13 counts of distributing crack cocaine.Names of six other defendants have not been released.
Upon conviction, the crimes carry the following penalties:
Possession of a firearm by an alien unlawfully in the United States: A maximum penalty of 10 years in federal prison and a fine up to $250,000.
Unlawful possession of a firearm or ammunition after a felony conviction: A maximum penalty of 10 years in federal prison and a fine up to $250,000.
Distributing cocaine: A maximum penalty of 20 years and a fine up to $1 million.
Distributing methamphetamine: Not less than five years and not more than 40 years and a fine up to $5 million.
Unlawful possession of a firearm not registered in the National Firearms Registration and Transfer Record: A maximum penalty of 10 years and a fine up to $250,000.
Conspiracy to possess with intent to distribute methamphetamine: Not less than 10 years and not more than life and a fine up to $10 million.
Conspiracy to possess with intent to distribute crack cocaine: A maximum penalty of 20 years and a fine up to $5 million.
The ATF, the DEA, the Kansas City, Kan., Police Department and the Wyandotte County District Attorney’s Office investigated. Assisting with arrests were Homeland Security Investigations and the U.S. Marshals Service. Assistant U.S. Attorney Terra Morehead and Assistant U.S. Attorney Trent Krug are prosecuting.In all cases, defendants are presumed innocent until and unless proven guilty. The indictments merely contain allegations of criminal conduct.
Mexican National Gets Five Years for Illegal Possession of FirearmRead the Press Release
WICHITA, KAN. – A Mexican national has been sentenced to more than five years in prison for illegal possession of firearms, U.S. Attorney Barry Grissom said today.
Guadalupe Burciaga-Alcantar, 39, lived in Wichita but is from Ojinaga, Mexico. He was arrested in October 2012 after a traffic stop by deputies of the Sedgwick County Sheriff’s Department in which two loaded handguns were recovered from a pickup truck Burciaga was driving. Burciaga admitted to the deputies the firearms were his.
Burciaga pleaded guilty in December to the charge of illegal alien in possession of a firearm. He was sentenced Monday by U.S. District Judge Monti L. Belot to 65 months in a U.S. prison to be followed by deportation to Mexico. The same federal statutes that prohibit felons from possessing firearms also prohibit persons unlawfully in the United States to possess firearms, Grissom said.
“The U.S. Attorney’s office in Kansas aggressively enforces laws that prohibit the unlawful possession of firearms,” Grissom said. “Whether they are felons or have no status in the U.S., if they possess firearms they should expect to be prosecuted and incarcerated.”
Grissom praised the Sedgwick County Sheriff’s office and Homeland Security’s Enforcement and Removal Operations for their investigation of the case and Assistant U.S. Attorney Brent Anderson for his prosecution.Former Credit Union Employee in Dickinson County Sentenced for Embezzling $85,000Read the Press Release
TOPEKA, KAN. – A former employee of a credit union in Dickinson County has been sentenced to two years probation for embezzling $85,000, U.S. Attorney Barry Grissom said today. She also was ordered to pay $85,000 in restitution.
Deborah A. Bomia, 46, Enterprise, Kan., pleaded guilty to one count of embezzlement. In her plea, she admitted the crime occurred from April 30, 2005, to Aug. 8, 2011, while she worked for Enterprise Credit Union in Enterprise, Kan.
Bomia kited checks between accounts in her name at Enterprise Credit Union, creating false and fictitious balances. The embezzlement involved making a large deposit toward the end of the month, which would be included in the general ledger, but the actual deposit would not be sent to the corporate checking account until around the middle of the next month. At the same time, another larger check would be drafted out of Bomia’s credit union checking account. The final deposit to the general ledger was recorded July 29, 2011, in the amount of $85,000. The money was never deposited to the credit union’s corporate account.
Grissom commended the FBI and Assistant U.S. Attorney Rich Hathaway and Assistant U.S. Attorney Christine Kenney for their work on the case.Kentucky Man Sentenced in Counterfeit Credit Card CaseRead the Press Release
TTOPEKA, KAN. – A Kentucky man has been sentenced to 10 months in federal prison to be followed by a year on supervised release after pleading guilty in a counterfeit credit card case, U.S. Attorney Barry Grissom said today.
Craig C. Harris, 38, Louisville, Kentucky, pleaded guilty to one count of unlawful possession of a device for making credit cards. In his plea, Harris admitted that the Kansas Highway Patrol stopped the car he was driving Oct. 29, 2012, in Wabaunsee County, Kan. A search of the car turned up a Custom Card System CCS2300 credit card embossing machine and 11 envelopes containing pre-paid Ready Debit Visa credit cards bearing the names of various individuals. In addition, investigators found four American Express Optima credits cards and one Union Bank Visa card, all bearing Harris’ name. The numbers on the cards were not legitimately issued to Harris.
Grissom commended the Kansas Highway Patrol, the FBI and Assistant U.S. Attorney Richard Hathaway for their work on the case.
Topeka Business Owner Pleads Guilty in Check Kiting SchemeRead the Press Release
TOPEKA, KAN. – A Topeka business owner has pleaded guilty to writing more than 5,000 insufficient fund checks in a check kiting scheme, U.S. Attorney Barry Grissom said today.
John Charles Humpage, III, 48, Topeka, Kan., pleaded guilty to one count of bank fraud. In his plea, he admitted that in 2008 he defrauded the Educational Credit Union, Kaw Valley State Bank and Alliance Bank. Humpage did business under various names including Humpco, Inc., Crescent Limousine, Yellow Cab of Topeka and Wire and Glass Lease, LLC. He carried out a scheme to defraud the banks by exchanging and cross-depositing insufficiently funded checks between two or more of his bank accounts. In that manner, he generated artificially inflated account balances. The check kiting scheme utilized bank system “float” periods for purposes of creating artificially enhanced bank account balances.
From May through August 2008 he exchanged and cross deposited more than 5,000 insufficient checks and created in excess of $78 million in aggregate deposit amounts. Those deposits falsely inflated his bank account balances by more than $600,000.
Sentencing is set for June 10. He faces a maximum penalty of 30 years in federal prison and a fine up to $1 million. Grissom commended the FBI and Assistant U.S. Attorney Richard Hathaway for his work on the case.
Olathe Contractor Pleads Guilty to Tax EvasionRead the Press Release
KANSAS CITY, KAN. – The owner of an Olathe drywall contracting company has pleaded guilty to failing to pay more than $370,000 in federal income taxes, U.S. Attorney Barry Grissom said today.
Marcos Bowman, 41, Olathe, Kan., pleaded guilty to one count of federal tax evasion. In his plea, he admitted he did not file an individual income tax return in 2007, 2008 and 2009 even though the company he owned, BCK Drywall, had gross receipts during those years of more than $7.9 million. Based on bank records and other sources, he owed at least $373,473 dollars in income tax during those years.
Bowman’s company installed drywall on new commercial projects such as hotels and apartments. Bowman paid for his personal expenses out of BCK’s bank accounts. He took actions to avoid taxes including paying for a girlfriend to purchase a $355,000 home in Olathe in her name and then transfer the property to the mother of his children. He also paid for the purchase of several vehicles in his girlfriend’s name.
He also failed to provide subcontractors who did work for his company with Form 1099s so they could report the income they received from him on their own tax returns.
Sentencing is set for June 17. He faces a maximum penalty of five years in federal prison and a fine up to $250,000. IRS Criminal Investigation investigated. Assistant U.S. Attorney Scott Rask is prosecuting.
Wichita Man Sentenced for Intrust Bank Branch RobberyRead the Press Release
WICHITA, KAN. – A Wichita man has been sentenced to 46 months in federal prison for robbing an Intrust Bank branch in a grocery store in west Wichita, U.S. Attorney Barry Grissom said today.
David D. Spenst, 46, pleaded guilty to one count of bank robbery. In his plea, he admitted that on Oct. 15, 2012, Spenst robbed the Intrust Bank branch located inside the Dillon’s grocery store at 10222 W. 21st in Wichita. He entered the bank about 5:42 p.m. and asked to speak to someone about a loan. He told an assistant manager he had a gun and a bomb and offered to show the manager the gun. The manager put money from the teller drawers into a manila envelope, which Spent took with him when he left the bank.
After the Wichita Police Department released video from bank surveillance cameras, investigators received information that Spenst was the robber. He was arrested Oct. 17 while he was staying at the Drury Hotel in Wichita. Investigators recovered cash from the robbery, a realistic looking air pistol, a metal aerosol can covered in black tape to resemble a bomb and a T-shirt bearing the words “Cheese Steak” that Spenst wore during the robbery.
Grissom commended the Wichita Police Department, the FB I and Assistant U.S. Attorney Lanny Welch for their work on the case.
Kansas City Man Sentenced to 15+ YearsFor Robbing Bank with HatchetRead the Press Release
KANSAS CITY, KAN. - A Kansas City, Mo., man was sentenced Tuesday to 188 months in federal prison for robbing an Overland Park bank with a hatchet, U.S. Attorney Barry Grissom said.
Derek T. Brownlee, 35, Kansas City, Mo., pleaded guilty to one count of armed robbery. A criminal complaint filed in July alleged Brownlee was wearing a bandanna over his face and carrying a hatchet on July 1, 2013, when he robbed the Metcalf Bank at 7800 College Boulevard in Overland Park.
The complaint alleged Brownlee jumped the teller’s counter and demanded money. He took cash from a drawer and some personal items from a teller including a Kindle Fire and a cellular telephone. When police officers spotted his car, he led them on a chase at speeds up to 90 miles an hour before being stopped in the 8700 block of Indiana in Kansas City, Mo. He was arrested after he fled from the car on foot.
Grissom commended the FBI, the Overland Park Police Department, the Kansas City, Mo., Police Department and Assistant U.S. Attorney Kim Martin for their work on the case.Former Salina Shop Owner Who Sold Marijuana-Like Drug Sentenced to A Year on Federal ProbationRead the Press Release
WICHITA, KAN. – A former coffee shop owner from Salina, Kan., has been sentenced to a year on federal probation for selling a misbranded product known as Aromatic Potpourri that contained a substance mimicking the active ingredient in marijuana, U.S. Attorney Barry Grissom said today.
Erick Srack, 44, Salina, Kan., pleaded guilty to one count of introducing a misbranded drug into interstate commerce. In his plea, he admitted that while he owned The Grind, a coffee shop in Salina, he sold Aromatic Potpourri, which contained synthetic chemicals generally known as "JWH compounds" that mimicked the effects of THC, the active ingredient in marijuana.
Aromatic Potpourri was intended to be used as a recreational drug that would be smoked. Srack sold the Aromatic Potpourri in zip lock plastic bags with a paper label. The label did not list JWH Compounds among the ingredients.
The U.S. Food and Drug Administration is the federal agency charged with enforcing federal health and safety laws pertaining to drugs sold for human use. The federal Food, Drug and Cosmetic Act requires that drugs be labeled so that a layperson can administer the drug safely for the purposes for which it is intended. The FDA considers street drug alternatives like Aromatic Potpourri to be unapproved new drugs and misbranded drugs that violate the FDCA.
Srack is serving a sentence in state prison in Kansas after being convicted in state district court of selling illegal drugs.
Grissom commended the FDA and Assistant U.S. Attorney Tanya Treadway for their work on the case.
Two Indicted on Federal Charges of Unlawful Sale of Eagle FeathersRead the Press Release
TOPEKA, KAN. – Ruben Dean Littlehead, 38, Lawrence, Kan., and Brian K. Stoner, 32, Ponca City, Okla., are charged with unlawfully selling feathers from eagles and hawks covered by a federal law protecting migratory birds, U.S. Attorney Barry Grissom said today. The crimes are alleged to have occurred in Douglas County, Kan.
Federal law (Title 16, United States Code, Section 703) prohibits taking, killing or possessing migratory birds. The U.S. Fish and Wildlife Service maintains a National Eagle Repository in Colorado for the purpose of providing 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
The indictment alleges:
On Sept. 15, 2008, Littlehead sold a bustle made with 68 feathers from a Golden eagle (Aquila chrysaetos).
On Nov. 22, 2008, Littlehead sold 11 tail feathers and a wing from a Golden eagle (Aquila chrysaetos).
On Feb. 26, 2009, Littlehead and Stoner offered for sale parts of a Bald eagle (Haliaeetus leucocephalus), a Golden Eagle (Aquila chrysaetos), and a Crested Caracara (Mexican Eagle, Caracara cheriway). They sold a tail feather fan made from feathers of a Bald eagle.
On Feb. 26, 2009, they sold a bustle made of feathers of a rough-legged hawk and ferruginous hawk (Bueto lagopus and Buteo regalis).
If convicted, they face a maximum penalty of five years in federal prison and a fine up to $250,000 on each count. The U.S. Fish and Wildlife Service investigated. Assistant U.S. Attorney Randy Hendershot is prosecuting.
OTHER INDICTMENTS
Robert Eugene Gibson, 26, who is being held in the Shawnee County Jail, is charged with one count of bank robbery. The indictment alleges that on Feb. 22, 2013, he robbed the Lyndon State Bank at 1535 S.W. Fairlawn Road in Topeka.
If convicted, he faces a maximum penalty of 20 years in federal prison and a fine up to $250,000. The FBI investigated. Assistant U.S. Attorney Jared Maag is prosecuting.
John Duncan, 52, Topeka, Kan., is charged with one count of bank fraud and one count of money laundering. The crimes are alleged to have occurred in Douglas County, Kan. in April 2008. The indictment alleges that Duncan, who at the time was the Chief Financial Officer of Schmidt Builders Supply, Inc., and a member in Blue Jay Properties L.L.C., provided false information to University National Bank of Lawrence, Kan., to support a $15.2 million construction loan to Blue Jay Properties. Blue Jay properties was formed to develop the Quinton Pointe Apartments project in Junction City, Kan., and the loan was for the purpose of funding the apartment project. It is alleged that Duncan and the members in Blue Jay Properties needed to provide $1.225 million in collateral and that Duncan wrote a letter to UNB falsely representing that all the lumber for the project, representing collateral for the loan, was prepaid in full and being held by Schmidt Builders. The money laundering charge alleges Duncan made a wire transfer of the money obtained through the bank fraud.
If convicted, he faces a maximum penalty of 30 years and a fine up to $1 million on the bank fraud count; and a maximum penalty of 10 years on the wire fraud count. The Internal Revenue Service, Criminal Investigations Division; Federal Deposit Insurance Corporation, Office of Inspector General; Federal Reserve Board, Office of Inspector General; and U.S. Department of Labor, investigated. Assistant U.S. Attorney Duston Slinkard is prosecuting.
Taron Alonzo Huggins, 24, who is being held in the Shawnee County Jail, is charged with one count of unlawful possession of a firearm after a felony conviction. The crime is alleged to have occurred Jan. 25, 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 FBI investigated. Assistant U.S. Attorney Jared Maag is prosecuting.
John T. Arlett, 43, Florissant, Mo., is charged with one count of possession with intent to distribute more than 100 kilograms of marijuana. The crime is alleged to have occurred Dec. 19, 2012, in Wabaunsee County, Kan.
If convicted, he faces a penalty of not less than five years and not more than 40 years in federal prison and a fine up to $5 million. The Drug Enforcement Administration investigated. Assistant U.S. Attorney Duston Slinkard is prosecuting.
Juan D. Morales, 26, is charged with one count of unlawful possession of a firearm after a felony conviction and one count of knowingly possessing a stolen firearm. The crimes are alleged to have occurred March 7, 2010, in Ford 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 Ford County Sheriff’s Office and the Bureau of Alcohol, Tobacco, Firearms and Explosives investigated. Assistant U.S. Attorney Lanny Welch is prosecuting.
Carlos Gonzalez-Gonzalez, 55, a citizen of Mexico, is charged with unlawfully re-entering the United States after being deported. He was found Feb. 4, 2013, in Sedgwick County, Kan.
If convicted, he faces a maximum penalty of 20 years and a fine up to $250,000. ICE’s Enforcement and Removal Operations investigated. Assistant U.S. Attorney Lanny Welch is prosecuting.
Alfredo Cruz-Nino, 24, a citizen of Mexico, is charged with two counts of unlawful possession of a firearm by an illegal alien, one count of possession with intent to distribute marijuana and one count of unlawfully re-entering the United States after being deported. He was found Feb. 13, 2013, in Sedgwick County, Kan.
Upon conviction, the crimes carry the following penalties:
Unlawful possession of a firearm by an illegal alien: A maximum penalty of 10 years in federal prison without parole and a fine up to $250,000 on each count.
Possession with intent to distribute marijuana: A maximum penalty of 20 years and a fine up to $250,000.
Unlawful re-entry: A maximum penalty of two years and a fine up to $250,000.ICE’s Fugitive Operations investigated. Assistant U.S. Attorney Brent Anderson is prosecuting.
Rosendo Lopez-Rojas, 32, a citizen of Mexico, is charged with unlawfully re-entering the United States after being deported. He was found Feb. 27, 2013, in Sedgwick County, Kan.
If convicted, he faces a maximum penalty of two years in federal prison and a fine up to $250,000. ICE’s Enforcement and Removal Operations investigated. Assistant U.S. Attorney Brent Anderson is prosecuting.
In all cases, defendants are presumed innocent until and unless proven guilty. The indictments merely contain allegations of criminal conduct.
Wichita Man Charged with Bank RobberyRead the Press Release
WICHITA, KAN. – A Wichita man has been charged with bank robbery, U.S. Attorney Barry Grissom said today.
Billy L. Wilson, 52, Wichita, Kan., is charged with one count of bank robbery. A criminal complaint filed in U.S. District Court in Wichita alleges that on March 1 Wilson robbed the Commerce Bank at 456 N. Main in Wichita. The complaint alleges that Wilson entered the bank about 10:20 a.m. on March 1. He handed a teller a demand note saying, “This is a robbery. I have a gun. Give me the money,” or words to that effect.
After bank surveillance photos of the robbery were made public, police received a tip that the robber was known from participating in a drug recovery program. On March 1, officers of the Wichita Police Department tracked the robber to a residence in the 800 block of South Hydraulic but he was not at home. They called his cellular phone number. Later in the day he turned himself in at the Sedgwick County Jail.
If convicted, he faces a maximum penalty of 20 years in federal prison and fine up to $250,000. The Wichita Police Department and the FBI investigated. Assistant U.S. Attorney Lanny Welch is prosecuting.
Ottawa Woman Sentenced to 25 Years for Running Prescription Drug Trafficking RingRead the Press Release
KANSAS CITY, KAN. – An Ottawa, Kan., woman has been sentenced to 25 years in federal prison for running a prescription 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.
Connie Edwards, 61, Ottawa, Kan., pleaded guilty to one count of conspiracy to possess with intent to distribute prescription drugs. In her plea, she admitted that from Nov. 1, 2007, to Feb. 28, 2012, she conspired with others to distribute oxycodone, hydrocodone, methadone, morphine and other prescription drugs in Ottawa.
An investigation began early in 2010 when the Franklin County Drug Enforcement Unit received information that people working for Edwards were distributing prescription drugs in Ottawa. Sources told investigators Edwards rented to people who paid her in prescription pills and she accepted stolen property in payment for pills.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 went to Edwards' house, where he bought a white powder he was told was methamphetamine. In fact, one of Edwards' associates produced the powder by crushing prescription pills including hydrocodone, methadone and carisoprodol. Edwards was present when the victim bought the drugs, but the associate handled the sale. Later that evening, the victim purchased prescription pills from Edwards, who delivered the pills to the victim in a van outside the Hidden Meadows apartment complex in Ottawa. The victim then took the pills and injected the substance he believed was methamphetamine, creating a toxic combination that caused his death.
Investigators documented numerous incidents in which Edwards and her associates sold prescription drugs.
Co-defendants include:
Brittany Edwards, 20, Ottawa, Kan., who is set for sentencing May 6. Shirley Price, 45, Ottawa, Kan., who is set for sentencing June 10.
Dustin Price, 24, Ottawa, Kan., who is set for sentencing May 6.
Joel Keith Price, 55, Ottawa, Kan., who is set for sentencing May 6.
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 July 22.
Angela Mitchell, 36, Ottawa, Kan., who is set for sentencing April 29.
Tamara Ledom, 37, Ottawa, Kan., who is set for sentencing May 28.
Florence Edwards, 39, Ottawa, Kan., who is set for sentencing April 15.Grissom commended the Franklin County Drug Task Force, the Drug Enforcement Administration, 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.
Four Topeka Man Charged in RobberiesRead the Press Release
TOPEKA, KAN. – Four Topeka men have been charged in a series of commercial robberies, U.S. Attorney Barry Grissom said today.
Charged are:
Johnnie Lee McCall, 28, Topeka, Kan., who is charged with three counts of commercial robbery and two counts of brandishing a firearm during robberies.
Jordan Christopher Lucas, 26, Topeka, Kan., who is charged with two counts of commercial robbery and one count of brandishing a firearm during a robbery.
Alonzo Nathan Lax, 26, Topeka, Kan., who is charged with two counts of robbery and two counts of brandishing a firearm during robberies.
David Pierre Wigfall, 22, Topeka, Kan., who is charged with one count of robbery and one count of brandishing a firearm during a robbery.The indictment alleges that:
On Feb. 12, McCall and Lucas robbed the Dollar General store at 1001 SW Fairlawn Road in Topeka.
On Feb. 27, McCall, Lucas and Lax robbed the Baskin Robbins at 4400 SW 21st Street in Topeka. They allegedly brandished firearms during the robbery.
On March 1, McCall, Lax and Wigfall robbed Little Caesars at 2620 SW Sixth, Suite B, in Topeka. They allegedly brandished firearms during the robberies.Upon conviction, the crimes carry the following penalties:
Commercial robbery: A maximum penalty of 20 years in federal prison and a fine up to $250,000 on each count.
Brandishing a firearm during a crime of violence: A penalty of not less than seven years and not more than life and a fine to $250,000 pm each count.The Topeka Police Department and the FBI investigated. Assistant U.S. Attorney Jared Maag is prosecuting.
Olathe Man Sentenced on Charge of Failing to File Federal Currency ReportsRead the Press Release
KANSAS CITY, KAN. – A man from Olathe, Kan., has been sentenced to 21 months in federal prison for failing to file federal currency transaction reports, U.S. Attorney Barry Grissom said today.
Pedro R. Padilla, 46, Olathe, Kan., pleaded guilty to 10 counts of willfully failing to file currency reports. A criminal information filed in June 2012 in U.S. District Court in Kansas City, Kan., alleged that the transactions occurred at Novedades El Guero, an Olathe business engaged in check cashing. The information alleged Padilla failed to make reports on 10 transactions that took place in 2011 ranging from $10,541 to $44,840.
Grissom commended the Internal Revenue Service, Criminal Investigation, and Assistant U.S. Attorney Jabari Wamble for their work on the case.
Optometrist from Derby, Kan., Pleads Guilty to Wire FraudRead the Press Release
WICHITA, KAN. – An optometrist from Derby, Kan., has pleaded guilty to wire fraud in a scheme to collect more than $500,000 in pay for eye exams that were never performed, U.S. Attorney Barry Grissom said today.
Wade D. Abbey, 47, Derby, Kan., pleaded guilty to five counts of wire fraud. An indictment filed in March 2012 alleged that Abbey and his wife, Mindy L. Abbey, both of whom were optometrists, worked for Visions Doctors of Optometry. They were paid an hourly wage and additional fees for each full eye exam they conducted. He 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.
Sentencing is set for May 16, 2013. He faces a maximum penalty of 20 years in federal prison and a fine up to $250,000 on each count, as well as an order to pay restitution.
Co-defendant Mindy Abbey is awaiting trial.
Grissom commended the FBI and Assistant U.S. Attorney Debra Barnett for their work on the case.
Leavenworth Woman Sentenced for Collecting Disability Benefits While WorkingRead the Press Release
KANSAS CITY, KAN. – A woman from Leavenworth, Kan., has been sentenced to a year and a day in prison for fraudulently collecting disability benefits while working in federal and state jobs, U.S. Attorney Barry Grissom said today. She also was ordered to pay $76,875 in restitution.
Tya Dejuan Tiller, 38, Leavenworth, Kan., pleaded guilty to one count of Social Security fraud and one count of theft of public funds.
In her plea, Tiller admitted that beginning in September 2003 she applied for and received Social Security Disability Insurance Benefits claiming a disabling condition. She continued to receive benefits while working in 2005, 2006 and 2007 for the Veterans Administration as a contract representative for VA beneficiaries, and in 2007, 2008 and 2009 as a human services specialist for the Kansas Department of Social and Rehabilitation Services. She did not report to the Social Security Administration that she was working, which she was required to do under the rules of the program.
Tiller also admitted that while working as a caseworker for the Kansas Dept. of Social and Rehabilitation Services, she put false information in the records of at least four individuals who were no longer eligible for food stamp benefits in order to convert to her own use $11,234.
Grissom commended the Social Security Administration’s Office of Inspector General, the U.S. Department of Agriculture’s Office of Inspector General, the Kansas Dept. of Social and Rehabilitation Services’s Legal Division, Assistant U.S. Attorney Tris Hunt and Special Assistant U.S. Attorney Trey Alford for their work on the case.
Professional Hunter to Pay $10,000 Fine for Lacey Act Violation in KansasRead the Press Release
KANSAS CITY, KAN. – A professional hunter from Tennessee will has been sentenced to three years on federal supervised release for a Lacey Act violation in Kansas, U.S. Attorney Barry Grissom said today. The hunter will lose his hunting privileges throughout the United States for six months, as well as paying a $10,000 fine and $10,000 in restitution.
William “Spook” Spann, 50, Dickson, Tenn., pleaded guilty to a misdemeanor count of transporting across state lines wildlife that was taken unlawfully in Kansas. In his plea, Spann admitted that in mid-November 2007 he unlawfully took a white-tailed deer in Stafford County, Kan. Spann took the deer on land owned by another person, in violation of Spann’s hunting permit, which entitled him to hunt only on land that he owned.
On a scouting trip, Spann and a cameraman spotted a deer at a distance of several hundred yards with the wind blowing in their faces so that the deer would not be able to hear or smell their approach. With a video camera rolling, Spann stalked to within 10 yards of the deer. Spann drew his bow and killed the deer with an arrow.
Federal investigators served a search warrant at Spann’s home in Tennessee, where they seized the antlers of the Kansas deer.
Grissom commended the U.S. Fish and Wildlife Service, the Kansas Department of Wildlife, Parks and Tourism, the Tennessee Wildlife Resources Agency and Assistant U.S. Attorney Chris Oakley for their work on the case.California Man Sentenced to Life in Federal Prison for Methamphetamine Trafficking in Kansas City, Kan.Read the Press Release
KANSAS CITY, KAN. – A California man has been sentenced to life in federal prison for methamphetamine trafficking in Kansas City, Kan., U.S. Attorney Barry Grissom said today.
Juan Manuel Cortez-Diaz, 36, Modesto, Calif., was convicted in a jury trial in June 2012 on three counts of distributing methamphetamine and two counts of possession with intent to distribute methamphetamine.
During trial, prosecutors presented evidence that Cortez-Diaz handled more than 9 pounds of methamphetamine, including methamphetamine sold to undercover agents, found in his car and seized during a search at a drug stash house at 3046 Washington Ave., in Kansas City, Kan. On May 16, 2011, officers of the Kansas City, Kan., Police Department stopped his car after investigators saw him leave the drug stash house carrying a shoe box. Police seized the shoe box, which contained two pounds of methamphetamine. They seized another seven pounds of methamphetamine from the drug stash house.
Investigators determined that a co-defendant brought the methamphetamine to Kansas City from California.
Co-defendant Juan Carlos Lopez Razo, 36, North Highlands, Calif., is a fugitive from justice.
Grissom commended the Immigration and Customs Enforcement, the Department of Homeland Security, the Kansas City, Kan., Police Department, Assistant U.S. Attorney Chris Oakley and Assistant U.S. Attorney David Zabel for their work on the case.
Kansas City, Kan., Woman Pleads GuiltyTo Theft of Social Security BenefitsRead the Press Release
KANSAS CITY, KAN. – A Kansas City, Kan., woman pleaded guilty today to theft of federal program benefits, U.S. Attorney Barry Grissom said.
Wanda Herdman, 57, pleaded guilty to stealing government money. She admitted to stealing $43,158 from three needs-based federal programs. Specifically, the programs she defrauded were: the Supplemental Security Income “SSI” Program, the Supplemental Nutrition Assistance Program (more commonly known as the Food Stamp Program), and the Medicaid Program.
In Herdman’s plea, she admitted that she intentionally did not report her spouse’s income from the Department of Veterans Affairs because she knew her household’s financial resources would preclude her from receiving SSI payments. Between December 2011 and May 2013, she fraudulently obtained $8,584 in SSI payments.
In her plea, she also admitted this was not the first time she was overpaid by the Social Security Administration because of her failure to comply with her reporting obligations. From 1998 to 2006, she received an additional $22,560 in SSI payments she was not entitled to receive.
Due to Herdman’s intentional failure to report her spouse’s income she also received food stamp and Medicaid benefits she was not entitled to receive. She fraudulently obtained $3,254 in food stamp benefits and $8,760 in Medicaid benefits.
A sentencing will be scheduled after the United States Probation Office completes a presentence investigation. Herdman faces a maximum penalty of 10 years in federal prison and a fine up to $250,000.
Grissom commended the Social Security Administration - Office of Inspector General, the Legal Services Division of the Kansas Department for Children and Families, and Special Assistant U.S. Attorney Trey Alford for their work on the case.Olathe Man Sentenced to Prison for Possessing More Than 12,000 Child Porn ImagesRead the Press Release
TOPEKA, KAN. – A man from Olathe, Kan., was sentenced today to four years in federal prison for possessing child pornography, U.S. Attorney Barry Grissom said. He also was ordered to pay a $12,500 fine.
James Christmas, 46, 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.
Grissom commended the Olathe Police Department and Assistant U.S. Attorney Kim Martin for their work on the case.
Wichita Man Sentenced to Five YearsOn Federal Firearms ChargeRead the Press Release
WICHITA, KAN. – A Wichita man was sentenced Monday to five years in federal prison for a firearms violation, U.S. Attorney Barry Grissom.
Jose Armando De Luna, 35, Wichita, Kan., pleaded guilty to one count of unlawful possession of firearms after a felony conviction. In his plea he admitted that on Sept. 6, 2013, when he was arrested in Wichita, he possessed 20 firearms including shotguns, rifles and handguns. At the time, he was prohibited by federal law from possessing firearms because of a prior felony conviction.
According to court documents, the investigation began in September 2013 when the Wichita Police Department arranged to buy methamphetamine from DeLuna at his residence in the 700 block of South Terrace. Police seized firearms belonging to him when they served search warrants at that residence and a residence in the 1800 block of south Green Acres.
Grissom commended the Wichita Police Department, the Bureau of Alcohol, Tobacco, Firearms and Explosives and Assistant U.S. Attorney Alan Metzger for their work on the case.
Gang Member SentencedIn Dodge City Racketeering CaseRead the Press Release
WICHITA, KAN. - A member of a Dodge City street gang was sentenced Monday to 82 months in federal prison, U.S. Attorney Barry Grissom said.
Alfredo Beltran-Ruiz, 23, Dodge City, Kan., pleaded guilty to one count of aiding and abetting attempted murder, which was a violent crime in aid of racketeering. In his plea, he admitted that on March 15, 2011, he aided and abetted the attempted murder of a victim named Reyes Delira-Padilla by firing shots at the victim’s house at 1705 Ave. D in Dodge City. Beltran-Ruiz was a member of the Diablos Viejos gang and was affiliated with the Norteno street gang. Delira-Padilla was a member of the rival Sureno gang.
Beltran-Ruiz is one of 22 Norteno gang members who have been convicted on charges contained in a federal indictment filed May 2012. It was only the second time a federal RICO Act indictment (Racketeer Influenced and Corrupt Organizations Act) has been filed in Kansas. Two defendants are awaiting sentencing: Juan Torres and Jayson Vargas.
Grissom commended the Dodge City Police Department, the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Ford County Sheriff's Office, the Ford County Attorney’s Office, the Kansas Bureau of Investigation, Assistant Aaron Smith and Assistant U.S. Attorney Lanny Welch for their work on the case.Salina Man Sentenced for Purchasing Gun with Help of Straw BuyerRead the Press Release
TOPEKA, KAN. – A Salina man who used a straw buyer to purchase a gun has been sentenced to 46 months in federal prison, U.S. Attorney Barry Grissom said today.
Hashiem Jamil Ford, 34, pleaded guilty to one count of making a false statement regarding the purchase of a firearm. In his plea, he admitted that due to a 2011 felony drug conviction in Saline County District Court he was prohibited from possessing a firearm. On Dec. 5, 2011, he gave money to co-defendant Patricia Fetky to purchase a gun for him from Bob’s Pawn Shop East at 925 W. Lincoln Avenue in Salina. At Ford’s direction, Fetky purchased a Glock brand handgun by falsely representing herself as the actual purchaser.
Fetky was sentenced in December to two years probation.
Grissom commended the Salina Police Department, the Bureau of Alcohol, Tobacco, Firearms and Explosives and Assistant U.S. Attorney Randy Hendershot for their work on the case.
Phillips County Man Sentenced on Federal Gun ChargeRead the Press Release
TOPEKA, KAN. – A man from Phillips County, Kan., has been sentenced to five years in prison on a federal gun charge, U.S. Attorney Barry Grissom said today.
Brian Eugene Post, 36, Phillipsburg, Kan., pleaded guilty to one count of unlawful possession of a firearm in furtherance of a drug trafficking crime. In his plea, he admitted that on March 7, April 11 and April 18, 2012, he sold methamphetamine and oxycodone to an undercover agent working for the Kansas Bureau of Investigation. On May 12, the agent arranged to meet Post for a sale and more drugs were exchanged. When he was arrested shortly thereafter, investigators found hydrocodone and hashish oil in his car, as well as a Smith and Wesson .40 caliber handgun.
Grissom commended the Kansas Bureau of Investigation, the Bureau of Alcohol, Tobacco, Firearms and Explosives and Assistant U.S. Attorney Randy Hendershot for their work on the case.
Kansas City Man IndictedOn Federal Armed Robbery ChargesRead the Press Release
KANSAS CITY, KAN. - A Kansas City man has been indicted on federal charges alleging he committed a string of armed robberies, U.S. Attorney Barry Grissom said.
Clifford L. Miller, 48, Kansas City, Mo., was indicted Wednesday on one count of bank robbery, ten counts of commercial robbery, and ten counts of brandishing a firearm during a robbery.
The indictment alleges Miller committed the following robberies:
- June 10, 2013, Capital City Bank, 120 SW 6th Street in Topeka, Kan.
- June 21, 2013, Cirilla’s store, 7258 State Avenue in Kansas City, Kan.
- June 21, 2013, Family Dollar at 1274 Merriam Lane in Kansas City, Kan.
- June 22, 2013, Dollar General, 2852 W. 47th, Kansas City, Kan.
- June 30, 2013, Family Dollar, 1402 S. 42nd, Kansas City, Kan.
- July 1, 2013, Dollar General, 2018 Metropolitan in Kansas City, Kan.
- July 3, 2013, Cirilla’s, 4301 Rainbow Boulevard, Kansas City, Kan.
- July 24, 3013, Advance America, 4625 Shawnee Drive, Kansas City, Kan.
- Aug. 4, 2013, GameStop, 9672 Quivira Road in Lenexa, Kan.
- Aug. 12, 2013, Dollar General, 2852 W. 47th in Kansas City, Kan.
- Sept. 21, 2013, Cirilla’s, 7258 State Avenue in Kansas City, Kan.
If convicted, he faces a maximum penalty of 20 years in federal prison and a fine up to $250,000 on each robbery count and a penalty of not less than seven years and a fine up to $250,000 on each charge of brandishing a firearm. The Kansas City, Kan., Police Department, the Lenexa Police Department, the Topeka Police Department, the Raytown, Mo., Police Department and the FBI investigated. Assistant U.S. Attorney Terra Morehead is prosecuting.
OTHER INDICTMENTSRonnell Smith, Sr., 40, Oakland, Calif., is charged with one count of distributing cocaine. The crime is alleged to have occurred June 26, 2012, in Kansas City, Kan., and Oakland, Calif.
If convicted, he faces a penalty of not less than five years and a fine up to $5 million. The U.S. Postal Inspection Service investigated. Special Assistant U.S. Attorney Erin Tomasic is prosecuting.
Damon Douglas Griffin, 37, is charged with one count of distributing methamphetamine, one count of unlawful 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 Jan. 7, 2014, in Lawrence, Kan.
If convicted, he faces a penalty of not less than 10 years in federal prison and a fine up to $10 million on the methamphetamine charge, not less than five years and a fine up to $250,000 on the charge of possessing a firearm in furtherance of drug trafficking, and a maximum penalty of 10 years and a fine up to $250,000 on the other count. Special Assistant U.S. Attorney Erin Tomasic is prosecuting. The Kansas Bureau of Investigation investigated.
Erica Barajas-Duran, 39, who is not a citizen of the United States, is charged with unlawfully re-entering the United States after being deported. She was found Feb. 12, 2014, in Overland Park, Kan.
If convicted, she faces a maximum penalty of two years in federal prison and a fine up to $250,000. Immigration and Customs Enforcement investigated. Assistant U.S. Attorney David Zabel is prosecuting.
Felix M. Leal, 40, Leavenworth, Kan., is charged with two counts of distributing methamphetamine, 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 in furtherance of drug trafficking. The crimes are alleged to have occurred in 2013 and 2014 in Wyandotte County, Kan.
Upon conviction, the crimes carry the following penalties:
Possession with intent to distribute methamphetamine: Not less than 10 years in federal prison and a fine up to $10 million.
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.
Possession of a firearm in furtherance of drug trafficking: Not less than five years and a fine up to $250,000.The FBI investigated. Assistant U.S. Attorney David Zabel is prosecuting.
Angel Guzman-Aviles, 26, is charged with one count of possession with intent to distribute methamphetamine. The crime is alleged to have occurred Feb. 3, 2014, 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 David Zabel is prosecuting.
Travis W. Edwards, 35, Wichita, Kan., and Michael J. Strotkamp, 36, Peabody, Kan., are charged with one count of possession with intent to distribute methamphetamine. Edwards also is charged with an additional count of possession with intent to distribute methamphetamine. The crimes are alleged to have occurred Feb. 11 and 12, 2014, in Sedgwick County, Kan.
If convicted, they face a maximum penalty of 40 years in federal prison and a fine up to $2 million on each count. The Drug Enforcement Administration investigated. Assistant U.S. Attorney Matt Treaster is prosecuting.
Carl M. Bray, 28, Kansas City, Mo., is charged with one count of unlawful possession of a firearm after a felony conviction. The crime is alleged to have occurred Nov. 26, 2013, in Kansas City, Kan.
If convicted, he faces a maximum penalty of 10 years in federal prison and a fine up to $250,000. The Kansas City, Kan., Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives investigated. Assistant U.S. Attorney Terra Morehead is prosecuting.
Durayle D. Jackson, 24, Kansas City, Kan., is charged with one count of unlawful possession of a firearm after a felony conviction. The crime is alleged to have occurred Jan. 22, 2014, in Kansas City, Kan.
If convicted, he faces a maximum penalty of 10 years and a fine up to $250,000. The Kansas City, Kan., Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives investigated. Assistant U.S. Attorney Terra Morehead is prosecuting.
Jemel T. Knox, 30, 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 Feb. 6, 2014, in Kansas City, 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 FBI investigated. Assistant U.S. Attorney Terra Morehead is prosecuting.
In all cases, defendants are presumed innocent until and unless proven guilty. The indictments merely contain allegations of criminal conduct.
Former Topeka Correctional Employee Sentenced on Federal Gun ChargesRead the Press Release
TOPEKA, KAN. – A former employee of the Topeka Correctional Facility has been sentenced to five years in prison on a federal gun charge, U.S. Attorney Barry Grissom said today.
Anastacio D. Gallardo, 33, Topeka, Kan., pleaded guilty to one count of unlawful possession of a firearm in furtherance of a drug trafficking crime. In his plea, he admitted he was driving a van on Aug. 8, 2012, when the Topeka Police Department stopped him for a traffic violation. A search of the van revealed a tool box between the front seats that was found to contain methamphetamine. Also in the toolbox were a box of baggies, two sets of scales, a radio-frequency scanner and two loaded handguns, including a Smith and Wesson .38 caliber revolver and a Glock .40 caliber pistol.
Grissom commended the Topeka Police Department, the Bureau of Alcohol, Tobacco, Firearms and Explosives and Assistant U.S. Attorney Randy Hendershot for their work on the case.
Kansas Man Pleads Guilty to Interstate Travel for the Purpose of Having Sex with A ChildRead the Press Release
KANSAS CITY, KAN. – A Kansas City, Kan., man has pleaded guilty to interstate travel for the purpose of engaging in sex with a child, U.S. Attorney Barry Grissom said today.
Robert Poe, III, 38, Kansas City, Kan., pleaded guilty to three counts of traveling from Kansas to Missouri for the purpose of engaging in sex acts with a child.
During a hearing today, prosecutors told a judge the crimes occurred in 1999 and 2000. They said the investigation began in November 2000 when the Kansas City, Kan., Police Department received a complaint from the mother of a 7-year-old boy. She said Poe had engaged in sexual acts with her son. At the time, Poe was a friend of the mother’s boyfriend, Michael Arnett, and Poe sometimes served as a babysitter for the boy. Arnett is charged in a separate federal criminal case.
Prosecutors told the judge that one incident (count one) occurred in April 2000 when Poe was babysitting the boy at Poe’s home. Poe showed the boy photos of nude children and then made the boy perform oral sex on him.
Another incident (count two) occurred in July 2000 when Poe was babysitting. The boy said Poe held a gun to his head and forced him to perform oral sex.
Another incident (count three) occurred in 1999 or 2000. A victim told federal agents that he and his now deceased brother were molested by Poe and Arnett while the victim was between 10 and 12 years old. The victim said he first met Arnett in 1997 when his brother was a patient at a hospital in Kansas City. The victim’s brother had cystic fibrosis and died in May 2003. The victim said Arnett befriended him and his brother. The victim said the molestation started when Arnett’s friend Poe started showing up with Arnett in 1998. The victim said Poe held a gun to his head and forced him to perform oral sex on him. The victim said Poe first molested him at the house of Poe’s father in Shawnee Mission, Kan. The victim said Arnett and Poe took him and his brother out of town on weekend trips and molested both boys. The trips were to St. Louis, Mo., Bennet Springs, Mo., and Oklahoma City, Okla.
Sentencing is set for May 20. Poe faces a maximum penalty of 30 years in federal prison and a fine up to $250,000 on each count. In a separate federal case, Arnett pleaded guilty to one count of producing child pornography and is set for sentencing May 13.
Grissom commended the Kansas City, Kan., Police Department, ICE’s Homeland Security Investigations and Assistant U.S. Attorney Kim Martin for their work on the case.
Kansas City Man Gets 95 Years in Federal Prison for Robberies in Topeka and LeavenworthRead the Press Release
KANSAS CITY, KAN. – A Kansas City man has been sentenced to 95 years in federal prison for robbing financial institutions in Topeka and Leavenworth, U.S. Attorney Barry Grissom said today.
Charles E. Shaw, 55, Kansas City, Mo., was convicted in a jury trial in November of the following:
– Robbing the Main Street Credit Union at 1609 S. 4th in Leavenworth, Kan., on Nov. 24, 2010; and brandishing a firearm during the robbery.
– Robbing the Citizens National Bank at 601 Delaware Street in Leavenworth on Feb. 14, 2011.
– Robbing the Educational Credit Union at 901 Topeka Boulevard in Topeka, Kan., on Dec. 30, 2011; and brandishing a firearm during the robbery.
– Attempting to rob the Educational Credit Union again on Feb. 9, 2012; carrying a firearm during the attempted robbery; and carrying a firearm after a felony conviction.At sentencing, prosecutors noted that Shaw had five prior convictions for armed robbery dating back to 1983.
The judge also ordered Shaw to pay $54,052 in restitution.
Grissom commended the Topeka Police Department, the Leavenworth Police Department, the FBI and Assistant U.S. Attorney Terra Morehead for their work on the case.Former Topeka Lawyer Sentenced for Stealing from Clients' Trust FundsRead the Press Release
TOPEKA, KAN. – A former Topeka lawyer has been sentenced to five years in federal prison for stealing money from clients’ trust funds, U.S. Attorney Barry Grissom said today. He was ordered to pay restitution of $537,680.
Robert M. Telthorst, 52, Topeka, Kan., pleaded guilty to one count of wire fraud and one count of money laundering. In his plea, he admitted that from November 2005 to August 2011 he executed what was in essence a Ponzi scheme in which he took clients' money and used it both to benefit himself and to cover up the fact he was taking money from other clients' trust accounts.
The list of clients he allegedly defrauded includes the following:
-- The daughters of a man identified in court documents as Otto K. After the man's death, Telthorst was appointed to administer $463,344 for the man's two daughters. The man wanted the first daughter, identified as Sheri T., to receive a lump sum. Money for the second daughter, identified as Marlene O., was to be invested, with monthly payments to be made to her. Before providing the lump sum to Sheri T., Telthorst took approximately $22,000 for his own benefit. In the trust for Marlene O, the balance dropped from more than $208,500 to less than $150 after Telthorst removed most of the funds for his own benefit.
-- The granddaughters of a client, identified as Mia, Olivia and Lillian. Telthorst set up three educational gift trusts of $10,000 each. He depleted all three trusts, leaving them each with balances of less than $350.
-- Arnold and Bertha J., who established a charitable trust of $80,000 for the KU School of Business. The balance in the account dropped to less than $1,750 after Telthorst diverted funds to his own benefit.Grissom commended the FBI, the Shawnee County District Attorney's Office and Assistant U.S. Attorney Tanya Treadway for their work on the case.
Chicago Man Sentenced in Overland Park Bank RobberyRead the Press Release
KANSAS CITY, KAN. – A Chicago man has been sentenced to 30 months in federal prison for robbing an Overland Park bank, U.S. Attorney Barry Grissom said today.
Xzavier Stewart, 23, Chicago, Ill., pleaded guilty to one count of bank robbery. In his plea, he admitted that on Aug. 20, 2012, he robbed the Bank of the West at 9400 Antioch in Overland Park, Kan. He entered the bank, told a teller to give him money and said: "You have 30 seconds." The clerk recognized him as the same man who had robbed her at the same bank on July 28, 2012.
Shortly after the robbery, Stewart was driving a maroon Malibu westbound on 95th Street near Switzer when police tried to pull him over. He refused to stop and kept driving slowly. He eventually stopped on the off ramp of northbound Highway 69 at 87th Street.
Grissom commended the Overland Park Police Department, the FBI and Assistant U.S. Attorney Sheri McCracken for their work on the case.Wichita Man Sentenced to 10 Years for Attempted Sex Trafficking of MinorsRead the Press Release
WICHITA, KAN. – A Wichita man has been sentenced to 10 years in federal prison for attempting to recruit and entice teenage girls to work as prostitutes, U.S. Attorney Barry Grissom said today.
In December, a jury in U.S. District Court in Wichita found Brandon W. Dennis, 26, Wichita, guilty on two counts of attempting to recruit teenagers to perform commercial sex acts.
In the first count the victim was a 17-year-old Wichita girl identified in court records as “Jane Doe.” In the other count the victim was identified as “Rissa,” a name used by a detective with the Wichita Police Deparatment who was working undercover.
During trial, prosecutors presented evidence that the 17-year-old victim met Dennis in the summer of 2011 at a party. On Oct. 23 and Oct. 24, 2011, she received several messages on Facebook from Dennis. He told her she could make up to $800 a day working as a prostitute.
One message from Dennis read: “become a hoe n get paid n get rich.”
When she declined his offer, he sent her a message saying: “u jus nothing but a dog that needs the rite trainin n life.”
On Oct. 24, 2011, a police detective accessed the victim’s Facebook account and found a phone number for Dennis. Posing as a 15-year-old named “Rissa,” the detective text messaged Dennis. Via text and phone conversations, Dennis offered “Rissa” the opportunity to work as a prostitute. In one message he said: “we can make this happn n get this money nation wide girl.”
Dennis arranged to meet “Rissa” at the Drury Inn, 400 W. Douglas in Wichita. He was arrested when he arrived there.
Grissom commended the Wichita/Sedgwick County Exploited and Missing Child Unit - Internet Crimes Against Children Task Force and Assistant U.S. Attorney Jason Hart for their work on the case.
U.S. Attorney: More Attention Needed to Fighting Rx Drug Abuse in KansasRead the Press Release
Public Can Get Involved During Drug Take Back Day April 27
KANSAS CITY, KAN. – U.S. Attorney Barry Grissom today called on Kansans to join the fight against prescription drug abuse.
“There’s good news and bad news in our fight against prescription drug abuse in Kansas,” Grissom said. “The bad news is that funding for the state’s prescription monitoring program remains uncertain. The good news is that Saturday, April 27, is national Drug Take Back Day.”
From 10 a.m. to 2 p.m. on Drug Take Back Day, more than 60 law enforcement agencies around Kansas will be accepting unused prescription drugs for safe disposal.
“Kansans need to clean out their medicine cabinets to help prevent prescription drugs from falling into the wrong hands,” Grissom said. “Prescription drug abuse continues to be our nation’s fastest growing drug problem. Prescription painkillers cause more overdose deaths each year than heroin and cocaine combined.”
“National data shows that as many as 16 million Americans age 12 or older have abused controlled prescription medications including pain relievers, tranquilizers, sedatives and stimulants,” Grissom said.
To locate a disposal site near you, visit the Take Back Day Web site at this address:
http://www.deadiversion.usdoj.gov/drug_disposal/takeback/
Grissom said he is concerned that grant funding is running out this year for K-TRACS, the state’s prescription drug monitoring program. K-Tracs provides prescribers and dispensers with information on patients receiving controlled substances. It is designed to help prevent and detect the diversion of controlled substances.
“K-TRACS is a critical tool for doctors, pharmacists and law enforcement agencies,” Grissom said. “I am very concerned that its future funding is in doubt.”
K-TRACS was set up by the Kansas Board of Pharmacy with the help of a grant from the Department of Justice. It began collecting data from dispensers in February 2011. In April 2011 it began offering dispensers and prescribers the ability to query the system for information that could indicate controlled substances were being abused and diverted.K-TRACS recently reported to the Kansas legislature, for instance, that a 32-year-old Olathe woman had received 46 prescriptions from 36 different physicians from Oct. 1 to Dec. 3 2012.
Staff at the Kansas Board of Pharmacy have identified various ways to raise the roughly $180,000 to $300,000 a year it takes to operate K-TRACS from user fees or other methods.
“I won’t try to tell the Kansas lawmakers what method of funding they ought to adopt,” Grissom said. “But I do want to want to say that I see K-TRACS as an essential tool in the fight against prescription drug abuse in this state.”
Indictment: Store Sold Counterfeit Goods by Ralph Lauren, Nike in Kansas City, Kan.Read the Press Release
KANSAS CITY, KAN. – A man has been charged with selling goods with counterfeit trademarks from Ralph Lauren, Nike and other well known names at his store in Kansas City, Kan., U.S. Attorney Barry Grissom said today.
Jehad Shalabi, 44, is charged with one count of conspiracy to traffic in counterfeit trademark goods. The indictment alleges that Shalabi sold counterfeit goods at the Joe Black clothing store at 3201 State Avenue in Kansas City, Kan. In 2009 Shalabi was identified as the manager of the store. Subsequently, he listed the owner and manager of the store for occupational tax purposes in the names of his accountant or relatives.
The indictment alleges Shalabi offered for sale at Joe Black hundreds of counterfeit trademark items including Polo Ralph Lauren shirts, hoodies and T-shirts; Nike Air Force, Jordan Airmax and Goadomes shoes; Major League Baseball hats; T-shirts, tank tops, jeans, sweatshirts, hoodies and shorts with tattoo designs by Ed Hardy; Luxirie jeans; Rocawear T-shirts, long-sleeve shirts and body suits; and Coogi shirts, dresses, T-shirts, shorts, jeans and jackets.
The government is seeking a money judgment of $89,000, representing the proceeds of the crime.
If convicted, he faces a maximum penalty of 10 years in federal prison and a fine up to $2 million. The FBI and ICE-HSI investigated. Assistant U.S. Attorney Scott Rask is prosecuting.
OTHER INDICTMENTS
Daniel Lee Wadell, 28, and Stephan Michael Hudson, 32, are charged with attempted bank robbery. The indictment alleges that on March 6, 2013, they attempted to rob the Citizens State Bank at 102 North Commercial Street in Kincaid, Kan.
If convicted, they face a maximum penalty of 20 years and a fine up to $250,000. The FBI investigated. Assistant U.S. Attorney Jabari Wamble is prosecuting.
Ryan Ridens, 46, Linwood, Kan., is charged with one count of possessing two pistols and ammunition after a felony conviction. The crime is alleged to have occurred March 4, 2013, in Kansas City, Kan.
If convicted, he faces a maximum penalty of 10 years in federal prison and a fine up to $250,000. The Kansas City, Kan., Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives investigated. Assistant U.S. Attorney Scott Rask is prosecuting.
Cecelia Maria Aispuro, 26, Victorville, Calif., is charged with one count of possession with intent to distribute methamphetamine. The crime is alleged to have occurred March 6, 2013, in Sedgwick County, Kan.
If convicted, she faces a penalty of not less than 10 years and not more than life and a fine up to $4 million. The Drug Enforcement Administration investigated. Assistant U.S. Attorney Mona Furst is prosecuting.
Jesus Clemente, 40, a citizen of Mexico who has been living in Wichita, Kan.; Filberto Rodela-Gomez, 37, a citizen of Mexico who has been living in Wichita, Kan.; and Braulio Rodolfo Arena-Pinzon, 25, a citizen of Mexico who has been living in Wichita, are charged with one count of possession with intent to distribute methamphetamine and one count of conspiracy to possess with intent to distribute methamphetamine. The crimes are alleged to have occurred in February and March 2013 in Sedgwick County, Kan.
If convicted, they face a penalty of not less than 10 years and not more than life and a fine up to $10 million on each count. The Wichita Police Department investigated. Special Assistant U.S. Attorney Michelle Jacobs is prosecuting.
Perfecto Morales-Santiago, 35, who is not a citizen of the United States, is charged with unlawfully re-entering the United States after being deported. He was found Feb. 2, 2013, in Johnson 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 Scott Rask is prosecuting.
In all cases, defendants are presumed innocent until and unless proven guilty. The indictments merely contain allegations of criminal conduct.
Former IRS Employee Pleads Guilty to Theft of Public FundsRead the Press Release
KANSAS CITY, KAN. – A former employee of the Internal Revenue Service has pleaded guilty to theft of public funds, U.S. Attorney Barry Grissom said today.
Becky L. Book, 49, Pittsburg, Kan., pleaded guilty to one count of theft of public funds. In her plea, she admitted that while she worked as an IRS revenue agent she documented a significant amount of time on her assigned cases she did not actually work. Further, she prepared fourteen travel vouchers which claimed mileage to appointments with taxpayers she never attended. The total loss to the government was $26,449.65.
Sentencing is set for May 23. She faces a maximum penalty of 10 years in federal prison, a fine up to $250,000 and restitution. Grissom commended the U.S. Department of Treasury - Treasury Inspector General for Tax Administration and Assistant U.S. Attorney Tris Hunt for their work on the case.
Citizen of Mexico Who Was Twice Deported Pleads Guilty to Identity TheftRead the Press Release
KANSAS CITY, KAN. - A citizen of Mexico who has been living and working in Kansas City, Kan., after twice being deported pleaded guilty Friday to a federal charge of altering and using a Social Security card of another person, U.S. Attorney Barry Grissom said.
Juan Francisco Morales-Jimenez, 35, pleaded guilty to one count of using an altered genuine Social Security card of another person to unlawfully reside and obtain employment in the United States. In his plea, he admitted he unlawfully used a Social Security number and a false name to work for True North Outdoor, a commercial landscaping and snow removal service in Kansas City, Kan. According to court records, investigators determined that under his true name he had been deported from the United States in 1998 and 2006. A fingerprint check revealed he also had criminal convictions in Colorado for forgery and non-consensual sexual contact. Items seized from Morales-Jimenez included a black ski mask, walkie-talkies, 69 rounds of 9mm hollow point ammunition, a shoulder holster and body armor.
He is set for sentencing on June 3, 2014. Both parties have agreed to recommend a sentence of 24 months in federal prison. Grissom commended Homeland Security Investigations and Special Assistant U.S. Attorney Trey Alford for their work on the case.
U.S. Attorney Calls Teen Dating Violence A Hidden CrimeRead the Press Release
By U.S. Attorney Barry Grissom
Valentine’s Day is a time to celebrate loving relationships. But maybe it is also a good time for parents to check-in with their teenagers who may be involved in a romantic relationship. If you are a parent of a teenager, do you know the names and faces of three of their friends? Chances are, one of them—maybe your own son or daughter — will be in an abusive relationship.
The fact is teen dating violence is often hidden and unreported. Not only do teens often lack the experience to navigate romantic relationships, they may also be unable to voice their feelings or communicate when emotional situations take a turn for the worse. Even more frightening is that if adolescents find the courage to tell their friends about being in an abusive relationship, statistics show that more times than not, their friends won’t know what to do to get them help.
February is National Teen Dating Violence Awareness and Prevention Month and it is a great opportunity to raise awareness and focus efforts on breaking the cycle of violence by providing information about the availability of services and the importance of healthy relationships to young victims, their families, and their communities.
While the Nation’s understanding of domestic violence, sexual assault and stalking has increased, so too has our awareness that these forms of violence affect all age groups and that violence within relationships often begins during adolescence. However the pattern of abuse can start much earlier. Studies show that children who are victimized or witness violence may carry this experience with them to the playground, classroom and later to teen relationships and ultimately adult intimate partner violence. As professionals, parents, educators, political and business leaders and other members of our local communities, we must teach about and model healthy, non-violent relationships. Intervention and prevention efforts are key elements to stopping the cycle of abuse and are priorities at the Department of Justice and here in the District of Kansas. Attorney General Eric Holder’s Defending Childhood initiative is leveraging existing resources across the department to focus on preventing, addressing, reducing, and more fullyunderstanding childhood exposure to violence. In support of this initiative, the Department’s Office on Violence Against Women awarded $5.6 million to 17 organizations that support services for children and caretakers including direct counseling, advocacy or mentoring for children or youth exposed to domestic and dating violence, sexual assault and stalking.
The Office on Violence Against Women administers several youth focused grant programs established by the Violence Against Women Act. Through these grants, federal funds provide unique opportunities for communities to increase collaboration among victim service providers, children, youth, and men’s groups and schools to help teens understand healthy relationships. Through these partnerships, agencies can focus on educating the community, teens, and children about identifying the signs of abuse, and assist them in locating services if they or someone they know is experiencing a physically or emotionally abusive relationship.
Working to end violence in families and communities remains one of the District of Kansas’ highest priorities. Every year, millions of children and adolescents across the United States are victimized and exposed to violence in their homes and communities, and often suffer severe long-term emotional and physical consequences. When these problems remain unaddressed, children are at higher risk for school failure, substance abuse, repeat victimization, and, perhaps, most disturbingly, perpetrating violent behavior later in their own lives. It is our responsibility to address this serious issue and protect our children.
So on this Valentine’s Day, I encourage everybody, especially parents, to look beyond the roses and chocolate-filled hearts that your children may have exchanged and provide an environment to talk about healthy, violence-free relationships.
U.S. Attorney Barry Grissom
District of KansasTwo Topeka Men Indicted on Federal Carjacking ChargeRead the Press Release
TOPEKA, KAN. - Two Topeka men have been indicted on a federal carjacking charge, U.S. Attorney Barry Grissom said today.
Tapoleon B. Hendricks, 18, Topeka, Kan., and Leondray M. Sanders, Jr., 18, Topeka, Kan., are charged with one count of carjacking. The indictment alleges that on Jan. 14, 2014, in Shawnee County, Kan., they carjacked a 2001 Chevrolet Impala from a victim identified in court records as S.P.
If convicted, they face a maximum penalty of 15 years in federal prison and a fine up to $250,000. The FBI investigated. Assistant U.S. Attorney Jared Maag is prosecuting.
OTHER INDICTMENTS
Samuel L. Vliet, 21, Wichita, Kan., is charged with one count of commercial robbery. The indictment alleges that on Feb. 8, 2014, he robbed a Quick Trip at 2106 S. Rock Road in Wichita, Kan.
If convicted, he faces a penalty of not less than 20 years in federal prison and a fine up to $250,000. The Wichita Police Department investigated. Assistant U.S. Attorney Alan Metzger is prosecuting.
William A. Blacksmith, 26, Horton, Kan., is charged with one count of assault occurring on the Kickapoo reservation in Brown County, Kan. The indictment alleges that on Dec. 2, 2013, he assaulted an Indian victim identified in court records as J.E.
If convicted, he faces a maximum penalty of 10 years in federal prison and a fine up to $250,000. The Kickapoo Tribal Police Department investigated. Assistant U.S. Attorney Alan Metzger is prosecuting.
Crystal Zoe Amarillas-Norzagaray, 22, Tuscon, Ariz., and Pilar Angel Leon-Belran, 35, Tuscon, Ariz., are charged with one count of conspiracy to distribute 103 kilograms (more than 227 pounds) of marijuana, one count of possession with intent to distribute 103 kilograms of marijuana, and one count each of interstate travel in furtherance of drug trafficking. In addition, Leon-Beltran is charged with one count of unlawfully re-entering the United States after being convicted of an aggravated felony and deported. The crimes are alleged to have occurred Dec. 30, 2013, in Ellis County, Kan.
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.
Possession with intent to distribute: A maximum penalty of 20 years in federal prison and a fine up to $1 million.
Aggravated unlawful re-entry: A maximum penalty of 20 years and a fine up to $250,000.
Interstate travel in furtherance of drug trafficking: A maximum penalty of five years and a fine up to $250,000.
The Kansas Highway Patrol and the Drug Enforcement Administration investigated. Special Assistant U.S. Attorney Michelle Jacobs is prosecuting.Erick Corona, 23, Topeka, Kan., is charged with one count of possession with intent to distribute methamphetamine. The crime is alleged to have occurred Jan. 24, 2014, in Shawnee County, Kan.
The indictment seeks a criminal forfeiture money judgment of $42,544, representing the proceeds of the crime.
If convicted, he faces a penalty of not less than 10 years in federal prison and a fine up to $10 million. The Drug Enforcement Administration investigated. Assistant U.S. Attorney Greg Hough is prosecuting.
George Madison Kitchen, IV, 36, Kansas City, Mo., is charged with one count of possession with intent to distribute crack cocaine. The crime is alleged to have occurred Sept. 30, 2013, in Tonganoxie, Kan.
If convicted, he faces a penalty of not less than five years and not more than 40 years in federal prison and a fine up to $5 million. The Tonganoxie Police Department investigated. Assistant U.S. Attorney Greg Hough is prosecuting.
Adam S. Taylor, 30, Wichita, Kan., is charged in a superseding indictment with one count of conspiracy to possess with intent to distribute methamphetamine, one count of unlawful possession of body armor and six counts of using a telephone in furtherance of drug trafficking. The crimes are alleged to have occurred in December 3013 in Sedgwick County, Kan.
Upon conviction the crimes carry the following penalties:
Conspiracy: Not less than 10 years in federal prison and a fine up to 410 million.
Unlawful possession of body armor: A maximum penalty of three years and a fine up to $250,000.
Using a telephone in furtherance of drug trafficking: A maximum penalty of four years and a fine up to $250,000 on each count.
The Wichita Police Department investigated. Assistant U.S. Attorney Debra Barnett is prosecuting.Antonio Vindiola, 41, Tuscon, Ariz., is charged with one count of possession with intent to distribute methamphetamine and one count of possession with intent to distribute cocaine. The crimes are alleged to have occurred Jan. 29, 2014, in Russell County, Kan.
If convicted, he faces a penalty of not less than 10 years in federal prison and a fine up to $10 million on each count. The Drug Enforcement Administration investigated. Assistant U.S. Attorney Greg Hough is prosecuting.
Aaron L. Streight, 25, McPherson, Kan., is charged with one count of unlawful possession of a firearm after a felony conviction. The crime is alleged to have occurred Dec. 1, 2013, in McPherson County, Kan.
If convicted, he faces a maximum penalty of 10 years in federal prison and a fine up to $250,000. The McPherson County Sheriff’s Department investigated. Assistant U.S. Attorney Alan Metzger is prosecuting.
David D. Winchester, 54, Emporia, Kan., is charged with two counts of unlawful possession of a firearm after a felony conviction. The crimes are alleged to have occurred Oct. 23, 2013, in Lyon County, Kan.
If convicted, he faces a maximum penalty of 10 years in federal prison and a fine up to $250,000. The Lyon County Sheriff’s Department investigated. Assistant U.S. Attorney Alan Metzger is prosecuting.
Victor Hernandez, 31, Independence, Kan., is charged with one count of possession with intent to distribute methamphetamine. The crime is alleged to have occurred Feb. 6, 2014, in Montgomery County, Kan.
If convicted, he faces a maximum penalty of 10 years in federal prison and a fine up to $250,000. The Drug Enforcement Administration investigated. Assistant U.S. Attorney David Lind is prosecuting.
Darrell Durbin, 50, Wichita, Kan., is charged with one count of possession with intent to distribute methamphetamine. The crime is alleged to have occurred Feb. 9, 2014, in Sedgwick County.
If convicted, he faces a penalty of not less than five years and not more than 40 years in federal prison and a fine up to $5 million. The Wichita Police Department investigated. Assistant U.S. Attorney Alan Metzger is prosecuting.
Juvenal Bautista-Meza, 33, Garden City, Kan., is charged with one count of distributing methamphetamine, one count of unlawful possession of a firearm after a felony conviction, one count of unlawfully re-entering the United States after being convicted of an aggravated felony and deported, and one count of unlawful possession of a firearm by a person unlawfully in the United States. The Finney County Sheriff’s Department, the Garden City Police Department and Homeland Security Investigations investigated. Special Assistant U.S. Attorney Michelle Jacobs is prosecuting.
Manuel Alex Munoz, 35, Chino, Calif., is charged with one count of distributing 25 pounds of methamphetamine and one count of traveling into Kansas in furtherance of drug trafficking. The crimes are alleged to have occurred Jan. 7, 2014, in Colby, Kan.
If convicted, he faces a penalty of not less than 10 years in federal prison and a fine up to $4 million on the distribution count, and a maximum penalty of five years and a fine up to $250,000 on the other count. The Kansas Highway Patrol investigated. Assistant U.S. Attorney Mona Furst is prosecuting.
Librado Hernandez-Flores, 37, a citizen of Mexico, is charged with unlawfully re-entering the United States after having been deported. He was found Jan. 7, 2014, in Sedgwick County, Kan.
He 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.
In all cases, defendants are presumed innocent until and unless proven guilty. The indictments merely contain allegations of criminal conduct.
Man Arrested on Bus Pleads Guilty in Kansas City, Kan., Bank RobberyRead the Press Release
KANSAS CITY, KAN. - A man who was arrested on a bus pleaded guilty Thursday to robbing a bank in Kansas City, Kan., U.S. Attorney Barry Grissom said.
Jamarr Dale, 29, Kansas City, Kan., pleaded guilty to one count of bank robbery. In his plea he admitted that on Jan. 2, 2014, he robbed the Security Bank at 10840 Parallel Parkway in Kansas City, Kan. He entered the bank and gave a teller a note saying, “I need you to give me $3,000 or I’m going to start shooting.” He took the money and left the bank on foot.
Officers of the Kansas City, Kan., Police Department responded to the call and were advised the robber had boarded a city bus at a bus stop in the Wal-Mart parking lot around the corner from the bank. They found Dale sitting on the bus and arrested him.Sentencing will be set at a later date. He faces a maximum penalty of 20 years in federal prison and a fine up to $250,000. Grissom commended the Kansas City, Kan., Police Department and Assistant U.S. Attorney Kim Martin for their work on the case.
Indiana Man Indicted on Charges of Sexually Exploiting Kansas GirlRead the Press Release
KANSAS CITY, KAN. – An Indiana man has been indicted on charges of using the Internet to sexually exploit a minor girl in Douglas County, Kan., U.S. Attorney Barry Grissom said today.
Brett J. Williamson, 35, Ft. Wayne, Ind., is charged with three counts of producing child pornography and three counts of enticing a minor to engage in an unlawful sexual activity. The indictment alleges that in February and April 2012 Williamson enticed the girl to send him photos of herself engaged in sexual activities.
Williamson is being held in the Douglas County Jail.
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 each count of producing child pornography; and a penalty of not less than 10 years and not more than life and a fine up to $250,000 on each count of enticing a minor. The Lawrence Police Department and the FBI investigated. Assistant U.S. Attorney Kim Martin is prosecuting.
OTHER INDICTMENTS
Edward Davis, 30, Kansas City, Mo., is charged with one count of armed bank robbery. The indictment alleges that on July 13, 2012, Davis used a handgun to rob the Bank Midwest, 3500 Rainbow Blvd., 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 FBI investigated. Assistant U.S. Attorney Jabari Wamble is prosecuting.
Lola Cherrolene Spurlin, 30, Lenox, Ga., and Eliseo Ortiz-Pinacho, 35, a citizen of Mexico, are charged with knowingly transporting six aliens unlawfully within the United States by automobile. Co-defendant Jose Mario Esquit-Ordon, 22, a citizen of Guatemala, is charged with unlawfully re-entering the United States after being deported. The crimes are alleged to have occurred Feb. 7, 2013, in Allen County, Kan.
Upon conviction, the crimes carry the following penalties:
Knowingly transporting aliens unlawfully in the United States: A maximum penalty of five years in federal prison without parole and a fine up to $250,000.
Unlawfully re-entering the United States after being deported: A maximum penalty of two years in federal prison without parole and a fine up to $250,000.Homeland Security Investigations investigated. Assistant U.S. Attorney Brent Anderson is prosecuting.
Ashley Davis, 27, Kansas City, Kan., is charged with one count of concealing Daniel Bryant from arrest. The crime is alleged to have occurred Jan. 11, 2013, in Kansas City, Kan.
If convicted, she faces a maximum penalty of five years in federal prison and a fine up to $250,000. The FBI and the Career Criminal Squad of the Kansas City, Mo., Police Department investigated. Assistant U.S. Attorney Sheri McCracken is prosecuting.
Dion M. Jones, 21, Kansas City, Kan., is charged with one count of unlawful possession of a firearm after a felony conviction. The crime is alleged to have occurred Feb. 3, 2013, in Lawrence, Kan.
If convicted, he faces a maximum penalty of 10 years and a fine up to $250,000. The Lawrence Police Department investigated. Assistant U.S. Attorney Terra Morehead is prosecuting.
Earl Watson, 29, an inmate at Leavenworth Penitentiary, is charged with one count of possession with intent to distribute marijuana and one count of possession of marijuana, which is a prohibited object in the prison. The crimes are alleged to have occurred March 23, 2012, in the prison.
If convicted, he faces a maximum penalty of five years and a fine up to $250,000 on the charge of possession with intent to distribute; and a maximum penalty of five years and fine up to $250,000 on the other charge. The FBI investigated. Assistant U.S. Attorney David Zabel is prosecuting.
Arturo Zamudio-Nava, 28, a citizen of Mexico who has been living in Olathe, Kan., is charged with unlawfully re-entering the United States after being deported. He was found July 16, 2012, in Johnson County, Kan.
If convicted, he faces a maximum penalty of 20 years in federal prison and a fine up to $250,000. The Department of Homeland Security investigated. Assistant U.S. Attorney David Smith is prosecuting.
In all cases, defendants are presumed innocent until and unless proven guilty. The indictments merely contain allegations of criminal conduct.
Dodge City Gang Member Pleads Guilty to Attempted MurderRead the Press Release
WICHITA, KAN. – A member of a Dodge City street gang targeted in a federal racketeering case has pleaded guilty to 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.
Sentencing is set for May 6. He faces a maximum penalty of 10 years in federal prison and a fine up to $250,000.
In January, co-defendant Humberto Ortiz was sentenced to 46 months in federal prison.
Najera and Ortiz were among 23 defendants indicted in May 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.
Topeka Man Gets 10+ Years for Distributing CrackRead the Press Release
TOPEKA, KAN. – A Topeka man has been sentenced to more than 10 years in federal prison for distributing crack cocaine, U.S. Attorney Barry Grissom said today.
Terry Allen Thomas, Jr., 38, Topeka, Kan., was sentenced to 130 months in federal prison. In November, a federal jury found Thomas guilty on three counts of distributing crack cocaine and two counts of maintaining a residence in furtherance of drug trafficking.
Testimony at trial indicated that Thomas and co-defendants set up crack houses at various rental locations in Topeka. Thomas was convicted of maintaining crack houses at 1306 S.W. Harrison, Apt. 35; and 1312 S.W. Western, Apt. 5.
Co-defendants included:
Willie Marquis Halcrombe, who was sentenced to 108 months.
Glennard Hayes, who was sentenced to 75 months.
Janaya Lechelle Stewart, who was sentenced to 28 months.
Audrey Ferguson, who was sentenced to four months home detention and three years supervised release.Grissom commended the Topeka Police Department and Assistant U.S. Attorney Randy Hendershot for their work on the case.
Johnson County Man Pleads Guilty to Producing Child PornRead the Press Release
KANSAS CITY, KAN. – A man from Johnson County, Kan., has pleaded guilty to producing child pornography, including images of an unclothed two-year old boy in a roaster pan in an oven, U.S. Attorney Barry Grissom said today.
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 Investigation’s Operation Holitna 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.
Among the images investigators found was one of a naked boy about two years old lying in a roaster pan that was placed inside an open oven. Another image showed the same boy in the roaster pan with the oven door shut.
Investigators learned that Arnett met the children while he was driving for Kaw Valley Health Systems, a nonprofit corporation that provides medical care and social services for children. He drove them to family visitations, counseling and other appointments.
Sentencing is set for May 13. Arnett 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. 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.
Gang Member Sentenced to Federal Prison in Dodge City Racketeering CaseRead the Press Release
WICHITA, KAN. - A member of a Dodge City street gang was sentenced Tuesday to prison in a federal racketeering case, U.S. Attorney Barry Grissom said.
Anthony Wright, 27, Dodge City, Kan., was sentenced to nine years in federal prison. Wright pleaded guilty to one count of conspiracy to commit racketeering and one count of discharging a firearm in a crime of violence.
In his plea, Wright admitted he was a member of the Norteno street gang when he aided and abetted 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 at 201 E. McArtor 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, Wright and the other 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.
Wright is one of 22 Norteno gang members who have been convicted on charges contained in a federal indictment filed May 2012. It was only the second time a federal RICO Act indictment (Racketeer Influenced and Corrupt Organizations Act) has been filed in Kansas. Three defendants are awaiting sentencing: Juan Torres, Jayson Vargas and Alfredo Beltran-Ruiz.
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.