Eastern District of Kentucky
Press releases recorded for this federal judicial district.
Lexington Man Sentenced to 60 Months for Trafficking AcetylfentanylRead the Press Release
LEXINGTON, Ky.— Aaron Antonio Evans, 29, of Lexington, was sentenced to 60 months in federal prison on Thursday, by United States District Judge Karen K. Caldwell, after pleading guilty to trafficking more than 10 grams of acetylfentanyl.
According to Evans’ plea agreement, he admitted to trafficking more than 10 grams of acetylfentanyl on February 6, 2019. Acetylfentanyl is an extremely powerful analogue of the opioid fentanyl.
Evans pleaded guilty in June 2019.
Under federal law, Evans must serve 85 percent of his prison sentence and will be under the supervision of the U.S. Probation Office for four years.
Robert M. Duncan, Jr., United States Attorney for the Eastern District of Kentucky; Tommy Estevan, Special Agent in Charge for ATF; and Lawrence Weathers, Chief of the Lexington Police Department, jointly announced the sentence.
The investigation was conducted by the ATF and Lexington Police Department. The United States was represented by Assistant U.S. Attorney David C. Kiebler.
This case was prosecuted as part of the Organized Crime and Drug Enforcement Task Force’s (OCDETF) Operation Synthetic Opioid Surge (SOS), a Department of Justice initiative designed to target trafficking of dangerous synthetic opioids.
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Lexington Man Pleads Guilty to Firearm and Drug ChargesRead the Press Release
LEXINGTON, Ky. - Tevye T. Jones, 21, of Lexington, pleaded guilty Thursday to illegal possession of a firearm and cocaine, before U.S. District Judge Karen K. Caldwell.
Jones admitted to possessing a Glock .357 caliber pistol, during a traffic stop. According to his plea agreement, Jones also admitted that during the stop officers found a small bag of cocaine.
Jones was indicted on the charges in May 2019. In 2017, Jones was previously convicted of the felony Robbery Second Degree, in the Fayette Circuit Court.
Robert M. Duncan, Jr., United States Attorney for the Eastern District of Kentucky; Tommy Estevan, Acting Special Agent in Charge for ATF; and Lawrence Weathers, Chief of the Lexington Police Department, jointly announced the guilty plea.
The investigation was conducted by the ATF and Lexington Police Department. The United States was represented by Cynthia T. Rieker.
Jones is scheduled to be sentenced on Feb. 18, 2020. He faces up to 10 years in prison and a maximum fine of $250,000. However, any sentence will be imposed by the Court after its consideration of the U.S. Sentencing Guidelines and the federal sentencing statutes.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. The PSN program was reinvigorated as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.
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Lexington Man Pleads Guilty to CarjackingRead the Press Release
LEXINGTON, Ky. - Jody Shipman, 28, of Lexington, pleaded guilty Wednesday to carjacking, with the intent to inflict serious bodily harm or death, before Chief U.S. District Judge Danny C. Reeves.
Shipman admitted to two, separate carjackings, in Lexington, in January and February 2019. According to his plea agreement, in January 2019, Shipman approached a woman at her apartment, demanded her vehicle, phone, and wallet, and threatened her with force. Shipman also admitted to approaching a second female victim, at St. Joseph Hospital in February, forcing her inside her vehicle and driving her to an ATM machine, to withdraw money from her account.
Shipman was indicted in August 2019.
Robert M. Duncan, Jr., United States Attorney for the Eastern District of Kentucky; Tommy Estevan, Acting Special Agent in Charge, ATF Louisville Field Division; and Lawrence Weathers, Chief, Lexington Police Department, jointly announced the guilty plea.
The investigation was conducted by the Lexington Police Department and ATF. The United States was represented by Assistant U.S. Attorney Cynthia T. Rieker.
Shipman is scheduled to be sentenced on Feb. 21, 2020. He faces up to 15 years in prison and a maximum fine of $250,000. However, any sentence will be imposed by the Court after its consideration of the U.S. Sentencing Guidelines and the federal sentencing statutes.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. The PSN program was reinvigorated as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.
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Lexington Man Pleads Guilty to Armed Drug TraffickingRead the Press Release
LEXINGTON, Ky. - Rakim Moberly, 29, of Lexington, pleaded guilty Wednesday to possession of a firearm by a convicted felon, trafficking in fentanyl, and possession of a firearm in furtherance of drug trafficking, before Chief U.S. District Judge Danny C. Reeves.
Moberly admitted to illegally possessing a stolen firearm. According to his plea agreement, officers arrested Moberly for possessing the firearm and took him to the Fayette County Detention Center. While at the detention center, Moberly discarded drugs that were on his person. Later, officers the drugs where Moberly had been seated..
Moberly was indicted in August 2019. Moberly was previously convicted of Robbery Second Degree, Wanton Endangerment First Degree, and Criminal Mischief First Degree, by the Fayette Circuit Court, in 2016.
Robert M. Duncan, Jr., United States Attorney for the Eastern District of Kentucky; Tommy Estevan, Acting Special Agent in Charge, ATF Louisville Field Division; and Lawrence Weathers, Chief, Lexington Police Department, jointly announced the guilty plea.
The investigation was conducted by the Lexington Police Department and ATF. The United States was represented by Assistant U.S. Attorney Cynthia T. Rieker.
Moberly is scheduled to be sentenced on Feb. 28, 2020. He faces up to 35 years in prison and a maximum fine of $1.5 million. However, any sentence will be imposed by the Court after its consideration of the U.S. Sentencing Guidelines and the federal sentencing statutes.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. The PSN program was reinvigorated as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.
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Lawrenceburg Man Convicted of Receipt, Distribution, and Possession of Child PornographyRead the Press Release
FRANKFORT, Ky. - A Lawrenceburg, Kentucky man was convicted Wednesday by a federal jury in Frankfort for receiving, distributing, and possessing child pornography.
After deliberating for an hour, following a two-day trial, the jury convicted 48-year old William Richard Smith of seven counts of receipt, one count of distribution, and one count of possession of visual depictions involving minors engaged in sexually explicit conduct.
According to testimony at trial, Smith distributed 25 child pornographic videos to an investigator with the Kentucky Office of Attorney General (OAG), Cyber Crimes Branch, who was performing an undercover investigation using an online peer-to-peer network. After identifying Smith as the individual who distributed these images, a search warrant was executed on Smith’s residence, during which several electronic devices were seized. Evidence from the forensic examination of those devices revealed that, in addition to distributing child pornography, Smith possessed 1,622 sexually explicit visual depictions of minors as of the date of the search warrant and had been receiving those visual depictions using a peer-to-peer network since May 2016.
Smith was indicted in February 2019.
Robert M. Duncan, Jr., United States Attorney for the Eastern District of Kentucky, John Condon, Special Agent in Charge of Homeland Security Investigations (HSI), and Andy Beshear, Kentucky Attorney General, jointly announced the conviction.
The investigation was conducted by the Kentucky OAG Cyber Crimes Branch and HSI. The U.S. Attorney’s Office was represented in the case by Assistant U.S. Attorneys David Marye and Mary Melton.
Smith will appear for sentencing on April 1, 2020. He faces a maximum of 20 years in prison for each count. However, the Court must consider the U.S. Sentencing Guidelines and the applicable federal sentencing statutes before imposing a sentence.
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Fayette County Man Indicted on Multiple Counts of Robbing a Lexington PharmacyRead the Press Release
LEXINGTON, Ky. – Michael R. McReynolds Jr., 32, of Lexington, was indicted on Wednesday by a federal grand jury, on charges related to two separate robberies of the same Lexington pharmacy, in September and October 2019.
The five-count indictment against McReynolds charges him with two counts of interference with commerce by robbery, two counts of carrying and using a firearm during a crime of violence, and one count of possession of oxycodone with the intent to distribute.
The indictment alleges that on September 27 and October 18, 2019, McReynolds stole money and controlled substances from Hubbard and Curry Pharmacy, by means of actual and threatened force, violence, and fear of injury. During each robbery, the defendant is alleged to have also brandished, carried, and used a firearm. The indictment further alleges that on October 21, 2019, the defendant possessed oxycodone with the intent to distribute.
The investigation into these offenses was conducted by agents with the DEA, in conjunction with the Lexington Police Department.
A date for McReynolds to appear in Court on the charges has not yet been scheduled. For each count of robbery, McReynolds faces a maximum sentence of 20 years and a $250,000 fine. For each count involving the firearm, McReynolds faces a maximum sentence of life and a $250,000 fine. However, any sentence following a conviction would be imposed by the Court after its consideration of the United States Sentencing Guidelines and applicable federal sentencing statutes.
Robert M. Duncan, Jr., United States Attorney for the Eastern District of Kentucky; Dan Dodds, Special Agent in Charge of the DEA; and Lawrence Weathers, Chief of the Lexington Police Department, jointly made the announcement.
Any indictment is an accusation only. A defendant is presumed innocent and is entitled to a fair trial at which the government must prove guilt beyond a reasonable doubt.
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Alabama Man Pleads Guilty to Multi-State Bank Robbery SpreeRead the Press Release
LEXINGTON, Ky. – An Alabama man admitted in federal court Wednesday that over the course of four months in 2018, he robbed five banks by intimidation in Kentucky, Tennessee, and Georgia.
Maxwell Hayslip, 27, pleaded guilty to five bank robberies by intimidation, before Chief United States District Judge Danny C. Reeves. As part of his guilty plea, Hayslip and admitted that, between August 7 and November 13, 2018, he robbed banks in Lexington, Kentucky; Murfreesboro, Tennessee; Nashville, Tennessee; Bowling Green, Kentucky; and Carrollton, Georgia. Hayslip admitted that he wrongfully obtained over $14,000 over the course of his robbery spree, and he agreed to pay that total amount back in restitution. According to his plea agreement, he was captured by law enforcement in Alabama, soon after the Lexington robbery.
Robert M. Duncan, Jr., United States Attorney for the Eastern District of Kentucky; James Robert Brown, Jr., Special Agent in Charge, Federal Bureau of Investigation; Lawrence Weathers, Chief of the Lexington Police Department; Michael Bowen, Chief of the Murfreesboro Police Department; Steve Anderson, Chief of the Metropolitan Nashville Police Department; Doug Hawkins, Chief of the Bowling Green Police Department; and Joel Richards, Chief of the Carrollton Police Department, jointly announced the convictions.
Local law enforcement agencies in each respective jurisdiction investigated Hayslip, and the federal investigation was directed by the Federal Bureau of Investigation. The United States was represented by Special Assistant U.S. Attorney James T. Chapman.
Hayslip is scheduled to be sentenced on Feb. 21, 2020, at 11 a.m., before Chief Judge Reeves in federal court in Lexington. Based on the five robberies, he faces up to 100 years in prison, as well as a maximum fine of $1.25 million. However, any sentence will be imposed by the Court, after its consideration of the U.S. Sentencing Guidelines and applicable federal sentencing statutes.
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Lexington Laboratory Agrees to Pay $2.1 Million to Resolve Allegations of False Claims for Urine Drug Testing ServicesRead the Press Release
LEXINGTON, Ky. – LabTox, LLC, a clinical laboratory in Lexington, has agreed to pay $2,101,335 to resolve civil allegations that it violated the False Claims Act, a federal law that prohibits submitting false or fraudulent claims to the federal government.
The allegations relate to urine drug testing services LabTox provided to Medicare and Kentucky Medicaid beneficiaries. According to the settlement agreement, from January 2014 to March 2015, LabTox billed Medicare and Kentucky Medicaid for qualitative urine drug screens completed by a high complexity method. The United States alleged that these claims were false because LabTox misrepresented the complexity of its testing method: the method was actually low complexity, not high complexity, as LabTox claimed. By billing the screens as high complexity, LabTox secured higher reimbursements to which it was not entitled.
The United States further alleged that LabTox billed Medicare for specimen validity testing, a quality control process used to analyze a urine specimen to ensure that it has not been diluted or adulterated. Since January 2014, Medicare’s guidance has been explicit that specimen validity testing should not be separately billed to Medicare. The United States alleged that LabTox nonetheless submitted claims to Medicare for specimen validity testing during the period January 2014 to February 2016.
“Millions of Americans count on the medical benefits they receive from the Medicare and Medicaid programs,” said Robert M. Duncan Jr., United States Attorney for the Eastern District of Kentucky. “Ensuring that improper billing practices and payments do not deplete the limited resources available to these health care programs is absolutely critical. We will continue to combat inappropriate billing of claims and endeavor to protect the critical resources of these taxpayer-funded programs. That truly benefits us all.”
In addition to agreeing to pay the $2,101,335 settlement amount, LabTox also entered into an Integrity Agreement with the U.S. Department of Health and Human Services Office of Inspector General. The Integrity Agreement requires, among other things, that LabTox appoint a Chief Clinical Officer to oversee issues related to clinical decision-making, ensure that requisition forms provide clarity about medical reasonableness and necessity and programmatic payment amounts, and retain an Independent Review Organization to conduct quarterly claims reviews.
“LabTox allegedly sent false and fraudulent bills to Medicare and Kentucky Medicaid. Such actions could drain critically-needed resources from these taxpayer-funded health plans,” said Derrick L. Jackson, Special Agent in Charge for the Office of Inspector General of the U.S. Department of Health and Human Services. “The OIG’s settlement in the LabTox case is designed to ensure such alleged behavior will not be repeated.”
The matter arose from an affirmative investigation following a tip reported to the U.S. Department of Health and Human Services hotline. The United States encourages anyone with information about potential fraud, abuse, or mismanagement of Medicare or Medicaid funds to contact the hotline at 800-HHS-TIPS (800-447-8477). False Claims Act allegations can also be brought under the qui tam provisions of the Act, which encourage whistleblowers to bring suit on behalf of the United States and share in any financial recovery.
The investigation was conducted by the Kentucky Attorney General’s Office of Medicaid Fraud and Abuse Control, the U.S. Department of Health and Human Services Office of Inspector General, and the U.S. Attorney’s Office for the Eastern District of Kentucky. The United States was represented by Assistant United States Attorney Christine Corndorf.
The claims resolved by the settlement are allegations only, and there has been no determination of liability.
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Franklin County Man Sentenced to 108 Months for Illegal Firearm PossessionRead the Press Release
FRANKFORT, Ky. – Jeffery Scott West Jr., 39, of Frankfort, was sentenced on Friday, to 108 months in federal prison by United States District Judge Gregory F. Van Tatenhove. West had previously plead guilty to one count of being a convicted felon in possession of a firearm.
According to his plea agreement, on November 27, 2018, West admitted that officers observed him attempting to kick a loaded firearm under a couch while the officers were attempting to execute an arrest warrant on another person inside a residence in Frankfort. West further admitted that officers were able to seize the firearm, detain West, and confirm that he was prohibited from possessing a firearm, having several prior felony convictions.
Under federal law, West must serve 85 percent of his 108 month sentence. Upon completion of his term, he will be under the supervision of the United States Probation Office for a period of three years.
Robert M. Duncan, Jr., United States Attorney for the Eastern District of Kentucky; Tommy Estevan , Acting Special Agent in Charge, ATF, Louisville Field Division; Norman Arflack, United States Marshal for the Eastern District of Kentucky; and Charles Adams, Chief of Police, Frankfort Police Department, jointly made the announcement.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. The PSN program was reinvigorated as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.
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Fort Campbell Soldier Convicted of Attempted Online Enticement of a MinorRead the Press Release
FRANKFORT, Ky. - A Fort Campbell soldier was convicted Thursday, by a federal jury in Frankfort, for using the internet to attempt to persuade, induce, or entice a minor to engage in sexual activity.
After deliberating for two hours, following a three-day trial, the jury convicted 27-year old Daniel J. Zulawski of attempted online enticement of a minor.
According to testimony at trial, Zulawski traveled from Lexington to Frankfort after communicating with an undercover officer on the Kik application, during which they discussed his engaging in sexual relations with the undercover mother and her fictitious 11 and 13 year-old children. Evidence revealed that Zulawski initially responded to a Craigslist ad posted by the undercover officer, which indicated she was a mother interested in incest.
Zulawski was indicted in May 2018. The criminal conduct occurred between January 16, 2018 and January 17, 2018. He traveled from Lexington, where he was staying for a week of training for the U.S. Army, to Frankfort on January 17, 2018, when he was arrested.
Robert M. Duncan, Jr., United States Attorney for the Eastern District of Kentucky; Richard F. Ferretti, Special Agent in Charge, Louisville Field Office of the United States Secret Service; and Andy Beshear, Kentucky Attorney General, jointly announced the guilty verdict.
The investigation was conducted by the U.S. Secret Service, U.S. Army Criminal Investigation Command at Ft. Campbell, and the Kentucky Office of Attorney General’s Cyber Crimes Branch. The U.S. Attorney’s Office was represented in the case by Assistant U.S. Attorneys David Marye and Will Moynahan.
Zulawski will appear for sentencing on March 18, 2020. He faces a mandatory minimum of 10 years in prison and a maximum of life, as well as a maximum $250,000 fine. However, the Court must consider the U.S. Sentencing Guidelines and the applicable federal sentencing statutes before imposing a sentence.
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Attorney General Announces Launch of Project Guardian – A Nationwide Strategic Plan to Reduce Gun ViolenceRead the Press Release
Today, Attorney General William P. Barr announced the launch of Project Guardian, a new initiative designed to reduce gun violence and enforce federal firearms laws across the country. Specifically, Project Guardian focuses on investigating, prosecuting, and preventing gun crimes.
Reducing gun violence and enforcing federal firearms laws have always been among the Department’s highest priorities. In order to develop a new and robust effort to promote and ensure public safety, the Department reviewed and adapted some of the successes of past strategies to curb gun violence. Project Guardian draws on the Department’s earlier achievements, such as the “Triggerlock” program, and it serves as a complementary effort to the success of Project Safe Neighborhoods (PSN). In addition, the initiative emphasizes the importance of using all modern technologies available to law enforcement to promote gun crime intelligence.
“Gun crime remains a pervasive problem in too many communities across America. Today, the Department of Justice is redoubling its commitment to tackling this issue through the launch of Project Guardian,” said Attorney General William P. Barr. “Building on the success of past programs like Triggerlock, Project Guardian will strengthen our efforts to reduce gun violence by allowing the federal government and our state and local partners to better target offenders who use guns in crimes and those who try to buy guns illegally.”
“Reducing gun violence in our District has been and will continue to be a fundamental priority for our Office,” said United States Attorney Robert M. Duncan, Jr. “Project Guardian will complement and amplify the proven violent crime reduction efforts of the Project Safe Neighborhoods program. We will continue to work in partnership with federal, state, and local law enforcement, in our effort to protect the public by investigating and prosecuting the armed, violent criminals in our community.”
“ATF has a long history of strong partnerships in the law enforcement community,” said Acting Director Regina Lombardo. “Make no mistake, the women and men of ATF remain steadfast to our core mission of getting crime guns off of our streets. ATF and U.S. Attorneys nationwide will leverage these partnerships even further through enhanced community outreach initiatives and coordination with local, state, and tribal law enforcement and prosecutors to cut the pipeline of crime guns from those violent individuals who seek to terrorize our communities. Project Guardian will enhance ATF’s Crime Gun Intelligence, to include identifying, investigating and prosecuting those involved in the straw purchases of firearms, lying on federal firearms transaction forms, and those subject to the mental health prohibition of possessing firearms.”
Project Guardian’s implementation is based on five principles:
1. Coordinated Prosecution. Federal prosecutors and law enforcement will coordinate with state, local, and tribal law enforcement and prosecutors to consider potential federal prosecution for new cases involving a defendant who: a) was arrested in possession of a firearm; b) is believed to have used a firearm in committing a crime of violence or drug trafficking crime prosecutable in federal court; or c) is suspected of actively committing violent crime(s) in the community on behalf of a criminal organization.
2. Enforcing the Background Check System. United States Attorneys, in consultation with the Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) in their district, will create new, or review existing, guidelines for intake and prosecution of federal cases involving false statements (including lie-and-try, lie-and-buy, and straw purchasers) made during the acquisition or attempted acquisition of firearms from Federal Firearms Licensees.
Particular emphasis is placed on individuals convicted of violent felonies or misdemeanor crimes of domestic violence, individuals subject to protective orders, and individuals who are fugitives where the underlying offense is a felony or misdemeanor crime of domestic violence; individuals suspected of involvement in criminal organizations or of providing firearms to criminal organizations; and individuals involved in repeat denials.
3. Improved Information Sharing. On a regular basis, and as often as practicable given current technical limitations, ATF will provide to state law enforcement fusion centers a report listing individuals for whom the National Instant Criminal Background Check System (NICS) has issued denials, including the basis for the denial, so that state and local law enforcement can take appropriate steps under their laws.
4. Coordinated Response to Mental Health Denials. Each United States Attorney will ensure that whenever there is federal case information regarding individuals who are prohibited from possessing a firearm under the mental health prohibition, such information continues to be entered timely and accurately into the United States Attorneys’ Offices’ case-management system for prompt submission to NICS. ATF should engage in additional outreach to state and local law enforcement on how to use this denial information to better assure public safety.
Additionally, United States Attorneys will consult with relevant district stakeholders to assess feasibility of adopting disruption of early engagement programs to address mental-health-prohibited individuals who attempt to acquire a firearm. United States Attorneys should consider, when appropriate, recommending court-ordered mental health treatment for any sentences issued to individuals prohibited based on mental health.
5. Crime Gun Intelligence Coordination. Federal, state, local, and tribal prosecutors and law enforcement will work together to ensure effective use of the ATF’s Crime Gun Intelligence Centers (CGICs), and all related resources, to maximize the use of modern intelligence tools and technology. These tools can greatly enhance the speed and effectiveness in identifying trigger-pullers and finding their guns, but the success depends in large part on state, local, and tribal law enforcement partners sharing ballistic evidence and firearm recovery data with the ATF.
Federal law enforcement represents only about 15 percent of all law enforcement resources nationwide. Therefore, partnerships with state, local, and tribal law enforcement and the communities they serve are critical to addressing gun crime. The Department recognizes that sharing information with our state, local, and tribal law enforcement partners at every level will enhance public safety, and provide a greater depth of resources available to address gun crime on a national level.
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MEDIA ADVISORY: United States Attorney Robert Duncan Jr. and ATF to Discuss Gun Violence in Eastern District of KentuckyRead the Press Release
LEXINGTON, Ky. – United States Attorney Robert M. Duncan Jr., will be joined with federal partner, Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), to discuss gun violence in the Eastern District of Kentucky.
Who: Robert M. Duncan Jr., United States Attorney for the Eastern District of Kentucky
Tommy Estevan, Acting Special Agent in Charge, ATF
Where: U.S. Attorney's Office
Eastern District of Kentucky
260 W. Vine Street, Suite 300
Lexington, Kentucky, 40507
When: Wednesday, Nov. 13, 2019 at 3:30 p.m.
Bath County Woman Sentenced to 12 Months for Social Security FraudRead the Press Release
LEXINGTON, Ky. – A Bath County woman, Della Mae Barnett, 62, was sentenced in federal court Thursday, to 12 months in prison, for committing Social Security fraud.
Barnett pleaded guilty in July 2019, before United States District Judge Karen K. Caldwell. In Barnett’s plea agreement, she admitted that, from September 2006 to February 2016, she knowingly and willfully made false representations to the SSA, indicating that her husband did not live in the same household with her, to avoid his income making her ineligible to receive Supplemental Security Income benefits. Her husband was, in fact, a household member, and his income would have impacted her entitlement to SSI benefits.
Barnett fraudulently received $77,003.00 from the SSA. Barnett also admitted that her associated coverage, under the Kentucky Medicaid Program, was likewise fraudulent. The total amount of inappropriate benefits expended by Kentucky Medicaid was $157,684.78. As part of her sentence, the Court ordered Barnett to repay these amounts in restitution, totaling $234,687.78.
Under federal law, Barnett must serve, at a minimum, 85 percent of her prison sentence. She will then be under the supervision of the United States Probation Office for three years, after being released.
Robert M. Duncan, Jr., United States Attorney for the Eastern District of Kentucky, and Wayne R. Warren, Resident Agent-in-Charge, SSA Office of the Inspector General, Nashville Office, jointly announced the sentence.
The investigation was directed by the SSA-OIG. The United States was represented by Special Assistant U.S. Attorney James T. Chapman.
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Laurel County Man Sentenced to 140 Months for Armed Drug Trafficking ConspiracyRead the Press Release
LONDON, Ky. — Scott Patterson, 43, of Lily, Kentucky, was sentenced Friday to 140 months in federal prison, by United States District Court Judge Robert E. Wier, for conspiracy to traffic drugs and possessing a firearm in furtherance of drug trafficking.
Patterson pled guilty to the charges in June 2018. According to his plea agreement, Patterson was obtaining methamphetamine, Xanax, marijuana, and oxycodone and was working together with others to sell these drugs in Laurel, Whitley, and Clay Counties. Patterson also admitted to being armed during the course of his drug trafficking activities. Patterson’s involvement in drug trafficking ended on June 2018, when he was arrested after breaking into a residence while possessing a firearm, methamphetamine, Xanax pills, and about $6,000 in drug proceeds.
Patterson admitted in his plea agreement that he had been previously convicted to a felony offense related to the manufacture of methamphetamine in 2010.
Four others who participated in the conspiracy have previously pled guilty and been sentenced, including: Jake Messer (150 months), Josh Towe (121 months), Myra Vandenk (61 months), and Henry Hall (53 months). Messer, Towe, and Hall all possessed firearms in connection to their drug trafficking offenses. According to court documents, Hall’s residence was a target of a series of raids on July 4, 2018. Over $300,000 in drug proceeds from Xanax sales was seized from Hall.
The July 4, 2018 raids also included searches of the residence of Jeffrey Ghent and Ricky Melton, both of whom have also pled guilty and been sentenced as co-defendants of Patterson. From Ghent’s residence, law enforcement seized nearly 300 grams of high purity crystal methamphetamine and four firearms. From Melton’s residence, law enforcement seized methamphetamine, hydrocodone, oxycodone, Xanax, marijuana, over $27,000 in drug proceeds, and 22 firearms, 12 of which were loaded. In connection with these offenses, earlier this year, Ghent was sentenced to 110 months in prison and Melton was sentenced to 120 months.
Under federal law, each of these individuals must serve 85 percent of their prison sentence; and upon their release, they will be under the supervision of the United States Probation Office.
Robert M. Duncan, Jr., United States Attorney for the Eastern District of Kentucky; Tommy Estavan, Acting Special Agent in Charge for the ATF Louisville Field Division; Richard Sanders, Commissioner of Kentucky State Police; Chris Fultz, Chief of Manchester Police Department; Patrick Robinson, Clay County Sheriff; Col. Rusty Hedrick, Chief of Corbin Police Department; and Roger W. Bird, Chief of Williamsburg Police Department, jointly made the announcement.
The investigation was conducted by ATF, Kentucky State Police, the Manchester Police Department, the Clay County Sheriff’s Department, the Corbin Police Department, and the Williamsburg Police Department. The United States was represented by Assistant United States Attorney Andrew H. Trimble.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. The PSN program was reinvigorated as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.
Knox County Man Sentenced to 121 Months for Methamphetamine Trafficking ConspiracyRead the Press Release
LONDON, Ky. – James Mills, of Barbourville, Kentucky, was sentenced Thursday to 121 months in federal prison, by United States District Judge Robert E. Wier, for conspiracy to distribute 50 grams or more of methamphetamine.
James Mills pled guilty in July 2019. According to his plea agreement, Mills admitted to conspiring with others to distribute methamphetamine in Knox County, between December 2017 and September 2018. Mills also admitted, on one occasion, in July 2018, he distributed over 150 grams of high-purity methamphetamine.
Under federal law, James Mills must serve 85 percent of this prison sentence and will be under the supervision of the U.S. Probation Office for five years following his release.
Travis Mills and Gretchen Delph have both pled guilty to charges connected to the same conspiracy. Mills will be sentenced on December 30, and Delph will be sentenced on December 9.
Robert M. Duncan, Jr., United States Attorney for the Eastern District of Kentucky; James Robert Brown Jr., Special Agent in Charge of the FBI; and Darrel Kilburn, Chief of the London Police Department, jointly made the announcement. The United States was represented by Assistant United States Attorney Andrew H. Trimble.
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Harlan County Man Sentenced to 181 Months for Armed Methamphetamine TraffickingRead the Press Release
LONDON, Ky. – Travis Napier, 26, of Harlan County, was sentenced Friday to 181 months in federal prison, by United States District Judge Robert E. Wier, for charges related to armed methamphetamine trafficking.
According to Napier’s plea agreement, on three occasions between February and June of 2018, his vehicle was stopped and searched, and law enforcement discovered a box containing multiple ounces of methamphetamine. Napier admitted that on two of those occasions, the box also contained a firearm and ammunition. On the third stop, a firearm was found elsewhere in the vehicle, along with a hatchet, brass knuckles, and nun chucks. The investigation revealed that, for more than a year, Napier had been traveling to Louisville to obtain methamphetamine, and returning to sell it in Harlan County.
Napier’s co-conspirator, James Southard, was previously convicted and sentenced to 125 months in prison for his role in the offense.
Under federal law, Napier and Southard must serve 85 percent of their prison sentences and will be under the supervision of the U.S. Probation Office for five years following their release.
Robert M. Duncan, Jr., United States Attorney for the Eastern District of Kentucky; Dan Dodds, Acting Special Agent in Charge of the DEA Louisville Field Division; Richard Sanders, Commissioner of Kentucky State Police; Mike Smith, Knox County Sheriff; Leslie Smith, Harlan County Sheriff; and Winston Tye, Chief of the Barbourville Police Department, jointly announced the sentence. The United States was represented by Assistant U.S. Attorney Andrew H. Trimble.
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Frankfort Man Sentenced to 64 Months for Illegal Firearm PossessionRead the Press Release
FRANKFORT, Ky.— Kian T. Christopher, of Frankfort, was sentenced to 64 months in federal prison on Thursday, by United States Federal Judge Gregory F. VanTatenhove, after pleading guilty to being a convicted felon in possession of a firearm.
According to Christopher’s plea agreement, in August 2018, Frankfort Police Department officers were dispatched to the Veterans of Foreign Wars, where gunshots had been reported. In his plea agreement, Christopher admitted that officers observed him throwing a firearm on the ground at the scene and, during the investigation, officers also located multiple spent shell casings, along with a female inside with a gunshot wound.
Christopher pleaded guilty to the charges in May 2019. Christopher had previously been convicted of two counts of second degree robbery in 2013.
Under federal law, Christopher must serve 85 percent of his prison sentence and will be under the supervision of the U.S. Probation Office for three years.
Robert M. Duncan, Jr., United States Attorney for the Eastern District of Kentucky; Tommy Estevan, Special Agent in Charge for ATF; and Chief Charles Adams, Frankfort Police Department, jointly announced the sentence.
The investigation was conducted by the ATF and Frankfort Police Department. The United States was represented by Assistant U.S. Attorneys Cynthia T. Rieker.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. The PSN program was reinvigorated as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.
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Frankfort Brothers Plead Guilty to Wage and Hour Offenses, and one also Plead to Receiving Child PornographyRead the Press Release
FRANKFORT, Ky. – Two Frankfort brothers appeared in federal court on Thursday, before U.S. District Court Judge Gregory F. Van Tatenhove, and admitted to committing wage and hour offenses. One brother also admitted to knowingly receiving child pornography.
Fei Guo Tang, 49, pleaded guilty to knowingly receiving visual depictions of a minor engaging in sexually explicit conduct and knowingly failing to pay workers minimum wages and time-and-a-half wages for hours worked in excess of 40 hours per week.
According to his plea agreement, a forensic examination of Fei Ghou Tang’s telephone revealed five videos containing depictions of minors engaged in sexually explicit conduct. Additionally, Fei Guo Tang failed to pay a total of $60,690.36 in required overtime and minimum wages to five of his employees.
Fei Zhou Tang, 51, pleaded guilty to knowingly making false statements on an Employer’s Quarterly Unemployment Wage and Tax Report and knowingly failing to pay workers time-and-a-half wages for hours worked in excess of 40 hours per week.
Fei Zhou Tang admitted that he knowingly made the false statements on the Employer’s Quarterly Wage and Tax Report by omitting the names of undocumented workers, on multiple quarterly unemployment forms, and failing to pay overtime wages to workers who worked more than forty hours per week. According to his plea agreement, Fei Zhou Tang failed to pay a total of $229,207.26 in required overtime and minimum wages to six employees.
Fei Guo Tang was initially indicted in March 2019. He pleaded guilty to charges contained in a Second Superseding indictment, which was returned in May 2019. His brother Fei Zhou Tang was initially indicted in July 2018. He pleaded guilty to charges contained in a Second Superseding indictment, which was returned in June 2019.
Robert M. Duncan, Jr., United States Attorney for the Eastern District of Kentucky; Jason Crosby, U.S. Department of State, Diplomatic Security Service, Supervisory Special Agent, Criminal Division Chief; Matthew Utley, Assistant District Director, Department of Labor Wage and Hour Division; Rafiq Ahmad Special Agent in Charge, DOL Office of Inspector General; Rod Owens, Special Agent in Charge, Social Security Administration, Office of Inspector General; and Kentucky Attorney General Andy Beshear jointly announced the guilty pleas.
The investigation was conducted by the Department of State, Department of Labor, Social Security Administration, Office of Inspector General, and the Kentucky Office of the Attorney General. The United States was represented by Assistant U.S. Attorneys Hydee Hawkins, David Marye, and Dmitriy Slavin.
Fei Guo Tang is scheduled to be sentenced on February 26, 2020 at 10 a.m. He faces not less than five years and not more than 20 years for receiving child pornography. Fei Zhou Tang is also scheduled to be sentenced on February 26, 2020 at 11 a.m. He faces up to five years in prison and a maximum fine of $250,000 for making false statements. In addition, both brothers will be required to pay restitution, a money judgment in lieu of forfeiture, and a civil fine for failing to pay required wages. However, any sentence will be imposed by the Court, after its consideration of the U.S. Sentencing Guidelines and the federal sentencing statutes.
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Shelbyville Man Sentenced to 108 Months for Possession of a Firearm in Furtherance of Drug TraffickingRead the Press Release
FRANKFORT, Ky- A Shelbyville, Kentucky, man Todd G. Harris, 33, who previously admitted to drug possession with the intent to distribute and possession of a firearm in furtherance of drug trafficking, was sentenced Wednesday by U.S. District Court Judge Gregory VanTatenhove to 108 months in prison.
According to his plea agreement, Harris was found unconscious in a wrecked vehicle in July 2018 by officers with the Shelbyville Police Department. Upon search, officers also located a Glock 9 mm and a bag containing marijuana and Xanax tablets. Harris admitted to possession with intent to distribute alprazolam and possession of a firearm in furtherance of drug trafficking. Harris was previously convicted of trafficking marijuana in 2014.
Harris pleaded guilty in June 2019.
Under federal law, Harris must serve 85 percent of his prison sentence and will be under the supervision of the U.S. Probation Office for five years.
Robert M. Duncan, Jr., United States Attorney for the Eastern District of Kentucky, Tommy Estevan, Acting Special Agent in Charge for ATF, and Chief Bruce Gentry, Shelbyville Police Department, jointly announced the sentence.
The investigation was conducted by ATF and Shelbyville Police Department. The United States was represented by Assistant U.S. Attorney Cynthia T. Rieker.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. The PSN program was reinvigorated as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.
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Magoffin County Nurse Sentenced to 24 Months for Tampering with Hospital MedicationRead the Press Release
PIKEVILLE, Ky. - A Salyersville, Kentucky, woman, Kelsie Spencer, 25, was sentenced to 24 months in federal prison by United States District Judge Robert Wier on Tuesday, following her conviction for tampering with a controlled substance.
According to Spencer’s plea agreement, while working as a nurse at Paul B. Hall Regional Medical Center, she removed vials of butorphanol tartrate (Stadol) from the drug supply area of the hospital, for her own personal use. Spencer then injected a saline solution back into the vials, in order to conceal her criminal activity. In her plea agreement, Spencer acknowledged that she acted with reckless disregard for the risk that another person would be placed in danger of death or bodily injury, if health care personnel had attempted to utilize these altered drugs on a patient that actually needed them.
Spencer pleaded guilty in July 2019.
Under federal law, Spencer must serve 85 percent of her prison sentence and will be under the supervision of the U.S. Probation Office for three years.
Robert M. Duncan, Jr., United States Attorney for the Eastern District of Kentucky; Mark S. McCormack, Special Agent in Charge for the Food and Drug Administration – Office of Criminal Investigations; and Commissioner Richard Sanders, Kentucky State Police, jointly announced the sentence.
The investigation was conducted by the U.S. Food and Drug Administration, Office of Criminal Investigations and the Kentucky State Police. The United States was represented by Assistant U.S. Attorneys William S. Dotson and Andrew Trimble.
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Lexington Man Pleads Guilty to Trafficking Crack CocaineRead the Press Release
FRANKORT, Ky.- A Lexington, Kentucky, man admitted in federal court Wednesday that he trafficked 28 grams or more of crack cocaine.
Devaun Laquis Robertson, 27, pleaded guilty today to possession with intent to distribute cocaine base (crack cocaine) before U.S. District Court Judge Gregory VanTatenhove.
According to Robertson’s plea agreement, in March 2019, Lexington Police searched his residence and found a digital scale with residue. In the plea agreement, he admitted also the officers then searched Robertson’s vehicle and found 39.446 grams of crack cocaine. Robertson admitted that he knowingly and intentionally possessed with intent to distribute the crack cocaine found in his vehicle.
Robertson was indicted in August 2019.
Robert M. Duncan, Jr., United States Attorney for the Eastern District of Kentucky, and Chief Lawrence Weathers of the Lexington Police Department, jointly announced the guilty plea.
The investigation was conducted by Lexington Police Department. The U.S. Attorney’s Office was represented by Assistant U.S. Attorney Cynthia T. Rieker.
Robertson is scheduled to be sentenced on March 4, 2020. He faces up to 40 years in prison and a maximum fine of $5 million. However, any sentence will be imposed by the Court after consideration of the U.S. Sentencing Guidelines and the federal sentencing statutes.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. The PSN program was reinvigorated as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.
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Three Carlisle Farmers Plead Guilty to Charges Related to Crop Insurance FraudRead the Press Release
LEXINGTON, Ky. - Three Carlisle, Kentucky farmers admitted in federal court Thursday, before United States District Judge Karen Caldwell, that they committed crop insurance fraud-related offenses.
Bradley Price, 34, pleaded guilty to conspiring to commit money laundering. According to his plea agreement, Bradley Price farmed tobacco in Nicholas and Bourbon Counties and carried federal crop insurance covering those crops in at least 2013 and 2014. During those two years, Price admitted to working with individuals identified as E.P. and R.W. to hide his crop production from his crop insurance company. The scheme involved Bradley Price providing his tobacco to E.P. to sell and then writing a check for that sales price to Clay’s Tobacco Warehouse. In this way, it appeared that Bradley Price had purchased the tobacco he sold through E.P. from Clay’s Tobacco Warehouse, and Bradley Price never reported this crop production to his insurance company. R.W. then wrote checks covering the price of the sale that tobacco, and E.P. applied 70 percent of those checks to Bradley Price’s bank account, keeping the 30 percent as his payment. This meant that Bradley Price was paid for his crop production, while also receiving an insurance payment from his crop insurance company for damage to that same crop.
Jimmy Price, 57, and Brandon Price, 27, both pleaded guilty to conspiring to commit crop insurance fraud. According to their plea agreements, Jimmy Price farmed tobacco in Nicholas and Bourbon Counties, and Brandon Price farmed tobacco in Nicholas County. Both carried federal crop insurance covering their tobacco in at least 2013 and 2014. In those years, both admitted to engaging in the same scheme as Bradley Price with E.P. and R.W., except that Jimmy and Brandon’s plea agreements state that Bradley Price handled concealing the scheme, after providing Bradley Price with blank checks drawn on their respective bank accounts.
All three defendants are scheduled to be sentenced on January 22, 2020. Bradley Price faces up to 20 years in prison and a maximum fine of $500,000 or twice the amount of loss. Jimmy and Brandon Price face up to five years in prison and a maximum fine of $250,000 or twice the amount of loss. However, any sentence will be imposed by the Court, after its consideration of the U.S. Sentencing Guidelines and the federal sentencing statutes.
Robert M. Duncan Jr., United States Attorney for the Eastern District of Kentucky; Bethanne M. Dinkins, Acting Special Agent in Charge, United States Department of Agriculture Office of Inspector General; James Robert Brown, Jr.,, Special Agent in Charge, Federal Bureau of Investigation; Christopher Altemus, Special Agent in Charge, Internal Revenue Service-Criminal Investigation; and Dwayne Depp, Director, Kentucky Department of Insurance Fraud Investigation Division, jointly announced the guilty pleas.
The investigation was conducted by the United States Department of Agriculture Office of Inspector General, United States Department of Agriculture Risk Management Agency, Federal Bureau of Investigation, Internal Revenue Service-Criminal Investigation, and Kentucky Department of Insurance. The United States was represented by Assistant U.S. Attorneys Erin M. Roth and Kathryn A. Anderson.
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Detroit Man Sentenced for Trafficking Oxycodone throughout KentuckyRead the Press Release
Lexington, KY- Emmanuel Maurice Strange, who previously admitted to conspiring to distribute hundreds of oxycodone pills throughout Nicholasville, Kentucky, and surrounding areas, was sentenced this week.
U.S. District Court Chief Judge Danny C. Reeves sentenced Strange, who had no prior drug trafficking history, to 46 months imprisonment. Strange is the last of his co-defendants to be sentenced in the case. The other four defendants involved, Derald Johnson, Jami Oliver, Dave Barnett, and Roberto Avalos Gallegos, were previously sentenced to 67 months, 41 months, 37 months, and 18 months, respectively.
According to plea agreements, Strange, Johnson, Oliver, Barnett, Avalos, and others, worked together to distribute oxycodone throughout Nicholasville, Kentucky and surrounding areas. Strange was responsible for transporting oxycodone pills from Detroit, Michigan to Nicholasville, Kentucky, where Barnett would further distribute the pills. Johnson, aided and abetted by Oliver, also supplied large quantities of oxycodone to Barnett, and were observed conducting a distribution to Avalos on the day of their arrest.
Under federal law, the defendants must serve 85 percent of their prison sentence. Afterwards, Johnson will be under the supervision of the U.S. Probation Office for five years, and all other defendants will be under supervision for three years.
“The distribution of opioids, such as oxycodone pills, remains a significant issue in central Kentucky,” said Robert M. Duncan, Jr., United States Attorney for the Eastern District of Kentucky. “Our Office is committed to working with our law enforcement partners to hold opioid traffickers, like these defendants, accountable for their criminal conduct. I commend the hard work and cooperation of federal, state, and local law enforcement in dismantling a significant, multi-state drug trafficking operation that was responsible for the distribution of thousands of oxycodone pills in our region.”
Robert M. Duncan, Jr., United States Attorney for the Eastern District of Kentucky, Daniel Dodds, Acting Special Agent in Charge, DEA, Louisville Field Division; Commissioner Chief Todd Justice, Nicholasville Police Department Drug Task Force jointly announced the sentences.
The investigation was conducted by DEA and Nicholasville Police Department’s Drug Task Force. The U.S. Attorney’s Office was represented by Assistant U.S. Attorneys Lauren Tanner Bradley.
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MEDIA ADVISORY: United States Attorney Robert Duncan Jr. holds roundtable discussion with local, state, and federal partners about Red Ribbon WeekRead the Press Release
LEXINGTON, Ky. – United States Attorney Robert M. Duncan Jr., will be joined with federal, state, and local partners to have a roundtable discussion about Red Ribbon Week (October 23-31) and the impact of the week on central Kentucky.
Who: Robert M. Duncan Jr., United States Attorney for the Eastern District of Kentucky
Todd Kuehnlein, Resident Agent in Charge, Drug Enforcement Administration
Major Mike Rogers, Kentucky State Police
Mayor of Lexington, Linda Gorton
Sheriff Kathy Witt, Fayette County Sheriff’s Department
Chief Lawrence Weathers, Lexington Police Department
Where: U.S. Attorney's Office
Eastern District of Kentucky
260 W. Vine Street, Suite 300
Lexington, Kentucky, 40507
When: Thursday, Oct. 24, 2019 at 11 a.m.
Lexington Man Sentenced to 235 Months in Federal Prison for Trafficking Heroin and Crystal MethamphetamineRead the Press Release
LEXINGTON, Ky. - A Lexington man, Juan Gomez, 29, who was found guilty by a federal jury in June, of possession with the intent to distribute heroin and methamphetamine, was sentenced today to 235 months in federal prison, by Chief United States District Judge Danny Reeves.
The evidence presented at his trial established that Gomez was originally charged in December 2015, with possession with intent to distribute heroin, after he wrecked his vehicle into a telephone pole and the heroin was found in his vehicle. Then, in July 2017, while intoxicated, Gomez wrecked his vehicle into the back of an off duty University of Kentucky police officer. A search of the vehicle yielded over 15 pounds of crystal methamphetamine, several pounds of marijuana, and approximately $60,000 in drug proceeds.
Under federal law, Gomez must serve 85 percent of his prison sentence and will be under the supervision of the U.S. Probation Office for five years. Additionally, Gomez was ordered to forfeit $60,131.
“Investigating and prosecuting drug distribution cases like this one is and will continue to be a significant priority for our Office,” said Robert M. Duncan, Jr., United States Attorney for the Eastern District of Kentucky. “The defendant intended to distribute two types of dangerous drugs – heroin and methamphetamine – that have both caused great damage to our District. The sentence imposed by the Court reflects the seriousness of the defendant’s conduct and the devastating impact of these drugs on those that use them. Working with our partners in law enforcement, we are committed to holding drug traffickers like the defendant accountable for their actions and stopping the flow of drugs into our communities.”
Robert M. Duncan, Jr., United States Attorney for the Eastern District of Kentucky; Dan Dodds, Special Agent in Charge of the DEA; and Chief Lawrence Weathers of the Lexington Police Department, jointly announced the sentence.
The investigation was conducted by the Lexington Police Department and the Drug Enforcement Administration (DEA). The United States was represented by Assistant U.S. Attorneys Roger W. West and Tashena Fannin.
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Department of Justice awards more than $85.3 million in grants to address school violenceRead the Press Release
WASHINGTON – Today, the Department of Justice announced it has awarded more than $85.3 million to bolster school security—including funding to educate and train students and faculty—and support first responders who arrive on the scene of a school shooting or other violent incident.
“These federal resources will help to prevent school violence and give our students the support they need to learn, grow, and thrive,’ said Attorney General William P. Barr. “By training faculty, students and first responders, and by improving school security measures, we can make schools and their communities safer.”
“Preventing school violence is critically important. We are appreciative that the Department of Justice provided the additional resources to schools in the Eastern District of Kentucky,” said Robert M. Duncan Jr., United States Attorney for the Eastern District of Kentucky. “These resources will help ensure a safe and secure learning environment for students and ultimately make schools and communities safer.”
The grants award more than $1.7 million in funding to prevent violence in schools in the Eastern District of Kentucky. President Trump signed the STOP School Violence Act into law in March 2018, authorizing grants that are designed to improve threat assessments, train students and faculty to provide tips and leads, and prepare law enforcement officers and emergency professionals to respond to school shootings and other violent incidents. The grant programs are managed by OJP’s Bureau of Justice Assistance and the Justice Department’s Office of Community Oriented Policing Services.
The Bureau of Justice Assistance, within the Department’s Office of Justice Programs, and the Office of Community Oriented Policing Services manage the programs and administer the grants, which include funds to:
- Develop school threat assessment teams and pursue technological solutions to improve reporting of suspicious activity in and around schools;
- Implement or improve school safety measures, including coordination with law enforcement, as well as the use of metal detectors, locks, lighting and other deterrent measures;
- Train law enforcement to help deter student violence against others and themselves;
- Improve notification to first responders through implementation of technology that expedites emergency notifications;
- Develop and operate anonymous reporting systems to encourage safe reporting of potential school threats;
- Train school officials to intervene when mentally ill individuals threaten school safety; and
- Provide training and technical assistance to schools and other awardees in helping implement these programs.
For more details about these individual award programs, as well as listings of individual 2019 awardees, visit https://go.usa.gov/xVJuV
About the Office of Justice Programs:
The Office of Justice Programs, directed by Principal Deputy Assistant Attorney General Katharine T. Sullivan, provides federal leadership, grants, training, technical assistance and other resources to improve the nation’s capacity to prevent and reduce crime, assist victims and enhance the rule of law by strengthening the criminal justice system. More information about OJP and its components can be found at www.ojp.gov.
About the Office of Community Oriented Policing Services:
The COPS Office is a federal agency responsible for advancing community policing nationwide. Since 1994, the COPS Office has invested more than $14 billion to advance community policing, including grants awarded to more than 13,000 state, local and tribal law enforcement agencies to fund the hiring and redeployment of approximately 130,000 officers and provide a variety of knowledge resource products including publications, training and technical assistance. For additional information about the COPS Office, please visit www.cops.usdoj.gov.
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Kentucky Physician Pleads Guilty to Unlawfully Distributing OpioidsRead the Press Release
LEXINGTON, Ky. – A Floyd County, Kentucky-based physician pleaded guilty Thursday for his role in unlawfully distributing opioids by pre-signing blank prescriptions that were ultimately completed by others and delivered to patients not seen by him.
Assistant Attorney General Brian A. Benczkowski of the Justice Department’s Criminal Division, U.S. Attorney Robert M. Duncan Jr. of the Eastern District of Kentucky, Special Agent in Charge Derrick Jackson of the U.S. Department of Health and Human Services Office of Inspector General’s (HHS-OIG) Atlanta Field Office, Special Agent in Charge D. Christopher Evans of the U.S. Drug Enforcement Administration’s (DEA) Louisville Field Division and Director Michelle Rudovich of the Kentucky Medicaid Fraud Control Unit (MFCU) made the announcement.
Mohammed A.H. Mazumder, M.D., 48, of Prestonsburg, Kentucky, pleaded guilty to one count of conspiracy to unlawfully distribute controlled substances. He is scheduled to be sentenced on Feb. 19, 2020, by U.S. District Judge Gregory F. Van Tatenhove of the Eastern District of Kentucky, who accepted his plea.
Mazumder was a licensed physician employed by a family practice clinic located in Prestonsburg, Kentucky. A substantial part of the clinic’s practice was pain management, and Mazumder routinely prescribed controlled substances, including opioids, to patients of the clinic. According to admissions made as part of his plea agreement, on occasion, when Mazumder was planning to be absent from the clinic, in anticipation of patients nevertheless coming to the clinic, Mazumder pre-signed prescriptions for opioids, which later were completed by other staff members of the clinic and ultimately delivered to patients not seen by Mazumder. Specifically, as part of his plea, Mazumder admitted to pre-signing prescriptions for opioids prior to traveling abroad.
“This medical professional conspired to unlawfully distribute controlled substances and violated his oath to do no harm,” said Robert M. Duncan, Jr., United States Attorney for the Eastern District of Kentucky. “He was supposed to serve the needs of his patients; instead, he contributed to the opioid epidemic, allowing powerful opioids to be unnecessarily prescribed, even when he was not physically present at his medical clinic, by using pre-signed prescriptions. We are proud to work in partnership with our law enforcement colleagues as part of the ARPO Strike Force and to help combat this dangerous and illegal conduct.”
HHS-OIG, the DEA and the Kentucky MFCU investigated the case. Assistant Chief Dustin M. Davis of the Criminal Division’s Fraud Section and Assistant U.S. Attorney Andrew E. Smith of the Eastern District of Kentucky are prosecuting the case.
The Fraud Section leads the ARPO Strike Force. Since its inception in October 2018, the ARPO Strike Force, which operates in 10 districts, has charged more than 70 defendants who are collectively responsible for distributing more than 40 million pills.
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Former Osteo Relief Institutes and Their Owners to Pay over $7.1 Million to Resolve Allegations of Unnecessary Knee Injections and BracesRead the Press Release
Seven former Osteo Relief Institutes (ORIs) and their owners have agreed to pay the United States collectively more than $7.1 million to resolve False Claims Act allegations that they knowingly billed Medicare for medically unnecessary viscosupplementation injections and medically unnecessary knee braces, the Justice Department announced today.
“Billing Medicare for medically unnecessary items and procedures puts patients at risk and wastes taxpayer funds,” said Assistant Attorney General Jody Hunt of the Civil Division. “Today’s settlement demonstrates that the Department of Justice will pursue companies and individuals who seek to benefit at the expense of federal health care programs and their beneficiaries.”
“Providers who bill the Medicare system must do so in a manner that is consistent with good patient care,” said Erica MacDonald, U.S. Attorney for the District of Minnesota. “When individuals and entities permit financial motivation to cloud their judgment, our office is committed to addressing these abuses. We very much appreciate the tireless investigative efforts of our law enforcement partners at the Federal Bureau of Investigation and Health and Human Services in pursuing this nationwide investigation.”
“This settlement demonstrates that the U.S. Attorney’s Office will continue to identify and hold accountable those healthcare providers who improperly bill medically unnecessary services,” said Robert M. Duncan Jr., U.S. Attorney for the Eastern District of Kentucky. “It is also an example of our commitment to identify those who seek to defraud the government, as well as to work with whistleblowers, who play a critical role in helping keep entities honest, and are encouraged to report suspected waste, fraud, and abuse by those billing federal programs.”
“Providing unnecessary care in an effort to increase profits is illegal and may put patients at risk,” said Lamont Pugh, Special Agent in Charge for the Office of Inspector General of the U.S. Department of Health and Human Services. “The OIG’s five-year compliance agreement in the Osteo Relief Institutes case is designed to ensure such alleged behavior will not be repeated.”
Viscosupplementation is a treatment for osteoarthritis, in which a doctor injects a gel-like fluid into a patient’s knee joint to act as a lubricant and to supplement the natural properties of joint fluid. The government alleged that these clinics administered viscosupplementation injections to patients who did not need them, used multiple brands of viscosupplements successively on patients without clinical support, and used discounted viscosupplements reimported from foreign countries. The government also alleged that they provided unnecessary custom knee braces to patients.
The ORI clinics and their owners in Phoenix, Arizona; San Diego, California; Lexington, Kentucky; Wall Township, New Jersey; Dallas, Texas; and San Antonio, Texas have agreed collectively to pay the United States $6 million, and the clinic in Colorado Springs, Colorado, has agreed to pay the United States approximately $1.13 million to resolve its role in the submission of false claims to Medicare for medically unnecessary viscosupplementation and braces.
Contemporaneous with the civil settlement, the settling ORI clinics and related parties entered into a Corporate Integrity Agreement (CIA) with the Department of Health and Human Services Office of Inspector General. The CIA requires implementation of comprehensive compliance controls and annual ORI clinics claims reviews by an Independent Review Organization.
The allegations resolved by today’s settlement were identified by a government investigation that arose out of a critical analysis of Medicare claims data. The settlement also resolves a lawsuit filed against the ORIs and their owners under the False Claims Act’s qui tam provisions, which permit private individuals to sue on behalf of the government for false claims and to share in any recovery. The Act allows the government to intervene and take over the action, as it did, in part, in this case. The whistleblower in this action will receive $857,550.
The government’s settlement in this matter illustrates its emphasis on combating health care fraud. One of the most powerful tools in this effort is the False Claims Act. Tips and complaints from all sources about potential fraud, waste, abuse, and mismanagement, can be reported to the Department of Health and Human Services, at 800-HHS-TIPS (800-447-8477).
The matter was investigated by the Civil Division’s Commercial Litigation Branch, the U.S. Attorney’s Office for the District of Minnesota, the U.S. Attorney’s Office for the Eastern District of Kentucky, the Department of Health and Human Services Office of Inspector General, and the Federal Bureau of Investigation. The claims asserted against defendants are allegations only, and there has been no determination of liability.
Kentucky Physician Pleads Guilty to Unlawfully Distributing OpioidsRead the Press Release
A Floyd County, Kentucky-based physician pleaded guilty today for his role in unlawfully distributing opioids by pre-signing blank prescriptions that were ultimately completed by others and delivered to patients not seen by him.
Assistant Attorney General Brian A. Benczkowski of the Justice Department’s Criminal Division, U.S. Attorney Robert M. Duncan Jr. of the Eastern District of Kentucky, Special Agent in Charge Derrick Jackson of the U.S. Department of Health and Human Services Office of Inspector General’s (HHS-OIG) Atlanta Field Office, Special Agent in Charge D. Christopher Evans of the U.S. Drug Enforcement Administration’s (DEA) Louisville Field Division and Director Michelle Rudovich of the Kentucky Medicaid Fraud Control Unit (MFCU) made the announcement.
Mohammed A.H. Mazumder, M.D., 48, of Prestonsburg, Kentucky, pleaded guilty to one count of conspiracy to unlawfully distribute controlled substances. He is scheduled to be sentenced on Feb. 19, 2020, by U.S. District Judge Gregory F. Van Tatenhove of the Eastern District of Kentucky, who accepted his plea.
Mazumder was a licensed physician employed by a family practice clinic located in Prestonsburg, Kentucky. A substantial part of the clinic’s practice was pain management, and Mazumder routinely prescribed controlled substances, including opioids, to patients of the clinic. According to admissions made as part of his plea agreement, on occasion, when Mazumder was planning to be absent from the clinic, in anticipation of patients nevertheless coming to the clinic, Mazumder pre-signed prescriptions for opioids, which later were completed by other staff members of the clinic and ultimately delivered to patients not seen by Mazumder. Specifically, as part of his plea, Mazumder admitted to pre-signing prescriptions for opioids prior to traveling abroad.
HHS-OIG, the DEA and the Kentucky MFCU investigated the case. Assistant Chief Dustin M. Davis of the Criminal Division’s Fraud Section and Assistant U.S. Attorney Andrew E. Smith of the Eastern District of Kentucky are prosecuting the case.
The Fraud Section leads the ARPO Strike Force. Since its inception in October 2018, the ARPO Strike Force, which operates in 10 districts, has charged more than 70 defendants who are collectively responsible for distributing more than 40 million pills.
Indianapolis Man Indicted for Money Laundering funds from Elderly VictimsRead the Press Release
LEXINGTON, Ky. – An Indianapolis man was indicted Thursday for conspiring to launder money illegally obtained from victims of elder financial exploitation.
A federal grand jury in Lexington returned an indictment charging 33-year-old Ismaila Fafunmi, a Nigerian national who is a lawful permanent resident of the United States, with one count of conspiracy to commit money laundering.
According to court records, a female victim living in the Eastern District of Kentucky met an individual on an online dating website, and was eventually defrauded into believing she was in a romantic relationship with a member of the United States military, who was stationed abroad. Through the course of their online communications, the perpetrator convinced the victim to send him money, electronics, and other items, to give him access to her bank accounts online, and to obtain a home equity line of credit to pay for his separation fee from the military. In total, she lost approximately $200,000 at the direction of her supposed online companion.
These same records indicated there was another female victim, who was defrauded into believing a friend on Facebook had pointed her to an opportunity to win a grant. She sent approximately $183,000 at the direction of the perpetrators, believing these up-front costs would lead to her award of the grant money.
According to the indictment, a portion of this money was either sent to Fafunmi himself, through the mail, or to individuals he recruited to receive money in bank accounts he had them set up, in and around the Indianapolis area.
This case is being prosecuted as part of the Department of Justice’s efforts to identify and prosecute those persons who facilitate elder financial exploitation.
The Department of Justice’s Elder Justice Mission, being carried out through the Kentucky Elder Justice Task Force, is to seek justice for victims of elder financial exploitation. Anyone who knows someone who may be a victim of an elder financial exploitation, is encouraged to contact law enforcement.
Robert M. Duncan, Jr., United States Attorney for the Eastern District of Kentucky, and James Robert Brown, Jr., Special Agent in Charge, Federal Bureau of Investigation, jointly announced the indictment.
The investigation preceding the indictment was conducted by the Federal Bureau of Investigation. The indictment was presented to the grand jury by Assistant U.S. Attorney Kathryn M. Anderson.
A date for the defendant to appear in court has not yet been scheduled. The defendant faces up to twenty years in prison for the money laundering conspiracy and a maximum fine of $500,000. However, any sentence following a conviction would be imposed by the Court after consideration of the U.S. Sentencing Guidelines and the federal statutes.
Any indictment is an accusation only. A defendant is presumed innocent and is entitled to a fair trial at which government must prove guilt beyond a reasonable doubt.
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Harrison County Constable Indicted for Producing Child PornographyRead the Press Release
LEXINGTON, Ky. - A Harrison County Constable and former Bourbon County firefighter was indicted today, for the producing child pornography.
A federal grand jury in Lexington returned an indictment charging 36 year-old William Michael Fields Jr. with two counts of using a minor to engage in sexually explicit conduct for the purpose of creating a visual depiction of that conduct.
The indictment alleges that Fields produced child pornography on March 17 and 23, 2019, each time in Bourbon County, Kentucky.
Robert M. Duncan, Jr., United States Attorney for the Eastern District of Kentucky, Chief Raymond Johnson of the Cynthiana Police Department, and John Condon, Special Agent in Charge of Homeland Security Investigations (HSI), jointly announced the indictment.
The investigation preceding the indictment was conducted by the Cynthia Police Department with assistance from HSI. The indictment was presented to the grand jury by Assistant U.S. Attorneys Erin Roth and Mary Melton.
A date for Fields to appear in court has not yet been scheduled. He faces up to 30 years in prison and a maximum fine of $5,000 for each count. However, any sentence following a conviction would be imposed by the Court after consideration of the U.S. Sentencing Guidelines and the federal statutes.
Any indictment is an accusation only. A defendant is presumed innocent and is entitled to a fair trial at which government must prove guilt beyond a reasonable doubt.
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Boyd County Man Indicted for Robbing Bluegrass Community Federal Credit Union in AshlandRead the Press Release
LEXINGTON, Ky. – A Boyd County man was indicted Thursday on a charge of robbing the Bluegrass Community Federal Credit Union (BCFCU), located in Ashland, Kentucky.
Danny P. Chaffin, 37, of Boyd County, was charged with taking over $12,000 from BCFCU, a federally insured financial institution, on April 5, 2019. On Thursday, a grand jury in Lexington returned the single-count indictment charging Chaffin with violating 18 U.S.C. § 2113(a), the federal bank robbery statute.
Robert M. Duncan, Jr., United States Attorney for the Eastern District of Kentucky; James Robert Brown, Jr., Special Agent in Charge, Federal Bureau of Investigation; and Todd Kelley, Chief of the Ashland Police Department, jointly announced the indictment. The investigation preceding the indictment was conducted by the Ashland Police Department and the Federal Bureau of Investigation.
A date for Chaffin to appear in federal court has not yet been scheduled. He faces up to 20 years in prison and a fine of $250,000. However, any sentence following a conviction would be imposed by the Court, after its consideration of the U.S. Sentencing Guidelines and the federal sentencing statutes.
Any indictment is an accusation only. A defendant is presumed innocent and is entitled to a fair trial at which the government must prove guilt beyond a reasonable doubt.
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Shelbyville Man Sentenced to 151 Months for Receiving Child PornographyRead the Press Release
FRANKFORT, Ky. – Joseph S. Gable, 63, of Shelbyville, Kentucky, was sentenced to 151 months in federal prison on Wednesday, by United States District Judge Gregory F. Van Tatenhove, for knowingly receiving child pornography.
Gable previously admitted that, in August of 2018, he knowingly received images of child pornography on his computer. A forensic examination of Gable’s computer and electronic storage devices revealed 35,972 still images and 807 videos of child pornography, including some that depicted children under the age of 12 and some that depicted sadistic or masochistic conduct.
Under federal law, Gable must serve 85 percent of his prison sentence and will be under the supervision of the U.S. Probation Office for life following his release from prison.
“Child pornography and child exploitation cases are some of the most important and impactful cases that law enforcement encounters,” said Robert M. Duncan, Jr., United States Attorney for the Eastern District of Kentucky. “We, along with our federal, state, and local law enforcement partners, are committed to holding accountable those who manufacture, possess, or receive child pornography. To be clear, receiving child pornography is not a victimless crime. The creation of these images causes untold harm to the children depicted, and their victimization continues each time an image is shared with someone else. The defendant is well deserving of the sentence he received today.
United States Attorney Duncan, Steve Igyarto, Special Agent in Charge, Department of Homeland Security- Homeland Security Investigations (DHS-HSI), and Andy Beshear, Kentucky Attorney General, jointly announced the sentence.
The investigation was conducted by HSI and the Kentucky Office of Attorney General’s Cyber Crimes Branch. The United States was represented by Assistant United States Attorney David Marye.
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Fayette County Man Sentenced to 72 Months for Illegal Firearm PossessionRead the Press Release
FRANKFORT, Ky. –Adlie Penman, 40, of Lexington, Kentucky, was sentenced to 72 months in federal prison on Wednesday, by United States District Judge Gregory F. Van Tatenhove, after pleading guilty to one count of being a convicted felon in possession of a firearm.
On November 19, 2018, officers with the Lexington Police Department responded to a residential noise complaint. While at the scene, officers observed Penman emerge from a tree line next door. Upon seeing police, Penman immediately tossed a loaded .22 caliber pistol, which was later recovered. Penman was a convicted felon, with multiple prior felony convictions including burglary and drug trafficking.
Under federal law, Penman must serve 85 percent of his 72 month sentence. Upon completion of his sentence, he will be under the supervision of the United States Probation Office for a period of three years.
Robert M. Duncan, Jr., United States Attorney for the Eastern District of Kentucky; Tommy Estevan, Acting Special Agent in Charge, ATF, Louisville Field Division; and Lawrence Weathers, Chief of Police, Lexington Police Department, jointly made the announcement.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. The PSN program was reinvigorated as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.
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Northern Kentucky Man Sentenced to 105 Months for Illegal Firearm PossessionRead the Press Release
COVINGTON, Ky. Robert Ramone Poe, 39, a Northern Kentucky man who was convicted of illegally possessing a firearm, was sentenced on Tuesday to 105 months in federal prison, by U.S. District Judge David L. Bunning.
Poe is a convicted felon and, therefore, prohibited under federal law from possessing firearms and ammunition.
In March 2019, Poe was arrested by the Northern Kentucky Drug Strike Force after a search of his Covington residence uncovered a 9 millimeter handgun in his bedroom, along with cocaine. Poe pleaded guilty to the charge in July 2019.
Under federal law, Poe must serve 85 percent of his prison sentence; and upon his release, he will be under the supervision of the United States Probation Office for three years.
Robert M. Duncan, Jr., United States Attorney for the Eastern District of Kentucky, and Tommy Estevan, Acting Special Agent in Charge of the ATF, jointly announced the sentence.
The investigation was conducted jointly by the Northern Kentucky Drug Strike Force and ATF. The United States was represented by Assistant U.S. Attorney Jennifer K. Weinhold
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Twenty-Two Year Sentence for Drug and Money Laundering ChargesRead the Press Release
LEXINGTON, Ky. – Marcos Salas Mendoza, 30, was sentenced to 22 years in federal prison for his role in a conspiracy to distribute cocaine, fentanyl, and acetylfentanyl, and to launder drug proceeds.
The investigation into Salas’ criminal activities began in 2018 and was jointly conducted by the Drug Enforcement Administration and the Lexington Division of Police. As part of the overall scheme to distribute drugs and to launder money, Salas, co-defendant Marcos Gonzalez Garfias, and others routinely smuggled drugs and drug proceeds in the axles of vehicles to avoid detection by law enforcement. Gonzalez Garfias previously pleaded guilty to the same offenses and is scheduled to be sentenced on November 1.
According to court documents, when agents executed a search warrant at Salas’s “stash house” in Lexington, they found multiple disassembled axles. The agents found large quantities of controlled substances concealed within those automotive parts and concealed within numerous appliances, such as the dishwasher, microwave oven, stove and refrigerator. Overall, agents located a total of over 3 kilograms of fentanyl nearly 1 kilogram of acetylfentanyl, and nearly 10 kilograms of cocaine from the search of the residence and a storage unit. Agents also located $134,000 in drug proceeds at the stash house.
A total of approximately $257,000 in drug proceeds was seized and forfeited as a result of the investigation. Salas admitted in his plea agreement that the drug proceeds were destined for Mexico to members of the larger drug trafficking organization to promote their drug-trafficking activities.
“Fentanyl is potentially lethal at very low levels – a dose as small as 2 milligrams can be deadly. The defendant is responsible for conspiring to distribute nearly 6 pounds of fentanyl and over a pound of acetylfentanyl- enough to kill well over one million people,” said United States Attorney Robert M. Duncan Jr. “I commend the cooperative efforts of the Lexington Police Department and DEA in this investigation. Removing these large quantities of deadly drugs from the community undoubtedly saved lives. The lengthy sentence imposed by the Court reflects the dangerousness of the defendant’s conduct and should serve as a warning to others involved in similar drug trafficking activities.”
Robert M. Duncan Jr., United States Attorney for the Eastern District of Kentucky; Daniel Dodds, Acting Special Agent in Charge, DEA Louisville and Lawrence Weathers, Chief of Police, Lexington Division of Police, jointly announced the indictment. Assistant United States Attorney Todd Bradbury prosecuted the case on behalf of the United States.
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Frankfort Man Pleads Guilty to Trafficking FentanylRead the Press Release
LEXINGTON, Ky. – Leonard Glover, 32, of Frankfort, pleaded guilty in federal court Thursday, before U.S. District Judge Gregory Van Tatenhove, to distribution of more than 10 grams of acetylfentanyl, a fentanyl analogue.
As part of his guilty plea, Glover admitted that, on June 11, he sold 13 grams of acetylfentanyl to a confidential informant for $900. He was indicted in May 2019.
Robert M. Duncan, Jr., United States Attorney for the Eastern District of Kentucky; D. Dan Dodds, Special Agent in Charge of the DEA; and Charles Adams, Chief of the Frankfort Police Department, jointly announced the guilty plea.
The investigation was conducted by the U.S. Drug Enforcement Administration and the Frankfort Police Department. The United States was represented by Assistant U.S. Attorney David Kiebler.
Glover is scheduled to be sentenced on Jan. 23, 2020 in Frankfort, Kentucky. He faces up to 40 years in prison and a maximum fine of $5 million. However, any sentence will be imposed by the Court, after its consideration of the U.S. Sentencing Guidelines and the federal sentencing statutes.
This case was prosecuted as part of the Organized Crime and Drug Enforcement Task Force’s (OCDETF) Operation Synthetic Opioid Surge (SOS), a Department of Justice initiative designed to target trafficking of dangerous synthetic opioids.
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Detroit Man Sentenced to 27 months for Trafficking FentanylRead the Press Release
LEXINGTON, Ky. – Anthony McIntosh, 28, of Detroit, was sentenced Friday to 27 months in federal prison, by United States District Judge Danny C. Reeves, for possession with intent to distribute fentanyl.
In June 2018, Lexington Police officers apprehended McIntosh and located 21 grams of fentanyl in his vehicle. In his plea agreement, McIntosh admitted that he intended to sell the fentanyl to others.
Under federal law, McIntosh must serve 85 percent of his prison sentence. After his sentence, he will be under the supervision of the U.S. Probation Office for three years following his release and will have to pay a $3,600 fine.
Robert M. Duncan, Jr., United States Attorney for the Eastern District of Kentucky; D. Dan Dodds, Special Agent in Charge of the DEA; and Lawrence Weathers, Chief of the Lexington Police Department, jointly announced the sentence.
The investigation was conducted by the U.S. Drug Enforcement Administration and the Lexington Police Department. The United States was represented by Assistant U.S. Attorney David Kiebler.
This case was prosecuted as part of the Organized Crime and Drug Enforcement Task Force’s (OCDETF) Operation Synthetic Opioid Surge (SOS), a Department of Justice initiative designed to target trafficking of dangerous synthetic opioids.
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Mexican National Pleads Guilty to Drug Trafficking Cocaine in LexingtonRead the Press Release
LEXINGTON, Ky.— Roberto Bernal Salas, 32, pleaded guilty Thursday to possessing and intending to distribute three kilograms of cocaine and 122 gram of crack cocaine.
In his guilty plea, Salas admitted that he possessed and intended to sell over three kilograms of cocaine and over 122 grams of crack cocaine found by law enforcement in Salas’s home in Lexington. Salas also admitted that the amount of $33,000 seized from his home represented proceeds from the sale of a kilogram of cocaine. Salas was indicted by a grand jury in July 2019.
Robert M. Duncan Jr., United States Attorney for the Eastern District of Kentucky, James Robert Brown Jr., Special Agent in Charge FBI Louisville Field Division; and Chief Lawrence Weathers, Lexington Police Department, jointly made the announcement today after Salas entered his guilty plea.
The investigation was conducted by FBI and Lexington Police Department. The United States was represented in the case by Assistant United States Attorney Roger W. West.
Salas is currently scheduled to appear for sentencing before United States District Court Judge Karen K. Caldwell in Lexington on Jan. 9, 2020, at 10:30 a.m.
Salas faces a maximum prison sentence of not less than 5 years but not more than 40 years. However, any sentence following conviction would be imposed by the court after consideration of the United States Sentencing Guidelines and the federal sentencing statutes.
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Lexington Man Sentenced to 60 months for Trafficking FentanylRead the Press Release
LEXINGTON, Ky. – Chris D. Lewis, 49, of Lexington, was sentenced Thursday to 60 months in federal prison, by United States District Judge Karen K. Caldwell, for possession with intent to distribute 40 grams or more of fentanyl.
According to his plea agreement, in December 2018, Lexington Police officers apprehended Lewis and located 58 grams of fentanyl and 13 grams of methamphetamine in his coat pocket. Lewis further admitted that he intended to distribute the fentanyl to other persons.
Under federal law, Lewis must serve 85 percent of his prison sentence and will be under the supervision of the U.S. Probation Office for four years following his release.
Robert M. Duncan, Jr., United States Attorney for the Eastern District of Kentucky; D. Dan Dodds, Special Agent in Charge of the DEA; and Lawrence Weathers, Chief of the Lexington Police Department, jointly announced the sentence.
The investigation was conducted by the U.S. Drug Enforcement Administration and the Lexington Police Department. The United States was represented by Assistant U.S. Attorney David Kiebler.
This case was prosecuted as part of the Organized Crime and Drug Enforcement Task Force’s (OCDETF) Operation Synthetic Opioid Surge (SOS), a Department of Justice initiative designed to target trafficking of dangerous synthetic opioids.
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Winchester Man Sentenced to 300 Months for Drug Trafficking and Being a Convicted Felon in Possession of 19 Stolen FirearmsRead the Press Release
LEXINGTON, Ky. – Jeffery L. Barnett, 49, of Winchester was sentenced to 300 months in federal prison by United States District Judge Danny C. Reeves, for the possession with the intent to distribute more than 100 grams of heroin and possession of a firearm by a convicted felon.
According to the plea agreement, a federal search warrant was executed at Barnett’s residence in Winchester, on March 11, 2019. ATF agents and KSP detectives located over 100 grams of a heroin/fentanyl mix that was meant for sale and seized over $2,000 in drug proceeds. A subsequent search was executed at a nearby storage unit leased by Barnett, and 19 stolen firearms were discovered. Barnett has five prior felony drug trafficking convictions and qualified as a “Career Offender” under federal law.
“The defendant’s criminal history, the type and quantity of drug he intended to distribute, and the numerous firearms he illegally possessed, directly led to his lengthy sentence,” said United States Attorney Robert M. Duncan, Jr. “I commend the cooperation and dedicated work of ATF and KSP in building the investigation that led to this prosecution and conviction.”
Barnett previously pleaded guilty on June 10.
“Repeat violent offenders are a threat to the safety and security of our communities,” stated ATF Acting Special Agent in Charge Tommy Estevan of the Louisville Field Division. “All too often, drug dealers use guns to further their violent criminal activities. Today’s sentence reflects ATF’s ongoing commitment to working with our law enforcement partners to reduce violent crime and make our communities safer for everyone.”
Robert M. Duncan, Jr., United States Attorney for the Eastern District of Kentucky; Tommy Estevan, Acting Special Agent in Charge for ATF; and Richard W. Sanders, Commissioner of the Kentucky State Police, jointly made the announcement.
The investigation was conducted by the ATF and the Kentucky State Police. The United States was represented by Assistant U.S. Attorney Roger W. West.
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Man Caught with Two Kilograms of Methamphetamine and a Loaded Gun in Bell County Pleads Guilty to Federal ChargesRead the Press Release
LAUREL, Ky. - Dylan Brewer, 23, of Harlan County, pleaded guilty Monday to possession with the intent to distribute over 500 grams of methamphetamine and possession of a firearm in furtherance of drug trafficking crime, before U.S. Magistrate Judge Edward B. Atkins.
According to the plea agreement, law enforcement stopped Brewer’s vehicle in Bell County, Kentucky, on July 13, and found two kilograms of methamphetamine and a loaded firearm hidden in a speaker box in the back seat. During the investigation, law enforcement learned that Brewer had been obtaining methamphetamine in Georgia and traveling to Harlan County to distribute it.
“Reducing the availability of dangerous drugs and protecting the public are two of our most important priorities,” said Robert M. Duncan, Jr., United States Attorney for the Eastern District of Kentucky. “Prosecuting armed methamphetamine traffickers, like the defendant, satisfies both. This prosecution, and others like it, reinforce a simple message: dealing meth with a gun will likely result in a long stay in a federal prison.”
U.S. Attorney Duncan; Dan Dodds, Acting Special Agent in Charge of the DEA Louisville Field Division; Richard Sanders, Commissioner of Kentucky State Police; Kyle Dunn, Pineville Police Chief; Mitch Williams, Bell County Sheriff; and Mike Smith, Knox County Sheriff, jointly announced the guilty plea. The United States was represented by Assistant U.S. Attorney Andrew H. Trimble.
Brewer’s sentencing hearing has not yet been set. He faces a minimum of 15 years in prison, with a maximum of life, and a maximum fine of $20 million. However, any sentence will be imposed by the Court after its consideration of the U.S. Sentencing Guidelines and the federal sentencing statutes.
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Lexington Woman Sentenced to 6 Months for Communicating False Information about Explosives to University of KentuckyRead the Press Release
LEXINGTON, KY- A Lexington, Kentucky, woman, who previously admitted to sending false information concerning explosives threatening the University of Kentucky campus was sentenced Tuesday to 6 months in prison.
U.S. District Court Judge Danny Reeves sentenced 20-year-old, Haily Loriane Duvall for communicating false threats regarding explosives.
Duvall previously admitted of using Snapchat to communicate threats to the University of Kentucky community on November 7 and 8 of 2018. According to the plea agreement, Duvall created a second account and used it to further disseminate the created threats. Duvall also informed other University of Kentucky students about the Snapchat communications, contacted the University of Kentucky Police Department and reported the threats, and also made contact with a local news reporter to attempt to publicize the alleged threat. After being confronted by law enforcement, Duvall admitted to being responsible for the threats and that the threats would be seen as a serious expression of intent to commit harm to University of Kentucky students and faculty.
Duvall pleaded guilty on June 24. Under federal law, Duvall must serve 85 percent of her prison sentence and will be under the supervision of the U.S. Probation Office for 3 years, which includes 6 months at home incarceration. Duvall must also pay a $1,800 fine.
“Using the internet to make threatening communications, even if those threats are a hoax, is a serious criminal offense. The defendant’s actions were not harmless. She caused law enforcement to needlessly respond to her hoax, potentially taking them away from real emergencies, and substantially disrupted activities at the University of Kentucky and the campus area,” said United States Attorney Robert M. Duncan, Jr. “Prosecution of these hoax cases should serve notice that this conduct is unacceptable, and hopefully, it will deter others from engaging in similar behavior.”
Robert M. Duncan, Jr., United States Attorney for the Eastern District of Kentucky, Special Agent in Charge James Robert Brown, Jr. of the FBI’s Louisville, Kentucky Field Division, and Joe Monroe, Chief of the University of Kentucky Police Department, jointly announced the sentence.
The investigation was conducted by the University of Kentucky Police Department and the FBI. The United States was represented by Assistant U.S. Attorney Andrew T. Boone.
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Knox County Man Pleads Guilty to Being a Felon in Possession of a FirearmRead the Press Release
LONDON, Ky. – Jason William Graves, 40, of Gray, Ky., pleaded guilty to being a felon in possession of a firearm on Tuesday.
Graves, who was previously convicted of being a felon in possession of a firearm in 2013, acknowledged that he illegally possessed two firearms on June 23, 2019. Graves faces up to 10 years in federal prison, followed by three years of federal supervised release, and a fine of not more than $250,000.
Robert M. Duncan, Jr., United States Attorney for the Eastern District of Kentucky, made the announcement today.
Assistant United States Attorney R. Nicholas Rabold is prosecuting the case on behalf of the United States. The investigation preceding the indictment was conducted by the Bureau of Alcohol, Tobacco, Firearms and Explosives.
Graves' sentencing is scheduled for Tuesday, January 14, 2020, at 10:00 a.m., at the United States District Court in London.
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U.S. Attorney Robert Duncan Jr. Announces Progress in Making our Communities Safer through Project Safe NeighborhoodsRead the Press Release
LEXINGTON, Ky.—Two years ago, the Department of Justice announced the revitalization and enhancement of Project Safe Neighborhoods (PSN), the centerpiece of the department’s violent crime reduction strategy. PSN is an evidence-based program proven to be effective at reducing violent crime.
Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
Throughout the past two years, we have partnered with all levels of law enforcement, local organizations, and members of the community to reduce violent crime and make our neighborhoods safer for everyone. According to FBI’s Uniform Crime Report released this week, the violent crime rate decreased for the second consecutive year, down 3.9 percent from the 2017 numbers.
“The revitalized Project Safe Neighborhoods program is a major success,” said Attorney General William P. Barr. “It packs a powerful punch by combining advanced data with local leadership, further reducing violence in communities across the country and improving overall public safety. U.S. Attorneys continue to focus their enforcement efforts against the most violent criminals and work in partnership with federal, state, local, and tribal police. The Justice Department’s relationships across the board have never been stronger.”
“The Project Safe Neighborhoods program is a cornerstone of our violent crime reduction efforts. Drawing on the strong partnerships among our federal, state, and local law enforcement, we are protecting the public and holding the most violent offenders accountable for their criminal actions,” said United States Attorney Robert M. Duncan, Jr. “We recognize there is still work to be done, and we remain committed to this important public safety initiative.”
As we celebrate the two-year anniversary of the revitalized PSN program, here are some of the highlights of our PSN actions across the Eastern District of Kentucky over the past year:
Enforcement Actions
In January 2018, federal, state, and local law enforcement agencies created the Fayette County Violent Crime Task Force. The Task Force focuses investigative and prosecutorial resources on those individuals responsible for violent crime and significant drug trafficking in this area, particularly those who commit acts of violence while armed with a firearm and those who commit armed drug trafficking.
“Working in a collaborative way with stakeholders across our community as part of the Project Safe Neighborhoods program is producing positive results in Lexington,” Chief Lawrence Weathers said. “Patrol officers are building relationships with residents, detectives are coordinating investigations with other law enforcement agencies, and we are developing solid cases with prosecutors. The effectiveness of the Project Safe Neighborhoods model cannot be overstated.”
The Agencies participating in this effort include the ATF, DEA, FBI, Lexington Police Department, the Fayette County Sheriff’s Office, Lexington Community Corrections, the Fayette County Public Schools Law Enforcement Division, the Fayette County Attorney’s Office, the Fayette Commonwealth’s Attorney’s Office, and the United States Attorney’s Office.
“ATF strives to be ‘no better partner’ to other law enforcement agencies,” stated ATF Acting Special Agent in Charge Tommy Estevan of the Louisville Field Division. “During the past year, ATF and these agencies investigated illegal sources of crime guns and persons who illegally possessed or used guns to commit violent crimes in the Lexington area. Together, we pursued ‘traffickers and trigger pullers’ with every resource, including new ballistic technology and other crime gun intelligence to disrupt the shooting cycle. ATF remains committed to the continued success of Project Safe Neighborhoods and this comprehensive approach to public safety.”
In response to recent shootings and related criminal activity, law enforcement in Fayette County have worked proactively to identify and apprehend those responsible. Illegally possessing or using a firearm in criminal activity will likely result in a lengthy sentence of imprisonment.
In the past year, our established partnerships have been an integral factor in our PSN prosecutions. Some examples of these prosecutions include:
- Keith A. Jefferson, 26, of Lexington, who was sentenced to 100 months in federal prison for possession of a firearm by a convicted felon. Read more.
- Gregory Thomopolous, 39, of Lexington, who was an Armed Career Criminal and sentenced to 262 months in federal prison for armed drug trafficking. Read more.
- D’Vonta Middlebrooks, 24, of Lexington, who was sentenced to 115 months in federal prison for possession of a firearm by a convicted felon. Read more.
Community Partnerships
In addition to enforcement efforts aimed at removing the most violent offenders from our streets, law enforcement personnel have engaged in community outreach and education. Working with the City of Lexington’s ONE LEX initiative, PSN participants have attended community safety days, provided information about community resources available, and served as mentors to school children in Fayette County. Read more about the coordinated efforts to reduce violent crime in Lexington.
“PSN is not only about vigorous prosecution of violent crime, it also about a commitment to crime prevention, problem solving and community partnerships. We recognize the need for more complex solutions that not only seek positive outcomes for victims, but also strive for long-term solutions for defendants, potential defendants, and the community at large,” said Fayette Commonwealth’s Attorney Lou Anna Red Corn. “It is my hope, that as our community partnerships grow, we will earn and keep the trust of the communities where crime has the greatest impact.”
Improvements to Community Safety
- For the second consecutive year, the estimated number of national violent crimes decreased when compared with the previous year’s statistics, according to FBI figures released today. In 2018, the number of violent crimes was down 3.3 percent from the 2017 number.
- The 2018 statistics also show the estimated rate of violent crime was 368.9 offenses per 100,000 inhabitants. The violent crime rate fell 3.9 percent when compared with the 2017 rate.
- According to statistics released earlier this year by the Lexington Police Department, violent crime in Lexington decreased by 13 percent in 2018, compared to 2017. This decrease included declines in homicides (down 21 percent), robberies (down 21 percent), aggravated assaults (down 11 percent), and shootings (down 23 percent). Additionally, shots fired calls decreased by 9 percent. Preliminary data through July 2019 shows a 9.1 percent decrease in Part I crime as compared to year to date in 2018.
These enforcement actions and partnerships are part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. The Department of Justice reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally based strategies to reduce violent crime. To learn more about Project Safe Neighborhoods, go to www.justice.gov/psn.
Millstone Man Sentenced to 140 Months for Distribution of Cocaine and Possession of a FirearmRead the Press Release
PIKEVILLE, Ky.- A Millstone, Kentucky, man, who previously admitted to distributing cocaine and being a convicted felon in possession of a firearm, was sentenced Friday to 140 months in federal prison.
U.S. District Judge Robert E. Wier sentenced Charles Perry Jr, 56, for distributing cocaine and illegal possession of a firearm. Perry pleaded guilty June 7, 2019.
Under federal law, Perry must serve 85 percent of his prison sentence and will be under the supervision of the U.S. Probation Office for six years.
Robert M. Duncan, Jr., United States Attorney for the Eastern District of Kentucky; Tommy Estevan, Acting Special Agent in Charge, ATF Louisville Field Division; and Commissioner Richard Saunders, Kentucky State Police, jointly announced the sentence.
The investigation was conducted by ATF and KSP. The United States was represented by Assistant U.S. Attorney Jenna Reed.
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Lexington Man Sentenced to 82 Months for Trafficking Dangerous Fentanyl AnalogueRead the Press Release
LEXINGTON, Ky. – Lavonte Harmon, 33, of Lexington, was sentenced Thursday to 80 months in federal prison, by United States District Judge Danny C. Reeves, for possession with intent to distribute acetylfentanyl, a fentanyl analogue.
In December 2018, Lexington Police officer executed a search warrant on Harmon’s vehicle and residence, seizing 13 grams of acetylfentanyl, 17 grams of cocaine, $4,474 cash, and drug trafficking paraphernalia. In his plea agreement, Harmon admitted that he intended to distribute the drugs and agreed to forfeit the $4,474.
Under federal law, Harmon must serve 85 percent of his prison sentence and will be under the supervision of the U.S. Probation Office for five years following his release. Harmon will also have to pay a $1,500 fine, imposed by the court.
Robert M. Duncan, Jr., United States Attorney for the Eastern District of Kentucky; Daniel D. Dodds, Acting Special Agent in Charge of the DEA; and Lawrence Weathers, Chief of the Lexington Police Department, jointly announced the sentence.
The investigation was conducted by the U.S. Drug Enforcement Administration and the Lexington Police Department. The United States was represented by Assistant U.S. Attorney David Kiebler.
This case was prosecuted as part of the Organized Crime and Drug Enforcement Task Force’s (OCDETF) Operation Synthetic Opioid Surge (SOS), a Department of Justice initiative designed to target trafficking of dangerous synthetic opioids.
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Lexington Man Indicted for Committing Series of Business RobberiesRead the Press Release
LEXINGTON, Ky.— A Lexington man was indicted Thursday for robbing several Lexington businesses.
A federal grand jury in Lexington returned an indictment charging 54-year-old Jackie B. Love with five counts of robbery.
The indictment alleges that Love robbed five different business around Fayette County on different occasions, from April 19-25, 2019. During these robberies, the indictment alleges Love unlawfully took, or attempted to take, personal property from the store clerk(s) against their will by means of actual and threatened force, violence, and fear of injury, by taking United States currency from the store when he threatened them with a firearm. Court documents allege that Love was able to take $1,255 collectively. The Lexington Police arrested Love on April 26, 2019.
Robert M. Duncan, Jr., United States Attorney for the Eastern District of Kentucky; Tommy Estevan, Acting Special Agent in Charge for ATF Louisville Field Division; and Chief Lawrence Weathers, Lexington Police Department, jointly announced the indictment.
The investigation preceding the indictment was conducted by ATF and Lexington Police Department. The indictment was presented to the grand jury by Assistant U.S. Attorney Cynthia Rieker.
A date for Love to appear in court has not yet been scheduled. He faces up to 20 years in prison, a maximum fine of $250,000, and three years of supervised release. However, any sentence following a conviction would be imposed by the Court after consideration of the U.S. Sentencing Guidelines and the federal sentencing statutes.
Any indictment is an accusation only. A defendant is presumed innocent and is entitled to a fair trial at which government must prove guilt beyond a reasonable doubt.
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Five Defendants Sentenced for Trafficking Large Quantities of Oxycodone throughout KentuckyRead the Press Release
Lexington, Ky- Five defendants, who previously admitted to conspiring to distribute thousands of oxycodone pills throughout Richmond, Kentucky and surrounding areas, were sentenced this week.
U.S. District Court Judge Karen Caldwell sentenced, Malik Chapman, Douglas Mayfield, Ryan Jones, Victoria Grimes, and Alyssa Parrish to 84 months, 40 months, 40 months, 18 months, and 18 months respectively. Four other defendants involved in the case, Patsy Wardle, Shannon Allen, Bianca Pennington, and Robert May, were previously sentenced in August to 148 months, 72 months, 41 months, and 40 months, respectively.
According to plea agreements and trial evidence, Malik Chapman, Shannon Allen, Bianca Pennington, Patsy Wardle, and others, worked together to distribute oxycodone throughout Richmond, Kentucky and surrounding areas. Chapman, assisted by Grimes and Parrish, was responsible for transporting oxycodone pills from Detroit, Michigan to Richmond, Kentucky, where Allen and Pennington would further distribute the pills to local drug dealers, like Wardle, May, Mayfield, and Jones. Wardle also acted a source of supply for Allen at times.
Under federal law, the defendants must serve 85 percent of their prison sentence and will be under the supervision of the U.S. Probation Office for 3 years.
“The distribution of opioids, such as oxycodone pills, remains a significant issue in central Kentucky, particularly in Madison County,” said Robert M. Duncan, Jr., United States Attorney for the Eastern District of Kentucky. “Our Office is committed to working with our law enforcement partners to hold opioid traffickers, like these defendants, accountable for their criminal conduct. I commend the hard work and cooperation of federal, state, and local law enforcement in dismantling a significant, multi-state drug trafficking operation that was responsible for the distribution of thousands of oxycodone pills in Madison County and elsewhere in our region.”
Robert M. Duncan, Jr., United States Attorney for the Eastern District of Kentucky, Daniel D. Dodds, Acting Special Agent in Charge, DEA, Louisville Field Division; Commissioner Richard Sanders, Kentucky State Police; Chief James Ebert, Richmond Police Department; Sheriff Mike Coyle, Madison County Sheriff’s Department; and Chief David Gregory, Berea Police Department jointly announced the sentences.
The investigation was conducted by DEA, Richmond Police Department, and Appalachian HIDTA Madison County Drug task Force. The United States was represented by Assistant U.S. Attorneys Lauren Tanner Bradley and Paco Villalobos.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. The PSN program was reinvigorated as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.
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Alabama Man Sentenced to 109 months for Receiving Child PornographyRead the Press Release
LONDON, Ky- Michael Virgil Woodham, 45, of Bessemer, Alabama was sentenced to 109 months in prison by U.S. District Court Judge Robert E. Wier for receiving child pornography.
According to Woodham’s plea agreement, he knowingly received a visual depiction from a Pulaski County resident, and the visual was of a minor engaging in sexually explicit conduct. The defendant admitted that he knew that the visual depiction was of a minor.
Michael Virgil Woodham pleaded guilty March 8.
Under federal law, Woodham must serve 85 percent of his prison sentence. Upon release, he will be under the supervision of the U.S. Probation Office for 15 years.
Robert M. Duncan, Jr., United States Attorney for the Eastern District of Kentucky, James Robert Brown, Special Agent in Charge, FBI Louisville Field Division, and Johnnie Sharp, Jr., Special Agent in Charge, FBI Birmingham, Alabama Division, jointly announced the sentence.
The investigation was conducted by FBI. The United States was represented by Assistant U.S. Attorney Jenna Reed.
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