Western District of Kentucky
Press releases recorded for this federal judicial district.
Project Guardian: 118 Defendants Charged Federally in 2019 to Reduce Violence in LouisvilleRead the Press Release
LOUISVILLE, Ky. – United States Attorney Russell Coleman, surrounded by federal and local law enforcement partners, announced more than 100 felony offenders possessing firearms have been charged so-far in 2019 as part of the ongoing Project Guardian effort to fight back against the violent crime plaguing Metro Louisville.
This round of indictments brings the total number of defendants charged under the initiative to 223. During calendar year 2019 there have been 118 defendants charged, in calendar year 2018 there were 105 defendants charged in Louisville as part of the Project Guardian program. We have increased gun prosecutions 67 percent across the western district of Kentucky from fiscal year 2017 to fiscal year 2019.
The defendants charged this year are a result of the ongoing partnership between federal prosecutors and their counterparts from Jefferson County Commonwealth’s Attorney Tom Wine’s Office who work hand-in-hand with the Louisville Metro Police Department, the Bureau of Alcohol, Tobacco, & Firearms (ATF), the Federal Bureau of Investigation (FBI) and the Drug Enforcement Agency (DEA). The combined effort is a key component of the Department of Justice’s Project Guardian initiative - which targets the area’s most violent offenders.
“The violent crime our city has suffered over the last few years cannot stand. But for too long in law enforcement, we’ve allowed our greatest limiting factor to be what it says on our badge,” said U.S. Attorney Russell Coleman. “Through Project Guardian and under the leadership of our federal, state, and local partners here in Louisville, we are true partners in tackling this threat to our families and our kids.”
“ATF’s core mission to reduce violent crime and enforce federal firearms laws is achieved each day through the strength of our partnerships with local and state law enforcement,” stated Acting Special Agent in Charge Tommy Estevan of ATF’s Louisville Division. “Already, Project Guardian is building on these relationships and ATF’s gun crime gun intelligence to effectively disrupt the shooting cycles and arrest those who ‘lie and buy’ firearms. These strategies are reducing the access of illegally obtained firearms and helping to make our communities safer for everyone.”
Defendants charged this year have previously been found guilty of numerous crimes including: burglary, kidnapping, narcotics trafficking, manufacturing methamphetamine, theft of identity without consent, assault 4th degree domestic violence, robbery, escape, fleeing/evading police, wanton endangerment, among other charges.
Successful prosecutions this year included, Marcus Bishop Jr., 22, of Louisville was sentenced to 15-years in federal prison, where there is no parole. Bishop was federally convicted of use of a firearm in furtherance of a drug trafficking crime and three counts of possession with intent to distribute heroin.
Jamar Garrison, 33, of Louisville, Kentucky, was sentenced this year to 20 years of federal imprisonment followed by 6 years of supervised release for possession of heroin with the intent to distribute, and possession of a handgun by a convicted felon. Garrison is a 27 time convicted felon with prior convictions for drug trafficking, robbery, felony assault, identity theft, wanton endangerment, wanton endangerment of a police officer, felony fleeing and evading, and assorted other felony and misdemeanor crimes.
As gang-related violence escalated in the summer months federal law enforcement ushered in a new level of collaboration as the United States Marshals Service (USMS), Louisville Metro Police Department (LMPD), Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), Drug Enforcement Administration (DEA), and the Federal Bureau of Investigation (FBI) conducted Operation Iron Grip – a two week series of raids from July 22 to August 2, in an effort to reduce violent crime in Louisville. The raids led to more than 50 arrests and 13 firearms seized.
Following the raids the United States Attorney’s Office working with expertise from former LMPD Maj. Billy Hibbs and real-time crime data, erected eight billboards and five bus shelters with a strong message calling for residents to report felons with firearms in an effort to “stop gun violence.” In an addition to a plea, the billboards offered hope to residents and a phone number tip line.
If convicted at trial, the maximum sentence for unlawfully possessing a firearm is no more than ten years in prison, a $250,000 fine, and three years of supervised release. If that firearm is possessed or used in furtherance of a drug trafficking crime, a defendant faces a mandatory minimum five years in prison in addition to the sentence received for the underlying charges, and could receive up to life in prison. Some of the 118 defendants qualify as Armed Career Criminals, facing a mandatory 15 year sentence, or repeat drug traffickers, facing a mandatory 15 years sentence and, in some cases, a mandatory 25 year sentence.
These cases are being prosecuted by Assistant United States Attorneys Joe Ansari, Ann Marie Blaylock, Robert Bonar, Nute Bonner, Bryan Calhoun, Tom Dyke, Larry Fentress, Marisa Ford, Alicia Gomez, Amanda Gregory, Lettricea Jefferson-Webb, Joshua Judd, Corrine Keel, Jo Lawless, Erin McKenzie, Spencer McKiness, Randy Ream, Mac Shannon, Amy Sullivan, Christopher Tieke, David Weiser, Stephanie Zimdahl and Special Assistant United States Attorneys Ebert Haegele and Elizabeth Jones Brown with assistance from Laura Stinson, Western District of Kentucky Grand Jury Coordinator. The cases are being investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), Louisville Metro Police Department, the Federal Bureau of Investigation (FBI) and the United States Drug Enforcement Administration (DEA) and with significant collaboration with Tom Wine and the Jefferson County Commonwealth’s Attorney’s Office.
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Project Guardian is a nationwide program launched in November 2019 by Attorney General William Barr as a complementary effort to the Project Safe Neighborhoods Program (PSN). Project Guardian uses existing gun laws to comprehensively attack gun violence through the aggressive enforcement of existing laws in an effort to incapacitate the most dangerous and violent offenders.
Project Guardian’s implementation is based on five principles:
- 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.
- 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.
- 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.
- 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.
- 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.
For more information on Project Guardian, see the Attorney General’s memorandum at: https://www.justice.gov/ag/project-guardian-memo-2019/download.
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The indictment of a person by a Grand Jury is an accusation only and that person is presumed innocent until and unless proven guilty.
Kentucky Woman Sentenced to 180 Months in Prison for Sex Trafficking Two VictimsRead the Press Release
U.S. District Court Judge Rebecca Grady Jennings of the Western District of Kentucky sentenced Cleoretta Allen, 41, of Louisville, Kentucky, yesterday to serve 180 months in prison and 20 years of supervised release.
According to court filings, Allen operated the “Playhouse of Domination” – a BDSM (bondage, discipline, sadism-submission, masochism) business from an apartment she rented in Louisville. The business provided non-sexual BDSM services to adult clients. When two of Allen’s top employees quit in 2017, her business revenues suffered, and so Allen expanded her business to involve illegal prostitution services. Over the next several months, Allen used violence, threats, and intimidation to coerce two young women to provide commercial sex acts for Allen’s clients in the Louisville area. Some of Allen’s violent conduct against one of the victims was so severe as to require medical treatment at a hospital. Allen posted commercial sex advertisements for the victims on the internet, and on one occasion transported the two women from Kentucky to Georgia to engage in prostitution.
“The Department of Justice is committed to holding sex traffickers responsible for their horrendous and immoral crimes as demonstrated by yesterday’s sentence,” said Assistant Attorney General Eric Dreiband of the Civil Rights Division. “The Civil Rights Division will continue to prosecute human trafficking in all its forms and seek justice on behalf of victims and survivors.”
“Those who commit crimes of this nature lose sight of the humanity of their victims; that they are someone’s daughter, a person with dignity and value, someone’s little girl,” said U.S. Attorney Russell Coleman for the Western District of Kentucky. “As evidenced by a sentence of a decade and a half in federal prison with no parole, this foul conduct will not be tolerated in the Western District of Kentucky.”
"As evidenced by yesterday’s sentencing, the FBI, along with our state and local partners, is committed to bringing to justice those that exploit our most vulnerable citizens. Investigating all forms of human trafficking is a priority of the FBI and we will continue to vehemently pursue investigations into sex trafficking on behalf of victims and survivors alike," said Special Agent in Charge Robert Brown of the FBI’s Louisville Field Office.
Restitution to human trafficking victims is mandatory under applicable federal law, and the district court will determine appropriate restitution at a future date.
The FBI in Louisville, Kentucky, the Louisville Metro Police Department, and the Jefferson County Sheriff’s Office investigated this case. It was prosecuted by Assistant U.S. Attorney Amanda E. Gregory of the Western District of Kentucky, and Special Litigation Counsel William E. Nolan and Trial Attorney Kate Alexander of the Civil Rights Division’s Human Trafficking Prosecution Unit.
Former Louisville Armored Truck Driver SentencedRead the Press Release
LOUISVILLE, Ky. – Former GardaWorld armored truck driver Mark Nicholas Espinosa has been sentenced to 37 months imprisonment and ordered to pay $932,285.22 in restitution, for five charges related to the theft of more than $900,000 from the vehicle, announced United States Attorney Russell Coleman.
“When the FBI, LMPD, and U.S. Attorney’s Office collaborate as partners, the people of Louisville are the beneficiaries and thieves such as Mr. Espinosa pay the price,” said U.S. Attorney Russell Coleman.
Espinosa was charged by a Louisville Grand Jury in February with theft from a common carrier, bank robbery, interstate transportation of stolen money, monetary transactions involving stolen money, and money laundering.
According to a plea agreement, in late 2018 Espinosa began creating identification documents for "Sam Smith" on his computer. On December 5, 2018, Espinosa was working with a partner in a bullet-proof armored truck, collecting money from various Louisville businesses. The duo arrived at the Jefferson Mall in Louisville, and Espinosa's partner told Espinosa that he would pick up cash from customers inside the Mall, and that Espinosa should drive the truck and meet him at the exit on the other side of the Mall. When Espinosa's partner finished his pick-ups and exited the Mall, Espinosa was not there.
Shortly thereafter the Garda World truck was found abandoned in the Mall parking lot. Espinosa was missing, but his gun, backpack, and cell phone battery were located inside the truck. Also missing was $932,285.22 in cash from the back of the truck. Espinosa stole the money and fled Kentucky to Connecticut, driving through Ohio and Pennsylvania, in an attempt to evade law enforcement. Espinosa was ultimately arrested in Connecticut, living under the name Sam Smith, and $892,737.89 was found in Espinosa's Connecticut apartment.
The case was prosecuted by Assistant United States Attorneys David Weiser and Rob Bonar, and was investigated by the Louisville Metro Police Department Robbery Unit and the Federal Bureau of Investigation (FBI).
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United States Attorneys Announce $72.4 Million in Grants Received from the Department of JusticeRead the Press Release
LOUISVILLE, Ky. – To close the 2019 Fiscal Year, the United States Department of Justice awarded 51 grants, amounting to more than $72.4 million to support public safety and crime fighting initiatives throughout the Commonwealth of Kentucky, announced Western District United States Attorney Russell Coleman and Eastern District United States Attorney Robert M. Duncan Jr.
“These are significant federal resources coming to Kentucky for one purpose, to keep families safer in all 120 counties of our Commonwealth,” said U.S. Attorney for the Western District of Kentucky Russell Coleman.
“We appreciate the Department’s support in funding these important public safety and criminal justice initiatives,” said U.S. Attorney for the Eastern District of Kentucky Robert Duncan Jr. “These grants help make the entire Commonwealth a safer place.”
The 51 grants cover cities in both the Eastern and Western Districts of Kentucky, six cities (Bowling Green, Frankfort, Lexington, Louisville, Paducah, Radcliff) alongside five counties (Christian County, Daviess County, Madison County, Kenton County, Warren County) are receiving funding through the Office of Justice Programs’ Bureau of Justice Assistance (BJA) and the Edward Byrne Memorial Justice Assistance Grant (JAG) program. Under the JAG program, the cities will receive a total amount of $968,160 to support a broad range of activities to prevent and control crime based for their own state and local needs and conditions. The Kentucky Justice and Public Safety Cabinet also received $2.1 million in funding under the JAG program. JAG funds will be used to support all components of the criminal justice system, from multi-jurisdictional drug and gang task forces, to crime prevention and domestic violence programs, courts, corrections, treatment, justice information enforcement, and programs aimed at reducing crime and/or enhancing public/officer safety.
The Kentucky Justice and Public Safety Cabinet will also receive $30,568,043 from the Office for Victims of Crime VOCA (Victims of Crime Act Formula Program) Victim Assistance Formula. The Justice and Public Safety Cabinet was also awarded grants through the Office of Justice Programs’ Bureau of Justice Assistance (BJA) through the United States Attorney’s offices Project Safe Neighborhoods, the Residential Substance Abuse Treatment (RSAT) for state Prisoners Program, State Justice Statistics Program for Statistical Analysis Centers, and Paul Coverdell Forensic Science Improvement Grants Program Formula.
The Kentucky Department for Corrections (KYDOC) was awarded $923,138 through the Bureau of Justice Assistance Innovations in Supervision Initiative (ISI): Building Capacity to Create Safer Communities. ISI funds will be used to develop place-based supervision strategies to reduce distances between clients, supervision offices and treatment centers.
The Kentucky Cabinet for Health and Family Services will receive $990,249 through the Bureau of Justice Assistance Comprehensive Opioid Abuse Site Based Program: Harold Rogers Prescription Drug Monitoring Program (PDMP) aimed at enhancing KASPER. The Cabinet will use the grant funds to engage one full time grant law enforcement liaison, and one full time grant criminal epidemiologist who will support law enforcement requests for PDMP data and assistance. The grant liaison will work with five pharmacist consultants already employed by KASPER to provide knowledge of criminal investigations and prosecutions of offenders violating state and federal control substances laws.
The Catholic Charities of Louisville Inc. has been awarded $919,476 under the Sustaining Capacity to Provide Comprehensive Services through the Office of Victims of Crime. Catholic Charities will implement the Central Kentucky Comprehensive Services Project to sustain capacity to provide services to survivors of human trafficking through implementation of a comprehensive services model. The initiative will include in-house services, and collaborations with community partners for housing, mental health services, medical services, and education services.
A full list of OJP Award Data is available at this link: https://ojp.gov/funding/Explore/OJPAwardData.htm
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Two Charged with Murder of Federal WitnessRead the Press Release
LOUISVILLE, Ky. – Two people have been charged with the murder of a witness aiding a federal investigation, announced United States Attorney Russell Coleman.
Bobby Lee Smith, 46, of Louisville, Kentucky, and Cynthia Allen, 31, of Louisville, Kentucky, were both charged in a three count indictment by a federal Grand Jury sitting in Louisville on Wednesday, November 20, 2019.
“Our system only works when the public shares information with law enforcement,” said U.S. Attorney Russell Coleman “And the rule of law requires that United States protects witnesses to crimes.”
According to the indictment, on or about May 8, 2016, in Jefferson County, Kentucky, the defendants aided and abetted each other, and did kill A.P., with the intent to retaliate for the attendance and testimony given by A.P. to a Grand Jury proceeding on or about October 8, 2014 in the Western District of Kentucky.
The defendants are also charged with tampering with a witness by killing. Smith and Allen aided and abetted each other, killing A.P., with the intent to prevent the attendance and testimony of A.P. in an official proceeding, the trial of case number 3:15-CR-00058, scheduled for November 28, 2016 with the intent to prevent the communication by A.P. to a law enforcement officer or judge of the United States relating to the commission of a federal offense.
The Grand Jury also charged the defendants, with tampering with a witness by killing. On or about May 8, 2016, Smith and Allen aided and abetted each other, killing A.P., a person assisting a federal criminal investigation.
If convicted by a jury, the defendants face no less than life imprisonment or the death penalty.
The case is being prosecuted by Assistant United States Attorneys Lettricea Jefferson-Webb and Robert Bonar. The case is being investigated by the Federal Bureau of Investigation (FBI) and the Louisville Metro Police Department (LMPD).
The indictment of a person by a Grand Jury is an accusation
only and that person is presumed innocent until and unless
proven guilty.Louisville Metro Police Officer’s Credit Union Vice President Sentenced for FraudRead the Press Release
LOUISVILLE, Ky. – United States District Court Judge Joseph H. McKinley, Jr. has sentenced Josephine M. Crowe to 132 months’ imprisonment followed by 3 years supervised release. He also ordered restitution in the amount of $3,049,025 for fraud and aggravated identity theft, announced United States Attorney Russell Coleman.
“The outcome in this case was the result of some outstanding investigation by the FBI and one of our finest career federal prosecutors,” said U.S. Attorney Russell Coleman.
Crowe, 46, of Louisville, Kentucky, was charged in a criminal Information with one count of financial institution fraud and one count of aggravated identity theft as part of a scheme to defraud the Louisville Metro Police Officer’s Credit Union of over $3 million during a four year period.
According to a Sentencing Memo, beginning no later than January 2013, and continuing to on or about November 2017, Crowe, as the Vice President of the Metro Police Officer’s Credit Union stole over $3 million. She used access to the Credit Union’s funds and information granted to her by virtue of her position as Vice President to devise and execute a scheme to steal cash from the Credit Union’s vault and teller drawers, to transfer Credit Union funds into accounts belonging to herself and certain of her family members, and to make payments on certain unwitting Credit Union members’ loans with Credit Union funds that did not belong to the members for whose benefit they were credited. Crowe also created and recorded fictitious, unauthorized loans at the Credit Union and used the proceeds of these loans to issue an Official Check, which she then directed individuals to cash at local pawn shops or financial institutions. The defendant would then place these cash proceeds in the Credit Union’s vault and teller drawers to cover up the cash missing due to her previous thefts. In order to create and record these fictitious loans, the defendant knowingly misused the means of identification of many members of the Credit Union.
In order to compensate for the depletion of cash the defendant engaged in various methods to obtain cash for day-to-day operations including: instructing Credit Union employees, members, and others to withdraw cash from an ATM using either a debit card she provided or the individual’s personal debit card and return the cash to her for Credit Union operating needs; (b) obtaining credit card cash advances from members’ credit cards; (c) wire transferring funds to external accounts at various other financial institutions and then obtaining cash from the transfer; and (d) recording fictitious, unauthorized loans and using the proceeds of these loans to issue an Official Check, which she directed individuals to cash at local pawn shops or financial institutions and to return the cash proceeds to her so that she could then place it in the Credit Union’s vault and teller drawers.
Crowe took numerous steps to conceal her scheme to defraud from detection by the Credit Union and others, according to the Sentencing Memo. During the course of the scheme the defendant engaged in elaborate check kiting wherein she issued unauthorized Official Checks from certain members’ accounts at the Credit Union and deposited those Official Checks into other members’ accounts, all without the members’ knowledge, and continued issuing new checks to cover insufficient funds notices on the original checks when she overdrew the members’ accounts. As the funds that were purportedly on deposit for these Official Checks were largely non-existent, over $675,000 of checks were returned for insufficient funds when the defendant’s scheme was uncovered and her kiting of checks brought to a halt. The defendant also manipulated the books and records of the Credit Union to conceal her thefts from the Credit Union and make it appear that the fraudulent loan agreements, related documents, and subsequently generated loans were legitimate contracts and loans. Among other things, the defendant deleted information from and added false information to files, manipulated the Credit Union’s general ledger in various ways, and manipulated members’ accounts and account statements to conceal unauthorized changes she had made to the accounts. When the defendant’s scheme was discovered by the Credit Union and brought to an end in November 2017, the defendant took further steps to attempt to conceal her fraudulent activity even after she had been suspended and removed from her position, including remotely accessing the Credit Union’s data processing system, making changes to the general ledger, and deleting significant files and information from her computer at the Credit Union.
Crowe’s scheme to defraud had dramatic consequences. In December 2017, the Credit Union was placed into conservatorship by the National Credit Union Association (“NCUA”) and considerable efforts were undertaken to untangle the defendant’s scheme, address the harms it caused, and correct the operational weaknesses the defendant had created at the Credit Union. Ultimately, as a result of the scheme, the Credit Union suffered catastrophic losses, was rendered insolvent with no prospect for restoring viable operations, and had to be liquidated by the NCUA. Due to fraudulent activity within their accounts as a result of defendant Crowe’s criminal conduct and other record keeping errors, 247 member accounts had to be written off by the NCUA for a loss of almost $3.9 million.
The case was prosecuted by Assistant United States Attorney Stephanie Zimdahl and was investigated by the Federal Bureau of Investigation (FBI).
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Louisville Man Who Shot at LMPD Officer Sentenced to Nearly 10 Years in PrisonRead the Press Release
LOUISVILLE, Ky. – United States District Judge David J. Hale has sentenced Elijah Eubanks to 119 months in federal prison to run concurrent with Jefferson County Circuit Court Case No 18-CR-1201, and three years of supervised release for being a felon in possession of a firearm, announced United States Attorney Russell Coleman.
“The United States Attorney’s Office stands with our partners in the Jefferson County Commonwealth’s Attorney’s Office in protecting law enforcement in this city,” said U.S. Attorney Russell Coleman. “Shoot a peace officer, shoot at a peace officer, and we will seek to send you to prison for as long as the law allows.”
Eubanks, age 21, was charged by a Louisville federal Grand Jury on July 24, 2018, in a single count Indictment of being a felon in possession of a Ruger .357 caliber revolver. Eubanks pleaded guilty to the Indictment on September 16, 2019, in U.S. District Court.
The federal charge stemmed from a shooting involving a Louisville Metropolitan Police Officer on March 31, 2018. Eubanks fired at an officer who attempted to question him while he was in a vehicle with another person. Jefferson County Commonwealth’s Attorney Tom Wine’s Office previously convicted Eubanks of attempted murder for this incident.
At the time of the March 31st shooting, Eubanks had previously pleaded guilty to one count of Wanton Endangerment I and one count of Criminal Mischief I in Jefferson Circuit Court on November 2016, as part of a pre-trial diversion agreement. He was prohibited from possessing a firearm because of his guilty plea.
The case was prosecuted by Assistant United States Attorney Amanda Gregory and it was investigated by the Louisville Metro Police Department (LMPD), and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). The state case was prosecuted by Assistant Commonwealth’s Attorney Elizabeth Jones Brown, who secured a sentence of 15 years in state prison on August 22, 2018.
The U.S. Attorney’s Office is partnering with federal, state, and local law enforcement to specifically identify criminals responsible for significant violent crime in the Western District of Kentucky. A centerpiece of this effort is Project Safe Neighborhoods, a program that brings together all levels of law enforcement to reduce violent crime and make neighborhoods safer for everyone. Today’s sentencing is part of the Project Safe Neighborhoods Initiative in the Western District of Kentucky.
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Kentucky Correctional Officers Plead Guilty to Beating Handcuffed Detainee and Attempting to Cover up the AssaultRead the Press Release
David M. Schwartz, 48, and Donna K. Gentry, 55, former correctional officers at the Louisville Metro Department of Corrections (LMDC), pleaded guilty today to federal charges in connection with the assault of a detainee and a subsequent attempt to cover up that misconduct. A third officer, Devan Edwards, previously pleaded guilty to assaulting the detainee and failing to intervene to prevent Schwartz from assaulting him.
“Correctional officers are sworn to uphold and defend the laws of our nation and to ensure the safety of the inmates under their control,” said Assistant Attorney General Eric Dreiband of the Civil Rights Division. “These defendants knowingly violated the constitutional rights of an inmate and then lied to cover it up, thereby abusing the powers that the public entrusted to them. The Department of Justice will continue to hold correctional officers accountable for their actions.”
“This Commonwealth is well-served by many dedicated and under appreciated corrections officers and deputy jailers; however taking that oath means something,” said U.S. Attorney Russell Coleman for the Western District of Kentucky. “Those that view it as mere words and not a solemn vow to uphold the constitutional rights of Kentuckians will face federal prosecution.”
“Today’s guilty pleas confirm that FBI Louisville will pursue all aspects of excessive force incidents, including any attempts to obstruct an investigation into underlying conduct. Corrections officers have a critical public safety responsibility, and those who decide to cross the line and engage in criminal misconduct will be held accountable, “ said FBI Louisville Special Agent in Charge James R. Brown, Jr.
According to documents filed in connection with the guilty pleas, on April 18, 2018, Schwartz, while on duty as a correctional officer, punched a pretrial detainee, T.W., in the face while T.W. had his hands cuffed behind his back, and was pleading with Schwartz and posing no threat. Schwartz then wrote a false and misleading report, in which he intentionally omitted the fact that he had used force against T.W., and also wrote a citation charging T.W. with felony third-degree assault, in which he knowingly included false information about T.W.’s conduct.
On the same date, Gentry, who was then a sergeant, learned that Schwartz and Edwards had assaulted the detainee and that Edwards had accidentally turned on his body camera and recorded part of that assault. Gentry wrote and filed a false report, in which she included false statements and made material omissions about the excessive force used by Officers Schwartz and Edwards. She then directed Edwards to review her report and provide the same false account in his own report, changing the wording so that it would not be obvious that he had copied from her report.
Based on this misconduct, Schwartz pleaded guilty to one count of depriving T.W. of his right to be free from excessive force (resulting in bodily injury), and two counts of filing false reports. Gentry pleaded guilty to one count of obstructing justice for filing the false report and persuading another officer (Edwards) to file a false report. Schwartz faces a statutory maximum term of imprisonment of 50 years, and Gentry faces a statutory maximum term of 20 years, but their actual sentences will be calculated with reference to the advisory federal sentencing guidelines.
A sentencing hearing has been scheduled for Feb. 27, 2020.
This case was investigated by the Kentucky Public Corruption Civil Rights Task Force which consists of the Federal Bureau of Investigation (FBI), LMPD, the Kentucky office of the Attorney General, and the Kentucky State Police. The case was prosecuted by Assistant United States Attorney Amanda Gregory of the Western District of Kentucky and Special Litigation Counsel Christopher J. Perras of the Department of Justice’s Civil Rights Division.
Three LMPD Officers Charged in Overtime Case Plead Guilty and Agree to Pay $170,000 in RestitutionRead the Press Release
LOUISVILLE, Ky. – Three Louisville Metropolitan Police Department (LMPD) officers charged with wire fraud for their part in a scheme to defraud the Commonwealth of Kentucky, the federal government, and their own department have pleaded guilty in federal court today.
“This is a sad day but there is no gray here. These officers lied and stole to increase their paychecks and spike their pensions,” said U.S. Attorney Russell Coleman. “These officers are exceptions; outliers from the fine public servants of LMPD who we trust to protect our families. My personal thanks to Commonwealth’s Attorney Tom Wine and his office for their partnership in investigating and prosecuting this matter. We are also fortunate to have the focus, talent, and professionalism of the multi-agency Kentucky Public Corruption Civil Rights Task Force, without which we would not be here today.”
“Our office takes seriously any abuse of public trust. Early in this investigation, we began consulting with LMPD detectives and the United States Attorney’s Office to determine the most appropriate venue for both the ongoing investigation and anticipated prosecution,” said Commonwealth’s Attorney Tom Wine. “The partnership between our office and the United States Attorney’s Office allowed us to approach these cases strategically and guarantee appropriate punishment. It was and is the shared goal of all parties to ensure that those public officials who fail to operate with the utmost integrity be held fully accountable.”
Defendants Brian Stanfield, Todd Roadhouse, and Mark Final, took part in a scheme beginning in or about 2014 and continuing to in or about August 2017, to defraud LMPD, Kentucky, and the federal government for monetary gains by submitting overtime requests for time they did not actually work on behalf of LMPD and failing to work during their assigned shifts, as well as submitting overtime requests claiming to have worked hours for the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) on Organized Crime Drug Enforcement Task Force (OCDETF) matters. All three defendants waived Indictment by the grand jury and pleaded to a felony Information before the Court.
According to the plea agreements, to bolster and support their requests for overtime the defendants acted in concert to prepare and/or approve false and fraudulent uniform citation arrest reports in which he or one of his co-defendants altered the time of the arrest and added the co-defendants’ names on the signature line of the citation to make it appear that two or more of them were present and involved in the citation arrest, when, in fact, this was not true. By altering the citations in these ways, the defendants were able to create documentary support for their false claims for overtime pay for hours they did not actually work.
It was further part of the scheme that the defendants submitted overtime requests claiming to have worked hours for both the DEA and the ATF on OCDETF matters when they, in fact, did not work those hours. Based upon their representations, LMPD paid them for those hours and included those hours on a reimbursement request submitted to the DEA and the ATF. Stanfield submitted falsified overtime hours to both DEA and ATF, while Roadhouse and Final falsified hours to claim time worked and paid out of ATF OCDETF funds. Ultimately, the defendants were paid through LMPD for these claimed, but not worked, hours, and the DEA and the ATF reimbursed LMPD pursuant to their respective OCDETF Agreements.
The defendants engaged in this fraud and misrepresentation in order to steal funds from the Louisville Metro Police Department and the federal government by way of an inflated paycheck as well as to increase their salary over time in order to inflate the benefits they would receive from the Kentucky Retirement Systems upon retirement.
The defendants have agreed to pay nearly $170,000 in total restitution. According to the plea agreement, Stanfield agrees to pay restitution in the amount of $101,559; Roadhouse agrees to pay $41,390 in restitution and Final agrees to pay $27,531 in restitution.
The case is being prosecuted by Assistant United States Attorney Stephanie Zimdahl and Special Assistant U.S. Attorney Kaleb Noblett of the Jefferson County Commonwealth’s Attorney’s Office and was investigated by the Kentucky Public Corruption Civil Rights Task Force which consists of the Federal Bureau of Investigation (FBI), LMPD, the Kentucky office of the Attorney General, and the Kentucky State Police.
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Former Mammoth Cave Employee Sentenced to Prison for TheftRead the Press Release
PADUCAH, Ky. – United States Chief Judge Greg Stivers has sentenced Leslie Lewis to 2 years imprisonment, 3 years of supervised release following the sentence, and ordered him to pay restitution of $169,322 for theft of public money.
“Instead of serving as a steward to protect Mammoth Cave National Park, Ms. Lewis stole from one of the most iconic public spaces in our Commonwealth,” said U.S. Attorney Russell Coleman. “As a consequence, the defendant will soon find herself in radically different surroundings, federal prison.”
Lewis, age 61 of Cave City, a former 30-year employee of Mammoth Cave National Park was charged by a Grand Jury on January 9, 2019, with one count of Theft of Public Money. Lewis pled guilty to the charge, admitting that she has stolen more than $1,000 from the Park.
According to a victim impact statement from Mammoth Cave National Park, Lewis, who was employed to supervise, track, reconcile, and safeguard recreational fees to the park instead repeatedly used her position to steal publicly collected funds from the park by manipulating the fee collection system and the employees she supervised. During a five-year period examined by investigators, it was determined Lewis stole nearly $170,000. Lewis confessed to using several means to steal from the Park, including: cutting and pasting to create false deposit documents, filling out false deposit reports, and utilizing a duplicate check scheme, allowing her to take cash for a check amount that didn’t exist.
This case was prosecuted by Assistant United States Attorney Madison Sewell and investigated by the Office of the Inspector General and the National Park Service.
U.S. Attorney Appoints Decorated LMPD Officer as District’s New Law Enforcement CoordinatorRead the Press Release
LOUISVILLE, Ky. – United States Attorney Russell Coleman announced today the appointment of Sergeant Eric Black (Retired), previously of the Louisville Metro Police Department (LMPD), as the U.S. Attorney’s new Law Enforcement Coordinator for the Western District of Kentucky.
“We back the blue, both because our culture seeks to be humble partners with law enforcement and pursuant to one of the very first executive orders from President Trump,” said U.S. Attorney Russell Coleman. “I could not be more pleased that one of Louisville’s Finest, Sgt. Eric Black, will be an important part of furthering our mission of reducing violent crime in this city and helping federal law enforcement to be relevant in all 53 counties of our district.”
Prior to his recent retirement from LMPD, Sgt. Black led a multi-agency High Intensity Drug Trafficking Area (HIDTA) Drug Task Force, which included detectives from LMPD, the Jefferson County Sheriff’s Office, and the Kentucky State Police. To honor his leadership in this role, the four-state Appalachia HIDTA comprised of Kentucky, Tennessee, Virginia, and West Virginia named Sgt. Black its 2018 Task Force Officer of the Year. Black held previous assignments as the commander of LMPD’s Robbery Unit, Commander of an LMPD Narcotics Street Platoon, and a Detective with an LMPD Major Case Unit. Sgt. Black was initially hired as a Police Officer with the Jefferson County Police Department in 1995.
As Law Enforcement Coordinator and part of the U.S Attorney’s leadership team, Sgt. Black’s duties will involve advising the U.S. Attorney on state and local law enforcement issues throughout the 53 counties comprising the Western District of Kentucky which stretches from suburban Louisville to the river counties west of Paducah. Black will also serve as a liaison and conduit for state and local law enforcement agencies to bring cases for possible federal prosecution, with an emphasis on reduction of violent crime.
Previous Western District of Kentucky Law Enforcement Coordinators have included Jeremy Thompson, now Chief of the Elizabethtown (KY) Police Department, and Brett Hightower, now Warren County (KY) Sheriff.
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Houston, TX Man Sentenced to 27 Months for Shipping Misbranded Prescription Drugs to Oldham CountyRead the Press Release
LOUISVILLE, Ky. – A Houston, Texas, man, has been sentenced to 27 months in federal prison followed by 2 years of supervised release by United States District Judge David J. Hale for two counts of introducing misbranded drugs into interstate commerce and one count of using a fictitious name to conduct an unlawful business.
Dhaval Jerambhai Dholaria, 39, of Houston, Texas, pleaded guilty to two counts of introducing misbranded drugs into interstate commerce and one count of using a fictitious name to conduct an unlawful business in August of 2019. Dholaria was originally indicted on June 7, 2017.
“Put the families of our district at risk through your greed, as in this case, and expect to reside in federal prison” said U.S. Attorney Russell Coleman.
“Distributing foreign prescription drugs of unknown origin and ingredients instead of FDA-approved drugs places the U.S. public health at risk,” said Mark S. McCormack, Special Agent in Charge, U.S. Food and Drug Administration's Office of Criminal Investigations, Metro Washington Field Office. “We will aggressively pursue and bring to justice those who attempt to subvert FDA requirements, which are designed to ensure the safety and quality of drugs distributed to American consumers.”
According to the plea agreement, from March 19, 2016, to March 23, 2016, Mr. Dholaria illegally shipped zolpidem tartrate (Ambien), a Schedule IV controlled substance used for sleep problems, from a location in Texas to a P.O. Box in Oldham County, Kentucky. The medication he shipped was misbranded, in that it was dispensed without a prescription and its labeling did not contain required directions for use. He shipped this medication with the intent to defraud and mislead, by avoiding the FDA requirements for prescription drugs.
To accomplish his introduction of misbranded drugs into interstate commerce, Dholaria used a stamps.com shipping account registered in the name of “Sam H,” a false name he used for the purpose of conducting his unlawful business by means of the Postal Service.
During the course of the investigation, federal agents seized over thirty (30) packages of prescription pills sent to Dholaria from India. Those packages contained approximately: 52,000 tramadol pills (a Schedule IV opioid), 2,300 diazepam pills (a Schedule IV anti-anxiety medication, also known as Valium), 2,200 zolpidem tartrate pills, 1,200 clonazepam pills (a Schedule IV anti-anxiety medication, also known as Klonopin), and 1,500 carisoprodol pills (a Schedule IV muscle relaxant, also known as Soma). Agents also seized nearly thirty (30) packages containing nearly 5,000 prescription pills of various types that agents witnessed Dholaria placing in the mail for delivery to United States residents. Based on shipping records it appears that Dholaria shipped tens of thousands of prescription pills throughout the United States before he was caught.
The case was prosecuted by Assistant United States Attorneys David Weiser and Madison Sewell, and was investigated by the Food and Drug Administration, Office of Criminal Investigations, the United States Postal Service, and Homeland Security Investigations.
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Heroin Dealer Sentenced to 10 YearsRead the Press Release
LOUISVILLE, Ky. – A Louisville, man, who pleaded guilty to possessing and dealing heroin, has been sentenced to 10 years in prison followed by 5 years of supervised release, by United States District Judge David J. Hale.
“Peddle this poison at your peril in the Western District of Kentucky” said U.S. Attorney Russell Coleman “Law enforcement here is committed and united to protect our families from this threat.”
Logan Charles Silliman, 33, was indicted by a Grand Jury sitting in Louisville on March 8, 2017.
Silliman was originally indicted with knowingly and intentionally distributing a mixture and substance containing a detectable amount of heroin, to Gregory Allen, whose death and serious bodily injury resulted from the use of the drugs. Under the terms of the plea agreement, Silliman voluntarily plead to a lesser offense, and pleaded guilty to knowing and possessing with intent to distribute a mixture of a substance containing a detectable amount of heroin.
According to a plea agreement, on or about December 19, 2016, Silliman distributed a mixture or substance containing a detectable amount of heroin to Allen.
On or about January 6, 2017, Silliman possessed a mixture or substance containing a detectable amount of heroin when police located the drugs in his apartment during the execution of a search warrant. Silliman admitted that he had been selling heroin for approximately two years.
The case was prosecuted by Assistant United States Attorneys Robert Bonar and Stephanie Zimdahl, and was investigated by the Louisville Metro Police Department and the Drug Enforcement Agency (DEA).
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Murray, Kentucky Child Predator Found Guilty by JuryRead the Press Release
PADUCAH, Ky. – A Calloway County, Kentucky, man, has been convicted today on 25 counts of production of child pornography, one count of receipt of child pornography, and one count of sex trafficking children. The jury convicted Jeffrey Desmond Carter, age 40, following a five-day jury trial after 2.5 hours of deliberation.
“When I talk about the feds being good partners to state and local law enforcement, this outcome is where words translated into a result with our kids as the beneficiaries,” said U.S. Attorney Russell Coleman. “What began with Murray PD, Calloway County SO, and the KY State Police was then ably-prosecuted by a talented federal prosecutor supported by a team of dedicated support professionals. More to come; we are committed to being good partners in serving all 53 counties of our district.”
Carter, of Murray, Kentucky, was charged on October 18, 2016, by a federal grand jury with 25 counts of production of child pornography, one count of receipt of child pornography, and one count of sex trafficking children.
According to a pretrial memo, on February 5, 2015, the Calloway County Sheriff’s Department was notified that a 15 year-old female had sent sexually explicit photos and videos of herself to Carter, through a Facebook messenger account under the name of Adam Bryan. The investigation soon merged with an investigation by the Murray Police Department.
At the same time the Calloway County report was made, another report was being made to the Murray Police Department that a 14-year old girl sent nude images to Carter. Through investigative techniques, Carter was identified and a search warrant was obtained for his Murray, Kentucky, apartment.
A search warrant for Carter’s apartment was executed on February 10, 2015, by law enforcement agents from the Murray Police Department, Calloway County Sheriff’s Department, and Kentucky State Police. A number of items were seized from the residence including electronic devices. Carter was present when the warrant was executed and was taken to the Murray Police Department for questioning. After waiving his Miranda rights, Carter admitted to using the “Adam Bryan” Facebook account and to contacting girls under the age of 18 and requesting nude images and videos from them. Further, Carter admitted to engaging in sexual acts with a number of minor females and to recording those encounters. Carter stated that he would pay money or provide gifts to the minor females in exchange for participating in the sex acts or for sending nude images or videos. In addition to his verbal confession Carter wrote out a confession; in this written confession, Carter specifically names six of the victims listed in the indictment, and provides a description of a seventh.
The Kentucky Regional Computer Forensics Laboratory performed an analysis on the devices seized during the search warrant; in reviewing the reports and data an FBI special agent and other authorities were able to identify at least 12 victims, including those already known to law enforcement.
Sentencing in this case is set for 11:00 AM Central time, on January 14, 2020, in Paducah, before Senior United States District Judge Thomas B. Russell. Carter faces a mandatory prison term of no less than 15 years and a maximum of 30 years for counts 1-22, 24, 25, & 27; no less than 5 years and a maximum of 20 years for count 23; no less than 10 years and a maximum of life imprisonment for count 26; and up to and including a lifetime period of supervised release. There is no parole in the federal system.
The case is being prosecuted by Assistant United States Attorney Seth A. Hancock and was investigated by the Federal Bureau of Investigation. In addition to the original investigative agencies including the Murray Police Department, Calloway County Sheriff’s Department, and the Kentucky State Police, assistance in the federal investigation was received from the Marshall County Sheriff’s Department; McCracken County Sheriff’s Department; Metropolis, Illinois Police Department; Murray State University Police Department; and the Purchase Area Sexual Assault and Child Advocacy Center.
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This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims.
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Covington Woman Indicted for Theft of Social Security FundsRead the Press Release
NEW ORLEANS – United States Attorney Peter G. Strasser announced that HAYDEE ARMAS SANTANA (“SANTANA”), age 56, of Covington, Louisiana, was indicted September 26, 2019 by a federal grand jury for Theft of Government Funds, in violation of Title 18, United States Code, Section 641.
According to the indictment, beginning in 2015, SANTANA filed for, and became eligible for, Social Security Supplemental Security Income (“SSI”) disability payments. According to the indictment, SANTANA submitted a Form SSA-8001, under penalty of perjury, to the SSA in which she denied owning additional real property other than her home and claimed she only had $200.00 in a Citizen Bank & Trust checking account. SANTANA’s SSI application concealed an Iberia Bank account and her ownership in at least two additional pieces of real property, including one located in Miramar Beach, FL. In total, SANTANA fraudulently obtained over $31,000.00 in SSA SSI disability benefits.
U.S. Attorney Strasser reiterated that the indictment is merely a charge and that the guilt of the defendant must be proven beyond a reasonable doubt.
If convicted, SANTANA faces a maximum penalty of ten (10) years imprisonment, followed by up to three (3) years of supervised release, a fine of up to $250,000.00, and a mandatory $100 special assessment.
U.S. Attorney Strasser praised the work of the Social Security Administration, Office of Inspector General and the Louisiana State Police. The prosecution of this case is being handled by Assistant U. S. Attorney Brian M. Klebba, Supervisor of the Financial Crimes Unit.
Louisville Man Who Shot at LMPD Officer Pleads Guilty to Federal CrimeRead the Press Release
LOUISVILLE, Ky. – A Louisville, Kentucky, man has pleaded guilty to the federal crime of being a felon in possession of a firearm, announced United States Attorney Russell Coleman.
Elijah Eubanks, age 21, was charged by a Louisville federal Grand Jury on July 24, 2018, in a single count Indictment of being a felon in possession of a Ruger .357 caliber revolver. Eubanks pleaded guilty to the Indictment yesterday in U.S. District Court.
The federal charge stemmed from a shooting involving a Louisville Metropolitan Police Officer on March 31, 2018. Eubanks fired at an officer who attempted to question him while he was in a vehicle with another person. Jefferson County Commonwealth Attorney Tom Wine’s Office previously convicted Eubanks of attempted murder for this incident.
At the time of the March 31st shooting, Eubanks had previously pleaded guilty to one count of Wanton Endangerment I, and one count of Criminal Mischief I, in Jefferson Circuit Court on November 2016, as part of a pre-trial diversion agreement. He was prohibited from possessing a firearm because of his guilty plea.
“Shoot a peace officer, shoot at a peace officer, and the United States Attorney’s Office will seek to send you to federal prison for as long as the law allows,” said U.S. Attorney Russell Coleman.
Eubanks is scheduled for sentencing on November 1, 2019, at 10 a.m., before United States District Court Judge David J. Hale.
The maximum sentence for unlawfully possessing a firearm is no more than ten years in federal prison, a $250,000 fine, and three years of supervised release. There is no parole in the federal system.
The case is being prosecuted by Assistant United States Attorney Amanda Gregory and it was investigated by the Louisville Metro Police Department (LMPD) and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).
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Louisville Man Sentenced to 25 Years for Advertising, Transporting, and Possessing Child PornographyRead the Press Release
LOUISVILLE, Ky. – United States District Judge Rebecca Grady Jennings has sentenced Chase Franklin Ramos to 300 months in federal prison followed by a lifetime of supervised release for advertising, transporting and possessing child pornography, announced United States Attorney Russell Coleman.
“When you choose to engage in this district in a marketplace of filth that hurts kids, you should also be prepared to spend decades in federal prison; no parole,” said U.S. Attorney Russell Coleman.
On May 17, 2019, Ramos, age 30, of Louisville, Kentucky, pleaded guilty to all seven counts of the Indictment; counts 1 through 3 charged Ramos with advertising child pornography, counts 4 through 6 charged the defendant with transportation of child pornography, and count 7 charged possession of child pornography.
According to a Sentencing Memo before the Court, Ramos, using the screen name Hellmage666, accessed “Website A” on multiple occasions from April of 2017 to March of 2018. Hellmage666 was a member of some private groups on “Website A”, and created and administered the groups “Hellmage666” and “Loveoftheb”. The FBI determined that “Hellmage666” was accessing the internet from a specific address in Louisville, Kentucky.
The FBI obtained a search warrant and executed it on October 4, 2018. During that search, the FBI interviewed Ramos who eventually admitted to being “Hellmage666”. He explained that he downloaded and viewed child pornography on his cell phone. He admitted to creating several groups on Website A, including “Loveoftheb,” and “Hellmage666.”
The FBI accessed Dropbox links, and downloaded all of the images and videos Ramos posted in the “Website A” groups. Ramos provided 12 Dropbox links that contained folders with names indicative of child pornography that included 1,215 images and 210 videos. On multiple dates between May 25, 2017, and January 11, 2018, Ramos engaged in the solicitation and transportation of child pornography through “Website A.”
This case was prosecuted by Assistant United States Attorney A. Spencer McKiness and investigated by the Federal Bureau of Investigation (FBI).
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims.
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Meth distributor sentenced to 15 yearsRead the Press Release
LOUISVILLE, Ky. – U.S. District Judge Rebecca Grady Jennings has sentenced Eric Todd, of Louisville, to a sentence of 188 months imprisonment, followed by five years of supervised release for conspiracy to distribute approximately 230 grams of crystal methamphetamine, announced United States Attorney Russell Coleman.
“We’re talking about approximately 500 doses of meth here, with all of the pain and risk to families that poison brings with it,” said U.S. Attorney Russell Coleman. “Working with stalwart partners such as the ATF, we will continue to remove drug traffickers like Mr. Todd from our Commonwealth, who now faces over a decade and a half in federal prison.”
Todd, 43, was found guilty after a jury trial in Louisville, Kentucky, on May 28, 2019, through May 31, 2019, before U.S. District Judge Rebecca Grady Jennings.
Todd’s counsel, argued for a reduced sentence of 120 months, contending that Todd played a minor role in the conspiracy. Judge Jennings rejected that argument, finding that according to the evidence presented at trial Todd was fully responsible for his actions, in that he initiated the drug transaction for which he was convicted by calling the informant and soliciting her to purchase methamphetamine from him. Evidence further established that the defendant managed and controlled this criminal activity by calling the informant several times and directing her over a period of several hours to go to various locations within the city before finally directing her to retrieve the methamphetamine and place the money for the purchase in the trunk of a parked car at a local restaurant.
The case was prosecuted by Assistant United States Attorney Larry Fentress with support from legal assistant Charlotte Hendricks. The case was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF).
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Kentucky Woman Pleads Guilty to Sex Trafficking Two VictimsRead the Press Release
WASHINGTON – Cleoretta Allen, 41, of Louisville, Kentucky, pleaded guilty today in the U.S. District Court for the Western District of Kentucky to two counts of sex trafficking by force, fraud, or coercion and one count of interstate transportation for prostitution.
According to court documents, the defendant used violence, threats, fear, and intimidation to coerce two young women to engage in commercial sex acts in the Louisville area between September 2017 and October 2017. Allen also transported the victims from Kentucky to Georgia to engage in commercial sex. On Oct. 31, 2017, the victims contacted the police, which resulted in the defendant’s arrest.
“This defendant abused the victims and coerced them to engage in commercial sex for her gain,” said Assistant Attorney General Eric Dreiband for the Department of Justice’s Civil Rights Division. “The Department of Justice will continue to work tirelessly to seek justice on behalf of victims and survivors of human trafficking.”
“Our basic task in law enforcement is to protect the most vulnerable in this community,” said U.S. Attorney Russell M. Coleman of the Western District of Kentucky. “This successful investigation and prosecution demonstrates that principle is just how we do business in the Western District of Kentucky.”
“Human traffickers have no limits and will find victims anywhere,” said Special Agent in Charge James Robert Brown Jr. of the FBI’s Louisville Field Office. “Through investigations like this with our law enforcement partners, FBI Louisville is fiercely focused on freeing victims from the abusive life of sex trafficking and bringing to justice those who exploit them.”
In accordance with the plea agreement, the defendant faces a sentence of 15 to 19.5 years in prison. She is further subject to a maximum fine of $250,000 per count of conviction, as well as mandatory restitution to the victims. Sentencing will be scheduled on a later date.
This case was investigated by the FBI in Louisville, Kentucky, the Louisville Metro Police Department, and the Jefferson County Sheriff’s Office. The case is being prosecuted by Assistant U.S. Attorney Amanda E. Gregory of the Western District of Kentucky and Special Litigation Counsel William E. Nolan and Trial Attorney Kate Alexander of the Civil Rights Division’s Human Trafficking Prosecution Unit.
Kentucky Woman Pleads Guilty to Sex Trafficking Two VictimsRead the Press Release
Cleoretta Allen, 41, of Louisville, Kentucky, pleaded guilty today in the U.S. District Court for the Western District of Kentucky to two counts of sex trafficking by force, fraud, or coercion and one count of interstate transportation for prostitution.
According to court documents, the defendant used violence, threats, fear, and intimidation to coerce two young women to engage in commercial sex acts in the Louisville area between September 2017 and October 2017. Allen also transported the victims from Kentucky to Georgia to engage in commercial sex. On Oct. 31, 2017, the victims contacted the police, which resulted in the defendant’s arrest.
“This defendant abused the victims and coerced them to engage in commercial sex for her gain,” said Assistant Attorney General Eric Dreiband for the Department of Justice’s Civil Rights Division. “The Department of Justice will continue to work tirelessly to seek justice on behalf of victims and survivors of human trafficking.”
“Our basic task in law enforcement is to protect the most vulnerable in this community,” said U.S. Attorney Russell M. Coleman of the Western District of Kentucky. “This successful investigation and prosecution demonstrates that principle is just how we do business in the Western District of Kentucky.”
“Human traffickers have no limits and will find victims anywhere,” said Special Agent in Charge James Robert Brown Jr of the FBI’s Louisville Field Office. “Through investigations like this with our law enforcement partners, FBI Louisville is fiercely focused on freeing victims from the abusive life of sex trafficking and bringing to justice those who exploit them.”
In accordance with the plea agreement, the defendant faces a sentence of 15 to 19.5 years in prison. She is further subject to a maximum fine of $250,000 per count of conviction, as well as mandatory restitution to the victims. Sentencing will be scheduled on a later date.
This case was investigated by the FBI in Louisville, Kentucky, the Louisville Metro Police Department, and the Jefferson County Sheriff’s Office. The case is being prosecuted by Assistant U.S. Attorney Amanda E. Gregory of the Western District of Kentucky and Special Litigation Counsel William E. Nolan and Trial Attorney Kate Alexander of the Civil Rights Division’s Human Trafficking Prosecution Unit.
U.S. Attorney Announces Charges in Surge Against Violent Crime in HopkinsvilleRead the Press Release
HOPKINSVILLE, Ky. – United States Attorney Russell Coleman announced the formation of the Hopkinsville Gun Crimes Task Force, and the return of four felony indictments charging individuals with federal firearms violations, including possession of guns by convicted felons.
The charges continue to develop through ongoing partnerships with multiple local, state, and federal law enforcement agencies to maximize penalties for the most violent repeat offenders as part of the Department of Justice’s Project Safe Neighborhoods (PSN) initiative. In Hopkinsville, this multi-agency effort includes the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), Federal Bureau of Investigation (FBI), Drug Enforcement Administration (DEA), Hopkinsville Police Department, and the Christian County Sheriff’s Office, and the Office of Christian County Commonwealth’s Attorney Rick Boling which have recently formed the Hopkinsville Gun Crimes Task Force.
“The increased gun violence here in Hopkinsville, to include the shooting of a police officer, is unacceptable,” said U.S. Attorney Russell Coleman. “I’m proud for federal law enforcement to participate in this new task force, the goal of which is to remove violent felons from Christian County for as long as the law allows. This round of indictments is only our first step; stay tuned.”
“ATF strives to be ‘no better partner’ in our efforts alongside Hopkinsville Police Department, Christian County Sheriff’s Office, the FBI and DEA as part of the Hopkinsville Gun Crimes Task Force,” said Tommy E. Estevan, ATF Assistant Special Agent, Louisville Field Division. “U.S. Attorney Coleman’s announcement reflects the value of utilizing multi-jurisdictional resources and crime gun intelligence to identify and investigate illicit gun traffickers, trigger pullers and other armed violent offenders. These efforts disrupt the shooting cycle and will reduce, prevent and solve violent gun crimes.”
Those charged in this first round of indictments include:
- Credall Hubbard, age 61, of Evansville, IN, is charged in a three count indictment with being a felon in possession of firearm: a Taurus, model PT145 Millennium Pro, .45 caliber semiautomatic pistol. Hubbard has previous felony convictions for second degree manslaughter, previously being a felon in possession of a handgun, bank robbery and assault by the use of a deadly weapon (aiding and abetting), and possession or use of a firearm during a crime of violence, each a felony. He also faces charges of felon in possession of a firearm, a Ruger AR-556, 5.56 millimeter semiautomatic rifle and a Ruger SR40, .40 caliber semiautomatic pistol. Hubbard faces a third count of possession of body armor by a violent felon.
- Jarontae L. Taylor, age 20, of Hopkinsville, KY, is charged with being a felon in possession of a firearm: a Glock 17, 9 millimeter semiautomatic pistol. Taylor was previously convicted of second-degree burglary.
- Tony D. Bowen, age 36, of Hopkinsville, KY, is charged with being a felon in possession of a firearm: a Glock 17, 9 millimeter semiautomatic pistol. Bowen was previously convicted three separate times for robbery and for aggravated assault.
- Ahgeana Bailey, age 25, of Cadiz, KY, is charged with being a felon in possession of a firearm: a FIE Corp. Titan Tiger .38 special caliber revolver. Bailey was previously convicted of possession of a handgun by a convicted felon and first-degree bail jumping.
The cases are being prosecuted by Assistant United States Attorneys Seth Hancock and Leigh Ann Dycus. The cases are being investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), Hopkinsville Police Department, Federal Bureau of Investigation (FBI), Drug Enforcement Administration (DEA), Kentucky State Police, and the Christian County Sheriff’s Office, which comprise the Hopkinsville Gun Crimes Task Force, in cooperation with the Office of Christian County Commonwealth’s Attorney Rick Boling.
The U.S. Attorney’s Office is partnering with federal, state, and law enforcement to specifically identify the criminals responsible for significant violent crime in the Western District of Kentucky. A centerpiece of this effort is Project Safe Neighborhoods, a program that has been historically successful in bringing together all levels of law enforcement to reduce violent crime and make neighborhoods safer for everyone. Today’s indictments are part of the Project Safe Neighborhoods program.
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The indictment of a person by a Grand Jury is an accusation only and that person is presumed innocent until and unless proven guilty.
- Credall Hubbard, age 61, of Evansville, IN, is charged in a three count indictment with being a felon in possession of firearm: a Taurus, model PT145 Millennium Pro, .45 caliber semiautomatic pistol. Hubbard has previous felony convictions for second degree manslaughter, previously being a felon in possession of a handgun, bank robbery and assault by the use of a deadly weapon (aiding and abetting), and possession or use of a firearm during a crime of violence, each a felony. He also faces charges of felon in possession of a firearm, a Ruger AR-556, 5.56 millimeter semiautomatic rifle and a Ruger SR40, .40 caliber semiautomatic pistol. Hubbard faces a third count of possession of body armor by a violent felon.
Feds Charge Three in Relation to Meth Distribution at Keeton Corrections in PaducahRead the Press Release
PADUCAH, Ky. – Three men with ties to a Paducah halfway house have been charged by a Federal Grand Jury sitting in Paducah last week with possession with intent to distribute and distribution of methamphetamine and other charges, announced United States Attorney Russell Coleman.
“We promised that the feds would be more relevant in protecting folks in the Purchase Region” said U.S. Attorney Russell Coleman. “This investigation is a prime example of that, with state and federal partners working together to tackle a very real threat to this community. Paducah should be very proud of the fine work of its police department and Commonwealth’s Attorney.”
DeAnthony Woods, 32, of Paducah; Ralph Gaines Jr., 31, of Paducah; and David Jones, 27, of Madisonville, have all been charged by the grand jury for conspiracy to distribute methamphetamine, possession with intent to distribute and distribution of methamphetamine. According to the indictment, between April 12, 2019, and May 28, 2019, Woods, Jones, and Gaines Jr. knowingly and intentionally possessed with intent distribute and distributed 50 grams or more of a mixture of a substance with a detectable amount of methamphetamine.
Gaines Jr., is also charged with possession with intent to distribute methamphetamine, use/carry of a firearm in relation to a drug trafficking crime, and being a felon in possession of a firearm. Gaines Jr. has a previous felony conviction in state court for two counts of first-degree trafficking cocaine in 2016 and another prior felony conviction for four counts of first degree trafficking cocaine in 2008.
The federal charges come on the heels of a two-month investigation by the Paducah Police Department into drug trafficking at Keeton Corrections. The Paducah Police Department charged eight people on charges of trafficking methamphetamine and/or trafficking in synthetic drugs in state court, and detectives recovered more than one quarter pound of meth during the course of the investigation. The United States Attorney’s Office worked in close coordination with investigators and the Commonwealth’s Attorney to bring charges against the three men listed in the federal indictment.
Woods, Gaines and Jones face no less than 5 years and a maximum sentence of 40 years (in prison) for conspiracy to possess with intent to distribute methamphetamine. Gaines faces no more than 20 years for possession with intent to distribute meth, no less than 5 years for use/carry firearm during and in relation to drug trafficking crime and no more than 10 years for being a felon in possession of a firearm.
This case is being prosecuted by Assistant United States Attorney Leigh Ann Dycus, and is being investigated by the Paducah Police Department and the Kentucky Department of Corrections, Division of Probation and Parole, in cooperation with the Office of McCracken Commonwealth’s Attorney Dan Boaz.
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The indictment of a person by a Grand Jury is an accusation only and that person is presumed innocent until and unless proven guilty
Feds/LMPD Complete Raids Targeting Violent Crime in LouisvilleRead the Press Release
LOUISVILLE, Ky. – During a two-week period starting July 22, 2019, and ending August 2, 2019, the United States Marshals Service; Louisville Metro Police Department; Bureau of Alcohol, Tobacco, Firearms and Explosives; Drug Enforcement Administration, and the Federal Bureau of Investigation conducted Operation Iron Grip in an effort to reduce violent crime in Louisville.
During the course of the operation, federal agents and Deputy United States Marshals assisted the Louisville Metro Police Department in arresting 57 individuals (49 for warrants, 7 new felony arrests, and one misdemeanor arrest) and seizing13 firearms (9 firearms on convicted felons, 4 firearms reported stolen and 1 firearm in the possession of a juvenile). Three subjects currently have federal detainers. There were 136 total charges. As a testament to how serious the charges were, 79 percent of the people arrested are still in custody, including three transported to prison.
“We promised more federal raid jackets alongside our LMPD partners in removing trigger-pullers from Louisville neighborhoods and we delivered,” said U.S. Attorney Russell Coleman. “The goal however is not a one-off, even as effective as Iron Grip, but a sustained cooperative effort between all levels of law enforcement to reduce these shootings and make families safer in our city. Stay tuned; much more to come.”
“Every day, the United States Marshals Service tracks down violent fugitives in the Louisville Metro area,” said United States Marshal Gary Burman. “Operation Iron Grip provided an excellent opportunity for the Marshals to work side by side with officers from LMPD and our federal partners which resulted in a significant number of arrests in a relatively short time. Special recognition should go to US Supervisory Deputy Marshal David Hale for his leadership and coordination of this effort.”
Jefferson County Commonwealth’s Attorney Tom Wine said, “Operation Iron Grip is another example of resourceful teamwork between federal and state law enforcement agencies and prosecutors working to protect our community,” he continued. “Individuals, especially convicted felons with firearms, who have avoided criminal prosecution, will now be held accountable for their criminal charges. We encourage residents of Metro Louisville to continue to help us bring to justice those who have endangered the lives and well-being of law abiding people.”
“Efforts such as Iron Grip are key tools in addressing violence in our community,” said Louisville Metro Police Chief Steve Conrad. “Without partnerships, police cannot do our jobs effectively. We are very grateful to our federal partners for joining together with us to address the people who are most violent in our city.”
“Combining the resources of ATF with LMPD and our federal law enforcement partners is a force multiplier in the reduction of violent crime in metro Louisville,” stated Stuart Lowrey, Special Agent in Charge, ATF Louisville Division. “ATF remains ‘No Better Partner’ in these coordinated efforts to restore community safety through the arrest of violent offenders.”
“FBI Louisville has doubled our resources working violent crime and gangs in the City of Louisville, and we are proud to be a part of the LMINTEL Task Force and to assist in taking violent criminals off the streets of Louisville,” stated FBI Special Agent in Charge Robert Brown, Jr. “This is just one piece of the violent crime puzzle. We continue to ask for the public to come forward and identify those who perpetrate violent crime in our communities.”
“The dedicated men and women of the Drug Enforcement Administration don’t just work in Louisville, we live here too… we’re part of this community,” said D. Christopher Evans, Special Agent in Charge of DEA’s Louisville Field Division. “We will work tirelessly with our law enforcement partners to ensure that Louisville is safe for everyone,” Evans added.
The arrests were a result of close collaboration between the Louisville Metro Police Department and federal agencies including: Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF); Federal Bureau of Investigation (FBI); Drug Enforcement Administration (DEA); and the United States Marshals Service (USMS). Prosecutions will be handled by both Jefferson County Commonwealth’s Attorney’s Office and the United States Attorney’s Office.
Houston, TX Man Pleads Guilty to Mailing Misbranded Prescription Drugs to Oldham CountyRead the Press Release
LOUISVILLE, Ky. – Dhaval Jerambhai Dholaria, 39, of Houston, Texas, pleaded guilty to two counts of introducing misbranded drugs into interstate commerce and one count of using a fictitious name to conduct an unlawful business, United States Attorney Russell Coleman announced today. Dholaria was originally indicted on June 7, 2017.
According to the plea agreement, from March 19, 2016, to March 23, 2016, Mr. Dholaria illegally shipped zolpidem tartrate (Ambien), a Schedule IV controlled substance used for sleep problems, from a location in Texas to a P.O. Box in Oldham County, Kentucky. The medication he shipped was misbranded, in that it was dispensed without a prescription and its labeling did not contain required directions for use. He shipped this medication with the intent to defraud and mislead, by avoiding the FDA requirements for prescription drugs.
To accomplish his introduction of misbranded drugs into interstate commerce, Dholaria used a stamps.com shipping account registered in the name of “Sam H,” a false name he used for the purpose of conducting his unlawful business by means of the Postal Service.
During the course of the investigation, federal agents seized over thirty (30) packages of prescription pills sent to Dholaria from India. Those packages contained approximately: 52,000 tramadol pills (a Schedule IV opioid), 2,300 diazepam pills (a Schedule IV anti-anxiety medication, also known as Valium), 2,200 zolpidem tartrate pills, 1,200 clonazepam pills (a Schedule IV anti-anxiety medication, also known as Klonopin), and 1,500 carisoprodol pills (a Schedule IV muscle relaxant, also known as Soma). Agents also seized nearly thirty (30) packages containing nearly 5,000 prescription pills of various types that agents witnessed Dholaria placing in the mail for delivery to United States residents. Based on shipping records it appears that Dholaria shipped tens of thousands of prescription pills throughout the United States before he was caught.
The charges Dholaria pleaded guilty to carry a maximum term of imprisonment of 11 years, a combined maximum fine of $750,000, and a one year term of supervised release.
The case is being prosecuted by Assistant United States Attorneys Madison Sewell and David Weiser, and is being investigated by the Food and Drug Administration, Office of Criminal Investigations, the United States Postal Inspection Service, and Homeland Security Investigations.
Clinton County Doctor Sentenced to 30 Months in Prison for Illegally Prescribing OpioidsRead the Press Release
BOWLING GREEN, Ky. – Dr. Michael Lee Cummings, 64, of Albany, Kentucky, was sentenced on July 24, 2019, to 30 months of prison, followed by three years of supervised release, and ordered to pay a fine of $400,000, by District Court Judge Greg Stivers, First Assistant United States Michael A. Bennett announced today. Cummings was also ordered to reimburse the Bureau of Prisons for the costs of his incarceration.
Cummings was originally indicted on April 12, 2017, and on March 19, 2019, he pleaded guilty to 13 counts of illegally prescribing controlled substances outside the course of professional medical practice and without a legitimate medical purpose.
Dr. Cummings ran a family practice in Albany for many years. A federal investigation began in 2015 after a Kentucky Board of Medical Licensure expert found that Dr. Cummings’s treatment of several patients fell below minimum standards of care, and after the Clinton County Coroner noticed several overdose deaths involving Dr. Cummings’ patients, according to a Sentencing Memo filed before the Court. The federal investigation revealed that patients drove from as far as Indianapolis to obtain prescriptions from Dr. Cummings.
According to the Sentencing Memo, the investigation further discovered that every single year from 2009 through 2014, Dr. Cummings was in the top 1% of all Kentucky primary care prescribers for Oxycodone, hydrocodone, and benzodiazepines. Between 2009 and 2014, Dr. Cummings wrote prescriptions for an average of over 249,000 oxycodone pills, 438,000 hydrocodone pills, and 347,000 benzodiazepine pills per year. Each year from 2009 through 2014, Dr. Cummings prescribed approximately 10 times as many hydrocodone and benzodiazepine pills as the average Kentucky primary care prescriber, and approximately 20 times the number of Oxycodone pills as the average Kentucky primary care prescriber. In 2012, for example, Dr. Cummings wrote enough prescriptions to provide every man, woman, and child in Albany with 230 hydrocodone pills, 134 Oxycodone pills, and 178 benzodiazepine pills, the Sentencing Memo said.
As part of the investigation, medical experts reviewed several of Dr. Cummings’s patient charts and found, amongst other things, that Dr. Cummings: 1) failed to establish an objective pain diagnosis; 2) failed to establish treatment plans and goals; 3) excessively prescribed “highly addictive drugs” without sufficient documentation; 4) failed to take action even when patients failed urine drug screens and pills counts; 5) failed to take action when KASPER reports were suspicious for drug abuse; 6) prescribed dangerous combinations of controlled and non-controlled substances; and 7) continued to prescribe opioids and benzodiazepines to patients for years without evidence of clinical improvement, which was detailed in the Sentencing Memo before the Court.
For example, on August 26, 2010, Dr. Cummings’ noted that his office received a report that his patient, S.F., was “selling oxy.” On October 20, 2010, Dr. Cummings received another report that S.F. was “selling meds.” Nonetheless, Dr. Cummings continued refilling S.F.’s prescriptions, and on December 20, 2010, Dr. Cummings inexplicably doubled S.F.’s prescription for oxycodone. Moreover, on December 20, 2010, Dr. Cummings also prescribed Xanax for S.F., even though S.F.’s urine drug screen reflected that S.F. tested negative for the Xanax Dr. Cummings had prescribed in November.
The case was prosecuted by Assistant United States Attorneys David Weiser and Ann Marie Blaylock, and was investigated by the Federal Bureau of Investigation, the Kentucky State Police, and the Kentucky Cabinet for Health and Family Services, Office of the Inspector General.
KY Feds Applaud Progress in Fight Alongside State Partners in Reducing OD DeathsRead the Press Release
LOUISVILLE, Ky. – United States Attorneys Russell Coleman and Robert M. Duncan, Jr. applauded the work today of federal, state, and local law enforcement and health professionals as the overdose death rate in Kentucky took a significant dip with 233 fewer drug fatalities in 2018 than there were in 2017. While the decrease marks an improvement 1,333 Kentuckians lost to dangerous drugs are far too many in any state.
Federal prosecutors will continue to work hand-in-hand with state and local law enforcement agencies to have a significant impact in the fight against heroin and meth in Kentucky. Federal prosecutors sitting in the Eastern and Western Districts are actively prosecuting overdose cases where as little as one pill has caused death or serious bodily injury. U.S. Attorney’s Coleman and Duncan acknowledge treatment and prevention efforts are key in solving the crisis, however, enforcement will also remain a vital deterrent.
“Today’s announcement of a 15% decrease in the number overdose deaths in the Commonwealth is certainly positive news and a step in the right direction,” said United States Attorney Robert M. Duncan, Jr. “However, we all recognize there is still work to be done. We remain committed to using all available tools to combat this crisis, including vigorously prosecuting unlawful opioid traffickers, partnering to conduct community outreach and education, and encouraging those needing help to seek treatment.”
“We’re not there yet,” said U.S. Attorney Russell Coleman. “But lives saved last year demonstrates that unity of effort amongst federal, state, and local law enforcement is gaining ground in this fight.”
The Eastern and Western District United States Attorney’s Offices are actively pursuing the cartels that supply the majority of illegal synthetic opioids, like Fentanyl, to the Commonwealth. In addition both offices have Heroin Education Action Teams (USA HEAT) that are aimed at reducing the harm to Kentucky families and communities caused by heroin/opiate abuse by increasing community understanding of this epidemic. USA HEAT is a partnership between the United States Attorney’s Office for the Eastern and Western District of Kentucky and families who have lost a loved one to opiate overdose. These courageous moms, dads, brothers, sisters and children share their story in order to help others avoid the grief of losing a family member to a drug overdose. The Eastern District of Kentucky also utilizes Operation Synthetic Opioid Surge (SOS) in Fayette County dedicated to reducing access to illicit fentanyl.
The Appalachian Regional Prescription Opioid Strike Force (ARPO Strike Force), a joint law enforcement is also bringing dividends on the enforcement front. ARPO brings together the resources and expertise of the Health Care Fraud Unit in the Criminal Division’s Fraud Section (HCF Unit), the U.S. Attorney’s Offices for nine federal districts in five states, as well as law enforcement partners at the Federal Bureau of Investigation (FBI), U.S. Department of Health and Human Services Office of the Inspector General (HHS-OIG) and U.S. Drug Enforcement Administration (DEA). The mission of the ARPO Strike Force is to identify and investigate health care fraud schemes in the Appalachian region and surrounding areas, and to effectively and efficiently prosecute medical professionals and others involved in the illegal prescription and distribution of opioids.
Both districts also utilize Appalachia HIDTA task forces, with the mission to enhance and coordinate drug enforcement efforts of local, state and federal law enforcement agencies within areas designated as High Intensity Drug Trafficking Areas by pursuing the disruption/dismantlement of Drug Trafficking Organizations, particularly as it relates to the specific drug threat of the Appalachian region.
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U.S. Attorney’s Office Continues Close Coordination with Jefferson County Commonwealth’s AttorneyRead the Press Release
LOUISVILLE, Ky. – United States Attorney Russell Coleman today announced the addition of Kaleb J. Noblett as a Special Assistant United States Attorney in the Louisville office, another resource in the ongoing effort to maximize collaboration between state and federal law enforcement to address violent crime, drug trafficking, public corruption, and other high priority criminal matters in Jefferson County.
“Louisville families are better-served when its state and federal prosecutors function as one team,” said U.S. Attorney Russell Coleman. “We are grateful to Mr. Wine for allowing yet another of his capable Assistants, Kaleb Noblett, to offer us his time, talent, and experience.”
Mr. Noblett is the third member of the Jefferson County Commonwealth’s Attorney’s Office currently working hand-in-hand with the U.S. Attorney’s Office in the role of Special Assistant United States Attorney. He has served with the Jefferson County Commonwealth’s Attorney Office since November of 2015, and previously served as a summer law clerk with the United States Attorney’s Office in 2013. Mr. Noblett serves as the Economic “White Collar” Liaison in the Office of the Commonwealth’s Attorney.
As Louisville homicides and violent crimes increase in the summer months, the United States Attorney’s Office is aggressively pushing back with a swell of federal resources working alongside state and local law enforcement to police and prosecute the worst offenders in all neighborhoods, in all 53 counties of the Western District of Kentucky. The office is also committed to tackling instances of fraud, abuse and rooting out instances of child exploitation in the district.
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Suspected Shooter in Federal CustodyRead the Press Release
LOUISVILLE, Ky. – A previously convicted felon is now in federal custody after exchanging gun fire outside of a local fast food restaurant, announced United States Attorney Russell Coleman.
“Federal law enforcement is actively engaged with our LMPD partners in removing trigger-pullers from Louisville’s streets,” said U.S. Attorney Russell Coleman.
Kendrick C. Brown, 29, of Louisville, has been charged with one count of possessing a firearm after being a convicted felon, a federal felony that could lead to significant federal prison time.
According to a criminal complaint filed in U.S. District Court in Louisville, on Monday, May 13, 2019, at around 1:06 p.m., Brown and another individual exchanged gunfire in the parking lot of Indi’s restaurant at 1333 W. Broadway in Louisville, Kentucky. Both individuals retreated to their vehicles and fled the scene following the shooting.
The complaint further states that 911 callers described both vehicles, including a description of Brown’s license plate. Louisville Metro Police located Brown’s pickup truck near the University of Louisville Hospital a short time later.
Brown is charged with being a convicted felon in possession of a Sig-Sauer 9mm, model P229 firearm. Brown was previously convicted of conspiracy to possess with intent to distribute cocaine.
If convicted at trial, the maximum sentence for unlawfully possessing a firearm is no more than ten years in prison, a $250,000 fine, and three years of supervised release.
The case is being prosecuted by Assistant United States Attorney Erin McKenzie. The case is being investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and the Louisville Metro Police Department.
The U.S. Attorney’s Office is partnering with federal, state, and local law enforcement to specifically identify criminals responsible for significant violent crime in the Western District of Kentucky. A centerpiece of this effort is Project Safe Neighborhoods, a program that brings together all levels of law enforcement to reduce violent crime and make neighborhoods safer for everyone. The complaint is part of the Project Safe Neighborhoods Initiative in the Western District of Kentucky.
The charging of a person is an accusation only and that person is presumed innocent until and unless proven guilty.
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Louisville Metro Police Officer’s Credit Union Vice President Pleads Guilty to FraudRead the Press Release
LOUISVILLE, Ky. – The former Vice President of the Louisville Metro Police Officer’s Credit Union has been charged and pleaded guilty to a two count Information with fraud and aggravated identity theft, announced United States Attorney Russell Coleman.
“We expect our bankers to be of the highest integrity, especially those that serve the families of Louisville’s Finest,” stated U.S. Attorney Russell Coleman. “When financial professionals abandon this high standard, robust federal prosecution awaits.”
Josephine M. Crowe, 46, of Louisville, Kentucky, was charged in a criminal Information with one count of financial institution fraud and one count of aggravated identity theft as part of a scheme to defraud the Louisville Metro Police Officer’s Credit Union of over $3 million during a four year period.
According to the Information, beginning no later than January 2013, and continuing to on or about November 22, 2017, Crowe stole cash from the Credit Union’s vault and teller drawers. In order to compensate for the depletion of cash the defendant engaged in various methods to obtain cash for day-to-day operations including: instructing Credit Union employees, members, and others to withdraw cash from an ATM using either a debit card she provided or the individual’s personal debit card and return the cash to her for Credit Union operating needs; (b) obtaining credit card cash advances from members’ credit cards; (c) wire transferring funds to external accounts at various other financial institutions and then obtaining cash from the transfer; and (d) recording fictitious, unauthorized loans and using the proceeds of these loans to issue an Official Check, which she directed individuals to cash at local pawn shops or financial institutions and to return the cash proceeds to her so that she could then place it in the Credit Union’s vault and teller drawers.
As part of the scheme, Crowe created hundreds of fictitious, unauthorized loans by generating fraudulent loan documents and agreements between the Credit Union and unwitting Credit Union members in order to cover up her theft of cash from the Credit Union’s vault and teller drawers and to obtain funds owned by and under the custody and control of the Credit Union. She also created additional fictitious, unauthorized loans to generate proceeds that she used to make payments on legitimate loans that had outstanding balances at the Credit Union, without the knowledge of the either the Credit Union member in whose identity she was creating the fictitious loan, or the member for whose benefit the loan payment was being made.
On or about September 15, 2016, Crowe created a fictitious, unauthorized loan for $100,000 in the name of a member of the Credit Union (“Member 1”) without the knowledge and consent of Member 1, collateralizing the loan with a certificate of deposit owned by Member 1. She then deposited the loan proceeds, into an account held by Member 1 at the Credit Union and, approximately fifteen days later withdrew the entirety of the $100,000 loan proceeds from the account in the form of cash. Crowe used the name, social security number, and date of birth of Member 1 of the credit union, during and in relation to the fraud.
At sentencing, Crowe could receive a minimum term of imprisonment of 24 months, a maximum term of imprisonment of 32 years, a combined maximum fine of $1.25 million, followed by no more than 3 years of supervised release. The defendant could also be ordered to pay restitution to the National Credit Union Administration, as the liquidating agent for the Louisville Metro Police Officer’s Credit Union.
The case is being prosecuted by Assistant United States Attorney Stephanie Zimdahl and is being investigated by the Federal Bureau of Investigation.
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Former LMPD Officer Sentenced to 16 Years for Enticing Minors, Distribution, and Possession of Child PornRead the Press Release
LOUISVILLE, Ky. – United States District Judge David J. Hale has sentenced Kenneth R. Betts to 16 years’ imprisonment, followed by 20 years of Supervised Release, after he pleaded guilty in December of 2018 to enticement, attempted enticement, possession of child pornography, transfer of obscene materials to a minor, and distribution of child pornography, announced United States Attorney Russell Coleman. The Court ordered Betts to pay a $5,000.00 special assessment under the Justice for Victims of Trafficking Act of 2015. And, an Agreed Order of Restitution in the amount of $20,000.00 will be entered with regard to John Doe 1.
“We know all too well that LMPD officers place their lives at jeopardy daily to protect our kids,” stated U.S. Attorney Russell Coleman. “Mr. Betts’ foul conduct tarnished his badge and earned him over a decade and a half in federal prison with no parole.”
Kenneth R. Betts, 34, of Shelbyville, Kentucky, was charged in an Indictment returned by a federal Grand Jury on November 7, 2018, with one count of distribution of child pornography, one count of possession of child pornography, three counts of enticement of individuals under the age of 18 years to engage in sexual activity, one count of transfer of obscene materials to an individual under the age of 16, and one count of attempted enticement of an individual under the age of 18. All of his criminal conduct occurred in Jefferson County, Kentucky.
According to the Plea Agreement, in or about and between February 2006 and February 2008, Betts communicated with an individual (John Doe 1), who had not attained the age of eighteen years. Betts communicated with John Doe 1 via Facebook and other social media. During those communications, Betts knowingly persuaded, induced, and enticed John Doe 1 to engage in sexual activity, including sharing sexually explicit images with Betts. The resending of such images is sexual activity that constitutes a criminal offense.
On or about May 14, 2014, Betts knowingly distributed child pornography. He sent two of the images referenced above to John Doe 1. Betts transmitted the images to John Doe 1 using Facebook.
Law enforcement officials executed a state search warrant on Betts’ residence on October 13, 2016. Among other things, they seized digital devices – including an external hard drive. Forensic examination of the digital devices revealed Betts’ possession of child pornography. Namely, he possessed the four images he originally requested and received from John Doe 1.
John Doe 2 (Counts 4 and 5). On or about and between May 2010 and May 2014, Betts communicated via the Internet with an individual (John Doe 2), who had not attained the age of eighteen years. The two met and became acquainted through the LMPD Explorers Program. Betts communicated with John Doe 2 via Facebook and other social media platforms. During those communications, Betts knowingly persuaded, induced, and enticed John Doe 2 to engage in sexual activity. The sexual activities included a one-time in-person sexual encounter involving oral sex between Betts and John Doe 2 and repeated requests for sexually explicit images to be shared with Betts. The oral sex and requests for photos are activities for which a person may be prosecuted for a criminal offense.
From May 2010 through May 2012, Betts used a facility and means of interstate commerce to send pictures of himself to John Doe 2. During that time period, Betts knew John Doe 2 had not attained the age of 16 years.
Jane Doe 1 (Count 6) On or about and between June 2013 and July 2013, Betts used a facility and means of interstate commerce, that is, a cellular telephone and its text messaging feature, to communicate with Jane Doe 1. At that point in time, Jane Doe 1 was 16. The two met and became acquainted through the LMPD Explorers Program. During the communications, Betts asked Jane Doe 1 to meet for sexual activity. He also asked Jane Doe 1 for sexually explicit photos, which Jane Doe 1 provided to him. The photos Jane Doe 1 provided constituted a violation of Kentucky law. Law enforcement officials with LMPD observed the images as well as the receipt of those images by Betts. However, the images were destroyed during the initial investigation.
John Doe 3 (Count 7) On or about and between September 2014 and November 2014, Betts used a facility and means of interstate commerce, that is, a cellular telephone, Facebook and SnapChat (a social media platform), to communicate with John Doe 3. At that point in time, John Doe 3 was 17. Betts and John Doe 3 had met and become acquainted through the LMPD Explorers Program. During the communications, Betts asked John Doe 3 to meet for sexual activity. He also asked John Doe 3 for sexually explicit photos. He attempted to persuade, induce, entice, or coerce John Doe 3 to engage in unlawful sexual activity. Betts sent John Doe 3 a photograph of himself wearing an LMPD uniform and in the company of a young woman during some of the communications encouraging a three-way. However, John Doe 3 refused to meet Betts for sexual activity or to send the requested sexually explicit images of himself.
Assistant United States Attorney Jo E. Lawless prosecuted the case, and it was investigated by the Federal Bureau of Investigation (FBI) and the Louisville Metro Police Department’s Public Integrity Unit.
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This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc For more information about internet safety education, please visit www.usdoj.gov/psc and click on the tab "resources."
Dangerous Louisville Felon with Gang Ties Sentenced 20 Years for Armed Drug DistributionRead the Press Release
LOUISVILLE, Ky. – United States District Court Judge Rebecca G. Jennings sentenced Jamar Garrison, 33, of Louisville, Kentucky, to 20 years of federal imprisonment followed by 6 years of supervised release for possession of heroin with the intent to distribute, and possession of a handgun by a convicted felon. There is no parole in the federal system.
“This case sets the bar for what law enforcement collaboration can look like in Louisville,” stated U.S. Attorney Russell Coleman. “What started as a vehicle stop by intrepid LMPD officers resulted in a trigger-puller doing hard time in federal prison.”
Garrison was convicted on July 27, 2018 in United States District Court on charges of possession of heroin with the intent to distribute, possession of a firearm in furtherance of a drug trafficking crime, and possession of a handgun by a convicted felon. Garrison had been released on bond for state drug trafficking charges when he was arrested after being found in possession of a loaded semiautomatic handgun, a mixture of heroin and fentanyl packaged for sale, several thousand dollars cash, and assorted other narcotics. The follow-up investigation revealed that while released on bond on multiple pending felony drug indictments in Jefferson Circuit Court, Garrison used vehicles rented in the names of third parties in order to transport and traffic in heroin all over Louisville.
According to a sentencing memo, Garrison is a 27 time convicted felon with prior convictions for drug trafficking, robbery, felony assault, identity theft, wanton endangerment, wanton endangerment of a police officer, felony fleeing and evading, and assorted other felony and misdemeanor crimes. He was arrested five times in 2017 while on felony bond for drug trafficking. Garrison has also been convicted for 16 misdemeanor offenses. At age 22, Garrison was convicted in connection with an organized crime prosecution targeting the Victory Park Hustlers/Victory Park Crips. As part of his involvement with the Crips, Garrison was convicted of facilitation to assault 1st degree (a shooting with serious injury), facilitation to robbery 2nd degree, facilitation of criminal syndication, and two separate counts of drug trafficking, among other offenses.
This case was prosecuted by Assistant United States Attorneys Erin McKenzie and Marisa J. Ford, and was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) and the Louisville Metro Police Department, with assistance from the Louisville Metro Intelligence Task Force (LMINTEL).
The U.S. Attorney’s Office is partnering with federal, state, and local law enforcement to specifically identify criminals responsible for significant violent crime in the Western District of Kentucky. A centerpiece of this effort is Project Safe Neighborhoods, a program that brings together all levels of law enforcement to reduce violent crime and make neighborhoods safer for everyone.
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Benton Pharmacist Sentenced for Theft of Drugs, Carrying Firearm in Kentucky and Idaho Under Domestic Violence OrderRead the Press Release
PADUCAH, Ky. – United States District Court Senior Judge Thomas B. Russell sentenced Kyle W. Humphrey to two years imprisonment followed by three years of supervised release for stealing pre-retail prescription medications, mislabeling prescription medication in order to defraud or mislead, and wrongful use of health information; the defendant was also a prohibited person in possession of a firearm, announced United States Attorney Russell Coleman. Humphrey was also ordered to pay restitution of $21,216.94 to the three victim pharmacies in Kentucky, Illinois, and Idaho.
“Western Kentucky families and patients are safer today because of this outcome,” stated U.S. Attorney Russell Coleman. “I am grateful for the professionalism and mission-focus of the FDA, Calloway County Sheriff’s Office, and ATF throughout this investigation and successful prosecution.”
“Healthcare professionals who disrupt the FDA-regulated supply chain for prescription drugs put the health of all consumers at risk,” said Special Agent in Charge Mark S. McCormack, FDA Office of Criminal Investigations, Metro Washington Field Office. “We will continue to investigate and bring to justice pharmacists and other healthcare professionals who abuse the trust of U.S. consumers and patients.”
Humphrey, 34, plead guilty to the charges on March 27, 2019.
According to a plea agreement, On August 9, 2017, the Calloway County Sheriff's Department executed a search warrant at Humphrey's residence, seizing various quantities of prescription-only restricted drugs (pre-retail medical products). Seized drugs include Eliquis® (apixaban); Strattera® (atomoxetine HCl);ProAir® HF A (albuterol sulfate); Farxiga® (dapagliflozin); Cefprozil; Tamiflu®; Duloxetine;Aripiprazole; Ergocalciferol; Levofloxacin; Bystolic® (nebivolol); Xarelto® (rivaroxaban); Clindamycin Palmitate HCL; Mylan® Norethindrone tablets; Camila® Norethindrone tablets; Testosterone Gel tubes; and Testosterone Cypionate. These substances are prescription medicines regulated under the Federal Food, Drug, and Cosmetic Act. Humphrey was at all relevant times a pharmacist working at various pharmacies in the area. He stole these drugs from the pharmacies and concealed them at his residence.
On or about April 9, 2017, Humphrey knowingly and unlawfully obtained the personally identifiable health information of "SC" by printing a duplicate prescription label containing the personally identifiable health information of "SC" in furtherance of his duplicate label scheme. After printing this duplicate label, Humphrey affixed this duplicate label to an amber-colored prescription bottle and proceeded to fill this bottle with allopurinol stolen from his employer, Walmart. This conduct was done for personal gain. Sometime after filling this prescription bottle with stolen allopurinol, Humphrey removed a portion of the duplicate label so as to conceal his crime. This conduct caused the allopurinol bottle to be misbranded because the labeling on that prescription bottle was false or misleading. This dispensing was done with the intent to defraud Walmart.
The Benton Walmart pharmacy dispensing logs covering December 2016 and April 2017 indicate that Humphrey was working at the Benton Walmart on December 29, 2016 (the date a prescription was issued to "PB"). On July 17, 2017, HUMPHREY continued to maintain possession of the bottle, with intent to use it for personal gain. "PB" did not give any of her benzonatate to him nor did she ever give him a prescription bottle containing her personally identifiable medical information, nor did she give him permission to possess her personally identifiable medical information outside the scope of his employment.
On August 17, 2017, the Calloway County Family Court issued a Domestic Violence Order restraining Humphrey from further contact with M.R. The Order issued after a hearing of which he received actual notice, and at which he had an opportunity to participate, restraining him from harassing, stalking, or threatening an intimate partner, and that by its terms explicitly prohibited the use, attempted use or threatened use of physical force against such intimate partner that would reasonably be expected to cause bodily injury. On January 2, 2018, when Humphrey was subject to the Order, the Calloway County Sheriff’s Office arrested Humphrey for violation of the order, at which time he was in possession of a Sig Sauer 9 mm handgun.
On August 20, 2018, the District Court of the First Judicial District of the State of Idaho issued an Order restraining Humphrey from further contact with H.B. The Order issued after a hearing of which he received actual notice, and at which he had an opportunity to participate, restraining him from harassing, stalking, or threatening an intimate partner, and that by its terms explicitly prohibited the use, attempted use or threatened use of physical force against such intimate partner that would reasonably be expected to cause bodily injury. On September 18, 2018, when Humphrey was subject to the Order, federal authorities arrested Humphrey, at which time he was in possession of a Glock 23 .40 caliber pistol.
The case was prosecuted by Assistant United States Attorney Madison Sewell. The Food and Drug Administration Office of Criminal Investigations led the investigation with assistance from Calloway County Sherriff’s Department, and the Kentucky Board of Pharmacy. The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) also assisted in the investigation.
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20 More Defendants Indicted in Latest Federal Surge to Reduce Violent Crime in LouisvilleRead the Press Release
LOUISVILLE, Ky. – United States Attorney Russell Coleman is marshalling federal resources in concert with state and local law enforcement partners to take violent offenders off the streets of Louisville; today he announced a federal grand jury seated in Louisville indicted 20 defendants with numerous counts of firearms violations.
This month’s federal indictments are in addition to the previous two rounds of 2019 indictments against Project Safe Neighborhoods (PSN) defendants, totaling 71 total PSN defendants this calendar year. Since the PSN surges began in Louisville in 2018 the United States Attorney’s Office has indicted 181 defendants. The charges continue to develop this year through an ongoing partnership between the Louisville Metropolitan Police Department (LMPD), the Bureau of Alcohol Tobacco & Firearms (ATF), the Office of Thomas B. Wine, Jefferson County Commonwealth’s Attorney, and multiple other law enforcement partners to maximize penalties against the most violent repeat offenders as part of the Department of Justice’s PSN initiative.
“Violent trigger pullers must be removed from the streets of our city and Commonwealth,” said U.S. Attorney Russell Coleman. “These surges evidence a sense of urgency among law enforcement at all levels to do just that. Stay tuned; more to come.”
Defendants charged in the latest surge have previously been found guilty of numerous violent and drug crimes including: heroin trafficking, domestic violence, trafficking methamphetamine, robbery, possession of an unregistered machinegun, aggravated sexual battery, abduction, and failure to register as a sex offender.
If convicted at trial, the maximum sentence for unlawfully possessing a firearm is no more than ten years in prison, a $250,000 fine, and three years of supervised release. If that firearm is possessed or used in furtherance of a drug trafficking crime, a defendant faces a mandatory minimum five years in prison in addition to the sentence received for the underlying charges, and could receive up to life in prison.
These cases are being prosecuted by Assistant United States Attorneys Ann Marie Blaylock, Tom Dyke, Larry Fentress, Alicia Gomez, Randy Ream, Erin McKenzie, Mac Shannon, David Weiser, Stephanie Zimdahl and Special Assistant United States Attorney Ebert Haegele Assistant Jefferson County Commonwealth’s Attorney with assistance from Laura Stinson, Western District of Kentucky Grand Jury Coordinator.
The cases are being investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), Louisville Metro Police Department, the United States Postal Inspection Service, and the United States Drug Enforcement Administration (DEA). The U.S. Attorney’s Office is partnering with federal, state, and local law enforcement to specifically identify criminals responsible for significant violent crime in the Western District of Kentucky. A centerpiece of this effort is Project Safe Neighborhoods, a program that brings together all levels of law enforcement to reduce violent crime and make neighborhoods safer for everyone. Today’s indictments are part of the Project Safe Neighborhoods Initiative in the Western District of Kentucky.
The indictment of a person by a Grand Jury is an accusation only and that person is presumed innocent until and unless proven guilty.
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Franklin Police Officer Pleads Guilty in Federal CourtRead the Press Release
BOWLING GREEN, Ky. – A Franklin Police Department officer has waived Indictment and pleaded guilty in federal court to a felony Information charging her with conspiracy to obstruct an official proceeding, announced United States Attorney Russell Coleman.
According to a plea agreement, Vickie M. Kristiansen, age 43, of Franklin, Kentucky, participated in a local drug task force while employed with the Franklin Police Department. During the course of Kristiansen’s work, she became aware of a federal investigation into “Dr. John Doe” for unlawful prescription of controlled substances in the course of his medical practice. The defendant also became aware of steps that were being taken in the investigation.
Around February 2013, Kristiansen met with Dr. Doe and told him he was being investigated for the purpose of helping Dr. Doe avoid being charged federally. She informed him the investigators would send undercover agents to attempt to obtain controlled substances from Dr. Doe, and advised Dr. Doe not to accept any new patients. Kristiansen told Dr. Doe he should shred documents and avoid putting his trash out on the curb until trash day, to avoid law enforcement trash pulls. She promised to inform Dr. Doe if she learned “something major” was going to happen concerning the investigation. The defendant emphasized the importance of the secrecy of their conversation, stating she could lose her job for tipping off Dr. Doe. After this conversation, Kristiansen continued to participate in the investigation of Dr. Doe, which included unsuccessful attempts at sending undercover officers to make purchases from Dr. Doe and eventual seizure of documents. Kristiansen concealed her conversation with Dr. Doe. One of the primary objectives of the conspiracy was thwarted when Dr. Doe was federally charged in November 2015.
Assistant United States Attorney Amanda Gregory is prosecuting the case, and the Federal Bureau of Investigation conducted the investigation.
Bank Robber Sentenced to 63 MonthsRead the Press Release
BOWLING GREEN, Ky. – United States District Judge Greg Stivers has sentenced James W. Gray II to 63 months imprisonment, followed by 3 years of supervised release, and restitution of $13,326, for three bank robberies committed in Kentucky and Colorado, announced United States Attorney Russell Coleman.
According to a plea agreement, on July 17, 2017, Gray robbed the U.S. Bank located at 910 South Main Street, Franklin, Kentucky, taking $5,549.
Gray also pleaded guilty to robbing the TBK Bank located in Keenesburg, Colorado taking $1,716 on July 24, 2017. Three days later on July 27, 2017, Gray robbed the Bank of the West in Lyons, Colorado taking $6,061.
Assistant United States Attorney David Weiser prosecuted the case which was investigated by the Federal Bureau of Investigation, U.S. Marshals Service, and the Franklin, Kentucky Police Department.
Former LMPD Officer Sentenced to 70 Months for Attempted EnticementRead the Press Release
LOUISVILLE, Ky. – United States District Judge David J. Hale sentenced Louisville Metro Police Officer Brandon Wood to 70 months in prison, followed by 10 years’ supervised release, after he pled guilty in January to attempted enticement, announced United States Attorney Russell Coleman.
“Our most basic duty in law enforcement is to protect kids. Those that abandon this core responsibility, have and will face prosecution and ultimately federal prison,” stated U.S. Attorney Russell Coleman.
According to the Plea Agreement, between 2011 and 2012, Wood attempted to entice John Doe 1, who had not reached 18 years of age, to engage in sexual activity. Wood met Doe through the LMPD Explorer Program during a camp held in Bullitt County – where Wood was a counselor and sworn LMPD officer. Wood used social media to contact John Doe 1 after the camp. Those communications resulted in an attempt to entice the minor to engage in sexual activity.
Wood remains in federal custody.
Assistant United States Attorney Jo E. Lawless prosecuted the case. The Federal Bureau of Investigation (FBI) and the Louisville Metro Police Department’s Public Integrity Unit conducted the investigation.
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This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims
Providence Kentucky Woman Pleads Guilty to Distributing & Receiving Child PornRead the Press Release
OWENSBORO, Ky. – A Providence, Kentucky, woman has pleaded guilty before United States District Judge Joseph McKinley Jr. for distributing and receiving child pornography, announced United States Attorney Russell M. Coleman.
According to the plea agreement on September 25, 2017, Lucia C. Jenkins, age 50, in Webster County, Kentucky, and elsewhere, knowingly distributed and received child pornography. A federal Grand Jury sitting in Owensboro indicted Jenkins on three charges on July 11, 2018.
Jenkins faces a statutory mandatory minimum term of imprisonment of 5 years and supervised release of at least 5 years and up to any number of years, including life. There is no parole in the federal system.
The case is being prosecuted by Assistant United States Attorney Seth Hancock, the chief of the Paducah, Kentucky branch office, and was investigated by Homeland Security Investigations and the Kentucky State Police.
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This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc. For more information about internet safety education, please visit www.usdoj.gov/psc and click on the tab "resources."
Marion, Kentucky Man Pleads Guilty to Distributing & Receiving Child PornRead the Press Release
OWENSBORO, Ky. – A Marion, Kentucky, man has pleaded guilty before United States District Judge Joseph McKinley Jr. for distributing and receiving child pornography, announced United States Attorney Russell M. Coleman.
According to the plea agreement, on September 25, 2017, Edward L. Walton, age 31, in Webster County, Kentucky, and elsewhere, knowingly distributed and received child pornography. A federal Grand Jury sitting in Owensboro indicted Walton on the two charges on June 13, 2018.
Walton faces a statutory mandatory minimum term of imprisonment of 5 years and supervised release of at least 5 years and up to any number of years, including life.
The case is being prosecuted by Assistant United States Attorney Seth Hancock, the chief of the Paducah, Kentucky branch office, and was investigated by Homeland Security Investigations and the Kentucky State Police.
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This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc. For more information about internet safety education, please visit www.usdoj.gov/psc and click on the tab "resources."
Kentucky Correctional Officer Pleads Guilty to Beating Handcuffed and Compliant InmateRead the Press Release
Devan Edwards, 22, a former correctional officer at the Louisville Metro Department of Corrections, one of three officers charged last week in connection with the beating of a handcuffed and compliant inmate, pleaded guilty today, announced Assistant Attorney General Eric Dreiband for the Department of Justice’s Civil Rights Division, U.S. Attorney Russell Coleman for the Western District of Kentucky, and FBI Louisville Special Agent in Charge James Robert Brown Jr.
In open court today, Edwards admitted that he and another officer removed an inmate from his cell, handcuffed him, and took him to a holding cell outside the view of surveillance cameras. In the holding cell, while the inmate was seated, handcuffed, and not resisting, the other officer grabbed the inmate by the neck with his right hand and began to strangle him. The inmate struggled to breathe. After the other officer released his grip on the inmate’s neck, the other officer and Edwards punched the inmate repeatedly in the head until a third officer intervened. After the incident, at his supervisor’s direction, Edwards wrote and filed a use-of-force report that exaggerated the inmate’s initial non-compliance and omitted any mention of the beating.
“Correctional officers who abuse their power and harm inmates violate our civil rights laws, said Assistant Attorney General Eric Dreiband. “This type of abuse towards inmates will not be tolerated by the Department of Justice.”
“The rule of law is only upheld in our Commonwealth when all Kentuckians are held to the same standard regardless of position,” stated U.S. Attorney Russell Coleman.
“Today’s guilty plea should send a clear message that the FBI and the Department of Justice will not tolerate the abuse of power or victimization of citizens by anyone in law enforcement,” said Special Agent in Charge Robert Brown Jr. “The Kentucky Public Corruption and Civil Rights Task Force was set up to insure the integrity of our criminal justice system for all citizens. The Task Force will vigorously investigate these kinds of cases, and those who violate the public's trust will be held accountable.”
Edwards faces a maximum penalty of 10 years in prison and a $250,000 fine.
This case was investigated jointly by the FBI’s Louisville Resident Agency Office and by the Louisville Metro Police Department’s Public Integrity Unit. It is being prosecuted by Trial Attorney Christopher J. Perras of the Department of Justice’s Civil Rights Division, and Assistant United States Attorney Amanda Gregory of the Western District of Kentucky.
Kentucky Correctional Officers Charged with Beating Handcuffed Inmate and Attempting to Cover up MisconductRead the Press Release
David M. Schwartz, 48, and Donna K. Gentry, 55, former correctional officers at the Louisville Metro Department of Corrections, were indicted today by a federal grand jury in Louisville on charges of violating the civil rights of an inmate, writing false reports, and obstructing justice for their roles in the assault of an inmate who was handcuffed and not resisting, and in the attempt to cover up the misconduct afterward by writing false reports and tampering with witnesses. A third officer, Devan Edwards, was charged by information today with a federal felony offense for his role in the assault. Today’s indictment was announced by Assistant Attorney General Eric Dreiband for the Department of Justice’s Civil Rights Division, U.S. Attorney Russell Coleman for the Western District of Kentucky, and FBI Louisville Special Agent in Charge James Robert Brown Jr.
The indictment charges three felony offenses against Schwartz and one felony offense against Gentry. Schwartz is charged with depriving the inmate of his right to be free from excessive force (resulting in bodily injury), and with filing two false reports, one of which wrongfully accused the inmate of assaulting on an officer. Gentry is charged with obstructing justice by filing a false use of force report, and by directing a subordinate officer to file a false use of force report.
The maximum penalties for the charged crimes are 10 years of imprisonment for the deprivation-of-rights offense and 20 years of imprisonment for each of the false report and obstruction offenses.
An indictment is merely an accusation and the defendants are presumed innocent unless proven guilty.
This case was investigated jointly by the FBI’s Louisville Resident Agency Office and by the Louisville Metro Police Department’s Public Integrity Unit. The case will be prosecuted by Trial Attorney Christopher J. Perras of the Department of Justice’s Civil Rights Division, and Assistant United States Attorney Amanda Gregory of the Western District of Kentucky.
Smiths Grove Businessman Pleads Guilty to Bank FraudRead the Press Release
LOUISVILLE, Ky. – Michael Todd Barrick, aka Kentuckyana Jones, age 56, of Smiths Grove, Kentucky, pleaded guilty to five counts of bank fraud on Monday in United States District Court in Louisville, announced United States Attorney Russell M. Coleman. Barrick also stipulated to a loss of over $1.4 million. Barrick’s codefendants, Roger Hagan, Lorri Hughes, and Garry Hammer, all pleaded guilty in April.
According to Barrick’s plea agreement and other documents filed in the case, in 2007 Barrick and his co-defendant, Roger Hagan, agreed that Hagan would purchase property at 302 Laurel Street in Smiths Grove from Barrick for $575,000, but Barrick would make all loan payments and keep all rental income. Hagan did not have sufficient assets and income to qualify for the loan, but at Barrick’s direction Hagan submitted a fraudulent financial statement to American Bank & Trust (AB&T) that substantially overstated Hagan’s assets and income. Based on these fraudulent representations, AB&T approved Hagan for the loan. Barrick paid Hagan’s $118,977.50 loan down payment, and gave Hagan $21,422.50 as payment for participating in the transaction. The loan went into default in November 2010.
In 2008, Hagan entered a similar agreement with Barrick to purchase 708 Kelly Road in Bowling Green for $300,000. At Barrick’s direction, Hagan again submitted a fraudulent financial statement to PBI Bank. Based on these fraudulent representations, PBI approved Hagan for the loan. After the loan closed Barrick paid Hagan $6,534 for participating in the transaction, and the loan went into default in March 2010.
In 2011, Barrick recruited co-defendant Lorri Hughes to purchase a Wholesale Mattress Warehouse (WMW) from Barrick for $179,000. The WMW was purportedly located at 1700 N. Dixie Highway in Louisville, but in reality a McDonalds restaurant operated at that address, and had been there for many years. At Barrick’s direction, Hughes submitted a fraudulent financial statement to Monticello Bank that substantially overstated her income and assets. Based on these fraudulent representations, Monticello Bank approved the loan, and after the loan closed Barrick paid Hughes $20,000 for participating in the transaction. The loan went into default in February 2012.
In 2010, Barrick recruited T.P. to purchase Som’ Beach Tanning (SBT), a business located at 140 River Place Avenue in Bowling Green, from Barrick. At Barrick’s direction, T.P. submitted a fraudulent financial statement to Monticello Bank that substantially overstated his assets. The loan was supposed to be collateralized by SBT’s equipment, but Barrick had already used that equipment as collateral in a separate December 2009 loan from BB&T Bank, and that BB&T loan was not satisfied. Based on these fraudulent representations, co-defendant Garry Hammer, a Monticello Bank loan officer, approved the loan, and after the loan closed Barrick paid T.P. $5,000 for participating in the transaction, but Barrick never surrendered control of the business.
In late 2010, Barrick recruited R.R. to purchase a Mattress City Wholesale (MCW) from Barrick for $179,880. Under the terms of their agreement, R.R. would own the business on paper and would receive a small percentage of profits, but Barrick would pay the taxes, insurance, and all loan payments, and would receive the majority of profits. The paperwork Barrick submitted reflected that the MCW was located at 2201 Gallatin Road in Madison, Tennessee. In reality, a PetSmart was located at that address, and had been there for many years. Based on these fraudulent representations, Monticello Bank, through co-defendant Garry Hammer, approved the loan. After the loan closed, Barrick paid R.R. $30,000 for participating in the transaction, and used a significant portion of the remaining proceeds to pay off T.P.’s SBT loan. The R.R. loan went into default in February 2012.
Barrick is scheduled to be sentenced by United States District Court Judge Joseph McKinley in Bowling Green on August 15, 2019, at 9:30 a.m., and faces a statutory maximum penalty of 150 years in prison. Roger Hagan, Lorri Hughes and Garry Hammer are all scheduled to be sentenced in Bowling Green on July 9, 2019.
This case is being prosecuted by Assistant United States Attorneys David Weiser and Josh Judd and was investigated by the Federal Deposit Insurance Corporation (FDIC) and the FBI.
Kentucky Deputy Jailer Convicted of Assaulting InmateRead the Press Release
A federal jury in Paducah, Kentucky, convicted a deputy jailer at the Fulton County Detention Center of violating the civil rights of an inmate by assaulting him with a dangerous weapon. The jury convicted James Eakes, 54, of willfully depriving an inmate of the right to be free from cruel and unusual punishment. According to evidence and testimony, Eakes repeatedly tased inmate L.B. after L.B. cursed at him.
“The Department of Justice does not tolerate any physical abuse of inmates, especially by a correctional officer entrusted to their care,” said Assistant Attorney General Eric Dreiband. “The Civil Rights Division will continue to uphold the Constitution and obtain justice for the victims of civil rights abuses.”
“The rule of law applies equally to all persons in our Commonwealth,” said U.S. Attorney Russell Coleman. “And we will enforce the law without regard to position or office held.”
The evidence and testimony revealed that Eakes was first called to L.B.’s cell because L.B. told guards he was suicidal. As required by the jail’s procedures, Eakes and two other female deputy jailers then removed all of L.B.’s possessions from his cell and made L.B. strip naked. Eakes left the cell and closed the door, which automatically locked, leaving L.B. in his cell with only an anti-suicide garment.
The evidence and testimony showed that, after he was locked in his cell, L.B. cursed at Eakes from behind the cell door. Eakes then ordered that the door be unlocked, removed his Taser from his holster, opened the door, and immediately shot L.B. with his Taser. Eakes then entered L.B.’s cell, and, while activating the Taser, repeatedly yelled at L.B. not to curse at him again. Despite the fact that L.B. took no aggressive action towards Eakes and remained slumped against the cell wall, Eakes tased L.B. two additional times.
Eakes faces a maximum term of imprisonment of 10 years. Sentencing has been scheduled for Aug. 30.
The FBI conducted the investigation. Assistant United States Attorney Madison Sewell of the Western District of Kentucky and Trial Attorney Zachary Dembo of the Civil Rights Division prosecuted the case. Trial Attorney Sanjay Patel of the Civil Rights Division also assisted in the investigation.
Grayson Co. Man Sentenced to 50 Years for Production, Distribution and Possession of Child PornRead the Press Release
LOUISVILLE, Ky. – United States District Judge Joseph H. McKinley sentenced James D. Armes to 50 years of imprisonment on Friday, and a lifetime of supervised release, for multiple counts of production and distribution of child pornography, and possession of child pornography, announced United States Attorney Russell M. Coleman.
“The basic duty of government is to protect our kids, in this this case prosecuting a clear threat and sending him to federal prison for five decades,” said U.S. Attorney Russell Coleman.
Armes, 37, of Millwood, Kentucky, in Grayson County, was indicted on five counts of production of child pornography, two counts of distribution of child pornography, and one count of possession of child pornography on May 9, 2018. On December 10, 2018, Armes admitted before the Court his guilt on all counts.
According to a Sentencing Memo, on or about October 16, 2017, and November 28, 2017, Armes used his cellular phone to create numerous images and videos of the sexual exploitation of two children. Armes made sexual contact with Jane Doe, a minor female less than 1-year old, numerous times. He also took several pictures of the genitals of John Doe, a minor male under 5 years old. Armes was 36-years old at the time of his criminal conduct. Because of a prior rape conviction he faced a mandatory minimum sentence of 25 years imprisonment.
This case was prosecuted by Assistant United States Attorney Spencer McKiness, and investigated by the Federal Bureau of Investigation and the Grayson County Sheriff’s Department.
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This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victim
Kentucky Woman Charged with Sex Trafficking Two VictimsRead the Press Release
An indictment was unsealed yesterday in the U.S. District Court for the Western District of Kentucky charging Cleoretta Allen, 41, of Louisville, Kentucky, with two counts of sex trafficking by force, fraud, or coercion and one count of interstate transportation for prostitution, announced Assistant Attorney General Eric Dreiband for the Department of Justice’s Civil Rights Division, U.S. Attorney Russell M. Coleman of the Western District of Kentucky, and Special Agent in Charge James Robert Brown Jr. of the FBI’s Louisville Division.
According to the indictment, between September 2017 and October 2017, the defendant used force, fraud, and coercion to cause two women to engage in commercial sex acts in Kentucky. The defendant also transported the two women from Kentucky to Georgia to engage in prostitution.
An indictment is merely an allegation, and the defendant is presumed innocent until proven guilty. If convicted of sex trafficking, the defendant faces a minimum sentence of 15 years in prison and a maximum sentence of life, as well as mandatory restitution and a $250,000 fine. The interstate transportation for prostitution charge carries a maximum sentence of 10 years in prison, as well as a $250,000 fine.
This case is being investigated by the FBI in Louisville, Kentucky, the Louisville Metro Police Department, and the Jefferson County Sheriff’s Office. The case is being prosecuted by Assistant U.S. Attorney Amanda E. Gregory of the Western District of Kentucky and Special Litigation Counsel William E. Nolan and Trial Attorney Kate Alexander of the Civil Rights Division’s Human Trafficking Prosecution Unit.
U.S. Department of Justice Remains Focused on Purchase and Pennyrile Regions with Addition of New ProsecutorRead the Press Release
PADUCAH, Ky. – United States Attorney Russell M. Coleman today announced the addition of Raymond Dykie McGee as a Special Assistant United States Attorney in the U.S. Attorney’s Paducah Branch Office, another example of the U.S. Department of Justice’s commitment to the Purchase and Pennyrile Regions.
“We are blessed as an office and federal law enforcement community to continue our longstanding relationship with the McCracken Commonwealth’s Attorney’s Office by adding Mr. McGee to our ranks,” said U.S. Attorney Russell Coleman. “I am committed to serving all 53 counties of our district, from Oldham County to our River Counties and his talent and experience is welcomed.”
Mr. McGee joins three full-time Assistant United States Attorneys and a legal assistant in the Paducah branch office, making it the most heavily-staffed since it was established in 2001. The addition of Mr. McGee will continue to strengthen working relationships with state prosecutors and local law enforcement agencies in the region while he continues to prosecute felony cases in state court as First Assistant Commonwealth’s Attorney for the 2nd Judicial Circuit (McCracken County).
The allocation of prosecutorial resources in the Paducah Branch Office is closely-tied to robust activity by the Bureau of Alcohol, Tobacco, and Firearms (ATF) and an increased federal law enforcement presence which includes the recent announcement by the U.S. Drug Enforcement Administration (DEA) of the first ever opening of an office in Paducah.
McGee joins Assistant United States Attorney Seth Hancock, Branch Chief of the Paducah Office and Assistant United States Attorneys Madison Sewell and Leigh Ann Dycus in prosecuting federal cases in United States District Courts located in Paducah, Owensboro, and Bowling Green.
Feds Charge Eight in Owensboro Surge Targeting Community ViolenceRead the Press Release
OWENSBORO, Ky. – United States Attorney Russell M. Coleman announced in an Owensboro press conference that a federal grand jury has returned eight felony indictments against individuals charging multiple counts including firearms violations, and the possession and distribution of drugs.
The charges are part of an ongoing promise from the feds to be better partners outside of the Louisville region, and are in direct response to escalating violence in the Owensboro region. According to Owensboro Police Department statistics from January 1, 2018 through December 31, 2018, patrol officers responded to 126 shots fired calls.
“As a guy who spent his early years in Thruston out near Yellow Creek, , I know what a wonderful community this is; federal law enforcement is committed to being active partners in helping to protect it,” said U.S. Attorney Russell Coleman. “These indictments are a result of the feds teaming with the Owensboro Police Department and Sheriff Cain to better protect Daviess County families from narcotics trafficking and armed felons. More to come.”
U.S. Attorney Coleman was joined in the announcement by Owensboro Police Department Chief Arthur Ealum, and ATF ASAC L.C. Cheeks, Jr. These charges were developed through partnerships with multiple law enforcement agencies.
“ATF strives to be ‘no better partner’ to law enforcement agencies,” stated ATF Assistant Special Agent in Charge L.C. Cheeks Jr., of the Louisville Field Division. “During the past months, this partnership investigated illegal sources of crime guns and persons who illegally possessed or used guns to commit violent crimes in the Owensboro area. Together, we aggressively pursued ‘traffickers and trigger pullers,’ making use of crime gun intelligence to disrupt the shooting cycle. These efforts support the Department of Justice’s Project Safe Neighborhoods in making our communities safer for everyone.”
“The Owensboro Police Department is committed to reducing gun violence in our community,” said Owensboro Police Department Chief Arthur Ealum. “We are pleased to partner with the ATF and the office of United States Attorney Russell M. Coleman to help make our commitment a reality. The efforts here today should serve as a warning to all those who wish to prey on the vulnerable members of our community by trafficking in narcotics, unlawfully possessing a firearm or otherwise committing acts of violence in this community.
The Owensboro Police Department will work tirelessly with our local, state and federal partners to identify, charge and prosecute those offenders who commit serious offenses while in possession of firearms,” Ealum continued. “It is our hope that the seriousness and the certainty of punishment will serve as a deterrent to those who wish to engage in disruptive criminal behavior in this community.”
The eight defendants charged in this surge include:
- Joseph L. Howell, age 32, of Owensboro, Kentucky, who is charged in a three count indictment with possession with intent to distribute methamphetamine; use of/carrying a Taurus, model 709 Slim, 9 millimeter semiautomatic pistol during and in relation to a drug trafficking crime; and being a felon in possession of a firearm. Howell was previously convicted of first degree trafficking in methamphetamine in 2015, and convicted of manufacturing methamphetamine and tampering with physical evidence (two counts), each a felony in 2012.
- Larry Andrew Barnett, age 31, of Owensboro, Kentucky, who is charged in a one count indictment of being a felon in possession of a firearm, a Marlin, Model T95, .22LR semiautomatic rifle. Barnett was previously convicted of Wanton Endangerment in the first degree, a felony, in 2018.
- Jeremy L. Morrow, age 27, of Owensboro, Kentucky, who is charged in a one count indictment of being a felon in possession of a firearm, a Hi-Point, Model C9, 9 millimeter semiautomatic pistol. Morrow was previously convicted of Second-Degree Robbery, a felony, in 2011.
- Christen Shane Stewart, age 30, of Owensboro, Kentucky, who is charged in a one count indictment of being a felon in possession of a firearm, a Smith & Wesson, Model Bodyguard 380, .380 caliber semiautomatic pistol. Stewart was previously convicted of Second-Degree Robbery, a felony, in 2010.
- Seth Aaron Fenwick, age 28, of Owensboro, Kentucky, who is charged in a one count indictment of being a felon in possession of a firearm, a Rohm, model RG10, .22 caliber revolver, bearing an obliterated serial number. Fenwick was previously convicted of Third-Degree Burglary and Theft by Unlawful Taking/Automobile, felonies, in 2009.
- Jonathan Robert Miller, age 24, of Owensboro, Kentucky, is charged in a one count indictment of being a felon in possession of a firearm, a Kimber, model Micro 9, 9 millimeter semiautomatic pistol. Miller was previously convicted of First Degree Wanton Endangerment, a felony, in 2017.
- Carl Dikeith Warren, age 33, of Owensboro, Kentucky, who is charged in a one count indictment of being a felon in possession of a firearm, an Israeli Weapons Industries, Inc., model Baby Desert Eagle II, Compact Polymer 9 millimeter semiautomatic pistol bearing an obliterated serial number. Warren was previously convicted of Wanton Endangerment, First-Degree, a felony, in 2008.
- Jeremy V. Denson, age 27, of Owensboro, Kentucky, is charged in a one count indictment of being a felon in possession of a firearm, a Taurus, model PT111 Millennium, 9 millimeter semiautomatic pistol. Denson was previously convicted of trafficking marijuana, a felony, in 2016.
If convicted at trial, the maximum sentence for unlawfully possessing a firearm is no more than ten years in prison, a $250,000 fine, and three years of supervised release. If that firearm is possessed or used in furtherance of a drug trafficking crime, a defendant faces a mandatory minimum five years in prison in addition to the sentence received for the underlying charges, and could receive up to life in prison.
These cases are being prosecuted by Assistant United States Attorneys Seth Hancock, Leigh Ann Dycus and Madison Sewell, and were investigated by the Owensboro Police Department, Daviess County Sheriff’s Office, and the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF).
The U.S. Attorney’s Office is partnering with federal, state, and local law enforcement to specifically identify criminals responsible for significant violent crime in the Western District of Kentucky. A centerpiece of this effort is Project Safe Neighborhoods, a program that brings together all levels of law enforcement to reduce violent crime and make neighborhoods safer for everyone. Today’s announced indictments are part of the Project Safe Neighborhoods Initiative in the Western District of Kentucky.
The indictment of a person by a Grand Jury is an accusation only and that person is presumed innocent until and unless proven guilty.
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- Joseph L. Howell, age 32, of Owensboro, Kentucky, who is charged in a three count indictment with possession with intent to distribute methamphetamine; use of/carrying a Taurus, model 709 Slim, 9 millimeter semiautomatic pistol during and in relation to a drug trafficking crime; and being a felon in possession of a firearm. Howell was previously convicted of first degree trafficking in methamphetamine in 2015, and convicted of manufacturing methamphetamine and tampering with physical evidence (two counts), each a felony in 2012.
Feds Charge Two in Connection to Hopkinsville CarjackingRead the Press Release
PADUCAH, Ky. – Two Clarksville, Tennessee men have been charged by a federal Grand Jury this week in a five count indictment tied to a February 18, 2019, carjacking, announced United States Attorney Russell M. Coleman.
“Violent crimes such as this armed carjacking and shooting of a peace officer, which is being dealt with in state court, will not be tolerated in our Commonwealth,” said U.S. Attorney Russell Coleman. “My thanks to the fine men and women of Kentucky law enforcement who risk their lives daily to protect our families.”
According to the five count indictment, returned on Tuesday, April 9, 2019, Keith A. Kuzyk and Anthony J. Johnson have both been charged with carjacking a 2011 Chevrolet Tahoe on February 18, 2019 in Christian County, Kentucky.
The Grand Jury also charged Kuzyk with the use, carry and discharge of a Bersa, model Thunder 380 Plus, .380 AUTO semiautomatic pistol, during the carjacking. Johnson is also charged with the use, carry and brandish of a Spike’s Tactical, model ST15, multi (5.56 millimeter/.223) semiautomatic rifle, during and in relation to a crime of violence.
Kuzyk faces two additional charges; both for being a felon in possession of a firearm. The Clarksville, TN, man, was previously convicted of Aggravated Assault and Evading Arrest, Theft over $1,000, and First Degree Possession of a Controlled Substance (methamphetamine); all felonies.
The charge of carjacking carries a term of imprisonment of no more than 15 years; the use, carry and discharge of a firearm in relation to a crime of violence carries a term of imprisonment of no less than 10 years and no more than life; the use carry and brandish of a firearm in relation to a crime of violence carries a term of imprisonment of no less than 7 years and no more than life; being a felon in possession of a firearm carries a term of imprisonment of no more than 10 years unless there are three qualifying convictions, in that case the penalty is a mandatory minimum 15 years and no more than life in prison.
This case is being prosecuted by Assistant United States Attorney Seth Hancock, and is being investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF); Federal Bureau of Investigation (FBI); Kentucky State Police; Hopkinsville Police Department; Christian County Sheriff’s Office; Hopkinsville/Christian County Violent Crime Task Force; Clarksville Police Department; and Montgomery County Sheriff’s Office.
The indictment of a person by a Grand Jury is an accusation
only and that person is presumed innocent until and unless
proven guilty.Federal collaboration produced real time results, 360 month sentence for production, transportation & possession of child pornRead the Press Release
LOUISVILLE, Ky. – United States District Judge Rebecca Grady Jennings has sentenced Andrew Paul Schmidt to 360 months, followed by lifetime of supervised release, after he pleaded guilty in October 2018 to five counts of production of child pornography by a parent, 10 counts of transportation of child pornography, and one count of possession of child pornography, announced United States Attorney Russell M. Coleman.
"This just punishment for human nature at its worst, and it’s a result of law enforcement at its best,” said U.S. Attorney Russell Coleman. “Potential jurisdictional and bureaucratic obstacles all evaporated when an imminent risk to a child appeared. I’m grateful for the professionalism and dedication to duty of FBI Special Agents Mark Coleman and Stephen Keary and prosecutors Josh Judd and Greta Ellis in this successful effort to protect our kids.”
“We have no greater duty than to protect the most vulnerable among us – our children,” said FBI Louisville Special Agent in Charge James Robert Brown, Jr. “Those who wish to harm our children and think they are acting anonymously on the Internet are simply wrong. I can assure you, the FBI and our law enforcement partners will relentlessly pursue those who produce, distribute, and possess child pornography, and they will be held accountable.
The investigation, arrest, and prosecution of Schmidt is demonstrative of the close working relationship between the Federal Bureau of Investigation (FBI), the U.S. Army Criminal Investigation Division (CID), and the United States Attorney’s Office (USAO).
According to the evidence before the Court, on December 4, 2017, Schmidt utilized KiK messenger to communicate with an individual online, which unbeknownst to Schmidt, was an undercover employee of Federal Bureau of Investigation (FBI). During the course of the online conversation, Schmidt sent the undercover employee pornographic images of a family member, and discussed the sexual activity he had and wished to perpetrate on her.
An examination of Schmidt’s cell phone revealed pornographic images of an 11-month-old baby, produced by Schmidt. Images of Schmidt’s daughter were also found to have been sent by him to another KiK user. Several other pornographic images not produced by Schmidt were also found on his phone.
A federal grand jury indicted Schmidt on six counts on December 20, 2017, and returned a superseding indictment with additional charges on March 21, 2018. Schmidt pleaded guilty to all charges on October 4, 2018.
Assistant United States Attorney Joshua Judd and United States Army Captain Greta M. Ellis, Special Assistant United States Attorney, prosecuted the case. The FBI conducted the investigation, with assistance from the U.S. Army CID.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims.
Former Greensburg Attorney Sentenced to 8 Years, Ordered to Pay More Than $1 Million in RestitutionRead the Press Release
BOWLING GREEN, Ky. – United States District Court Chief Judge Greg N. Stivers sentenced, Campbellsville, Kentucky, attorney, Danny Butler, to 8 years in federal prison followed by 2 years of supervised release, and ordered to pay $1,293,072.84 in restitution for a scheme to obtain money from clients of his legal practice, by means of misappropriating funds, in order to pay personal expenses including gambling losses, announced United States Attorney Russell M. Coleman. There is no parole in the federal system.
“Lawyers have a solemn duty to protect their clients’ interests and at a minimum, be trustworthy,” stated U.S. Attorney Russell Coleman. “Danny Butler abandoned these principles and will pay a steep price.”
Butler was indicted on November 15, 2017. According to a sentencing memo before the Court, from August 2009 through October 2016, Butler used his position as an attorney to steal funds from his clients causing a loss of over $1.2 million dollars to his client victims who were a combination of estate and general civil law practice clients.
During the period of the theft, Butler incurred approximately $1.5 million in gambling losses. Butler used the stolen money to fund his gambling habits as well as to fund payments to other clients in a “Ponzi” type fashion. Butler used the theft from his clients to fund an extravagant lifestyle.
Butler misappropriated funds from the following clients:
- Approximately $148,106 from the estate of L.A.;
- Approximately $29,987.07 from the estate of L.P.;
- Approximately $401,500 from the representation of B.M.;
- Approximately $50,000 from the representation of D.M.;
- Approximately $50,000 from the estate of D.B.;
- Approximately $90,000 from the representation of J.R.B.;
- Approximately $90,000 from the estate of E.U.;
- Approximately $25,000 from the estate of E.M.;
- Approximately $59,000 from the representation of J.W.S.;
- Approximately $25,000 for the representation of E.S.; and
- Approximately $125,000 from the estate of L.P.M.
This case was prosecuted by Assistant United States Attorneys Bryan Calhoun and Nicole Elver, and was investigated by the Federal Bureau of Investigation (FBI).
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Clinton County Doctor Pleads Guilty to Illegal Distribution of Controlled SubstancesRead the Press Release
BOWLING GREEN, Ky. – Dr. Michael L. Cummings, 63, a family practitioner in Albany, Kentucky, pleaded guilty on Tuesday, March 18, 2019, to 13 counts of prescribing controlled substances without any legitimate medical purpose and outside the course of professional medical practice, announced First Assistant United States Attorney Michael A. Bennett.
According to the plea agreement, between May 7, 2012 and April 1, 2014, Cummings prescribed Oxycodone and OxyContin, a Schedule II controlled substance, and alprazolam and zolpidem tartrate, Schedule IV controlled substances, to S.F. without any legitimate medical purpose and outside the course of medical practice.
Between May 14, 2012 and February 10, 2014, Cummings prescribed hydrocodone, a Schedule III controlled substance, Valium, and diazepam, a Schedule IV controlled substance, to S.C., without any legitimate medical purpose and outside the course of professional medical practice.
Cummings prescribed Oxycodone and Endocet, Schedule II controlled substances, hydrocodone, a Schedule III controlled substance, and alprazolam, a Schedule IV controlled substance, to J.S. between June 18, 2012 and November 5, 2014, without any legitimate medical purpose and outside the course of professional medical practice.
Between January 30, 2013 and April 15, 2015, Cummings prescribed hydrocodone polistirex, a Schedule II and Schedule III controlled substance, and alprazolam and phentermine, Schedule IV controlled substances, to J.Y., without any legitimate medical purpose and outside the course of professional medical practice.
Cummings prescribed Oxycodone and Endocet, Schedule II controlled substances, hydrocodone, a Schedule III controlled substance, and alprazolam and diazepam, Schedule IV controlled substances, to C.C. between May 1, 2012 and February 27, 2015, without any legitimate medical purpose and outside the course of professional medical practice.
The charges Cummings pleaded guilty to carry a maximum term of imprisonment of 145 years, a combined maximum fine of $7.25 million, and 3 years of supervised release. Sentencing is scheduled for June 19, 2019, before U.S. District Court Chief Judge Greg N. Stivers.
The case is being prosecuted by Assistant United States Attorneys David Weiser and Ann Marie Blaylock, and was investigated by the Federal Bureau of Investigation and the Kentucky State Police.
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