Western District of Kentucky
Press releases recorded for this federal judicial district.
Feds Charge Two in Logan County with Intent to Distribute MethRead the Press Release
BOWLING GREEN, Ky. – Two Logan County men have been charged by a federal grand jury with intent to distribute methamphetamine, announced United States Attorney Russell M. Coleman.
Brad Ashley Baskerville, age 37, of Dunmor, Kentucky, and Christopher Lynn Abney, age 46, from of Russellville, Kentucky, are both charged with intent to distribute 50 grams or more of methamphetamine, according to the federal indictment.
“The Land of Logan is well-served by close cooperation between its South Central Drug Task Force and the DEA,” said U.S. Attorney Russell Coleman. “Stay tuned; more to come.”
Baskerville and Abney face no less than 10 years in federal prison, and no more than life. There is no parole in the federal system.
Assistant United States Attorney Leigh Ann Dycus is prosecuting the case. The case was investigated by the South Central Kentucky Drug Task Force, Russellville Police Department, Logan County Sheriff’s Office, Pennyrile Narcotics Task Force and the Drug Enforcement Administration (DEA) Madisonville POD, Louisville Division. The DEA’s Louisville Division is comprised of Kentucky, Tennessee, and West Virginia; and was created in 2018 to better address the drug challenges facing our region.
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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.
Previously Convicted Sex Offender Sentenced for Trying to Meet Minor for SexRead the Press Release
LOUISVILLE, Ky. – Convicted sex offender Torey Phillip Cranston has been sentenced to 20 years’ imprisonment, followed by 20 years of supervised release by Judge Claria Horn Boom for seeking sex with a person he believed to be a minor, announced United States Attorney Russell M. Coleman. There is no parole in the federal system.
“As Mr. Cranston’s two decades in federal prison will attest, we will protect our kids,” said U. S. Attorney Russell Coleman.
Cranston, age 29, of Louisville, Kentucky, pleaded guilty on November 19, 2018, to a two count federal Indictment charging him with attempted enticement of a minor, and being a registered sex offender committing a felony offense involving a minor.
On August 16, 2017, Cranston responded to a Craigslist ad and began communicating with an undercover investigator working with the Kentucky Attorney General’s Department of Criminal Investigations, who was posing as a female minor living in Jefferson County, Kentucky. After being advised that the person he was talking to was a minor, Cranston, via text message, sought to meet the girl in person to smoke marijuana and engage in sex acts.
On August 22, 2017, Cranston arrived at a previously agreed upon location driving the vehicle he had told the undercover investigator he would be driving. Cranston communicated with the undercover agent up to the date and time specified for the meeting. He gave real-time updates via text messages while en route to the location. Law enforcement officials identified Cranston as he pulled into the parking lot and arrested him. Cranston had in his possession an apple iPhone (used for communicating with the undercover investigator), sex related items and marijuana.
In 2010, Cranston pled guilty to an amended charge of Sexual Abuse Second Degree in Jefferson District Court. The victim in the 2010 case was a 13-year-old girl.
Assistant United States Attorney Jo E. Lawless prosecuted the case. The Kentucky Office of Attorney General’s Department of Criminal Investigations conducted the investigation with assistance from the Louisville Metro Police 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 victims.
Feds Charge over A Dozen Defendants with 15 Violent Robberies in Kentucky, Tennessee, and Other States That Targeted Small BusinessesRead the Press Release
BOWLING GREEN, Ky. – United States Attorney Russell M. Coleman announced the addition of eight co-defendants charged by a federal grand jury in connection to the violent robberies of 15 commercial businesses located in North Carolina, Tennessee, Indiana, and Kentucky; including La Placita market, located in Warren County, Kentucky, where five previous co-defendants were charged in the shooting death of a Bowling Green resident.
Thirteen defendants are charged in a seven count superseding indictment unsealed on Tuesday March 5, 2019.
“These defendants are off the street because of outstanding work by the FBI and the Bowling Green Police Department,” stated U.S. Attorney Russell Coleman. “Our families and our Commonwealth are well-served by both.”
The superseding indictment charges all 13 defendants with conspiracy to interfere with commerce by robbery – targeting primarily Hispanic owned convenience stores and markets in the four states. May of the defendants resided in Nashville, Tennessee where they allegedly identified businesses to rob, and organized plans to travel to the targeted businesses.
The defendants include:
- Jorge Santos Caballero-Melgar, age 34, from Nashville, TN
- Jonny Alexander Reyes-Martinez, age 29, from Nashville, TN
- Jose Adan Mejia Varela, age 31, from Nashville, TN
- Lillian Yamileth Duron, age 24, from Nashville, TN
- Estrellita Soto, age 35, from Nashville, TN
- Elmer Manuel Ordonez Sanchez, age 25, from Nashville, TN
- Elvin Fernando Lopez Sanchez, age 26, from Nashville, TN
- Javier Alexis Mejia Varela, age 27, from Nashville, TN
- Brandon Michael Maldonado-Caro, age 25, from Nashville, TN
- Alex Antonio Maldonado-Rodriguez, age 34, from Nashville, TN
- Junior Esteban Bueso, age 39, from Nashville, TN
- Jose Javier Cedillo-Sales, age 28, from Nashville, TN
- Jamie Cedillo-Sales, age 23, from Snow Hill, NC
According to the superseding indictment, the defendants planned and robbed businesses, including: Beat the Clock Tax Service in Lexington, Kentucky, taking approximately $67,000 in cash; La Despensa in Clarksville, Indiana, taking around $7,000 in cash; Lesly Jewelry and Perfume in Nashville, Tennessee taking approximately $200,000 in cash and jewelry; La Regia in Rocky Mount, North Carolina taking approximately $25,000 in cash; La Placita in Bowling Green, Kentucky taking about $23,500 in cash. Defendants robbed multiple other businesses which can be found listed in the indictment. The charge carries a penalty of no more than 20 years in federal prison. There is no parole in the federal system.
Eleven of the defendants (Caballero-Melgar, Reyes-Martinez, Jose Varela, Elmer Sanchez, Elvin Sanchez, Javier Varela, Maldonado-Caro, Maldonado-Rodriguez, Bueso, Jose Cedillo-Sales, Jaime Cedillo-Sales) are charged with carrying or possessing a firearm during a crime of violence; the charge carries a penalty of no more than 20 years imprisonment.
The five original defendants (Caballero-Melgar, Reyes-Martinez, Jose Varela, Duron, and Soto) are charged in the indictment with interference of commerce by robbery for the March 17, 2017, robbery of La Placita in Bowling Green, Kentucky. The charge carries a term of imprisonment of no more than 20 years.
The Grand Jury further charged Caballero-Melgar, Reyes-Martinez, and Jose Varela with murder through the use of a firearm during a crime of violence for the death of J.C. during the robbery of La Placita in Warren County; the charge carries a maximum penalty of death or a term of life in prison.
Caballero-Melgar faces an additional charge of illegal entry after deportation. Reyes-Martinez and Jose Varela are also charged with being an illegal alien in possession of a firearm.
This case is being prosecuted by Assistant United States Attorneys Marisa Ford and Alicia Gomez. The case is being investigated by the Bowling Green Police Department and the FBI with assistance from the Warren County Commonwealth Attorney’s Office; Northampton County, VA Sheriff’s Office; Metro Nashville, TN Police Department; Rocky Mount, NC Police Department; Clayton, NC Police Department; Cary, NC Police Department; Henderson, NC Police Department; Snow Hill, NC Police Department; Chatham County, NC Sheriff’s Department; Department of Homeland Security; and United States Marshals. Assistant U.S. Attorneys David Weiser and Jo Lawless also assisted in the investigation.
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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.
One of the Most Senior Level Former Coal Company Officials in Ky Charged for Defrauding Regulators About Black-Lung Causing Risks to MinersRead the Press Release
MADISONVILLE, Ky. – United States Attorney Russell M. Coleman announced the charging of an additional former supervisor and safety official from Armstrong Coal, in addition to the 8 previous officials charged by a Federal Grand Jury, for conspiracy to defraud an agency of the United States government by deceit, trickery and dishonest means.
The Indictment charges that the conspirators sought to deceive federal mine safety regulators as to the daily levels of breathable dust at both the Parkway Mine of Muhlenberg County, KY and Kronos Mine of Ohio County, KY. Breathable or “respirable” dust is the primary cause of pneumoconiosis or “Black Lung” in miners. The Federal Grand Jury also charges the nine Armstrong Coal officials with making false statements as to results of tests required to be conducted every 60 days to protect certain “designated occupations,” that is the dustiest and most dangerous job assignments in a coal mine.
In addition to the previous charges announced in July of 2018, a federal Grand Jury has now indicted Glendal “Buddy” Hardison, the former manager of all Armstrong Coal western Kentucky mines. The Grand Jury charges that Hardison allegedly met with co-Defendant Ron Ivy and an unindicted co-conspirator in 2013, and ordered them to do whatever they had to do to “make the pumps come in.”
“West Kentucky miners are about action, not just happy talk,” stated U.S. Attorney Russell Coleman. “As we showed today, the United States will continue to aggressively go up the chain to hold accountable those who made calculated business decisions that placed our miners at grave risk.”
“Miners’ safety and health is our top priority,” said David G. Zatezalo, Assistant Secretary of the U.S. Department of Labor’s Mine Safety and Health Administration (MSHA), which conducted the investigation that led to the charges. “If supervisors and safety officials are breaking the law, we’ll do everything we can to ensure that the laws are enforced and miners receive the protections they deserve.”
The Grand Jury charges that contrary to regulations, Armstrong officials removed dust testing devices early in the miners’ shifts and placed the devices in less dusty or “clean air”; that during a testing period, officials replaced miners who ran the most dust-causing machines with miners who were not wearing the dust testing devices, so that the company would pass the tests; that Armstrong officials fabricated and submitted dust sampling test results on days the mine was shut down or otherwise not in operation; that officials ordered that testing devices be run in “clean air,” before and after shifts, to skew the test results toward passing; that a mine superintendent twice mandated to a safety official to take whatever action necessary to ensure that the company passed dust sampling tests.
Armstrong Coal, now bankrupt, is designated by the Indictment as an unindicted co-conspirator. Those former Armstrong supervisory and safety officials charged include:
- Charley Barber, age 63, of Madisonville, a former Superintendent of Parkway Mine;
- General “Buddy” Hardison, age 69, of Belton, the former manager of all of Armstrong Coal western Kentucky mines;
- Brian Keith Casebier, age 60, of Earlington, a former Safety Director at Parkway Mine;
- Steven Demoss, age 48, of Nortonville, a former Assistant Safety Director at Parkway Mine;
- Billie Hearld, age 42, of Russellville, a former Section Foreman at Parkway Mine;
- Ron Ivy, age 50, of Manitou, a former Safety Director at Kronos Mine;
- John Ellis Scott, age 62, of South Carrollton, a former employee in the Safety Department at Parkway Mine;
- Dwight Fulkerson, age 40, of Drakesboro, a former Section Foreman who performed dust testing at Parkway Mine; and
- Jeremy Hackney, age 46, of White Plains, also a former Section Foremen who performed dust testing at Parkway Mine.
The Kronos Mine remains in operation under different ownership. The Parkway Mine is no longer open.
The case is being prosecuted by Assistant United States Attorneys Randy Ream, Corinne Keel and MSHA’s Jason Grover.
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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 Continue to Lean in on Gun ProsecutionsRead the Press Release
LOUISVILLE, Ky. – Following a record-breaking number of prosecutions of violent felony offenders in possession of firearms in 2018, the United States Attorney’s office has charged a new round of cases in 2019 as part of the ongoing Project Safe Neighborhoods (PSN) effort to tackle violent crime in Metro Louisville.
The first round of indictments in 2019 resulted in 26 defendants charged in 24 Indictments. The indictments returned were a result of the ongoing partnership between federal prosecutors and their counterparts from the Jefferson County Commonwealth’s Attorney’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 PSN initiative - which targets the area’s most violent offenders.
The United States Attorney’s Office Western District of Kentucky charged 110 PSN defendants in 2018.
“Kentucky families deserve to be safe regardless of zip code,” said U.S. Attorney Russell Coleman. “These Project Safe Neighborhoods surges are a powerful tool in removing the trigger-pullers from our streets.”
Defendants charged have previously been found guilty of numerous crimes, including: burglary, robbery, facilitation to murder, narcotics trafficking, fleeing or evading police, escape, tampering with a witness, and assault.
The latest round of indictments charges Dominique Tribble, 26, of Louisville, with being a prohibited person in possession of a firearm; he was convicted in 2015 of trafficking heroin. Tribble was recently arrested on state charges for a double shooting that took place in front of a business in Shively.
Matthew R. Smith, of Willisburg, was also charged by a federal grand jury in a three count indictment with being an unlawful user of and addicted to a controlled substance in possession of eight firearms, two counts of possession of an unregistered firearm – a Colt AR-15 machinegun, and four AR-15 auto sears, which allows the guns to fire multiple rounds with one pull of the trigger. The Springfield, Kentucky Police Department arrested the Defendant in a business’ parking lot in November of 2018.
Also charged in the indictments is Mark Lundy, 39, of Bardstown, in a two count indictment with being a prohibited person (an unlawful user of and addicted to a controlled substance) in possession of 17 firearms and possession of marijuana in connection with a large hemp/marijuana growing operation.
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 26 defendants qualify as Armed Career Criminals, facing a mandatory 15 year minimum sentence, or repeat drug traffickers, facing a mandatory 10, 15, or 25 year minimum sentence.
These cases are being prosecuted by Assistant United States Attorneys Joe Ansari, Robert Bonar, Nute Bonner, Thomas Dyke, Larry Fentress, Alicia Gomez, Lettricea Jefferson-Webb, Corinne Keel, Jo Lawless, Erin McKenzie, Spencer McKiness, Randy Ream, Mac Shannon, Chris Tieke and Special Assistant U.S. Attorney Ebert Haegele with stalwart assistance from Laura Stinson, Western District of Kentucky Grand Jury Coordinator. The cases are being investigated by Louisville Metro Police Department; Bureau of Alcohol, Tobacco, Firearms and Explosives; Springfield Police Department; Kentucky State Police; Federal Bureau of Investigation; Shively Police Department; and the Bullitt County Sheriff’s Office.
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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Feds Charge Two in Connection to Bullitt County OD DeathRead the Press Release
LOUISVILLE, Ky. – Two defendants have been charged by a federal grand jury for possession of heroin that caused the death of a Shepherdsville victim, announced United States Attorney Russell M. Coleman.
Aaron Shelton, 27, and Tajuan M. McDowell, a.k.a. Tawain McDowell, 18, have been charged in the indictment with possession of heroin with intent to distribute. Shelton faces an additional charge of conspiracy to distribute heroin – causing death.
“We will charge as little as one pill that results in overdose death,” stated U.S. Attorney Russell Coleman “And these federal charges carry a mandatory sentence of twenty years to life for those that peddle their poison in our Commonwealth. Is it worth it?”
According to a criminal complaint, the morning of February 2, 2019, Shepherdsville Police Department officers responded to a suspected fatal overdose where they found A.M., the victim, deceased along with suspected heroin.
Subsequently, the Shepherdsville Police Department and LMPD’s 9th Mobile Division coordinated and conducted a controlled purchase of heroin from Shelton. During the controlled purchase, McDowell attempted to dispose of three bindles of suspected heroin, and Shelton attempted to flee in a vehicle, when he struck an unmarked LMPD police vehicle.
Shelton was initially placed into state custody for Criminal Mischief 1st for intentionally ramming a police vehicle. While taking Shelton into custody, Officers observed a bundle of currency in plain view in the driver’s floorboard of Shelton’s vehicle, in which Shelton was found to be the sole occupant; following a K-9 alert, a search of the car was conducted which revealed multiple phones and other evidence.
Both defendants appeared in federal court last week. Shelton remains in federal custody.
Both counts in the indictment carry a term of imprisonment of no less than 20 years and no more than life, in addition to a term of supervised release. There is no parole in the federal system.
The case is being prosecuted by Assistant United States Attorney Lettricea Jefferson-Webb and Special Assistant United States Attorney Ebert Haegele, and is being investigated by the Drug Enforcement Administration, Shepherdsville Police Department, Louisville Metro Police Department’s 9th Mobile and Narcotics divisions.
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Former Louisville Armored Truck Driver Indicted by Federal Grand JuryRead the Press Release
LOUISVILLE, Ky. – Former GardaWorld armored truck driver Mark Nicholas Espinosa has been indicted by a federal grand jury with five charges related to the theft of more than $900,000 from the vehicle, announced United States Attorney Russell M. Coleman.
“Mr. Espinosa’s charged conduct demonstrates the same flawed assumption found in Louisville’s violent trigger-pullers and narcotics peddlers, that the rule of law simply does not apply to him/them,” stated U.S. Attorney Russell Coleman. “As in this case, they should expect a wake-up call in 2019. LMPD and the FBI are to be commended for their fine police work here.”
Espinosa is charged with theft from a common carrier, bank robbery, interstate transportation of stolen money, monetary transactions involving stolen money, and money laundering.
According to the five count indictment: On December 5, 2018, Espinosa stole more than $900,000 from a GardaWorld armored truck, including more than $1,000 in cash from the PNC Bank. Espinosa transported the $900,000 in stolen cash and fled to Connecticut, where he was found with $850,000 in cash on January 30, 2019.
On or about December 10, 2018, in Wilkes-Barre, Pennsylvania, Espinosa, using the name Sam Smith, purchased a 2018 Chevrolet Malibu for $21,193.28 in cash, using money stolen from the armored truck.
On December 21, 2018, in Middlesex County, Connecticut, Espinosa deposited $3,300 into a Citizens Bank account under the name Sam Smith, using money stolen from the GardaWorld truck.
Espinosa faces no more than 10 years per count for theft from a common carrier, bank robbery, interstate transportation of stolen money, monetary transactions involving stolen money and no more than 20 years for money laundering, in addition to a term of supervised release.
Assistant United States Attorneys David Weiser and Rob Bonar are prosecuting the case which is being investigated by the Federal Bureau of Investigation and the Louisville Metro Police Department.
The indictment of a person by a Grand Jury is an accusation
only and that person is presumed innocent until and unless
proven guilty.Suspect Caught, Charged in Case Stretching from Tennessee to KentuckyRead the Press Release
LOUISVILLE, Ky. – A suspect is in custody and charged in a criminal complaint with threatening interstate communication after attempting to ransom the parents of a woman from Tennessee, announced United States Attorney Russell M. Coleman.
“Swift and safe resolution of this case is a reminder that Kentuckians and Tennesseans are protected by the finest law enforcement agencies in the nation,” stated U.S. Attorney Russell Coleman.
According to a criminal complaint filed in District Court on Thursday, on January 29, 2019 the Brentwood Police Department, located in Brentwood, Tennessee received a phone call from M.W. indicating her daughter, R.W. had been kidnapped. Bryan Conley was using R.W.’s phone and texting M.W. ordering her to pay a ransom of $20,000 for her daughter’s release.
Conley told R.W.’s mother to begin driving to Toledo, OH, where she would receive another phone call. Conley threatened to sell, rape and kill R.W. if D.W. did not comply with his demands.
The Defendant sent D.W. a “proof of life” photograph of D.W. at approximately 10:00 PM CST, which depicted R.W. inside of a vehicle with binding around her mouth. The photo was reviewed and the vehicle was determined to be consistent with a 2013-2018 Ford Taurus SE. The ransom was eventually negotiated down to $400 and some jewelry, and it was agreed that the father of R.W. would begin travelling towards Toledo, Ohio to drop off the ransom.
The morning of the January 29, 2019 an unidentified user attempted to access R.W.’s bank account, the individual correctly provided R.W.’s social security number, but was unable to correctly answer the security questions. Later that morning there was a successful login to R.W.’s bank account via her telephone number. The bank provided the telephone number associated with the first attempt which was registered to Bryan Conley’s wife in Clarksville, Tennessee. Investigators learned through an NCIC query that Conley’s wife has a gray 2014 Ford Taurus registered in her name. Further investigation revealed the two telephones were in close proximity.
Conley texted the phone of R.W.’s daughter “one more lie she’s dead,” at approximately 2:25 PM CST on January 30, 2019, while FBI Special Agents were located with the father in Tennessee. Location information from the cellular carrier placed R.W.’s phone in the vicinity of Hopkinsville, Kentucky.
At 3:30 PM CST the ransom payment was delivered behind a dumpster at the Flying J Travel Center in Oak Grove, Kentucky. At approximately 5:00 PM CST, Federal Bureau of Investigation Louisville Division observed Bryan Conley retrieve the ransom payment, then enter a Ford Taurus and leave the gas station. FBI agents followed Conley to a gas station in Leithchfield, Kentucky. Conley was arrested at the gas station by FBI Special Agents who removed R.W.’s phone from his possession. After the arrest R.W. was found in the Ford Taurus.
Conley is currently in custody of the U.S. Marshals Service. A preliminary detention hearing is scheduled for February 1, 2019 in Owensboro, Kentucky.
This case is being prosecuted by Assistant United States Attorney Joshua Judd, and investigated by the Federal Bureau of Investigation Louisville, Memphis, Cincinnati, Detroit and Cleveland Offices with the assistance of Brentwood Police Department, Jefferson County Sheriff’s Office, Louisville Metro Police Department, Kentucky State Police, Bullitt County Sheriff’s Office, Elizabethtown Police Department, Shepherdsville Police Department, Leitchfield Police Department, Clarksville Police Department, and Tennessee Bureau of Investigation.
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Domestic Violence Perpetrator Pleads Guilty to Possessing 37 FirearmsRead the Press Release
LOUISVILLE, Ky. – A Louisville, Kentucky, woman who was previously convicted of domestic violence has pleaded guilty to a Superseding Indictment charging her with unlawful possession of 37 firearms, announced United States Attorney Russell M. Coleman.
Ashlynn Marcum, 28, Louisville, was indicted by a federal Grand Jury on November 20, 2018.
According to a plea agreement, on August 29, 2018, agents from the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) were investigating the theft of firearms from a building associated with a firearms dealer. During the investigation, agents approached a vehicle in the parking lot of a motel in Muldraugh, Kentucky. Marcum was seated in the passenger seat of the vehicle. An agent saw a Colt Black Stallion .380 caliber semiautomatic pistol and a loaded magazine in plain view on the floorboard of the vehicle near the defendant’s feet. After being advised of her Miranda rights, the defendant stated she obtained the pistol found in the vehicle from a guy named “Joe” and that she chose that pistol to carry because it was small. The defendant consented to a search of a motel room she was staying in at the motel. When the agents searched the room, they recovered more firearms that the defendant said were stolen from the storage building associated with the firearms dealer. According to the Superseding Indictment, Marcum has 3 previous misdemeanor domestic violence convictions in the Jefferson County, Kentucky, District Court.
Marcum faces a maximum sentence of 10 years imprisonment, a maximum fine of $250,000 and a 3-year term of supervised release.
The case was prosecuted by Assistant United States Attorney Tom Dyke and investigated by 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.
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Former LMPD Officer Pleads Guilty to Attempted EnticementRead the Press Release
LOUISVILLE, Ky. – Former Louisville Metro Police officer Brandon Wood has been charged in a felony Information and pleaded guilty to attempted enticement, announced United States Attorney Russell M. Coleman.
“The tragedy of the LMPD Explorer Program is that Mr. Wood and others used a well-intended program designed to recruit our finest young people into law enforcement service as a tool to exploit those same kids,” stated U.S Attorney Russell Coleman. “The United States looks forward to his sentencing to a term of years in federal prison.”
"Brandon Wood's guilty plea is a testament to the FBI Louisville’s Public Corruption Civil Rights Task Force's hard work. The FBI and its task force partners, Louisville Metro Police Department and the Kentucky Attorney General's Office, are dedicated to preserving the integrity of our governmental institutions,” said FBI SAC James Robert Brown Jr. “Whether that be law enforcement or elected officials, no one is above the law."
According to a 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 Explorers 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.
The attempted enticement charge carries a mandatory minimum of 10 years’ imprisonment, a maximum fine of $250,000.00, followed by no less than 5 years and could be up to a life term of Supervised Release.
Assistant United States Attorney Jo E. Lawless is prosecuting the case which is being 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.
Repeat Child Sex Offender Sentenced to 10 Years in PrisonRead the Press Release
LOUISVILLE, Ky. – United States District Court Judge Greg N. Stivers this week sentenced a repeat child sex offender to 10 years imprisonment followed by a life term of supervised release, announced United States Attorney Russell M. Coleman.
William Lawrence Taylor, 68, was indicted on one count of possession of child pornography on July 25, 2018.
According to the plea agreement, Taylor in 2004 pleaded guilty to online enticement of a minor in Georgia, and was sentenced to 168 months of imprisonment followed by 5 years of supervised release. Upon his release from prison in 2016, Taylor moved to Big Clifty, Kentucky. During an unannounced visit to his home on January 11, 2018, Taylor was found to have a female and an 11-year-old child living with him – a violation of his supervised release. During a follow-up meeting, a United States Probation Officer obtained consent for a search of Taylor's cell phone. The United States Secret Service conducted a forensic examination of the cell phone. That examination revealed the presence of child pornography, adult pornography, and sexually explicit images of children in cartoon format. Taylor obtained the images from the internet.
Assistant United States Attorney Jo E. Lawless prosecuted the case. The United States Probation Office with assistance from the United States Secret Service investigated the case.
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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.
Five-Time Convicted Felon Found Guilty on Gun & Drug ChargesRead the Press Release
LOUISVILLE, Ky. – Cherosco Brewer, age 35, of Louisville, Kentucky, was found guilty on Thursday in United States District Court following a four day jury trial, announced United States Attorney Russell M. Coleman.
The jury convicted Brewer on all counts of a federal indictment which charged the following: possession of a firearm by a convicted felon, possession with intent to distribute cocaine; possession with intent to distribute marijuana, and possession of a firearm in furtherance of a drug trafficking crime. Brewer faces 30 years to life in federal prison. There is no parole in the federal system.
“There is no daylight between federal, state, and local law enforcement to remove the most violent offenders from the streets of our city,” stated U.S. Attorney Russell Coleman. “We are committed to continuing to work together towards a safer Louisville in 2019.”
According to the evidence presented at trial, on November 11, 2015, Louisville Metro Police Department Detectives Tyler Holland and Holly Hogan initiated a traffic stop involving a 2013 Dodge Charger on suspicion of excessive window tint. The officers identified the driver as Brewer. During the stop, a narcotics detection dog alerted on the outside of the car. The officers then ran the dog through the passenger compartment of the car. While inside the car, the dog alerted on the area around the steering column. During a search of the car, officers found several baggies of marijuana packaged for sale as well as a loaded Glock .40 caliber handgun wrapped in a cloth napkin and hidden under the steering column. When officers arrested Brewer, they recovered $920 in cash and seven cell phones which were in his possession. After his arrest on November 11, 2015, Brewer posted a cash bond and was released from state custody.
On November 12, 2015, LMPD Detective Chad Stewart conducted a traffic stop involving a 2010 Ford Taurus on suspicion of excessive window tint. Brewer was driving the car and told police it belonged to his wife. During the traffic stop, a narcotics dog alerted on the outside of the Taurus. When officers conducted a search of the car they recovered approximately fifteen individual bags of cocaine which were packaged for sale, wrapped in a cloth, and hidden behind the dash panel. Officers also recovered $885 in cash and three cell phones from Brewer.
Brewer has five previous felony convictions in Jefferson County Circuit Court for trafficking cocaine, flagrant non-support, possession of a handgun by a convicted felon, and receiving stolen property over $300.
The conviction of Brewer on Thursday follows the 2018 conviction of Jamar Garrison on gun and drug charges. Garrison, who is also a previously convicted felon and a habitual drug dealer with a history of gang violence, was also arrested by LMPD officers after a traffic stop. Garrison is scheduled to be sentenced in federal court later this month.
This case is being prosecuted by Assistant United States Attorneys Erin McKenzie and Corinne Keel and was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) and the Louisville Metro Police Department (LMPD) 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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Monroe County Man Sentenced for Possession of Child PornRead the Press Release
BOWLING GREEN, Ky. – U.S. District Chief Judge Greg N. Stivers sentenced James L. Holland Jr., of Monroe County, Kentucky, to 108 months imprisonment, followed by a lifetime of supervision, and ordered him to pay $32,000 in restitution to six victims for possession of child pornography, announced United States Attorney Russell M. Coleman. There is no parole in the federal system.
“Federal prison time awaits those whose desire to possess these horrible images which hurts our kids,” said U.S. Attorney Russell Coleman.
Holland, 63, of Gamaliel, Kentucky, pleaded guilty to possession of child pornography on the morning of the first day of trial, September 5, 2018, without the benefit of a plea agreement.
According to a sentencing memo filed in the case, on July 4, 2016, a Kentucky State Police (KSP) Trooper conducting an online undercover operation on a peer-to-peer network downloaded child pornography that was tracked back to the IP address associated with Holland. KSP obtained a search warrant for Holland’s residence and executed it on August 11, 2016. During the search of Holland’s home, investigators observed a computer in Holland’s bedroom that was running a peer-to-peer file-sharing program and uploading files to the internet. A preliminary investigation of a hard drive in the home revealed hundreds of files containing child exploitation material.
Several electronic storage devices were seized from Holland’s home; a KSP forensic review of the hard drives revealed approximately 1,943 files of child pornography, including images and videos. Additional child pornography was also found on an external hard drive connected to Holland’s computer. The device contained copies of files that KSP downloaded from Holland between July 4 and July 6, 2016.
Assistant United States Attorney Spencer McKiness prosecuted the case. The case was investigated by the Kentucky State Police and the Bureau of Immigration and Customs Enforcement (ICE).
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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Defendants in Louisville Area Chiropractic Scheme Sentenced to Federal PrisonRead the Press Release
LOUISVILLE, Ky. – U.S. District Judge Rebecca G. Jennings has sentenced defendants of a health care fraud scheme that billed insurance companies for services never performed to years in federal prison, announced United States Attorney Russell M. Coleman.
“This sentence sends a message that theft in the Western District of Kentucky – health care related or otherwise – results in real time in federal prison,” stated U.S. Attorney Russell Coleman
On Wednesday, the Court sentenced Ledinson Chavez to 74 months in prison for health care fraud, money laundering, and aggravated identity theft. The sentence is followed by 2 years supervised release, and $1,016,393.23 in restitution. There is no parole in the federal system.
Sergio Betancourt was sentenced on Wednesday to 37 months imprisonment for health care fraud, money laundering and crimes committed while on pre-trial release. The sentence will be followed by 2 years supervised release, and $1,153,770.34 in restitution.
According to the evidence before the Court, beginning no later than on or about June 12, 2012, and continuing through on or about November 1, 2014, Claudia Lopez, Ledinson Chavez, Oskel Lezcano, Ariel Borrego-Hernandez, Sergio Betancourt and Yuriesky Diaz Rodriguez recruited unsuspecting chiropractors for employment in Louisville area chiropractic clinics in order to obtain and use the chiropractors’ names and National Provider Identifiers (NPI) to fraudulently bill insurance companies. Each chiropractor provided his/her NPI number to Lopez and Lezcano in order to credential the clinics with various insurance companies.
Thereafter, the group of defendants recruited employees from Jeffboat and other local employers to seek chiropractic services from the clinics. However, unbeknownst to the chiropractors, the clinics billed approximately $5,000,000 for methocarbamol injections (a muscle relaxant), using the patients’ names, dates of birth, insurance/policy numbers, addresses, and patient IDs/Social Security Numbers for injections. Most of the patients from Jeffboat were paid to go to the clinics by the defendants and were told the injections were being billed, according to testimony during trial.
Borrego-Hernandez, Lopez, Betancourt, Chavez and allegedly Lezcano operated and controlled multiple chiropractic clinics in the Louisville area including: Xpress Diagnostics Center, Inc.; Prudential Chiropractic Medical Center, PLLC; Klondike Chiropractic Medical Center, LLC; Be Well Chiropractic Center, Corp.; and Chiropractic and Medical Center, LLC, even though the clinics were placed in various chiropractors’ names.
According to additional court documents on or about March 14, 2017, and March 17, 2017, while on pre-trial release, Borrego and Lopez conspired to traffic in marijuana – which caused about 109 pounds of marijuana to be transported from Colorado to Kentucky.
Lopez was sentenced in September to 61 months imprisonment, followed by 3 years of supervised release and ordered to pay $232,617.96 in restitution, as well as forfeit an Audi Q-7 and $53,775 in proceeds.
Ariel Borrego-Hernandez was sentenced in October to 54 months in prison, followed by 3 years supervised release and ordered Borrego-Hernandez to pay $89,161.81 in restitution, and over $53,000 in forfeited cash.
Yuriesky Diaz Rodriguez was sentenced in December to 18 months of probation and ordered to pay $104,624.70 in restitution.
Assistant United States Attorneys Joseph Ansari, Lettricea Jefferson-Webb and Christopher Tieke prosecuted the case and were assisted by Bob Masterson as health care fraud investigator and Mary Kennedy as paralegal. The case was investigated by the Federal Bureau of Investigation, the United States Postal Inspection Service, the Internal Revenue Service Criminal Investigation, the Louisville Metro Police Department, and the National Insurance Crime Bureau.
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Former Bookeeper Sentenced for Wire Fraud in PaducahRead the Press Release
PADUCAH, Ky. – United States Senior District Judge Thomas B. Russell this week sentenced Dana Thomas, age 53, of Paducah, Kentucky, to 27 months in prison followed by 3 years of supervised release, and ordered her to pay restitution of $147,770, announced United States Attorney Russell M. Coleman.
Thomas pleaded guilty to wire fraud on August 21, 2018.
According to a documents before the Court, including a sentencing memo and an Information, beginning in May of 2015, and continuing to in or about December 2017, Thomas, while employed as a bookkeeper at Audiology and Hearing Center, Paducah, Kentucky, exceeded her authorized access by using company credit cards for personal transactions.
Thomas’ crime was recognized after her resignation, when an outside bookkeeper was hired to help with accounting and bill management. The new bookkeeper discovered Thomas had been stealing from the office, in what amounted to $125,570 over the course of her employment. Thomas charged, extravagantly, according to documents spending $5,000 on a condo in Panama City, Florida, and a trip to see the ball drop in New York, New York, among others.
This case was prosecuted by Assistant United States Attorney Madison Sewell, and was investigated by the Federal Bureau of Investigation (FBI).
The United States Attorney’s Office continues a pledge of support to federal, state, and local law enforcement partners in reducing criminal activity in all 53 counties of the Western District of Kentucky, to include the previously underserved Purchase and the Pennyrile Regions which continues to be served through the long term assignment of three Assistant United States Attorneys in Paducah, the most ever in the history of the office.
Teacher in Federal Custody After Seeking Sex with A MinorRead the Press Release
LOUISVILLE, Ky. – A Louisville, Jefferson County Public Schools teacher has been charged in a criminal complaint, and detained as ordered by United States Magistrate Judge Regina S. Edwards for attempting to entice a minor to engage in sexual activity, announced United States Attorney Russell M. Coleman.
Brandon Lee Dietz, 37, was placed in the custody of the U.S. Marshals Service on Friday.
According to a criminal complaint filed on November 30, 2018, law enforcement became aware of Dietz’s actions on November 19, 2018, when an undercover investigator, authorized by the Kentucky Attorney General’s Department of Criminal Investigations, posing as a 14-year-old girl, was contacted over KiK messenger by an unknown subject. A conversation developed which was made sexual by the subject, including a request for sexual images, and a request to meet in person to engage in sex acts. The subject, later revealed through investigatory techniques to be Brandon Dietz, also sent two “live” images of himself to what he believed to be the 14-year old, but was actually an undercover investigator. The conversation between Dietz continued through the night of November 20, and into the next day. On November 21, 2018, the undercover agent agreed to meet Dietz in Jeffersontown, Kentucky.
Law enforcement set up surveillance in the area where the undercover agent set up to meet Dietz. The Defendant, driving a blue Honda Civic, passed one of the unmarked law enforcement vehicles. Shortly thereafter, Deitz texted the undercover agent and said he believed he was being “set up.” Deitz specifically identified areas where, in fact, unmarked law enforcement vehicles were sitting. Officials moved their vehicles, and the Defendant entered the subdivision where the meeting place was set. The vehicle immediately turned around within sight of a previously identified law enforcement vehicle and left the neighborhood at a high rate of speed. The vehicle did not come to a complete stop at the posted stop sign. The undercover investigator initiated a traffic stop, however, the vehicle did not immediately stop in spite of the use of lights and siren. When Dietz stopped the undercover investigator recognized the Defendant from images sent during the KiK communications.
In a post-Miranda interview with Dietz he admitted to traveling to the area to meet a “girl” he met online. According to the criminal complaint, Dietz admitted to having a sexual conversation with the UC after learning she was a minor, and acknowledged driving to Jeffersontown with the intent to have sex with the underage girl.
Assistant United States Attorney Jo E. Lawless is prosecuting the case. The Kentucky Attorney General’s Office – Department of Criminal Investigations conducted the investigation with support from the United States Secret Service.
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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.
Grayson County Man Pleads Guilty to Production, Distribution and Possession of Child PornRead the Press Release
OWENSBORO, Ky. – A Millwood, Kentucky, man, has pleaded guilty before United States District Judge Joseph H. McKinley on Monday, to multiple counts of production and distribution of child pornography, and possession of child pornography, announced United States Attorney Russell M. Coleman.
James D. Armes, 37, of Grayson County, Kentucky 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 Monday, Armes admitted before the Court his guilt on all counts.
According to a factual basis of the charges before the Court, on or about December 2, 2017, Armes’s wife, looked at his cell phone and observed pictures of an eight month old relative with Ames in sexual situations.
On January 2, 2018, the Federal Bureau of Investigation obtained a federal search warrant to search the cell phone for child pornography. Several images and videos of child pornography were located on the phone including the images described by Armes’ wife. The review of his cell phone revealed eight videos and seven images of child pornography, involving two victims, that Armes produced.
Because of Armes prior rape conviction, he faces a mandatory minimum sentence of 25 years imprisonment and not more than 350 years, a fine of $2,000,000, and supervised release of not less than 5 years and not more than life.
This case is prosecuted by Assistant United States Attorney Spencer McKiness. The case was 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 victims.
Former Greensburg, Kentucky Attorney Pleads Guilty to Embezzling from Clients to Pay Gambling LossesRead the Press Release
BOWLING GREEN, Ky. – A Campbellsville, Kentucky, man, pleaded guilty before United States District Court Judge Greg N. Stivers on Friday, to five counts of wire fraud as part of 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.
Danny Butler, 72, was indicted on November 15, 2017. According to the indictment, Butler was an attorney licensed with the Kentucky Bar Association who was authorized to practice law in the Commonwealth of Kentucky. He operated a legal practice in Greensburg, located in Green County, Kentucky, and provided clients with a broad range of legal services including probate, general civil, and government benefits.
According to the plea agreement before the Court, from August 2009 through October 2016, Butler obtained money by false pretenses from the clients of his legal practice by not performing work for his clients and by stealing funds belonging to estates of his clients.
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.
Butler could be sentenced to a maximum 100 years in prison, fined $1,250,000, and be required to serve a three year period of supervised release. Sentencing is scheduled for March 4, 2019.
The case was prosecuted by Assistant United States Attorney Bryan Calhoun, and was investigated by the Federal Bureau of Investigation (FBI), Internal Revenue Service (IRS) and Kentucky State Police.
Former LMPD Officer Pleads Guilty to Enticing Minors, Distribution, and Possession of Child PornRead the Press Release
LOUISVILLE, Ky. – A former Louisville Metro Police Department officer has pleaded guilty before United States District Judge David J. Hale for enticement, attempted enticement, possession of child pornography, transfer of obscene materials to a minor and distribution of child pornography, announced United States Attorney Russell M. Coleman.
“This defendant dishonored the proud badge and uniform of Louisville’s Finest with his perversion and used it to prey on our young people,” stated U.S. Attorney Russell Coleman. “The Federal Bureau of Prisons awaits the outcome of his sentencing.”
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). In 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) In 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) In 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.
Betts faces no less than 10 years in prison due to statutory mandatory minimum sentencing requirements. The maximum potential sentence is life in prison. The charges also carry a maximum potential fine of $1,750,000.00 and a term of Supervised Release of not less than five years and could be up to a term of life. There is no parole in the federal criminal system. Sentencing has been scheduled for March 18, 2019.
Assistant United States Attorney Jo E. Lawless is prosecuting the case, and it is being investigated by the Federal Bureau of Investigation (FBI) and the Louisville Metro Police Department’s Public Integrity Unit.
Former Container Company Employee Found Guilty of Tampering with Consumer Products Sentenced to 60 MonthsRead the Press Release
BOWLING GREEN, Ky. – United States District Judge Greg N. Stivers sentenced Waylon J. Horton, a former employee of a container manufacturing plant located in Hart County, Kentucky, to 60 months imprisonment followed by 2 years of supervised release, for tampering with consumer products, announced United States Attorney Russell M. Coleman.
“Mr. Horton did real harm, placing both families and a major local employer at risk,” stated U.S. Attorney Russell M. Coleman, “And for that, federal prison time is just punishment.”
In 2016, Horton, now age 44, worked on printers on production lines for Styrofoam drinking cups at the container manufacturing plant in Horse Cave, Kentucky. On two separate dates in July 2016 Horton, with reckless disregard for the risk of death or bodily injury it might cause, placed pieces of broken glass into Styrofoam drinking cups that were then shipped to fast food restaurants. Glass pieces were subsequently found in cups at three different restaurants in Ohio, Kentucky, and Indiana. After receiving complaints, the container manufacturing plant put the distribution of Styrofoam cups that were produced in its facility on hold and seven additional boxes containing Styrofoam cups with broken glass were ultimately found.
Horton pleaded guilty to tampering with consumer products on July 13, 2018.
The case was prosecuted by Assistant United States Attorneys Amanda Gregory and Marisa Ford, and was investigated by the Federal Bureau of Investigation and the Hart County Sheriff’s Office.
Louisville Man Pleads Guilty to Attempted Enticement, Distribution and Possession of Child PornRead the Press Release
LOUISVILLE, Ky. – A Louisville, Kentucky, man pleaded guilty before United States District Court Judge Joseph H. McKinley Jr. this week, to attempted enticement of a minor, three counts of distribution of child pornography, and possession of child pornography, announced United States Attorney Russell M. Coleman.
Jeffrey Shawn Baunach, 46, was indicted on the charges on May 24, 2018.
According to a factual basis of the allegations presented to the Court, Baunach told an undercover agent, authorized and working for the Kentucky Attorney General, that he had been engaging his minor children in sex acts. Baunach also stated that he had met other adults to allow them to engage the children in sex acts. He requested to engage a child entrusted to the undercover agent in sex acts in exchange for sexual contact with his own children and discussed meeting to do so. On February 8, 2018, a Kentucky Circuit Court Judge authorized issuance of a Search Warrant for Baunach, his van, and residence on Clarmar Road. Law enforcement officials executed the warrant the following day. Several items of potential evidence were also recovered from the residence including six phones, two computers, and one thumb drive. All items were logged and transported to the DCI Cyber Crimes Lab in Frankfort, Kentucky, for further examination.
A forensic examination of a cellular telephone, recovered from Baunach’s bedroom during the search of his home revealed it as the device that had been used during the communications with the undercover agent. The device also contained an image that had been previously sent by Baunach to the undercover agent. The examination also revealed several images of child pornography, that is, images of minors, engaged in sexually explicit conduct. Ten images depict infants (both male and female). The babies’ genitals are nude and fully displayed. Three of the images reflect connection to Craigslist and two of the four indicate they were acquired through Yahoo mail. Four additional images depict the sexual abuse of a young girl (approximately age six – eight). All of the above-referenced images were saved as screen shots to the memory of the device on several dates between August 21, 2017, and January 24, 2018.
The investigator also observed several email conversations between Baunach and unknown parties involving discussions about sex with children. Further investigation led to a law enforcement official in Chicago, Illinois. The Google search warrant materials – confirmed with the Chicago law enforcement official – showed that Baunach had distributed the infant child pornography images to an individual in the Chicago area. During the email communications, Baunach claimed to have access to the babies because he babysat them. The emails also referenced telephone conversations between the two men – Baunach and the Chicago man – concerning the sexual abuse of children.
Baunach faces a minimum 10 year term of imprisonment and no more than life for the charge of attempted enticement, followed by no less than 5 years of supervised release and no more than life of supervised release. The charges of distribution of child porn carry a mandatory minimum term of imprisonment of 5 years and no more than 20 years (on each count), and he faces no more than 20 years for distribution of child porn.
Assistant United States Attorney Jo E. Lawless is prosecuting the case. The Kentucky Attorney General’s Department of Criminal Investigations Cyber Crime Unit conducted the investigation with assistance from the Jeffersontown (Kentucky) Police 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 victims.
Louisville Felon Sentenced for Possessing 26 guns, 11k Rounds of Ammo and DrugsRead the Press Release
LOUISVILLE, Ky. – United States District Court Judge David J. Hale sentenced Louisville, Kentucky, man, Sukhjit Bains to 63 months in federal prison, followed by three years of supervised release and a $25,000 fine for being a felon in possession of firearms and for possessing methamphetamine with intent to distribute, announced United States Attorney Russell M. Coleman. There is no parole in the federal system.
“If you choose to deal drugs and possess a firearm as a convicted felon in Louisville then be prepared to go to federal prison,” stated U.S. Attorney Russell Coleman.
According to a plea agreement filed in the case, Bains, 44, was arrested on a bench warrant on February 24, 2017, for having escaped a work release program. When arrested, Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) agents found Bains in possession of a loaded 9mm pistol, and approximately an ounce of methamphetamine. On October 24, 2017, ATF agents executed a search warrant on Bains’ residence and recovered 26 firearms and approximately 11,000 rounds of ammunition. The firearms included fully-automatic weapons, assault rifles, handguns and silencers.
Assistant United States Attorney Jo E. Lawless prosecuted the case. The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and Louisville Metro Police Department investigated the case.
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. This sentencing is part of the Project Safe Neighborhoods Initiative in the Western District of Kentucky.
More Than 100 Defendants Charged Federally in 2018 Surge to Reduce Violent Crime in LouisvilleRead the Press Release
LOUISVILLE, Ky. – United States Attorney Russell M. Coleman announced that more than 100 previous felony offenders possessing firearms have been charged so-far this year as one part of the ongoing Project Safe Neighborhoods effort to tackle violent crime in Metro Louisville.
The indictments returned were a result of the ongoing partnership between federal prosecutors and their counterparts from the Jefferson County Commonwealth’s Attorney’s Office who work hand-in-hand with the Louisville Metro Police Department, the Bureau of Alcohol, Tobacco, & Firearms (ATF), and the Drug Enforcement Agency (DEA). The combined effort is a key component of the Department of Justice’s PSN initiative - which targets the area’s most violent offenders.” This round of indictments brings the total number of defendants charged under the initiative in 2018 to 105. Overall, compared to fiscal year (FY) 2017, the total number of federal firearms cases filed in FY 2018 rose to 115, representing an increase of 60 percent.
“With over seventy homicides and two hundred fifty shootings in Louisville this year, we’re not there yet. This is, however, another deposit on our promise that federal, state, and local law enforcement will work as one to take violent offenders and their guns off the streets of our city,” stated U.S. Attorney Russell M. Coleman. “More to come.”
“ATF is committed to our on-going partnerships with local, state and federal law enforcement agencies to reduce gun violence,” stated ATF Special Agent in Charge Stuart Lowrey of the Louisville Field Division. “During the past year, ATF investigated illegal sources of crime guns and those who illegally possessed and/or used guns to commit violent crimes in the Louisville Metro area. We will continue to aggressively pursue ‘traffickers and trigger pullers’ with every resource and technique available. In this way, ATF’s support of the Department of Justice’s Project Safe Neighborhoods is making our communities safer for everyone.”
“Our community continues to be better protected by the cooperative efforts between the United States Attorney’s Office and the Jefferson County Office of Commonwealth’s Attorney,” stated Jefferson County Commonwealth’s Attorney Tom Wine. “Prosecutors between our offices determine which jurisdiction can impose the maximum penalty. They work together to target those individuals who have illegally used or sold firearms in Jefferson County, threatening the safety of our citizens.”
One defendant charged this year, Elijah Eubanks, 20, of Louisville, Kentucky, had already been charged with attempted murder by the Jefferson County Commonwealth Attorney’s office for shooting at a police officer who approached his vehicle; he faces an additional federal charge of being a felon in possession of a firearm.
Another defendant, Jamar Garrison, 33, of Louisville, Kentucky, was convicted 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. Mr. Garrison had been released on bond for state drug trafficking charges for the last two years 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 had been using vehicles rented in the names of third parties in order to transport and traffic in heroin all over Louisville.
The latest round of indictments charges Ashlyn Marcum, 28, of Louisville, Kentucky, who was previously convicted in with assault of the 4th degree domestic violence twice in 2014, and again in 2018, with being a felon in possession of 37 firearms.
Joshua Bolin, 41, of Louisville, Kentucky, who was previously convicted of sexual abuse in the first degree in 2003, was also charged in the latest indictments with two counts of being a felon in possession of 27 firearms.
Defendants charged this year have previously been found guilty of numerous crimes including: burglary, facilitation to murder, manslaughter, cultivating marijuana with intent, narcotics trafficking, manufacturing methamphetamine, assault 4th degree domestic violence, sexual abuse in the first degree, second degree escape, fleeing/evading police, wanton endangerment, among other charges.
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 105 defendants qualify as Armed Career Criminals, facing a mandatory 15 year sentence, or repeat drug traffickers, facing a mandatory 20 years sentence and, in some cases, a mandatory life sentence.
These cases are being prosecuted by Assistant United States Attorneys Joe Ansari, Mike Bennett, Ann Marie Blaylock, Robert Bonar, Nute Bonner, Bryan Calhoun, Terry Cushing, Tom Dyke, Larry Fentress, Marisa Ford, Alicia Gomez, Amanda Gregory, Lettricea Jefferson-Webb, Joshua Judd, Corrine Keel, Jo Lawless, Jessica Malloy, 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 stalwart 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, and the United States Drug Enforcement Administration (DEA) and with significant collaboration with the Jefferson Commonwealth’s Attorney’s Office.
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.
Kroger Shooting Suspect Charged with Federal Hate Crimes and Firearm OffensesRead the Press Release
WASHINGTON – Gregory A. Bush, 51, was indicted today by a federal grand jury on hate crime and firearm charges arising out of the racially motivated murder of two African-American patrons at a Kroger grocery store, and the attempted murder of a third, on Oct. 24 in Jeffersontown, Kentucky. The indictment was announced by Acting Attorney General Matthew Whitaker, Assistant Attorney General Eric Dreiband for the Civil Rights Division, U.S. Attorney Russell Coleman, and FBI Louisville Special Agent in Charge James Robert Brown, Jr.
Today’s indictment charges Bush with hate crimes for shooting and killing two victims because of their race and color; and for shooting at a third man because of his race and color. The indictment also charges Bush for using and discharging a firearm during and in relation to those crimes of violence. The indictment alleges that Bush committed the offenses after substantial planning and premeditation, that he killed more than one person in a single criminal episode, and that he knowingly created a grave risk of death to others on the scene.
The maximum penalty for the charges in the indictment is life imprisonment or the death penalty. The Justice Department will determine at a later date whether, in this particular case, it will seek the death penalty.
"The crimes alleged in this indictment are horrific," Acting Attorney General Whitaker said. "We cannot and will not tolerate violence motivated by racism. We will bring the full force of the law against these and any other alleged hate crimes against fellow Americans of any race. And so I want to thank the FBI, Trial Attorney Christopher Perras, and Assistant United States Attorney Amanda Gregory for all of their hard work that has made this indictment possible. Today we take one step closer to justice for the victims and their families and one step closer to helping this community try to heal."
“There is no place for hate-fueled violence in our community or Commonwealth,” stated U.S. Attorney Russell Coleman. “Federal, state, and local law enforcement stand united to ensure that Kentuckians can shop, worship, or attend school without the specter of fear.”
“The tragic events of October 24, 2018, are a grim reminder of why the FBI prioritizes investigations of civil rights violations among the top of its criminal programs,” said FBI Louisville Special Agent in Charge James Robert Brown, Jr. “Today's indictment should be a reminder to those who are motivated by hate and are intent on committing violence; your hateful ideology will not have the last word. The FBI, and the Department of Justice, will be there, and you will be caught and prosecuted to the fullest extent of the law.”
“The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) is committed to working with our law enforcement partners to ensure justice for the victims, their families and the Louisville community throughout the investigation and prosecution of this alleged, hate-filled and violent crime,” stated Stuart Lowrey, Special Agent in Charge of the ATF Louisville Division. “Today, and every day, ATF’s ongoing priority is to reduce violent crime and secure the safety of our communities.”
An indictment is merely an accusation and the defendant is presumed innocent unless proven guilty.
This case has been investigated by the FBI Louisville Office, Bureau of Alcohol, Tobacco, Firearms and Explosives Louisville Field Division, and is being prosecuted by Trial Attorney Christopher J. Perras of the Civil Rights Division of the Department of Justice, and Assistant United States Attorney Amanda Gregory of the Western District of Kentucky.
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Estranged Husband Charged in 7 Count Indictment with Murder of Ft. Campbell SoldierRead the Press Release
PADUCAH, Ky. – United States Attorney Russell M. Coleman today announced the charging of Victor E. Silvers, by a federal grand jury with seven counts relating to the premeditated murder of Sgt. Brittney N. Silvers, who was killed on base at Fort Campbell, Kentucky.
Defendant Silvers, of Clarksville, Tennessee was charged in the indictment with: one count of first degree murder (premediated), attempted first degree murder (premeditated), domestic violence, violation of a protection order, possession of a firearm by a prohibited person, and two counts of the use of a firearm during the commission of a violent offense.
Silvers was originally charged in a criminal complaint filed on October 15, 2018. According to the affidavit in support of the criminal complaint, at approximately 10:00 pm CDT, a friend of Sgt. Silvers was socializing at her residence when someone later identified as Victor Silvers arrived at the residence and began banging on the door. The friend heard shouting between the individuals followed by a gunshot. A short time later, Victor Silvers entered a bathroom, where the friend had been during the altercation. The defendant, still armed with a handgun, entered the bathroom at which point a struggle ensued, and at least three times the firearm was discharged, and the friend was struck in the leg. A neighbor, who was walking his dog, heard gunshots and saw Victor Silvers shoot Brittney Silvers in front of her residence. Victor Silvers initially denied involvement in the crimes, but later confessed to investigators during an interview to shooting Brittney Silvers, according to the affidavit.
The charges carry a minimum sentence of no less than 25 years up to life imprisonment or death.
Silvers made his initial appearance in U.S. District Court on October 16, 2018 before United States Magistrate Judge Lanny King who ordered Silvers detained in the custody of the United States Marshals Service pending further proceedings of the Court.
Assistant United States Attorneys Seth Hancock, Leigh Ann Dycus, and U.S. Army Captain Tarik Downie, Special Assistant United States Attorney, are prosecuting the case. The investigation was conducted by the Army Criminal Investigation Division (CID), and the Federal Bureau of Investigation (FBI), with the assistance of the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF).
The indictment of a person by a Grand Jury is an accusation
only and that person is presumed innocent until and unless
proven guilty.Former Columbia, Kentucky Woman Sentenced to 10 Years for Arson Resulting in the Death of A FirefighterRead the Press Release
BOWLING GREEN, Ky. – A former Columbia, Kentucky, woman was sentenced today by United States District Judge Greg Stivers to 121 months of imprisonment on charges of arson and insurance fraud. The arson, which completely destroyed the defendant’s rental home and was set by her then boyfriend in order to collect on a $50,000 rental insurance policy, killed a Columbia/Adair County Volunteer Firefighter who was fighting the fire.
Steve Allen “Boo” Pritchard, 44, of Columbia, Kentucky, was sentenced to 30 years imprisonment on October 31, 2018. Brandi Pritchard, Steve Pritchard’s co-defendant and then girlfriend, purchased a $50,000 renter’s insurance policy on June 24, 2011; shortly thereafter Pritchard hatched a plan with his girlfriend, co-defendant Brandi Pritchard, to set fire to their Columbia rental home during the early morning hours of June 30, 2011. The Adair County Fire Department arrived on scene at approximately 3:12am. While fighting the fire, Volunteer Fireman Charles Sparks suffered cardiac arrest on the second floor of the home. He was rushed to the hospital but never regained consciousness and died eight days later on July 8, 2011, at the age of 49. In addition to serving as a firefighter, Sparks was also a longtime Kentucky State Fire Marshall. Mr. Sparks was survived by both of his parents, his wife, and his son.
At trial, “Boo” Pritchard provided an alibi that he was in Louisville delivering glass for his employer during the fire. However, his alibi was disproved by cell phone location data obtained by the FBI. Several witnesses also testified that Pritchard had bragged about starting the fires to collect on the insurance policy. It was also established at trial that Pritchard had been involved in setting four previous fires to collect insurance proceeds, one of which was Pritchard setting fire to his own car.
Brandi Pritchard pleaded guilty to both charges in a plea agreement on May 2, 2017.
This case was prosecuted by Assistant United States Attorneys David Weiser and Nute Bonner and was investigated by the Federal Bureau of Investigation and the Kentucky State Police.
Former LMPD Officer Indicted for Enticing Minors, Distribution, and Possession of Child PornRead the Press Release
LOUISVILLE, Ky. – A former Louisville Metro Police Department officer has been indicted by a federal grand jury for enticement, attempted enticement, possession of child pornography, transfer of obscene materials to a minor and distribution of child pornography.
“No person is above the law; especially one entrusted with the authority of a police officer, who then abuses that authority to prey on the vulnerable,” stated U.S. Attorney Russell M. Coleman. “Today’s multi-count indictment of Mr. Betts is a testament to that notion in the Western District of Kentucky”
“Today’s indictment is the first for Louisville’s Public Corruption Civil Rights Task Force, where we have combined local, state and federal resources to work together to investigate allegations of corruption or color of law violations,” said FBI SAC James Robert Brown Jr. “It is an example of the process working, and there will be others. The people of Louisville deserve to have confidence in their elected and law enforcement officials. This indictment serves as a reminder the Task Force will root out those who choose to violate this trust.”
The seven count Indictment charges Kenneth R. Betts, 34, of Shelbyville, Kentucky, with one count of distribution of child pornography, one count of possession of child pornography, three counts of enticement of an individual 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.
According to the Indictment: Betts enticed John Doe 1, an individual who was not yet 18 years old, between February 2006 and February 2008, to engage in sexual activity; Betts enticed John Doe 2, an individual who was not yet 18 years old, between May 2010 and May 2014, to engage in sexual activity; Betts enticed Jane Doe 1, an individual who was not yet 18 years old, between June 2013 and July 2013, to engage in sexual activity; and Betts attempted to entice John Doe 3, an individual who was not yet 18 years old, between September and November of 2014, to engage in sexual activity.
If convicted Betts faces no less than five years and no more than 20 years in prison for distribution of child pornography, no more than 10 years for possession of child pornography, no less than 10 years for each count of enticement and attempted enticement, and no more than 10 years for transfer of obscene material to a minor. The charges also carry a potential term of supervised release of no less than 5 years up to a term of life.
Assistant United States Attorney Jo E. Lawless is prosecuting the case, and it is being investigated by the Federal Bureau of Investigation (FBI) and the Louisville Metro Police Department Public Integrity Unit.
The indictment of a person by a Grand Jury is an accusation
only and that person is presumed innocent until and unless
proven guilty.$5.1 Million Dollar Settlement Reached with Indiana Dental Firm to Resolve False Claims AllegationsRead the Press Release
LOUISVILLE, Ky. – United States Attorney Russell M. Coleman announced today that ImmediaDent of Indiana, LLC (ImmediaDent), which operates nine dental care practices in Indiana, and Kansas based Samson Dental Partners, LLC (SDP), which provides administrative support services to ImmediaDent, have agreed to pay the United States and the State of Indiana $5.139 million to resolve allegations that they improperly billed Indiana’s Medicaid program for dental services; the companies have been determined to continue to be a high risk to the United States health care programs and their beneficiaries.
The settlement comes as part of a coordinated effort between the United States Attorney’s Office in the Western District of Kentucky, working on behalf of the Office of Inspector General (OIG) of the Department of Health and Human Services, and the Office of the Indiana Attorney General, Medicaid Fraud Control Unit.
“Let this be a warning to health care organizations that the United States government is watching, and will continue to watch for false claims no matter how large or small,” said United States Attorney Russell M. Coleman. “The United States Attorney’s office is protecting the taxpayers’ dollars every day with the help of our state and local partners.”
The companies are accused of submitting false claims for payment to Indiana’s Medicaid program between January 1, 2009, and September 30, 2013. Both companies are alleged to have submitted false claims to Indiana’s Medicaid program by (1) improperly billing simple tooth extractions as though they were surgical extractions and (2) improperly billing Scale and Root Planings (otherwise known as “deep cleanings”) that were either not performed or not medically necessary. Additionally, SDP is accused of violating Indiana’s law prohibiting the corporate practice of dentistry by improperly influencing ImmediaDent’s medical professionals and staff by rewarding production, disciplining employees for not meeting production objectives, and directing personnel in a manner which compromised clinical judgment.
SDP and ImmediaDent agreed to pay the United States $3,400,270.74 under the settlement. The companies also agreed to pay $1,782,729.26 to the state of Indiana. In connection with this settlement, OIG determined that the companies needed additional oversight. OIG proposed the companies enter into a Corporate Integrity Agreement that would require compliance measures and monitoring by OIG. The companies refused to agree to this oversight. OIG has determined that in the absence of such oversight, the companies pose a continuing high risk to the Federal health care programs and their beneficiaries.
“Working to recover taxpayer funds taken through fraud and other illegal means is part of our responsibility as stewards of the public trust,” said Indiana Attorney General Curtis Hill. “We appreciate the collaboration of our federal partners in this particular case and we intend to remain vigilant going forward to make sure Medicaid monies are used for their designated purposes.”
This matter arose as a complaint for monetary damages under the qui tam provisions of the federal False Claims Act and Indiana’s False Claims Act. The relator, Dr. Jihaad Abdul-Majid, filed a qui tam action on February 20, 2013, in the United States District Court for the Western District of Kentucky captioned United States ex rel. Jihaad Abdul-Majid, et al. v. ImmediaDent Specialty, P.C., et al., Civil Action No. 3:13-cv-222-CRS.
Assistant United States Attorney Benjamin S. Schecter handled the case for the United States in coordination with Indiana Deputy Attorney General Lawrence J. Carcare II. The Department of Health and Human Services Office of Inspector General, Defense Criminal Investigative Services, and the Indiana Attorney General’s Medicaid Fraud Control Unit assisted in the investigation.
Repeat Felony Offender Sentenced to 7 Years for Gun PossessionRead the Press Release
LOUISVILLE, Ky. – United States District Judge Rebecca Grady Jennings sentenced Rodney W. Davis, a criminal with nine prior felony convictions, to 84 months imprisonment, followed by 3 years of supervised release for possession of a firearm and ammunition, announced United States Attorney Russell M. Coleman. There is no parole in the federal system.
“This sentence is what results from real collaboration between the feds, state, and local law enforcement; we’re aggressively targeting the most dangerous career offenders and getting them off of the streets of our city,” said United States Attorney Russell M. Coleman.
Davis, 51, from Louisville, Kentucky admitted in plea agreement on June 26, 2018 to being a prohibited person in possession of a firearm.
The prosecution came as part of a traffic violation occurring on November 12, 2016 at approximately 12:55 a.m. when two Louisville Metro Police Department Detectives observed a white 2003 Chrysler minivan make a right turn onto South Preston Street from West Camp Street without using a turn signal. The minivan, driven by Davis, subsequently turned left onto eastbound Camp Street without using a signal (again) and then made an illegal U-turn blocking both lanes of Camp Street. The detectives made a traffic stop and could plainly observe Davis making movements with his hands toward the center console of the car. Davis ignored demands by the officers to “show your hands.” One of the officers opened the driver door and assisted Davis out of the vehicle. While doing so, he noticed a plastic baggie in Davis’ left hand which contained a white powdery substance. The baggie turned out to contain 4.2 grams of crack cocaine.
Based upon the probable cause established by the apparent presence of controlled substances in the car, a search of the van revealed a “handle up” Kel-Tec semi-automatic .32 caliber handgun between the driver’s seat and the center console of the vehicle. When officers ran the serial number of the gun through NCIC, the results confirmed that the gun was stolen.
Davis was previously convicted in state court of complicity to trafficking cocaine in 2013, possession of a controlled substance (cocaine) in 2007, possession of a controlled substance (cocaine) in 2006, possession of a controlled substance (cocaine) 2002, possession of a controlled substance (cocaine) in May of 1997 and again in November of 1997, sexual abuse in 1990, and possession of a controlled substance in 1988.
The case was prosecuted by Assistant United States Attorney Randy Ream and investigated by the Louisville Metro Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).
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The U.S. Attorney’s Office is partnering with federal, state, local 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.
Columbia, Kentucky Man Sentenced to 30 Years for Arson and Insurance FraudRead the Press Release
BOWLING GREEN, Ky. – A Columbia, Kentucky man was sentenced today in United States District Court by Judge Greg Stivers to 360 months of imprisonment on charges of arson and insurance fraud. Steve Allen “Boo” Pritchard, 44, started a fire that completely destroyed his rental home to collect on a recently purchased $50,000 rental insurance policy. Columbia/Adair County Fire Department Assistant Chief Charles Sparks died fighting the fire.
“While this 30 year sentence does not return a devoted public servant, friend, and family member to the Adair County community, it should give crystal clear notice to those who would engage in arson for profit that the United States Attorney’s Office will seek significant punishment for such conduct,” stated U.S. Attorney Russell M. Coleman.
Brandi Pritchard, Steve Pritchard’s co-defendant and then girlfriend, purchased a $50,000 renter’s insurance policy on June 24, 2011. Shortly thereafter Steve Pritchard, of Columbia, Kentucky, hatched a plan to set fire to their Columbia rental home, and the fire was set during the early morning hours of June 30, 2011. The Columbia/Adair County Fire Department arrived on scene at approximately 3:12 a.m. Assistant Chief Charles Sparks suffered cardiac arrest while fighting the fire on the second floor of the home. He was rushed to the hospital but never regained consciousness and died eight days later, on July 8, 2011, at the age of 49. In addition to his volunteer fire fighting, Sparks was also a longtime Kentucky State Fire Marshall. Mr. Sparks was survived by both of his parents, his wife, and his son.
At his July 2018 trial, Pritchard provided an alibi that he was in Louisville delivering glass for his employer during the fire. However, his alibi was disproved by cell phone location data obtained by the FBI. Several witnesses also testified that Pritchard had bragged about starting the fire to collect on the insurance policy. It was also established at trial that Pritchard was involved in setting four previous fires to collect insurance proceeds, including two other residences and two cars. The jury found Pritchard guilty as charged after a four day trial.
At Pritchard’s sentencing, Sparks’ mother, Mrs. Helen Sparks, told Judge Stivers, “Our lives have never been the same since the early hours of June 30, 2011.” Judge Stivers called Pritchard’s crime a “dastardly and depraved act” before imposing Pritchard’s 30-year term of imprisonment.
Pritchard’s co-defendant, Brandi Pritchard, who remains free on bond, has already pled guilty to arson and wire fraud and will be sentenced by Judge Stivers in Bowling Green on November 13, 2018.
This case was prosecuted by Assistant United States Attorneys David Weiser and Nute Bonner and was investigated by the Federal Bureau of Investigation and the Kentucky State Police.
U.S. Attorney Coleman Announces District Election OfficerRead the Press Release
LOUISVILLE, Ky. – United States Attorney Russell M. Coleman announced today that Assistant United States Attorney Thomas Dyke will lead the efforts of the Office in connection with the Justice Department’s nationwide Election Day Program for the upcoming November 6, 2018, general election. AUSA Dyke has been appointed to serve as the District Election Officer (DEO) for the Western District of Kentucky, and in that capacity is responsible for overseeing the District’s handling of complaints of election fraud and voting rights abuses in consultation with Justice Department Headquarters in Washington, D.C.
United States Attorney Russell Coleman said, “Every Kentuckian must be able to vote without interference or discrimination and to have that vote counted without it being stolen through fraud. The Department of Justice will act promptly and aggressively to protect the integrity of the election process.”
The Department of Justice has an important role in deterring election fraud and discrimination at the polls, and combating these violations whenever and wherever they occur. The Department’s long-standing Election Day Program furthers these goals, and also seeks to ensure public confidence in the integrity of the election process by providing local points of contact within the Department for the public to report possible election fraud and voting rights violations while the polls are open on Election Day.
Federal law protects against such crimes as intimidating or bribing voters, buying and selling votes, impersonating voters, altering vote tallies, stuffing ballot boxes, and marking ballots for voters against their wishes or without their input. It also contains special protections for the rights of voters, and provides that they can vote free from acts that intimidate or harass them. For example, actions of persons designed to interrupt or intimidate voters at polling places by questioning or challenging them, or by photographing or videotaping them, under the pretext that these are actions to uncover illegal voting may violate federal voting rights law. Further, federal law protects the right of voters to mark their own ballot or to be assisted by a person of their choice (where voters need assistance because of disability or illiteracy).
The franchise is the cornerstone of American democracy. We all must ensure that those who are entitled to the franchise exercise it if they choose, and that those who seek to corrupt it are brought to justice. In order to respond to complaints of election fraud or voting rights abuses on November 6, 2018, and to ensure that such complaints are directed to the appropriate authorities, United States Attorney Coleman stated that AUSA/DEO Dyke will be on duty in this District while the polls are open. He can be reached by the public at the following telephone number: (502) 625-7042.
In addition, the FBI will have special agents available in each field office and resident agency throughout the country to receive allegations of election fraud and other election abuses on Election Day. The Louisville FBI field office can be reached by the public at (502) 263-6000.
Complaints about possible violations of the federal voting rights laws can be made directly to the Civil Rights Division’s Voting Section in Washington, DC by phone at 1-800-253-3931 or (202) 307-2767, by fax at (202) 307-3961, by email to [email protected] or by complaint form at http://www.justice.gov/crt/complaint/votintake/index.php.
United States Attorney Coleman said, “Ensuring free and fair elections depends in large part on the cooperation of the American electorate. Those who have specific information about discrimination or election fraud should make that information available immediately to my office, the FBI, or the Civil Rights Division.”
Justice Department’s Criminal Division Creates Appalachian Regional Prescription Opioid Strike Force to Focus on Illegal Opioid PrescriptionsRead the Press Release
WASHINGTON - Assistant Attorney General Brian A. Benczkowski of the Justice Department’s Criminal Division today announced the formation of the Appalachian Regional Prescription Opioid Strike Force (ARPO Strike Force), a joint law enforcement effort that 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 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.
Assistant Attorney General Benczkowski was joined in the announcement by U.S. Attorney Robert M. Duncan Jr. for the Eastern District of Kentucky; U.S. Attorney Russell M. Coleman for the Western District of Kentucky; U.S. Attorney Benjamin C. Glassman for the Southern District of Ohio; U.S. Attorney William J. Powell for the Northern District of West Virginia; U.S. Attorney Michael B. Stuart for the Southern District of West Virginia; U.S. Attorney J. Douglas Overbey for the Eastern District of Tennessee; U.S. Attorney Donald Q. Cochran for the Middle District of Tennessee; U.S. Attorney D. Michael Dunavant for the Western District of Tennessee; U.S. Attorney Jay E. Town for the Northern District of Alabama; Assistant Director Robert Johnson of the FBI’s Criminal Investigative Division; Deputy Inspector General for Investigations Gary L. Cantrell of the Department of Health and Human Services Office of Inspector General (HHS-OIG) and Assistant Administrator John J. Martin of the DEA Diversion Control Division.
“While the opioid epidemic continues to inflict untold pain and suffering on people across the country, the devastation in the Appalachian region and adjacent areas has been particularly staggering,” said Assistant Attorney General Benczkowski. “It is all the more reprehensible when unscrupulous physicians and pharmacies contribute to the epidemic by illegally supplying dangerous prescription painkillers. Working with our partners in U.S. Attorney’s Offices and law enforcement, the Appalachian Regional Prescription Opioid Strike Force will combat illegal prescription opioids and health care fraud by holding accountable corrupt medical professionals who seek to profit off the crisis of opioid addiction.”
“The creation of the Appalachian Regional Prescription Opioid Strike Force will bring together critical resources from the FBI and our partners to fight health care fraud in this region and the growing opioid epidemic that faces the United States,” said FBI Assistant Director Johnson. “Healthcare fraud touches every corner of the United States, and through this strike force, the FBI will continue our tireless work to combat illegal opioid prescriptions and bring to justice those medical professionals who put their greed over the health and wellbeing of their patients.”
“The opioid epidemic has had a devastating impact on Americans across the country, including the people of the Appalachian region,” said HHS-OIG Deputy Inspector General for Investigations Cantrell. “The Strike Force model is a proven mechanism to target illicit conduct and hold accountable criminals involved in illegal opioid prescription and distribution schemes. We will continue to work closely with our federal, state, and local law enforcement partners to curb this damaging epidemic.”
“Our nation’s opioid crisis requires us to work with unprecedented urgency in attacking drug diversion at every level,” said DEA Assistant Administrator Martin. “These joint strike force efforts will save lives, while allowing us to better target and bring to justice those who facilitate addiction and profit at the expense of the weakest and most afflicted.”
Prior to this announcement, the HCF Unit operated Medicare Fraud Strike Force’s in 12 locations across the United States including Miami, Florida; Los Angeles, California; Detroit, Michigan; Houston, Texas; Brooklyn, New York; Baton Rouge and New Orleans, Louisiana; Tampa/Orlando, Florida; Chicago, Illinois; and Dallas, Texas, along with a Corporate Strike Force located in Washington, D.C., and the Newark/Philadelphia Regional Medicare Fraud Strike Force. The Strike Forces represent a partnership between the Criminal Division, U.S. Attorney’s Offices, the FBI, HHS-OIG and the DEA.
The ARPO Strike Force will be made up of prosecutors and data analysts with the HCF Unit, prosecutors with the nine U.S. Attorney’s Offices in the region, and special agents with the FBI, HHS-OIG and DEA. The ARPO Strike Force will operate out of two hubs based in the Cincinnati/Northern Kentucky, and Nashville, Tennessee, areas, supporting the nine districts that make up the ARPO Strike Force region. In addition, the APRO Strike Force will work closely with other various federal law enforcement agencies, including the U.S. Postal Inspection Service and IRS Criminal Investigation, and State Medicaid Fraud Control Units.
The ARPO Strike Force will target criminal conduct associated with the improper prescription and distribution of prescription opioids and other dangerous narcotics throughout the Appalachian region and surrounding areas – focusing on criminal conduct by physicians, pharmacists, and other medical professionals. The ARPO Strike Force will also investigate and prosecute violations of health care fraud whenever such fraud is detected throughout the region.
In June, Attorney General Jeff Sessions and Department of Health and Human Services (HHS) Secretary Alex M. Azar III noted the success of the Strike Force model while announcing the largest ever health care fraud enforcement action involving 601 charged defendants across 58 federal districts, including 165 doctors, nurses and other licensed medical professionals, for their alleged participation in health care fraud schemes involving more than $2 billion in false billings. Of those charged, 162 defendants, including 76 doctors, were charged for their roles in prescribing and distributing opioids and other dangerous narcotics. More information can be obtained at https://www.justice.gov/opa/documents-and-resources-june-28-2018.
In August, Assistant Attorney General Benczkowski announced the Newark/Philadelphia Medicare Fraud Strike Force, which focuses on health care fraud and illegal opioid prescriptions in the Newark/Philadelphia region.
The Strike Force operations are part of a joint initiative between the Department of Justice and HHS to focus their efforts to prevent and deter fraud and enforce current anti-fraud laws around the country. Since its inception in March 2007, the prosecutors in the 12 Medicare Fraud Strike Force locations have charged over 4,000 defendants who collectively have falsely billed the Medicare program for over $14 billion. Since January 2017, the HCF Unit has charged over 85 defendants, including 33 doctors with the illegal prescription of opioids (nearly 30 million pills).
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Fifty-Four Months in Prison for Defendant Part of Health Care Fraud SchemeRead the Press Release
LOUISVILLE, Ky. – U.S. District Court Judge Rebecca G. Jennings sentenced Ariel Borrego-Hernandez, of Naples, Florida, to 54 months in prison, followed by 3 years supervised release for health care fraud, money laundering, and drug trafficking, announced United States Attorney Russell M. Coleman.
The Court also ordered Borrego-Hernandez to pay $89,161.81 in restitution, and over $53,000 in fortified cash.
According to the evidence before the Court, beginning no later than on or about June 12, 2012, and continuing through on or about November 1, 2014, Lopez, Ledinson Chavez, Oskel Lezcano, Ariel Borrego-Hernandez, Sergio Betancourt and Yuriesky Diaz Rodriguez recruited unsuspecting chiropractors for employment in Louisville area chiropractic clinics in order to obtain and use the chiropractors’ names and National Provider Identifiers (NPI) to fraudulently bill insurance companies. Each chiropractor provided his/her National Provider Identifier (NPI) number to Lopez and Lezcano in order to credential the clinics with various insurance companies
Thereafter, the group of defendants recruited employees from Jeffboat and others to seek chiropractic services from the clinics. However, unbeknownst to the chiropractors, the clinics billed approximately $5,000,000 for methocarbamol injections (a muscle relaxant), using the patients’ names, dates of birth, insurance/policy numbers, addresses, and patient IDs/Social Security Numbers for injections. Most of the patients from Jeffboat were paid to go to the clinics by the defendants and were told the injections were being billed, according to testimony during trial.
Borrego-Hernandez, Lopez, Lezcano, Betancourt, and Chavez operated and controlled multiple chiropractic clinics in the Louisville area including: Xpress Diagnostics Center, Inc.; Prudential Chiropractic Medical Center, PLLC; Klondike Chiropractic Medical Center, LLC; Be Well Chiropractic Center, Corp.; Chiropractic and Medical Center, LLC, even though the clinics were placed in various chiropractors’ names.
According to additional court documents on or about March 14, 2017, and March 17, 2017, while on pre-trial release, Borrego and Lopez conspired to traffic in marijuana – which caused about 109 pounds of marijuana to be transported from Colorado to Kentucky.
Assistant United States Attorneys Joseph Ansari, Lettricea Jefferson-Webb and Christopher Tieke prosecuted the case and were assisted by Bob Masterson as health care fraud investigator. The case was investigated by the Federal Bureau of Investigation, the United States Postal Inspection Service, the Internal Revenue Service Criminal Investigation, the Louisville Metro Police Department, and the National Insurance Crime Bureau.
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Jury Convicts Meade County Man for Violating Federal Child Exploitation LawRead the Press Release
LOUISVILLE, Ky. – A Meade County, Kentucky, man was convicted last week for accessing the Internet with intent to view child pornography, announced United States Attorney Russell M. Coleman. The jury convicted Dennis Ammons, age 58, on October 12, 2018, following a three-day jury trial.
“This conviction is the product of a courageous victim and a dogged career federal prosecutor, collaborating to seek justice and protect other Kentucky kids,” stated U.S. Attorney Russell M. Coleman.
According to a pre-trial memo and evidence introduced during the trial, on December 15, 2015, law enforcement officials executed a federal search warrant on Ammons’ home and seized nearly 200 digital devices such as laptop computers, hard drives, tablets, thumb drives and memory cards. Forensic examination of the devices revealed evidence of Ammons’ online activities concerning child pornography. Seven of the devices contained videos or still images depicting the sexual exploitation of children.
Sentencing is set for Tuesday, January 22, 2019, before United States District Court Judge Claria Horn Boom. Ammons faces a maximum sentence of 10 years in prison and at least five years of Supervised Release. He will have to register as a child sex offender upon his release from federal prison. There is no parole in the federal system.
Assistant United States Attorney Jo E. Lawless prosecuted the case with assistance from paralegal Mary Kennedy. The Federal Bureau of Investigation, with assistance from the Department of Homeland Security Federal Protective Service, investigated the case.
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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.
Estranged Husband Charged with Murder of Ft. Campbell SoldierRead the Press Release
PADUCAH, Ky. – United States Attorney Russell M. Coleman today announced the charging of Victor E. Silvers, with the premeditated murder of Sgt. Brittney N. Silvers, who was killed on base at Fort Campbell, Kentucky.
Defendant Silvers, of Clarksville, Tennessee was charged in a criminal complaint filed on October 15, 2018, with : first degree murder (premeditated), attempted first degree murder (premeditated), interstate domestic violence, possession of a firearm by a prohibited person, and two counts of the use of a firearm during the commission of a violent offense.
Brittney Silvers had a restraining order against Victor Silvers and was seeking a divorce at the time of the incident.
At approximately 10:00 pm CDT, a friend of Sgt. Silvers was socializing at her residence when someone later identified as Victor Silvers arrived at the residence and began banging on the door, according to the affidavit in support of the criminal complaint. The friend heard shouting between the individuals followed by a gunshot. A short time later, Victor Silvers entered a bathroom, where the friend had been during the altercation. The defendant, still armed with a handgun, entered the bathroom at which point a struggle ensued, and at least three times the firearm was discharged, and the friend was struck in the leg.
A neighbor, who was walking his dog, heard gunshots and saw Victor Silvers shoot Brittney Silvers in front of her residence, according to the affidavit.
Victor Silvers initially denied involvement in the crimes, but later confessed to investigators during an interview to shooting Brittney Silvers, according to the affidavit.
The first degree murder charge carries a maximum punishment of up to death or a term of life in prison.
Silvers made his initial appearance in U.S. District Court before United States Magistrate Judge Lanny King who ordered Silvers detained in the custody of the United States Marshals Service pending further proceedings of the Court.
Assistant United States Attorneys Seth Hancock, Leigh Ann Dycus, and U.S. Army Captain Tarik Downie, Special Assistant United States Attorney are prosecuting the case. The investigation was conducted by the Army Criminal Investigation Division (CID),the Federal Bureau of Investigation (FBI) with the assistance of the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF).
Pharmacist Indicted for Taking Drugs, Carrying Firearm in Violation of Court OrderRead the Press Release
PADUCAH, Ky. – A Benton, Kentucky pharmacist was charged by a federal grand jury indictment for stealing medications, announced United States Attorney Russell M. Coleman.
The indictments charge Kyle W. Humphrey, age 34, with 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 and has also been charged in a separate indictment with that felony.
According to the indictment, on or about August 9, 2017, while working for a pharmacy in Calloway County, Humphrey concealed pre-retail medical products including: Finasteride, Allopurinol, Eliquis ®, Strattera®, ProAir® HFA, Farxiga®, Cefprozil, Tamiflu®, Duloxetine, Aripiprazole, Ergocalciferol, Levofloxacin, Bystolic®, Xarelto®, Clindamycin Palmitate HCL, Mylan® Norethindrone tablets, Camilia® Norethindrone tablets, Testosterone gel tubes, and Testosterone Cypionate. Between April 9, 2017 and August 9, 2017, Humphrey altered the labeling of allopurinol, a drug held for sale in the pharmacy. He is also charged with obtaining identifiable health information relating to an individual with the intent to use the information for personal gain.
“When prescription drugs are diverted from the legal supply chain, there is no longer any assurance that the products are safe and effective for their intended uses,” said Mark S. McCormack, Special Agent in Charge, FDA Office of Criminal Investigations. “We will continue to pursue and bring to justice those who jeopardize consumers’ trust in their medications.”
Humphrey, was prohibited from carrying firearms as part of a court order issued by Calloway County Family Court on August 17, 2017; on January 2, 2018, Humphrey violated that order and was also charged with being a prohibited person in possession of a firearm.
If convicted, Humphrey faces no more than 20 years for concealment of pre-retail medical products, no more than three years for misbranding drugs, and no more than 10 years for wrongful use of health information. Humphrey also faces no more than 10 years for possessing a firearm while under a Domestic Violence Order.
Assistant United States Attorney Madison Sewell is prosecuting the case. 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.
New Prosecutors Added to U.S. Attorney's Office in Louisville to Combat Violent Crime and Fraud Against the TaxpayersRead the Press Release
LOUISVILLE, Ky. – United States Attorney Russell M. Coleman announced today that his office has added five new Assistant United States Attorneys; a historic addition, boosting the prosecutorial caseload of the office to tackle violent crimes through the Project Safe Neighborhoods initiative and increasing the office’s ability to combat fraud against the taxpayers.
“I could not be more excited to swear-in these talented and motivated new Assistant U.S. Attorneys today,” stated U.S. Attorney Russell Coleman. “As they embody “putting our money where our mouth is” in promising to tackle violent crime and drug trafficking in our Commonwealth.”
The addition of the five new federal prosecutors is part of a promise to crack down on violent crime in the 53 Counties of the Western District of Kentucky. With the addition of the new Assistant United States Attorneys the office now employs more than 40 full-time federal prosecutors. This increase in prosecutorial resources also includes three Assistant U.S. Attorneys in the Paducah field office; a first-ever long term dedication of this level of resources to the Purchase and Pennyrile areas of the Commonwealth.
One year ago, the Department of Justice announced the revitalization and enhancement of Project Safe Neighborhoods (PSN), which Attorney General Sessions has made the centerpiece of the Department’s violent crime reduction strategy. PSN is a commitment to aggressively reduce violent crime across the country, including all 53 counties in the Western District through true partnerships with all levels of law enforcement. Last month, U.S. Attorney Coleman announced that 84 total federal gun cases in Louisville had been brought this calendar year of as part of the PSN program in an effort to crack down against violent criminal activity in Jefferson County, with other indictments targeting violent offenders to be announced later this year.
“Project Safe Neighborhoods is a proven program with demonstrated results,” Attorney General Jeff Sessions said. “We know that the most effective strategy to reduce violent crime is based on sound policing policies that have proven effective over many years, which includes being targeted and responsive to community needs. I have empowered our United States Attorneys to focus enforcement efforts against the most violent criminals in their districts, and directed that they work together with federal, state, local, and tribal law enforcement and community partners to develop tailored solutions to the unique violent crime problems they face. Each United States Attorney has prioritized the PSN program, and I am confident that it will continue to reduce crime, save lives, and restore safety to our communities.”
The new Western District of Kentucky Assistant United States Attorneys include:
- Ann Marie Blaylock comes to the office from the United States Department of Justice in Washington, D.C where she served six-years, most recently as a Senior Trial Attorney in the Money Laundering and Asset Recovery Section of the Criminal Division. She successfully prosecuted the United States v. Eric Christopher Conn case. The Harvard Law School graduate also secured a conviction against former FBI counterintelligence agent Robert Lustyik.
- Hannah Choate joins the office from private practice working regulatory compliance matters, government and internal investigations, and complex commercial litigation as a law firm associate in Washington D.C. and New York. Hannah has represented clients since 2012 in multiple high profile cases before the Department of Justice and the Securities and Exchange Commission. Hannah graduated from New York University School of Law, and graduated summa cum laude with a B.A. in Political Science and Global Studies from the University of Tennessee.
- Nicole Elver served as the past four-years as a partner with a law firm in Louisville conducting investigations and representing clients in criminal and civil and regulatory matters involving financial crimes, such as money laundering, fraud and securities fraud. Nicole also served as an associate with another law firm in Louisville from 2009 to 2014, and as staff attorney with the U.S. Securitas and Exchange Commission from 2001 to 2008; Nicole graduated with honors from Marquette University Law School.
- Alicia Gomez comes to the office after nearly eight years as an Assistant Commonwealth Attorney in Jefferson County. She is an experienced trial attorney with a wide range of cases, including murders and sexual offenses, drug crimes and firearms offenses. Most recently she worked with the Heroin Rocket Docket and the Special Victims Unit. Alicia graduated from both undergraduate and law school from the University of Louisville.
- Timothy Thompson is a 2011 graduate of the University of Kentucky College of Law where he graduated with honors and served as the Editor-in-Chief of the Kentucky Law Journal. Following law school, Tim clerked for two years for Judge Gregory Van Tatenhove in the United States District Court for the Eastern District of Kentucky. Following his clerkship, and for the past five years, Tim has practiced in Louisville and was a member of his law firm’s business litigation practice team where he represented various types of corporate clients, defending them from claims like breach of contract, fraud, negligence, consumer protection, and federal civil rights.
Additional Federal Prosecutor Added to Paducah Office to Combat Drug Trafficking and Violent CrimeRead the Press Release
PADUCAH, Ky. – During a formal investiture and community event in Paducah, United States Attorney Russell M. Coleman announced today the full-time addition of Leigh Ann Dycus as an Assistant United States Attorney in the Paducah field office and reaffirmed his commitment to the Purchase and Pennyrile Regions through the Project Safe Neighborhoods Initiative.
““The Feds” are committed to being better partners to Purchase & Pennyrile area law enforcement in protecting Kentucky families,” stated U.S. Attorney Russell Coleman. “The president has emphasized that there are no fly-over areas of our country, and this dedication of federal resources to Paducah demonstrates that every region of our Commonwealth matters.”
The addition of a third full-time prosecutor in Paducah is part of a continued pledge to support federal, state, and local law enforcement partners in reducing criminal activity in all 53 counties of the Western District of Kentucky. The U.S. Attorney’s Office in Paducah has never had sustained prosecutor staffing at this level. This allocation of resources is closely-tied to robust activity by the Bureau of Alcohol, Tobacco, and Firearms (ATF) in the area and the recent announcement by the Drug Enforcement Administration (DEA) of the first-time ever opening of an office in Paducah.
Dycus joins Assistant United States Attorney Seth Hancock, Branch Manager of the Paducah office, and Assistant United States Attorney Madison Sewell in prosecuting cases before U.S. District Judges, in United States District Courts, located in Paducah, Owensboro and Bowling Green.
As an Assistant Commonwealth’s Attorney in McCracken County, Dycus specialized in violent sexual crimes, crimes against children and drug prosecutions. She was named Assistant Commonwealth’s Attorney of the year in 2018. Dycus has served in the United States Attorney’s Office as a Special Assistant United States Attorney since May, 2018, prosecuting federal drug and gun offenders.
“Leigh Ann joined our office as an intern and later became a full-time prosecutor in 2014, during her time with us she became one of the top prosecutors in the office, and could always be counted on to do the right thing - no matter how difficult that might be,” McCracken County Commonwealth Attorney Dan Boaz said. “While she is moving to the United States Attorney’s Office I don’t feel like we’re losing her, because we have a strong partnership with our local U.S. Attorney’s Office; we work together to fight against violent crime and the massive influx of methamphetamine and other dangerous drugs coming into the community.”
“Way down here in the Purchase we are often paranoid, thinking that the rest of the state forgets we exist because of the distance involved,” said Justice Bill Cunningham, a former prosecutor who represents the Purchase region in the Kentucky Supreme Court. “It is reassuring to have U.S. Attorney Russell Coleman to provide the extra prosecutor for us. And, we are also grateful he picked a dandy in Leigh Ann Dycus.”
One year ago, the Department of Justice announced the revitalization and enhancement of Project Safe Neighborhoods (PSN), which Attorney General Sessions has made the centerpiece of the Department’s violent crime reduction strategy. PSN is a commitment to aggressively reduce violent crime across the country, including all 53 counties in the Western District through true partnerships with all levels of law enforcement. Recently a number of indictments were announced in Mayfield, Kentucky as part of the PSN program in an effort to crack down against violent criminal activity in Graves County.
“Project Safe Neighborhoods is a proven program with demonstrated results,” Attorney General Jeff Sessions said. “We know that the most effective strategy to reduce violent crime is based on sound policing policies that have proven effective over many years, which includes being targeted and responsive to community needs. I have empowered our United States Attorneys to focus enforcement efforts against the most violent criminals in their districts, and directed that they work together with federal, state, local, and tribal law enforcement and community partners to develop tailored solutions to the unique violent crime problems they face. Each United States Attorney has prioritized the PSN program, and I am confident that it will continue to reduce crime, save lives, and restore safety to our communities.”
Repeat Child Sex Offender Pleads Guilty to Possessing Child PornRead the Press Release
LOUISVILLE, Ky. – A convicted child sex offender pleaded guilty before United States District Court Judge Greg N. Stivers, to possessing child pornography, announced United States Attorney Russell M. Coleman.
Lawrence William Taylor, 68, was indicted on one count of possession of child pornography on July 25, 2018.
According to the plea agreement, Taylor in 2004 pleaded guilty to online enticement of a minor in Georgia, and was sentenced to 168 months of imprisonment followed by 5 years of supervised release. Upon his release from prison in 2016, Taylor moved to Big Clifty, Kentucky. During an unannounced visit to his home on January 11, 2018, Taylor was found to have a female and an 11-year-old child living with him – a violation of his supervised release. During a follow-up meeting, a United States Probation Officer obtained consent for a search of Taylor's cell phone. The United States Secret Service conducted a forensic examination of the cell phone. That examination revealed the presence of child pornography, adult pornography, and sexually explicit images of children in cartoon format. Taylor obtained the images from the internet.
Taylor faces a minimum 10 year term of imprisonment, a maximum 20 years of imprisonment, a maximum fine of $250,000, and supervised release of at least 5 years and up to life.
Assistant United States Attorney Jo E. Lawless is prosecuting the case. The United States Probation Office with assistance from the United States Secret Service investigated the case.
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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.
Fort Knox Soldier Pleads Guilty to Production of Child Porn by Parent, Transportation and Possession of Child PornRead the Press Release
LOUISVILLE, Ky. – A Fort Knox, Kentucky soldier pleaded guilty today before United States District Judge Rebecca Grady Jennings, 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.
Andrew Paul Schmidt, 40, was arrested on a federal criminal complaint on December 4, 2017. 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.
According to the criminal complaint, on December 4, 2017, Schmidt utilized KiK messenger to communicate with an individual online, which unbeknownst to Schmidt, was an undercover Federal Bureau of Investigation (FBI) special agent. During the course of the online conversation, Schmidt sent the undercover agent images of his five-year-old daughter.
Schmidt faces a mandatory minimum sentence of 15 years in prison and could be sentenced up to 370 years in prison. Further, Schmidt faces a minimum term of 5 years supervised release up to a maximum term of supervised release for life, and a $4 million fine. Sentencing is scheduled for January 17, 2019, at 10 AM in Louisville before Judge Jennings.
Assistant United States Attorney Joshua Judd and United States Army Captain Greta L. Mattessich, Special Assistant United States Attorney, are prosecuting the case. The Federal Bureau of Investigation 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.
Brandenburg Man Sentenced to 10 Years for Attempted Child Exploitation, Distribution of Obscene Material to a MinorRead the Press Release
LOUISVILLE, Ky. – U.S. District Judge David J. Hale sentenced Jeffrey Adam Stone to 10 years in federal prison followed by 20 years of Supervised Release today for two child exploitation offenses, announced United States Attorney Russell M. Coleman. Stone will be required to register as a sex offender upon his release from prison.
“We will continue to deploy every lawful investigative tool, and every law enforcement partnership, to protect our kids,” said United States Attorney Russell M. Coleman.
Stone, 31, of Brandenburg, Kentucky in Meade County, admitted in a Plea Agreement in May to online communications with a person he believed to be a 15-year-old girl for the purpose of meeting her to engage in sexual conduct. He also admitted to sending obscene material to the girl.
According to the Plea Agreement and other court records, law enforcement officials became aware of Stone’s conduct as the result of an online undercover operation. In November 2016, an investigator with the Kentucky Attorney General’s Department of Criminal Investigations placed an ad on Craigslist. That same day, Stone responded to the ad. During their initial communications, the investigator advised that he was a 15-year-old girl. Stone continued the communications and directed them to a sexual nature. Specifically, on numerous occasions, he requested to meet the girl to engage in sex acts. He also sent sexually explicit pictures of himself to the person he thought was a 15-year-old girl.
Assistant United States Attorney Jo E. Lawless prosecuted the case. The Kentucky Office of Attorney General’s Department of Criminal Investigations conducted the investigation with assistance from the United States Secret Service.
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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.
Louisville Man Sentenced for Attempted Distribution of Obscene Material to a MinorRead the Press Release
LOUISVILLE, Ky. – U.S. District Judge Claria Horn Boom sentenced Scott Louis Craven to 48 months in federal prison followed by 20 years of Supervised Release this week for distribution of obscene material to a person he believed to be a 15-year-old girl, announced United States Attorney Russell M. Coleman. Craven will be required to register as a sex offender upon his release from prison.
According to court records and the plea agreement, during April 2017, an investigator with the Kentucky Attorney General’s Office – Department of Criminal Investigations conducted an online undercover investigation. During that investigation, the investigator (in his undercover capacity), was contacted by Craven while both were using the social media platform KIK. The investigator identified himself as a 15-year-old girl from Louisville. During the online conversations, particularly on April 28, 2017, Craven sent the undercover investigator nude images of himself along with sexually graphic videos.
Assistant United States Attorney Jo E. Lawless prosecuted the case. The Kentucky Office of Attorney General’s Department of Criminal Investigations conducted the investigation with assistance from the Louisville Metro Police Department and the United States Secret Service.
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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.
Former Professor Pleads Guilty to Stealing $236K from WKURead the Press Release
LOUISVILLE, Ky. – A Bowling Green, Kentucky professor has pleaded guilty to defrauding Western Kentucky University, announced United States Attorney Russell M. Coleman.
According to a plea agreement, between 2006 and October 2017, Dettman devised a scheme to defraud Western Kentucky University by diverting concrete and soil test payments from WKU’s Engineering Department for his own personal use. The diverted payments, furthered by interstate wire transfers, resulted in a loss of $236,000 to WKU.
Dettman, 52, pleaded guilty before United States District Court Judge Greg N. Stivers. The former professor faces a maximum 20 years of imprisonment, a combined maximum fine of $250,000, and 3 years of supervised release. As part of the plea agreement, Dettman will be required to pay restitution in the amount of $236,000 to Western Kentucky University.
The case was prosecuted by Assistant United States Attorneys David Weiser and Joshua Judd, and investigated by the Federal Bureau of Investigations (FBI).
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Former Allen County Accountant Sentenced for Wire Fraud, Filing Fraudulent Federal Tax ReturnsRead the Press Release
BOWLING GREEN, Ky. – A former Allen County, Kentucky, accountant was sentenced by United States District Judge Greg N. Stivers to 24 months in prison followed by 3 years of supervised release, and ordered to pay restitution of $766,349.59, announced United States Attorney Russell M. Coleman.
Stephen C. Jones, 51, of Scottsville, Kentucky, committed wire fraud between January 2010 and August of 2015, when he devised and executed a scheme to defraud his employer, by diverting $766,349.59 from the company’s bank account to his personal bank account, according to the plea agreement. Additionally, Jones failed to report the embezzled funds as income on his tax returns for tax years 2010 through 2014.
In total, Jones plead guilty to six counts against him, including: wire fraud and five counts of presentation of a false tax return.
Assistant United States Attorney Amanda Gregory prosecuted the case. The Federal Bureau of Investigation (FBI), the Internal Revenue Service (IRS), and the Allen County Sheriff’s Office investigated the case.
61 Months in Prison for Defendant Part of Louisville Area Chiropractic Clinic SchemeRead the Press Release
LOUISVILLE, Ky. – U.S. District Judge Rebecca G. Jennings sentenced Claudia Lopez, age 40, from Fountain, Colorado, to 61 months imprisonment, followed by 3 years of supervised release this week for her part in a scheme to fraudulently bill insurance companies $5 million, announced United States Attorney Russell M. Coleman.
“We will not allow thieves to continue to use the complexity of our health care delivery system as a means to commit their crimes,” stated United States Attorney Russell M. Coleman. “Health care fraud will continue to be aggressively prosecuted in the Western District of Kentucky.”
The Court also ordered Lopez to pay restitution of $232,617.96, as well as a $1,300 Special Penalty Assessment and to forfeit an Audi Q-7 and $53,775 in proceeds.
According to the evidence before the Court, beginning no later than on or about June 12, 2012, and continuing through on or about November 1, 2014, Lopez, Ledinson Chavez, Oskel Lezcano, Ariel Borrego-Hernandez, Sergio Betancourt and Yuriesky Diaz Rodriguez recruited unsuspecting chiropractors for employment in Louisville area chiropractic clinics in order to obtain and use the chiropractors’ names and National Provider Identifiers (NPI) to fraudulently bill insurance companies. Each chiropractor provided his/her National Provider Identifier (NPI) number to Lopez and Lezcano in order to credential the clinics with various insurance companies.
Thereafter, the group of defendants recruited employees from Jeffboat and others to seek chiropractic services from the clinics. However, unbeknownst to the chiropractors, the clinics billed over $5,000,000 for methocarbamol injections (a muscle relaxant), using the patients’ names, dates of birth, insurance/policy numbers, addresses, and patient IDs/Social Security Numbers for injections. Most of the patients from Jeffboat were paid to go to the clinics by the defendants and were told the injections were being billed, according to testimony during trial.
Lopez, Lezcano, Borrego-Hernandez, Betancourt, and Chavez operated and controlled multiple chiropractic clinics in the Louisville area including: Xpress Diagnostics Center, Inc.; Prudential Chiropractic Medical Center, PLLC; Klondike Chiropractic Medical Center, LLC; Be Well Chiropractic Center, Corp.; Chiropractic and Medical Center, LLC, even though the clinics were placed in various chiropractors’ names.
Assistant United States Attorneys Joseph Ansari, Lettricea Jefferson-Webb and Christopher Tieke prosecuted the case and were assisted by Bob Masterson as health care fraud investigator. The case was investigated by the Federal Bureau of Investigation, the United States Postal Inspection Service, the Internal Revenue Service Criminal Investigation, the Louisville Metro Police Department, and the National Insurance Crime Bureau.
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Louisville Man Sentenced for Wire Fraud, Identity TheftRead the Press Release
LOUISVILLE, Ky. - United States District Court Senior Judge Charles R. Simpson III has sentenced Louisville, Kentucky, man, Dennis A. L. Booker to 65 months in federal prison today, followed by 3 years of supervised release for six counts of wire fraud and one count of aggravated identity theft, announced United States Attorney Russell M. Coleman. The Court also ordered Booker to pay restitution of $112,000 to the victim of his scheme. There is no parole in the federal system.
The Court sentenced Booker, age 40, for his participation in a fraudulent scheme between October 2015 and June 2017. According to a plea agreement filed in the case, Booker told J.M., the victim, he needed cash to close a real estate transaction, and promised to repay J.M. when the transaction closed. J.M. loaned Booker $43,000, which was never repaid. J.M. demanded repayment, and Booker promised to wire the money, but told J.M. he needed his credit card number to pay fees associated with the transfer of payment. Instead of repaying the victim, Booker used the credit card number to obtain cash advances at Churchill Downs and to pay for personal expenses, resulting in a total loss of approximately $140,000.
Booker was serving supervised release during the time of the fraud for a previous conviction in federal court.
Assistant United States Attorney David Weiser prosecuted the case. The United States Secret Service conducted the investigation.
Shepherdsville Serial Bank Robber Sentenced to Federal PrisonRead the Press Release
LOUISVILLE, Ky. – United States Attorney Russell M. Coleman announced today that United States District Judge Rebecca Grady Jennings sentenced Johnnie B. Day, age 53, of Shepherdsville, Kentucky, to 37 months in prison followed by 3 years of supervised release for multiple bank robberies. The Court ordered Day to pay restitution of $3,942.
The Court sentenced Day for four bank robberies committed from January, 2015 through November 2016.
According to the plea agreement filed in the case, on November 21, 2016, Day entered BB&T bank, at 401 W. Main St., Louisville, Kentucky, waited in a teller line and presented a demand note reading, “GIVE ME THE MONEY. NO ALARMS. NO DYES.” The teller handed him $264 in bank funds from her top drawer. A witness to the robbery followed Day outside the bank, where Day entered his vehicle; the witness wrote down the license plate number which led Louisville Metro Police Department detectives to the apartment Day rented in Shepherdsville, Kentucky. Day was later arrested at the Public Library in Shepherdsville, Kentucky.
Day also admitted guilt for three other bank robberies. On November 19, 2016, Day entered the Fifth Third bank, 8003 Preston Highway, Louisville, Kentucky and handed the teller a demand note on a plain white envelope which stated, “GIVE ME THE MONEY. NO SILENT ALARMS. NO DYE PACKS.” The teller handed Day $501.00 in bank funds. On November 7, 2016, Day entered the Stock Yards Bank, 5026 Mud Lane, Louisville, Kentucky and handed the teller a white envelope reading, “GIVE ME ALL YOUR MONEY. NO ALARMS. NO DYE PACKS. NICE AND EASY.” The teller handed Day $1,288.00 in bank funds. On January 3, 2015, Day entered Your Community Bank, 11810 Interchange Drive, Louisville, Kentucky and handed the teller a note stating, “THIS IS A ROBBERY. GIVE ME ALL YOUR BILLS. NO BAIT. SAY NOTHING AND NO ONE WILL GET HURT.” Day received $1,809 in bank funds from this robbery.
This case was prosecuted by Assistant United States Attorney Randy Ream, and investigated by Louisville Metro Police Department Robbery Unit.
Twenty-Four More Defendants Charged Federally in Surge to Reduce Violent Crime in LouisvilleRead the Press Release
LOUISVILLE, Ky. – United States Attorney Russell M. Coleman announced this month’s latest surge efforts to aggressively tackle violent crime in Metro Louisville with the Louisville Federal Grand Jury returning 21 felony indictments charging 24 individuals with numerous counts, including firearms violations and possession and distribution of illegal narcotics.
This month’s federal indictments are in addition to the previous two rounds of indictments against 60 Project Safe Neighborhoods (PSN) defendants, totaling 84 total PSN defendants this calendar year. The charges continue to develop this year through an ongoing partnership between multiple law enforcement agencies to maximize penalties for the “trigger pullers,” the most violent repeat offenders as part of the Department of Justice’s PSN initiative.
“Project Safe Neighborhoods or PSN is more than another bureaucratic program, or a logo,” announced U.S. Attorney Russell Coleman, “It is a commitment to aggressively reduce violent crime in Louisville through true partnerships with ATF, LMPD, and other engaged partners. Much more to come as we are not there yet.”
Defendants charged in the latest surge have previously been found guilty of numerous crimes including: manslaughter, possession of controlled substances, drug trafficking, assault, robbery, receiving stolen property, and wanton endangerment among other charges.
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 Nute Bonner, Terry Cushing, Tom Dyke, Larry Fentress, Amanda Gregory, Jo Lawless, Erin McKenzie, Randy Ream, Mac Shannon, Amy Sullivan, Christopher Tieke, Lettricea Jefferson-Webb, David Weiser, Stephanie Zimdahl and Special Assistant United States Attorney Ebery Haegle with stalwart 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, 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.
Federal Authorities Respond to Violent Crime in Mayfield with Announcement of Project Safe Neighborhoods OperationRead the Press Release
MAYFIELD, Ky. – United States Attorney Russell M. Coleman, joined by Louisville Field Division Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) Special Agent in Charge Stuart L. Lowrey, Drug Enforcement Administration (DEA) Special Agent in Charge Darrell Christopher Evans, Kentucky State Police Commissioner Rick Sanders, Mayfield Police Department Chief Nathan Kent, and other partners announced the initial arrests related to an operation cracking down against violent criminal activity within Graves County, Kentucky.
A federal grand jury in Paducah, Kentucky, returned 14 charges in five indictments leading to the arrests of five people connected to the sale of guns and drugs in Mayfield, Kentucky. All of the defendants are in federal custody following initial appearances in U.S. District Court.
“The feds have come knocking in Mayfield along with our law enforcement partners from across the Purchase,” stated U.S. Attorney Russell Coleman, “To send a message that this lawlessness will not be tolerated. Stay tuned as there is more to come.”
“All too often, drug dealers use guns to further their violent criminal activities,” stated ATF Special Agent in Charge Stuart Lowrey, of the Louisville Field Division. “ATF is committed to working with our law enforcement partners to assist in identifying, arresting and prosecuting armed and violent criminals.”
Gabriel Vejar, 21, Keith Holliman, 26, Ahmad Perry, 28, Getrudis Vargas, 42, and Kevin Gray, 45, all from the Mayfield, Kentucky area are charged in the indictments.
- Gabriel A. Vejar is charged in a one count indictment of being a felon in possession of a firearm, a Smith and Wesson, model SD40VE, .40 caliber pistol. If convicted at trial, the maximum sentence for unlawfully possessing a firearm is no more than 10 years in prison a $250,000 fine, and three years of supervised release.
- Keith A. Holliman is charged in a six count indictment. According to the charges, Holliman knowingly possessed a firearm, a Clerke Technicorp, model Clerke 1st, .22 long rifle caliber revolver with an obliterated serial number; the defendant also faces two counts of possession of cocaine with intent to distribute; two counts of carrying a firearm during and in relation to drug trafficking; and one count of being an illegal recipient of a firearm by a person under indictment. If convicted at trial, the maximum sentence on counts 1 and 4 is no more than five years; counts 2 and 5 carry no more than 20 years in prison; count 3 carries a minimum of five years in prison; and count 6 is no less than 25 years in prison.
- Ahmad Perry is charged with two counts of being a felon in possession of a firearm, a Jennings, model J-22, .22 caliber pistol and a SIG Sauer, model 238, .380 Auto caliber pistol. If convicted at trial, the maximum sentence for unlawfully possessing a firearm is 10 years in prison, a $250,000 fine, and three years of supervised release.
- Getrudis Vargas is charged with possession with intent to distribute methamphetamine, and being an illegal alien in possession of a firearm, a SCCY Industries, model CPX-2, 9 millimeter pistol. If convicted at trial, Vargas faces no less than 10 years for possession with intent to distribute, and no more than 10 years for being an illegal alien with a firearm.
- Kevin Gray is charged in a three count indictment. Gray was previously convicted of a misdemeanor crime of domestic violence in 2011, prohibiting him from owning a firearm; on or about March 9, 2018, Gray possessed a Hi-Point 9 millimeter, model C-9 pistol, which he sold to a felon, according to the indictment. Gray is charged with two counts of a prohibited person in possession of a firearm, and one count of sale of a firearm to a felon; all counts carry no more than 10 year sentence, if convicted at trial.
These cases are being prosecuted by Assistant United States Attorneys Seth Hancock and Madison Sewell and Special Assistant United States Attorney Leigh Ann Dycus, and are being investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), Drug Enforcement Administration (DEA), Kentucky State Police, Mayfield Police Department, Graves County Sheriff’s Office, McCracken County Sheriff’s Office, Murray Police Department, and United States Immigration and Customs Enforcement (ICE).
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 rings 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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Officer Illegally Arrested Citizen After the Citizen Attempted to File Complaints Against HimRead the Press Release
WASHINGTON – William Dukes, Jr., a former sergeant with the Providence, Kentucky, Police Department, was sentenced today to 42 months in federal prison abd three years' supervised release for willfully depriving a Kentucky citizen of his constitutional rights under color of law, announced Acting Assistant Attorney General John Gore of the Justice Department’s Civil Rights Division and U.S. Attorney Russell Coleman for the Western District of Kentucky.
The jury found that Dukes willfully violated the Constitution by arresting the victim, while knowing that he did not have probable cause to believe that the victim had committed any crime. The evidence presented at trial established that after the victim called the authorities seeking to file a complaint about an earlier interaction with Dukes, he wrongfully arrested the victim.
The jury heard evidence presented in court that when the victim called the Providence Police Department to complain about Dukes, Dukes responded by threatening to arrest him if he called back again. Still determined to file a complaint, the victim then called the local sheriff’s office and the Kentucky State Police. When Dukes became aware of these additional calls, he drove to the victim’s home in the middle of the night, without a warrant, to arrest him.
Upon arriving at the victim’s home after 1 a.m., Dukes attempted to arrest the victim based solely on the phone calls he had made complaining about Dukes. When the victim insisted he had done nothing wrong and retreated into his home, Dukes entered the victim’s home without a warrant. Dukes then tased the victim, sprayed him in the face with pepper spray, struck him repeatedly with a police baton, and punched him in the face, breaking the victim’s nose. Next, Dukes handcuffed the victim and charged him with four crimes, including a charge of property damage because blood from the victim’s broken nose got onto Dukes’s police uniform.
The jury convicted Dukes of willfully violating the victim’s constitutional rights, and found that the offense involved the use of a dangerous weapon or resulted in bodily injury.
“Police officers have a duty to protect the rights of members of their communities and safeguard them from harm or injury,” said Acting Assistant Attorney General John Gore. “Dukes abused his authority as a law enforcement officer by illegally arresting his victim and also by inflicting unwarranted physical harm, and the Justice Department held him responsible.”
“Kentucky lawmen and women are among the finest in the nation,” said U.S. Attorney Russell Coleman “But when they cross a clear line, as did Mr. Dukes, they will be held accountable like any other citizen of our Commonwealth.”
This case was investigated by the Louisville Division of the Federal Bureau of Investigation, and was prosecuted by Assistant United States Attorney Seth Hancock of the Western District of Kentucky and Trial Attorney Zachary Dembo of the Criminal Section of the Civil Rights Division.
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