Western District of Kentucky
Press releases recorded for this federal judicial district.
Louisville Couple Guilty of Wire FraudRead the Press Release
Embezzled over $550,000.00 from Iceland Sports Complex
LOUISVILLE, Ky. - A Jefferson County, Kentucky, couple pleaded guilty in United States District Court yesterday, before Chief Judge Joseph H. McKinley, Jr. to a single charge of wire fraud for their individual roles in a scheme to divert over $550,000.00 from the Iceland Sports Complex announced United States Attorney John E. Kuhn, Jr.
Glenn Christopher Richardson, 56, and Karen M. Richardson, 56, admitted that beginning no later than January of 2005, and continuing to about September of 2011, while employed at the Iceland Sports Complex, LLC, an ice skating rink located in Eastern Jefferson County, they created a bank account in the name of Karen Richardson, d/b/a Louisville Storm, for the purpose of diverting and concealing daily revenue from Iceland Sports Complex.
According to the plea agreement, the couple would deposit checks made out to Iceland into the Louisville Storm account. The couple concealed the use of these funds by creating and sending revenue statements to Iceland’s owners located in Michigan, which underreported the amount of Iceland Sports Complex’s daily revenue. The couple admitted using the diverted funds for their personal use and for use by their family.
At the time of sentencing, the United States will move for dismissal of counts 1-7 of the indictment. Sentencing before Chief Judge McKinley is scheduled for November 6, 2017, at 11:45 a.m. in Louisville.
This case is being prosecuted by Assistant United States Attorney Marisa J. Ford and is being investigated by the United States Secret Service.
richardson_plea_agreement_8-7-17_0.pdfFormer Bullitt County Sheriff’s Special Deputy Sentenced to 36 Months in Prison for Money Laundering, Trafficking in Meth and MarijuanaRead the Press Release
Co-defendants admitted to concealing the criminal activities from law enforcement
LOUISVILLE, Ky. – United States Attorney John E. Kuhn, Jr. today announced the sentencing of a former Bullitt County, Kentucky, Special Sheriff’s Deputy, to 36 months in prison, followed by a five year period of supervised release, and ordered to pay a $10,000 fine, by United States District Judge David J. Hale, for trafficking in marijuana and methamphetamine and concealing the financial proceeds (money laundering). Two co-defendants admitted to concealing the criminal activities from law enforcement during a 15 month period.
Christopher A. Mattingly, 40, of Shepherdsville, Kentucky, admitted that between March 2014 and June 2015, he conspired with other named defendants to knowingly and intentionally distributing more than 1000 kilograms but less than 3000 kilograms of marijuana imported from California and distributed in the Western District of Kentucky and elsewhere. At trial, the United States would have proved these facts by introducing recordings of conversations between the defendant and a co-conspirator, and between the defendant and a reliable confidential informant, wherein the defendant makes statements probative of knowledge and intent to distribute large quantities of marijuana.
Additionally, Mattingly admitted that between March 2014 and June 2015, he conspired with the other named defendants to conduct financial transactions with monetary proceeds derived from trafficking in marijuana, by depositing some proceeds in the bank and by using other proceeds to pay for marijuana shipments. The United States would have proven these facts by introducing the defendant’s bank records and eliciting testimony from a reliable confidential informant.
Finally, Mattingly admitted that between February 2015 and June 2015, he conspired with other persons to knowingly and intentionally distributing more than 500 grams but less than 1.5 kilograms of a substance containing a detectable amount of methamphetamine. The United States would have proven these facts by eliciting testimony from unindicted co-conspirators and from a reliable confidential informant.
Ronald A. Shewmaker and Eddie Whitfill, both from Bullitt County, previously admitted to concealing their knowledge of Mattingly’s illegal activities from law enforcement between March 2014 and June 2015. They were sentenced to probation. Co-defendants Hector Renato Orozco Landa and Raymond Carillo remain at large. Both are charged with conspiracy to distribute marijuana and money laundering.
This case was prosecuted by Assistant United States Attorney Larry E. Fentress and was investigated by DEA and the Bullitt County Sheriff’s Department.
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South-Central Kentucky Men Sentenced for Their Roles in A Conspiracy to Distribute More Than 50 Grams of Crystal MethamphetamineRead the Press Release
Illegal activity transpired in Simpson County, involved three co-defendants, and approximately
one and a half pounds of crystal methamphetamine
BOWLING GREEN, Ky. – Three South-Central Kentucky men have been sentenced to prison terms, in United States District Court, by District Judge Greg N. Stivers, for conspiring to knowingly and intentionally possess with the intent to distribute fifty grams or more of methamphetamine, announced United States Attorney John E. Kuhn, Jr. There is no parole in the federal prison system.
Howell Dean O’Bryan, 42, of Allensville, located in Todd County, Kentucky, was sentenced today to serve 90 months in prison followed by five years of supervised release. Jordan Dale Wallace, 30, of Morgantown, was sentenced on July 20, 2017, to 120 months in prison followed by five years of supervised release and Danny Neal Stokes, 62, of Russellville, was sentenced on July 24, 2017, to 180 months in prison followed by five years of supervised release, for their roles in the drug conspiracy. All three defendants remain in federal custody.
According to court records, law enforcement officials learned of the criminal activity on May 15, 2015, during a drug-interdiction effort in Franklin, Kentucky. The Kentucky State Police located Howell Dean O’Bryan, who at the time was suspected to be involved in a meth trafficking organization. Once the law enforcement officials realized O’Bryan was at a local motel, they set up surveillance. When O’Bryan left the motel, law enforcement officials followed him to a local shopping center and made contact. They used a state police K-9 that alerted on O’Bryan’s vehicle for the presence of narcotics. When law enforcement officials searched O’Bryan’s vehicle, they found one pound of suspected methamphetamine, two AR-15 semi-automatic rifles, and one semi-automatic handgun under the driver's seat.
O’Bryan admitted he was selling the one pound of crystal methamphetamine to Wallace for $14,500.00. Wallace owed O’Bryan for an additional ounce of crystal methamphetamine that he had previously given to him. According to O’Bryan, Wallace should have had approximately $16,000.00 for the pound and previous ounce of crystal methamphetamine. O’Bryan and Wallace had just talked by phone when Wallace stated he was on his way with the money. During a monitored phone call to Wallace, Wallace confirmed that he was on his way to meet O’Bryan and had what he was supposed to bring. The two talked about having to weigh it out once Wallace arrived and agreed on a meeting location.
That same day, May 15, 2015, Wallace travelled to Simpson County, Kentucky, to pay for approximately one pound of crystal methamphetamine. The actual amount of methamphetamine, according to laboratory analysis was 459.3 grams of pure methamphetamine.
During a traffic stop of Wallace’s vehicle, Kentucky State Police Troopers identified Wallace as the driver. The Troopers asked for consent to search the vehicle, which Wallace declined. The Troopers asked Wallace if he had any drugs, weapons or large sums of money in the vehicle and Wallace stated no. Trooper Wesley and his K-9 partner conducted an open air search of the vehicle and the K-9 gave a positive indication on the vehicle. Troopers searched the vehicle and recovered $16,194.00 in United States currency. Wallace initially stated that he intended to use the money to purchase a car, but could provide no details. After his arrest several months later, Wallace admitted that the money was to be used to pay the co-conspirator for methamphetamine.
On July 25, 2015, in Simpson County, Kentucky, Stokes knowingly and intentionally possessed with the intent to distribute fifty grams or more of methamphetamine. The actual amount of methamphetamine, according to laboratory analysis was 162.5 grams of pure methamphetamine (roughly six ounces). Law enforcement officials found the methamphetamine in a bag with $184,597.00 in United States currency following a traffic stop of the vehicle Stokes was driving.
Assistant United States Attorney Jo E. Lawless prosecuted the case. The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and Kentucky State Police (including its Vehicle Enforcement Division), conducted the investigation.
Former Casey County, Kentucky, Teacher Sentenced to 60 Months in Prison for Attempting to Engage in Sexually Explicit Conduct with A MinorRead the Press Release
BOWLING GREEN, Ky. – A Russell County, Kentucky, resident and former Casey County, Kentucky, teacher was sentenced in United States District Court by United States District Judge Greg N. Stivers on July 26, 2017, to 60 months in prison followed by a ten year period of supervised release and required to register as a sex offender announced United States Attorney John E. Kuhn, Jr. There is no parole in the federal prison system.
“This is a horrific crime that can shake an entire community, especially when the perpetrator is a trusted teacher,” stated U.S. Attorney Kuhn. “Safeguarding our most vulnerable citizens is among the most significant priorities of my Office and the Department of Justice.”
According to the factual basis presented in the case, Timothy Ellis, 48, of Russell Springs, Kentucky, admitted to attempting to obtain child pornography between 2010 and April 7, 2013. Ellis used a cellular telephone and various social media applications to attempt to receive pornographic materials from a minor engaging in sexually explicit conduct. Ellis engaged in this conduct while in Russell County, Kentucky and other places.
Assistant United States Jo E. Lawless prosecuted the case. The Russell Springs Police Department 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. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc For more information about internet safety education, please visit www.usdoj.gov/psc and click on the tab "resources."
Former Monroe County Deputy Sheriff Charged with Stealing Property from A Department of Defense ProgramRead the Press Release
Surplus military supplies purchased by the Sheriff’s Office were missing
BOWLING GREEN, Ky. – A former Monroe County Deputy Sheriff was charged this week by felony Information with wire fraud for devising a scheme to sell and/or give away surplus military property, obtained from a Department of Defense program, including a camper and ATV, announced United States Attorney John E. Kuhn, Jr.
Larry Dale Martin, 34, of Glasgow, Kentucky, was charged Wednesday with a single count of wire fraud. A date for his initial appearance and guilty plea has not been scheduled with the court.
Martin, while a Deputy with the Monroe County Sheriff’s Office (MCSO), coordinated the Department of Defense (DoD) 1033 Program and was responsible for making and submitting MCSO’s online DoD Program property requests.
The program authorized the DoD to transfer excess DoD property to law enforcement agencies for “bona fide law enforcement purposes that assist in their arrest and apprehension mission.” Under the terms of participation, the MCSO could dispose of or sell, for the MCSO’s benefit, most property obtained from the DoD 1033 Program, one year after it was received.
Between December 31, 2011, and 2014, Martin is charged with devising a scheme, by engaging in wire communications, to order property and arrange for pick-up of property from the Program, which Martin allegedly sold or gave away, for his own personal benefit or the benefit of others, without the knowledge of the MCSO. Property included an industrial ice maker, a 2005 Trail-Lite Dual Axle Camper, and a Kawasaki Mule ATV.
If convicted at trial, Martin could have been sentenced to no more than 20 years in prison, fined $250,000 and served a three year period of supervised release.
This case is being prosecuted by Assistant United States Attorney David Weiser and is being investigated by the Federal Bureau of Investigation (FBI) and the Kentucky Attorney General’s Public Integrity Unit.
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The indictment of a person by a Federal Information is an accusation only and that person is presumed innocent until and unless proven guilty
Retired Fulton County Jailer Sentenced to 87 Months in Prison for Receiving Kickbacks Tied to 3.3 Million Construction Project on Fulton County Detention CenterRead the Press Release
Ricky Parnell and co-defendants responsible for $154,000 restitution
PADUCAH, Ky. – Retired Fulton County Jailer Ricky Parnell was sentenced today in United States District Court by Senior Judge Thomas B. Russell, to serve 87 months in prison for his role in a conspiracy to the defraud Fulton County, Kentucky, citizens through kickbacks and inflated costs associated with the $3.3 million 2015 Fulton County Detention Center expansion, announced United States Attorney John E. Kuhn, Jr. There is no parole in the federal prison system.
“Public corruption simply cannot be tolerated,” stated United States Attorney John Kuhn. “Corrupt public officials erode the fairness and integrity of our public institutions, and they undermine the public’s trust in our government. I hope this conviction and ordered for restitution will reassure the public that the Department of Justice will hold elected officials to the highest standards of honesty and integrity – and that we will seek repayment of every tax dollar spent corruptly by public officials,” stated U.S. Attorney Kuhn. “Further, today’s sentencing should assist in restoring the community’s trust in the fairness and integrity of our public institutions.”
Parnell, 59, of Hickman, Kentucky, is jointly and severally liable with the codefendants for the full amount of restitution due totaling $154,000. Co-defendant Michael Homra paid restitution of $32,500 and Danny Larcom paid restitution of $22,000 at the time of their respective sentencing. The remaining $100,000 balance is due by Parnell and co-defendant Ron Armstrong.
Parnell previously pleaded guilty to Honest Services Fraud and multiple counts of Wire Fraud for using his official position to enrich himself by soliciting and accepting gifts and payments from defendant contractors, in exchange for influencing the Fulton County Fiscal Court to award the defendants contracts on the project.
Parnell admitted to directing Ronald D. Armstrong, of Dresden, Tennessee; Jimmy Boyd, of South Fulton, Tennessee; Michael Homra, of Fulton, Kentucky; and Daniel C. Larcom, of Union City, Tennessee, to intentionally overcharge Fulton County for services and supplies provided as part of jail projects. Parnell presented the inflated invoices and contracts to the Fulton County treasurer for payment to the defendants and their respective companies. In turn, the defendant contractors would use the excess proceeds to pay kickbacks, in the form of both cash and checks, to Parnell. Parnell received at least $175,000 in money and other things of value.
In addition, defendants Armstrong, Homra, and Larcom took steps to cover up their activities and dealings with Parnell, including using cash to provide Parnell with kickbacks, structuring withdrawals from banks to use for these kickbacks, and creating false and inflated invoices for services and materials in order to satisfy the cash kickbacks demanded by Parnell.
Contract defendants Larcom, Armstrong and Homra pleaded guilty in United States District Court to charges including Honest Service Wire Fraud and Wire Fraud for their individual roles in this conspiracy. Armstrong was sentenced to 35 months in prison and Larcom and Homra were sentenced to serve 2 years of probation.
The charged activity took place between April 2015 and August 2016. Parnell served as the Fulton County Jailer from 1990 until late last year.
This case was prosecuted by Assistant United States Attorney Nute Bonner and was investigated by the Kentucky Attorney General’s Office and the Federal Bureau of Investigation (FBI).
Former Russell County Teacher, Sentenced to 60 Months in Prison for Sexual Exploitation of ChildrenRead the Press Release
Criminal activity took place during a two-year period
LOUISVILLE, Ky. – A Russell County, Kentucky, resident and former teacher, convicted of a crime involving the sexual exploitation of a minor, was sentenced in United States District Court yesterday, by District Judge Greg N. Stivers, to serve 60 months in prison, followed by a ten year period of supervised release and register as a sex offender in the Commonwealth of Kentucky, announced United States Attorney John E. Kuhn, Jr. There is no parole in the federal prison system.
“This is a horrific crime that can shake an entire community, especially when the perpetrator is a trusted teacher,” stated U.S. Attorney Kuhn. “Safeguarding our most vulnerable citizens is among the most significant priorities of my Office and the Department of Justice.”
According to the factual basis presented in the case, Jeffrey McGaha, 49, of Russell Springs, Kentucky, admitted to attempting to obtain child pornography between September 23, 2012, and September 5, 2014. McGaha used a cellular telephone and various social media applications to attempt to receive pornographic materials from a minor engaging in sexually explicit conduct. McGaha engaged in this conduct while in Russell County, Kentucky and other places.
Assistant United States Jo E. Lawless prosecuted the case. The Russell Springs Police Department 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. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc For more information about internet safety education, please visit www.usdoj.gov/psc and click on the tab resources."
Chief of Maintenance Employee at Ken American Resources Paradise #9 Mine Located in Muhlenberg County, Kentucky, Guilty of Violation of the Mine Safety and Health ActRead the Press Release
Falsified a safety record
OWENSBORO, Ky. – The Chief of Maintenance at Ken American Resources Paradise #9 Mine located in Muhlenberg County, Kentucky, recently pleaded guilty to a federal grand jury indictment, in United States District Court, before Chief Judge Joseph H. McKinley, Jr., charging him with violating the Mine Safety and Health Act, announced United States Attorney John E. Kuhn, Jr.
“Falsifying a record jeopardizes the safety of mine workers and is a crime,” stated U.S. Attorney Kuhn. “Working with the Mine Safety and Health Administration, my Office will investigate and bring charges against those who undermine the safety of the workplace - especially in the coal mines of Kentucky.”
Daniel L. Couch, Jr. entered a guilty plea on July 13, 2017, and remains on bond until sentencing scheduled before Chief Judge McKinley on October 17, 2017, in Owensboro.
According to the indictment, Couch, whose job it was to make a weekly inspection of electric equipment, specifically of the belt drive of coal seal 11 at Paradise #9 Mine, did not in fact make the required fire suppression checks for the week of May 1 through 7, in 2016.
On about May 17, 2016, an Inspector from the United States Department of Labor, Mine Safety & Health Administration, inspected the record book for fire suppression checks conducted on the belt drives for coal seam 11, which contains seven separate belt drives at seven different locations, and found that no fire suppression checks had occurred for the week of May 1 through 7, 2016.
On or about May 19, 2016, the Inspector returned to Paradise #9 mine and re-examined the record book for inspections for the belt drive for coal seam 11, at which time the book revealed that the belt drives had been examined on May 7, 2016 by “D. Couch,” and that no hazards had been observed.
If convicted at trial, defendant Couch could have been sentenced to a maximum term of five years in prison, pay a monetary fine of up to $250,000 and serve a three year period of supervised release.
This case is being prosecuted by Assistant United States Attorney Randy Ream and is being investigated by the Mine Safety and Health Administration (MSHA) U.S. Department of Labor.
couch_daniel_plea_7-13-17.pdfSouth-Central Kentucky Man Sentenced to Ten Years in Prison for Conspiring to Distribute More Than 50 Grams of Crystal MethamphetamineRead the Press Release
Illegal activity transpired in Simpson County, involved three co-defendants, and approximately
one and a half pounds of crystal methamphetamine
BOWLING GREEN, Ky. – A Logan County, Kentucky, man was sentenced today in United States District Court by District Judge Greg N. Stivers, to ten years in prison and five years of supervised release, for conspiring with others to knowingly and intentionally possess with the intent to distribute fifty grams or more of methamphetamine, announced United States Attorney John E. Kuhn, Jr. There is no parole in the federal prison system.
Jordan Dale Wallace, 30, of Russellville, previously admitted in court to conspiring with Danny Neal Stokes, 62, of Russellville, and Howell Dean O’Bryan, 42, of Allensville, Kentucky, to distributing 50 grams or more of methamphetamine.
According to the plea agreement, law enforcement learned of Wallace’s criminal activity following the arrest of a co-conspirator, Howell Dean O’Bryan, who stated he was selling the one pound of crystal methamphetamine to Wallace for $14,500.00. Wallace owed O’Bryan for an additional ounce of crystal methamphetamine that he had previously given to him. According to O’Bryan, Wallace should have approximately $16,000.00 for the one pound and previous ounce of crystal methamphetamine. O’Bryan and Wallace had just talked by phone when Wallace stated he was on his way with the money. During a monitored phone call to Wallace, Wallace confirmed that he was on his way to meet O’Bryan and had what he was supposed to bring. The two talked about having to weigh it out once Wallace arrived and agreed on a meeting location.
That same day, May 15, 2015, Wallace travelled to Simpson County, Kentucky, to pay for approximately one pound of crystal methamphetamine. The actual amount of methamphetamine, according to laboratory analysis was 459.3 grams of pure methamphetamine.
During a traffic stop of Wallace’s vehicle, Kentucky State Police Troopers identified Wallace as the driver. The Troopers asked for consent to search the vehicle, which Wallace declined. The Troopers asked Wallace if he had any drugs, weapons or large sums of money in the vehicle and Wallace stated no. Trooper Wesley and his K-9 partner conducted an open air search of the vehicle and the K-9 gave a positive indication on the vehicle. Troopers searched the vehicle and recovered $16,194.00 in United States currency. Wallace initially stated that he intended to use the money to purchase a car, but could provide no details. After his arrest several months later, Wallace admitted that the money was to be used to pay the co-conspirator for methamphetamine.
O’Bryan and Stokes have also pled guilty for their roles in the conspiracy and additional charges. All three defendants remain in federal custody.
Assistant United States Attorney Jo E. Lawless prosecuted the case. The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and Kentucky State Police (including its Vehicle Enforcement Division), conducted the investigation.
McCracken County, Kentucky, Attorney Charged with Defrauding Clients of Insurance SettlementsRead the Press Release
Allegedly kept at least $550,000 in settlement amounts that should have gone to his clients.
PADUCAH, Ky. – A licensed Kentucky attorney was charged in a criminal Information today with various charges including devising a scheme to defraud numerous clients of insurance settlements totaling at least $550,000 announced United States Attorney John E. Kuhn, Jr.
From at least March of 2007 through May of 2017, James Grant King, 43, of McCracken County, Kentucky, allegedly committed aggravated identity theft and wire fraud.
According to the Information, King practiced as a plaintiff’s attorney for numerous clients within the Western District of Kentucky and elsewhere. These clients came to the defendant seeking his services in order to recover monetary damages and other remedies. After learning about his clients cases, King would seek to settle their cases with insurance companies. However, after reaching a settlement with the insurance companies, and unbeknownst to his clients, King would then keep most or all of the settlement amounts for himself.
King is also charged with obtaining a $97,500 personal loan from a McCracken County individual. As collateral for the loan, King transferred the title of a Phoenix Model 920 Pro XP boat. However, a few months, later, King applied for a duplicate title to the boat, and then, unbeknownst to the individual who loaned him the money, King sold the boat, without repaying the $97,500 loan.
If convicted at trial, King could face a sentence of 42 years in prison, pay a fine of $750,000 and be required to serve a three years period of supervised release.
This case is being prosecuted by Assistant United States Nute A. Bonner and is being investigated by the Federal Bureau of Investigation (FBI) and the McCracken County Kentucky Sheriff’s Department.***
The indictment of a person by Criminal Information is an accusation only and that person is presumed innocent until and unless proven guilty.
king_ci_7-17-17_0.pdfJefferson County, Kentucky, Resident Sentenced to Ten Years in Prison for Online EnticementRead the Press Release
LOUISVILLE, Ky. – United States Attorney John E. Kuhn, Jr., announced today that a Jefferson County, Kentucky, resident was sentenced in United States District Court, by Senior Judge Thomas B. Russell, to ten years in prison followed by a 20-year term of supervised release. The underlying crime involved attempted online enticement by using a cell phone to communicate with a person, whom the defendant believed to be a 15-year-old girl, for the purpose of engaging in sexual activity.
“This case should alarm every parent about the online threats to our minor children, including teenagers,” said U.S. Attorney John Kuhn. “Fortunately, the defendant’s target in this case was in reality an undercover officer, but just as easily a young teenager could have fallen victim. I urge every parent and adult entrusted with the care of minor children to monitor their online activities and to talk to them about reporting any improper online communications.”
Timothy Wayne Tucker, 40, was arrested on December 6, 2016, while attempting to meet with a person, whom he believed was a 15-year-old girl to engage in sexual activity. Tucker remains in federal custody following his sentencing today.
According to information presented in court, on December 2, 2016, a law enforcement official acting in an undercover capacity (UC), created an ad on the Louisville Craigslist website under the personals tab titled “nothing serious”. The ad did not request any sexual contact from prospective responders. A person later identified as Tucker contacted the UC that same day through the Craigslist e:mail server system. The UC identified himself to Tucker as a 15-year-old female. During the online communications, e:mail and then texting, Tucker brought up the subject of sexual activity with the person he believed to be a 15-year-old girl. Specifically, he asked the UC to engage in sexual activity with himself and an adult female.
The law enforcement official acting in an undercover capacity (UC), agreed to meet Tucker on December 6, 2016, at an address on Wilderness Trail in Eastern Jefferson County, Kentucky. Law enforcement officials watched Tucker drive to the agreed upon location and conducted a traffic stop and arrested Tucker. A search of the vehicle revealed a loaded 9mm handgun as well as alcohol Tucker had promised to bring the UC. A search warrant on the phone confirmed that it was the device Tucker had used to communicate with the UC.
Assistant United States Attorney Jo E. Lawless prosecuted the case. The Kentucky Attorney General’s Department of Criminal Investigations conducted the investigation.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006, by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc For more information about internet safety education, please visit www.usdoj.gov/psc and click on the tab resources.
Eleven Charged, Including Two Businesses, in Western District of Kentucky, as Part of the National Health Care Fraud TakedownRead the Press Release
National health care fraud takedown results in charges against over 412
individuals responsible for over $1.3 billion in fraud losses
Largest health care fraud enforcement action in Department of Justice history
LOUISVILLE, Ky. –United States Attorney John E. Kuhn, Jr. today announced the results of a health care fraud sweep in the Western District of Kentucky as part of the national health care fraud takedown led by the Justice Department. The takedown, in the Western District of Kentucky, resulted in charges against two businesses, and nine individuals, for their alleged participation in health care fraud schemes.
“We trust the medical community to do no harm – certainly no intentional harm,” stated United States Attorney John Kuhn. “Unfortunately, health care fraud harms our health insurers, public agencies, and ultimately patients and taxpayers. Alarmingly, we often see health care fraud combined with other crimes such as unlawful dispensing of opioids, which does even more harm. Today we announce the cooperative efforts of multiple agencies, working to stop the illegal practices by a small segment of the medical community in an effort to restore safety for patients. Investigating and prosecuting health care fraud is one of the Department of Justice’s highest priorities.”
U.S. Attorney Kuhn was joined in the announcement by:
Amy Hess, Special Agent in Charge, Louisville Division, Federal Bureau of Investigation. “To those prioritizing profit over their oath to honestly provide for the public health, the message should be clear that the collective resources of local, state and federal law enforcement will identify your illegal activity and bring you to justice.”
“Healthcare providers that prescribe controlled substances illegally will continue to be a DEA priority,” said Chicago Field Division Special Agent in Charge Dennis A. Wichern. “Too many lives have been lost and too many families forever scarred due to prescription drug abuse.”
“We expect doctors and other medical professionals who bill Medicare and Medicaid to provide quality services to those served by the programs, not rip off scarce government health care funds," said Special Agent in Charge Derrick L. Jackson, of the U.S. Department of Health and Human Services, Office of Inspector General. “Coordinating with our law enforcement partners, our agents work hard to ensure those who steal from federal health care programs are brought to justice.”
Office of Kentucky Attorney General, General Andy Beshear. “The single greatest threat to Kentucky is our drug epidemic, and as attorney general, I am committed to holding accountable any individual or company that carelessly overprescribes opioids to our citizens, many of them battling addiction,” Beshear said. “This national takedown is a critical step to stop this activity and stop fraud to our Medicaid program to better protect our most vulnerable senior citizens and children. I appreciate the efforts of the task force and my Office of Medicaid Fraud and Abuse to hold providers accountable.”
“This coordinated enforcement effort emphasizes the seriousness of healthcare fraud and the detrimental impact it has on our community. We will continue to partner with other state and federal law enforcement agencies to investigate those who perpetrate fraud against federal and state governments, private insurance companies and individual citizens,” said Tracey D. Montaño, Special Agent in Charge of the Nashville Field Office of IRS, Criminal Investigation.”
Office of Indiana Attorney General, General Curtis Hill. “Medicaid fraud is not a victimless crime,” said Indiana Attorney General Curtis Hill. “When licensed professionals and organizations target those who rely on Medicaid, they’re also putting taxpayers on the hook. These actions truly impact all of us. The culmination of these investigations is extremely rewarding for the investigators and lawyers in our Medicaid Fraud Control Unit who work tirelessly to bring these offenders to justice. I applaud their efforts.”
Anthony S. Gooden, Senior Supervisory Agent, Louisville Division, U.S. Postal Inspection Service. “Today’s challenging economy makes it critical that we safeguard the nation’s mail stream against criminal misuse and protect USPS customers from criminal attack through use of the mails. We as Postal Inspectors are dedicated to protecting the public and helping them guard their hard-earned money from fraudulent activity.”
Gregory C. Burns, Jr. Lt. Colonel with LMPD. “With the scourge of opioid addiction going on across America today, it is more important than ever that local law enforcement and federal law enforcement continue to engage in collaborative partnerships together to fight this epidemic on all levels. A multi-faceted approach must also be maintained in order to sustain long term success in this effort.”
In the Western District of Kentucky, three separate cases were indicted on June 27, 2017, and an additional case was charged in a superseding indictment that was unsealed yesterday. The charges included unlawful distribution and dispensing of controlled substances, health care fraud, money laundering, and aggravated identity theft.
Specifically, in United States v. Jeffrey Campbell, Mark Dyer, Dawn Antle and Physicians Primary Care, PLLC, the defendants, from Jefferson County, Kentucky, were charged with one count unlawful distribution and dispensing of controlled substances-conspiracy, four counts of unlawful distribution and dispensing of controlled substances-schedule II, two counts of unlawful distribution and dispensing of controlled substances-hydrocodone, one count health care fraud conspiracy, 11 counts health care fraud – fraudulent coding, one count health care fraud-physical therapy, and one count health care fraud Proove biosciences. The charges stem from the defendant’s intentionally distributing and dispensing controlled substances to patients allegedly without a legitimate medical purpose and outside of the usual course of professional medical practice. Further, the defendants allegedly fraudulently billed various health care benefit programs by coding physical therapy, counseling and exercise services, using evaluation and management codes in order to obtain a higher rate of reimbursement and fraudulently billing various health care benefit programs for physical therapy services, using evaluation and management codes as if a physician performed a service on the patients, but in reality, a non-physician and non-physical therapist performed the services on patients. Also the defendants caused Proove Bioscience, Inc. to falsely and fraudulently bill various health care benefit programs for genetic tests administered to Physicians Primary Care patients that were not medically necessary and never interpreted.
In United States v. Claudia Lopez, defendant Lopez, of Jefferson County, Kentucky, was charged by grand jury indictment with one count health care fraud-fraudulent billings, and three counts of mail theft. The charges stem from the defendant’s role in a scheme while operating the Top Care Chiropractic and Wellness Center Corporation, fraudulently billing United Health Care for medical services never provided.
In United States v. Janice Patterson, Tanesha Washington, and Katerrell Kennedy , the defendants, from Jefferson County, Kentucky, were charged with one count unlawful distribution-conspiracy, fifteen counts health care fraud, two counts health care fraud-conspiracy, eight counts money laundering, and three counts aggravated identity theft. The charges stem from their alleged role in a scheme to knowingly and intentionally distribute and dispense scheduled and controlled substances. Defendant Patterson, while operating the JM Autism Foundation Trust is charged with falsely and fraudulently billing Anthem, Inc. for autism services never performed. Further defendants Patterson and Kennedy, while operating Total Spectrum Autism Services, LLC, falsely and fraudulently billed Anthem, Inc. for autism services never performed. Further, Patterson is charged with aggravated identity theft and money laundering. Patterson allegedly used the identification of providers and created accounts and fraudulently billed for services. The money laundering counts total over $150,000.
In United States v. Med1st of Evansville, P.C., Karen Poeling, and Mitchel Stukey the named defendants were charged in a superseding indictment. They are charged with conspiracy to commit health care fraud, two counts of conspiracy to violate the controlled substance act, and conspiracy to commit money laundering. The charges stem from the defendants’ role in a scheme to defraud health care benefit programs, in connection with the delivery of or payment for benefits, services by causing the submission of false and fraudulent claims to Medicaid, Medicare, Anthem and other insurance carriers. Med1st is alleged to have directed staff to falsely bill for medically unnecessary facet block injections, billing for conscious sedation, which was never performed, providing back braces which were not medically necessary and performing unnecessary tests. Further defendant Stukey conspired with others to illegally distribute and dispense controlled substances. Conspirator A signed blank prescription pads and permitted individuals acting at the direction of Stukey, to conduct evaluations of patients and to use pre-signed pads to prescribe medication to patients. Further, all defendants are charged with committing money.
These cases are being handled by Assistant United States Attorneys, Joe Ansari, Lettricea Jefferson-Webb, and Jessica Malloy. U.S. Attorney Kuhn acknowledged and credited the law enforcement agencies investigating these cases: Federal Bureau of Investigation (FBI), the U.S. Department of Health and Human Services-Office of Inspector General (HHS-OIG), the U.S. Drug Enforcement Administration (DEA), the United States Postal Inspection Service, the Internal Revenue Service Criminal Investigation, Indiana and Kentucky Medicaid Fraud Control Units, the Department of Defense Criminal Investigative Service and the Louisville Metro Police Department.
Earlier today, Attorney General Jeff Sessions and Department of Health and Human Services (HHS) Secretary Tom Price, M.D., announced the largest ever health care fraud enforcement action by the Medicare Fraud Strike Force, involving over 412 charged defendants across 41 federal districts, including over 115 doctors, nurses and other licensed medical professionals, for their alleged participation in health care fraud schemes involving over $1.3 billion in false billings. Of those charged, today’s action also involved charges against over 120 defendants, including doctors, for their roles in prescribing and distributing opioids and other dangerous narcotics. Thirty state Medicaid Fraud Control Units also participated in today’s arrests. In addition, the HHS Centers for Medicare & Medicaid Services (CMS) is suspending payment to 295 providers, including doctors, nurses and pharmacists.
The indictment of a person by a Grand Jury is an accusation only and that person is presumed innocent until and unless proven guilty.
Atlanta Tax Consultant Guilty of Defrauding the Kentucky Department of Revenue and Signature HealthcareRead the Press Release
LOUISVILLE, Ky. – An Atlanta, Georgia tax consultant pleaded guilty in United States District Court this week, before United States Magistrate Judge Colin H. Lindsay, to mail fraud and money laundering for devising a scheme to defraud the Kentucky Department of Revenue and his client Signature Healthcare, announced United States Attorney John E. Kuhn, Jr.
Todd Griffin, 46, was a tax credit consultant for a company located in Atlanta, Georgia. Between April of 2013, and June of 2014, Griffin fraudulently obtained $499,320 in state tax credits for his client Signature Healthcare (SHC) from the Kentucky Department of Revenue (KDOR). In return for securing the fraudulent tax credits, SHC compensated Griffin with commissions totaling $46,155. Griffin admits that he attempted to conceal his fraud from SHC, to continue to receive their commission and business, by making payments totaling $242,939.92 to KDOR, from his employer’s bank account, using funds derived from the scheme.
According to the plea agreement, Griffin submitted fraudulent documents to SHC to make it appear that the KDOR had approved certifications for eligibility for a tax credit program. Griffin then obtained state tax credits based on the fraudulent documents. The KDOR disallowed the credits and contacted Griffin, who had power of attorney for SHC and paid the disallowed tax credits in order to conceal the fraud.
According to the terms of the plea agreement, Griffin will pay restitution of $46,155 to SHC. At sentencing, the United States will recommend a sentence of 27-33 months in prison. Sentencing is scheduled before Chief Judge Joseph H. McKinley, Jr., on October 2, 2017 in Louisville.
This case is being prosecuted by Assistant United States Attorney Josh Judd and is being investigated by the Kentucky Department of Revenue, Kentucky Attorney General’s Office, Internal Revenue Service, Postal Inspection Service, and the Federal Bureau of Investigation (FBI).
griffin_pleas_6-30-17_0.pdfLouisville Resident Sentenced to 97 Months in Prison for Receiving Child PornographyRead the Press Release
LOUISVILLE, Ky. – A Louisville man was sentenced Thursday, June 22, 2017, in United States District Court, by United States District Judge David J. Hale, to 97 months in prison followed by 15 years of supervised release, and ordered to pay a $5,000 fine for receiving child pornography announced United States Attorney John E. Kuhn, Jr.
According to a Plea Agreement, defendant John Treufeldt, 52, admitted to using an Internet account traced to his residence on Bridlevista Road, in Louisville, that connected to an online community of individuals who regularly sent and received child pornography via a website that operated on an anonymous online network. According to data obtained from logs monitored by law enforcement and other sources, a user with the user name "Elric" registered an account on February 25, 2015. The user "Elric" was logged into the website for a total of 20 hours, one minute and 10 seconds between the dates of December 4, 2014, and February 28, 2015. Treufeldt admitted to accessing videos and images that depicted and contained child pornography.
On March 15, 2016, law enforcement officials executed a federal Search Warrant
on Treufeldt’s residence in Louisville. Treufeldt admitted to using the screen name “Elric” on websites for the purpose of viewing child pornography. Later forensic examination of Treufeldt's
computer revealed the presence of thousands of images (still and video) depicting children engaged in sexually explicit behavior.
Assistant United States Attorney Jo E. Lawless prosecuted this case. The FBI investigated as part of a national operation – “Pacifier.”
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This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc For more information about internet safety education, please visit www.usdoj.gov/psc and click on the tab resources."
Former Larue County Sheriff Guilty of Embezzling Funds and Using His Public Office for Personal GainRead the Press Release
Agreed to pay $36,239 in restitution
BOWLING GREEN, – a former Larue County Sheriff pleaded guilty in United States District Court today before United States District Judge David J. Hale, to a felony information charging him with a single count of embezzling money, that was under his care and custody, and belonged to Larue County, announced United States Attorney John E. Kuhn, Jr.
“When any elected official uses public office for self-enrichment, we are all harmed,” said U.S. Attorney John Kuhn. “But when that elected official is a law enforcement officer, the theft is doubly shameful. Shoffner’s actions erode our faith in those honorable men and women of law enforcement who take their oath to uphold and enforce the law as a solemn and inviolate obligation. Thankfully, his greed and selfishness make him a rare outlier in the ranks of the valiant and dedicated law enforcement personnel who serve all throughout Kentucky.”
Bobby Carlton Shoffner, 58, of Hodgenville, Kentucky was the Larue Count Sheriff in 2011 and 2012 and during that time was responsible for collecting and remitting franchise tax payments and property tax payments. Shoffner admitted in court today, that between November 2011 and April 2012, he embezzled $21,901 in property tax receipts.
Shoffner was also responsible for collecting penalties on payments. Between 2011 and 2012 Shoffner accepted $1,138 in penalty payments from citizens of Larue County, but waived those payments in the County computer system, and kept the payments for his own personal use.
As Sheriff, Shoffner was provided a credit card for official business use. Through 2012, Shoffner used the credit card to pay for $3,200 in personal expenses, including expenses for DirectTV, golf shoes, and Abercrombie & Fitch.
In 2011, Shoffner hired a relative to work in the Sheriff’s Office. Although a previous employee was paid $12/hour part-time, Shoffner’s relative was paid over $30,000 per year to do the same job full-time. That relative did not work full time, and often was not in the office, resulting in a loss of $10,000. After Shoffner’s relative left employment with the Sheriff’s Office, a new part-time employee was hired at $12/hour.
If convicted at trial, Shoffner could be sentenced to no more than five years in prison, pay a $250,000 fine, and be sentenced to serve a three-year period of supervised release. In court today, Shoffner agreed to pay $36,239 in restitution to LaRue County, Kentucky and pay a $1,000 fine at the time of sentencing. Sentencing is scheduled before Judge Hale on September 21, 2017 at 10am in Louisville.
This case is being prosecuted by Assistant United States Attorney David Weiser and is being investigated by the Federal Bureau of Investigation (FBI) and the Public Integrity Unit of the Office of the Kentucky Attorney General.
shoffner_plea_agreement_6-22-17.pdfLouisville Felon Guilty of Possession of Multiple Drugs and A FirearmRead the Press Release
Admitted to possessing approximately 23 pounds of cocaine, heroin, meth and $170,000
LOUISVILLE, Ky. – United States Attorney John E. Kuhn, Jr., announced the guilty plea of a Louisville felon, to possession with the intent to distribute cocaine, heroin and methamphetamine and to possession of a firearm by a convicted felon, in United States District Court before District Judge David J. Hale.
Ambrocio Jennings, 42, pled guilty yesterday, to all counts of a federal criminal complaint and remains in federal custody. At the time of his arrest Jennings possessed a stolen Glock 21 handgun, approximately $170,030 U.S. Currency, approximately 3 lbs. 4.2 ounces of heroin, approximately 6 pounds of meth, and 23 pounds 5.9 ounces of cocaine.
According to the Affidavit attached to the criminal complaint, on February 8, 2017, a U.S. Postal Inspector identified two packages being shipped from a Los Angeles California address to separate Louisville addresses, including one to defendant A. Jennings at Helck Avenue. The intercepted parcels contained 4 pounds of meth and two pounds of meth. With assistance from Louisville Metro Police and the Jefferson County Sheriff’s Office, controlled deliveries of the two packages were made. Jennings was observed entering and exiting the residence on Helck Avenue. When law enforcement attempted to stop Jennings, he began driving erratically and at high speeds, away from the officers. in the direction of Preston Highway near Gilmore Lane. LMPD Air Patrol followed Jennings and witnessed him throw three bags from his truck near Davies Avenue. Further, LMPD Air Patrol directed police to locate and arrest Jennings, then landed their helicopter in a field adjacent to the Davies Avenue location. The three bags were recovered and contained the U.S. currency, handgun, heroin, meth, and cocaine.
At the time of sentencing, the United States will recommend a sentence of 188 months’ incarceration followed by a period of supervised release. Sentencing is scheduled before Judge Hale on September 11, 2017, in Louisville.
Assistant United States Attorney Scott Davis is prosecuting this case. The United States Postal Inspection Service, Louisville Metro Police, and the Jefferson County Sherriff’s Department are investigating.
jennnings_criminal_information.pdfSimpson County, Kentucky Resident Guilty of Making and Possessing Illegal Firearms (Molotov Cocktails)Read the Press Release
BOWLING GREEN, Ky. – United States Attorney John E. Kuhn, Jr. today announced the guilty plea of a Simpson County, Kentucky resident, to charges of making and possessing illegal firearms, commonly known as Molotov cocktails, before United States District Judge Greg N. Stivers, on Friday, June 16, 2017, in United States District Court.
Trey Alexander Gwathney-Law, 20, of Franklin, Kentucky, pleaded guilty to counts one and two of a superseding indictment and was remanded to the custody of the United States Marshal Service pending sentencing on October 11, 2017, in Bowling Green.
In court Friday, Gwathney-Law admitted to making and possessing five illegal firearms.
Specifically, according to the plea agreement, on September 27, 2015, Gwathney-Law knowingly made five illegal firearms. All were made using glass bottles. Four of the bottles (one Mountain Dew, one Sprite, and two Dr. Pepper) contained a dark gas/oil mixture liquid with a cloth wick stuffed in the bottle opening. Commonly referred to as a Molotov cocktail. A fifth, illegal firearm was made using a glass Root Beer bottle and contained a dark gas/oil mixture liquid with a piece of green pyrotechnic fuse attached to the opening with an epoxy sealant. The bottle contained a silver CO2 cartridge in the top of the bottle, under the pyrotechnic fuse. The CO2 cartridge contained explosive powder and small pieces of paper which appeared to have been soaked in the same flammable liquid found inside the bottle. Commonly referred to as a Molotov cocktail. Further, Gwathney-Law admitted to possessing the illegal firearms.
At sentencing, the United States will move to dismiss counts three and counts four of the superseding indictment and agree that a sentence of 20 years, followed by a three year period of supervised release is the appropriate disposition in this case.
This case is being prosecuted by Assistant United States Attorney Jo Lawless and is being investigated by the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), Kentucky State Police (KSP) and the Franklin, Kentucky Police Department.
gwathney-law_plea_agreement_1.pdfFormer LaRue County Sheriff Charged with Embezzling County Funds and Using His Public Office for Personal GainRead the Press Release
shoffner_bobby_charged_6-16-17.pdfBOWLING GREEN, – A former LaRue County Sheriff was charged in a felony information this week with a single count of embezzling money, that was under his care and custody, and belonged to Larue County, announced United States Attorney John E. Kuhn, Jr.
Bobby Carlton Shoffner, 58, of Hodgenville, Kentucky was the LaRue Count sheriff in 2011 and 2012 and during that time was responsible for collecting and remitting franchise tax payments and property tax payments.
According to the information, On or about and between May 13, 2011, and May 13, 2012, LaRue County, Kentucky, received benefits in excess of $10,000 under a federal program involving a grant, contract, subsidy, and other forms of federal assistance.
On or about and between May 13, 2011, and May 13, 2012, in the Western District of Kentucky, LaRue County, Kentucky, Shoffner, being an agent of LaRue County, allegedly embezzled, stole, intentionally misapplied, and knowingly converted to his own use without lawful authority, monies in excess of $5,000 which belonged to, were owned by, and were under the care, custody, and control of LaRue County
If convicted at trial, Shoffner could be sentenced to no more than five years in prison, pay a $250,000 fine, and be sentenced to serve a three-year period of supervised release.
This case is being prosecuted by Assistant United States Attorney David Weiser and is being investigated by the Federal Bureau of Investigation (FBI).
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The charge of a person by a Felony Information is an accusation only and that person is presumed innocent until and unless proven guilty
Kentucky Allergists Agree to Pay $740,578 to Resolve False ClaimsRead the Press Release
wy_settlement_agreement_final_06-2017.pdfSettlement covers alleged improper billing
LOUISVILLE, Ky. – Kentucky allergists Bruce Wolf and Kiro John Yun, have agreed to pay $740,578 to resolve alleged violations of the False Claims Act, announced United States Attorney John E. Kuhn, Jr. Wolf and Yun, P.S.C. (W&Y) is a medical practice group of otolaryngologists specializing in allergy, asthma and immunology with offices located in Bardstown, Elizabethtown and Leitchfield, Kentucky. The government alleged that W&Y submitted false claims when billing Medicare, TRICARE and the Federal Employees Health Benefits Program (FEHBP).
“Losses caused by health care fraud amount to tens of billions of dollars every year,” said U.S. Attorney John Kuhn, of the Western District of Kentucky. “Often those losses are passed along to consumers in the form of increased costs. For that reason, my office will work with federal, state, and local law enforcement to uncover these activities and recover every dollar.”
The settlement resolves the government’s allegations that W&Y improperly billed Medicare, TRICARE and FEHBP for Sublingual Immunotherapy serum preparation and overstated units of serum preparation for injection vials, under CPT Code 95165, and for testing under CPT Code 95024 during the following periods of January 1, 2010, and October 31, 2015 for Medicare; between June 1, 2010, and September 30, 2015, for TRICARE: and between January 1, 2010, and August 31, 2015 for FEHB.
Sublingual immunotherapy (SLIT), is an alternative way to treat allergies without injections whereby an allergist prescribes a patient with an allergen that is sprayed under the tongue to boost tolerance to substances and reduce symptoms. SLIT treatments are not covered by Medicare and other payors because it is considered investigational and thus not a billable procedure.
This case was investigated by the United States Attorney’s Office for the Western District of Kentucky and was prosecuted by Assistant United States Attorney Ben Schecter of the Western District of Kentucky.
Calvert City, Kentucky Men Charged with Intentionally Distributing U-4 Which Resulted in the Death of the UserRead the Press Release
sheppard_hardin_charged_0.pdfFirst defendants charged with U-4 distribution resulting in death,
in the Western District of Kentucky
LOUISVILLE, Ky. – Two Calvert City residents were charged by grand jury indictment this week with intentionally distributing U-4770 commonly known as U-4 or by its street name, “Pink”, a Schedule I controlled substance, to a person known as “T.M.” whose death and serious bodily injury resulted from the use of such substance, and serious bodily injury to K.M. resulted from the use of such substance announced United States Attorney John E. Kuhn, Jr.
“My Office is committed to attacking the supply of deadly opioids and bringing some measure of justice to the victims and their families,” stated United States Attorney John Kuhn. “These federal charges carry a mandatory 20-year sentence upon conviction, without the possibility of parole. This indictment and prosecution, we hope, will deter others who consider trafficking this poison.”
Defendants Jevan M. Sheppard, 25, and Thomas Jared Hardin, 23, both of Marshall County, were charged by grand jury indictment on June 13, 2017. The indictment was unsealed today during initial appearances before Magistrate Judge Lanny King.
Sheppard and Hardin, were charged in a five count indictment with conspiring with one another to possess and intentionally distribute U-4 a Schedule I controlled substance. The death of T.M. resulted from the use of such substance and serious bodily injury to K.M. resulted from the use of the substance. The alleged activity took place between November 14, 2016 and March 22, 2017 in Marshall County, Kentucky.
Further, on March 13 and March 14, 2017, in Marshall County, Sheppard and Hardin are each charged with knowingly and intentionally distributing U-4, and the death of T.M. resulted from the use of such substance and serious bodily injury to K.M. resulted from the use of the substance.
Also, Sheppard is charged with a single count of possession with the intent to distribute U-4 on March 22, 2017 and with a single count of knowingly and intentionally importing into the United States, from China, an amount of U-4, a Schedule I controlled substance, and the death of T.M. resulted from the use of such substance and serious bodily injury to K.M. resulted from the use of the substance.
If convicted of the charges in the grand jury indictment, both defendants could be sentenced to no less than 20 years in prison, and up to and including a life sentence, fined no more than $1,000,000 and serve no less than a three year period of supervised release.
This case is being prosecuted by Assistant United States Attorney Seth Hancock. The case is being investigated by the United States Drug Enforcement Administration (DEA), the Marshall County Sheriff’s Office, the McCracken County Sheriff’s Department, Paducah Police Department, and the Calvert City Police Department, with assistance from the Marshall County Attorney, the Commonwealth’s Attorney for Marshall County, and U.S. Customs and Border Protection.
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The charge of a person by Grand Jury Indictment is an accusation only and that person is presumed innocent until and unless proven guilty.
Paducah Residents Guilty of Possession with Intent to Distribute MethamphetamineRead the Press Release
PADUCAH, Ky. – Two McCracken County, Kentucky residents pled guilty in United States District Court yesterday, before Senior Judge Thomas B. Russell, to a single charge, in a superseding information, of possession with intent to distribute methamphetamine announced United States Attorney John E. Kuhn, Jr.
According to the plea agreement, Ashley P. Cavitt, 26, and John A. Coreau, 29, both of Paducah, admitted in separate plea agreements that on or about November 3, 2016, in McCracken County and elsewhere, the defendants conspired with one another, and others, to distribute 50 grams or more of methamphetamine. The methamphetamine recovered by law enforcement from the Defendants was sent to the Drug Enforcement Agency’s North Central Laboratory in Chicago, Illinois, which revealed that the drugs confiscated from Cavitt and Coreau contained 282.4 grams of methamphetamine with all 282.4 grams being actual methamphetamine.
Cavitt and Coreau remain in federal custody awaiting sentencing on September 27th, in Paducah at 11:00am CST, before Senior Judge Russell.
Both plea agreements for Cavitt and Coreau call for the United States to recommend a sentence of 120 months in prison, which is the mandatory minimum term of imprisonment required by law.
This case is being prosecuted by Assistant United States Attorney Nute Bonner and is being investigated by the Paducah Police Department and the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF).
Former Officer at Providence Police Department, Located in Webster County, Kentucky, Indicted for Civil Rights Violations and Falsifying A DocumentRead the Press Release
BOWLING GREEN, Ky. – A former officer with the Providence Police Department, located in Webster County, Kentucky, was charged by federal grand jury indictment this week, with two counts of willfully depriving an arrestee of his constitutional rights under color of law, and one count of falsifying a document, announced the Justice Department and John E. Kuhn, Jr., United States Attorney for the Western District of Kentucky.
William Dukes, Jr., 42 of Greenville, Kentucky, was arrested today and currently is in federal custody.
Count one of the indictment alleges that defendant Dukes while acting under color of law as an officer with the Providence Police Department, arrested a Kentucky resident (J.L.), on May 26, 2016, without probable cause to believe that J.L. had committed a crime, and that this offense involved the use of a dangerous weapon and resulted in bodily injury to J.L. The arrest willfully deprived J.L. of the right, secured and protected by the Constitution and laws of the United States, to be free from unreasonable seizures.
Count Two of the indictment alleges that on May 26, 2016, defendant Dukes, while acting under color of law as an officer with the Providence Police Department, willfully deprived J.L. of the rights secured and protected by the Constitution and laws of the United States, to engage in free speech and to petition the government for redress of grievances. Specifically, after J.L. attempted to exercise his right to complain about the actions taken against him by Dukes, a police officer, defendant Dukes took adverse action by arresting J.L. at his home, without legal justification, in order to deter J.L. from continuing to exercise that right. This offense involved the use of a dangerous weapon and resulted in bodily injury to J.L.
Count Three of the indictment alleges that on May 26, 2016, Dukes, acting in relation to and in contemplation of a matter within the jurisdiction of the FBI, knowingly covered up, falsified, and made a false entry in, a record and document with the intent to impede, obstruct, and influence the investigation and proper administration of that matter.
If convicted, Dukes faces a maximum statutory punishment of 10 years of imprisonment on Counts One and Two, and 20 years of imprisonment on Count Three.
This case is being investigated by the Louisville Field Office of the Federal Bureau of Investigation, and is being prosecuted by Assistant United States Attorney Seth Hancock of the U.S. Attorney’s Office for the Western District of Kentucky, and Roy Conn III, Trial Attorney of the Criminal Section of the Civil Rights Division.
An indictment is merely an accusation, and Dukes is presumed innocent unless proven guilty.
dukes indictment_6-8-17.pdf
Final Defendant in Ballard County Methamphetamine Distribution Ring, Sentenced to 240 Months in PrisonRead the Press Release
PADUCAH, Ky. – Wickliffe, Kentucky, resident and convicted felon, Christopher Ford, was the last of six co-defendants sentenced in United States District Court this week to 240 months in prison, followed by a five year period of supervised release, by Senior Judge Thomas B. Russell, for his role in the distribution of methamphetamine, a controlled substance, and additional charges of being a felon in possession of firearms, announced United States Attorney John E. Kuhn, Jr.
“The sentencing of Christopher Ford marks the end of a dangerous and large-scale methamphetamine distribution ring operating in the Wickliffe community,” stated U.S. Attorney John Kuhn. “This case is just one example of our local, state and federal law enforcement agencies working together to disrupt the methamphetamine supply in western Kentucky. Drug dealers who sell this poison will face stiff penalties when we bring them to justice."
Ford, 50, conspired with Wickliffe residents Amy Pary, 40; Delana Mott, 35; Keith A. Cooper, 35; Johnny R. Magee, 43; and Vanessa Cooper to distribute 500 grams or more of methamphetamine, between March 1, 2015, and August 26, 2015. All of the sales took place in Ballard County, Kentucky. All were sentenced in United States District Court by Senior Judge Russell. Co-defendant Pary was sentenced to 132 months, Mott was sentenced to 120 months, Cooper was sentenced to 63 months, Magee was sentenced to 48 months and Vanessa Cooper was sentenced to two years of probation.
Ford was convicted in Ballard Circuit Court, on September 5, 2008, in case number 08-CR-00021, of manufacturing methamphetamine, and criminal syndicate/engaging in organized crime. In U.S. District Court, Ford plead guilty to possession of the following firearms: (1) a Smith and Wesson, Model SD40VE, .40 caliber semiautomatic pistol; (2) a Cobra Enterprises, Inc., Model CA380, .380 caliber semiautomatic pistol; (3) a Leinad, Inc., Model MR, .45/410 caliber pistol; (4) a Stag Arms, Model Stag-15, 5.56 millimeter rifle; and (5) a DPMS (Defense Procurement Manufacturing Service), Model A15, .223-5.56 millimeter caliber rifle; and ammunition.
This case was prosecuted by Assistant United States Attorney Seth Hancock, and was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), the Paducah Police Department, the Ballard County Sheriff’s Department, the Murray Police Department, the
Russell County Police Department and the Kentucky State Police.
Tennessee Contractor Sentenced for Giving Kickbacks Tied to Construction of Fulton County Detention CenterRead the Press Release
Sentenced to 35 months imprisonment; Ordered to pay $100,000 restitution
PADUCAH, Ky. – a Dresden, Tennessee, business owner and contract supplier was sentenced to 35 months in prison and ordered to pay $100,000 restitution today in United States District Court by Senior Judge Thomas B. Russell for his role in a conspiracy to defraud Fulton County citizens, through kickbacks and concealment of costs associated with work performed on the 2015 Fulton County Detention Center expansion, announced United States Attorney John E. Kuhn, Jr.
“Public corruption, in any form, cannot be tolerated," stated U.S. Attorney John Kuhn. "When contractors pay kickbacks to public officials, they effectively steal from taxpayers and facilitate the corruption. Public office must never be used for unlawful self-enrichment, whether by our elected officials or those having business with government agencies. The Department of Justice will work to prevent this corruption and maintain the public's trust in government integrity."
Ronald D. Armstrong, 60, pled guilty to four charges including Honest Services Wire Fraud and Wire Fraud for his role in a conspiracy that involved then Fulton County Jailer Ricky D. Parnell and others between April 2015 and August 2016. Judge Russell sentenced Armstrong to 35 months of confinement and ordered that he pay $100,000 in restitution to Fulton County.
Armstrong is the owner of Armstrong Construction, located in Dresden, Tennessee, whose company often performed contracting work for Fulton County both as part of the Fulton County Detention Center expansion (Project) and for work done prior to the Project. Armstrong has been doing business with Parnell and Fulton County for approximately twenty years.
Armstrong was awarded a $210,000 general contractor contract by the Fulton County Fiscal Court as part of the Project. Parnell influenced the Fulton County Fiscal Court to award Armstrong with this contract with the understanding that Armstrong would pay Parnell $100,000 of his fees to Parnell as a kickback for being awarded the contract. In following through with this agreement, Armstrong so far has paid Parnell $80,000 in cash.
Armstrong knowingly and voluntarily agreed and conspired with Parnell to give Parnell cash kickbacks due to Parnell influencing the Fulton County Fiscal Court to award Armstrong with the general contractor contract for the Project, which Parnell could do because he was the Fulton County Jailer. Armstrong’s contractor fees were paid by Fulton County. As part of their kickback scheme, the Fiscal Court paid Armstrong by check in amounts of $50,000, $60,000, and $50,000, which were drawn on the Fulton County account with Republic Bank in Louisville, Kentucky, and those checks triggered interstate wire transfers.
Armstrong and Parnell both profited from their arrangement and neither the Fulton County Fiscal Court nor the citizens of Fulton County were ever made aware of the arrangement. In doing so, Armstrong had the intent to defraud the citizens of Fulton County through the kickback scheme he entered into with Parnell.
Armstrong was charged by grand jury indictment, with co-defendants Ricky D. Parnell of Hickman, Kentucky; Michael Homra of Fulton, Kentucky; Jimmy Boyd of South Fulton, Tennessee; and Daniel C. Larcom, of Union City, Tennessee, on November 15, 2016 and were arraigned in United States District Court in Paducah, before Magistrate Judge Lanny King that same day. Larcom will be sentenced on June 15th and Parnell will be sentenced on July 24th. Charges against Boyd were dismissed on motion of the United States.
This case is being prosecuted by Assistant United States Attorney Nute Bonner and is being investigated by the Kentucky Attorney General’s Office and the Federal Bureau of Investigation (FBI).
Allen County Accountant Charged with Wire Fraud and Filing Fraudulent Individual Federal Tax ReturnsRead the Press Release
Failed to include over $600,000 in reportable income on federal tax returns
LOUISVILLE, Ky. – An Allen County Kentucky accountant was charged this week by a federal criminal information with devising a scheme to defraud his employer, and with filing fraudulent individual income tax returns, over a five-year period, that failed to include over $600,000 in reportable income, announced United States Attorney John E. Kuhn, Jr.
According to the Information, Stephen C. Jones, 50, of Scottsville, Kentucky, committed wire fraud between January of 2010 and August of 2015, when he devised and executed a scheme to defraud his employer, by diverting money from the company’s bank account to his personal bank account.
Further, Jones is charged with preparing and presenting jointly-filed, U.S. Individual Income Tax Returns, to the Internal Revenue Service, for calendar years from 2011 to 2015, that were false and fraudulent, as they did not include approximately $631,691 in reportable income, which Jones knew was income and that should have been reported.
Charges in Kentucky Circuit Court have been dismissed in order for the federal prosecution of defendant Jones to proceed.
If convicted at trial, Jones could be sentenced to no more than 20 years for Count One and no more than three years for each of Counts Two through Six.
Assistant United States Attorney Amanda Gregory is prosecuting the case. The Federal Bureau of Investigation (FBI), the Internal Revenue Service (IRS), and the Allen County Sheriff’s Office investigated the case.
jones_stephen_ci_6-6-17.pdfLouisville Man Guilty of Sex Trafficking of A MinorRead the Press Release
27 year-old man used 14-year-old girl for commercial sex acts
LOUISVILLE, Ky. – Keith L. Napier, Jr. of Louisville pleaded guilty in United States District Court yesterday, before Senior Judge Charles R. Simpson III, to a charge of sex trafficking of a minor, announced United States Attorney John E. Kuhn, Jr.
“Sex trafficking minors is a monstrous crime that preys upon vulnerable teenagers and children,” stated United States Attorney John Kuhn. “I commend the Louisville Metro Police Department and the FBI for their tremendous investigative work in this case. Together, the federal, state and local authorities will do everything in our power to bring sex traffickers to justice in hopes that we will deter and prevent victimization of other children.”
Napier, 27, admitted that beginning in March of 2016, in Jefferson County, Kentucky, he asked Jane Doe, a 14-year-old female, if she could help him earn money to pay off debts by performing commercial sex acts. Napier had a reasonable opportunity to observe Jane Doe, and also knew her real age. From March 2016 to May 2016, Napier transported Jane Doe to and from appointments with clients for commercial sex. The commercial sex acts frequently took place at hotels and were advertised on the internet website, Backpage.com.
The investigation was opened during a prostitution sting coinciding with the Kentucky Derby when Louisville Metro Police Department (LMPD) officers found a listing on Backpage.com advertising prostitution. A LMPD Detective arranged a meeting and encountered a 14-year-old female. Napier had transported the minor to the Jefferson County hotel to perform a commercial sex act.
If convicted at trial, Napier could have been sentenced to no less than ten years in prison and up to life, followed by at least a five-year period of supervised release, and fined up to $250,000.
The case is being prosecuted by Assistant United States Attorney Amanda E. Gregory of the Western District of Kentucky. The case is being investigated by LMPD and the FBI’s Louisville Division.
Louisville Physician Sentenced to 48 Months in Prison for Unlawful Distribution of Controlled Substances and Health Care FraudRead the Press Release
LOUISVILLE, Ky. – United States Attorney John E. Kuhn, Jr., today announced the 48 month sentence of a Louisville physician, in United States District Court, by Chief District Judge Joseph H. McKinley, Jr., for unlawful distribution of controlled substances and health care fraud. Restitution will be determined at a later date by Chief Judge McKinley.
“Despite his physician’s oath to do no harm, Dr. George Kudmani recklessly prescribed opioids, for no legitimate medical purpose, to patients suffering from substance use disorders,” stated U.S. Attorney John Kuhn. “I hope today’s sentence will bring some measure of closure to those patients and families harmed by Dr. Kudmani. I hope, too, this sentence will send a message to physicians that prescribing opioids outside the scope of legitimate medical care will be punished.”
George Kudmani, 71, was convicted of nineteen counts of unlawfully distributing controlled substances and eight counts of health care fraud, following a seven-day jury trial, in Louisville, on January 26, 2017.
After trial, Kudmani was convicted of unlawfully distributing and dispensing controlled substances, not for a legitimate medical purpose and beyond the bounds of a professional medical practice, between July 2009 and September 2012. The controlled substances prescribed were Oxycodone, a schedule II controlled substance, and Hydrocodone, a schedule III controlled substance.
Kudmani was also convicted of health care fraud for falsely and fraudulently billing Kentucky Medicaid (Passport) by submitting claims for medically unnecessary Transvaginal Ultrasounds (TVS), TVSs not performed, and billing for TVS reports that were never prepared for patients, between January 2009 and September 2012.
Kudmani operated an obstetrical and gynecological medical practice located at 9702 Stonestreet Road, in Louisville, Kentucky from December of 1980 until 2012. The practice did not employ any other individual with medical training. Evidence developed at trial demonstrated that between 2009 and 2012, a typical first-time patient would pay $75 for a gynecological exam, then typically pay $35 in cash during later visits to receive a Schedule II-V controlled substance prescription without a physical examination. Multiple patients testified to paying cash and being prescribed controlled substances for years.
In addition to the 48 month sentence, Kudmani owes $2,600 in special penalties and will serve three years of supervised release. The amount of money he will be required to forfeit and to pay victims as restitution will be determined by the Court in a later order.
This case was prosecuted by Assistant United States Attorneys Joseph Ansari and Lettricea Jefferson-Webb, assisted by paralegal Lori Cracknell and was investigated by the United States Drug Enforcement Administration (DEA), Federal Bureau of Investigation (FBI), Kentucky Medical Fraud Control Unit and Louisville Metro Police Department (LMPD).
Louisville Felon to Serve A Life Sentence Without the Possibility of Parole for Engaging in Sexually Explicit Conduct with A Minor and Producing ImagesRead the Press Release
Defendant is currently serving a 210-month sentence for distribution and possession of child pornography
LOUISVILLE, Ky. – A Louisville felon was sentenced to serve a life sentence without the possibility of parole, by Chief District Judge Joseph H. McKinley Jr, in United States District Court today, for coercing a minor to engage in sexually explicit conduct for the purpose of producing a visual depiction announced United States Attorney John E. Kuhn, Jr. Arthur Wayne Kniffley is currently serving a
210-month sentence for distribution and possession of child pornography.
“Kniffley is a predator who abused innocent children repeatedly over the course of many years, children who will struggle with the effects of his unspeakable conduct for the rest of their lives,” stated U.S. Attorney John Kuhn. “We hope these victims, their families and our community may find some solace in knowing that others are finally safe from this man, who will spend the remainder of his life in prison, with no hope of parole or early release.”
Kniffley, 43, was convicted by a federal jury, on all charges, on February 8, 2017, following a three-day trial. The jury deliberated under one hour before reaching its unanimous verdict.
According to information and testimony presented at trial, on or about October 12, 2003, July 31, 2007, and August 1, 2007, in Louisville, Kniffley, molested and photographed a minor engaging in sexually explicit conduct with his Polaroid digital camera.
Kniffley was previously convicted in the Western District of Kentucky of distribution and
possession of child pornography in Criminal Action Number 3:08-CR-134-S on January 25, 2010.
For the prior case, Kniffley was sentenced to a period of 210 month’s incarceration.
During an interview with law enforcement in the previous case, Kniffley admitted to law enforcement that he viewed images of child pornography so he would not again harm children.
After the conclusion of the former prosecution the FBI and United States were contacted by a previously unidentified victim whose images had been discovered in forensic review of Kniffley’ s digital camera seized during a search warrant.
The victim explained that he/she had been sexually abused and photographed by Kniffley via digital camera when he/she was between 11 to 15 years old. The victim was interviewed by the FBI and confirmed the photographs contained his/her image. The victim said Kniffley would take pictures of him/her engaging in sexual activity with Kniffley’s digital camera.
Kniffley also sexually abused three minors in state criminal action number 95-CR-2158.
Kniffley provided a statement to a Detective that he used the children to perform sexual acts.
This case was prosecuted by Assistant United States Attorney Joshua Judd, and was investigated by the Federal Bureau of Investigation (FBI).
Fulton County Contract Supplier Sentenced to Probation, Fined and Ordered to Pay Restitution for Giving Kickbacks Tied to Construction of the Fulton County Detention CenterRead the Press Release
PADUCAH, Ky. – A Fulton County, Kentucky, business owner and contract supplier was sentenced today, in United States District Court, before Senior Judge Thomas B. Russell for his role in a conspiracy to defraud Fulton County citizens, through kickbacks and concealment of costs associated with work performed on the 2015 Fulton County Detention Center expansion, announced United States Attorney John E. Kuhn, Jr.
Michael Homra, 80, was sentenced to serve two years of probation, ordered to pay a $10,000 fine, and pay $32,500 in restitution.
Homra pled guilty on January 20, 2017, to three charges including Honest Services Wire Fraud and Wire Fraud for his role in a conspiracy that involved then Fulton County Jailer Ricky D. Parnell and others between April 2015 and August 2016.
Homra is the owner of The Leader Store located in Fulton, Kentucky. His company often sold building materials to Fulton County as part of the Detention Center expansion project. Homra allowed Parnell to use The Leader Store as a middleman company for building supplies ordered during the project and paid Parnell cash kickbacks while the project was ongoing.
The agreement between Homra and Parnell was for Parnell to inflate prices that The Leader Store charged Fulton County for purchases and then for Homra to pay Parnell 50% of the profits from these purchases. Homra would pay Parnell with cash and paid Parnell between $10,000 and $25,000.
Further, Homra knowingly and voluntarily agreed and conspired with Parnell to give Parnell cash kickbacks, both as a favor to Parnell and so that Parnell would continue to use The Leader Store as a supplier for the Fulton County Detention Center. As part of their kickback scheme, Fulton County paid The Leader Store by check in amounts of $54,364.00 and $66,530.58.
Homra was charged by grand jury indictment, with co-defendants Ricky D. Parnell, of Hickman, Kentucky; Ronald D. Armstrong, of Dresden, Tennessee; Jimmy Boyd, of South Fulton, Tennessee; and Daniel C. Larcom, of Union City, Tennessee, on November 15, 2016. Parnell, Armstrong, and Larcom have entered guilty pleas and await sentencing.
This case is being prosecuted by Assistant United States Attorney Nute Bonner and is being investigated by the Kentucky Attorney General’s Office and the Federal Bureau of Investigation (FBI).
Marshall County, Kentucky, Resident Sentenced to 51 Months in Prison for Bank Fraud and Multiple Counts of Identity FraudRead the Press Release
Ordered to pay $109,064.94 in restitution
PADUCAH, Ky. – A Marshall County, Kentucky, resident was recently sentenced in United States District Court, by Senior Judge Thomas B. Russell, to 51 months in prison, followed by a three year period of supervised release and was ordered to pay $109,064.94 in restitution for committing bank fraud and identity fraud announced United States Attorney John E. Kuhn, Jr
.
Corey Thorson, 41, of Benton, Kentucky pleaded guilty to all charges in a six-count indictment on January 12, 2017 before Judge Russell. He was sentenced on Friday, May 19, 2017, and remains in federal custody.
Between May 2013, and December 2014, Thorson was employed at State Farm Insurance Agency. Thorson, during his employment with State Farm, had access to the personal information of his clients. Using their personal information, Thorson was able to apply for and receive numerous automobile loans under his clients’ names. Thorson used their names, dates of birth, Social Security numbers, and forged his clients’ signatures on the loan documents. Further, he was able to influence State Farm Bank to approve the loans. Thorson knew he did not have authority to apply for or obtain these loans, but did so anyways with the intent to defraud State Farm Bank.
This case was prosecuted by Assistant United States Attorney Nute A. Bonner, and was investigated by the Kentucky Department of Insurance and the Kentucky State Police.
Former Treasurer of Henderson, Kentucky, Church Sentenced to 21 Months in Prison for Embezzling FundsRead the Press Release
Ordered to pay $201,260.02 in restitution
Money was used to pay personal expenses over a ten year period
OWENSBORO, Ky. – The former treasurer of Greater Norris Baptist Church, located in Henderson County, Kentucky, was sentenced in United States District Court today, by Chief Judge Joseph H. McKinley Jr., to 21 months in prison, followed by a three year period of supervised release and was ordered to pay $201,260.02 in restitution, announced United States Attorney John E. Kuhn, Jr.
“People contribute to organizations like churches and other non-profits simply because they want to do good in the world,” stated United States Attorney John Kuhn. “Stealing funds from these groups is not only criminal, it’s disgraceful. This sentence punishes Tillman and insures she will pay back every penny that was not hers to take.”
According to the plea agreement, Delanie L. Tillman, of Henderson County, devised a scheme to defraud and obtain money and property by means of false pretenses, from the Greater Norris Baptist Church, between 2004 and June 5, 2014.
Specifically, Tillman was charged, in an 11 count indictment, with making unauthorized wire transfers and writing unauthorized checks to pay for personal expenses using the church’s funds.
This case was prosecuted by Assistant United States Attorney David Weiser and was investigated by the Henderson Police Department and the Federal Bureau of Investigation.
Louisville Felon Charged with Possession of Two Pipe Bombs and Five Firearms Including A Sawed Off Shotgun and A Homemade 12 Gauge Pipe GunRead the Press Release
State charges dropped for federal case to proceed
LOUISVILLE, Ky. – Charges against Louisville felon Michael C. Beck, in Jefferson Circuit Court have been dropped so that the federal charges may proceed. Beck, 28,was charged by grand jury indictment on February 22, 2017, with illegal possession of explosive bombs and firearms including a sawed off shotgun and a homemade 12-gauge pipe gun, announced United States Attorney John E. Kuhn, Jr.
Beck, was charged by criminal complaint on January 19, 2017, and remains in federal custody with a June 12, 2017, trial scheduled in Louisville before Senior Judge Charles R. Simpson III.
According to the indictment and an affidavit attached to the criminal complaint, on January 13, Louisville Metro Department of Corrections Home Incarceration Program (HIP) received information that firearms and possible bombs were present at Beck’s residence on Homewood Drive. A resident living at the address was on HIP and Beck had been served that day by the Jefferson County Sheriff’s Department with an Emergency Protection Order (EPO).
Special Agents with ATF and Louisville Metro Police assisted the HIP officers with a home inspection. During that inspection, Beck allegedly gave permission for officers to retrieve a weapon known to be in his bedroom and to search the room.
Subsequently, Beck was charged with possession of an explosive bomb, consisting of galvanized steel pipe, approximately eight inches long by two inches in diameter, threaded on both ends to accept galvanized steel endcaps, containing suspected explosive powder with a wooden plug and a fuse.
Further, Beck was charged with possession of a second explosive bomb consisting of a copper pipe, approximately six inches in length and one and a half inches in diameter, crimped on one end containing suspected explosive powder and a wooden plug and fuse.
Also, Beck was charged with possession of a homemade 12-gauge pipe gun and four firearms including a Harrington and Richardson, Model Topper 88, 12-gauge shotgun, with a barrel length of less than 18 inches; a Mossberg Model 500, 12-gauge shotgun; a Ruger, Model P95DC, 9 mm semi-automatic pistol; and a Heritage Model Rough Rider, .22 caliber revolver. Beck was previously convicted of a 2nd degree felony, on August 20, 2007, in Bastrop County, Texas.
If convicted at trial, Beck could be sentenced to no more than 50 years in prison, fined $1,250,000 and serve a three-year period of supervised release.
This case is being prosecuted by Assistant United States Attorney Erin McKenzie and is being investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), with assistance from Louisville Metro Police.
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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
beck_michael_indictment.pdfLouisville Convicted Felon, Charged with Threatening to Kill A Louisville Metro Intel (LM Intel) Joint Task Force Member and Multiple Firearm ViolationsRead the Press Release
Co-defendant charged with being a felon in possession of firearms and ammunition
BOWLING GREEN, Ky. – United States Attorney John E. Kuhn, Jr., today announced the grand jury indictment of two Louisville convicted felons – one charged with threatening to kill a Louisville Metro Police Officer while engaged in the performance of his official duties – and both defendants were charged with firearm violations. These charges result from an investigation by Louisville Metro Intel (LM Intel): an intelligence-led task force which identifies serious, violent offenders and leverages all available resources to investigate, apprehend and prosecute these offenders. The LM Intel Joint Task Force was announce in January of 2017, and includes the United States Attorney’s Office, federal investigative agencies, state prosecutors and Louisville Metro Police.
Chicoby Summers, and Roman L. Brown, Jr., were charged individually this week, in a single eight count indictment, with counts of being a felon in illegal possession of firearms and defendant Brown faces additional charges of threatening to assault and threatening to kill a member of LM Intel.
Specifically, on April 12, 2017, Brown allegedly threatened to assault and threaten to kill the LM Intel Joint Task Force member, with the intent to impede, interfere, intimidate and retaliate against the LM Intel member while he was engaged in the performance of his duty. Further, on the same day, Brown allegedly threatened to assault a member of the immediate family of the LM Intel Joint Task Force member, while he was engaged in the performance of his official duty.
Brown is additionally charged with being a convicted felon in possession of a Glock Model 36,.45 caliber pistol, and a Zastava, 7.62 caliber pistol, Model PAP M92PV. Brown was convicted in Jefferson County Circuit Court of Trafficking in a Controlled Substance First Degree, on September 18, 2013.
Defendant Summers is charged with being a felon in possession of firearms and ammunition – when at the time of his arrest, on April 12, 2017, he possessed two Taurus 9 millimeter handguns and a Zastava, 7.62 caliber pistol, Model PAP M92PV, and ammunition. Summers was initially charged in a federal complaint Summers was convicted in Jefferson county Circuit Court of Trafficking in a Controlled Substance First Degree and Tampering with Physical Evidence on October 9, 2014.
If convicted at trial, Summer could be sentenced to no more than ten years in prison for counts one, two, and three. Brown could be sentenced to no more than a combined sentence of 42 years in prison, and both could be required to pay a fine and serve a period of supervised release.
This case is being prosecuted by Assistant United States Attorneys Erin G. McKenzie and is being investigated by the FBI, ATF, DEA, and LMPD.
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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
summers_chicoby_complaint_april_2017.pdfConvicted Felon, Living in Logan County, Kentucky, Charged with Possession and Attempted Distribution of MethamphetamineRead the Press Release
Charges include being a felon in possession of seven firearms and ammunition
BOWLING GREEN, KY – A convicted felon living in Logan County, Kentucky, was charged by grand jury indictment this week with possession with intent to distribute methamphetamine and with being a felon in possession of firearms and ammunition, announced United States Attorney John E. Kuhn, Jr.
Sherman Matthew Watkins, 40, who was residing in Russellville at the time of his arrest, was charged in a three count indictment, with one count of possession with intent to distribute five grams or more of methamphetamine a Schedule II controlled substance and two counts of being a felon in possession of seven firearms and ammunition. The alleged criminal activity took place in Logan County, on December 6, 2016.
At the time of his arrest Watkins was allegedly in possession of $1,132 in U.S. currency and a Norinco, model SKS, 7.62x39 semiautomatic rifle; a Smith and Wesson, model 37 Airweight, .38 caliber revolver; a Smith and Wesson, model 10-8, .38 caliber revolver; a Glock, model 42, .380 caliber semiautomatic pistol; a Ruger, model 10/22, .22 caliber semiautomatic rifle; a Mossberg, model 590, 12 gauge semiautomatic shotgun; a Just Right Carbines, model JR Carbine, 9mm semiautomatic rifle; and assorted rounds of ammunition.
Watkins has two previous convictions in Jefferson County Circuit Court including Possession of a Controlled Substance 1st Degree on May 8, 2014, and Criminal Possession of a Forged Instrument 2nd Degree, on May 26, 2011.
If convicted at trial, Watkins could be sentenced to no less than 5 years for count one and no more than ten years for each of counts two and three.
This case is being prosecuted by Assistant United States Attorney Mac Shannon and is being investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF).
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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
Simpson County, Kentucky Woman Sentenced to 46 Months in Prison for Bank RobberyRead the Press Release
Stole $43,100 and threatened to kill bank employees, customers and an alleged child hostage
BOWLING GREEN, Ky. – A Simpson County, Kentucky, woman was sentenced yesterday, in United States Court, by District Court Judge Greg N. Stivers, to serve 46 months in federal prison and ordered to pay $43,100 restitution, for a single count of bank robbery, announced United States Attorney John E. Kuhn, Jr.
“Every bank robbery jeopardizes the safety of bank employees and customers,” stated U.S. Attorney John Kuhn. “In this case the defendant absolutely terrorized bank employees with her threat against them and spurious hostages, including a woman and her young daughter. Although no one was physically hurt, this four year sentence is appropriate considering this defendant had robbed another bank in this same manner without any concern for the risks to innocent employees or by-standers.”
Patricia Lamar Brewer, 48, previously admitted to robbing the Citizens First Bank located at 1200 South Main Street, in Franklin, Kentucky, of $43,100 at approximately 9:30 a.m. on July 30, 2012. She also admitted to wearing eye-glasses, a hat, and a wig and handing a teller a threatening note stating:
“Don’t call cops or set off any alarms be calm we are watching you we have this ladys child if she don’t do what we say she will die and her daughter and everyone in this bank 80,000 dollars unmarked, untraceable bills if she is not out here in 5 min she will die along with her daughter and everyone in this bank we are watching you now so hurry now if you want to live.”
Brewer was previously convicted of robbing a bank in Panama City Beach, Florida, using a similar disguise and note. Evidence gathered from that robbery led FBI to Brewer and the Kentucky bank robbery.
Brewer remains free on bond.
This case was prosecuted by Assistant United States Attorney David Weiser and was investigated by the Federal Bureau of Investigation (FBI).
Former Marion County, Kentucky, Resident Charged with Possession with Intent to Manufacture Marijuana and Possession with Intent to Distribute MarijuanaRead the Press Release
LOUISVILLE, Ky. – United States Attorney John E. Kuhn, Jr. today announced the initial appearance of John Robert Boone a/k/a Johnny Boone, before Magistrate Judge Colin H. Lindsay, in United States District Court. Boone is charged in a two-count federal grand jury indictment with manufacturing more than 1,000 marijuana plants and with possession with intent to distribute 50 kilograms (110 pounds) or more of marijuana.
Boone, formerly of Marion County, Kentucky, was taken in to custody by the United States Marshals Service after being deported from Montreal, Canada.
Boone was indicted on October 7, 2008 on two charges: on or about May 27, 2008, knowingly and intentionally manufacturing and possessing with the intent to manufacture and distribute 1,000 or more marijuana plants, a controlled substance; and on or about May 27, 2008, knowingly and intentionally possessing with the intent to distribute 50 kilograms or more of marijuana, a controlled substance.
If convicted at trial, Boone potentially faces a mandatory, minimum sentence of 20 years in prison, depending on his criminal history. Further, Boone could be fined up to $10,000,000 and be required to serve no less than 5 years of supervised release.
This case is being prosecuted by Assistant United States Attorney Larry Fentress.
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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
boone_indictment_002.pdfFormer Bullitt County, Kentucky, Sheriff Charged with Attempting to Obstruct Justice and Aiding and Abetting A Bullitt County Special Deputy in A Conspiracy to Distribute MarijuanaRead the Press Release
Alleged criminal activity took place during a one year period while David Greenwell served as Bullitt County Sheriff
LOUISVILLE, Ky. – A former Bullitt County, Kentucky, Sheriff was charged by grand jury indictment, under seal, with four counts of attempting to obstruct the due administration of justice while serving as sheriff, and with one count of aiding and abetting in a conspiring to distribute 100 kilograms or more of marijuana, a schedule I controlled substance, announced United States Attorney John E. Kuhn, Jr.
David Greenwell, of Bullitt County, was arrested today and appeared before U.S. Magistrate Judge Colin Lindsay in Louisville.
According to the indictment, that was unsealed today, the alleged illegal activity was committed by Greenwell, between June of 2014, and July of 2015, while he served as Bullitt County Sheriff.
In June of 2014, Greenwell allegedly attempted to obstruct, influence and impede an official proceeding (a federal criminal prosecution) by arranging a secret meeting with C.M., a Bullitt County Special Deputy, who was the subject of state and federal criminal investigations, and for informing C.M. that he was under investigation, and for providing C.M. of the name of a potential government witness.
In July of 2014, Greenwell allegedly corruptly attempted to obstruct, influence, and impede, a federal criminal prosecution, by informing C. M., a Bullitt County Special Deputy and the subject of state and federal criminal investigations, that his place of business was under photographic surveillance (pole camera).
On May 15, 2015, Greenwell allegedly attempted to obstruct, impede, and interfere with a duly authorized criminal investigation, disclosed to C.M., a Bullitt County Special Deputy and the subject of state and federal criminal investigations, the contents of wire communications, that were intercepted as part of the criminal investigation.
Further, in July of 2015, Greenwell allegedly corruptly attempted to obstruct, influence, and impede an official proceeding, a federal criminal prosecution, by arranging a secret meeting with L.M., a Bullitt County Special Deputy and a person of interest in state and federal criminal investigations, and provided him with the names of three potential government witnesses in the federal prosecution.
In addition, between July of 2014 and July of 2015, Greenwell, while serving as Bullitt County Sheriff, allegedly aided and abetted C.M, while he served as a Bullitt County Special Deputy, in a conspiracy, to distribute 1000 kilograms or more of marijuana.
If convicted at trial, Greenwell could be sentenced to no less than ten years, including a life sentence, ordered to pay a fine of $11 million, and serve up to a five year period of supervised release.
This case is being prosecuted by Assistant United States Attorney Larry Fentress and is being investigated by the Federal Bureau of Investigation (FBI)
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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
greenwell_david_indictment_5-2-17.docxAllen County, Kentucky, Resident Pleads Guilty to Malicious Destruction of Property by Fire and Mail FraudRead the Press Release
The set fire resulted in the death of a firefighter
BOWLING GREEN, Ky. – An Adair County, Kentucky resident pleaded guilty yesterday in United States District Court, before District Judge Greg N. Stivers, to charges of setting a fire to her rental home, in order to obtain money, through false pretenses, from a renter’s insurance policy purchased prior to setting the fire, announced United States Attorney John E. Kuhn, Jr.
Brandi Pritchard a/k/a Brandi Waggener, 41, of Columbia, Kentucky, was charged with co-defendant Steve Allen Pritchard a/k/a “Boo” Pritchard, in a grand jury superseding indictment on November 9, 2016.
Pritchard admitted in court that on June 30, 2011, she maliciously damaged and destroyed, by means of fire, the building at 3043 Liberty Road, in Columbia, Kentucky. The fire resulted in the death of a public safety official performing duties as direct and proximate result of the fire.
Specifically, Brandi Pritchard and Steve Allen Pritchard resided in a rental home at 3043 Liberty Road, Columbia, Kentucky. On June 24, 2011, Brandi Pritchard purchased a $50,000 renter’s insurance policy from Grange Insurance Company. When Steve Allen Pritchard found out about the renter’s insurance policy, he allegedly suggested that the couple could intentionally set fire to their residence to collect on the insurance policy. Steve Allen Pritchard allegedly told Brandi Pritchard that he had previously started fires to collect insurance proceeds.
On June 29, 2011, Steve Pritchard sent Brandi Pritchard’s two children and the family dog to stay with friends for the night. In the early morning hours of June 30, 2011, Steve Pritchard allegedly set fire to the residence, and then drove Brandi Pritchard to her job in Somerset. Brandi Pritchard knew that Steve Pritchard had set the fire before they left the house to drive to Somerset.
The fire destroyed the Pritchard’s residence, and during the course of the fighting the fire, Columbia Fire Department Assistant Fire Chief Charles Sparks suffered a heart attack. Assistant Chief Sparks never recovered and died on July 8, 2011 as a result of injuries incurred performing his duties on June 30, 2011. Steve and Brandi Pritchard subsequently claimed that they were not at home when the fire started, and speculated that the fire could have started due to electrical problems.
After the fire, Brandi Pritchard submitted an insurance claim to Grange Insurance Company. That claim falsely listed numerous items that the Pritchard’s did not own, and overstated the value of other items. Steve Pritchard allegedly assisted Brandi Pritchard in preparing that false insurance claim, and shared the proceeds of the fraud when Grange Insurance Company paid Brandi Pritchard the full value of the policy. Grange Insurance Company mailed checks to Brandi Pritchard on July 16, 2011, and September 3, 2011, in furtherance of the scheme.
If convicted at trial, Pritchard could be sentenced to no less than seven years and up to life in prison for count 1, and no more than 20 years in prison for count two. Payment of restitution in the amount of $50,000 is a requirement of the plea agreement.
This case is being prosecuted by Assistant United States Attorneys David Weiser and Nute Bonner and is being investigated by the Federal Bureau of Investigation.
Oldham County, Kentucky, Resident Guilty of Possessing, Transporting and Advertising Images of Child PornographyRead the Press Release
LOUISVILLE, Ky. – United States Attorney John E. Kuhn, Jr., announced today that an Oldham County, Kentucky resident pleaded guilty in United States District Court this week, before Senior Judge Thomas B. Russell, to charges including the possession, transportation and advertising of images containing child pornography.
According to the factual basis of the plea agreement, Richard Wayne Johnson, admitted to receiving and possessing thousands of images (still and video) of child pornography and further admitted to advertising those images over the Internet.
A Cybertip from AOL indicated that a user was transferring child pornography by e:mail. The e:mail traced back to Johnson. He transported child pornography via e:mail on January 19, 2012. A further review of Johnson’s e:mail account (which he later admitted was his), traced to an online group where Johnson was posting requests for the trading of child pornography. One of the advertisements occurred on September 13, 2013. In the posts, Johnson included “albums” (folders filled with images of child pornography). He provided descriptions of the contents in the message – but a password was required to open the albums. Individuals interested in trading child pornography with Johnson had to contact him directly to obtain the password for Johnson’s “album.”
Law enforcement officials executed a state search warrant at Johnson’s home on or about September 17, 2013 and a forensic examination of Johnson’s computers, and other digital devices, revealed thousands of images of child pornography that he had obtained from the Internet.
According to the plea agreement, at the time of sentencing, the United States will ask for a sentence of 30 years’ incarceration and an agreed upon life time period of supervised release.
Sentencing is scheduled before Senior Judge Russell, in Louisville, on July 17, 2017.
Assistant United States Attorney Jo E. Lawless is prosecuting this case and Kentucky State Police is investigating.
johnson_richard_plea_agreement.pdfThis case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006, by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc For more information about internet safety education, please visit www.usdoj.gov/psc and click on the tab resources.
Louisville Based Physician Settles Federal False Claims Act and State Civil ClaimsRead the Press Release
Pays $751,681.16 to settle allegations
LOUISVILLE, KY – Forrest S. Kuhn, Jr., M.D., a physician specializing in allergy, asthma and immunology with medical offices in Louisville, Danville, and Glasgow, Kentucky, has agreed to pay $751,681.16 to resolve allegations that he violated the federal False Claims Act by submitting false claims to Medicare, Medicaid, and other government health care programs, announced United States Attorney John E. Kuhn, Jr., who is no relation to the defendant.
“Unfortunately, the strength of our healthcare system is eroded by a minority of providers who, by carelessness or outright fraud, overcharge the government and other payors through improper billing, " stated U.S. Attorney Kuhn. "Losses due to false healthcare claims are staggering, amounting to billions of dollars annually. In an effort to control these losses and force accountability, my Office, the Department of Justice and the Kentucky Attorney General’s Office vigorously pursue and recover false and fraudulent billings as one of their highest priorities.”
“The Attorney General’s office takes its role as Medicaid watchdog very seriously, and we are committed to protecting Kentucky families and seniors from anyone who would take advantage of such a critical program,” Kentucky Attorney General Andy Beshear said. “I want to thank my Office of Medicaid Fraud and the U.S. Attorney’s Office for the Western District for reaching this settlement agreement with Dr. Kuhn whose actions defrauded not only the government but the people government serves.”
"This doctor was billing Federal health care programs for services he never rendered," said Derrick L. Jackson, the Special Agent in Charge at the U.S. Department of Health and Human Services, Office of Inspector General in Atlanta. "Schemes such as this cost taxpayers huge amounts of money and deprive programs like Medicare and Medicaid of the ability to deliver health care to the elderly, indigent and disabled."
According to the settlement agreement, the United States and the Commonwealth of Kentucky contend that Dr. Kuhn submitted or caused to be submitted claims for payment to the Medicare Program; the Medicaid Program; the Tricare Program; and the FEHB (Federal Employee Health Benefit) plan; for allergy tests that were never performed.
Specifically, the United States and the Commonwealth contend that between January 2, 2006, and July 31, 2015, Dr. Kuhn billed Medicare, Medicaid, Tricare, and FEHB for intracutaneous tests that were never peformed.
According to the terms of the agreement, Dr. Kuhn shall pay $416,865.04 to the Federal Government and $334,816.12 to the Commonwealth of Kentucky.
This matter was handled by Assistant United States Attorney Benjamin S. Schecter with assistance from the Commonwealth of Kentucky Medicaid Fraud and Abuse Control Unit and the Department of Health and Human Services, Office of Inspector General.
kuhn_settlement_agreement.pdfJefferson County, Kentucky, Resident Guilty of Online EnticementRead the Press Release
LOUISVILLE, Ky. – United States Attorney John E. Kuhn, Jr., announced today that a Jefferson County, Kentucky, resident pled guilty in United States District Court this week, before Senior Judge Thomas B. Russell, to attempted online enticement.
According to the factual basis of the plea agreement, Timothy Wayne Tucker, admitted to using a cell phone to communicate with a person, whom Tucker believed to be a 15-year-old girl, for the purposes of engaging in sexual activity.
While authorized by the Attorney General to conduct undercover (UC) operations within the Commonwealth, on December 2, 2016, a law enforcement official created an ad on the Louisville Craigslist website under the personals tab titled “nothing serious”. The ad did not request any sexual contact from prospective responders. A person later identified as Tucker contacted the UC that same day through the Craigslist Email server system. The UC identified himself to Tucker as a 15-year-old female.
During the online communications, email and then texting, Tucker brought up the subject of sexual activity with the person he believed to be a 15-year-old girl. Specifically, he asked the UC to engage in sexual activity with himself and an adult female. The UC agreed to meet Tucker on December 6, 2016, at an address on Wilderness Trail in Eastern Jefferson County, Kentucky. Law enforcement officials watched Tucker drive to the agreed upon location and conducted a traffic stop and arrested Tucker. A search of the vehicle revealed a loaded 9mm handgun as well as alcohol Tucker had promised to bring the UC. A search warrant on the phone confirmed that it was the device Tucker had used to communicate with the UC.
According to the plea agreement, at the time of sentencing, the United States will seek a ten year prison sentence and a twenty year term of supervised release.
Sentencing is scheduled before Senior Judge Russell, in Louisville, on July 17, 2017.
Assistant United States Attorney Jo E. Lawless is prosecuting this case and Kentucky Attorney General’s Department of Criminal Investigations is investigating.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006, by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc For more information about internet safety education, please visit www.usdoj.gov/psc and click on the tab resources.
Larue County, Kentucky, Resident Sentenced to 78 Months in Prison and Ten Years of Supervised Release for Receipt and Possession of Child PornographyRead the Press Release
Ordered to pay restitution to nine identified victims
LOUISVILLE, Ky. – United States Attorney John E. Kuhn, Jr., announced today that a Larue County, Kentucky resident was sentenced yesterday in United States District Court by Senior Judge Charles R. Simpson, III, to 78 months in prison followed by ten years of supervised release. The Court further ordered Benjamin Boyd of Hodgenville, Kentucky to pay $65,000 in restitution to be divided between nine identified victims, after he pleaded guilty to receipt and possession of child pornography.
“Receipt and possession of child pornography are not victimless crimes,” stated United States Attorney John Kuhn. “Every image and every video in this case document a horrific moment of pain and damage inflicted upon an innocent and defenseless child. Circulating and viewing these images simply perpetuate the damage and pain for the victims. Mr. Boyd’s lengthy sentence and the substantial award for restitution to be paid to these victims is a just and appropriate outcome.”
According to the factual basis of the plea agreement, Benjamin Boyd, admitted to receiving and possessing 3,595 images and 2,778 videos of child pornography.
On August 29, 2015, an investigator with Kentucky Office of the Attorney General used
a peer-to-peer program to download 8 files of child pornography from a specific IP address.
That IP address was tracked to Benjamin Boyd of Hodgenville.
Investigators with the Attorney General’s office served a search warrant on Boyd’s residence, on October 15, 2015, and seized numerous electronic storage devices containing child pornography. A forensic review of the electronic devices revealed images and videos of child pornography. The collection contained images of prepubescent children and sadomasochistic conduct. The forensic report also revealed numerous dates and times that Boyd downloaded child pornography via the peer-to-peer program. The downloads occurred on dates ranging from May 4, 2014, through September 9, 2015.
Assistant United States Attorney A. Spencer McKiness prosecuted the case. The Kentucky Attorney General’s Office conducted the investigation.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006, by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc For more information about internet safety education, please visit www.usdoj.gov/psc and click on the tab resources.
Former Louisville Metro Police Department Detective Sentenced to Five Months Incarceration and Five Months Home Detention – Pleaded Guilty to Theft from Interstate ShipmentRead the Press Release
Stole contents of packages while working as a drug interdiction task force officer
Forfeited $74,745.99
LOUISVILLE, Ky. - United States Attorney John E. Kuhn, Jr. today announced the five month prison sentence followed by five months home detention, of a former Louisville Metro Police Department Detective, by Senior Judge Thomas B. Russell, in United States District Court, for stealing contents of packages while working as a drug interdiction task force officer.
Kyle Willett, 48, of Spencer County, Kentucky, remains free on an unsecured bond following today’s sentencing hearing. Willet waived indictment by grand jury and plead guilty to a felony Information on December 21, 2016, before Magistrate Judge Dave Whalin, charging the former detective with theft from interstate shipment. A condition of the plea agreement required Willet to forfeit $74,745.99.
Willett admitted to stealing cash from a United Parcel Services (UPS) shipping sorting facility in Louisville, Kentucky, while working as a drug interdiction task force officer.
From January 2016 through August 2016, Willett, while working as an interdiction task force officer, would identify UPS packages that possibly contained cash. He would then take the packages to his vehicle and open them. On a number of occasions, Willett then stole the contents of packages. During this period, he stole approximately $74,745.99 in cash from these packages. As part of the plea agreement, Willett forfeited proceeds traceable (directly and indirectly) to such violation, including but not limited to: a) $72,000 in United States Currency; b) $520.00 in United States Currency; and c) $2,225.99 in United States Currency.
This case was prosecuted by Assistant United States Attorney Bryan Calhoun and was investigated by the Louisville Metropolitan Police Department’s Public Integrity Unit and the Federal Bureau of Investigation (FBI).
Former Russell County Teacher, Guilty of Sexual Exploitation of ChildrenRead the Press Release
Criminal activity took place during a two-year period
LOUISVILLE, Ky. – A Russell County, Kentucky, resident and former teacher, pleaded guilty today in United States District Court, before District Judge Greg N. Stivers, to a single charge of sexual exploitation of children, announced United States Attorney John E. Kuhn, Jr.
According to the factual basis of the plea agreement, Jeffrey McGaha, 49, of Russell Springs, Kentucky, admitted to attempting to receive materials that contained child pornography between September 23, 2012, and September 5, 2014. McGaha used a cellular telephone and various social media applications to communicate with an individual in an attempt to obtain the materials. The materials depicted a minor engaged in sexually explicit conduct. McGaha engaged in this conduct while in Russell County, Kentucky and other places.
McGaha was taken in to federal custody. He is scheduled for sentencing in Bowling Green, on July 18, 2017, at 10:30 a.m. before Judge Stivers.
If the Court accepts the Plea Agreement, McGaha will be sentenced to five years in prison and be required to register as a sex offender. He will also face at least five years of Supervised Release and it could be up to life of Supervised Release.
Assistant United States Jo E. Lawless is prosecuting the case. The Russell Springs Police Department 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. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc For more information about internet safety education, please visit www.usdoj.gov/psc and click on the tab resources."
Monroe County Physician Sentenced to One Year in Prison for Illegally Prescribing Pain MedicationsRead the Press Release
BOWLING GREEN, Ky. – A Monroe County, Kentucky physician was sentenced by Senior Judge Thomas B. Russell, in U.S. District Court, yesterday to serve one year and one day in prison for prescribing pain medications outside the course of professional medical practice to five patients during a more than six year period, announced United States Attorney John E. Kuhn, Jr.
Clella Louise Hayes, whose medical practice was located in Tompkinsville, Kentucky, pleaded guilty to five counts of a grand jury indictment on September 14, 2016. Hayes was charged with dispensing and distributing Schedule II controlled substances and Schedule III controlled substances outside the course of her professional medical practice.
Further, Hayes, age 41, of Glasgow, Kentucky, authorized prescriptions for fentanyl, morphine, Oxycodone, Demerol, hydrocodone and Klonopin. The illegal activities occurred between March 2008 through March 2014.
Specifically, between June 2009 and September 2011, Hayes intentionally dispensed Schedule II controlled substances to the same patient, outside the course of professional medical practice, by issuing and authorizing prescriptions for fentanyl, morphine, Oxycodone, and Demerol. During the same time period, Hayes failed to establish a legitimate diagnosis of A.R.’s (the patient) pain complaints, failed to establish an individualized treatment plan, failed to take into account significant risk factors for abuse, and failed to take into account multiple inconsistent urine drug screens which reflected drug abuse and diversion. On September 19, 2011, Dr. Hayes prescribed fentanyl to A.R. On September 23, 2011, at age 55, A.R. died as a result of a fentanyl overdose, with post-mortem toxicology reports reflecting fentanyl at five times the therapeutic range in A.R.’s blood. a similar instance, Between November 2011 and November 2012, A.H. was Dr. Hayes’s patient.
During that time period, Dr. Hayes knowingly and intentionally dispensed Schedule II controlled substances to A.H. outside the course of professional medical practice, by issuing and authorizing prescriptions for Oxycontin and Demerol.
Dr. Hayes failed to establish a legitimate diagnosis of A.H.’s pain complaints, failed to establish an individualized treatment plan, failed to take into account significant risk factors for abuse, and failed to take into account multiple inconsistent urine drug screens which reflected drug abuse and diversion.
On November 27, 2012, A.H. died at age 48 as a result of a poly-pharmacy overdose, with post-mortem toxicology reports reflecting high blood concentrations of medications Dr. Hayes prescribed to A.H., including Oxycodone and Klonopin. Between June 2010 and January 2014, K.S. was Dr. Hayes’s patient.
During that time period, Dr. Hayes knowingly and intentionally dispensed Schedule II and Schedule III controlled substances to K.S. outside the course of professional medical practice, by issuing and authorizing prescriptions for Oxycontin and hydrocodone.
Dr. Hayes failed to establish a legitimate diagnosis of K.S.’s pain complaints, failed to establish an individualized treatment plan, failed to take into account significant risk factors for abuse, and failed to take into account multiple inconsistent urine drug screens which reflected drug abuse and diversion.
On January 1, 2014, K.S. died at age 53 as a result of a poly-pharmacy overdose, with post-mortem toxicology results reflecting oxycodone, and hydrocodone at ten (10) times the therapeutic dose, both of which Dr. Hayes prescribed to K.S in December 2013.
This case was prosecuted by Assistant United States Attorney David Weiser and was investigated by the Kentucky State Police (KSP) Drug Enforcement/Special Investigations West, and the Federal Bureau of Investigation (FBI) with assistance from the Tompkinsville Police Department.
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Louisville Brothers Charged in the Shooting of A United States Postal CarrierRead the Press Release
Charged with attempted murder of a federal employee
LOUISVILLE, Ky. – Two Louisville men have been charged in a Superseding Indictment with conspiracy to murder and attempted murder of a federal employee, that is a United States Postal Carrier (while engaged in the performance of his official duties), and with forcible assault of a federal employee. One defendant, Eric Bennett, faces additional charges, including discharge of a firearm during a crime of violence, possession of a firearm by a convicted felon, and use or possession of a firearm in furtherance of a drug trafficking crime, announced United States Attorney John E. Kuhn, Jr.
Marcus Bennett, 40, was arrested Wednesday, April 19, 2017, and appeared before Magistrate Judge Dave Whalin, facing four of seven charges in a Superseding Indictment. The Superseding Indictment was unsealed yesterday during his initial appearance in federal court. Marcus Bennett remains in federal custody with a detention hearing scheduled for Wednesday, April 26, 2017 at 3:00 pm.
Eric Bennett, 38, was arrested Monday, February 27, 2017, and was initially charged in a grand jury indictment with attempted murder of a federal employee, forcible assault of a federal employee, and discharge of a firearm during a crime of violence. The superseding indictment includes those charges and adds four new charges. Those charges are: conspiracy to murder and attempted murder of a federal employee; the two firearms charges (possession of a firearm by a convicted felon, and use or possession of a firearm in furtherance of a drug trafficking crime); and a drug trafficking charge. Eric Bennett remains in federal custody.
The charges are in connection with the shooting of United States Postal Carrier Da’Ron Lester on February 10, 2016.
A third defendant, Juliyah Young, of Louisville, is charged in the Superseding Indictment, along with Marcus and Eric Bennett, with conspiracy to distribute heroin and marijuana. According to the indictment, beginning in June of 2015, and continuing to April 19, 2017, in Jefferson County, the three defendants conspired with each other to possess with the intent to distribute one kilogram or more of heroin and marijuana.
If convicted of the charges, Eric Bennett and Marcus Bennett face a sentence of any number of years in prison including life for conspiracy to murder a federal employee, no more than 20 years for each count of attempted murder of a federal employee and forcible assault of a federal employee.
Eric Bennett faces an additional 10 years in prison for the charge of discharging of a firearm during a crime of violence, no more than 10 years in prison for possession of a firearm by a convicted felon, and no less than 25 years in prison for possession of a firearm in furtherance of a drug trafficking crime. Further, Eric and Marcus Bennett could be sentenced to a five-year term of supervised release and ordered to pay a fine.
If convicted of conspiracy to distribute heroin and marijuana, all three defendants could be sentenced to no less than 10 years in prison and no more than life, fined, and ordered to serve 5 years of supervised release.
This case is being prosecuted by Assistant United States Attorneys Scott Davis and Marisa Ford, and the United States Postal Inspection Service (USPIS) is conducting the investigation.
The charge of a person by Grand Jury Indictment is an accusation only and that person is presumed innocent until and unless proven guilty.
bennett_et_al_indictment_4-19-17.pdfSCM True Air Technologies, of Ohio and Kentucky, and Its Former Company President - Guilty of Delivering Misbranded Medical Devices from Unregistered Facilities to A Georgia V.A. Medical Center and Obstructing an FDA Investigation into Their ConductRead the Press Release
Defective and unusable bariatric beds were produced in unregistered facilities by the company
Company agrees to pay full restitution and a fine of $500,000
LOUISVILLE, Ky. – United States Attorney John E. Kuhn, Jr. today announced the guilty pleas to a criminal information made on April 17, 2017 by SCM True Air Technologies, Inc. and the former company president John N. Keesaer, in United States District Court before Magistrate Judge Dave Whalin. SCM True Air pled guilty to one count of operating an establishment that manufactured medical devices without having properly registered that establishment as required by law. Keesaer pled guilty to one count of obstruction of an FDA investigation and one count of introducing misbranded medical devices into commerce.
“This company and its former president sold defective and unusable beds to the VA,” stated U.S. Attorney John Kuhn. “Our veterans deserve far better consideration and treatment. These defendants will be held accountable for breaking the law then attempting to cover that up.”
"Defrauding VA by providing unregistered and substandard bariatric beds for use by our nation's veterans is inexcusable," said Kim Lampkins, Special Agent in Charge, U.S. Department of Veterans Affairs, Office of Inspector General, Mid-Atlantic Field Office. “This investigation demonstrates that the VA OIG, working with our colleagues in law enforcement, will aggressively pursue those who place our nation’s veterans at risk for their own private gain.”
“FDA’s ability to protect the public health relies on regulated industries fulfilling their responsibilities to comply with FDA requirements,” said Mark S. McCormack, Special Agent in Charge, U.S. FDA Office of Criminal Investigations’ Metro Washington Office. “Those who attempt to circumvent FDA’s regulatory process put consumers’ health at risk and this will not be tolerated.”
According to separate plea agreements, beginning at least as early as 2010 and continuing until September 2012, John N. Keesaer, acting as president of SCM True Air, delivered bariatric hospital beds, which are Class II medical devices, that were misbranded due to the fact that they were manufactured in an establishment that was not registered with the FDA as required by law. Further, on January 29, 2014, Keesaer corruptly obstructed an FDA compliance inspection regarding SCM True Air’s production methods including facilities that produced bariatric beds.
Specifically, while Keesaer was President of SCM True Air, the company’s manufacturing process for bariatric hospital beds involved establishments in both Roseville, Ohio, and Louisville, Kentucky, that the company had not properly registered with the FDA to produce Class II medical devices, despite the fact that Keesaer and the company had been previously advised on repeated occasions that such registration was required by law.
Starting in at least 2010, SCM True Air produced medical devices such as bariatric beds at its Louisville and Roseville establishments without properly registering the establishments with the FDA for over two and a half years. As a result of the fact that the bariatric beds were manufactured at establishments that were not duly registered with the FDA, those beds were misbranded in violation of federal law.
At Keesaer’s direction and under his supervision, SCM True Air then sold and delivered misbranded bariatric beds from its Louisville and Roseville establishments to purchasers throughout the
States. Keesaer personally participated in the delivery of misbranded bariatric beds from SCM True Air to various facilities.
In 2012, SCM True Air entered into a contract with the Department of Veterans Affairs to deliver 48 bariatric beds, mattresses and accessories to the Trinka Davis Veterans Village in Carrollton, Georgia, a unit of the Atlanta V.A. Medical Center. SCM True Air was paid $211,691.62 for the beds despite the fact that, unknown at the time to the Department of Veterans Affairs, those beds were produced by SCM True Air both using parts from the Louisville establishment and further manufactured in the Roseville establishment.
During the process of manufacturing the 48 bariatric beds for the contract with the Department of Veterans Affairs, Keesaer stated to others that the SCM True Air establishments were registered with the FDA when, as he then in fact knew, they were not. Further, upon delivery to the V.A. medical center in September 2012, the bariatric beds were substantially defective, as many of the beds had caulking and welding issues, rusting parts and dirt affixed to them. As a result of these defects, the beds were entirely unusable by the patients at the Veterans Village.
The FDA subsequently initiated a formal compliance investigation regarding SCM True Air’s alleged adulteration and misbranding of bariatric beds. During that investigation, Keesaer, acting as President of the company, intentionally obstructed the compliance investigation by making a materially false written statement in the course of that investigation.
If convicted at trial, Keesaer would face a combined maximum term of six years in prison, a maximum fine of the greater of $350,000 or twice the gross gain to the defendant or loss to victims resulting from his offense, and a four-year term of supervised release. If the company were convicted at trial it would face a maximum fine of the greater of $500,000 or twice the gross gain to the company or loss to victims resulting from its offense. Also, if convicted at trial, both Keesaer and the company would be obligated to pay restitution to any victims of their offenses.
According to the terms of its plea agreement, SCM True Air has agreed to pay restitution in the amount of $211,691.62 and a fine of $500,000. According to the terms of his plea agreement, Keesaer is jointly liable for the same amount of restitution, and the United States has agreed to recommend a sentence of probation and a fine at the time of his sentencing hearing.
Sentencing is scheduled before Senior District Judge Thomas B. Russell on July 17, 2017, in Louisville.
Assistant United States Attorneys Stephanie M. Zimdahl and H. Joseph Pinto III are prosecuting this case. The United States Food and Drug Administration Office of Criminal Investigations and Department of Veterans Affairs, Office of Inspector General, Mid-Atlantic Field Office, are investigating.
South-Central Kentucky Men Guilty of Conspiring to Distribute More Than 50 Grams of Crystal MethamphetamineRead the Press Release
Illegal activity transpired in Simpson County, involved three co-defendants, and approximately
one and a half pounds of crystal methamphetamine
BOWLING GREEN, Ky. – A Logan County, Kentucky, man pleaded guilty in United States District Court this week, before District Judge Greg N. Stivers, to conspiring with others as well as possessing with the intent to distribute more than 50 grams of methamphetamine, announced United States Attorney John E. Kuhn, Jr.
Danny Neal Stokes, 62, of Russellville, admitted in court Tuesday, April 11, 2017, that during 2015, in Simpson County, Kentucky, he conspired with Howell Dean O’Bryan, Jordan Dale Wallace and others to knowingly and intentionally possess with the intent to distribute fifty grams or more of methamphetamine.
During this time period, specifically, on May 15, 2015, in Simpson County, Kentucky, O’Bryan knowingly and intentionally possessed with the intent to distribute fifty grams or more of methamphetamine he had received from Stokes. The actual amount of methamphetamine, according to laboratory analysis was 459.3 grams of pure methamphetamine (roughly one pound). Wallace was arrested that day on his way to pay for the methamphetamine as part of the conspiracy.
On July 25, 2015, in Simpson County, Kentucky, Stokes knowingly and intentionally possessed with the intent to distribute fifty grams or more of methamphetamine. The actual amount of methamphetamine, according to laboratory analysis was 162.5 grams of pure methamphetamine (roughly six ounces). Law enforcement officials found the methamphetamine in a bag with $184,597.00 in United States currency during a traffic stop of Stokes.
- previously pled guilty on July 21, 2016, for his role in the conspiracy, possessing with the intent to distribute the 459.3 grams of methamphetamine and two firearms offenses. Wallace pled guilty to his role in the conspiracy on March 20, 2017. All three defendants remain in federal custody pending sentencing.
According to their Plea Agreements, at the time of their sentencing hearings, the United States will recommend a sentence of 15 years in prison followed by a five-year period of Supervised Release for both O’Bryan and Stokes and 10 years in prison followed by a five-year term of Supervised Release for Wallace. There is no parole in the federal prison system. Sentencing hearings will be held before Judge Stivers, in Bowling Green, this summer.
Assistant United States Attorney Jo E. Lawless is prosecuting the case. The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and Kentucky State Police (including its Vehicle Enforcement Division), conducted the investigation.
Muhlenberg County Resident Convicted of Possession with Intent to Distribute MethamphetamineRead the Press Release
Jury deliberated 38 minutes before reaching unanimous verdict
OWENSBORO, Ky. – United States Attorney John E. Kuhn, Jr. today announced the conviction of a Muhlenberg County, Kentucky resident, in United States District Court, on a single charge of possession with intent to distribute 50 grams of methamphetamine, a Schedule II controlled substance.
Kenneth Copley, 62, was taken into federal custody following the unanimous jury verdict reached in just 38 minutes, on April 12, 2017, before Chief Judge Joseph H McKinley Jr.
Evidence presented during the three-day trial included 800 grams of a substance, tested and identified as 100% pure methamphetamine. The controlled substance was seized during a traffic stop, and during a consent search by a Kentucky State Police trooper, on February 24, 2015 in Muhlenberg County. Methamphetamine was found in Copley’s vehicle and a subsequent search of Copley’s garage. While consent was given to search the residence and garage, detectives obtained a search warrant.
Copley was charged, in a single count federal indictment on March 9, 2016. Copley is subject to a mandatory minimum sentence of no less than ten years in prison followed by a five year period of supervised release and could be fined up to $10,000,000. Sentencing is scheduled in Owensboro, before Judge McKinley, July 10, 2017, at 9:00 AM CT.
This case was prosecuted by Assistant United States Attorney Larry Fentress and was investigated by the Drug Enforcement Administration (DEA), Kentucky State Police, Hopkinsville Sheriff’s Department, and Madisonville Police Department.
Hopkins County, Kentucky, Convicted Felon Charged with Possession and Attempted Distribution of Methamphetamine and CocaineRead the Press Release
Charges include being a felon in possession of firearms and ammunition
BOWLING GREEN, Ky. – A Hopkins County, Kentucky, convicted felon was charged by grand jury indictment this week with possession with intent to distribute methamphetamine and cocaine base, and with being a felon in possession of firearms and ammunition, announced United States Attorney John E. Kuhn, Jr.
Tyslen J. Baker, 39, of Madisonville was charged in a three count indictment with two counts of possession with intent to distribute Schedule II controlled substances including 50 grams or more of methamphetamine and 28 grams or more of a mixture containing cocaine base. The alleged criminal activity took place in Hopkins County, Kentucky on January 25, 2017.
Further, Baker is charged with being a felon in possession of firearms and ammunition. At the time of his arrest, Baker allegedly possessed a Ruger, .380 caliber pistol, Model LCP; a Mossberg, .22 caliber long rifle, Model 715T; and a Charter Arms, .38 special, model Undercover Lite; and ammunition.
Baker has five previous convictions for First-Degree Trafficking in a Controlled Substance in Muhlenberg Circuit Court and Hopkins Circuit Court.
If convicted at trial, Baker could be sentenced to no less than 10 years in prison, fined $50,000,000 and serve a five-year period of supervised release.
This case is being prosecuted by Assistant United States Attorney Seth A. Hancock and is being investigated by the Drug Enforcement Administration (DEA), and the Madisonville Police Department.
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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