Western District of Missouri
Press releases recorded for this federal judicial district.
Former St. Louis Police Officer Pleads Guilty to Violating Civil Rights by Assaulting ArresteeRead the Press Release
A former St. Louis Metropolitan Police officer pleaded guilty today to depriving an arrestee, identified in court documents as M.W., of his civil rights by assaulting him while he was handcuffed, announced Principal Deputy Assistant Attorney General Vanita Gupta, head of the Justice Department’s Civil Rights Division, and U.S. Attorney Tammy Dickinson of the Western District of Missouri.
Thomas Carroll, 52, of St. Louis, pleaded guilty before U.S. District Judge Henry E. Autrey of the Eastern District of Missouri to deprivation of rights under color of law. Carroll was taken into custody immediately upon the conclusion of today’s hearing.
“Each time a law enforcement officer abuses their authority and the power entrusted to them, it erodes the public trust and makes it that much more difficult for good law enforcement officers to do their jobs,” said Principal Deputy Assistant Attorney General Gupta. “The Civil Rights Division is committed to prosecuting those law enforcement officers who abuse their authority, break the law and then attempt to cover up their criminal behavior.”
“I have zero tolerance for the actions of police officers who discard justice for their own angry vendetta,” said U.S. Attorney Dickinson. “I know the vast majority of law enforcement officers join me in repudiating this brand of brutality. This former police officer not only violated the civil rights of a person in police custody, he violated the public trust and his oath of office.”
M.W. was arrested at Ballpark Village on July 22, 2014, because he was unlawfully in possession of a credit card that belonged to Carroll’s daughter. Carroll, who was on duty that night, responded to Ballpark Village and confronted M.W., who was already under arrest, handcuffed and seated in the backseat of another officer’s patrol car. Carroll yelled at M.W., telling him that he made a “huge mistake” and “broke into the wrong girl’s car.”
Another police officer then drove M.W. to the Central Patrol police station, and Carroll followed behind in his own patrol car.
Carroll admitted that, despite orders from a superior officer to stay away from M.W., he entered the interview room where M.W. was handcuffed and shackled to the floor. Carroll began yelling at M.W., questioning him about who broke into his daughter’s car. Carroll threw M.W. into a chair and then picked him up and threw him into a wall. While M.W. was on the ground, Carroll punched M.W. in the torso. M.W. was handcuffed throughout the assault. As a result, M.W. suffered bodily injury.
M.W. never posed a threat to Carroll. Nonetheless, Carroll assaulted M.W. knowing it was wrong and against the law to do so, and knowing that it violated his oath as police officer.
By pleading guilty today, Carroll admitted that he deprived the victim of his constitutional right to be free from unreasonable seizure, which includes the right to be free from unreasonable force by a law enforcement officer.
According to the plea agreement, the government will present evidence at Carroll’s sentencing hearing regarding the severity of the assault, which is in dispute, including evidence that Carroll brandished his gun and put it in M.W.’s mouth as well as evidence regarding the nature and extent of the injuries suffered by M.W. The government will also present evidence that Carroll engaged in obstructive conduct in the days immediately after he assaulted M.W.
Under federal statutes, Carroll is subject to a sentence of up to 10 years in federal prison without parole, plus a fine up to $250,000.
In a separate but related case, a former prosecutor for the St. Louis Circuit Attorney’s Office pleaded guilty on Oct. 26, 2015, to concealing her knowledge of Carroll’s assault. Bliss Barber Worrell, 28, of Clayton, Missouri, pleaded guilty to misprision of a felony. Worrell was an assistant circuit attorney in the St. Louis Circuit Attorney’s Office Misdemeanor Division from August 2013 through July 2014. Worrell will be sentenced at a later date.
Worrell admitted that she failed to notify authorities of the assault and that she took an affirmative step to conceal the felony. Worrell also admitted that she filed charges without disclosing knowledge of the assault to her colleagues, supervisors or the judge assigned to setting a bond. She admitted that she allowed the charges to stand despite later learning that the facts that made out the charge of attempted escape were fabricated to cover for injuries that the arrestee sustained during the assault.
These cases are being investigated by the FBI’s St. Louis Division. These cases are being prosecuted by First Assistant U.S. Attorney David M. Ketchmark of the Western District of Missouri, who has been appointed as Special Attorney to the U.S. Attorney General, and Trial Attorney Fara Gold of the Civil Rights Division. The U.S. Attorney’s Office of the Western District of Missouri is prosecuting these cases with the Civil Rights Division due to the recusal of the U.S. Attorney’s Office of the Eastern District of Missouri.
Carroll Information
Carroll Plea Agreement
Former Belton Woman Sentenced for Stealing $471,000 from EmployerRead the Press Release
KANSAS CITY, Mo. – Tammy Dickinson, United States Attorney for the Western District of Missouri, announced that a former Belton, Mo., woman was sentenced in federal court today for embezzling $471,000 from her employer.
Kimberly Joyce Padgett, 43, of Osawatomie, Kan., formerly of Belton, was sentenced by U.S. District Judge Gary A. Fenner to two years and three months in federal prison without parole. The court also ordered Padget to pay $471,000 in restitution.
On Nov. 12, 2015, Padgett pleaded guilty to five counts of wire fraud. Padgett admitted that she embezzled approximately $471,000 from her employer, Reliant Financial Services in Kansas City, Mo. As part of Padgett’s duties at Reliant Financial Services, she managed the business’s books, paid the bills, managed the accounts receivable, operated the telephones, and prepared the paychecks. Padgett was also a signor on the business’s bank accounts and had use of the business’s credit cards for authorized business expenses. Padgett was terminated from employment in March 2015 when the fraud scheme was discovered.
During 2007 up to and including 2015, Padgett embezzled money from the Reliant Financial Services bank account intended for payroll tax and office supplies. Padgett wrote $350,000 in checks to herself and deposited those funds into her personal PayPal account and her husband’s bank account. Padgett used her PayPal account to pay for trips around America for herself, and at least once for a coworker, the coworker’s daughter, Padgett’s daughter, and others. She also used her company credit card in an unauthorized manner to support a lavish lifestyle by paying expenses for herself and others, including clothing, jewelry, gasoline, vacations, hotels, and restaurants.
From 2012 to 2015, Padgett made little to no payments in payroll taxes. Company owners had no knowledge the payroll taxes were not paid, and did not learn the taxes were not paid until they were contacted by the IRS.
This case was prosecuted by Assistant U.S. Attorney Jane Pansing Brown. It was investigated by the FBI.
Mission Hills Woman Pleads Guilty to Impeding the IRS by Lying about Cayman Islands BusinessesRead the Press Release
KANSAS CITY, Mo. – Tammy Dickinson, United States Attorney for the Western District of Missouri, announced that a Mission Hills, Kan., woman pleaded guilty in federal court today to impeding the work of the IRS by lying under oath about her Cayman Islands businesses.
Verna Cheryl Womack, 65, of Mission Hills, pleaded guilty before U.S. District Judge Gary A. Fenner to the charge contained in a Dec. 12, 2013, federal indictment.
By pleading guilty today, Womack admitted that she testified falsely while under oath with the corrupt intent to impede the due administration of the Internal Revenue Code.
In 2009, Womack was served with a subpoena to testify at a deposition in a civil enforcement action brought by the U.S. Department of Justice. This civil enforcement action sought to permanently enjoin Allen R. Davison from providing tax advice. Davison had previously served as Womack’s tax advisor, and later, as her business employee.
Womack complied with the subpoena and testified under oath at a deposition on May 19, 2009. Womack admitted today that she answered questions falsely and with the corrupt intent to impede the due administration of the Internal Revenue Code.
During the deposition, the Dept. of Justice attorney asked Womack if she knew when a company called JoJoDi Insurance Company of Cayman was started. Instead of answering truthfully, Womack responded to the question by falsely stating that she did not know when JoJoDi was started. In fact, she knew that she had personally caused it to be started in 1997.
During the deposition, the Dept. of Justice attorney also asked Womack who owned Lucy Limited, another Cayman Islands business. Womack was the settlor and 1/3 beneficiary of the trust that owned Lucy Limited. Instead of answering truthfully, however, Womack falsely stated that Lucy Limited was owned by a group of investors. In fact, she knew that there were no such investors. Womack knew that she had caused the creation of both Lucy Limited and the trust that owned Lucy Limited.
Among its assets, according to the indictment, Lucy Limited owned (as nominee for Womack) a wine collection that was stored in the basement of Womack’s Mission Hills residence. Womack used a credit card issued by the Bank of Butterfield (in Grand Cayman) in the name of Lucy Limited to purchase at least part of the wine for her collection, the indictment says. On March 15, 2008, Womack sold approximately half of the wine stored in her basement at an auction house in New York for $1.6 million.
Federal prosecutors will argue at Womack’s sentencing hearing that Womack’s criminal conduct resulted in a significant tax loss, which is relevant for determining an appropriate sentence. However, the court will determine whether the tax loss is relevant to sentencing in this case, and if it is, whether Womack’s conduct resulted in a criminal tax loss, and if so, in what amount, and the impact that any tax loss may have on determining the sentence.
Under the terms of today’s plea agreement, Womack will be sentenced to up to two years in federal prison without parole, plus a fine up to $250,000. A sentencing hearing will be scheduled after the completion of a presentence investigation by the United States Probation Office.
This case is being prosecuted by Assistant U.S. Attorneys Brian P. Casey and Daniel M. Nelson. It was investigated by IRS-Criminal Investigation and the FBI.
KC Postal Carrier, California Man Charged with Conspiracy to Distribute PCP Through the MailRead the Press Release
KANSAS CITY, Mo. – Tammy Dickinson, United States Attorney for the Western District of Missouri, announced today that a Kansas City, Mo., postal carrier and a California man have been charged in federal court for their roles in a conspiracy to distribute multi-kilogram quantities of PCP through the mail.
Michael Garrett, 56, of Victorville, Calif., and Carol Barfield, 64, were charged in a criminal complaint filed under seal in the U.S. District Court in Kansas City, Mo., on March 29, 2016. That complaint was unsealed and made public today upon the arrests and initial court appearances of Garrett and Barfield.
The federal criminal complaint alleges that Garrett and Barfield participated in a conspiracy to distribute PCP from Nov. 2, 2015, to March 4, 2016. Garrett allegedly mailed bottles of PCP from California to addresses on Barfield’s Kansas City, Mo., postal route, so that she could identify those parcels and mark them as delivered, while actually keeping them to distribute to others.
According to an affidavit filed in support of the complaint, federal agents learned that Garrett was mailing parcels containing gallons of PCP to separate addresses on the same postal carrier’s route; the carrier was later identified as Barfield. Agents identified five suspicious transactions from the Victorville post office, mailing a total of 15 parcels addressed to separate addresses on the same carrier route from Nov. 2 to Dec. 16, 2015. Each of the parcels weighed in excess of 10 pounds. Barfield allegedly scanned all of the suspicious mailings as “delivered” on her route.
Agents also identified 61 telephone calls between Barfield and Garrett during the same time frame, the affidavit says.
On March 1, 2016, surveillance video identified Garrett mailing four parcels at the Victorville post office. The four parcels were mailed to separate addresses on Barfield’s postal route, the affidavit says, but were addressed to individuals who did not reside at those addresses. On March 4, 2016, federal agents set up surveillance on Barfield’s postal route. Barfield loaded the parcels into her postal vehicle. She scanned the first parcel as delivered, the affidavit says, but she did not actually deliver the parcel.
According to the affidavit, agents believe that Barfield then realized she was being followed by law enforcement, so she delivered one of the parcels as addressed and scanned the other parcels as undeliverable. Prior to returning to the station, the affidavit says, she rescanned the first parcel (which she had originally scanned as “delivered”) as “undeliverable.” When she returned to the station, the affidavit says, Barfield told her supervisor that she saw people following her on the route.
Agents opened the suspicious parcels, which each contained two 64-ounce plastic Welch’s Grape Juice bottles of PCP. The total weight of the liquid from the eight bottles was approximately 13.4 kilograms.
Dickinson cautioned that the charge contained in this complaint is simply an accusation, and not evidence of guilt. Evidence supporting the charge must be presented to a federal trial jury, whose duty is to determine guilt or innocence.
This case is being prosecuted by Assistant U.S. Attorney Justin G. Davids. It was investigated by the U.S. Postal Inspection Service and the Drug Enforcement Administration.
Christian County Jail Inmate Pleads Guilty to Tax Fraud Conspiracy Behind BarsRead the Press Release
SPRINGFIELD, Mo. – Tammy Dickinson, United States Attorney for the Western District of Missouri, announced that an inmate in the Christian County Jail in Ozark, Mo., pleaded guilty in federal court today to his role in a conspiracy to file fraudulent federal income tax returns while he was incarcerated and awaiting sentencing on another federal conviction.
John Dennis Sedersten, 40, who was an inmate in the Christian County Jail at the time of the offense, waived his right to a grand jury and pleaded guilty before U.S. Magistrate Judge David P. Rush to a federal information that charges him with leading a conspiracy to defraud the government.
Sedersten committed this offense, his fifth federal conviction, while incarcerated as he awaited sentencing on an earlier federal conviction for escaping from custody. Sedersten had walked away from a halfway house in Springfield, Mo., on Aug. 9, 2014. For that offense, he was sentenced on Thursday, March 31, 2016, to five years in federal prison without parole.
Sedersten was at the halfway house as part of his sentence for aggravated identity theft, to which he pleaded guilty in 2013. He was scheduled to be released about five months later, on Dec. 3, 2014. Sedersten also has prior federal convictions related to a counterfeit check-cashing scheme to which he pleaded guilty in 2010. Sedersten also has a 2002 federal felony conviction for counterfeit checks in the District of Nebraska.
By pleading guilty today, Sedersten admitted that, while he was incarcerated, he conspired with others to prepare and submit false federal income tax returns in order to receive refunds to which the conspirators were not entitled. Sedersten’s co-conspirators, who are not identified in court documents, were not inmates of the jail.
Sedersten admitted that he provided his co-conspirators with specific instructions regarding how to complete and file the false federal income tax returns, listing wages not received, federal income tax withholdings that had not been withheld, and false business expenses. Sedersten also provided his co-conspirators with an Employer Identification Number (EIN) under which they could report the false wages and withholdings. Most of the conspirators claimed to have received wages from JDS Enterprises, which is registered to Sedersten.
All false claims but one were halted by the IRS, and the one refund issued was recovered. Today’s plea agreement lists nine false claims filed by eight individuals. The government believes the total amount of the false claims submitted during the course of this conspiracy was $373,372.
Under federal statutes, Sedersten is subject to a sentence of up to 10 years in federal prison without parole. The maximum statutory sentence is prescribed by Congress and is provided here for informational purposes, as the sentencing of the defendant will be determined by the court based on the advisory sentencing guidelines and other statutory factors. A sentencing hearing will be scheduled after the completion of a presentence investigation by the United States Probation Office.
This case is being prosecuted by Assistant U.S. Attorney Steven M. Mohlhenrich. It was investigated by IRS-Criminal Investigation, the Springfield, Mo., Police Department and the U.S. Marshals Service.
Bank Employee Pleads Guilty to $213,000 TheftRead the Press Release
KANSAS CITY, Mo. – Tammy Dickinson, United States Attorney for the Western District of Missouri, announced that a Kansas City, Mo., woman pleaded guilty in federal court today to embezzling more than $213,000 from Bank of America.
Elisha Nicole Araiza, 35, of Kansas City, pleaded guilty before U.S. District Judge Dean Whipple to embezzlement by a bank employee.
Araiza was employed by Bank of America on May 17, 2004, and worked as a financial analyst in the Special Assets Group on the Small Business Accounts Team. Her duties included contacting small business borrowers to arrange payments on past due loans, and in that regard she had authority to negotiate settlements, create payment plans, and forgive portions of the debts owed.
Araiza admitted that she had been experiencing overdrafts in her personal bank account for about a year when, in July 2011, she deposited a bank customer’s money order into her own account. Thereafter, the diversion of client checks to Araiza’s personal accounts continued until March 19, 2015, at which point the embezzlement was detected by Bank of America.
Bank of America found 121 diverted loan payment checks totaling $213,090 deposited into Araiza’s personal account.
Under federal statutes, Araiza is subject to a sentence of up to 30 years in federal prison without parole. The maximum statutory sentence is prescribed by Congress and is provided here for informational purposes, as the sentencing of the defendant will be determined by the court based on the advisory sentencing guidelines and other statutory factors. A sentencing hearing will be scheduled after the completion of a presentence investigation by the United States Probation Office.
This case is being prosecuted by Assistant U.S. Attorney Jane Pansing Brown. It was investigated by the U.S. Secret Service.
Webb City Man Sentenced for Stolen FireworksRead the Press Release
SPRINGFIELD, Mo. – Tammy Dickinson, United States Attorney for the Western District of Missouri, announced that a Webb City, Mo., man was sentenced in federal court today for stealing commercial fireworks.
Stephen Grimmett, 51, of Webb City, was sentenced by U.S. District Judge Beth Phillips to five years in federal prison without parole. The court also ordered Grimmett to pay $498 in restitution.
On April 17, 2015, Grimmett pleaded guilty to stealing explosives and to being a felon in possession of explosives. Grimmett stole more than 250 pounds of explosive materials – commercial grade fireworks – from Liberty Pyrotechnics, LLC, in June 2014.
Grimmett admitted that he and co-defendant Christopher Ransom, 41, of Alba, Mo., used a power drill to remove the screws from the sheet metal paneling to gain access to the building where Libery Pyrotechnics stored fireworks. Grimmett and Ransom loaded the fireworks into Ransom’s mini-van and drove to a gas station at Range Line Road and Zora in Joplin, Mo., where they split up the fireworks and parted ways.
According to court documents, Grimmett attempted to sell these items to others who would lack the proper training, skill, or facilities, to safely store and utilize these very dangerous items.
Grimmett has prior felony convictions for possession of a controlled substance and possession of a chemical with intent to manufacture a controlled substance. These felony convictions make it illegal for him to possess any explosive materials.
Ransom has also pleaded guilty and was sentenced on Sept. 9, 2015, to time served.
This case was prosecuted by Assistant U.S. Attorney Patrick Carney. It was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Newton County, Mo., Sheriff’s Department.
Springfield Sex Offender Sentenced to 15 Years for Child PornRead the Press Release
SPRINGFIELD, Mo. – Tammy Dickinson, United States Attorney for the Western District of Missouri, announced that a prior sex offender in Springfield, Mo., was sentenced in federal court today for receiving and distributing child pornography.
Gary Thomas Sheldon, 52, of Springfield, was sentenced by U.S. District Judge Beth Phillips to 15 years and eight months in federal prison without parole. The court also ordered Sheldon to serve the rest of his life on supervised release following incarceration.
On Nov. 9, 2015, Sheldon pleaded guilty to receiving and distributing child pornography over the Internet. Sheldon, a registered sex offender, was previously convicted in federal court of possessing child pornography in January 2001.
According to court documents, law enforcement officers received a cybertip from the National Center for Missing and Exploited Children, which had received the tip from an adult pornography Web site where Sheldon had uploaded an image of child pornography. Law enforcement officers executed a search warrant at Sheldon’s residence on July 15, 2015. Sheldon’s desktop computer and cell phone were seized, and investigators discovered images of child pornography on both devices.
Sheldon admitted to law enforcement officers that he downloaded at least 100 images of child pornography over the Internet. He also admitted that he had two e-mail addresses and a Facebook account he had not reported on his sex offender registry, although he was required to do so.
While this offense was occurring, according to court documents, Sheldon was on probation for failing to register as a sex offender.
This case was prosecuted by Assistant U.S. Attorney Ami Harshad Miller. It was investigated by the FBI, the Missouri State Highway Patrol and the Southwest Missouri Cybercrime Task Force.
Project Safe Childhood
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."
Liberal Sex Offender Sentenced to 20 Years for Child PornRead the Press Release
SPRINGFIELD, Mo. – Tammy Dickinson, United States Attorney for the Western District of Missouri, announced that a prior sex offender in Liberal, Mo., was sentenced in federal court today for receiving and distributing child pornography over the Internet.
Timothy Curless, 55, of Liberal, was sentenced by U.S. District Judge Beth Phillips to 20 years in federal prison without parole. The court also sentenced Curless to a lifetime of supervised release following incarceration. Curless has prior state convictions in Kansas for aggravated indecent liberties with a child and aggravated incest.
On Sept. 30, 2015, Curless pleaded guilty to receiving and distributing child pornography over the Internet between Nov. 4, 2012 and April 19, 2013.
According to court documents, a law enforcement officer was conducting an undercover investigation into the distribution of child pornography by suspect(s) using file-sharing software. On two separate occasions the officer downloaded images of child pornography from Curless’s computer. Among those images were children who have not reached puberty and a child as young as three years of age. When officers executed a search warrant they learned that Curless had been using his neighbor’s wi-fi network in order to access the Internet.
This case was prosecuted by Assistant U.S. Attorney James J. Kelleher. It was investigated by the Southwest Missouri Cyber Crime Task Force.
Project Safe Childhood
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."
Anderson Man Sentenced for Bank RobberyRead the Press Release
SPRINGFIELD, Mo. – Tammy Dickinson, United States Attorney for the Western District of Missouri, announced that an Anderson, Mo., man was sentenced in federal court today for robbing the Arvest Bank in Anderson.
Perry D. Abercrombie, 59, of Anderson, was sentenced by U.S. District Judge Beth Phillips to two years and nine months in federal prison without parole. The court also ordered Abercrombie to pay $699 in restitution.
On Aug. 3, 2015, Abercrombie pleaded guilty to robbing Arvest Bank, 607 N. Highway 71, Anderson, on May 18, 2015.
According to court documents, Abercrombie passed a handwritten note to a bank teller, indicating that he was robbing the bank and had a weapon. The teller retrieved $2,210 from her drawer and placed the money on the counter. Abercrombie took the money and the note and put them in his pocket, then left the bank.
A Missouri Highway Patrol trooper notified deputies from the McDonald County Sheriff’s Department that he had seen a pickup in the vicinity of the bank earlier that day. The trooper thought the pickup was suspicious and requested registration information for the vehicle to ensure there were no alerts for the driver or the vehicle. Deputies identified Abercrombie as the vehicle’s owner and retrieved his information, including a photograph. They showed Abercrombie’s driver’s license photo to bank employees, who said he resembled the man who had robbed the bank.
After identifying Abercrombie as a suspect in the bank robbery, a deputy drove to Abercrombie’s residence. After a short time, Abercrombie arrived at the residence. He was questioned by law enforcement officers and eventually admitted that he robbed the bank. He showed officers a cash box in his bedroom where he had put the money stolen from the bank.
Abercrombie also admitted that he had been watching several local financial institutions to determine which bank had the most lax security. He indicated he took these additional steps to ensure he successfully robbed the Arvest Bank, as well as carry out future bank robberies. Investigators were able to confirm Abercrombie’s information about “casing” additional banks after obtaining bank surveillance videos showing Abercrombie in his vehicle in the parking lot of those businesses.
This case was prosecuted by Assistant U.S. Attorney Patrick Carney. It was investigated by the McDonald County, Mo., Sheriff’s Department and the FBI.
Neosho Man Indicted for Producing Child PornRead the Press Release
SPRINGFIELD, Mo. – Tammy Dickinson, United States Attorney for the Western District of Missouri, announced today that a Neosho, Mo., man has been indicted by a federal grand jury for producing child pornography.
James Lyndon McFadin, Jr., 32, of Neosho, was charged in a seven-count indictment returned by a federal grand jury in Springfield, Mo., on March 29, 2016. McFadin was arrested this morning and remains in federal custody pending a detention hearing next week.
The federal indictment alleges that McFadin used six children – three females and two males, who ranged in age from approximately 5 to 16 years old – to produce child pornography between Jan. 1 and Dec. 19, 2015.
McFadin is also charged with one count of receiving and distributing child pornography over the Internet from Jan. 1 to Dec. 19, 2015.
The indictment also contains a forfeiture allegation, which would require McFadin to forfeit to the government any property used to commit the alleged offenses, including an HTC cell phone and an Asus laptop computer.
Dickinson cautioned that the charges contained in this indictment are simply accusations, and not evidence of guilt. Evidence supporting the charges must be presented to a federal trial jury, whose duty is to determine guilt or innocence.
This case is being prosecuted by Assistant U.S. Attorney Ami Harshad Miller. It was investigated by the FBI, the Southwest Missouri Cyber Crime Task Force and the Neosho, Mo., Police Department.
Project Safe Childhood
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."
Mexican National Sentenced for Illegally Reentering U.S.Read the Press Release
KANSAS CITY, Mo. – Tammy Dickinson, United States Attorney for the Western District of Missouri, announced today that a Mexican national, who had previously been deported after shooting at a police officer, has been sentenced in federal court for illegally reentering the United States.
Francisco Ortega-Montalvo, 36, a citizen of Mexico residing in Platte City, Mo., was sentenced by U.S. District Judge Beth Phillips on Thursday, March 31, 2016, to four years and three months in federal prison without parole.
On Nov. 4, 2015, Ortega-Montalvo was convicted at trial of illegally reentering the United States after having been deported following his felony conviction for shooting at a police officer.
Ortega-Montalvo was convicted in Arkansas state court in 2001 of aggravated assault and sentenced to 54 months in the Arkansas Department of Corrections. He was deported and removed from the United States in 2013 and permanently barred from entering, attempting to enter, or being in the United States at any time, due to his conviction.
Ortega-Montalvo was arrested at his residence on Dec. 10, 2014.
This case was prosecuted by Assistant U.S. Attorney Brent Venneman. It was investigated by Immigration and Customs Enforcement's (ICE) Homeland Security Investigations (HSI).
Joplin Man Sentenced to 20 Years for Drugs, Firearm after Ramming into Police VehicleRead the Press Release
SPRINGFIELD, Mo. – Tammy Dickinson, United States Attorney for the Western District of Missouri, announced today that a Joplin, Mo., man was sentenced in federal court following an investigation in which he rammed into a police vehicle.
Michael L. Watson, 38, of Joplin, was sentenced by U.S. District Judge Roseann Ketchmark on Thursday, March 31, 2016, to 20 years in federal prison without parole. Watson was sentenced as an armed career offender due to his prior felony convictions.
On Aug. 27, 2015, Watson pleaded guilty to possessing methamphetamine with the intent to distribute and to possessing a firearm in furtherance of a drug-trafficking crime.
Watson was arrested on April 10, 2015, when a Joplin police officer contacted a vehicle that Watson was driving. The officer initially stopped a man walking out of the Sunrise Inn motel at 3600 Rangeline, and the man indicated that he was with the four occupants of a Nissan Sentra that was parked nearby. During the conversation, Watson, the driver, drove the Sentra with the three other occupants away from the motel. The officer returned to his patrol vehicle and began to back up in order to follow the Sentra. The Sentra collided with the passenger side of the patrol vehicle at a high rate of speed, which caused significant damage.
Watson got out of the car and fled on foot with the officer in pursuit. Watson stumbled and fell to the ground after he jumped over a fence. The officer caught up with him and, while Watson was on the ground, saw the loaded Ruger 9mm semi-automatic pistol in a holster on Watson’s right side. The officer also found a hard case in Watson’s left front pocket that contained 39.43 grams of methamphetamine and drug paraphernalia.
Watson has prior felony convictions for assaulting a law enforcement officer, possession of a controlled substance, possession of a chemical with intent to create a controlled substance, possession of drug paraphernalia, and resisting a lawful stop.
This case was prosecuted by Assistant U.S. Attorney Nhan D. Nguyen. It was investigated by the Joplin, Mo., Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives.
Man, Woman Indicted for Armed Bank Robberies, Hold-ups at KC BusinessesRead the Press Release
KANSAS CITY, Mo. – Tammy Dickinson, United States Attorney for the Western District of Missouri, announced today that a Kansas City, Mo., and a Basehor, Kan., man have been indicted by a federal grand jury for two armed bank robberies and a series of armed robberies at three Kansas City, Mo., businesses.
Terry D. Jacobs, 46, of Kansas City, Mo., and Jayme L. Wilson, 26, of Basehor, Kan., were charged in a seven-count superseding indictment returned by a federal grand jury in Kansas City, Mo., on Wednesday, March 30, 2016. The superseding indictment replaces an indictment returned on Feb. 3, 2016, adding Wilson as a co-defendant and including additional charges.
The superseding indictment alleges that Jacobs and Wilson stole $3,950 at gunpoint from UMB Bank, 13813 E. 39th Street, Independence, Mo., on Dec. 29, 2015. Jacobs and Wilson are also charged with aiding and abetting each other to brandish a firearm – a Jimenez Arms 9mm pistol – during this crime of violence. Jacobs, who has a prior felony conviction, is also charged with being a felon in possession of a firearm.
The superseding indictment also alleges that Jacobs and Wilson stole $3,788 at gunpoint from UMB Bank, 1800 Grand Blvd., Kansas City, Mo., on Dec. 23, 2015.
In addition to the bank robberies, Jacobs is charged with three armed robberies at Kansas City, Mo., businesses: the Burger King at 3441 Main St. on Dec. 22, 2015; the Family Dollar Store at 3726 Broadway on Dec. 21, 2015; and the Taco Bell at 123 E. Linwood Blvd. on Dec. 20, 2015.
The federal indictment also contains a forfeiture allegation, which would require Jacobs and Wilson to forfeit to the government any property obtained from the proceeds of the alleged offenses, including $8,116, which represents the total amount of money stolen in the robberies.
Dickinson cautioned that the charges contained in this indictment are simply accusations, and not evidence of guilt. Evidence supporting the charges must be presented to a federal trial jury, whose duty is to determine guilt or innocence.
This case is being prosecuted by Assistant U.S. Attorney Rudolph R. Rhodes, IV. It was investigated by the Independence, Mo., Police Department, the Kansas City, Mo., Police Department and the FBI.
Joplin Man Sentenced to 27 Years for Producing Child PornRead the Press Release
SPRINGFIELD, Mo. – Tammy Dickinson, United States Attorney for the Western District of Missouri, announced that a Joplin, Mo., man was sentenced in federal court today for sexually abusing a 7-year-old victim to produce child pornography.
Joseph William Colvin, 26, of Joplin, was sentenced by U.S. District Judge M. Douglas Harpool to 27 years in federal prison without parole. The court also sentenced Colvin to spend the rest of his life on supervised release following incarceration.
On Oct. 13, 2015, Colvin pleaded guilty to the sexual exploitation of a child. Colvin admitted that he sexually abused a 7-year-old victim from April 20 through July 10, 2014, and recorded video of the abuse with his cell phone. He also admitted to taking two videos of the abuse, which investigators found on his cell phone.
According to court documents, Colvin was also in possession of child pornography that he downloaded from the Internet. Law enforcement officers seized Colvin’s laptop computer, an external hard drive and a cell phone, which must be forfeited to the government.
This case was prosecuted by Assistant U.S. Attorney Ami Harshad Miller. It was investigated by the Jasper County, Mo., Sheriff’s Department and the Southwest Missouri Cyber Crimes Task Force.
Project Safe Childhood
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."
Warrensburg Man Indicted for Producing Child PornRead the Press Release
KANSAS CITY, Mo. – Tammy Dickinson, United States Attorney for the Western District of Missouri, announced that a Warrensburg, Mo., man who was previously indicted for crossing state lines to engage in illicit sexual activity with a minor, was indicted by a federal grand jury today for producing and possessing child pornography.
Thomas Johnson, 22, of Warrensburg, was charged in a three-count superseding indictment returned by a federal grand jury in Kansas City, Mo. Today’s superseding indictment replaces an Oct. 14, 2015, indictment and includes additional charges. Johnson has remained in federal custody since his arrest.
In addition to the original charge of traveling across state lines in May 2015 to engage in illicit sexual conduct, the federal indictment also charges Johnson with using a minor to produce child pornography and with possessing child pornography.
The indictment also contains a forfeiture count, which would require Johnson to forfeit to the government any property used to commit the alleged offenses, including an ASUS laptop computer, a computer hard drive and a Nexus 6 cell phone.
According to an affidavit filed in support of the original criminal complaint, the investigation began in the Eastern District of Virginia when law enforcement agents were monitoring a child pornography Web site where Johnson had an account. Johnson allegedly logged onto the Web site and accessed images of child pornography.
Law enforcement officers executed a search warrant at Johnson’s residence on Sept. 25, 2015 and interviewed Johnson. Johnson’s cell phone was examined, the affidavit says, and was found to have several explicit photos of possible minor females, including a 13-year-old minor in Olathe, Kan. Johnson told law enforcement officers that he drove to Olathe to meet with the minor victim on two occasions in May 2015. This was confirmed in an interview with the minor victim, according to the affidavit, who also reported illicit sexual contact between herself and Johnson.
Dickinson cautioned that the charges contained in this indictment are simply accusations, and not evidence of guilt. Evidence supporting the charges must be presented to a federal trial jury, whose duty is to determine guilt or innocence.
This case is being prosecuted by Assistant U.S. Attorney Catherine A. Connelly. It was investigated by the FBI and the Olathe, Kan., Police Department.
Project Safe Childhood
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."
Two Men Sentenced for Failing to Register as Sex OffendersRead the Press Release
SPRINGFIELD, Mo. – Tammy Dickinson, United States Attorney for the Western District of Missouri, announced that two men were sentenced in federal court today, in separate and unrelated cases, for failing to register as sex offenders after moving to St. Robert, Mo., and Branson, Mo.
USA v. Dixon
Anthony Lovon Dixon, 44, of St. Robert, Mo., was sentenced by U.S. District Judge Roseann Ketchmark to two years and six months in federal prison without parole. Today’s sentencing is the maximum penalty recommended under the federal sentencing guidelines. The court also sentenced Dixon to 10 years of supervised release following incarceration.
On Nov. 5, 2015, Dixon pleaded guilty to failing to register or update his registration as required by the Sex Offender Registration Notification Act. Dixon, who was convicted in the state of Georgia in 2002 for sexually molesting an 11-year-old victim, traveled from Georgia and lived in Missouri for six months.
Even though he was previously convicted of failure to register as a sex offender in Georgia and was informed that he had to maintain his registration, Dixon left the state without notifying anyone and move to a new state. Upon arriving in Missouri, Dixon failed to register as a sex offender or notify law enforcement of his presence within the state so he could be properly monitored.
According to court documents, Dixon has been convicted on nine separate occasions for 11 separate criminal offenses. With the exception of the child molestation case, where he was given a three-year sentence of incarceration followed by a seven-year sentence of probation, each and every other court has sentenced Dixon to probation.
Dixon was convicted in Georgia in 2009 of failure to comply with the state sex offender registry and sentenced to 10 years of probation. Since then, according to court records, Dixon has violated his probation four additional times and has been reinstated to probation each time. In addition to using drugs and violating the court’s orders while on this probation, at least two of Dixon’s violations were due to his continued failure to register as a sex offender.
This case was prosecuted by Assistant U.S. Attorney Patrick Carney. It was investigated by the U.S. Marshals Service.
USA v. Parker
Lance L. Parker, 25, who is from Delaware but had been staying at a hotel in Branson, Mo., at the time of his arrest, was sentenced by U.S. District Judge Roseann Ketchmark to 23 months in federal prison without parole. The court also sentenced Parker to 10 years of supervised release following incarceration.
On Nov. 10, 2015, Parker pleaded guilty to failing to register or update his registration as required by the Sex Offender Registration Notification Act.
Parker was convicted in 2009 in the state of Delaware of rape. He escaped from Morris Correctional Community Center in Dover, Del., on April 28, 2015, and fled the state with his girlfriend. They traveled to Missouri and stayed at a Branson motel for nearly a month before attempting to drive to Las Vegas. When their car broke down in New Mexico, they returned to Branson and stayed at a couple of different motels until Parker was arrested on June 22, 2015.
This case was prosecuted by Assistant U.S. Attorney Abram McGull, II. It was investigated by the U.S. Marshals Service, the Branson, Mo., Police Department and the Taney County, Mo., Sheriff’s Department.
Two KC Men Indicted for Armed Bank Robbery, Illegal FirearmsRead the Press Release
KANSAS CITY, Mo. – Tammy Dickinson, United States Attorney for the Western District of Missouri, announced that two Kansas City, Mo., men were indicted by a federal grand jury today for armed bank robbery and for illegally possessing firearms.
Gregory Burgin, 58, and his stepson, Howard T. Patton, 37, both of Kansas City, were charged in a four-count indictment returned by a federal grand jury in Kansas City, Mo. Today’s indictment replaces a federal criminal complaint that was filed against Burgin on March 14, 2016, adds Patton as a defendant and includes additional charges.
The federal indictment alleges that Burgin and Patton aided and abetted each other to steal $8,142 at gunpoint from Bank Midwest, 6429 Brookside Blvd., Kansas City, Mo., on March 12, 2016. They are also charged with aiding and abetting each other to brandish firearms during a crime of violence.
Burgin and Patton, who have been convicted of felonies, are each charged with one count of being a felon in possession of firearms and ammunition. Burgin allegedly was in possession of a Kel Tech 9mm pistol, a Bersa .380-caliber pistol and ammunition. Patton allegedly was in possession of a Bersa .380-caliber pistol and ammunition.
According to an affidavit filed in support of the original criminal complaint, Burgin and Patton were both armed with handguns, which were pointed at the tellers and customers, when they entered the bank. One of them grabbed a customer from behind, the affidavit says, and pushed him to the ground before pointing a handgun directly at a teller. He demanded money and cocked the hammer on his handgun to intimidate her. They ordered an employee and customer to the ground. The teller placed the money in a duffle bag and they fled from the bank.
Police officers saw a vehicle parked in Burgin’s driveway about half an hour later that matched the description of the get-away car. Inside Burgin’s residence, officers found a Crown Royal bag in the rafters that contained $8,155, as well as firearms and clothing items matching the description of what the bank robbers were wearing.
Dickinson cautioned that the charges contained in this indictment are simply accusations, and not evidence of guilt. Evidence supporting the charges must be presented to a federal trial jury, whose duty is to determine guilt or innocence.
This case is being prosecuted by Assistant U.S. Attorney Rudolph R. Rhodes, IV. It was investigated by the Kansas City, Mo., Police Department, the Bureau of Alcohol, Tobacco, Firearms and Explosives and the FBI.
Four Indicted for Meth Conspiracies in Jasper, Greene CountiesRead the Press Release
SPRINGFIELD, Mo. – Tammy Dickinson, United States Attorney for the Western District of Missouri, announced that four individuals were indicted by a federal grand jury today in two separate and unrelated conspiracies to distribute methamphetamine in Jasper County, Mo., and in Greene County, Mo.
USA v. Soto-Garcia, et al.
Santiago Soto-Garcia, 23, Destiny O’Brien, 20, and Michael L. Gonzalez, also known as “Chavez,” 23, were charged in a three-count superseding indictment returned by a federal grand jury in Springfield, Mo. Today’s superseding indictment replaces an indictment returned by the grand jury on Aug. 25, 2015, and includes two additional charges.
According to court documents, law enforcement officers had received information that Soto-Garcia and O’Brien were multiple-pound distributors of methamphetamine. Members of the Ozark Drug Enforcement Team were conducting surveillance at a Joplin, Mo., residence when they saw a 2006 BMW driven by Soto-Garcia leaving the residence. The vehicle was stopped and officers saw two pistols on the floorboard by the feet of Gonzalez, a passenger in the rear seat. O’Brien was a passenger in the front seat.
All of the defendants were told to get out of the car. Both Soto-Garcia and O’Brien were arrested for resisting arrest after struggling with officers. A K-9 alerted to the presence of narcotics in the BMW. Officers found a package that contained 501 grams of methamphetamine in O’Brien’s purse, and found approximately seven grams of methamphetamine on O’Brien.
Today’s indictment alleges that Soto-Garcia, O’Brien and Gonzalez participated in a conspiracy to distribute methamphetamine in Jasper County from Nov. 1, 2013, to Aug. 11, 2015. They are also charged together, as in the original indictment, in one count of possessing methamphetamine with the intent to distribute.
Soto-Garcia, O’Brien and Gonzalez are also charged together in one count of aiding and abetting each other to possess firearms in furtherance of the drug-trafficking conspiracy. They allegedly possessed a Hi-Point .40-caliber firearm and a Kel-Tec .223-caliber firearm on Aug. 11, 2015.
This case is being prosecuted by Supervisory Assistant U.S. Attorney Randall D. Eggert and Special Assistant U.S. Attorney Jody Larison. It was investigated by the Drug Enforcement Administration, the FBI, the Missouri State Highway Patrol, the Ozark Drug Enforcement Team, the Joplin, Mo., Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives.
USA v. Nemecek
Caleb E. Nemecek, 25, of Chadwick, Mo., was charged in a four-count indictment returned by a federal grand jury in Springfield, Mo.
Today’s indictment alleges that Nemecek participated in a conspiracy to distribute methamphetamine in Greene County, Mo., and Jasper County, Mo., from Nov. 7, 2014, to Nov. 17, 2015. The indictment also charges Nemecek with two counts of possessing methamphetamine with the intent to distribute.
Nemecek is also charged with possessing a firearm in furtherance of the drug-trafficking conspiracy. Nemecek allegedly possessed a Sig Sauer handgun on Nov. 7, 2014.
This case is being prosecuted by Special Assistant U.S. Attorney Jody Larison. It was investigated by the Missouri State Highway Patrol, the Springfield, Mo., Police Department; the Oklahoma State Highway Patrol; the Greene County, Mo., Sheriff’s Department; the Joplin, Mo., Police Department; the Ozarks Drug Enforcement Team; and the Drug Enforcement Administration.
Dickinson cautioned that the charges contained in these indictments are simply accusations, and not evidence of guilt. Evidence supporting the charges must be presented to a federal trial jury, whose duty is to determine guilt or innocence.
Duenweg Sex Offender Pleads Guilty to Child Porn, Faces at Least 15 Years in PrisonRead the Press Release
SPRINGFIELD, Mo. – Tammy Dickinson, United States Attorney for the Western District of Missouri, announced that a convicted sex offender in Duenweg, Mo., pleaded guilty in federal court today to receiving child pornography over the Internet.
Paul L. Sipeer, 65, of Duenweg, pleaded guilty before U.S. District Judge M. Douglas Harpool to receiving child pornography over the Internet. Sipeer has been in federal custody without bond since his arrest in January 2016.
Sipeer is a registered sex offender with a 1992 conviction for sexual abuse in the first degree involving the physical harm of a 7-year-old child. According to court documents, Sipeer admitted that he sexually molested at least three other children besides the victim of the crime resulting in his conviction. Sipeer also admitted that he began accessing child pornography within one year of his release from prison in 1994.
By pleading guilty today, Sipeer admitted that he received child pornography between July 1, 2012, and Jan. 26, 2016.
According to court documents, Homeland Security Investigations (HSI) agents learned that Sipeer was conducting online money transfers between $10 and $20 several times a month during the summer of 2015 to individuals in the Philippines. Money transfers, conducted through Western Union and MoneyGram, are often used to send funds to pay for sexual performances by children in the Philippines. In prior investigations conducted by HSI, small amounts of money, typically between $5 and $100, are often sent to individuals in the Philippines. Often the senders would send additional payments for continued and/or repeat performances.
Upon further investigation, agents learned that Sipeer had been making money transfers to various individuals in the Philippines since January 2013, in amounts ranging up to $480.
Law enforcement officers contacted Sipeer at his residence on Jan. 26, 2016. Sipeer told the officers he sent money to the Philippines to pay for “sex shows.” Sipeer said he has sent approximately $1,200 to the Philippines in total. Sipeer also confessed that he had been actively downloading images depicting child pornography from the Internet. Several images of child pornography, depicting children younger than 10 years old, were located on Sipeer’s computer.
Under federal statutes, Sipeer is subject to a mandatory minimum sentence of 15 years in federal prison without parole, up to a sentence of 40 years in federal prison without parole. The maximum statutory sentence is prescribed by Congress and is provided here for informational purposes, as the sentencing of the defendant will be determined by the court based on the advisory sentencing guidelines and other statutory factors. A sentencing hearing will be scheduled after the completion of a presentence investigation by the United States Probation Office.
This case is being prosecuted by Assistant U.S. Attorney James J. Kelleher. It was investigated by Immigration and Customs Enforcement's (ICE) Homeland Security Investigations (HSI) and the Southwest Missouri Cyber Crime Task Force.
Project Safe Childhood
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."
Ava Man Pleads Guilty to Producing Child Porn, Faces at Least 15 Years in PrisonRead the Press Release
SPRINGFIELD, Mo. – Tammy Dickinson, United States Attorney for the Western District of Missouri, announced that an Ava, Mo., man pleaded guilty in federal court today to producing child pornography.
Brett Corcoran, 26, of Ava, pleaded guilty before U.S. District Judge M. Douglas Harpool to the charge contained in a Sept. 30, 2015, federal indictment. Corcoran has been in federal custody since his arrest.
By pleading guilty today, Corcoran admitted that he used a minor victim to produce child pornography between Jan. 1 and May 13, 2015. According to court documents, Corcoran engaged in numerous text conversations with a 14-year-old victim. He sent pornographic images of himself to her, and solicited images from the child victim.
Under federal statutes, Corcoran is subject to a mandatory minimum sentence of 15 years in federal prison without parole, up to a sentence of 30 years in federal prison without parole. The maximum statutory sentence is prescribed by Congress and is provided here for informational purposes, as the sentencing of the defendant will be determined by the court based on the advisory sentencing guidelines and other statutory factors. A sentencing hearing will be scheduled after the completion of a presentence investigation by the United States Probation Office.
This case is being prosecuted by Assistant U.S. Attorney James J. Kelleher. It was investigated by Immigration and Customs Enforcement's (ICE) Homeland Security Investigations (HSI) and the St. Mary’s County, Maryland, Sheriff’s Department.
Project Safe Childhood
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."
Two Men Charged with Armed Robbery after Shoot-out with Law Enforcement Results in FatalityRead the Press Release
KANSAS CITY, Mo. – Tammy Dickinson, United States Attorney for the Western District of Missouri, announced that two men were charged in federal court today for the armed robbery of a Walgreens in Blue Springs, Mo., which resulted in a third suspect being fatally shot by law enforcement officers.
Shannon R. Thomas, 25, of Shawnee, Kan., and Deonte J. Collins-Abbott, 21, of Grandview, Mo., were charged in a federal criminal complaint filed in the U.S. District Court in Kansas City, Mo.
Today’s criminal complaint charges both Thomas and Collins-Abbott with the armed robbery of a Walgreens located at 9th and Duncan in Blue Springs. Thomas and Collins-Abbott are also charged with aiding and abetting each other to possess a firearm during a crime of violence.
According to an affidavit filed in support of today’s criminal complaint, law enforcement officers were conducting surveillance on Thomas and Collins-Abbott as part of an investigation into a series of 21 armed robberies of businesses in Independence, Mo., Raytown, Mo., North Kansas City, Mo., Kansas City, Mo., and Kansas City, Kan., since Jan. 2, 2016. In all of these robberies, the affidavit says, the suspects have consistently displayed handguns in a threatening manner and behaved in a violent and aggressive fashion physically toward their victims, including shooting one victim at the Conoco located at 4656 Prospect Ave., Kansas City, Mo., on March 15, 2016. The robberies appear to have been committed consistently by at least four suspects who appear in surveillance video in most of the incidents.
Law enforcement officers saw Collins-Abbott leave his apartment and travel to the apartment of Jermon Seals in Shawnee early this morning. When Collins-Abbott and Seals left the apartment, the affidavit says, they both appeared to be holding handguns and were dressed in all black clothing. They left in Seals’s 2001 BMW X5 SUV and eventually stopped to pick up Thomas.
At approximately 3:09 a.m., the affidavit says, they stopped at the Phillips 66 at 1005 N.W. Coronodo Dr., Blue Springs. They entered the business and quickly left. According to the affidavit, they had attempted to rob the business.
They then drove to the area of 9th and Duncan in Blue Springs. The affidavit says they left the vehicle and walked up to the Walgreens, where they confronted an employee outside the business and forced the employee inside at gunpoint. Once inside, one of the robbers placed a firearm to the back of the employee’s head and took money from the front register. The other two robbers went over the pharmacy counter and took prescription grade cough syrup at gunpoint from the pharmacist. They then exited the business.
Law enforcement officers confronted them as they were walking back to the vehicle, the affidavit says. They failed to comply with the officers’ commands, according to the affidavit, and turned towards the officers, pointing a gun in their direction. Officers returned fire and Seals was struck in the exchange. Collins-Abbott and Thomas were apprehended by officers after a short foot pursuit.
Dickinson cautioned that the charges contained in this complaint are simply accusations, and not evidence of guilt. Evidence supporting the charges must be presented to a federal trial jury, whose duty is to determine guilt or innocence.
This case is being prosecuted by Assistant U.S. Attorney Adam Caine. It was investigated by the FBI, the Kansas City, Mo., Police Department, the Independence, Mo., Police Department, the Bureau of Alcohol, Tobacco, Firearms and Explosives and the U.S. Marshals Service.
Bois D'Arc Man Sentenced for Bank Fraud Related to $1.6 Million HomeRead the Press Release
SPRINGFIELD, Mo. – Tammy Dickinson, United States Attorney for the Western District of Missouri, announced that a Bois D’Arc, Mo., business owner was sentenced in federal court today for a bank fraud scheme related to the construction of his $1.6 million residence.
Michael R. Ussery, 58, of Bois D’Arc, was sentenced by U.S. District Judge M. Douglas Harpool to two years in federal prison without parole. The court also ordered Ussery to pay $1.3 million in restitution to Mid-Missouri Bank.
On Oct. 30, 2015, Ussery was convicted at trial of 12 counts of bank fraud. Ussery was the owner/operator of two businesses in 2007, USS Properties and Villa Properties, both of which purchased real estate for residential development.
During this time, Ussery also was building a $1.6 million home for himself in Bois D’Arc. Mid-Missouri Bank agreed to provide a $1.6 million construction loan to build the residence; $1.15 million was used to pay off the previous bank which had financed the construction of the residence up to that point, and the remaining $450,000 was supposed to have gone to completing the construction of the residence. When persons worked on the house, Ussery was supposed to obtain an invoice and a lien waiver from the contractors and submit these documents to Mid-Missouri Bank, which would then make a disbursement of the amount owed to Ussery’s personal bank account.
A dozen invoices and lien waivers totaling $315,417 were submitted to Mid-Missouri Bank from May 29 to June 25, 2007, purportedly from persons or companies building the residence, to draw money from the $1.6 million loan amount for construction of the residence. In fact, each invoice and lien waiver was false, faked or forged. They were either created by, or caused to be submitted by, Ussery, and contained materially false or fraudulent representations. The companies or persons who were indicated on the fraudulent invoices and lien waivers did not prepare or submit the invoices and lien waivers, did not perform the work on the property as indicated in the invoices, did not agree to waive any lien on the residence for work actually done on the property, and did not receive any payments for work done as indicated in the invoices. A handwriting expert testified that Ussery’s handwriting was on every false lien waiver document.
Along with the lien waivers and the invoices submitted, there were checks purported to have been written on Ussery’s checking account to the persons that Ussery claimed had done work on the residence. There is no record of any of these checks having been cashed by the contractors or businesses for which Ussery wrote out the checks. Representatives of these businesses testified that Ussery never provided them with the checks attached to the lien waivers, which had been attached to the disbursement forms as a record of the amount allegedly paid by Ussery to the business.
For example, Ussery admitted at trial that he signed one of the lien waivers for services provided by the Davis Cabinet Shop, a company operated by his father-in-law. The handwriting expert also concluded that Ussery wrote a $42,609 check to Davis Cabinet Shop, which was purported to be for cabinet work at the residence. This check was never cashed and the bank’s building inspector did not observe any cabinets in the house during the time of the construction of the house or later when the residence was eventually sold after foreclosure. During the trial, the person who purchased the Bois D’Arc residence at the foreclosure sale testified that Ussery approached him and asked him to testify that when he bought the property in the foreclosure sale that there was cabinet material in the house which corresponded to the Davis Cabinet Shop lien waiver. In exchange for this testimony, Ussery offered to loan him money. The new owner, however, testified at trial that when he purchased the residence, there was no cabinet material in the house, apart from scrap material in the garage, and there were no cabinets installed in the house.
Auditors at the bank visited the construction site in June and July of 2007 and saw nothing that would indicate that this amount had been spent on the construction of the residence, apart from the hanging of drywall. Mid-Missouri Bank actually deposited $315,417 into Ussery’s personal bank account based upon the fraudulent representations contained in the lien waiver and invoice documents.
Ussery wrote checks from his bank account where the loan amounts for his house were deposited to either of his two businesses. Afterwards, it appears that the money, which had been meant for building the house, was deposited instead into bank accounts relating to USS Properties or Villa Properties. This activity occurred while both businesses were under severe economic strain, which eventually led to their bankruptcy.
Ussery eventually stopped construction on the Bois D’Arc property and the bank had to foreclose on the loan. The bank took a $782,349 loss after the sale of the property with its partially finished house. The bank also paid a total of $103,257 to settle mechanic liens placed on the residence by the contractors that Ussery claimed he had paid in the false lien waivers. Ussery filed for bankruptcy relief in 2011.
Although not charged in the indictment, evidence introduced during the trial indicated that Ussery also committed similar fraudulent activity against a husband and wife who hired him to build a personal residence in Greene County, Mo. Ussery started construction of the house in 2007, but did not complete the project. The victim clients discovered that Ussery was providing false lien waivers to Great Southern Bank to obtain loan draws from the construction loan.
This case was prosecuted by Supervisory Assistant U.S. Attorney Randall D. Eggert and Assistant U.S. Attorney Patrick Carney. It was investigated by IRS-Criminal Investigation, the U.S. Secret Service and the Springfield, Mo., Police Department.
Gladstone Man Pleads Guilty to Child PornRead the Press Release
KANSAS CITY, Mo. – Tammy Dickinson, United States Attorney for the Western District of Missouri, announced that a Gladstone, Mo., man pleaded guilty in federal court today to charges related to receiving and attempting to distribute child pornography over the Internet.
Jack E. Grubb III, 34, of Gladstone, pleaded guilty before U.S. Chief District Judge Greg Kays to all three counts of a Sept. 10, 2015, federal indictment. Grubb was taken into custody at the conclusion of the hearing.
By pleading guilty today, Grubb admitted that he received child pornography over the Internet on Oct. 27, 2013. Grubb also admitted that he attempted to distribute child pornography over the Internet on Nov. 7, 2013, and that he was in possession of child pornography on Jan. 23, 2014.
Under federal statutes, Grubb is subject to a mandatory minimum sentence of five years in federal prison without parole, up to a sentence of 50 years in federal prison without parole. The maximum statutory sentence is prescribed by Congress and is provided here for informational purposes, as the sentencing of the defendant will be determined by the court based on the advisory sentencing guidelines and other statutory factors. A sentencing hearing will be scheduled after the completion of a presentence investigation by the United States Probation Office.
This case is being prosecuted by Assistant U.S. Attorney Catherine A. Connelly. It was investigated by the FBI.
Project Safe Childhood
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."
Republic Woman, Lee's Summit Man Plead Guilty to Meth ConspiracyRead the Press Release
SPRINGFIELD, Mo. – Tammy Dickinson, United States Attorney for the Western District of Missouri, announced today that a Republic, Mo., woman and a Lee’s Summit, Mo., man have pleaded guilty in federal court to their roles in a conspiracy to distribute large quantities of methamphetamine in Greene, Polk, Christian, Jasper, Laclede and Webster counties.
Kenna Harmon, 37, of Republic, and Carlos Tapia, 41, of Lee’s Summit, pleaded guilty in separate appearances before U.S. District Judge M. Douglas Harpool on Thursday, March 17, 2016.
Harmon pleaded guilty to being a leader, along with her husband, Daniel Harmon, in the drug-trafficking conspiracy as well as a money-laundering conspiracy and to being a felon in possession of a firearm. In total, the Harmon drug-trafficking organization was responsible for the distribution of over 45 kilograms of methamphetamine from June 1, 2013, through Nov. 29, 2014.
Tapia pleaded guilty to his role in the drug-trafficking conspiracy. Tapia admitted that he provided large amounts of methamphetamine to conspirators. Tapia provided approximately 10 pounds of methamphetamine every two weeks during the time of the conspiracy, to individual members of the conspiracy.
Beginning in 2012, the Drug Enforcement Administration, assisted by other agencies, investigated a large-scale methamphetamine distribution network in southwest Missouri involving several sources of supply. The Harmons obtained pound amounts of methamphetamine from sources in Kansas City and St. Louis, Mo., and in Oklahoma for distribution in the Springfield area.
In December 2013, Daniel Harmon was stopped by law enforcement officers outside of St. Louis. During a search of his vehicle, officers discovered approximately four pounds of methamphetamine, $60,000 and a handgun. Daniel Harmon was indicted in the Eastern District of Missouri and pleaded guilty to possessing methamphetamine with the intent to distribute and to being a felon in possession of a firearm.
After Daniel Harmon’s arrest and incarceration, Kenna Harmon continued to lead the drug-trafficking organization in its distribution of methamphetamine. Kenna Harmon directed the organization to purchase large amounts of methamphetamine from various sources of supply and provided distributive amounts of methamphetamine to co-defendants. Kenna Harmon, in order to distribute the large amount of methamphetamine that she was responsible for selling, stored methamphetamine in several residences in Greene and Polk Counties, and directed several individuals to assist in maintaining those residences.
On Nov. 27, 2014, Kenna Harmon was stopped in her blue BMW 545i while traveling in Springfield. During a search of Kenna Harmon’s vehicle, officers discovered a small amount of methamphetamine, $4,604 and marijuana, all of which was found on either her person or within the vehicle. A search warrant was executed at her residence the same day, where agents found approximately $20,000, approximately 5 ½ pounds of methamphetamine and a loaded Jennings .22-caliber pistol (in a nightstand in her bedroom).
Under the terms of her plea agreement, Kenna Harmon must forfeit to the government the house she was building in Halfway, Mo. Kenna Harmon paid approximately $324,185 in cash for the construction of the residence, which was from drug-trafficking proceeds. The proceeds were paid in installments to a local building contractor that Kenna Harmon hired. She told the contractor that she had inherited the cash, which was not true. She used the property to promote her continued sale of methamphetamine by storing methamphetamine at the residence. Harmon must also forfeit a firearm, five vehicles used by the conspiracy to distribute methamphetamine, jewelry purchased with drug proceeds and approximately $61,000.
Under federal statutes, Kenna Harmon is subject to a mandatory minimum sentence of 20 years in federal prison without parole due to her prior felony conviction for drug trafficking, up to a sentence of life in federal prison without parole. Tapia is subject to a mandatory minimum sentence of 10 years in federal prison without parole, up to a sentence of life in federal prison without parole.
The maximum statutory sentence is prescribed by Congress and is provided here for informational purposes, as the sentencing of the defendant will be determined by the court based on the advisory sentencing guidelines and other statutory factors. A sentencing hearing will be scheduled after the completion of a presentence investigation by the United States Probation Office.
This case is being prosecuted by Assistant U.S. Attorneys Randall D. Eggert, Nhan D. Nguyen and Cynthia J. Hyde. It was investigated by the Drug Enforcement Administration, IRS-Criminal Investigation, the Missouri State Highway Patrol, the Springfield, Mo., Police Department and Immigration and Customs Enforcement's (ICE) Homeland Security Investigations (HSI).
Texas Woman Sentenced to 20 Years for Meth ConspiracyRead the Press Release
SPRINGFIELD, Mo. – Tammy Dickinson, United States Attorney for the Western District of Missouri, announced that a Brownsville, Texas woman and a Joplin, Mo., man were sentenced in federal court today for their roles in a conspiracy to distribute methamphetamine in the Joplin area.
Miriam DeLeon, 35, of Brownsville, and Juan Leonardo Simmons, 32, of Joplin, were sentenced in separate appearances before U.S. District Judge M. Douglas Harpool. DeLeon was sentenced to 20 years in federal prison without parole. Simmons was sentenced to six years and three months in federal prison without parole.
According to court documents, DeLeon was identified as the leader of a drug-trafficking organization and as a major source of supply in the Joplin area as the result of a year-long, multi-agency investigation into an international organization based in Matamoras, Mexico, with members across the United States, including Texas, Oklahoma and Missouri.
On Feb. 18, 2015, DeLeon pleaded guilty to participating in a conspiracy to distribute methamphetamine and to aiding and abetting others to distribute methamphetamine.
DeLeon was arrested on July 31, 2014, after visiting the Jasper County courthouse for a hearing for her brother and co-defendant, Jose Luis DeLeon, Jr., 36, of Joplin, who was being held on state charges at that time. In the courthouse parking lot, she handed another person a bag of dog food that was later found to contain 470 grams of methamphetamine. According to court documents, Miriam DeLeon was bringing the methamphetamine to her brother, who planned to distribute inside the Jasper County jail.
Miriam DeLeon had also been stopped in August 2008 by the Texas Department of Public Safety for a traffic violation in Wharton, Texas. The traffic stop resulted in the seizure of $122,300 that was discovered hidden in the vehicle.
Simmons pleaded guilty on April 15, 2015, to his role in the drug-trafficking conspiracy and to illegally possessing a firearm. Simmons was arrested in April 2013, when a Joplin police officer stopped him while driving a Dodge truck. Officers found methamphetamine, multiple glass smoking pipes and straws with residue during a search of the vehicle. They also seized an AMT .380-caliber handgun. Simmons was arrested again in July 2013 at The Downstream Casino in Quapaw, Okla., for possessing methamphetamine. Law enforcement officers seized a baggie of methamphetamine, a loaded Kel-Tec 9mm pistol, a drug ledger and $1,160 from his hotel room.
A confidential source told investigators that he traveled to Houston, Texas, with Simmons and another person to pick up a kilogram of methamphetamine for Jose DeLeon, which was put into a spare tire mounted to the vehicle they were driving for the return trip to Joplin.
Co-defendant Eric Allen Meyer, 32, of Joplin, was sentenced on Nov. 12, 2015, to 15 years in federal prison without parole. Meyer pleaded guilty to his role in the drug-trafficking conspiracy and to illegally possessing a firearm.
Jose DeLeon has pleaded guilty to his role in the conspiracy and to being a felon in possession of a firearm and awaits sentencing. A confidential source told law enforcement investigators that Jose DeLeon sold multiple pounds of methamphetamine each week and had received at least two shipments of firearms in exchange for methamphetamine, each approximately 15 firearms.
This case is being prosecuted by Assistant U.S. Attorneys Ami Harshad Miller and Cindy Hyde. It was investigated by the Drug Enforcement Administration, the Bureau of Alcohol, Tobacco, Firearms, and Explosives, the FBI, the Jasper County Drug Task Force, the Joplin, Mo., Police Department, the Missouri State Highway Patrol, the Kansas Bureau of Investigations, IRS-Criminal Investigations, the Bureau of Indian Affairs and the Newton County, Mo., Prosecuting Attorney.
KC Woman Sentenced for $433,000 Tax Fraud SchemeRead the Press Release
KANSAS CITY, Mo. – Tammy Dickinson, United States Attorney for the Western District of Missouri, announced that a Kansas City, Mo., woman was sentenced in federal court today for her role in a fraudulent tax return scheme that claimed $433,365 in fraudulent income tax refunds.
Lashan Brown, 41, of Kansas City, Mo., was sentenced by U.S. District Judge Beth Phillips to one year and one day in federal prison without parole. The court also ordered Brown to pay $120,172 in restitution.
On Oct. 19, 2015, Brown pleaded guilty before to her role in a conspiracy to defraud the government. Brown admitted that she and several co-defendants conspired to submit false claims for income tax refunds from January 2009 to February 2012.
The tax refund scheme involved the creation of false and fraudulent W-2 forms that reported fictitious employer information, fictitious income, and fictitious income tax withholdings. Conspirators solicited friends and acquaintances to file their tax returns using false W-2 information. These “taxpayers” had little to no legitimate income and would not otherwise have to file tax returns.
The tax refund scheme involved claims against the United States in the approximate amount of $433,365, and resulted in an actual loss of at least $329,000.
Brown was recruited to file fraudulent tax returns from her home computer in 2010 and 2011. Brown’s portion of the tax refund scheme involved 33 fraudulent refund filings during this time period. Regarding these 33 filings, a total of $204,849 in refunds were claimed, which resulted in $120,172 in actual tax loss (money paid to the defendants and filers based on their false claims).
Co-defendant Marquita R. Murray, 38, of Kansas City, pleaded guilty to her role in the conspiracy and to making false claims and awaits sentencing. Murray provided tax filers with the false W-2 forms, transported tax filers to legitimate tax preparers to electronically file the fraudulent tax returns and transported tax filers to banks and check cashing businesses to obtain cash from the tax returns. Murray also assisted co-conspirators in electronically filing others’ false returns from their home computers.
Co-defendant Mika Francis, 41, of Lee’s Summit, Mo., also pleaded guilty and awaits sentencing.
Co-defendant Demichael A. Johnson, 37, of Kansas City, Mo., was sentenced to two years in federal prison without parole, to be served consecutively to the seven-year sentence Johnson is currently serving in federal prison for drug trafficking. The court also ordered Johnson to pay $67,281 in restitution to the government.
This case is being prosecuted by Senior Litigation Counsel Gregg Coonrod. It was investigated by IRS-Criminal Investigation.
Former Fort Leonard Wood Man Charged with Sexually Abusing a ChildRead the Press Release
SPRINGFIELD, Mo. – Tammy Dickinson, United States Attorney for the Western District of Missouri, announced that a Brattleboro, Vt., man was charged in federal court today with sexually assaulting a 6-year-old child at Fort Leonard Wood, Mo.
Paul Kickery, Sr., 66, of Brattleboro, formerly of Fort Leonard Wood, was charged in a criminal complaint filed in the U.S. District Court in Springfield, Mo., with the aggravated sexual abuse of a child.
According to an affidavit filed in support of today’s criminal complaint, the victim’s father contacted the Brattleboro, Vt., Police Department, to report that his daughter had been sexually assaulted by Kickery over the course of approximately a year. During the time of the sexual assaults, between July 1, 2013, and July 31, 2014, both Kickery and the then-6-year-old victim were residing at Fort Leonard Wood. The child victim disclosed the abuse to a family member about a year later.
Dickinson cautioned that the charge contained in this complaint is simply an accusation, and not evidence of guilt. Evidence supporting the charge must be presented to a federal trial jury, whose duty is to determine guilt or innocence.
This case is being prosecuted by Assistant U.S. Attorney Ami Harshad Miller. It was investigated by the FBI and the Brattleboro, Vermont, Police Department.
Man Pleads Guilty to Thayer Bank RobberyRead the Press Release
SPRINGFIELD, Mo. – Tammy Dickinson, United States Attorney for the Western District of Missouri, announced that a man who earlier robbed a bank in Tennessee pleaded guilty in federal court today to also robbing a bank in Thayer, Mo.
Bobby Laughton Yates, 26, address unknown, pleaded guilty before U.S. District Judge M. Douglas Harpool to one count of bank robbery.
By pleading guilty today, Yates admitted that he stole $2,325 from Great Southern Bank, 323 E. Walnut St., Thayer, on April 22, 2015. Yates entered the bank and asked for a deposit slip. A teller directed Yates to a kiosk to the right of the teller’s station. Yates went to the kiosk and wrote out a note on a withdrawal slip. Yates presented the slip, and a plastic bag, to the teller. The slip stated, “put ALL the Money in the BAG Dont do anything dumb.” Yates instructed the teller not to draw the attention of the bank manager. The teller noted Yates kept his hand in his left sweater pocket, where she observed a bulge that appeared to be a gun.
Yates told the teller to give him the money from all the drawers; however, the teller informed him she only had access to hers. The teller placed all the bills in her drawer, into the bag and handed it to Yates. As Yates was leaving, he ran into the door jam and dropped what appeared to be a handgun. Yates picked the item up, but part of a broken piece was left behind. The broken piece was later determined to be part of an Airsoft gun.
Yates was later arrested for robbing the Patriot Bank in Millington, Tenn., a week earlier and has pleaded guilty to both bank robberies.
Under the terms of today’s plea agreement, the government will recommend a sentence of five years in federal prison without parole and Yates must pay $2,325 in restitution to the bank.
This case is being prosecuted by Assistant U.S. Attorney Ami Harshad Miller. It was investigated by the Thayer, Mo., Police Department, the Missouri State Highway Patrol and the FBI.
Lee's Summit Woman Charged with Embezzling $300,000 from EmployerRead the Press Release
KANSAS CITY, Mo. – Tammy Dickinson, United States Attorney for the Western District of Missouri, announced today that a Lee’s Summit, Mo., woman has been charged in a scheme to embezzle more than $300,000 from her employer.
Patricia Webb, 43, of Lee’s Summit, was charged in a criminal complaint filed in the U.S. District Court in Kansas City, Mo., on Tuesday, March 15, 2016. Webb will have her initial court appearance today.
According to an affidavit filed in support of the federal criminal complaint, Webb was employed by Black and Veatch, a global engineering, consulting and construction company, from January 2015 until March 4, 2016. Webb earned $90,000 per year as global payroll manager.
The complaint alleges that, from July 2015 to February 2016, Webb facilitated unauthorized wire transfers and Automated Clearing House transactions (fund transfers, such as direct deposits and business-to-business payments) from the company’s payroll account to her own business bank account under the corporate name Beauty Within Me. To conceal her fraud, Webb manipulated the direct deposit information of Black and Veatch clients, who were either based overseas or deceased, to funnel company funds into her own bank account.
Webb allegedly embezzled approximately $302,183 from Black and Veatch in a series of six transfers that ranged from $8,588 to $92,862 over approximately seven months in 2015 and 2016.
During the scheme, the affidavit says, Webb made $106,529 in withdrawals and expenditures at casinos; spent $8,986 on travel-related expenses (including airfare and hotels for trips to Bangkok, Thailand, Las Vegas, Nev., and Miami, Fla.; made $14,449 in payments to multiple higher education universities; and made $61,745 in ATM withdrawals.
On March 4, 2016, an accounts manager at Commerce Bank contacted Black and Veatch’s executive management regarding payroll deposits that seemed suspicious. On the same day, Webb was confronted about the suspicious transactions and was suspended without pay.
Dickinson cautioned that the charge contained in this complaint is simply an accusation, and not evidence of guilt. Evidence supporting the charge must be presented to a federal trial jury, whose duty is to determine guilt or innocence.
This case is being prosecuted by Assistant U.S. Attorney Paul S. Becker. It was investigated by the FBI.
Retired High School Teacher Pleads Guilty to Attempting to Engage in Illicit Sex with a MinorRead the Press Release
JEFFERSON CITY, Mo. – Tammy Dickinson, United States Attorney for the Western District of Missouri, announced that a retired high school teacher in Sedalia, Mo., pleaded guilty in federal court today to arranging to meet a woman and her 14-year-old daughter (actually an undercover law enforcement officer) for illicit sexual activity.
Paul Robert Cannon, 71, of Sedalia, Mo., pleaded guilty before U.S. Magistrate Judge Matt J. Whitworth to attempting to induce a minor to engage in illicit sexual activity.
According to court documents, Cannon posted an advertisement on Craigslist on Jan. 18, 2016, entitled “Grandpa looking for a couple with kids.” The posting read, “Grandpa looking for a couple that would like to include their kids in sexual fun. White man, very discreet, very safe, retired teacher, and well endowed. Age and race are not an issue.”
On Jan. 21, 2016, a detective with the Boone County, Mo., Sheriff’s Department responded to the Craigslist advertisement, portraying himself as a single mother with a 14-year-old daughter. Over the next six days, the detective exchanged numerous e-mails with Cannon. In these exchanges, Cannon described various sex acts he intended to perform with the minor daughter. He also offered to have sex with both the mother and minor daughter together and said he was looking for “a continuing relationship.” The detective also exchanged numerous texts with Cannon in which Cannon described various sex acts he intended to perform with the minor daughter.
The undercover detective arranged to meet Cannon at a Columbia, Mo., restaurant this afternoon. Cannon offered to buy lunch for the mother and daughter before going to their residence for a sexual rendezvous. When Cannon arrived at the restaurant, he was redirected to another nearby restaurant, where he was arrested.
Under federal statutes, Cannon is subject to a mandatory minimum sentence of 10 years in federal prison without parole, up to a sentence of life in federal prison without parole. The maximum statutory sentence is prescribed by Congress and is provided here for informational purposes, as the sentencing of the defendant will be determined by the court based on the advisory sentencing guidelines and other statutory factors. A sentencing hearing will be scheduled after the completion of a presentence investigation by the United States Probation Office.
This case is being prosecuted by Supervisory Assistant U.S. Attorney Michael S. Oliver. It was investigated by the FBI and the Boone County Cyber Crimes Task Force.
Project Safe Childhood
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."
Independence Man Sentenced to 27 Years for Drug-Trafficking Conspiracy Resulting in Two DeathsRead the Press Release
KANSAS CITY, Mo. – Tammy Dickinson, United States Attorney for the Western District of Missouri, announced that an Independence, Mo., man was sentenced in federal court today for his role in a drug-trafficking conspiracy that resulted in the shooting deaths of three persons during a home invasion in Independence and the shooting of a 12-year-old boy in the home.
Kevin M. Finley, also known as “Tubbs,” 36, of Independence, was sentenced by U.S. District Judge Beth Phillips to 27 years in federal prison without parole.
On Sept. 10, 2015, Finley pleaded guilty to participating in a conspiracy to distribute methamphetamine and to two counts of using a firearm during and in relation to the drug-trafficking conspiracy, causing the deaths of two persons.
Finley admitted that he and several co-defendants planned to steal as much as three pounds of methamphetamine by robbing the residence of Martin “Tomas” Dominguez-Gregorio in Independence. During the robbery attempt, in the early morning hours of Nov. 16, 2012, Martin “Tomas” Dominguez-Gregorio, his girlfriend, Maria Guadalupe Hernandez-Corona, and her son, Antonio Hernandez, were killed; Miguel Hernandez, Maria Hernandez’s then-12–year-old son, was wounded.
Finley met with co-defendants Raul Soto, also known as “Choch,” 25, of Kansas City, Kan., Carlos Zambrano, Jr., also known as “Los,” 30, of Kansas City, Mo., and Antonio Cervantes, III, also known as “Taz,” 34, of Independence, to plan the robbery on Nov. 15, 2012. Finley and Soto were both in possession of firearms.
Finley and Soto entered a shed behind the house. Finley admitted that they bound and beat two occupants inside the shed. One of those occupants was Antonio Hernandez. Finley and Soto then dragged Antonio Hernandez into the main house. Finley and Soto demanded drugs and money from the occupants, but the victims denied having any drugs or money. Finley and Soto both fired their weapons inside the house. Finley was responsible for the deaths of Dominguez-Gregorio and Hernandez-Corona, who were both killed by the gunfire. Soto was responsible for the death of Antonio Hernandez, who was killed by the gunfire. Miguel Hernandez was wounded as a result of the gunfire.
Following the robbery, a motorcycle and a TV were removed from the residence and placed into the back of Phillips’ truck.
Soto was sentenced to 27 years in federal prison without parole. Cervantes was sentenced to 10 years in federal prison without parole. Zambrano was sentenced to five years in federal prison without parole.
This case was prosecuted by Assistant U.S. Attorney Patrick C. Edwards. It was investigated by the Independence, Mo., Police Department, the Bureau of Alcohol, Tobacco, Firearms and Explosives, and the Kansas City, Mo., Police Department.
Former Branson EMT Sentenced to 21 Years for Producing Child PornRead the Press Release
SPRINGFIELD, Mo. – Tammy Dickinson, United States Attorney for the Western District of Missouri, announced that a former Branson, Mo., EMT was sentenced in federal court today for producing child pornography.
Nicholas James Dickerson, 31, of Branson, Mo., was sentenced by U.S. District Judge M. Douglas Harpool to 21 years and 10 months in federal prison without parole. The court also sentenced Dickerson to supervised release for the rest of his life following incarceration.
Dickerson, who pleaded guilty on Feb. 26, 2015, was employed by the Western Taney County Fire Protection District as an EMT less than 18 months and was a volunteer firefighter for about eight months. Dickerson was residing in living quarters at a Branson fire station at the time of the offense.
According to court documents, Dickerson sold his iPhone to a Nixa, Mo., business on Feb. 9, 2015. After the transaction was complete, an employee of the business noticed that the “deleted pictures folder” was still present on the screen. The employee saw an image of child pornography and alerted the store owner, who contacted law enforcement.
Investigators identified the nine-year-old victim in the photo, which was taken on Feb. 7, 2015. Dickerson told investigators that he took the photo while sexually abusing the child victim in his living quarters at the fire station, and that he sexually abused the victim on multiple occasions. Dickerson also told investigators he had shown pornography to the child victim on multiple occasions.
This case was prosecuted by Assistant U.S. Attorney Ami Harshad Miller. It was investigated by the FBI.
Project Safe Childhood
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."
Two Men Added to Indictment for $254,000 Tax Refund SchemeRead the Press Release
KANSAS CITY, Mo. – Tammy Dickinson, United States Attorney for the Western District of Missouri, announced today that a Kansas man and a Colorado man have been indicted by a federal grand jury for their roles in a conspiracy to claim more than $254,000 in fraudulent tax refunds.
Pete Scott, 37, of Junction City, Kan., and Leroy Pruitt, 33, of Colorado Springs, Colo., were charged along with Kalena LaToya Winston, 39, of Killeen, Texas, and Shree C. Furby, 39, of Talladega, Ala., in a 21-count superseding indictment returned by a federal grand jury in Kansas City, Mo., on Thursday, March 10, 2016. The superseding indictment replaces the original indictment that was returned on Jan. 12, 2016, and adds Scott and Pruitt as defendants.
The federal indictment alleges that Winston, Furby, Scott and Pruitt participated in a conspiracy to file false claims for federal income tax refunds from January 2011 to April 12, 2012. According to the indictment, the tax refund scheme resulted in a criminal tax loss of at least $254,893.
Winston allegedly prepared fraudulent 2010 and 2011 tax returns that included false information in order to increase the taxpayers’ earned income credit. Furby allegedly assisted Winston by filing two false tax returns and allowing Winston to use her address on 11 tax returns in order to receive the refunds. Pruitt allegedly used false identity information to establish Internet service that Winston used to transmit the fraudulent returns to the IRS. Scott allegedly distributed the refund debit cards to the taxpayers after the money had already been withdrawn from the cards.
In addition to the conspiracy, Winston and Furby are charged together in two counts of making fraudulent claims to the IRS in order to receive a tax refund to which the individual was not entitled. Winston is charged in an additional 18 counts of making false claims.
All of the federal tax returns were filed at the Internal Revenue Service Center located in Kansas City, Mo.
Dickinson cautioned that the charges contained in this indictment are simply accusations, and not evidence of guilt. Evidence supporting the charges must be presented to a federal trial jury, whose duty is to determine guilt or innocence.
This case is being prosecuted by Assistant U.S. Attorney Paul S. Becker. It was investigated by IRS-Criminal Investigation.
Odessa Man Sentenced to 15 Years for Child PornRead the Press Release
KANSAS CITY, Mo. – Tammy Dickinson, United States Attorney for the Western District of Missouri, announced that an Odessa, Mo., man was sentenced in federal court today for attempting to receive child pornography over the Internet.
Anthony O. Terry, 37, of Odessa, was sentenced by U.S. District Judge Gary A. Fenner to 15 years in federal prison without parole. The court also sentenced Terry to a lifetime of supervised release following incarceration.
On Sept. 16, 2014, Terry pleaded guilty to two counts of attempting to receive child pornography over the Internet.
On multiple occasions in December 2012 and January 2013 a law enforcement officer with the Nixa, Mo., Police Department identified Terry’s computer as making child pornography movies and images available for distribution through a peer-to-peer file-sharing network. Law enforcement officers executed a search warrant at Terry’s residence and seized several computers and hard drives.
Examiners found 300 images and two videos of child pornography on Terry’s computers. Also discovered were forensic artifacts indicating that video titles indicative of child pornography were at least partially downloaded onto one of Terry’s computers. An incomplete download of a video from a file-sharing program was recovered, which depicted a prepubescent girl with her mouth duct-taped being apparently kidnapped and taken to a bedroom where an adult male pulls down her pants.
According to court documents, Terry admitted to using multiple file-sharing programs over several years to obtain child pornography. He supplemented this peer-to-peer activity by using a photosharing option in Yahoo! Messenger to also obtain images of the sexual abuse of children.
There is evidence, say court documents, that Terry admitted to sending photos of underaged girls clothed or in bikinis, pretending to be one of the girls, to other underaged girls. Terry does not dispute that he created Yahoo! profiles of females to get males to chat with him online.
Court documents refer to numerous allegations involving the sexual abuse of his children and other children that have been reported to authorities. Terry’s parental rights were previously terminated.
This case was prosecuted by Assistant U.S. Attorney Teresa A. Moore. It was investigated by the Nixa, Mo., Police Department, the Odessa, Mo., Police Department, the Benton County, Mo., Sheriff’s Department and the FBI Cyber Crimes Task Force.
Project Safe Childhood
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."
KC Group Home Operator Pleads Guilty to $400,000 Tax Evasion SchemeRead the Press Release
KANSAS CITY, Mo. – Tammy Dickinson, United States Attorney for the Western District of Missouri, announced that the operator of several group homes for mentally and physically handicapped residents in Kansas City, Mo., pleaded guilty in federal court today to a nearly $400,000 scheme to evade paying taxes.
Dedree R. Carlisle, 53, of Kansas City, Mo., waived her right to a grand jury and pleaded guilty before U.S. District Judge Dean Whipple to a federal information that charges her with attempting to evade taxes.
Carlisle has owned and operated a group home health care business at multiple locations in Kansas City, Mo., since 2005. Originally Carlisle’s business was called “Carlisle – Garden of Peace” but she changed the name in 2009 to “Mracles Residential Care.” Mracles cares for mentally and physically handicapped residents in a group home setting, leasing multiple houses in residential neighborhoods, under contracts with the Missouri Department of Social Services. Mracles has had between 12 and 20 employees at its multiple residences.By pleading guilty today, Carlisle admitted that she engaged in a scheme to defraud the IRS and the state of Missouri for the purpose of evading payment of at least $397,213 in federal and state taxes, penalties and interest, beginning in 2006.
Carlisle failed to pay over employment taxes totaling $131,649 for her residential health care facilities from 2008 to 2010. Carlisle also willfully failed to file her 2009 and 2010 individual tax returns, and evaded state employment and income taxes during that period.
Carlisle admitted that she gambled heavily, including at 7th Street Casino in Kansas City, Kan., with funds debited directly from her business accounts. Carlisle used her business accounts as her personal charge accounts. She did not report, on her tax returns, many of these personal expenses as income, including charges for thousands of dollars made on business debit cards from 2006 through 2010 at Kansas City area casinos. Carlisle spent a total of $127,165 at 7th Street Casino from 2008 to 2010. Casino records show that Carlisle had winnings of $320,200 in 2010, $145,200 in 2009 and $29,219 in 2008.
Carlisle also wrote checks to herself from her business bank account in 2010 with references in the memo line to payroll, bonus, draws or advances totaling $65,000.
Carlisle was repeatedly notified of the amounts of her substantial taxes, penalties and interest due. Carlisle was notified in June 2011 that she was the subject of a criminal investigation. Although she continued to withhold taxes from her employees’ paychecks, Carlisle continued to fail to pay over employment taxes.
Under federal statutes, Carlisle is subject to a sentence of up to five years in federal prison without parole. The maximum statutory sentence is prescribed by Congress and is provided here for informational purposes, as the sentencing of the defendant will be determined by the court based on the advisory sentencing guidelines and other statutory factors. A sentencing hearing will be scheduled after the completion of a presentence investigation by the United States Probation Office.
This case is being prosecuted by Assistant U.S. Attorney Daniel M. Nelson. It was investigated by IRS-Criminal Investigation and the Missouri Department of Revenue.
Greenwood Home Builder Indicted for Mortgage FraudRead the Press Release
KANSAS CITY, Mo. – Tammy Dickinson, United States Attorney for the Western District of Missouri, announced today that a Greenwood, Mo., home builder has been indicted by a federal grand jury for a multi-million dollar mortgage fraud scheme.
Gary Bryan Penrod, 52, of Greenwood, was charged in a 22-count indictment returned by a federal grand jury in Kansas City, Mo., on Tuesday, March 8, 2016.
The federal indictment alleges that Penrod, doing business as Penrod Homes, Inc., engaged in a scheme to defraud mortgage lenders from May 2005 to June 2007. Penrod and others allegedly recruited buyers to apply for mortgage loans to purchase dozens of homes in Greenwood and Peculiar, Mo.
According to the indictment, almost all of the loans funded as part of the scheme defaulted and the properties were foreclosed upon, causing millions of dollars in loss. During the scheme, the indictment says, approximately 61 properties built and sold by Penrod went into foreclosure. Of these, illegal kickbacks allegedly were paid on 57 of the homes sold; the amount of the kickbacks totaled approximately $1.5 million and the losses to banks and/or mortgage companies associated with the 61 foreclosures was approximately $4.5 million dollars. However, a majority of these loans were not made by FDIC-insured financial institutions.
Penrod allegedly told prospective buyers that they would receive money back that could be used for closing costs, down payments, or mortgage payments. According to the indictment, this was concealed from the mortgage lenders, who were instead told that the buyers were using their own money. With the participation and aid of real estate or mortgage brokers, the indictment says, buyers caused false sales agreements, false loan applications, false supporting documents, and false settlement and closing documents to be submitted to the mortgage lenders. In many cases, the applications falsely overstated buyers’ incomes, assets and intent to actually live in the home. Penrod allegedly also caused settlement and closing documents to be submitted that falsely represented the terms of the proposed transactions, including the true purchase prices of the properties and the concealed kickback payments that were to be made.
Shortly after the sales, the indictment says, Penrod kicked back to the home buyer monies not reported on the sales or loan documents, which he called “builder rebates” or “share of profits.” Penrod delivered the checks himself, the indictment says, or he would have others deliver them, or have the buyer pick up the check from his office. The memo lines for these checks allegedly contained notations with phrases such as “consultation fee,” “fee,” “reimb.,” “Reimb Material,” “Materials” and “closing.” No consulting services were performed nor were materials cost paid or reimbursed, according to the indictment.
In addition to the kickbacks, Penrod allegedly made payments outside of the closing of commissions for the sales of the properties and finders-fees to individuals who brought in home buyers, which were not reported to the lender.
The federal indictment charges Penrod with 16 counts of wire fraud and six counts of mail fraud.
Dickinson cautioned that the charges contained in this indictment are simply accusations, and not evidence of guilt. Evidence supporting the charges must be presented to a federal trial jury, whose duty is to determine guilt or innocence.
This case is being prosecuted by Senior Litigation Counsel Gregg R. Coonrod. It was investigated by the FBI.
Former Economic Development Employee Sentenced for Receiving Child PornRead the Press Release
SPRINGFIELD, Mo. – Tammy Dickinson, United States Attorney for the Western District of Missouri, announced that a former employee of the South Central Ozarks Council of Governments was sentenced in federal court today for receiving child pornography on his worksite computer.
Steven Gregary Reed, 37, of West Plains, Mo., was sentenced by U.S. District Judge M. Douglas Harpool to six years and six months in federal prison without parole.
Reed, who pleaded guilty on Sept. 8, 2015, was employed at the time of the offense as the coordinator of solid waste management with the South Central Ozarks Council of Governments, an economic development organization for seven counties in the south central region of Missouri (Douglas, Howell, Oregon, Ozark, Shannon, Texas, and Wright Counties), which is headquartered in Pomona, Mo.
A law enforcement officer with the Southwest Missouri Cyber Crime Task Force was investigating unlawful Internet usage and noticed that a certain computer had over 100 files of suspected child pornography. The officer continued to monitor the computer for several months and noticed the computer to be on a peer-to-peer file-sharing network on a regular basis, searching for child pornography. The computer was assigned to the South Central Ozarks Council of Governments.
On Oct. 29, 2014, law enforcement officers executed a search warrant at the office and determined that the desktop computer used by Reed was the computer identified in their investigation. Reed admitted to officers that he had watched child pornography the night before the execution of the search warrant. Reed viewed child pornography on a regular basis at work and home. Reed stated that he never downloaded child pornography at home but he did at work. He admitted to placing downloaded child pornography on a flash drive that he kept in his car. He added that he looked at child pornography on his work computer and often downloaded child pornography on his work computer.
Reed had approximately 131 movies and 126 graphic images of child pornography on his work computer.
This case was prosecuted by Assistant U.S. Attorney Abram McGull, II. It was investigated by the Southwest Missouri Cyber Crimes Task Force, the FBI, the Missouri State Highway Patrol and the Howell County, Mo., Sheriff’s Department.
Project Safe Childhood
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."
KC Man Sentenced to 21 Years for Illegal FirearmRead the Press Release
KANSAS CITY, Mo. – Tammy Dickinson, United States Attorney for the Western District of Missouri, announced that a Kansas City, Mo., man was sentenced in federal court today for illegally possessing a firearm.
Wesley Wyatt, 59, of Kansas City, was sentenced by U.S. District Judge Gary A. Fenner to 21 years and 10 months in federal prison without parole. Wyatt was sentenced as an armed career offender due to his prior felony convictions.
On Aug. 18, 2015, Wyatt was found guilty at trial of being a felon in possession of a firearm. Evidence introduced during the trial indicated that Wyatt was in possession of a Davis Industries .38-caliber two-shot derringer pistol on Sept. 18, 2013.
Kansas City police officers responded to a domestic violence call at Wyatt’s apartment on Sept. 18, 2013. The victim of the assault, Wyatt’s girlfriend, told officers that she and Wyatt were arguing when he pulled out a gun, pointed it at her, and said “If you don’t get out of my house I will kill you!” Wyatt was not in the residence when officers arrived, but returned a short time later and was arrested for domestic assault. A firearm was not located at that time.
While Wyatt was being held in the Kansas City detention unit, he called another person to go retrieve his gun from the mailbox. That person, instead, called Wyatt’s girlfriend, who then called the police to come retrieve the loaded gun.
Under federal law, it is illegal for anyone who has been convicted of a felony to be in possession of any firearm or ammunition. Wyatt has two prior felony convictions for robbery, three prior felony convictions for distributing a controlled substance and prior felony convictions for trafficking in a controlled substance and for possessing a controlled substance.
This case was prosecuted by Assistant U.S. Attorneys Justin G. Davids and Jeff Q. McCarther. It was investigated by the Kansas City, Mo., Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives.
Joplin, Carl Junction Men Plead Guilty to Meth ConspiracyRead the Press Release
SPRINGFIELD, Mo. – Tammy Dickinson, United States Attorney for the Western District of Missouri, announced today that two Joplin, Mo., men and a Carl Junction, Mo., man have pleaded guilty in federal court to their roles in a conspiracy to distribute methamphetamine in Jasper and Newton counties.
David B. Garrett, 60, of Joplin, pleaded guilty today before U.S. Magistrate Judge David P. Rush to participating in a conspiracy to distribute methamphetamine in Jasper and Newton counties from Oct. 24, 2014, to March 13, 2015.
Co-defendants Vance W. Cooley, 62, of Joplin, and Sheldon John Oliver, 60, of Carl Junction, pleaded guilty on Monday, March 7, 2016, to their roles in the drug-trafficking conspiracy. Cooley admitted that he supplied methamphetamine to Garrett and Oliver, who admitted they distributed methamphetamine to other persons in Jasper and Newton counties.
The investigation began on Oct. 24, 2014, when a Jasper County sheriff’s deputy saw two flashlights in a wooded area behind Cooley’s residence on Rabbit Run Road in Joplin. The deputy saw two people loading items into the back of a Chevrolet S10 truck. Cooley, who was one of the men, then got into the truck and started driving. When the deputy conducted a traffic stop, he arrested Cooley for driving with a revoked license. The deputy found a baggie containing 8.6 grams of methamphetamine and $1,608 in Cooley’s possession. After searching Cooley’s vehicle, deputies found a Mossberg 12-gauge sawed-off shotgun, a Mauser 7.65-caliber rifle, an EIG .22-caliber rifle, an EIG .22-caliber revolver and various rounds of ammunition in the bed of the truck.
On Dec. 10, 2014, Jasper County Drug Task Force officers met with a confidential source who provided information regarding illegal narcotics being sold from Cooley’s residence. Officers conducted surveillance on the residence and saw Oliver and Garrett leave in a Chevrolet Lumina. Deputies conducted a traffic stop and found a marijuana joint and two hypodermic needles in the vehicle; Oliver and Garrett were placed under arrest. Deputies searched Oliver and found approximately nine grams of methamphetamine in his watch pocket. Deputies searched Garrett and found approximately 32 grams of methamphetamine in his shirt pocket.
Task force officer executed a search warrant at Cooley’s residence on Dec. 10, 2014. Officers found 575 grams of methamphetamine, individually packaged in Ziploc baggies, inside a Chevrolet pick-up truck that was parked in a detached garage. They also found another Ziploc baggie containing approximately 58 grams of methamphetamine inside a leather-bound box in the truck. Approximately 633 grams of methamphetamine in total was found inside the truck.
On Jan. 13, 2015, members of the Jasper County Drug Task Force and the Joplin, Mo., Police Department executed a search warrant at Oliver’s residence. Oliver and his wife were detained in an RV located on the rear of the property. Officers found a black case on the floor of the RV that contained a bag with 2.8 grams of methamphetamine, several baggies (commonly used for distribution) and a spoon. Also discovered in the RV were two scales and syringes.
On Jan. 22, 2015, members of the Jasper County Drug Task Force executed a search warrant on a hotel room in Joplin occupied by Garrett. Garrett, who was inside the hotel room with an unidentified female, had approximately 10 grams of methamphetamine, approximately two grams of cocaine, and approximately 10 grams of marijuana on the nightstand.
Later that night, task force officers executed a search warrant at Garrett’s residence. They found a Thompson .50-caliber muzzle loader, a loaded Davis Industries .38-caliber pistol, a loaded Bridge 20-gauge sawed-off shotgun, a Stevens .410 sawed-off shotgun and various rounds of ammunition. Garrett admitted that he possessed the firearms and ammunition in connection with his involvement in the drug-trafficking conspiracy.
Cooley was arrested by Joplin police officers on March 13, 2015. At the time of his arrest, Cooley was in possession of approximately 3.6 grams of methamphetamine, two 10mg pills of Diazepam and three Acetaminophen and Oxycodone hydrochloride pills. A police detective searched Cooley’s vehicle and found a clear plastic baggie containing approximately 7.2 grams of methamphetamine underneath the driver’s seat. The police detective also found a loaded Taurus .38-caliber revolver and a loaded Thompson Auto Ordinance .45-caliber handgun inside a green bag in the trunk.
Approximately 650 grams of methamphetamine, in total, was seized from Cooley during the investigation of this case.
Under federal statutes, Garrett, Cooley and Oliver are each subject to a mandatory minimum sentence of 20 years in federal prison without parole, up to a sentence of life in federal prison without parole, due to their prior drug convictions. The maximum statutory sentence is prescribed by Congress and is provided here for informational purposes, as the sentencing of the defendant will be determined by the court based on the advisory sentencing guidelines and other statutory factors. A sentencing hearing will be scheduled after the completion of a presentence investigation by the United States Probation Office.
This case is being prosecuted by Supervisory Assistant U.S. Attorney Randall D. Eggert and Special Assistant U.S. Attorney Jody Larison. It was investigated by the Drug Enforcement Administration, the Joplin, Mo., Police Department, the Jasper County Drug Task Force, the Jasper County, Mo., Sheriff’s Department and the Newton County, Mo., Sheriff’s Department.
Blue Springs Man Sentenced for Amassing Thousands of Child Porn ImagesRead the Press Release
KANSAS CITY, Mo. – Tammy Dickinson, United States Attorney for the Western District of Missouri, announced that a Blue Springs, Mo., man was sentenced in federal court today for downloading thousands of images and videos of child pornography, which he made available to share over the Internet.
Randall R. Brooks, 58, of Blue Springs, was sentenced by U.S. District Judge Dean Whipple to five years in federal prison without parole.
On Oct. 19, 2015, Brooks pleaded guilty to distributing child pornography over the Internet.
An FBI task force officer was conducting an investigation in January 2014 into computers that had been identified as possibly sharing images of child pornography through a peer-to-peer file-sharing network. The officer downloaded multiple videos of child pornography from Brooks’s computer. Officers executed a search warrant at Brooks’s residence on March 14, 2014, and seized a desktop computer, a laptop computer and five hard drives.
Brooks admitted to investigators that he searched for and downloaded images of child pornography over the Internet. He also admitted that his computer shared those images through a peer-to-peer file-sharing network.
Examiners found approximately 1,324 photos and 387 videos that contained child pornography on Brooks’s computer. A recurring theme in many of the images and videos in his collection was the graphic depiction of the rape and sodomy of prepubescent boys and girls, some as young as toddlers, by adult men. Images found in Brooks’s collection also included adults engaging in sexual acts with physically restrained prepubescent minors as well as depictions of minors engaging in bestiality.
According to court documents, Brooks also engaged in online fantasy chats with what appeared to be minor children or adults posing as minor children.
This case was prosecuted by Assistant U.S. Attorney David Luna. It was investigated by the FBI Cyber Crimes Task Force and the Blue Springs, Mo., Police Department.
KC Man Pleads Guilty to Throwing Molotov Cocktails at Congressional OfficeRead the Press Release
KANSAS CITY, Mo. – Tammy Dickinson, United States Attorney for the Western District of Missouri, announced that a Kansas City, Mo., man pleaded guilty in federal court today to throwing Molotov cocktails at the local congressional office of U.S. Rep. Emanuel Cleaver II.
Eric G. King, 29, of Kansas City, pleaded guilty before U.S. District Judge Gary A. Fenner to the charge of using explosive materials to commit arson, contained in an Oct. 7, 2014, federal indictment.
On Sept. 11, 2014, at 2:52 a.m., a window was broken and two Molotov cocktails were thrown at Cleaver’s congressional office located at 101 W. 31st Street, Kansas City, Mo. The office was unoccupied at the time of the incident. A hammer used to break the window was recovered from the scene, as well as two broken Molotov cocktails. There was no fire damage to the building.
Video footage shows King, wearing a large backpack, walking to the congressional office. King retrieved two Molotov cocktails from his backpack, then walked around the parking lot for a few minutes in an apparent effort to hide from cars that were passing by. The video footage shows King throwing a hammer through the west window then lighting the two Molotov cocktails. The first Molotov cocktail bounced off the side of the building. King threw the second Molotov cocktail through the window then sprinted away from the office.
Detectives with the Kansas City, Mo., Police Department were investigating King in connection with a series of anti-government related incidents of vandalism in the immediate vicinity of the congressional office. The incidents occurred over the Labor Day weekend in 2014 and involved the spray painting of anti-government/anarchy graffiti. One of the incidents was at a Bank of America, from which investigators obtained video surveillance footage that showed King spray painting the bank.
Investigators reviewed social media and Facebook posts by King and noted one post from Sept. 3, 2014, that read, “KC Fight Back celebrated its first labor day with a lovely variety of action, action and more action against a series of government and Financial properties.” Other posts included King posting “KC Fight Back Insurrectionist Collective is alive,” and “these cops aren’t going to kill themselves, get to the streets.” On Aug. 10, 2014, King posted “I want to leave kc better than I found or an ashes.” A social media post by King on the day before the congressional office was attacked read, “KC Fight Back has been in serious in its Insurrection activity, and that is the thing that is giving me the most pride in my life.”
King was arrested as he was leaving his apartment on Sept. 16, 2014. When officers opened the backpack King was carrying at the time, they found a can of red spray paint, Kingsford Charcoal Lighter fluid, and a clear plastic soda bottle (containing a clear liquid) with a tube sock placed over it.
Officers searched King’s apartment and found a hand-written letter entitled “Operation House Committee.” The letter, in part, was a list that contained the following: “(1) Paint thinner/alcohol, (2) face cover/hand cover/all tattoos covered, (3) Three bottles glass, (4) paper towels, old rags/lighter, (5) drive/driver, must be someone trust with.” The letter then mentioned the steps to light the devices, then said to “use hammer/sledgehammer to break door,” “light bottles, throw them, light curtains,” and repeat these steps on “government buildings, all things police, certain law firms, corporations…” The first part of the backside of the letter read, “The arsons committed on Sept 11, 2014 were committed solely by the KC FIGHT BACK Insurrectionist Collective.”
The Molotov cocktails recovered from the congressional office were analyzed by the ATF crime lab in order to identify any DNA that might be present and a profile was developed from one of the bottles and one of the wicks. A sample of King’s DNA was obtained via a search warrant; King’s DNA matched the DNA found on both the wick and bottle.
Under federal statutes King is subject to a sentence of 10 years in federal prison without parole. A sentencing hearing will be scheduled after the completion of a presentence investigation by the United States Probation Office.
This case is being prosecuted by Assistant U.S. Attorney Patrick C. Edwards. It was investigated by the FBI and the Kansas City, Mo., Police Department, the Federal Protective Service and the Bureau of Alcohol, Tobacco, Firearms and Explosives.
Clarkson Construction Employee Sentenced for $442,000 Fraud SchemeRead the Press Release
KANSAS CITY, Mo. – Tammy Dickinson, United States Attorney for the Western District of Missouri, announced that the former director of information technology for Clarkson Construction Company was sentenced in federal court today for a $442,000 fraud scheme in which he used the firm’s credit card to purchase equipment that he re-sold for personal profit.
Rodney J. Tatum, 44, of Branson, Mo., formerly of Kansas City, Mo., was sentenced by U.S. District Judge Fernando J. Gaitan to one year and three months in prison. The court also ordered Tatum, who paid $62,412 in restitution at today’s sentencing hearing, to pay a total of $442,810 in restitution.
Tatum was employed by Clarkson Construction Company, one of the Midwest’s largest construction companies, from 1991 until a federal criminal complaint was filed on Aug. 12, 2014. He was Clarkson’s director of information technology since 2003. In this role, he oversaw all of Clarkson’s IT activities at all of Clarkson’s business entities.
On Oct. 27, 2014, Tatum pleaded guilty to mail fraud. Tatum admitted that he ordered hundreds of thousands of dollars of expensive computer and communication equipment (including hundreds of solid state hard drives, other computer equipment, and 23 iPhones) between October 2013 and September 2014. Tatum used the company’s credit card to order equipment that the company did not need and never saw. He then resold this equipment for personal profit without the company’s authorization.
Tatum hid his fraud by bulk purchasing merchandise that could be used for his department and by faking invoice reports so the company would not suspect him. Tatum spent the proceeds of his fraud scheme on such luxury items as customized motorcycles, a boat, jet skis and a large motor home. According to court documents, Tatum earned an annual salary of $120,000 while employed by Clarkson Construction. Despite his income, he used embezzled money on personal expenses and vehicles, and yet still incurred significant debt.
Once the fraud was found, the company was forced to internally audit their entire inventory to establish the amount lost. Altogether, the offense conduct resulted in a $436,243 loss for Clarkson Construction Company.
In addition, Tatum used the money to obtain custom work on a motorcycle at Stedman Motorsports in Alabama, and then falsely reported it as fraudulent activity. He made four payments to them on the custom work provided, and then took back all payments with a fabricated story. This resulted in a $6,567 loss for Stedman Motorsports.
This case was prosecuted by Assistant U.S. Attorney Daniel M. Nelson. It was investigated by the FBI.
Republic Man Sentenced to 15 Years for Producing Child PornRead the Press Release
SPRINGFIELD, Mo. – Tammy Dickinson, United States Attorney for the Western District of Missouri, announced that a Republic, Mo., man was sentenced in federal court today for producing child pornography.
Benjamin Michael Hopper, 23, of Republic, was sentenced by U.S. District Judge M. Douglas Harpool to 15 years in federal prison without parole. The court also sentenced Hopper to 10 years of supervised release following incarceration.
On Aug. 27, 2015, Hopper pleaded guilty to using a child, identified as “Jane Doe #1,” to produce child pornography between Jan. 21 and 25, 2015.
According to court documents, Hopper met the 14-year-old victim in an on-line chat room. She later snuck out of her home and was picked up by Hopper, who kept her at his home for several days, during which time he engaged in various sexual acts with the minor. These acts were recorded on Hopper’s iPad.
This case was prosecuted by Assistant U.S. Attorney James J. Kelleher. It was investigated by the FBI and the Republic, Mo., Police Department.
Project Safe Childhood
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."
Ozark, Greene County Men Sentenced for Conspiracy to Avoid Paying $585,000 in Federal TaxesRead the Press Release
SPRINGFIELD, Mo. – Tammy Dickinson, United States Attorney for the Western District of Missouri, announced that an Ozark, Mo., man and a Greene County, Mo., man were sentenced in federal court today for their roles in a conspiracy to avoid paying more than $585,000 in federal taxes.
Wesley Vernon Delport, 70, of Ozark, Mo., was sentenced by U.S. District Judge M. Douglas Harpool to three years and 10 months in federal prison without parole. The court also ordered Delport to pay a $5,000 fine and to pay $585,733 in restitution to the IRS. Co-defendant Alton Louis Vaughn, Sr., 59, of Greene County, was sentenced to three years and six months in federal prison without parole. The court also ordered Vaughn to pay $585,733 in restitution to the IRS and $3,595 restitution to one of his individual victims.
Delport and Vaughn each pleaded guilty to their roles in a conspiracy to defraud the United States by impeding the lawful government functions of the Internal Revenue Service in the ascertainment, computation, assessment, and collection of federal taxes.
Delport was the owner of Abundant Health & Wellness, a business described as a holistic health clinic, located in Springfield. Between Jan. 1, 2004, and Dec. 31, 2013, Delport received a total of approximately $4.7 million in gross receipts for Abundant Health & Wellness, which he did not report to the IRS as required by law and upon which he did not pay taxes.
Delport conspired with co-defendant Alton Louis Vaughn, Sr., 58, of Greene County, in an attempt to avoid paying taxes on approximately $4.7 million in business receipts. Vaughn, who is self-employed, derived a portion of his income from assisting in the preparation of federal income tax returns, advising taxpayers regarding their dealings with the IRS, and representing others in their dealings with the IRS. Vaughn has pleaded guilty to participating with Delport in the conspiracy.
In order to avoid paying taxes on his income, Delport purported to create an entity called The Shammah Foundation in the state of Washington on May 7, 2001. Delport described the purpose of The Shammah Foundation as “to do whatever will promote the Kingdom Of God, All Righteousness and the principles of Liberty and Justice.” Delport transferred a total of approximately $382,000 over a four-year period from Abundant Health & Wellness accounts to a bank account he controlled, held in the name The Shammah Foundation. Delport used The Shammah Foundation bank account to pay his personal expenses, without reporting those funds used for his personal expenses to the IRS as income, or paying any taxes.
Delport admitted that, on several occasions, he submitted documents to the IRS consisting of lengthy and frivolous arguments in order to impede and delay an IRS examination of his tax liability. Delport also admitted that he attempted to place his funds and assets beyond the reach of IRS collection efforts.
To impede a criminal investigation of Delport, Vaughn and Delport falsely reported to the Treasury Inspector General for Tax Administration that an IRS Revenue Officer and an IRS criminal investigator had coerced, intimidated and threatened Delport.
Delport and Vaughn also attempted to impede a federal grand jury in its investigation of Delport by refusing to comply with federal grand jury subpoenas for tax and business records, by sending correspondence to the U.S. Attorney’s Office falsely stating that an IRS Revenue Officer had personally seized and collected all of Delport’s original income documents for the years 2003 through 2009, and by Vaughn falsely testifying before the grand jury.
Delport and Vaughn admitted that they also attempted to impede a federal grand jury in its investigation by counseling an employee of Abundant Health & Wellness to refuse to testify before the grand jury, and by providing her with a written statement (which contained an inaccurate statement of the law) to read to the grand jury in lieu of complying with her legal obligation to testify.
This case was prosecuted by Assistant U.S. Attorney Steven M. Mohlhenrich. It was investigated by IRS-Criminal Investigation and the Treasury Inspector General for Tax Administration.
Ozark Man Indicted for False Tax Claims, Advertised on Craigslist for DependentsRead the Press Release
SPRINGFIELD, Mo. – Tammy Dickinson, United States Attorney for the Western District of Missouri, announced today that an Ozark, Mo., man has been indicted by a federal grand jury for filing false income tax returns after he advertised on Craigslist to purchase identity information for children that he could claim as dependents.
Raheem L. McClain, 37, of Ozark, was charged in a three-count indictment returned under seal by a federal grand jury in Springfield, Mo., on Feb. 23, 2016. That indictment was unsealed and made public upon McClain’s arrest and initial court appearance on Tuesday, March 1, 2016.
The federal indictment alleges that McClain caused an advertisement to be posted on Craigslist on Jan. 16, 2015, stating:
“WANTED: KIDS TO CLAIM ON INCOME TAXES - $750 (SPRINGFIELD,
MO)
IF YOU HAVE SOME KIDS YOU ARENT CLAIMING, I WILL PAY YOU A
$750 EACH TO CLAIM THEM ON MY INCOME TAX. IF INTERESTED,
REPLY TO THIS AD.”
On Feb. 3, 2015, McClain allegedly caused a false federal tax return to be electronically signed and filed in his name for 2014, which listed three dependents by name, Social Security number and supposed relationship (two sons and one daughter).
On Feb. 4, 2015, McClain allegedly caused two false federal tax returns to be filed through the mail in his name for 2012 and 2013. Each of the returns listed the same three dependents, the indictment says; however, on these two returns the same individuals were listed as one son and two daughters.
Dickinson cautioned that the charges contained in this indictment are simply accusations, and not evidence of guilt. Evidence supporting the charges must be presented to a federal trial jury, whose duty is to determine guilt or innocence.
This case is being prosecuted by Assistant U.S. Attorney Steven M. Mohlhenrich. It was investigated by IRS-Criminal Investigation.
Odessa Woman Pleads Guilty to $924,000 Bank FraudRead the Press Release
KANSAS CITY, Mo. – Tammy Dickinson, United States Attorney for the Western District of Missouri, announced that an Odessa, Mo., woman pleaded guilty in federal court today to a $924,000 bank fraud scheme involving her family’s used truck dealership.
Susan E. Jones, 57, of Odessa, Mo., waived her right to a grand jury and pleaded guilty before U.S. Chief Magistrate Judge Sarah W. Hays to an information that charges her with one count of bank fraud.
Jones served as the corporate secretary of Transtar Truck Sales, Inc., a used truck dealership in Bates City, Mo., that buys over-the-road trucks. Jones handled banking matters for Transtar, which was owned by her father (now deceased) and her husband.
Transtar purchased many vehicles from out-of-state dealers and then exported the trucks out of the country. Transtar financed the purchase of its trucks through a series of floor plan loans obtained from Bank of Odessa. A revolving line of credit allows a borrower to obtain financing against a specific piece of collateral, such as a vehicle.
Beginning in 2007, Jones engaged in a scheme to defraud Bank of Odessa out of $924,355 by obtaining floor plan financing on specific vehicles and later deliberately withholding the funds received from the sale of that pledged collateral. On at least 38 occasions from March 3, 2007, to May 5, 2010, Jones made false representations to Bank of Odessa concerning pledges of collateral on promissory notes and security agreements that she submitted to the bank.
When Transtar wanted to draw against the floor plan note, Jones would contact the bank with the identifying information of the vehicle(s) being used to collateralize the transaction and the amount of request based upon her valuation of the vehicle(s). Bank of Odessa required Transtar to relinquish the original vehicle titles as collateral supporting the security agreements. For years, Transtar provided the original titles, but at some point Jones told Bank of Odessa that she was unable to provide the original titles due to timing issues involved in obtaining the Missouri titles. Transtar began providing the bank with copies of the titles in lieu of the original title to facilitate the sale of the trucks. On at least 38 occasions, Jones provided Bank of Odessa with copies of vehicle titles. But unbeknownst to Bank of Odessa, and contrary to the representations made by Jones, the copies of the titles referred to vehicles that were not then owned by Transtar.
Had Bank of Odessa known that the vehicles were not owned by Transtar, the bank would not have allowed them to be used as collateral, and would not have continued to service the loan. Bank of Odessa lost a total of approximately $924,355.
An FBI analysis of Jones’ spending reveals that she was spending heavily during the time, including gambling at casinos, buying season Chiefs tickets, and spending thousands on restaurants and travel. Over a period of two and a half years, Jones and her husband conducted 82 cash withdrawals at casinos totaling $27,919; made 204 payments to restaurants and bars totaling $17,373; spent $4,693 for Chiefs season tickets in 2008 and 2009; spent $1,300 for martial arts; made $11,672 in payments to the University of Phoenix; and paid $987 to Sands of Kahana Vaction Club in Lahanna, Hawaii. By 2010, Jones and her husband had $130,000 worth of credit card debt.
Bank of Odessa had also issued loans to Transtar for its building and equipment. Bank of Odessa rolled the shortage and loan balances together to arrive at a total indebtedness of approximately $1.2 million. On Nov. 9, 2010, the $1.2 million debt was separated into two loans in the amounts of $600,000 and $610,104 and collateralized by various assets pledged by Jones, her husband and her father. The loans are considered 12-month balloon notes and are renewed annually. Jones has made approximately $307,340 in repayments on the first of the two still-outstanding loans, and no payments on the second.
Under the terms of today’s plea agreement, the government will request a sentence of one year and one day in federal prison. Jones must pay a money judgment of at least $778,943, less any payments she has made or may subsequently make to the Bank of Odessa prior to her sentencing, including $307,340 that she has already repaid.
This case is being prosecuted by Assistant U.S. Attorney Daniel M. Nelson. It was investigated by the FBI.
Hollister Sex Offender Sentenced to 20 Years for Child PornRead the Press Release
SPRINGFIELD, Mo. – Tammy Dickinson, United States Attorney for the Western District of Missouri, announced today that a convicted sex offender in Hollister, Mo., has been sentenced to federal prison for receiving child pornography.
Charles Neel Alexander, 64, of Hollister, was sentenced by U.S. District Judge M. Douglas Harpool on Tuesday, March 1, 2016, to a total of 20 years in federal prison without parole and to a lifetime of supervised release following his incarceration. The court sentenced Alexander to 15 years for receipt of child pornography and five years on a supervised release violation, to be served consecutively.
On July 29, 2015, Alexander pleaded guilty to receiving child pornography.
Alexander was under the supervision of the U.S. Probation Office as part of his sentence in the Western District of Texas for failing to register as a sex offender. Alexander had been convicted in the Western District of Texas of interstate transportation of child pornography, for which he was sentenced to 87 months in prison and required to register as a sex offender. He was subsequently convicted of failing to register as a sex offender. Alexander’s supervised release was transferred to the Western District of Missouri.
During a routine home visit, a probation officer seized a cell phone from Alexander that contained images and videos of child pornography. One of the conditions of Alexander’s term of supervised release states: “The defendant shall not possess or use a phone or any other electronic device that allows access to the Internet without the prior written permission of the probation officer.”
Law enforcement officers performed a forensic analysis of the phone and discovered at least 16 images of child pornography that included infants and children. Officers searched his residence and seized a laptop computer, a tablet and various electronic media that contained child pornography.
This case was prosecuted by Assistant U.S. Attorney Ami Harshad Miller. It was investigated by the Southwest Missouri Cyber Crimes Task Force, Immigration and Customs Enforcement's (ICE) Homeland Security Investigations (HSI) and the FBI.
Project Safe Childhood
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."
13 Defendants Sentenced for Springfield Tax Fraud SchemeRead the Press Release
SPRINGFIELD, Mo. – Tammy Dickinson, United States Attorney for the Western District of Missouri, announced today that all 13 co-defendants have been sentenced in federal court for their roles in a fraudulent tax return preparation scheme that claimed nearly $340,000 in fraudulent income tax refunds.
Cherie Christine Dupuis, 43, of Springfield, was sentenced by U.S. District Judge Brian C. Wimes on Monday, Feb. 29, 2016, to two years and nine months in federal prison without parole. The court also ordered Dupuis to pay $272,819 in restitution.
Dupuis was among 13 defendants who were sentenced yesterday and today. Dupuis pleaded guilty to leading the fraudulent tax return preparation conspiracy and her co-defendants pleaded guilty to making false and fraudulent income tax returns.
Dupuis and her co-conspirators defrauded the government by filing false claims for income tax refunds from February 2009 to March 2012. In the false and fraudulent federal income tax returns they prepared and filed, conspirators claimed refunds from the IRS totaling approximately $340,630, of which approximately $336,839 was false. Over the course of the scheme, the total actual tax loss to the IRS was $284,169.
Conspirators recruited individuals to assist in filing fraudulent returns, and obtained their identifying information, including their names and Social Security numbers. They used that information to file federal income tax returns that included fictitious employment information and reported wages that had not been earned and employment taxes that had not been withheld. Conspirators shared employer information for the purpose of creating fictitious W-2 forms. They also shared dependent information to enable them to falsely claim dependents on their returns.
Dupuis utilized tax preparation software called Taxact.com to prepare these false federal income tax returns on her own laptop computer, public library computers and on a co-conspirator’s laptop computer. She used a co-conspirator’s mailing address on some false federal income tax returns.
Dupuis admitted that she filed fraudulent federal income tax returns in her own name and for at least 19 other individuals. Dupuis would usually split the fraudulent refunds with her co-conspirators. The total amount of the false claims Dupuis personally prepared and/or filed was approximately $298,708, with approximately $256,281 being paid on these false claims and a loss to the government of approximately $213,711.
Seven additional defendants sentenced on Monday, Feb. 29, 2016, included:
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Johnny L. Cooper, 28, of Springfield, to seven months in prison and $10,100 in restitution;
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Shawna Marie Hughey, 37, of Joplin, Mo., formerly of Springfield, to six months in prison and $22,626 in restitution;
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Delbert L. Allen, 37, of Pleasant Hope, Mo., formerly of Springfield, to five months in prison and $4,541 in restitution;
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Jeannette R. Dunn, 48, of Huntsville, Ark., formerly of Springfield, to two months in prison and $10,430 in restitution;
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Lisa Lorre DeHaven, 35, of Springfield, to time served and $19,791 in restitution;
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Asia Michelle Couchman, 26, of Oak Grove, Mo., to five years of probation and $9,456 in restitution; and
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Heather Nicole Drennen, 32, of Cameron, Mo., formerly of Springfield, to five years of probation and $5,203 in restitution.
Five additional defendants sentenced today included:
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Travis L. Ashmead, 30, of Springfield, to 10 months in prison and $9,906 in restitution;
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Amanda Leigh Boyd, 34, of Springfield, to six months in prison and $29,409 in restitution;
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William J. Coonce, 29, of Otterville, Mo.; to four months in prison and $15,750 in restitution;
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Claudia Dorsey, 34, of Springfield, to five years of probation and $27,791 in restitution; and
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Jeannie Marie Rhodes, 34, of Springfield, to five years of probation and $6,881 in restitution.
This case was prosecuted by Assistant U.S. Attorney Steven M. Mohlhenrich. It was investigated by IRS-Criminal Investigation.
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Three Springfield Women Indicted for $300,000 Tax Fraud ConspiracyRead the Press Release
SPRINGFIELD, Mo. – Tammy Dickinson, United States Attorney for the Western District of Missouri, announced today that three Springfield, Mo., women have been indicted for their roles in a nearly $300,000 tax fraud conspiracy.
Nancy L. Walker, 54, Carolyn Alice Cobb, 54, and Clementine Lockett, 41, all of Springfield, were charged in a 25-count indictment returned under seal by a federal grand jury in Springfield on Feb. 23, 2016. That indictment was unsealed and made public upon the arrest and initial court appearance of Lockett on Friday, Feb. 26, 2016. Lockett remains in federal custody pending a detention hearing on Wednesday, March 2, 2016. Cobb is in state custody on an unrelated case and Walker remains a fugitive.
The federal indictment alleges that Walker, Cobb and Lockett participated in a tax fraud conspiracy from January 2010 to April 23, 2013. The conspiracy allegedly netted at least $297,173 in fraudulently-obtained tax refunds.
According to the indictment, Walker, Cobb and Lockett used the names and Social Security numbers of other persons to electronically file false and fraudulent federal income tax returns. Additionally, Walker allegedly used stolen identities to electronically file other false and fraudulent federal income tax returns. Conspirators used fictitious W-2 information, listing employers who did not employ the individual listed on the federal income tax return, and reporting wages not earned and employment taxes not withheld from the individual. Further, several of these false and fraudulent federal income tax returns included fictitious education-related expenses, which the individuals did not incur and were not entitled to deduct as credits.
Refunds received from the fraudulent returns were deposited into bank accounts controlled by Walker and Cobb, among others, or deposited onto prepaid debit cards, the indictment says.
Conspirators concealed and attempted to conceal the existence of the conspiracy by failing to accurately list the person(s) who prepared the false and fraudulent federal income tax returns, using nominee bank accounts to receive the refund deposits and providing false and misleading statements to law enforcement when questioned about their roles and actions in the conspiracy.
In addition to the conspiracy, Walker is charged with three counts of identity theft and 15 counts of making false claims. Cobb and Lockett are each charged with Walker in two false claims counts.
Walker is also charged with six counts of stealing public money. Cobb is charged with her in one of those counts.
Dickinson cautioned that the charges contained in this indictment are simply accusations, and not evidence of guilt. Evidence supporting the charges must be presented to a federal trial jury, whose duty is to determine guilt or innocence.
This case is being prosecuted by Assistant U.S. Attorney Casey Clark. It was investigated by IRS-Criminal Investigation.