Western District of Missouri
Press releases recorded for this federal judicial district.
Liberal Man Pleads Guilty to Child PornRead the Press Release
SPRINGFIELD, Mo. – Tammy Dickinson, United States Attorney for the Western District of Missouri, announced that a Liberal, Mo., man pleaded guilty in federal court today to receiving and distributing child pornography over the Internet.
Timothy Curless, 53, of Liberal, pleaded guilty before U.S. Magistrate Judge David P. Rush to receiving and distributing child pornography over the Internet between Nov. 4, 2012 and April 19, 2013.
Curless originally pleaded guilty on Sept. 18, 2013, but later withdrew his guilty plea when he learned that his prior Kansas conviction for two counts of aggravated indecent liberties with a child would increase his mandatory minimum prison sentence from five years to 15 years. Curless pleaded guilty to the same offense today.
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.
Under federal statutes, Curless 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, 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. 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."
Joplin Man Indicted for 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 indicted by a federal grand jury today for receiving child pornography over the Internet.
Tanner Miller, 22, of Joplin, was charged in an indictment returned by a federal grand jury in Springfield, Mo.
Today’s indictment alleges that Miller received child pornography over the Internet between Oct. 1, 2012, and June 11, 2015.
Dickinson cautioned that the charge contained in this indictment 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 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."
Springfield Man Sentenced to 10 Years for Child ObscenityRead the Press Release
SPRINGFIELD, Mo. – Tammy Dickinson, United States Attorney for the Western District of Missouri, announced today that a Springfield, Mo., man has been sentenced in federal court for possessing child obscenity.
Rusty Mann, 35, of Springfield, was sentenced by U.S. District Judge Brian C. Wimes on Monday, Sept. 28, 2015, to 10 years in federal prison without parole. Upon release from federal incarceration, Mann will be committed to the custody of the Missouri Department of Corrections for control, care and treatment as a sexually violent predator (under the terms of the Judgment and Order of Commitment entered in Case Number 1131-PR00937, in the Circuit Court of Greene County, Missouri, Probate Division). The court also sentenced Mann to spend the rest of his life under supervised release following incarceration.
On March 18, 2015, Mann pleaded guilty to possessing child obscenity.
On the night of Oct. 21, 2011, a Springfield police detective observed Mann approach a playground on a bicycle. The detective made contact with Mann just outside the fenced area of the playground. Mann was attired in a black mini skirt and women’s knee-high boots; he was identified as the person who had been leaving soiled diapers and clothing on the playground.
As a registered sex offender, Mann was not permitted within 1,000 feet of school property under state law. Mann was placed under arrest at that time. Mann has prior convictions for child molestation and sexual misconduct involving a child.
Mann’s bicycle, backpack and fanny pack were collected from the scene. A search of the backpack yielded a cell phone, along with other items. The investigators conducted a search of the cell phone and located several images of suspected child pornography and obscene cartoon depictions of minors, including a cartoon image of a prepubescent female being sexually assaulted.
This case was prosecuted by Assistant U.S. Attorney James J. Kelleher. It was investigated by the Springfield, Mo., Police Department.
St. Louis Man Indicted for Illegal FirearmRead the Press Release
JEFFERSON CITY, Mo. – Tammy Dickinson, United States Attorney for the Western District of Missouri, announced that a St. Louis, Mo., man was indicted by a federal grand jury today for illegally possessing a firearm.
Charles Allen Roark, 36, of St. Louis, was charged with being a felon in possession of a firearm in an indictment returned by a federal grand jury in Jefferson City, Mo.
Today’s indictment alleges that Roark was in possession of a Smith and Wesson .40-caliber pistol on July 18, 2015.
Under federal law, it is illegal for anyone who has been convicted of a felony to be in possession of any firearm or ammunition. Roark has prior federal felony convictions for being a felon in possession of a firearm and for distributing controlled substances, as well as two prior state felony convictions for possession of a controlled substance and prior state felony convictions for assault and unlawful use of a weapon.
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 Jim Lynn. It was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Jefferson City, Mo., Police Department.
Columbia Man Indicted for Drug Trafficking, Firearm Found in Bed with InfantRead the Press Release
JEFFERSON CITY, Mo. – Tammy Dickinson, United States Attorney for the Western District of Missouri, announced that a Columbia, Mo., man was indicted by a federal grand jury today for drug trafficking and illegally possessing a firearm. At the time of his arrest, law enforcement officers discovered illegal drugs and several firearms at this residence, including a firearm hidden under a pillow on a bed where an infant lay.
Ramelus D. Bradley, 34, of Columbia, Mo., was charged in a three-count indictment returned by a federal grand jury in Jefferson City, Mo. Today’s indictment replaces a federal criminal complaint that was filed against Bradley on Aug. 21, 2015.
The federal indictment charges Bradley with one count of possessing cocaine with the intent to distribute and one count of possessing crack cocaine with the intent to distribute. Both offenses allegedly occurred on Aug. 21, 2015.
Today’s indictment also alleges that Bradley was in possession of a Ruger 9mm pistol on Aug. 21, 2015.
Under federal law, it is illegal for anyone who has been convicted of a felony to be in possession of any firearm or ammunition. Bradley has two prior felony convictions for distributing a controlled substance, two prior felony convictions for trafficking drugs, two prior felony convictions for resisting arrest and a prior felony conviction for possessing a controlled substance.
According to an affidavit filed in support of the original criminal complaint, law enforcement officers conducted surveillance on Bradley and executed a search warrant at his residence on Aug. 21, 2015. After officers knocked on the front door, announced their presence with a state search warrant, and received no response, a forced entry was made into the residence. Officers immediately saw Bradley (the sole adult occupant of the residence) standing in the living room in his underwear. Officers later determined that Bradley had been within arm’s reach of three firearms at the time of their entry into the residence. Officers observed approximately 22 grams of marijuana at Bradley’s feet on the living room floor in plain sight. During a protective sweep of the residence, officers discovered two infants in an upstairs bedroom.
During their search of the residence, officers discovered and seized three firearms and ammunition from the living room, and one firearm under a pillow on the bed in the upstairs master bedroom. One of the infants was laying on this bed, and the other infant was in a baby swing in the same room. Officers also seized $12,258 from a pocket of Bradley’s shorts, and approximately 22 grams of marijuana from the living room floor.
Officers also discovered approximately 6.5 ounces of cocaine, numerous unidentified pills, and marijuana, all of which had been pre-packaged for sale, as well as a digital scale with cocaine residue, inside the center console of Bradley’s pick-up.
The indictment also contains a forfeiture allegation, which would require Bradley to forfeit to the government any property derived from the proceeds of the alleged offenses, including $12,258 that was seized by law enforcement officers.
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 Special Assistant U.S. Attorney Stuart J. Zander. It was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Boone County, Mo., Sheriff’s Department.
Colorado Man Sentenced for Illegally Trafficking in PaddlefishRead the Press Release
JEFFERSON CITY, Mo. – Tammy Dickinson, United States Attorney for the Western District of Missouri, announced that a Colorado man was sentenced in federal court today for illegally trafficking in paddlefish caviar after being caught in an undercover operation in the Warsaw, Mo., area.
In support of Missouri’s paddlefish conservation efforts, the U.S. Fish and Wildlife Service and the Missouri Department of Conservation conducted a covert investigation, “Operation Roadhouse,” centered on an area known as the Roadhouse in Warsaw. As part of the covert operation, state and federal officers operated a paddlefish snagging business. Covert officers also sold paddlefish to people who were interested in buying them.
Felix Baravik, 49, of Aurora, Colorado, was sentenced by U.S. Magistrate Judge Matt J. Whitworth to three years of probation and ordered to pay a $5,000 fine. The first three months of probation will be served as home detention, and Baravik shall not fish, or accompany anyone fishing, anywhere in the world during the term of his probation. Baravik must also perform 500 hours of community service.
On Aug. 20, 2014, Baravik pleaded guilty to a misdemeanor charge of illegally trafficking in paddlefish, in violation of the Lacey Act.
Baravik admitted that he traveled from Colorado to Missouri on April 16, 2012. On that day, he and his co-conspirators met with covert Fish and Wildlife Service agents posing as fishermen who had a boat, which they were going to use to fish for paddlefish. During that conversation, conspirators exchanged telephone numbers with the covert agents and Baravik told the covert agents to call if they caught a paddlefish. Conspirators purchased two female paddlefish from the covert agents. Conspirators also purchased three more female paddlefish from other sources and harvested paddlefish in excess of the Missouri take and possession limits. They processed the eggs from all of those paddlefish into caviar and transported them from Missouri to Colorado.
Co-defendants Arkadiy Lvovskiy, 54, of Aurora, Colo., and Dmitri Elitchev, 49, of Centennial, Colo., have pleaded guilty to participating in a conspiracy to illegally traffic in paddlefish and paddlefish eggs in violation of the Lacey Act. Co-defendant Artour Magdessian, 48, of Lone Tree, Colo., pleaded guilty to trafficking in paddlefish and paddlefish eggs in violation of the Lacey Act.
Lvovskiy and Elitchev admitted that in April 2011 they traveled to Warsaw, where they illegally purchased five female paddlefish and a container of paddlefish eggs. They processed the eggs from all of those paddlefish into caviar and transported them from Missouri to Colorado. Lvovskiy and Elitchev also admitted that they returned to Warsaw in March 2012 and purchased eight more female paddlefish. They processed the eggs into caviar and transported them from Missouri to Colorado. Lvovskiy, Elitchev, and Magdessian again traveled to Warsaw in April 2012 with Baravik.
The retail value of the paddlefish caviar at issue in this case is estimated to be between $30,000 and $50,000.
The Lacey Act
The Lacey Act is a federal statute which makes it unlawful for any person to import, export, transport, sell, receive, acquire or purchase fish that were taken, possessed, transported or sold in violation of any law or regulation of any state, or to attempt to do so. Such conduct constitutes a felony crime if the defendant knowingly engaged in conduct involving the purchase or sale, offer to purchase or sell, or intent to purchase or sell, fish with a market value in excess of $350, knowing that the fish were taken, possessed, transported or sold in violation of, or in a manner unlawful under, a law or regulation of any state.
Paddlefish Trafficking
The American paddlefish (Polydon spathula), also called the Mississippi paddlefish or the “spoonbill,” is a freshwater fish that is primarily found in the Mississippi River drainage system. Paddlefish eggs are marketed as caviar. Paddlefish were once common in waters throughout the Midwest. However, the global decline in other caviar sources, such as sturgeon, has led to an increased demand for paddlefish caviar. This increased demand has led to over-fishing of paddlefish, and consequent decline of the paddlefish population.
Missouri law prohibits the transportation of paddlefish eggs which have been removed or extracted from a paddlefish carcass. Missouri law also prohibits the sale or purchase, or offer of sale or purchase, of paddlefish eggs. There are also several restrictions on the purchase and possession of whole paddlefish in Missouri.
This case is being prosecuted by Senior Trial Attorney James B. Nelson of the Department of Justice’s Environmental Crimes Section and Assistant U.S. Attorney Lawrence E. Miller of the U.S. Attorney’s Office for the Western District of Missouri. It was investigated by the U.S. Fish and Wildlife Service and the Missouri Department of Conservation, with assistance by the Oklahoma Department of Wildlife Conservation.
Billings Man Sentenced for Child PornRead the Press Release
SPRINGFIELD, Mo. – Tammy Dickinson, United States Attorney for the Western District of Missouri, announced that a Billings, Mo., man was sentenced in federal court today for receiving and distributing child pornography over the Internet.
James Hayden McClelland, 22, of Billings, was sentenced by U.S. District Judge Brian C. Wimes to five years in federal prison without parole.
On May 19, 2014, McClelland pleaded guilty to receiving and distributing child pornography. Law enforcement officers executed a search warrant at McClelland’s residence on Aug. 16, 2012, and discovered videos and images of child pornography. McClelland admitted that he used peer-to-peer file-sharing software to download child pornography over the Internet.
This case is being prosecuted by Assistant U.S. Attorney James J. Kelleher. It was investigated by the Springfield, Mo., Police Department, the FBI 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."
Joplin Man Pleads Guilty to Distributing Child Porn over the InternetRead the Press Release
SPRINGFIELD, Mo. – Tammy Dickinson, United States Attorney for the Western District of Missouri, announced that a Joplin, Mo., man pleaded guilty in federal court today to distributing and possessing child pornography.
James Allen Crippen, 44, of Joplin, pleaded guilty before U.S. District Judge M. Douglas Harpool to the charges contained in a Nov. 5, 2014, federal indictment. Crippen admitted that he distributed child pornography over the Internet on July 20, 2014, and possessed child pornography on Oct. 22, 2014.
On Sept. 24, 2014, members of the Southwest Missouri Cyber Crime Task Force received two Cyber Tips from the National Center for Missing and Exploited Children, which reported that Crippen had uploaded two images of child pornography to his Tumblr account.
Law enforcement officers executed a search warrant at Crippen’s residence and conducted a forensic analysis on the items seized. Investigators discovered 61 child pornography graphics and a multimedia file containing child pornography on Crippen’s desktop computers. Investigators also found child pornography on Crippen’s iPhone.
Crippen must forfeit to the government two desktop computers, an iPhone, two cell phones, 42 optical media disks and other electronic media storage devices that were used to commit the offense.
Under federal statutes, Crippen is subject to a mandatory minimum sentence of five years in federal prison without parole, up to a sentence of 20 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 Abram McGull, II. It was investigated by the Southwest Missouri Cybercrimes Task Force, the FBI and the Joplin, 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."
Springfield Woman Pleads Guilty to Tax Fraud SchemeRead the Press Release
SPRINGFIELD, Mo. – Tammy Dickinson, United States Attorney for the Western District of Missouri, announced that a Springfield, Mo., woman pleaded guilty in federal court today to her role in a fraudulent tax return preparation scheme that claimed nearly $340,000 in fraudulent income tax refunds.
Claudia Dorsey, 33, of Springfield, pleaded guilty before U.S. Magistrate Judge David P. Rush to participating in a conspiracy to defraud the government with respect to claims.
Co-defendant Cherie Christine Dupuis, 43, of Springfield, pleaded guilty on July 21, 2015, to leading the fraudulent tax return preparation conspiracy. Dupuis admitted that she and 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.
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.
During the 2009, 2010 and 2011 tax years, Dorsey assisted Dupuis in the conspiracy by permitting Dupuis to use her laptop computer and to list her address on tax returns. Dorsey also filed false tax returns in her own name during those years in which she falsely listed wages that had not been earned and federal income tax withholdings that had not been withheld. As a result, Dorsey fraudulently received a total of $27,791 in fraudulent income tax refunds. Dorsey also prepared and filed a false federal income tax return for another person who claimed a false refund of $10,237 for the 2011 tax year.
Dorsey is the 11th defendant to plead guilty to her role in the scheme. In addition to Dupuis, co-defendants Amanda Leigh Boyd, 33, Johnny L. Cooper, 28, and Jeannie Marie Rhodes, 34, all of Springfield; Heather Nicole Drennen, 32, of Cameron, Mo., formerly of Springfield; Shawna Marie Hughey, 37, of Joplin, Mo., formerly of Springfield; William J. Coonce, 29, of Otterville, Mo.; Jeannette R. Dunn, 48, of Huntsville, Ark., formerly of Springfield; Asia Michelle Couchman, 26, of Oak Grove, Mo.; and Delbert L. Allen, 37, of Pleasant Hope, Mo., formerly of Springfield, have also pleaded guilty.
Under federal statutes, Dorsey is subject to a sentence of up to 10 years in federal prison without parole, plus a fine up to $250,000 and an order of restitution. 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.
Tenth Defendant Pleads Guilty to Tax Fraud SchemeRead the Press Release
SPRINGFIELD, Mo. – Tammy Dickinson, United States Attorney for the Western District of Missouri, announced today that a Springfield, Mo., woman has pleaded guilty in federal court to her role in a fraudulent tax return preparation scheme that claimed nearly $340,000 in fraudulent income tax refunds.
Amanda Leigh Boyd, 33, of Springfield, pleaded guilty before U.S. Magistrate Judge David P. Rush on Thursday, Sept. 17, 2015, to three counts of making false claims.
Co-defendant Cherie Christine Dupuis, 43, of Springfield, pleaded guilty on July 21, 2015, to leading the fraudulent tax return preparation conspiracy. Dupuis admitted that she and 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.
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.
Boyd admitted that she aided and abetted Dupuis, and was aided and abetted by Dupuis, in the filing of false federal income tax returns with the IRS for the 2009, 2010 and 2011 tax years. Boyd claimed tax refunds to which she knew she was not entitled. Boyd provided her personal information to Dupuis, which Dupuis then used to file false income tax returns that falsely listed wages that had not been earned and federal income tax withholdings that had not been withheld. As a result, Boyd fraudulently received a total of $29,409 in fraudulent income tax refunds and she paid approximately half of that amount to Dupuis.
Boyd is the 10th defendant to plead guilty to her role in the scheme. In addition to Dupuis, co-defendants Johnny L. Cooper, 28, and Jeannie Marie Rhodes, 34, both of Springfield; Heather Nicole Drennen, 32, of Cameron, Mo., formerly of Springfield; Shawna Marie Hughey, 37, of Joplin, Mo., formerly of Springfield; William J. Coonce, 29, of Otterville, Mo.; Jeannette R. Dunn, 48, of Huntsville, Ark., formerly of Springfield; Asia Michelle Couchman, 26, of Oak Grove, Mo.; and Delbert L. Allen, 37, of Pleasant Hope, Mo., formerly of Springfield, have also pleaded guilty.
Under federal statutes, Boyd is subject to a sentence of up to 15 years in federal prison without parole, plus a fine up to $750,000 and an order of restitution. 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.
Peculiar Man Indicted for Tax EvasionRead the Press Release
KANSAS CITY, Mo. – Tammy Dickinson, United States Attorney for the Western District of Missouri, announced today that a Peculiar, Mo., man has been indicted by a federal grand jury for tax evasion.
Harold R. Stanley, 61, of Peculiar, was charged in a two-count indictment returned by a federal grand jury in Kansas City, Mo., on Aug. 25, 2015.
Stanley was an independent contractor who was employed by companies as a consultant. Today’s indictment alleges that Stanley failed to file any tax returns for 2005 and 2006. For tax years 2007 through 2009, Stanley allegedly filed substantially correct returns but left the tax line entry blank and failed to submit any payment.
According to the indictment, the total tax loss for 2005 through 2009 is $264,294.
Stanley is charged with one count of tax evasion and one count of endeavoring to obstruct and impede the due administration of the internal revenue laws. According to the indictment, Stanley submitted fake money orders for payment to the Internal Revenue Service, returned documents to the Internal Revenue Service claiming that the tax assessments were satisfied because they were “Accepted for Value,” filled out payment vouchers with his name in all capital letters but didn’t submitting payment and submitted a false criminal referral to IRS – Criminal Investigation.
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.
Jefferson City Bank Officer Pleads Guilty to Stealing $410,000Read the Press Release
JEFFERSON CITY, Mo. – Tammy Dickinson, United States Attorney for the Western District of Missouri, announced that a Jefferson City, Mo., woman pleaded guilty in federal court today to embezzling $410,000 from the bank where she was employed.
Katherine Nicholle Brown, 29, of Jefferson City, pleaded guilty before U.S. Magistrate Judge Matt J. Whitworth to the misappropriation of funds by a bank officer.
Brown was previously employed as the lead teller at Hawthorn Bank in Jefferson City. By pleading guilty today, Brown admitted that she embezzled $410,000 from December 2012 to Sept. 19, 2014, by taking money from the bank vault for her personal use.
Brown admitted that she began taking money from the vault when her husband had shoulder surgery in 2012 and could not work. She took the money in small amounts, and would place it in her pockets. Brown then plugged in certain amounts in the vault book to cause the vault book total to match the vault balance in the bank’s computer accounting system. Brown also admitted that, when the bank underwent an internal audit in December 2012, she made false entries into the computer system to conceal the fact that the vault did not match the computer system.
On Sept. 19, 2014, just prior to taking maternity leave, Brown prepared and shipped five bags of cash of varying denominations to the Federal Reserve Bank. She prepared and labeled the bags, which were bar-coded and tamper proof. She reported that the total amount of cash shipped to the Federal Reserve Board was $844,000; however, when the Federal Reserve Board received and counted the money, they found it to be only $434,000.
The Federal Reserve Board reported the shortage to the bank, which conducted an audit of the vault. The audit revealed that certain entries made in the vault book reflecting cash amounts sent to Columbia, Mo., and California, Mo., bank branches were $200,000 higher than the branches had actually ordered. As a result, the vault did not contain as much cash as had been reported on the bank’s computer accounting system. Auditors concluded that Brown had to report to the Federal Reserve Board that $844,000 had been shipped so that it would balance to the bank’s accounting system.
Under federal statutes, Brown is subject to a sentence of up to 30 years in federal prison without parole, plus a fine up to $1 million. 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 Jim Lynn. It was investigated by the FBI.
Springfield Man Pleads Guilty to $1.1 Million Investment Fraud SchemeRead the Press Release
SPRINGFIELD, Mo. – Tammy Dickinson, United States Attorney for the Western District of Missouri, announced that a Springfield, Mo., man pleaded guilty in federal court today to a more than $1.1 million investment fraud scheme.
Christopher Hanson, 53, of Springfield, waived his right to a grand jury and pleaded guilty before U.S. Magistrate Judge David P. Rush to a two-count information that charges him with wire fraud and money laundering. Hanson is the owner of Hanson Holdings, LLC.
By pleading guilty today, Hanson admitted that he was responsible for losses that totaled $1,134,500 for three victims of his investment fraud scheme.
Hanson offered the three victims what he described as “an investment opportunity.” Hanson told two of the victims that he would take their investment monies and purchase a collateralized mortgage obligation (CMO). Hanson claimed that a line of credit would be obtained against the CMO and both victim investors would receive their original investment plus a substantial dividend within months. Hanson told the third victim that he would purchase bonds and securities with his $100,000 investment. Hanson claimed this investment would generate a 250 percent return and that the victim investor would receive double his original investment within 40 weeks.
According to today’s plea agreement, financial records revealed that none of the monies obtained by Hanson or Hanson Holdings from these three investors were used to purchase securities or a CMO as Hanson had promised. Agents determined that Hanson authorized the release of the investors’ monies from his Scottrade Account, ETrade Account, or StockCross Account, into his personal bank accounts. The monies were then used to either pay other investors or pay expenses that were completely unrelated.
Under federal statutes, Hanson is subject to a sentence of up to 30 years in federal prison without parole, plus a fine up to $500,000 and an order of restitution. 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 Carney. It was investigated by the FBI and IRS-Criminal Investigation.
Nixa Woman Sentenced to 20 Years for Sexual Exploitation of Two ChildrenRead the Press Release
SPRINGFIELD, Mo. – Tammy Dickinson, United States Attorney for the Western District of Missouri, announced that a Nixa, Mo., woman was sentenced in federal court today for sexually exploiting two children to produce child pornography, which she distributed over the Internet.
Meagan Nell Bowman, 26, of Nixa, was sentenced by U.S. Chief District Judge Greg Kays to 20 years in federal prison without parole. The court also sentenced Bowman to supervised release for the rest of her life following incarceration.
On Dec. 11, 2014, Bowman pleaded guilty to all four counts of a federal indictment that charge her with two counts of sexually exploiting a minor and two counts of receiving and distributing child pornography.
Bowman’s estranged husband discovered photographs in her e-mail account of her sexual abuse of a 3-year-old child and a 2-year-old child. Bowman admitted that she was communicating over the Internet with two unknown men whom she met after posting an advertisement on Craigslist. She then used her cell phone to take photos of herself sexually abusing the 3-year-old child and sent them to the two men. She also admitted that 32 images of child pornography found on her cell phone were created by herself or received from the men she was interacting with over the Internet.
This case was prosecuted by Assistant U.S. Attorney Patrick Carney. It was investigated by the FBI and the Nixa, 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."
KCMO Man Sentenced for Internet Child PornRead 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 distributing child pornography over the Internet.
Christopher Michael Donovan, 39, of Kansas City, was sentenced by U.S. District Judge Beth Phillips to six years in federal prison without parole.
On Oct. 15, 2014, Donovan pleaded guilty to distributing child pornography over the Internet.
On April 19, 2012, Donovan contacted an undercover FBI task force officer in an Internet chat room and sent images and movies of child pornography to the officer. Two of the images involved toddlers and one of the videos involved a drugged boy of approximately six years of age being molested.
Kansas City, Mo., law enforcement officers searched Donovan’s apartment and recovered a USB storage device that contained 40 movies of child pornography and 13 images of child pornography. These included videos of toddlers and other prepubescent boys. When interviewed by law enforcement officers, Donovan admitted to viewing and sharing child pornography over the Internet for several years. Donovan explained to officers that he downloaded child pornography from his computer onto the thumb drive; he no longer had his computer because it had been confiscated by drug dealers.
Donovan will be subject to federal and state sex offender registration requirements, which may apply throughout his life. Donovan must keep his registration current and notify the state sex offender registration agency of any changes to his name, place of residence, employment or student status, or other relevant information.
This case was prosecuted by Assistant U.S. Attorney David Luna. It was investigated by the Kansas City, Mo., Police Department 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."
Hollister 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 today that a Hollister, Mo., man has pleaded guilty in federal court to producing child pornography.
Michael Shane Tyson, 30, of Hollister, pleaded guilty on Thursday, Sept. 10, 2015, before U.S. District Judge M. Douglas Harpool to the charge contained in a May 13, 2015, federal indictment.
By pleading guilty, Tyson admitted that he sexually assaulted a 9-year-old child over a two-year period and created several videos of the abuse with his cell phone.
According to the plea agreement, a Hollister, Mo., police officer responded to Cox Hospital in Branson, Mo., on April 7, 2015, to a report of child molestation. The mother of the child victim told the officer that Tyson had sexually assaulted her daughter the previous week. The mother also told the officer that the abuse had been occurring over the past two years. The child victim did not report the abuse, she said, because Tyson had threatened to kill her if she told anyone.
The child victim was interviewed at the Branson West Child Advocacy Center. She reported that Tyson made videos of her with his cell phone. When she told Tyson she did not want to engage in sexual activities, the plea agreement says, he became angry and threatened her by brandishing a knife taken from a knife block in the kitchen.
Law enforcement officers executed a search warrant at Tyson’s residence and seized seven cell phones, two laptop computers and four flash drives. Investigators discovered several video recordings on one of Tyson’s cell phones in which he placed his phone in the bathroom and secretly recorded two additional child victims, of similar ages to the first victim, undressing, showering and drying off. Investigators also discovered videos and images of the sexual assault of the first child victim on Tyson’s laptop computer, along with 20 images of child pornography that had been downloaded over the Internet.
Under the terms of the plea agreement, Tyson must forfeit to the government the laptop computer and Droid Razr Maxx cell phone that were used to commit the offense. Tyson will be required under the Sex Offender Registration and Notification Act to register as a sex offender and keep the registration current in each of the jurisdictions where he resides, where he is employed and where he is a student.
Under federal statutes, Tyson 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, plus a fine up to $250,000 and an order of restitution to his victim. 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 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."
Former Independence, Missouri, Police Officer Pleads Guilty to Federal Civil Rights ChargeRead the Press Release
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 announced that former Independence, Missouri, police officer Timothy Runnels pleaded guilty today for violating the constitutional rights of a minor who was in his custody.
Documents filed in connection with the guilty plea state that Runnels, while employed as an officer of the Independence Police Department, deprived the minor of his civil rights by deliberately dropping the minor face first onto the ground while the minor was restrained and not posing a threat to Runnels or others. According to the court filings, Runnels’ actions resulted in bodily injury to the minor.
Runnels faces a statutory maximum sentence of 10 years in prison and a fine of $250,000 for his conviction for violating the minor’s civil rights.
“The department remains committed to ensuring that police officers who violate their sworn oaths by using excessive force are held accountable,” said Principal Deputy Assistant Attorney General Gupta. “I am hopeful that today’s plea brings a measure of closure for the victim.”
“The use of excessive force by law enforcement officers is a serious offense that strikes at the heart of Constitutional protections for all citizens,” said U.S. Attorney Dickinson of the Western District of Missouri. “This former police officer who violated his sworn duty to protect and serve should not reflect upon the vast majority of officers who perform their duties with integrity and professionalism.”
This case was investigated by the FBI’s Kansas City Division and is being prosecuted by Trial Attorney Shan Patel of the Civil Rights Division and First Assistant U.S. Attorney David Ketchmark of the Western District of Missouri.
Former Federal Employee Indicted for Using Stolen Money Order Receipts in Fraud SchemeRead the Press Release
KANSAS CITY, Mo. – Tammy Dickinson, United States Attorney for the Western District of Missouri, announced today that a former federal employee has been indicted by a federal grand jury for using stolen money order receipts in a fraud scheme to avoid paying his medical bills.
Byron G. Gorman, 50, of St. Joseph, Mo., was charged in a six-count indictment returned under seal by a federal grand jury in Kansas City, Mo., on Thursday, Sept. 10, 2015. That indictment was unsealed and made public today upon Gorman’s arrest and initial court appearance.
Gorman was employed as an information technology specialist for the U.S. Department of Agriculture's Office of Inspector General, assigned to the Heart of America Regional Computer Forensics Laboratory in Kansas City, Mo., an FBI-facilitated laboratory where he was being trained to become a computer forensic examiner.
The federal indictment alleges that Gorman used stolen money order receipts – taken by Gorman as he participated in a criminal investigation – as fraudulent evidence in court, both to defend himself against a lawsuit against him by his creditors and in his own lawsuit against his creditors. The indictment also alleges that Gorman stole the identities of several persons by forging their signatures on documents he created to use as evidence in court.
According to the indictment, Gorman was a defendant in a civil collection lawsuit in Buchanan County, Mo., in which a judgment had been entered against him and a garnishment of his wages had been ordered to recover monies owed on medical bills incurred at the Heartland Regional Medical Center in St. Joseph. On Sept. 28, 2012, Gorman’s creditors filed a second civil collection lawsuit against him in Buchanan County to recover monies owed on additional unpaid medical bills.
On May 22, 2012, Gorman participated in the execution of a federal search warrant at the offices of a private business in Kansas City, Kan. Gorman was there to search for computer-related evidence. He allegedly found and took five blank U.S. Postal Service money order receipts belonging to the private business for the purpose of facilitating a scheme to defraud Heartland Regional Medical Center and related entities to whom he owed medical bills for services provided at Heartland Regional Medical Center.
The federal indictment alleges that Gorman used the stolen money order receipts and other fraudulent documents created as evidence in his defense. Gorman allegedly claimed that he had submitted postal money orders to his creditors, but the payments had not posted. As evidence, he allegedly provided the five stolen money order receipts, which were filled out to make it appear that money orders had been made out to Heartland Regional Medical Center, as well as a number of forged letters displaying the names and purported signatures of postal employees.
Gorman also used the stolen money order receipts and other fraudulent documents he created as evidence in a lawsuit he caused to be filed against his creditors, according to the indictment. Gorman allegedly placed the names and forged signatures of the actual persons onto letters purporting to be from the U.S. Postal Service and the U.S. Federal Trade Commission onto two letters and two certified mail receipts as part of his wire fraud scheme.
Gorman is charged with one count of mail fraud, two counts of wire fraud and three counts of aggravated identity theft. The federal indictment also contains a forfeiture allegation, which would require Gorman to forfeit to the government any property derived from the proceeds of the alleged offenses, including $18,000.
As an examiner in training, Gorman did not perform any computer forensic examinations unless under the supervision of a fully certified Heart of America Regional Computer Forensic Laboratory (HARCFL) examiner.
Upon learning of the allegations regarding Gorman, the Heart of America Regional Computer Forensic Laboratory did a complete and thorough review of any cases which Gorman may have assisted in the examination of computer forensic evidence. No inconsistencies, errors or issues were noted with any evidence. The HARCFL is a fully accredited laboratory facility following a strict protocol for the examination of evidence and the training protocol for examiners in training.
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 John E. Cowles. It was investigated by the FBI and the U.S. Postal Inspection Service.
Independence Man Pleads Guilty to 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 pleaded guilty in federal court today to 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, pleaded guilty before U.S. District Judge Beth Phillips 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.
Under the terms of today’s plea agreement, Finley will be sentenced to 27 years in federal prison without parole.
By pleading guilty today, 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,” 24, of Kansas City, Kan., Carlos Zambrano, Jr., also known as “Los,” 29, of Kansas City, Mo., and Antonio Cervantes, III, also known as “Taz,” 34, of Independence, to plan the robbery on Nov. 15, 2012. Afterward, co-defendant Bobbi Jo Phillips, 39, of Independence, drove Finley to the victims’ residence on Pope Street in the truck she was driving. Zambrano drove Soto and Cervantes to the victims’ residence. 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 on Nov. 18, 2014, to 27 years in federal prison without parole. Zambrano and Cervantes have pleaded guilty and await sentencing.
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 Charles E. Ambrose and 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.
Columbia Man Sentenced for Bank Fraud SchemeRead the Press Release
SPRINGFIELD, Mo. – Tammy Dickinson, United States Attorney for the Western District of Missouri, announced today that a Columbia, Mo., man has been sentenced in federal court for his role in a bank fraud conspiracy that used stolen mail and fake identifications to cash nearly $160,000 in fraudulent checks in Webster County, Mo., and elsewhere.
Michael Anthony Spears, 37, of Columbia, was sentenced on Wednesday, Sept. 9, 2015, by U.S. District Judge M. Douglas Harpool to seven years in federal prison without parole. The court also ordered Spears to pay restitution of $114,127, which represents the ill-gottenproceeds the co-conspirators bilked from 14 separate banks.
On Feb. 3, 2015, Spears pleaded guilty to participating in a conspiracy to defraud more than a dozen banks from July 31, 2013, to Feb. 28, 2014, by passing counterfeited and forged checks with fake identification documents. At least 12 co-conspirators stole mail, printed counterfeit checks, passed counterfeit checks with fake identification and opened at least five fictitious businesses for the sole purpose of concealing the deposit and subsequent withdrawal of counterfeit checks.
Co-defendant Phillip Daren Shockey, 49, of Crawford, has also pleaded guilty to his role as the leader of the conspiracy. Shockey made false identification documents and produced counterfeit checks using account information from mail stolen by others in the conspiracy. Shockey used motel rooms to set up a work station consisting of computers, printers, scanners, a camera, a blue hanging sheet for ID photos, and other items to produce false identification cards and counterfeit checks.
Spears met Shockey in jail and Shockey later contacted him after they both were released from jail.
Spears was a major pawn in the bank fraud scheme. He established fake Missouri Limited Liability Companies (LLCs) in his name to facilitate the passage of fraudulent checks for himself and Shockey. He stole mail in order to provide Shockey with personal identifying information to produce fake identification documents for him and others. He opened bank accounts using fake identification documents and also used fake identification documents of banks customers and others in or order to pass and attempt to pass fraudulent checks drawn upon the banks. Spears passed and attempted to pass 24 checks that he received from Shockey for a loss of at least $159,842.
Other members of the conspiracy sold cattle and then used the financial information from the checks they received from the cattle sale in order to make additional counterfeit checks. Still other members of the conspiracy, including Spears, passed counterfeit checks.
This case is being prosecuted by Assistant U.S. Attorney Abram McGull, II. It was investigated by the U.S. Secret Service Financial Crimes Task Force, the U.S. Postal Service – Criminal Investigations, the Springfield, Mo., Police Department, the Missouri State Highway Patrol, the Tulsa, Okla., Police Department, the Jasper County, Mo., Sheriff’s Office, the Webster County, Mo., Sheriff’s Office, the Greene County, Mo., Sheriff’s Office, the Columbia, Mo., Police Department, the Blue Springs, Mo., Police Department, the Monett, Mo., Police Department, the Pierce City, Mo., Police Department, the St. Clair County, Mo., Sheriff’s Department, the Rolla, Mo., Police Department and the Catoosa, Okla., Police Department.
Springfield Man Sentenced to 17 Years in Prison for Producing Child PornRead the Press Release
SPRINGFIELD, Mo. – Tammy Dickinson, United States Attorney for the Western District of Missouri, announced today that a Springfield, Mo., man was sentenced in federal court today for producing child pornography.
David Albert, 50, of Springfield, was sentenced by U.S. District Judge Beth Phillips to 17 years and six months in federal prison without parole.
On March 11, 2015, Albert pleaded guilty to the sexual exploitation of a child.
A special agent with Immigration and Custom Enforcement’s (ICE) Homeland Security Investigations (HSI) in Portland, Maine, discovered a posting on an Internet chat service in October 2014 that offered “trading and sharing” of child pornography. The agent identified Albert, who sent him a pornographic image of an 11-year-old female, as the person responsible for posting the advertisement.
Local law enforcement officers executed a search warrant at Albert’s residence on Oct. 3, 2014. They seized a laptop computer that contained multiple images of child pornography and a cell phone, both of which have been forfeited to the government. Albert was not present in the home at the time the investigators executed the warrant, but was later located at his place of employment. He admitted that he had taken the photo of the 11-year-old victim with his cell phone.
This case was prosecuted by Assistant U.S. Attorney James J. Kelleher. It was investigated by the Southwest Missouri Cybercrimes Task Force, Immigration and Custom Enforcement’s (ICE) Homeland Security Investigations (HSI) and the Springfield, 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."
Odessa Man Sentenced for Selling Fake Indian ArtRead the Press Release
KANSAS CITY, Mo. – Tammy Dickinson, United States Attorney for the Western District of Missouri, announced that an Odessa, Mo., man who falsely claimed to be a Cherokee Indian was sentenced in federal court today for utilizing a fraudulent tribal identification card to sell his Indian artwork at fairs and on-line.
Terry Lee Whetstone, 63, of Odessa, was sentenced by U.S. Magistrate Judge Sarah W. Hays to three years of probation after also pleading guilty today to the charge of misrepresentation of Indian-produced goods and products.
Whetstone is an artist who created and sold paintings and other artwork, representing them to be Indian produced. He sold his artwork via the Internet and at art fairs and events around the country.
Under the terms of today’s plea agreement, Whetstone may not sell art during his term of probation unless he notifies buyers that he is not a member of an Indian tribe. Whetstone must take down his Web site and refrain from advertising or promoting his artwork in any fashion during the term of probation. Whetstone is prohibited from performing flute music publically during the term of probation unless he notifies the audience that he is not a member of an Indian tribe.
On May 31, 2007, the Department of Interior Indian Arts and Crafts Board received a complaint that Whetstone was using a fraudulent Cherokee Nation of Oklahoma enrollment card in conjunction with the sale of his products. The Cherokee Nation verified that Terry Lee Whetstone is not a citizen of the Cherokee Nation.
Whetstone claimed on his Web site to be a Native American and a Cherokee artist. An undercover officer purchased a print of Whetstone’s “Endless Flame” artwork from his Web site in July 2013 and also received a brochure entitled, “Cherokee Artist.”
By pleading guilty today, Whetstone admitted that he knew he was not a member of a formally recognized Indian tribe.
This case was prosecuted by Assistant U.S. Attorney Roseann A. Ketchmark. It was investigated by the U.S. Fish and Wildlife Service.
Lebanon Man Sentenced for $1.2 Million K2 Distribution at Lebanon StoreRead the Press Release
SPRINGFIELD, Mo. – Tammy Dickinson, United States Attorney for the Western District of Missouri, announced today that a Lebanon, Mo., man has been sentenced in federal court for a mail fraud scheme that involved the distribution of more than $1.2 million of synthetic marijuana, commonly referred to as K2, from a head shop in Lebanon.
Eric Scott Reynolds, 33, of Lebanon, was sentenced on Tuesday, Sept. 8, 2015, by U.S. District Judge Beth Phillips to six years in federal prison without parole.
Eric Reynolds was employed at Lucky’s Novelties in Lebanon and distributed synthetic drugs from the head shop. On Oct. 15, 2015, he pleaded guilty to his role in a mail fraud conspiracy and to participating in a money-laundering conspiracy.
His brother and co-defendant, Stephen Brian Reynolds, 36, of Camdenton, Mo., was the owner of Lucky’s Novelties. Stephen Reynolds was sentenced on June 29, 2015, to six years in federal prison without parole after pleading guilty to the mail fraud conspiracy and to money laundering. The court also ordered him to forfeit to the government $1,167,990, which was obtained from the distribution of K2, as well as real estate in Eldridge, Mo., funds in bank accounts, approximately $128,000 that was seized from his residence and a safe deposit box, a 2012 Jeep Grand Cherokee, a 2007 Ducati 1098 motorcycle, three pistols, two rifles and a shotgun.
Stephen and Eric Reynolds both admitted they participated in a conspiracy to commit mail fraud from March 1, 2011, to Dec. 11, 2012. They defrauded the Food and Drug Administration and the public by using mail deliveries in a conspiracy to distribute several products that were labeled as “incense” or “potpourri” and “not for human consumption,” when in reality these substances were synthetic marijuana intended for human consumption as a drug.
Between Sept. 15, 2011, and July 25, 2012, Stephen and Eric Reynolds deposited $1,245,761 in proceeds from the distribution of K2 into bank accounts and a safety deposit box. Based upon DEA undercover purchases, they charged approximately $1 for every 300 mg of K2. Therefore, they distributed approximately 373 kilograms of K2.
Stephen Reynolds was also part-owner of a Springfield, Mo., head shop known as Doobies, which he supplied with wholesale quantities of synthetic marijuana for distribution and from which he received 40 percent of the profits. His partners have also been sentenced in a separate but related case for their roles in the mail fraud conspiracy.
Stephen Reynolds’s sentencing also reflects the court’s finding that he was in possession of firearms in connection with the offense. When DEA agents searched his residence, they seized a Smith and Wesson .380-caliber pistol, a Ruger .380-caliber pistol, an FHN 5.7-caliber pistol, a Ruger AR-15 rifle, a Bushmaster ACR rifle, a Winchester 12-gauge shotgun, body armor and ammunition. Agents also seized cardboard boxes containing synthetic cannabinoids weighing approximately 58 kilograms. Agents also seized $7,506 from a safe in the garage. Law enforcement officers also executed a search warrant at Lucky’s Novelties and seized a handgun.
This case was prosecuted by Supervisory Assistant U.S. Attorney Michael S. Oliver. It was investigated by the Drug Enforcement Administration, IRS-Criminal Investigation, the Laclede County, Mo., Sheriff’s Department, the Lebanon, Mo., Police Department and the Lake Area Narcotics Enforcement Group (LANEG).
Arkansas Man Pleads Guilty to Armed Robberies of Bank, 11 Other Businesses in Five StatesRead the Press Release
JEFFERSON CITY, Mo. – Tammy Dickinson, United States Attorney for the Western District of Missouri, announced that a Bella Vista, Ark., man pleaded guilty in federal court today to a series of a dozen armed robberies at a Missouri bank and 11 other businesses across five states during the summer of 2013.
Timothy Patrick Hoyt, 45, of Bella Vista, pleaded guilty before U.S. Magistrate Judge Matt J. Whitworth to the charges contained in a federal indictment in the Western District of Missouri, as well as the charges contained in four separate cases in four different federal districts in Kansas, South Dakota, Nebraska and Oklahoma, all of which have been transferred to the Western District of Missouri.
By pleading guilty today, Hoyt admitted that he used what appeared to be a handgun (but which later was identified as a .177-caliber pellet or BB gun) to rob a bank in Missouri and 10 other businesses, including eight fast food restaurants, across five states between June 26 and Aug. 6, 2013.
Hoyt pleaded guilty to all four counts of the indictment filed in the Western District of Missouri. Hoyt stole $5,123 from Alliant Bank, 118 Main St., Blackwater, Mo., on June 26, 2013, with what appeared to be a handgun. Hoyt also used what appeared to be a handgun to rob the Subway restaurant at 330 N. Massey Blvd., Nixa, Mo., on July 12, 2013; the Subway restaurant at 1820 W. 32nd St., Joplin, Mo., on July 14, 2013; and the Sally Beauty Supply Store at 2007-C W. Foxwood Dr., Raymore, Mo., on Aug. 6, 2013.
Hoyt also pleaded guilty to using what appeared to be a handgun to rob the Subway restaurant at 715 N. G Street, Wellington, Kan., on July 17, 2013; the Domino’s Pizza Restaurant at 1108 S. Minnesota Ave., Sioux Falls, S. D., on July 19, 2013; the Subway restaurant at 1116 E. 10th St., Sioux Falls on July 20, 2013; the Godfather’s Pizza restaurant at 15234 W. Maple Rd., Omaha, Neb., on July 23, 2013; and the Arby’s restaurant at 6919 S. Lewis Ave., Tulsa, Okla., on July 27, 2013.
In addition to those robberies with which Hoyt has been charged, he also admitted that he used what appeared to be a handgun to rob the Papa Murphy’s Pizza restaurant at 302 W. 28th St., Sioux City, Iowa, on July 21, 2013; the Payless ShoeSource store at 7714 State Ave., Kansas City, Kan., on July 26, 2013; and the Papa Murphy’s Pizza restaurant at 3418 8th St. S.W., Altoona, Iowa, on Aug. 7, 2013.
Hoyt was arrested after robbing the Papa Murphy’s Pizza restaurant in Altoona. According to today’s plea agreement, he told law enforcement officers that he shoplifted the pellet gun from a Walmart store near Blackwater before using it to rob Alliant Bank.
Under federal statutes, Hoyt is subject to a sentence of up to 20 years in federal prison without parole, plus a fine up to $250,000 and an order of restitution for each of the robberies. 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 Lawrence E. Miller. It was investigated by FBI; the Cooper County, Mo., Sheriff’s Department; the Altoona, Iowa, Police Department; the Nixa, Mo., Police Department; the Joplin, Mo., Police Department; the Raymore, Mo., Police Department; the Wellington, Kan., Police Department; the Sioux Falls, S.D., Police Department; the Sioux City, Iowa, Police Department; the Omaha, Neb., Police Department; the Kansas City, Kan., Police Department; and the Tulsa, Okla., Police Department.
Kingsville Couple Sentenced for $664,000 Bank Fraud for Lee's Summit Construction ProjectRead the Press Release
KANSAS CITY, Mo. – Tammy Dickinson, United States Attorney for the Western District of Missouri, announced that a Kingsville, Mo., husband and wife were sentenced in federal court today for a $664,000 bank fraud scheme related to his work on a Lee’s Summit, Mo., subdivision.
Dennis R. Key, 52, and his wife, Michal Ann Key, 49, both originally of Kingsville, were sentenced by U.S. Chief District Judge Greg Kays. Dennis Key was sentenced to three years and five months in federal prison without parole. Michal Key was sentenced to 18 months in federal prison without parole. The court also ordered the Keys to pay $664,393 in restitution to their victim.
On Sept. 25, 2014, the Keys pleaded guilty to bank fraud. The Keys admitted that they engaged in a four-year-long bank fraud scheme from August 2006 to November 2009. They stole $664,393 from Dennis Key’s longtime friend by double-billing him for work building a house, and by concealing that double-billing through hidden fees, shell companies and bank accounts, and by signing false and fictitious names to checks.
Dennis Key was the owner of DM & Associates, LLC, a land surveying and engineering consulting business in the Kansas City area. Michal Key did administrative and clerical work for the business, including bookkeeping, paying bills and writing checks.
In January and February 2005, Dennis Key entered into two contracts with his friend, under which he would be paid for surveying and engineering in relation to developing part of a subdivision in Lee’s Summit, and for project management/general contracting in building a house for his friend in that subdivision.
In August 2006, Dennis Key arranged for JM Contractors to act as general contractor for the construction work and to subcontract work to be performed. He instructed JM Contractors to add an extra 15 percent to its fee, which would be paid to Dennis Key. Dennis Key also instructed JM Contractors to conceal the mark-up by hiding the fee in each line item on the bills. Through this contractor, Dennis Key received a $97,500 kickback.
Key also lied to his friend by telling him JM Contracting was a subcontractor, not a general contractor. His friend also lost the $203,361 that he paid JM Contracting for work he had already paid Dennis Key to do.
The Keys also created various shell companies with names similar to the subcontractors working on the house. When they received the real bills from the subcontractors, they prepared false inflated bills and invoices in the names of the shell companies and submitted those for payment. When they received payment, they deposited the funds into the bank accounts of their shell companies. They transferred the funds to their personal bank account, paid the actual subcontractors the amount owed and kept the difference.
This case was prosecuted by Assistant U.S. Attorney Kathleen D. Mahoney. It was investigated by the U.S. Secret Service and the Lee’s Summit, Mo., Police Department.
KC Man Sentenced for Transporting an Individual for ProstitutionRead 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 transporting an individual across states lines for prostitution.
Milton Charles Wilson, also known as “Barbwire,” 59, of Kansas City, was sentenced by U.S. District Judge Gary A. Fenner to 10 years in federal prison without parole.
On April 1, 2015, Wilson and co-defendant Kayla Pinkerton, also known as “Foxy,” 20, of Lee’s Summit, Mo., pleaded guilty to transporting an individual across state lines to engage in prostitution in Kansas in December 2013. Pinkerton was sentenced on July 27, 2015, to 16 months in prison.
Wilson admitted that he advertised the victim for prostitution on Backpage.com and paid for a hotel room at the American Inn in North Kansas City, Mo. Wilson transported Pinkerton and the victim to various locations in Missouri and Kansas, including at least two trips to Overland Park, Kan., for the purpose of prostitution.
This case was prosecuted by Assistant U.S. Attorney Patrick D. Daly. It was investigated by the Kansas City, Mo., Police Department, the FBI, U.S. Immigration and Customs Enforcement's (ICE) Homeland Security Investigations (HSI) and the Bureau of Alcohol, Tobacco, Firearms and Explosives.
Former Economic Development Employee Pleads Guilty to 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 pleaded guilty in federal court today to receiving child pornography on his worksite computer.
Steven Gregary Reed, 37, of West Plains, Mo., pleaded guilty before U.S. District Judge M. Douglas Harpool to the charge contained in a Dec. 10, 2014, federal indictment.
At the time of the offense, Reed was employed 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.
Under federal statutes, Reed is subject to a mandatory minimum sentence of five years in federal prison without parole, up to a sentence of 20 years in federal prison without parole, plus a fine up to $250,000. Reed must forfeit to the government a laptop computer, a desktop computer and two flash drives that were used to commit the offense. Reed will be required under the federal Sex Offender Registration and Notification Act (SORNA) to register as a sex offender and keep the registration current in each of the jurisdictions where he resides, is employed and is a student. 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 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."
A Second Columbia Man Pleads Guilty to Meth ConspiracyRead the Press Release
JEFFERSON CITY, Mo. – Tammy Dickinson, United States Attorney for the Western District of Missouri, announced today that two Columbia, Mo., men have pleaded guilty to their roles in a conspiracy to distribute methamphetamine after law enforcement officers seized several pounds of methamphetamine.
Ryan Roger Ellingboe, 40, of Columbia, pleaded guilty today before U.S. Magistrate Judge Matt J. Whitworth to the charge contained in a June 15, 2015, federal indictment. Co-defendant Shane Alan Callahan, 30, of Columbia, pleaded guilty to the same charge on Sept. 3, 2015.
Ellingboe and Callahan each pleaded guilty to participating in a conspiracy to distribute methamphetamine in Boone County and elsewhere from April 2015 to May 14, 2015.
A deputy with the St. Charles County, Mo., Sheriff’s Department stopped a Cadillac Escalade driven by Ellingboe for a traffic violation on May 14, 2015. Callahan was a passenger in the vehicle. The deputy smelled burnt marijuana upon approaching the vehicle and conducted a search of the vehicle. The deputy found a vacuum-sealed bag that contained approximately one pound of methamphetamine behind the glove box.
Ellingboe and Callahan told law enforcement officers they had traveled from Columbia that morning to meet a customer in St. Charles, Mo., who wanted to purchase the methamphetamine. Callahan stated that he was brokering the methamphetamine transaction between Ellingboe and another individual. According to today’s plea agreement, Ellingboe explained to Callahan that he had access to a pound of methamphetamine and asked Callahan if he knew of a customer. Callahan located a customer in St. Charles who wanted to purchase one pound of methamphetamine. When Ellingboe picked up Callahan in Columbia that morning, he was already in possession of the one pound of methamphetamine. Ellingboe and Callahan then began driving to St. Charles to complete the transaction.
Ellingboe told officers he had acquired the methamphetamine from a co-defendant who was staying at the Howard Johnson Inn in Columbia. Law enforcement officers searched the hotel room and found three bags, each containing approximately one pound of methamphetamine, for a total weight of 1.369 kilograms.
According to today’s plea agreement, Ellingboe had planned to return to the hotel room later in the day to pay his co-defendant $8,000 for the methamphetamine that he had taken to sell in St. Charles. That co-defendant also had provided an additional 1.5 pounds of methamphetamine to Ellingboe during a visit to Columbia on April 17-19, 2015, the plea agreement says.
Under federal statutes, Ellingboe and Callahan are each 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, plus a fine up to $10 million. Sentencing hearings will be scheduled after the completion of presentence investigations by the United States Probation Office.
This case is being prosecuted by Assistant U.S. Attorney Larry Miller. It was investigated by the Drug Enforcement Administration, the Columbia, Mo., Police Department, the St. Charles, Mo., Police Department and the St. Charles County, Mo., Sheriff’s Department.
Ninth Defendant Pleads Guilty to Tax Fraud SchemeRead the Press Release
SPRINGFIELD, Mo. – Tammy Dickinson, United States Attorney for the Western District of Missouri, announced that a former Springfield, Mo., woman pleaded guilty in federal court today to her role in a fraudulent tax return preparation scheme that claimed nearly $340,000 in fraudulent income tax refunds.
Heather Nicole Drennen, 32, of Cameron, Mo., formerly of Springfield, pleaded guilty before U.S. Magistrate Judge David P. Rush to making a false and fraudulent income tax return.
Co-defendant Cherie Christine Dupuis, 43, of Springfield, pleaded guilty on July 21, 2015, to leading the fraudulent tax return preparation conspiracy. Dupuis admitted that she and 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.
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.
Drennen admitted that she filed a false federal income tax return for the 2011 tax year using another person’s identity, including that person’s name and Social Security number. This 2011 federal income tax return falsely listed wages that had not been earned and federal income tax withholdings that had not been withheld. As a result, Drennen fraudulently received a $5,592 income tax refund.
Drennen is the ninth defendant to plead guilty to her role in the scheme. In addition to Dupuis, co-defendants Johnny L. Cooper, 28, and Jeannie Marie Rhodes, 34, both of Springfield, Shawna Marie Hughey, 37, of Joplin, Mo., formerly of Springfield, William J. Coonce, 29, of Otterville, Mo., Jeannette R. Dunn, 48, of Huntsville, Ark., formerly of Springfield, Asia Michelle Couchman, 26, of Oak Grove, Mo., and Delbert L. Allen, 37, of Pleasant Hope, Mo., formerly of Springfield, have also pleaded guilty.
Under federal statutes, Drennen is subject to a sentence of up to five years in federal prison without parole, plus a fine up to $250,000 and an order of restitution. 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.
Chamois Man Indicted for Manufacturing Meth, Possessing Two BombsRead the Press Release
JEFFERSON CITY, Mo. – Tammy Dickinson, United States Attorney for the Western District of Missouri, announced today that a Chamois, Mo., man has been indicted by a federal grand jury for manufacturing methamphetamine and for possessing two bombs.
Zachary Scott Reed, 22, of Chamois, was charged in a two-count indictment returned under seal by a federal grand jury in Jefferson City, Mo., on July 15, 2015. That indictment was unsealed and made public upon Reed’s arrest and initial court appearance on Tuesday, Sept. 1, 2015. Reed remains in federal custody pending a detention hearing, which has not yet been scheduled.
The federal indictment alleges that Reed manufactured methamphetamine on Sept. 7, 2014, in Osage County, Mo.
The indictment also alleges that Reed illegally possessed an incendiary device labeled “Fragmenting Grenade” and an incendiary device labeled “Concession (sic) Grenade.” According to court documents, the two explosive bombs, which contained rusty nails, were designed as improvised explosive weapons. The two bombs and a methamphetamine lab were seized by law enforcement officers during the execution of a search warrant at Reed’s residence on Sept. 7, 2014.
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 Special Assistant U.S. Attorney Stuart J. Zander. It was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Lake Area Narcotics Enforcement Group and the Osage County, Mo., Sheriff’s Department.
St. Joseph Man Pleads Guilty to His Role in Solar Company's $1.4 Million Fraud SchemeRead the Press Release
KANSAS CITY, Mo. – Tammy Dickinson, United States Attorney for the Western District of Missouri, announced an owner of a solar energy installation company in St. Joseph, Mo., pleaded guilty in federal court today to his role in a fraud scheme that totaled nearly $1.4 million in rebates through state and federal programs.
Richard Schonemann, 38, of St. Joseph, waived his right to a grand jury and pleaded guilty before U.S. Chief District Judge Greg Kays to a two-count information that charges him with one count of conspiracy related to false statements in regard to a federal rebate program, and one count of false statements related to kilowatt updates in a federal solar rebate program.
Schonemann was an owner of US Solar in St. Joseph, which sold and installed solar-powered panel systems to businesses and home owners in northwest Missouri. Between 2011 and 2013, Schonemann and US Solar participated in two solar panel rebate programs, one authorized by the state of Missouri and the second administered by the federal government. As a result of this scheme, US Solar received a total of $1,398,236 in fraudulent rebates.
Solar Photovoltaic Rebate Program ($465,360 Fraud Scheme)
According to today’s plea agreement, US Solar and a co-conspirator were involved in obtaining fraudulent rebates from KCP&L as part of the state rebate program. US Solar overstated the number of solar panels installed on approximately 27 homes or businesses from December 2011 through June 2013. As a result, US Solar was paid $465,360 more in rebates than the company was entitled to receive.
KCP&L administered the state’s Solar Photovoltaic Rebate Program, which was created in 2008 by the state of Missouri and funded by a tax on power customers. The rebate allowed for a payment of $2 per watt, not to exceed $50,000, to customers that installed solar powered panel systems on their homes or businesses. US Solar was one of the larger solar powered panel system installation companies that utilized this rebate program through KCP&L. To utilize the state rebate program, US Solar submitted applications and schematic drawings on behalf of their customers via email to KCP&L. Once the application process was completed, funds were disbursed to US Solar by checks mailed from KCP&L.
American Recovery and Reinvestment Act of 2009 ($932,876 Fraud Scheme)
During the investigation of the state rebate scheme, the FBI uncovered unexplained payments from the federal government to US Solar that led to the discovery of a second fraudulent scheme that was part of the conspiracy.
Schonemann and a co-conspirator obtained fraudulent rebates authorized by the American Recovery and Reinvestment Act of 2009. Under the federal program, the government reimbursed 30 percent of the cost of the installation of a solar-powered panel system leased to the property owner. US Solar received federal funds under this program from August 2011 to September 2013, because US Solar certified they installed systems and leased those systems to the property owners. The certification was false because the systems were owned by customers rather than leased. US Solar submitted forged lease contracts in order to receive the federal rebates.
US Solar received 34 payments from the federal government, totaling $932,876. US Solar was not eligible to receive any of the $932,876 paid under the federal program.
False Statements
Additionally, each year after installation, US Solar was required to certify that the installed systems were still running and report the systems’ output. Schonemann and a co-conspirator provided updates showing kilowatt usage on each of those properties to the federal government in 2012 and 2013. In some instances, Schonemann simply made up the numbers.
A co-conspirator created false paperwork and computer entries using US Solar customer information. The conspiracy involved the use of false paperwork and computer entries, including lease agreements, certification that US Solar retained ownership of the solar-powered panel systems, detailed cost breakdowns on each system and usage reports. Schonemann and a co-conspirator were involved in preparation of the false usage reports.
One of the fraudulent federal payments related to Schonemann’s place of employment, Prolific Technologies, Inc. Fraudulent paperwork was submitted requesting payment for 36 extra panels not installed or leased, resulting in a rebate overpayment of $20,028.
Penalties
Under the terms of today’s plea agreement, Schonemann must forfeit to the government $350,000 that he received from the fraud scheme.
During the course of the conspiracy, Schonemann received payments from US Solar that were described as profit distributions. A significant source for those profit distributions were funds received by US Solar from the federal program. A portion of those funds were used towards the construction of a new house Schonemann built, which is currently listed for sale at an asking price of over $400,000.
Schonemann’s residential property is currently named in a civil judicial forfeiture action. Schonemann will be allowed to market this property and, if the property is sold, the first $350,000 in net equity will be used to pay restitution for the federal program fraud. If there is not a signed real estate contract on the property by Oct. 1, 2015, the civil forfeiture action shall proceed and the property will be forfeited to the government to be sold by the U.S. Marshal’s Service.
Under the terms of today’s plea agreement, the government’s sentencing recommendation to the court will not exceed 15 months in federal prison. 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 FBI.
Republic Man Sentenced for Stealing Guns from Pawn ShopRead 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 stealing 23 firearms during a burglary at an Ozark, Mo., pawn shop.
Michael Cameron Heston, 26, of Republic, was sentenced by U.S. District Judge M. Douglas Harpool to five years and six months in federal prison without parole. The court also ordered Heston to pay $5,900 in restitution for damages related to the theft of firearms and the breaking and entering of the business.
On March 31, 2015, Heston pleaded guilty to aiding and abetting in the theft of firearms from a licensed firearm dealer. Co-defendants Daryl Bradley Maples, 28, Corey Lee Downard, 33, and Matthew James Oakley, 24, all of Springfield, have pleaded guilty to the same charge. Maples was sentenced on April 16, 2015, to six years in federal prison without parole and ordered to pay $5,900 in restitution (for which he is jointly and severally liable with Heston).
Heston, Maples, Downard and Oakley each admitted that they broke into Sutton Gun and Pawn, 3994 N. 20th St., Ozark, at 2:16 a.m. on Dec. 21, 2012. Maples (who was previously employed at the store) admitted that he smashed out the glass from the front door. Then Heston, Maples and Downard went inside and took firearms from the display cases. Oakley admitted that he was the getaway driver during the robbery.
They stole 23 firearms and various amounts of ammunition. After the burglary, Oakley sped off with Maples, Heston and Downard to Maples’ residence, where they divided the spoils of the burglary and set up plans to exchange or barter the stolen firearms for cash or drugs.
When Maples was arrested on Dec. 26, 2012, he had in his possession two of the firearms that were stolen in the pawn shop burglary, an F.N. 9mm pistol and a Colt .38-caliber revolver, as well as assorted ammunition.
This case is being prosecuted by Assistant U.S. Attorney Abram McGull II. It was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Ozark, Mo., Police Department and the Springfield, Mo., Police Department.
Woman, Man Charged in Bank RobberiesRead the Press Release
KANSAS CITY, Mo. – Tammy Dickinson, United States Attorney for the Western District of Missouri, announced today that a homeless woman and the man who served as her getaway driver have been charged in federal court with robbing two Kansas City metro area banks and a Webb City, Mo., bank this summer.
Sheryl A. Stewart, 31, and Richard Zane Holliday, neither of whom have a known address, have been charged in separate criminal complaints. Holliday was charged today in a three-count criminal complaint filed in the U.S. District Court in Kansas City, Mo. Stewart was charged in a two-count criminal complaint on Aug. 26, 2015. Stewart and Holliday remain in federal custody pending their detention hearings.
The criminal complaints allege that Stewart and Holliday stole $2,212 from Equity Bank, 6209 N.W. 63rd Terr., Kansas City, Mo., on June 24, 2015. According to affidavits submitted in support of the federal criminal complaints, Stewart allegedly walked up to a teller and handed her a handwritten note that read, “This is the robbery. Give me all the money. I am armed.” The teller gave her money from her drawer, the affidavit says, and Stewart left the bank.
The criminal complaints also allege that Stewart and Holliday stole $1,190 from Blue Ridge Bank and Trust, 621 N.W. Duncan Rd., Blue Springs, Mo., on July 8, 2015. According to affidavits, Stewart held up a piece of paper so a teller could read a note that said, in part, “keep smiling,” instructed the teller not to pull any alarms, and mentioned that Stewart was armed. The teller handed Stewart cash from her drawer, the affidavits say, and Stewart left the bank.
Holliday is also charged with stealing $5,090 from Pinnacle Bank, 1010 S. Madison in Webb City, Mo., on July 14, 2015. According to the affidavit, a woman used a note to rob the bank. When the bank teller handed her the money, the robber walked quickly out the front door of the bank and got into a silver/gray-colored four-door Cadillac sedan (no license plate) with tinted windows parked north of the bank and backed up to the front sidewalk curb. The Cadillac, allegedly driven by Holliday, pulled away and went northbound out of sight.
Based upon witness account and surveillance photos, the affidavits say, Holliday’s silver 2007 Cadillac was believed to have been involved in all three bank robberies.
Multiple crime stopper tips were received by law enforcement, which identified Stewart as the bank robber.
On Aug. 30, 2015, Stewart and Holliday were arrested in Cass County, Mo., after a tip was called in to the Cass County Sheriff’s Department regarding a sighting of Stewart and Holliday. Stewart and Holliday had entered a residence of an associate where deputies were alerted to their location. Holliday resisted arrest on outstanding warrants out of Oklahoma, and struck one of the deputies in the face. As a result of that injury, the deputy received multiple stitches. Holliday was confronted by another deputy and taken into custody.
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 Christina Y. Tabor. It was investigated by the Kansas City, Mo., Police Department and the FBI.
Linn Woman Pleads Guilty to Illegal Firearm, MethRead the Press Release
JEFFERSON CITY, Mo. – Tammy Dickinson, United States Attorney for the Western District of Missouri, announced that a Linn, Mo., woman pleaded guilty in federal court today to illegally possessing methamphetamine and a firearm.
Sangria Dawn Mueller, 39, of Linn, pleaded guilty before U.S. Magistrate Judge Matt J. Whitworth to both counts of a June 25, 2015, federal indictment.
By pleading guilty today, Mueller admitted that she was in possession of methamphetamine with the intent to distribute on Feb. 20, 2014, in Osage County, Mo.
Mueller also admitted that she was in possession of a Smith & Wesson 9mm semi-automatic handgun on Feb. 20, 2014. Under federal law, it is illegal for anyone who has been convicted of a felony to be in possession of any firearm or ammunition. Mueller has three prior felony convictions for possession of a controlled substance and a prior felony conviction for driving while revoked.
Law enforcement officers executed a search warrant at Mueller’s residence on Feb. 20, 2014. Officers found an ammunition box in the garage that contained three bags of methamphetamine totaling 165 grams and the firearm in the top drawer of a bedroom dresser.
Under federal statutes, Mueller is subject to a sentence of up to 30 years in federal prison without parole, plus a fine up to $1,250,000. 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 Special Assistant U.S. Attorney Stuart J. Zander. It was investigated by the Drug Enforcement Administration, the Osage County, Mo., Sheriff’s Department, the Missouri State Highway Patrol, and the Lake Area Narcotics Enforcement Group (LANEG).
KC Man Pleads Guilty to Armed Robbery ConspiracyRead 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 his role in a conspiracy to commit several armed robberies at restaurants in the metropolitan area.
Jeremy Hunter, also known as “Heat,” 25, of Kansas City, pleaded guilty before U.S. District Judge Beth Phillips to the charges contained in an April 15, 2015, federal indictment.
By pleading guilty today, Hunter admitted that he participated in a conspiracy to rob several fast food restaurants in the Kansas City area in the fall of 2014. Hunter admitted that he participated in one of the robberies, and loaned his assault rifle to co-conspirators to use in several other robberies.
Hunter stole $6,800 from a Chipotle in Blue Springs, Mo., on Nov. 16, 2014, after being given access to the back door by a co-conspirator who was employed by the restaurant. Armed with his assault rifle, Hunter forced the restaurant employees to the ground as he kicked the door into the manager’s office. Once in the manager’s office, Hunter ordered the supervisor to open the safe and put all the money into a green duffle bag. Hunter was wearing a grey hooded sweatshirt, black ski masks and blue latex surgical gloves to mask his identity.
Hunter’s three co-conspirators, who worked at the Blue Springs Chipotle restaurant, also robbed a Chipotle restaurant in Lee’s Summit, Mo., on Nov. 3, 2014, taking $1,600; a Burger King restaurant in Independence, Mo., on Nov. 10, 2014, taking $914; and a Burger King restaurant in Independence on Nov. 30, 2014, taking $565. Hunter loaned them his assault rifle to use in some of the robberies, in exchange for part of the proceeds.
Under federal statutes, Hunter is subject to a mandatory minimum sentence of seven years in federal prison without parole for the charge of using a firearm in a crime of violence, to run consecutively to a sentence of up to 20 years in federal prison without parole for the charge of conspiracy to obstruct commerce by robbery, plus a fine up to $500,000. 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. Attorney Charles E. Ambrose, Jr. It was investigated by the Kansas City, Mo., Police Department, the Lee’s Summit, Mo., Police Department, the Blue Springs, Mo., Police Department and the FBI.
Jury Convicts Two Ozark Men, California Man of Meth ConspiracyRead the Press Release
SPRINGFIELD, Mo. – Tammy Dickinson, United States Attorney for the Western District of Missouri, announced today that two Ozark, Mo., men and a Los Angeles, Calif., man have been convicted in federal court of their roles in a conspiracy to distribute large amounts of methamphetamine in southwest Missouri.
Philip Delgrosso, 63, and Jeffrey A. Cain, 40, both of Ozark, and Cesar Ramon Avila-Hernandez, 28, of Los Angeles, were found guilty on Friday, Aug. 28, 2015, of participating in a conspiracy to distribute methamphetamine in Greene County, Christian County and Webster County from Sept. 4, 2012, to June 5, 2013.
In addition to the conspiracy, Delgrosso and Cain were found guilty of participating in a money-laundering conspiracy related to their sales of multiple vehicles to co-conspirators, who purchased the vehicles from them at Missouri Auto Group Motors, LLC with drug-trafficking proceeds. Delgrosso and Cain also were found guilty of one count of engaging in money laundering together, and each found guilty of an additional separate count of money laundering. Delgrosso was also convicted of one count of failing to file a federal currency transaction report after receiving more than $10,000 in a transaction. Avila-Hernandez was also found guilty of possessing methamphetamine with the intent to distribute.
Evidence submitted during the trial indicated that the conspiracy was receiving multi-pound quantities of methamphetamine from sources in Arizona and California for distribution in southwest Missouri. Conspirators used the proceeds of the drug-trafficking conspiracy to purchase numerous vehicles from Delgrosso and Cain at Missouri Auto Group.
For example, on April 7, 2013, co-defendant Jerry Dean Wright, Jr., 39, of Ozark, brought approximately $47,848 in cash to Missouri Auto and gave it to Delgrosso for the purchase of a 2010 Dodge Challenger and a 2010 Chevrolet Camaro. The money used to purchase the Challenger and the Camaro was derived from Wrights’ distribution of methamphetamine. Other vehicles purchased at Missouri Auto Group from the proceeds of the drug-trafficking conspiracy included a 1998 Jaguar, two 2003 Harley Davidson motorcycles, a 2004 Chevrolet SSR, a 2005 Pontiac GTO, a 2006 Chrysler 300C, a 2007 Chevrolet Avalanche, a 2008 Chevrolet Avalanche, two 2010 Chevrolet Camaros, a 2010 Dodge Challenger and a 2012 Chevrolet Camaro.
In October 2012, several co-defendants drove to Arizona, where they picked up 25 pounds of methamphetamine then returned to Springfield and delivered the methamphetamine to Wright. Wright also arranged for at least three other multi-pound shipments of methamphetamine to be sent to Missouri in a VW Beetle that was equipped with a hidden compartment. On April 11, 2013, the Texas Department of Public Safety stopped a BMW X5 in Amarillo, Texas. The vehicle, which was connected to Wright, was carrying approximately nine pounds of methamphetamine in a hidden compartment.
On June 5, 2013, law enforcement officers saw Avila-Hernandez get into a Mercedes that they had learned had just been used to deliver a large quantity of methamphetamine to Springfield. A co-defendant had driven the vehicle from California to Springfield, and Avila-Hernandez flew from California to meet several co-defendants in Springfield and deliver the methamphetamine to Wright for distribution in southwest Missouri.
Avila-Hernandez met several other people in a hotel parking lot, and with Avila-Hernandez driving the Mercedes and the other persons in two other vehicles, they left Springfield eastbound on U.S. Highway 60. They were stopped by law enforcement officers between the cities of Rogersville and Seymour. Officers searched the Mercedes and found approximately 10 pounds of methamphetamine.
On the same day, law enforcement officers executed a search warrant at Missouri Auto Group. Cain told federal agents that he met Wright a few months earlier, when Wright bought a blue Volkswagen from the Missouri Auto Group. Wright began working for the Missouri Auto Group soon thereafter. Cain also told federal agents that Delgrosso was the de facto owner of the Missouri Auto Group, but had a criminal history that prevented him from being the actual owner. Cain said Wright had purchased several vehicles through the Missouri Auto Group; Wright had personally paid Cain in cash to help him purchase vehicles.
Wright was sentenced on Nov. 18, 2014, to 20 years in federal prison without parole after pleading guilty to his role in the drug-trafficking conspiracy and to money laundering. Wright is among 12 co-defendants who have pleaded guilty in this case.
Following the presentation of evidence, the jury in the U.S. District Court in Springfield, Mo., deliberated for about three and a half hours before returning the guilty verdict to U.S. District Judge Beth Phillips, ending a trial that began Monday, Aug. 24, 2015.
Under federal statutes, Delgrosso, Cain and Avila-Hernandez are each subject to a mandatory minimum sentence of 10 years in federal prison without parole. Avila-Hernandez must also forfeit to the government a Cadillac Escalade and $5,700 that was seized by law enforcement officers. Sentencing hearings will be scheduled after the completion of presentence investigations by the United States Probation Office.
This case is being prosecuted by Assistant U.S. Attorneys Timothy A. Garrison and Randall D. Eggert. It was investigated by the Springfield, Mo., Police Department, the U.S. Drug Enforcement Administration, IRS-Criminal Investigation, the Missouri State Highway Patrol, the Webster County, Mo., Sheriff’s Department and the Ozark, Mo., Police Department.
Columbia Man, Woman Plead Guilty to Heroin Trafficking ConspiracyRead the Press Release
JEFFERSON CITY, Mo. – Tammy Dickinson, United States Attorney for the Western District of Missouri, announced that a Columbia, Mo., man and woman pleaded guilty in federal court today to their roles in a conspiracy to distribute heroin.
Alec Matthew Ell, 20, Angelica Melanie Polston, 20, both of Columbia, pleaded guilty before U.S. Magistrate Judge Matt J. Withworth to the charge contained in an
April 2, 2015, federal indictment.By pleading guilty today, Ell admitted that he participated in a conspiracy to distribute 100 grams or more of heroin in Boone County, Mo., from July to October 2014.
Ell admitted that he sold a half-gram of heroin, packaged in four separate baggies, for $100 to an undercover police officer and a confidential informant on three separate occasions in July 2014. He also admitted that sold a quarter-gram of heroin, packaged in two separate baggies, for $50 to an undercover Jefferson City police detective in July 2014. Those transactions occurred in various parking lots in Columbia.
On another occasion in July 2014, Polston accompanied Ell, her boyfriend, and participated in the sale of a half-gram of heroin, packaged in four separate baggies, to the undercover Jefferson City police officer for $100. The transaction occurred near Hickman High School in Columbia.
On Oct. 18, 2014, a Columbia police detective and an officer were on patrol on 8th Street and spotted Ell and Polston. When the detective approached Ell and informed him that he had an active warrant for his arrest, Ell fled on foot into a nearby neighborhood. The officer caught up to him as he tried to jump a fence, and was able to force him off the fence and onto the ground, where he was arrested. During a search, the officer found a baggie of heroin in Ell’s front pants pocket. The heroin was packaged in to 16 separate baggies or “tenths.”
Under federal statutes, Ell and Polston are each subject to a mandatory minimum sentence of five years in federal prison without parole, up to a sentence of 40 years in federal prison without parole, plus a fine up to $5 million. Sentencing hearings will be scheduled after the completion of presentence investigations by the United States Probation Office.
This case is being prosecuted by Special Assistant U.S. Attorney Stuart J. Zander. It was investigated by the Drug Enforcement Administration, the Columbia, Mo., Police Department, the Jefferson City, Mo., Police Department and MUSTANG (the Mid-Missouri Unified Strike Team and Narcotics Group).
Columbia Man Pleads Guilty to Six Bank Robberies, Used Bicycle as Getaway VehicleRead the Press Release
JEFFERSON CITY, Mo. – Tammy Dickinson, United States Attorney for the Western District of Missouri, announced that a Columbia, Mo., man pleaded guilty in federal court today to robbing six Columbia banks, using a bicycle as his getaway vehicle.
Shaun Christopher Becker, 43, of Columbia, pleaded guilty before U.S. Magistrate Judge Matt J. Whitworth to the charges contained in a June 15, 2015 federal indictment.
By pleading guilty today, Becker admitted that he robbed six Columbia banks between Nov. 20, 2014, and Jan. 3, 2015, using a bicycle for transportation and as a getaway vehicle.
On Nov. 20, 2014, Becker stole $3,890 from Missouri Bank II, 2500 Rangeline St. in Columbia. Becker slid a demand note across a teller counter that said, “Put all the bills in the bag, except for $1’s, be quiet, keep smiling, and nobody needs to get hurt. Thank you.” The teller complied and took the note with her to the drive through teller window, where she activated the alarm. She then closed the bag and returned it to Becker, but retained the demand note. Becker fled the bank on a dark-colored bicycle, possibly a mountain bike, and eluded capture.
On Nov. 28, 2014, Becker stole approximately $6,000 from First State Community Bank, 3200 Golden Bear Drive in Columbia. When Becker walked to the teller counter, the teller requested he remove his sunglasses. Becker ignored the teller and pulled a black bank bag from underneath his sweatshirt and laid it on the counter. He retrieved a demand note from within the bag and gave it to the teller. The note essentially stated, “Put all your large bills in the bag, keep smiling and no one will get hurt.” The teller complied and then returned both the bag and note to Becker, who calmly walked out of the bank and fled on a bicycle.
On Dec. 9, 2014, Becker stole $1,810 from UMB Bank, 1516 Chapel Hill Road in Columbia. Becker arrived at the bank riding a blue mountain bike; he entered the bank and walked to the teller counter. Upon reaching the counter, Becker, who was noticeably out of breath, slid a black bank bag and demand note across the counter toward the teller. The note was poorly written in pencil using lower case letters on the torn corner of a white piece of paper. The teller was only able to read the words “big bills” before Becker pulled the note back to himself. The teller concluded she was being robbed and gave Becker her stack of $100 bills. The teller did not include the $50 bills because she assumed they were too small, but relinquished them after Becker gave her a frustrated look. Becker collected the money from the counter, placed it into the black bag, calmly walked out of the bank, then got onto his bicycle and rode away. During the ensuing investigation, a police K-9 officer located the bicycle and a black shoulder bag which contained Becker’s clothing. The items were concealed in a wooded area behind a business located approximately a half-mile from the bank near the MKT Trail. Becker eluded capture.
On Dec. 15, 2014, Becker stole $600 from Boone County National Bank, 1916 Paris Road in Columbia. Becker arrived at the bank riding a bicycle. He laid his bike in the grass at the end of the walkway and walked into the bank. Becker immediately approached the teller counter, retrieving a black bank bag from underneath his sweatshirt as he approached. Once at the teller counter, Becker removed a demand note from the bank bag and presented it to the teller. She complied and gave the defendant $600 cash. Becker, who kept the demand note, then walked out of the bank, stuffing the bag into his pants as he departed. Once outside, he retrieved his bicycle and rode away.
On Dec. 22, 2014, Becker stole $2,000 from Regions Bank, 2114 Paris Road in Columbia. Becker arrived at the bank riding a bicycle, which he parked outside the bank. Becker walked into the bank and immediately approached the teller counter, which was protected by a bandit barrier. Becker produced a bag and a demand note and slid them under the barrier to the teller. The note read, “Put the 100’s, 50’s, and 20’s from the top drawer in the bag.” The teller complied. Becker asked for his note back, then walked out of the bank, stuffing the bag into his pants as he departed. Once outside, Becker retrieved his bicycle and rode away. Fresh bicycle tracks were located on a nearby bicycle trail, but Becker eluded capture. Surveillance from a neighboring business revealed that Becker had cased the area on his bicycle prior to the robbery.
On Jan. 3, 2015, Becker stole $1,394 from Boone County National Bank, 205 S. Keene St. in Columbia. Becker immediately approached the teller counter, where he retrieved a black folder from inside his open shirt. The teller recognized Becker as the serial bank robber operating in Columbia, and immediately activated her silent panic alarm. Becker placed the folder on the teller counter where he untied and opened the folder, then laid a demand note on the teller counter. The note essentially read, “Put 50’s and 100’s in the bag, no funny business, and no dye packs or bait money, keep smiling.” The teller complied; as she stepped away to fill the folder, Becker crumpled and ate the demand note. After obtaining the money, Becker left the bank, stuffed the folder into his shirt and fled east, out of view of bank staff. Investigation revealed that Becker escaped the area on a bicycle and fled east along a paved bicycle path near the bank. Approximately three-tenths of a mile from the bank, Becker ditched his bicycle and shed his outer layer of clothing. Becker stashed the clothing, with the folder, alongside a wooded creek that intersected the bicycle path. With the money stuffed into his boots, Becker started walking to a vehicle he had staged nearby.
Responding police officers, who had seen surveillance images from five prior bank robberies committed by Becker, recognized him walking along the shoulder of the road and detained him. A jogger who was on the bicycle path was brought to the scene, and identified Becker as a suspicious person seen walking out of the woods in the vicinity of the bicycle. A police K-9 discovered clothing nearby. Becker was detained for interview by officers and transported to the Columbia Police Department for questioning. At the station, officers recovered $1,394 from Becker that had been stolen from the bank. Becker confessed to the robbery to an FBI special agent, as well as to the other five robberies. He admitted committing the bank robberies to support a costly heroin addiction.
Under federal statutes, Becker is subject to a sentence of up to 20 years in federal prison without parole, plus a fine up to $250,000 and an order of restitution for each of the six counts. 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 Lawrence E. Miller. It was investigated by the FBI, the Columbia, Mo., Police Department and the Boone County, Mo., Sheriff’s Department.
Jury Convicts KC Man of Drug Trafficking, Money Laundering ConspiraciesRead 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 convicted in federal court today of his role in conspiracies to distribute methamphetamine in Jackson County, Mo., and to engage in money laundering.
Travis Ybarra, also known as “HoodNutt,” 27, of Kansas City, was found guilty of participating in a conspiracy to distribute methamphetamine from Jan. 1, 2009, to Dec. 11, 2012. Ybarra was also found guilty of participating in a money-laundering conspiracy that involved proceeds of drug trafficking.
In July 2011, the Jackson County Drug Task Force began an investigation into a drug-trafficking organization distributing methamphetamine in the Kansas City, Mo., area. Ybarra and co-defendant John Martinez, also known as “Whisper,” 33, of Kansas City, Mo., were partners who supplied methamphetamine to mid-level distributers, who then sold the methamphetamine to others.
Martinez was sentenced on Feb. 10, 2015, to 12 years and six months in federal prison without parole, after pleading guilty to the same charges.
Ybarra directly supplied methamphetamine to co-defendant Ronald Wayne Ivy, also known as “Wayno” or “Big Homie,” 42, of Grandview, Mo., and others. Officers made undercover drug purchases from some mid-level distributors, who had obtained their methamphetamine from Ivy. When law enforcement officers executed a search warrant at Ivy’s residence on Aug. 20, 2012, they seized more than $30,000 (the proceeds of drug sales), multiple firearms and more than 500 grams of methamphetamine that Ivy had obtained from Ybarra.
Ivy was sentenced on Feb. 3, 2014, to 25 years in federal prison without parole after pleading guilty to his role in the drug-trafficking and money-laundering conspiracies. The court also ordered Ivy to forfeit to the government $211,200, which represents the proceeds of the drug-trafficking conspiracy for which he was responsible (based on a conservative street price of $1,200 an ounce and distribution of at least 15 kilograms of methamphetamine through the overall conspiracy).
Evidence introduced during the trial indicated that Ybarra sold co-defendant Damon Ray Schultz, also known as Richard Boone, 33, of Independence, Mo., a half-pound of methamphetamine for $10,000 on Feb. 29, 2012. Agents also intercepted conversations between Ybarra and various co-defendants starting on Aug. 5, 2012, regarding a methamphetamine transaction. Ybarra supplied methamphetamine to Stephanie Jo Cain, also known as “Baraka,” 26, of Kansas City, Mo., who, in turn, provided the methamphetamine to Lindsey Dell Brown, 26, of Kansas City, Mo. When Brown’s customer didn’t pay for the methamphetamine, Ybarra attempted to obtain the money he was owed.
Schultz, Cain and Brown are among 16 co-defendants who have pleaded guilty.
Following the presentation of evidence, the jury in the U.S. District Court in Kansas City, Mo., deliberated for about three hours over two days before returning the guilty verdicts to U.S. Chief District Judge Greg Kays, ending a trial that began Tuesday, Aug. 25, 2015.
Under federal statutes, Ybarra 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, plus a fine up to $10.5 million. 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 Bruce Rhoades and Special Assistant U.S. Attorney Adam Caine. It was investigated by the Drug Enforcement Administration, the Independence, Mo., Police Department, the Jackson County Drug Task Force and the Bureau of Alcohol, Tobacco, Firearms and Explosives.
Eldon Woman Indicted for Illegal FirearmsRead the Press Release
JEFFERSON CITY, Mo. – Tammy Dickinson, United States Attorney for the Western District of Missouri, announced today that an Eldon, Mo., woman has been indicted by a federal grand jury for illegally possessing firearms.
Talissa Dawn Dummermuth, 41, of Eldon, was charged with being a felon in possession of firearms in an indictment returned under seal by a federal grand jury in Jefferson City, Mo., on Aug. 19, 2015. That indictment was unsealed and made public today upon Dummermuth’s arrest and initial court appearance. She remains in federal custody pending a detention hearing.
The federal indictment alleges that Dummermuth was in possession of a Hawes .22-caliber pistol, a Ruger .22-caliber revolver and a Smith & Wesson semi-automatic pistol on July 22, 2015.
Under federal law, it is illegal for anyone who has been convicted of a felony to be in possession of any firearm or ammunition. Dummermuth has a prior felony conviction for selling methamphetamine.
Dickinson cautioned that the charge contained in this indictment 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 Anthony P. Gonzalez. It was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Columbia, Mo., Police Department, the Miller County, Mo., Sheriff’s Department and the Eldon, Mo., Police Department.
Republic Man Pleads Guilty to Producing Child PornRead the Press Release
SPRINGFIELD, Mo. – Tammy Dickinson, United States Attorney for the Western District of Missouri, announced today that a Republic, Mo., man pleaded guilty in federal court today to producing child pornography.
Benjamin Michael Hopper, 23, of Republic, pleaded guilty before U.S. District Judge M. Douglas Harpool to the charge contained in a May 13, 2015, federal indictment.
By pleading guilty today, Hopper admitted that he used a minor, 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.
Under federal statutes, Hopper is subject to a mandatory minimum sentence of up to 15 years in federal prison without parole, up to a sentence of 30 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. 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."
KC Business Owner Indicted for $125,000 Fraud SchemeRead the Press Release
KANSAS CITY, Mo. – Tammy Dickinson, United States Attorney for the Western District of Missouri, announced today that the owner of a Kansas City, Mo., business has been indicted by a federal grand jury for a wire fraud scheme in which he stole more than $125,000 from a retiree who wished to assist the inner city community by renovating homes for those in need.
Gregory T. Evans, 59, of Kansas City, Mo., was charged in a three-count indictment returned by a federal grand jury in Kansas City, Mo., on Wednesday, Aug. 26, 2015. Evans was arrested today and has an initial court appearance this afternoon.
Evans is co-owner of Regal Homes, LLC. According to the indictment, Evans was introduced to the victim in 2012 and portrayed a desire to help her to assist impoverished neighborhoods. Evans suggested that she buy a house in the 4100 block of Chestnut in Kansas City, Mo., which Regal Homes would renovate so that it could be provided to a needy family.
The victim agreed to purchase the house and wired money to Regal Homes on two occasions. The first wire transfer, in the amount of $17,000 on Aug. 15, 2012, was for the purpose of buying the house. Evans allegedly bought the house for only $8,000 to $12,000. The second wire transfer, in the amount of $22,000 on Aug. 24, 2012, was for the purpose of renovating the house. Evans allegedly did not renovate the house as promised but instead used those funds for cash withdrawals and personal expenses, and transferred money to his personal bank account.
According to the indictment, Evans also offered the same victim a chance to invest in a securities deal with a bank in Thailand in 2012. Evans claimed that he had personally invested $500,000 with the company and was involved in the proposed securities deal. The victim investor authorized two $50,000 wire transfers to Regal Homes but she never received any money from the investment.
Analysis of the Regal Homes bank account, the indictment says, revealed that $90,000 of her total investment was transferred into Evans’ personal bank account. Analysis of Evans’ personal bank account, the indictment says, revealed that more than $57,000 was drawn out in cash via checks, withdrawals, and ATMs, and that an additional $13,000 was spent at retail stores, convenience stores, grocery stores, restaurants, hardware stores, health and beauty stores, and the like.
According to the indictment, Evans stole a total of $125,480 from his victim.
Evans is charged with three counts of wire fraud. The indictment also contains a forfeiture allegation, which would require Evans to forfeit any property derived from the proceeds of the alleged offense, including $125,480, representing the proceeds of the wire fraud scheme.
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 Kathleen D. Mahoney. It was investigated by the FBI.
Jury Convicts KC Man of Illegal FirearmsRead 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 convicted in federal court today of illegally possessing firearms.
Thomas L. Lynch, 50, of Kansas City, was found guilty of being a felon in possession of firearms.
Evidence introduced during the trial indicated that Lynch was in possession of a Desert Eagle .380-caliber pistol that had been reported as stolen, a Smith & Wesson .38-caliber revolver and a Lorcin .22-caliber pistol on May 11, 2015.
Kansas City, Mo., police officers responded to a local motel on May 11, 2015, on a report of a suspicious party armed with a gun. The person who called the police told officer that he was in the parking lot when he saw the front door of Lynch’s motel room standing open. When Lynch saw him, he came to the door with two guns in his hands. Lynch held the guns up to his mouth and kissed the tip of both barrels while staring at him, which the caller perceived as a threat.
Lynch, who was on parole for assaulting a law enforcement officer and receiving stolen property, had four outstanding Kansas City warrants as well as an outstanding Independence, Mo., stop order for robbery. Officers had a motel employee call Lynch’s room and request that he respond to the office. When Lynch arrived at the office he was placed under arrest for his numerous outstanding warrants.
Officers also contacted two women who were in the motel room. One of them had the three firearms in her purse.
Under federal statutes, it is illegal for anyone who has been convicted of a felony to be in possession of any firearm or ammunition. Lynch has two prior felony convictions for assault on a law enforcement officer, six prior felony convictions for tampering with a motor vehicle, three prior felony convictions for receiving stolen property, two prior felony convictions for possession of a controlled substance and prior felony convictions for stealing, leaving the scene of a motor vehicle accident, resisting arrest and resisting arrest by creating a substantial risk of death or serious injury.
Following the presentation of evidence, the jury in the U.S. District Court in Kansas City, Mo., deliberated for about three hours before returning the guilty verdict to U.S. District Judge Brian C. Wimes, ending a trial that began Monday, Aug. 24, 2015.
Under federal statutes, Lynch may be subject to a mandatory minimum sentence of 15 years in federal prison without parole, up to a sentence of life 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. Attorney Bruce E. Clark. It was investigated by the Kansas City, Mo., Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives.
Independence Man Indicted for Filling in Wetlands AreaRead the Press Release
KANSAS CITY, Mo. – Tammy Dickinson, United States Attorney for the Western District of Missouri, announced that an Independence, Mo., man was indicted by a federal grand jury today for violating the Clean Water Act by filling in a wetlands area near Shoal Creek at the River Bend Development site.
David Obermeyer, 60, of Independence, was charged in an indictment returned by a federal grand jury in Kansas City, Mo.
Today’s indictment alleges that Obermeyer operated earth-moving equipment and authorized and/or directed the placement of fill materials into wetlands adjacent to Shoal Creek and adjacent to the Missouri River in Jackson County, Mo., from Sept. 29, 2011, through Sept. 30, 2014.
According to the indictment, Obermeyer is developing the property but is not the property owner. Approximately 6.6 acres of wetlands east of the levee was filled without authorization. Obermeyer had not applied for, and had not been issued, a permit for this activity.
On July 3, 2013, the U.S. Army Corps of Engineers issued a violation notice and cease and desist order to Obermeyer. The order stated the grading, excavation, and placement of fill material in wetlands east (riverward) of the existing levee was done without authorization and might be referred to EPA for civil or criminal enforcement action. The letter further stated Obermeyer and others involved were “hereby directed to cease and desist all unauthorized work in Corps jurisdiction.”
A federal agent, while hand-delivering the cease and desist notice to Obermeyer, observed trucks dumping fill material at the site. Obermeyer denied the trucks were dumping material east of the levee. On March 10, 2014, EPA Criminal Investigation Divison special agents conducted surveillance at the site, the indictment says, and saw trucks entering the site with loads of dirt and debris and exiting after emptying the loads. They allegedly saw trucks dumping material and a Bobcat pushing the piles of material over the edge of the fill area. The activities allegedly occurred on the east side of the levee in the wetlands area.
During the morning of March 11, 2014, an EPA-CID special agent conducted surveillance at the site and, in less than four hours, allegedly observed trucks bringing debris into the site 23 times. On June 5, 2014, the EPA issued an administrative compliance order to Obermeyer requiring him to immediately cease placing fill material into the wetlands and submit a work plan addressing the removal of the fill.
According to the indictment, investigators observed dumping continuing at the site in August and September 2014. On one day in September 2014, for example, 15 trucks allegedly dumped material at the site. According to the indictment, Google Earth aerial photographs of the site corroborate the violations documented by investigators. The pictures, say the indictment, show the expansion of unauthorized fill activities in the wetland area east of the levee over time.
Dickinson cautioned that the charge contained in this indictment 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 Jane Pansing Brown. It was investigated by the Environmental Protection Agency Criminal Investigation Division and the Environment and Natural Resources Division of the Department of Justice.
Independence Man Indicted for Stealing $247,000 from EmployerRead the Press Release
KANSAS CITY, Mo. – Tammy Dickinson, United States Attorney for the Western District of Missouri, announced that the financial comptroller of a North Kansas City, Mo., business was indicted by a federal grand jury today for a wire fraud scheme in which he embezzled more than $247,000 from his employer over five years.
John S. Kruse, 48, of Independence, Mo., was charged in a five-count indictment returned by a federal grand jury in Kansas City, Mo.
Kruse was employed as the financial comptroller of BCC Merchant Solutions, a North Kansas City firm that provides electronic payment systems, e-commerce systems, business capital and marketing services to other companies.
Today’s indictment alleges that Kruse engaged in a scheme to steal at least $247,508 from BCC Merchant Solutions from April 2010 until his resignation in July 2014. Kruse allegedly made at least 213 unauthorized wire transfers from his employer’s bank account into his personal bank account. Through his scheme, the indictment says, Kruse embezzled $5,776 in 2010; $36,989 in 2011; $71,868 in 2012; $76,225 in 2013; and $56,648 in 2014.
According to the indictment, Kruse used the money to pay for extravagant trips for his family to Las Vegas, Nev., and to Disneyworld. He allegedly spent $50,934 at convenience stores and for gasoline; $41,197 on entertainment; $138,186 for groceries and general merchandise; $65,416 through PayPal; $49,105 for travel and leisure; $49,773 for miscellaneous; and $50,934 for cash.
As the financial comptroller, Kruse was in charge of paying out sales commissions and bank reconciliations, along with keeping records within QuickBooks. In the course of his job, Kruse was authorized to access BCC Merchant Solutions’ bank account. To hide his embezzlement, the indictment says, Kruse manipulated the QuickBooks records to falsely reflect that the money he transferred into his account was being used elsewhere. Kruse allegedly falsified who the deposits were made to, indicating they were payments made on sales commissions and bank reconciliations.
Kruse is charged with five counts of wire fraud. The indictment also contains a forfeiture allegation, which would require Kruse to forfeit to the government $247,508, representing the proceeds of the alleged wire fraud scheme.
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 Daniel M. Nelson. It was investigated by the U.S. Secret Service and the North Kansas City, Mo., Police Department.
Four More Plead Guilty to Tax Fraud SchemeRead the Press Release
SPRINGFIELD, Mo. – Tammy Dickinson, United States Attorney for the Western District of Missouri, announced today that four more co-defendants have pleaded guilty in federal court to aiding and abetting a fraudulent tax return preparation scheme that claimed nearly $340,000 in fraudulent income tax refunds.
Jeannie Marie Rhodes, 34, of Springfield, Mo., pleaded guilty before U.S. Magistrate Judge David P. Rush today to making a false claim.
Shawna Marie Hughey, 37, of Joplin, Mo., formerly of Springfield, Johnny L. Cooper, 28, of Springfield, and William J. Coonce, 29, of Otterville, Mo., pleaded guilty on Monday, Aug. 24, 2015. Hughey and Coonce each pleaded guilty to two counts of making false claims. Cooper pleaded guilty to one count of making a false claim.
Co-defendant Cherie Christine Dupuis, 43, of Springfield, pleaded guilty on July 21, 2015, to leading the fraudulent tax return preparation conspiracy. Dupuis admitted that she and 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.
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.
Rhodes admitted that she aided and abetted Dupuis, and was aided and abetted by Dupuis, in filing a false federal income tax return in 2012. The return listed wages that Rhodes had not received and claimed a refund to which Rhodes knew she was not entitled. Rhodes provided his personal information to Dupuis, which Dupuis then used to file false income tax returns. The total loss to the government was $6,881.
Hughey admitted that she aided and abetted Dupuis, and was aided and abetted by Dupuis, in filing false federal income tax returns in 2011 and 2012. Both returns listed wages that Hughey had not received and claimed refunds to which Hughey knew she was not entitled. Hughey provided her personal information to Dupuis, which Dupuis then used to file false income tax returns. The total loss to the government was $22,626. Hughey also admitted that she paid Dupuis approximately $1,500 for the preparation of her and Cooper’s 2011 federal income tax returns.
Cooper admitted that he aided and abetted Dupuis, and was aided and abetted by Dupuis, in filing a false federal income tax return in 2012. The return listed wages that Cooper had not received and claimed a refund to which Cooper knew he was not entitled. Cooper provided his personal information to Dupuis, which Dupuis then used to file false income tax returns. The total loss to the government was $10,100. Cooper also admitted that he paid Dupuis approximately $2,000 from the proceeds of his fraudulent tax refund.
Coonce admitted that he aided and abetted Dupuis, and was aided and abetted by Dupuis, in filing false federal income tax returns in 2010 and 2011. Both returns listed wages that Coonce had not received and claimed refunds to which Coonce knew he was not entitled. Coonce provided his personal information to Dupuis, which Dupuis then used to file false income tax returns. The total loss to the government was $15,652. Coonce also admitted that he paid Dupuis approximately half of the proceeds of his fraudulent tax refunds.
Co-defendants Jeannette R. Dunn, 48, of Huntsville, Ark., formerly of Springfield, Asia Michelle Couchman, 26, of Oak Grove, Mo., and Delbert L. Allen, 37, of Pleasant Hope, Mo., formerly of Springfield, have pleaded guilty to the same charges.
Under federal statutes, Hughey and Coonce are each subject to a sentence of up to 10 years in federal prison without parole, plus a fine up to $500,000 and an order of restitution. Rhodes and Cooper are each subject to a sentence of up to five years in federal prison without parole, plus a fine up to $250,000 and an order of restitution. Sentencing hearings will be scheduled after the completion of presentence investigations 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.
Former Springfield Man Pleads Guilty to Tax EvasionRead the Press Release
SPRINGFIELD, Mo. – Tammy Dickinson, United States Attorney for the Western District of Missouri, announced that a former Springfield, Mo., man who was a fugitive from justice in Mexico for nearly seven years pleaded guilty in federal court today to tax evasion.
Scott Christopher Lucas, also known as Scott C. Bogan, 57, formerly of Springfield, pleaded guilty before U.S. Magistrate Judge David P. Rush to the charge contained in a Dec. 17, 2008, federal indictment. Lucas was arrested in Colorado in April 2015 and remains in federal custody without bond.
Lucas was employed by Wyndham Vacation Ownership, Inc. (doing business as Fairfield Resorts) as a time-share salesman in Branson, Mo., from 2002 to 2005. During those four years, according to today’s plea agreement, Lucas earned a gross income of $811,367 in wages and a total taxable income of $719,505, for a total tax due and owing of $142,418.
According to court documents, Lucas fled to Mexico when he learned of the federal grand jury investigation. The United States obtained a “Red Notice” – an international wanted persons alert – by the International Criminal Police Organization (INTERPOL). For several years, efforts to locate Lucas within Mexico or obtain the active assistance of the Mexican authorities remained unsuccessful. A U.S. Marshal’s Service task force officer traced Lucas’s whereabouts to Playa del Carman, Mexico, in February 2015.
On April 29, 2015, Lucas was arrested at the Denver International Airport, in Denver, Colo., when he returned to the United States to seek medical treatment. Because of Lucas’s health concerns, his appearance in federal court was delayed.
By pleading guilty today, Lucas admitted that he failed to file income tax returns from 2002 through 2005. Throughout his employment with Wyndham, Lucas used the name Scott Christopher Lucas, when his legal surname, and the surname he used in his dealings with the IRS, was Bogan. To avoid having income taxes withheld from his pay, Lucas filed IRS forms in which he claimed exemption from the withholding of income taxes.
Lucas also admitted that he titled a 1998 Hummer H-1 vehicle, purchased in 2003, in another person’s name, in an attempt to conceal his ownership of the vehicle from the IRS. Lucas also left the title and registration to a houseboat he purchased in February 2006 in the name of the previous owner, instead of registering the houseboat in his own name as required by law, in an attempt to conceal his ownership of the houseboat from the IRS.
Lucas used a false Social Security number throughout the application and loan documents in connection with his purchase of a $275,000 Springfield residence in February 2004. This represented an attempt by Lucas to conceal his ownership of the residence from the IRS.
In pleading guilty to Count One of the indictment, charging him with income tax evasion for the 2002 tax year, Lucas admitted that he received a total income of approximately $244,974 in 2002, of which approximately $233,274 was taxable income. Lucas also admitted that he owed an income tax of approximately $65,701.
Lucas will be required to pay $125,241 in restitution for the total remaining balance of unpaid taxes, plus interest, from 2002 through 2005. Lucas also will be required to pay $41,368 in restitution to the state of Missouri for state taxes evaded.
Under federal statutes, Lucas is subject to a sentence of up to five 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. Attorney Steven M. Mohlhenrich. It was investigated by IRS-Criminal Investigation.
Jefferson City Man, El Paso Woman Plead Guilty to Marriage Fraud ConspiracyRead the Press Release
JEFFERSON CITY, Mo. – Tammy Dickinson, United States Attorney for the Western District of Missouri, announced today that a Ukrainian national in Jefferson City, Mo., and an El Paso, Texas, woman have pleaded guilty in federal court to their roles in a marriage fraud conspiracy so that he could remain in the United States.
Oleksandr Nikolayevich Druzenko, also known as “Alex,” 35, of Jefferson City, pleaded guilty today before U.S. Magistrate Judge Matt J. Whitworth. Co-defendant Patricia Anne Ewalt, 63, of El Paso, pleaded guilty to the same charge on Aug. 5, 2015.
Druzenko and Ewalt were married on June 22, 2007, in Jefferson City. Druzenko is a Ukrainian national who entered the United States on a student visa in August 2004 and attended college in Missouri and elsewhere. He was employed at the Missouri Office of Administration in Jefferson City at the time of the Oct. 3, 2012, indictment.
In 2007, Druzenko’s student visa was expiring and he would soon have to leave the United States. After two failed attempts to persuade U.S. citizens to marry him so that he could remain in the country, Ewalt agreed to marry him.
Druzenko and Ewalt, along with co-defendants James Douglas Barding, 62, of Jefferson City, and Darya Chernova, 40, a citizen of Ukraine who currently resides in Chandler, Ariz., entered an agreement to unlawfully deceive the U.S. Citizenship and Immigration Service in matters regarding immigration and naturalization. According to today’s plea agreement, they conspired to arrange a fraudulent marriage between Druzenko and Ewalt so that he could remain in the United States in violation of the law.
Druzenko and Ewalt falsely claimed that they resided together, when, in fact, Druzenko and Ewalt did not live with each other. Druzenko and Ewalt each admitted that they knowingly submitted documents that were materially false and would serve to deceive the U.S. Citizenship and Immigration Service into believing Druzenko’s marriage to Ewalt was genuine. They also admitted that they submitted fraudulent documents so that Druzenko could achieve resident status in the United States.
Barding and Chernova have pleaded guilty to their roles in a marriage fraud conspiracy aimed at enabling Chernova, with whom Barding had a long-running affair, to remain in the United States and seek citizenship.
As a result of his fraudulent marriage to Ewalt, and the submission of false material statements to U.S. Citizenship and Immigration Service, Druzenko was allowed to remain in the United States and gained permanent resident status when in fact he should not have been allowed to remain in the country and did not lawfully qualify for any adjustment to status.
Under federal statutes, Druzenko and Ewalt are each subject to a sentence of up to five years in federal prison without parole, plus a fine up to $250,000. Sentencing hearings will be scheduled after the completion of presentence investigations by the United States Probation Office.
Today’s guilty plea may have consequences with respect to Druzenko’s immigration status because this is considered a removable offense. Removal and other immigration consequences are the subject of a separate proceeding; however, because Druzenko is pleading guilty to conspiracy to commit offenses against the United States, removal is presumptively mandatory.
This case is being prosecuted by Assistant U.S. Attorney Anthony P. Gonzalez. It was investigated by U.S. Immigration and Customs Enforcement's (ICE) Homeland Security Investigations (HSI), the U.S. Citizenship and Immigration Services and the Jefferson City, Mo., Police Department.
Two Columbia Men Indicted for Illegal FirearmsRead the Press Release
JEFFERSON CITY, Mo. – Tammy Dickinson, United States Attorney for the Western District of Missouri, announced that two Columbia, Mo., men were indicted by a federal grand jury today, in separate and unrelated cases, for illegally possessing firearms.
USA v. Simmons
Terry Allen Simmons, also known as Terry Roger Walker or Marcus Walton, 27, of Columbia, Mo., was charged in an indictment returned by a federal grand jury in Jefferson City, Mo.
Today’s indictment charges Simmons with being a felon in possession of a firearm. Simmons, who has been convicted of a felony, allegedly was in possession of a Kokiak Industries .380-caliber pistol on July 9, 2015.
This case is being prosecuted by Assistant U.S. Anthony P. Gonzalez. It was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Columbia, Mo., Police Department.
USA v. Carter
Darian Maurice Carter, 23, of Columbia, Mo., was charged in an indictment returned by a federal grand jury in Jefferson City, Mo.
Today’s indictment charges Carter with being a felon in possession of a firearm. Carter, who has been convicted of a felony, allegedly was in possession of a Hi-Point 9mm semi-automatic pistol on March 31, 2015.
This case is being prosecuted by Assistant U.S. Anthony P. Gonzalez. It was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Columbia, Mo., Police Department.
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.
Jury Convicts New Jersey Man of Illegally Trafficking in PaddlefishRead the Press Release
JEFFERSON CITY, Mo. – Tammy Dickinson, United States Attorney for the Western District of Missouri, announced that a New Jersey man was convicted in federal court today of illegally trafficking in paddlefish caviar after being caught in an undercover operation in the Warsaw, Mo., area.
In support of Missouri’s paddlefish conservation efforts, the U.S. Fish and Wildlife Service and the Missouri Department of Conservation conducted a covert investigation, “Operation Roadhouse,” centered on an area known as the Roadhouse in Warsaw. As part of the covert operation, state and federal officers operated a paddlefish snagging business during the 2011 and 2012 paddlefish seasons. Covert officers also sold paddlefish to people who were interested in buying them.
Petr Babenko, 45, of Vineland, New Jersey, was found guilty of participating in a conspiracy to illegally buy and sell paddlefish and one count of illegally trafficking in paddlefish in violation of the Lacey Act. Babenko owned European International Foods, a specialty grocery business in Vineland.
Co-defendant Bogdan Nahapetyan, 37, an Armenian citizen residing in Lake Ozark, Mo., pleaded guilty on Nov. 12, 2013, to illegally trafficking in paddlefish.
Neither Babenko nor Nahapetyan had a valid roe fish dealer permit. Evidence introduced during the trial indicated that they possessed paddlefish and paddlefish eggs in excess of the Missouri possession limits, and transported the paddlefish and paddlefish eggs across state lines. The retail value of the caviar is estimated to be between $30,000 and $50,000.
For example, on April 24, 2012, Babenko and Nahapetyan negotiated with the undercover investigators to purchase 80 pounds of paddlefish eggs and five female paddlefish for $4,625. While loading the purchased caviar and female paddlefish into their van, they placed an additional order with the undercover investigators for more fish and caviar.
Following the presentation of evidence, the jury in the U.S. District Court in Jefferson City, Mo., deliberated for less than an hour before returning the guilty verdict to U.S. District Judge Stephen R. Bough, ending a trial that began Monday, Aug. 17, 2015.
In separate cases that arose from the undercover investigation, five additional defendants have pleaded guilty to trafficking in paddlefish and paddlefish eggs in violation of the Lacey Act: Fedor Pakhnyuk, 41, of Hinsdale, Ill.; Felix Baravik, 50, and Arkadiy Lvovskiy, 54, both of Aurora, Colo.; Dmitri Elitchev, 49, of Centennial, Colo.; and Artour Magdessian, 48, of Lone Tree, Colo.
Under federal statutes, Babenko is subject to a sentence of up to 10 years in federal prison without parole, plus a fine up to $500,000. Babenko must forfeit to the government a 2011 Mercedes Benz cargo van that was used to commit the offense. A sentencing hearing will be scheduled after the completion of a presentence investigation by the United States Probation Office.
The Lacey Act
The Lacey Act is a federal statute which makes it unlawful for any person to import, export, transport, sell, receive, acquire or purchase fish that were taken, possessed, transported or sold in violation of any law or regulation of any state, or to attempt to do so. Such conduct constitutes a felony crime if the defendant knowingly engaged in conduct involving the purchase or sale, offer to purchase or sell, or intent to purchase or sell, fish with a market value in excess of $350, knowing that the fish were taken, possessed, transported or sold in violation of, or in a manner unlawful under, a law or regulation of any state.
Paddlefish Trafficking
The American paddlefish (Polydon spathula), also called the Mississippi paddlefish or the “spoonbill,” is a freshwater fish that is primarily found in the Mississippi River drainage system. Paddlefish eggs are marketed as caviar. Paddlefish were once common in waters throughout the Midwest. However, the global decline in other caviar sources, such as sturgeon, has led to an increased demand for paddlefish caviar. This increased demand has led to over-fishing of paddlefish, and consequent decline of the paddlefish population.
Missouri law prohibits the transportation of paddlefish eggs which have been removed or extracted from a paddlefish carcass. Missouri law also prohibits the sale or purchase, or offer of sale or purchase, of paddlefish eggs. There are also several restrictions on the purchase and possession of whole paddlefish in Missouri.
This case is being prosecuted by Senior Trial Attorney James B. Nelson of the Department of Justice’s Environmental Crimes Section and Assistant U.S. Attorney Lawrence E. Miller of the U.S. Attorney’s Office for the Western District of Missouri. It was investigated by the U.S. Fish and Wildlife Service and the Missouri Department of Conservation, with assistance by the Oklahoma Department of Wildlife Conservation.