Western District of North Carolina
Press releases recorded for this federal judicial district.
Archdale, N.C. Man Is Sentenced to Almost Three Years in Prison for COVID-19 Relief FraudRead the Press Release
CHARLOTTE, N.C. – Today, U.S. District Judge Kenneth D. Bell sentenced Maurice Kamgaing, 42, formerly of Charlotte currently residing in Archdale, N.C., to 33 months in prison for fraudulently obtaining more than $1.5 million in COVID-19 relief funds, announced Dena J. King, U.S. Attorney for the Western District of North Carolina. In addition to the prison term imposed, Kamgaing was ordered to serve five years under court supervision and to pay $1,454,296.14 in restitution. Judge Bell also entered a money judgment of $1,506,463 against Kamgaing, and a forfeiture order against the office building the defendant purchased with the fraudulently obtained loans as well as the two brokerage accounts he used to facilitate the fraud.
Robert R. Wells, Special Agent in Charge of the Federal Bureau of Investigation (FBI), Charlotte Division, and Donald “Trey” Eakins, Special Agent in Charge of the of the Internal Revenue Service, Criminal Investigation Division (IRS-CI), Charlotte Field Office, join U.S. Attorney King in making today’s announcement.
The CARES Act is a federal law enacted on March 29, 2020. It is designed to provide emergency financial assistance to millions of Americans who are suffering the economic effects resulting from the COVID-19 pandemic. One source of relief provided by the CARES Act is through forgivable loans to small businesses for job retention and certain other expenses through the Paycheck Protection Program (PPP).
According to filed court documents and today’s sentencing hearing, on April 7, 2020, Kamgaing filed a fraudulent application for a PPP loan with the U.S. Small Business Administration (SBA) for Apiagne, Inc. (Apiagne), a company that Kamgaing incorporated in 2019. Court records show that the Apiagne PPP loan application contained false information about the number of employees and its payroll. As a result of the fraudulent representations, on or about May 6, 2020, Apiagne received a PPP loan for $856,463, which Kamgaing used for unauthorized purposes and for his personal benefit.
Filed court documents also show that on April 27, 2020, Kamgaing filed another fraudulent PPP loan application on behalf of AKC Solutions, a company that Kamgaing had previously dissolved and subsequently reinstated in May 2020. The loan application for AKC Solutions also misrepresented the number of employees employed by the company and its monthly payroll disbursements. On May 5, 2020, a PPP loan for $650,000 was disbursed to AKC Solutions, and within days of receiving the loan Kamgaing used the funds for various improper purposes and to pay for personal expenses. To substantiate the representations in both loan applications, Kamgaing created and presented fraudulent documentation, including fake tax returns and bank statements.
According to court documents, Kamgaing used $850,000 of the PPP loan proceeds to purchase a commercial office building in Archdale and transferred hundreds of thousands of dollars to two brokerage accounts where he invested the funds in the stock market for his personal benefit.
On August 25, 2021, Kamgaing pleaded guilty to wire fraud in relation to a disaster benefit and engaging in monetary transactions in criminally derived property.
In making today’s announcement, U.S. Attorney King thanked the FBI and IRS-CI for their investigation of this case.
Assistant U.S. Attorney Caryn Finley, of the U.S. Attorney’s Office in Charlotte, prosecuted the case.
Anyone with information about allegations of attempted fraud involving COVID-19 can report it by calling the Department of Justice’s National Center for Disaster Fraud Hotline at 866-720-5721 or via the NCDF Web Complaint Form at: https://www.justice.gov/disaster-fraud/ncdf-disaster-complaint-form. Members of the public in the Western District of North Carolina are also encouraged to call 704-344-6222 to reach their local Coronavirus Fraud Coordinator.
Charlotte Pastor Pleads Guilty to Tax and Wire FraudRead the Press Release
CHARLOTTE, N.C. – Frank Jacobs, Sr., 51, formerly of Charlotte now residing in Concord, N.C., appeared before U.S. Magistrate Judge David S. Cayer today and pleaded guilty to tax and wire fraud, for filing a false tax return and using fraudulent information to obtain a COVID-19 relief loan, announced Dena J. King, U.S. Attorney for the Western District of North Carolina.
Donald “Trey” Eakins, Special Agent in Charge of the Internal Revenue Service, Criminal Investigation Division, Charlotte Field Office (IRS-CI), joins U.S. Attorney King in making today’s announcement.
According to filed plea documents and today’s hearing, from at least 2009 to 2018, Jacobs was the Pastor of the Rock Worship Center Church (RWC) in Charlotte, and from at least 2019 to 2021, Jacobs was the Pastor of Quest Church, also located in Charlotte. Filed documents show that, for tax years 2009 through 2013, and 2015 through 2017, Jacobs failed to file timely U.S. Individual Income Tax Returns, Forms 1040, even after he received correspondence from the IRS in some of those years about the need to file and pay taxes. Jacobs did file a tax return for tax year 2014, but, as he admitted in court today, Jacobs both underreported his income on the returns he filed and failed to make a payment to the IRS for any tax liabilities.
As described in plea documents, on April 22, 2020, Jacobs filed on behalf of Quest Church a fraudulent application to obtain disaster-related loan benefits in the form of a Paycheck Protection Program (PPP) loan. The PPP loan program, sponsored by the United States Small Business Administration (SBA), was expanded under the CARES Act to provide support for small businesses to remedy economic harm caused by the COVID-19 outbreak.
Jacobs admitted in court today that the documents he submitted as part of the application process for the PPP loan contained information that was false and inaccurate. For example, Jacobs claimed that Quest Church paid wages totaling more than $135,000 to five employees, from which federal income taxes had been withheld, when in fact Quest Church never reported any payments of any wages to the IRS for the corresponding calendar year, nor did it pay any withholding taxes on such income.
Jacobs was released on bond following his court appearance. A sentencing date for Jacobs has not been set.
The charge of filing a false tax return carries a maximum statutory penalty of three years in prison and a $250,000 fine. The wire fraud charge carries a maximum penalty of 20 years in prison and a $250,000 fine.
In making today’s announcement, U.S. Attorney King thanked IRS-CI for their investigation of the case.
Assistant U.S. Attorney Jenny G. Sugar, of the U.S. Attorney’s Office in Charlotte, is in charge of the prosecution.
The Department of Justice and the U.S. Attorney’s Office for the Western District of North Carolina remain vigilant in detecting, investigating, and prosecuting wrongdoing related to the COVID-19 pandemic. If you think you are a victim of coronavirus fraud or have information pertaining to fraud involving COVID-19, contact the National Center for Disaster Fraud Hotline at 866-720-5721 or submit a complaint online using the NCDF Web Complaint Form. Members of the public in the Western District are also encouraged to call 704-344-6222 to reach their local Coronavirus Fraud Coordinator.
Federal Jury Convicts Charlotte Man of Armed Robbery and Firearms OffensesRead the Press Release
CHARLOTTE, N.C. – A federal jury handed down a guilty verdict today against Valentino Cabral Darosa, 29, of Charlotte, for the armed robbery of a local business and related firearms offenses, announced Dena J. King, U.S. Attorney for the Western District of North Carolina.
Robert R. Wells, Special Agent in Charge of the Federal Bureau of Investigation (FBI), Charlotte Division, and Chief Johnny Jennings of the Charlotte Mecklenburg Police Department (CMPD) join U.S. Attorney King in making today’s announcement.
According to filed court documents, evidence introduced at trial and witness testimony, on October 23, 2020, CMPD officers responded to a robbery service call at Atlantic Metals Xchange, located at 11318 N. Community House Road, in Charlotte. The store owner, identified in court documents as M.S., told officers at the scene that prior to opening for business an individual later identified as Darosa approached the store and knocked on the door. When M.S. did not immediately answer, Darosa walked away. M.S. went outside and approached Darosa. Following a short exchange, Darosa produced a firearm and forced M.S. into the business and into a back room. As trial evidence established, Darosa ordered M.S. to unplug the surveillance system’s recorder, then handcuffed M.S. and opened the safes. Darosa began stealing items from the safes and proceeded to duct-tape M.S.’s hands and ankles together. Darosa took approximately $133,980 in property and cash and the surveillance system hard drive. Darosa also took M.S.’s backpack, which contained a firearm, cash, and the victim’s wallet. After Darosa fled the scene, M.S. managed to free himself and call 911 for assistance. On November 5, 2020, CMPD officers arrested Darosa at his apartment in Charlotte. During a search of Darosa’s apartment and vehicle, law enforcement recovered several items Darosa had stolen from the business.
Court records show that Darosa was on post-release supervision when he committed the armed robbery. He also has multiple felony convictions in Mecklenburg and Cabarrus Counties and he is prohibited from possessing a firearm.
Darosa was convicted of robbery of a business affecting interstate commerce, or Hobbs Act Robbery, using or carrying a firearm during and in relation to a crime of violence, and possession of a firearm by a felon. He is currently in federal custody. A sentencing date has not been set.
In making today’s announcement U.S. Attorney King thanked the FBI and CMPD for their investigation of the case.
Assistant U.S. Attorneys Christopher Hess and Dana Washington are in charge of the prosecution.
Asheville Man Is Sentenced to 28 Years on Child Pornography ChargesRead the Press Release
ASHEVILLE, N.C. – Coyoami Ruiz Miguel, 26, of Asheville, was sentenced late yesterday by Chief U.S. District Judge Martin Reidinger to 28 years in prison on child pornography charges, announced Dena J. King, U.S. Attorney for the Western District of North Carolina.
Chief David Zack of the Asheville Police Department (APD) joins U.S. Attorney King in making today’s announcement.
According to court documents and court proceedings, from July 2019 to April 2020, Miguel used Snapchat and other messaging apps popular with teenagers to contact at least 15 minor females in the Asheville area for the purpose of inducing the minors to produce sexually explicit images and engage in sex acts with him in exchange for money. In April 2020, APD officers arrested Miguel and seized numerous electronic devices. A forensic analysis of the devices revealed that Miguel possessed dozens of videos and images of teenage girls engaging in sexually explicit conduct. Some of the videos also depicted Miguel engaging in sex acts with the minors. As Miguel previously admitted in court, the defendant used the mobile payment service Cash App to pay the underage victims for the child pornography and sex acts.
On January 13, 2021, Miguel pleaded guilty to possession of child pornography and using a minor to engage in sexually explicit conduct for the purpose of producing a visual depiction of such conduct. In making today’s announcement, U.S. Attorney King commended the Asheville Police Department for their investigation of the case and thanked Homeland Security Investigations, the North Carolina State Bureau of Investigation, the Buncombe County Sheriff’s Office, and the Henderson County Sheriff’s Office for their invaluable assistance.
* * *
In a separate case, Judge Reidinger sentenced Kenneth Ricky Ingle, Jr., 35, of Shelby, North Carolina, to 20 years in prison and a lifetime of supervised release on child pornography charges. According to documents filed in this case, in August 2020, Ingle used the Kik messenger app to engage in sexually explicit communications with a 14-year-old female residing in Florida. Over the course of their exchanges, Ingle induced the minor to send him videos and images of herself depicting sexually explicit conduct.
U.S. Attorney King credited the FBI in North Carolina, under the direction of Special Agent in Charge Robert R. Wells, with the investigation leading to Ingle’s prosecution.
The defendants are in federal custody and will be transferred to the custody of the federal Bureau of Prisons upon designation of a federal facility.
Miguel will also be subject to deportation proceedings upon the completion of his federal sentence. If Miguel is not deported, or later returns to the United States, he was ordered by Judge Reidinger to serve a lifetime of supervised release and to register as a sex offender.
Both cases were prosecuted by the U.S. Attorney’s Office in Asheville as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse, launched in May 2006 by the Department of Justice. Led by U.S. Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
Justice Department Awards More Than $17.5 Million to Support Project Safe Neighborhoods (PSN) ProgramRead the Press Release
CHARLOTTE, N.C. – The Department of Justice announced today that it has awarded more than $17.5 million in grants to support the Project Safe Neighborhoods (PSN) Program. Funding will support efforts across the country to address violent crime, including the gun violence that is often at its core.
“This latest Project Safe Neighborhoods grant is critical to addressing the violent crime threatening cities and towns all across our country,” said Deputy Attorney General Lisa O. Monaco. “Ensuring the safety of all Americans is the highest priority for the Department of Justice, but when it comes to violent crime, there is not a one-size-fits-all solution. We have to work closely with local public safety agencies as well as community organizations to craft individual strategies unique to each community’s needs. Programs like Project Safe Neighborhoods and the funding it provides allow us to do just that.”
The North Carolina Gang Investigators Association (NCGIA) was awarded $181,000 in PSN funds. NCGIA will begin the process of administering the funds in support of local PSN projects in the Western District of North Carolina.
In addition to PSN funding, in 2021, more than $3.7 million in federal grants have been awarded to non-profit organizations, local law enforcement agencies, and Tribal government programs in the Western District.
“Federal grants are a vital financial resource for local law enforcement as well as organizations and service providers in the nonprofit sector. The awarded funds will be used to support critical work addressing a broad range of community needs and to enhance public safety activities in the Western District and the Qualla Boundary,” said U.S. Attorney Dena J. King.
Grantees in eight counties across the Western District and the Eastern Band of Cherokee Indians have received federal funding awarded by the Bureau of Justice Assistance, the Office of Violence against Women, and the Office of Community Oriented Policing Services.
In Buncombe County, funding allocated for the provision of comprehensive services to domestic and sexual violence survivors will be used to support case management, court advocacy, emergency shelter services, individual and group counseling, prevention and education programs and to enhance outreach efforts in the LBGTQ+ community.
Funding allocated to the Eastern Band of Cherokee Indians will support the civil and criminal Tribal court systems and improve access to those systems. Specifically, a portion of the funding will be used to create and implement a Juvenile Healing to Wellness Court, to address gaps in the juvenile system; increase juvenile behavioral health involvement in the court system; and develop screening tools to better determine the needs of juveniles for healing to wellness court intervention.
Funding allocated to law enforcement agencies in Buncombe, Catawba, Gaston, Haywood, Iredell, Mecklenburg, Rutherford and Union Counties will support community safety initiatives, prevention and education programs, technology and forensic analysis improvements, equipment and training, and mental health and wellness services for law enforcement.
“Investing in our communities, supporting victims and building a justice system that both keeps people safe and earns their trust – these are mutually reinforcing goals that stand at the heart of Project Safe Neighborhoods,” said Principal Deputy Assistant Attorney General Amy L. Solomon for OJP. “The Office of Justice Programs is pleased to join with our U.S. Attorneys’ Offices, and with jurisdictions across the country, as we work together to meet the challenges of crime and violence and achieve our shared aspirations of public safety and community trust.”
In May 2021, Attorney General Merrick B. Garland announced a new effort to reduce violent crime, including the gun violence that is often at its core. Integral to that effort was the reinvigoration of PSN, a two-decade old evidence-based and community-oriented program focused on reducing violent crime. The updated PSN approach, outlined in the department’s Comprehensive Strategy for Reducing Violent Crime issued by Deputy Attorney General Monaco, is guided by four key principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence, setting focused and strategic enforcement priorities and measuring the results of our efforts. The fundamental goal is to reduce violent crime, not simply to increase the number of arrests or prosecutions.
PSN programs are led by U.S. Attorneys’ Offices in collaboration with local public safety agencies, community stakeholders and other agencies and organizations that work to reduce violent crime.
For a list of all grantees, please visit: https://www.ojp.gov/sites/g/files/xyckuh241/files/media/document/FY21-Project-Safe-Neighborhoods-Awards.pdf
The Office of Justice Programs provides federal leadership, grants, training, technical assistance and other resources to improve the nation’s capacity to prevent and reduce crime, advance racial equity in the administration of justice, assist victims and enhance the rule of law. More information about OJP and its components can be found at www.ojp.gov. Information about these and other FY 2021 grant awards from the Office of Justice Programs can be found online at the OJP Grant Awards Page.
The Office on Violence Against Women (OVW) currently administers grant programs authorized by the Violence Against Women Act (VAWA) of 1994 and subsequent legislation. More information about OVW and additional grant funding information is listed at: http://www.justice.gov/ovw/grant-programs.
The Office of Community Oriented Policing Services (COPS Office) is the component of the U.S. Department of Justice responsible for advancing the practice of community policing by the nation’s state, local, territorial, and tribal law enforcement agencies through information and grant resources. For more information about the COPS Office grants please go to: http://www.cops.usdoj.gov/grants.
The Bureau of Justice Assistance (BJA) provides leadership and assistance to local criminal justice programs that improve and reinforce the nation’s criminal justice system. BJA’s goals are to reduce and prevent crime, violence, and drug abuse and to improve the way in which the criminal justice system functions. BJA Funding announcements are posted at: https://www.bja.gov/funding.aspx
Dena J. King Is Sworn in as United States Attorney for the Western District of North CarolinaRead the Press Release
CHARLOTTE, N.C. – Dena J. King was officially sworn in today as United States Attorney for the Western District of North Carolina. Ms. King was nominated by President Joseph
U.S. Attorney Dena J. KingR. Biden Jr. on September 28, 2021, and was confirmed by the United States Senate on November 19, 2021. Chief U.S. District Judge Martin Reidinger administered the oath of office to U.S. Attorney King during a private ceremony at the federal courthouse in Charlotte. Ms. King is the first person of color to be appointed as U.S. Attorney in the Western District.
“I am honored to serve as United States Attorney for the Western District of North Carolina,” said Ms. King following the ceremony. “It is a privilege to lead a team of dedicated and talented public servants who are passionate about their work and delivering justice to the people we serve. I also look forward to working closely with our federal, state, local and Tribal law enforcement to ensure the safety of communities across Western North Carolina and engaging with our valued community partners in our shared mission to pursue equal justice under the law.”
With over 15 years in public service, U.S. Attorney King will lead an office of approximately 100 federal prosecutors and staff, located in Charlotte and in Asheville, that serves over three million residents throughout North Carolina’s 32 westernmost counties, including residents of the Eastern Band of Cherokee Indian Reservation.
U.S. Attorney King joined the U.S. Attorney’s Office in the Western District of North Carolina in September 2020, as Deputy Criminal Chief overseeing the Violent Crimes and Narcotics Section, and as Lead Task Force Attorney for the Office’s Organized Crime Drug Enforcement Task Force (OCDETF) program. Prior to that, Ms. King served as Special Assistant U.S. Attorney (2014-2015) and Assistant U.S. Attorney (2015-2020) at the U.S. Attorney’s Office in the Eastern District of North Carolina (EDNC). At EDNC, Ms. King was in charge of complex narcotics and OCDETF investigations and local impact cases. She also served as the District’s Reentry Coordinator, supervising a reentry team and leading all reentry initiatives, including participation in Drug and Reentry Courts, the Prison In-Reach Program, and Focused Deterrence Call-ins. She also worked closely with local reentry councils and forged reentry partnerships within that jurisdiction. At EDNC, Ms. King was also the Office’s Opioid Coordinator, leading the Heroin Education Action Team (HEAT), and was in charge of coordinating the Office’s efforts to educate stakeholders on the harm caused by drug abuse and misuse. During her tenure in the Eastern District, Ms. King also prosecuted federal racketeering cases, as well as violent crime and public corruption cases.
From 2009 to 2014, U.S. Attorney King served as an Enforcement Attorney with the Securities Division of the North Carolina Department of the Secretary of State. In that capacity, Ms. King represented the State in criminal and administrative enforcement actions and prosecuted violations of the Securities Act, Investment Advisers Act, and Commodities Act, among others.
From 2006 to 2008, Ms. King was an Assistant District Attorney for North Carolina’s 26th Prosecutorial District (Charlotte-Mecklenburg County), where she prosecuted criminal matters. While there, Ms. King was also the Office’s designated representative for Drug Treatment Court and Mental Health Court.
U.S. Attorney King graduated magna cum laude from North Carolina State University in 2003, where she received a Bachelor of Science degree in Business Management. Ms. King received her Juris Doctor in 2006, from North Carolina Central University School of Law.
U.S. Attorney King grew up in Charlotte and graduated from South Mecklenburg High School. She is involved in activities in her community and is a member of the Charlotte Alumnae Chapter of Delta Sigma Theta Sorority, Inc. and Silver Mount Missionary Baptist Church in Charlotte.
Federal Indictment Charges Five with Conspiracy to Traffic MethamphetamineRead the Press Release
CHARLOTTE, N.C. – A federal criminal indictment has been unsealed, charging five individuals with conspiracy to traffic methamphetamine and related offenses, announced William T. Stetzer, Acting U.S. Attorney for the Western District of North Carolina.
The indictment charges Charles Ray Hildebran, 46, of Hickory, N.C.; Phillip Anthony Godfrey, 47, of Newton, N.C.; Jeffrey Ben Pavkovich, 52, of Gainesville, Georgia; Britton Nicole Metcalf, 34, of Morganton, N.C.; and Billy Dean Potter, 36, of Hickory, N.C., with conspiracy to traffic methamphetamine. The defendants are also charged with possession with intent to distribute methamphetamine and/or distribution of methamphetamine. Hildebran, Godfrey, Pavkovich and Metcalf are also facing firearms offenses. (See chart below for a list of charges and statutory penalties for each defendant).
According to allegations contained in the indictment, from at least 2018 to October 2021, the defendants were involved in a drug trafficking network that distributed methamphetamine in and around Buncombe, Burke, Catawba, and McDowell Counties. The indictment further alleges that the defendants engaged in multiple drug sales and that Hildebran, Godfrey, Pavkovich and Metcalf also possessed firearms in furtherance of their drug trafficking activities. Over the course of the investigation, law enforcement recovered 20 illegal firearms, narcotics, and more than $100,000 in U.S. currency.
The defendants are currently in federal custody following their initial court appearances.
The charges in the indictment are allegations and the defendants are presumed innocent until proven guilty beyond reasonable doubt in a court of law.
In making today’s announcement, Acting U.S. Attorney Stetzer thanked the Drug Enforcement Administration in Charlotte and Atlanta; the Department of Homeland Security- Homeland Security Investigations; the Bureau of Alcohol, Tobacco, Firearms, and Explosives; the North Carolina State Bureau of Investigation; the North Carolina Highway Patrol; the North Carolina Department of Public Safety, Community Corrections; the Georgia Department of Corrections; the Burke County Sheriff’s Office; the Caldwell County Sheriff’s Office; the Catawba County Sheriff’s Office; the McDowell County Sheriff’s Office; the Hickory Police Department; the Long View Police Department; and the Newton Police Department for their coordinated investigation of this case.
Assistant United States Attorney Christopher Hess, of the U.S. Attorney’s Office in Charlotte, is in charge of the prosecution.
CHARLES RAY HILDEBRAN
1
Methamphetamine Conspiracy
-50 grams or more actual
-500 grams or more mixture
10 years to life in prison, maximum fine of $10,000,000
8
Distribute Methamphetamine
-5 grams or more actual
5 to 40 years in prison, maximum fine of $5,000,000
9, 11
Possess with Intent to Distribute Methamphetamine
-Count 9: 500 grams or more mixture
-Count 11: 50 grams or more actual and 500 grams or more mixture
10 years to life in prison, maximum fine of $10,000,000
10
Distribute Methamphetamine
-50 grams or more actual and 500 grams or more mixture
10 years to life in prison, maximum fine of $10,000,000
12
Possess Firearms in Furtherance of a Drug Trafficking Crime
5 years to life in prison, consecutive to a sentence imposed on a drug count, maximum fine of $250,000
13
Possess Firearms by Felon
10 years in prison, maximum fine of $250,000
PHILLIP ANTHONY GODFREY
1
Methamphetamine Conspiracy
-50 grams or more actual
-500 grams or more mixture
10 years to life in prison, maximum fine of $10,000,000
3, 18
Possess with Intent to Distribute Methamphetamine
-Count 3: 50 grams or more actual
-Count 18: 50 grams or more actual and 500 grams or more mixture
10 years to life in prison, maximum fine of $10,000,000
4
Possess a Firearm in Furtherance of a Drug Trafficking Crime
5 years to life in prison, consecutive to a sentence imposed on a drug count, maximum fine of $250,000
19
Possess with Intent to Distribute Methamphetamine
-5 grams or more actual
5 to 40 years in prison, maximum fine of $5,000,000
JEFFREY BEN PAVKOVICH
1
Methamphetamine Conspiracy
-50 grams or more of actual
-500 grams or more mixture
10 years to life in prison, maximum fine of $10,000,000
2
Possess with Intent to Distribute Methamphetamine
-50 grams or more mixture
5 to 40 years in prison, maximum fine of $5,000,000
15
Distribute Methamphetamine
-50 grams or more actual
10 years to life in prison, maximum fine of $10,000,000
16
Possess Firearms in Furtherance of a Drug Trafficking Crime
5 years to life in prison, consecutive to a sentence imposed on a drug count, maximum fine of $250,000
17
Possess Firearms by Felon
10 years in prison, maximum fine of $250,000
BRITTON NICOLE METCALF
1
Methamphetamine Conspiracy
-50 grams or more actual
-500 grams or more mixture
10 years to life in prison, maximum fine of $10,000,000
5
Possess with Intent to Distribute Methamphetamine
-50 grams or more mixture
5 to 40 years in prison, maximum fine of $5,000,000
6
Possess Firearms in Furtherance of a Drug Trafficking Crime
5 years to life in prison, consecutive to a sentence imposed on a drug count, maximum fine of $250,000
7
Possess Firearms by Felon
10 years in prison, maximum fine of $250,000
9, 14
Possess with Intent to Distribute Methamphetamine
-Count 9: 500 grams or more mixture
-Count 14: 50 grams or more actual and 500 grams or more mixture
10 years to life in prison, maximum fine of $10,000,000
BILLY DEAN POTTER
1
Methamphetamine Conspiracy
-50 grams or more actual
-500 grams or more mixture
10 years to life in prison, maximum fine of $10,000,000
21, 23, 24
Distribute Methamphetamine
-50 grams or more actual
10 years to life in prison, maximum fine of $10,000,000
Repeat Sex Offender Is Sentenced to 25 Years for Receipt and Attempted Receipt of Child PornographyRead the Press Release
CHARLOTTE, N.C. – Jonathan Wheeler Johnston, 40, of Norman, Oklahoma, was sentenced today to 25 years in prison and a lifetime of supervised release for receipt and attempted receipt of child pornography, announced William T. Stetzer, Acting U.S. Attorney for the Western District of North Carolina. As part of his sentence, Johnston was also ordered to register as a sex offender, and to pay $5,900 in restitution and $40,100 in special assessments.
Robert R. Wells, Special Agent in Charge of the Federal Bureau of Investigation, Charlotte Division, joins Acting U.S. Attorney Stetzer in making today’s announcement.
According to court documents, in April 2019, Johnston began communicating with a 15-year-old minor female located in the Western District of North Carolina, whom he met in an online chatroom for teenagers. After chatting with the teenager online, Johnston mailed the minor a cellphone, for the purpose of exchanging sexually explicit images and engaging in sexually explicit conduct. Court records show that the minor’s parent contacted law enforcement after discovering the cellphone and finding texts and other sexually explicit exchanges between the minor and Johnston. A subsequent forensic analysis of the minor’s cellphone by the FBI revealed that Johnston had repeatedly asked the minor for sexually explicit photos and videos, and had sent the minor links to pornographic material, including videos containing bestiality. In addition, over the course of their communications, Johnston sent the minor sexually explicit images of himself and instructed the minor not to disclose to anyone his name or age because he could get in trouble.
Court records show that when the minor informed Johnston that law enforcement were aware of their communications, Johnston attempted to cover his conduct by wiping his devices of evidence concerning his exchanges with the minor.
According to court records, in 2013, while Johnston was serving in the U.S. Army, he was convicted of possession, manufacture and distribution of child pornography. As a result of that conviction, Johnston was sentenced to six years in prison, was dishonorably discharged and was required to register as a sex offender for six years. His parole from that conviction ended in March 2018, just a little over a year before he began communicating with the 15-year-old minor located in the Western District of North Carolina.
Johnston is currently in federal custody and will be transferred to the custody of the Federal Bureau of Prisons upon designation of a federal facility.
In making today’s announcement, U.S. Attorney Stetzer thanked the FBI, the Huntersville Police Department, and the Norman Police Department in Oklahoma for their investigation of the case.
Assistant U.S. Attorney Mark T. Odulio, of the U.S. Attorney’s Office in Charlotte, prosecuted the case.
The case was brought by Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse, launched in May 2006 by the Department of Justice. Led by U.S. Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
Federal Judge Sentences Five Methamphetamine TraffickersRead the Press Release
CHARLOTTE, N.C. – Today, U.S. District Judge Kenneth D. Bell handed down sentences of up to 15 years in prison to five defendants for their involvement in a methamphetamine trafficking ring, announced William T. Stetzer, Acting U.S. Attorney for the Western District of North Carolina.
Judge Bell sentenced the defendants as follows:
- William Jay Allen, Jr., 29, of Vilas, N.C. was sentenced to 180 months in prison, followed by five years of supervised release. Allen pleaded guilty to drug trafficking conspiracy and distribution methamphetamine.
- Justin Kevin Anderson, 31, of Boone, N.C. was sentenced to 135 months in prison, followed by six years of supervised release. Anderson pleaded guilty to drug trafficking conspiracy and distribution methamphetamine.
- Thomas Burns Shelley, III, 37, of Blowing Rock, N.C., was sentenced to 132 months in prison and five years of supervised release. Shelley pleaded guilty to conspiracy to distribute methamphetamine and possession with intent to distribute methamphetamine.
- Jeffrey David Miller, of Sugar Grove, N.C., was sentenced to 36 months in prison and three years of supervised release. Miller pleaded guilty to conspiracy to distribute methamphetamine and distribution of methamphetamine.
- Danielle Denise Dieters Ward, 42, of Morganton, N.C., was sentenced to 36 months in prison and five years of supervised release. Ward pleaded guilty to conspiracy to distribute methamphetamine and distribution and possession with intent to distribute methamphetamine.
A sixth co-defendant, Timothy Wilson Critcher, 47, of Boone, N.C., is scheduled to be sentenced on December 7, 2021.
According to court documents and the sentencing hearing, from 2018 to 2020, Allen and his co-conspirators trafficked more than 12 kilograms of crystal methamphetamine in Ashe and Watauga Counties, and elsewhere. Court documents show that Allen was the source of supply for the methamphetamine, and his co-defendants operated as couriers and sellers in the conspiracy.
All of the defendants are in currently custody of the U.S. Marshals Service and will be transferred to the custody of the U.S. Bureau of Prisons upon designation of a federal facility.
This case is supported by the Organized Crime and Drug Enforcement Task Force (OCDETF) as part of an ongoing investigation focusing on drug organizations trafficking large quantities of methamphetamine in Western North Carolina. To date, more than 200 individuals have been prosecuted, and law enforcement have seized more than 20 kilograms of crystal methamphetamine, $500,000 in U.S. currency and other assets, and dozens of firearms.
OCDETF identifies, disrupts, and dismantles the highest-level criminal organizations using a prosecutor-led, intelligence-driven, multi-agency approach. Additional information about the OCDETF Program can be found at https://www.justice.gov/OCDETF.
In making today’s announcement, Acting U.S. Attorney Stetzer recognized the following federal, state and local agencies which partnered in this investigation, and thanked them for their continued cooperation and support: the U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI); the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF); the North Carolina State Bureau of Investigation (NC SBI); the Ashe County Sheriff’s Office; the Watauga County Sheriff’s Office; the Boone Police Department; and the Johnson County Tennessee Sheriff’s Office in Tennessee.
The prosecutions are being handled by Assistant U.S. Attorney Steven R. Kaufman of the U.S. Attorney’s Office in Charlotte.
Four Charlotte Men Are Sentenced to Prison for Bank FraudRead the Press Release
CHARLOTTE, N.C. – On Wednesday, November 16, 2021, U.S. District Judge Robert J. Conrad Jr. sentenced four Charlotte men to prison for their involvement in a bank fraud and identity theft scheme, announced William T. Stetzer, Acting U.S. Attorney for the Western District of North Carolina. Two of the defendants were also sentenced on separate charges for receiving fraudulent COVID-19 Unemployment Insurance benefits.
Jamel Johnson, 31, of Charlotte, was sentenced to 70 months in prison. David Clarke, 30, of Charlotte, was ordered to serve 54 months in prison. Justin Parks, 32, of Charlotte, was sentenced to 65 months in prison, and Mikael Roberts 27, also of Charlotte, was ordered to serve 57 months in prison.
On June 19, 2020, a federal grand jury indicted the four men for executing a bank fraud scheme using stolen identities. According to court documents and the sentencing hearings, from as early as April 2019, the defendants obtained over the internet and elsewhere multiple victims’ Personal Identifying Information (PII), including names, Social Security Numbers, dates of birth, and addresses, which they used to apply for and obtain fraudulent bank loans – including automobile and personal loans – and other goods, such as Apple iPhones and iPads. During the course of the scheme, the co-conspirators fraudulently attempted to obtain more than $1,000,000 in fraudulent loans and merchandise.
In September and October 2020, federal wire fraud charges were filed separately against Johnson and Clarke, for using stolen identities to obtain COVID-19 Unemployment Insurance (UI) benefits. According to court documents filed in these proceedings, over the course of the investigation into the bank loan scheme, law enforcement discovered that Johnson and Clarke were executing a separate scheme involving COVID-19 UI benefits. Court records show that, Johnson and Clarke defrauded the U.S. Department of Labor, the State of Wisconsin, and the State of Arizona by submitting fraudulent claims for unemployment insurance benefits in the names of identity theft victims. During the relevant time-period, Johnson fraudulently obtained more than $189,912 in fraudulent unemployment benefits using the names of approximately 70 victims. Similarly, Clarke obtained over $79,000 in fraudulent UI benefits using the compromised identities of more than 60 victims.
In announcing the sentences, Judge Conrad stated regarding Johnson and Clarke’s COVID-19 fraud scheme that taking advantage of the pandemic was “strikingly reprehensible,” and noted that it is important to “punish defendants who seek to profit from national disasters.”
Acting U.S. Attorney Stetzer commended the U.S. Postal Inspection Service (USPIS) for their investigative efforts and thanked the Atlanta Regional Office of the U.S. Department of Labor, Office of the Inspector General, and the Charlotte Mecklenburg Police Department for their invaluable assistance.
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In a separate case, Judge Conrad also sentenced Malcolm Bynum, 29, of Charlotte, to 101 months in prison for aggravated identity theft and conspiracy to commit bank and wire fraud. Court documents filed in this case reveal that Bynum and his co-conspirators used the stolen PII of victims to create fake identifications they then used to obtain fraudulent loans and merchandise in the victims’ names. Over the course of the scheme, Bynum and his co-conspirators obtained more than $150,000 in fraudulent goods and loans.
Bynum’s case was investigated by USPIS and CMPD. The prosecution of both cases was handled by Assistant U.S. Attorney Jenny G. Sugar of the U.S. Attorney’s Office in Charlotte.
Charlotte Man Is Sentenced to Prison for Firearms OffenseRead the Press Release
CHARLOTTE, N.C. – Acting U.S. Attorney William T. Stetzer announced that Darryl Damon Leach, 36, of Charlotte, was sentenced yesterday to 94 months in prison and three years of supervised release for a firearms offense.
Vincent C. Pallozzi, Special Agent in Charge of the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), Charlotte Field Division, and Chief Johnny Jennings of the Charlotte Mecklenburg Police Department (CMPD) join Acting U.S. Attorney Stetzer in making this announcement.
According to filed documents and statements made in court, on March 5, 2020, CMPD officers responded to a service call at a Shell gas station located at 1125 Sugar Creek Road in Charlotte. The gas station clerk told officers responding to the scene that during his encounter with Leach, the defendant, who was accompanied by a female witness, produced a Hi-Point semiautomatic pistol and proceeded to punch the store clerk until the clerk fell to the ground. Leach and the female witness then fled the scene. Court records show that Leach has two prior convictions of Robbery with a Dangerous Weapon, and Second Degree Kidnapping and Burglary convictions and he is prohibited from possessing a firearm.
According to court records, Leach was arrested on March 14, 2020. When law enforcement apprehended Leach, they also recovered from his vehicle the firearm he used during the gas station incident. At the time of Leach’s arrest, the defendant was with the same female witness who was with Leach during his encounter with the gas station clerk. Leach was subsequently charged with state offenses and released on bond. While on bond, Leach and an accomplice assaulted the female witness, in an attempt to intimidate and induce her to claim that the firearm seized from Leach belonged to her. Court records show that Leach and his accomplice viciously beat, punched, and put the witness in a headlock. As a result, the witness sustained extensive injuries and required medical attention.
On December 20, 2020, Leach pleaded guilty to possession of a firearm by a convicted felon. As a result of Leach’s assault on the female witness, U.S. District Judge Robert J. Conrad Jr. enhanced Leach’s sentence for attempting to obstruct justice.
The investigation was handled by the ATF and CMPD. Assistant U.S. Attorney Taylor Stout of the U.S. Attorney’s Office in Charlotte prosecuted the case.
Charlotte Man Indicted for Straw Purchasing Firearms Appears in Federal CourtRead the Press Release
CHARLOTTE, N.C. – A Charlotte man charged with straw purchasing firearms and dealing in firearms without a license appeared in federal court in Raleigh, N.C. today, announced William T. Stetzer, Acting U.S. Attorney for the Western District of North Carolina. A federal grand jury in Charlotte indicted Thomas Evans Kelly, 28, in October. Federal agents arrested Kelly in Durham, N.C. on Tuesday, November 16, 2021.
Vincent C. Pallozzi, Special Agent in Charge of the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), Charlotte Field Division, joins Acting U.S. Attorney Stetzer in making today’s announcement.
According to allegations in the indictment, in August 2019, Kelly purchased three firearms from a licensed firearms dealer in Charlotte. Over the course of the transaction, Kelly made false and fictitious statements to the firearms dealer and falsely certified on federal forms associated with the purchase of the firearms that he was the actual buyer/transferee of the firearms. The indictment also alleges that between July 29, and October 1, 2019, Kelly engaged in the business of dealing in firearms without a license.
Kelly was released on bond after the hearing. The charge of making a false statement during the purchase of a firearm carries a maximum sentence of 10 years and a $250,000 fine. Dealing in firearms without a license has a statutory maximum penalty of five years in prison and a $250,000 fine.
The details contained in the indictment are allegations. The defendant is presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
The ATF led the investigation. Assistant U.S. Attorney Erik Lindahl of the U.S. Attorney’s Office in Charlotte is prosecuting the case.
Federal Judge Sentences Methamphetamine Trafficker to over 17 Years in PrisonRead the Press Release
CHARLOTTE, N.C. – James Kristoffer Cantley, 39, formerly of Newton, N.C., was sentenced today by U.S. District Judge Kenneth D. Bell to 210 months in prison and five years of supervised release for trafficking methamphetamine, announced William T. Stetzer, Acting U.S. Attorney for the Western District of North Carolina. In July 2021, Cantley pleaded guilty to drug trafficking conspiracy, possession with intent to distribute methamphetamine, and possession of a firearm in furtherance of drug trafficking.
Cantley is one of 14 defendants indicted by a federal grand jury in June 2020, for trafficking methamphetamine from Georgia into Western North Carolina. According to filed court documents and court proceedings, from 2018 through April 2019, the defendants were involved in a drug network that trafficked and distributed methamphetamine in Catawba, Lincoln, Caldwell, and Alexander Counties and elsewhere. Over the course of the investigation, law enforcement seized narcotics, at least 23 firearms, and more than $250,000 in drug proceeds.
The other 12 other defendants sentenced to date are:
- Michael James Notheisen, 35, of Vale, N.C., was sentenced to 240 months in prison and five years of supervised release.
- Tiffany Christmas Hirani, 34, of Monroe, Georgia, was sentenced to 210 months in prison and five years of supervised release.
- Aaron Douglas Goodson, 31, of Lincolnton, N.C., was sentenced to 210 months in prison and five years of supervised release.
- Brian Duane Martz, 42, was sentenced to 191 months in prison and five years of supervised release.
- Priscilla Chapman Lambert, 34, of Hickory, N.C., was sentenced to 151 months in prison and five years of supervised release.
- Thomas Dewayne Simmons, Jr., 35, of Monroe, Georgia, was sentenced to 150 months in prison and five years of supervised release.
- Ruth Marie Duggar, 38, of Claremont, N.C., was sentenced to 132 months in prison and five years of supervised release.
- Lowell Thomas Messer, 44, of Newton, N.C., was sentenced to 120 months in prison and five years of supervised release.
- Samantha Jean Taylor, 26, of Newton, N.C., was sentenced to 120 months in prison and five years of supervised release.
- Kimberly Deann Bumgarner, 57, of Granite Falls, N.C., was sentenced to 60 months in prison and two years of supervised release.
- Cynthia Roxanne Shook, 36, of Conover, N.C., was sentenced to 60 months in prison and two years of supervised release.
- Jason Keith Reichard, 39, of Ridgecrest, N.C., was sentenced to 36 months in prison and three years of supervised release.
The remaining defendant, Jonathan Corey Daniel, has pleaded guilty to drug trafficking conspiracy and possession with intent to distribute methamphetamine, and is currently awaiting sentencing.
In making today’s announcement Acting U.S. Attorney Stetzer thanked the following agencies for their investigative efforts which led to federal charges: the DEA in Charlotte, Asheville, and Atlanta; the North Carolina State Bureau of Investigation; the North Carolina State Highway Patrol; the Catawba County Sheriff’s Office; the Newton Police Department; the Conover Police Department; the Maiden Police Department; the Hickory Police Department; the Longview Police Department; the Caldwell County Sheriff’s Office; the Granite Falls Police Department; the Lincoln County Sheriff’s Office; the Cleveland County Sheriff’s Office; the Huntersville Police Department; the Cornelius Police Department; the Mint Hill Police Department; the Pineville Police Department; the Charlotte Mecklenburg Police Department; the Monroe Police Department; the Taylorsville Police Department; the Gaston County Police Department; the Georgia Highway Patrol; the Franklin County Sheriff’s Office in Georgia; the Georgia Bureau of Investigation; the Georgia Department of Corrections; the Clayton County Sheriff’s Office in Georgia; and the Commerce Police Department in Georgia.
Assistant U.S. Attorney Christopher Hess, of the U.S. Attorney’s Office in Charlotte, is prosecuting the case.
Charlotte Man Convicted of Armed Robbery and Firearms Offenses Is Sentenced to 26+ Years in PrisonRead the Press Release
CHARLOTTE, N.C. – Acting U.S. Attorney William T. Stetzer announced today that Ron McQuay Garland, 39, of Charlotte, was sentenced to 319 months in prison and five years of supervised release, for his role in a string of armed robberies, attempted armed robberies, and related firearms offenses.
Acting U.S. Attorney Stetzer is joined in making today’s announcement by Robert R. Wells, Special Agent in Charge of the Federal Bureau of Investigation (FBI), Charlotte Division, and Chief Johnny Jennings of the Charlotte-Mecklenburg Police Department.
According to filed court documents, evidence presented at Garland’s trial, and witness testimony, on August 19, 2019, Garland, robbed at gunpoint a Zaxby’s fast food restaurant, located at 8905 Albemarle Road in Charlotte. Garland entered the restaurant while brandishing a black semiautomatic pistol at the employees. Garland then ordered an employee to open the cash register and took approximately $1,000 in cash. Garland subsequently fled the scene with a co-defendant. According to trial evidence, on September 21, 2019, Garland also robbed a Family Dollar store located at 4130 Rozzelles Ferry Road, in Charlotte. As witnesses testified, Garland entered the store and brandished a handgun at a store employee. Garland then forced the employee to open the register and Garland stole approximately more than $1,000 before fleeing.
According to court documents and trial evidence, Garland also attempted to rob two other Charlotte area businesses. On August 21, 2019, Garland attempted to rob an Arby’s fast food restaurant, located at 2501 Little Rock Road in Charlotte. Garland entered the restaurant, pointed a handgun at the employees and demanded money from the cash register. Garland was unable to open the register but took an employee’s cell phone before fleeing the scene with a co-defendant. On February 11, 2020, Garland also attempted to rob a Jack-in-the-Box restaurant, located at 10121 North Tryon Street in Charlotte. Garland pointed a firearm at an employee who was taking out the trash and attempted to enter the restaurant, first through the back door and then through the front door but was ultimately unsuccessful. Garland stole a wallet from a customer in the parking lot after eventually abandoning the attempted robbery. Garland fled the scene with a co-defendant and was apprehended early the next morning by the FBI and CMPD.
In July 2021, a federal jury convicted Garland of two counts of robbery of a business affecting interstate commerce, or “Hobbs Act” Robbery; two counts of attempted Hobbs Act Robbery; two counts of possession of a firearm during and in relation to a crime of violence; and one count of felon in possession of a firearm. Garland’s co-defendant, Chan Tate, was previously sentenced after pleading guilty to aiding and abetting Hobbs Act Robbery and attempted Hobbs Act Robbery.
The investigation was handled by the FBI’s Violent Crimes Task Force and CMPD.
Assistant U.S. Attorneys William Bozin and Taylor Stout of the of the U.S. Attorney’s Office in Charlotte are in charge of the prosecution.
Anson County Man Is Sentenced to More Than Six Years on Drug and Gun ChargesRead the Press Release
CHARLOTTE, N.C. – Acting U.S. Attorney William T. Stetzer announced that Carnell Charles Caple Jr., 32, of Wadesboro, N.C., was sentenced yesterday to 76 months in prison and three years of supervised release on federal drug and gun charges.
Robert R. Wells, Special Agent in Charge of the FBI in Charlotte, and Chief Thedis Spencer of the Wadesboro Police Department join Acting U.S. Attorney Stetzer in making today’s announcement.
According to court documents and the sentencing hearing, on November 12, 2020, a Wadesboro Police Department detective conducted a traffic stop of the vehicle in which Caple was riding as a passenger. Over the course of the traffic stop, the officer asked the driver of the vehicle to step outside and instructed Caper to remain in the car. Caple did not comply and instead attempted to flee on foot. Law enforcement at the scene observed Caple discard a black bag while he ran with a firearm in his hand. Shortly thereafter, Caple tripped and fell and was placed under arrest.
According to court records, officers recovered Caple’s firearm, which was loaded with 15 rounds of ammunition and one additional round in the chamber. Law enforcement later determined that the firearm was stolen. Law enforcement also recovered Caple’s black bag, in which they found narcotics, drug paraphernalia, and another magazine loaded with 10 rounds of ammunition. Court records show that at the time of the offense Caple was on supervised release for a previous federal offense.
On July 22, 2021, Caple pleaded guilty to possession with intent to distribute methamphetamine and cocaine, and possession of a firearm by a convicted felon. He is currently in federal custody and will be transferred to custody of the federal Bureau of Prisons upon designation of a federal facility.
In making today’s announcement, Acting U.S. Attorney Stetzer thanked the FBI and the Wadesboro Police Department for their investigation of the case. Assistant United States Attorney Regina Pack, of the U.S. Attorney’s Office in Charlotte, prosecuted the case.
This case is being prosecuted as part of the joint federal, state, and local Project Safe Neighborhoods (PSN) Program, the centerpiece of the Department of Justice’s violent crime reduction efforts. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
Charlotte Man Is Sentenced to More Than Nine Years for Drug Trafficking and Firearms OffensesRead the Press Release
CHARLOTTE, N.C. – Louie Raymond Forney, 30, of Charlotte, was sentenced on Monday, November 8, 2021, to 118 months in prison for drug trafficking and firearms offenses, and for violating the terms of his supervised release, announced William T. Stetzer, Acting U.S. Attorney for the Western District of North Carolina. U.S. District Judge Max O. Cogburn Jr. also ordered Forney to serve three years of supervised release after he completes his prison term.
Vincent C. Pallozzi, Special Agent in Charge of the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), Charlotte Field Division, and Chief Johnny Jennings of the Charlotte-Mecklenburg Police Department (CMPD) join Acting U.S. Attorney Stetzer in making today’s announcement.
According to filed court documents and the sentencing hearing, on June 26, 2020, CMPD officers attempted to conduct a traffic stop of the vehicle Forney was driving. Forney did not comply and instead attempted to evade the police by driving at high speed. Over the course of the pursuit, law enforcement observed Forney throwing a backpack out of the vehicle. A short while later, Forney stopped the vehicle and was subsequently arrested by CMPD officers while he attempted to flee on foot. Court records show that law enforcement recovered Forney’s backpack, which contained a mixture of fentanyl and heroin, and an assault rifle loaded with a high-capacity magazine. Court records also show that Forney was on federal supervised release for a previous federal firearms conviction when he committed the new offenses.
On June 10, 2021, Forney pleaded guilty to possession with intent to distribute fentanyl and heroin and possession of a firearm by a convicted felon. He is currently in federal custody, and upon designation of a federal facility, he will be transferred into custody of the federal Bureau of Prisons.
ATF and CMPD investigated the case. Assistant United States Attorney Taylor G. Stout of the U.S. Attorney’s Office in Charlotte prosecuted the case.
This case is being prosecuted as part of the joint federal, state, and local Project Safe Neighborhoods (PSN) Program, the centerpiece of the Department of Justice’s violent crime reduction efforts. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
Wadesboro, N.C. Man Is Sentenced to More Than Eight Years for Federal Fireams OffenseRead the Press Release
CHARLOTTE, N.C. – Acting U.S. Attorney William T. Stetzer announced today that Dallas Devon Leak, 28, of Wadesboro, N.C. was sentenced to 100 months in prison and two years of supervised release for a federal firearms offense.
Vincent C. Pallozzi, Special Agent in Charge of the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), Charlotte Field Division, and Chief Thedis Spencer of the Wadesboro Police Department (Wadesboro PD) join Acting U.S. Attorney Stetzer in making today’s announcement.
According to court documents and today’s sentencing hearing, on April 8, 2020, at approximately 10:17 p.m., the Wadesboro Police Department received a 911 call regarding a burglary and shooting at a residence in Anson County. The officers who responded to the scene found a male victim inside the residence with an apparent gunshot wound to his leg. Officers located Leak during a subsequent search of a wooded area behind the victim’s home. When the officers found Leak, he was lying face down on top of a firearm, which was loaded with a large capacity magazine and one round in the chamber. Over the course of the investigation, law enforcement determined that Leak’s firearm had previously been reported stolen.
On January 13, 2021, Leak pleaded guilty to possession of a firearm by a convicted felon. He is currently in federal custody and will be transferred to custody of the federal Bureau of Prisons upon designation of a federal facility. In making today’s announcement, Acting U.S. Attorney Stetzer thanked the ATF and the Wadesboro Police Department for their investigation of the case.
Assistant United States Attorney Regina Pack, of the U.S. Attorney’s Office in Charlotte, prosecuted the case. This case is being prosecuted as part of the joint federal, state, and local Project Safe Neighborhoods (PSN) Program, the centerpiece of the Department of Justice’s violent crime reduction efforts. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
Charlotte Woman Is Sentenced to More Than Nine Years for Assaulting A U.S. Probation OfficerRead the Press Release
CHARLOTTE, N.C. – Tamara Devonna McClellan, 32, of Charlotte, was ordered to serve 115 months in prison late yesterday for assaulting a federal Probation Officer, announced William T. Stetzer, Acting U.S. Attorney for the Western District of North Carolina. U.S. District Judge Max O. Cogburn Jr. also ordered McClellan to serve three years under court supervision upon completion of her prison term.
According to filed documents and statements made in court, on December 20, 2019, law enforcement attempted to detain McClellan at her residence in Charlotte. Upon seeing the law enforcement officers, McClellan got into the driver’s seat of an SUV vehicle parked on the driveway. As a U.S. Probation Officer handcuffed one of McClellan’s wrists, McClellan put the vehicle in reverse, knocking down the Probation Officer. As a result, the Probation Officer sustained serious physical injuries from the vehicle as McClellan fled the scene. The abandoned vehicle was located a few blocks from the scene. On December 24, 2019, Deputy U.S. Marshals apprehended McClellan in Rustburg, VA.
On March 3, 2021, McClellan pleaded guilty to assault with a deadly weapon on a federal officer in the performance of her duties, inflicting bodily injury. McClellan is currently in federal custody and will be transferred to the custody of the Bureau of Prisons upon designation of a federal facility.
In making today’s announcement, Acting U.S. Attorney Stetzer thanked the Bureau of Alcohol, Tobacco, Firearms & Explosives, the U.S. Probation Office, the U.S. Marshals Service, and the Charlotte Mecklenburg Police Department for their investigation of the case.
Assistant U.S. Attorney Robert Gleason, of the U.S. Attorney’s Office in Charlotte, prosecuted the case.
Supplier of Drug Network Is Sentenced to 30 Years in PrisonRead the Press Release
CHARLOTTE, N.C. – The supplier of a local drug network has been sentenced to 30 years in prison, announced William T. Stetzer, Acting U.S. Attorney for the Western District of North Carolina. Matthew Wondra, 34, of Murphy, N.C., was also ordered to serve five years of supervised release after he is released from prison.
According to court documents and yesterday’s sentencing hearing, in September 2018, law enforcement became aware that Wondra was operating as a supplier for a local drug network in Cherokee and Graham Counties and elsewhere. Court records show that Wondra frequently traveled to Georgia to purchase kilogram quantities of methamphetamine and heroin, which he then distributed to dealers in Western North Carolina. Throughout the investigation, Wondra engaged in multiple drug transactions, and at times possessed firearms in connection with his drug trafficking activities. On one occasion, Wondra put a gun to the head of a person he accused of stealing drug proceeds from him during the course of the conspiracy and he threatened to kill that person. According to filed documents, from September 2018 to August 2019, Wondra was responsible for purchasing and distributing more than 19 kilograms of methamphetamine and over three kilograms of heroin.
On October 30, 2020, Wondra pleaded guilty to conspiracy to possess with intent to distribute methamphetamine and heroin. At yesterday’s court hearing, Wondra received sentencing enhancements for weapons possession, making a credible threat, maintaining a premises for the purpose of storing and distributing controlled substances, and for his leadership role during the drug conspiracy.
Wondra’s co-defendants, Jamie Allen and Derek Wilson, were previously sentenced to 10 years and 4.25 years in prison, respectively, for their role in the conspiracy.
In making today’s announcement, Acting U.S. Attorney Stetzer thanked the Drug Enforcement Administration’s Asheville Post of Duty; the Bureau of Indian Affairs; the Bureau of Alcohol, Tobacco, Firearms and Explosives; the U.S. Postal Inspection Service; the Cherokee County Sheriff’s Office; the Jackson County Sheriff’s Office; the Swain County Sheriff’s Office; the Graham County Sheriff’s Office; the Buncombe County Sheriff’s Office; the Henderson County Sheriff’s Office; the Rutherford County Sheriff’s Office; the Cherokee Indian Police Department; the Murphy Police Department; and the Asheville Police Department for their investigation of the case.
Assistant U.S. Attorney Thomas Kent, of the U.S. Attorney’s Office in Asheville, prosecuted the case.
This case is part of an Organized Crime Drug Enforcement Task Force (OCDETF) investigation. OCDETF identifies, disrupts, and dismantles the highest-level drug traffickers, money launderers, gangs, and transnational criminal organizations by using a prosecutor-led, intelligence-driven, multi-agency approach that leverages the strengths of federal, state, and local law enforcement agencies against criminal networks. Additional information about the OCDETF Program can be found at https://www.justice.gov/OCDETF.
Asheville Woman Is Sentenced to 14 Years for Trafficking in NarcoticsRead the Press Release
CHARLOTTE, N.C. – Acting U.S. Attorney William T. Stetzer announced today that Krissy Marie Biddix, 43, of Asheville, was sentenced to 14 years in prison followed by four years of supervised release for trafficking in narcotics.
According to filed court documents and today’s sentencing hearing, on January 7, 2020, at approximately 8:50 p.m., an officer with the Weaverville Police Department conducted a traffic stop of Biddix’s vehicle for driving with an expired license plate. Over the course of the traffic stop, the officer determined that Biddix had three outstanding state warrants for probation violations and failure to appear in court. Court records show that Biddix was taken into custody and during a subsequent search of the Biddix’s vehicle law enforcement seized trafficking quantities of several types of controlled substances, including fentanyl, methamphetamine, heroin, cocaine and crack cocaine, as well as hydrocodone, Xanax and marijuana. Law enforcement also seized six doses of Narcan, which is used to rapidly reverse the effects of an opioid overdose, a loaded firearm, and more than $4,300 in cash.
On January 22, 2021, Biddix pleaded guilty to possession with intent to distribute controlled substances. She is currently in federal custody and will be transferred to the custody of the federal Bureau of Prisons upon designation of a federal facility.
In making today’s announcement, Acting U.S. Attorney Stetzer thanked the Drug Enforcement Administration’s Asheville Post of Duty, the Buncombe County Sheriff’s Office, the Weaverville Police Department, and the Asheville Police Department for their investigation of the case.
Assistant U.S. Attorney Thomas Kent, of the U.S. Attorney’s Office in Asheville, prosecuted the case.
Utah Man Is Sentenced to Three and A Half Years for $850,000 Investment Scheme Involving Start-Up Mining CompanyRead the Press Release
CHARLOTTE, N.C. – Acting U.S. Attorney William T. Stetzer announced that a Utah man was sentenced to 42 months in prison for orchestrating an investment scheme involving a start-up mining and precious metals company. Andrew Malcolm Lovett, 60, and a former resident of Cornelius, N.C., also was ordered to serve two years under court supervision after he is released from prison and to pay more than $820,000 as restitution. U.S. District Judge Kenneth D. Bell handed down Lovett’s sentence.
Mona Passmore, Acting Special Agent in Charge of the Internal Revenue Service, Criminal Investigation Division, Charlotte Field Office (IRS-CI), Robert R. Wells, Special Agent in Charge of the Federal Bureau of Investigation (FBI), Charlotte Division, and Tommy D. Coke, Inspector in Charge of the Atlanta Division of the U.S. Postal Inspection Service, which oversees Charlotte, join Acting U.S. Attorney Stetzer in making today’s announcement.
According to court documents and today’s sentencing hearing, from 2014 to 2016, Lovett defrauded more than 30 victims out of nearly $850,000 by convincing them to invest in a start-up mining and precious metals company, Safari Minerals, Inc. (Safari), and other entities with which Lovett was affiliated, by falsely telling them their money would be used to grow Safari and to develop various purported mining projects. Among other things, Lovett described Safari to his investors as “an emerging junior exploration and mining company” that focused on acquiring and developing properties in Nevada which “contains an abundance of … Gold, Silver, Platinum Group Metals and Rare Earth Elements….” Lovett also misled investors by touting his experience as a seasoned businessman with a wealth of knowledge in the mining industry and promoted his reputation as a man of faith.
As Lovett previously admitted in court, over the course of the scheme, Lovett lied to investors about the progress and viability of Safari, and failed to disclose to investors his previous criminal history, including his previous conviction for bank fraud. Lovett also did not tell his victims he diverted several hundred thousand dollars from Safari for his own personal use. In fact, rather than use the victims’ money to grow Safari’s business as promised, Lovett used a significant portion of the investments to pay for rent, entertainment and travel, and other personal expenses, and to make Ponzi-style payments to other victim investors.
In March 2021, Lovett pleaded guilty to securities fraud and transactional money laundering.
In making today’s announcement Acting U.S. Attorney Stetzer thanked IRS-CI, FBI, and USPIS for their investigation of the case.
Assistant United States Attorneys Daniel Ryan and Caryn Finley, of the U.S. Attorney’s Office in Charlotte, prosecuted the case.
Statesville Man Is Sentenced to More Than 15 Years for Federal Firearms OffenseRead the Press Release
CHARLOTTE, N.C. – Acting U.S. Attorney William T. Stetzer announced today that Phong Duc Nguyen, 35, of Statesville, N.C., was sentenced to 182 months in prison and five years of supervised release for a federal firearms offense.
According to court documents and today’s sentencing hearing, in the early hours of November 25, 2019, an officer with the Monroe Police Department conducted a traffic stop of the vehicle Nguyen was driving. Over the course of the traffic stop, the officer determined that Nguyen’s license was suspended and that there were multiple outstanding warrants for his arrest. While placing Nguyen under arrest, the officer located a firearm holster and ammunition in Nguyen’s pants pocket. Court records show that when the officer searched Nguyen’s vehicle, he located a firearm on the right side of the driver’s seat, and found marijuana and crack cocaine elsewhere inside the vehicle.
On February 17, 2021, Nguyen pleaded guilty to possession of a firearm by a convicted felon. At today’s sentencing hearing, the Court classified Nguyen as an “Armed Career Criminal.”
Nguyen is currently in federal custody and will be transferred to custody of the Federal Bureau of Prisons upon designation of a federal facility.
In making today’s announcement, Acting U.S. Attorney Stetzer thanked the Federal Bureau of Investigation, the Bureau of Alcohol, Tobacco, Firearms and Explosives, and the Monroe Police Department for their investigation of the case.
Assistant United States Attorney Stephanie Spaugh, of the U.S. Attorney’s Office in Charlotte, prosecuted the case.
Bloods Gang Member Is Sentenced to More Than 13 Years for Drug TraffickingRead the Press Release
CHARLOTTE, N.C. – Today, U.S. District Judge Frank D. Whitney ordered Robert Allen McClinton, 32, of Charlotte, to serve 135 months in prison and eight years of supervised release on drug trafficking charges, announced William T. Stetzer, Acting U.S. Attorney for the Western District of North Carolina. Judge Whitney also ordered McClinton to serve an additional consecutive 24 months in prison for violating the terms of his supervised release.
Robert R. Wells, Special Agent in Charge of the FBI in Charlotte, and Chief Johnny Jennings of the Charlotte Mecklenburg Police Department (CMPD), join Acting U.S. Attorney Stetzer in making today’s announcement.
McClinton, who is a member of the United Blood Nation (Bloods) gang, was previously sentenced to 43 months in federal prison, after pleading guilty to RICO Conspiracy and possession with intent to distribute crack cocaine. According to court documents, on September 5, 2019, while McClinton was on supervised release, a CMPD officer attempted to conduct a traffic stop of the vehicle McClinton was driving. McClinton at first complied and stopped at a gas station, however, when the CMPD officer approached McClinton’s vehicle, McClinton sped off at a high speed and came close to striking the officer. Law enforcement proceeded to follow McClinton while he attempted to evade the police. Court records show that CMPD officers arrested McClinton after his vehicle collided into a tree. Over the course of the investigation law enforcement seized narcotics from McClinton and his vehicle. On May 11, 2021, a federal jury convicted McClinton of two counts of possession with intent to distribute cocaine and crack cocaine.
McClinton is currently in federal custody and will be transferred to the custody of the federal Bureau of Prisons, upon designation of a federal facility.
The investigation was conducted by the FBI and CMPD. Assistant U.S. Attorneys Christopher Hess and Taylor Stout, of the U.S. Attorney’s Office in Charlotte, prosecuted the case.
Indian Trail Man Is Sentenced to Three and A Half Years for Investment SchemeRead the Press Release
CHARLOTTE, N.C. – Acting U.S. Attorney William T. Stetzer announced today that Bryan John Cohen, 46, of Indian Trail, N.C. was ordered to serve 42 months in prison and a year of supervised release for orchestrating an investment scheme. He was also ordered to pay $291,000 as restitution.
Robert R. Wells, Special Agent in Charge of the Federal Bureau of Investigation (FBI), in North Carolina, joins Acting U.S. Attorney Stetzer in making today’s announcement.
According to filed court documents and the sentencing hearing, from 2015 to 2020, Cohen defrauded at least 10 victims of more than $385,000, by inducing them to invest money in his purported investment businesses, OTC Bully, Ascension Trading, and Recharge Investments, and in other business ventures. Court records show that Cohen falsely represented to victims, most of whom were Cohen’s friends and acquaintances, that he was a financially savvy investor with a successful track record in the financial industry, and that he would invest their funds using a computer algorithm called the “Dewey System.”
As Cohen previously admitted in court, to convince victims their investments were legitimate, Cohen provided them with bogus Investment Agreements that purported, among other things, that Cohen would not charge any investment fees, and that the money would be invested in a manner “expected of a reputable, experienced and competent professional investment manager.” To further lull victims into thinking their investments were safe, Cohen supplied them with fake profit and loss sheets on a monthly basis, which falsely indicated the victims’ investments were growing.
Contrary to claims Cohen made to his victims, court documents show that Cohen did not invest their money as promised. Rather, Cohen used the money to pay for personal expenses and to make Ponzi-style payments to older investors using new investors’ money. In November 2020, Cohen pleaded guilty to wire fraud.
In making today’s announcement, Acting U.S. Attorney Stetzer thanked the FBI in Charlotte, and the North Carolina Department of Public Safety, Special Operations and Intelligence Unit, for their investigation.
Assistant U.S. Attorney Maria Vento, of the U.S. Attorney’s Office in Charlotte, prosecuted the case.
Charlotte Tax Preparer Is Sentenced to More than Five Years for $3 Million Tax FraudRead the Press Release
CHARLOTTE, N.C. – U.S. District Judge Robert J. Conrad Jr. sentenced Andrivia Wells, 54, of Charlotte, today to 70 months in prison for tax fraud, announced William T. Stetzer, Acting U.S. Attorney for the Western District of North Carolina. Wells, who also goes by the names Tina Smith, Tina Harris, Andrivia Smith, and Andrivia Harris, was also ordered to serve one year under court supervision and to pay $3,373,595 as restitution.
Mona Passmore, Acting Special Agent in Charge of the Internal Revenue Service, Criminal Investigation Division (IRS-CI), Charlotte Field Office, joins Acting U.S. Attorney Stetzer in making today’s announcement.
According to filed court documents and today’s sentencing hearing, beginning in at least 2011 and continuing through June 2019, Wells owned and operated Rush Tax Service, a return preparation business with multiple locations in Charlotte. Between 2013 and 2017, Wells prepared, or caused to be prepared, more than 6,000 tax returns that falsely claimed more than $3 million in refunds. Wells and Rush Tax Service received over $1.2 million in fees from her clients. The tax preparation fees were taken directly from the clients’ tax refunds and in many cases the clients were unaware of how much they were being charged, which was frequently more than $500.
Court records also show that Wells prepared income tax returns for clients for 2013 through 2018 that claimed false filing statuses, false American Opportunity and education credits, and false fuel tax credits, among others, in order to inflate refunds paid by the IRS. In addition to filing fraudulent income tax returns for her clients, Wells falsified her own income tax returns by underreporting the fees she earned in her tax preparation business for tax years 2014, 2015, 2016, and 2017, and in 2018, she failed to file any tax return with the IRS. In addition, her 2012 through 2017 tax returns also falsely claimed American Opportunity credits and fuel tax credits, and the incorrect filing status.
On May 17, 2017, after being notified she was the subject of a criminal investigation and after being served a summons for records of Rush Tax Service, a fire was intentionally set at Rush Tax Service’s Beatties Ford Road location. The fire destroyed client files, financial records, and computer hardware. Subsequently, a grand jury subpoena was served on Rush Tax Service for records. It was at a February 2019 grand jury appearance that the government was first alerted to the May 2017 fire. After the indictment was returned on June 20, 2019, Wells was arrested and detained. On June 30, 2019, a second fire was intentionally set destroying Rush Tax Service documents that were responsive to the grand jury subpoena. At today’s sentencing, the Court found that Wells obstructed the administration of justice with respect to the investigation and prosecution of the offense and stated that this was “one fire too many.” As a result, the Court also found that Wells did not accept responsibility for her crimes.
In announcing today’s sentence, Judge Conrad said Wells “showed a profound disrespect for the law” and that “the tax structure breaks down when taxpayers and tax preparers” file false tax returns.
Wells pleaded guilty to aiding and assisting in the filing of false tax returns and filing a false tax return.
Acting U.S. Attorney Stetzer commended IRS-CI for their investigation of the case. Assistant U.S. Attorney Caryn Finley with the U.S. Attorney’s Office in Charlotte prosecuted the case.
Previously Convicted Fraudster Is indicted on Federal ChargesRead the Press Release
CHARLOTTE, N.C. – Joseph A. DiBruno, Jr., 52, of Gastonia, N.C., was indicted by a federal grand jury on bank fraud charges, announced William T. Stetzer, Acting U.S. Attorney for the Western District of North Carolina. The indictment was unsealed this morning following DiBruno’s arrest and initial appearance before U.S. Magistrate Judge David C. Keesler.
Robert R. Wells, Special Agent in Charge of the Federal Bureau of Investigation (FBI), Charlotte Division, and Tommy D. Coke, Inspector in Charge of the Atlanta Division of the U.S. Postal Inspection Service, which oversees Charlotte, join Acting U.S. Attorney Stetzer in making today’s announcement.
According to the indictment, in 2008, DiBruno was sentenced to 262 months in prison after pleading guilty in the Western District of North Carolina to conspiracy to defraud the United States, money laundering conspiracy, and concealment of assets. On April 8, 2020, DiBruno was approved by the federal Bureau of Prisons for placement on home confinement due to the COVID-19 pandemic. The indictment alleges that after his release to home confinement in May 2020, DiBruno obtained or attempted to obtain loans from at least two financial institutions, based on fraudulent statements and false information he submitted on loan applications. For example, on one loan application DiBruno falsely claimed that he had been employed as Director of Data Analytics by a company listed as M.R.S., that he earned an average monthly salary of up to $8,000, and that had he had lived at the residential address listed on the application for over four years, all of which information was untrue. The indictment also alleges that between May 2020 and June 2021, DiBruno submitted at least five fraudulent loan applications to two financial institutions seeking funds totaling over $120,000.
DiBruno is charged with five counts of making false statements to a credit union. Each count carries a penalty of 30 years in prison and a $1million fine.
The details contained in the indictment are allegations. The defendant is presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
The FBI and USPIS led the investigation. Assistant U.S. Attorney Caryn Finley of the U.S. Attorney’s Office in Charlotte is prosecuting the case.
Charlotte Man Is Sentenced to Nine Years for Robbing Store Owner at GunpointRead the Press Release
CHARLOTTE, N.C. – U.S. District Judge Max O. Cogburn, Jr. sentenced Solomon Davon Gilliam, 37, of Charlotte today to 108 months in prison for robbing a store owner at gunpoint, announced William T. Stetzer, Acting U.S. Attorney for the Western District of North Carolina. Judge Cogburn also ordered Gilliam to serve two years of supervised release after he is released from prison.
Richard R. Wells, Special Agent in Charge of the Federal Bureau of Investigation (FBI), Charlotte Division, and Chief Johnny Jennings, of the Charlotte-Mecklenburg Police Department, join Acting U.S. Attorney Stetzer in making today’s announcement.
According to filed court documents and today’s sentencing hearing, on June 30, 2018, at approximately 2:00 p.m., Gilliam entered Tobacco 2022, a retail store located at 2020 Beatties Ford Road in Charlotte. The store owner, M.D., and Gilliam were alone inside the store at the time. Soon after entering, Gilliam approached M.D. and struck him in the back of the head, causing M.D. to fall down. While holding a pistol in his hand, Gilliam ordered M.D. to hand over his wallet. The victim complied and Gilliam took $500 from the victim’s wallet along with the victim’s phone. Gilliam then threatened to kill M.D. if M.D. did not open the store’s register. The victim opened the register and Gilliam took approximately $2,800 in cash. After ordering the victim to stand in the corner, Gilliam fled the store on foot. Gilliam was later arrested by law enforcement in South Carolina.
In July 2020, Gilliam pleaded guilty to robbery of a business affecting interstate commerce, or Hobbs Act robbery. He is currently in custody and will be transferred to the custody of the Federal Bureau of Prisons upon designation of a federal facility.
The investigation was handled by the FBI and CMPD. Assistant U.S. Attorney William Bozin, of the U.S. Attorney’s Office in Charlotte, prosecuted the case.
Virginia Man Indicted for Investment SchemeRead the Press Release
CHARLOTTE, N.C. – A federal grand jury in Charlotte has indicted a Virginia man for allegedly orchestrating an investment scheme that defrauded victims of more than $740,000, announced William T. Stetzer, Acting U.S. Attorney for the Western District of North Carolina.
Reginald DeMatteis, Special Agent in Charge of the United States Secret Service, Charlotte Field Office, joins Acting U.S. Attorney Stetzer in making today’s announcement.
According to allegations contained in the indictment, from 2009 to October 2021, Michael Mandel Baldwin, 52, of Alexandria, Virginia, was the Chief Executive Officer of the Miracle Mansion, LLC (Miracle Mansion). The indictment alleges that over the course of the scheme, Baldwin made numerous fraudulent representations to victim-investors about the purpose, legitimacy, and success of Miracle Mansion, and solicited investments from a Charlotte-area church and its members, and other individuals and entities located throughout the United States, including in Virginia, Arkansas, Florida, and Georgia.
As part of the fraudulent investment scheme, Baldwin allegedly created and distributed promotional materials to potential investors that described Miracle Mansion as “a one-of-a-kind entertainment complex that [would] reshape the face of family entertainment in the Washington Metropolitan region,” with a mission “to provide a high-quality performing arts experience that promotes family-focused inspiration, entertainment and enrichment anchored by a Biblical worldview.” Baldwin also held in-person and virtual meetings with potential investors, during which he falsely claimed the investors’ money would be used to develop Miracle Mansion, including to purchase the land on which Miracle Mansion would be located. As alleged in the indictment, Baldwin also falsely represented to potential investors that The Kennedy Center and high-level executives at Hobby Lobby and Chick-Fil-A had endorsed and supported Miracle Mansion. The indictment further alleges that Baldwin described to investors several investment opportunities, including “GroundSwell 73,” which was described as “73 acres = 7,300 people, investing $73 per month, for 73 months.”
The indictment also alleges that, contrary to Baldwin’s representations to investors, rather than using the victims’ money to further Miracle Mansion’s purpose, Baldwin spent hundreds of thousands of dollars on his personal lifestyle, including to pay for personal expenses, travel, and meals at restaurants, and to make credit card payments and cash withdrawals. He also allegedly used a portion of the victims’ money to pay others involved in Miracle Mansion, and to make Ponzi style payments to other investors.
Baldwin is charged with wire fraud, which carries a maximum prison term of 20 years and a $250,000 fine, and securities fraud, which carries a maximum prison term of 20 years and a $5 million fine.
The details contained in the indictment are allegations. The defendant is presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
The U.S. Secret Service led the investigation. Assistant U.S. Attorney Caryn Finley of the U.S. Attorney’s Office in Charlotte is prosecuting the case.
Jury Convicts Liberian National for His Role in an Online Romance Scam Targeting Elderly VictimsRead the Press Release
CHARLOTTE, N.C. – A federal jury in Charlotte has convicted Michael Moore, 39, a Liberian national residing in the Philadelphia area, for his involvement in an online romance scam that targeted older adults, announced William T. Stetzer, Acting U.S. Attorney for the Western District of North Carolina. U.S. District Judge Robert J. Conrad Jr. presided over the two-day trial which ended late yesterday.
Ronnie Martinez, Special Agent in Charge of U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI) in Charlotte, and Barry Chastain, Port Director of the U.S. Customs and Border Protection (CBP) Area in Charlotte join Acting U.S. Attorney Stetzer in making today’s announcement.
According to court documents, trial evidence, and witness testimony, beginning in January 2016, Moore and others engaged in a fraudulent scheme to defraud unsuspecting victims, many of whom were in or near retirement, by perpetrating an online romance scam. Trial evidence established that Moore and his co-conspirators generally targeted victims through Facebook, senior dating websites, and other social media platforms, convincing them through online communications that they were romantically interested in them. The fraudsters, who often said they were overseas for work, would then start asking for money, often falsely telling the victims the money was for plane tickets or to otherwise facilitate their travel to visit the victim. After the victim initially sent money as requested, Moore and his fellow fraudsters would tell additional lies about additional fees or costs that purportedly has to be paid to facilitate the visit from the person who purported to be in love with the victim. Evidence at trial showed that Moore and his fellow fraudsters would continue to solicit money from victims till they had no more money left.
Trial evidence showed that Moore served the fraud scheme as the “money man” or “bag man” purchasing one way tickets and flying around the country to meet unsuspecting victims and pick up cash from them in multiple cities. Moore was caught trying to fly out of Charlotte with $75,000 in cash, which he had taken from one of the victims. Evidence at trial also showed Moore taking pictures and making videos bragging with piles of cash taken from victims.
The evidence also showed that victims were repeatedly directed to deposit money into accounts held in the names of third parties. In total, Moore and his co-conspirators stole over $1.5 million from at least 30 victims through this fraud scheme.
The evidence at trial further established that Moore lied to CBP officers and ICE-HSI agents when he was questioned at Charlotte Douglas International Airport after being caught attempting to carry $75,000 in cash through airport security. Instead of telling law enforcement the truth – that he had received the cash from a victim the previous day – he told them a story about receiving the money from a Liberian government official to buy used cars. Later, Moore made similar false statements and representations on a federal form in an attempt to have the $75,000 returned to him.
The jury convicted Moore of wire fraud, which carries a maximum prison term of 20 years and a $250,000 fine, and two counts of making a false statement to an agency of the United States, which carries a maximum prison term of five years and a $250,000 fine.
In making today’s announcement, Acting U.S. Attorney Stetzer thanked CBP and HSI for handling the investigation.
Assistant U.S. Attorneys Maria Vento and Daniel Ryan, of the U.S. Attorney’s Office in Charlotte, are in charge of the prosecution.
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The U.S. Attorney’s Office Elder Justice Initiative aims to combat elder financial exploitation by expanding efforts to investigate and prosecute financial scams that target seniors; educate older adults on how to identify scams and avoid becoming victims of financial fraud; and promote greater coordination with law enforcement partners. For more information please visit: https://www.justice.gov/usao-wdnc/elder-justice-initiative
Examples of financial scams targeting seniors are:
- Lottery phone scams – in which the callers convince seniors that a large fee or taxes must be paid before they can receive lottery winnings.
- Grandparent scams – which convince seniors that their grandchildren are in trouble and need money to make rent, repair a car, or even money for bail.
- Romance scams – which lull victims to believe that their online paramour needs funds for a U.S. visit or some other purpose.
- IRS imposter scams – which defraud victims by posing as IRS agents and claiming that victims owe back taxes.
- Sham business opportunities – which convince victims to invest in lucrative business opportunities or investments.
To avoid falling victim to a financial scam:
- Don’t share personal information with anyone you don’t know.
- Don’t pay a fee for a prize or lottery winning.
- Don’t click on pop-up ads or messages.
- Delete phishing emails and ignore harassing phone calls.
- Don’t send gift cards, checks, money orders, wire money, or give your bank account information to a stranger.
- Don’t fall for a high-pressure sales pitch or a lucrative business deal.
- If a scammer approaches you, take the time to talk to a friend or family member.
- Keep in mind that if you send money once, you’ll be a target for life.
- Remember, it’s not rude to say, “NO.”
- A good rule of thumb is, if it’s too good to be true, it’s likely a scam.
If you have been contacted by a scammer or believe you have fallen victim to a scam, please contact the Justice Department’s Elder Fraud Hotline at 1-833-Fraud-11 (1-833-372-8311). The National Elder Fraud hotline was created for the public to report fraud against individuals who are age 60 or older. The hotline is open seven days a week. For more information about the hotline, please visit https://stopelderfraud.ovc.ojp.gov/.
Office Manager Is Sentenced to Four Years for Embezzling More Than $1 Million from His Former EmployerRead the Press Release
CHARLOTTE, N.C. – Richard Allen Clark, 55, of Lenoir, N.C., was sentenced to 48 months in prison today for embezzling more than $1 million from his former employer, announced William T. Stetzer, Acting U.S. Attorney for the Western District of North Carolina. In addition to the prison term imposed, U.S. District Judge Kenneth D. Bell also ordered Clark to serve three years of supervised release, and to pay $980,000 as restitution to his victims and $194,750 to the IRS.
Mona Passmore, Acting Special Agent in Charge of the IRS, Criminal Investigation Division, Charlotte Field Office (IRS-CI), and Tommy D. Coke, Inspector in Charge of the Atlanta Division of the U.S. Postal Inspection Service, which oversees Charlotte, join Acting U.S. Attorney Stetzer in making today’s announcement.
According to filed court documents and statements made in court, from 2013 to 2019, Clark was employed as an office manager for two family-owned businesses in Lenoir, and was responsible for, among other things, handling the companies’ bookkeeping and financial records, making payments to vendors and the IRS, and reconciling the companies’ bank accounts. Clark used his position and his access to the companies’ financial records and bank accounts to embezzle more than $1 million from his employers. Court records show that Clark stole money from a company bank account the owner had directed Clark to close. Instead of closing the account, Clark used it to steal from his employer, by instructing customers to make payments to that account.
Clark also admitted that he laundered the funds he embezzled from his employer by withdrawing customer funds from the company’s bank account through multiple fraudulent checks payable to himself, which he deposited into personal bank accounts. Clark then used the stolen funds to pay for his personal lifestyle, including to make payments for his home mortgage, to make auto loan payments for an F-150 truck and other vehicles, to install a home theater system, and to pay for travelling and shopping expenses, among other things.
Clark also filed a fraudulent U.S. income tax return for tax year 2018 by deliberately failing to claim the additional income he stole from his employers.
At today’s sentencing hearing, representatives of the victim company spoke in Court about the detrimental impact of Clark’s fraud on their company, and the personal and financial hardship they sustained as a result of the defendant’s criminal conduct.
On June 3, 2021, Clark pleaded guilty to mail fraud, money laundering, and making a false statement on his tax return. He will be ordered to report to the federal Bureau of Prisons upon designation of a federal facility.
In making today’s announcement, Acting U.S. Attorney Stetzer commended IRS-CI and USPIS for their investigation of the case and thanked the Caldwell County Sheriff’s office for their invaluable assistances.
Assistant U.S. Attorney Michael Savage of the U.S. Attorney’s Office in Charlotte prosecuted the case.
Boone, N.C. Man Is Sentenced to 25 Years for Production of Child PornographyRead the Press Release
CHARLOTTE, N.C. – Today, U.S. District Judge Kenneth D. Bell sentenced Frank Darrell Cromwell, 25, of Boone, N.C., to 25 years in prison for producing child pornography, announced William T. Stetzer, Acting U.S. Attorney for the Western District of North Carolina. Cromwell was also ordered to pay special assessments in the amount of $55,100, to serve a lifetime of supervised release, and to register as a sex offender after he is released from prison.
Ronnie Martinez, Special Agent in Charge of U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI) in North Carolina and South Carolina, and Chief Andy LeBeau of the Boone Police Department, join Acting U.S. Attorney Stetzer in making today’s announcement.
According to court records and today’s hearing, between December 2018 and February 2019, Cromwell used Snapchat to convince multiple minor victims that Cromwell was a female, and to communicate with the minors. During the relevant time period, Cromwell induced and sometimes coerced the minor victims to engage in sexually explicit conduct and to send explicit images and videos to Cromwell.
“Technology misused by predators like Cromwell can impact the safety and well-being of children everywhere,” said Acting U.S. Attorney Stetzer. “It is important – now more than ever – to have conversations with children about the dangers that lurk on the internet, and remind them that things, and people, online are not always what they seem. I want to thank our law enforcement partners for their investigation of this case, and all they do to help us protect children.”
“Cases like this should put predators on notice that they cannot use the internet to hide from justice, because we will use all of our resources to find you and hold you accountable,” said Special Agent In Charge Martinez. “HSI along with its partners will continue to combat this heinous crime, but we need everyone to be vigilant and monitor what our children do online as well as who they interact with.”
In making today’s announcement, Acting U.S. Attorney Stetzer commended HSI and the Boone Police Department for their investigation the case and thanked the North Carolina State Bureau of Investigation for their invaluable assistance.
Assistant U.S. Attorneys Cortney Randall and Stephanie Spaugh prosecuted the case.
The case was were brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse, launched in May 2006 by the Department of Justice. Led by U.S. Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
Charlotte Man Is Convicted by A Federal Jury for Illegal Gun PossessionRead the Press Release
CHARLOTTE, N.C. – A federal jury has convicted Trevon Darnell Hopkins, 27, of Charlotte, of possession of a firearm by a felon, announced William T. Stetzer, Acting U.S. Attorney for the Western District of North Carolina. U.S. District Judge Robert J. Conrad Jr. presided over the trial which ended yesterday.
Acting U.S. Attorney Stetzer is joined in making today’s announcement by Vincent C. Pallozzi, Special Agent in Charge of the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), Charlotte Field Division, and Chief Johnny Jennings of the Charlotte-Mecklenburg Police Department (CMPD).
According to filed court documents, trial evidence, and witness testimony, on June 23, 2018, CMPD officers observed Hopkins driving a vehicle that had been reported as stolen. When law enforcement attempted to execute a traffic stop of the vehicle, Hopkins refused to comply and sped away. The defendant then proceeded to drive recklessly, including onto oncoming traffic and on the sidewalk. Hopkins eventually lost control of the vehicle and crashed into a tree. CMPD officers arrested Hopkins at the scene. As trial evidence established, law enforcement located two firearms in the stolen vehicle. Hopkins is prohibited from possessing firearms due to multiple prior felony convictions. Also, at the time of his arrest, Hopkins was on post-release supervision with the State of North Carolina.
Hopkins is currently in federal custody. The charge of possession of a firearm by a convicted felon carries a maximum prison sentence of 10 years. A sentencing date for Hopkins has not been set.
In making today’s announcement Acting U.S. Attorney Stetzer thanked ATF and CMPD for their investigation of the case.
Assistant U.S. Attorneys David Kelly and Stephanie Spaugh of the U.S. Attorney’s Office in Charlotte are prosecuting the case.
Ophthalmologist Pleads Guilty to Using Misbranded MedicationRead the Press Release
CHARLOTTE, N.C. – Dr. James W. Heroman, 43, formerly of Charlotte, appeared before U.S. Magistrate Judge David S. Cayer on Monday, October 4, 2021, and pleaded guilty to receiving and delivering a misbranded medication, announced William T. Stetzer, Acting U.S. Attorney for the Western District of North Carolina.
Derrick L. Jackson, Special Agent in Charge, U.S. Department of Health and Human Services, Office of Inspector General for the region including North Carolina, and Justin C. Fielder, Special Agent in Charge of the Food and Drug Administration, Office of Criminal Investigations (FDA-OCI), Miami Field Office, join Acting U.S. Attorney Stetzer in making today’s announcement.
Dr. Heroman is an ophthalmologist and the former owner of a now-closed ophthalmology clinic, Carolina Retina and Vitreous Consultants (CRVC). According to plea documents filed with the court, as early as September 2013, Dr. Heroman caused CRVC to order and receive an unapproved, foreign and cheaper drug which he used to treat patients with macular degeneration, instead of using Lucentis®, the medication approved by the Food and Drug Administration (FDA) for the treatment of the condition in the United States. As Dr. Heroman admitted in court yesterday, he purchased the foreign, unapproved medication because it cost less than the name brand Lucentis®. At the same time, Dr. Heroman caused CRVC to bill Medicare for the non-covered and non-reimbursable unapproved medication as if it were FDA-approved and kept the difference in price as profit.
In addition to pleading guilty to the criminal charge, Dr. Heroman and CRVC have also agreed to pay $450,000 to resolve the United States’ allegations that they violated the False Claims Act, when they knowingly submitted or caused to be submitted false claims for payment to Medicare related to the administration of unapproved medications. The claims resolved by the civil settlement are allegations only and there has been no determination of liability.
In making today’s announcement, Acting U.S. Attorney Stetzer said, “Dr. Heroman sought to increase his profit margins by using an unauthorized medication, potentially putting the health of his patients at risk. Together with our law enforcement counterparts, we will investigate and prosecute physicians who choose to fill up their pockets at the expense of their patients.”
“Physicians who provide non-FDA approved drugs to their patients unnecessarily place those in their care at risk,” said Special Agent in Charge Jackson. “Working with our law enforcement partners, our oversight agency will investigate such fraud schemes that threaten the health of patients and the integrity of federal health care programs.”
“U.S. patients rely on FDA oversight to ensure that the drugs and medical devices they use are safe and effective. Rogue health care professionals who obtain foreign unapproved medical products, and dispense and administer those products to their patients, put the health of those patients at significant risk,” said Special Agent in Charge Fielder. “We will continue to pursue and bring to justice those who choose to put the public’s health at such risk.”
A sentencing date for Dr. Heroman has not been set. The charge of receiving and delivering a misbranded medication carries a maximum penalty of a year in prison and a $1,000 fine.
In making today’s announcement, Acting U.S. Attorney Stetzer commended HHS-OIG and and FDA-OCI for their investigation of the case.
Assistant U.S. Attorney Michael Savage is prosecuting the criminal case. Assistant U.S. Attorney Katherine Armstrong is in charge of the civil proceedings.
Charlotte Man Pleads Guilty to Wire Fraud for Return Scheme Targeting AmazonRead the Press Release
CHARLOTTE, N.C. – Hudson Hamrick, 31, of Charlotte, appeared before U.S. Magistrate Judge David S. Cayer today and pleaded guilty to wire fraud, for executing a return scheme that defrauded Amazon of at least $290,000, announced William T. Stetzer, Acting U.S. Attorney for the Western District of North Carolina.
Robert R. Wells, Special Agent in Charge of the Federal Bureau of Investigation (FBI), Charlotte Division, joins Acting U.S. Attorney Stetzer in making today’s announcement.
According to plea documents and today’s hearing, from 2016 to 2020, Hamrick executed the return scheme by ordering expensive items through Amazon, such as electronics, guitars, tools, computers and other high-end consumer products, and then obtaining fraudulent refunds from the company by returning items that were significantly cheaper or broken. Hamrick also admitted to defrauding Amazon by obtaining replacement products for items he falsely claimed to have been lost or damaged, and then keeping the new items or reselling them online. Court documents show that Hamrick engaged in more than 300 fraudulent transactions that resulted in losses to the company of more than $290,000.
A sentencing date for Hamrick has not been set. The wire fraud charge carries a maximum prison sentence of 20 years and a $250,000 fine.
In making today’s announcement, Acting U.S. Attorney Stetzer commended the FBI for their investigation of the case, and thanked Amazon for their cooperation in the investigation.
Assistant U.S. Attorney Maria Vento, of the U.S. Attorney’s Office in Charlotte, is prosecuting the case.
Federal Indictment Charges Two Men and A Woman for Mail Theft and Bank Fraud SchemeRead the Press Release
CHARLOTTE, N.C. – A federal indictment was unsealed in court today, charging two men and a woman for their involvement in a mail theft and bank fraud scheme, in which more than $2 million in stolen business checks were deposited into straw bank accounts, announced William T. Stetzer, Acting U.S. Attorney for the Western District of North Carolina.
Tommy D. Coke, Inspector in Charge of the Atlanta Division of the U.S. Postal Inspection Service (USPIS) which oversees Charlotte, and Chief Johnny Jennings of the Charlotte Mecklenburg Police Department (CMPD) join Acting U.S. Attorney Stetzer in making today’s announcement.
According to allegations in the indictment, beginning in November 2020, Terrell Devon Freeman, 34, Joshua MacDavid Monteith, 31, and Yanalise Simone Hodge, 22, all of Charlotte, engaged in a bank fraud scheme involving stolen mail. As alleged in the indictment, the defendants and their co-conspirators stole business checks and other mail from U.S. Postal Service collection boxes and business mailboxes in Charlotte and elsewhere, and cashed the stolen checks using fraudulent identifications and straw bank accounts before the victim banks detected the fraud. The indictment alleges that the defendants and their co-conspirators executed the fraud scheme in North Carolina, South Carolina, Georgia and Virginia and defrauded at least seven financial institutions. The indictment further alleges that the total face value of the business checks stolen in the scheme was over $2 million.
The federal indictment was unsealed today, following Freeman’s arrest and scheduled court appearance in U.S. District Court in Atlanta, Georgia. Monteith and Hodge appeared before U.S. Magistrate Judge David S. Cayer last week, following their arrest by law enforcement in Charlotte.
The defendants are each charged with one count of bank fraud conspiracy and multiple individual counts of bank fraud, which carry a maximum penalty of 30 years in prison and a $1 million fine. Freeman and Hodge are also charged with aggravated identity theft, which carries a potential two-year prison sentence, consecutive to any other term imposed.
The charges contained in the indictment are allegations. The defendants are presumed innocent until proven guilty beyond reasonable doubt in a court of law.
In making today’s announcement Acting U.S. Attorney Stetzer thanked USPIS and CMPD for their investigation of the case.
Assistant U.S. Attorney William T. Bozin, of the U.S. Attorney’s Office in Charlotte, is in charge of the prosecution.
North Carolina Inmate Is Sentenced to 30 Months for Threatening to Kill A State Judge, Prosecutor, and JurorsRead the Press Release
CHARLOTTE, N.C. – Joel Michael Cliett, 45, of Taylorsville, N.C., was sentenced to 30 months in prison followed by three years of supervised release, for mailing a threatening communication, announced William T. Stetzer, Acting U.S. Attorney for the Western District of North Carolina.
Robert R. Wells, Special Agent in Charge of the Federal Bureau of Investigation (FBI), Charlotte Division, and Tommy D. Coke, Inspector in Charge of the Atlanta Division of the U.S. Postal Inspection Service (USPIS) join Acting U.S. Attorney Stetzer in making today’s announcement.
According to filed court documents and today’s sentencing hearing, on August 21, 2020, Cliett sent a threatening communication via U.S. Mail to a state judge in Gaston County. In the letter, Cliett claimed he was wrongly convicted of a crime, and threatened to kill the state judge, the judge’s family, the District Attorney, and the 12 jurors who convicted him of the crime. Cliett further stated in the letter that, “With enough C-4 I can kill all of you through the mail.” Cliett also boasted in the letter that “There is nothing you can do to me.” Cliett sent the threatening letter while he was incarcerated at the Alexander Correctional Institution in Taylorsville, N.C.
Cliett pleaded guilty on May 13, 2021, to mailing a threatening communication. He is currently in federal custody. The sentence of imprisonment was ordered to run consecutive to the North Carolina state sentence he is currently serving associated with his prior state convictions.
The FBI and USPIS investigated the case. Assistant U.S. Attorney Mark Odulio, of the U.S. Attorney’s Office in Charlotte, prosecuted the case.
Charlotte Man Is Sentenced to Six and A Half Years for Armed CarjackingRead the Press Release
CHARLOTTE, N.C. – U.S. District Judge Frank D. Whitney sentenced Ricky Lewis Bush, 21, of Charlotte, to 78 months in prison late yesterday, for carjacking and gun charges, announced William T. Stetzer, Acting U.S. Attorney for the Western District of North Carolina. Judge Whitney also ordered Bush to serve three years under court supervision after completing his prison term and to pay restitution to the victim of the carjacking.
Acting U.S. Attorney Stetzer is joined in making today’s announcement by Vincent C. Pallozzi, Special Agent in Charge of the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), Charlotte Field Division, and Chief Johnny Jennings of the Charlotte-Mecklenburg Police Department (CMPD).
According to filed court documents and the sentencing hearing, on the night of January 13, 2021, Ricky Lewis Bush and his co-defendant, Jontez Xavier McLeod, carjacked at gunpoint a female victim identified in court documents as C.K. Court records show that C.K. was exiting her vehicle which was parked at the parking lot of an apartment complex in Charlotte, when Bush and McLeod approached the victim. Bush pointed a firearm at the victim, and the two men grabbed the victim and pulled her from her vehicle. Bush and McLeod then got into the victim’s car and fled the scene, leaving the victim in the parking lot.
According to court documents, CMPD officers located the victim’s car. McLeod was driving the vehicle and Bush was in the front passenger seat. When officers attempted to stop the vehicle, the defendants sped off in an attempt to evade the police. CMPD officers pulled over the vehicle and arrested Bush and McLeod. Over the course of the investigation, CMPD officers recovered several videos from Bush’s cell phone, taken shortly before and after the carjacking. In one of the videos, Bush is holding the same firearm used in the carjacking.
On November 12, 2020, Bush pleaded guilty to carjacking and brandishing a firearm during and in relation to a crime of violence. He is currently in federal custody. Upon designation of a federal facility, he will be transferred to the custody of the federal Bureau of Prisons.
McLeod has also pleaded guilty for his role in the case and will be sentenced at a later date.
The ATF and CMPD investigated the case. Assistant U.S. Attorney Taylor G. Stout, of the U.S. Attorney’s Office in Charlotte, is prosecuting the case.
Charlotte Man Is Sentenced to 15 Years in Prison on Drug and Gun ChargesRead the Press Release
CHARLOTTE, N.C. – Today, U.S. District Judge Max O. Cogburn Jr. ordered Malik Eli Davis, 41, of Charlotte, to serve 15 years in prison and three years of supervised release for drug and gun charges, announced William T. Stetzer, Acting U.S. Attorney for the Western District of North Carolina.
Acting U.S. Attorney Stetzer is joined in making today’s announcement by Vincent C. Pallozzi, Special Agent in Charge of the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), Charlotte Field Division, and Chief Johnny Jennings of the Charlotte-Mecklenburg Police Department (CMPD).
According to filed court documents and information at today’s sentencing hearing, in June 2019, CMPD officers learned that Davis was dealing cocaine from motel room in Charlotte. On June 29, 2019, law enforcement executed a search warrant at the motel room and Davis’s vehicle. Law enforcement recovered from the room cocaine, various material that indicated Davis was manufacturing crack cocaine, other drug paraphernalia, more than $2,800 in cash, and a loaded firearm. Court records show that law enforcement found in Davis’s vehicle a semi-automatic pistol loaded with a high capacity magazine and over $1,600 in cash.
Davis pleaded guilty on November 12, 2020, to possession with intent to distribute cocaine and possession of a firearm by a felon. Under the United States Sentencing Guidelines, Davis qualified for a sentencing enhancement due to his prior criminal convictions and was sentenced as an armed career criminal.
Davis is currently in federal custody. He will be transferred to the custody of the federal Bureau of Prisons upon the designation of a federal facility.
The investigation was handled by the ATF and CMPD. The case was prosecuted by Assistant United States Attorney Christopher Hess of the U.S. Attorney’s Office in Charlotte.
Anson County Man Is Sentenced to Six and A Half Years on Gun ChargeRead the Press Release
CHARLOTTE, N.C. – Dyral Keith Shankle, 34, of Wadesboro, N.C., was sentenced to 78 months in prison today, followed by two years of supervised release, for a firearms offense, announced William T. Stetzer, Acting U.S. Attorney for the Western District of North Carolina.
According to information contained in filed court documents and today’s sentencing hearing, on January 22, 2020, at approximately 11:00 p.m., Shankle drove his vehicle to a Wadesboro hospital emergency room. When Shankle arrived at the hospital, he got out of his vehicle and ran into the hospital holding a gun in his hand. Court records show that when the hospital security officer asked Shankle to hand over his gun, Shankle refused and claimed that “people were coming after him.” The security officer was eventually able to take the firearm, which was loaded with a high capacity magazine, after Shankle moved his finger off the trigger. Shankle was subsequently treated by hospital staff for a gunshot wound. Over the course of the investigation, law enforcement recovered two additional firearms that belonged to Shankle, ecstasy pills, marijuana and more than $10,000 in cash.
In October 2020, Shankle pleaded guilty to possession of a firearm by a felon. He is currently in federal custody. Upon designation of a federal facility, he will be transferred to the custody of the federal Bureau of Prisons.
In making today’s announcement, Acting U.S. Attorney Stetzer commended the Federal Bureau of Investigation, the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Wadesboro Police Department, and the Monroe Police Department for their investigation of the case. Acting U.S. Attorney Stetzer also thanked Anson County District Attorney Reece Saunders for his office’s coordination and assistance throughout the case.
Special Assistant U.S. Attorney Stephanie Spaugh, of the U.S. Attorney’s Office in Charlotte prosecuted the case.
Federal Jury Convicts Former Financial Representative of Wire and Tax Fraud for A Half-Million Dollar Fraud SchemeRead the Press Release
CHARLOTTE, N.C. – A federal jury in Charlotte has convicted Sampson Pearson, 44, of Charlotte, of wire and tax fraud for defrauding his clients of more than half a million dollars, announced William T. Stetzer, Acting U.S. Attorney for the Western District of North Carolina. U.S. District Judge Max O. Cogburn Jr. presided over the three-day trial which ended late yesterday.
Tommy D. Coke, Inspector in Charge of the Atlanta Division of the U.S. Postal Inspection Service (USPIS), which oversees Charlotte, and Mona Passmore, and Acting Special Agent in Charge of the Internal Revenue Service, Criminal Investigation Division, Charlotte Field Office (IRS-CI), join Acting U.S. Attorney Stetzer in making today’s announcement.
According to filed court documents, trial evidence, and witness testimony, from 2004 to 2016, Pearson was a representative for a financial services firm identified in court documents as Company A. In that capacity, Pearson offered and sold life insurance products and annuities as an independent contractor for Company A in Charlotte. As trial evidence established, Pearson used his position to defraud at least 10 victims and Company A of more than $570,000 through a fraudulent loan and disbursement scheme. Pearson executed the scheme by submitting falsified loan applications and requests for disbursements in the victims’ names without their knowledge and approval. Company A authorized the loans and disbursements based on the fraudulent documents submitted by Pearson. Pearson also directed Company A to deposit the fraudulently-obtained funds into an account controlled by the defendant. Pearson used the funds to pay for personal expenses and to fund his lifestyle. Evidence at trial showed that more than half of all the money the defendant had deposited into his bank account between 2011 and 2016 was money he stole from his victims. Evidence also established that Pearson made Ponzi-type payments to some of his victims to further perpetuate his fraud.
The government’s evidence further established that Pearson committed tax fraud for tax years 2013 through 2016, by filing fraudulent tax returns with the IRS that did not reflect the additional personal income.
The jury convicted Pearson of tax fraud, wire fraud and aggravated identity theft for using clients’ personally identifiable information (PII) to commit the wire fraud.
The wire fraud charge carries a maximum prison term of 20 years and a $250,000 fine. The statutory maximum penalty for filing a false tax return is three years in prison and a $100,000 fine. The aggravated identity theft charge carries a mandatory two-year sentence consecutive to any other prison term imposed. A sentencing date for Pearson has not been set.
In making today’s announcement Acting U.S. Attorney Stetzer thanked USPIS and IRS-CI for their investigation of the case.
Assistant U.S. Attorneys Maria Vento and Graham Billings of the U.S. Attorney’s Office in Charlotte are prosecuting the case.
Georgia Man Is Charged with Conspiracy to Defraud the North Carolina Medicaid ProgramRead the Press Release
CHARLOTTE, N.C. – A Georgia man is facing federal charges for an illegal kickback scheme that has defrauded the North Carolina Medicaid program of more than $4 million, announced William T. Stetzer, Acting U.S. Attorney for the Western District of North Carolina. Specifically, a criminal bill of information charges Glenn Pair, 35, formerly of North Carolina now residing in Georgia, with conspiracy to commit Medicaid fraud and money laundering.
“The Medicaid program provides medical services to qualified North Carolinians in need of assistance. It’s not a piggy bank for cheats and fraudsters,” said Acting U.S. Attorney Stetzer. “The U.S. Attorney’s Office will hold accountable those who engage in get-rich-schemes that exploit government programs and deprive important resources from those in real need.”
“North Carolina’s Medicaid program is meant to help the most vulnerable people in our community. Anyone who thinks they can manipulate the system should know the FBI will work tirelessly to make sure they pay dearly,” said FBI Special Agent in Charge Robert R. Wells.
“IRS Criminal Investigation is committed to unraveling complex financial transactions and money laundering schemes where individuals attempt to conceal the true source of their money. Individuals who engage in this type of financial fraud should know they will not go undetected and will be held accountable,” said Acting Special Agent in Charge Mona Passmore for the Charlotte Field Office of Internal Revenue Service Criminal Division.
As alleged in the charging document, Pair was a partner and operator of Everlasting Vitality, LLC (EV) and Do-It-4-The Hood Corporation (D4H). From January 2016 through November 2018, Pair and his co-conspirators paid individuals to recruit at-risk youths, in particular children who were Medicaid eligible, for EV’s or D4H’s after-school and youth mentoring programs. Once enrolled, children were required to submit urine specimens for drug testing. Pair and his co-conspirators allegedly conspired with certain laboratories to perform the drug testing of the enrolled children’s urine specimens submitted and received kickbacks once the laboratories were reimbursed by the North Carolina Medicaid.
Pair and his conspirators also allegedly conspired to defraud North Carolina Medicaid by providing client information used by certain laboratories to file other fraudulent reimbursement claims. For example, on some occasions, Pair and his co-conspirators obtained personal identifying information (PII) of D4H clients, such as names, addresses, dates of birth, and Medicaid beneficiary numbers, which the laboratories used to submit drug testing claims to the North Carolina Medicaid that were fraudulent because, among other reasons, the drug tests were not medically necessary, or the urine specimens were not of the Medicaid beneficiaries under whose names they were submitted. Once the laboratories were reimbursed by North Carolina Medicaid, they paid companies under the control of Pair and others a percentage of the Medicaid reimbursements.
As the bill of information alleges, the drug testing laboratories involved in the scheme submitted over $16 million in fraudulent claims to Medicaid and received $4 million in reimbursements, of which they paid more than $1.5 million in illegal kickbacks to Pair and his co-conspirators.
Pair is the second defendant charged in the scheme. Pair’s co-conspirator, Markuetric Stringfellow, was sentenced in February 2021 to 78 months in prison and was ordered pay $5,278,550 in restitution for his role in the conspiracy.
In making today’s announcement Acting U.S. Attorney Stetzer thanked the FBI, IRS-Criminal Investigations and the North Carolina Medicaid Investigations Division for their investigation of the case.
Assistant U.S. Attorney Michael E. Savage, of the U.S. Attorney’s Office in Charlotte, is prosecuting the case.
A bill of information is merely an allegation, and the defendant is presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
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The Department of Justice announced today criminal charges against 138 defendants for their alleged participation in various healthcare fraud schemes that resulted in approximately $1.4 billion in alleged losses. Nationwide, the charges target approximately $1.1 billion in fraud committed using telemedicine, $29 million in COVID-19 health care fraud, $133 million connected to substance abuse treatment facilities, or “sober homes,” and $160 million connected to other health care fraud and illegal opioid distribution schemes across the country.
“This nationwide enforcement action demonstrates that the Criminal Division is at the forefront of the fight against health care fraud and opioid abuse by prosecuting those who have exploited health care benefit programs and their patients for personal gain,” said Assistant Attorney General Kenneth A. Polite Jr. of the Justice Department’s Criminal Division. “The charges announced today send a clear deterrent message and should leave no doubt about the department’s ongoing commitment to ensuring the safety of patients and the integrity of health care benefit programs, even amid a continued pandemic.”
The Justice Department’s press release regarding the nationwide enforcement action can be viewed at: https://www.justice.gov/opa/pr/national-health-care-fraud-enforcement-action-results-charges-involving-over-14-billion.
Asheville Man Pleads Guilty to Illegal Gun Possession, After Using A Straw Buyer to Obtain A FirearmRead the Press Release
ASHEVILLE, N.C. – Acting U.S. Attorney William T. Stetzer announced today that Travis Shaqwann Fair, 31, of Asheville, has pleaded guilty to illegal possession of a firearm.Fair’s trial was scheduled to begin today before Chief U.S. District Judge Martin Reidinger. Just prior to jury selection, Fair elected instead to enter a guilty plea which was accepted by Judge Reidinger.
Fair’s girlfriend and co-defendant, Kourtney Nichelle Shivers, 29, of Asheville, has already pleaded guilty to making a false statement in connection with the acquisition of a firearm.
According to filed plea documents and today’s court hearing, on June 10, 2019, Fair visited a licensed firearms dealer in Asheville. Fair, who has a prior criminal conviction and is prohibiting from purchasing or possessing firearms, consulted with a store employee about purchasing a “cheap” firearm. The store employee showed Fair several firearms, including a 9mm firearm. Fair left the store shortly thereafter. According to court documents, a short while later, Shivers entered the same store and purchased the same firearm Fair had recently examined. As she previously admitted in court, over the course of the transaction, Shivers falsely certified on the required forms that she was the actual buyer of the firearm, when, in reality, she was a straw purchaser who bought the handgun at Fair’s request and for his use. Court records show that Fair provided Shivers with the funds to purchase the firearm, which she agreed to do, even though Shivers was aware that Fair was prohibited from possessing a firearm. Shivers later transferred the firearm to Fair.
Fair is currently in federal custody. The charge to which Fair has pleaded guilty carries a maximum penalty of ten years in prison. The statutory maximum penalty for Shivers’ offense is five years in prison. Both defendants are awating sentencing.
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Charges are also pending against three other individuals on charges related to the straw purchase of firearms.
In July 2021, a federal grand jury indicted Margaret Amanda Garmon, 36, of Charlotte, in connection with the straw purchase of a firearm from a federally licensed dealer of firearms. The indictment alleges that Garmon purchased the firearm for her co-defendant, Caleb Tharon Jefferson, 32, also Charlotte. The same indictment also charges Jefferson with possession of a firearm by a felon.
On August 17, 2021, Nyema Nakuay Cropper, 30, of Charlotte, was charged for allegedly straw purchasing a firearm from a licensed firearms dealer, falsely certifying on federal forms that Cropper was the actual buyer of the firearm, a statement she allegedly knew to be false.
“Straw purchasing firearms is a violation of our federal gun laws,” said Acting U.S. Attorney Stetzer. “We must stop the flow of illegal guns in our communities, and that includes prosecuting straw purchasers who knowingly buy firearms for individuals prohibited from possessing them in the first place.”
“Purchasing a firearm for someone prohibited from possessing a firearm is illegal and can be a serious threat to public safety,” said ATF Special Agent in Charge Vince Pallozzi. “Straw purchases put firearms in the wrong hands. ATF, along with our law enforcement partners, is committed to preventing illegal firearms purchases and holding those who endanger our communities accountable.”
In making today’s announcement, Acting U.S. Attorney Stetzer commended the ATF for their investigative efforts into straw firearms buyers, and thanked the Asheville Police Department for their invaluable assistance in Fair and Shivers’ case.
The charges against Garmon, Jefferson, and Cropper are allegations. The defendants are presumed innocent until proven guilty beyond reasonable doubt in a court of law.
The U.S. Attorney’s Office in Asheville is in charge of Fair and Shivers’ prosecution.
Federal Jury Finds Swain Co. Man Guilty of Second Degree MurderRead the Press Release
ASHEVILLE, N.C. – A federal jury in Asheville convicted Shane McKinley Swimmer, 21, of Cherokee, N.C., of second degree murder late yesterday, announced William T. Stetzer, Acting U.S. Attorney for the Western District of North Carolina. Chief U.S. District Judge Martin Reidinger presided over the three-day trial.
Robert R. Wells, Special Agent in Charge of the Federal Bureau of Investigation (FBI), Charlotte Division, and Chief Josh Taylor of the Cherokee Indian Police Department join Acting U.S. Attorney Stetzer in making today’s announcement.
According to filed court documents, trial evidence, and witness testimony, on November 10, 2018, Swimmer and his uncle, Charles Ray “Chino” West, were at his uncle’s residence on Rocky Knob Trail in Swain County, which is within the boundaries of the Eastern Band of Cherokee Indians reservation. Trial evidence established that shortly before 7:00 p.m., Swimmer attacked his uncle with a baseball bat, striking the victim in the head at least nine times. The victim died as a result of his injuries. Following the attack, Swimmer went to another family member’s house nearby and announced that the victim was dead before calling 911. Officers with the Cherokee Indian Police Department arrested Swimmer shortly thereafter.
Swimmer remains in federal custody. The second degree murder charge carries a statutory maximum penalty of life in prison. A sentencing date for Swimmer has not been set.
In making today’s announcement Acting U.S. Attorney Stetzer thanked the FBI and the Cherokee Indian Police Department for their investigation of the case.
The case is being prosecuted by Assistant U.S. Attorney John Pritchard and Special Assistant U.S. Attorney (SAUSA) Alexis Solheim of the U.S. Attorney’s Office in Asheville. Ms. Solheim is a state prosecutor with the office of the 30th Prosecutorial District and was assigned by District Attorney Ashley Welch to serve as SAUSA with the U.S. Attorney’s Office in Asheville. Ms. Solheim is duly sworn in both state and federal courts. The SAUSA position is a reflection of the partnership between the office of the 30th Prosecutorial District and the United States Attorney’s Office. The SAUSA position helps ensure the effective and vigorous prosecution of federal court cases that impact the counties within the 30th Prosecutorial District.
Cherokee, N.C. Woman Is Sentenced to 10 Years for Trafficking Methamphetamine, Fentanyl, and Other NarcoticsRead the Press Release
CHARLOTTE, N.C. – Today, Chief U.S. District Judge Martin Reidinger sentenced Lillian Elaine Brady, 53, Cherokee, N.C., to 10 years in prison and five years of supervised release for trafficking methamphetamine, fentanyl and other narcotics, announced William T. Stetzer, Acting U.S. Attorney for the Western District of North Carolina.
Robert J. Murphy, Special Agent in Charge of the Atlanta Field Division of the Drug Enforcement Administration (DEA), which oversees the Asheville Post of Duty, and Chief Joshua Taylor of the Cherokee Indian Police Department join Acting U.S. Attorney Stetzer in making today’s announcement.
According to court records and today’s sentencing hearing, in April 2020, law enforcement learned that Brady was a major supply source of methamphetamine and other narcotics in and around Cherokee. Over the course of the investigation, law enforcement executed a search warrant at Brady’s residence, seizing methamphetamine, fentanyl, heroin, oxycodone, morphine, and marijuana, drug paraphernalia, $3,725 in cash, a loaded firearm, and ammunition. On February 17, 2021, Brady pleaded guilty to possession with intent to distribute controlled substances.
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In a separate case, Judge Redinger sentenced Brandy Michelle Fohmann, 32, of Arden, N.C., to seven years in prison today, followed by four years of supervised release for trafficking fentanyl in Henderson and Buncombe Counties. Court records in this case show that, between April and July 2020, Fohmann sold fentanyl on multiple occasions, including to an undercover law enforcement officer. On July 14, 2020, law enforcement seized from Fohmann’s residence and vehicles fentanyl, two loaded firearms, drug paraphernalia and more than $4,900 in drug proceeds. According to filed plea documents, Fohmann admitted to selling fentanyl daily and engaging in 10 to 15 drug transactions per day. On April 21, 2021, Fohmann pleaded guilty to distribution of fentanyl, and possession with intent to distribute fentanyl.
In announcing Fohmann’s sentence, Acting U.S. Attorney Stetzer thanked the DEA in Asheville, the Bureau of Alcohol, Tobacco, Firearms and Explosives, the North Carolina State Bureau of Investigation, the Henderson County Sheriff’s Office, and the Hendersonville Police Department for their investigation of the case. Assistant U.S. Attorney Thomas Kent, of the U.S. Attorney’s Office in Asheville, prosecuted both cases.
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Denver, N.C. Man Is Sentenced to Four and A Half Years in Prison for Defrauding His Former Employer of More than $4 MillionRead the Press Release
CHARLOTTE, N.C. – Michael Guzman, 43, of Denver, N.C., was sentenced today to 54 months in prison and two years of supervised release for defrauding his former employer of more than $4 million, announced William T. Stetzer, Acting U.S. Attorney for the Western District of North Carolina. U.S. District Judge Kenneth D. Bell also ordered Guzman to pay $4.1 million in restitution.
Robert R. Wells, Special Agent in Charge of the Federal Bureau of Investigation (FBI), Charlotte Division, joins Acting U.S. Attorney Stetzer in making today’s announcement.
According to court records, plea documents and today’s sentencing hearing, from June 2019 to May 2020, Guzman executed a scheme to defraud his employer, identified in court documents as Company A, of more than $4 million, by improperly auctioning off Company A’s assets and funneling the proceeds through shell companies he formed. Company A is a large equipment rental company headquartered in Fort Mill, S.C., that rents out on-road and off-road machinery for construction and other purposes. Guzman worked for Company A as a Fleet Operations Manager, and was responsible for, among other things, the disposal of aged equipment, also known as assets.
Court records show that, during the relevant time period, Guzman arranged for approximately 398 assets of Company A to be auctioned off through an online auction house that buys and sells used heavy construction equipment. To perpetuate the fraud, Guzman represented to the auction house that the assets were owned by Guzman’s shell companies, when in fact the majority of the assets were still owned by Company A. In his capacity as a Fleet Operations Manager, Guzman was able to hide the scheme from Company A by manipulating internal company records.
According to filed court documents, Guzman arranged for the proceeds of the sales to be sent to a bank account under his control and used the money to buy a condominium in South Carolina, a plot of land in New York, an RV vehicle, a boat, and multiple cars and trucks.
On May 20, 2021, Guzman pleaded guilty to wire fraud and money laundering. He will be ordered to report to the federal Bureau of Prisons upon to begin serving his sentence designation of a federal facility.
In making today’s announcement, Acting U.S. Attorney Stetzer thanked the FBI for their investigation.
Assistant U.S. Attorney Maria Vento, of the U.S. Attorney’s Office in Charlotte prosecuted the case.
Career Offender Is Sentenced to 17 Years on Drug ChargesRead the Press Release
ASHEVILLE, N.C. – Chief U. S. District Judge Martin Reidinger handed down a lengthy sentence today to a Hendersonville, N.C., man convicted of trafficking cocaine, fentanyl, prescription pills and other narcotics in and around Henderson County, announced Acting U.S. Attorney William T. Stetzer.
On December 9, 2020, Eric Charles Butler, 57, pleaded guilty to two counts of possession with intent to distribute narcotics, for which he was charged separately by federal criminal indictments. Today, Judge Reidinger ordered Butler to serve 17 years in prison for each count of conviction, to be served concurrently, and to remain under court supervision for six years upon completion of the prison term. As a result of Butler’s multiple prior drug convictions, the Court sentenced him as a career offender.
Robert J. Murphy, Special Agent in Charge of the Atlanta Field Division of the Drug Enforcement Administration (DEA), which oversees the Asheville Post of Duty, Sheriff Lowell S. Griffin of the Henderson County Sheriff’s Office (HCSO), and Chief Blair Myhand of the Hendersonville Police Department (HPD) join Acting U.S. Attorney Stetzer in making today’s announcement.
According to filed court documents and court records, on August 10, 2019, a Henderson County Sheriff’s Office deputy conducted a traffic stop after determining Butler was driving a vehicle with a revoked registration. Over the course of the traffic stop, Butler attempted to flee the scene on foot. Butler was apprehended shortly thereafter by two HCSO deputies, one of whom was deputy Ryan Hendrix. Deputy Hendrix was killed in the line of duty on September 10, 2020. Court records show that the deputies recovered from Butler’s person narcotics, including MDMA, methamphetamine, cocaine, and morphine, as well as digital scales and other drug paraphernalia, and over $6,800 in cash from his vehicle. Butler was charged with state drug charges and was released on bond.
On February 16, 2020, while Butler was on pretrial release on state offenses, an officer with the Hendersonville Police Department attempted to stop the vehicle Butler was driving for a traffic violation. Butler did not comply and sped away, in an attempt to evade the police. A vehicle pursuit followed and, when Butler’s vehicle became stuck on the road, Butler attempted to flee on foot through the nearby woods. Police officers ultimately located Butler and he was arrested. Over the course of the investigation into that incident, law enforcement recovered methamphetamine, Xanax, oxycodone, cocaine and fentanyl, which Butler possessed with the intent to distribute. Butler was charged with state charges for Trafficking in Meth and Fleeing to Elude Arrest in a Motor vehicle.
In May 2020, while Butler was still on pre-trial release on the aforementioned state offenses, law enforcement learned that Butler was continuing to traffic narcotics. On May 12, 2020, law enforcement located Butler driving a vehicle with a suspended license. When the officers attempted to stop Butler’s vehicle, Butler sped off and once again attempted to evade law enforcement. Butler was ultimately apprehended following a vehicle pursuit during which Butler drove recklessly through a busy residential area. Law enforcement were able to intercept Butler’s vehicle and he was ultimately apprehended. Over the course of the investigation, law enforcement recovered nearly half a kilogram of powdered cocaine, fentanyl, oxycodone pills, crack cocaine, and other drug paraphernalia.
Butler is currently in federal custody and will be transferred to the custody of the federal Bureau of Prisons upon designation of a federal facility.
In making today’s announcement, Acting U.S. Attorney Stetzer commended the Henderson County Sheriff’s Office, the Hendersonville Police Department, and the DEA in Asheville for their investigation of this case.
Assistant U.S. Attorney Tom Kent, of the U.S. Attorney’s Office in Asheville, prosecuted the case.
Charlotte Man Is Sentenced to 25 Years for Child PornographyRead the Press Release
CHARLOTTE, N.C. – Raymond Baucom, 39, of Charlotte, was sentenced today to 25 years in prison for receipt of child pornography, announced William T. Stetzer, Acting U.S. Attorney for the Western District of North Carolina. U.S. District Judge Max O. Cogburn Jr. also ordered Baucom to serve a lifetime of supervised release and to register as a sex offender after he is released from prison.
Chief Johnny Jennings of the Charlotte Mecklenburg Police Department joins Acting U.S. Attorney Stetzer in making today’s announcement.
According to court documents and information introduced at the sentencing hearing, law enforcement became aware that, between December 2017 and October 2018, an individual later identified as Baucom was using the internet to download child pornography. During a search of Baucom’s residence in Charlotte, law enforcement retrieved Baucom’s cell phone. A forensic analysis of the cell phone revealed that Baucom possessed 58 videos and 950 images of child pornography, some of which depicted the sadistic and masochistic sexual abuse of prepubescent minors. Court records also show that some of the images and videos contained identified victims of 40 different known series of child pornography.
In 2002, Baucom was convicted in Mecklenburg County of Indecent Liberties with a Child and was sentenced to a probationary term, which was later revoked for failing to register as a sex offender.
Baucom pleaded guilty to receipt of child pornography on September 16, 2020. He is currently in federal custody and will be transferred to the custody of the federal Bureau of Prisons upon designation of a federal facility.
CMPD investigated the case. Assistant U.S. Attorney Alfredo De La Rosa of the U.S. Attorney’s Office in Charlotte prosecuted the case.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse, launched in May 2006 by the Department of Justice. Led by U.S. Attorneys’ offices and the Criminal Division’s Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
Joint Law Enforcement Investigation Leads to the Indictment of 25 Defendants on Federal Drug and Gun ChargesRead the Press Release
ASHEVILLE, N.C. – Acting U.S. Attorney William T. Stetzer announced today that a multi-agency investigation into methamphetamine trafficking and illegal firearm possession in Western North Carolina has led to federal drug and gun charges filed against 25 individuals.
On Sunday, August 15, 2021, teams of federal, state and local law enforcement arrested 19 of those charged. Two additional defendants currently in state custody will be transferred to federal custody to face their charges. Four defendants have not been arrested yet.
In making today’s announcement, Acting U.S. Attorney Stetzer commended the Drug Enforcement Administration (DEA) in Asheville, the Bureau of Alcohol, Tobacco Firearms and Explosives (ATF), the North Carolina State Bureau of Investigation, the Haywood County Sheriff’s Office, the Swain County Sheriff’s Office, the Jackson County Sheriff’s Office, the Buncombe County Sheriff’s Office, the Waynesville Police Department, the Maggie Valley Police Department, and the Canton Police Department for their investigative efforts which led to the federal charges and arrests. Acting U.S. Attorney Stetzer also thanked the U.S. Marshals Service, the Bureau of Indian Affairs, the North Carolina Department of Public Safety Division of Community Corrections, the McDowell County Sheriff’s Office, the Henderson County Sheriff’s Office, the Madison County Sheriff’s Office, the Rutherford County Sheriff’s Office, and the Asheville Police Department for their invaluable assistance in effectuating the arrests.
The criminal indictments, which were returned by a grand jury on August 3, 2021, and were unsealed today in federal court, are the result of a coordinated yearlong joint law enforcement investigation into drug trafficking activity and illegal firearm possession in and around Buncombe, Jackson, and Haywood Counties. Over the course of the investigation, which began in April 2020 and wrapped up in May 2021, law enforcement seized methamphetamine, more than a dozen illegally possessed firearms, various types of ammunition, and more than $12,000 in drug proceeds.
The first criminal indictment charges 23 defendants with conspiracy to distribute and to possess with intent to distribute methamphetamine. Of those charged, some face additional drug and/or firearms offenses (see chart below for list of federal charges for each defendant and maximum statutory penalties). The 23 individuals named in the indictment are:
- Rebecca Lynn Barker, 49, of Clyde, N.C. (arrested)
- Robert Allan Burnette, 59, of Canton, N.C. (arrested)
- Angela Vance Carver, 47, of Canton, N.C. (arrested)
- Derek Michael Cluff, 23, of Waynesville, N.C. (arrested)
- Marcus Brandon Cobaugh, 29, of Canton, N.C. (arrested)
- Lindsay Nicole Cobb, 27, of Burke County, N.C. (not arrested yet)
- David Hunter Creson, 26, of Waynesville, N.C. (arrested)
- William Joseph Craig, 43, of Candler, N.C. (arrested)
- Arthur Shane Douville, 31, of Waynesville, N.C. (arrested)
- Jaime Gamez, 38, of Canton, N.C. (arrested)
- Justin Caroll Gibson, 28, of McDowell County, N.C. (arrested)
- Jane Ivison Gill, 43, of Blythewood, S.C. (arrested)
- Sarah Jane Gill, 22, of Blythewood, S.C. (arrested)
- Roberto Illerma Ibarra, 39, of Norcross, Georgia (not arrested yet)
- Elizabeth Gabrielle Mann, 28, of Canton, N.C. (arrested)
- Jose Andres Martinez, 25, of Waynesville, N.C. (in state custody)
- Keith Allen McMahan, 37, of Waynesville, N.C. (not arrested yet)
- Nicholas Ray Miller, 33, of Canton, N.C. (arrested)
- Ryan Warren Muster, 27, of Sylva, N.C. (in state custody)
- Kelly Woodrow Ross, 60, of Waynesville, N.C. (arrested)
- Richard Anthony Swanger, 48, of Clyde, N.C. (arrested)
- Christy Helen Trull, 33, of Canton, N.C. (arrested)
- Michael Kevin Vanlandingham, 61, of Canton, N.C. (arrested)
A second criminal indictment resulting from the investigation charges Joseph Daniel Perry, 30, of Candler, N.C. with two counts of distribution of methamphetamine. Perry has not been arrested yet. Daniel Guadalupe Martinez, 23, of Waynesville, N.C. is also charged separately with possession of an unregistered firearm and two counts of possession of a firearm by a convicted felon via a third indictment. Martinez was arrested on Sunday.
The defendants apprehended during the round up remain in federal custody, following their initial court appearance today in Asheville before U.S. Magistrate Judge W. Carleton Metcalf.
The charges contained in the indictments are allegations. The defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Assistant U.S. Attorney Thomas Kent of the U.S. Attorney’s Office in Asheville is leading the prosecution.
This effort is part of an Organized Crime Drug Enforcement Task Force (OCDETF) operation. OCDETF identifies, disrupts, and dismantles criminal organizations using a prosecutor-led, intelligence-driven, multi-agency approach. Additional information about the OCDETF Program can be found at https://www.justice.gov/OCDETF.
Case No. 1:21-cr-70
DEFENDANT
COUNT
CHARGE
STATUTORY PENALTIES
1) REBECCA LYNN BARKER
1
Conspiracy to Distribute and to Possess with Intent to Distribute a Controlled Substance
Mandatory minimum of 10 years imprisonment; maximum of Life imprisonment; maximum fine of $10,000,000; and at least 5 years of supervised release
24
Possession with Intent to Distribute a Controlled Substance
Mandatory minimum of 10 years imprisonment; maximum of Life imprisonment; maximum fine of $10,000,000; and at least 5 years of supervised release
25
Possession of Firearms in Furtherance of a Drug Trafficking Crime
Mandatory minimum of 5 years imprisonment (consecutive to the sentence on a drug count); maximum fine of $250,000; and maximum of 5 years of supervised release
2) ROBERT ALLAN BURNETTE a/k/a “Mater”
1
Conspiracy to Distribute and to Possess with Intent to Distribute a Controlled Substance
Mandatory minimum of 10 years imprisonment; maximum of Life imprisonment; maximum fine of $10,000,000; and at least 5 years of supervised release
5
Possession with Intent to Distribute a Controlled Substance
Mandatory minimum of 10 years imprisonment; maximum of Life imprisonment; maximum fine of $10,000,000; and at least 5 years of supervised release
6
Possession with Intent to Distribute a Controlled Substance
Mandatory minimum of 10 years imprisonment; maximum of Life imprisonment; maximum fine of $10,000,000; and at least 5 years of supervised release
7
Possession of a Firearm in Furtherance of a Drug Trafficking Crime
Mandatory minimum of 5 years imprisonment (consecutive to the sentence on a drug count); maximum fine of $250,000; and maximum of 5 years of supervised release
3) ANGELA VANCE CARVER
1
Conspiracy to Distribute and to Possess with Intent to Distribute a Controlled Substance
Mandatory minimum of 10 years imprisonment; maximum of Life imprisonment; maximum fine of $10,000,000; and at least 5 years of supervised release
5
Possession with Intent to Distribute a Controlled Substance
Mandatory minimum of 10 years imprisonment; maximum of Life imprisonment; maximum fine of $10,000,000; and at least 5 years of supervised release
DEFENDANT
COUNT
CHARGE
STATUTORY PENALTIES
27
Possession with Intent to Distribute a Controlled Substance
Mandatory minimum of 5 years imprisonment; maximum of 40 years imprisonment; maximum fine of $5,000,000; and at least 4 years of supervised release
4) DEREK MICHAEL CLUFF
1
Conspiracy to Distribute and to Possess with Intent to Distribute a Controlled Substance
Mandatory minimum of 5 years imprisonment; maximum of 40 years imprisonment; maximum fine of $5,000,000; and at least 4 years of supervised release
17
Possession with Intent to Distribute a Controlled Substance
Mandatory minimum of 5 years imprisonment; maximum of 40 years imprisonment; maximum fine of $5,000,000; and at least 4 years of supervised release
5) MARCUS BRANDON COBAUGH
1
Conspiracy to Distribute and to Possess with Intent to Distribute a Controlled Substance
Mandatory minimum of 5 years imprisonment; maximum of 40 years imprisonment; maximum fine of $5,000,000; and at least 4 years of supervised release
31
Possession with Intent to Distribute a Controlled Substance
Mandatory minimum of 5 years imprisonment; maximum of 40 years imprisonment; maximum fine of $5,000,000; and at least 4 years of supervised release
6) LINDSAY NICOLE COBB a/k/a “Lou”
1
Conspiracy to Distribute and to Possess with Intent to Distribute a Controlled Substance
Mandatory minimum of 10 years imprisonment; maximum of Life imprisonment; maximum fine of $10,000,000; and at least 5 years of supervised release
32
Possession with Intent to Distribute a Controlled Substance
Mandatory minimum of 10 years imprisonment; maximum of Life imprisonment; maximum fine of $10,000,000; and at least 5 years of supervised release
7) DAVID HUNTER CRESON
1
Conspiracy to Distribute and to Possess with Intent to Distribute a Controlled Substance
Mandatory minimum of 10 years imprisonment; maximum of Life imprisonment; maximum fine of $10,000,000; and at least 5 years of supervised release
26
Possession with Intent to Distribute a Controlled Substance
Mandatory minimum of 10 years imprisonment; maximum of Life imprisonment; maximum fine of $10,000,000; and at least 5 years of supervised release
8) WILLIAM JOSEPH CRAIG a/k/a “Joey”
1
Conspiracy to Distribute and to Possess with Intent to Distribute a Controlled Substance
Mandatory minimum of 15 years imprisonment; maximum of Life imprisonment; maximum fine of $20,000,000; and at least 10 years of supervised release
DEFENDANT
COUNTY
CHARGE
STATUTORY PENALTIES
5
Possession with Intent to Distribute a Controlled Substance
Mandatory minimum of 15 years imprisonment; maximum of Life imprisonment; maximum fine of $20,000,000; and at least 10 years of supervised release
8
Distribution of a Controlled Substance
Maximum of 30 years imprisonment; maximum fine of $2,000,000; and at least 6 years of supervised release
13
Distribution of a Controlled Substance
Maximum of 30 years imprisonment; maximum fine of $2,000,000; and at least 6 years of supervised release
14
Distribution of a Controlled Substance
Mandatory minimum of 10 years imprisonment; maximum of Life imprisonment; maximum fine of $8,000,000; and at least 8 years of supervised release
15
Distribution of a Controlled Substance
Mandatory minimum of 10 years imprisonment; maximum of Life imprisonment; maximum fine of $8,000,000; and at least 8 years of supervised release
16
Distribution of a Controlled Substance
Mandatory minimum of 10 years imprisonment; maximum of Life imprisonment; maximum fine of $8,000,000; and at least 8 years of supervised release
27
Possession with Intent to Distribute a Controlled Substance
Mandatory minimum of 10 years imprisonment; maximum of Life imprisonment; maximum fine of $8,000,000; and at least 8 years of supervised release
38
Possession with Intent to Distribute a Controlled Substance
Maximum of 30 years imprisonment; maximum fine of $2,000,000; and at least 6 years of supervised release
9) ARTHUR SHANE DOUVILLE
1
Conspiracy to Distribute and to Possess with Intent to Distribute a Controlled Substance
Mandatory minimum of 10 years imprisonment; maximum of Life imprisonment; maximum fine of $10,000,000; and at least 5 years of supervised release
28
Possession with Intent to Distribute a Controlled Substance
Mandatory minimum of 10 years imprisonment; maximum of Life imprisonment; maximum fine of $10,000,000; and at least 5 years of supervised release
DEFENDANT
COUNT
CHARGE
STATUTORY PENALTIES
10) JAIME GAMEZ
1
Conspiracy to Distribute and to Possess with Intent to Distribute a Controlled Substance
Mandatory minimum of 10 years imprisonment; maximum of Life imprisonment; maximum fine of $8,000,000; and at least 8 years of supervised release
2
Possession with Intent to Distribute a Controlled Substance
Maximum of 30 years imprisonment; maximum fine of $2,000,000; and at least 6 years of supervised release
12
Possession with Intent to Distribute a Controlled Substance
Maximum of 30 years imprisonment; maximum fine of $2,000,000; and at least 6 years of supervised release
18
Possession with Intent to Distribute a Controlled Substance
Mandatory minimum of 10 years imprisonment; maximum of Life imprisonment; maximum fine of $8,000,000; and at least 8 years of supervised release
11) JUSTIN CAROL GIBSON a/k/a “Baby Face”
1
Conspiracy to Distribute and to Possess with Intent to Distribute a Controlled Substance
Mandatory minimum of 10 years imprisonment; maximum of Life imprisonment; maximum fine of $10,000,000; and at least 5 years of supervised release
9
Possession with Intent to Distribute a Controlled Substance
Mandatory minimum of 10 years imprisonment; maximum of Life imprisonment; maximum fine of $10,000,000; and at least 5 years of supervised release
10
Possession of Firearms in Furtherance of a Drug Trafficking Crime
Mandatory minimum of 5 years imprisonment (consecutive to the sentence on a drug count); maximum fine of $250,000; and maximum of 5 years of supervised release
11
Being a Felon in Possession of Firearms and Ammunition
Maximum of 10 years imprisonment; maximum fine of $250,000; and maximum of 3 years of supervised release
12) JANE IVISON GILL
1
Conspiracy to Distribute and to Possess with Intent to Distribute a Controlled Substance
Mandatory minimum of 10 years imprisonment; maximum of Life imprisonment; maximum fine of $10,000,000; and at least 5 years of supervised release
22
Possession with Intent to Distribute a Controlled Substance
Mandatory minimum of 10 years imprisonment; maximum of Life imprisonment; maximum fine of $10,000,000; and at least 5 years of supervised release
DEFENDANT
COUNT
CHARGE
STATUTORY PENALTIES
24
Possession with Intent to Distribute a Controlled Substance
Mandatory minimum of 10 years imprisonment; maximum of Life imprisonment; maximum fine of $10,000,000; and at least 5 years of supervised release
13) SARAH JANE GILL
1
Conspiracy to Distribute and to Possess with Intent to Distribute a Controlled Substance
Mandatory minimum of 10 years imprisonment; maximum of Life imprisonment; maximum fine of $10,000,000; and at least 5 years of supervised release
26
Possession with Intent to Distribute a Controlled Substance
Mandatory minimum of 10 years imprisonment; maximum of Life imprisonment; maximum fine of $10,000,000; and at least 5 years of supervised release
14) ROBERTO ILLERMA IBARRA a/k/a “Chico”
1
Conspiracy to Distribute and to Possess with Intent to Distribute a Controlled Substance
Mandatory minimum of 10 years imprisonment; maximum of Life imprisonment; maximum fine of $10,000,000; and at least 5 years of supervised release
28
Possession with Intent to Distribute a Controlled Substance
Mandatory minimum of 10 years imprisonment; maximum of Life imprisonment; maximum fine of $10,000,000; and at least 5 years of supervised release
15) ELIZABETH GABRIELLE MANN a/k/a “Gabby”
1
Conspiracy to Distribute and to Possess with Intent to Distribute a Controlled Substance
Mandatory minimum of 5 years imprisonment; maximum of 40 years imprisonment; maximum fine of $5,000,000; and at least 4 years of supervised release
31
Possession with Intent to Distribute a Controlled Substance
Mandatory minimum of 5 years imprisonment; maximum of 40 years imprisonment; maximum fine of $5,000,000; and at least 4 years of supervised release
16) JOSE ANDRES MARTINEZ a/k/a “Andy”
1
Conspiracy to Distribute and to Possess with Intent to Distribute a Controlled Substance
Mandatory minimum of 15 years imprisonment; maximum of Life imprisonment; maximum fine of $20,000,000; and at least 10 years of supervised release
30
Being a Felon in Possession of a Firearm and Ammunition
Maximum of 10 years imprisonment; maximum fine of $250,000; and maximum of 3 years of supervised release
32
Possession with Intent to Distribute a Controlled Substance
Mandatory minimum of 15 years imprisonment; maximum of Life imprisonment; maximum fine of $20,000,000; and at least 10 years of supervised release
DEFENDANT
COUNT
CHARGE
STATUTORY PENALTIES
33
Possession of a Firearm in Furtherance of a Drug Trafficking Crime
Mandatory minimum of 5 years imprisonment (consecutive to the sentence on a drug count); maximum fine of $250,000; and maximum of 5 years of supervised release
34
Being a Felon in Possession of a Firearm and Ammunition
Maximum of 10 years imprisonment; maximum fine of $250,000; and maximum of 3 years of supervised release
17) KEITH ALLEN McMAHAN
1
Conspiracy to Distribute and to Possess with Intent to Distribute a Controlled Substance
Mandatory minimum of 10 years imprisonment; maximum of Life imprisonment; maximum fine of $10,000,000; and at least 5 years of supervised release
28
Possession with Intent to Distribute a Controlled Substance
Mandatory minimum of 10 years imprisonment; maximum of Life imprisonment; maximum fine of $10,000,000; and at least 5 years of supervised release
18) NICHOLAS RAY MILLER
1
Conspiracy to Distribute and to Possess with Intent to Distribute a Controlled Substance
Mandatory minimum of 10 years imprisonment; maximum of Life imprisonment; maximum fine of $10,000,000; and at least 5 years of supervised release
32
Possession with Intent to Distribute a Controlled Substance
Mandatory minimum of 10 years imprisonment; maximum of Life imprisonment; maximum fine of $10,000,000; and at least 5 years of supervised release
35
Being a Felon in Possession of a Firearm and Ammunition
Maximum of 10 years imprisonment; maximum fine of $250,000; and maximum of 3 years of supervised release
36
Possession with Intent to Distribute a Controlled Substance
Mandatory minimum of 5 years imprisonment; maximum of 40 years imprisonment; maximum fine of $5,000,000; and at least 4 years of supervised release
37
Being a Felon in Possession of Ammunition
Maximum of 10 years imprisonment; maximum fine of $250,000; and maximum of 3 years of supervised release
19) RYAN WARREN MUSTER
1
Conspiracy to Distribute and to Possess with Intent to Distribute a Controlled Substance
Mandatory minimum of 10 years imprisonment; maximum of Life imprisonment; maximum fine of $10,000,000; and at least 5 years of supervised release
DEFENDANT
COUNT
CHARGE
STATUTORY PENALTIES
4
Possession with Intent to Distribute a Controlled Substance
Mandatory minimum of 5 years imprisonment; maximum of 40 years imprisonment; maximum fine of $5,000,000; and at least 4 years of supervised release
29
Distribution of a Controlled Substance
Maximum of 20 years imprisonment; maximum fine of $1,000,000; and at least 3 years of supervised release
20) KELLY WOODROW ROSS
1
Conspiracy to Distribute and to Possess with Intent to Distribute a Controlled Substance
Maximum of 20 years imprisonment; maximum fine of $1,000,000; and at least 3 years of supervised release
3
Possession with Intent to Distribute a Controlled Substance
Maximum of 20 years imprisonment; maximum fine of $1,000,000; and at least 3 years of supervised release
21) RICHARD ANTHONY SWANGER
1
Conspiracy to Distribute and to Possess with Intent to Distribute a Controlled Substance
Mandatory minimum of 10 years imprisonment; maximum of Life imprisonment; maximum fine of $10,000,000; and at least 5 years of supervised release
19
Possession with Intent to Distribute a Controlled Substance
Maximum of 20 years imprisonment; maximum fine of $1,000,000; and at least 3 years of supervised release
20
Possession of Firearms in Furtherance of a Drug Trafficking Crime
Mandatory minimum of 5 years imprisonment (consecutive to the sentence on a drug count); maximum fine of $250,000; and maximum of 5 years of supervised release
23
Possession with Intent to Distribute a Controlled Substance
Maximum of 20 years imprisonment; maximum fine of $1,000,000; and at least 3 years of supervised release
22) CHRISTY HELEN TRULL
1
Conspiracy to Distribute and to Possess with Intent to Distribute a Controlled Substance
Mandatory minimum of 10 years imprisonment; maximum of Life imprisonment; maximum fine of $10,000,000; and at least 5 years of supervised release
27
Possession with Intent to Distribute a Controlled Substance
Mandatory minimum of 5 years imprisonment; maximum of 40 years imprisonment; maximum fine of $5,000,000; and at least 4 years of supervised release
32
Possession with Intent to Distribute a Controlled Substance
Mandatory minimum of 10 years imprisonment; maximum of Life imprisonment; maximum fine of $10,000,000; and at least 5 years of supervised release
DEFENDANT
COUNT
CHARGE
STATUTORY PENALTIES
23) MICHAEL KEVIN VANLANDINGHAM
1
Conspiracy to Distribute and to Possess with Intent to Distribute a Controlled Substance
Mandatory minimum of 5 years imprisonment; maximum of 40 years imprisonment; maximum fine of $5,000,000; and at least 4 years of supervised release
21
Possession with Intent to Distribute a Controlled Substance
Mandatory minimum of 5 years imprisonment; maximum of 40 years imprisonment; maximum fine of $5,000,000; and at least 4 years of supervised release
Case No. 1:21-cr-71
DEFENDANT
COUNT
CHARGE
STATUTORY PENALTIES
DANIEL GUADALUPE MARTINEZ
1
Being a Felon in Possession of a Firearm
Maximum of 10 years imprisonment; maximum fine of $250,000; and maximum of 3 years of supervised release
2
Being a Felon in Possession of Firearms and Ammunition
Maximum of 10 years imprisonment; maximum fine of $250,000; and maximum of 3 years of supervised release
3
Possession of an Unregistered Firearm
Maximum of 10 years imprisonment; maximum fine of $10,000; and maximum of 3 years of supervised release
Case No. 1:21-cr-72
DEFENDANT
COUNT
CHARGE
STATUTORY PENALTIES
JOSEPH DANIEL PERRY
1
Distribution of a Controlled Substance
Mandatory minimum of 5 years imprisonment; maximum of 40 years imprisonment; maximum fine of $5,000,000; and at least 4 years of supervised release
2
Distribution of a Controlled Substance
Mandatory minimum of 5 years imprisonment; maximum of 40 years imprisonment; maximum fine of $5,000,000; and at least 4 years of supervised release
Rutherford County Man Is Sentenced to 11 Years in Prison for Receipt of Child PornographyRead the Press Release
ASHEVILLE, N.C. – Chief U.S. District Judge Martin Reidinger sentenced today Jason Michael Miles, 37, of Forest City, N.C., to 132 months in prison for receipt of child pornography, announced William T. Stetzer, Acting U.S. Attorney for the Western District of North Carolina. In addition to the prison term imposed, Miles was ordered to serve a lifetime of supervised release and to register as sex offender after his incarceration.
Ronnie Martinez, Special Agent in Charge of U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI) in North Carolina, joins Acting U.S. Attorney Stetzer in making today’s announcement.
According to admissions contained in plea documents and today’s sentencing hearing, on February 24, 2018, New Zealand investigators became aware that an individual later identified as Miles was utilizing the username “PURSEANON” to post pictures of children to a foreign image website. Court records show that Miles had posted approximately 15 photos albums containing images of young girls secretly taken in public places. One of the albums, titled “GIRL AT CVS,” contained information that helped investigators determine the images were taken a CVS store located in Morganton, N.C.
According to court documents, on February 25, 2018, New Zealand investigators began undercover communications with Miles, during which Miles expressed his interest in children and distributed files containing depictions of the sexual abuse of children to the undercover investigator. After law enforcement determined Miles’ identity, the investigation was transferred to the HSI office in Hendersonville, N.C. On May 31, 2018, HSI agents executed a search warrant at Miles’ residence in Rutherford County. During the execution of the search warrant, law enforcement seized multiple electronic devices. An analysis of the seized devices revealed that Miles had an extensive library of child pornography that contained more than 7,193 images and videos depicting the sexual abuse of children, including infants and toddlers.
Court records show that while Miles was serving in the U.S. Air Force, he was convicted of two counts of Indecent Liberties With a Child Under Age 16 and was sentenced to four years in prison. As a result of that conviction, Miles was also ordered to register as sex offender for a period of 30 years.
Miles pleaded guilty to receipt of child pornography on February 24, 2021. He is currently in federal custody and will be transferred to the custody of the federal Bureau of Prisons upon designation of a federal facility.
In making today’s announcement, Acting U.S. Attorney Stetzer commended HSI for their investigation of the case.
Special Assistant U.S. Attorney (SAUSA) Alexis Solheim, with the U.S. Attorney’s Office in Asheville, prosecuted the case. Ms. Solheim is a state prosecutor with the office of the 43rd Prosecutorial District and was assigned by District Attorney Ashley Welch to serve as a SAUSA with the U.S. Attorney’s Office in Asheville. Ms. Solheim is duly sworn in both state and federal courts. The SAUSA position is a reflection of the partnership between the office of the 43rd Prosecutorial District and the United States Attorney’s Office.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in 2006 by the Department of Justice, aimed at combating the growing online sexual exploitation of children. By combining resources, federal, state and local agencies are better able to locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue those victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
Kentucky Man Convicted of Possessing over Five Kilograms of Methamphetamine Is Sentenced to More Than 18 YearsRead the Press Release
ASHEVILLE, N.C. – Acting U.S. Attorney William T. Stetzer announced today that Mitchell Glenn Bell, 45, of Monticello, Kentucky, was sentenced to 226 months in prison and five years of supervised release, for possession with intent to distribute methamphetamine. Chief U.S. District Judge Martin Reidinger presided over the hearing.
Robert J. Murphy, Special Agent in Charge of the Atlanta Field Division of the Drug Enforcement Administration (DEA), which oversees the Asheville Post of Duty, and Sheriff Chip Hall of the Jackson County Sheriff’s Office, join Acting U.S. Attorney Stetzer in making today’s announcement.
According to information in filed court documents and today’s sentencing hearing, on November 7, 2018, a deputy with the Jackson County Sheriff’s Office attempted to conduct a traffic stop of the motorcycle Bell was riding following a traffic violation. Court records show that after Bell pulled over to the side of the road and the deputy exited his vehicle to approach the motorcycle, Bell sped away. Law enforcement located the abandoned motorcycle shortly thereafter and began to search for Bell in the nearby woods. The defendant was located and placed under arrest. At that time, deputies also recovered from the woods Bell’s backpack, which contained more than five kilograms of methamphetamine, digital scales, other drug paraphernalia, ammunition, over $11,500 in cash, and multiple fake driver’s licenses.
On January 11, 2021, Bell pleaded guilty to possession with intent to distribute methamphetamine. He is currently in federal custody and will be transferred to custody of the federal Bureau of Prisons upon designation of a federal facility.
In making today’s announcement, Acting U.S. Attorney Stetzer thanked the DEA and the Jackson County Sheriff’s office for their investigation.
Assistant U.S. Attorney John Pritchard, of the U.S. Attorney’s Office in Asheville, prosecuted the case.