Eastern District of Oklahoma
Press releases recorded for this federal judicial district.
Okmulgee Man Pleads Guilty to Assault of an Intimate Partner and Dating Partner in Indian CountryRead the Press Release
MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that Nathan Joe Checotah, age 26, of Okmulgee, Oklahoma entered a guilty plea to Assault of an Intimate Partner and Dating Partner in Indian Country, in violation of Title 18, United States Code, Sections 113(a)(8), 1151 and 1153, punishable by not more than 10 years imprisonment, a fine up to $250,000.00, or both.
The Indictment alleged that on or about January 15, 2020, within the Eastern District of Oklahoma, in Indian Country, Nathan Joe Checotah, an Indian, did assault the person of T.G., a person who was an intimate and dating partner, by strangling and suffocating, and attempting to strangle and suffocate T.G.
The charges arose from an investigation by the Federal Bureau of Investigation.
The Honorable Kimberly E. West, U.S. Magistrate Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, accepted the plea and ordered the completion of a presentence investigation report.
Special Assistant United States Attorney David Youll represented the United States at the plea hearing.
Muskogee Man Pleads Guilty to Child Neglect in Indian CountryRead the Press Release
MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that Brandon Edward Bridges, age 24, of Muskogee, Oklahoma entered a guilty plea to Child Neglect In Indian Country, in violation of Title 18, United States Code, Sections 1151, 1153 and Title 21, Oklahoma Statutes, Section 843.5(C), punishable by not more than life imprisonment, a fine up to $5,000.00, or both.
The Indictment alleged that on or about December 7, 2019, in the Eastern District of Oklahoma, in Indian Country, the defendant, Brandon Edward Bridges, an Indian, did willfully and maliciously fail and omit to provide JS1, JS2, JS3, AS, BB1, and BB2, adequate food, clothing, shelter, sanitation and hygiene and appropriate care and supervision and failed to protect JS1, JS2, JS3, AS, BB1, and BB2 from exposure to the use and possession of illegal drugs and illegal activities all while BRANDON EDWARD BRIDGES was responsible for the health, safety and welfare of JS1, JS2, JS3, AS, BB1, and BB2, children under the age of eighteen.
The charges arose from an investigation by the Federal Bureau of Investigation.
The Honorable Steven P. Shreder, U.S. Magistrate Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, accepted the plea and ordered the completion of a presentence investigation report.
Assistant United States Attorney Jarrod Leaman represented the United States at the plea hearing.
Weleetka Man Pleads Guilty to Abusive Sexual Contact in Indian CountryRead the Press Release
MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that Kyle Elliott Leitka, age 31, of Weleetka, Oklahoma entered a guilty plea to Abusive Sexual Contact In Indian Country, in violation of Title 18, United States Code, Sections 1151, 1153, 2244(b) and 2246(3), punishable by not more than 2 years imprisonment, a fine up to $250,000.00, or both.
The Indictment alleged that on or about June 22, 2020, within the Eastern District of Oklahoma, in Indian Country, the defendant, an Indian, knowingly engaged and attempted to engage in abusive sexual contact with the victim.
The charges arose from an investigation by the Federal Bureau of Investigation.
The Honorable Kimberly E. West, U.S. Magistrate Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, accepted the plea and ordered the completion of a presentence investigation report.
Assistant United States Attorney Sarah McAmis represented the United States at the plea hearing.
Stilwell Man Pleads Guilty to Aggravated Sexual Abuse in Indian CountryRead the Press Release
MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that Billy Ray Flynn, age 65, of Stilwell, Oklahoma entered a guilty plea to Aggravated Sexual Abuse In Indian Country, in violation of Title 18, United States Code, Sections 1153, 2241(a)(1) and 2246(2)(A), punishable by not more than life imprisonment, a fine up to $250,000.00, or both.
The Indictment alleged that on or about January 31, 2020, in the Eastern District of Oklahoma, in Indian Country, the defendant, an Indian, did knowingly use force against J.F. and cause his penis to penetrate the vulva of J.F., thereby causing J.F. to engage in a sexual act against her will.
The charges arose from an investigation by the Cherokee Nation Marshal Service and the Federal Bureau of Investigation.
The Honorable Kimberly E. West, U.S. Magistrate Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, accepted the plea and ordered the completion of a presentence investigation report.
Special Assistant United States Attorney Courtney Jordan represented the United States.
Okmulgee Man Pleads Guilty to Carrying A Firearm During and in Relation to A Crime of ViolenceRead the Press Release
MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that Jatavier Bradford, age 17, of Okmulgee, Oklahoma entered a guilty plea to Carrying A Firearm During And In Relation To A Crime Of Violence, punishable by not less than 5 years imprisonment, a fine up to $250,000.00, or both. Bradford, who will be 18 next month, entered a plea of guilty after being transferred to adult status in court.
The Information alleged that on or about July 7, 2020, in the Eastern District of Oklahoma within the territorial boundaries of the Muscogee (Creek) Nation reservation, the defendant, JATAVIER BRADFORD did carry a firearm, that is, a Taurus Model PT111, 9mm S/N TCY95849, during and in relation to a crime of violence for which he may be prosecuted in a court of the United States, in violation of Title 18 U.S.C. § 924(c)(1)(A)(i).
The charges arose from an investigation by the Federal Bureau of Investigation.
The Honorable Steven P. Shreder, U.S. Magistrate Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, accepted the plea and ordered the completion of a presentence investigation report.
Special Assistant United States Attorney David Youll represented the United States at the plea hearing.
Forty Two Individuals Indicted in August & September Grand JuriesRead the Press Release
MUSKOGEE, OKLAHOMA – United States Attorney Brian J. Kuester today announced the results of the August & September 2020 Federal Grand Juries. The combined grand juries returned 32 unsealed and 4 sealed indictments on crimes ranging from kidnapping, federal firearms offenses, robbery, drug trafficking/distribution, child exploitation, aggravated sexual assaults in Indian country, and murder in Indian country.
The following named individuals have been charged with a federal crime or crimes by the return of an indictment by the Grand Jury. A grand jury Indictment does not constitute evidence of guilt. A grand jury Indictment is a method of bringing formal charges against the defendant. A defendant is presumed innocent of the charges and may not be found guilty unless evidence establishes guilt beyond a reasonable doubt. United States Sentencing Guidelines may be considered, upon conviction, by the sentencing court. Federal prison sentences are non-parolable.
JIMCY MCGIRTAggravated Sexual Abuse In Indian Country (Three Counts)
McGirt, 71, of Wagoner County, is charged with 3 counts of sexual abuse of a minor. Allegations are, in 1996, McGirt knowingly engaged in sexual acts with a child under the age of 12.
The Federal Bureau of Investigation is the primary investigative agency.
MICHAEL WAYNE MILLER
Felony Child Abuse In Indian Country (Two Counts)
Miller, 41, of Muskogee, is charged with willfully striking and injuring a child under the age of eighteen in January 2019.
The Federal Bureau of Investigation is the primary investigative agency.
BRANDON EDWARD BRIDGES
Child Neglect In Indian Country
Bridges, 24, of Muskogee, is charged with neglecting the health, safety and welfare of children under his supervision and exposing them to the use and possession of illegal drugs and illegal activities.
The Federal Bureau of Investigation is the primary investigative agency.
JAYCE MICHAEL MOSQUITO
Aggravated Sexual Abuse In Indian Country
Mosquito, 33, of Okmulgee, is charged with sexual abuse of a minor in Indian Country, alleging in June, 2018, Mosquito knowingly engaged in sexual activity with a child under the age of 12.
The Federal Bureau of Investigation is the primary investigative agency.
CALEB TRENT HODGINS
TYLER SHANE GRANDSTAFF
TYLER ROSS DEERINWATERMurder In Indian Country
Use, Brandish, Discharge, And Carry A Firearm During And In Relation To A Crime of Violence
Assault With Intent To Commit Murder In Indian Country (Three Counts)Hodgins, 25, of Holdenville; Grandstaff, 29, of Seminole, and Deerinwater, 29, of Holdenville, are charged with brandishing and using a Smith & Wesson .40 caliber pistol to kill Jonathon Merriman on or about June 24, 2018.
The Federal Bureau of Investigation is the primary investigative agency.
NATHAN JOE CHECOTAH
Assault Of An Intimate Partner And Dating Partner In Indian Country
Assault With A Dangerous Weapon With Intent To Commit Bodily Harm In Indian CountryChecotah, 26, of Okmulgee, is alleged to have assaulted his dating partner by suffocating and strangling her.
The Federal Bureau of Investigation and Sapulpa Police Department are the investigative agencies.
JOSHUA RYAN GANN
Murder In Indian Country
Gann, 29, of Wetumka, is charged with the premeditated murder of his grandfather, Gregory Lee Fish, with a sword.
The Federal Bureau of Investigation is the primary investigative agency.
KYLE ELLIOTT LEITKA
Abusive Sexual Contact In Indian Country
Leitka, 31, of Weleetka, is charged with having sexual contact with the victim without permission.
The Federal Bureau of Investigation is the primary investigative agency.
KYLE JOSEPH VANNORTWICK
Murder In Indian Country
Vannortwick, 35, of Muskogee, is charged with the premeditated murder of his identical twin brother, Adam Vannortwick, with a knife.
The Federal Bureau of Investigation is the primary investigative agency.
MARK KEVIN DODSON
SETH HENRY THOMASArson In Indian Country
Dodson, 51, of Okemah and Thomas, 22, of Okemah, are charged with conspiring and maliciously setting fire to a dwelling in Indian country, on or about September 15, 2019.
The Federal Bureau of Investigation is the primary investigative agency.
TOMMY RYAN GOUGE
Murder In Indian Country
Gouge, 41, of Clearview, is charged with the premeditated murder of his wife, Stephanie Michelle Gouge, on February 14, 2020, with an edged weapon.
The Federal Bureau of Investigation is the primary investigative agency.
JEREMY SANUEL HOOTEN
Assault With A Dangerous Weapon In Indian Country
Assault Resulting In Serious Bodily Injury In Indian Country
Robbery In Indian Country
Use, Carry, And Brandishing A Firearm During And In Relation To A Crime Of Violence
First Degree Burglary In Indian CountryHooten, 19, of Eufaula, is charged with breaking and entering into a home and, restraining, violently assaulting, and robbing an elderly victim at gun point. In the commission of the robbery, the victim sustained lacerations to the head.
The Federal Bureau of Investigation is the primary investigative agency.
AUSTIN DEAN MCMAHAN
Murder In Indian Country (Two Counts)
McMahan, 21, of Okmulgee, is charged with the premeditated murder of Mandy Hart (his girlfriend) and Ronald Chandler by shooting them both with a firearm.
The Federal Bureau of Investigation is the primary investigative agency.
GAGE HAYDEN ROSS
Assault With Intent To Commit Murder In Indian Country
Assault With A Dangerous Weapon With Intent To Do Bodily Harm In Indian Country
Assault Resulting In Serious Bodily Injury In Indian Country
Use, Carry And Discharge Of A Firearm During And In Relation To A Crime Of ViolenceRoss, 22, of Oktaha, is charged with shooting a victim in the back with a firearm with intent to kill.
The Federal Bureau of Investigation is the primary investigative agency.
MATTHEW ROY LAWSON
Sexual Exploitation Of A Child / Use Of A Child To Produce A Visual Depiction
Possession Of Certain Material Involving The Sexual Exploitation Of A MinorLawson, 33, of Springdale Arkansas, is charged with willfully trying to persuade a person under the age of 12 years old to engage in sexually explicit conduct and using a child to produce visual depictions of a sexual nature.
The Federal Bureau of Investigation is the primary investigative agency.
DIAMOND LEVI BRITT
Murder In Indian Country
Britt, 25, of Henryetta, is charged with the premeditated murder of his father, Gary Britt, on or about September 16, 2019, with a sword.
The Federal Bureau of Investigation is the primary investigative agency.
MARTHA CHRISTINE SIMPSON
JABAICA LEE TECUMSEH
TOMMY GLEN TECUMSEHMurder In Indian Country
Simpson, 44, of Broken Arrow; J. Tecumseh, 40, of Okmulgee, and T. Tecumseh, 33, of Okmulgee, are all charged with the premeditated stabbing murder of Robert Trevor Richardson.
The Federal Bureau of Investigation is the primary investigative agency.
CAMERON AUSTIN BURGESS
Assault Resulting In Substantial Bodily Injury To A Spouse, Intimate Partner, Or Dating Partner In Indian Country
Assault Resulting In Serious Bodily Injury In Indian Country
Use, Carry, And Discharge Of A Firearm During And In Relation To A Crime Of ViolenceBurgess, 22, of Morris, is charged with assaulting his partner with a firearm, causing substantial bodily injury by gunshot wound.
The Federal Bureau of Investigation is the primary investigative agency.
PATRICK DWAYNE MURPHY
Murder In Indian Country
Murder In Indian Country In Perpetration Of Kidnapping
Kidnapping Resulting In DeathMurphy, 51, of Vernon, is charged with the kidnapping and premeditated murder of George Jacobs, on August 28, 1999, with a knife.
The Federal Bureau of Investigation is the primary investigative agency.
SOLOMON LAMONT HORSECHIEF
Aggravated Sexual Abuse In Indian Country (Four Counts)
Horsechief, 35, of Muskogee, is charged with four counts of sexual abuse of a person under the age of 16 years old and administering intoxicants to said minor.
The Federal Bureau of Investigation is the primary investigative agency.
DENNIS DEWAYNE CANTRELL
Possession With Intent To Distribute Heroin
Possession With Intent To Distribute Methamphetamine
Possession Of Firearm In Furtherance Of A Drug Trafficking Crime
Felon In Possession Of A FirearmCantrell, 29, of McAlester, is charged with possession of heroin and methamphetamine with intent to distribute. Cantrell is further charged as a felon in possession of a firearm in furtherance of drug trafficking crime.
The Drug Enforcement Administration is the primary investigative agency.
MIKE AVERY THOMPSON, JR.
Assault With A Dangerous Weapon With Intent To Commit Bodily Harm In Indian Country
Assault Resulting In Serious Bodily Injury In Indian CountryThompson, 30, of Okemah, is charged with the stabbing, resulting in serious bodily harm, of a male in Indian Country.
The Federal Bureau of Investigation is the primary investigative agency.
NELSON ONARO, D.O.
Unlawful Distribution And Dispensing Of Controlled Substances (Twenty Four Counts)
Onaro, a 67 year-old Doctor of Osteopathic Medicine out of McAlester, is charged with illegally dispensing and distributing controlled substances from approximately May 23, 2019, to on or about November 26, 2019.
The Drug Enforcement Administration is the primary investigative agency.
COLTON DELAIN EDWARDS
JOBE ANTHONY TERRONEZ
PHILLIP LEMONT JONES, JR.
JAKEYVIOUS DUNE LEE KEY
JAYSEA MARKARA WILLIAMSAssault With Intent To Commit Murder In Indian Country (Two Counts)
Attempted Robbery In Indian Country (Two Counts)
First Degree Burglary In Indian Country (Two Counts)
Assault With A Dangerous Weapon, With Intent To Do Bodily Harm In Indian Country (Two Counts)
Use, Carry, And Discharge Of A Firearm During And In Relation To A Crime Of Violence
Firearms ConspiracyEdwards, 19, Terronez, 19, Jones Jr., 19, Key, 19, and Williams, 19, all of Haskell, allegedly used firearms to attempt to shoot, assault, and ultimately murder victims during the commission of a burglary and attempted robbery.
The Federal Bureau of Investigation is the primary investigative agency.
JOHNATHAN ZAMUDIO
Murder In Indian Country
Zamudio, 33, of Muskogee, is charged with the premeditated stabbing murder of Keith Dean Boswell, while in a physical altercation with the victim outside of a Family Dollar store in the city of Muskogee.
The Federal Bureau of Investigation is the primary investigative agency.
JOSHUA RYAN GREEN
Murder In Indian Country (Two Counts)
Arson In Indian CountryGreen, 30, of Okemah, is charged with the premeditated murder of his former girlfriend’s mother and brother with a firearm. Green is also charged with maliciously setting a fire to the incident residence.
The Federal Bureau of Investigation is the primary investigative agency.
DORION LAROY MARTIN
Assault With Intent To Commit Murder In Indian Country
Assault With A Dangerous Weapon With Intent To Commit Bodily Harm In Indian Country (Two Counts)
Assault Resulting In Serious Bodily Injury In Indian Country
Use, Carry And Discharge Of A Firearm During And In Relation To A Crime Of Violence
Felon In Possession Of FirearmMartin, 28, of Muskogee, allegedly used a firearm to attempt to shoot, assault, and ultimately murder victims by causing serious bodily injury during an altercation. Martin is further charged as a felon in possession of a firearm in relation to a crime of violence.
The Federal Bureau of Investigation is the primary investigative agency.
KYLE JOE MAXWELL
Robbery In Indian Country
Maxwell, 26, of Weleetka, allegedly robbed a convenience store at gunpoint in Okfuskee County on November 8, 2017.
The Federal Bureau of Investigation is the primary investigative agency.
MATTHEW WEST NIX
Involuntary Manslaughter In Indian Country
Nix, 33, of Morris, is charged with involuntary manslaughter after causing a car accident, resulting in the death of a woman, while driving impaired.
The Federal Bureau of Investigation is the primary investigative agency.
STEPHEN JACK NELSON
Assault With A Dangerous Weapon With Intent To Commit Bodily Harm In Indian Country
Nelson, 32, of McAlester, is charged with discharging a firearm with intent to cause bodily harm during a verbal altercation.
The Federal Bureau of Investigation is the primary investigative agency.
RAITHIELE ROBINSON
SKY ANGEL WRIGHTMurder In Indian Country In Perpetration Of Robbery
Attempted Robbery
ConspiracyRobinson, 46, of Broken Arrow and Wright, 25, of Broken Arrow, allegedly caused the unlawful killing of the victim, Mikael Parker, during the commission of the robbery.
The Federal Bureau of Investigation is the primary investigative agency.
DAVID NEIL DUNN
Assault Resulting In Serious Bodily Injury In Indian Country
Use, Carry, And Discharge Of A Firearm During And In Relation To A Crime Of ViolenceDunn, 20, of Muskogee, is charged with brandishing and discharging a shortened .22 caliber rifle that resulted in a female victim sustaining gunshot wounds on October 9, 2019.
The Federal Bureau of Investigation is the primary investigative agency.
United States Attorney Brian J. Kuester Announces $481,097 Award to Tahlequah Public Schools to Improve School SafetyRead the Press Release
MUSKOGEE, OKLAHOMA – U.S. Attorney Brian J. Kuester of the Eastern District of Oklahoma announced that Tahlequah Public Schools received $481,097 from the Department of Justice’s Office of Community Oriented Policing Services (COPS Office) School Violence Prevention Program (SVPP). Nationally, the COPS Office SVPP awarded nearly $50 million in school safety funding. SVPP provides up to 75% funding for school safety measures in and around primary and secondary schools and school grounds.
United States Attorney Brian J. Kuester said, “School safety is a priority for school administrators, law enforcement agencies, and the community in general. Taking proactive measures to increase school security is a costly endeavor. This award to the Tahlequah Public Schools will relieve the financial burden of ensuring the safest possible environment for the children to learn and the teachers to educate them.”
“With the new school year underway, the safety of our nation’s students remains paramount,” said COPS Office Director Phil Keith. “Although this school year may look different at the start, now is the ideal time to make preparations to enhance school safety for when all of our children are back in the classroom.”
The Students, Teachers, and Officers Preventing School Violence Act of 2018 (STOP School Violence Act of 2018) gave the COPS Office authority to provide awards directly to states, units of local government, Indian tribes, and public agencies (such as school districts and law enforcement agencies) to improve security at schools and on school grounds in the jurisdiction of the grantee through evidence-based school safety programs. The award announced today can be used for coordination with law enforcement; training for local law enforcement officers to prevent student violence; metal detectors, locks, lighting, and other deterrent measures; technology for expedited notification of local law enforcement during an emergency; and other measures that provide a significant improvement in security. The full list of SVPP awards can be found here: cops.usdoj.gov/pdf/2020AwardDocs/svpp/Award_List.pdf.
In addition to the school safety grants announced today, the COPS Office School Safety Working Group, which is composed of representatives from eight national law enforcement organizations, has identified 10 essential actions that can be taken by schools, school districts, and law enforcement agencies to help prevent critical incidents involving the loss of life or injuries in our nation's schools and to respond rapidly and effectively when incidents do occur. The Ten Essential Actions to Improve School Safety are applicable to school shootings as well as to other areas of school safety, including natural disasters and traumatic events such as student suicide. Adopting policies and practices based on the recommendations in this publication can help make school communities safer and save lives.*******
The COPS Office is the federal component of the Department of Justice responsible for advancing community policing nationwide. Since 1994, the COPS Office has invested more than $14 billion to advance community policing, including grants awarded to more than 13,000 state, local and tribal law enforcement agencies to fund the hiring and redeployment of more than 134,000 officers and provide a variety of knowledge resource products including publications, training and technical assistance.
The year 2020 marks the 150th anniversary of the Department of Justice. Learn more about the history of our agency at www.Justice.gov/Celebrating150Years.
Broken Arrow Man Receives 36 Months Probation for Making Counterfeit ObligationRead the Press Release
MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that Aaron Robert Schupp, age 36, of Broken Arrow, Oklahoma was sentenced to 3 years of probation for Making Counterfeit Obligation, in violation of Title 18, United States Code, Section 471. The charges arose from an investigation by the Broken Arrow Police Department and the United States Secret Service.
The Indictment alleged that beginning in or about September 2018, and continuing until on or about September 17, 2019, the Defendant, with intent to defraud, falsely made, forged, counterfeited and altered an obligation of the United States, fifteen counterfeited twenty-dollar Federal Reserve Notes, and six counterfeited one-hundred-dollar Federal Reserve Notes.
United States Attorney Brian J. Kuester said, “Counterfeiters can very quickly do a lot of harm to a community by injecting worthless currency into unsuspecting local businesses. Fortunately for the City of Broken Arrow and the surrounding areas, a prompt and thorough investigation by the Broken Arrow Police Department and the United States Secret Service, this scheme came to an abrupt halt.”
“The United States Secret Service aggressively investigates the manufacturing and distribution of counterfeit currency in order to protect the integrity of our financial systems,” said Douglas Farrell, Resident Agent in Charge of the Tulsa U.S. Secret Service Office. “Counterfeiting victimizes everyone in our community and can be especially devastating to small business where a significant loss can cripple an operating budget. The effective partnership between the Secret Service and the Broken Arrow Police Department led to successful prosecution of this case and sends a strong message that our community will not tolerate these type of criminal offenses.”
The Honorable Ronald A. White, U.S. District Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, presided over the hearing. Assistant United States Attorney Clay Compton represented the United States.
Seminole Man Sentenced to 48 Months Probation, $249,000 Restitution for Theft from Organization Receiving Federal FundsRead the Press Release
MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that Randall Pete Loftis, age 41, of Seminole, Oklahoma was sentenced to 4 years of probation and ordered to pay $249,000.00 in restitution for Theft From Organization Receiving Federal Program Funds, in violation of Title 18, United States Code, Section 666(a)(1)(A). The charges arose from an investigation by the Seminole Police Department and the Department of Defense Office of Inspector General - Defense Criminal Investigative Service (“DCIS”).
The Information alleged that from on or about December 19, 2011, until on or about August 9, 2016, in the Eastern District of Oklahoma, the defendant, Randall Pete Loftis, being an agent, employee, and officer of Enviro Systems, Inc., an organization which received in excess of $10,000 in federal benefits in each one year period from 2011 through 2016, embezzled, stole, obtained by fraud, and without authority knowingly converted to his use, property of a value of $5,000 or more, owned by, under the care of, and under the control of Enviro Systems, Inc.
United States Attorney Brian J. Kuester said, “The defendant over a period of years fraudulently used a company credit card to purchase items valued at nearly $250,000 for his personal enrichment. DCIS investigators and members of this office, after many years of investigation and working with Enviro Systems to identify the amount of loss, have successfully brought the defendant to justice. He is being held accountable and restitution has been ordered.”
The Honorable Ronald A. White, U.S. District Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, presided over the hearing. Assistant United States Attorney Rob Wallace represented the United States.
Okmulgee Man Pleads Guilty to Failure to Register as Sex OffenderRead the Press Release
MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that Derrick Leron Jordan, age 49, of Okmulgee, Oklahoma entered a guilty plea to Failure To Register As Sex Offender, in violation of Title 18, United States Code, Sections 2250(a)(1), 2250(a)(2)(B) and 2250(a)(3), punishable by not more than 10 years imprisonment, a fine up to $250,000.00, or both.
The Indictment alleges that from on or about December 14, 2018, until on or about March 24, 2020, in the Eastern District of Oklahoma, and elsewhere, the defendant, an individual required to register as a sex offender under the Sex Offender Registration and Notification Act, after having received a felony conviction from the State of Oklahoma on or about April 22, 1999, for Rape First Degree and Oral Sodomy, traveled in interstate commerce and knowingly failed to register and update his registration as required by the Sex Offender Registration and Notification Act.
The charges arose from an investigation by the Okmulgee Police Department and the United States Marshals Service.
The Honorable Steven P. Shreder, U.S. Magistrate Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, accepted the plea and ordered the completion of a presentence investigation report.
Special Assistant United States Attorney Courtney Jordan represented the United States at the change of plea hearing.
Porter Woman Pleads Guilty to Theft or Embezzlement by Bank EmployeeRead the Press Release
MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that Deborah Kay Jenkins, age 48, of Porter, Oklahoma entered a guilty plea to Theft, Embezzlement Or Misapplication By Bank Employee, in violation of Title 18, United States Code, Section 656, punishable by up to 30 years of imprisonment, a fine up to $1,000,000.00, or both.
The Information alleged that From in or about May 2017 through in or about February 2019, in the Eastern District of Oklahoma, the defendant, being an employee of, and connected in a capacity with First Bank in Porter, Oklahoma, a bank whose deposits are insured by the Federal Deposit Insurance Corporation, with intent to injure and defraud the said First Bank, willfully misapplied, embezzled, abstracted, and purloined more than $1,000.00 of the moneys, funds, assets and securities entrusted to the custody and care of First Bank, in that the defendant withdrew cash and transferred funds from the bank and misapplied, embezzled, abstracted and purloined the funds.
The charges arose from an investigation by the Federal Bureau of Investigation.
The Honorable Steven P. Shreder, U.S. Magistrate Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, accepted the plea and ordered the completion of a presentence investigation report.
Special Assistant United States Attorney Courtney Jordan represented the United States at the plea hearing.
Eufaula Man Sentenced to 78 Months, $3,000 Restitution for Possession of Material Involving Sexual Exploitation of A MinorRead the Press Release
MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that Jacob Quinlan Navarrette, age 28, of Eufaula, Oklahoma was sentenced to 78 months’ imprisonment, 10 years of supervised release, and pay $3,000.00 in restitution for Possession Of Certain Material Involving The Sexual Exploitation Of A Minor, in violation of Title 18, United States Code, Sections 2252(a)(4)(B) and 2252(b)(2). Once released from incarceration, the Defendant must register as a sex offender, complete sex offender treatment and comply with conditions of that treatment including polygraphs to determine compliance, the Defendant may not possess any type of pornography, and he must submit to examinations of his computers. The charges arose from an investigation by the Federal Bureau of Investigation.
The Indictment alleged that beginning in or about January 2018, and continuing until on or about May 2, 2018, in the Eastern District of Oklahoma, the defendant knowingly possessed and accessed with the intent to view, and attempted to possess and access with the intent to view, a visual depiction of a prepubescent minor under the age of twelve engaging in sexually explicit conduct, and said visual depiction was of such sexually explicit conduct and had been transported in interstate commerce by computer.
United States Attorney Brian J. Kuester said, “The horrific acts committed against children by the criminals who produce child pornography is made profitable by the criminals that purchase, possess, and share it. I commend the FBI for its diligent efforts to identify, investigate, and bring to justice those who are involved in despicable acts against children.”
The Honorable Ronald A. White, U.S. District Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, presided over the hearing. Assistant United States Attorney Sarah McAmis represented the United States.
Beggs Man Sentenced to 25 Months for Possession of Firearm, AmmunitionRead the Press Release
MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that Gerome William Davis, age 22, of Beggs, Oklahoma was sentenced to 25 months’ imprisonment, and 3 years of supervised release for Felon In Possession Of Firearm And Ammunition, in violation of Title 18, United States Code, Sections 922(g)(1) and 924(a)(2). The charges arose from an investigation by the Okmulgee County Sheriff’s Office, the District 25 District Attorney’s Office, and the Federal Bureau of Investigation as part of the Project Safe Neighborhoods (“PSN”) effort in the Eastern District of Oklahoma to reduce violent crime.
The Indictment alleged that on or about December 2, 2019, in the Eastern District of Oklahoma, the defendant, having been convicted of a crime punishable by imprisonment for a term exceeding one year, and knowing of said conviction, knowingly possessed in and affecting commerce a firearm, which had been shipped and transported in interstate commerce.
United States Attorney Brian J. Kuester said, “Enforcing federal firearms laws removes guns from violent offenders and makes communities safer. The Project Safe Neighborhoods project is such a valuable initiative because it brings state, local, tribal, and federal law enforcement agencies together to focus on reducing violent crime.”
“The FBI is committed to keeping firearms out of the hands of convicted felons like Mr. Davis," said Melissa Godbold, Special Agent in Charge of the FBI's Oklahoma City Field Office. “The FBI and our law enforcement partners will continue to work closely together to investigate those who violate federal firearms statutes.”
The Honorable Ronald A. White, U.S. District Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, presided over the hearing. Assistant United States Attorney Ryan Conway represented the United States at the sentencing hearing.Tahlequah Man Sentenced to 60 Months Probation for Firearm PossessionRead the Press Release
MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that Troy Gene Duchesne, age 29, of Tahlequah, Oklahoma was sentenced to 5 years’ probation for Felon in Possession of Firearm, in violation of Title 18, United States Code, Sections 922(g)(1) and 924(a)(2). The charges arose from an investigation by the Tahlequah Police Department and the Federal Bureau of Investigation.
The Indictment alleged that on or about September 26, 2019, within the Eastern District of Oklahoma, the defendant, having previously been convicted of a crime punishable by imprisonment for a term exceeding one year, and knowing of such conviction, knowingly possessed in and affecting commerce, a firearm which had been shipped and transported in interstate commerce.
United States Attorney Brian J. Kuester said, “I am thankful for the strong working relationships between local and federal law enforcement agencies in the Eastern District. This investigation was a result of such relationships. We all serve better when we serve our communities together.”
The Honorable Ronald A. White, U.S. District Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, presided over the hearing. Assistant United States Attorney Shannon Henson represented the United States at the sentencing hearing.
Muskogee Man Sentenced to 33 Months for Failure to Register as Sex OffenderRead the Press Release
MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that David William Wilcox, age 48, of Muskogee, Oklahoma was sentenced to 33 months’ imprisonment, and 5 years of supervised release for Failure To Register As Sex Offender, in violation of Title 18, United States Code, Sections 2250(a)(1), 2250(a)(2)(B) and 2250(a)(3). While on supervised release, the defendant cannot reside with anyone under 18 years of age without prior approval and he must undergo sex offender treatment and comply with any requirements to monitor his progress, including polygraphs. The charges arose from an investigation by the Muskogee Police Department and the United States Marshals Service.
The Indictment alleged that from on or about October 21, 2018, until on or about September 16, 2019, in the Eastern District of Oklahoma, and elsewhere, the defendant, an individual required to register as a sex offender under the Sex Offender Registration and Notification Act, after having received a felony conviction from the State of North Dakota on or about January 27, 2014, for Felony Sexual Assault, traveled in interstate commerce and knowingly failed to register and update his registration as required by the Sex Offender Registration and Notification Act.
United States Attorney Brian J. Kuester said, “Sex offender registration statutes protect the public by requiring sex offenders to properly notify the appropriate law enforcement agencies where they are residing. The United States Marshals Service and its local law enforcement partners play a vital role in public safety by enforcing these laws.”
“As part of our efforts to keep our communities safe, it is with great pride that the United States Marshals Service works alongside state, local and tribal law enforcement to ensure that convicted sex offenders comply with the requirements of the Sex Offender Registration and Notification Act” said, United States Marshal Kerry Pettingill.
The Honorable Ronald A. White, U.S. District Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, presided over the hearing. Assistant United States Attorney Sarah McAmis represented the United States.
Memphis, Tennessee Man Pleads Guilty to Methamphetamine DistributionRead the Press Release
MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that Juan Carlos Cervantes-Ramirez, age 36, of Memphis, Tennessee entered a guilty plea to Possession with Intent to Distribute Methamphetamine, in violation of Title 21, United States Code, Sections 841(a)(1) and 841(b)(1)(A), punishable by not less than 10 years and not more than life imprisonment, a fine up to $10,000,000.00, or both. Mr. Cervantes-Ramirez is in the United States on a resident alien card and is subject to deportation as a result of this offense.
The Indictment alleged that on or about July 3, 2017, within the Eastern District of Oklahoma, the defendant, did knowingly and intentionally possess with intent to distribute 500 grams or more of a mixture or substance containing a detectable amount of methamphetamine a Schedule II controlled substance.
The charges arose from an investigation by the Oklahoma Highway Patrol and the Drug Enforcement Administration.
The Honorable Steven P. Shreder, U.S. Magistrate Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, accepted the plea and ordered the completion of a presentence investigation report.
Assistant United States Attorney Dean Burris represented the United States at the change of plea hearing.
Broken Bow Man Pleads Guilty to Methamphetamine DistributionRead the Press Release
MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that Wendell Ray Caudle, age 51, of Broken Bow, Oklahoma entered a guilty plea to Possession with Intent to Distribute Methamphetamine, in violation of Title 21, United States Code, Sections 841(a)(1) and 841(b)(1)(C). The maximum possible penalty for Possession with Intent to Distribute Methamphetamine is imprisonment for a period of not more than 20 years and/or a fine of $1,000,000.00, and a term of supervised release to be determined by the Court. The maximum possible penalty for Possession of a Firearm in Furtherance of a Drug Trafficking Crime is imprisonment for a period of not less than 5 years consecutive to the sentence in Count One, and/or a fine of $250,000.00.
The Indictment alleged that from on or about December 24, 2019, in the Eastern District of Oklahoma, the defendant, did knowingly and intentionally possess, with intent to distribute, a mixture or substance containing a detectable amount of methamphetamine, a Schedule II controlled substance. The Indictment further alleged that on or about December 24, 2019, in the Eastern District of Oklahoma, the defendant, did knowingly possess a firearm, to wit: one (1) Derringer, .32 caliber revolver, Model D-32, serial number 286056, in furtherance of a drug trafficking crime for which he may be prosecuted in a court of the United States, that is, Possession with Intent to Distribute Methamphetamine.
The charges arose from an investigation by the McCurtain County Sheriff’s Office and the Bureau of Alcohol, Tobacco, Firearms and Explosives.
The Honorable Kimberly E. West, U.S. Magistrate Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, accepted the plea and ordered the completion of a presentence investigation report.
Assistant United States Attorney Nalani Ching represented the United States at the change of plea hearing.
Park Hill Man Sentenced to 292 Months for Drug ConspiracyRead the Press Release
MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that Guy Coleston McDonald, age 32, of Park Hill, Oklahoma was sentenced to 292 months’ imprisonment, and 5 years of supervised release for Drug Conspiracy, in violation of Title 21, United States Code, Section 846. The charges arose from an investigation by the Tahlequah Police Department, the Cherokee County Sheriff’s Office, the Sequoyah County Sheriff’s Office, and the Bureau of Alcohol, Tobacco, Firearms and Explosives (“ATF”).
The Superseding Indictment alleged that beginning in or about September 2017, and continuing up to and including the date of the Superseding Indictment, within the Eastern District of Oklahoma and elsewhere, the defendant knowingly and intentionally conspired and agreed with others, known and unknown to the Grand Jury, to possess with intent to distribute and distribute 500 grams or more of a mixture or substance containing a detectable amount of methamphetamine, a Schedule II controlled substance.
Over the course of the Drug Conspiracy, the Defendant was responsible for the acquisition and eventual distribution of multiple kilograms of methamphetamine throughout the Eastern District of Oklahoma. Through the use of violence he was able to intimidate and threaten others to insure payment for the methamphetamine he distributed to them. During the course of collecting and attempting to collect “drug debts”, the Defendant pistol-whipped, physically assaulted, and stole drugs and a firearm from others. On one occasion, he shot multiple times into the bedroom window of an individual who owed a “drug debt” of $300 to the Defendant. The individual was struck in the leg but survived.
United States Attorney Brian J. Kuester said, “Hundreds of people die every year in Oklahoma as a result of methamphetamine. It is critical to public safety that local, state, tribal and federal law enforcement agencies continue to diligently pursue drug trafficking organizations responsible for delivery and distribution of this deadly drug in Oklahoma and throughout the country. Because of successful multi-agency investigations like this one, we continue to identify the distribution networks and organizations that deliver the drugs and the tragic outcomes that follow.”
”The availability of illegal drugs and guns lends to increased violent crime in our communities,” stated ATF Special Agent in Charge Jeffrey C. Boshek II. “ATF is committed to disrupting that cycle through collaborative investigations like this.”
The Honorable Ronald A. White, U.S. District Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, presided over the hearing. Assistant United States Attorney Shannon Henson represented the United States.
Los Angeles, California Man Sentenced to 120 Months for Methamphetamine DistributionRead the Press Release
MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that Edward Shontel Beattie, age 47, of Los Angeles, California was sentenced to 120 months’ imprisonment, and 5 years of supervised release for Possession With Intent To Distribute Methamphetamine, in violation of Title 21, United States Code, Sections 841(a)(1) and 841(b)(1)(A). The charges arose from an investigation by the Oklahoma Highway Patrol and the Drug Enforcement Administration (“DEA”).
The Indictment alleged that on or about August 5, 2019, in the Eastern District of Oklahoma, the defendant knowingly and intentionally possessed with intent to distribute 500 grams or more of a mixture or substance containing a detectable amount of methamphetamine, a Schedule II controlled substance.
United States Attorney Brian J. Kuester said, “Methamphetamine kills. It is a deadly drug that reaches its victims by way of members of drug trafficking organizations who care only about their profits. Thanks to the diligent efforts of the Oklahoma Highway Patrol in partnership with the DEA, this defendant will not be sending drug proceeds to his bosses and the life-destroying poisonous product will not reach our communities.”
“This sentence sends a message to those who use Oklahoma highways to feed the drug addicted and line the pockets of criminal organizations,” said Eduardo A. Chavez, Special Agent in Charge of the Dallas Field Division, which covers the State of Oklahoma. “The DEA and our steadfast Oklahoman law enforcement partners will identify, investigate, and prosecute those to the fullest extent of the law.”
The Honorable Ronald A. White, U.S. District Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, presided over the hearing. Assistant United States Attorney Jarrod Leaman represented the United States.
Two Individuals Sentenced for Bribery, Theft And/Or Embezzlement of Alabama-Quassarte Tribal TownRead the Press Release
MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced the sentencings of Bristow, Oklahoma resident, George Phillip Tiger, age 70, and Aaron Dewayne Terry, age 64, of Wichita Falls, Texas. Mr. Tiger was sentenced to 12 months and 1 day imprisonment, 2 years’ supervised release, and ordered to pay a $10,000.00 fine for bribery concerning programs receiving federal funds, in violation of Title 18, United States Code, Section 666(a)(1)(B). Mr. Terry was sentenced to 48 months’ imprisonment, 3 years’ supervised release, and ordered to pay restitution in the amount of $1,250,000 for the theft and embezzlement of funds from business entities wholly owned by the Alabama-Quassarte Tribal Town (“AQTT”). Mr. Terry was also sentenced to 36 months’ imprisonment, 1 year supervised release, and ordered to pay restitution in the amount of $105,068.58 for federal tax charges. Mr. Terry’s sentencings are to run concurrently.
The AQTT is a federally recognized Indian tribe located in Oklahoma with an enrollment of 461 members. The AQTT-owned business entities focus primarily on federal contract procurement in Huntsville, Alabama. The AQTT is headquartered in Wetumka, Oklahoma.
Tiger, the former Principal Chief of the Muscogee (Creek) Nation, was an agent of the AQTT from September 26, 2017 through December 4, 2018. His duties included serving as the Chairman of the Economic Development Authority (EDA) Board. The AQTT formed the EDA to identify, plan, initiate, and develop tribal economic and industrial activities on behalf of the AQTT. The Indictment to which Tiger entered his guilty plea alleged that from on or about September 26, 2017 through on or about February 15, 2019, he corruptly solicited, demanded, accepted and agreed to accept a bribe from Mr. Aaron Terry, intending to be influenced and rewarded in connection with a transaction or series of transactions of the AQTT.
Mr. Terry held various executive management and control positions within the AQTT-owned business entities. He pled guilty to one count of Theft By An Agent Of An Indian Tribal Government Receiving Federal Funds, in violation of Title 18, United States Code, Section 666(a)(1)(A); one count of Bribery Concerning Programs Receiving Federal Funds, in violation of Title 18, United States Code, Section 666(a)(1)(B); and one count of Conspiracy to Commit Bribery, in violation of Title 18, United States Code, Section 371. Mr. Terry also pled guilty via Information to two counts of personal Tax Fraud, in violation of Title 26, United States Code, Section 7206(1).
“Mr. Tiger took advantage of the position of trust he had been given by the people of the Alabama-Quassarte Tribal Town. Instead of acting in the best interests of those he was appointed to serve Tiger sought out and received unlawful profit for himself. Terry likewise exploited his position as an agent of a tribal government for his own selfish and unlawful gain.” said United States Attorney Brian J. Kuester. “This office and the agencies who have been involved in this investigation are committed to identifying, investigating, and prosecuting those who corrupt the positions of trust and authority they hold.”
"While serving as appointed officials within the Alabama-Quassarte Tribal Town, George Tiger and Aaron Terry engaged in various bribery schemes with the sole intention of personal financial gain," said Melissa Godbold, Special Agent in Charge of the FBI's Oklahoma City Field Office. "The prosecution of these subjects should serve as a warning that law enforcement will not tolerate officials who abuse their positions of trust.”
"The sentencings today illustrate the commitment of the Defense Criminal Investigative Service (DCIS), along with our law enforcement partners, to aggressively pursue those who exploit, for their own benefit, Tribal organizations and their business entities that support critical national security programs funded by the Department of Defense (DoD)," said Michael Mentavlos, Special Agent-in-Charge of the DCIS Southwest Field Office. "DCIS will continue to investigate corruption and fraud that affects the DoD through the exploitation of Small Business Administration programs designed to help disadvantaged groups."
“Today’s sentence sends a clear message that the laws of the land apply to everyone, regardless of position or power,” said Kevin Caramucci, Assistant Special Agent in Charge, IRS-CI’s Dallas Field Office. “Public officials who fail to faithfully discharge the duties of their office will be investigated, prosecuted and subjected to the full punishment of the law for their actions.”
The Defense Criminal Investigative Service (DCIS) – Office of Inspector General, the Federal Bureau of Investigation (FBI), the Internal Revenue Service, the Small Business Administration – Office of Inspector General, the General Services Administration – Office of Inspector General, the Army Criminal Investigations Division, and the Naval Criminal Investigative Service participated in the investigation that lead to the Indictment of Tiger and Terry.
The Honorable Ronald A. White, U.S. District Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, presided over the sentencing hearings for each of the defendants. Assistant United States Attorney Douglas Horn, Assistant United States Attorney Ryan Heatherman, and Special Assistant United States Attorney Courtney Jordan represented the United States at the sentencing hearing. Tiger and Terry will be supervised by the United States Probation Office for the Eastern District of Oklahoma.
Plano, Texas Man Sentenced to 6 Months Imprisonment, 6 Months at Halfway House for Transmitting Threatening CommunicationRead the Press Release
MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that Stanley Colin Moldenhauer, age 39, of Plano, Texas was sentenced to 6 months’ imprisonment, 6 months at a halfway house and 3 years of supervised release for Transmitting a Threatening Communication in Interstate Commerce, in violation of Title 18, United States Code, Section 875(c), The charges arose from an investigation by the Choctaw Nation Tribal Police and the Federal Bureau of Investigation.
The Indictment alleged that on or about May 4, 2019, in the Eastern District of Oklahoma and elsewhere, the defendant, did knowingly and willfully transmit in interstate commerce, communications containing a threat to injure a person.
United States Attorney Brian J. Kuester said, “Threatening to injure others is not only unnecessary and wrong, it is illegal. The defendant now has a clear understanding of such. I hope others who might be inclined to make threats will make better decisions than he did.”
“Today's sentencing is a reminder that communicating a threat is a serious crime and will not be tolerated,” said Melissa Godbold, Special Agent in Charge of the FBI's Oklahoma City Field Office. "The FBI and our law enforcement partners will continue to aggressively investigate individuals who threaten violence against tribal nation facilities."
The Honorable Ronald A. White, U.S. District Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, presided over the hearing. Assistant United States Attorney Sarah McAmis represented the United States.
Tahlequah Man Pleads Guilty to Possession of Firearm and Ammunition, Threatening Federal Official's Family MemberRead the Press Release
MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that Hurley Dewayne Pitts, age 46, of Tahlequah, Oklahoma entered a guilty plea to Felon In Possession Of Firearm & Ammunition, in violation of Title 18, United States Code, Sections 922(g)(1), 924(a)(2) and 924(e)(1), punishable by not more than 10 years imprisonment, a fine up to $250,000.00, or both; and to Influencing Federal Official By Threatening Family Member, in violation of Title 18, United States Code, Sections 115(a)(1)(A) and 115(b)(4), punishable by 10 years imprisonment, a fine up to $250,000.00, or both.
The Indictment alleged that on or about January 18, 2020, within the Eastern District of Oklahoma, the defendant, having been convicted of a crime punishable by imprisonment for a term exceeding one year, and knowing of said conviction, did knowingly possess in and affecting commerce, a firearm and ammunition which had been shipped and transported in interstate commerce.
The Indictment further alleged that on or about February 22, 2020, within the Eastern District of Oklahoma, the defendant, did threaten to assault, kidnap, and murder the immediate family members of T.C., a Task Force Officer for the Federal Bureau of Investigation, with intent to impede, intimidate, and interfere with T.C. while he was engaged in the performance of his official duties, and to retaliate against T.C. on account of the performance of his official duties.
The charges arose from an investigation by the Tahlequah Police Department and the Federal Bureau of Investigation.
The Honorable Steven P. Shreder, U.S. Magistrate Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, accepted the plea and ordered the completion of a presentence investigation report.
Assistant United States Attorney Clay Compton represented the United States at the change of plea hearing.
Okmulgee Man Pleads Guilty to Methamphetamine DistributionRead the Press Release
MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that Kenneth Roy Nester, age 26, of Okmulgee, Oklahoma entered a guilty plea to Possession With Intent To Distribute Methamphetamine, in violation of Title 21, United States Code, Sections 841(a)(1) and 841(b)(1)(C), punishable by not more than 20 years imprisonment, a fine up to $1,000,000.00, or both.
The Indictment alleged that on or about December 30, 2019, in the Eastern District of Oklahoma, the defendant, did knowingly and intentionally possess with intent to distribute a mixture or substance containing a detectable amount of methamphetamine, a Schedule II controlled substance.
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The charges arose from an investigation by the Okmulgee Police Department and the Federal Bureau of Investigation as part of the Project Safe Neighborhoods (“PSN”) effort in the Eastern District of Oklahoma to reduce violent crime. PSN is an initiative led and coordinated by the United States Attorney’s Office.The Honorable Steven P. Shreder, U.S. Magistrate Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, accepted the plea and ordered the completion of a presentence investigation report.
Assistant United States Attorney Jarrod Leaman represented the United States at the change of plea hearing.
Wagoner Woman Pleads Guilty to Firearm PossessionRead the Press Release
MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that Jonie Lee Welsh, a/k/a Jonie Lee Welsch, age 36, of Wagoner, Oklahoma entered a guilty plea to Felon In Possession Of Firearm, in violation of Title 18, United States Code, Sections 922(g)(1) and 924(a)(2), punishable by not more than 10 years imprisonment, a fine up to $250,000.00, or both.
The Indictment alleged that on or about May 22, 2019, in the Eastern District of Oklahoma, the defendant, having been convicted of a crime punishable by imprisonment for a term exceeding one year, and knowing of said conviction, did knowingly possess in and affecting commerce, a firearm, which had been shipped and transported in interstate commerce.
The charges arose from an investigation by the Adair County Sheriff’s Office, the United States Marshal Service Violent Crimes Task Force, and the Bureau of Alcohol, Tobacco, Firearms and Explosives.
The Honorable Kimberly E. West, U.S. Magistrate Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, accepted the plea and ordered the completion of a presentence investigation report.
Special Assistant United States Attorney Courtney Jordan represented the United States at the change of plea hearing.
Shawnee Man Charged with Robbing BancFirst Branch in Paden, OklahomaRead the Press Release
MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that the federal grand jury has issued an Indictment charging Bobby Ray Scott III, age 42, of Shawnee, Oklahoma, with Bank Robbery in violation of Title 18, United States Code, Sections 2113(a) and 2113(d). Bank Robbery is punishable by not more than life imprisonment, up to a $250,000.00 fine, or both.
The Indictment alleges that on or about June 12, 2020, in the Eastern District of Oklahoma, the defendant, by force, violence and intimidation did take from the person and presence of another, money belonging to and in the care, custody, control, management and possession of BancFirst located in Paden, Oklahoma, the deposits of which were then insured by the Federal Deposit Insurance Corporation, and in committing such offense, the defendant, Bobby Ray Scott III, did assault and put in jeopardy the life of another person by the use of a dangerous weapon, that is a firearm.
The charges arose from an investigation by the Okfuskee County Sheriff’s Office, the Homeland Security Investigations Task Force, and the Federal Bureau of Investigation Safe Trails Task Force. The Oklahoma Safe Trails Task Force is comprised of the FBI and nine partner agencies including: Muscogee Creek Nation Lighthorse Police, Okmulgee Police Department, Okmulgee Sheriff’s Office, Oklahoma Bureau of Narcotics, District 25 District Attorney’s Investigators, Cherokee Nation Police, Tahlequah Police Department, and Wagoner Police Department. Assistant United States Attorney Dean Burris represents the United States.
The above named individual has been charged with a federal crime or crimes by the return of an indictment by the Grand Jury. A grand jury Indictment does not constitute evidence of guilt. A grand jury Indictment is a method of bringing formal charges against the defendant. A defendant is presumed innocent of the charges and may not be found guilty unless evidence establishes guilt beyond a reasonable doubt.
Two Individuals Indicted in July Federal Grand JuryRead the Press Release
MUSKOGEE, OKLAHOMA – The United States Attorney’s Office announced today the results of the July 2020 Federal Grand Jury.
“The following named individuals have been charged with a federal crime or crimes by the return of an indictment by the Grand Jury. A grand jury Indictment does not constitute evidence of guilt. A grand jury Indictment is a method of bringing formal charges against the defendant. A defendant is presumed innocent of the charges and may not be found guilty unless evidence establishes guilt beyond a reasonable doubt. United States Sentencing Guidelines may be considered, upon conviction, by the sentencing court. Federal prison sentences are non-parolable.”
BILLY RAY FLYNN, age 65, of Stilwell, Oklahoma
a/k/a Billy Ray AbbottAggravated Sexual Abuse In Indian Country
IncestThe Indictment alleges that from on or about January 31, 2020, in the Eastern District of Oklahoma, in Indian Country, the defendant, BILLY RAY FLYNN a/k/a Billy Ray Abbott, an Indian, did knowingly cause J.F. to engage in a sexual act as defined in Title 18, United States Code, Section 2246, to wit, penetration, however slight, of the vulva of J.F. by the penis, by the use of force against J.F., in violation of Title 18, United States Code, Sections 1153, 2241(a)(1) and 2246, punishable by not more than life imprisonment, a fine up to $250,000.00, or both.
The Indictment further alleges that from on or about January 31, 2020, in the Eastern District of Oklahoma, in Indian Country, the defendant, BILLY RAY FLYNN a/k/a Billy Ray Abbott, an Indian, did fornicate with J.F., a person within the degrees of consanguinity within which marriages are by the laws of Oklahoma declared incestuous and void, in violation of Title 18, United States Code, Sections 1153 and 13; Title 21, Oklahoma Statutes, Section 885, punishable by not more than 10 years imprisonment, a fine up to $250,000.00, or both.
The charges arose from an investigation by the Cherokee Nation Marshal Service and the Federal Bureau of Investigation.
Special Assistant United States Attorney Courtney Jordan
DARIN DAWAYNE TATE, age 42, of Broken Bow, Oklahoma
Felon In Possession Of Ammunition
The Indictment alleges that on or about March 4, 2020, in the Eastern District of Oklahoma the defendant, DARIN DAWAYNE TATE, having previously been convicted of a crime punishable by imprisonment for a term exceeding one year, and knowing of such conviction, did knowingly possess in and affecting commerce, ammunition which had been shipped and transported in interstate and foreign commerce, in violation of Title 18, United States Code, Sections 922(g)(1) and 924(a)(2), punishable by not more than 10 years imprisonment, a fine up to $250,000.00, or both.
The charges arose from an investigation by the Idabel Police Department and the Drug Enforcement Administration.
Assistant United States Attorney Ryan Heatherman
Henryetta Woman Pleads Guilty to Methamphetamine DistributionRead the Press Release
MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that Brandis Nicole Fish, age 36, of Henryetta, Oklahoma entered a guilty plea to Possession With Intent To Distribute Methamphetamine, in violation of Title 21, United States Code, Sections 841(a)(1) and 841(b)(1)(B), punishable by not less than 5 years to not more than 40 years imprisonment, a fine up to $5,000,000.00 or both.
The Indictment alleged that from on or about January 27, 2020, in the Eastern District of Oklahoma, the defendant, did knowingly and intentionally possess with intent to distribute 50 grams or more of a mixture or substance containing a detectable amount of methamphetamine, a Schedule II controlled substance.
The charges arose from an investigation by the Okmulgee County Sheriff’s Office and the Federal Bureau of Investigation Safe Trails Task Force. The Oklahoma Safe Trails Task Force is comprised of the FBI and nine partner agencies including: Muscogee Creek Nation Lighthorse Police, Okmulgee Police Department, Okmulgee Sheriff’s Office, Oklahoma Bureau of Narcotics, District 25 District Attorney’s Investigators, Cherokee Nation Police, Tahlequah Police Department, and Wagoner Police Department. The task force is focused on combating and reducing crime related to tribal jurisdictions across Oklahoma.
The Honorable Kimberly E. West, U.S. Magistrate Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, accepted the plea and ordered the completion of a presentence investigation report.
Assistant United States Attorney Ryan Conway represented the United States at the change of plea hearing.
Joint Statement from the United States Attorneys for the Northern, Eastern and Western Districts of Oklahoma on McGirt v. Oklahoma Supreme Court RulingRead the Press Release
“As Oklahoma’s United States Attorneys, we are confident tribal, state, local, and federal law enforcement will work together to continue providing exceptional public safety under this new ruling by the United States Supreme Court.”
U.S. Attorney Timothy Downing, Western District of Oklahoma
U.S. Attorney Brian Kuester, Eastern District of Oklahoma
U.S. Attorney Trent Shores, Northern District of OklahomaIRS Criminal Investigation and the United States Attorney's Office Remind Taxpayers of Upcoming Tax Filing Deadline; Urge Taxpayers to Remain Vigilant of ScamsRead the Press Release
MUSKOGEE, OKLAHOMA – The Internal Revenue Service Criminal Investigation division and the U.S. Attorney’s Office for the Eastern District of Oklahoma reminded taxpayers of the July 15 filing and payment deadline and warned against an increase in tax and COVID-19 scams.
Due to COVID-19, the original filing deadline and tax payment due date for 2019 was postponed from April 15 to July 15. Taxpayers filing Form 1040 series returns must file Form 4868 by July 15 to obtain the automatic extension to Oct. 15.
“Although the extension provides additional time to file the tax return – it is not an extension to pay any taxes due”, said Tamera Cantu, Special Agent in Charge of IRS-CI’s Dallas Field Office. “For people facing hardships who cannot pay in full, including those affected by COVID-19, the IRS has several options available to help. The IRS encourages taxpayers to visit IRS.gov as soon as possible to explore these options and avoid accruing interest and penalties after the July 15 deadline.”
As the filing deadline approaches, taxpayers should beware of tax and COVID-19 related scams. “The unfortunate reality is that criminals will use any number of methods to attempt to defraud others, including the upcoming federal tax filing deadline,” said U.S. Attorney Brian J. Kuester for the Eastern District of Oklahoma. “It is vitally important for taxpayers to be wary of potential scams directed at stealing personal and financial information. It is not the practice of the IRS to initiate contact with citizens via telephone, e-mail or social media to request personal or financial information.”
In the last few months, the IRS Criminal Investigation division (CI) has continued to see a tremendous increase in a variety of Economic Impact Payment scams and other financial schemes. CI continues to work with its law enforcement partners to put a stop to these schemes and bring criminals to justice.
Taxpayers can report COVID-19 scams to the National Center for Disaster Fraud. Taxpayers can also report fraud or theft of their Economic Impact Payments to the Treasury Inspector General for Tax Administration (TIGTA). Unsolicited (phishing) e-mails that appear to be from the IRS should be forwarded to [email protected].
For the most up-to-date information about the tax filing deadline and IRS impersonation scams, taxpayers can visit IRS.gov.
Muskogee Man Pleads Guilty to Methamphetamine Distribution and Firearms Possession in Furtherance of Drug TraffickingRead the Press Release
MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that Brent Allen Haire, age 42, of Muskogee, Oklahoma entered a guilty plea to Possession With Intent To Distribute Methamphetamine, in violation of Title 21, United States Code, Sections 841(a)(1) and 841(b)(1)(B), punishable by not less than 5 years and not more than 40 years imprisonment, a fine up to $5,000,000.00, or both; to Possession Of Firearms In Furtherance Of Drug Trafficking Crime, in violation of Title 18, United States Code, Section 924(c), punishable by not less than 5 years to run consecutive to any other term of imprisonment imposed, a fine up to $250,000.00, or both; and to Felon In Possession Of Firearms, in violation of Title 18, United States Code, Sections 922(g)(1) and 924(a)(2), punishable by not more than 10 years imprisonment, a fine up to $250,000.00, or both.
The Indictment alleged that on or about February 24, 2020, in the Eastern District of Oklahoma, the defendant, did knowingly and intentionally possess with intent to distribute 50 grams or more of a mixture or substance containing a detectable amount of methamphetamine, a Schedule II controlled substance.
The Indictment further alleged that on or about February 24, 2020, in the Eastern District of Oklahoma, the defendant, did knowingly possess firearms in the furtherance of a drug trafficking crime for which he may be prosecuted in a court of the United States, that is, Possession with Intent to Distribute Methamphetamine as alleged in Count One.
The Indictment further alleged that on or about February 24, 2020, in the Eastern District of Oklahoma, the defendant, having been convicted of a crime punishable by imprisonment for a term exceeding one year, and knowing of said conviction, did knowingly possess in and affecting commerce, firearms which had been shipped and transported in interstate commerce.
The charges arose from an investigation by the Muskogee Police Department and the Drug Enforcement Administration.
The Honorable Steven P. Shreder, U.S. Magistrate Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, accepted the plea and ordered the completion of a presentence investigation report.
Assistant United States Attorney Nalani Ching represented the United States at the change of plea hearing.
Four Muskogee Individuals Sentenced for Charges Relating to Witness TamperingRead the Press Release
MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced the sentencing of Muskogee residents, Derrick Christopher Segue, age 26, to 65 months’ imprisonment and 3 years’ supervised release, and Klawaun Lynell Sutton a/k/a “O.G.G.”, age 38, to 80 months’ imprisonment and 3 years’ supervised release for Conspiracy to Tamper With a Witness in violation of 18 United States Code, Sections 1512(b)(1), 1512(k), and 1512(j); and Jasmine Dazha McCoy, age 23, to 4 years’ probation; and Alison Rachel Morgan, age 28, to 5 years’ probation, for Tampering With a Witness, in violation of Title 18, United States Code, Sections 1512(b)(1). Segue and Sutton were each found guilty by a federal jury following a trial that commenced on Tuesday, October 29, 2019 and concluded on Thursday, October 31, 2019. McCoy and Morgan were sentenced following their pleas of guilty to the charge of Tampering With a Witness.
During the trial of Sutton and Segue evidence proved that while being held in the Muskogee County Jail Sutton and Segue conspired to intimidate and intimidated a fellow inmate who they believed had provided information to the Muskogee Police Department which had led to the issuance of a search warrant for another inmate’s home. The intimidation was intended to cause and induce the person to withhold testimony from an official proceeding.
The Information filed against McCoy and Morgan alleged than on the 31st day of January, 2019, they knowingly attempted to intimidate and corruptly persuade a person by providing confidential information identifying that person as a police informant with the intent to influence, delay, and prevent testimony in an official proceeding.
The charges arose from a joint investigation by the Federal Bureau of Investigation, the Drug Enforcement Administration, the Oklahoma Bureau of Narcotics and Dangerous Drugs, the Muskogee County Sheriff’s Office, and the Muskogee Police Department. Additionally, many different agencies that are members of the DEA High Intensity Drug Trafficking Areas Task Force (“HIDTA”) and the FBI Safe Trails Task Force played important roles in the investigation which was part of a large scale drug conspiracy leading to the indictment of eleven defendants.
United States Attorney Brian J. Kuester said, “Attempting to subvert justice through the use of violence or threats against a witness is a crime against the witness and an attack on our justice system. Those who carry out the violence, direct it, or participate in planning it are subject to prosecution. This prosecution and sentence should send a message to those who think they can avoid justice by tampering with a witness.”
The Honorable Ronald A. White, U.S. District Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, presided over the sentencing hearings for each of the defendants. Assistant United States Attorneys Rob Wallace and Ryan Conway represented the United States. Sutton and Segue will remain in custody pending transportation to the designated federal facility where they will serve their respective non-parolable sentences. McCoy and Morgan will be supervised by the United States Probation Office for the Eastern District of Oklahoma.
Broken Bow Man Sentenced to 60 Months for Firearm PossessionRead the Press Release
MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that Logan Lawson Cox, age 29, of Broken Bow, Oklahoma was sentenced to 60 months’ imprisonment, and 3 years of supervised release for Felon In Possession Of Firearm, in violation of Title 18, United States Code, Sections 922(g)(1) and 924(a)(2). The charges arose from an investigation by the McCurtain County Sheriff’s Office and the Bureau of Alcohol, Tobacco, Firearms and Explosives.
The Indictment alleged that on or about November 17, 2019, in the Eastern District of Oklahoma, the defendant, having been convicted of a crime punishable by imprisonment for a term exceeding one year, and knowing of said conviction, knowingly possessed in and affecting commerce, a firearm which had been shipped and transported in interstate commerce.
United States Attorney Brian J. Kuester said, “Working with local law enforcement agencies to combat violent crime is a Department of Justice priority. Enforcing federal gun laws removes guns from those who are prohibited from possessing them and removes those offenders from the communities where they have chosen to continue a life of crime. The result is safer communities.”
ATF Special Agent in Charge Jeffrey C. Boshek II said, "ATF is committed to working with our partners and keeping firearms out of the hands of violent offenders. Eastern Oklahoma is now safer because Mr. Cox, a multi-convicted felon, is behind bars.”
The Honorable Ronald A. White, U.S. District Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, presided over the hearing. Assistant United States Attorney Jarrod Leaman represented the United States.
Okmulgee Man Sentenced to 120 Months for Two Counts of Abusive Sexual Contact in Indian CountryRead the Press Release
MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that Mandrell Ray Roberts a/k/a TUFFY, age 68, of Okmulgee, Oklahoma was sentenced to 120 months’ imprisonment, and 5 years of supervised release with mandatory sex offender registration and treatment and a restriction that he cannot live with or be around children under 18 for two counts of Abusive Sexual Contact In Indian Country, in violation of Title 18, United States Code, Sections 1153, 2244(a)(5), and 2246(3). The charges arose from an investigation by the Muscogee Creek Nation Lighthorse Police and the Federal Bureau of Investigation.
The Indictment alleged in two separate counts that beginning in or about July 2018, and continuing until on or about July 31, 2019, in the Eastern District of Oklahoma, in Indian Country, the defendant, an Indian, knowingly engaged in sexual contact and caused sexual contact by intentionally touching, directly and through the clothing, the breast and buttocks of two people who had not attained the age of 12 years, with an intent to arouse or gratify the sexual desire of any person.
United States Attorney Brian J. Kuester said, “The defendant will have no more opportunities to harm children to satisfy his sick and selfish desires. I am hopeful the children he victimized will find a sense of closure and peace today knowing their courage and participation in the criminal justice system resulted in justice being served.”
"While today’s sentencing of Mr. Roberts cannot erase the harm inflicted upon his victims, it highlights the FBI's commitment to holding sexual predators accountable for their crimes," said Melissa Godbold, Special Agent in Charge of the FBI Oklahoma City Field Office. “The FBI and our law enforcement partners are dedicated to ensuring that children are protected from abuse and exploitation.”
The Honorable Ronald A. White, U.S. District Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, presided over the hearing. Assistant United States Attorney Sarah McAmis represented the United States.
Howe Man Sentenced to 36 Months Probation, $150,000 Restitution for Conversion of Mortgaged PropertyRead the Press Release
MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that Ronald Justin Johnson, age 38, of Howe, Oklahoma was sentenced to 3 years of probation and ordered to pay restitution in the amount of $150,117.68 for Conversion Of Mortgaged Property, in violation of Title 18, United States Code, Section 658. The charges arose from an investigation by the United States Department of Agriculture – Office of Inspector General (“OIG”).
The Indictment alleged that from April 1, 2016 through July 14, 2016, the defendant knowingly and with intent to defraud, willfully disposed of and converted to his own use certain property, to-wit: thirty-two (32) head of cattle, said property having a value in excess of $1,000.00, and which was at the time of said disposition and conversion, mortgaged, pledged to and held by the United States Department of Agriculture – Farm Service Agency.
United States Attorney Brian J. Kuester said, “People who receive the benefits of federal loan programs through the Farm Service Agency do so with the knowledge and understanding that they have certain obligations that must be fulfilled as part of the loan agreement. Failure to fulfill those obligations jeopardizes programs intended to assist those in need of funding to support agricultural businesses. I commend the Department of Agriculture OIG for its diligence in identifying and investigating these crimes in Eastern Oklahoma.”
The Honorable Ronald A. White, U.S. District Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, presided over the hearing. Assistant United States Attorney Ben Gifford represented the United States.Tahlequah Man Sentenced to 12 Months 1 Day for Firearm PossessionRead the Press Release
MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that Haskell Doak Willis, age 65, of Tahlequah, Oklahoma was sentenced to 12 months and 1 day of imprisonment, and 3 years of supervised release for Felon In Possession Of Firearm, in violation of Title 18, United States Code, Sections 922(g)(1) and 924(a)(2). Willis was also ordered to resign as a member of the Oklahoma Bar Association. The charges arose from an investigation by the Tahlequah Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives.
The Indictment alleged that on August 26, 2019, the defendant, having been convicted of a crime punishable by imprisonment for a term exceeding one year, and knowing of said conviction, knowingly possessed in and affecting commerce, a firearm which had been shipped and transported in interstate commerce.
United States Attorney Brian J. Kuester said, “The Department of Justice is committed to working with state, local, and tribal law enforcement agencies to make communities safer. Enforcing federal gun laws is an effective strategy to do that.”
“ATF is committed to keeping illegal firearms and Narcotics off the streets of Tahlequah. Mr Willis, as a practicing attorney, knew these risks better than anyone. He will now know what it feels like to be on the other side of the law,” stated ATF Special Agent in Charge Jeffrey C. Boshek II.
The Honorable Ronald A. White, U.S. District Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, presided over the hearing. First Assistant United States Attorney Christopher Wilson represented the United States at the sentencing hearing.Seven Individuals Indicted for Drug Conspiracy (Methamphetamine)Read the Press Release
MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced today that seven defendants, primarily residents of Pittsburg, Le Flore, and Sequoyah Counties, have been indicted for their roles in a conspiracy to distribute and possess with the intent to distribute methamphetamine in the Eastern District of Oklahoma and elsewhere. Drug Conspiracy is punishable by not less than 10 years imprisonment, and up to a $10,000,000 fine or both. The defendants were indicted on June 9, 2020. A coordinated law enforcement operation to arrest the defendants charged in the indictment began on Tuesday, June 16, 2020. A copy of the full indictment can be found online at go.usa.gov/xwfmV.
Defendants indicted are Heath Lloyd Taylor, age 41, of McAlester, Oklahoma; Kyle Lee Hamby, age 29, of McAlester, Oklahoma; Marlene Annette Garcia aka Marlene Annette Moss, age 38, of Poteau, Oklahoma; Edward Charles Sofsky, age 28, of Poteau, Oklahoma; Rhanda Danielle Chautee Billy aka Rhonda Billy, age 28, of Wister, Oklahoma; Marty Ray CAMPBELL, age 45, of Muldrow, Oklahoma; and Kevin Leon King, age 36, of Muldrow, Oklahoma.
The charges arose from a joint investigation led by Homeland Security Investigations (“HSI”), the Drug Enforcement Administration (“DEA”), and the Sequoyah County Sheriff’s Office. Numerous other agencies played important roles, including HSI task force members from the Oklahoma Attorney General’s Office, the Tulsa County Sheriff’s Office, the Wagoner County Sheriff’s Office, and the Tulsa Police Department, and DEA McAlester HIDTA Task Force members, Bureau of Indian Affairs and the DA District 18 Drug Task Force. The Oklahoma Bureau of Narcotics, Poteau Police Department, DA District 16 Drug Task Force, Arkoma Police Department, LeFlore County Sheriff’s Office, and Choctaw Nation Tribal Police also assisted.
This case is part of the Department of Justice’s Organized Crime and Drug Enforcement Task Force (OCDETF) program. The OCDETF program is the centerpiece of the Department of Justice’s drug supply reduction strategy. OCDETF was established to conduct comprehensive, multilevel attacks on major drug trafficking and money laundering organizations. Today, OCDETF combines the resources and expertise of its member federal agencies in cooperation with state and local law enforcement. The principal mission of the OCDETF program is to identify, disrupt, and dismantle the most serious drug trafficking and money laundering organizations and those primarily responsible for the nation’s illicit drug supply.
“For years Oklahoma has been plagued by the death and destruction that methamphetamine leaves in its wake. Drug cartels and dealers profit while addicts, their families, communities, and society respond to the tragic outcomes,” said United States Attorney Brian J. Kuester. “Over the last several months numerous federal, state, local, and tribal law enforcement agencies joined forces to strike back against a drug trafficking organization whose members are responsible for delivering large quantities of methamphetamine to rural Oklahoma and committing acts of violence to perpetuate their drug trafficking operations. The men and women of those agencies worked tirelessly alongside each other and with members of the United States Attorney’s Office to get to this phase of the investigation. I commend and thank all those agencies that participated.”
“The prosecution of members of this criminal organization is a victory for our communities not only because of the threat they pose to public safety but also the hateful ideology they believe in,” said Ryan L. Spradlin, Special Agent in Charge of HSI Dallas. “HSI will continue to aggressively use its ample authority, and pool its expertise and resources with our law enforcement partners to take ruthless drug traffickers and organized criminals off our streets.”
“If you choose to traffic methamphetamine in Oklahoma, you will be caught and held to justice,” stated Eduardo A. Chavez, Special Agent in Charge of the DEA Dallas Field Division. “Through our strong partnerships with area law enforcement and with the support of the Texoma High Intensity Drug Trafficking Area program, the tireless hours spent by our agents, officers, investigators and analysts has made the streets of our hometowns safer.”
A grand jury Indictment does not constitute evidence of guilt. A grand jury Indictment is a method of bringing formal charges against the defendant. A defendant is presumed innocent of the charges and may not be found guilty unless evidence establishes guilt beyond a reasonable doubt.
Former Achille Mayor Sentenced to Federal Prison for Possessing Firearms Stolen from Police Department Evidence RoomRead the Press Release
MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that David Shane Northcutt, age 42, of Achille, Oklahoma was sentenced to 24 months’ imprisonment, and 2 years of supervised release for Possession of Stolen Firearms, in violation of Title 18, United States Code, Sections 922(j) and 924(a)(2). The charges arose from an investigation by the Achille Police Department, the Bryan County Sheriff’s Office, the Oklahoma State Bureau of Investigation, and the Bureau of Alcohol, Tobacco, Firearms and Explosives.
The Indictment alleged that on or about March 5, 2019, the defendant knowingly possessed firearms which had been shipped and transported in interstate commerce, knowing and having reasonable cause to believe the firearms were stolen.
The Honorable Ronald A. White, U.S. District Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, presided over the hearing. First Assistant United States Attorney Christopher Wilson represented the United States at the sentencing hearing.
Dallas, Texas Man Sentenced to 150 Months for Methamphetamine DistributionRead the Press Release
MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that Jacob Thomas Decker, age 28, of Dallas, Texas was sentenced to 150 months’ imprisonment, and 3 years of supervised release for Possession With Intent To Distribute Methamphetamine, in violation of Title 21, United States Code, Sections 841(a)(1) and 841(b)(1)(C). The charges arose from an investigation by the Durant Police Department, the Johnston County Sheriff’s Office, the Oklahoma Highway Patrol, the District 22 District Attorneys Task Force, and the Drug Enforcement Administration. The Indictment alleged that on January 16, 2019 the defendant knowingly and intentionally possessed with intent to distribute a mixture or substance containing a detectable amount of methamphetamine, a Schedule II controlled substance.
The investigation began on January 16, 2019 in Durant when the defendant led officers on a vehicle pursuit with speeds reaching in excess of 130 miles per hour before the Durant Police Department terminated the pursuit. Later the same night the defendant led an Oklahoma Highway Patrol trooper on another high-speed chase beginning near Roff, Oklahoma, and ending near Ada. During the second pursuit, the defendant discarded a package later confirmed to contain methamphetamine. The car driven by the defendant, which had been stolen from the Dallas area, contained a large quantity of U.S. currency.
United States Attorney Brian J. Kuester said, “We are all aware of the danger and tragedy methamphetamine has inflicted upon communities throughout the United States. The drug brings horrific consequences to users, their families, and society. The drug itself is not the sole source of the danger related to methamphetamine. Drug dealers will go to great lengths to protect their product, profit, and freedom. Sometimes that involves violence and death, or, as in this case, putting untold numbers of people at risk avoiding apprehension.”
The Honorable Ronald A. White, U.S. District Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, presided over the hearing. Assistant United States Attorney Rob Wallace represented the United States at the sentencing hearing.Three Individuals Indicted in June 2020 Federal Grand JuryRead the Press Release
MUSKOGEE, OKLAHOMA – The United States Attorney’s Office announced today the results of the June 2020 Federal Grand Jury.
The following named individuals have been charged with a federal crime or crimes by the return of an indictment by the Grand Jury. A grand jury Indictment does not constitute evidence of guilt. A grand jury Indictment is a method of bringing formal charges against the defendant. A defendant is presumed innocent of the charges and may not be found guilty unless evidence establishes guilt beyond a reasonable doubt. United States Sentencing Guidelines may be considered, upon conviction, by the sentencing court. Federal prison sentences are non-parolable.
DONALD RAY LOGSDON, JR., age 39, of McAlester, Oklahoma
Felon In Possession Of Firearm & Ammunition
The Indictment alleges that on or about March 5, 2020, in the Eastern District of Oklahoma, the defendant, DONALD RAY LOGSDON, JR., having previously been convicted of a crime punishable by imprisonment for a term exceeding one year, and knowing of such conviction, did knowingly possess in and affecting commerce, a firearm and ammunition which had been shipped and transported in interstate commerce, in violation of Title 18, United States Code, Sections 922(g)(1) and 924(a)(2), punishable by not more than 10 years imprisonment, a fine up to $250,000.00, or both.
The charges arose from an investigation by the Pittsburg County Sheriff’s Office and the United States Marshals Service - Violent Crimes Fugitive Taskforce.
Assistant United States Attorney Dean Burris
DERRICK LERON JORDAN, age 49, of Okmulgee, Oklahoma
Failure To Register As Sex Offender
The Indictment alleges that from on or about December 14, 2018, until on or about March 24, 2020, in the Eastern District of Oklahoma, and elsewhere, the defendant, DERRICK LERON JORDAN, an individual required to register as a sex offender under the Sex Offender Registration and Notification Act, after having received a felony conviction from the State of Oklahoma on or about April 22, 1999, for Rape First Degree and Oral Sodomy, traveled in interstate commerce and knowingly failed to register and update his registration as required by the Sex Offender Registration and Notification Act, in violation of Title 18, United States Code, Sections 2250(a)(1), 2250(a)(2)(B) and 2250(a)(3), punishable by not more than 10 years imprisonment, a fine up to $250,000.00, or both.
The charges arose from an investigation by the Okmulgee Police Department and the United States Marshals Service.
Assistant United States Attorney Nalani Ching
KENNETH ROY NESTER, age 26, of Okmulgee, Oklahoma
Possession With Intent To Distribute Methamphetamine
Possession Of Firearm In Furtherance Of Drug Trafficking Crime
Felon In Possession Of Firearm And Ammunition (2 counts)The Indictment alleges that on or about December 30, 2019, in the Eastern District of Oklahoma, the defendant, KENNETH ROY NESTER, did knowingly and intentionally possess with intent to distribute a mixture or substance containing a detectable amount of methamphetamine, a Schedule II controlled substance, in violation of Title 21, United States Code, Sections 841(a)(1) and 841(b)(1)(C), punishable by not more than 20 years imprisonment, a fine up to $1,000,000.00, or both.
The Indictment further alleges that on or about December 30, 2019, in the Eastern District of Oklahoma, the defendant, KENNETH ROY NESTER, did knowingly possess a firearm, to wit: one Herman Weirach, Model Arminius HW 38, .38 Special caliber, revolver, serial number 402323, in furtherance of a drug trafficking crime for which he may be prosecuted in a court of the United States, that is, Possession with Intent to Distribute Methamphetamine as alleged in Count One, in violation of Title 18, United States Code, Section 924(c), punishable by not less than 5 years to run consecutive to any other term of imprisonment imposed, a fine up to $250,000.00, or both.
The Indictment further alleges that on or about December 30, 2019, in the Eastern District of Oklahoma, the defendant, KENNETH ROY NESTER, having been convicted of a crime punishable by imprisonment for a term exceeding one year, and knowing of such conviction, did knowingly possess in and affecting commerce, a firearm and ammunition which had been shipped and transported in interstate commerce, in violation of Title 18, United States Code, Sections 922(g)(1) and 924(a)(2), punishable by not more than 10 years imprisonment, a fine up to $250,000.00, or both.
The Indictment further alleges that on or about January 22, 2020, in the Eastern District of Oklahoma, the defendant, KENNETH ROY NESTER, having been convicted of a crime punishable by imprisonment for a term exceeding one year, and knowing of said conviction, did knowingly possess in and affecting commerce, a firearm and ammunition which had been shipped and transported in interstate commerce, in violation of Title 18, United States Code, Sections 922(g)(1) and 924(a)(2), punishable by not more than 10 years imprisonment, a fine up to $250,000.00, or both.
The charges arose from an investigation by the Okmulgee Police Department and the Federal Bureau of Investigation.
Special Assistant United States Attorney David Youll
Muskogee Man Pleads Guilty to Failure to Register as Sex OffenderRead the Press Release
MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that Yarnell Qudellious Payne, age 36, of Muskogee, Oklahoma entered a guilty plea to Failure To Register As Sex Offender, in violation of Title 18, United States Code, Sections 2250(a)(1), 2250(a)(2)(B) and 2250(a)(3), punishable by not more than 10 years imprisonment, a fine up to $250,000.00 or both.
The Indictment alleged that from in or about November 2018, the exact date being unknown to the Grand Jury, until on or about January 29, 2019, in the Eastern District of Oklahoma, and elsewhere, the defendant, an individual required to register as a sex offender under the Sex Offender Registration and Notification Act, after having received felony convictions from the State of Nebraska, in Lancaster County, on or about January 4, 2017, for Sexual Assault of a Child, Third Degree, traveled in interstate and foreign commerce and knowingly failed to register and update his registration as required by the Sex Offender Registration and Notification Act.
The charges arose from an investigation by the he United States Marshals Service.
The Honorable Kimberly E. West, U.S. Magistrate Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, accepted the plea and ordered the completion of a presentence investigation report.
Assistant United States Attorney Nalani Ching represented the United States at the change of plea hearing.
Lothian, Maryland Man Sentenced to 60 Months for Possession of Firearm in Furtherance of Drug Trafficking CrimeRead the Press Release
MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that Michael Wayne Jenkins, age 41, of Lothian, Maryland was sentenced to 60 months’ imprisonment, and 3 years of supervised release for Possession Of Firearm In Furtherance Of Drug Trafficking Crime, in violation of Title 18, United States Code, Section 924(c). The charges arose from an investigation by the Oklahoma Highway Patrol and the Bureau of Alcohol, Tobacco, Firearms and Explosives. The Indictment alleged that on or about June 1, 2019, in the Eastern District of Oklahoma, the defendant knowingly possessed a firearm in furtherance of a drug trafficking crime.
United States Attorney Brian J. Kuester said, “Drug trafficking and violence go hand-in-hand. By working together to investigate and enforce federal gun and drug laws, federal, state, local, and tribal law enforcement agencies make our communities safer. That is a worthwhile partnership and a priority of the Department of Justice.”
“Mr. Jenkins carried a loaded firearm while transporting illegal drugs from Texas to Maryland,” stated ATF Special Agent in Charge Jeffrey C. Boshek II. “Thanks to the Oklahoma Highway Patrol’s commitment to safety, situational awareness and strong partnerships, he will travel our nation’s interstates on a Bureau of Prisons bus for the next five years.”
The Honorable Ronald A. White, U.S. District Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, presided over the hearing. Assistant United States Attorney Dean Burris represented the United States at the sentencing hearing.Tahlequah Man Pleads Guilty to ArsonRead the Press Release
MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that John Cole Haeberle, age 23, of Tahlequah, Oklahoma entered a guilty plea to Arson, in violation of Title 18, United States Code, Section 844(i), punishable by not less than 5 years to not more than 20 years imprisonment, a fine up to $250,000.00 or both.
The Indictment alleged that from on or about February 24, 2020, in the Eastern District of Oklahoma, the defendant, maliciously damaged and destroyed, and attempted to damage and destroy, by means of fire and explosive materials, a building which was used in any activity affecting interstate commerce, to-wit: the Garden Walk Apartments located at 18106 W. 794 Road, APT 40B, Tahlequah, Oklahoma.
The charges arose from an investigation by the Cherokee County Sheriff’s Office and the Bureau of Alcohol, Tobacco, Firearms and Explosives.
The Honorable Steven P. Shreder, U.S. Magistrate Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, accepted the plea and ordered the completion of a presentence investigation report.
Assistant United States Attorney Sarah McAmis represented the United States at the change of plea hearing.
Department of Justice Awards Nearly $400 Million for Law Enforcement Hiring to Advance Community PolicingRead the Press Release
WASHINGTON – The Department of Justice today announced nearly $400 million in grant funding through the Department’s Office of Community Oriented Policing Services (COPS Office) COPS Hiring Program (CHP). The Attorney General announced funding awards to 596 law enforcement agencies across the nation, which allows those agencies to hire 2,732 additional full-time law enforcement professionals. The awards announced today are inclusive of the $51 million announced in May as part of Operation Relentless Pursuit.
“The Department of Justice is committed to providing the police chiefs and sheriffs of our great nation with needed resources, tools, and support. The funding announced today will bolster their ranks and contribute to expanding community policing efforts nationwide,” said Attorney General William P. Barr. “A law enforcement agency’s most valuable assets are the men and women who put their lives on the line every day in the name of protecting and serving their communities.”
The COPS Hiring Program is a competitive award program intended to reduce crime and advance public safety through community policing by providing direct funding for the hiring of career law enforcement officers. In addition to providing financial support for hiring, CHP provides funding to state, local, and tribal law enforcement to enhance local community policing strategies and tactics. In a changing economic climate, CHP funding helps law enforcement agencies maintain sufficient sworn personnel levels to promote safe communities. Funding through this program had been on hold since the spring of 2018 due to a nationwide injunction that was lifted earlier this year.
CHP applicants were required to identify a specific crime and disorder problem focus area and explain how the funding will be used to implement community policing approaches to that problem focus area. 43 percent of the awards announced today will focus on violent crime, while the remainder of the awards will focus on a variety of issues including school-based policing to fund school resource officer positions, building trust and respect, and opioid education, prevention, and intervention. The COPS Office received nearly 1,100 applications requesting more than 4,000 law enforcement positions.
The complete list of awards can be found here. To learn more about CHP, please visit https://cops.usdoj.gov/chp. For additional information about the COPS Office, please visit https://cops.usdoj.gov.
The year 2020 marks the 150th anniversary of the Department of Justice. Learn more about the history of our agency at www.Justice.gov/Celebrating150Years.
San Diego, California Woman Sentenced to 7 Months for Possession of Counterfeit ObligationRead the Press Release
MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that Marilyn Murillo, age 24, of San Diego, California was sentenced to 7 months’ imprisonment, and 2 years of supervised release for Possession Of Counterfeit Obligation Of The United States, in violation of Title 18, United States Code, Section 474(a). The charges arose from an investigation by the United States Secret Service and the Oklahoma Highway Patrol.
The Information alleged that on April 19, 2019, in the Eastern District of Oklahoma, the Defendant knowingly had in her possession and custody, with intent to sell or otherwise use, approximately seventeen falsely made and counterfeited one-hundred-dollar Federal Reserve Notes, Series 2009, Serial No. JK74046183A, made after the similitude of obligations issued under the authority of the United States.
United States Brian J. Kuester said, “The Oklahoma Highway Patrol and the United States Secret Service prevented thousands in counterfeit currency from entering the stream of commerce. The defendant was brought to justice and countless would-be victims were protected from loss that could have resulted if the counterfeit had not been intercepted.”
The Honorable Ronald A. White, U.S. District Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, presided over the hearing. Assistant United States Attorney Rob Wallace represented the United States at the sentencing hearing.
Alien Sentenced for Illegally Returning to United StatesRead the Press Release
MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that Nicolas Mojica-Flores, age 44, of Broken Arrow, Oklahoma was sentenced to time served and waived his right to contest his removal from the United States for Reentry Of Removed Alien, in violation of Title 8, United States Code, Section 1326(a). The charges arose from an investigation by the Department of Homeland Security – Homeland Security Investigations.
The Information alleged that on or about November 26, 2019, in the Eastern District of Oklahoma, the defendant, an alien, was in the United States after having been removed on or about November 13, 1998, at or near Laredo, Texas. He re-entered not having obtained the express consent of the Secretary of Homeland Security to reapply for admission to the United States.
The Honorable Ronald A. White, U.S. District Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, presided over the hearing. Assistant United States Attorney Rob Wallace represented the United States at the sentencing hearing.
Okmulgee Man Pleads Guilty to Methamphetamine DistributionRead the Press Release
MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that Kendall Brent Smith, age 50, of Okmulgee, Oklahoma entered a guilty plea to Possession With Intent To Distribute Methamphetamine, in violation of Title 21, United States Code, Sections 841(a)(1) and 841(b)(1)(A) and Title 18, United States Code, Section 2; punishable by not less 10 years and not more than life imprisonment, a fine up to $10,000,000.00 fine or both.
On or about July 22, 2019, within the Eastern District of Oklahoma, the defendant did knowingly and intentionally possess with intent to distribute 500 grams or more of a mixture or substance containing a detectable amount of methamphetamine, a Schedule II controlled substance.
The charges arose from a joint investigation led by the Drug Enforcement Administration, along with the Federal Bureau of Investigation, the Internal Revenue Service, the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Oklahoma Bureau of Narcotics and Dangerous Drugs, the Oklahoma Department of Corrections, the Oklahoma Highway Patrol, the Muskogee County Sheriff’s Office, the Muskogee Police Department, and the Tulsa County Sheriff’s Office. Additionally, many prominent agencies which are members of the DEA High Intensity Drug Trafficking Area Task Force (“HIDTA”), contributed to this investigation, including: the Tulsa Police Department, the Broken Arrow Police Department, the Chickasaw Nation Lighthorse Police Department, the Miami Police Department, the Moore Police Department, the El Reno Police Department, the Yukon Police Department, the Duncan Police Department, the Norman Police Department, the Choctaw Police Department, the Edmond Police Department, the Oklahoma County Sheriff’s Office, the Canadian County Sheriff’s Office, the Rogers County District Attorney’s Office, and the Oklahoma County District Attorney’s Office. The investigation was coordinated by the Organized Crime Drug Enforcement Task Force (“OCDETF”) of the Eastern District of Oklahoma. OCDETF is an initiative led and coordinated by the Office of the United States Attorney.
The Honorable Steven P. Shreder, U.S. Magistrate Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, accepted the plea and ordered the completion of a presentence investigation report.
Assistant United States Attorney Ryan Conway represented the United States at the plea hearing.
Court Orders Oklahoma Company to Stop Selling Colloidal Silver as Treatment for COVID-19Read the Press Release
MUSKOGEE, OKLAHOMA – A federal court in Muskogee, Oklahoma, has entered a temporary restraining order halting the sale of an unapproved colloidal silver product to treat COVID-19.
The U.S. District Court for the Eastern District of Oklahoma entered the temporary restraining order on May 14, 2020 in response to a civil complaint and accompanying court papers filed by the Department of Justice. In its complaint, the department alleges that Xephyr LLC, doing business as N-Ergetics, and its owners Brad Brand, Derill J. Fussell, and Linda Fussell, sell and distribute a colloidal silver product claiming that it will cure, mitigate, or treat coronavirus and its resulting disease, COVID-19, as well as other diseases including pneumonia, AIDS, and cancer. Colloidal silver is a suspension of silver particles in a liquid, and it is not generally recognized as safe and effective by qualified experts for any of the uses for which defendants promote it.
“The Department of Justice takes swift action to protect consumers from unsafe products that are unlawfully sold as COVID-19 treatments,” said Assistant Attorney General Jody Hunt of the Department of Justice’s Civil Division. “We will continue to work closely with the Food and Drug Administration to prevent harm to consumers from unlawful products during this pandemic.”
“The facts leading to this civil action underscore the importance of exercising extreme caution when dealing with people making claims to have a cure-all,” said U.S. Attorney Brian J. Kuester for the Eastern District of Oklahoma. “National disasters bring out the best of many Americans. Unfortunately there are those who seek to take advantage of the fear and anxiety caused by widespread disasters, such as the Coronavirus, that may cause people to be more vulnerable to fraudulent claims.”
The department’s complaint alleges that defendants are introducing unapproved new drugs into interstate commerce and that their disease-related treatment claims are unsupported by any well-controlled clinical studies or other credible scientific substantiation. Additionally, the complaint asserts that, because defendants’ products do not have adequate directions for lay users, the products are misbranded.
On March 6, 2020, FDA, jointly with the Federal Trade Commission, issued a Warning Letter to defendants notifying them that they are violating federal law (including the Federal Food, Drug, and Cosmetic Act) by, among other things, distributing unapproved new drugs and misbranded drugs in interstate commerce. After receipt of this warning, the complaint alleges, the defendants attempted to cloak their claims to prevent liability, while continuing to make the same substantive claims and to sell colloidal silver as a cure, mitigation, or treatment for coronavirus and COVID-19.
“Xephyr’s claims that their unapproved colloidal silver products can cure, mitigate, prevent, or treat COVID-19, or other diseases like cholera, diabetes, cancer, and AIDS, will not be tolerated. Americans expect and deserve medical treatments that have been scientifically proven to be safe and effective, especially during this ongoing pandemic,” said Stacy Amin, FDA Chief Counsel. “The FDA will continue our efforts to make sure that this and other like-minded sellers comply with the law.”
The enforcement action is being prosecuted by Trial Attorneys Rachel E. Baron and Adam E. Lyons of the Department of Justice, Civil Division’s Consumer Protection Branch, and Assistant U.S. Attorney Michael O’Malley of the U.S. Attorney’s Office for the Eastern District of Oklahoma, with assistance from Associate Chief Counsel for Enforcement Jaclyn Martínez Resly of the FDA, Office of the General Counsel, Department of Health and Human Services.
The claims made in the complaint are allegations that, if the case were to proceed to trial, the government must prove to receive a permanent injunction against the defendants.
In response to the department’s filing, defendants immediately took down their sales site. In addition, they have posted a message offering refunds to their customers: “Due to the FDA and the DOJ’s requests, this site has been removed. Anyone who has ordered in the last 90 days, and would like a refund, please email...” The department will continue to seek complete relief against defendants.
Additional information about the Consumer Protection Branch and its enforcement efforts may be found at www.justice.gov/civil/consumer-protection-branch. For more information about the U.S. Attorney’s Office for the Eastern District of Oklahoma, visit its website at www.justice.gov/usao-edok. For information about the Department of Justice’s efforts to stop illegal COVID-19-related activity, visit www.justice.gov/coronavirus. For the most up-to-date information on COVID-19, consumers may visit the Centers for Disease Control and Prevention (CDC) and World Health Organization (WHO) websites.
The public is urged to report suspected fraud schemes related to COVID-19 (the Coronavirus) to the National Center for Disaster Fraud (NCDF) hotline by phone at (1-866-720-5721) or via an online reporting form available at www.justice.gov/disaster-fraud/webform/ncdf-disaster-complaint-form.
Talihina Man Sentenced to 168 Months for Methamphetamine DistributionRead the Press Release
MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that Bobby Garman, age 38, of Talihina, Oklahoma was sentenced to 168 months’ imprisonment, and 5 years of supervised release for Distribution Of Methamphetamine and Possession With Intent to Distribute Methamphetamine, in violation of Title 21, United States Code, Sections 841(a)(1), 841(b)(1)(C), and 841(b)(1)(A). The charges arose from an investigation led by the Oklahoma Bureau of Narcotics and Dangerous Drugs (“OBN”) and the District 16 District Attorney Drug Task Force, with the assistance of the Oklahoma Highway Patrol.
The Indictment alleged the defendant knowingly and intentionally distributed methamphetamine and possessed with intent to distribute 500 grams or more of a mixture or substance containing a detectable amount of methamphetamine, a Schedule II controlled substance, on various dates between February and August 2019. These crimes occurred in LeFlore and Latimer counties, in the Eastern District of Oklahoma.
United States Attorney Brian J. Kuester said, “Methamphetamine has wreaked havoc on virtually every community in the country. It kills hundreds of Oklahomans a year. Identifying, investigating, and prosecuting drug dealers is vital to combatting drug trafficking organizations. OBN endeavors to do just that, as this investigation demonstrated. Its partnerships with local, state, tribal, and federal agencies helps to create the multi-jurisdictional team that was so effective in this and many other investigations.”
“These cooperative efforts with our local, state and federal partners are making a significant impact toward reducing the flow of drugs that are devastating lives in rural Oklahoma. This particular defendant would traffic as much as six to ten pounds of meth into Talihina on a routine basis. When you target, remove and prosecute these high-value distributors, you can absolutely cripple the local drug supply,” said OBN Director Donnie Anderson.
The Honorable Ronald A. White, U.S. District Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, presided over the hearing. Assistant United States Attorney Ryan Conway represented the United States.
Court Orders Oklahoma Company to Stop Selling Colloidal Silver as Treatment for COVID-19Read the Press Release
A federal court in Muskogee, Oklahoma, entered a temporary restraining order halting the sale of an unapproved colloidal silver product to treat COVID-19, the Department of Justice announced today.
The U.S. District Court for the Eastern District of Oklahoma entered the temporary restraining order in response to a civil complaint and accompanying court papers filed by the Department of Justice. In its complaint, the department alleges that Xephyr LLC, doing business as N-Ergetics, and its owners Brad Brand, Derill J. Fussell, and Linda Fussell, sell and distribute a colloidal silver product claiming that it will cure, mitigate, or treat coronavirus and its resulting disease, COVID-19, as well as other diseases including pneumonia, AIDS, and cancer. Colloidal silver is a suspension of silver particles in a liquid, and it is not generally recognized as safe and effective by qualified experts for any of the uses for which defendants promote it.
“The Department of Justice takes swift action to protect consumers from unsafe products that are unlawfully sold as COVID-19 treatments,” said Assistant Attorney General Jody Hunt of the Department of Justice’s Civil Division. “We will continue to work closely with the Food and Drug Administration to prevent harm to consumers from unlawful products during this pandemic.”
“The facts leading to this civil action underscore the importance of exercising extreme caution when dealing with people making claims to have a cure-all,” said U.S. Attorney Brian J. Kuester for the Eastern District of Oklahoma. “National disasters bring out the best of many Americans. Unfortunately there are those who seek to take advantage of the fear and anxiety caused by widespread disasters, such as the Coronavirus, that may cause people to be more vulnerable to fraudulent claims.”
The department’s complaint alleges that defendants are introducing unapproved new drugs into interstate commerce and that their disease-related treatment claims are unsupported by any well-controlled clinical studies or other credible scientific substantiation. Additionally, the complaint asserts that, because defendants’ products do not have adequate directions for lay users, the products are misbranded.
On March 6, 2020, FDA, jointly with the Federal Trade Commission, issued a Warning Letter to defendants notifying them that they are violating federal law (including the Federal Food, Drug, and Cosmetic Act) by, among other things, distributing unapproved new drugs and misbranded drugs in interstate commerce. After receipt of this warning, the complaint alleges, the defendants attempted to cloak their claims to prevent liability, while continuing to make the same substantive claims and to sell colloidal silver as a cure, mitigation, or treatment for coronavirus and COVID-19.
“Xephyr’s claims that their unapproved colloidal silver products can cure, mitigate, prevent, or treat COVID-19, or other diseases like cholera, diabetes, cancer, and AIDS, will not be tolerated. Americans expect and deserve medical treatments that have been scientifically proven to be safe and effective, especially during this ongoing pandemic,” said Stacy Amin, FDA Chief Counsel. “The FDA will continue our efforts to make sure that this and other like-minded sellers comply with the law.”
This enforcement action is being prosecuted by Trial Attorneys Rachel E. Baron and Adam E. Lyons of the Department of Justice, Civil Division’s Consumer Protection Branch, and Assistant U.S. Attorney Michael O’Malley of the U.S. Attorney’s Office for the Eastern District of Oklahoma, with assistance from Associate Chief Counsel for Enforcement Jaclyn Martínez Resly of the FDA, Office of the General Counsel, Department of Health and Human Services.
The claims made in the complaint are allegations that, if the case were to proceed to trial, the government must prove to receive a permanent injunction against the defendants.
In response to the department’s filing, defendants immediately took down their sales site. In addition, they have posted a message offering refunds to their customers: “Due to the FDA and the DOJ’s requests, this site has been removed. Anyone who has ordered in the last 90 days, and would like a refund, please email...” The department will continue to seek complete relief against defendants.
Additional information about the Consumer Protection Branch and its enforcement efforts may be found at www.justice.gov/civil/consumer-protection-branch. For more information about the U.S. Attorney’s Office for the Eastern District of Oklahoma, visit its website at www.justice.gov/usao-edok. For information about the Department of Justice’s efforts to stop illegal COVID-19-related activity, visit www.justice.gov/coronavirus. For the most up-to-date information on COVID-19, consumers may visit the Centers for Disease Control and Prevention (CDC) and WHO websites.
The public is urged to report suspected fraud schemes related to COVID-19 (the Coronavirus) to the National Center for Disaster Fraud (NCDF) hotline by phone at (1-866-720-5721) or via an online reporting form available at www.justice.gov/disaster-fraud/webform/ncdf-disaster-complaint-form.
Henryetta Man Sentenced to 46 Months for Possession of Firearm, AmmunitionRead the Press Release
MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that Edward Douglas Jacome, age 31, of Henryetta, Oklahoma was sentenced to 46 months’ imprisonment, and 3 years of supervised release for Felon In Possession Of Firearm And Ammunition, in violation of Title 18, United States Code, Sections 922(g)(1) and 924(a)(2). The charges arose from an investigation by the Okmulgee County Sheriff’s Office and the Bureau of Alcohol, Tobacco, Firearms and Explosives as part of the Project Safe Neighborhoods (“PSN”) effort in the Eastern District of Oklahoma to reduce violent crime. PSN is an initiative led and coordinated by the United States Attorney’s Office.
The Indictment alleged that on December 2, 2019, in the Eastern District of Oklahoma, the defendant, who had been convicted of a crime punishable by imprisonment for a term exceeding one year, and knowing of said conviction, knowingly possessed a firearm and ammunition which had been shipped and transported in interstate commerce.
United States Attorney Brian J. Kuester said, “This investigation, prosecution, and sentence is a result of working relationships between federal, state, and local agencies. These relationships are enhanced as a result of a Project Safe Neighborhood grant awarded by the Department of Justice to Oklahoma’s District Attorney District 25. The grant funds a District 25 Assistant District Attorney to concurrently serve as a Special Assistant United States Attorney. The collaboration between our offices compliments the well-established partnerships between federal and local law enforcement agencies like this combined effort by the ATF and the Okmulgee County Sheriff’s Office.”
“I echo the statement of United States Attorney Kuester,” stated ATF Special Agent in Charge Jeffrey C. Boshek II. “The Project Safe Neighborhoods initiative enhances agency partnerships. Options in pursuing legal action with the most appropriate sanctions, like the federal prosecution of Mr. Jacome, has a direct impact on community safety.”
The Honorable Ronald A. White, U.S. District Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, presided over the hearing. Assistant United States Attorney Clay Compton represented the United States at the sentencing hearing.