Eastern District of Oklahoma

MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that Michael Aaron Campbell, age 21, of Muldrow, Oklahoma pled guilty to two counts of Enticement Of A Minor Using A Facility Of Interstate Commerce, in violation of Title 18, United States Code, Section 2422(b), punishable by not less than 10 years imprisonment, up to a $250,000.00 fine, or both, for each count. 

The Indictment alleges that from on or about June 6, 2017, until on or about July 26, 2017, in the Eastern District of Oklahoma, and elsewhere, the defendant, 21 years old, did use and attempt to use a facility and means of interstate commerce, the Internet, to knowingly persuade, induce, and entice an individual, Child #1, whom he believed to be under 16 years of age, to engage in sexual activity for which a person can be criminally charged under Oklahoma State law, to wit: Rape, Second Degree, Title 21, Oklahoma Statute, Sections 1111 and 1114(B), and Lewd or Indecent Proposals or Acts with a Child under 16, Title 21, Oklahoma Statute, Section 1123. 

The Indictment further alleges that from in or about June 2017, the exact date being unknown to the Grand Jury, until on or about July 26, 2017, in the Eastern District of Oklahoma, and elsewhere, the defendant, did use and attempt to use, a facility and means of interstate commerce, by means of cellular communication, to knowingly persuade, induce, and entice an individual, Child #2, whom he believed to be under 14 years of age, to engage in sexual activity for which a person can be criminally charged under Oklahoma State law, to wit: Rape, First Degree, Title 21 Oklahoma Statute, Sections 1111, and 1114(A)(1), Rape by Instrumentation, First Degree, Title 21, Oklahoma Statute Sections 1111.1(A) and 1114(A)(1), and Lewd or Indecent Proposals or Acts with a Child under 16, Title 21, Oklahoma Statute, Section 1123. 

The charges arose from an investigation by the Muldrow Police Department and the Department of Homeland Security (HSI). 

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 John David Luton represented the United States.

MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that Dustin Floyd Johnson, age 33, of Vian, Oklahoma, pled guilty to one count of Felon In Possession Of Firearm & Ammunition, in violation of Title 18, United States Code, Sections 922(g)(1) and 924(a)(2), punishable by not more than 10 years imprisonment, up to a $250,000.00 fine, or both for each count.

The Indictment alleged that on or about April 19, 2017 Johnson, having been convicted of a crime punishable by imprisonment for a term exceeding one year, did knowingly possess a firearm and ammunition which had been shipped and transported in interstate commerce. The charges arose from an investigation by the Sequoyah County Sheriff’s Office and the Bureau of Alcohol, Tobacco, Firearms, and Explosives.

United States Attorney Brian J. Kuester said, “The investigation that lead to Mr. Johnson’s indictment is a result of the cooperation between the Sequoyah County Sheriff’s Office and the ATF in their ongoing efforts to protect our communities from violent offenders.”

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.

MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that Joe David White, age 57, of Poteau, Oklahoma, and Laci Marie Fox, age, 27, of Poteau, Oklahoma, were indicted for Drug Conspiracy, in violation of Title 21, United States Code, Sections 846, 841(a)(1) and 841(b)(1)(B), punishable by not less than 5 nor more than 40 years imprisonment, a fine up to $5,000,000.00 or both; and for Distribution Of Methamphetamine (White 4 Counts) (Fox 3 Counts), in violation of Title 21, United States Code, Sections 841(a)(1) and 841(b)(1)(C) and Title 18, United States Code, Section 2, punishable by not more than 20 years imprisonment, fine up to $1,000,000 or both. 

The Indictment alleged that beginning on or about a date uncertain in 2015 and continuing until on or about January 9, 2017, within the Eastern District of Oklahoma and elsewhere, the defendants, Joe David White and Laci Marie Fox a/k/a Laci Marie Noah, did knowingly and intentionally combine, conspire, confederate and agree together, and with others known and unknown to the Grand Jury, to commit offenses against the United States in violation of Title 21, United States Code, Section 841, as follows: possession with intent to distribute and distribution of 50 grams or more of a mixture or substance containing a detectable amount of methamphetamine, a Schedule II controlled substance. 

The Indictment further alleges on various dates from on or about August 29, 2016, and continuing until on or about January 9, 2017, within the Eastern District of Oklahoma, the defendants, Joe David White and Laci Marie Fox, a/k/a Laci Marie Noah, did knowingly and intentionally distribute a mixture or substance containing a detectable amount of methamphetamine, a Schedule II controlled substance. 

The charges arose from an investigation by the Poteau Police Department, the District 16 Narcotics Task Force, and the Oklahoma Bureau of Narcotics. 

John Scully, Director of the Oklahoma Bureau of Narcotics said in a prepared statement, “The Oklahoma Bureau of Narcotics is a proud partner in this multi-agency investigation to dismantle a major meth distribution operation in eastern Oklahoma.  For more than two decades, meth has carved a path of destruction through families and communities across our state.  We will continue to work side-by-side with our federal, state and local law enforcement agencies to aggressively target and remove drug networks, regardless of their status in the community, that threaten Oklahoman’s safety and security.”

Joe David White is currently in the custody of the United States Marshals Service for the Eastern District of California. White will be arraigned today, before a U.S. Magistrate Judge in the United States District Court for the Eastern District of California. 
 
The Honorable Kimberly E. West, U.S. Magistrate Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, will preside over the arraignment of Laci Marie Fox on January 22, 2018.

Indictments are only accusations and are not evidence of guilt.  Each defendant is entitled to a fair trial, during which it will be the government’s burden to prove guilt beyond a reasonable doubt.

Assistant United States Attorney Christopher Wilson represents the United States.

MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that James Paul Brown, age 47, of Stilwell, Oklahoma pled guilty to Possession With Intent To Distribute Methamphetamine, in violation of Title 21, United States Code, Sections 841(a)(1), punishable by not less than 5 or more than 40 years imprisonment, up to a $5,000,000.00 fine, or both; and to Felon In Possession Of Firearm, in violation of Title 18, United States Code, Sections 922(g)(1), 924(a)(2), and 924(e)(1), punishable by not less than 15 years imprisonment, up to a $250,000.00 fine, or both.

The Indictment alleged that on or about May 18, 2017, within 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 May 18, 2017, within the Eastern District of Oklahoma, the defendant, having been convicted of a crime punishable by imprisonment for a term exceeding one year, did knowingly possess in and affecting commerce, a firearm, to wit: a FMK Firearms, Model 9C1G2, 9x19 caliber pistol, serial number BP3233, and a Yugoslavia, Model 59/66, 7.62x39 caliber rifle, serial number M-477781, which had been shipped and transported in interstate commerce.

The charges arose from an investigation by the District 27 Drug Task Force.

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 Timothy Hammer represented the United States.

MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that Nicole Marie Harring, age 42, of Mead, Oklahoma, pled guilty to Count One, Conspiracy, in violation of Title 18, United States Code, Section 371, punishable by not less than 5 years imprisonment, and up to a $250,000.00 fine or both, and to Count Nineteen, Aggravated Identity Theft, in violation of Title 18 U.S.C. § 1028A(c)(2), punishable by 2 years imprisonment. A copy of the full indictment can be found online at /media/929731/dl?inline.  
                
The Indictment alleges that from on or about November 28, 2016, to on or about June 9, 2017, in the Eastern District of Oklahoma and elsewhere, that the defendant, conspired: to knowingly and willfully, with intent to deceive, make, utter and possess counterfeit securities consisting of checks purporting to be drawn on banks which operate in or the activities of which affect interstate commerce, in violation of 18 U.S.C. ' 513(a); to obtain money and property by means of materially false pretenses, representations and promises, in violation of 18 U.S.C. § 1343; and to knowingly possess without lawful authority a means of identification of another person, to-wit: D.M., with the intent to commit, aid or abet in the commission of unlawful activity, in violation of 18 U.S.C. ' 1028(a)(7).

The charges arose from an investigation by the Durant Police Department, the District 19 District Attorney’s Office, the Chickasaw Nation Tribal Police, the Choctaw Nation Tribal Police, the Bureau of Indian Affairs, and the United States Secret Service. Assistant United States Attorney Melody Nelson will be prosecuting the case on behalf of the United States.

United States Attorney Brian J. Kuester said, “This investigation is the result of dedicated law enforcement professionals from local, state, tribal and federal jurisdictions working together to serve and protect our communities. This team effort by many different agencies is a wonderful example of the effectiveness of multi-jurisdictional efforts to investigate criminal activity.”

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.

MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that Blake Alan Miller, age 34, of Muskogee, Oklahoma, was sentenced to 180 months imprisonment and 5 years 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)(B).

The Indictment, which arose from an investigation by the Muskogee Police Department, the United States Marshals Service, and the Bureau of Alcohol, Tobacco, Firearms and Explosives, alleged that on or about March 7, 2017, within the Eastern District of Oklahoma, Miller knowingly and intentionally possessed, with intent to distribute, in excess of 50 grams of a mixture or substance containing a detectable amount of methamphetamine, a Schedule II controlled substance.

United States Attorney Brian J. Kuester said, “Dangerous drugs, including methamphetamine, are ruining lives, destroying families, and crippling communities. Drug dealers profit while the rest of society suffers as a result of their poison pedaling businesses. This multi-agency investigation prevented hundreds of dosage units from entering our community and untold hundreds or thousands more because of the disruption of Miller’s operation. I commend the law enforcement professionals that participated in the investigation.”

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. The defendant will remain in custody pending transportation to the designated federal facility at which the non-paroleable sentence will be served.

MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that Kelly Ray Potter Jr., age 41, of McAlester, Oklahoma pled guilty to Possessing Contraband In Prison, in violation of Title 18, United States Code, Sections 1791(a)(2), 1791(b)(3) and 1791(d)(1)(B), punishable by not more than 5 years imprisonment, up to a $250,000.00 fine, or both.

The Indictment alleged that on or about October 24, 2017, in the Eastern District of Oklahoma, the Defendant, Kelly Ray Potter Jr., an inmate of a prison, did knowingly possess a prohibited object, to-wit: a knife-like object approximately ten (10) inches in length made from plexiglass material wrapped with a blue cloth as a handle, designed and intended to be used as a weapon.

The charge arose from an investigation by the U.S. 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 Timothy Hammer represented the United States.

MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that Robert Monroe Wilson III, age 48, of Baxter Springs, Kansas, was sentenced to 9 months imprisonment and 3 years supervised release for Destruction Of Government Property, in violation of Title 18, United States Code, Sections 1363 and 7(3). The Indictment alleged that on or about July 22, 2017, Wilson willfully and maliciously destroyed and injured the gate and fence at the United States District Courthouse for the Eastern District of Oklahoma.

The charge arose from an investigation by the Muskogee Police Department and the Federal Bureau of Investigation. The United States was represented by Assistant United States Attorney Kristin Harrington, and the Honorable Ronald A. White, U.S. District Judge presided over the hearing. 

United States Attorney Brian J. Kuester said, “It is part of this agency’s responsibility to prosecute those that intentionally damage or destroy property of the United States Government. It is my hope that the prosecution of this case will deter Mr. Wilson and others from future criminal conduct of this nature.”

MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that Nicole Marie Harring, age 42, of Mead, Oklahoma; Ksenia Ura Gubareva, age 38, of McLoud, Oklahoma; Nathan Paul Parker, age 38, of Durant, Oklahoma; Alvin Arley Potts II, age 38, of Durant, Oklahoma; Bobby Joecephus Medina, age 38, of Durant, Oklahoma; and Damon Lee Damron, age 29, of Durant, Oklahoma, were each indicted for Conspiracy, in violation of Title 18, United States Code, Section 371, punishable by not less than 5 years imprisonment, and up to a $250,000.00 fine or both, and numerous other violations of federal law. A copy of the full indictment can be found online at /media/929731/dl?inline.

The Indictment alleges that from on or about November 28, 2016, to on or about June 9, 2017, in the Eastern District of Oklahoma and elsewhere, Harring, Gubareva, Parker, Potts, Medina, and Damron,  conspired: to knowingly and willfully, with intent to deceive, make, utter and possess counterfeit securities consisting of checks purporting to be drawn on banks which operate in or the activities of which affect interstate commerce, in violation of 18 U.S.C. ' 513(a); to obtain money and property by means of materially false pretenses, representations and promises, in violation of 18 U.S.C. § 1343; and to knowingly possess without lawful authority a means of identification of another person, to-wit: D.M., with the intent to commit, aid or abet in the commission of unlawful activity, in violation of 18 U.S.C. ' 1028(a)(7).

The charges arose from an investigation by the Durant Police Department, the District 19 District Attorney’s Office, the Chickasaw Nation Tribal Police, the Bureau of Indian Affairs, and the United States Secret Service. Assistant United States Attorney Melody Nelson will be prosecuting the case on behalf of the United States.

United States Attorney Brian J. Kuester said, “This investigation is the result of dedicated law enforcement professionals from local, state, tribal and federal jurisdictions working together to serve and protect our communities. This team effort by many different agencies is a wonderful example of the effectiveness of multi-jurisdictional efforts to investigate criminal activity.” Kuester added, “Indictments are only accusations and are not evidence of guilt.  Each defendant is entitled to a fair trial, during which it will be the government’s burden to prove guilt beyond a reasonable doubt.”

MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that Billy Hershell Smith II, age 48, of Tahlequah, Oklahoma, was sentenced to 293 months imprisonment, and 10 years of supervised release for Sexual Exploitation Of Children, in violation of Title 18, United States Code, Section 2251(a); and for Possession Of Certain Material Involving The Sexual Exploitation Of Minors, in violation of Title 18, United States Code, Sections 2252(a)(4)(B) and 2252(b)(2).

The Indictment alleged that, from between a date uncertain in 2014 to on or about August 15, 2016, in the Eastern District of Oklahoma and elsewhere, the defendant, Billy Hershell Smith II, employed, used, persuaded, induced, enticed, and coerced V.C., a person under the age of eighteen years, to engage in sexually explicit conduct, as that term is defined in Title 18, United States Code, Sections 2256(2)(A)-(B), for the purpose of producing any visual depiction of such conduct, and the defendant, Billy Hershell Smith II knew and had reason to know such visual depiction would be transported in interstate commerce, and any such visual depiction was produced using materials that have been mailed, shipped, and transported in interstate and foreign commerce, and any such visual depiction had actually been transported in interstate commerce.

The Indictment further alleged that from on or about July 23, 2015, to on or about August 15, 2016, in the Eastern District of Oklahoma and elsewhere, the defendant, Billy Hershell Smith II, did knowingly possess, attempt to possess and access with intent to view matters which contained visual depictions, as that term is defined in Title 18, United States Code, Section 2256(5), the production of said visual depictions involved the use of minors engaging in sexually explicit conduct, as that term is defined in Title 18, United States Code, Sections 2256(2)(A)-(B), and said visual depictions were of such sexually explicit conduct and had been transported in interstate commerce by computer.

The charges arose from an investigation by the Federal Bureau of Investigation.

United States Attorney Brian J. Kuester said, “Today’s sentencing of Billy Hershell Smith not only delivers justice for his victim, but puts an end to his opportunity to exploit children. I also hope that this nearly 25 year sentence will serve as a deterrent and a warning to those in our communities that prey upon children, that their conduct will not be tolerated. I commend the FBI Agents who investigated Smith for their professional and thorough investigation and their ongoing commitment to investigating those that produce, possess, or view child pornography. This agency is committed to prosecuting them.”

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. The defendant will remain in custody pending transportation to the designated federal facility at which the nonparoleable sentence will be served.

Assistant United States Attorney Edward Snow represented the United States.

MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that James Michael West, age 64, of Tahlequah, Oklahoma pled guilty to Concealment Of A Material Fact, in violation of Title 42, United States Code, Section 408(a)(4), punishable by not more than 5 years imprisonment, and up to a $250,000.00 fine or both.               

From on or about July 14, 2005, and continuing through December 31, 2016, in the Eastern District of Oklahoma and elsewhere, defendant James Michael West, in a matter within the jurisdiction of Social Security Administration, having knowledge of the occurrence of an event affecting the right to receive or continue to receive Social Security Disability Income payments, concealed and failed to disclose such event with the intent to fraudulently secure payment when no payment was authorized.  Specifically, defendant James Michael West intentionally concealed that James Michael West secured gainful employment in order to receive and continue to receive Disability Income payments made by the Social Security Administration to him.  By such action, defendant James Michael West took approximately $266,982.00 in Social Security Disability Income payments to which he was not entitled.

The charge arose from an investigation by the Social Security Administration’s Office of Inspector General.

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 Rob Wallace represented the United States.

MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that Tyler Wayne Jones, age 24, of Vian, Oklahoma, was sentenced to 3 years probation for Interstate Transportation Of Stolen Property, in violation of Title 18, United States Code, Sections 2314 and 2.

The Indictment alleged that on or about April 15, 2015, in the Eastern District of Oklahoma, the defendant, Tyler Wayne Jones, did unlawfully transport in interstate commerce stolen goods, wares and merchandise, that is, six (6) zero turn mowers, of the value of $5,000.00 or more, knowing the same to have been stolen.

The charge arose from an investigation by the Oklahoma State Bureau of Investigation, Sallisaw Police Department, the Sequoyah County Sheriff’s Office, the Fort Smith Police Department, the Sabastian County Sherriff’s Office, the Poteau Police Department, and the District 27 Drug Task Force.

United States Attorney Brian J. Kuester said, “This investigation and prosecution is a great example of the results that occur when citizens freely share information they believe to be suspicious and multiple law enforcement agencies from different jurisdictions work together. Officers and investigators from each jurisdiction that assisted in this case played a critical role in the thorough, professional investigation that allowed this office to prosecute Jones. I commend the officers for their work and those citizens that provided information that lead to Jones’s arrest.”

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.

MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that John Carl Berryhill, age 53, of Okmulgee, Oklahoma, was sentenced to 168 months imprisonment, and life supervised release for Possession Of Certain Material Involving The Sexual Exploitation Of Minors, in violation of Title 18, United States Code, Sections 2252(a)(4)(B) and 2252(b)(2).

The Superseding Indictment alleged that from between on or about January 8, 2014 to on or about February 2, 2017, in the Eastern District of Oklahoma, the defendant, John Carl Berryhill, did knowingly possess, attempt to possess and access with intent to view, matters which contained visual depictions, as that term is defined in Title 18, United States Code, Section 2256(5), which said visual depictions involved the use of minors engaging in sexually explicit conduct, as that term is defined in Title 18, United States Code, Sections 2256(2)(A)-(B), and said visual depictions were of such sexually explicit conduct and had been transported in interstate commerce by computer.

The charges arose from an investigation by the Federal Bureau of Investigation.

United States Attorney Brian J. Kuester said, “Berryhill’s sentence not only brings him to justice, but should serve as a warning and deterrent to others who might consider possessing child pornography. The FBI and the United States Attorney’s Office are committed to investigating and prosecuting those that exploit children, including those that possess, share, or view child pornography. I commend the FBI agents for their thorough and professional investigation, and the members of this office who worked diligently to prosecute Berryhill.”

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. The defendant will remain in custody pending transportation to the designated federal facility at which the nonparoleable sentence will be served.

Assistant United States Attorney Edward Snow represented the United States.

MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that Erin Melinda Penera, age 42, of Tulsa, Oklahoma, pled guilty to Use Of A Communication Device In Furtherance Of Drug Trafficking, in violation of Title 21, United States Code, Section 843(b), punishable by not more than 4 years imprisonment, and up to a $250,000.00 fine or both.

The Indictment alleged that within the Eastern District of Oklahoma, the Defendant, and others known and unknown to the Grand Jury, knowingly and intentionally, and unlawfully used a communication facility, that is a telephone, in committing, causing and facilitating acts constituting felonies under Title 21, United States Code, Sections 841 and 846, in that the Defendant used telephones to discuss various matters concerning conspiracy, distribution of methamphetamine and possession with intent to distribute methamphetamine, a Schedule II controlled substance.

The charge arose from an investigation by the Tulsa Police Department and the Drug Enforcement Administration.

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 Timothy Hammer represented the United States.

MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that Rodney Phillip Aird, age 50, of Seminole, Oklahoma pled guilty 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, and up to a $5,000,000.00 fine or both.               

The Indictment alleged that on or about August 13, 2017, within the Eastern District of Oklahoma, the defendant, Rodney Phillip Aird, did knowingly and intentionally possess with the intent to distribute 5 grams or more of methamphetamine (actual), a Schedule II controlled substance.

The charge arose from an investigation by the Seminole Nation Tribal Police and the Drug Enforcement Administration.

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. The defendant will remain in custody pending a sentencing hearing.

Assistant United States Attorney John David Luton represented the United States.

MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that Darrell Lee McLemore, age 55, of Porum, Oklahoma pled guilty to False Statement, in violation of Title 42, United States Code, Section 1383a(a)(2), punishable by not more than 5 years imprisonment, and up to a $250,000.00 fine or both.           

The Indictment alleged that on or about February 1, 2017, within the Eastern District of Oklahoma, the defendant, Darrell Lee Mclemore, did knowingly make or caused to be made any false statement or representation of a material fact to the Social Security Administration used to determine the right for any payment.  Specifically, Darrell Lee Mclemore participated in a redetermination conference wherein Darrell Lee Mclemore stated that Darrell Lee Mclemore had not worked since the date of Darrell Lee Mclemore’s last eligibility determination, when, in fact, Darrell Lee Mclemore knew that he had been gainfully employed during the period.

The charge arose from an investigation by the Social Security Administration’s Office of Inspector General. 

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 Rob Wallace represented the United States.

MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that Donald Jack Kilgore, age 67, of Porter, Oklahoma pled guilty to Felon In Possession Of Firearm And Ammunition, in violation of Title 18, United States Code, Sections 922(g)(1) and 924(a)(2), punishable by not more than 10 years imprisonment, and up to a $250,000.00 fine or both.               

The Indictment alleged that on or about June 6, 2017, within the Eastern District of Oklahoma, the defendant, Donald Jack Kilgore, having been convicted of a crime punishable by imprisonment for a term exceeding one year, did knowingly possess in and affecting commerce, a firearm and ammunition which had been shipped and transported in interstate commerce.

The charge arose from an investigation by the Broken Arrow Police Department, the Wagoner County Sherriff’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. The defendant will remain in custody pending a sentencing hearing.

Assistant United States Attorney John David Luton represented the United States.

MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that Joe William Cooper, age 59, of Konawa, Oklahoma pled guilty 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, and up to a $250,000.00 fine or both.               

The Indictment alleged that on or about May 29, 2017, within the Eastern District of Oklahoma, the defendant, Joe William Cooper, having been convicted of a crime punishable by imprisonment for a term exceeding one year, did knowingly possess in and affecting commerce, a firearm which had been shipped and transported in interstate commerce.

The charge arose from an investigation by the Pontotoc 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. The defendant will remain in custody pending a sentencing hearing.

Assistant United States Attorney Dean Burris represented the United States.

MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that Christopher Blake Gilbert, age 33, of Haworth, Oklahoma pled guilty to Felon In Possession Of Firearm & Ammunition, in violation of Title 18, United States Code, Sections 922(g)(1) and 924(a)(2), punishable by not more than 10 years imprisonment, and up to a $250,000.00 fine or both.               

The Indictment alleged that on or about September 7, 2017, in the Eastern District of Oklahoma, the defendant, Christopher Blake Gilbert, having been convicted of a crime punishable by imprisonment for a term exceeding one year, did knowingly possess in and affecting commerce a firearm and ammunition which have been shipped and transported in interstate commerce.

The charge arose from an investigation by the McCurtain County Sheriff’s Office, the Choctaw Police Department, 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. The defendant will remain in custody pending a sentencing hearing.

Assistant United States Attorney Kristin Harrington represented the United States.

MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that Charles Allen Bailey, age 50, of Antlers, Oklahoma pled guilty to Felon In Possession Of Firearm & Ammunition, in violation of Title 18, United States Code, Sections 922(g)(1) and 924(a)(2), punishable by not more than 10 years imprisonment, and up to a $250,000.00 fine or both.               

The Indictment alleged that on or about July 18, 2017, within the Eastern District of Oklahoma, the defendant, Charles Allen Bailey, having been convicted of a crime punishable by imprisonment for a term exceeding one year, did knowingly possess in and affecting commerce a firearm and ammunition which have been shipped and transported in interstate commerce.

The charges arose from an investigation by the Oklahoma Bureau of Narcotics 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. The defendant will remain in custody pending a sentencing hearing.

Assistant United States Attorney Kristin Harrington represented the United States.

MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that Kristi Michelle Juarez, age 32, of Sanger, Texas pled guilty to Theft By Officers Or Employees Of An Indian Gaming Establishment, in violation of Title 18, United States Code, Section 1168(b), punishable by up to 20 years imprisonment, and up to a $1,000,000.00 fine or both.               

The Indictment alleged that on January 2, 2017, in the Eastern District of Oklahoma, Kristi Michelle Juarez, defendant herein, while an employee of the Chickasaw Nation WinStar World Casino and Resort, did embezzle, abstract, purloin, willfully misapply, and take and carry away in excess of $1,000.00 of moneys belonging to the Chickasaw Nation WinStar World Casino and Resort, an Indian gaming establishment operated by the Chickasaw Nation, pursuant to an ordinance or resolution approved by the National Indian Gaming Commission.

The charge arose from an investigation by the Bureau of Indian Affairs.

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 John David Luton represented the United States.

MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that Farris Dwayne Griffin, age 42, of Stuart, Oklahoma pled guilty to Felon in Possession of Firearm and Ammunition, in violation of Title 18, United States Code, Sections 922(g)(1) and 924(a)(2), punishable by not more than 10 years imprisonment, and up to a $250,000.00 fine or both.               

The Indictment alleged that from on or about September 3, 2017 to on or about September 5, 2017, within the Eastern District of Oklahoma, the defendant, Farris Dwayne Griffin, having been convicted of a crime punishable by imprisonment for a term exceeding one year, did knowingly possess in and affecting commerce, a firearm and ammunition which had been shipped and transported in interstate commerce.

The charge arose from an investigation by the Pittsburg 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. The defendant will remain in custody pending a sentencing hearing.

Assistant United States Attorney Chris Wilson represented the United States.

MUSKOGEE, OKLAHOMA – The United States Attorney’s Office announced today the results of the December 2017 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.”

 

KELLY RAY POTTER JR., age 41, of McAlester, Oklahoma

Possessing Contraband In Prison (2 Counts)

The Indictment alleges that on or about October 24, 2017, in the Eastern District of Oklahoma, the Defendant, KELLY RAY POTTER JR., an inmate of a prison as defined in Title 18, United States Code, Section 1791(d)(4), did knowingly possess a prohibited object, to-wit: a knife-like object approximately ten (10) inches in length made from plexiglass material wrapped with a blue cloth as a handle, designed and intended to be used as a weapon, in violation of Title 18, United States Code, Sections 1791(a)(2), 1791(b)(3) and 1791(d)(1)(B), punishable by not more than 5 years imprisonment, a fine up to $250,000.00 or both.

The Indictment further alleges that on or about September 28, 2017, in the Eastern District of Oklahoma, the Defendant, KELLY RAY POTTER JR., an inmate of a prison as defined in Title 18, United States Code, Section 1791(d)(4), did knowingly possess a prohibited object, to-wit: a cellular telephone, in violation of Title 18, United States Code, Sections 1791(a)(2), 1791(b)(4) and 1791(d)(1)(F), punishable by not more than 1 year imprisonment, a fine up to $100,000.00 or both.

The charges arose from an investigation by the Muskogee County Sheriff’s Office, the Okmulgee County Sherriff’s Office, and the U.S. Marshals Service.

Assistant United States Attorney Timothy Hammer

 

MICHAEL AARON CAMPBELL, age 21, of Muldrow, Oklahoma

Enticement Of A Minor Using A Facility Of Interstate Commerce (2 Counts)

The Indictment alleges that from on or about June 6, 2017, until on or about July 26, 2017, in the Eastern District of Oklahoma, and elsewhere, the defendant, MICHAEL AARON CAMPBELL, 21 years old, did use and attempt to use, a facility and means of interstate commerce, the Internet, to knowingly persuade, induce, and entice an individual, Child #1, whom he believed to be under 16 years of age, to engage in sexual activity for which a person can be criminally charged under Oklahoma State law, to wit: Rape, Second Degree, Title 21, Oklahoma Statute, Sections 1111 and 1114(B), and Lewd or Indecent Proposals or Acts with a Child under 16, Title 21, Oklahoma Statute, Section 1123, in violation of Title 18, United States Code, Section 2422(b), punishable by not less than 10 years imprisonment, a fine up to $250,000.00 or both.

The Indictment further alleges that from in or about June 2017, the exact date being unknown to the Grand Jury, until on or about July 26, 2017, in the Eastern District of Oklahoma, and elsewhere, the defendant, MICHAEL AARON CAMPBELL, 21 years old, did use and attempt to use, a facility and means of interstate commerce, by means of cellular communication, to knowingly persuade, induce, and entice an individual, Child #2, whom he believed to be under 14 years of age, to engage in sexual activity for which a person can be criminally charged under Oklahoma State law, to wit: Rape, First Degree, Title 21 Oklahoma Statute, Sections 1111, and 1114(A)(1), Rape by Instrumentation, First Degree, Title 21, Oklahoma Statute Sections 1111.1(A) and 1114(A)(1), and Lewd or Indecent Proposals or Acts with a Child under 16, Title 21, Oklahoma Statute, Section 1123, in violation of Title 18, United States Code, Section 2422(b), punishable by not less than 10 years imprisonment, a fine up to $250,000.00 or both.

The charges arose from an investigation by the Muldrow Police Department and Homeland Security Investigations.

Assistant United States Attorney John David Luton

 

HENRI MICHELLE PIETTE, age 63, of Wagoner, Oklahoma

Kidnapping
Travel With Intent To Engage In Sexual Act With A Juvenile

The Indictment alleges that in or about January 1997, the exact date being unknown to the Grand Jury, in the Eastern District of Oklahoma, and elsewhere, the defendant, HENRI MICHELLE PIETTE, a/k/a Henri Michel Piette, a/k/a  Henri Billy,  a/k/a Dan Reed, a/k/a Billy Ira Sloop Jr., a/k/a  Michael Wayne Mansfield, a/k/a Christopher Allen McAnear, an adult over 18 years of age, did unlawfully and willfully seize, confine, inveigle, decoy, kidnap, abduct, carry away, and hold for some benefit a female who had not attained the age of 18 years, who is known to the Grand Jury and, in committing, and in furtherance of the commission of the offense, transported the female in Interstate and Foreign commerce from the State of Oklahoma to States outside of Oklahoma and Foreign countries, in violation of Title 18, United States Code, Sections 1201(a)(1) and 1201(g). punishable by up to life imprisonment, a fine up to $250,000.00 or both.

The Indictment further alleges that from in or about January 1997, the exact date being unknown to the Grand Jury, to July 28, 2016, in the Eastern District of Oklahoma, and elsewhere, the defendant, HENRI MICHELLE PIETTE, a/k/a Henri Michel Piette, a/k/a Henri Billy, a/k/a Dan Reed, a/k/a Billy Ira Sloop Jr., a/k/a  Michael Wayne Mansfield, a/k/a Christopher Allen McAnear, did travel in interstate commerce for the purpose of engaging in any sexual act, as defined in Title 18, United States Code, Section 2246, with another person under 18 years of age, said sexual act being a violation of Chapter 109A of the United States Code, in violation of Title 18, United States Code, Section 2423(b), punishable by up to 10 years imprisonment, a fine up to $250,000.00 or both.

The charges arose from an investigation by the Federal Bureau of Investigation.

Assistant United States Attorney Edward Snow

 

BRANDON EVERETT BARKER, age 36, of Port Aransas, Texas
MICHELLE DENISE CARSON, age 39, of Indianapolis, Indiana

Possession Of An Electronic Image Of An Obligation Of The United States
Possession Of Counterfeit Obligations Of The United States
Possession Of An Identification Document Making Implement
Felon In Possession Of Firearm And Ammunition

The Indictment alleges that on or about September 17, 2017, in the Eastern District of Oklahoma, the defendants, BRANDON EVERETT BARKER and MICHELLE DENISE CARSON, did unlawfully and with intent to defraud, have in their control, custody, and possession, a digital and electronic image of an obligation or other security of the United States, to wit: a one hundred dollar bill, in violation of Title 18 United States Code, Sections 474(a) and 2, punishable by not more than 25 years imprisonment, a fine up to $250,000.00 or both.

The Indictment further alleges that on or about September 17, 2017, in the Eastern District of Oklahoma, the defendants, BRANDON EVERETT BARKER and MICHELLE DENISE CARSON, did knowingly have in their possession and custody, with intent to sell or otherwise use, six (6) counterfeited one-hundred-dollar Federal Reserve Notes, Series of 2006, Serial No. HB87632694B, made after the similitude of obligations issued under the authority of the United States, in violation of Title 18, United States Code, Sections 474(a) and 2, punishable by not more than 25 years imprisonment, a fine up to $250,000.00 or both.

The Indictment further alleges that on or about September 17, 2017, in the Eastern District of Oklahoma, the defendants, BRANDON EVERETT BARKER and MICHELLE DENISE CARSON, did knowingly possess document making implements, to wit, applications and software used to create identification documents, located on two laptop computers, with the intent such document making implement would be used in the production of false identification documents, and the possession of the document making implement was in or affected interstate commerce, in violation of Title 18, United States Code, Sections 1028(a)(5), 1028(b)(1)(C) and 2, punishable by not more than 15 years imprisonment, a fine up to $250,000.00 or both.

The Indictment further alleges that from on or about September 16, 2017, to on or about September 17, 2017, within the Eastern District of Oklahoma and elsewhere, the defendant, BRANDON EVERETT BARKER, having been convicted of a crime punishable by imprisonment for a term exceeding one year, 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 Atoka Police Department and the United States Secret Service.

Assistant United States Attorney Rob Wallace

 

AICHU SAESEE, age 29, of Visalia, California

Possession With Intent To Distribute Methamphetamine

The Indictment alleges that on or about July 14, 2017, within the Eastern District of Oklahoma, the Defendant, AICHU SAESEE, a/k/a Chava Seechan, a/k/a Aichu Johnnie Saesee, a/k/a Aicho Johnnie Saesee, a/k/a Aichu Chava Seechan, a/k/a Aichu Chava Saesee, a/k/a Johnny Aichu Saesee, a/k/a Johnny Alcho Saesee, and a/k/a Alchu Saesee, did knowingly and intentionally possess with intent to distribute 50 grams or more of methamphetamine (actual), a Schedule II controlled substance, in violation of Title 21, United States Code, Sections 841(a)(1) and 841(b)(1)(A), punishable by not less than 10 years imprisonment, a fine up to $10,000,000.00 or both.

The charge arose from an investigation by the Latimer County Sheriff’s Office and the Drug Enforcement Administration.

Assistant United States Attorney Kristin Harrington

MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that Jason Nathaniel Daugherty, age 31, of Broken Arrow, Oklahoma, was sentenced to 60 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 Indictment alleged that on or about, December 4, 2016, in the Eastern District of Oklahoma, the defendant, having been convicted of a crime punishable by imprisonment for a term exceeding one year, did knowingly possess in and affecting commerce a firearm and ammunition which have been shipped and transported in interstate commerce.

The charge arose from an investigation by the Broken Arrow Police Department and the Bureau of Alcohol, Tobacco, Firearms, and Explosives.

United States Attorney Brian J. Kuester said, “This office is committed to working with our federal, state, local and tribal partners to protect the public from violent offenders. Enforcement of the federal laws that prohibit convicted felons from possession of firearms is one way that we are able to protect the public. I am thankful for the work of the Broken Arrow Police Department, the Bureau of Alcohol, Tobacco, and Firearms, and members of the United States Attorney’s Office for their work on this case and their commitment to public 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. The defendant will remain in custody pending transportation to the designated federal facility at which the nonparoleable sentence will be served.

Assistant United States Attorney Kristin Harrington represented the United States.

MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that Gustavo Romero, age 21, of Los Angeles, California, was sentenced to 120 months imprisonment, and 5 years of supervised release for Possession With Intent To Distribute Cocaine, in violation of Title 21, United States Code, Sections 841(a)(1) and 841(b)(1)(A).

The Indictment alleged that on or about March 21, 2017, in the Eastern District of Oklahoma, the defendant, Gustavo Romero, did knowingly and intentionally possess with intent to distribute 5 kilograms or more of a mixture or substance containing a detectable amount of cocaine, a Schedule II controlled substance.

United States Attorney Brian J. Kuester said, “The transport and distribution of illegal drugs is an integral part of the drug cartels’ business operations. Attacking the distribution channels, as the Oklahoma Highway Patrol and DEA did in this case, is a critical component of the cooperative efforts by federal, state, local and tribal law enforcement agencies to disrupt and dismantle major drug organizations which plague our nation. I commend the OHP and DEA for their thorough, professional investigation which allowed this office to prosecute Romero for his unlawful acts committed in the Eastern District of 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. The defendant will remain in custody pending transportation to the designated federal facility at which the nonparoleable sentence will be served.

Assistant United States Attorney Timothy Hammer represented the United States.

MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that Thomas Charles Bardrick, age 21, of Fort Smith, Arkansas, was sentenced to 3 years probation for Interstate Transportation Of Stolen Property, in violation of Title 18, United States Code, Sections 2314 and 2.

The Indictment alleged that on or about April 15, 2015, in the Eastern District of Oklahoma, the defendant, Thomas Charles Bardrick, did unlawfully transport in interstate commerce stolen goods, wares and merchandise, that is, six (6) zero turn mowers, of the value of $5,000.00 or more knowing the same to have been stolen.

The charge arose from an investigation by the Oklahoma State Bureau of Investigation, Sallisaw Police Department, the Sequoyah County Sheriff’s Office, the Fort Smith Police Department, the Sabastian County Sherriff’s Office, the Poteau Police Department, and the District 27 Drug Task Force.

United States Attorney Brian J. Kuester said “This investigation and prosecution is a great example of the results that occur when citizens freely share information they believe to be suspicious and multiple law enforcement agencies from different jurisdictions work together. Investigators from each jurisdiction that assisted in this case played a critical role in the thorough, professional investigation that allowed this office to prosecute Bardrick. I commend the officers for their work and those citizens that provided information that lead to Bardrick’s arrest.”

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.

MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that Lashea Dannette Harris, age 33, of Oklahoma City, Oklahoma, pled guilty to Drug Conspiracy, in violation of Title 21, United States Code, Sections 846, 841(a)(1), and 841(b)(1)(C), punishable by not more than 20 years imprisonment, and up to a $1,000,000.00 fine or both.

The Superseding Indictment alleged that beginning in or about July 2016 and continuing until on or about November 29, 2016, within the Eastern District of Oklahoma and elsewhere, the defendant, did knowingly and intentionally combine, conspire, confederate and agree together, and with others known and unknown to the Grand Jury, to possess with intent to distribute and to distribute a mixture or substance containing a detectable amount of heroin, a Schedule I controlled substance, in violation of Title 21, United States Code, Section 846.

The charges arose from a joint investigation entitled “Golden Pony” 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 agencies involved in the investigation were the Bureau of Indian Affairs and the Drug Enforcement Administration.

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 Timothy Hammer represented the United States.

MUSKOGEE, OKLAHOMA – Jerry Lynn Gragg, 40, a former police officer with the Savanna Police Department in Pittsburg County, Oklahoma, pleaded guilty today in federal court in Muskogee, Oklahoma, to one count of violating the civil rights of a female whom he sexually assaulted during a routine traffic stop.

According to court documents, on January 21, 2017, Gragg, while on-duty, stopped a vehicle during the early hours of the morning while it was still dark outside.  After approaching the vehicle, Gragg brought the female driver back to his marked patrol unit and directed her to sit in the front passenger seat.  Given the coercive power of Gragg’s position as a law enforcement offer, and the physical disparity in size between Gragg and the victim, she could not escape from the patrol car. Thereafter, Gragg caused the victim to perform a sexual act on him against her will.  Gragg admitted that he knew what he was doing was wrong and against the law, yet he did so anyway.  Gragg further admitted that his acts included aggravated sexual abuse, which under federal law, requires force or putting the victim in fear of bodily injury, kidnapping, or death.

“The Department of Justice will not tolerate law enforcement officers who exploit their authority to sexually abuse individuals in their custody, thinking their actions will go without consequence because of the power they wield,” said Acting Assistant Attorney General John M. Gore. “The Civil Rights Division will continue to vigorously prosecute these cases.”

"I commend the strength and courage exhibited by the victim of this heinous act to come forward and provide law enforcement with the information necessary to hold the Defendant accountable for violating his oath to protect and serve his community." said U.S. Attorney Brian Kuester.  "While the majority of law enforcement officers follow the laws they are sworn to uphold, this Office will continue to investigate and prosecute those who choose otherwise."

“This deliberate abuse of authority is a disgrace and embarrassment to all members of the law enforcement community,” said FBI’s Oklahoma City Division Special Agent in Charge Kathryn Peterson.  “There is an added sense of betrayal when a fellow law enforcement official preys on the citizens he has sworn to protect.”

The terms of the plea agreement require Gragg to forfeit his law enforcement certification and comply with federal and state sex offender registration requirements.  A sentencing hearing has not been set.

This case is being investigated by the Oklahoma City Division of the FBI and the Oklahoma State Bureau of Investigation in cooperation with the Pittsburg County District Attorney’s Office and the Savanna Police Department.  It is being prosecuted by Assistant United States Attorney Shannon Henson of the Eastern District of Oklahoma and Special Litigation Counsel Fara Gold of the Civil Rights Division of the U.S. Department of Justice.

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 Shannon Henson represented the United States.

MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that Jimmie John Likowski, age 49, of Hitchita, 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 Indictment alleged that on or about May 21, 2017, within the Eastern District of Oklahoma, the defendant, Jimmie John Likowski, a/k/a Jimmy John Likowski, having been convicted of a crime punishable by imprisonment for a term exceeding one year, did knowingly possess in and affecting commerce which had been shipped and transported in interstate commerce.

The charge arose from an investigation by the Okmulgee County Sheriff’s Office and the Bureau of Alcohol, Tobacco, Firearms, and Explosives.

United States Attorney Brian J. Kuester said, “This office is committed to working with our federal, state, local and tribal partners to protect the public from violent offenders. Enforcement of the federal laws that prohibit convicted felons from possession of firearms is one way that we are able to protect the public. I am thankful for the work of the Okmulgee County Sheriff’s Office, the Bureau of Alcohol, Tobacco, and Firearms, and members of the United States Attorney’s Office, for their work on this case and their commitment to public 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. The defendant will remain in custody pending transportation to the designated federal facility at which the nonparoleable sentence will be served.

Assistant United States Attorney John David Luton represented the United States.

MUSKOGEE, OKLAHOMA – The Department of Justice has awarded more than $500,000 to four Oklahoma cities to enhance law enforcement, announced Mark A. Yancey, U.S. Attorney for the Western District of Oklahoma, and Brian J. Kuester, U.S. Attorney for the Eastern District of Oklahoma.

The recipients are:

• Dewar Police Department: $69,208

• Lindsay Police Department: $99,428

• City of Sallisaw: $95,569

• Shawnee Police Department: $250,000

These funds will enable Dewar, Lindsay, and Sallisaw to hire one additional police officer each.  Shawnee will be able to hire two additional officers.

These grants are part of more than $98 million awarded to 179 law enforcement agencies across the United States through the Department of Justice’s Office of Community Oriented Policing Services, also known as “COPS.”  These funds will support hiring 802 additional full-time law enforcement officers.

The Department of Justice’s national press release on these grants is available at https://www.justice.gov/opa/pr/attorney-general-sessions-announces-98-million-hire-community-policing-officers.

MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma, announced that Floyd Preston Miller, III, age 38, of Ada, Oklahoma was arraigned in federal court on November 21, 2017.

The defendant is charged with Enticement of a Minor using the Internet, in violation of Title 18, United States Code, Sections 2422(b), punishable by not less than 10 years imprisonment, and up to a $250,000.00 fine or both, and an additional term of Supervised Release up to Life.

The Indictment alleges that from in or about November 2015, the exact date being unknown to the Grand Jury, until on or about February 8, 2016, in the Eastern District of Oklahoma, and elsewhere, the defendant, Floyd Preston Miller III, 36 years old, did use a facility and means of interstate commerce, the Internet, to attempt to knowingly persuade, induce, and entice an individual whom he believed was 15 years old, to engage in sexual activity for which a person can be criminally charged under Oklahoma State law.

The charges are a result of an investigation by the North Las Vegas Police Department and the Federal Bureau of Investigation.

The Honorable Steven P. Shreder, Magistrate Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, presided over the hearing. The defendant was remanded into the custody of the United States Marshal Service.               

Assistant United States Attorney Edward Snow represented the United States.

MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that Danielle Rose Escalante, age 32, of Garland, Texas pled guilty to Possession of a Counterfeit Obligation, in violation of Title 18, United States Code, Section 472, punishable by not more than 20 years imprisonment, and up to a $250,000.00 fine or both.               

The Indictment alleged that on or about December 13, 2016, in the Eastern District of Oklahoma, the Defendant, did with intent to defraud, possess a counterfeit obligation of the United States, that is: one counterfeit $100 Federal Reserve Note, serial number AB20650383P, Check Letter G, Quadrant Number 2, Face Place Number 206, Back Plate Number 25, Series 1996.

The charge arose from an investigation by the District 18 Drug and Violent Crimes Task Force, the Pittsburg County Sheriff’s Office, and the United States Secret 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 Melody Nelson represented the United States.

MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that Rachel Marie White, age 38, of El Reno, Oklahoma, pled guilty to Drug Conspiracy, in violation of Title 21, United States Code, Sections 846, 841(a)(1), and 841(b)(1)(B), punishable by not less than 5 years imprisonment, and up to 40 years imprisonment, and up to a $5,000,000.00 fine.               

The Superseding Indictment alleged that beginning in or about July 2016 and continuing until on or about November 29, 2016, within the Eastern District of Oklahoma and elsewhere, the defendant, did knowingly and intentionally combine, conspire, confederate and agree together, and with others known and unknown to the Grand Jury, to distribute and possess with intent to distribute 5 grams or more of methamphetamine (actual).

The charges arose from a joint investigation entitled “Golden Pony” 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 agencies involved in the investigation were the Bureau of Indian Affairs and the Drug Enforcement Administration.

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 Timothy Hammer represented the United States.

MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that Ian Alexander Bowline, age 32, of Welling, Oklahoma, was sentenced to 16 months imprisonment, 1 year of supervised release, and ordered to pay a $7,750.00 money judgment for 7 counts of OBTAINING A CONTROLLED SUBSTANCE BY FRAUD, in violation of Title 21, United States Code, Section 843(a)(3) and Title 18, United States Code, Section 2; 7 counts of USE OF A REGISTRATION NUMBER OF ANOTHER PERSON TO OBTAIN A CONTROLLED SUBSTANCE BY FRAUD, in violation of Title 21, United States Code, Section 843(a)(2) and Title 18, United States Code, Section 2; 1 count of ATTEMPTING TO OBTAIN A CONTROLLED SUBSTANCE BY FRAUD, in violation of Title 21, United States Code, Sections 843(a)(3) and 846 and Title 18, United States Code, Section 2; and 1 count of  ATTEMPTING TO USE A REGISTRATION NUMBER OF ANOTHER PERSON TO OBTAIN A CONTROLLED SUBSTANCE BY FRAUD, in violation of Title 21, United States Code, Sections 843(a)(2) and 846 and Title 18, United States Code, Section 2. The jury trial began on Tuesday, April 4, 2017 and concluded on Wednesday, April 12, 2017 with the guilty verdicts.

Beginning in or about 2010, and continuing until the date of the service of a search warrant at Bowline’s residence on May 7, 2013, Bowline led an organization aimed at obtaining Oxycodone by utilizing false prescriptions manufactured by Bowline and distributed to others who, in turn, presented the false prescriptions to pharmacies and obtained 90 to 120 count Oxycodone pills at 30 mg. dosages per pill.  The false prescriptions were generated by Bowline, contained valid DEA physician license numbers, and were printed on special watermark paper used by physicians when writing prescriptions.  Bowline obtained the DEA physician numbers and paper from the internet.

The false prescriptions were presented to pharmacies in Oklahoma, Arkansas, and Missouri.  The evidence presented at trial included items seized from a search of Bowline’s residence.  Agents seized a computer, laptop, and thumb-drives which contained approximately 80 blank prescriptions in a format used to produce and print the prescriptions.  Fifty-one of the prescriptions, resulting in a total of 6,030 Oxycodone pills, had been illegally passed at pharmacies within and outside Oklahoma.  Prosecutors also presented other false prescriptions that had been filled by various pharmacies and identified as being manufactured and signed by Bowline.  During the course of the trial, evidence was presented that Bowline was involved in the diversion of approximately 14,000 Oxycodone pills.  In all, 6 other defendants were sentenced as a result of the investigation into the Bowline organization.  Their sentences ranged from probation to 60 months imprisonment.

The verdicts obtained were the result of an investigation by the Oklahoma Bureau of Narcotics and 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.

United States Attorney Brian J. Kuester said, “The OBN investigators and assistant United States Attorneys worked diligently on this investigation and prosecution for years. I commend them for their efforts to put an end to the scheme by this Defendant and others to fraudulently obtain large quantities of opioids. This office, as well as our federal, state, local and tribal law enforcement partners are committed to enforcing the laws that we have to combat the abuse of opioids.”

The Honorable James H. Payne, U.S. District Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, presided over the sentencing hearing and jury trial.

Assistant United States Attorneys Shannon Henson and John David Luton represented the United States.

MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that Kyle Reece Major, age 33, of Vian, Oklahoma, was sentenced to 17 months imprisonment and 3 years of supervised release for Felon In Possession Of Firearm & Ammunition, in violation of Title 18, United States Code, Sections 922(g)(1) and 924(a)(2).

The Indictment alleged that on or about December 29, 2014, within the Eastern District of Oklahoma, the defendant, having been convicted of a crime punishable by imprisonment for a term exceeding one year, did knowingly possess in and affecting commerce, a firearm and ammunition which had been shipped and transported in interstate commerce.

United States Attorney Brian J. Kuester said, “This office is committed to working with our federal, state, local and tribal partners to protect the public from violent offenders. Enforcement of the federal laws that prohibit convicted felons from possession of firearms is one way that we are able to protect the public. I am thankful for the work of the Sequoyah County Sheriff’s Office, the Bureau of Alcohol, Tobacco, and Firearms, and members of the United States Attorney’s Office, for their work on this case and their commitment to public 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. The defendant will remain in custody pending transportation to the designated federal facility at which the nonparoleable sentence will be served.

Assistant United States Attorney Edward Snow represented the United States.

MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that Joshua Wade Carter, age 42, of Stilwell, Oklahoma, was sentenced to 35 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).

The Indictment alleged that from in or about November 2016, the exact date being unknown to the Grand Jury, until on or about April 19, 2017, 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 Texas in Tarrant County on or about February 21, 2002, for the offense of Sexual Assault of a Child under 17, resided in Indian Country, and knowingly failed to register and update his registration as required by the Sex Offender Registration and Notification Act.

The charge arose from an investigation by the Adair County Sherriff’s Office and the United States Marshals Service.

United States Attorney Brian J. Kuester said, “When law enforcement officers from different agencies work together they serve our communities well. The United States Marshals Service and the Adair County Sheriff’s Office worked together on this investigation and as a result, the community is safer. I commend them for their joint efforts to ensure that sex offender registration laws are being enforced.”

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. The defendant will remain in custody pending transportation to the designated federal facility at which the nonparoleable sentence will be served.

Assistant United States Attorney Edward Snow represented the United States.

MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that Sisney Ann Large, age 43, of Oklahoma City, Oklahoma, pled guilty to Distribution of 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 imprisonment, and up to a $10,000,000.00 fine or both.               

The Indictment alleged that on or about August 30, 2016, within the Eastern District of Oklahoma, the defendant, SISNEY ANN LARGE, did knowingly and intentionally distribute 50 grams or more of methamphetamine (Actual), a Schedule II controlled substance.

The charges arose from a joint investigation entitled “Golden Pony” 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 agencies involved in the investigation were the Bureau of Indian Affairs and the Drug Enforcement Administration.

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 Timothy Hammer represented the United States.

MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that Shawn Justin Fischer, age 36, of Durant, Oklahoma, was sentenced to 3 years of probation for Delay or Destruction Of Mail By Postal Employee, in violation of Title 18, United States Code, Section 1703.

The Indictment alleged that on or about April 20, 2017, in the Eastern District of Oklahoma, the Defendant, a United States Postal Service employee, did willfully, knowingly and unlawfully open a package entrusted to him and which came into his possession to be conveyed by mail while performing his assigned duties as an employee of the United States Postal Service.

The charge arose from an investigation by the United States Postal Services’ Office of Inspector General. U.S. Attorney Brian J. Kuester stated, “The vast majority of our Postal Service employees serve us honorably. Identifying and prosecuting the very few Postal Service employees who violate the trust of the people they serve helps to maintain the integrity of our postal system. I am thankful to the Office of Inspector General for its work in this and other cases in the Eastern District of Oklahoma.”

The Honorable James H. Payne, 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 John David Luton represented the United States.

MUSKOGEE, OKLAHOMA – The United States Attorney’s Office announced today the results of the November 2017 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.”

 

RODNEY PHILLIP AIRD, age 50, of Seminole, Oklahoma

Possession With Intent To Distribute Methamphetamine

The Indictment alleges that on or about August 13, 2017, within the Eastern District of Oklahoma, the defendant, RODNEY PHILLIP AIRD, did knowingly and intentionally possess with the intent to distribute 5 grams or more of methamphetamine (actual), a Schedule II controlled substance, in violation of Title 21, United States Code, Sections 841(a)(1) and 841(b)(1)(B), punishable by no more than 40 years imprisonment, a fine up to $5,000,000.00 or both.

The charge arose from an investigation by the Seminole Nation Tribal Police, the Bureau of Indian Affairs, and the Drug Enforcement Administration.

Assistant United States Attorney John David Luton

 

KRISTI MICHELLE JUAREZ, age 32, of Sanger, Texas

Theft By Officers Or Employees Of An Indian Gaming Establishment

The Indictment alleges that on January 2, 2017, in the Eastern District of Oklahoma, KRISTI MICHELLE JUAREZ, defendant herein, while an employee of the Chickasaw Nation WinStar World Casino and Resort, did embezzle, abstract, purloin, willfully misapply, and take and carry away in excess of $1,000.00 of moneys belonging to the Chickasaw Nation WinStar World Casino and Resort, an Indian gaming establishment operated by the Chickasaw Nation, pursuant to an ordinance or resolution approved by the National Indian Gaming Commission, in violation of Title 18, United States Code, Section 1168(b), punishable by up to 20 years imprisonment, a fine up to $1,000,000.00 or both.

The charge arose from an investigation by the Federal Bureau of Investigation, and the Bureau of Indian Affairs.

Assistant United States Attorney John David Luton

 

MANUEL EMILIO PAYANO, age 42, of Hazleton, Pennsylvania

ANGEL VEGA, age 43, of Philadelphia, Pennsylvania

Possession With Intent To Distribute Cocaine

The Indictment alleges that on or about October 16, 2017, within the Eastern District of Oklahoma, the defendants, MANUEL EMILIO PAYANO and ANGEL VEGA, did knowingly and intentionally possess with intent to distribute 5 kilograms or more of a mixture or substance containing a detectable amount of cocaine a Schedule II controlled substance, 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 than 10 years imprisonment, a fine up to $10,000,000.00 or both.

The charge arose from an investigation by the Oklahoma Highway Patrol and the Drug Enforcement Administration.

Assistant United States Attorney Dean Burris

 

JUSTIMIANO PEREZ DIAZ, age 42, of Stigler, Oklahoma

Enticement Of A Minor Using The Internet

The Indictment alleges that from in or about September 2017, the exact date being unknown to the Grand Jury, until on or about October 16, 2017, in the Eastern District of Oklahoma, and elsewhere, the defendant, JUSTIMIANO PEREZ DIAZ, 42 years old, did use a facility and means of interstate commerce, the Internet, to attempt to knowingly persuade, induce, and entice an individual whom he believed was 13 years old, to engage in sexual activity for which a person can be criminally charged under Oklahoma State law, to wit: Title 21, Oklahoma Statute, Section 1123, Lewd or Indecent Proposals or Acts with a Child under 16, in violation of Title 18, United States Code, Section 2422(b), punishable by not less than 10 years imprisonment, a fine up to $250,000.00 or both.

The charge arose from an investigation by the Wagoner Police Department and the Federal Bureau of Investigation.

Assistant United States Attorney Edward Snow

 

DARRELL LEE McLEMORE, age 55, of Porum, Oklahoma

Concealment Of A Material Fact
False Statement (Two Counts)

The Indictment alleges that from in or about October 2012 and continuing through in or about October 2017, within the Eastern District of Oklahoma and elsewhere, the ,defendant DARRELL LEE McLEMORE, in a matter within the jurisdiction of Social Security Administration, having knowledge of the occurrence of an event affecting the right to receive or continue to receive Social Security Supplemental Security Income payments, concealed and failed to disclose such event with the intent to fraudulently secure payment when no payment was authorized.  Specifically, defendant DARRELL LEE McLEMORE intentionally concealed that DARRELL LEE McLEMORE secured gainful employment and owned or acquired assets, which would disqualify him from eligibility for the payments, in order to receive and continue to receive Supplemental Security Income payments made by the Social Security Administration to him.  By such action, defendant DARRELL LEE McLEMORE took approximately $48,075.00 in Social Security Supplemental Security Income payments to which he was not entitled, in violation of Title 42, United States Code, Section 1383a(a)(3), punishable by not more than 5 years imprisonment, a fine up to $250,000.00 or both.

The Indictment further alleges that on or about February 1, 2017, within the Eastern District of Oklahoma, the defendant, DARRELL LEE McLEMORE, did knowingly make or caused to be made any false statement or representation of a material fact to the Social Security Administration used to determine the right for any payment.  Specifically, DARRELL LEE McLEMORE participated in a redetermination conference wherein DARRELL LEE McLEMORE stated that DARRELL LEE McLEMORE had not worked since the date of DARRELL LEE McLEMORE’s last eligibility determination, when, in fact, DARRELL LEE McLEMORE knew that he had been gainfully employed during the period, in violation of Title 42, United States Code, Section 1383a(a)(2). punishable by not more than 5 years imprisonment, a fine up to $250,000.00 or both.

The Indictment further alleges that on or about June 14, 2016, within the Eastern District of Oklahoma, the defendant, DARRELL LEE McLEMORE, did knowingly and willfully, make a materially false statement or representation, in a matter within the jurisdiction of the Social Security Administration of the United States, by submitting a Form SS-5 Application for a Social Security Card and stating to a Social Security Administration Service Representative that he had never applied for or been issued a Social Security Card, when, in fact, defendant, DARRELL LEE McLEMORE, knew that he had been assigned a Social Security Number and issued a Social Security Card on or about October 14, 1975, in violation of Title 18, United States Code, Section 1001, punishable by not more than 5 years imprisonment, a fine up to $250,000.00 or both.

The charges arose from an investigation by the Social Security Administration Office of Inspector General.

Assistant United States Attorney Rob Wallace

 

TIFFANY RHEA SPEARS, age 30, of Thackerville, Oklahoma

Bank Theft, Embezzlement And Misapplication
False Entry In The Books Of A Federally Insured Bank (Four Counts)
Bank Fraud

The Indictment alleges that from on or about January 6, 2017, until on or about June 5, 2017, within the Eastern District of Oklahoma, defendant TIFFANY RHEA SPEARS, being an officer, director, agent, or employee of, or connected in a capacity with, Citizens Bank and Trust of Ardmore, Oklahoma, a bank whose deposits are insured by the Federal Deposit Insurance Corporation, with intent to injure and defraud the said Citizens Bank and Trust of Ardmore, Oklahoma, willfully misapplied,  embezzled, abstracted, and purloined more than $1,000.00 of the moneys, funds, assets or securities entrusted to the custody or care of Citizens Bank and Trust of Ardmore, Oklahoma, in that the defendant made advances on certain customer loans and withdrew cash from the accounts of certain bank customers and misapplied, embezzled, abstracted and purloined the funds for her own use or benefit, in violation of Title 18, United States Code, Section 656, punishable by not more than 30 years imprisonment, a fine up to $1,000,000.00 or both.

The Indictment further alleges that from on or about January 6, 2017, until on or about June 5, 2017, within the Eastern District of Oklahoma, defendant TIFFANY RHEA SPEARS, with the intent to deceive an officer of Citizens Bank and Trust of Ardmore, Oklahoma, a bank whose deposits are insured by the Federal Deposit Insurance Corporation, knowingly made false entries in the books, reports, or statements of Citizens Bank and Trust of Ardmore, Oklahoma, as set forth in the table below, in that defendant created false transaction documents showing customers advancing monies on their loans and withdrawing cash from their accounts, when in truth and in fact, as the defendant well knew, the advances and withdrawals from customer accounts were by, and for the benefit of, the defendant, punishable by not more than 30 years imprisonment, a fine up to $1,000,000.00 or both.

The Indictment further alleges that from on or about January 6, 2017, until on or about June 5, 2017, within the Eastern District of Oklahoma, defendant, TIFFANY RHEA SPEARS, devised, executed, and attempted to execute a scheme and artifice to obtain moneys, funds, credits, assets, securities, or other property under the custody or control of Citizens Bank and Trust of Ardmore, Oklahoma, a bank whose deposits are insured by the Federal Deposit Insurance Corporation, by means of materially false and fraudulent pretenses, representations, and promises.

The charges arose from an investigation by the Federal Reserve Office of Inspector General.

Assistant United States Attorney Rob Wallace

MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that KELLY RAY POTTER JR, age 41, of McAlester, Oklahoma pled guilty to DRUG CONSPIRACY, in violation of Title 21, United States Code, Sections 846, 841(a)(1), and 841(b)(1)(A), punishable by not less than 10 years imprisonment, and up to life imprisonment, and up to a $10,000,000.00 fine.               

The Superseding Indictment alleged that beginning in or about July 2016 and continuing until on or about November 29, 2016, within the Eastern District of Oklahoma and elsewhere, the defendant, KELLY RAY POTTER JR., did knowingly and intentionally combine, conspire, confederate and agree together, and with others known and unknown to the Grand Jury, to distribute and possess with intent to distribute 50 grams or more of methamphetamine (actual).

The charges arose from a joint investigation entitled “Golden Pony” 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 agencies involved in the investigation were the Bureau of Indian Affairs and the Drug Enforcement Administration.

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 Timothy Hammer represented the United States.

MUSKOGEE, OKLAHOMA – United States Attorney Brian J. Kuester announced today that three members of a violent Texas prison gang have been sentenced for their roles in the kidnapping and homicide of one of their fellow gang members.  Brian Thomas Green, 45, Kalvin Kyle McCown, 44, and Travis Lee Hill, 28, all of the Longview, Texas, area, have been sentenced to long, non-parolable, prison sentences for the part that each played in the kidnapping and killing of Kenneth Earl Ayres.  Green was sentenced on October 26, 2017, to 25 years in prison and 5 years of supervised release.  McCown was sentenced on Otober 25, 2017, to 20 years in prison and 5 years of supervised release.  Hill was sentenced on September 20, 2017, to 15 years in prison and 5 years of supervised release.  Each was ordered to pay a $100.00 assessment to the Court.

The victim and the defendants were members or affiliates of the Aryan Brotherhood of Texas, a gang known for vicious attacks on their own members when they violate the organization’s “Constitution.”  In July 2011, Ayres violated the gang’s rules by stealing guns from a shed at McCown’s residence in Longview, Texas.  Green, and a now deceased “prospect” who was earning his way into the gang, persuaded Ayres to come with them to McCown’s residence where Ayres was beaten and shot in the hand by Green, McCown, Hill and others.  Using McCown’s pickup, Green and Hill transported Ayres to the McCurtain County community of Harris in southeast Oklahoma where he was shot and killed.  Ayres' remains were discovered in September 2011 by farmers cutting hay.  The skeletal remains were ultimately identified by the Oklahoma Office of the Chief Medical Examiner using a DNA profile generated in the lab at the University of North Texas.  The DNA was matched to a sample of Ayres' DNA collected by the Texas Department of Criminal Justice during a term Ayres had served in a Texas prison.

The prosecution of the case was based upon a multi-year investigation that followed the discovery of Ayres’ remains.  The U.S. Immigration and Customs Enforcement's (ICE) Homeland Security Investigations (HSI) led the investigation with the close support of the Carrollton Texas Police Department, the Longview Texas Police Department, and the Oklahoma State Bureau of Investigation.  Other agencies participating in the investigation included:  Texas Department of Public Safety, McCurtain County Sheriff’s Office, Panola County Texas Sheriff’s Office, United States Bureau of Prisons, and the Texas Rangers.

U.S. Attorney Kuester said, “A homicide that is not solved within weeks of its occurrence becomes increasingly complex and more difficult to investigate and prosecute. Despite the difficulties that arose in this case due to the lapse of time, HSI Agents and the state and local law enforcement agencies that assisted them were thorough and professional. Assistant U.S. Attorneys Rob Wallace and Kristen Harrington diligently worked on this case to achieve justice for the victim and his family. I commend each one who played a role in this investigation and prosecution.”

"Gang-related crimes are especially egregious, and ABT is one of the more violent gangs, as this case clearly demonstrates," said Katrina W. Berger, special agent in charge of HSI Dallas. "Homeland Security Investigations has an active anti-gang program, and our special agents routinely work closely with our law enforcement partners to investigate gang-related crimes."

The Federal Grand Jury in Muskogee began hearing evidence in the case in September of 2014, and returned Indictments for Racketeering and Kidnapping charges against Green, McCown and Hill in January of 2016.  McCown and Hill entered guilty pleas to the Kidnapping charge on January 6, 2017.  Green entered a guilty plea to a charge of Use and Carry of a Firearm During and in Relation to a Crime of Violence on May 10, 2017.

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. The defendants will remain in custody pending transportation to the designated federal facility at which the non-parolable sentence will be served.

Assistant United States Attorney Rob Wallace and Assistant United States Attorney Kristin Harrington represented the United States.

MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that THOMPSON CHRISTOPHER KYLE MANDRELL, age 30, of Okmulgee, Oklahoma, was sentenced to 97 months imprisonment and 10 years of supervised release for POSSESSION OF CERTAIN MATERIAL INVOLVING THE SEXUAL EXPLOITATION OF MINORS, in violation of Title 18, United States Code, Sections 2252(a)(4)(B) and 2252(b)(2).

The Indictment alleged that between on or about July 7, 2014, and on or about September 21, 2016, in the Eastern District of Oklahoma, the defendant, THOMPSON CHRISTOPHER KYLE MANDRELL, did knowingly possess, attempt to possess and access with intent to view matters which contained visual depictions, as that term is defined in Title 18, United States Code, Section 2256(5), the production of said visual depictions involved the use of minors engaging in sexually explicit conduct, as that term is defined in Title 18, United States Code, Sections 2256(2)(A)-(B), and said visual depictions were of such sexually explicit conduct and had been transported in interstate commerce by computer.

The charge arose from an investigation by the Okmulgee Police Department and the Federal Bureau of Investigation. U.S. Attorney Brian J. Kuester stated, “The horrific acts committed against children by those that produce child pornography is made profitable by those that purchase, possess, and share it. I commend the FBI and the Okmulgee Police Department for their investigation which allowed this office to successfully prosecute Mr. Mandrell.”

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. The defendant will remain in custody pending transportation to the designated federal facility at which the nonparoleable sentence will be served.

Assistant United States Attorney Edward Snow represented the United States.

MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that MICHAEL LEON JOHNSON, age 64, of Okmulgee, Oklahoma pled guilty 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), which carries a potential punishment of not less than 15 years imprisonment, and up to a $250,000.00 fine or both.

The Indictment alleged that from on or about June 30, 2017, within the Eastern District of Oklahoma, the defendant, MICHAEL LEON JOHNSON, having been convicted of a crime punishable by imprisonment for a term exceeding one year, did knowingly possess in and affecting commerce, a firearm and ammunition which had been shipped and transported in interstate commerce.

The charges arose from an investigation by the Okmulgee Police Department, the Sallisaw Police Department, the Cherokee Marshals Service, 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 Chris Wilson represented the United States.

MUSKOGEE, OKLAHOMA – On Saturday, October 28, from 10 a.m. to 2 p.m. three area law enforcement agencies will be partnering with the Drug Enforcement Administration to give the public its 14th opportunity in 7 years to prevent pill abuse and theft by ridding their homes of potentially dangerous expired, unused, and unwanted prescription drugs. Pills or patches can be brought to disposal sites in Tahlequah and Talihina.  (The DEA cannot accept liquids or needles or sharps, only pills or patches.)  The service is free and anonymous, no questions asked.

The local agencies and disposal locations set up specifically for October 28th in the Eastern District of Oklahoma are:

• Cherokee Nation Marshal Service, 22114 S Bald Hill Rd, Tahlequah 

• Northeastern State University Police, 612 N. Grand Avenue, Tahlequah

• Choctaw Nation Tribal Police, One Choctaw Way, Talihina

Last April Americans turned in 450 tons (900,000 pounds) of prescription drugs at almost 5,500 sites operated by the DEA and more than 4,200 of its state and local law enforcement partners.  Overall, in its 13 previous Take Back events, DEA and its partners have taken in over 8.1 million pounds—more than 4,050 tons—of pills.

The Oklahoma Bureau of Narcotics (OBN), also a partner in the effort to reduce prescription drug abuse by offering safe disposal options, offers locations throughout the state. OBN’s website, found at www.ok.gov/obndd can assist you in finding a location near you.

Brian J. Kuester, U.S. Attorney for the Eastern District of Oklahoma said, “This service, offered by the DEA, OBN and local agencies is a valuable component of the joint efforts by state, local, tribal and federal agencies to reduce the abuse of prescription drugs. I urge everyone who has unneeded prescription medications to dispose of them, and applaud the efforts of these agencies to give a safe no-questions asked location for disposal.”

Medicines that languish in home cabinets are highly susceptible to diversion, misuse, and abuse. Rates of prescription drug abuse in the U.S. are alarmingly high, as are the number of accidental poisonings and overdoses due to these drugs.  Studies show that a majority of abused prescription drugs are obtained from family and friends, including from the home medicine cabinet. In addition, Americans are now advised that their usual methods for disposing of unused medicines—flushing them down the toilet or throwing them in the trash—both pose potential safety and health hazards.

For more information about the disposal of prescription drugs or about the October 28 Take Back Day event, go to the DEA Diversion website at www.deadiversion.usdoj.gov/drug_disposal/takeback/.

MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that RIEN KEITH IRVING, age 21, of Muskogee, Oklahoma pled guilty to FELON IN POSSESSION OF FIREARM & AMMUNITION, in violation of Title 18, United States Code, Sections 922(g)(1) and 924(a)(2), punishable by not more than 10 years imprisonment, and up to a $250,000.00 fine or both; and to POSSESSION OF A FIREARM IN FURTHERANCE OF A DRUG TRAFFICKING CRIME, in violation of Title 18, United States Code, Section 924(c)(1)(A), punishable by not less than 60 months consecutive to any other sentence imposed, and up to a $250,000.00 fine or both.               

The Indictment alleged that from on or about December 9, 2016, within the Eastern District of Oklahoma, the defendant, RIEN KEITH IRVING, having been convicted of a crime punishable by imprisonment for a term exceeding one year, 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 December 9, 2016, within the Eastern District of Oklahoma, the defendant, RIEN KEITH IRVING, did knowingly possess a firearm in furtherance of a drug trafficking crime for which he may be prosecuted in a court of the United States. 

The charges arose from an investigation by the Muskogee Police Department 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 John David Luton represented the United States.

MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that LEEROY SOAP JR, age 39, of Cherry Tree, Oklahoma pled guilty to ASSAULT WITH A DANGEROUS WEAPON IN INDIAN COUNTRY, in violation of Title 18, United States Code, Sections 113(a)(3), 1151 and 1153, punishable by not more than 10 years imprisonment, and up to a $250,000.00 fine or both.               

The Indictment alleged that on or about July 13, 2017, in the Eastern District of Oklahoma, within Indian country, on an Indian allotment the Indian title to which had not been extinguished, and within the special maritime and territorial jurisdiction of the United States, the defendant, LEEROY SOAP JR., an Indian, did knowingly assault J.E. with a dangerous weapon with intent to do bodily harm.

The charge arose from an investigation by the Cherokee Nation Marshal Service, the Adair County Sherriff’s Office, 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 Chris Wilson represented the United States.

MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that DENISE TAYLOR, age 55, of Ardmore, Oklahoma, pled guilty to EMBEZZLEMENT AND THEFT FROM INDIAN TRIBAL ORGANIZATION, in violation of Title 18, United States Code, Section 1163, punishable by not more than 5 years imprisonment, and up to a $250,000.00 fine or both.               

The Indictment alleged that from on or about March 19, 2017,  to on or about March 29, 2017,  in the Eastern District of Oklahoma, the defendant, DENISE TAYLOR, did steal, embezzle and knowingly and willfully convert to her own use goods, assets, and other property, with a value in excess of $1,000.00, which had been entrusted to her custody and care as an employee of the Chickasaw Nation’s Ardmore Smoke Shop # 1, an Indian tribal organization.

The charge arose from an investigation by the Bureau of Indian Affairs.

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 Edward Snow represented the United States.

MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that DUANE RAY BRYANT, age 31, of Pocola, Oklahoma, pled guilty to POSSESSION WITH INTENT TO DISTRIBUTE METHAMPHETAMINE, in violation of Title 21, United States Code, Sections 841(a)(1) & 841(b)(1)(C), punishable by not more than 20 years imprisonment, and up to a $1,000,000.00 fine or both.               

The Indictment alleged that on or about January 29, 2017, within the Eastern District of Oklahoma, the defendant, DUANE RAY BRYANT, did knowingly and intentionally possess with the intent to distribute a mixture or substance containing a detectable amount of methamphetamine, a Schedule II controlled substance.

The charge arose from an investigation by the Sallisaw 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 John David Luton represented the United States.

MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that IVAN ALEXANDER WILLIAMSON, age 26, of Clayton, Oklahoma, was sentenced to 18 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 Indictment alleged that on or about February 9, 2017, within the Eastern District of Oklahoma, the defendant, having been convicted of a crime punishable by imprisonment for a term exceeding one year, did knowingly possess in and affecting commerce, a firearm which had been shipped and transported in interstate commerce.

The charge arose from an investigation by the Clayton Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives.

United States Attorney Brian J. Kuester said, “I am thankful that the Clayton Police Department and the ATF worked together on this case to bring Mr. Williamson to justice. Prosecuting felons for unlawfully possessing firearms is one of the many ways that the United States Attorney’s Office can work with federal, state and local agencies to protect the public that we all serve.”

The Honorable James H. Payne, U.S. District Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, presided over the hearing. The defendant will remain in custody pending transportation to the designated federal facility at which the nonparoleable sentence will be served.

Assistant United States Attorney Rob Wallace represented the United States.

MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma, announced that JENADIAH RAY BARNES, age 38, of Checotah, Oklahoma, pled guilty 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, and up to a $250,000.00 fine or both.               

The Indictment alleged that from in or about February 2017, the exact date being unknown to the Grand Jury, until on or about August 1, 2017, in the Eastern District of Oklahoma, and elsewhere, the defendant, JENADIAH RAY BARNES, a/k/a JENEDIAH RAY BARNES, a/k/a JEDEDIAH RAY BARNES, 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 Tennessee in Wilson County on or about October 19, 1998, for the offense of Conspiracy to Commit Rape of a Child, resided in Indian Country, and knowingly failed to register and update his registration as required by the Sex Offender Registration and Notification Act.

The charge arose from an investigation by the Cherokee Nation Marshal’s Service, the McIntosh County Sherriff’s Office, the Federal Bureau of Investigation, and the U.S. 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.

Assistant United States Attorney John David Luton represented the United States.