Eastern District of Oklahoma

The Department of Justice has awarded more than $18 million in grants to Oklahoma tribal governments to enhance public health and safety, announced R. Trent Shores, U.S. Attorney for the Northern District of Oklahoma; 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.

 

These grants are part of more than $100 million in grants to 125 American Indian tribes, Alaska Native villages, tribal consortia, and tribal designees, announced today by Associate Attorney General Rachel Brand.  Many of these awards were made through the Department’s Coordinated Tribal Assistance Solicitation (CTAS), a single application for tribal-specific grant programs. The Department developed CTAS through its Office of Community Oriented Policing Services, Office of Justice Programs and Office on Violence Against Women, and administered the first round of consolidated grants in September 2010.

 

CTAS grants are designed to enhance law enforcement practices, expand victim services, and sustain crime prevention and intervention efforts.  Awards cover nine areas: public safety and community policing, justice systems planning, alcohol and substance abuse, corrections and correctional alternatives, children’s justice act partnerships, services for victims of crime, violence against women, juvenile justice, and tribal youth programs.

 

“Reducing violent gang and gun crimes in Indian Country is crucial to protecting citizens who live in and around tribal communities.  The justice community must also look to help those with mental health and substance abuse issues to re-enter society as productive citizens.  These Federal grant allocations will help to further those goals,” said U.S. Attorney Shores of the Northern District of Oklahoma.

 

The Oklahoma CTAS recipients are:

 

Cherokee Nation (total: $3,087,900)

Public Safety and Community Policing: $565,241

Comprehensive Tribal Justice Systems Strategic Planning: $74,995

Justice Systems and Alcohol and Substance Abuse: $749,993

Violence Against Women Tribal Governments Program: $898,100

Comprehensive Tribal Victim Assistance Program: $449,925

Tribal Youth Program: $349,646

 

Choctaw Nation of Oklahoma (total: $1,994,588)    

Violence Against Women Tribal Governments Program: $897,851

Comprehensive Tribal Victim Assistance Program: $449,999

Juvenile Healing to Wellness Courts: $350,000

Tribal Youth Program: $296,738

 

Citizen Potawatomi Nation (total: $1,098,106)         

Justice Systems and Alcohol and Substance Abuse: $749,593

Tribal Youth Program: $348,513

 

Comanche Nation (total: $749,348)

Justice Systems and Alcohol and Substance Abuse: $749,348

 

Delaware Tribe of Indians (total: $424,845)

Violence Against Women Tribal Governments Program: $424,845

 

Muscogee Creek Nation (total: $803,912)

Violence Against Women Tribal Governments Program: $803,912

 

Pawnee Nation (total: $700,000)

Violence Against Women Tribal Governments Program: $700,000

 

Ponca Tribe of Oklahoma (total: $1,800,000)           

Corrections and Correctional Alternatives: $1,000,000

Comprehensive Tribal Victim Assistance Program: $450,000

Tribal Youth Program: $350,000

 

Quapaw Tribe of Oklahoma (total: $4,590,422)

Public Safety and Community Policing: $232,929

Justice Systems and Alcohol and Substance Abuse: $446,714

Corrections and Correctional Alternatives: $3,910,779

 

Seminole Nation of Oklahoma (total: $900,000)

Violence Against Women Tribal Governments Program: $900,000

 

Seneca Cayuga Nation (total: $825,000)

Violence Against Women Tribal Governments Program: $825,000

 

Wyandotte Nation (total: $200,189)

Public Safety and Community Policing: $200,189

 

In addition to CTAS grants, the Department awarded $889,975 to four Oklahoma tribes under the Adam Walsh Act Implementation grant program, part of the Office of Justice Program’s Office of Sex Offender Sentencing, Monitoring, Apprehending, Registering and Tracking.  These grant awards enable states, the District of Columbia, territories, and tribal jurisdictions to develop and enhance programs that implement the requirements of the federal Sex Offender Registration and Notification Act.  Funding supports staff, information-sharing technology, infrastructure development, law enforcement training, and stakeholder collaboration.

 

The Oklahoma recipients of Adam Walsh Act Implementation grants are:

 

Caddo Nation: $200,000

 

Cheyenne and Arapaho Tribes: $400,000

 

Seneca Cayuga Nation: $198,181

 

United Keetoowah Band of Cherokee Indians: $91,794

 

Finally, through the Office of Justice Programs, the University of Oklahoma Health Sciences Center will receive $1.5 million under the Office of Juvenile Justice and Delinquency Prevention’s Fiscal Year 2017 Tribal Youth Program Training and Technical Assistance grant.  This program provides culturally-sensitive, trauma-informed and developmentally-appropriate training, support, resources, information, and related technical assistance to help tribes meet the needs of their youth.

 

            The Department of Justice’s national press releases on these and related grants are available at:

• www.justice.gov/tribal/awards, www.justice.gov/ovw/page/file/1000416 /download
• www.justice.gov/opa/press-release/file/1000981/download.

MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that SAMUEL NOLAN DOTY, age 47, of Tahlequah, Oklahoma, was sentenced to 120 months imprisonment to run consecutive to a 7 year state prison sentence out of Cherokee County, Oklahoma for being a Felon in Possession of a Firearm, 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 April 17, 2014, and on or about August 24, 2016, in the Eastern District of Oklahoma, the defendant, 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 Cherokee County Sheriff’s Office, the United States Marshal’s Service, and the Federal Bureau of Investigation. U.S. Attorney Brian J. Kuester said, “I commend the hard work of the county and federal law enforcement agencies that worked together.  Without thorough investigations this agency would not have the ability to successfully prosecute cases.”

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 Edward Snow represented the United States.

The Department of Justice has awarded more than $18 million in grants to Oklahoma tribal governments to enhance public health and safety, announced Mark A. Yancey, U.S. Attorney for the Western District of Oklahoma; R. Trent Shores, U.S. Attorney for the Northern District of Oklahoma; and Brian J. Kuester, U.S. Attorney for the Eastern District of Oklahoma.

These grants are part of more than $100 million in grants to 125 American Indian tribes, Alaska Native villages, tribal consortia, and tribal designees, announced today by Associate Attorney General Rachel Brand.  Many of these awards were made through the Department’s Coordinated Tribal Assistance Solicitation (CTAS), a single application for tribal-specific grant programs. The Department developed CTAS through its Office of Community Oriented Policing Services, Office of Justice Programs and Office on Violence Against Women, and administered the first round of consolidated grants in September 2010.

CTAS grants are designed to enhance law enforcement practices, expand victim services, and sustain crime prevention and intervention efforts.  Awards cover nine areas: public safety and community policing, justice systems planning, alcohol and substance abuse, corrections and correctional alternatives, children’s justice act partnerships, services for victims of crime, violence against women, juvenile justice, and tribal youth programs.

“Reducing violent gang and gun crimes in Indian Country is crucial to protecting citizens who live in and around tribal communities.  The justice community must also look to help those with mental health and substance abuse issues to re-enter society as productive citizens.  These Federal grant allocations will help to further those goals,” said U.S. Attorney Shores of the Northern District of Oklahoma.  U.S. Attorney Kuester of the Eastern District of Oklahoma said, “I am pleased and excited about DOJ’s awards to the tribal governments in Oklahoma.  These grants will fund programs that will assist victims of crimes, reduce crime against women, and enhance the resources available for tribal governments to combat violent crime, increase public awareness, and provide prevention programs for youth.  The U.S. Attorney’s Office looks forward to assisting in any way possible as these programs are implemented.”  U.S. Attorney Yancey of the Western District of Oklahoma said, “I join my fellow United States Attorneys in welcoming the federal law enforcement assistance to our Oklahoma tribes.  I look forward to working with all tribes in the Western District to reduce crime and aid victims.”

The Oklahoma CTAS recipients are:

Cherokee Nation (total: $3,087,900)

Public Safety and Community Policing: $565,241
Comprehensive Tribal Justice Systems Strategic Planning: $74,995
Justice Systems and Alcohol and Substance Abuse: $749,993
Violence Against Women Tribal Governments Program: $898,100
Comprehensive Tribal Victim Assistance Program: $449,925
Tribal Youth Program: $349,646

Choctaw Nation of Oklahoma (total: $1,994,588)                  

Violence Against Women Tribal Governments Program: $897,851
Comprehensive Tribal Victim Assistance Program: $449,999
Juvenile Healing to Wellness Courts: $350,000
Tribal Youth Program: $296,738

Citizen Potawatomi Nation (total: $1,098,106)

Justice Systems and Alcohol and Substance Abuse: $749,593
Tribal Youth Program: $348,513

Comanche Nation (total: $749,348)

Justice Systems and Alcohol and Substance Abuse: $749,348

Delaware Tribe of Indians (total: $424,845)

Violence Against Women Tribal Governments Program: $424,845

Muscogee Creek Nation (total: $803,912)

Violence Against Women Tribal Governments Program: $803,912

Pawnee Nation (total: $700,000)

Violence Against Women Tribal Governments Program: $700,000

Ponca Tribe of Oklahoma (total: $1,800,000)    

Corrections and Correctional Alternatives: $1,000,000
Comprehensive Tribal Victim Assistance Program: $450,000
Tribal Youth Program: $350,000

Quapaw Tribe of Oklahoma (total: $4,590,422)

Public Safety and Community Policing: $232,929
Justice Systems and Alcohol and Substance Abuse: $446,714
Corrections and Correctional Alternatives: $3,910,779

Seminole Nation of Oklahoma (total: $900,000)

Violence Against Women Tribal Governments Program: $900,000

Seneca Cayuga Nation (total: $825,000)

Violence Against Women Tribal Governments Program: $825,000

Wyandotte Nation (total: $200,189)

Public Safety and Community Policing: $200,189

In addition to CTAS grants, the Department awarded $889,975 to four Oklahoma tribes under the Adam Walsh Act Implementation grant program, part of the Office of Justice Program’s Office of Sex Offender Sentencing, Monitoring, Apprehending, Registering and Tracking.  These grant awards enable states, the District of Columbia, territories, and tribal jurisdictions to develop and enhance programs that implement the requirements of the federal Sex Offender Registration and Notification Act.  Funding supports staff, information-sharing technology, infrastructure development, law enforcement training, and stakeholder collaboration.

The Oklahoma recipients of Adam Walsh Act Implementation grants are:

Caddo Nation: $200,000
Cheyenne and Arapaho Tribes: $400,000
Seneca Cayuga Nation: $198,181
United Keetoowah Band of Cherokee Indians: $91,794

Finally, through the Office of Justice Programs, the University of Oklahoma Health Sciences Center will receive $1.5 million under the Office of Juvenile Justice and Delinquency Prevention’s Fiscal Year 2017 Tribal Youth Program Training and Technical Assistance grant.  This program provides culturally-sensitive, trauma-informed and developmentally-appropriate training, support, resources, information, and related technical assistance to help tribes meet the needs of their youth.

The Department of Justice’s national press releases on these and related grants are available at https://www.justice.gov/opa/pr/justice-department-awards-more-130-million-improve-public-safety-address-violence-against.

MUSKOGEE, OKLAHOMA – United States Attorney Brian J. Kuester hosted approximately 150 law enforcement officers and agents from across Eastern Oklahoma today for the annual Anti-Terrorism Advisory Council meeting and training.  The audience, comprised of law enforcement from a wide range of state, local, tribal, and federal agencies, heard powerful presentations from the prosecution team who tried the Emanuel A.M.E. Church shooting in Charleston, South Carolina.

Officers and agents heard from the lead FBI agent, the lead victim services coordinator, and the lead prosecutor in the case of United States v. Dylan Roof.  The presentations covered law enforcement response, crime scene preservation and analysis, victim services and trial presentation of mass casualty events.

The Anti-Terrorism Advisory Councils, headed by the United States Attorney in each of 94 districts across the nation, are a bridge between state, local, tribal, and federal authorities and the FBI's Joint Terrorism Task Forces.  They are designed to provide a mechanism for information sharing between law enforcement agencies regarding both domestic and international terror threats.

U. S. Attorney Kuester said of the training, "This presentation was an excellent opportunity for investigators, prosecutors, and victim services specialists to learn from the experiences of others in our respective fields. It also allowed this diverse group of law enforcement officers from different jurisdictions and geographic regions to discuss issues common to all of us. This gathering and others like it are invaluable for education and unifying the law enforcement community around the common goal of serving and protecting our communities."

The meeting and training were held at the Martin Luther King Jr. Community Center in Muskogee, Oklahoma.

MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that TINA MARIE ZAHR, age 49, of Porterville, 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 February 23, 2017, in the Eastern District of Oklahoma, the defendant, 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.

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

The Honorable Ronald A. White, Chief 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 MIKEL DWAYNE MEEK, age 48, of Holdenville, Oklahoma, was sentenced to 3 years 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 November 22, 2016 in the Eastern District of Oklahoma, the Defendant, a United States Postal Service employee, did willfully, knowingly and unlawfully secrete, destroy, detain and 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 Service Office of Inspector General.

The Honorable Ronald A. White, 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 for the Eastern District of Oklahoma announced that LEANDA JOANNE PRATHER, age 37, of Canadian, Oklahoma, was sentenced to 3 years probation for EMBEZZLEMENT OF MAIL BY POSTAL EMPLOYEE, in violation of Title 18, United States Code, Section 1709.

The Indictment alleged that between on or about August 2, 2016, to on or about December 20, 2016, in the Eastern District of Oklahoma, the Defendant, a United States Postal Service employee, did willfully, knowingly and unlawfully embezzle packages entrusted to her and which came into her possession to be conveyed by mail, located at the Eufaula Post Office, 131 W. Foley, Eufaula, Oklahoma, while performing her assigned duties as an employee of the United States Postal Service.

The charge arose from an investigation by the United States Postal Service Office of Inspector General.

The Honorable Ronald A. White, 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 – BRIAN J. KUESTER has taken the oath of office to become the United States Attorney for the EASTERN DISTRICT OF OKLAHOMA.  Brian J. Kuester was nominated by President Donald Trump on July 19, 2017, and confirmed by the U.S. Senate on September 14, 2017.  He took the oath of office today from Chief United States District Judge for the Eastern District of Oklahoma, the Honorable Ronald A. White.

“The challenges faced by federal, state, and local law enforcement officials have never been tougher.  I am honored and excited to have the opportunity to work through these challenging times with the dedicated professionals in the United States Attorney’s Office as we work alongside the agencies in the Eastern District of Oklahoma that work to protect the public and uphold the United States Constitution,” Kuester said.

As U.S. Attorney, Brian J. Kuester is the top-ranking federal law enforcement official in the Eastern District of Oklahoma.  The district serves 26 counties from Adair to McCurtain County on the East and Wagoner to Love County on the West.  He oversees a staff of 35 employees, including 13 attorneys and 22 non-attorney support personnel.  The office is responsible for prosecuting federal crimes in the district, including crimes related to terrorism, public corruption, child exploitation, firearms, and narcotics.  The office also defends the United States in civil cases and collects debts owed to the United States.

Brian J. Kuester served as the District Attorney for Oklahoma’s 27th Prosecutorial District immediately preceding his appointment as United States Attorney.  He was elected in November 2010 and re-elected in 2014.  District 27 is comprised of Adair, Cherokee, Sequoyah, and Wagoner Counties and has a staff of 50.  Prior to becoming DA, Kuester worked as staff counsel for Allstate Insurance Company from 2008 to 2010.  From 2003 to 2008, Kuester was an Assistant District Attorney for the Tulsa County District Attorney.  While there, he prosecuted a broad variety of cases including murder, robbery, burglary, drug trafficking, and child abuse.  He also served as the Director of Crimes Against Children in 2007 and 2008.  From 2000 to 2003, he was an associate attorney for Robinett Osmond, a Tulsa civil litigation firm.  He received his law degree from the University of Tulsa College of Law in 2000.  He has been a member of the Oklahoma Bar Association since September 2000 and is admitted to practice in the Federal Districts for the Eastern and Northern Districts of Oklahoma.

Prior to attending law school, Kuester, a native of Missouri, was a police officer, serving the Fulton and Springfield, Missouri Police Departments for nearly seven years combined.  He received a B.S. in Criminal Justice Administration in 1990 from Central Missouri State University.  Kuester resides in Wagoner County with Laura, his wife of 22 years, and three children.

MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that BLAKE ALAN MILLER, age 34, of Muskogee, 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 March 7, 2017, within the Eastern District of Oklahoma, the defendant, BLAKE ALAN MILLER, did knowingly and intentionally possess 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.

The charge arose from an investigation by the Muskogee Police Department, the United States Marshals Service, and the Bureau of Alcohol, Tobacco, Firearms, and Explosives.

The Honorable Kimberly E. West, U.S. Magistrate Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, accepted the plea and ordered the completion of a presentence investigation report.

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

MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that CAROL LYNN BEEN, age 59, of Henryetta, Oklahoma, pled guilty to CREDIT UNION THEFT, EMBEZZLEMENT AND MISAPPLICATION, in violation of Title 18, United States Code, Section 657, punishable by not more than 30 years imprisonment, and up to a $1,000,000.00 fine or both.

The Indictment alleged that from in or about 2014, the exact date unknown to the Grand Jury, until on or about June 18, 2017, in the Eastern District of Oklahoma, defendant CAROL LYNN BEEN, being an officer, director, agent, or employee of, or connected in a capacity with, OSU-IT Federal Credit Union of Okmulgee, Oklahoma, a credit union whose deposits are insured by the National Credit Union Administration, with intent to injure and defraud the said OSU-IT Federal Credit Union of Okmulgee, 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 OSU-IT Federal Credit Union of Okmulgee, Oklahoma, in that the defendant withdrew cash from the vault of the credit union and misapplied, embezzled, abstracted and purloined the funds.

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

The Honorable Kimberly E. West, U.S. Magistrate Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, accepted the plea and ordered the completion of a presentence investigation report.

Acting United States Attorney Douglas A. Horn represented the United States.

MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that MATTHEW DYLAN ERNST, age 24, of Muskogee, 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 November 4, 2016, in the Eastern District of Oklahoma, the Defendant, MATTHEW DYLAN ERNST, did knowingly and intentionally distribute 50 grams or more of methamphetamine (actual), a Schedule II controlled substance.

The charge arose from an investigation by 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 Kristin Harrington 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, pled guilty to DESTRUCTION OF GOVERNMENT PROPERTY, in violation of Title 18, United States Code, Sections 1363 and 7(3), punishable by not more than 5 years imprisonment.               

The Indictment alleged that on or about the July 22, 2017, in the Eastern District of Oklahoma, the defendant, ROBERT MONROE WILSON III, at a place within the special maritime and territorial jurisdiction of the United States, namely the United States District Courthouse for the Eastern District of Oklahoma, willfully and maliciously did destroy and injure 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 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 Kristin Harrington represented the United States.

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; RACHEL MARIE WHITE, age 38, of El Reno, Oklahoma; HEIDI SANCHEZ, age 31, of Oklahoma City, Oklahoma; ANTONIA SANCHEZ age 52, of Oklahoma City, Oklahoma; and LASHEA DANNETTE HARRIS age 32, of Oklahoma City, Oklahoma, were each indicted for DRUG CONSPIRACY, in violation of Title 21, United States Code, Sections 846, 841(a)(1), 841(b)(1)(B) and 841(b)(1)(C), punishable by not less than 5 years, and not more than 40 years imprisonment (methamphetamine), and up to 20 years imprisonment (heroin), and up to a $5,000,000.00 fine or both.

The 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 defendants, KELLY RAY POTTER JR., RACHEL MARIE WHITE, HEIDI SANCHEZ, ANTONIA SANCHEZ, and LASHEA DANNETTE HARRIS, 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 846, as follows: to possess with intent to distribute and to distribute 50 grams or more of a mixture or substance containing a detectable amount of methamphetamine, a Schedule II controlled substance, and to possess with intent to distribute and to distribute a mixture or substance containing a detectable amount of heroin, a Schedule I 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 Oklahoma Bureau of Narcotics, the Oklahoma Highway Patrol, 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, presided over the arraignment of POTTER on August 22, 2017 and HEIDI SANCHEZ & ANTONIA SANCHEZ on August 21, 2017.

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 JOHN CARL BERRYHILL, age 53, of Okmulgee, Oklahoma, pled guilty to 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), punishable by a minimum of 10 years to 20 years imprisonment, and up to a $250,000.00 fine or both.

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.

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 STEVEN DON WALLIS, age 30, of Stilwell, Oklahoma, pled guilty to SEXUAL ABUSE OF A MINOR OR WARD IN INDIAN COUNTRY, in violation of Title 18, United States Code, Sections 1153 and 2243(a), punishable by up to 15 years imprisonment, and up to a $250,000.00 fine or both.

The Indictment alleged that from in or about January 2017 to on or about April 5, 2017, in Indian Country, within the special maritime and territorial jurisdiction of the United States, in the Eastern District of Oklahoma, the defendant, STEVEN DON WALLIS, an Indian, did knowingly engage in and attempt to engage in sexual acts with a female child who had attained the age of 12 years but had not attained the age of 16 years and who was at least four years younger than the defendant.

The charge arose from an investigation by the Adair County Sheriff’s Office, the Cherokee Nation Marshal Service, 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 Edward Snow represented the United States.

MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that MICHAEL KEITH BEALL, age 61, of McAlester, 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)(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 April 17, 2017, within the Eastern District of Oklahoma, the defendant, MICHAEL KEITH BEALL, 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 Pittsburg County Sheriff’s Office, the Oklahoma Bureau of Narcotics, and the Oklahoma Highway Patrol.

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 JIMMIE JOHN LIKOWSKI, age 48, of Hitchita, 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 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.

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 MICHAEL FERRARIE EUBANKS, age 58, of Atoka, Oklahoma, and HYDIE ROYLENE EUBANKS, age 59, of Atoka, Oklahoma were sentenced to 3 months imprisonment, and 3 years of supervised release respectively, for THEFT OF GOVERNMENT FUNDS, in violation of Title 18, United States Code, Sections 641 and 2; CONCEALMENT OF A MATERIAL FACT, in violation of Title 42, United States Code, Section 408(a)(4) and Title 18, United States Code, Section 2, and FALSE STATEMENT, in violation of Title 42, United States Code, Section 408(a)(2) and Title 18, United States Code, Section 2. They were also ordered to pay $67,633.00 to the Social Security Administration.

Evidence at trial proved that from in or about September 2010, and continuing through March 10, 2016, within the Eastern District of Oklahoma, defendants, MICHAEL FERRARIE EUBANKS and HYDIE ROYLENE EUBANKS, did knowingly and willfully embezzle, steal, and convert to their own use, money and things of value from the Social Security Administration (“SSA”), a department or agency of the United States, which money had been paid to the defendants as Social Security disability payments for the benefit of MICHAEL FERRARIE EUBANKS to which the defendants knew MICHAEL FERRARIE EUBANKS was not entitled, and having a value in excess of $1,000.00.

Evidence at trial further proved that from on or about September 2010, and continuing through March 10, 2016, in the Eastern District of Oklahoma, defendants MICHAEL FERRARIE EUBANKS and HYDIE ROYLENE EUBANKS, 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, defendants MICHAEL FERRARIE EUBANKS and HYDIE ROYLENE EUBANKS intentionally concealed that MICHAEL FERRARIE EUBANKS secured gainful employment in order to receive and continue to receive Disability Income payments made by the Social Security Administration to them. By such action, defendants MICHAEL FERRARIE EUBANKS and HYDIE ROYLENE EUBANKS took approximately $67,633.00 in Social Security Disability Income payments to which they were not entitled.

Evidence at trial further proved that on or about November 30, 2015, in the Eastern District of Oklahoma, defendants MICHAEL FERRARIE EUBANKS and HYDIE ROYLENE EUBANKS, did knowingly make or cause to be made any false statement or representation of a material fact to the Social Security Administration in any application for any payment or for a disability determination. Specifically, MICHAEL FERRARIE EUBANKS and HYDIE ROYLENE EUBANKS jointly completed a Continuing Disability Review Report wherein MICHAEL FERRARIE EUBANKS and HYDIE ROYLENE EUBANKS stated that MICHAEL FERRARIE EUBANKS had not worked since the date of MICHAEL FERRARIE EUBANKS last medical disability determination.

The verdict obtained was the result of an investigation by the Social Security Administration’s Office of Inspector General.

The Honorable Ronald A. White, District Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, presided over the hearing. The defendants will report to a federal facility at which the nonparoleable sentences will be served.

Assistant United States Attorney Melody Nelson and 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 AARON EMIL WEEDEN, age 37, of Wagoner, Oklahoma, was sentenced to 21 months imprisonment, and 3 years 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 November 13, 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 which had been shipped and transported in interstate commerce.

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

The Honorable Ronald A. White, 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 AMBER LUANA SMALL, age 25, of Sallisaw, Oklahoma, was sentenced to 70 months imprisonment, and 4 years of supervised release for POSSESSION WITH INTENT TO DISTRIBUTE METHAMPHETAMINE, in violation of Title 21, United States Code, Sections 841(a)(1) and 841(b)(1)(B), and Title 18, United States Code, Section 2.

The Indictment alleged that on or about August 30, 2016, 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 charge arose from an investigation by the District 27 Drug Task Force and the Drug Enforcement Administration.

The Honorable Ronald A. White, 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 JESSE KENT COX, age 35, of Coweta, Oklahoma, was sentenced to 14 months imprisonment, and 3 years of supervised release for WIRE FRAUD, in violation of Title 18, United States Code, Section 1343. He was also ordered to pay restitution in the amount of $52,250.00.

The Indictment alleged that from on or about January 1, 2016, and continuing until on or about March 28, 2016, the defendant, JESSE KENT COX, devised and intended to devise a scheme to defraud, and to obtain money and property by means of materially false and fraudulent pretenses, representations and promises.

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

The Honorable Ronald A. White, 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 STEPHEN LESTER GREER, age 57, of Broken Arrow, Oklahoma was arraigned and plead guilty to the charge in the indictment returned by the Grand Jury on August 16, 2017.

Defendant, STEPHEN LESTER GREER, was charged with TAMPERING WITH A WITNESS, VICTIM, OR INFORMANT, in violation of Title 18, United States Code, Section 1512.

This case is the result of an investigation by the Veterans Affairs – Office of Inspector General.

Acting United States Attorney Douglas A. Horn stated “Dr. Greer was a staff psychiatrist at the VA Hospital in Muskogee, Oklahoma. His job was to treat and protect our veterans who visited that facility for medical care. Instead, Dr. Greer violated his oath as a doctor by having inappropriate sexual contact with a female veteran that he was treating. When VA hospital administrators discovered the impropriety, Greer attempted to cover-up his actions by coaching the female veteran to lie to federal law enforcement officers. Special agents of the Veterans Affairs – Office of Inspector General conducted a thorough investigation and worked extensively and professionally with the victim to bring Dr. Greer to justice.”

The Honorable Kimberly E. West, Magistrate Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, presided over the hearing. The defendant was released on a $10,000.00 unsecured bond. 

The statutory range of punishment for Tampering with a Witness, Victim or Informant is up to 20 years imprisonment and a $250,000 fine.

Acting United States Attorney Douglas Horn 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 THOMAS CHARLES BARDRICK, age 20, of Fort Smith, Arkansas, pled guilty to INTERSTATE TRANSPORTATION OF STOLEN PROPERTY, in violation of Title 18, United States Code, Sections 2314 and 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 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 Sallisaw Police Department, the Sequoyah County Sheriff’s Office, and the Oklahoma State 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 Dean Burris represented the United States.

MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that STEVEN WILLIAM DELIA, age 62, of Tulsa, Oklahoma, was sentenced to imprisonment, time served, 3 years supervised release, and ordered to pay $83,769.27 in restitution to the Oklahoma Health Care Authority for HEALTH CARE FRAUD, in violation of Title 18, United States Code, Section 1347.

The defendant was found guilty of Health Care Fraud by a federal trial jury on September 29, 2016. The Indictment alleged that beginning on February 1, 2010 and continuing through November 9, 2010, within the Eastern District of Oklahoma and elsewhere the defendant, knowingly and willfully, with the intent to defraud, devised and executed a scheme to defraud the Oklahoma Medicaid program by causing the filing of false claims and receiving Medicaid payments for medical services not rendered by a qualified medical professional.

The Information further alleged that on or about the February 1, 2010 and continuing through November 9, 2010 in the Eastern District of Oklahoma, the defendant, knowingly and willfully executed and attempted to execute the above-described scheme and artifice to defraud money and property owned by and under the custody and control of the Oklahoma Health Care Authority, a health benefit program as defined in Title 18, United States Code, Section 24(b), in connection with the payment for health care benefits, items and services.

In preparation for deployment to Afghanistan with the U.S. Army Reserves, the defendant pre-signed approximately 9,000 blank prescriptions for his unsupervised physician's assistant and nursing staff to disseminate Schedule II narcotics during his absence from the Delia Medical Clinic in Sallisaw, Oklahoma. A percentage of those office visits and prescriptions were billed to Medicaid, causing the filing of false claims and receiving Medicaid payments for medical services not rendered by a qualified medical professional.

The charge arose from an investigation by the Defense Criminal Investigative Service and the Department of Health and Human Services - Office of Inspector General. The Honorable James H. Payne, District Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, presided over the sentencing. Assistant United States Attorney Melody Nelson represented the United States.

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

 

CAROL LYNN BEEN, age 59, of Henryetta, Oklahoma
Credit Union Theft, Embezzlement, And Misapplication

The Indictment alleges that from in or about 2014, the exact date unknown to the Grand Jury, until on or about June 18, 2017, in the Eastern District of Oklahoma, defendant CAROL LYNN BEEN, being an officer, director, agent, or employee of, or connected in a capacity with, OSU-IT Federal Credit Union of Okmulgee, Oklahoma, a credit union whose deposits are insured by the National Credit Union Administration, with intent to injure and defraud the said OSU-IT Federal Credit Union of Okmulgee, 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 OSU-IT Federal Credit Union of Okmulgee, Oklahoma, in that the defendant withdrew cash from the vault of the credit union and misapplied, embezzled, abstracted and purloined the funds, in violation of Title 18, United States Code, Section 657, punishable by no more than 30 years imprisonment, a fine up to $1,000,000.00 or both.

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

Acting United States Attorney Douglas A. Horn

 

ROBERT MONROE WILSON III, age 48, of Baxter Springs, Kansas
Destruction Of Government Property

The Indictment alleges that on or about the July 22, 2017, in the Eastern District of Oklahoma, the defendant, ROBERT MONROE WILSON III, at a place within the special maritime and territorial jurisdiction of the United States, namely the United States District Courthouse for the Eastern District of Oklahoma, willfully and maliciously did destroy and injure the gate and fence at the United States District Courthouse for the Eastern District of Oklahoma, in violation of Title 18, United States Code, Sections 1363 and 7(3), punishable by no more than 5 years imprisonment.

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

Assistant United States Attorney Kristin Harrington

 

BLAKE ALAN MILLER, age 34, of Muskogee, Oklahoma
Possession With Intent To Distribute Methamphetamine
Possession Of A Firearm In Furtherance Of A Drug Trafficking Crime
Felon In Possession Of A Firearm
Possession Of Unregistered Firearm (Sawed-Off Shotgun)

The Indictment alleges that on or about March 7, 2017, within the Eastern District of Oklahoma, the defendant, BLAKE ALAN MILLER, did knowingly and intentionally possess 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, in violation of Title 21, United States Code, Sections 841(a)(1) and 841(b)(1)(B), punishable by not less than 5 years imprisonment, a fine up to $5,000,000.00 or both.

The Indictment further alleges that on or about March 7, 2017, within the Eastern District of Oklahoma, the defendant, BLAKE ALAN MILLER, 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, that is, Possession with Intent to Distribute Methamphetamine as alleged in Count One, in violation of Title 18, United States Code, Section 924(c)(1)(A) and 924(c)(1)(B), punishable by not less than 5 years imprisonment, a fine up to $250,000.00 or both.

The Indictment further alleges that on or about March 7, 2017, within the Eastern District of Oklahoma, the defendant, BLAKE ALAN MILLER, 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, in violation of Title 18, United States Code, Sections 922(g)(1) and 924(a)(2), punishable by not more than 10 years imprisonment, a fine up to $250,000.00 or both.

The Indictment further alleges that on or about March 7, 2017, within the Eastern District of Oklahoma, the defendant, BLAKE ALAN MILLER, did knowingly possess a shotgun having a barrel less than 18 inches in length, which is a firearm, as defined in Title 26, United States Code, Section 5845, not registered to him in the National Firearms Registration and Transfer Record, in violation of Title 26, United States Code, Sections 5861(d), 5841, 5845(a) and 5871, 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 Muskogee Police Department, the United States Marshal’s Service, and the Bureau of Alcohol, Tobacco, Firearms and Explosives.

Assistant United States Attorney Dean Burris

 

DENISE TAYLOR, age 55, of Ardmore, Oklahoma
Embezzlement And Theft From Indian Tribal Organization

The Indictment alleges 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 moneys, funds and assets, 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, in violation of Title 18, United States Code, Section 1163, punishable by no more than 5 years imprisonment, a fine up to $250,000.00 or both.

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

Assistant United States Attorney Edward Snow

 

JOHN CARL BERRYHILL, age 53, of Okmulgee, Oklahoma
Possession Of Certain Material Involving Sexual Exploitation Of Minors
Attempted Distribution Of Certain Material Involving Sexual Exploitation Of Minors

The Superseding Indictment alleges that 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, in violation of Title 18, United States Code, Sections 2252(a)(4)(B) and 2252(b)(2), punishable by up to 10 years imprisonment, a fine up to $250,000.00 or both.

The Superseding Indictment further alleges that between on or about September 14, 2015, and on or about October 8, 2015, in the Eastern District of Oklahoma, the defendant, JOHN CARL BERRYHILL, did knowingly attempt to distribute, by a means or facility of interstate commerce, 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, in violation of Title 18, United States Code, Sections 2252(a)(2) and 2252(b)(1), punishable by not less than 5 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

MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that GRAHAM ALLEN HELMS, age 29, of Durant, Oklahoma, pled guilty to two counts of BANK ROBBERY, in violation of Title 18, United States Code, Section 2113(a), 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 July 24, 2017, in the Eastern District of Oklahoma, the defendant, by force, violence and intimidation did take from the person and presence of another, money belonging to and in the care, custody, control, management and possession of IBC Bank, located in Ardmore, Oklahoma, a bank whose deposits were then insured by the Federal Deposit Insurance Corporation.

The Indictment further alleged that on or about August 1, 2017, in the Eastern District of Oklahoma, the defendant, by force, violence and intimidation did take from the person and presence of another, money belonging to and in the care, custody, control, management and possession of Shamrock Bank, located in Coalgate, Oklahoma, a bank whose deposits were then insured by the Federal Deposit Insurance Corporation.

The charges arose from an investigation by the Ardmore Police Department, the Coal County Sherriff’s Office, and the Federal Bureau of Investigation.

The Honorable Kimberly E. West, U.S. Magistrate Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, accepted the plea and ordered the completion of a presentence investigation report.

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 BILLY HERSHELL SMITH II, age 48, of Tahlequah, Oklahoma, pled guilty to SEXUAL EXPLOITATION OF CHILDREN, in violation of Title 18, United States Code, Section 2251(a), punishable by up to 30 years imprisonment, and up to a $250,000.00 fine or both; and to 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), punishable by up to 10 years imprisonment, and up to a $250,000.00 fine or both.

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.

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 JOSHUA WADE CARTER, age 42, of Stilwell, 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 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.

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 SHAWN JUSTIN FISCHER, age 36, of Durant, Oklahoma, pled guilty to DELAY OR DESTRUCTION OF MAIL BY POSTAL EMPLOYEE, in violation of Title 18, United States Code, Section 1703, 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 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.

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 BOBBY LEE RUPPEL JR, age 34, of Del City, Oklahoma, was sentenced to 96 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 November 1, 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 which had been shipped and transported in interstate commerce.

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

The Honorable James H. Payne, 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 JASON NATHANIEL DAUGHERTY, age 31, of Broken Arrow, 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, 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.

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 Kristin Harrington represented the United States.

MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that JACOB RHETT HOLLAND, age 24, of Burneyville, Oklahoma, was sentenced to 24 months imprisonment, and 3 years of supervised release for POSSESSION OF UNREGISTERED FIREARM (DESTRUCTIVE DEVICE), in violation of Title 26, United States Code, Sections 5861(d), 5841 and 5871.

The Indictment alleged that on or about December 25, 2016, within the Eastern District of Oklahoma, the defendant, did knowingly possess a destructive device, which is a firearm, as defined in Title 26, United States Code, Section 5845, not registered to him in the National Firearms Registration and Transfer Record.

The charge arose from an investigation by the Love County Sherriff’s Office, the Oklahoma Highway Patrol, and the Bureau of Alcohol, Tobacco, Firearms, and Explosives.

The Honorable James H. Payne, 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 Dean Burris represented the United States.

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

 

DECKLYN STARR, age 54, of Fort Smith, Arkansas a/k/a IRA WOFFORD
Stalking (2 counts)
Interstate Communication Of Threat

The Indictment alleges that from in or about April 2017 and continuing through June 8, 2017, in the Eastern District of Oklahoma, and elsewhere, the defendant, DECKLYN STARR, a/k/a Ira Wofford, with the intent to kill, injure, harass and intimidate, used an electronic communication service, an electronic communication system of interstate commerce, and any other facility of interstate commerce, to engage in a course of conduct that placed S.E., a person known to the Grand Jury, in reasonable fear of death or serious bodily injury, and caused, and attempted to cause, and would be reasonably expected to cause, substantial emotional distress, in violation of Title 18, United States Code, Sections 2261A(2)(A), 2261A(2)(B) and 2261(b)(5), punishable by no more than 5 years imprisonment, a fine up to $250,000.00 or both for each count.

The Indictment further alleges that on or about June 8, 2017, in the Eastern District of Oklahoma and elsewhere, the defendant, DECKLYN STARR, a/k/a Ira Wofford, knowingly and willfully did transmit in interstate and foreign commerce from the State of New Mexico to the State of Oklahoma a communication via a telecommunications device, to a person known to the Grand Jury, and the communication contained a threat to injure a person known to the Grand Jury, in violation of Title 18, United States Code, Section 875(c), punishable by no more than 5 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.

 

JAMES MICHAEL WEST, age 64, of Tahlequah, Oklahoma
Concealment Of A Material Fact
False Statement

The Indictment alleges that 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, in violation of Title 42, United States Code, Section 408(a)(4), punishable by no more than 5 years imprisonment, a fine up to $250,000.00 or both. The Indictment further alleges that on or about May 3, 2016, in the Eastern District of Oklahoma defendant JAMES MICHAEL WEST, did knowingly make or caused to be made any false statement or representation of a material fact to the Social Security Administration in any application for any payment or for a disability determination, in violation of Title 42, United States Code, Section 408(a)(2), punishable by no more than 5 years imprisonment, a fine up to $250,000.00 or both.

The charges arose from an investigation by the United States Social Security Administrations’ Office of Inspector General.

Assistant United States Attorney Rob Wallace.

 

TYLER WAYNE JONES, age 24, of Vian, Oklahoma
THOMAS CHARLES BARDRICK, age 20, of Fort Smith, Arkansas
Interstate Transportation Of Stolen Property

The Indictment alleges that on or about April 15, 2015, in the Eastern District of Oklahoma, the defendants, TYLER WAYNE JONES and 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, in violation of Title 18, United States Code, Sections 2314 and 2, punishable by no more than 10 years imprisonment, a fine up to $250,000.00 or both.

The charge arose from an investigation by the Sallisaw Police Department, the Sequoyah County Sherriff’s Office, and the Oklahoma State Bureau of Investigation.

Assistant United States Attorney Dean Burris

MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that JEFFREY SCOTT HOFFMAN, age 47, of Park Hill, Oklahoma, was sentenced to 37 months imprisonment, and 3 years of supervised release for POSSESSION WITH INTENT TO DISTRIBUTE METHAMPHETAMINE, in violation of Title 21, United States Code, Sections 841(a)(1) and 841(b)(1)(C); and for POSSESSION OF UNREGISTERED FIREARM (SAWED-OFF SHOTGUN), in violation of Title 26, United States Code, Sections 5861(d), 5841, 5845(a) and 5871.

The Indictment alleged that on or about November 5, 2016, within the Eastern District of Oklahoma, the defendant, did knowingly and intentionally possess with intent to distribute a mixture or substance containing a detectable amount of methamphetamine, a Schedule II controlled substance.

The Indictment further alleged that on or about November 5, 2016, within the Eastern District of Oklahoma, the defendant, did knowingly possess a shotgun having a barrel less than 18 inches in length, which is a firearm, as defined in Title 26, United States Code, Section 5845, not registered to him in the National Firearms Registration and Transfer Record.

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

The Honorable Ronald A. White, 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 Dean Burris represented the United States.

MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that STEVE EARL PERRY JR, age 27, of Okmulgee, Oklahoma, was sentenced to 110 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), 924(a)(2) and 924(e).

The Indictment alleged that on or about November 14, 2016, 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 District 25 District Attorney’s Office and the Bureau of Alcohol, Tobacco, Firearms and Explosives.

The Honorable Ronald A. White, 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 Dean Burris represented the United States.

MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that CHAD ANTHONY COX, age 27, of Dallas, Texas, was sentenced to 117 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); and for POSSESSION OF A FIREARM IN FURTHERANCE OF A DRUG TRAFFICKING CRIME, in violation of Title 18, United States Code, Section 924(c)(1)(A).

The Indictment alleged that on or about October 6, 2016, 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 Indictment further alleged that on or about October 6, 2016, within the Eastern District of Oklahoma, the Defendant, 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 Chickasaw Nation Tribal Police, the Bureau of Indian Affairs, and the Drug Enforcement Administration.

The Honorable Ronald A. White, 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 Dean Burris represented the United States.

MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that BRANDON J. GRIMLAND, age 42, of Wagoner, Oklahoma, was sentenced to 190 months imprisonment, and 6 years of supervised release for POSSESSION WITH INTENT TO DISTRIBUTE METHAMPHETAMINE, in violation of Title 21, United States Code, Sections 841(a)(1) and 841(b)(1)(C).

The Indictment alleged that on or about October 15, 2016, within the Eastern District of Oklahoma, the defendant, did knowingly and intentionally possess with intent to distribute a mixture or substance containing a detectable amount of methamphetamine, a Schedule II controlled substance.

The charge arose from an investigation by the Oklahoma Highway Patrol and the Oklahoma Bureau of Narcotics.

The Honorable Ronald A. White, 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 Shannon Henson represented the United States.

MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that JAMES WESLEY JACOBS, age 38, of Gans, Oklahoma, was sentenced to 87 months imprisonment, and 3 years of supervised release for POSSESSION WITH INTENT TO DISTRIBUTE METHAMPHETAMINE, in violation of Title 21, United States Code, Sections 841(a)(1) and 841(b)(1)(B), and Title 18, United States Code, Section 2; and for FELON IN POSSESSION OF FIREARM, in violation of Title 18, United States Code, Sections 922(g)(1) and 924(a)(2), as to each count to run concurrently.

The Indictment alleged that on or about August 30, 2016, 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 August 30, 2016, 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, firearms which had been shipped and transported in interstate and foreign commerce.

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

The Honorable Ronald A. White, 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 RITA LOUISE FALL, age 37, of Bristow, Oklahoma, was sentenced to 2 years probation for THEFT OF MAIL BY POSTAL EMPLOYEE, in violation of Title 18, United States Code, Section 1709. Restitution in the amount of $6,500.00 was also ordered by the court.

The Indictment alleged that beginning on or about, August 19, 2016, and continuing through on or about August 29, 2016, within the Eastern District of Oklahoma, the Defendant, a United States Postal Service employee, did willfully, knowingly and intentionally steal and remove a package entrusted to her and which came into her possession to be conveyed by mail while performing her assigned duties as an employee of the United States Postal Service.

The charge arose from an investigation by the United States Postal Service Office of Inspector General.

The Honorable Ronald A. White, District Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, presided over the hearing.

Assistant United States Attorney Shannon Henson represented the United States.

MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that MYSTIQUE PATRICIA MOUCKA, age 36, of Cushing, Oklahoma, was sentenced to 46 months imprisonment, and 3 years of supervised release for POSSESSION WITH INTENT TO DISTRIBUTE METHAMPHETAMINE, in violation of Title 21, United States Code, Sections 841(a)(1) and 841(b)(1)(C).

The Information alleged that on or about December 6, 2014, in the Eastern District of Oklahoma, the defendant, did knowingly and intentionally possess with intent to distribute a mixture or substance containing a detectable amount of methamphetamine, a Schedule II controlled substance.

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

The Honorable James H. Payne, 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 THOMPSON CHRISTOPHER KYLE MANDRELL, age 30, of Okmulgee, Oklahoma, pled guilty to 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), punishable by up to 10 years imprisonment, and up to a $250,000.00 fine or both.

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.

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 JEFFREY LEE MORRIS, age 35, of McAlester, Oklahoma, was sentenced to 2 years probation, and to pay a $500.00 fine for OPERATING A MOTOR VEHICLE UNDER THE INFLUENCE OF ALCOHOL, in violation of Title 47, Section 11-902(A)(2) of the Oklahoma Statutes, and Title 18, United States Code, Sections 7(3) and 13.

The Information alleged that on or about October 8, 2016, within the Eastern District of Oklahoma, the defendant, JEFFREY LEE MORRIS, did drive and operate a black Jeep Laredo motor vehicle while under the influence of alcohol at or near the Main Gate on C-Tree Road of the McAlester Army Ammunition Plant, land acquired for the use of the United States and under the exclusive jurisdiction thereof.

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.

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 CODY LEE McCLENDON III, a/k/a Cody-Mac, age 36, of Tahlequah, Oklahoma was sentenced to 386 months imprisonment, followed by 5 years of supervised release for Conspiracy To Possess With Intent To Distribute And Distribute Five Hundred (500) Grams Or More Of Methamphetamine, in violation of Title 21, United States Code, Sections 846, 841(a)(1) and 841(b)(1)(A) and 96 months imprisonment, followed by 3 years supervised release for Assaulting an Officer of the United States in violation of Title 18, United States Code, Section 111(a)(1). Both sentences were ordered to run concurrently and a money judgement totaling $240,000.00 was also assessed.

MICHAEL DAVID LINCOLN, a/k/a Linc, age 40, of Tulsa, Oklahoma was sentenced to 330 months imprisonment, followed by 5 years of supervised release for Conspiracy To Possess With Intent To Distribute And Distribute Five Hundred (500) Grams Or More Of Methamphetamine, in violation of Title 21, United States Code, Sections 846, 841(a)(1) and 841(b)(1)(A). A money judgement totaling $240,000.00 was also assessed.

TIMOTHY BLAYN CROCKER, age 25, of Wilburton, Oklahoma, was sentenced to 37 months imprisonment, followed by 3 years supervised release for Conspiracy in violation of Title 18, United States Code, Section 371. A money judgement totaling $1,000.00 was also assessed.

Defendants, McClendon and Lincoln, were leaders within the McClendon Drug Trafficking Organization (DTO) primarily involved in the distribution of methamphetamine within the Eastern District of Oklahoma and elsewhere. McClendon, while serving a 20 year sentence for Robbery I, was incarcerated in the Oklahoma State Penitentiary (OSP), McAlester, Oklahoma, from September 26, 2008, until January 27, 2016. Lincoln, while serving a 30 year sentence for Manslaughter I, was incarcerated in the OSP, McAlester, Oklahoma, from October 10, 2006, until January 27, 2016. Beginning in or about the end of 2013 and continuing until on or about January 27, 2016, McClendon and Lincoln utilized cellular telephones illegally smuggled into the prison to coordinate the acquisition and distribution of at least 30 kilograms of methamphetamine within the Eastern District of Oklahoma and elsewhere. Crocker was employed as a corrections officer at OSP, during the month of December 2015, when law enforcement intercepted communications which led to identifying and arresting Crocker as a coconspirator in the McClendon DTO.

The Investigation revealed that McClendon and Lincoln, while inmates within OSP, used cellular phones they kept hidden on their person and inside their prison cells to facilitate the sale and distribution of methamphetamine. Both Defendants used these cellular phones to communicate with co-conspirators via audio phone calls, text messages, and by communicating on the social media website Facebook. Law enforcement obtained a court order to intercept these communications. During the court-ordered 30-day interception period, law enforcement seized approximately 3 kilograms of methamphetamine and identified multiple coconspirators as a direct result of monitoring the cell phone conversations between McClendon, Lincoln, and other coconspirators. An additional 3 kilograms of methamphetamine was seized independent of the intercepted communications.

McClendon and Lincoln are also members of the Indian Brotherhood (IBH), a Criminal Gang whose members are primarily of Native American descent and which operates within and outside the Oklahoma Department of Corrections. The IBH has a defined structure as set out in a written set of by-laws which provides expectations and commands which must be followed for every IBH member. The IBH consists of numerous individual Tribes who are each controlled by a War Chief. The War Chief, with certain limitations, makes command decisions concerning actions to be taken by his Tribe. The IBH utilizes this structure to coordinate the distribution of controlled substances, collections of monies owed for controlled substances, and the protection by force, if necessary, of other IBH members and their drug trafficking interests within and outside the Oklahoma Department of Corrections.

McClendon and Lincoln are IBH War Chiefs and utilized their membership and associations within the IBH to contact other IBH members and associates to assist in the distribution of methamphetamine and other associated drug trafficking activities. While incarcerated, McClendon and Lincoln were able to enlist the aid of Crocker, a corrections officer, to obtain and provide them with contraband items. Crocker was arrested after law enforcement witnessed McClendon DTO coconspirators provide Crocker with approximately ½ kilogram of marijuana for eventual distribution inside OSP. A search of Crocker’s residence led to the seizure of an additional ¾ kilograms of marijuana and approximately 10 ounces of methamphetamine packaged for eventual distribution inside OSP.

McClendon and Lincoln are quick to utilize violence and threats of violence to further the goals and longevity of the IBH. During the investigation of the McClendon DTO, and through information obtained during wiretap intercepts, law enforcement became aware of two instances wherein McClendon sent IBH associates and fellow coconspirators to intimidate and harm other IBH associates. On one occasion, McClendon believed that a codefendant had hidden drugs and money from him and sent associates to beat the codefendant if necessary to locate the drugs and money. On another occasion, McClendon sent other codefendants to assault another individual because McClendon suspected that the individual had robbed a fellow IBH associate.

Close in time to McClendon’s initial appearance in federal court, he attempted to send a written communication from the Muskogee County Jail. In the communication, or note, McClendon specifically identified two coconspirators he believed were cooperating with law enforcement. In McClendon’s words on the note, one of them “ratted us all out, told the Feds everything, they got us all”. The two suspected coconspirators’ in the note have an “X” over their names which signifies an intent to harm or kill them.

Both McClendon and Lincoln have engaged in violent activity while incarcerated in the Muskogee County Jail awaiting disposition in their federal case. McClendon has threatened jail staff and the United States Marshal Service on numerous occasions, destroyed jail property, and assaulted a Deputy United States Marshal. Officers have seized multiple “shanks” or home-made knives from McClendon and Lincoln while they were incarcerated in the Muskogee County Jail, and McClendon has stabbed a fellow inmate with a “shank”.

In previous hearings, 18 codefendants were sentenced for their roles in the McClendon DTO. AMBER CLAPHAN, a methamphetamine distributor and drug and money courier, received a 46 months sentence of imprisonment. DONALD TRAMMEL, a methamphetamine distributor who also maintained large amounts of currency and methamphetamine for the organization, received a 168 months sentence of imprisonment. SAMANTHA SMITH, a methamphetamine distributor and drug and money courier, received a 63 month sentence of imprisonment. TERESA CHAGOLLA, a methamphetamine distributor who also maintained a residence where methamphetamine and currency were kept, received a 70 month sentence of imprisonment. JACOB HORTON MASTERS JR, a methamphetamine distributor who also kept currency for the organization, received an 84 month sentence of imprisonment. NATHAN ROWDEN GREEN, a methamphetamine distributor and drug and money courier, received a 100 month sentence of imprisonment. DUSTY ALLEN DRYWATER, a methamphetamine distributor and drug courier, received a 168 month sentence of imprisonment. ASHLEY NOEL STEELE, a methamphetamine distributor and drug courier, received a 60 month sentence of imprisonment. JIMMY W. SEQUICHIE JR., an enforcer for the DTO, received a 120 month sentence of imprisonment. REGINA ANN BALLARD, a methamphetamine distributor and drug courier, received a 77 month sentence of imprisonment. MATILDA KAY BIRDTAIL, a methamphetamine distributor and drug courier, received a 41 month sentence of imprisonment. FREDERIC PETERSEN BECK JR., a methamphetamine distributor and drug courier, received a 108 month sentence of imprisonment. GARY WAYNE WILDER, a methamphetamine distributor and drug courier, received a 60 month sentence of imprisonment. BRENDA AILEEN AIRINGTON, a methamphetamine distributor who maintained a storage unit for concealing and storing methamphetamine, received a 46 month sentence of imprisonment. BRYAN STEVEN LAFAVOR, a methamphetamine distributor and drug courier, received a 30 month sentence of imprisonment. THERESA JO DAVIS maintained bank accounts for the concealment of drug proceeds and received a 5 year sentence of probation. LATISHA DAWN ARNOLD, a methamphetamine distributor and drug courier, received a 46 month sentence of imprisonment. SHEENA CHANDEL MEIKLE, a methamphetamine distributor and drug courier, received a 46 month sentence of imprisonment.

The charges arose from a joint investigation entitled “Home of the Brave” 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 Oklahoma Bureau of Narcotics, the McAlester Police Department, the Tahlequah Police Department, the Muskogee Police Department, the Cherokee County Sheriff’s Department, Districts 13, 18, 25 and 27 District Attorney’s Drug Task Forces and Violent Crime Task Forces, the Muskogee County District Attorney’s Office, the Seminole Nation Lighthorse Police Department, the Oklahoma Department of Corrections, the Bureau of Indian Affairs and the McAlester and Tulsa Offices of the Drug Enforcement Administration.

The Honorable Ronald A. White, District Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, presided over all sentencing hearings. Defendants McClendon and Lincoln will remain in the custody of the United States Marshal Service pending transportation to their designated place of incarceration at which they will serve their nonparolable sentences.

Acting United States Attorney Douglas A. Horn stated, “the positive impact this investigation and subsequent prosecution has had on the communities within the Eastern District of Oklahoma will be felt for some time. The combined effort of multiple state, local, and federal agencies ensured that drug traffickers, no matter where they are located or how difficult it may be to target their activities, will be brought to justice and held accountable for the physical and mental anguish they inflict on the lives and families of those who find themselves involved in the downward spiral of drug use and addiction.”

Assistant United States Attorney Shannon L. Henson represented the United States.

MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that MATILDA KAY BIRDTAIL, age 21, of Tahlequah, Oklahoma, was sentenced to 41 months imprisonment and 3 years of supervised release for DRUG CONSPIRACY, in violation of Title 21, United States Code, Sections 846, 841(a)(1), and 841(b)(1)(C).

The Information alleged that on or about December 13, 2015, in the Eastern District of Oklahoma, the defendant, did willfully and knowingly combine, conspire, confederate and agree with other persons known and unknown to Possess with Intent to Distribute and to Distribute a mixture or substance containing a detectable amount of Methamphetamine, a Schedule II Controlled Substance.

The charge arose from a joint investigation entitled “Home of the Brave”, 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 Oklahoma Bureau of Narcotics, the McAlester Police Department, the Tahlequah Police Department, the Muskogee Police Department, the Cherokee County Sheriff’s Department, Districts 13, 18, 25 and 27 District Attorney’s Drug Task Forces and Violent Crime Task Forces, the Muskogee County District Attorney’s Office, the Seminole Nation Lighthorse Police Department, the Oklahoma Department of Corrections, the Bureau of Indian Affairs and the McAlester and Tulsa Offices of the Drug Enforcement Administration.

The Honorable Ronald A. White, 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 Shannon Henson represented the United States.

MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that LATISHA DAWN ARNOLD, age 37, of Sapulpa, Oklahoma, was sentenced to 46 months imprisonment and 5 years of supervised release for DRUG CONSPIRACY, in violation of Title 21, United States Code, Sections 846, 841(a)(1) and 841(b)(1)(A).

The Second Superseding Indictment filed in July, 2016, alleged that beginning in or about the end of 2013 and continuing until on or about January 27, 2016, in the Eastern District of Oklahoma, the defendant, did willfully and knowingly combine, conspire, confederate and agree together, and with other persons known and unknown, to Possess with Intent to Distribute and to Distribute 500 grams or more of a mixture or substance containing a detectable amount of Methamphetamine, a Schedule II Controlled Substance.

The charge arose from a joint investigation entitled “Home of the Brave”, 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 Oklahoma Bureau of Narcotics, the McAlester Police Department, the Tahlequah Police Department, the Muskogee Police Department, the Cherokee County Sheriff’s Department, Districts 13, 18, 25 and 27 District Attorney’s Drug Task Forces and Violent Crime Task Forces, the Muskogee County District Attorney’s Office, the Seminole Nation Lighthorse Police Department, the Oklahoma Department of Corrections, the Bureau of Indian Affairs and the McAlester and Tulsa Offices of the Drug Enforcement Administration.

The Honorable Ronald A. White, 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 Shannon Henson represented the United States.

MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that BUDDY LYNN VISSER, age 56, of Okmulgee, Oklahoma, was sentenced to 72 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), 924(a)(2) and 924(e)(1); and for POSSESSION OF UNREGISTERED FIREARM (MACHINEGUN), in violation of Title 26, United States Code, Sections 5861(d), 5841 and 5871.

The Indictment alleged that on or about July 10, 2016, within the Eastern District of Oklahoma, VISSER, 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 Indictment further alleged that on or about August 17, 2016, within the Eastern District of Oklahoma, VISSER did knowingly possess a machinegun, to wit: One (1) Seekins Precision, Model SP15; .223 caliber rifle, which is a firearm, as defined in Title 26, United States Code, Section 5845, not registered to him in the National Firearms Registration and Transfer Record.

The charges arose from an investigation by the Bureau of Alcohol, Tobacco, Firearms, and Explosives.

The Honorable Ronald A. White, 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 Dean Burris represented the United States.

MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that JARED JAMES MOCK, age 36, of Ada, Oklahoma, was sentenced to 36 months imprisonment and 3 years of supervised release for POSSESSION OF UNREGISTERED FIREARM (SAWED-OFF SHOTGUN), in violation of Title 26, United States Code, Sections 5861(d), 5841, 5845(a) and 5871.

The Indictment alleged that on or about December 10, 2015, within the Eastern District of Oklahoma, the defendant, did knowingly possess a shotgun having a barrel less than 18 inches in length, which is a firearm, as defined in Title 26, United States Code, Section 5845, not registered to him in the National Firearms Registration and Transfer Record.

The charge arose from an investigation by the Ada Police Department, the District 22 Drug Task Force, and the Bureau of Alcohol, Tobacco, Firearms and Explosives.

The Honorable Ronald A. White, 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 Dean Burris represented the United States.

MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that SAMUEL NOLAN DOTY, age 47, of Tahlequah, Oklahoma, pled guilty to 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), punishable by 10 to 20 years imprisonment, and up to a $250,000.00 fine or both.

The Indictment alleged that between on or about April 17, 2014, and on or about August 24, 2016, in the Eastern District of Oklahoma, the defendant, 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 Cherokee County Sheriff’s Office, the United States Marshal’s Service, and the Federal Bureau of Investigation.

The Honorable Kimberly E. West, U.S. Magistrate Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, accepted the plea and ordered the completion of a presentence investigation report.

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 IVAN ALEXANDER WILLIAMSON, age 26, of Clayton, 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 no more than 10 years imprisonment, and up to a $250,000.00 fine or both.

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.

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 Dean Burris represented the United States.

MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that REGINA ANN BALLARD, age 38, of Stilwell, Oklahoma, was sentenced to 77 months imprisonment and 3 years of supervised release for DRUG CONSPIRACY, in violation of Title 21, United States Code, Sections 841(a)(1) and 841(b)(1)(C).

The Information alleged that on or about December 13, 2015, within the Eastern District of Oklahoma, the defendant, REGINA ANN BALLARD, a/k/a Regina Hummingbird, did knowingly and intentionally conspire, confederate and agree with others known and unknown to commit offenses against the United States in violation of Title 21, United States Code, Section 846, as follows: to possess with intent to distribute and to distribute a mixture or substance containing a detectable amount of methamphetamine, a Schedule II controlled substance.

The charge arose from a joint investigation entitled “Home of the Brave”, 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 Oklahoma Bureau of Narcotics, the McAlester Police Department, the Tahlequah Police Department, the Muskogee Police Department, the Cherokee County Sheriff’s Department, Districts 13, 18, 25 and 27 District Attorney’s Drug Task Forces and Violent Crime Task Forces, the Muskogee County District Attorney’s Office, the Seminole Nation Lighthorse Police Department, the Oklahoma Department of Corrections, the Bureau of Indian Affairs and the McAlester and Tulsa Offices of the Drug Enforcement Administration.

The Honorable Ronald A. White, 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 Shannon Henson represented the United States.