Eastern District of Oklahoma
Press releases recorded for this federal judicial district.
Lawsuit Recovers $10,000 in Damages to Eufaula Lake AreaRead the Press Release
Muskogee, Oklahoma - The United States Attorney’s Office for the Eastern District of Oklahoma and the Tulsa District United States Army Corps of Engineers announce the settlement of a civil lawsuit between the United States of America, acting on behalf of the U.S. Army Corps of Engineers, and a landowner of River Oaks Estates at Eufaula Lake in Pittsburg County, Oklahoma.
The lawsuit alleged that Jeromy Hudson, of Edmond, Oklahoma trespassed, destroyed trees and installed a building on government lakefront property adjoining his property at Eufaula Lake without authorization.
Pursuant to the settlement agreement, Hudson will pay $10,000.00 in damages. The Corps of Engineers reminds the public that any modification to vegetation or the terrain itself on government property without a proper permit issued by the Corps of Engineers is a violation of the law.
Although tree cutting is not permitted, the modification of vegetation may be permitted, by written permit issued by the United States Army Corps of Engineers on a case-by-case basis, in accordance with Eufaula Lake's Shoreline Management Plan and applicable regulations. Any person desiring such a permit should contact the United States Army Corps of Engineers Office at Eufaula Lake before altering government property.
Assistant United States Attorney Robert Gay Guthrie represented the United States.
Choctaw Nation Executive Director of Construction Administration Arraigned on Charges of Theft, Conspiracy to Commit Money Laundering and Tax FraudRead the Press Release
Muskogee, Oklahoma - The United States Attorney’s Office for the Eastern District of Oklahoma, announced that JASON BRETT MERIDA, age 41, of Rattan, Oklahoma was arraigned in federal court on March 6, 2014.
The defendant is charged with CONSPIRACY TO COMMIT THEFT OR BRIBERY OF PROGRAMS RECEIVING FEDERAL FUNDS, in violation of Title 18, United States Code, Section 371; THEFT BY AN EMPLOYEE OR OFFICER OF A TRIBAL GOVERNMENT RECEIVING FEDERAL FUNDS, in violation of Title 18, United States Code, Section 666(a)(1)(A) and 2; CONSPIRACY TO COMMIT MONEY LAUNDERING, in violation of Title 18, United States Code, Section 1957 and TAX FRAUD, in violation of Title 26, United States Code, Section 7206(1).
The charges are a result from an investigation by the Federal Bureau of Investigation and the Internal Revenue Service – Criminal Investigative Services.
The Honorable Steven P. Shreder, Magistrate Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, presided over the hearing. The defendant was released on a $10,000.00 unsecure bond.
The statutory range of punishment for Conspiracy is up to 5 years imprisonment and/or a $250,000 fine. Theft By An Employee Or Officer Of A Tribal Government Receiving Federal Funds and Conspiracy to Commit Money Laundering are both punishable by up to 10 years imprisonment and/or up to a $250,000 fine and Tax Fraud is punishable by up to 3 years imprisonment and/or up to a $250,000 fine.
First Assistant United States Attorney Douglas Horn and Assistant United States Attorney Chris Wilson represented the United States.
“The above 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.”
Three Davis Men Indicted by Federal Grand Jury with Conspiracy and Bank FraudRead the Press Release
Muskogee, Oklahoma - The United States Attorney’s Office for the Eastern District of Oklahoma, announced that VICTOR EARL GARRETT, age 57 and ROY LYNN WESBERRY, age 54, both of Davis, Oklahoma, were indicted by a federal grand jury with Conspiracy to Commit Bank Fraud, a violation of Title 18, United States Code, Section 1349 and Bank Fraud, a violation of Title 18, United States Code, Sections 1344 and 2. W.A. MOORE, JR., a/k/a Dub Moore, age 74, also of Davis, Oklahoma, was charged and pled guilty on February 24, 2014 to an Information charging him with one count of Bank Fraud in violation of Title 18, United States Code, Section 1344.
The charges arose from a joint investigation by the United States Department of Agriculture, Office of Inspector General, the Federal Deposit Insurance Corporation, Office of Inspector General and the Federal Bureau of Investigation.
On March 11, 2011, the First National Bank of Davis, in Davis, Oklahoma, was closed by the Office of the Comptroller of the Currency and the Federal Deposit Insurance Corporation (FDIC) was appointed as receiver. The bank was closed because the bank had a cash shortfall of approximately $465,000.00.
The charges of Conspiracy to Commit Bank Fraud and Bank Fraud are in punishable by up to 30 years imprisonment and/or up to a $1,000,000 fine.
The Honorable Steven P. Shreder, Magistrate Judge, in the United States District Court for the Eastern District of Oklahoma, accepted MOORE’s guilty plea of MOORE and ordered the completion of a presentence investigation report. Sentencing will be scheduled following its completion.
Assistant United States Attorney Melody Nelson and Tom Wright represent the United States.
“Defendants VICTOR EARL GARRETT and ROY LYNN WESBERRY 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. Each 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-paroleable”
Muskogee Jail Superintendent, Assistant Superintendent Convicted of Civil Rights Violations and Excessive Force, False StatementsRead the Press Release
WASHINGTON - Today, a federal jury in the U.S. District Court for the Eastern District of Oklahoma in Muskogee, Okla., convicted Raymond A. Barnes, 43, and Christopher A. Brown, 32, the former jail superintendent and assistant jail superintendent, respectively, of the Muskogee County Jail (MCJ) on multiple counts of civil rights offenses related to allegations of excessive force on inmates at MCJ on or between August 2009 and May 2011. Brown was also convicted of making material false statements to the FBI.
Both Barnes and Brown were found guilty of conspiring to violate the rights of inmates housed at MCJ by assaulting inmates themselves or by directing other jailers employed by MCJ to do so. Specifically, the defendants did or caused the following to be done: unjustifiably strike, assault, harm and physically punish inmates at MCJ who were restrained, compliant and not posing a physical threat; organize “meet and greets,” whereby jailers would scare, punish and harm incoming inmates from neighboring counties by throwing and slamming the handcuffed inmates to the ground upon their arrival at MCJ; threaten to fire MCJ employees if they reported abusive behavior directly to the sheriff or to outside law enforcement authorities; require and encourage MCJ jailers to write incident reports that falsely justified uses of force and contained misleading or inaccurate accounts of what had occurred when force was used; and perpetuate an environment within MCJ that allowed unlawful beatings and assaults against inmates to continue indefinitely and without consequence.
Both defendants were also convicted of violating the rights of an inmate identified as J.R. when MCJ jailers slammed and threw J.R. head-first to the ground while he was handcuffed. Barnes was additionally convicted of violating the rights of a second inmate, G.T., for similar conduct. Brown was acquitted of violating the rights of G.T.
In addition, Brown was convicted of one count of making material false statements to the FBI. Brown falsely claimed that, during meet and greets, the incoming inmate was ordered out of the transport vehicle and then “gently placed” on the ground. But in fact, Brown knew at the time of his statement to the FBI that during these meet and greets the MCJ jailers routinely threw and slammed inmates to the ground even though the inmates were restrained and posed no physical threat.
“Our Constitutional system of government requires this nation’s jailers to abide by the laws they enforce, and to protect the Constitutional rights of all persons in their custody,” said Acting Assistant Attorney General Jocelyn Samuels of the Civil Rights Division. “Today’s verdict demonstrates that the Department of Justice will vigorously prosecute anyone who abuses their official power to harm the people in their custody.”
The defendants face a statutory maximum penalty of 10 years for each of the civil rights convictions. Brown faces a statutory maximum penalty of five years for making material false statements to the FBI.
This case was investigated by the Muskogee Resident Agency of the Oklahoma City Division of the FBI and prosecuted by Trial Attorneys Fara Gold and Dana Mulhauser of the Civil Rights Division.
McAlester Man Pleads Guilty to Three Counts of Video VoyeurismRead the Press Release
Muskogee, Oklahoma - The United States Attorney’s Office for the Eastern District of Oklahoma, announced that KENNETH WAYDE ELKINS, age 55, of McAlester, Oklahoma, pled guilty to an Information charging him with three counts of Video Voyeurism, in violation of Title 18, United States Code, Section 1801.
The charges arose from an investigation by the McAlester Army Ammunition Plant Security and the Federal Bureau of Investigation.
The Information alleged that between July 1, 2013 and August 14, 2013, in the Eastern District of Oklahoma, in the special maritime and territorial jurisdiction of the United States, at the McAlester Army Ammunition Plant, the defendant, knowingly and intentionally captured images of the private areas of females without their consent while they were in an area in which they had a reasonable expectation of privacy, a restroom.
The Honorable Steven P. Shreder, Magistrate Judge in the United States District Court for the Eastern District of Oklahoma, accepted the defendant’s guilty plea, and ordered the completion of a presentence report. Sentencing will be scheduled upon its completion. The defendant remains on bond pending sentencing.
Assistant United States Attorney Dean Burris represented the United States.
Muskogee Man Pleads Guilty to Methamphetamine DistributionRead the Press Release
Muskogee, Oklahoma - The United States Attorney’s Office for the Eastern District of Oklahoma, announced that JOSHUA RAY HIGGINS, age 27, 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).
Charges arose from an investigation by the Muskogee Police Department and the Drug Enforcement Administration. The defendant was indicted in December, 2013.
The Indictment alleged that on or about November 15, 2013, 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 Honorable Kimberly E. West, Magistrate Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, accepted the guilty plea and ordered the completion of a presentence report. Sentencing will be scheduled following its completion. The defendant will remain in the custody of the United States Marshal Service pending sentencing.
The statutory range of punishment is not less than 5 and not more than 40 years imprisonment and/or up to a $5,000,000 fine.
Assistant United States Attorney Shannon Henson represented the United States.
Ardmore Woman Pleads Guilty to Theft of Government FundsRead the Press Release
Muskogee, Oklahoma - The United States Attorney’s Office for the Eastern District of Oklahoma, announced today that ALLISON FAITH BATTLES, age 29, of Ardmore, Oklahoma, pled guilty to Making A False Statement, in violation of Title 18, United States Code, Section 1001(a)(2) and Theft Of Government Funds, in violation of Title 18, United States Code, Section 641.
The charge arose from an investigation by the Social Security Administration, Office of Inspector General. The defendant was indicted in January, 2014.
The Indictment alleged that on or about February 16, 2012, in the Eastern District of Oklahoma, the Defendant did knowingly make and cause to be made a materially false, fictitious, and fraudulent statement and representation in a matter within the jurisdiction of the Social Security Administration, an agency of the United States.
It further alleged that from in or about July 2009 to in or about April 2012, in the Eastern District of Oklahoma, the Defendant did willfully and knowingly embezzle, steal and convert to her own use, money and things of value from the Oklahoma Department of Human Services, an agency receiving and administering funds on behalf of the United States, which had been paid to the defendant as food stamps and medical benefits to which the defendant knew she was not entitled and having a value in excess of $1,000.
The Honorable Kimberly E. West, Magistrate Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, accepted the guilty plea and ordered the completion of a presentence report. Sentencing will be scheduled following its completion.
The statutory range of punishment is not more than 10 years imprisonment and/or up to a $250,000.00 fine.
Assistant United States Attorney Chris Wilson represented the United States.
Muskogee Man Pleads Guilty to Possession of Material Involving Sexual Exploitation of MinorsRead the Press Release
Muskogee, Oklahoma - The United States Attorney’s Office for the Eastern District of Oklahoma, announced today that MARCUS WAYNE HALL, age 42, of Muskogee, 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).
Charges arose from an investigation by the Colorado Springs Police Department and the Federal Bureau of Investigation. The defendant was indicted in June, 2013.
The Indictment alleged that between in or about November 2011 and March 1, 2012, in the Eastern District of Oklahoma, the defendant, did knowingly possess and attempt to possess 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 Honorable Kimberly E. West, Magistrate Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, accepted the guilty plea and ordered the completion of a presentence report. Sentencing will be scheduled following its completion. The defendant will remain in the custody of the United States Marshal Service pending sentencing.
The statutory range of punishment is up to 10 years imprisonment and/or up to a $250,000 fine.
Assistant United States Attorney Edward Snow represented the United States.
Broken Arrow Woman Pleads Guilty to Embezzlement of Mail by Postal EmployeeRead the Press Release
Muskogee, Oklahoma - The United States Attorney’s Office for the Eastern District of Oklahoma, announced today that MEGAN LEE McMAHAN, age 37, of Broken Arrow, Oklahoma, pled guilty to Embezzlement Of Mail By Postal Employee, in violation of Title 18, United States Code, Section 1709.
Charges arose from an investigation by the United States Postal Service, Office of Inspector General. The defendant was indicted in November, 2013.
The Indictment alleged that on or about July 24, 2013, within the Eastern District of Oklahoma, the defendant, a United States Postal Service employee, did willfully, knowingly and unlawfully embezzle a package entrusted to her while performing her assigned duties as an employee of the United States Postal Service.
The Honorable Kimberly E. West, Magistrate Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, accepted the guilty plea and ordered the completion of a presentence report. Sentencing will be scheduled following its completion. The defendant will remain on bond pending sentencing.
The statutory range of punishment is up to 5 years imprisonment and/or up to a $250,000 fine.
Assistant United States Attorney Chris Wilson represented the United States.
Mannford Man Pleads Guilty to Theft or Bribery Concerning Programs Receiving Federal FundsRead the Press Release
Muskogee, Oklahoma - The United States Attorney’s Office for the Eastern District of Oklahoma, announced that ROBERT DEWAYNE GIFFORD, age 62, of Mannford, Oklahoma, pled guilty to an Information in federal court today. The defendant is charged with THEFT OR BRIBERY CONCERNING PROGRAMS RECEIVING FEDERAL FUNDS, in violation of Title 18, United States Code, Section §666(a)(1)(B) and MONEY LAUNDERING, in violation of Title 18, United States Code, Section 1957.
The Information alleges that from on or about January 2010 and continuing through September 2010, ROBERT DEWAYNE GIFFORD and others known and unknown to the government, did accept or agree to accept anything of value of $5,000 or more to persons authorized to act on the behalf of the Choctaw Nation of Oklahoma (CNO) intending to influence and reward an agent, employee and officer of the CNO in connection with a transaction and series of transactions of the CNO.
The Information further alleges that during the period of time from on or about April 9, 2010 to on or about May 5, 2010, in the Eastern District of Oklahoma and elsewhere, the defendant and others known and unknown to the government did engage and attempt to engage in a monetary transaction by, through or to a financial institution, affecting interstate or foreign commerce, in criminally derived property of a value greater than $10,000, such property having been derived from a specified unlawful activity.
The charges are a result of a joint investigation by the Federal Bureau of Investigation and the Internal Revenue Service Criminal Investigations Division.
The statutory range of punishment on each offense is ten years imprisonment and a fine of up to $250,000.00.
The Honorable Kimberly E. West, Magistrate Judge in the Eastern District of Oklahoma presided over the hearing. The defendant was released on bond pending sentencing.
First Assistant United States Attorney Doug Horn and Assistant United States Attorney Chris Wilson represented the United States.
Mesquite, TX Man Sentenced to 180 Months for Methamphetamine DistributionRead the Press Release
Muskogee, Oklahoma - The United States Attorney’s Office for the Eastern District of Oklahoma, announced that JASON DEWAYNE ESTEP, age 42, of Mesquite, Texas, was sentenced to 180 months imprisonment, followed by 5 years of supervised release for Drug Conspiracy, in violation of Title 21, United States Code, Sections 841(a)(1) and 841(b)(1)(A).
The charges are a result from an investigation by the Oklahoma Bureau of Narcotics, the McIntosh County Sheriff’s Office, District 25 District Attorney’s Drug Task Force, Eufaula Police Department, the Mesquite Police Department in Texas and the United States Marshal Service. The defendant was indicted in March, 2013 along with CLINTON McKENZIE BEVENUE, age 36, of Eufaula, Oklahoma.
The Indictment alleged that beginning in or around December 19, 2012, within the Eastern District of Oklahoma, the defendant did willfully and knowingly combine, conspire, confederate and agree 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, to wit: to knowingly and intentionally possess with intent to distribute and distribute 500 grams or more of a mixture or substance containing a detectable amount of methamphetamine, a Schedule II controlled substance.
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 the custody of the United States Marshal Service pending transportation to the designated federal prison at which he will serve his nonparolable sentence.
Assistant United States Attorney Shannon Henson represented the United States.
Garland, TX Man Pleads Guilty to Methamphetamine DistributionRead the Press Release
Muskogee, Oklahoma - The United States Attorney’s Office for the Eastern District of Oklahoma, announced that KENNETH TODD PUCKETT, age 40, of Garland, Texas, 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).
The charges are a result from an investigation by the Choctaw Nation Tribal Police and the Bureau of Indian Affairs and the Drug Enforcement Administration. The defendant was indicted in March, 2013.
The Information alleged that on or about September 4, 2013, 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 Honorable Steven P. Shreder, Magistrate Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, presided over the hearing. The defendant will remain in the custody of the United States Marshal Service pending sentencing.
The statutory range of punishment is not more than 20 years or more than life imprisonment, and/or up to a $1,000,000.00 fine and 3 years of supervised release.
Assistant United States Attorney Shannon Henson represented the United States.
Bunch Man Sentenced to 48 Months for Firearm PossessionRead the Press Release
Muskogee, Oklahoma - The United States Attorney’s Office for the Eastern District of Oklahoma, announced today that JEFFERY A. LOPEZ, age 30, of Bunch, Oklahoma, was sentenced to 48 months imprisonment, followed by 24 months of supervised release for being a Felon in Possession of a Firearm, in violation of Title 18, United States Code, Section 922(g)(1).
Charges arose from an investigation by the Oklahoma Highway Patrol and the Department of Homeland Security Investigations. The defendant was indicted in April, 2013 and pled guilty in September, 2013.
The Indictment alleged that on or December 11, 2012, within the Eastern District of Oklahoma, the defendant, JEFFERY A. LOPEZ, having been convicted of a crime punishable by imprisonment for a term exceeding one year, did knowingly possess in and affecting commerce, the following firearm, to-wit: one Winchester model 1897 pump shotgun, which had been shipped and transported in interstate commerce.
The Honorable Ronald A. White, District Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, presided over the sentencing hearing.
Assistant United States Attorney Kyle Waters represented the United States.
Four Individuals Indicted in January Federal Grand JuryRead the Press Release
Muskogee, Oklahoma - The United States Attorney’s Office announced today the results of the January 2014 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. Statutory maximum punishments are in parentheses. United States Sentencing Guidelines may be considered, upon conviction, by the sentencing court. Federal prison sentences are non-parolable.”
ALLISON FAITH BATTLES, age 29, of Krebs, OK
Making A False Statement
Theft Of Government FundsThe Indictment alleges that from on or about February 16, 2012, in the Eastern District of Oklahoma, the defendant, did knowingly make and cause to be made a materially false, fictitious, and fraudulent statement and representation in a matter within the jurisdiction of the Social Security Administration. It further alleges that from in or about January 2007 to in or about May 2012 and July 2009 to in or about April 2012, in the Eastern District of Oklahoma, the Defendant, did willfully and knowingly embezzle, steal and convert to her own use, money and things of value from the Social Security Administration and the Oklahoma Department of Human Services, an agency receiving and administering funds on behalf of the United States. The charge arose from an investigation by the Oklahoma Department of Human Services, Office of Inspector General and the Social Security Administration, Office of Inspector General.
The charges are in violation of Title 18, United States Code, Section 1001(a)(2), punishable by not more than 5 years imprisonment and/or up to a $250,000.00 fine; and Title 18, United States Code, Section 641, punishable by not more than 10 years imprisonment and/or up to a $250,000.00 fine.
Assistant United States Attorney Chris Wilson
TOMAS CAMARGO-CHAVEZ, a/k/a THOMAS CAMARGO, a/k/a THOMAS CAMARGO-CHAVEZ, a/k/a "SCARFACE", age 39, of Poteau, OK
Possession of a Controlled Substance with Intent to Distribute
Illegal Reentry of Previously Removed AlienThe Indictment alleges that on or about September 26, 2013, within the Eastern District of Oklahoma, the defendant 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 and was found in the United States after having been deported and removed from the United States at or near England Air Force Base at Rapides, Louisiana, on or about May 19, 2008, and not having obtained the express consent of the Attorney General of the United States or his successor, the Secretary of Homeland Security, to reapply for admission to the United States.
The charges arose from an investigation by the Oklahoma Bureau of Narcotics and Department of Homeland Security Investigations. The charges are 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/or up to a $1,000,000.00 fine and Title 8, United States Code, Sections 1326(a) and 1326(b), punishable by not more than 10 years imprisonment and/or up to a $250,000.00 fine.
Assistant United States Attorney Kyle Waters
FELIPE RANGEL-HERNANDEZ, a/k/a FELIPE HERNANDEZ, age 38, of Mexico
Illegal Alien in Possession of Firearms
Illegal Reentry of a Previously Deported AlienThe Indictment alleges that on or about December 19, 2013, within the Eastern District of Oklahoma, the defendant, then being an alien illegally and unlawfully in the United States, did knowingly possess in and affecting commerce, the following firearms, to-wit: one Mossberg Model 100 ATR, 30-06 caliber rifle and one Glenfield Model 60 .22 LR caliber rifle both of which had been shipped and transported in interstate commerce. The Indictment further alleges that on or about December 19, 2013, in the Eastern District of Oklahoma, the defendant an alien, was found in the United States after having been deported and removed from the United States at or near Del Rio, Texas, on or about January 20, 2011, and not having obtained the express consent of the Attorney General of the United States or his successor, the Secretary of Homeland Security, to reapply for admission to the United States. The charges arose from an investigation by the Department of Homeland Security Investigations.
The charges are in violation of Title 18, United States Code, Section 922(g)(5)(A), punishable by not more than 10 years imprisonment and/or up to a $250,000.00 fine and Title 8, United States Code, Section 1326(a), punishable by not more than 2 years imprisonment and/or up to a $250,000.00 fine.
Assistant United States Attorney Kyle Waters
DWAIN DOUGLAS McVEY, age 65, of Watts, OK
Possession Of Unregistered Firearm (Destructive Device)
Felon In Possession Of FirearmThe Indictment alleges that on or about August 30, 2013, within the Eastern District of Oklahoma, the defendant did knowingly possess a destructive device, more particularly described as a glass bottle containing black powder, screws and nails with a fuse attached, which is a firearm, as defined in Title 26, United States Code, Section 5845, that was not registered to him. It is further alleged that the defendant, having been convicted of a crime punishable by imprisonment for a term exceeding one year, did knowingly possess in and affecting commerce, several firearms which had been shipped and transported in interstate commerce.
The charges arose from an investigation by the Adair County Sheriff’s Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives. The charges are in violation of Title 26, United States Code, Sections 5861(d), 5841 and 5871 and Title 18, United States Code, Section 922(g)(1), both punishable by up to 10 years imprisonment, and/or a $250,000 fine.
Assistant United States Attorney Chris Wilson
Wilburton Woman Sentenced to 60 Months Probation and $20,940 Restitution for Making False StatementRead the Press Release
Muskogee, Oklahoma - The United States Attorney’s Office for the Eastern District of Oklahoma, announced today that HEATHER RAE HELTON, age 40, of Wilburton, Oklahoma, was sentenced to 5 years of probation and ordered to pay $20,940.00 in restitution for Making A False Statement, in violation of Title 18, United States Code, Section 1001(a)(2).
The charge arose from an investigation by the Social Security Administration, Office of Inspector General. The defendant was indicted in August, 2013 and pled guilty in September, 2013.
The Indictment alleged that on or about September 25, 2011, in the Eastern District of Oklahoma, the Defendant did knowingly make and cause to be made a materially false, fictitious, and fraudulent statement and representation in a matter within the jurisdiction of the Social Security Administration, an agency of the United States.
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.
First Assistant United States Attorney Doug Horn represented the United States.
Wagoner Man Sentenced to 24 Months for Failure to Register as Sex OffenderRead the Press Release
Muskogee, Oklahoma - The United States Attorney’s Office for the Eastern District of Oklahoma, announced today that GARY JAMES NEEL, age 40, of Wagoner, Oklahoma, was sentenced to 24 months imprisonment, followed by 5 years of supervised release for Failure to Register as a Sex Offender, in violation of Title 18, United States Code, Sections 2250(a)(1), 2250(a)(2)(B) and 2250(a)(3).
Charges arose from an investigation by and the Wagoner County Sheriff’s Department, the Denver and Aurora, Colorado Police Departments and the United States Marshal Services in Muskogee, Oklahoma and Denver, Colorado. The defendant was indicted in December, 2012 and was found guilty by a federal jury in March, 2013.
The evidence presented at trial proved that from in or about September 5, 2012 until on or about October 4, 2012, 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 New York, Saint Lawrence County, on or about June 26, 1998, for the felony offense of Attempted Sexual Abuse, First Degree, with a Child Less Than 11 Years Old, traveled in interstate commerce and knowingly failed to register and update his registration as required by the Sex Offender Registration and Notification Act.
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 of the United States Marshal Service pending transportation to the designated federal facility at which he will serve his nonparolable sentence.
Assistant United States Attorney Edward Snow represented the United States.
Stilwell Man Sentenced to 70 Months for Firearm PossessionRead the Press Release
Muskogee, Oklahoma - The United States Attorney’s Office for the Eastern District of Oklahoma, announced today that JEREMY EDWARD RAMIREZ, age 27, of Stilwell, Oklahoma, was sentenced to 70 months imprisonment, followed by 3 years of supervised release for Possession of an Unregistered Firearm, in violation of Title 26, United States Code, Sections 5861(d), 5845 and 5871.
Charges arose from an investigation by the Tahlequah Police Department, Cherokee County Sheriff’s Department, Cherokee Nation Marshal’s Service, Oklahoma Highway Patrol Bomb Squad, the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Federal Bureau of Investigation. The defendant was indicted in June, 2013 and pled guilty in July 2013.
The Indictment alleged that on or about April 19, 2013, in the Eastern District of Oklahoma, the defendant did knowingly possess an explosive and firearm, to-wit: One Ireco blasting cap wired to a cellular telephone, not registered to him in the National Firearms Registration and Transfer Record, which had been shipped and transported in interstate commerce.
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 the custody of the United States Marshal Service pending transportation to the designated federal facility at which he will serve his nonparolable sentence.
First Assistant United States Attorney Doug Horn represented the United States.
Eastern District of Oklahoma U.S. Attorney's Office Collects $1,174,439 in Civil and Criminal Actions for U.S. Taxpayers in Fiscal Year 2013Read the Press Release
Muskogee, Oklahoma - U.S. Attorney Mark Green announced today that the Eastern District of Oklahoma collected $1,174,439 in criminal and civil actions in Fiscal Year 2013. Of this amount, $380,400 was collected in criminal actions and $794,039 was collected in civil actions.
Additionally, the Eastern District of Oklahoma worked with other U.S. Attorney’s Offices and components of the Department of Justice to collect an additional $184,251,500 in cases pursued jointly with these offices.
Attorney General Eric Holder announced on Thursday that the Justice Department collected approximately $8 billion in civil and criminal actions in the fiscal year ending September 30, 2013. The more than $8 billion in collections in FY 2013 represents nearly three times the appropriated $2.76 billion budget for the 94 U.S. Attorney’s offices and the main litigating divisions in that same period.
“The department’s enforcement actions help to not only ensure justice is served, but also deliver a valuable return to the American people,” said Attorney General Holder. “It is critical that Congress provide the resources necessary to match the department’s mounting caseload. As these figures show, supporting our federal prosecutors is a sound investment.”
“Collection of monies due the United States of America in both criminal and civil matters is a responsibility of this U.S. Attorney’s office as well as those across our nation. We here in the Eastern District of Oklahoma are committed to fulfilling that responsibility,” said U.S. Attorney Mark Green.
The U.S. Attorneys’ Offices, along with the department’s litigating divisions, are responsible for enforcing and collecting civil and criminal debts owed to the U.S. and criminal debts owed to federal crime victims. The law requires defendants to pay restitution to victims of certain federal crimes who have suffered a physical injury or financial loss. While restitution is paid to the victim, criminal fines and felony assessments are paid to the department’s Crime Victims’ Fund, which distributes the funds to state victim compensation and victim assistance programs.
The largest civil collections were from affirmative civil enforcement cases, in which the United States recovered government money lost to fraud or other misconduct or collected fines imposed on individuals and/or corporations for violations of federal health, safety, civil rights or environmental laws. In addition, civil debts were collected on behalf of several federal agencies, including the U.S. Department of Housing and Urban Development, Health and Human Services, Internal Revenue Service, Small Business Administration and Department of Education.
Additionally, the U.S. Attorney’s office in the Eastern District of Oklahoma, working with partner agencies and divisions, collected $576,950 in asset forfeiture actions in FY 2013. Forfeited assets deposited into the Department of Justice Assets Forfeiture Fund are used to restore funds to crime victims and for a variety of law enforcement purposes.