Western District of Oklahoma
Press releases recorded for this federal judicial district.
Former Marlow Teacher Pleads Guilty to Sexual Battery of StudentRead the Press Release
OKLAHOMA CITY – WILLIAM JOSEPH DANIEL, 45, of Stephens County, pleaded guilty today to sexual battery of a student, announced Robert J. Troester, United States Attorney for the Western District of Oklahoma.
On June 8, 2022, a federal grand jury returned a two-count indictment against Daniel for offenses he allegedly committed while employed by Marlow Public Schools. These incidents occurred between February 1, 2022, and May 12, 2022. Count 1 alleged Daniel touched in a lewd and lascivious manner the body and private parts of a student who was at least 16 and less than 20 years old. Count 2 alleged Daniel digitally penetrated the private parts of the student.
Today, Daniel pleaded guilty to Count 1 before U.S. District Judge David L. Russell. At sentencing, Daniel will face up to 10 years’ imprisonment and a fine of $10,000, followed by up to three years of supervised release. As part of the plea agreement, the government has agreed to dismiss at sentencing Count 2 of the indictment. A sentencing date will be set by the court.
This case is a result of an investigation by the Federal Bureau of Investigation (Oklahoma City Division) and the Marlow Police Department. Assistant U.S. Attorney Tiffany Noble is prosecuting the case.
Elk City Doctor Pays $95,000 to Settle Civil Penalty Claims Stemming from Allegations of Recordkeeping Violations Relating to the Purchase of FentanylRead the Press Release
OKLAHOMA CITY – Brian Blick, M.D. ("Dr. Blick"), has paid $95,000 to settle civil penalty claims stemming from allegations that he violated the Comprehensive Drug Abuse Prevention and Control Act of 1970 and its regulations, announced United States Attorney Robert J. Troester.
The United States alleges that from March 18, 2020 to March 1, 2022, Dr. Blick ordered controlled substances that were delivered to the Western Oklahoma Pain Specialists clinic (the "Clinic") in Elk City, Oklahoma, but failed to maintain the proper records for some of the purchases. More specifically, Dr. Blick failed to maintain the DEA 222 order forms related to purchases of fentanyl, a Schedule II controlled substance, and failed to annotate on the DEA 222 order forms the quantities and dates fentanyl was delivered to the Clinic. To resolve these allegations, Dr. Blick agreed to pay $95,000 to the United States.
In reaching this settlement, Dr. Blick did not admit liability, and the government did not make any concessions about the legitimacy of the claims. The agreement allows the parties to avoid the delay, expense, inconvenience, and uncertainty involved in litigating the case.
This case was investigated by the Drug Enforcement Administration, Office of Diversion Control. Assistant U.S. Attorneys Ronald R. Gallegos and Amanda R. Johnson prosecuted the case.
United States Attorneys’ Joint Statement Regarding United States Supreme Court Decision in Oklahoma v. Castro-HuertaRead the Press Release
This morning, the United States Supreme Court issued its decision in Oklahoma v. Castro-Huerta. This decision holds that the State of Oklahoma has concurrent jurisdiction with the federal government to prosecute non-Indians who commit crimes against Indian victims within Indian Country.
"Today’s decision does not diminish the United States’ trust responsibility to our tribal partners," said United States Attorneys Christopher J. Wilson, Clinton J. Johnson, and Robert J. Troester. "The United States Attorney’s Offices in the Eastern, Northern, and Western Districts of Oklahoma will continue to enforce federal law in Indian Country. We will also continue to coordinate and cooperate with our state, local, and tribal law enforcement partners as well as state and tribal prosecutors to promote public safety and provide justice to all Oklahomans in Indian Country."
Three Defendants Indicted in Massive Software Piracy SchemeRead the Press Release
OKLAHOMA CITY – Today, a court in the Western District of Oklahoma unsealed an indictment charging three individuals with violating federal wire fraud and money laundering statutes in connection with an operation to sell over $88 million of stolen Avaya Direct International (ADI) software licenses, which were used to unlock features of a popular telephone system used by thousands of companies around the globe.
The grand jury charged the following defendants with conspiracy to commit wire fraud and 13 counts of wire fraud: Raymond Bradley Pearce aka Brad Pearce, 46, of Tuttle, Oklahoma; Dusti O. Pearce, 44, of Tuttle, Oklahoma; and Jason M. Hines aka Joe Brown, aka Chad Johnson, aka Justin Albaum, 42, of Caldwell, New Jersey. In addition, the grand jury charged both Brad Pearce and Dusti Pearce with one count of conspiracy to commit money laundering and money laundering.
According to the indictment, Avaya Holdings Corporation, a multinational business communications company headquartered in California, sold a product called IP Office, a telephone system used by many midsize and small businesses in the United States and abroad. To enable additional functionality of IP Office such as voicemail or more telephones, customers had to purchase software licenses – which Avaya generated – from an authorized Avaya distributor or reseller. Avaya used software license keys to control access to Avaya’s copyright-protected software and to ensure that only customers who paid for the software could use it. In addition, Avaya required that each software license on an IP Office system be associated with the system’s Avaya Secure Digital (SD) card – a small flash memory card with a unique serial number that plugged into the IP Office manager computer – which the end user had to keep in its possession in order to use the licenses.
According to the indictment, Brad Pearce, a long-time customer service employee at Avaya, allegedly used his system administrator privileges to generate tens of millions of dollars of ADI software license keys that he sold to Hines and other customers, who in turn sold them to resellers and end users around the globe. The retail value of each Avaya software license ranged from under $100 to thousands of dollars.
As set forth in the indictment, Brad Pearce also allegedly employed his system administrator privileges to hijack the accounts of former Avaya employees to generate additional ADI software license keys. Furthermore, he allegedly used these privileges to alter information about the accounts to conceal the fact that he was generating ADI license keys, preventing Avaya from discovering the fraud scheme for many years. Brad Pearce’s wife, Dusti Pearce, is alleged to have handled accounting and helped run the financial side of the illegal business. Hines operated Direct Business Services International (DBSI), a de-authorized Avaya reseller, in New Jersey. He allegedly bought software licenses from the Pearces under his own name and also using an alias, Joe Brown. Hines was the Pearces’ largest customer and significantly influenced how the scheme operated. Hines also received help from Brad Pearce to resell the stolen software licenses. Hines was allegedly one of the biggest users of the ADI license system in the world.
According to the indictment, the Pearces and Hines’ operation not only prevented Avaya from making any money on its stolen intellectual property but also undercut the global market in Avaya ADI software licenses because the Pearces and Hines were selling licenses for significantly below the wholesale price. In fact, Brad Pearce allegedly told Hines that the Pearces’ customers could not obtain same-day ADI software licenses from anyone else for anything even close to the Pearces’ prices, and Hines suggested that he and Brad Pearce work together to “corner” the market in licenses. Altogether, the Pearces and Hines allegedly reaped millions of dollars from the fraud. Moreover, to hide the nature and source of the money, the Pearces allegedly funneled their illegal gains through a PayPal account created under a false name to multiple bank accounts, and then transferred the money to numerous other investment and bank accounts. They also allegedly purchased large quantities of gold bullion and other valuable items. The indictment lists numerous assets subject to forfeiture including cash, gold, silver, collectible coins, cryptocurrency, and real property.
U.S. Attorney Robert J. Troester of the Western District of Oklahoma, Special Agent in Charge Edward J. Gray of the FBI’s Oklahoma City Field Office, and Assistant Attorney General Kenneth A. Polite, Jr. of the Justice Department’s Criminal Division made the announcement.
The charges and allegations contained in the indictment are merely accusations. The defendants are presumed innocent until and unless proven guilty.
The FBI conducted the investigation. Assistant U.S. Attorneys Julia E. Barry and William Farrior of the Western District of Oklahoma and Senior Counsel Matthew A. Lamberti of the Criminal Division’s Computer Crime and Intellectual Property Section are prosecuting the case.
Verden Man Pleads Guilty to Federal Firearm and Ammunition Charges Following Domestic Violence Incident Involving Discharge of ShotgunRead the Press Release
OKLAHOMA CITY – Last week, STEPHEN LEE MARTIN, 31, of Verden, Oklahoma, entered a plea of guilty on federal charges of being a felon illegally in possession of a firearm and ammunition, announced U.S. Attorney Robert J. Troester.
According to an affidavit filed in support of the criminal complaint, Verden Police Department (VPD) officers responded to a domestic call at Martin’s residence on March 20, 2022, but he was not there. The affidavit further indicates that, several hours later, VPD encountered Martin and observed blood on his shorts and observed injuries on the face and neck of a female who was present during the encounter. According to the affidavit, earlier that day, Martin had discharged a shotgun near the victim’s head and had forced her into his truck with the use of the shotgun. Martin then held the victim in the truck against her will before he eventually attempted to hide the shotgun and ammunition in a ditch, where law enforcement later found them.
Federal law prohibits convicted felons from possessing firearms or ammunition. Public records indicate that Martin had prior felony convictions for Aggravated Attempt to Elude a Police Officer, Malicious Injury and Destruction of Property, and Possession of a Controlled Dangerous Substance in Oklahoma County District Court in November, 2013.
On June 8, 2022, a federal grand jury returned a three-count indictment against Martin. Count 1 charged him with being a felon in illegal possession of a firearm, Count 2 charged him with kidnapping, and Count 3 charged him being a felon in possession of ammunition. Last week, Martin entered pleas of guilty to Counts 1 and 3 of the indictment. Sentencing will take place in approximately 90 days. At sentencing, Martin faces on each count a maximum penalty of 10 years of imprisonment, three years of supervised release, and a $250,000 fine. Martin has been in federal custody since April 11, 2022.
This case is the result of investigations by the Verden Police Department and the Bureau of Alcohol, Tobacco, Firearms, and Explosives, with assistance from District Attorney Jason M. Hicks of the Sixth Prosecutorial District. Special Assistant United States Attorney Stephanie Powers is prosecuting the case.
This case is part of "Operation 922," the Western District of Oklahoma’s implementation of the Department of Justice’s Project Safe Neighborhoods initiative to reduce gun violence and enforce federal firearms laws. "Operation 922" is the local implementation of the PSN initiative in the Western District of Oklahoma. Specifically, "Operation 922" focuses on domestic violence abusers who are found in possession of firearms or ammunition.
Reference is made to public filings for more information.
Cell Phone Threats to Kill His Family with an Ar-15 Results in a 16-Month Prison Sentence for Former Cushing ManRead the Press Release
OKLAHOMA CITY – Today, BARRY CHRISTOPHER HUTTON, 51, formerly of Cushing, Oklahoma, was sentenced to serve 16 months in federal prison for illegal interstate transmission of threatening communications, announced United States Attorney Robert J. Troester.
Public records reflect that, on June 14, 2021, Hutton made multiple calls from out of state by cell phone to his estranged wife, her employer, her daughter, and the Cushing Police Department threatening to get an AR-15 and kill her, her family, and himself. Hutton sent a screenshot of a flight itinerary showing a flight landing in Tulsa that day. Hutton was arrested on June 24, 2021, in Idaho.
On July 6, 2021, a federal grand jury returned a two-count Indictment that alleged Hutton violated federal law with the interstate transmission of threatening communications and interstate stalking. Federal law prohibits a person from transmitting in interstate commerce a threat to injure another person as well as to travel in interstate commerce with the intent to kill, injure, harass, and intimidate another person. On January 27, 2022, Hutton plead guilty to count one of the Indictment.
On June 9, 2022, U.S. District Judge Patrick R. Wyrick sentenced Hutton to serve 16 months in federal prison, followed by three years of supervised release when his prison term ends. In support of this sentence, Judge Wyrick cited the seriousness of making threats to get an AR-15 and kill people and the dangerousness of domestic violence. Hutton has remained in custody since his arrest on June 24, 2021.
This case is the result of investigations by the Federal Bureau of Investigation and the Cushing Police Department. Assistant U.S. Attorney Jacquelyn M. Hutzell prosecuted the case.
This case is part of "Operation 922," the Western District of Oklahoma’s local implementation of the national Project Safe Neighborhoods initiatives to reduce gun violence and enforce federal firearms laws. "Operation 922" prioritizes prosecution of federal gun crimes connected to domestic violence.
Reference is made to public filings for more information.
Edmond Man Sentenced to More Than 12 Years in Federal Prison for Firearms OffensesRead the Press Release
OKLAHOMA CITY – Last Thursday, DEVIN DEWAYNE BENNETT, 31, of Edmond, was sentenced to serve 150 months in federal prison for being a felon in possession of a firearm and ammunition, announced U.S. Attorney Robert J. Troester.
On July 22, 2021, a federal grand jury returned a three-count Indictment against Bennett. Count 1 charged Bennett possessing a firearm. Counts 2 and 3 charged Bennett with possessing ammunition on two separate occasions. On September 21, 2021, Bennett pleaded guilty to the Indictment. Federal law prohibits convicted felons from possessing firearms or ammunition.
On May 20, 2021, officers with the Oklahoma City Police Department responded to a reported shooting at an apartment complex in Oklahoma City. Officers arrived and learned during their investigation that Bennett was involved. Officers then arrested Bennett that day after they located him nearby in possession of a firearm and ammunition. The investigation later determined that the firearm and ammunition found in Bennett’s possession were involved in the shooting.
Public records reflect that Bennett was prohibited from possessing firearms due to his lengthy criminal history. These convictions include: Oklahoma County case CF-2013-6234 – Burglary in the first-degree and felon in possession of firearm; Oklahoma County case CF-2014-6304 – attempted first degree burglary; Oklahoma County case CF-2015-1592 – felon in possession of firearm; Oklahoma County case CF-2018-3777 – domestic assault and battery with dangerous weapon; Oklahoma County case CF-2018-4083 – second-degree robbery and domestic assault and battery; and Oklahoma County case CF-2018-5214 – aggravated eluding a police officer.
At the sentencing hearing, U.S. District Court Judge Patrick Wyrick sentenced Bennett to serve 150 months in federal prison. In support of his sentence, Judge Wyrick cited, among other reasons, the serious nature of the offense and Bennett’s lengthy criminal history. Judge Wyrick also ordered Bennett to serve three years of supervised release. Bennett has been in federal custody since July 23, 2021.
This case was the result of an investigation by the Bureau of Alcohol, Tobacco, Firearms, and Explosives and the Oklahoma City Police Department. Assistant U.S. Attorneys Ashley Altshuler and David Nichols, Jr. prosecuted the case.
Federal Transfer Center Inmate Indicted for Possession of Suboxone with Intent to DistributeRead the Press Release
OKLAHOMA CITY – OSHAY JONES, 30, of Virginia, was indicted earlier this week by a federal grand jury in Oklahoma City with possession of buprenorphine (Suboxone) with intent to distribute, while an inmate in the custody of the Federal Bureau of Prisons, announced U.S. Attorney Robert J. Troester of the Western District of Oklahoma.
On May 17, 2022, a federal grand jury in the Western District of Oklahoma returned a two-count indictment against Jones. The indictment alleges that on April 14, 2022, Jones, an inmate at the Federal Transfer Center in Oklahoma City, knowingly possessed buprenorphine (Suboxone) with the intent to distribute. Count 1 charges Jones with possession of a prohibited object (Suboxone), and Count 2 charges Jones with possessing buprenorphine (Suboxone) with intent to distribute.
If convicted on Count 1, Jones faces up to five years in prison and three years of supervised release. If convicted on Count 2, Jones faces up to ten years in prison and three years of supervised release.
The case is being investigated by the Federal Bureau of Investigation’s Oklahoma City Field Office and the Federal Bureau of Prisons. Assistant U.S. Attorney Ashley Altshuler is prosecuting the case.
The public is reminded that these charges are merely allegations and that the defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt. Reference is made to public records for more information.
Oklahoma City Hospital Pays over $1.1 Million to Settle Allegations of Submitting False Claims to MedicareRead the Press Release
OKLAHOMA CITY – Oklahoma Heart Hospital South, LLC ("OHHS"), has paid $1,151,770.50 to settle civil claims stemming from allegations it violated the False Claims Act by submitting false claims to Medicare, announced United States Attorney Robert J. Troester.
OHHS is an Oklahoma limited liability company that owns and operates the Oklahoma Heart Hospital South, which is an acute care hospital located in Oklahoma City. Following an internal review and audit, OHHS discovered irregularities regarding its billing of certain services, and proactively contacted the United States to self-disclose the issues. Thereafter, the United States investigated the disclosures and issues raised by OHHS. Throughout the investigation, and to its credit, OHHS cooperated with the United States Attorney’s Office and the U.S. Department of Health and Human Services Office of Inspector General in the investigation.
The voluntary disclosure and investigation revealed that from June 1, 2013, through May 31, 2019, OHHS submitted claims to Medicare for Intensive Cardiac Rehabilitation ("ICR") services provided to Medicare beneficiaries. Before billing Medicare for these services, OHHS was required to have a physician complete and sign an individualized treatment plan ("ITP") for the patient. If the patient was going to receive ICR for longer than 30 days, a physician must complete and sign updates to the ITP every 30 days thereafter. The United States alleges that claims for ICR services submitted by OHHS to Medicare for payment violated the False Claims Act because a physician did not complete and/or sign ITPs and/or ITP updates for certain Medicare beneficiaries.
To resolve the claims, OHHS agreed to pay $1,151,770.50 to the United States. In reaching this settlement, OHHS did not admit liability, and the government did not make any concessions about the legitimacy of the claims. The agreement allows the parties to avoid the delay, expense, inconvenience, and uncertainty involved in litigating the case.
This case was investigated by U.S. Department of Health and Human Services, Office of Inspector General. Assistant U.S. Attorneys Ronald R. Gallegos and Scott Maule prosecuted the case.
United States Attorney General Merrick Garland and United States Attorney Robert J. Troester Recognize Police WeekRead the Press Release
OKLAHOMA CITY — In honor of National Police Week, United States Attorney General Merrick Garland and United States Attorney Robert J. Troester recognize the service and sacrifice of federal, state, local, and tribal law enforcement. This year, the week is observed Wednesday, May 11 through Tuesday, May 17, 2022.
"This week, we gather to pay tribute to the law enforcement officers who sacrificed their lives in service to our country," said Attorney General Garland. "We remember the courage with which they worked and lived. And we recommit ourselves to the mission to which they dedicated their lives. On behalf of a grateful Justice Department and a grateful nation, I extend my sincerest thanks and gratitude to the entire law enforcement community."
"Every day, members of law enforcement serve in perilous conditions to maintain the Rule of Law," stated U.S. Attorney Troester. "They do so selflessly to uphold an oath they took to help maintain social order in our community. It is with great honor and pride that we all recognize this week—and every week—the men and women who comprise our law enforcement family, particularly those who have made the ultimate sacrifice."
In 1962, President Kennedy issued the first proclamation for Peace Officers Memorial Day and National Police Week to remember and honor law enforcement officers for their service and sacrifices. Peace Officers Memorial Day, which every year falls on May 15, specifically honors law enforcement officers killed or disabled in the line of duty. Based on data submitted to and analyzed by the National Law Enforcement Officer Memorial Fund (NLEOMF), 472 law enforcement officers died nationwide in the line of duty in 2021. Of that number, 319 succumbed to COVID-19. The Memorial also includes an additional 147 names of law enforcement officers who lost their lives in the line of duty in previous years.
Additionally, according to 2021 statistics reported by the Federal Bureau of Investigation (FBI) through the Law Enforcement Officer Killed and Assaulted (LEOKA) Program, 73 law enforcement officers who died in the line of duty in 2021 were killed as a result of felonious acts, whereas 56 died in accidents. Deaths resulting from felonious acts increased in 2021, rising more than 58 percent from the previous year. In 2021, unprovoked attacks were the cause of 24 deaths significantly outpacing all other line of duty deaths resulting from felony acts and reaching the highest annual total in over 30 years of reporting. Additional LEOKA statistics can be found on FBI’s Crime Data Explorer website for the LEOKA program.
The names of the 619 fallen officers added this year to the wall at the National Law Enforcement Officer Memorial will be read on Friday, May 13, 2022, during a Candlelight Vigil in Washington, D.C., starting at 8:00 PM EDT. Those who wish to view the vigil live online, can watch on the NLEOMF YouTube channel found at https://www.youtube.com/watch?v=tKDK1khLW6Y. The schedule of National Police Week events is available on NLEOMF’s website.
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Reference to any specific organization or service(s) offered by an organization is for the information and convenience of the public, and does not constitute endorsement, recommendation, or favoring by the United States Department of Justice.
Oklahoma City Man to Serve a Year and a Half in Federal Prison for Synthetic Identity Theft SchemeRead the Press Release
OKLAHOMA CITY –Yesterday, TYRUS OATES, 49, of Oklahoma City, Oklahoma, was sentenced to serve 18 months in federal prison for conspiracy to make false statements to a financial institution, announced United States Attorney Robert J. Troester.
On July 22, 2021, a federal grand jury returned a 12-count superseding indictment charging Oates with wire fraud, aggravated identity theft, false representation of a Social Security Number, and conspiracy in connection with a synthetic identity theft scheme. Synthetic identity theft occurs when individuals use a combination of real and fake personal information to create a new identity.
According to the superseding indictment, Oates provided and sold credit profile numbers (CPNs), also known as credit privacy numbers or credit protection numbers. CPNs are usually stolen Social Security Numbers, often belonging to children, which are marketed to individuals with poor credit history as a way to obtain credit cards, loans, and other lines of credit for which they would not otherwise qualify. The superseding indictment alleges that individuals used a CPN obtained from Oates, rather than their true social security number, on credit applications submitted to banks, credit unions, credit card issuers, retailers, and other lenders, to establish clean credit profiles separate from their true credit profiles. By doing so, the individuals concealed their true credit history from lenders.
The superseding indictment alleges that Oates not only provided and sold CPNs to others, but he facilitated the use of CPNs by adding the individuals, using their CPNs, as authorized users on his personal credit card, which helped the synthetic identities to establish credit history and appear creditworthy.
On September 17, 2021, Oates pleaded guilty to conspiracy to make false statements to a financial institution. Yesterday, U.S. District Court Judge Joe Heaton sentenced Oates to serve 18 months in federal prison, to be followed by three years of supervised release. He must also pay $185,896.87 in restitution to Conn’s Home Plus, a retailer defrauded by the scheme. The government agreed to dismiss the other charges against him pursuant to a plea agreement. Oates must report to federal prison on June 1, 2022.
This case arises from an investigation by Social Security Administration’s Office of the Inspector General, the Federal Bureau of Investigation’s Oklahoma City Field Office, and the United States Postal Inspection Service. Assistant U.S. Attorneys Jessica L. Perry and Danielle London prosecuted this case.
Oklahoma City Man Sentenced to 180 Months in Federal Prison for Drug and Firearm OffensesRead the Press Release
OKLAHOMA CITY – Last Wednesday, MARKUS LANOR BRYANT, 56, of Oklahoma City, Oklahoma, was sentenced to serve 15 years in federal prison for possession of methamphetamine with intent to distribute and possession of a firearm in furtherance of a drug-trafficking crime, announced U.S. Attorney Robert J. Troester.
On April 8, 2021, a federal grand jury returned a five-count Indictment against Bryant. Count 1 charged Bryant with drug conspiracy, Count 2 charged him with possession of cocaine base with intent to distribute, Count 3 charged him with possession of a firearm in furtherance of a drug-trafficking crime, and Counts 4 and 5 charged him with being a felon in possession of firearms. On July 1, 2021, a Superseding Information charged Bryant with one count of possession of methamphetamine with intent to distribute and one count of possession of a firearm in furtherance of a drug-trafficking crime. On July 2, 2021, Bryant pleaded guilty to both counts of the Superseding Information.
Public records reflect that Bryant was prohibited from possessing firearms due to his lengthy criminal history. These include convictions in Oklahoma County District Court case CF-1990-473 for conspiracy to distribute a controlled and dangerous substance (CDS) (cocaine), trafficking in illegal drugs (cocaine), and possession of marijuana; Oklahoma County District Court case CF-1990-742 for distribution of CDS (cocaine), trafficking in illegal drugs (cocaine), and maintaining a vehicle where CDS is kept; and Oklahoma County District Court case CF-2001-4668 for possession of drug proceeds and distribution of CDS (cocaine). Federal law prohibits convicted felons from possessing firearms or ammunition.
At the sentencing hearing last Wednesday, U.S. District Court Judge David Russell sentenced Bryant to serve 180 months in federal prison. In support of his sentence, Judge Russell cited, among other things, the serious nature of the offense and Bryant’s criminal history. Judge Russell ordered Bryant to serve ten years of supervised release following the term of imprisonment. Bryant has been in federal custody since his arrest on April 20, 2021. The remaining counts of the Indictment were dismissed pursuant to a plea agreement.
This case was the result of an investigation by the United States Postal Inspection Service, the Drug Enforcement Administration, and the Bureau of Alcohol, Tobacco, Firearms, and Explosives. Assistant U.S. Attorneys Jason Harley and Danielle Connolly prosecuted the case.
Federal Inmate Sentenced to Serve More Than Six Additional Years for Assault on Prison GuardRead the Press Release
OKLAHOMA CITY – Yesterday, ZACHARY GAGE PEBLEY, 24, of El Reno, Oklahoma, was sentenced to serve more than six years in federal prison for assaulting an officer of the Federal Bureau of Prisons, announced United States Attorney Robert J. Troester.
On February 18, 2021, a federal grand jury sitting in the Western District of Oklahoma returned a one-count Indictment against Pebley. It charged him with assault on a federal officer causing bodily injury, for conduct in November 2020 at the Federal Correctional Institution at El Reno. On July 12, 2021, Pebley pleaded guilty to the Indictment.
Yesterday, U.S. District Court Judge Stephen Friot sentenced Pebley to serve 77 months in federal prison. This sentence is to run after he finishes his current federal sentence of 144 months for armed bank robbery from the Eastern District of Oklahoma. In support of his sentence, Judge Friot cited the nature and circumstances of the offense, as well as Pebley’s criminal history. Judge Friot also ordered Pebley to serve three years of supervised release upon release from federal prison.
This case arises from an investigation by Special Investigative Services at the Federal Correctional Institution-El Reno and the Federal Bureau of Investigation’s Oklahoma City Field Office. Assistant U.S. Attorney Ashley Altshuler prosecuted this case.
Federal Grand Jury Indicts El Reno Man for Firearms TheftRead the Press Release
OKLAHOMA CITY – JEFFERY DEWAYNE MOSELEY, 32, of El Reno, Oklahoma, was indicted by a federal grand jury in Oklahoma City with theft of firearms from a federally licensed firearms dealer and with being a convicted felon in possession of firearms, announced U.S. Attorney Robert J. Troester.
On April 6, 2022, a federal grand jury in the Western District of Oklahoma returned a two-count indictment against Moseley. Count 1 charges Moseley with theft of nine firearms from a licensed firearms dealer in Yukon, Oklahoma, on February 20, 2022. Count 2 charges Moseley with being a felon in possession of the same nine firearms in February 2022. Federal law prohibits convicted felons from possessing firearms.
If convicted, Moseley faces up to ten years in prison and three years of supervised release on each Count.
The case is being investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives. Assistant U.S. Attorney David Nichols, Jr. is prosecuting the case.
The public is reminded that these charges are merely allegations and that the defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt. Reference is made to public records for more information.
District Court Appoints Robert J. Troester to Continue Serving as United States Attorney for the Western District of OklahomaRead the Press Release
OKLAHOMA CITY – The United States District Court has appointed Robert J. Troester to continue serving as the United States Attorney for the Western District of Oklahoma. Chief United States District Judge Timothy D. DeGiusti administered the oath of office.
"I am humbled and grateful for the confidence the Court has placed in me to lead this great office in the pursuit of justice," said U.S. Attorney Troester. "It is my sincere privilege to serve the people of the Western District with such a dedicated team of professionals who are devoted to public service and upholding the rule of law in a fair, impartial, and ethical manner."
On December 26, 2021, Attorney General Merrick Garland appointed U.S. Attorney Troester to serve as United States Attorney. By statute, Attorney General Garland’s appointment is limited to 120 days and expires on April 24, 2022. The District Court’s appointment will be effective on April 25, 2022. Thereafter, Troester will serve as United States Attorney until a presidential appointee is confirmed.
As United States Attorney, Troester serves as the chief federal law enforcement officer responsible for all federal criminal prosecutions and civil litigation involving the United States, federal agencies, and federal employees in the Western District of Oklahoma. The Western District is the largest of three judicial districts in Oklahoma. It includes 40 of the 77 counties and 21 federally recognized Indian tribes. The U.S. Attorney’s Office consists of nearly 100 staff members to accomplish its mission.
U.S. Attorney Troester has served in the Department of Justice since 1995. He has held multiple managerial positions in the U.S. Attorney’s Office throughout his career, including Acting U.S. Attorney on four occasions, First Assistant U.S. Attorney, Executive Assistant U.S. Attorney, and Chief of the Civil Division. He has also served in other capacities in Washington D.C., including Associate Deputy Attorney General, Sr. Counsel to the Deputy Attorney General, and Deputy Director of the Executive Office for United States Attorneys. Before he joined the U.S. Attorney’s Office, Troester worked in private practice in Oklahoma City, with the State of Oklahoma government, and in local law enforcement at the Buffalo County Sheriff’s Office in Kearney, Nebraska.
For more information about the U.S. Attorney’s Office for the Western District of Oklahoma, please visit https://www.justice.gov/usao-wdok.
Former Oklahoma Supervisory Corrections Officer Convicted for Facilitating White Supremacist Assault on Black Inmates and Ordering Other AbuseRead the Press Release
OKLAHOMA CITY – A federal jury in Oklahoma City, Oklahoma, convicted a former Kay County Oklahoma supervisory corrections officer of violating the civil rights of three pretrial detainees held at the Kay County Detention Center (KCDC). Assistant Attorney General Kristen Clarke for the Justice Department’s Civil Rights Division and U.S. Attorney Robert Troester of the Western District of Oklahoma made the announcement.
The jury convicted Matthew Ware, 53, of willfully depriving two pretrial detainees of their right to be free from a corrections officer’s deliberate indifference to a substantial risk of serious harm and of willfully depriving a third pretrial detainee of the right to be free from a corrections officer’s use of excessive force. He was ordered to the custody of the U.S. Marshals Service yesterday after the jury rendered its verdict.
"This high-ranking corrections official had a duty to ensure that the civil rights of pretrial detainees in his custody were not violated," said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. "The defendant abused his power and authority by ordering subordinate corrections officers to violate the constitutional rights of several pretrial detainees. The Civil Rights Division will continue to hold corrections officials accountable when they violate the civil rights of detainees and inmates."
"Criminal conduct by any corrections employee violates the public trust and unfairly tarnishes the reputation of all corrections officials who honorably perform their important work each day," said U.S. Attorney Robert J. Troester for the Western District of Oklahoma. "This verdict demonstrates our continuing commitment to protect the civil rights of all Oklahomans, including those in custody. I commend the outstanding work of Assistant U.S. Attorney Julia Barry and Trial Attorney Laura Gilson, who vigorously prosecuted this case, and the FBI Special Agents and other law enforcement officials who conducted this investigation."
"The preservation of civil rights and the investigation of color of law violations are of utmost priority for the FBI," said Special Agent in Charge Ed Gray of the FBI Oklahoma City Field Office. "If we don’t hold our very own law enforcement officials accountable, those sworn to protect and serve, what hope will the American people have? Mr. Ware’s actions were impermissible and undignified, particularly given his leadership role. His conviction is a prompt reminder that no one is above the law."
The evidence and testimony revealed that, on May 18, 2017, while Ware served as the Lieutenant of the KCDC, he ordered lower-ranking corrections officers to move two Black pretrial detainees, D’Angelo Wilson and Marcus Miller, to a cell row housing white supremacist inmates whom Ware knew posed a danger to Wilson and Miller. Later that same day, Ware gave lower-ranking officers a second order: to unlock the jail cells of Wilson and Miller, and those other white supremacist inmates at the same time the following morning. When Ware’s orders were followed, the white supremacist inmates attacked Wilson and Miller, resulting in physical injury to both, including a facial laceration to Wilson that required seven stitches to close.
The evidence and testimony also revealed that, on Jan. 31, 2018, while Ware served as the Acting Captain of the KCDC, he ordered lower-ranking corrections officer to restrain another pretrial detainee, Christopher Davis, in a stretched-out position — with Davis’ left wrist restrained to the far-left side of the bench and his right wrist restrained to the far-right side of the bench — in retaliation for Davis sending Ware a note that criticized how Ware ran the KCDC. Davis was left restrained in this position for 90 minutes, resulting in physical injury.
Ware faces a maximum sentence of 10 years in prison, three years of supervised release and a fine of up to $ 250,000 for each violation. Sentencing will take place in approximately 90 days.
The case was investigated by the FBI’s Oklahoma City Field Office. Assistant U.S. Attorney Julia Barry of the Western District of Oklahoma and Trial Attorney Laura Gilson of the Civil Rights Division prosecuted the case.
Oklahoma City Man Pays Nearly $123,000 to Settle Claims That He Wrongfully Obtained Social Security Benefits to Which He Was Not EntitledRead the Press Release
OKLAHOMA CITY – David Lehman ("Lehman"), paid $122,949 to settle civil False Claims Act allegations that he obtained and used Social Security benefits to which he was not entitled, announced United States Attorney Robert J. Troester.
The United States alleges that from April 2013, through March 2019, Social Security benefits were deposited into the bank account of a deceased Social Security beneficiary. The Social Security benefits would not have been paid had the United States been notified of the beneficiary’s death. Lehman had access to the beneficiary’s bank account and withdrew the Social Security benefits for his own use. To resolve these allegations, Lehman agreed to pay $122,949 to the United States.
In reaching this settlement, Lehman did not admit liability, and the government did not make any concessions about the legitimacy of the claims. The agreement allows the parties to avoid the delay, expense, inconvenience, and uncertainty involved in litigating the case.
This case was investigated by the Social Security Administration, Office of Inspector General-Office of Investigations. Assistant U.S. Attorney Ronald R. Gallegos prosecuted the case.
Lawton Man Sentenced to 120 Months in Federal Prison for a Lawton Bank Robbery Involving a Fake BombRead the Press Release
OKLAHOMA CITY – Last Friday, a federal judge sentenced JOHN SCOTT BROOKS, 39, of Lawton, to serve 120 months in federal prison for a Lawton bank robbery involving a fake bomb, announced United States Attorney Robert J. Troester.
On June 3, 2020, a federal grand jury returned a two count Indictment against Brooks. Count 1 charged Brooks with bank robbery and Count 2 charged him with making a bomb threat. According to evidence presented at trial in April 2021, Brooks pulled up to the drive-through teller lane at the Southwest Oklahoma Federal Credit Union, located at 6714 West Gore Boulevard, Lawton, Oklahoma, on March 23, 2020, and he placed a fake bomb and demand note in the teller drawer. He immediately held up a device displaying timer, which was counting down. After the teller provided Brooks with bank proceeds, he took the fake bomb and drove away.
Evidence at trial further showed that Brooks attempted to get away with the robbery by creating a cover story, which included altering the appearance of his vehicle, erasing electronic information from his cell phone, and driving to another bank and then to Wichita Falls, Texas, so he could tell law enforcement he was somewhere else at the time of the robbery. Evidence at trial included testimony from the bank teller, bank surveillance footage of the robbery, a bank robbery list found at Brooks’ residence, and a vehicle image comparison analysis performed by an FBI forensic examiner, which showed Brooks changed the appearance of his vehicle immediately after the robbery. Additionally, multiple witnesses testified that they recognized Brooks in the still photo of the surveillance footage taken from the robbery.
The trial lasted two days, and the jury deliberated approximately two hours before finding Brooks guilty of one count of bank robbery.
At the sentencing, U.S. District Court Judge Scott Palk sentenced Brooks to serve 120 months in federal prison. In support of his sentence, Judge Palk cited, among other things, the serious nature of the offense, Brooks’ criminal history, and the impact the robbery had on the teller. Judge Palk also ordered Brooks to serve five years of supervised release when released from federal prison. Brooks has been detained in federal custody since April 3, 2020.
This case was the result of an investigation by the Federal Bureau Investigation’s Oklahoma City Field Office and the Lawton Police Department. Assistant U.S. Attorneys Wilson D. McGarry and Stan West prosecuted the case.
Reference is made to public filings for more information.
Los Angeles Man Pleads Guilty to Interference with Flight Attendant on Flight Diverted to Oklahoma CityRead the Press Release
OKLAHOMA CITY – Yesterday, ARIEL JAMES PENNINGTON, 35, of Los Angeles, California, pleaded guilty to interference with a flight attendant, announced Robert J. Troester, United States Attorney for the Western District of Oklahoma.
On January 18, 2022, a federal grand jury returned a two-count indictment against Pennington for offenses he committed while traveling on a flight from Arlington, Virginia, to Los Angeles, California. The incident occurred on board a Delta flight on December 9, 2021. Count 1 alleged that Pennington assaulted and intimidated a flight attendant, thereby interfering with the flight attendant’s ability to perform their duties. Count 2 alleged that Pennington assaulted a Federal Air Marshal on the same flight. Yesterday, Pennington pleaded guilty to Count 1 before U.S. District Judge Jodi W. Dishman.
At sentencing, Pennington will face a maximum sentence of 20 years imprisonment and a fine of $250,000, followed by up to three years of supervised release. As part of a plea agreement, the government has agreed to dismiss at sentencing Count 2 of the indictment. A sentencing date will be set by the court in approximately 90 days. This case was charged in the Western District of Oklahoma because the flight was diverted to and landed at Will Rogers World Airport in Oklahoma City.
The case was investigated by the Federal Bureau of Investigation’s Oklahoma City Field Office and the Oklahoma City Police Department. It is being prosecuted by Assistant U.S. Attorneys Ashley L. Altshuler and Lori Hines.
125 Convicted During Five-Year Investigation That Functionally Dismantled the Irish Mob Gang’s Drug Trafficking and Criminal ActivitiesRead the Press Release
OKLAHOMA CITY – A five-year, state-wide investigation into the drug trafficking and other criminal activity of the Irish Mob Gang (IMG), an Oklahoma-based prison gang, has resulted in 125 defendants being convicted across multiple federal cases, including more than a dozen high-ranking, incarcerated members of the Irish Mob.
The wrap-up of this investigation and prosecution effort is jointly announced by United States Attorney Robert J. Troester, Federal Bureau of Investigation Special Agent in Charge Ed Gray, Oklahoma City Police Chief Wade Gourley, and IRS Criminal Investigations Special Agent in Charge of Dallas Field Office Christopher Altemus.
Over the course of this multi-phased investigation, federal, state, and local law enforcement used various investigative tools and techniques, including a dozen court-approved wire taps on phones used by the IMG’s network. More than half of the wire taps were on contraband cell phones smuggled into state prisons that defendants used to direct trafficking operation outside prison walls. In addition to convicting 125 IMG members and associates, law enforcement seized more than 525 pounds of methamphetamine and heroin, 212 firearms, and almost $600,000 in drug proceeds and real property associated with the IMG’s criminal activity.
Crimes for which the 125 IMG members and associates were convicted include drug trafficking, drug conspiracy, money laundering, witness retaliation, witness tampering, maintaining drug premises, illegal firearms possession, and possession of drugs and drug paraphernalia, among others.
Of the 125 defendants, one defendant received a life sentence in federal prison, 113 have been collectively sentenced to 1,350 years in federal prison, seven lower-level defendants collectively received 33 years of probation in federal court, and two defendants received 15 years of deferred sentences in state court. Two defendants are still pending sentencing.
Among the defendants are the following:
- David Postelle, 39, the head of the IMG, ran the drug trafficking operation from his maximum-security state prison cell by connecting fellow IMG members to sources of supply for drugs through contraband cellphones. A federal judge held him responsible for either distributing or assisting in the distribution of over 270 kilograms of methamphetamine. Postelle was sentenced to life in federal prison for his part in orchestrating this large-scale drug trafficking ring from behind prison walls.
- Chad Hudson, 41, the leader of the IMG before Postelle took over, was held responsible for dealing more than 45 kilograms of methamphetamine from inside his maximum security prison cell. Hudson was sentenced to serve 348 months in federal prison.
- Zachary Clark, 31, an IMG member and state inmate, was found responsible for distributing approximately 100 kilograms of methamphetamine from state custody. While in federal custody, Clark also engaged in repeated attempts to intimidate witnesses. Clark was sentenced to serve 480 months in federal prison.
- Aaron Keith, 40, an IMG member and state inmate, was convicted for conspiracy to distribute methamphetamine from his state prison cell. He was involved with multiple acts of violence, including participating in the stabbing of another IMG member believed to be cooperating with authorities against the gang. Keith was sentenced to serve 480 months in federal prison.
- Rogelio Velasquez, 44, one of the sources of drug supply for the IMG, was convicted of conspiracy to traffic drugs and lauder drug proceeds. When he was arrested in Kansas, he had over 100 firearms stashed in several locations, and wiretap interceptions during the investigation revealed that Velasquez was trafficking firearms to Mexico. The investigation also implicated Velasquez in an attempted murder in Kansas. Velasquez was sentenced to serve 310 months in federal prison.
- Niko Davis, 30, an IMG associate, was arrested when intercepted communications indicated that he had been dispatched by Richard Coker, 39, an IMG member and state inmate, to "pistol whip” a third party in exchange for some heroin. Coker had likewise told Davis regarding a witness, “I need her head blown off.” For their respective parts in the overall IMG drug conspiracy, Davis was sentenced to 84 months in federal prison, while Coker was sentenced to 360 months in federal prison.
- Jade Nichols, 26, was initially convicted in March 2020 of being a felon unlawfully in possession of a firearm and ammunition. Nichols was convicted again in June 2021 of two counts of witness tampering—one of the assaults coming at the direction of another incarcerated leader of the IMG. Finally, Nichols was convicted for a third time in December 2021 along with Chad Clark, 36, of witness retaliation after assaulting a cooperating defendant. Nichols and Clark are awaiting sentencing.
Other defendants include high-ranking members of the IMG, a Mexican-based source of drug supply to the IMG, drug couriers, money launderers, and even two state prison guards.
Early in this investigation, death threats were made against two prosecutors by IMG associates. Additional security measures were required to ensure that the prosecutions were undeterred, and the safety of the prosecutors was maintained throughout this investigation. Likewise, during the investigation, and thanks to law enforcement’s use of wiretaps, dozens of acts of potential violence were prevented, ranging from potential shootings to kidnappings and assaults.
"This wide-spread drug trafficking operation was primarily directed and controlled by incarcerated gang members using contraband cell phones from their state prison cells," said United States Attorney Robert J. Troester. "Now, 125 gang members and associates have been held accountable, more than 525 pounds of deadly drugs have been taken off the streets, and 212 firearms have been taken out of the hands of criminals. I commend the outstanding effort and long-term coordinated teamwork of law enforcement partners led by the FBI, Oklahoma City Police Department, and IRS-Criminal Investigation, who worked closely with the dedicated and outstanding prosecutors in my office."
"This was an outstanding example of federal, state, and local agencies working together to positively impact the state of Oklahoma by disrupting and dismantling this large-scale violent gang involved in drug trafficking," said Ed Gray, Special Agent in Charge of the FBI Oklahoma City Division. "Make no mistake, the sentences handed down should serve as a warning to those thinking of filling the void created by the successful prosecution and convictions in this case – we aren’t finished. Our agents are dedicated and persistent. We will continue our efforts to free the community of deadly drugs, drug dealers and the violent crime it perpetuates across our cities while fulfilling our mission to Protect the American People."
"The Oklahoma City Police Department appreciates the partnerships we have with our state and federal agencies," said OCPD Chief of Police Wade Gourley. "Public safety in Oklahoma City takes a considerable team effort. This investigation is a perfect example of how we work together to combat major crimes, which have a huge impact on the safety of our residents. Methamphetamine use and its associated criminal activity have a detrimental effect on our city and this operation will certainly make our community safer. Thank you to everyone involved for your continued support and dedication to the safety of Oklahoma City residents."
"These prosecutions are an important victory for the American public. The laundering of illegal drug profits is as important and essential to drug traffickers as the very distribution of their illegal drugs," said Christopher Altemus, IRS Criminal Investigation, Special Agent in Charge, Dallas Field Office. "Without these ill-gotten gains, the traffickers cannot finance their organizations. The role of IRS-CI in narcotics investigations is to follow the money to financially disrupt and dismantle drug trafficking and money laundering organizations. We are proud to provide our financial expertise as we work alongside our law enforcement partners to bring criminals to justice."
The investigation was spearheaded by the Federal Bureau of Investigation – Oklahoma City Field Office, the Oklahoma City Police Department, the Internal Revenue Service–Criminal Investigation, and the United States Attorney’s Office for the Western District of Oklahoma. Valuable assistance was provided from numerous other law enforcement partners including the Drug Enforcement Administration, the Bureau of Alcohol, Tobacco, Firearms & Explosives, the Oklahoma Bureau of Narcotics, the Oklahoma Department of Corrections, the United States Marshals Service, and the Oklahoma County District Attorney’s Office.
These prosecutions were part of multiple related Organized Crime Drug Enforcement Task Forces (OCDETF) investigations. OCDETF identifies, disrupts, and dismantles the highest-level drug traffickers, money launderers, gangs, and transnational criminal organizations that threaten the United States by using a prosecutor-led, intelligence-driven, multi-agency approach that leverages the strengths of federal, state, and local law enforcement agencies against criminal networks.
Assistant U.S. Attorneys David McCrary, Nick Coffey, Steven Creager, Chelsie Pratt, Travis Leverett, David Petermann, and Kerry Blackburn prosecuted these cases, with assistance from Supervisory Paralegal Jenifer Rowe.
Reference is made to public filings for more information.
Carnegie Man Sentenced to Life Without Parole for Premeditated Murder in Indian CountryRead the Press Release
OKLAHOMA CITY – Yesterday, a federal judge sentenced ISAIAH WHITEFOX REDBIRD, 36, of Carnegie, Oklahoma, to life in prison without the possibility of parole for premeditated murder and assault causing serious bodily injury, announced U.S. Attorney Robert J. Troester.
On November 6, 2019, a federal grand jury indicted Redbird for deliberately killing a person by striking him on the head with a blunt force instrument on September 11, 2018, in Indian Country. He was also charged in a separate count with assaulting a person identified as K.R. on the same day with the intent to commit murder. The federal government had jurisdiction over the offense because Redbird is a Kiowa Indian and the offense occurred in Indian country.
According to facts presented at the November 2020 trial, Redbird bore a grudge against Byron "Subee" Tongkeamah, Jr., and his girlfriend, Kayleigh Roughface. On the night of September 11, 2018, Redbird entered an enclosed porch of an abandoned house where Tongkeamah Jr. and Roughface had taken refuge. He approached them where they were in bed on a foam mattress on the floor and struck each of them multiple times on the head with the crowbar. Tongkeamah Jr. died from multiple blunt force trauma injuries to his skull. Redbird fled the scene, buried the crowbar, burned and buried his clothes, and fled to Arizona. Roughface survived, despite losing all memory of the night of the attack.
Evidence at trial further showed that, on the morning of September 12, 2018, Carnegie police discovered Roughface disoriented and walking down the street in Carnegie. She was covered with dried blood and had massive trauma, including a fractured skull, a fractured eye socket, a broken arm, and a broken finger. Soon after that, officers discovered the body of Tongkeamah Jr. in the enclosed porch. Audio-recordings introduced at trial of Redbird’s phone conversations revealed that he believed he had a duty to execute Tongkeamah Jr. and Roughface based on rumors he had heard about them. After deliberating for two days, the federal jury returned a guilty verdict, convicting Redbird of the premeditated murder of Tongkeamah Jr. and assault causing serious bodily injury of Roughface.
At a sentencing hearing yesterday, Senior U.S. District Judge Stephen P. Friot sentenced Redbird to serve life in federal prison for the murder of Tongkeamah and 10 years for the assault on Roughface. In announcing the sentence, Judge Friot noted the nature and circumstances of the offense. Parole has been abolished in the federal prison system.
This case is a result of an investigation by the Bureau of Indian Affairs, the Federal Bureau of Investigation—Oklahoma City Field Office, the Carnegie Police Department, and the Oklahoma State Bureau of Investigation. The Regional Organized Crime Information Center and the Kiowa Tribe provided logistical assistance. Assistant U.S. Attorneys Brandon Hale and Mark Stoneman prosecuted the case.
Reference is made to public filings for more information.
Lawton Man to Serve More Than Fifteen Years in Federal Prison for Shooting at Federal OfficersRead the Press Release
OKLAHOMA CITY – Yesterday, MICHAEL HANS OLOA, 35, of Lawton, was sentenced to serve more than fifteen years in federal prison for assaulting federal law enforcement officers by shooting at the officers in a Lawton casino parking lot, and for being a convicted felon in possession of a firearm, announced United States Attorney Robert J. Troester.
On June 15, 2021, a federal grand jury returned a two-count Indictment against Oloa. Count 1 charged Oloa with assaulting two federal officers, and Count 2 charged him with being a convicted felon in possession of a firearm. According to an affidavit filed on May 27, 2021, in support of a criminal complaint, two officers with the Comanche Nation Police Department were called to the Comanche Nation Casino in Lawton, Oklahoma, on May 25, 2021. There, officers encountered Oloa, who then fled and discharged a firearm in the direction of the officers. The Comanche Nation Police Department officers at whom Oloa fired his gun had been deputized by the Bureau of Indian Affairs Special Law Enforcement Commission to investigate federal crimes and are therefore considered federal law enforcement officers. Oloa is prohibited under federal law from possessing a firearm because he has been previously convicted of felony crimes and has been in custody since the day of the shooting.
On August 4, 2021, Oloa pleaded guilty to both counts.
Yesterday, U.S. District Court Judge Scott Palk sentenced Oloa to serve a total of 188 months in federal prison. In support of his sentence, Judge Palk cited the nature and circumstances of the offense, as well as Oloa’s criminal history. Judge Palk also ordered that upon release from prison, Oloa must serve three years of supervised release.
This case arises from an investigation by the Comanche Nation Police Department, the Lawton Police Department, the United States Marshals Service, the Federal Bureau of Investigation, the Bureau of Indian Affairs, and the Bureau of Alcohol, Tobacco, Firearms and Explosives. Assistant U.S. Attorney Mark Stoneman prosecuted this case.
United States Attorney’s Office Announces Partnership with Special Inspector General for Pandemic Recovery to Address FraudRead the Press Release
OKLAHOMA CITY – United States Attorney Robert J. Troester and Special Inspector General Brian D. Miller of the Office of the Special Inspector General for Pandemic Recovery (SIGPR) jointly announced today that their offices have entered into a Memorandum of Understanding (MOU) to further strengthen and enhance the already existing cooperative efforts to investigate and prosecute fraud involving loans, loan guarantees and other relief made by the Secretary of the Treasury under the Coronavirus Aid, Relief, and Economic Security (CARES) Act of 2020, which included over $2 trillion in emergency financial assistance designed to provide immediate help for American businesses and individuals.
"It is regrettable that the government relief programs provided by Congress to aid those in need, as a result of the pandemic, have been exploited by fraud," said U.S. Attorney Troester. "We have already been working closely with SIGPR to address these fraudulent schemes. This partnership with SIGPR strengthens and enhances that on-going effort."
"Our partnership with the U.S. Attorney’s Office for the Western District of Oklahoma has already produced results," said Special Inspector General Miller. "We continue to work together to hold accountable those who would misuse pandemic funds meant to support vulnerable businesses and individuals in their time of need."
The MOU outlines four key objectives: (1) Provide a coordinated response to CARES Act-funding fraud, with an emphasis on organized criminal activity, as well as criminal and civil fraud affecting federal money, vulnerable victims, and fraud recidivists; (2) facilitate legal process, case intake, and swift prosecution of CARES Act-related fraud; (3) link and associate isolated CARES Act-related complaints with larger schemes and related unlawful activity; and (4) deter future CARES Act funding fraud through an enhanced awareness of criminal and civil penalties and successful prosecution of individuals and companies involved in CARES Act related financial fraud. The partnership will help ensure regular communication and coordination with regulators and law enforcement so that just results can be achieved through the strategic use of criminal and civil remedies to address fraudulent schemes.
Oklahomans who believe they are victims or witnesses of fraudulent activity related to the pandemic should report it to the following:
- SIGPR Hotline Complaint
- SIGPR Whistleblower Complaint
- FBI’s Internet Crime Complaint Center
- For more information from the Department of Justice about reporting frauds related to the pandemic, see https://www.justice.gov/coronavirus
Federal Fugitive Arraigned on Escape and Drug ChargesRead the Press Release
OKLAHOMA CITY – Today, federal fugitive BRYAN SCOTT MILLER, 36, from Oklahoma City, was arraigned on two grand jury indictments charging him with drug and escape offenses, announced United States Attorney Robert J. Troester.
On January 6, 2022, Miller was indicted by a federal grand jury with one count of Possession of Cocaine Base with Intent to Distribute and one count of Possession of Cocaine HCL with Intent to Distribute, both in violation of 21 U.S.C. § 841(a)(1). These charges stemmed from Miller’s October 12, 2021, arrest by Oklahoma City Police Department Officers and U.S. Marshal Service Fugitive Squad members for violations of the terms of his previously imposed federal term of supervised release.
As a result of his prior supervised release violations, on November 4, 2021, the Honorable Judge Joe Heaton sentenced Miller to 24 months custody in the federal Bureau of Prisons (BOP). Miller was thereafter designated at the El Reno Federal Correctional Institution to serve his sentence. It is alleged that on February 14, 2022, Miller escaped from BOP custody. On March 1, 2022, a federal grand jury returned a second indictment charging him with Escape From Custody, in violation of 18 U.S.C. § 751(a).
Miller remained a federal fugitive until he was apprehended in Oklahoma City on March 12, 2022, by Oklahoma City Police Officers and Special Agents with the Federal Bureau of Investigation (FBI). Miller was arraigned today before Magistrate Judge Gary Purcell. Judge Purcell ordered that Miller be detained pending trial.
If found guilty, Miller faces a maximum potential penalty of up to forty years of imprisonment, three years of supervised release, and a $5,000,000 fine as to his charge of Possession of Cocaine Base with Intent to Distribute; up to twenty years of imprisonment, three years of supervised release, and a $1,000,000 fine as to his Possession of Cocaine HCl with Intent to Distribute charge; and up to five years of imprisonment, three years of supervised release, and a $250,000 fine on the Escape from Custody charge. This case is the result of an investigation by the FBI’s Oklahoma City Field Office, the Oklahoma City Police Department, and the United States Marshals Service. Assistant U.S. Attorney Chelsie A. Pratt is prosecuting the case.
The public is reminded that these charges are merely allegations and that the defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt. Reference is made to public filings for more information.
Indictment Unsealed Charging Los Angeles Man with Assaulting and Interfering with a Flight Attendant and Federal Air Marshal Onboard Delta FlightRead the Press Release
OKLAHOMA CITY – A federal grand jury indictment was unsealed yesterday charging JAMES ARIEL PENNINGTON, 45, of Los Angeles, California, on charges of interference with a flight attendant and assault on a federal officer with physical contact, announced United States Attorney Robert J. Troester.
On January 18, 2022, a federal grand jury sitting in Oklahoma City returned the Indictment. It alleges that on December 9, 2021, Pennington was onboard Delta Airlines flight 342, traveling from Arlington, Virginia, to Los Angeles, California. During that flight, Pennington knowingly assaulted and intimidated a flight attendant of the aircraft, thereby interfering with the flight attendant and lessening the ability of the flight attendant to perform his duties. The Indictment further alleges that Pennington assaulted a Federal Air Marshal while the Federal Air Marshal was engaged in his official duties, causing physical contact with the Federal Air Marshal. The flight was diverted to Will Rogers World Airport in Oklahoma City, where Oklahoma City Police Department Officers escorted Pennington from the aircraft.
The indictment was sealed until Pennington was located, taken into custody, and appeared in federal court in California.
If found guilty, Pennington faces a maximum potential penalty on each count of twenty years in prison, three years of supervised release, and a fine of $250,000.
This case is the result of an investigation by the FBI’s Oklahoma City Field Office and the Oklahoma City Police Department. Assistant U.S. Attorneys Ashley L. Altshuler and Lori Hines are prosecuting the case.
The public is reminded that these charges are merely allegations and that the defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt. Reference is made to the attached indictment and public records for more information.
Stephens County Man to Serve Life in Federal Prison for Sexual Abuse of a Child Under 12Read the Press Release
OKLAHOMA CITY – LAWRENCE JUNIOR LOFTIS, 65, of Stephens County, was sentenced to serve life in federal prison for abusive sexual contact with a child under 12 years old, announced Robert J. Troester, United States Attorney for the Western District of Oklahoma.
"Sexual abuse of children will not be tolerated because it exploits the most vulnerable members of our society and inflicts devastating and long-lasting trauma to the lives of victims," said U.S. Attorney Troester. "It is impossible to restore the innocence that was so callously stolen away from the child victim in this case. Our hope is that the life sentence of imprisonment for Mr. Loftis will bring some solace to the victim and the family because it ensures that he will never be able to abuse and exploit another child. I commend the FBI and Stephens County Sheriff’s Office who diligently investigated this case, the Stephens County District Attorney’s Office who provided valuable assistance, and the prosecutors who held this defendant accountable."
"The FBI is dedicated to ensuring the safety and security of Oklahoma’s youth, and yesterday’s sentence sends a clear message that crimes against children, in both urban and rural Oklahoma, will never be tolerated" said Edward Gray, Special Agent in Charge of the FBI Oklahoma City Division. "I am proud of the diligent work of our agents and law enforcement partners to identify and investigate sexual perpetrators and bring them to justice so they can’t victimize anyone again."
On April 20, 2021, a federal grand jury returned a three-count Indictment against Loftis, charging him with aggravated sexual abuse and abusive sexual contact with a child under 12 years old.
On August 13, 2021, after a four-day trial, a federal jury found Loftis guilty of abusive sexual contact with a child under 12 years old. Evidence at trial showed that, between early 2018 and late 2019, Loftis knowingly engaged in and caused sexual contact with a child, who was then eight to ten years old. The jury heard testimony from witnesses who had helped bring the sexual abuse to light, from the child victim, and from the Stephens County Sheriff’s Office investigator who interviewed Loftis. Finally, the jury heard the testimony of another victim who had been sexually abused by Loftis for many years when that person was a child. The jury did not reach a verdict on the two counts charging Loftis with aggravated sexual abuse of a child.
On March 7, 2022, Judge Wyrick sentenced Loftis to serve life in federal prison. In imposing the sentence, Judge Wyrick noted the nature and circumstances of Loftis’s sexual abuse, his history and characteristics, the need to adequately deter related conduct, and the need to protect the public from further crimes of Loftis. Loftis has been in custody since February 28, 2020.
Federal jurisdiction existed in this case because the crime was committed in Indian Country and Loftis was Native American. This was the first McGirt Indian Country case to go to trial in the Western District of Oklahoma.
This case is the result of an investigation by the Federal Bureau of Investigation’s Oklahoma City Field Office and the Stephens County Sheriff’s Office, with assistance from the Stephens County District Attorney’s Office. Assistant U.S. Attorneys Bow Bottomly and Brandon Hale are prosecuting the case.
This case is part of Project Safe Childhood, a nationwide initiative by the Department of Justice (DOJ) to combat child sexual exploitation and abuse. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
Reference is made to court filings for further information.
Illegal Firearms Possession Lands Oklahoma City Man in Federal Prison for 15 YearsRead the Press Release
OKLAHOMA CITY – Yesterday, MARIO LAIVEL THOMAS, 43, of Oklahoma City, was sentenced to 180 months in prison for illegal possession of firearms after he had sustained a felony conviction, announced U.S. Attorney Robert J. Troester.
On October 7, 2020, a Superseding Indictment charged Thomas with one count of being a felon in possession of ammunition and two counts of being a felon in possession of firearms. On February 24, 2021, Thomas pleaded guilty to two counts of the Superseding Indictment. Federal law prohibits a person who has previously been convicted of a felony from possessing firearms or ammunition.
Public records reflect that on May 11, 2020, Thomas was under the influence of methamphetamine, marijuana, and a prescription opiate when his vehicle struck a gas pump at a gas station in northwest Oklahoma City. He fled the scene and was stopped by Oklahoma County Sheriff Office deputies and Oklahoma City Police Department officers. When Thomas exited the vehicle, a loaded firearm fell from his lap. Public records also reflect that on August 9, 2020, while out of custody on bond on related state criminal charges, Thomas, again under the influence of drugs, possessed another firearm. Thomas fired that stolen firearm multiple times at his girlfriend’s son as an argument escalated in front of the girlfriend’s residence.
Court records show Thomas has multiple felony convictions in Oklahoma County District Court, including:
- Possession of a Controlled Dangerous Substance in case numbers CF-2014-8162, CF-2013-4776, CF-2010-2265, CF-2010-1840, CF-2007-616, CF-2000-2644, CF-1998-7923, and CF-1996-2644;
- Possession of an Imitation Controlled Dangerous Substance with Intent to Distribute in case number CF-2010-2265;
- Domestic Abuse in case number CF-2008-3116;
- Escape from a Penal Institution in case number CF-2011-3373;
- Eluding a Police Officer in case number CF-2015-4324; and
- Felon in Possession of a Firearm in case numbers CF-2003-493 and CF-2014-8162.
Yesterday, U.S. District Judge Patrick R. Wyrick sentenced Thomas to serve 180 months in federal prison, followed by three years of supervised release. In announcing the sentence, Judge Wyrick noted the nature and circumstances of the offenses, and highlighted Thomas’ lengthy and violent criminal history.
This case is a result of an investigation by the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Oklahoma City Police Department, and the Oklahoma County Sheriff’s Office. Assistant U.S. Attorneys Danielle M. Connolly and Jacquelyn M. Hutzell prosecuted the case.
This case is part of "Operation 922," the Western District of Oklahoma’s local implementation of the Department of Justice’s Project Safe Neighborhoods violent crime initiative to reduce gun violence and enforce federal firearms laws. "Operation 922" prioritizes firearms prosecutions connected to domestic violence, including domestic violence abusers who possess a firearm and are either subject to a victim protective order or have been previously convicted of a misdemeanor crime of domestic violence.
Reference is made to court filings for further information.
Midwest City Man to Serve Two Decades in Prison for Illegal Firearms Possession in Connection with Domestic AbuseRead the Press Release
OKLAHOMA CITY – Last week, JORI NICHOLAS FRANKLIN, 27, of Midwest City, was sentenced to serve 20 years in federal prison for being a convicted felon in possession of firearms, announced United States Attorney Robert J. Troester.
On April 20, 2021, a federal grand jury returned a two-count Indictment against Franklin. Specifically, Counts 1 and 2 charged Franklin with Felon in Possession of Firearms. On June 3, 2021, Franklin pleaded guilty to both counts of the Indictment. Public records show that Franklin had prior felony convictions before April 20, 2021. These convictions include Child Neglect in Oklahoma County, Oklahoma case number CF-2015-751 and Possession of a Controlled Substance (methamphetamine) in Oklahoma County, Oklahoma case number CF-2017-3808. Federal law prohibits the possession of firearms or ammunition by convicted felons.
On February 24, 2022, U.S. District Court Judge Patrick R. Wyrick sentenced Franklin to serve a total of 240 months in federal prison, followed by three years of supervised release. In support of his sentence, Judge Wyrick cited the nature and circumstances of the offense, as well Franklin’s criminal history. Judge Wyrick also ordered Franklin to serve three years of supervised release, upon release from prison.
Evidence presented at sentencing showed that on March 3, 2021, Franklin was arrested in possession of a firearm that he had used in connection with the confinement and domestic abuse of his girlfriend. Evidence further showed that Franklin used the firearm to hold his girlfriend inside of a residence against her will. During that confinement, Franklin used the firearm to pistol whip, physically assault, and threaten his girlfriend, causing her to sustain serious bodily injuries requiring hospitalization.
This case was the result of investigations by the Bureau of Alcohol, Tobacco, Firearms, and Explosives, Oklahoma City Police Department, and Midwest City Police Department. Assistant U.S. Attorney Chelsie Pratt prosecuted the case.
This case is part of "Operation 922," which specifically targets domestic violence abusers for federal prosecution in western Oklahoma. Operation 922 is the Western District of Oklahoma’s local implementation of the Justice Department’s Project Safe Neighborhoods initiative to reduce gun violence and enforce federal firearms laws. Operation 922 prioritizes prosecution of federal gun crimes related to domestic violence.
Reference is made to public filings for more information.
Oklahoma City Man Sentenced to Serve More Than Five Years in Federal Prison for Possessing Child PornographyRead the Press Release
OKLAHOMA – Yesterday, TYLER JAMES ROSS, 39, of Oklahoma City was sentenced to serve 65 months in federal prison for possessing material containing images of child pornography, announced U.S. Attorney Robert J. Troester.
On September 30, 2021, a one-count Information charged Ross with knowingly possessing material containing child pornography that involved a prepubescent minor on his computer and an external hard drive. On October 29, 2021, Ross pleaded guilty to the Information. As part of his plea, Ross admitted that he knowingly possessed thousands of images of child pornography and over a thousand videos of child pornography on his laptop computer and an external hard drive in June of 2020. He further admitted that many of these images and videos involved prepubescent minors and minors who had not attained the age of 12 years.
Yesterday, Senior U.S. District Judge Stephen Friot sentenced Ross to serve 65 months in federal prison for his conduct, followed by 10 years of supervised release. Ross was also ordered to pay a total of $10,100.00 in special assessments. A restitution hearing for the victims in the case will be set at a later date. In imposing the sentence, Judge Friot highlighted the serious nature of the offense, noting that Ross possessed over 35,000 unique images and just under 1,800 unique videos of child pornography. Judge Friot also noted that Ross’s conduct exploited those who are most vulnerable. Upon his release from prison, Ross will be required to register as a sex offender.
This case is the result of an investigation by the Department of Homeland Security-Homeland Security Investigations. Assistant U.S. Attorney Bow Bottomly prosecuted the case.
This case is part of Project Safe Childhood, a nationwide initiative by the Department of Justice (DOJ) to combat child sexual exploitation and abuse. Led by U.S. Attorney’s Offices and the DOJ Child Exploitation and Obscenity Section, Project Safe Childhood, marshals, federal, state, and local resources to better locate, apprehend, and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
Reference is made to court filings for further information.
Former Project Manager of the El Reno Wastewater Treatment Plant Sentenced After Pleading Guilty to Violating the Clean Water ActRead the Press Release
OKLAHOMA CITY – Yesterday, KENNETH FULTON, of Bartlesville, was sentenced after pleading guilty to knowingly falsifying, tampering with, and rendering inaccurate, a monitoring device and method required to be maintained under the Clean Water Act, announced Robert J. Troester, United States Attorney for the Western District of Oklahoma.
On March 24, 2021, Fulton was charged by Information with violating the Clean Water Act. The Clean Water Act was enacted by Congress to restore and maintain the chemical, physical, and biological quality of the Nation’s waters. In addition, the Clean Water Act was enacted to prevent, reduce and eliminate water pollution in the United States and to conserve the waters of the United States for the protection and propagation of fish and aquatic life and wildlife, for recreational purposes, and for the use of such waters for public drinking water, agricultural, and industrial purposes.
The Clean Water Act prohibits the discharge of any pollutant by any person from a point source into navigable waters except in compliance with a permit issued under the National Pollutant Discharge Elimination System ("NPDES") by the United States Environmental Protection Agency ("EPA") or a state approved by the EPA to administer the NPDES program. NPDES permits include conditions that will ensure compliance with the Clean Water Act, such as effluent limitations, water-quality standards, and monitoring and reporting requirements. The Clean Water Act’s permitting system requires individuals and companies that have been issued NPDES permits to self-monitor and self-report whether their discharges comply with pollution limits set forth in their permits. Permit holders must regularly collect discharge samples and test those samples for pollutants that are covered by the permits. The results of these tests must be reported by the permit holder to the EPA and/or delegated state regulatory agency on a routine basis.
In 1996, the EPA delegated authority to administer and enforce the NPDES program to the State of Oklahoma. Pursuant to that delegated authority, the Oklahoma Department of Environmental Quality ("DEQ") issued a permit to the City of El Reno in 2015 that authorized the El Reno Wastewater Treatment Plant ("WWTP") to discharge properly treated municipal and industrial wastewater into the North Canadian River, a water of the United States. The permit set limits upon the levels of concentration for various pollutants being discharged into the North Canadian River, including total suspended solids, ammonia, and E. coli, which are “pollutants” within the meaning of the Clean Water Act. The permit also established specific monitoring requirements for each pollutant.
In 2017, the City of El Reno hired Veolia North America, LLC ("Veolia") to operate the El Reno WWTP. Fulton was employed by Veolia as the Project Manager of the El Reno WWTP. His duties included overall management and supervision of the operations at the El Reno WWTP.
Fulton admitted that between September 2019 and February 2020, he employed fraudulent testing and reporting procedures at the El Reno WWTP that were designed to deceive the EPA and the Oklahoma DEQ. Specifically, Fulton would collect grab (individual) samples of treated wastewater from near the El Reno WWTP effluent discharge point to have the wastewater analyzed for the presence of E. coli. Fulton would mix the grab sample with a bleach/water mixture and then let the mixture sit for longer than the maximum holding time to allow the bleach to effectively kill off or significantly reduce the amount of E. coli present in the sample. Fulton would then pour out half of the contents of the bleached and diluted wastewater sample before adding deionized water to help neutralize the sample and hide the presence of bleach. Fulton then transferred the sample contents into an official plastic container provided by the certified laboratory. Fulton would then seal the container and provide it to the laboratory for analysis.
Fulton submitted the fraudulent samples to the laboratory knowing that the laboratory would only detect levels of E. coli well below the approved limits in the permit. Fulton would then report the laboratory results to the EPA and the Oklahoma DEQ on the false premise that the test results were representative of the El Reno WWTP’s treated wastewater with respect to E.coli.
At yesterday’s hearing, United States District Judge Charles Goodwin sentenced Fulton to 2 years of probation and a $10,000 fine.
"Cutting corners and falsifying tests potentially exposed citizens and the environment to harmful contaminants," said U.S. Attorney Troester. "This case should remind all who may be involved in treating wastewater that disregarding the Clean Water Act and federal environmental laws can result in serious consequences. I commend the investigation by the Oklahoma Environmental Crimes Task Force, including the EPA Criminal Investigation Division and the Oklahoma DEQ Criminal Investigation Unit, and the entire prosecution team for their work here."
"The defendant’s willful acts of falsifying required effluent samples and the associated releases of untested effluent into the North Canadian River placed both the environment and local community water systems at risk of contamination," said Todd "Tony" Adams, Assistant Special Agent in Charge of the EPA’s Southwest Office criminal enforcement program. "EPA and its state partners are committed to holding accountable companies and individuals that place communities and the environment at risk."
"The Clean Water Act and the Safe Drinking Water Act rely on self-monitoring and self-reporting in order to protect our water resources. Individuals who tamper with the process potentially jeopardize public health and erode trust in our system. It is imperative that those who would take such actions be held accountable," said Oklahoma DEQ Executive Director Scott Thompson.
This investigation was conducted by the Oklahoma Environmental Crimes Task Force, which includes the EPA Criminal Investigation Division and the Oklahoma DEQ Criminal Investigation Unit. The case was prosecuted by Assistant U.S. Attorney Charles Brown.
Reference is made to the public record for further information.
Lawton Hospital and Physicians Pay $550,000 to Settle Civil Penalty Claims Involving Controlled Substance PrescriptionsRead the Press Release
Oklahoma City, Oklahoma – Comanche County Hospital Authority (“CCHA”), Troy L. Harden, D.O., and Moncy Varkey, D.O., agreed to pay a total of $550,000 to the United States to settle civil penalty claims related to prescriptions for various non-opioid Schedule II Controlled Substances, announced United States Attorney Robert J. Troester.
Under the Comprehensive Drug Abuse Prevention and Control Act of 1970 and its regulations, prescriptions for controlled substances must be issued for a legitimate medical purpose by an individual practitioner acting in the usual course of his professional practice.
During the relevant time, Drs. Harden and Varkey were employed by CCHA and practiced medicine on behalf of Lawton Community Health Care Center, Inc. ("CCMH"), in and around Lawton, Oklahoma. The United States alleges that during the period November 2016 to August 2018, Drs. Harden and Varkey issued prescriptions for various non-opioid Schedule II Controlled Substances, without establishing a doctor-patient relationship via a face-to-face encounter with the patient. During this time, CCHA was responsible for certain CCMH operations including administration, management, and regulatory compliance. The United States alleges the prescriptions issued by Drs. Harden and Varkey were outside the usual course of professional practice and that CCHA neglected to implement appropriate prescribing policies and procedures.
To resolve these allegations, CCHA and Drs. Harden and Varkey agreed to pay a total of $550,000 to the United States.
In reaching this settlement, Drs. Harden and Varkey and CCHA did not admit liability, and the government did not make any concessions about the legitimacy of the claims. The agreement allows the parties to avoid the delay, expense, inconvenience, and uncertainty involved in litigating the case.
This case was investigated by the Drug Enforcement Administration, Office of Diversion Control, with assistance from the Department of Health and Human Services, Office of Inspector General, Office of Audit Services. Assistant U.S. Attorneys Amanda R. Johnson and Ronald R. Gallegos prosecuted the case.
Suspect Arrested in Indian Country MurderRead the Press Release
OKLAHOMA CITY – JOHNNY SAPCUT, 18, of Elgin, Oklahoma, has been arrested for murder in connection with a death in Indian country, announced U.S. Attorney Robert J. Troester.
According to an affidavit in support of a criminal complaint filed today, in the early hours of February 15, 2022, law enforcement responded to a home after a woman called 911 in apparent distress. The affidavit alleges that Sapcut and the woman were the only two in the home and that the woman was deceased. An investigation into the cause of death is underway.
The case is charged in federal court because the alleged crime took place on tribal land of the Comanche Nation both the defendant and victim are members of the Comanche Nation.
Sapcut was arrested in the early morning hours and made his initial appearance today before U.S. Magistrate Judge Shon T. Erwin. Judge Erwin ordered that Sapcut be detained pending a detention hearing on February 18, 2022.
If found guilty, Sapcut faces a maximum potential penalty of life in prison, five years of supervised release, a fine of $250,000, and mandatory restitution. This case is a result of an investigation by the FBI’s Oklahoma City Field Office, the Comanche Nation Police, and the Comanche County Sheriff’s Department. Assistant U.S. Attorney Tiffany Noble is prosecuting the case.
The public is reminded that this charge is merely an allegation and that the defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt. Reference is made to public filings for more information.
Lawton Gang Member Sentenced to Serve Six Years in Federal Prison for Illegal Possession of a FirearmRead the Press Release
OKLAHOMA CITY – Yesterday, JATARVIS MANDEZ PRATT, 26, of Lawton, was sentenced to serve 72 months in federal prison for being a convicted felon in illegal possession of a firearm, announced United States Attorney Robert J. Troester.
On February 18, 2021, a federal grand jury returned a one-count Indictment that alleged illegal possession of a firearm after being convicted of a felony. On June 14, 2021, Pratt plead guilty to the Indictment. Federal law prohibits possession of firearms or ammunition by convicted felons under 18 U.S.C. 922(g)(1).
Public records reflect that, on September 4, 2020, Lawton Police Department officers noticed Pratt driving a vehicle. Knowing that Pratt did not have a valid driver’s license, officers initiated a traffic stop. Pratt stopped and exited the vehicle then fled the scene on foot. Officers chased Pratt though an apartment complex, where he was eventually caught and taken into custody. Pratt also verified his status as a member of a street gang during the encounter. A loaded pistol was later found during an inventory search of Pratt’s vehicle.
Public records further reflect that Pratt had multiple prior felony convictions. These convictions in Comanche County District Court, case number CF-14-245, include using an offensive weapon during the commission of a felony, feloniously pointing a firearm at another, burglary in the first degree, and assault and battery with a dangerous weapon. He was released from Oklahoma state prison in May 2020 after serving a prison term for these felony offenses.
On February 14, 2022, Chief U.S. District Judge Timothy D. DeGiusti sentenced Pratt to serve 72 months in federal prison, followed by three years of supervised release.
This case is the result of investigations by the Federal Bureau of Investigation and the Lawton Police Department. Assistant United States Attorneys Mary E. Walters and Stanley J. West prosecuted the case.
This case is part of Project Safe Neighborhoods, the Department of Justice’s signature initiative to reduce gun violence and enforce federal firearms laws.
Reference is made to public filings for more information.
Mustang Man Charged with Illegal Receipt of Firearm While Under IndictmentRead the Press Release
OKLAHOMA CITY – WILLIAM SHAWN KAYS, 39, of Mustang, has been charged with one count of illegally receiving a firearm while under indictment, announced Robert J. Troester, United States Attorney for the Western District of Oklahoma.
On February 1, 2022, a federal grand jury returned an indictment alleging that, on or about August 15, 2021, Kays received a firearm while under indictment. The indictment alleges Kays was under indictment for the felony offense of Burglary in the First Degree, charged in Blaine County District Court case number CF-2021-52, when he willfully received a Glock .45 caliber pistol. Kays surrendered to law enforcement yesterday and the indictment was unsealed later that day. Federal law prohibits an individual who is under indictment from receiving firearms or ammunition under 18 U.S.C. § 922(n).
If convicted, Kays faces up to five years imprisonment, a fine of up to $250,000, and up to three years of supervised release.
The charge is the result of an investigation by the Bureau of Alcohol, Tobacco, Firearms & Explosives, with assistance from the Oklahoma State Bureau of Investigation. Assistant U.S. Attorney Mary E. Walters is prosecuting the case.
This case is part of Project Safe Neighborhoods (PSN), the centerpiece of the Department of Justice’s violent crime reduction efforts. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions. As part of this strategy, PSN focuses on the most violent offenders and partners with local prevention and re-entry programs for lasting reductions in crime. To enhance local effectiveness, the Western District of Oklahoma has emphasized prosecution of federal gun crimes connected to domestic violence.
The public is reminded that this charge is merely allegations and that Kays is presumed innocent unless and until proven guilty beyond a reasonable doubt. Attached is the indictment the federal grand jury returned in this matter. Reference is made to public filings for further information.
Indictment Unsealed Charging Two Oklahoma Men with Committing Hate CrimesRead the Press Release
OKLAHOMA CITY— Earlier today, a federal grand jury indictment was unsealed in the Western District of Oklahoma charging two men with two-counts of committing hate crimes, announced Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division and United States Attorney Robert Troester for the Western District of Oklahoma.
The indictment alleges that on June 22, 2019, Brandon Killian and Devan Johnson, aiding and abetting each other, willfully caused bodily injury to two victims because of the perceived or actual race of one of the victims, who is a Black man. The victims are identified in the indictment only as J.C. and M.W. The assaults occurred in the parking lot of the Brickhouse Saloon, in Shawnee, Oklahoma.
If convicted, Killian and Johnson each face a maximum sentence of 10 years in prison, three years of supervised release and a fine of up to $250,000.
The case is being investigated by the Oklahoma City FBI Field Office. Assistant U.S. Attorney Julia Barry of the Western District of Oklahoma and Trial Attorney Avner Shapiro of the Civil Rights Division are prosecuting the case.
The public is reminded that these charges are merely allegations and that the defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt. Reference is made to public records for more information.
Domestic Altercation and Shooting Result in City Man Being Sentenced to 235 Months in Federal Prison for Unlawful Possession of Ammunition and Witness TamperingRead the Press Release
OKLAHOMA CITY – JIMMY LEE BROOKS, 36, of Oklahoma City, has been sentenced to serve 235 months in federal prison for unlawful possession of ammunition as a felon and witness tampering, announced United States Attorney Robert Troester.
Brooks’s sentencing followed a three-day trial that began on April 27, 2021. At trial, evidence showed that on March 18, 2020, Brooks fired eight rounds at his girlfriend’s vehicle as she fled from him following a domestic altercation that occurred at beauty supply store in northeast Oklahoma City, blocks away from the Oklahoma Capitol. Evidence also showed that during the altercation, Brooks brandished a large knife and then retrieved a firearm from his vehicle as she fled the scene in a different vehicle. Upon retrieving the firearm, Brooks fired shots at the second vehicle as it drove away, striking his girlfriend. Investigators retrieved shell casings at the scene of the shooting. Evidence also showed that following the shooting, Brooks sought to corruptly persuade his girlfriend to recant statements that she had made to investigators implicating Brooks in the shooting
Public records reflect that Brooks was previously convicted of being a felon in possession of firearms in the U.S. District Court for the Western District of Oklahoma, and that he has several felony convictions in the District Court for Oklahoma County, Oklahoma, including possession of a sawed-off shotgun, possession of a controlled dangerous substance, and aggravated assault and battery. Brooks also has a felony conviction in the District Court for Lincoln County, Oklahoma for falsely impersonating another and a felony conviction in the District Court for Labette County, Kansas, for discharge of a firearm at an occupied dwelling or vehicle. Federal law prohibits prior convicted felons from possessing firearms or ammunition under 18 U.S.C. § 922(g)(1).
After deliberation, the jury found Brooks guilty of being a convicted felon unlawfully possessing ammunition, in violation of 18 U.S.C. § 922(g)(1), and witness tampering, in violation of 18 U.S.C. § 1512(b).
On January 28, 2022, U.S. District Judge Charles B. Goodwin sentenced Brooks to serve 120 months in prison as to his felon-in-possession-of-ammunition charge, and 235 months as to the witness tampering charge, to be served concurrently and to be followed by 3 years of supervised release. At sentencing, the United States presented additional evidence about the incriminating nature of the phone calls that Brooks placed from the Oklahoma County Jail to his girlfriend for purposes of influencing her statements to law enforcement, including references he made to his association with the Shotgun Crips. In sentencing Brooks, the district court found that the cross-reference for attempted murder under the U.S. Sentencing Guidelines applied, and that following the shooting, Brooks commenced a campaign to have others lie about his involvement in the shooting.
This case is the result of an investigation by the Oklahoma City Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives. Assistant U.S. Attorneys Nick Coffey and Charles Brown prosecuted the case.
This case is part of "Operation 922," the Western District of Oklahoma’s local implementation of the Department of Justice’s Project Safe Neighborhoods violent crime initiative to reduce gun violence and enforce federal firearms laws. "Operation 922" prioritizes prosecution of federal gun crimes connected to domestic violence.
Two People Indicted for Possession with Intent to Distribute FentanylRead the Press Release
OKLAHOMA CITY—Yesterday, GUADALUPE ELOISA ORTEGA-GREEN, 23, and TERRELL MAURICE BRUNSTON, 19, were indicted by a federal grand jury in Oklahoma City with Possession with Intent to Distribute over 400 grams of Fentanyl, announced U.S. Attorney Robert Troester of the Western District of Oklahoma.
On January 13, 2022, public records reflect that Ortega-Green and Brunston were charged by criminal complaint. According to an affidavit filed in support of the criminal complaint, on January 12, 2022, law enforcement stopped Ortega-Green and Brunston’s vehicle on Interstate 40 in Canadian County, Oklahoma. Agents with the Oklahoma Bureau of Narcotics and Dangerous Drugs Control conducted the stop. Agents then searched the vehicle and found approximately 9.7 kilograms of a substance containing fentanyl hidden underneath the hood of the truck.
Yesterday, an indictment returned by a federal grand jury charged Ortega-Green and Brunston with one-count of knowingly and intentionally possessing with intent to distribute 400 grams or more of a substance containing a detectable amount of fentanyl. If convicted, Ortega-Green and Brunston face not less than ten years and up to life in prison, no less than five years of supervised release, and a fine of up to $10,000,000.
The case is being investigated by the Oklahoma Bureau of Narcotics and Dangerous Drugs Control and Drug Enforcement Administration. Assistant U.S. Attorney Daniel Gridley is prosecuting the case.
The public is reminded that these charges are merely allegations and that the defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt. Reference is made to public records for more information.
Edmond Woman Pleads Guilty to Cares Act Main Street Lending Program FraudRead the Press Release
OKLAHOMA CITY – Today, Jill Nicole Ford, 31, of Edmond, Oklahoma, pleaded guilty to bank fraud and money laundering related to a loan obtained through the Main Street Lending Program, a lending facility established by the Federal Reserve Board and supported with funding authorized by the Coronavirus Aid, Relief, and Economic Security Act (CARES Act), announced United States Attorney Robert J. Troester.
The CARES Act provided more than $2 trillion in relief for individuals and businesses adversely affected by the coronavirus pandemic. The CARES Act also authorized the Secretary of the Treasury and the Federal Reserve Board to create the Main Street Lending Program to promote lending to small- and medium-sized businesses affected by the pandemic.
On January 7, 2022, Ford was charged by information with fraudulently obtaining a Main Street Lending Program Loan for her business, Oliver & Olivia Apparel, Inc. Public documents filed in the case reflect that Ford obtained the loan from Citizens Bank of Edmond on September 11, 2020, and executed a loan agreement falsely representing she would use Main Street Lending Program funds for working capital and payroll only. She also falsely represented she would not make financial distributions to herself as the owner of Oliver & Olivia Apparel, Inc. The information further alleged that Ford laundered the loan proceeds by using them to pay for construction of her personal home. Other loan funds were used to purchase a luxury SUV for Ford’s personal use.
Today, Ford pleaded guilty to both charges in the information before U.S. District Judge Jodi D. Dishman. As part of her plea, Ford admitted that she made false representations in obtaining the Main Street Loan and laundering the proceeds by engaging in a financial transaction with those proceeds in an amount greater than $10,000. At sentencing, Ford faces up to 30 years in prison and a $1,000,000 fine for the bank fraud offense. She faces up to 10 years in prison and a $250,000 fine for the money laundering charge. She must pay a $200 special assessment and may be sentenced to a term of up to five years of supervised release following any term of imprisonment. Ford also agreed the court will enter a restitution order in the amount of $252,143.35. Sentencing will take place in approximately 90 days.
This case is the result of an investigation by the Special Inspector General for Pandemic Recovery (SIGPR), the Oklahoma City FBI Field Office, the Internal Revenue Service–Criminal Investigations, the United States Secret Service, the Federal Reserve Board Office of Inspector General, and the Small Business Administration Office of Inspector General. It is being prosecuted by Assistant U.S. Attorney Jessica L. Perry.
On May 17, 2021, the Attorney General established the COVID-19 Fraud Enforcement Task Force to marshal the resources of the Department of Justice in partnership with agencies across government to enhance efforts to combat and prevent pandemic-related fraud. The Task Force bolsters efforts to investigate and prosecute the most culpable domestic and international criminal actors and assists agencies tasked with administering relief programs to prevent fraud by, among other methods, augmenting and incorporating existing coordination mechanisms, identifying resources and techniques to uncover fraudulent actors and their schemes, and sharing and harnessing information and insights gained from prior enforcement efforts. For more information on the Department’s response to the pandemic, please visit https://www.justice.gov/coronavirus.
Anyone with information about allegations of attempted fraud involving COVID-19 can report it by calling the Department of Justice’s National Center for Disaster Fraud (NCDF) Hotline at 866-720-5721 or via the NCDF Web Complaint Form at: https://www.justice.gov/disaster-fraud/ncdf-disaster-complaint-form.
Reference is made to court filings for further information.
Grady County, Oklahoma Jail Officer Pleads Guilty to Using Excessive ForceRead the Press Release
OKLAHOMA CITY — Today, Johnnie Drewery, 27, a former Sergeant with the Grady County Jail, in Chickasha, Oklahoma, pleaded guilty to using unreasonable force against an inmate, thereby violating the inmate’s constitutional civil rights.
According to court documents and admissions Drewery made during the plea hearing, Drewery, on July 11, 2020, was involved with changing an inmate, D.H., into a suicide smock and then moving D.H. into a first floor holding cell. Drewery put D.H. into the holding cell and, as the cell door was closing, D.H. spit on Drewery. Drewery then screamed for the cell door to be reopened. When the cell door was unlocked, Drewery rushed into the cell and, in retaliation for being spit on, began to use his hands and knee to strike D.H, which resulted in D.H. suffering a fractured rib as a result of this assault.
"The defendant is being held accountable for using excessive force against a man inside of a jail cell who was not posing a threat at the time he was assaulted," said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. "The Civil Rights Division will continue to investigate and prosecute law enforcement officials who deprive individuals of their Constitutional rights by using excessive force against them."
"Law enforcement and corrections officers put their lives on the line every day to keep us safe," said U.S. Attorney Robert J. Troester for the Western District of Oklahoma. "But when an officer betrays the badge and the public’s trust, as the defendant did here, they dishonor their profession and endanger the safety of their fellow officers. I commend the OKC FBI Field Office and the entire prosecution team for their diligent work on this case."
"The FBI is the primary federal agency tasked with investigating violations of federal civil rights," said Special Agent in Charge Edward J. Gray of the FBI Oklahoma City Field Office. "Along with our partners at the Department of Justice, we work to protect the civil rights of all to ensure that individuals are treated fairly when they are in the custody of law enforcement. We take this responsibility seriously and will hold law enforcement officers accountable when they abuse their authority by using excessive force."
The crime Drewery pleaded guilty to carries a maximum sentence of 10 years imprisonment and a $250,000 fine. A sentencing will be set by the court in approximately 90 days.
The case was investigated by the Oklahoma City FBI Field Office. Assistant U.S. Attorney Julia E. Barry of the Western District of Oklahoma and Trial Attorney Laura Gilson of the Civil Rights Division are prosecuting the case.
U.S. Attorney’s Office Collects Nearly $8 Million in Civil and Criminal Actions in Fiscal Year 2021Read the Press Release
OKLAHOMA CITY – The United States Attorney’s Office for the Western District of Oklahoma collected $7,929,582 in criminal and civil actions and through asset forfeiture in Fiscal Year 2021, announced United States Attorney Robert J. Troester
Of the total amount, $5,324,445 was collected in criminal actions and $746,873 was collected in civil actions. In addition, through working with partner agencies and divisions, the U.S. Attorney’s Office collected $1,858,264 through asset forfeiture. 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.
"Despite the many challenges faced during the pandemic, our collection efforts demonstrate our continued commitment to upholding the rule of law, safeguarding taxpayer resources, and protecting the American people from exploitation and abuse," said United States Attorney Robert J. Troester. "I am proud that my team uses the tools Congress has provided to seek to recover money owed to victims in criminal cases and return taxpayer funds in civil cases."
Highlights of the Western District of Oklahoma’s FY2021 collection efforts include:
- $2,411,672.06 in criminal restitution was collected from Rocky Lemon. Lemon was convicted in 2007 of health care fraud and money laundering.
- A $325,000 Controlled Substances Act settlement in June 2021 with Albert T. Nguyen, M.D., owner, and sole physician at the Budget Medical Clinic in Oklahoma City. The United States alleged that Dr. Nguyen failed to issue prescriptions in the usual course of professional practice when he left pre-signed, blank prescriptions for non-physicians in his office to prescribe controlled substances to patients in violation of the Comprehensive Drug Abuse Prevention and Control Act of 1970 and its regulations. https://www.justice.gov/usao-wdok/pr/oklahoma-city-doctor-pays-325000-settle-civil-penalty-claims
- $113,000 in criminal restitution was collected in August 2021 from Stephanie Cunningham through bank garnishment. Cunningham was convicted in April 2021 of health care fraud and wire fraud.
- $107,386.31 in criminal restitution was collected from Gregory Lynn Cobbs through garnishment of Oklahoma County Sheriff’s Sale proceeds due his business, GL Cobbs and Company, LLC. Cobbs was a local home builder who was convicted in March 2019 of wire fraud. https://www.justice.gov/usao-wdok/pr/oklahoma-city-home-builder-sentenced-prison-and-ordered-pay-94147560
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 collected to federal and state victim compensation and victim assistance programs.
Robert J. Troester Appointed United States Attorney for the Western District of OklahomaRead the Press Release
OKLAHOMA CITY – Attorney General Merrick Garland appointed Robert J. Troester as the United States Attorney for the Western District of Oklahoma effective December 26, 2021. He took the oath of office from Chief United States District Judge Timothy D. DeGiusti last week.
"It is an honor to serve the great citizens of the Western District of Oklahoma and work every day to keep our communities safe," said U.S. Attorney Troester. "I am privileged to work with an incredibly talented team of professionals in the U.S. Attorney’s Office and exceptional state, local, tribal, and federal law enforcement partners, who are all dedicated to the mission of justice."
U.S. Attorney Troester had served as First Assistant U.S. Attorney and began a term appointment as the Acting U.S. Attorney under the Vacancies Reform Act on March 1, 2021, following the resignation of then-U.S. Attorney Timothy J. Downing. That term appointment expired on December 25, 2021. Under the Attorney General’s December 26, 2021 appointment, U.S. Attorney Troester now serves as the United States Attorney for a term of 120 days or until a Presidentially appointed U.S. Attorney is in place.
As United States Attorney, Troester serves as the chief federal law enforcement officer responsible for all federal criminal prosecutions and civil litigation involving the United States, federal agencies, and federal employees in the Western District of Oklahoma. The Western District is the largest of three judicial districts in Oklahoma and includes 40 of the 77 counties and including 21 federally recognized Indian tribes. The U.S. Attorney’s Office consists of nearly 100 staff members to accomplish this mission.
U.S. Attorney Troester has served in the Department of Justice since 1995. He has held multiple managerial positions throughout his career, including Acting U.S. Attorney on four occasions, First Assistant U.S. Attorney, Executive Assistant U.S. Attorney, and Chief of the Civil Division. He has also served in other capacities in Washington D.C., including Associate Deputy Attorney General, Sr. Counsel to the Deputy Attorney General, and Deputy Director of the Executive Office for U.S. Attorneys. Prior to joining the U.S. Attorney’s Office, Troester worked in private practice in Oklahoma City, in Oklahoma state government, and in local law enforcement at the Buffalo County Sheriff’s Office in Kearney, Nebraska.
For more information about the U.S. Attorney’s Office for the Western District of Oklahoma, please visit https://www.justice.gov/usao-wdok.
Justice Department Announces Global Resolution of Criminal and Civil Investigations with Privatized Military Housing Contractor for Defrauding U.S. MilitaryRead the Press Release
OKLAHOMA CITY – Yesterday, the Department of Justice announced a global resolution of its criminal and civil investigations into Balfour Beatty Communities LLC (BBC), one of the largest providers of privatized military housing to the U.S. Armed Forces, for defrauding the U.S. Air Force, U.S. Army, and U.S. Navy, in connection with a scheme to defraud the U.S. military.
BBC pleaded guilty to one count of major fraud against the United States in connection with a criminal information filed yesterday in the District of Columbia. U.S. District Judge Emmet G. Sullivan accepted the plea and sentenced BBC to pay over $33.6 million in criminal fines and over $31.8 million in restitution to the U.S. military, serve three years of probation, and engage an independent compliance monitor for a period of three years.
Separately, BBC also entered into a False Claims Act settlement with the United States to resolve its civil liability for $35.2 million. The amounts paid under the civil settlement will be credited against the amounts owed under BBC’s criminal plea.
"Instead of promptly repairing housing for U.S. servicemembers as required, BBC lied about the repairs to pocket millions of dollars in performance bonuses," said Deputy Attorney General Lisa O. Monaco. "This pervasive fraud was a consequence of BBC’s broken corporate culture, which valued profit over the welfare of servicemembers. Today’s global resolution sends a clear message to companies that if they do not maintain adequate compliance programs, voluntarily self-disclose misconduct, and fully cooperate with the government, they will pay a price that outweighs the profits they once reaped."
According to court documents, BBC was a diversified real estate services company, headquartered in Malvern, Pennsylvania, that operated privatized military housing communities at 21 U.S. Air Force, 18 U.S. Navy, and 16 U.S. Army bases across the United States, in which tens of thousands of service members and their families lived. BBC earned fees for the various phases of development and management of each housing community, from design and construction to ongoing community management and maintenance, and service members paid their living allowance, known as Basic Allowance for Housing, to BBC to live in these communities.
BBC’s fees for the ongoing property management and maintenance of its military housing communities generally consisted of a base fee, paid to BBC monthly, and performance incentive fees, paid to BBC quarterly or semi-annually. Performance incentive fees were only payable upon the approval of the relevant service branch. To obtain the incentive fees, BBC was required to submit to the service branches proof that it had satisfied performance objectives related to, among other things, maintenance of the housing communities and resident satisfaction. The service branches relied on BBC’s submissions in deciding whether to approve the payment of relevant performance incentive fees.
According to court documents, from around 2013 to around 2019, BBC employees, including former community manager Stacy Cabrera (who pleaded guilty to related charges on April 21) and former regional manager Rick Cunefare (who pleaded guilty to related charges on June 9), and others, falsified information so that BBC’s incentive fee requests falsely reflected that BBC had met performance objectives. In reality, BBC did not meet those objectives in many of the quarters during that time. These objectives primarily related to maintenance and resident satisfaction at various military housing projects. Specifically, BBC employees altered or manipulated data in property management software and destroyed and falsified resident comment cards to falsely inflate these metrics and, ultimately, to fraudulently induce the service branches to pay performance incentive fees which BBC had not earned.
As a result, according to court documents, there were lengthy and unnecessary delays in the resolution of maintenance issues to the detriment of servicemembers and their families. In addition, the military service branches were provided an inaccurate assessment of the state of BBC’s military housing communities and were unable to assess, and potentially correct, BBC’s performance.
A number of relevant considerations contributed to the department’s criminal resolution with BBC, including the nature and seriousness of the offense, the pervasiveness of the misconduct among BBC’s employees and at multiple military installations, and the state of BBC’s compliance program and the progress of its remediation, including the fact that BBC’s compliance program and internal controls have not been fully implemented or tested to demonstrate that they would prevent and detect similar misconduct in the future.
As part of BBC’s plea agreement, BBC agreed to cooperate fully with the United States in all matters relating to the conduct covered by the plea agreement and other conduct under investigation by the United States, to self-report violations of U.S. federal criminal law, and to continue to implement a compliance and ethics program designed to effectively detect and deter violations of U.S. anti-fraud laws throughout its operations.
"In defrauding our country's military services, BBC took advantage of their unique position as a military housing provider and put greed and personal profit above our servicemembers," said FBI Deputy Director Paul M. Abbate. "Today's guilty plea reaffirms the FBI, along with our partners, are committed to preventing such disgraceful crimes and will work tirelessly to bring those who engage in this type of crime to justice."
"The Air Force Office of Special Investigations is committed to protecting the integrity of the Department of the Air Force’s procurement process," said Special Agent Paul Wachsmuth, Director AFOSI Office of Procurement Fraud Investigations. "The extensive and dedicated collaborative efforts between AFOSI, the Air Force Audit Agency, Defense Criminal Investigative Service, and the Department of Justice in this investigation was paramount in ensuring the safety and well-being of our warfighters and their families."
"The health and safety of service members and their families remains of critical importance to the DoD Office of Inspector General's Defense Criminal Investigative Service (DCIS)," said Principal Deputy Director James R. Ives of DCIS. "DCIS and our law enforcement partners are committed to working with the Department of Justice to hold companies accountable when they emphasize profits over the well-being of those who honorably serve our nation."
"This judgment demonstrates the commitment CID Special Agents have to protect soldiers’ families against deceitfulness and fraud, while also ensuring the integrity of the military privatization housing initiative, which is to provide safe, quality, well-maintained housing for our military families," said Special Agent in Charge Frank Robey of the Army Criminal Investigation Division’s (CID) Major Procurement Fraud Unit. "Throughout this investigation, Army CID special agents worked closely with federal authorities emphasizing the importance of successful partnerships with other law enforcement agencies."
"Balfour Beatty’s scheme to delay service request entries into their electronic tracking system to increase their performance-based award violated their contract and wasted valuable taxpayer money," said Special Agent in Charge Thomas Cannizzo of the NCIS Southeast Field Office. "NCIS and our partners remain committed to rooting out fraud and corruption that threatens the integrity of the Department of the Navy’s procurement process."
"The men and women who live in our nation’s military housing, including those at Fort Stewart and Fort Gordon, deserve prompt and professional maintenance service from their housing providers," said U.S. Attorney David H. Estes for the Southern District of Georgia. "That BBC would not only fail to deliver this service, but also falsify information to line their own pockets is despicable. Our office will work tirelessly with our law enforcement partners, and other components of the Department of Justice, to make sure those who provide subpar service to the military and lie about it are held accountable."
"The Western District of Texas is home to some of the largest military installations in the country and our district works tirelessly to protect and serve our military families," said U.S. Attorney Ashley C. Hoff for the Western District of Texas. "The resolution entered with BBC concerns conduct that impacted military families in our district at Lackland Air Force Base and Fort Bliss Army Base. This resolution is an important step in holding private military housing providers accountable to our servicemembers and their families."
"The defendants’ greed undermined a program designed to protect servicemembers’ homes while they courageously fight to protect our homeland," said Acting U.S. Attorney Robert J. Troester for the Western District of Oklahoma. "Servicemembers and their families deserve better. The U.S. Attorney’s Office is committed to working with our law enforcement partners to protect our military community from fraudulent conduct of all kinds, particularly the integrity of DoD housing programs."
This resolution follows the prior entry of guilty pleas by two BBC managers. In April 2021, Stacy Cabrera, a former community manager of BBC, pleaded guilty to conspiracy to commit wire fraud. In June 2021, Rick Cunefare, a former regional manager of BBC, pleaded guilty to major fraud against the United States.
Air Force OSI, DCIS, Army-CID, NCIS, and the FBI’s Oklahoma City Field Office investigated the case. The Air Force Audit Agency also provided assistance.
Trial Attorneys Michael P. McCarthy and Siji Moore of the Department of Justice Criminal Division’s Fraud Section prosecuted the case. Trial Attorneys Laura E. Hill and Elspeth England of the Civil Division’s Fraud Section, Assistant U.S. Attorney Ron Gallegos of the U.S. Attorney’s Office for the Western District of Oklahoma, Assistant U.S. Attorneys Jonathan Porter and Patrick Schwedler of the U.S. Attorney’s Office for the Southern District of Georgia, and Assistant U.S. Attorneys Mary Kruger and Jacquelyn Christilles of the U.S. Attorney’s Office for the Western District of Texas handled the civil matter.
Former Army National Guard Member Sentenced to Serve 25 Years in Federal Prison for Production of Child PornographyRead the Press Release
On June 11, 2021, Baldwin pleaded guilty to production of child pornography as charged in Count 1 of the Indictment. As part of his plea, Baldwin admitted that he set up a hidden camera in a bathroom and recorded a child change clothes and take a shower. He further admitted that he transmitted images of the recording outside Oklahoma using the Internet.
Today, Senior U.S. District Judge Joe Heaton sentenced Baldwin to serve 300 months in federal prison for his conduct, followed by 10 years of supervised release. In imposing the sentence, Judge Heaton noted the history and characteristics of the defendant, and the serious nature and circumstances of the offense, specifically highlighting the exploitation of those who are most vulnerable
This case is the result of an investigation by Homeland Security Investigations – Oklahoma City. Assistant U.S. Attorney Bow Bottomly prosecuted the case.
This case is part of Project Safe Childhood, a nationwide initiative by the Department of Justice (DOJ) to combat child sexual exploitation and abuse. Led by U.S. Attorney’s Offices and the DOJ Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend, and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
Reference is made to court filings for further information.
Moore Man Pleads Guilty to Possessing Child PornographyRead the Press Release
OKLAHOMA CITY – MATTHEW DOUGLAS ARMISTEAD, age 62, of Moore, Oklahoma, pleaded guilty yesterday to possession of material containing child pornography that involved a prepubescent minor.
On December 8, 2021, Mr. Armistead was charged by a superseding information with possessing an external hard drive containing child pornography that involved a prepubescent minor. On July 6, 2021, a federal grand jury sitting in the Western District of Oklahoma returned a one-count Indictment that charged Mr. Armistead with knowing receipt of child pornography.
Yesterday, Mr. Armistead pleaded guilty before U.S. District Judge Patrick Wyrick to the same charge alleged in a Superseding Information. As part of his plea, Mr. Armistead admitted that he possessed an external hard drive containing images of child pornography that involved a prepubescent minor in August 2021.
Mr. Armistead faces up to 20 years in prison, a $250,000 fine, at least five years of supervised release, and a $22,100 special assessment. Sentencing will take place in approximately 90 days. Mr. Armistead will have to register as a sex offender under the Sex Offender Registration and Notification Act.
This case is the result of an investigation by the United States Postal Inspection Service. It is being prosecuted by Assistant U.S. Attorney Bow Bottomly.
This case is part of Project Safe Childhood (PSC), a nationwide initiative by the Department of Justice (DOJ) to combat child sexual exploitation and abuse. Led by U.S. Attorney’s Offices and the DOJ Child Exploitation and Obscenity Section, PSC marshals federal, state, and local resources to better locate, apprehend, and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about PSC, please visit www.justice.gov/psc.
Reference is made to court filings for further information.
Former Employee of Norman Based Oil and Gas Company Pleads Guilty to Forging Company Checks Resulting in a Loss to the Company of More Than $830,000Read the Press Release
OKLAHOMA CITY – Today, RONALD DAVID KIRKPATRICK II, age 51, of Norman, pleaded guilty to uttering forged securities, in connection with his taking over $830,000 from a Norman based oil and gas exploration company, announced Acting U.S. Attorney Robert J. Troester.
On July 7, 2020, Kirkpatrick was charged by Indictment of 10 counts of bank fraud, 10 counts of uttering forged securities, and four counts of aggravated identity theft. Public records reflect that from 2007 through October 2018, Kirkpatrick worked at a Norman based oil and gas exploration company as an accountant.
Today, Kirkpatrick pleaded guilty to writing a forged check from his company’s bank account made payable to himself, in the amount of $7,275, in August 2018. At today’s change of plea hearing, Kirkpatrick admitted that he used this method of forging checks to take money from his former employer from 2015 through 2018, and he stipulated that the total loss to the company resulting from his conduct was $831,372.82. Public records allege Kirkpatrick used the proceeds from the forged checks to pay for vacations, car purchases, and to buy inventory for a business he planned to open. He admitted today he used the proceeds from his scheme for personal gain.
At sentencing, Kirkpatrick faces up to 10 years in federal prison, plus three years of supervised release, and a $250,000 fine. As part of the plea agreement, Kirkpatrick agreed to pay restitution to the oil and gas company in the amount of $831,372.82. Kirkpatrick will be sentenced in approximately 90 days.
This case is the result of an investigation by the FBI’s Oklahoma City Field Office. The case is being prosecuted by Assistant U.S. Attorney Bow Bottomly.
Reference is made to the information and other public filings for further information.
Justice Department Awards More Than $17.5 Million to Support Project Safe NeighborhoodsRead the Press Release
OKLAHOMA CITY – The Department of Justice announced today that it has awarded more than $17.5 million in grants to support the Project Safe Neighborhoods (PSN) Program. Funding will support efforts across the country to address violent crime, including the gun violence that is often at its core. The Office of the Oklahoma Attorney General was awarded $326,903 to administer PSN grant funds in Oklahoma. Acting U.S. Attorney Clinton J. Johnson for the Northern District of Oklahoma, Acting U.S. Attorney Robert J. Troester for the Western District of Oklahoma, and Acting U.S. Attorney Christopher J. Wilson for the Eastern District of Oklahoma, joined in the announcement.
The Bureau of Justice Assistance (BJA), part of the department’s Office of Justice Programs (OJP), will administer the 88 grant awards, which are being made to designated fiscal agents to support local PSN projects that work in partnership with U.S. Attorneys’ Offices. With approval from BJA, the Fiscal Agent will begin the process of making subawards for PSN grant projects.
"This latest Project Safe Neighborhoods grant is critical to addressing the violent crime threatening cities and towns all across our country," said Deputy Attorney General Lisa O. Monaco. "Ensuring the safety of all Americans is the highest priority for the Department of Justice, but when it comes to violent crime, there is not a one-size-fits-all solution. We have to work closely with local public safety agencies as well as community organizations to craft individual strategies unique to each community’s needs. Programs like Project Safe Neighborhoods and the funding it provides allow us to do just that."
"Violent crime impacts communities throughout Oklahoma. This grant funding will continue to allow our Offices to coordinate with the Oklahoma Attorney General’s Office and our law enforcement partners to reduce violence and build confidence in the communities we collectively serve," said Acting U.S. Attorneys Johnson, Troester, and Wilson. "Together with the Attorney General’s Office, we are devoted to safeguarding Oklahomans, disrupting violent crime, and forging new pathways to address underlying issues that may trigger violent conduct throughout the State."
"My top priority as Attorney General is the safety of all Oklahomans," said Oklahoma Attorney General John O’Connor. "The Project Safe Neighborhoods grants will allow our office, in partnership with the U.S. Attorneys’ Offices, to prevent and fight violent crime in our great state."
"Investing in our communities, supporting victims and building a justice system that both keeps people safe and earns their trust – these are mutually reinforcing goals that stand at the heart of Project Safe Neighborhoods," said Principal Deputy Assistant Attorney General Amy L. Solomon for OJP. "The Office of Justice Programs is pleased to join with our U.S. Attorneys’ Offices, and with jurisdictions across the country, as we work together to meet the challenges of crime and violence and achieve our shared aspirations of public safety and community trust."
In May 2021, Attorney General Merrick B. Garland announced a new effort to reduce violent crime, including the gun violence that is often at its core. Integral to that effort was the reinvigoration of PSN, a two-decade old evidence-based and community-oriented program focused on reducing violent crime. The updated PSN approach, outlined in the department’s Comprehensive Strategy for Reducing Violent Crime issued by Deputy Attorney General Monaco, is guided by four key principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence, setting focused and strategic enforcement priorities and measuring the results of our efforts. The fundamental goal is to reduce violent crime, not simply to increase the number of arrests or prosecutions.
This fall, U.S. Attorney’s Offices across the country have enhanced their violent crime reduction efforts to ensure alignment with the department’s comprehensive violent crime reduction strategy. U.S. Attorneys’ Offices have engaged in outreach to law enforcement and other agencies and organizations serving communities to identify the most significant drivers of violence in their districts. Working together with a broad coalition of stakeholders, the U.S. Attorneys’ Offices are addressing the most pressing violent crime issues in their district to make our neighborhoods safer for all.
PSN programs are led by U.S. Attorneys’ Offices in collaboration with local public safety agencies, community stakeholders and other agencies and organizations that work to reduce violent crime.
For a list of all grantees, please visit: https://www.ojp.gov/sites/g/files/xyckuh241/files/media/document/FY21-Project-Safe-Neighborhoods-Awards.pdf.
Former President of First Mortgage Company Sentenced to Serve 104 Months in Federal Prison and Pay More Than $51.8 Million in Restitution to VictimsRead the Press Release
OKLAHOMA CITY – RONALD J. MCCORD, 71, of Oklahoma City, was sentenced this morning to serve 104 months in prison for defrauding locally-based banks, Fannie Mae, homeowners, and others through a broad range of fraudulent conduct, announced Acting U.S. Attorney Robert J. Troester. McCord was also ordered to pay $51,861,806.40 in restitution to the victims of his fraudulent schemes.
"This was a carefully calculated scheme by which the defendant defrauded local banks out of tens of millions of dollars, made false statements to a financial institution, diverted escrow monies intended to pay homeowners’ taxes and insurance premiums to cover his company's operating expenses, and then laundered the proceeds to fund his lavish lifestyle," said Acting U.S. Attorney Troester. "This sentence should serve as notice that those who defraud financial institutions for personal gain will be held accountable."
On June 3, 2020, a grand jury returned a 24-count Indictment against McCord. The charges included bank fraud, money laundering, and making a false statement to a financial institution. McCord was the Chairman and founder of First Mortgage Company, LLC ("FMC"), an Oklahoma City-based mortgage lending and loan servicing company. In May 2021, McCord pleaded guilty to five counts of that Indictment. McCord admitted to defrauding Spirit Bank ("Spirit") and Citizens State Bank ("Citizens")—two state-chartered financial institutions—as well as their respective residential mortgage subsidiaries, American Southwest Mortgage Corporation ("Mortgage Corp.") and American Southwest Mortgage Funding Corporation ("Funding Corp."). An independent audit discovered that McCord had sold more than $14,100,000.00 in Spirit/Mortgage Corp. and Citizens/Funding Corp. loans "out of trust" by failing to repay Spirit/Mortgage Corp. when certain Spirit/Mortgage Corp.-initiated loans were refinanced or otherwise paid off. At the time of this discovery, FMC carried outstanding balances of about $200,000,000.00 and $140,000,000.00 on the Spirit/Mortgage Corp. and Citizens/Funding Corp. lines of credit, respectively.
Upon learning of McCord’s conduct, Spirit/Mortgage Corp. and Citizens/Funding Corp. terminated future warehouse lending to FMC, and instituted new notification requirements that required McCord to assign FMC-funded mortgages to Spirit/Mortgage Corp. and Citizens/Funding Corp., to ensure the title companies handling those mortgages sent payoffs directly to the banks. McCord admitted at his change of plea hearing that he filed the assignments as required, but then caused the mortgages to be released on two properties—in Leland and Denver, North Carolina—after collecting the mortgage payoffs.
Spirit/Mortgage Corp. and Citizens/Funding Corp.’s refusal to fund new FMC mortgages prompted McCord to seek out a new warehouse lender. In early 2017, McCord began negotiating with CapLOC, LLC, a North Carolina-based mortgage lending business, and offered to sell FMC’s mortgage lending business in exchange for quick funding from CapLOC. McCord admitted that he made a materially false statement and representation to CapLOC in the course of those negotiations, in order to influence CapLOC’s actions.
Finally, in 2017, FMC serviced approximately 12,000 loans worth a total of approximately $1,800,000,000.00 for the Federal National Mortgage Association (“Fannie Mae”). McCord admitted at his plea hearing that he defrauded Fannie Mae by diverting escrow monies intended to pay homeowners’ taxes and insurance premiums to cover FMC’s operating expenses. McCord also admitted that he then laundered the proceeds by causing a wire transfer from FMC’s operating account to a custom home builder, as payment towards construction of McCord’s vacation home in Colorado.
At today’s sentencing hearing, the Honorable Robin J. Cauthron found that McCord caused a total loss of more than $95,000,000.00 to local banks, other financial institutions, and borrower homeowners. Judge Cauthron heard statements from representatives of three of those victims, as well as argument from both parties, before rendering the 104-month sentence. The Court ordered McCord to self-surrender to the Federal Bureau of Prisons on January 6, 2022 to commence his term of imprisonment. The Court also ordered McCord to serve three years of supervised release following his term of incarceration.
This case was the result of investigations by the Federal Housing Finance Agency – Office of the Inspector General, the Federal Deposit Insurance Corporation – Office of Inspector General, and the FBI Oklahoma City Field Office. Assistant U.S. Attorney Julia E. Barry prosecuted the case.
Reference is made to court filings for further information.
Federal Jury Convicts Norman Car Dealership Executives of Wire Fraud Conspiracy, Forgery, and Identity TheftRead the Press Release
OKLAHOMA CITY – On Friday, November 19, 2021, a federal jury convicted BOBBY CHRIS MAYES, 49, CHARLES GOOCH, 63, and COURTNEY WELLS, 36, all residents of Norman, of multiple counts of wire fraud, conspiracy, issuing forged securities, and aggravated identity theft, announced Robert J. Troester, Acting United States Attorney for the Western District of Oklahoma.
On September 16, 2020, a federal grand jury returned an indictment alleging that from January 2014 to March 2019, Mayes, Gooch, and Wells used their positions as co-owners of the Big Red Dealerships (Big Red Sports/Imports, Big Red Kia, Norman Yamaha, Norman Mitsubishi, and Mayes Kia) to engage in a conspiracy to commit wire fraud in which they sought to obtain millions of dollars of loan proceeds. The indictment further alleged that the defendants made materially false statements and omissions to lenders about the type, source, and amount of borrowers’ down payments or vehicle trade-ins, and bribed at least one loan officer.
The trial began on November 2, 2021, before Senior United States District Judge Stephen P. Friot, and the federal jury returned its verdict on Friday, November 19, 2021. At trial, the jury heard testimony that the Big Red Dealerships used advertisements to target potential customers with poor credit and that Mayes, Gooch, and Wells then fraudulently induced lenders to approve loans for such customers by documenting that the customers provided cash down payments and/or trade-in vehicles when that was untrue. Twelve different Big Red Dealership customers testified about their experiences buying cars at the Big Red Dealerships, along with several former employees and representatives of several lenders. In some circumstances, the purported cash down payment was simply fictitious, and the Big Red Dealerships referred to those cash down payments as “King Cash” on internal documents. The jury also heard testimony that in late 2014, one lender discovered these fake cash down payments, and Mayes emailed threats to the CEO of that lender in an effort to stop the lender from further investigating the Big Red Dealerships.
Evidence at trial also showed that from February 2015 until late 2017, the Big Red Dealerships continued to document fictitious cash down payments for lenders. During that time period, for at least 519 customers, the down payment was purportedly based on a pawned item provided to Norman Pawn & Gun, a pawn shop owned by Gooch and located in a building owned by Mayes, although it was never open for business and never had any employees. After loan proceeds were received from lenders, Big Red Dealership employees generated checks to the customers, forged the customers’ signatures on the backs, deposited the checks in Big Red Dealership accounts, and fully reimbursed Norman Pawn & Gun for the purported down payments. The jury also heard that the Big Red Dealerships falsely documented vehicle trade-ins for lenders to approve loans. On at least 542 occasions, the vehicle was never provided to the Big Red Dealerships and a separate transaction was documented—unbeknownst to the lender—in which the trade-in vehicle was resold to the customer for a dollar. Finally, the jury heard testimony that at least one lender approved questionable loans—for up to two to three times’ the value of vehicles being purchased—after a Big Red Dealership manager gave cash bribes to a loan officer and the Big Red Dealerships provided fake invoices to justify the inflated prices.
The jury convicted all three defendants of conspiring to commit wire fraud, alleged as Count 1 of the indictment. The jury convicted Mayes and Gooch with 12 counts of wire fraud based on false information sent to lenders for 12 specific customers, as alleged in Counts 2-13. The jury convicted Wells of six of those counts of wire fraud. For each conviction charged as Counts 1-13, each defendant faces up to 20 years in prison and a $250,000.00 fine.
The jury convicted all three defendants of six counts of uttering forged securities based on Norman Pawn & Gun checks forged by Big Red Dealership employees, as alleged in Counts 14-19 of the indictment. For Counts 14-19, each defendant faces up to 10 years in prison and a $250,000 fine.
The jury convicted all three defendants of six counts of aggravated identity theft, as alleged in Counts 20-25 of the indictment, for using the signatures of six customers without lawful authority. For Counts 20-25, each defendant faces a mandatory term of imprisonment of two years to run consecutive to any other term of imprisonment and a $250,000 fine. Sentencing will take place in approximately 90 days.
This case is the result of an investigation by FBI’s Oklahoma City Field Office. Assistant U.S. Attorneys K. McKenzie Anderson and Thomas Snyder are prosecuting the case.
Reference is made to court filings for further information.
Former Kay County Oklahoma Supervisory Corrections Officer Indicted for Civil Rights ViolationsRead the Press Release
OKLAHOMA CITY—A federal grand jury has returned a three-count indictment charging a former Kay County Oklahoma supervisory corrections officer with federal civil rights violations, announced Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division and Acting U.S. Attorney Robert Troester of the Western District of Oklahoma.
The indictment alleges that on May 18, 2017, Matthew Ware, while acting in his official capacity as a supervisory corrections officer of the Kay County Detention Center (KCDC) in Newkirk, Oklahoma, was deliberately indifferent to a substantial risk of serious harm to two pretrial detainees, identified in the indictment only as D.W. and M.M. According to the indictment, Ware ordered KCDC corrections officers to move D.W. and M.M. to a cell row housing inmates whom Ware knew posed a danger to D.W. and M.M., and then ordering corrections officers to unlock the jail cells of D.W., M.M., and those other inmates at the same time. Corrections officers followed Ware’s orders, and D.W. and M.M. were physically attacked by the other inmates. D.W. and M.M. sustained bodily injury as a result.
The indictment further alleges that on January 31, 2018, Ware, while acting in his official capacity as a supervisory corrections officer of the KCDC, violated the constitutional rights of a pretrial detainee, identified in the indictment only as C.D., by ordering KCDC corrections officers to apply restraints to C.D. in an unreasonable manner. C.D. sustained bodily injury as a result.
If convicted, Ware faces a maximum sentence of 10 years in prison, three years of supervised release, and a fine of up to $ 250,000 on each count.
The case was investigated by the Oklahoma City FBI Field Office. Assistant U.S. Attorney Julia Barry of the Western District of Oklahoma and Trial Attorney Laura Gilson of the Civil Rights Division are prosecuting the case.
An indictment is a formal accusation of criminal conduct, not evidence of guilt. The defendant is presumed innocent unless proven guilty.
Former Metro Elementary School Employee Pleads Guilty to Producing Child Pornography Using a Student and to Possession of Child PornographyRead the Press Release
OKLAHOMA CITY — Today, GREG ALLEN HENKE, 41, of Oklahoma City, pleaded guilty to sexual exploitation of a child and to possession of child pornography, announced Acting U.S. Attorney Robert J. Troester.
On May 13, 2021, FBI agents arrested Henke in Oklahoma City after he met with an undercover agent to attempt to engage in sexual activities with children. He has been in federal custody since his arrest. Prior to his arrest, Henke was employed at Highland Park Elementary School in the Mid-Del school district.
On June 1, 2021, a federal grand jury returned an Indictment against Henke, charging him with attempted receipt of child pornography and attempted coercion and enticement of a minor. That Indictment alleged that on or about May 10, 2021, Henke knowingly attempted to receive child pornography using a means and facility of interstate and foreign commerce. The Indictment further alleged that, between April 1, 2021 and about May 13, 2021, Henke used a cell phone and the internet to attempt to persuade, induce, entice, and coerce a minor to engage in sexual activity.
On September 7, 2021, a federal grand jury returned a Superseding Indictment against Henke. The Superseding Indictment added to the original Indictment one charge of possession of material containing child pornography and two charges of production of child pornography. Specifically, the Superseding Indictment alleges that between 2019 and 2021, Henke used two minor students at Highland Park Elementary School to engage in sexually explicit conduct. The Superseding Indictment alleged that Henke used his cell phone to capture the sexually explicit conduct.
At a plea hearing today, Henke pleaded guilty to one count of producing child pornography using a student, while he was a paraprofessional at Highland Park Elementary School. Henke also pleaded guilty to possessing child pornography on several electronic devices. As part of a plea agreement, the United States agreed to dismiss at sentencing the remaining charges.
At sentencing, which is anticipated to take place in about 90 days, Henke faces a maximum penalty of 50 years in federal prison, in addition to a term of supervised release for not less than five years and up to life. The plea of guilty to producing child pornography carries a mandatory minimum term of 15 years in federal prison.
This case is the result of an investigation by the Federal Bureau of Investigation - Oklahoma City Field Division. Assistant U.S. Attorney Bow Bottomly is prosecuting the case.
This case is part of Project Safe Childhood, a nationwide initiative by the Department of Justice (DOJ) to combat child sexual exploitation and abuse. Led by U.S. Attorney’s Offices and the DOJ Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend, and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
Reference is made to public records for more information.