Western District of Oklahoma
Press releases recorded for this federal judicial district.
Two Oklahoma City Men Plead Guilty to Child Sex TraffickingRead the Press Release
OKLAHOMA CITY – Yesterday, ROLANDO CIFUENTES-LOPEZ, 36, and ERI LEONARDO CIFUENTES-LOPEZ, 40, both of Oklahoma City, entered guilty pleas to charges of child sex trafficking, announced U.S. Attorney Timothy J. Downing.
According to separate indictments returned, each defendant obtained, solicited, and patronized two minor victims after having had a reasonable opportunity to observe them and knowing and in reckless disregard of the fact that each minor would be caused to engage in a commercial sex act. The indictment against Rolando Cifuentes-Lopez alleged he engaged in this conduct from November 2016 to January 18, 2019. The indictment against Eri Cifuentes-Lopez alleges he engaged in this conduct from January 2018 to January 18, 2019. Eri Cifuentes-Lopez is also charged with illegally re-entering the United States; he was removed from the country on November 2, 2005, and was found in the United States on November 20, 2019, without the consent of the Attorney General or the Secretary of Homeland Security.
According to court documents, FBI and Oklahoma City Police Department investigators determined that Rolando Cifuentes-Lopez owned the trailer where the two minor victims lived and threatened to evict their family if they did not comply with requests for sex. He allegedly had sex on multiple occasions with each of the minors, who were as young as 14, in exchange for cash or reduced rent. Eri Cifuentes-Lopez also allegedly had sex with each of the minors for cash.
Both men were arrested by Homeland Security Investigations after traffic stops on November 20, 2019, and have been in federal custody since that time.
At sentencing, which will be in approximately 90 days, each defendant faces a mandatory punishment of at least ten years and up to life in prison. If sentenced to less than life, they would be required to comply with terms of supervised release for at least five years and up to life and be required to register as sex offenders. In addition, Eri Cifuentes-Lopez also faces up to twenty years in prison for re-entering the United States illegally. Each defendant could also be fined up to $250,000 on each count and be ordered to pay restitution to trafficking victims.
Two other defendants in this investigation have entered guilty pleas to child sex trafficking. On August 28, 2019, Wilson Leonel Gramajo-Maldonado, 29, of Oklahoma City, pleaded guilty to a superseding information that charged him with obtaining the two minor victims for commercial sex acts between June 2018 and January 18, 2019. On September 5, 2019, Natalie Dawn Halbert pleaded guilty to two counts of child sex trafficking, one for each of the minors. She admitted before U.S. District Judge Charles Goodwin that she maintained the minors between November 2018 and January 18, 2019; provided them with condoms; and caused them to engage in commercial sex acts. Both of these other defendants face a mandatory punishment of at least ten years and up to life in prison. Both are in the custody of the U.S. Marshals Service.
These charges are the result of an investigation by the Federal Bureau of Investigation—Oklahoma City Field Office, the Oklahoma City Police Department, and U.S. Homeland Security Investigations. Assistant U.S. Attorneys K. McKenzie Anderson and Mary E. Walters are prosecuting the case.
Reference is made to public filings for more information.
Former Owner of Oklahoma City Mail and Shipping Store Sentenced to 42 Months in Prison for Conspiracy and Identity TheftRead the Press Release
OKLAHOMA CITY – Earlier today, JOSHUA RAY CAMPBELL, 41, formerly of Oklahoma City, was sentenced to serve 42 months in prison for conspiracy to commit theft or receipt of stolen mail and aggravated identity theft, announced United States Attorney Timothy J. Downing.
According to a superseding information, Campbell was the owner of a commercial mail receiving business in Oklahoma City that offered private mailbox rentals. Campbell and others engaged in a conspiracy to steal mail from mailboxes at his business and from mailboxes around Oklahoma City for the purpose of converting stolen mail to cash and for the purpose of stealing mail recipients’ identities. Campbell additionally used the identity of one of his victims, specifically his victim’s name, PIN number, and bank account information, during and in relation to the crime of bank fraud.
On October 7, 2019, Campbell entered a plea of guilty to one count of conspiracy to commit theft or receipt of stolen mail and one count of aggravated identity theft in relation to bank fraud.
Today, U.S. District Judge Joe Heaton sentenced Campbell to serve a total of 42 months in prison, followed by a 3-year term of supervised release. Campbell must also pay restitution of $49,154.33 to his victims.
Campbell’s co-conspirator Gena Michele Walker was sentenced on September 28, 2018, to serve 21 months in prison after pleading guilty to conspiracy to possess stolen mail.
These charges are the result of an investigation by the U.S. Postal Inspection Service, the Oklahoma City Police Department, the Nicoma Park Police Department, the Village Police Department, and the Edmond Police Department. It was prosecuted by Assistant U.S. Attorney William E. Farrior.
Moore Woman Sentenced to 18 Months in Prison for Embezzling More Than $175,000 from Former EmployerRead the Press Release
OKLAHOMA CITY – ANNIKA MARTIN, a.k.a. ANNIKA SCOTT, 35, of Moore, Oklahoma, was sentenced to a 18 months in prison yesterday for embezzling more than $175,000.00 from an Oklahoma City business that specialized in cooling tower and industrial plant repairs.
According an Information filed on July 9, 2019, the business hired Martin back in 2010 as an office accounting assistant. Martin was later promoted, and worked as head office accountant at the business from 2012 until she was fired in August 2016. During her tenure as head accountant, Martin prepared an unauthorized check to be drawn on a business checking account to purchase three money orders, which she used for lifestyle expenses, including a car loan payment. Additional filings in the case detail how, in addition to stealing business checks, Martin gave herself unauthorized pay raises, paid herself overtime salary and vacation that she did not work or earn, reimbursed herself for work expenses that she did not incur, and used a company credit card for personal purchases.
On August 13, 2019, Martin pleaded guilty to the Information. At a hearing yesterday morning, U.S. District Judge Patrick Wyrick sentenced Martin to 18 months’ imprisonment. Martin must also pay restitution in the amount of $175,294.63 to the business.
These charges are the result of an investigation by the Federal Bureau of Investigation and the Oklahoma City Police Department. It was prosecuted by Assistant U.S. Attorney Julia E. Barry.
Illegal Alien Sentenced to Five Years in Prison for Drug Trafficking and Firearm PossessionRead the Press Release
OKLAHOMA CITY – ARTURO DOMINGO CORRALES-VAZQUEZ, 28, of Eldorado, Sinaloa, Mexico, has been sentenced to serve 60 months in prison for possessing methamphetamine with intent to distribute, as well for being an illegal alien in possession of a firearm, announced U.S. Attorney Timothy J. Downing.
Corrales-Vazquez was indicted in June 2018 with four counts—possession of methamphetamine with intent to distribute, possession of a firearm in furtherance of a drug-trafficking crime, illegal alien in possession of a firearm, and maintaining a drug-involved premises—all of which stemmed from his May 8, 2018, arrest by Oklahoma City Police Department officers following a search of Corrales-Vazquez’s residence turned up 5.7 kilograms of methamphetamine, a Mossburg 500 shotgun with a pistol grip, and just over $49,000 in drug proceeds. Corrales-Vazquez, who had been previously removed to Mexico once before, subsequently admitted to his involvement and told law enforcement that that the drugs were imported from Mexico.
On July 26, 2018, Corrales-Vazquez pled guilty to possession of methamphetamine with intent to distribute and being an illegal alien in possession of a firearm. On March 5, 2020, Senior U.S. District Judge Robin J. Cauthron sentenced Corrales-Vazquez to serve 60 months in prison followed by four years of supervised release. Following his release from prison, Corrales-Vazquez will be subject to deportation proceedings.
This case is the result of an investigation by the Oklahoma City Police Department and the Drug Enforcement Administration, with assistance from the U.S. Marshals Service. Assistant U.S. Attorney David McCrary prosecuted the case.
This case is part of the work of the Organized Crimes and Drug Enforcement Task Force, the Department of Justice’s signature initiatives to address and reduce drug-related criminal activity.
Postal Clerk Sentenced to Jail Time for Embezzling Postal Funds and Making False RecordsRead the Press Release
OKLAHOMA CITY – JAMES BRYAN BARNES, 53, of Norman, has been sentenced to a 24-month term of probation for embezzling postal funds and making false postal record entries, announced United States Attorney Timothy J. Downing. As a condition of his probation, Barnes will be required to serve 72 days in prison.
According to a second superseding indictment, Barnes was the lead Sales and Service Associate at the Midwest City Branch Post Office when he conducted a scheme to steal postal funds by taking cash for stamps without properly accounting for the sales. He was charged with one count of embezzlement of postal funds in excess of $1,000, one count of theft of government money in excess of $1,000, and four counts of making false entries in the U.S. Postal Service’s records.
On July 11, 2019, a jury convicted Barnes on those six counts. The jury heard that Barnes made false record entries into his cash register at least 178 times from October 2015 through June 2018 and took almost $3,000 belonging to the Postal Service.
On March 5, 2020, U.S. District Judge David L. Russell sentenced Barnes to 24 months of probation. As a condition of probation, Barnes is required to serve 72 days of incarceration on weekends. Barnes must also pay restitution of $2,950.67 to the United States Postal Service.
These charges are the result of an investigation by the U.S. Postal Service—Office of Inspector General. The case is being prosecuted by Assistant U.S. Attorneys William E. Farrior and Nick M. Coffey.
Edmond Man Charged with Illegal Smuggling of Firearms to the Middle EastRead the Press Release
OKLAHOMA CITY – RANDY LEW WILLIAMS, 57, of Edmond, Oklahoma, has been charged for illegally shipping firearms to the Middle East, announced U.S. Attorney Timothy J. Downing.
According to an affidavit in support of a criminal complaint filed on March 3, 2020, the Federal Bureau of Investigation (FBI) Legal Attaché in Abu Dhabi, United Arab Emirates notified the FBI Oklahoma City Field Office that a FedEx shipment had been seized on December 19, 2018. The shipment contained multiple Glock pistols and firearms parts, and shipment records indicated the shipment was sent from Williams, at an address in Oklahoma City. Records also indicated the shipment contained tools and that the intended recipient was located in Sulaymaniyah, Iraq. The affidavit further explained that FBI authorities later learned that between January 2018 and October 2018, Williams received approximately $12,761.00 in wire transfers from Sweden. The affidavit states that Williams did not have a Federal Firearms License (FFL) from the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) or authority from the Department of Defense to export defense articles (i.e., weapons) outside the United States.
The defendant was arrested yesterday and made his initial appearance today before U.S. Magistrate Judge Gary M. Purcell. The criminal complaint charges Williams with four criminal counts: 1) shipping firearms in foreign commerce without a license, 2) shipping firearms in foreign commerce without notifying the carrier, 3) illegally smuggling firearms from the U.S., and 4) conspiracy to smuggle firearms from the U.S.
If found guilty of counts 1, 2, or 4, the defendant faces a maximum potential penalty of 5 years in prison and a fine of up to $250,000.00. If found guilty of count 3, the defendant faces a maximum potential penalty of 10 years in prison and a fine of up to $250,000.00. Each count carries a term of supervised release of not more than three years.
This case is a result of an investigation by the FBI—Oklahoma City Field Office, the ATF, and the U.S. Department of Homeland Security Investigations, with assistance from the U.S. Customs and Border Patrol, the U.S. Department of State, the U.S. Postal Inspection Service, the Oklahoma City Police Department, and the Edmond Police Department. Assistant U.S. Attorneys Matt Dillon and Mark Stoneman are prosecuting the case.
The public is reminded that these charges are merely allegations and the defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt.
Reference is made to public filings for more information. To download a photo of U.S. Attorney Downing, click here.
Oklahoma City Bank Robbery Suspect ArrestedRead the Press Release
OKLAHOMA CITY – KEITH LAMAR CARTER, 38, of Oklahoma City, has been arrested and charged with robbing the Credit Union One bank, announced U.S. Attorney Timothy J. Downing.
According to an affidavit in support of a criminal complaint filed on February 13, 2020, Carter entered Credit Union One located at 3300 North Lincoln Boulevard in the morning on Monday, December 23. He allegedly handed a demand note to a teller, who provided approximately $2,260.00 to Carter. Carter then fled on a BMX style bicycle. After bank surveillance photos were published in the media and additional investigation was conducted, law enforcement received information that pointed to Carter. He was arrested in Oklahoma City on February 25 and made an initial appearance the next day. Today, after a detention hearing, U.S. Magistrate Judge Gary Purcell detained Carter pending trial.
If found guilty of bank robbery, Carter faces a maximum potential penalty of twenty years in prison, three years of supervised release, a fine of $250,000, and mandatory restitution.
This case is a result of an investigation by the Federal Bureau of Investigation—Oklahoma City Division and the Oklahoma City Police Department. Assistant U.S. Attorneys Ashley Altshuler and Stan West are prosecuting the case.
The public is reminded that this charge is merely an allegation and that Carter is presumed innocent unless and until proven guilty beyond a reasonable doubt.
Reference is made to public filings for more information. To download a photo of U.S. Attorney Downing, click here.
Former Chandler Police Officer Pleads Guilty to Illegal Possession of Firearm SilencersRead the Press Release
OKLAHOMA CITY – STEVEN BRADLEY SIMON, 47, of Chandler, has pleaded guilty to illegal possession of firearm silencers, announced U.S. Attorney Timothy J. Downing.
A Superseding Indictment returned by the Grand Jury on January 21, 2020, charged Simon with two counts of illegal possession of firearm silencers. Simon pleaded guilty to these two counts on February 11, 2020, before Senior U.S. District Judge Joe Heaton. He admitted that he had failed to register the firearm silencers in the National Firearms Registration and Transfer Record and that the firearm silencers did not contain identifying information as required by federal law.
Each count of conviction carries a term of imprisonment of up to 10 years, a fine of up to $250,000, and a term of up to three years of supervised release. Sentencing will take place in approximately 90 days.
This case is a result of an investigation by the Bureau of Alcohol, Tobacco, Firearms and Explosives, with assistance from the Chandler Police Department and the Lincoln County Sheriff’s Office. The case is being prosecuted by Assistant U.S. Attorney Nick Coffey.
Reference is made to public filings for more information.
Oklahoma United States Attorneys Share National Concerns with Sanctuary City PoliciesRead the Press Release
The United States Attorneys from Oklahoma share Attorney General William Barr’s concerns with sanctuary policies in some cities across our nation expressed yesterday at the National Sheriff’s Association conference. (See remarks here.) U.S. Attorney Timothy J. Downing, Western District of Oklahoma, U.S. Attorney Brian J. Kuester, Eastern District of Oklahoma, U.S. Attorney R. Trent Shores, Northern District of Oklahoma, and U.S. Homeland Security, Immigration and Customs Enforcement (ICE) Dallas Field Office Director Marc J. Moore collectively make the following statement:
Sanctuary city policies, however well intended, are misleading, uninformed, and detrimental to public safety. In reality, only criminals find sanctuary in sanctuary cities.
In partnership with the Field Office Director of Immigration and Customs Enforcement, we want to express our gratitude to the state, tribal, and local law enforcement authorities throughout Oklahoma that partner with federal agencies to improve public safety by enforcing federal immigration laws that were passed by Congress. These collaborative law enforcement relationships make Oklahomans safer by ensuring that dangerous criminals who are also unlawful aliens in our country are held accountable and removed from our communities.
Law enforcement agencies in Oklahoma understand that effective law enforcement includes immigration enforcement. However, there is a growing public-safety concern that sanctuary city policies seen in other states could find a foothold here in Oklahoma.
Despite claims to the contrary, so-called sanctuary policies do not protect illegal immigrants who came to our country but have otherwise been peaceful and productive members of society. Rather, the express purpose of sanctuary policies is to shelter illegal aliens whom local law enforcement have already arrested for other crimes. In short, sanctuary policies protect criminals and hurt immigrant communities.
Over the past year in Oklahoma, the vast majority of illegal aliens who have faced federal criminal charges and potential deportation have been previously convicted of felony offenses. Examples of those felony convictions include:
- Aggravated sexual assault of a child under 14 years of age
- Failure to register as a convicted sex offender
- Assault and battery with a dangerous weapon- automobile
- Assault and battery with dangerous and deadly weapons
- Battery with serious bodily injury
- Aggravated assault on a peace officer
- Domestic assault and battery
- Domestic assault and battery by strangulation
- Domestic assault and battery with a dangerous weapon
- Domestic assault and battery in the presence of a minor
- Possession of illegal drugs
- Possession of drugs with intent to distribute (heroin, crack, cocaine, methamphetamine and more)
- Money laundering
- Trafficking of illegal drugs
- Attempted armed robbery
- Driving under the influence of alcohol or drugs
- Conspiring to perform an act of violence
Individuals who engage in criminal activity, regardless of their immigration status, pose a danger in every community.
When state or local jurisdictions have custody of known or suspected illegal aliens, federal law enforcement may issue a detainer – a formal request to hold that criminal – so it can take appropriate action, including deportation, following the conclusion of the immigrant’s pending state proceeding. Honoring detainers is not anti-immigrant; rather, honoring detainers is anti-criminal and critical to protecting all Oklahomans, including immigrants.
The fact of the matter is that when sanctuary jurisdictions ignore lawful detainers, they release criminal aliens onto the street. These catch and release policies imperil the safety of every person in a community. Moreover, it puts into harm’s way law enforcement officers who are often tasked with locating released criminal aliens and executing arrest warrants. Importantly for Oklahomans, the consequences of sanctuary city policies do not exclusively impact sanctuary jurisdictions. Indeed, known criminal aliens released into so called “sanctuary cities” have traveled to neighboring jurisdictions, where they have committed heinous, violent crimes.
For these reasons, we stand with Attorney General Barr in his rejection of sanctuary city policies. We support Oklahoma’s immigrant communities and look forward to working with them to improve public safety. As such, we will continue working with our law enforcement partners and community leaders to hold accountable all criminals who violate our laws and harm our communities.-U.S. Attorney Timothy J. Downing, Western District of Oklahoma
-U.S. Attorney Brian J. Kuester, Eastern District of Oklahoma
-U.S. Attorney R. Trent Shores, Northern District of Oklahoma
-Field Office Director Marc J. Moore, U.S. Homeland Security, Immigration and Customs Enforcement (ICE) Dallas Field Office
Oklahoma City Bank Robber Sentenced to Serve 151 Months in Federal PrisonRead the Press Release
OKLAHOMA CITY – Michael William Allen, 40, of Midwest City, has been sentenced to 151 months in prison for bank robbery, announced U.S. Attorney Timothy J. Downing.
On July 3, 2018, a federal grand jury charged Allen with robbing a Bank of Oklahoma branch located at 2601 N. Meridian in Oklahoma City on May 2, 2018. On that day, Allen entered the branch and handed the bank teller a note which stated, "Give me everything in both drawers, No dye money or devices or I will shoot, Don’t push button until after I leave, Now."
At the time he robbed the bank, Allen was on federal supervised release after serving the term of imprisonment for his previous federal conviction for bank robbery of the same Bank of Oklahoma branch located at 2601 N. Meridian in 2011. Based on his new crime, the government filed a petition to revoke Allen’s term of supervised release.
On November 4, 2019, Allen entered a plea of guilty to robbing the Bank of Oklahoma branch.
This afternoon, Senior U.S. District Judge Joe Heaton sentenced Allen to serve 151 months in prison for the bank robbery and 24 months for the revocation, both to run concurrently. After his prison term, Allen will serve three years on supervised release. Judge Heaton also ordered Allen to pay $500 in restitution to the Bank of Oklahoma.
This case is the result of an investigation by the Federal Bureau of Investigation. Assistant U.S. Attorney Jessica L. Cárdenas prosecuted the case.
Former Owner of Oil Field Construction Business Pleads Guilty to Tax EvasionRead the Press Release
OKLAHOMA CITY – MICKEY ALVIN YOUNG has pleaded guilty to evading personal federal income taxes for the 2013 tax year, announced U.S. Attorney Timothy J. Downing.
A federal grand jury indicted Young on December 4, 2018, on two counts of tax evasion. According to the indictment, Young operated Mickey Young Construction, a sole proprietorship that built concrete pits to hold millings at oil and gas well drilling sites. Evidence in the case showed that the business had gross receipts of more than $9 million in 2012 and more than $6 million in 2013. Young’s income from his business was to be reported on his personal federal income tax return. He was charged with under-reporting his income in both 2012 and 2013 by treating money that he used for personal purposes as deductible business expenses of Mickey Young Construction.
After a jury was unable to reach a unanimous verdict on either count in July 2019, U.S. District Judge Robin J. Cauthron declared a mistrial and set the case for re-trial.
This morning, Young pleaded guilty to tax evasion for the 2013 tax year. The government will dismiss the charge for 2012 at the time of sentencing, which has been set on April 30, 2020.
Tax evasion carries a potential penalty of five years in prison, three years of supervised release, and a fine of up to $250,000. The parties have agreed, however, that Young should be sentenced to a maximum of eight months in prison. Young’s plea agreement also requires him to pay restitution to the IRS. The parties have agreed that the tax loss to the United States is more than $550,000.
This case is the result of an investigation by the Internal Revenue Service—Criminal Investigations, with assistance from the U.S. Secret Service. Assistant U.S. Attorneys Scott E. Williams and Amanda Green are prosecuting the case.
Reference is made to public filings for more information.
Prison Guards Sentenced in Aryan Brotherhood Methamphetamine Distribution RingRead the Press Release
OKLAHOMA CITY – MICAH LYNNE WASCHER, 37, and TRAVIS EUGENE WASCHER, 43, both of Canute, Oklahoma, were sentenced earlier today for their roles in distributing methamphetamine for incarcerated leaders of the Universal Aryan Brotherhood (UAB), announced U.S. Attorney Timothy J. Downing.
U.S. District Judge Patrick Wyrick sentenced Micah Wascher to a term of imprisonment for 96 months, and Travis Wascher to a term of 30 months for his involvement. The Court also imposed a term of 5 years supervised release for Micah Wascher and a term of 2 years supervised release for Travis Wascher.
"Today’s sentence shows that no one is above the law, even those who are supposed to enforce it," said U.S. Attorney Downing. "I am pleased with the work of state corrections officials, and state and federal law enforcement to ensure Oklahoma’s prisons are free of this sort of corruption."
On September 19, 2019, Travis Wascher pleaded guilty to a superseding information alleging possession with intent to distribute methamphetamine. On September 26, 2019, Micah Wascher pleaded guilty to Count 2 of the original indictment alleging possession with intent to distribute methamphetamine.
The Waschers were, at the time of the offenses, Correctional Officers at the North Fork Correctional Facility in Sayre, Oklahoma. In late 2018, Ms. Wascher began smuggling methamphetamine and contraband cell phones into the prison at the direction of UAB members in exchange for money and narcotics for her personal use. Additionally, Ms. Wascher transferred and managed drug proceeds for various UAB members using Green Dot prepaid cards, as well as other payment methods such as PayPal and Walmart Pay. Several months later, during Spring 2019, Ms. Wascher involved her husband Travis Wascher in the scheme to smuggle the narcotics and phones into the prison.
This case was the result of an investigation by the U.S. Homeland Security Investigations, the Oklahoma Department of Corrections—Security Threats Intelligence, the Oklahoma District Attorney’s Drug Task Force for District 2. Assistant U.S. Attorneys Jason Harley and Nicholas J. Patterson prosecuted the case.
Reference is made to court filings for further information. To download a photo of U.S. Attorney Downing, click here.
Moore Man Sentenced to a Decade in Federal Prison for Illegal Gun PossessionRead the Press Release
OKLAHOMA CITY – PHILLIP CREIGHTON MONTGOMERY, 27, of Moore, Oklahoma, has been sentenced to ten years in prison for possessing firearms illegally, announced U.S. Attorney Timothy J. Downing.
According to Count 2 of a superseding indictment filed on March 5, 2019, Montgomery, having previously been convicted of a crime punishable by a term of imprisonment exceeding one year, knowingly and unlawfully possessed a Springfield XD40, .40 caliber pistol and a Glock 17, 9mm pistol. On May 7, 2019, Montgomery appeared before Senior U.S. District Judge Stephen P. Friot and entered a plea of guilty to Count 2 of the superseding indictment. Public records reflect Montgomery had felony convictions for concealing stolen property, burglary in the second degree, bringing contraband into a penal institution, unauthorized use of a motor vehicle, and obstructing an officer. Under federal law, Montgomery was prohibited as a convicted felon from possessing firearms.
At sentencing, Judge Friot sentenced Montgomery to ten years in prison—the statutory maximum—to be followed by three years of supervised release. In announcing the sentence, Judge Friot cited to the defendant’s brutal relevant conduct; namely, that he had battered a female while he possessed a firearm and thereafter threatened to further assault the female with the firearm.
"We will continue to bring firearms charges against perpetrators of violence who violate federal law," said U.S. Attorney Downing. "Through this case and others like it, the Department of Justice is preventing violence and protecting those in our communities."
This sentence is the result of an investigation by the Bureau of Alcohol, Tobacco, Firearms, and Explosives, with assistance from the Oklahoma City Police Department and the Moore Police Department. The case was prosecuted by Assistant U.S. Attorney Mary E. Walters.
This case is part of Project Safe Neighborhoods and Project Guardian, the Department of Justice’s signature initiatives to reduce gun violence and enforce federal firearms laws. For more information about Project Guardian, please see the Attorney General’s announcement here. The case is also part of "Operation 922," the district’s local implementation of Project Safe Neighborhoods and Project Guardian. "Operation 922" prioritizes firearms prosecutions connected to domestic violence, including domestic violence abusers who possess a firearm and are subject to a victim protective order or have been previously convicted of a misdemeanor crime of domestic violence.
Oklahoma City Man Convicted in Two-Month Bank Robbery SpreeRead the Press Release
OKLAHOMA CITY – Yesterday afternoon, a federal jury found DWAYNE EDWARD RASMUSSEN, 55, of Oklahoma City, guilty of committing three bank robberies in Oklahoma City and Chickasha, announced U.S. Attorney Timothy J. Downing.
According to evidence at trial, Rasmussen robbed three banks in the course of two months: on March 5, 2019, he robbed the Weokie Credit Union at 2727 Southwest 15th Street in Oklahoma City; on March 18, 2019, he robbed the Bank of the West at 1600 Southwest 89th Street in Oklahoma City; and on April 30, 2019, he robbed the Community Bank of Oklahoma at 1227 West Grand Avenue in Chickasha. Mark Drew Wilson, Rasmussen’s accomplice for the robberies, testified to driving the getaway vehicle and the preparation for each robbery. Evidence further showed that in each of the robberies, Rasmussen wore gloves and disguised his appearance to avoid apprehension. Trial evidence from bank surveillance video and identifications by bank employees tied Rasmussen to each bank robbery. In the robberies, Rasmussen used the same terminology demanding "100s and 50s," and threatened "That’s not enough. Give me all your money." During the trial, nine bank employees and one bank customer testified about the use or intimation of a dangerous weapon during the commission of the bank robberies.
The trial lasted six days, and the jury deliberated approximately nine hours before finding Rasmussen guilty of three counts of bank robbery. He was acquitted on one additional bank-robbery count.
At sentencing, Rasmussen faces a maximum potential penalty on each of the bank robbery counts of twenty years in prison, three years of supervised release, a fine of $250,000, and mandatory restitution. If, however, the court determines his criminal history includes two or more serious violent felonies, he could be subject to mandatory life in prison.
Last November, Mark Drew Wilson pleaded guilty to a conspiracy to commit bank robbery. Wilson is currently awaiting sentencing, where he faces up to five years in prison, three years of supervised release, a fine of $250,000, and restitution to four banks.
This case is the result of an investigation by the FBI—Oklahoma City Field Office and Laboratory Division in Quantico, the Oklahoma City Police Department, the Yukon Police Department, and the Chickasha Police Department. Assistant U.S. Attorneys Wilson D. McGarry and Mary E. Walters prosecuted the case.
Oklahoma City Man Sentenced to 42 Months for Falsely Reporting an Imminent Mass ShootingRead the Press Release
OKLAHOMA CITY – DAVID AARON JACOBS, 43, of Oklahoma City, has been sentenced to 42 months in prison for intentionally conveying false and misleading information by making a hoax threat of a mass shooting announced U.S. Attorney Timothy J. Downing.
A superseding criminal information was filed in January 2020 against Jacobs that charged him with a single count of making a hoax threat on March 30, 2017. According to the information, Jacobs emailed the El Reno Police Department and a local news station stating: "[t]wo boys that [the defendant] know[s] are planning to do something awful. They have been meeting at the house of a Palestinian man name[d] [Individual 1] who lives in Oklahoma city and [Individual 1] has given them guns and helped them to plan to shoot people at the big academic testing event at Redlands Community College tomorrow afternoon."
At the time he made the hoax threat, Jacobs was on federal supervised release after serving the term of imprisonment for his previous federal convictions for wire fraud and aggravated identity theft. Based on his new crime, Jacobs’s term of supervised release was revoked on August 17, 2017, and he was sentenced to an additional term of 36 months’ imprisonment.
This afternoon, Senior U.S. District Judge David L. Russell sentenced Jacobs to serve 42 months in prison, to run partially concurrent with 18 months of his revocation. Judge Russell also ordered Jacobs to pay $22,996.39 in restitution to law enforcement for the costs of responding to the hoax and imposed three years of supervised release upon his release from prison.
This case is the result of an investigation by the Federal Bureau of Investigation—Oklahoma City Field Office’s Joint Terrorism Task Force, with assistance from the El Reno Police Department and the U.S. Marshals Service. Assistant U.S. Attorneys Matt Dillon and Mark Stoneman prosecuted the case.
Reference is made to court filings for further information. To download a photo of U.S. Attorney Downing, click here.
"Joe Exotic" Sentenced to 22 Years for Murder-For-Hire and for Violating the Lacey Act and Endangered Species ActRead the Press Release
OKLAHOMA CITY – JOSEPH MALDONADO-PASSAGE, also known as Joseph Allen Maldonado, Joseph Allen Schreibvogel, and "Joe Exotic," 56, formerly of Wynnewood, Oklahoma, has been sentenced to 22 years in prison after a federal jury convicted him of two counts of murder-for-hire, eight counts of violating the Lacey Act for falsifying wildlife records, and nine counts of violating the Endangered Species Act, announced U.S. Attorney Timothy J. Downing.
"We are thankful for the Court’s thoughtful consideration of the gravity of this murder-for-hire scheme, as well as the defendant’s egregious wildlife crimes in imposing a 22-year sentence," said U.S. Attorney Downing. "This sentence is the result of countless hours of detailed investigative work by the U.S. Fish and Wildlife Service and the Federal Bureau of Investigation."
"Wildlife crime is often connected with other criminal activity such as fraud, narcotics, money-laundering and smuggling. Mr. Maldonado-Passage added murder-for-hire," said Edward Grace, Assistant Director of the U.S. Fish and Wildlife Service, Office of Law Enforcement. "The Service along with our partners will continue to bring to justice those involved in wildlife trafficking and other assorted crimes. The successful outcome of this investigation is the result of working jointly with the U. S. Attorney's Office, Western District of Oklahoma, Federal Bureau of Investigation and the Oklahoma Department of Wildlife Conservation to ensure the protection of a federally protected species."
"Today's sentencing of Joseph Maldonado-Passage should serve as a reminder that the FBI and our law enforcement partners will not tolerate those who orchestrate murder-for-hire or violate U.S. wildlife laws," said Special Agent in Charge Melissa Godbold of the FBI's Oklahoma City Field Office. "The FBI would like to thank our partners for their efforts on this joint investigation."
On September 5, 2018, a federal grand jury returned an indictment that accused Maldonado-Passage of hiring an unnamed person in November 2017 to murder "Jane Doe" in Florida and also hiring a person who turned out to be an undercover FBI agent to commit that murder. A superseding indictment handed down on November 7, 2018, further alleged Maldonado-Passage falsified forms involving the sale of wildlife in interstate commerce, killed five tigers in October 2017 to make room for cage space for other big cats, and sold and offered to sell tiger cubs in interstate commerce. Because tigers are an endangered species, these alleged killings and sales violated the Endangered Species Act.
During a trial that began on March 25, a jury heard evidence that Maldonado-Passage gave Allen Glover $3,000 to travel from Oklahoma to South Carolina and then to Florida to murder Carole Baskin, with a promise to pay thousands more after the deed. Baskin, a critic of Maldonado-Passage’s animal park, owns a tiger sanctuary in Florida and had secured a million-dollar judgment against Maldonado-Passage.
The evidence further showed that beginning in July 2016, Maldonado-Passage repeatedly sought someone to murder Baskin in exchange for money, which led to his meeting with an undercover FBI agent on December 8, 2017. The jury heard a recording of his meeting with the agent to discuss details of the planned murder.
In addition to the murder-for-hire counts, the trial included evidence of violations of the Lacey Act, which makes it a crime to falsify records of wildlife transactions in interstate commerce. According to these counts, Maldonado-Passage designated on delivery forms and Certificates of Veterinary Inspection that tigers, lions, and a baby lemur were being donated to the recipient or transported for exhibition only, when he knew they were being sold in interstate commerce.
Finally, the jury heard evidence that Maldonado-Passage personally shot and killed five tigers in October 2017, without a veterinarian present and in violation of the Endangered Species Act.
After only a few hours of deliberation, the jury returned guilty verdicts on both murder-for-hire counts, eight Lacey Act counts, and nine Endangered Species Act counts.
On January 22, 2020, U.S. District Judge Scott L. Palk sentenced Maldonado-Passage to 264 months in federal prison. That sentence includes (1) 108 months on each of the two murder-for-hire counts to run consecutively to each other, (2) 12 months on each of the Endangered Species Act violations to run concurrently to each other and to all other counts, and (3) 48 months on each of the Lacey Act violations to run concurrently with each other but consecutive to the two murder-for-hire counts. Judge Palk also ordered Maldonado-Passage to spend three years of supervised release upon release from prison. In announcing the sentence, the Court noted the seriousness of Maldonado-Passage’s conduct and his reluctance to accept responsibility.
This case is the result of an investigation by the U.S. Fish and Wildlife Service Office of Law Enforcement, the Federal Bureau of Investigation, and the Oklahoma Department of Wildlife Conservation, with assistance from the U.S. Marshals Service. Assistant U.S. Attorneys Amanda Green and Charles W. Brown prosecuted the case.
Reference is made to court filings for further information.
Three Indicted in Warranty-Deed Fraud ConspiracyRead the Press Release
OKLAHOMA CITY – A federal grand jury has indicted LAURA R. JOHNSON, 44, THOMAS JOHNSON, SR., 51, and CHERYL M. ASHLEY, 69, all of Oklahoma City, for conspiracy, fraud, identity theft, and other crimes, based on allegations that they used fraudulent legal documents to take ownership of more than a dozen homes without the consent or knowledge of the actual owners, announced U.S. Attorney Timothy J. Downing.
According to the indictment, the defendants used fraudulent documents from 2014 until 2019 to obtain title to homes and other properties. A number of properties the defendants are alleged to have targeted had delinquent property taxes and therefore were subject to being auctioned by the Oklahoma County Treasurer’s Office. By paying off one or more years of taxes, the indictment alleges, the defendants caused the properties to be removed from the auction process. The defendants then allegedly filed fraudulent warranty deeds to transfer properties into the names of fictitious companies and individuals. The conspiracy also allegedly included fraudulent confidential stamp tax affidavits, fake mortgages, and forged notary signatures and seals.
Some homeowners are alleged to have vacated their homes based on phony eviction notices posted as part of the conspiracy. When certain victims fought the takeover of their homes in court, the indictment alleges, the defendants filed pleadings with the names of fictitious lawyers and submitted affidavits in court signed by fictitious people.
According to the indictment, the defendants targeted one home that had been owned by a woman who died in 2012. After they gained control of the property, the defendants allegedly used bank records they found in the home and forged a power of attorney in an attempt to withdraw more than $100,000 from the dead woman’s bank account. It is alleged that when that failed, conspirators attempted to steal money by writing checks on the dead woman’s account with forged signatures. It is also alleged they filed a false will in Oklahoma County District Court after the woman’s nephew learned of the death and filed a probate action. According to the indictment, based on the fraudulent information, the court appointed Defendant Laura Johnson as the personal representative of the estate, which enabled her to withdraw $63,950 from the dead woman’s bank accounts and obtain $45,000 from her oil and gas interests.
"Oklahomans have to be able to rely on records county officials maintain to establish ownership of real property," said U.S. Attorney Downing. "When federal charges help uphold the integrity of governmental property records, the Department of Justice will eagerly work with state investigators and prosecute fraud. Thank you to Attorney General Hunter and his team for this outstanding example of federal-state cooperation."
"The elaborate coordination by these defendants and lengths to which they defrauded property owners is disturbing," Attorney General Hunter said. "They not only preyed on victims whose properties were vacant, but they also used forged eviction notices and court documents to remove people from their homes and even targeted the deceased. I appreciate the leadership of U.S. Attorney Downing and our other law enforcement partners for making this case a priority."
All three defendants were arrested this morning. They were arraigned this afternoon before U.S. Magistrate Judge Gary M. Purcell.
Each defendant is charged with conspiracy to commit mail and wire fraud, which in the event of convictions could result in sentences of thirty years in prison and fines of up to $1,000,000. Each is also charged with conspiracy to commit identity theft, which could result in sentences of five years in prison and a fine of up to $250,000. Laura Johnson is charged with making a false statement to a financial institution and four counts of wire fraud; Thomas Johnson is charged with making a false statement to a financial institution, and one count of bank fraud. Each of these counts could carry a maximum sentence of thirty years in prison and a fine of $1,000,000. Furthermore, Laura Johnson is charged with four counts of aggravated identity theft, while Thomas Johnson is charged with two counts of aggravated identity theft. A conviction on one of these counts would trigger a mandatory two-year prison term, to be served in addition to any other imprisonment imposed in the case. Each defendant would also be ordered to pay restitution to victims for any counts of conviction.
These charges are the result of an investigation by the United States Secret Service and the Oklahoma Attorney General’s Office. Assistant U.S. Attorneys Kerry A. Kelly and Jessica L. Perry are prosecuting the case.
The public is reminded that these charges are merely allegations and that each defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt. Reference is made to public filings for more information.
Warr Acres Doctor Pleads Guilty to Drug and Identity-Theft ChargesRead the Press Release
OKLAHOMA CITY – DAVID QUY, 62, an Oklahoma City resident who practiced medicine in Warr Acres, has pleaded guilty to obtaining prescription opioids by fraud and also to identity theft, announced U.S. Attorney Timothy J. Downing.
According to an indictment returned by a federal grand jury on September 17, 2019, Quy practiced as a Doctor of Osteopathy at Family Medicine Center, 5500 N.W. Expressway, in Warr Acres from as early as 2014 until May 2019. He was charged with writing prescriptions for certain of his employees and then directing those employees to fill the prescriptions and bring the pills back to him. On May 14, 2019, the Oklahoma Bureau of Narcotics and Dangerous Drugs issued an emergency suspension of Quy’s license to prescribe controlled substances.
Quy pleaded guilty today before U.S. District Judge Charles B. Goodwin to two counts: obtaining a controlled substance by fraud and using another person’s identity without lawful authority to commit the offense of dispensing controlled substances illegally. The first count charges that on March 20, 2019, he obtained 40 tablets of the opioid Oxycodone by authorizing a prescription in the name of one of his employees and causing that employee to fill the prescription and return the tablets to him. The second count charges him with using the employee’s identity on April 4, 2019, to obtain additional Oxycodone for his own use.
At sentencing, Quy faces on the first count up to four years in prison, one year of supervised release, and a fine of up to $250,000. On the second count, he could be imprisoned up to five years, serve an additional three years on supervised release, and be subject to a $250,000 fine. Quy has agreed in a plea agreement to pay a fine of $50,000. He has also agreed to surrender any license related to the provision of health care and not to apply for any health-care license for two years after sentencing. Sentencing will take place in approximately ninety days.
This case is the result of an investigation by the Oklahoma Bureau of Narcotics and Dangerous Drugs, with assistance from the Drug Enforcement Administration. Assistant U.S. Attorney Scott E. Williams is prosecuting the case.
Reference is made to public filings for more information.
Oklahoma City Man Sentenced to Three Decades for Possessing a Gun While Dealing DrugsRead the Press Release
OKLAHOMA CITY – TYRONE LEROY OUTLEY, 27, of Oklahoma City, Oklahoma, has been sentenced to 360 months in prison for possessing crack cocaine with intent to distribute, as well as possessing a firearm in furtherance of a drug-trafficking crime, announced U.S. Attorney Timothy J. Downing.
Outley was indicted on November 8, 2017, with three counts—possession of crack cocaine with intent to distribute, possession of a firearm in furtherance of a drug-trafficking crime, and felon in possession of a firearm—all of which stemmed from his March 15, 2017, arrest by Oklahoma City Police Department officers. At trial, the government presented evidence that Mr. Outley attempted to flee from law enforcement and refused to submit when caught by police. During the ensuing struggle, Outley repeatedly reached for his jacket pocket, which was later found to contain a loaded .22 caliber revolver. Also in that pocket was what the arresting officer described as a large crack rock. At the time of the offense, Mr. Outley had twice been convicted of possession of cocaine base with intent to distribute in the prior four years. He was also serving four deferred, suspended, or probationary sentences from state violations.
On October 11, 2018, the jury found Outley guilty on all counts. A subsequent Supreme Court decision led to the government dismissing the felon in possession count.
On December 16, 2019, U.S. District Judge Stephen P. Friot sentenced Outley to 300 months in prison on the drug count, to be followed by 60 months of imprisonment on the firearm count. Judge Friot also imposed fifteen years of supervised release.
This case is the result of an investigation by the Oklahoma City Police Department and the Federal Bureau of Investigation—Oklahoma City Field Office, with assistance from the Bureau of Alcohol, Tobacco, Firearms, and Explosives and the U.S. Marshals Service. Assistant U.S. Attorneys David McCrary and Wilson McGarry prosecuted the case.
This case is part of the work of the Organized Crimes and Drug Enforcement Task Force, the Department of Justice’s signature initiatives to address and reduce drug-related criminal activity.
Lawton Woman Sentenced to Four Years in Prison for Bank and Wire FraudRead the Press Release
OKLAHOMA CITY – Lori Christine Woodson, 63, of Lawton, has been sentenced to four years in prison after pleading guilty to one count of bank fraud and one count of wire fraud, announced United States Attorney Timothy J. Downing.
According to an information filed on January 28, 2019, Woodson induced Fort Sill National Bank to loan her and another person $1,013,902 by making false representations to the bank. In particular, Woodson overstated the value of her interest in assets, including a condominium in Snowmass, Colorado, and a closely held real estate company. She additionally understated her liabilities to other banks by approximately $3 million. Also, according to the information, Woodson defrauded two acquaintances by misappropriating purported investments in Snowmass condominiums.
At a guilty plea hearing on April 22, 2019, Woodson admitted committing bank fraud and defrauding two acquaintances.
On January 7, 2020, U.S. District Judge Scott L. Palk sentenced Woodson to 48 months in prison and a three-year term of supervised release. Taking into account relevant conduct, the Court ordered restitution of $3,640,308.41 split among four bank victims and four individuals. The Court allowed Woodson to self-report on February 11, 2020, to complete her sentence.
This case is the result of an investigation by the Department of Treasury’s Office of Inspector General and the FBI Oklahoma City Field Office, with the assistance of the Comanche County District Attorney’s Office and the Oklahoma State Bureau of Investigation. The case is being prosecuted by Assistant U.S. Attorney William E. Farrior.
Reference is made to court records for further information. To download a photo of U.S. Attorney Downing, click here.
Yukon Man Pleads Guilty to Accepting Bribes as a Postal CarrierRead the Press Release
OKLAHOMA CITY – JUSTUS REX ELLIOTT, 26, of Yukon, has pleaded guilty to accepting a bribe as a public official, announced U.S. Attorney Timothy J. Downing.
According to a one-count information filed on December 4, 2019, Elliott accepted bribes while acting as a U.S. Mail Carrier. In particular, he diverted packages he knew to contain controlled substances from the address specified on the packages to other individuals in exchange for money and controlled substances.
Elliott pleaded guilty on January 6, 2020, before U.S. District Judge Patrick Wyrick. He admitted that he worked as a mail carrier in Moore, Oklahoma, and he diverted packages primarily containing marijuana and marijuana vape pens sent from California. According to a plea agreement, the amount involved in the bribes does not exceed $15,000.
At sentencing, Elliott faces a maximum penalty of 15 years in prison, a fine of up to $250,000, and a term of up to three years of supervised release. Sentencing will take place in approximately 90 days.
This case is a result of an investigation by the United States’ Postal Service’s Office of Inspector General, the United States Postal Inspection Service, the Moore Police Department, and the Oklahoma City Police Department.
Reference is made to public filings for more information.
Suspect Arrested in Arson on Kickapoo LandRead the Press Release
OKLAHOMA CITY – DESMA VALDEZ, 19, of Lincoln County, has been arrested for arson in connection with a house fire in Indian country, announced U.S. Attorney Timothy J. Downing.
According to an affidavit in support of a criminal complaint filed on December 31, 2019, Valdez deliberately set fire to a trailer home on tribal land of the Kickapoo Tribe of Oklahoma. The affidavit alleges that Valdez was staying in the trailer home with two individuals whose burned bodies were found inside. An investigation into the cause of death is underway. The case is charged in federal court because the alleged crime took place in Indian country and Valdez is an Indian.
Valdez was injured as a result of the fire and was transported to a local hospital. She was arrested upon her release from the hospital on January 1 and made her initial appearance today before U.S. Magistrate Judge Gary M. Purcell.
If found guilty, Valdez 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 Federal Bureau of Investigation—Oklahoma City Division; the Kickapoo Tribal Police Department; the Bureau of Alcohol, Tobacco, Firearms, and Explosives; and the Bureau of Indian Affairs. Assistant U.S. Attorneys Mark Stoneman and Thomas B. Snyder are prosecuting the case.
The public is reminded that this charge is merely an allegation and that Valdez is presumed innocent unless and until proven guilty beyond a reasonable doubt. Reference is made to public filings for more information. To download a photo of U.S. Attorney Downing, click here.
Defense Contractor Pays $3 Million to Settle Allegations of Submitting False Claims to the ArmyRead the Press Release
OKLAHOMA CITY – LaForge & Budd Construction Company, Inc. ("LaForge"), has agreed to pay $3 million to settle civil claims stemming from allegations that it submitted false claims to the United States Army, announced United States Attorney Timothy J. Downing.
In 2010, LaForge, a Kansas company, entered into a contract to perform work on a dam on Lake George, at the Fort Sill Army Post in Lawton, Oklahoma. The work included raising the elevation of the dam and required LaForge to perform the work in accordance with the plans and specifications provided in the contract. The United States alleges LaForge submitted false claims for progress payments for work done on the dam’s embankment. More specifically, LaForge represented that the fill it placed in the embankment of the Dam complied with the specifications, terms, and conditions of the contract when, according to the government’s allegations, unsatisfactory materials such as pieces of concrete, concrete rubble, and metal rebar were placed in the embankment. On April 12, 2019, the United States filed an action against LaForge in the United States District Court for the Western District of Oklahoma, No. CIV-19-336-G.
To resolve these allegations, LaForge agreed to pay $3,000,000 to the United States.
In reaching this settlement, LaForge 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 Defense Criminal Investigative Service. Assistant U.S. Attorneys Ronald R. Gallegos and Don Evans prosecuted the case. To download a photo of U.S. Attorney Downing, click here.
U.S. Attorney’s Office Collects More Than $14 Million in Fiscal Year 2019Read the Press Release
OKLAHOMA CITY – The Western District of Oklahoma collected $14,463,175.11 in civil and criminal actions in the fiscal year that ended on September 30, 2019, announced U.S. Attorney Timothy J. Downing. Of this amount, the office collected $9,794,703.57 in civil actions and $4,668,471.54 in criminal actions.
The U.S. Attorneys’ Offices, along with the Department of Justice’s litigating divisions, are responsible for enforcing and collecting civil and criminal debts owed to the United States and criminal debts owed to federal crime victims. The law requires defendants to pay restitution to victims of certain federal crimes who have suffered a physical injury or financial loss. While restitution is paid to the victim, criminal fines and felony assessments are paid to the Department’s Crime Victims Fund, which distributes the funds to federal and state victim compensation and victim assistance programs.
"Recovering money for the United States, penalizing wrong-doers, and collecting restitution for crime victims are integral parts of our law enforcement mission," said U.S. Attorney Downing. "In FY2019, we collected nearly twice the amounts we collected in both FY2017 and FY2018. That’s a tribute to the hard work of civil and criminal attorneys, and particularly the hard work of our Financial Litigation Unit."
Highlights of the Western District of Oklahoma’s FY2019 collection efforts include:
- a $4.2 million civil settlement in June 2019 with PAE Applied Technologies, LLC, in a dispute over alleged false claims to the United States Air Force concerning employee wages at Vance Air Force Base;
- a $2.8 million civil settlement in May 2019 with the Oklahoma Heart Hospital, LLC, and the Oklahoma Heart Hospital South, LLC, based on allegations of improper Medicaid billing for cardiovascular stent procedures;
- a $455,000 civil settlement in October 2018 with Olsen Orthopedics, PLLC, over allegations of false billings to Medicare and TRICARE for injectable drugs that were purchased outside the United States and did not have approval from the Food and Drug Administration;
- multiple settlements of claims against health care providers under federal laws concerning record-keeping and registrations involving drugs that qualify as controlled substances, including a June 2019 settlement for $155,000 with Comanche County Memorial Hospital and two doctors concerning testosterone records;
- $818,083 in restitution from former Bank of Union President John Arnold Shelley, whose December 2018 sentence for making a false statement to the FDIC included a restitution order of more than $137 million;
- $493,707.59 in restitution from Joel Matthew Eilerts, who was sentenced in June 2019 for fraud against SandRidge Energy, Inc., where he worked as a senior landman;
- $269,107.79 in restitution in a criminal health care fraud against Lawrence and Eunja Vasquez, who were sentenced in January 2019 for using their company, Mercy Diabetic Supply, Inc., to defraud the Oklahoma Health Care Authority;
- $230,333.37 in restitution from the Estate of Howard Michael Wampler in connection with his 2012 conviction for fraudulently inflating the cost of building projects involving federal low-income housing tax credits; and
- $151,799.02 in restitution from Samuel Okere, who was sentenced in November 2018 for defrauding the Oklahoma Health Care Authority in connection with behavioral counseling.
Additionally, the U.S. Attorney’s Office deposited $1,763,203 into the Department’s Asset Forfeiture Fund in FY 2019. Many forfeited assets are returned to victims of crime. When that is not possible, forfeiture proceeds are deposited into a centralized fund and used to assist crime victims across the nation and for a variety of law enforcement purposes.
To download a photo of U.S. Attorney Downing, click here.
Doctor Pays $50,000 to Settle Civil Claims He Prescribed Without DEA Registration or OBN LicenseRead the Press Release
OKLAHOMA CITY – Ernesto Fuentes, M.D., has agreed to pay $50,000 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 Timothy J. Downing.
Dr. Fuentes practiced medicine as a hospitalist in the Chickasaw Nation Medical Clinic in Ada, Oklahoma. The United States alleges that from January 1, 2014, through June 11, 2019, he issued prescriptions for Schedule II-IV controlled substances without a valid certificate of registration from the Drug Enforcement Administration and without a controlled substance license from the Oklahoma Bureau of Narcotics and Dangerous Drugs. Some of the prescriptions issued by Dr. Fuentes were filled at pharmacies in Oklahoma City.
To resolve these allegations, Dr. Fuentes has agreed to pay $50,000 to the United States.
In reaching this settlement, Dr. Fuentes 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 Amanda R. Johnson and Ronald R. Gallegos prosecuted the case.
Woodward Defendant Sentenced to More Than 13 Years for Gun Possession and Violence While DetainedRead the Press Release
OKLAHOMA CITY – SCOTT ALLEN JONES, 32, of Woodward, Oklahoma, has been sentenced to 161 months in prison for possessing a firearm and ammunition after a felony conviction, as well as for assaults on detention officers while in the custody of the U.S. Marshals Service, announced U.S. Attorney Timothy J. Downing.
According to an indictment filed on September 5, 2018, Jones possessed a .40 caliber pistol and various kinds of ammunition on August 21, 2018, after he had been convicted of a felony. He was ordered detained pending trial in the custody of the U.S. Marshals Service.
Later that month, on September 17, 2018, Jones assaulted three detention officers at the Logan County Jail, where he was being held pursuant to a contract with the Marshals Service. As described in a separate indictment filed on July 17, 2019, he struck each officer in the head and thereby interfered with the performance of their official duties. A probable cause affidavit filed in Logan County District Court states that Jones refused to cooperate with jailers and punched them with his fists before they were able to use a taser to subdue him.
On December 18, 2018, a jury found Jones guilty on the count charging possession of a firearm and ammunition. Jones pleaded guilty to all three assault counts on August 22, 2019.
On December 16, 2019, U.S. District Judge David L. Russell sentenced Jones to ten years in prison on the firearm count, to be followed by three years of supervised release. The court further sentenced Jones to 41 months in prison for the three assaults and ordered that sentence to run consecutively, that is, to be served after the ten-year firearm sentence.
This case is the result of an investigation by the Federal Bureau of Investigation—Oklahoma City Field Office, with assistance from the Bureau of Alcohol, Tobacco, Firearms, and Explosives; U.S. Marshals Service; the Woodward County Sheriff’s Office; and the Logan County Sheriff’s Office. Assistant U.S. Attorneys Nicholas J. Patterson and Jacquelyn M. Hutzell prosecuted the case.
This case is part of Project Safe Neighborhoods and Project Guardian, the Department of Justice’s signature initiatives to reduce gun violence and enforce federal firearms laws. For more information about Project Guardian, please see the Attorney General’s announcement here.
Reference is made to court filings for further information. To download a photo of U.S. Attorney Downing, click here.
Domestic Altercation Involving Firearm Leads to Ten-Year SentenceRead the Press Release
OKLAHOMA CITY – WENDELL L. REEVES, 32, has been sentenced to 120 months in prison for possessing ammunition after a felony conviction, announced U.S. Attorney Timothy J. Downing.
According to an indictment filed on March 19, 2019, Reeves possessed 86 rounds of .22 LR ammunition and five spent cartridge cases of .22 LR ammunition in Oklahoma City on June 28, 2018, after he had been convicted of a felony. He pleaded guilty on May 10, 2019.
According to court filings, Reeves possessed ammunition in connection with a physical altercation with an ex-girlfriend, whom he hit three times before he retrieved a firearm and fired at least six shots at her in an area where children were present. The shots did not injure the ex-girlfriend, who fled to a relative’s nearby residence and escaped further harm only when bystanders intervened to keep Reeves from forcing his way inside. Court filings also explain that Reeves spoke belligerently in jail telephone calls after his arrest, including remarking he should have killed the ex-girlfriend.
Today, U.S. District Judge Scott L. Palk sentenced Reeves to 120 months in prison, to be followed by three years of supervised release.
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. Attorney Jacquelyn M. Hutzell prosecuted the case.
This case is part of Project Safe Neighborhoods and Project Guardian, the Department of Justice’s signature initiatives to reduce gun violence and enforce federal firearms laws. For more information about Project Guardian, please see the Attorney General’s announcement here. The case is also part of "Operation 922," the district’s local implementation of Project Safe Neighborhoods and Project Guardian. "Operation 922" prioritizes firearms prosecutions connected to domestic violence, including domestic violence abusers who possess a firearm and are 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. To download a photo of U.S. Attorney Downing, click here.
Piedmont Doctor Pays $52,500 to Settle Civil Penalty ClaimsRead the Press Release
OKLAHOMA CITY – MAURICE CORMAN, M.D., has agreed to pay $52,500 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 Timothy J. Downing.
Dr. Corman practices family medicine in Piedmont, Oklahoma. The United States alleges that from June 29, 2016, to November 27, 2018, he acquired vials of testosterone from a pharmacy and failed to maintain any records of the acquisitions as required by law. Dr. Corman also failed to keep any records related to the dispensing of the testosterone he acquired.
To resolve these allegations, Dr. Corman agreed to pay $52,500 to the United States.
In reaching this settlement, Dr. Corman 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.
Duncan Man Sentenced to Ten Years for Possessing Firearms While Subject to a Victim Protective OrderRead the Press Release
OKLAHOMA CITY – CHAD WAYNE KASPEREIT, 34, of Duncan, has been sentenced to ten years in prison for possessing firearms while subject to a victim protective order and lying on a federal form to purchase firearms, announced U.S. Attorney Timothy J. Downing.
According to Count 1 of a superseding indictment filed on March 19, 2019, Kaspereit made a materially false statement on December 7, 2017, at the Academy Store in Yukon, Oklahoma, when he represented he was not subject to a victim protective order. Anyone purchasing a firearm from a federally licensed firearms dealer must certify answers to certain questions on Bureau of Alcohol, Tobacco, Firearms, and Explosives Form 4473. The superseding indictment charged he knew when he completed the form that he was subject to a victim protective order in Stephens County, Oklahoma. The protective order prohibited him from harassing, stalking, or threatening his ex-wife and their three children, and from using force or threats of force against them. Relying on Kaspereit’s false statement, Academy sold him a Taurus Judge .45 caliber revolver and a Taurus PT 738 .380 pistol.
A second count charged Kaspereit with the felony of possessing the Taurus Judge .45 caliber revolver and the Taurus PT 738 .380 pistol between December 7, 2017, and February 26, 2018, a period during which he was subject to the Stephens County protective order.
On May 17, 2019, a jury convicted Kaspereit on both of these counts. The evidence showed that Kaspereit was subject to protective orders that prohibited him from harassing, stalking, or intimidating his first wife and their three children, and then his second wife and her child, from September 3, 2015, until the present, with the limited exception of February 27, 2018, until March 18, 2018. The jury heard that Kaspereit’s first wife agreed to dismiss her protective order in February 2018 only because she believed it was not stopping him from doing anything to her or the children. The jury also heard evidence that Kaspereit used the handguns to threaten his second wife. Kaspereit has been in the custody of the U.S. Marshals Service since his arrest on January 15, 2019.
At sentencing today, U.S. District Judge David L. Russell sentenced Kaspereit to ten years in prison—the statutory maximum—to be followed by three years of supervised release. This sentence constituted an upward variance from the U.S. Sentencing Guidelines. Although Kaspereit had no criminal history, the court nevertheless found the sentence was necessary to protect the public from Kaspereit’s violence.
"We will continue to bring firearms charges against perpetrators of domestic violence who violate federal law, particularly when they are actively menacing their families," said U.S. Attorney Downing. "Through this case and others like it, the Department of Justice is protecting vulnerable families and preventing violence against both adults and children."
This sentence is the result of an investigation by the Bureau of Alcohol, Tobacco, Firearms, and Explosives, with assistance from the Cleveland County District Attorney’s Office and the Oklahoma City Police Department. Prosecuted by Assistant U.S. Attorneys K. McKenzie Anderson and Jacquelyn M. Hutzell, this case is part of Project Safe Neighborhoods and Project Guardian, the centerpieces of the Department of Justice’s violent crime reduction efforts. Through these programs, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions. To enhance local effectiveness, the Western District of Oklahoma has emphasized prosecution of federal gun crimes connected to domestic violence.
Reference is made to public filings for further information. For an image of U.S. Attorney Downing, click here.
Justice Department Awards Millions to Fight Opioid Crisis in Western OklahomaRead the Press Release
OKLAHOMA CITY – The Justice Department’s Office of Justice Programs ("OJP") announced today that more than $4.5 million will go to state-wide and western Oklahoma governmental bodies to address public safety issues relating to opioids. The Department is awarding more than $333 million across the country to help communities affected by the opioid crisis. Katharine T. Sullivan, Principal Deputy Assistant Attorney General for OJP, made the announcement during a visit with local, state, and federal officials in West Virginia, one of the states hardest hit by the epidemic.
"The opioid crisis has destroyed far too many lives and left too many Americans feeling helpless and hopeless," said PDAAG Sullivan. "This epidemic—the most deadly in our nation’s history—is introducing new dangers and loading public health responsibilities onto the public safety duties of our law enforcement officers. The Department of Justice is here to support them during this unprecedented and extremely challenging time."
With more than 130 people dying from opioid-related overdoses every day, the Department of Justice has made fighting addiction to opioids—including heroin and fentanyl—a national priority. The Trump Administration is providing critical funding for a wide range of activities—from preventive services and comprehensive treatment to recovery assistance, forensic science services, and research—to help save lives and break the cycle of addiction and crime.
The awards announced today support an array of activities designed to reduce the harm inflicted by these dangerous drugs. Grants will help law enforcement officers, emergency responders and treatment professionals coordinate their response to overdoses. Funds will also provide services for children and youth affected by the crisis and will support the nationwide network of drug and treatment courts. Other awards will address prescription drug abuse, expand the capacity of forensic labs, and support opioid-related research.
"I am pleased that the Department can provide critically needed financial support for Oklahoma’s continuing fight against opioids," said Timothy J. Downing, U.S. Attorney for the Western District of Oklahoma. "To win this battle, we will need all our tools and partners, including law enforcement and social services supporting prevention and treatment. These funds will go a long way to move Oklahoma along the road of reducing the suffering illegal opioids have caused."
The following awards were made to state agencies and other entities in the Western District of Oklahoma:
- $2,000,000 to the Oklahoma State Bureau of Narcotics and Dangerous Drugs as part of the Comprehensive Opioid Abuse Site-Based Program, funded by the Bureau of Justice Assistance ("BJA")
- $249,543 to the Oklahoma City-County Health Department as part of BJA’s Justice and Mental Health Collaboration Program
- $749,985 to the Comanche Nation under a program funded by OJP entitled Enhancing Community Responses to the Opioid Crisis: Serving Our Youngest Crime Victims
- $882,900 to the Oklahoma Department of Mental Health and Substance Abuse Services under BJA’s Adult Drug Court and Veterans Treatment Court Discretionary Grant Program
- $646,951 to the Oklahoma Department of Mental Health and Substance Abuse Services as part of the Family Drug Court Program, funded by the Office of Juvenile Justice and Delinquency Prevention
- $250,000 to the Oklahoma District Attorneys’ Council as part of the Paul Coverdell Forensic Science Improvement Grant Program, funded by the Office of Justice Programs
Information about the programs and awards announced today is available here. For more information about OJP awards, visit the OJP Awards Data webpage.
The Office of Justice Programs, directed by Principal Deputy Assistant Attorney General Katharine T. Sullivan, provides federal leadership, grants, training and technical assistance, and other resources to improve the nation’s capacity to prevent and reduce crime, assist victims and enhance the rule of law by strengthening the criminal and juvenile justice systems. More information about OJP and its components can be found at www.ojp.gov. To download a photo of U.S. Attorney Downing, click here.
Perkins Man Who Killed His Father Sentenced to 10 Years for Possession of a FirearmRead the Press Release
OKLAHOMA CITY – JERRY RAY CRAINE, 37, of Perkins, Oklahoma, has been sentenced to ten years in prison for possessing a firearm after a misdemeanor conviction of domestic violence, announced U.S. Attorney Timothy J. Downing.
According to an indictment filed on January 15, 2019, Craine possessed a 9mm semi-automatic handgun in Payne County on July 29, 2018. Because of his March 2018 misdemeanor conviction in state court for domestic assault and battery in the presence of minor children, his firearm possession was a federal crime.
According to court filings, Craine killed his own father with the firearm he possessed illegally. On July 29, 2018, he learned that his mentally unstable father had gained access to another firearm Craine possessed at his residence in Perkins. After his father threatened to shoot him, Craine retreated to his vehicle and retrieved the 9mm semi-automatic handgun, along with two magazines of ammunition. He then went back into the house, where his father shot at him and he returned fire. After shooting a dozen rounds, Craine retreated, reloaded, and killed his father by firing more shots. On October 24, 2018, the Payne County District Attorney’s Office charged him with manslaughter in the first degree.
On March 6, 2019, Craine pleaded guilty to the federal firearm charge. Citing a recent Supreme Court case, he later asked permission to withdraw his guilty plea because he claimed he did not know his misdemeanor conviction made it illegal for him to possess a firearm. The court denied his motion because that case did not change the principle that a prohibited person commits a federal crime by possessing a firearm, even if unaware of the prohibition.
Today, U.S. District Judge Stephen P. Friot sentenced Craine to ten years in prison, to be followed by three years of supervised release. During the sentencing hearing, the court found that a cross-reference to first-degree murder applied under the United States Sentencing Guidelines.
This case is the result of an investigation by the Federal Bureau of Investigation—Oklahoma City Field Office, the Oklahoma State Bureau of Investigation, and the Perkins Police Department. The Bureau of Alcohol, Tobacco, Firearms, and Explosives and Payne County District Attorney Laura Austin Thomas and her office also provided support. Assistant U.S. Attorney Julia E. Barry prosecuted the case.
This case is part of Project Safe Neighborhoods and Project Guardian, the Department of Justice’s signature initiatives to reduce gun violence and enforce federal firearms laws. For more information about Project Guardian, please see the Attorney General’s announcement here. The case is also part of "Operation 922," the district’s local implementation of Project Safe Neighborhoods and Project Guardian. "Operation 922" prioritizes firearms prosecutions connected to domestic violence, including domestic violence abusers who possess a firearm and are 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. To download a photo of U.S. Attorney Downing, click here.
Paramedic Sentenced to Prison for Tampering with Fentanyl and Ketamine VialsRead the Press Release
OKLAHOMA CITY – COLIN ANDREW DAVIS, 34, of Oklahoma City, has been sentenced to six months in prison for tampering with fentanyl and ketamine vials while working as a paramedic for an emergency air evacuation company, announced U.S. Attorney Timothy J. Downing.
On April 30, 2019, the U.S. Attorney’s Office filed an information that charged Davis with tampering with the labeling and container for consumer products in November 2017 in Weatherford, Oklahoma. According to the information, Davis removed fentanyl and ketamine from vials and replaced them with a sterile saline solution. As a result, patients undergoing emergency air evacuation could have received saline when medical professionals intended to administer fentanyl or ketamine. Fentanyl is a Schedule II controlled substance in the opioid family; ketamine is a Schedule III analgesic often used in anaesthesia.
According to the government’s charges, Davis acted with reckless disregard for the risk that another person would be placed in danger of death or bodily injury and under circumstances manifesting extreme indifference to that risk. In a court filing in anticipation of sentencing, the United States stated that a narcotics log showed medical professionals had administered fentanyl to three patients and ketamine to one patient before Davis admitted to his employer that he had tampered with the vials. The government also pointed out that a life flight had to be canceled because Davis was so confused and disoriented he was unable to perform his duties.
Today, U.S. District Judge Charles B. Goodwin sentenced Davis to six months in prison, to be followed by three years of supervised release.
"When medical professionals tamper with pharmaceuticals, the risk of patient harm warrants criminal prosecution, particularly when the patients at issue are so badly injured they need emergency evacuation," said U.S. Attorney Timothy J. Downing. "I am thankful to the Food and Drug Administration for its partnership in addressing the opioid crisis."
"Patients deserve to have confidence that they are not only receiving the proper treatment from those entrusted with providing their medical care, but also that they are not being placed at an increased risk of harm," said Special Agent in Charge Charles L. Grinstead, of the Food and Drug Administration’s Office of Criminal Investigations, Kansas City Field Office. "We will continue to protect the public health and bring to justice health care professionals who take advantage of their unique position and compromise their patients’ health and comfort by tampering with needed drugs."
This case was the result of an investigation by the Food and Drug Administration, Office of Criminal Investigations. Assistant U.S. Attorney Jacquelyn M. Hutzell prosecuted the case.
Reference is made to court filings for further information.
Firearm Violation Results in Prison Sentence of More Than Nine YearsRead the Press Release
OKLAHOMA CITY – JOSE MANUEL GUTIERREZ, 35, of Oklahoma City, has been sentenced to 110 months in prison for possessing a firearm after a felony conviction, announced U.S. Attorney Timothy J. Downing.
On February 19, 2019, a grand jury indicted Gutierrez for possessing a .380 caliber semi-automatic pistol on December 20, 2018, after having been convicted of a crime punishable by a term of imprisonment of more than one year. He pleaded guilty on June 7, 2019.
Today, Chief U.S. District Judge Timothy D. DeGiusti sentenced Gutierrez to 110 months—or nine years and two months—in prison, to be followed by three years of supervised release. The court took into account threats Gutierrez made with a loaded gun in the presence of minor children and a person with whom he was in a domestic relationship at the time. It also considered his lengthy history of abusive and violent behavior spanning the past 15 years, with six prior felony convictions involving firearms.
This case was the result of an investigation by U.S. Homeland Security Investigations; the Bureau of Alcohol, Tobacco, Firearms, and Explosives; and the Oklahoma City Police Department. It is part of “Operation 922,” the district’s local implementation of Project Safe Neighborhoods, DOJ’s initiative against violent crime. "Operation 922" prioritizes firearms prosecutions connected to domestic violence, including domestic violence abusers who possess a firearm and are subject to a victim protective order or have been previously convicted of a misdemeanor crime of domestic violence. Assistant U.S. Attorneys Wilson D. McGarry and Mary E. Walters prosecuted the case.
Reference is made to court filings for further information.
Chicago Man Sentenced to 14 Years for Possession of Methamphetamine in Tractor-Trailer Fuel TankRead the Press Release
OKLAHOMA CITY – ENRIQUE LARA, 37, of Chicago, Illinois, has been sentenced to fourteen years in prison for possessing with intent to distribute liquid methamphetamine concealed in the fuel tank of a tractor-trailer, announced U.S. Attorney Timothy J. Downing.
On the morning of October 22, 2018, a detective with the Norman Police Department’s Special Investigations Section, Criminal Interdiction Unit, noticed that a tractor-trailer parked at a Norman motel bore a U.S. Department of Transportation number inconsistent with that agency’s numbering system. When the detective asked the driver, Lara, for paperwork and his driver’s license, he noticed an odor of marijuana. The detective also became suspicious because the paperwork appeared to be fake and because Lara was inexplicably hauling pallets in a refrigerated trailer. Further checking revealed that the supposed shipper and receiver of the pallets had had no contact with Lara or his truck and that the trucking company had fired Lara in April.
With the consent of Lara and his passenger, JASMINE MORALES, 22, of McAllen, Texas, the detective took the tractor-trailer to the Norman city garage. During his inspection, he found that one of the gas tanks was full of a cloudy liquid with small crystals that tested positive for methamphetamine. According to an affidavit in support of a criminal complaint, the fuel tank contained approximately 1,260 pounds—or approximately 150 gallons—of liquid methamphetamine, with an estimated value in the Oklahoma City area that could exceed $3,000,000.
The Drug Enforcement Administration responded to the scene immediately with a laboratory clean-up team and tested the liquid to confirm that it was methamphetamine. Lara and Morales were arrested and taken to Cleveland County Jail. Lara has remained in custody since that time.
A federal grand jury indicted Lara and Morales on November 7, 2018, for conspiracy and possession of methamphetamine with intent to distribute. On March 4, 2019, Morales pleaded guilty to the lesser offense of misprision of a felony. She was sentenced on August 22, 2019, to one year and one day in prison, to be followed by one year of supervised release.
Lara pleaded guilty to possession with intent to distribute on March 11, 2019. Today, Chief U.S. District Judge Timothy D. DeGiusti sentenced Lara to fourteen years in prison. At the end of his term, he must serve five years on supervised release.
This case is the result of an investigation by the Drug Enforcement Administration, the District 21 Drug Task Force, and the Norman Police Department. The U.S. Attorney’s Office for the Western District of Oklahoma pursued this case with the assistance of, and in partnership with, Cleveland County District Attorney Greg Mashburn and his office. Assistant U.S. Attorneys Nicholas J. Patterson, David P. Petermann, and Brandon Hale prosecuted the case.
Reference is made to court filings for further information.
35 Indicted Federally for Methamphetamine Conspiracies Directed from Prisons as Part of Larger InvestigationRead the Press Release
OKLAHOMA CITY – As a result of a year-long investigation targeting the drug-trafficking activities of the Southside Locos Gang and members of its leadership who are currently incarcerated, thirty-five individuals have been charged in federal indictments unsealed yesterday for drug trafficking offenses, announced U.S. Attorney Timothy J. Downing. A number of these defendants have been charged with attempting to distribute multiple kilograms of methamphetamine, as well as heroin, from sources in Mexico, coordinated by individuals in prison who were communicating on contraband cell phones. Additional individuals have been charged federally as a result of this investigation, and others will be subject to state prosecution. As of today, federal, state, and local law enforcement officers have arrested a majority of the defendants, a portion of which were already in the custody of the Oklahoma Department of Corrections or local jails.
United States Attorney Downing commented: "This investigation illustrates the threat that contraband cell phones in prisons pose. All levels of government have been working to reduce and ultimately eliminate this threat. For the time being, we will continue to pursue drug traffickers both on the streets and behind prison walls."
"The FBI continues to work closely with our law enforcement partners to combat illegal gang activity and drug trafficking throughout Oklahoma and in the state prison system," said Melissa Godbold, Special Agent in Charge of the FBI’s Oklahoma City Division. "These arrests should remind those who prey on our communities, even while incarcerated, that the FBI and law enforcement will not tolerate your behavior and you will be brought to justice."
Two federal indictments were unsealed yesterday. According to one of those (No. CR-19-373-F), incarcerated members of the conspiracy, including Gonzalo Baeza, Jose Hernandez, Eduardo Rosales, Douglas Smart, and John Heavener, served as the organizational hub of illegal drug activity. They allegedly used cell phones to instruct couriers to store drugs for them in the couriers’ vehicles or homes and to deliver distribution quantities to buyers. They are also alleged to have used cell phones to direct third parties to collect and store proceeds of their drug trafficking. According to the indictment, Baeza and Rosales were trafficking kilogram quantities of methamphetamine into the United States directly from their contacts in Mexico. Methamphetamine was allegedly stored at the home of Christian Baeza in Oklahoma City. The indictment explains that law enforcement uncovered the structure and details of the conspiracy through judicially authorized wiretaps on contraband cell phones being used in Oklahoma Department of Corrections penal institutions.
A second indictment unsealed yesterday (No. CR-19-372-F), also the result of wiretaps, describes a similar distribution network coordinated through contraband prison cell phones belonging to Ramon Dominquez, Douglas Smart, and Jose Hernandez. This conspiracy allegedly used the structure of the Southside Locos Gang to facilitate drug distribution by members and affiliates of the gang who were not incarcerated and who functioned as couriers. According to the indictment, some conspirators conducted “enforcement” work by committing acts of violence to collect drug debts, acquire new drugs, or protect assets. Conspirators stored methamphetamine and heroin at three residences in Oklahoma City.
Each of yesterday’s indictments charges one count of conspiracy, dozens of counts of distribution or possession with intent to distribute, multiple counts of using a communication facility to facilitate drug distribution, and one or more counts of maintaining drug-involved premises. Sharlene Cash is also charged with possessing a firearm in furtherance of a drug-trafficking crime. If found guilty of conspiracy, each defendant faces up to life in prison and a minimum mandatory sentence of ten years, as well as supervised release of up to life and a fine of up to $10,000,000. Convictions on counts charging distribution or possession with intent to distribute would carry maximum sentences of 20 years, 40 years, or life, depending on the drug amounts alleged in each count. Each count of using a telephone to facilitate a drug felony would carry a maximum sentence of four years. Conviction on the counts charging maintaining a drug-involved premises would carry a maximum sentence of 20 years. A finding of guilt on the firearm count would carry a mandatory term of imprisonment of five years, to be served in addition to any other imprisonment imposed.
Additional federal indictments in this investigation include CR-19-153-PRW, CR-19-183-PRW, CR-19-202-HE, and CR-19-203-G.
In addition to those previously arrested, officers from a variety of federal, state, and local law enforcement agencies executed a coordinated series of arrests and searches throughout Oklahoma City and Red Oak, Oklahoma, on the morning of December 5th. Including first responders, more than 100 personnel were involved in the operation. This takedown resulted in the arrest of 25 federal and state defendants. Some of the federal defendants were arraigned during the afternoon of December 5 before U.S. Magistrate Judge Shon T. Erwin.
Defendants Deany Nava, Ema Chavez, Hannah Shemberger, Jackie Knight, Jennifer Dawn Cuccaro, Rhiannon Faith Jones, Sharlene Cash, Shawn Lyons, and Willie Potter have not been apprehended and are considered fugitives.
Throughout the course of arresting defendants during various operations, law enforcement officers seized a total of more than 111 pounds of methamphetamine, approximately eight pounds of heroin, 216 grams of cocaine, 34 firearms, and approximately $200,000 in U.S. currency. Furthermore, coordination with the Oklahoma Department of Corrections, Office of Inspector General, resulted in the seizure of approximately nine contraband cell phones and five dangerous weapons from incarcerated individuals associated with the charged conspiracies.
The following agencies assisted in bringing these defendants into custody and searching locations associated with them:
- Federal Bureau of Investigation—Oklahoma City Field Office
- Internal Revenue Service—Criminal Investigations
- Oklahoma State Bureau of Investigation
- Oklahoma Department of Corrections, Office of Inspector General
- Oklahoma City Police Department
- Latimer County Sheriff’s Office
- Midwest City Police Department
- Moore Police Department
- University of Oklahoma Police Department
- Norman Police Department
This indictment is the result of an investigation by the Federal Bureau of Investigation—Oklahoma City Field Office; the Oklahoma City Police Department; the Internal Revenue Service—Criminal Investigations; the Bureau of Alcohol, Tobacco, Firearms, and Explosives; and the Oklahoma Department of Corrections, Office of Inspector General. The case is part of the Department of Justice’s Organized Crime and Drug Enforcement Task Force (“OCDETF”), which coordinates the investigation and federal prosecution of the highest priority drug trafficking organizations. It is being prosecuted by Assistant U.S. Attorneys Jason M. Harley and David McCrary.
The public is reminded that these charges are merely allegations and that each defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt. Reference is made to public filings for more information.
Two Men Charged with Child Sex TraffickingRead the Press Release
OKLAHOMA CITY – A federal grand jury has indicted ROLANDO CIFUENTES-LOPEZ, 36, and ERI LEONARDO CIFUENTES-LOPEZ, 40, both of Oklahoma City, on charges of child sex trafficking, announced U.S. Attorney Timothy J. Downing.
According to separate indictments returned by a federal grand jury today, each defendant obtained, solicited, and patronized two minor victims after having had a reasonable opportunity to observe them and knowing and in reckless disregard of the fact that each minor would be caused to engage in a commercial sex act. The indictment against Rolando Cifuentes-Lopez states he engaged in this conduct from November 2016 to January 18, 2019. The indictment against Eri Cifuentes-Lopez states he engaged in this conduct from January 2018 to January 18, 2019. Eri Cifuentes-Lopez is also charged with illegally re-entering the United States; he was removed from the country on November 2, 2005, and was found in the United States on November 20, 2019, without the consent of the Attorney General or the Secretary of Homeland Security.
According to court documents, FBI and Oklahoma City Police Department investigators determined that Rolando Cifuentes-Lopez owned the trailer where the two minor victims lived and threatened to evict their family if they did not comply with requests for sex. He allegedly had sex on multiple occasions with each of the minors, who were as young as 14, in exchange for cash or reduced rent. Eri Cifuentes-Lopez also allegedly had sex with each of the minors for cash.
Both men were arrested by Homeland Security Investigations after traffic stops on November 20, 2019. They have been in federal custody since that time.
If found guilty of child sex trafficking, each defendant faces a mandatory punishment of at least ten years and up to life in prison. If sentenced to less than life, they would be required to comply with terms of supervised release for at least five years and up to life and be required to register as sex offenders. Eri Cifuentes-Lopez also faces up to twenty years in prison for re-entering the United States illegally. Each defendant could also be fined up to $250,000 on each count and be ordered to pay restitution to trafficking victims.
Two other defendants in this investigation have entered guilty pleas to child sex trafficking. On August 28, 2019, Wilson Leonel Gramajo-Maldonado, 29, of Oklahoma City, pleaded guilty to a superseding information that charged him with obtaining the two minor victims for commercial sex acts between June 2018 and January 18, 2019. On September 5, 2019, Natalie Dawn Halbert pleaded guilty to two counts of child sex trafficking, one for each of the minors. She admitted before U.S. District Judge Charles Goodwin that she maintained the minors between November 2018 and January 18, 2019; provided them with condoms; and caused them to engage in commercial sex acts. Both of these other defendants face a mandatory punishment of at least ten years and up to life in prison. Both are in the custody of the U.S. Marshals Service.
These charges are the result of an investigation by the Federal Bureau of Investigation—Oklahoma City Field Office, the Oklahoma City Police Department, and U.S. Homeland Security Investigations. Assistant U.S. Attorneys K. McKenzie Anderson and Mary E. Walters are prosecuting the case.
The public is reminded that the charges against Rolando Cifuentes-Lopez and Eri Cifuentes-Lopez are merely allegations and that they are presumed innocent unless and until proven guilty beyond a reasonable doubt. Reference is made to public filings for more information.
Justice Department Awards Oklahoma Attorney General and OU Health Sciences Center More Than $2.9 Million to Promote Public SafetyRead the Press Release
OKLAHOMA CITY – The Department of Justice today announced that it has awarded more than $376 million in grant funding to enhance state, local, and tribal law enforcement operations and reinforce public safety efforts in jurisdictions across the United States. In Oklahoma, grants will go to the Oklahoma Attorney General’s Office and the University of Oklahoma Health Sciences Center in the total amount of $2,915,894. The Department’s Office of Justice Programs ("OJP") made the awards.
"Crime and violence hold families, friends, and neighborhoods hostage, and they rip communities apart," said OJP Principal Deputy Assistant Attorney General Katharine T. Sullivan. "These programs help restore the health and safety of crime-ravaged communities by supporting prevention activities, aiding in the apprehension and prosecution of perpetrators, facilitating appropriate sentencing and adjudication, and providing communities and their residents the means for recovery and healing."
The awards announced today support an array of crime-fighting initiatives, including the quarter-billion-dollar Edward Byrne Justice Assistance Grants Program, which funds public safety efforts in 929 state, local, and tribal jurisdictions. Funding also supports sex-offender registration and notification, law-enforcement-based victim services, the testing of sexual assault kits, and programs designed to address youth with sexual behavioral problems. Other awards will focus on wrongful convictions, intellectual property enforcement, innovative prosecution strategies, and the safety and effectiveness of corrections systems.
In Oklahoma, the Office of the Attorney General will receive $2,398,302 as part of the National Sexual Assault Kit Initiative ("SAKI"), which focuses on testing sexual assault kits that have not been submitted to a forensic laboratory and collecting DNA samples from qualifying individuals who should have a sample in the Combined DNA Index System ("CODIS"). The OU Health Sciences Center will receive an additional $517,592 toward the work of its affiliate, the National Center on the Sexual Behavior of Youth. These funds will support community-based interventions for youth with problematic or illegal sexual behaviors.
"Public safety is a team effort in our state," said U.S. Attorney Timothy J. Downing. "I’m proud that the Department of Justice can support law enforcement and crime prevention by assisting our teammates in state government, who are often best positioned to respond to threats to public safety."
Information about the programs and awards announced today is available here. For more information about OJP awards, visit the OJP Awards Data webpage.
The Office of Justice Programs, directed by Principal Deputy Assistant Attorney General Katharine T. Sullivan, provides federal leadership, grants, training and technical assistance, and other resources to improve the nation’s capacity to prevent and reduce crime, assist victims, and enhance the rule of law by strengthening the criminal and juvenile justice systems. More information about OJP and its components can be found at www.ojp.gov.
Grand Jury Charges Man in Bank Robbery SpreeRead the Press Release
OKLAHOMA CITY – DWAYNE EDWARD RASMUSSEN, 55, has been indicted on four counts of bank robbery, announced U.S. Attorney Timothy J. Downing.
According to a superseding indictment returned by a federal grand jury today, Rasmussen robbed four banks in the course of two months: the Weokie Credit Union at 2727 Southwest 15th Street in Oklahoma City on March 5, 2019; the Bank of the West at 1600 Southwest 89th Street in Oklahoma City on March 18, 2019; RCB Bank at 800 Garth Brooks Boulevard in Yukon on April 5, 2019; and Community Bank of Oklahoma at 1227 West Grand Avenue in Chickasha on April 30, 2019.
An affidavit in support of a criminal complaint filed on May 6, 2019, explains in connection with the final robbery that Rasmussen entered the Chickasha branch of Community Bank of Oklahoma at approximately 9:15 a.m. on April 30, 2019, and told a bank employee: "Give me all your 50’s and 100’s." After the employee complied, he allegedly said: "That’s not enough. Give me all your money." He is alleged to have taken virtually all the money from the three tellers’ drawers, for a total reported loss of $10,474. The affidavit states that while he did this, he brandished what appeared to be a pistol with a green grip.
Rasmussen was arrested on May 6 in downtown Oklahoma City and has been in the custody of the U.S. Marshals Service since that time.
If found guilty, Rasmussen faces a maximum potential penalty on each of the four counts of twenty years in prison, three years of supervised release, a fine of $250,000, and mandatory restitution. If, however, the court determines his criminal history includes two or more serious violent felonies, he could be subject to mandatory life in prison.
This case is the result of an investigation by the FBI—Oklahoma City Field Office, the Oklahoma City Police Department, the Yukon Police Department, and the Chickasha Police Department. Assistant U.S. Attorneys Wilson D. McGarry and Mary E. Walters are prosecuting the case.
The public is reminded that these charges are merely allegations and that Rasmussen is presumed innocent unless and until proven guilty beyond a reasonable doubt. Reference is made to public filings for more information.
Jury Returns Conviction for Murder in Indian CountryRead the Press Release
OKLAHOMA CITY – A federal jury has convicted TOMMY DEAN BULLCOMING, 55, of Hammon, Oklahoma, of first-degree felony murder in Indian Country and related offenses, announced Timothy J. Downing, U.S. Attorney for the Western District of Oklahoma.
A five-count indictment unsealed on April 6, 2018, charged Bullcoming with crimes he committed on September 6, 2017: first-degree premeditated murder, first-degree felony murder, carjacking resulting in death, kidnapping resulting in death, and arson. The indictment stated he "used force, violence, and intimidation to intentionally take a Lexus RX300" from an Indian and that this resulted in her death. It further alleged he killed the victim "by stabbing and cutting her with a sharp object." The arson count alleged he maliciously set fire to the victim’s dwelling in Hammon. The case is in federal court because Bullcoming is a member of the Cheyenne and Arapaho Tribes, because the offenses occurred in Indian Country, and because the vehicle used in the carjacking had traveled in interstate commerce. The victim, Linda “Lindy” Zotigh, is a member of the Cheyenne and Arapaho Tribes, as well.
Beginning on November 12, 2019, a jury heard evidence that Bullcoming beat Zotigh, his ex-girlfriend, in her home and then bound her mouth and wrists with duct tape. Using her vehicle, he drove her to a field in Indian Country and made her walk approximately 50 yards away from the road, where he stabbed her 48 times and slit her throat. He then drove her vehicle back to her home, which he set on fire. Volunteer firefighters from Hammon noticed fresh blood in the residence, and a Special Agent with the Bureau of Indian Affairs found fresh blood on the headrest of the vehicle. Both blood samples matched the victim, while blood on the vehicle’s dashboard matched Bullcoming.
The Bureau of Indian Affairs arrested Bullcoming in El Reno on September 8, 2017, for failing to appear before the Tribal District Court for the Cheyenne and Arapaho Tribes in Concho on September 7 on a charge of trafficking in controlled dangerous substances. He had scrapes and cuts on his arms, hands, and legs, as well as blood on his belt and sandals. DNA analysis confirmed the blood on his sandals belonged to the victim. On December 5, 2017, Bullcoming pleaded guilty in federal court to possessing marijuana with intent to distribute. He was sentenced in that case on April 18, 2018, to ten months in prison.
During the early evening of November 21, a jury found Bullcoming guilty of first-degree felony murder, carjacking resulting in death, kidnapping resulting in death, and arson of a dwelling. It was unable to reach a verdict on first-degree premeditated murder. The verdict was returned on what would have been Linda Zotigh’s birthday.
At sentencing, Bullcoming faces mandatory life in prison for felony murder, carjacking, and kidnapping. The maximum punishment for arson would be 25 years in prison and five years of supervised release. He could also be fined up to $250,000 on each count and be required to pay restitution. There is no parole in the federal justice system. Sentencing will take place in approximately 90 days.
This case is the result of an investigation by the Bureau of Indian Affairs, Office of Justice Services; the Federal Bureau of Investigation, Oklahoma City Field Office; the Bureau of Alcohol, Tobacco, Firearms, and Explosives; the United States Secret Service; the Oklahoma State Bureau of Investigation; the Oklahoma Highway Patrol; the Roger Mills County Sheriff’s Office; the Custer County Sheriff’s Office; the United States Marshals Service; and the Hammon Fire Department. Assistant U.S. Attorneys Mark R. Stoneman and Arvo Q. Mikkanen are prosecuting the case, which furthers the Department of Justice’s Missing and Murdered Indigenous Persons Initiative. Attorney General Barr is announcing that initiative today; for more information, go to https://www.justice.gov/opa/pr/attorney-general-william-p-barr-launches-national-strategy-address-missing-and-murdered.
Reference is made to court filings for further information.
Attorney General William P. Barr Launches National Strategy to Address Missing and Murdered Indigenous PersonsRead the Press Release
OKLAHOMA CITY – Attorney General William P. Barr today launched a national strategy to address missing and murdered Native Americans. The Missing and Murdered Indigenous Persons (MMIP) Initiative places MMIP coordinators in U.S. Attorney’s offices in 11 states, including Oklahoma, who will develop protocols for a more coordinated law enforcement response to missing cases. The plan also calls for the deployment of the FBI’s most advanced response capabilities when needed, improved data collection and analysis, and training to support local response efforts.
"American Indian and Alaska Native people suffer from unacceptable and disproportionately high levels of violence, which can have lasting impacts on families and communities. Native American women face particularly high rates of violence, with at least half suffering sexual or intimate-partner violence in their lifetime. Too many of these families have experienced the loss of loved ones who went missing or were murdered,” said Attorney General William P. Barr. "This important initiative will further strengthen the federal, state, and tribal law enforcement response to these continuing problems."
"The FBI recognizes the violence that tribal communities face and is fully committed to working with our federal, state, local, and tribal law enforcement partners to provide support to those impacted by these crimes," said FBI Director Christopher Wray. "We are dedicated to delivering justice and to the FBI’s mission to protect all the people we serve. We reaffirm our focus on allocating resources to serve Native American needs."
In Oklahoma, the MMIP coordinator will be based at the U.S. Attorney’s Office in the Northern District of Oklahoma but will directly assist all three U.S. Attorneys’ Offices in the state.
"Our Pledge of Allegiance ends with the phrase ‘with liberty and justice for all.’ Attorney General Barr’s Missing and Murdered Indigenous Persons plan furthers that ideal," said Trent Shores, U.S. Attorney for the Northern District of Oklahoma. "I’m proud to see this Justice Department including Native American victims as a crucial part of our violent crime reduction strategy."
"The joint MMIP coordinator will maximize the collaborative efforts of the three Oklahoma United States Attorney’s Offices as we work toward the shared goal of ensuring appropriate response to missing and murdered indigenous people in Oklahoma," said Brian J. Kuester, U.S. Attorney for the Eastern District of Oklahoma. "Our MMIP coordinator will undoubtedly find great support from our federal, tribal, state, and local law enforcement partners and non-governmental service organizations who understand and appreciate that working together we can and will enhance public safety in Indian Country."
"I am pleased to leverage our great working relationship with our sister U.S. Attorney’s Offices in Oklahoma to address violence in Indian Country," said Timothy J. Downing, U.S. Attorney for the Western District of Oklahoma. "Together, we will use this new resource to protect Native Americans throughout the state."
"The Cherokee Nation has held strong partnerships with the U.S. Attorney’s offices in the Northern and Eastern Districts, which is essential for the protection of our tribal communities and prevention of missing and murdered Native Americans in Indian Country," Cherokee Nation Principal Chief Chuck Hoskin, Jr. said. "We know these new efforts to enhance law enforcement coordination will improve data sharing and help reduce the violence against our native people"
"The State of Oklahoma welcomes the Department of Justice’s focus on reducing violence in Indian Country," said Lisa J. Billy, Oklahoma’s Secretary of Native American Affairs. "These resources represent a meaningful investment in ensuring safety for vulnerable members of native communities in our state. I am grateful to the U.S. Attorneys for their commitment to Indian Country."
The strategy has three parts.
Establish MMIP coordinators: The Department of Justice is investing an initial $1.5 million to hire 11 MMIP coordinators in 11 states to serve with all U.S. Attorney’s offices in those states, and others who request assistance. The states are Alaska, Arizona, Montana, Oklahoma, Michigan, Utah, Nevada, Minnesota, Oregon, New Mexico, and Washington state. MMIP coordinators will work closely with federal, tribal, state and local agencies to develop common protocols and procedure for responding to reports of missing or murdered indigenous people. The first MMIP coordinator is already on board in Montana.
Specialized FBI Rapid Deployment Teams: The strategy will bring needed tools and resources to law enforcement. Upon request by a tribal, state, or local law enforcement agency the FBI will provide expert assistance based upon the circumstances of a missing indigenous persons case. FBI resources and personnel which may be activated to assist with cases include: Child Abduction Rapid Deployment (CARD) teams, Cellular Analysis Support Teams, Evidence Response Teams, Cyber Agents for timely analysis of digital evidence/social media, Victim Services Division Response Teams, and others. MMIP coordinators will assist in developing protocols.
Comprehensive Data Analysis: The department will perform in-depth analysis of federally supported databases and analyze data collection practices to identify opportunities to improve missing persons data and share the results of this analysis with our partners in this effort.
More broadly, the MMIP Initiative will involve a coordinated effort by more than 50 U.S. Attorneys on the Attorney General’s Native American Issues Subcommittee (NAIS), the FBI, and the Office of Tribal Justice, with support from the Office of Justice Programs (OJP) and the Office on Violence Against Women (OVW).
Today’s announcement follows the August NAIS meeting in New Mexico and OVW listening session in Michigan, where Missing and Murdered Indigenous Persons and violence against women in Indian country were prevalent topics of discussion by U.S. Attorneys, OVW officials, and tribal representatives.
Man Who Attempted to Flee Arrest Convicted of Gun CrimeRead the Press Release
OKLAHOMA CITY – LAQUAY LEE JEFFERS, 41, has been convicted by a jury of being a felon in possession of a firearm, announced U.S. Attorney Timothy J. Downing.
According to an indictment filed on June 4, 2019, Jeffers possessed a firearm on April 4, 2019, after having been convicted of a crime punishable by imprisonment of more than one year. He has been in pre-trial custody of the U.S. Marshals Service since June 14.
During a trial that began on November 12, a jury heard that an Oklahoma City police officer attempted to stop Jeffers for a traffic violation late in the afternoon of April 4. Jeffers was the only person in the car. Rather than stopping, he drove through an apartment complex parking lot in an apparent attempt to flee. After he was boxed in between two buildings, the officer pulled Jeffers out of his car. A .380 pistol was on the front passenger seat.
On November 14, the jury unanimously found Jeffers guilty. In doing so, it rejected Jeffers’s defense that the gun belonged to his girlfriend and he was not aware it was in the car.
At sentencing, Jeffers faces up to ten years in prison, three years of supervised release, and a fine of up to $250,000. Sentencing will take place in approximately 90 days.
This conviction is the result of an investigation by the Oklahoma City Police Department and the Federal Bureau of Investigation, Oklahoma City Field Office. Prosecuted by Assistant U.S. Attorneys Ashley L. Altshuler and Travis D. Smith, the case is part of Project Safe Neighborhoods, 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.
Reference is made to public filings for further information.
Clinton Man Sentenced to Seven Years for Possessing a Firearm and High-Capacity MagazinesRead the Press Release
OKLAHOMA CITY – JASON SCOTT PEDRO, 37, of Clinton, has been sentenced to 84 months in prison for being a felon in possession of a firearm, announced U.S. Attorney Timothy J. Downing.
On April 16, 2019, a federal grand jury indicted Pedro for possessing a firearm on February 7, 2019, during a traffic stop. In particular, he possessed a lower receiver of an AR-15-style rifle, along with five loaded high-capacity magazines.
Pedro pleaded guilty on June 25, 2019.
On November 14, U.S. District Judge David L. Russell sentenced Pedro to 84 months in prison, an upward variance from an advisory sentencing guideline range of 51 to 63 months. Pedro will be required to serve three years on supervised release after his prison term. This sentence was based, among other things, on the nature and circumstances of the offense and the need to protect the public from further crimes of the defendant, whose criminal history includes two offenses involving domestic violence.
This case is the result of an investigation by the Clinton Police Department and the U.S. Department of Homeland Security. Prosecuted by Assistant U.S. Attorney Mary E. Walters, it is part of Project Safe Neighborhoods, 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.
Reference is made to court filings for further information.
Attorney General Barr Announces Launch of Project GuardianRead the Press Release
Today, Attorney General William P. Barr announced the launch of Project Guardian, a new initiative designed to reduce gun violence and enforce federal firearms laws across the country. Specifically, Project Guardian focuses on investigating, prosecuting, and preventing gun crimes.
Reducing gun violence and enforcing federal firearms laws have always been among the Department’s highest priorities. In order to develop a new and robust effort to promote and ensure public safety, the Department reviewed and adapted some of the successes of past strategies to curb gun violence. Project Guardian draws on the Department’s earlier achievements, such as the "Triggerlock" program, and it serves as a complementary effort to the success of Project Safe Neighborhoods (PSN). In addition, the initiative emphasizes the importance of using all modern technologies available to law enforcement to promote gun crime intelligence.
"Gun crime remains a pervasive problem in too many communities across America. Today, the Department of Justice is redoubling its commitment to tackling this issue through the launch of Project Guardian," said Attorney General William P. Barr. "Building on the success of past programs like Triggerlock, Project Guardian will strengthen our efforts to reduce gun violence by allowing the federal government and our state and local partners to better target offenders who use guns in crimes and those who try to buy guns illegally."
"Project Guardian will help the Western District of Oklahoma build on our success in Operation 922, which focuses on gun possession in the context of domestic violence," said U.S. Attorney Timothy J. Downing. "We look forward to working with the Bureau of Alcohol, Tobacco, Firearms, and Explosives, as well as other law enforcement agencies that address violent crime, to keep guns out of the hands of those prohibited under federal law."
"ATF has a long history of strong partnerships in the law enforcement community," said Acting Director Regina Lombardo. "Make no mistake, the women and men of ATF remain steadfast to our core mission of getting crime guns off of our streets. ATF and U.S. Attorneys nationwide will leverage these partnerships even further through enhanced community outreach initiatives and coordination with local, state, and tribal law enforcement and prosecutors to cut the pipeline of crime guns from those violent individuals who seek to terrorize our communities. Project Guardian will enhance ATF’s Crime Gun Intelligence, to include identifying, investigating, and prosecuting those involved in the straw purchases of firearms, lying on federal firearms transaction forms, and those subject to the mental health prohibition of possessing firearms."
Project Guardian’s implementation is based on five principles:
- Coordinated Prosecution. Federal prosecutors and law enforcement will coordinate with state, local, and tribal law enforcement and prosecutors to consider potential federal prosecution for new cases involving a defendant who: (a) was arrested in possession of a firearm; (b) is believed to have used a firearm in committing a crime of violence or a drug trafficking crime prosecutable in federal court; or (c) is suspected of actively committing a violent crime in the community on behalf of a criminal organization.
- Enforcing the Background Check System. United States Attorneys, in consultation with the Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms and Explosives in their district, will create new, or review existing, guidelines for intake and prosecution of federal cases involving false statements (including lie-and-try, lie-and-buy, and straw purchasers) made during the acquisition or attempted acquisition of firearms from Federal Firearms Licensees.
Particular emphasis will be placed on individuals convicted of violent felonies or misdemeanor crimes of domestic violence, individuals subject to protective orders, and individuals who are fugitives where the underlying offense is a felony or misdemeanor crime of domestic violence; individuals suspected of involvement in criminal organizations or of providing firearms to criminal organizations; and individuals involved in repeat denials.
- Improved Information Sharing. On a regular basis, and as often as practicable given current technical limitations, ATF will provide to state law enforcement fusion centers a report listing individuals for whom the National Instant Criminal Background Check System (NICS) has issued denials, including the basis for the denial, so that state and local law enforcement can take appropriate steps under their laws.
- Coordinated Response to Mental Health Denials. Each United States Attorney will ensure that whenever there is federal case information regarding individuals who are prohibited from possessing a firearm under the mental health prohibition, that information continues to be entered timely and accurately into the United States Attorneys’ Offices’ case-management system for prompt submission to NICS. ATF should engage in additional outreach to state and local law enforcement on how to use this denial information to better assure public safety.
Additionally, United States Attorneys will consult with relevant district stakeholders to assess the feasibility of adopting Disruption of Early Engagement Programs (DEEP) to address mental-health-prohibited individuals who attempt to acquire a firearm. United States Attorneys should consider, when appropriate, recommending court-ordered mental health treatment for any sentences issued to individuals prohibited based on mental health.
- Crime Gun Intelligence Coordination. Federal, state, local, and tribal prosecutors and law enforcement will work together to ensure effective use of the ATF’s Crime Gun Intelligence Centers (CGICs), and all related resources, to maximize the use of modern intelligence tools and technology. These tools can greatly enhance the speed and effectiveness in identifying trigger-pullers and finding their guns, but the success depends in large part on state, local, and tribal law enforcement partners sharing ballistic evidence and firearm recovery data with the ATF.
Federal law enforcement represents only about 15% of all law enforcement resources nationwide. Therefore, partnerships with state, local, and tribal law enforcement and the communities they serve are critical to addressing gun crime. The Department recognizes that sharing information with our state, local, and tribal law enforcement partners at every level will enhance public safety and provide a greater depth of resources available to address gun crime on a national level.
For more information on Project Guardian, see the Attorney General’s memorandum at: https://www.justice.gov/ag/project-guardian-memo-2019/download.
- Coordinated Prosecution. Federal prosecutors and law enforcement will coordinate with state, local, and tribal law enforcement and prosecutors to consider potential federal prosecution for new cases involving a defendant who: (a) was arrested in possession of a firearm; (b) is believed to have used a firearm in committing a crime of violence or a drug trafficking crime prosecutable in federal court; or (c) is suspected of actively committing a violent crime in the community on behalf of a criminal organization.
Carnegie Man Charged with Premeditated Murder in Indian CountryRead the Press Release
OKLAHOMA CITY – A federal grand jury has charged ISAIAH WHITEFOX REDBIRD, 34, of Carnegie, Oklahoma, with premeditated murder and assault with the intent to commit murder, announced U.S. Attorney Timothy J. Downing.
According to an indictment returned by a federal grand jury yesterday, Redbird deliberately killed a person by striking him on the head with a blunt force instrument on September 11, 2018, in Indian Country. He is charged in a separate count with assaulting a person identified as K.R. on the same day with the intent to commit murder.
An affidavit filed in federal court on November 28, 2018, alleges the Chief of the Carnegie Police Department discovered K.R. walking on a street in Carnegie on the morning of September 12, 2018, with severe head injuries. K.R. could not remember how she sustained her injuries. According to the affidavit, law enforcement discovered the body of K.R.’s boyfriend, Byron Tongeamah Jr., also known as "Subee," later that morning in the carport of an abandoned residence in which they had been sleeping. The abandoned residence is in Indian Country, and Tongeamah and K.R. are both Indians.
Two witnesses reported they had seen Redbird near the abandoned residence on the night of September 11. Further investigation by the Bureau of Indian Affairs and the Federal Bureau of Investigation led to a residence at which Redbird allegedly attempted to burn and then buried his clothing soon after Tongeamah’s death.
Redbird was arrested in Arizona on September 26, 2018, for an unrelated probation violation. He has been in federal custody since that time.
If found guilty of premeditated murder, Redbird faces a mandatory punishment of life in prison. If convicted of assault with intent to commit murder, he could be sentenced to up to twenty years in prison and up to five years of supervised release. He could also be fined up to $250,000 on each count.
This case is a result of an investigation by the Bureau of Indian Affairs, the Federal Bureau of Investigation—Oklahoma City Field Office, and the Carnegie Police Department. Assistant U.S. Attorneys Brandon Hale and Jason Harley 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 public filings for more information.
Alva Man Pleads Guilty to Interstate Murder PlotRead the Press Release
OKLAHOMA CITY – VERNON WAYNE BROCK, 70, of Alva, has pleaded guilty to hiring someone to commit murder, announced U.S. Attorney Timothy J. Downing.
A federal grand jury indicted Brock on April 17, 2019, for using interstate commerce facilities to commit murder-for-hire during the first few days of April. According to an affidavit filed in the case, an individual from Kansas whom Brock was trying to hire to commit murder contacted the FBI and cooperated in the investigation. Law enforcement determined that Brock and the individual from Kansas were partners in Oklahoma vape shops and that Brock was upset with a former employee who refused to continue a sexual relationship with him. Brock wanted the individual from Kansas to arrange the murder of the former employee’s boyfriend in Oklahoma City in exchange for $5,000. He identified the boyfriend by sending a picture to the individual from Kansas and confirming "that’s the guy we want dead." Recorded conversations between Brock and the individual from Kansas included statements such as: "Are they going to thump her around a little bit? And do him? Cause that’s what I wanted."
FBI agents arrested Brock on the afternoon of April 3, with the assistance of the Woods County Sheriff’s Office, after Brock delivered a $5,000 check to the individual from Kansas at a café in Harper, Kansas. He has been in federal custody since that time.
Brock pleaded guilty this morning to the one-count indictment. He admitted he traveled in interstate commerce on April 1, 2019, and used facilities of interstate commerce—a cell phone and a pickup truck—with intent that murder be committed in exchange for payment.
At sentencing, Brock faces a potential penalty of ten years in prison, a fine of $250,000, and three years of supervised release. Sentencing will take place in approximately 90 days.
This case is a result of an investigation by the Federal Bureau of Investigation–Oklahoma City Field Office, Woodward Resident Agency. Prosecuted by Assistant U.S. Attorneys Ashley Altshuler and Jason Harley, the case is part of Project Safe Neighborhoods, 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 crimes connected to domestic violence.
Reference is made to public filings for more information.
Enid Doctor Pays $50,000 to Settle Civil Penalty ClaimsRead the Press Release
OKLAHOMA CITY – Joe Alexander, M.D., has agreed to pay $50,000 to settle civil penalty claims stemming from allegations he violated the Comprehensive Drug Abuse Prevention and Control Act of 1970 and its regulations, announced United States Attorney Timothy J. Downing.
Dr. Alexander owns and operates the Alexander Clinic, a weight loss center in Enid, Oklahoma. He also owns and operates weight loss clinics in Texas. The United States alleges that from January 1, 2017, to June 10, 2019, Dr. Alexander issued prescriptions for Schedule III and IV controlled substances in Oklahoma without a DEA registration number for the clinic address in Oklahoma, and without a controlled substance license from the Oklahoma Bureau of Narcotics.
To resolve these allegations, Dr. Alexander has agreed to pay $50,000 to the United States.
In reaching this settlement, Dr. Alexander 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.
Norman Bank Robbery Suspect ArrestedRead the Press Release
OKLAHOMA CITY – CLAYTON LEROY BOWER, 43, of Norman, has been arrested for robbing Chase Bank in Norman, announced U.S. Attorney Timothy J. Downing.
According to an affidavit in support of a criminal complaint filed on October 28, 2019, Bower entered the Chase Bank branch near Robinson Street and 36th Avenue late in the day on Friday, October 25. He allegedly handed a plastic grocery sack and a demand note to a teller, who filled the sack with approximately $2,730.00. After bank surveillance photos were published in the media, law enforcement received information that pointed to Bower. He was arrested at his Norman apartment on October 27 and made an initial appearance today before U.S. Magistrate Judge Shon T. Erwin.
If found guilty of bank robbery, Bower faces a maximum potential penalty of twenty years in prison, three years of supervised release, a fine of $250,000, and mandatory restitution.
This case is a result of an investigation by the Federal Bureau of Investigation—Oklahoma City Division and the Norman Police Department. Assistant U.S. Attorney Edward J. Kumiega is prosecuting the case.
The public is reminded that this charge is merely an allegation and that Bower is presumed innocent unless and until proven guilty beyond a reasonable doubt. Reference is made to public filings for more information.
Sulphur Man Sentenced to More Than Ten Years for Oil and Gas FraudRead the Press Release
OKLAHOMA CITY – JUSTIN LANE FOUST, 43, of Sulphur, Oklahoma, has been sentenced to 121 months in prison for wire fraud, money laundering, and aggravated identity theft in connection with fraud against Chesapeake Energy, announced U.S. Attorney Timothy J. Downing.
According to an 11-count indictment filed on January 16, 2018, Foust was employed by Chesapeake Operating, Inc., a wholly owned subsidiary of Chesapeake Energy Corporation, from April 2002 until September 2011. In July 2011, Foust formed Platinum Express, LLC, which became an approved vendor for Chesapeake Operating in October of that year. The indictment alleged that from October 2011 until July 2014, Chesapeake Operating contracted with Platinum Express primarily to transport waste water to disposal facilities in western Oklahoma.
On February 5, 2019, a jury convicted Foust on 8 out of 11 counts of defrauding Chesapeake Operating by causing Platinum Express to submit false invoices for services it did not perform. In particular, Foust created fraudulent work tickets for steaming production equipment, dirt berm work, plating tanks, hauling rock, repairing cattle guards, blading lease roads, and other services. He generated many fraudulent invoices for amounts just under $5,000, which he knew from his prior work with Chesapeake Operating required a lower level of approval for processing and payment. The trial evidence established he forged the signature and employee identification number a Chesapeake Operating employee on each invoice to ensure Chesapeake Operating’s accounting department would process them. This conduct qualifies as aggravated identity theft. He further caused these work tickets and invoices to be submitted through interstate wire communications to Oildex, the Denver, Colorado, company that processed the claims on behalf of Chesapeake Operating.
Today U.S. District Judge Stephen P. Friot sentenced Foust to 121 months in prison, to be followed by three years of supervised release, during which he must perform 104 hours of community service. This sentence includes a mandatory minimum two-year sentence for aggravated identity theft. It also takes into account the court’s finding that Foust obstructed justice by using civil lawsuits as a diversionary tactic to inculpate others, destroyed evidence, staged a fake break-in of the Platinum Express office, and provided false information to law enforcement.
The court also ordered Foust to pay $2,646,207.22 in restitution and $4,345,619.00 in forfeiture, which represents the proceeds he received from the offense as noticed in the indictment.
This case is the result of an investigation by the Oklahoma Economic and Identity Crimes Task Force, which is composed of the United States Secret Service, the FBI, IRS–Criminal Investigations, Homeland Security Investigations, the U.S. Postal Inspection Service, the Oklahoma Highway Patrol, the Oklahoma City Police Department, the Edmond Police Department, the Moore Police Department, and the Norman Police Department. The case agents hail from FBI and IRS–Criminal Investigations. Assistant U.S. Attorneys Jessica L. Perry, Amanda Green, and Tom Snyder prosecuted the case.
Reference is made to court filings for further information.
Norman Man Pleads Guilty to Failing to File Federal Tax ReturnsRead the Press Release
OKLAHOMA CITY – BRIAN LEE FOSTER, 50, of Norman, has pleaded guilty to failing to file two personal federal income tax returns, announced U.S. Attorney Timothy J. Downing.
According to a two-count information filed on October 8, Foster received gross income of approximately $1,424,449 in 2012 and approximately $981,528 in 2013. The United States alleged he willfully failed to file any income tax return for each year.
Foster pleaded guilty today before U.S. Magistrate Judge Suzanne Mitchell. He admitted he earned substantial income in 2012 and 2013 and intentionally failed to file required tax returns.
At sentencing, Foster faces a maximum penalty on each count of one year in prison and a fine of up to $100,000, in addition to up to one year of supervised release. Pursuant to his plea agreement, he will also be required to pay restitution to the Internal Revenue Service for unpaid taxes, which could include years in addition to 2012 and 2013. Sentencing will take place in approximately 90 days.
These charges are the result of an investigation by the Internal Revenue Service—Criminal Investigations. The case is being prosecuted by Assistant U.S. Attorney Charles W. Brown.
Reference is made to court filings for further information.
DOJ Awards State Department of Education and Oklahoma City and Norman Schools More Than $2.3 Million for School SecurityRead the Press Release
OKLAHOMA CITY – The Department of Justice has awarded more than $85.3 million to bolster school security—including funding to educate and train students and faculty—and support first responders who arrive on the scene of a school shooting or other violent incident. Including a statewide grant to the Department of Education, more than $2.3 million will go to school security measures in the Western District of Oklahoma.
"These federal resources will help to prevent school violence and give our students the support they need to learn, grow, and thrive," said Attorney General William P. Barr. "By training faculty, students, and first responders, and by improving school security measures, we can make schools and their communities safer."
"Improving public safety by reducing violence is a top priority for this office," said U.S. Attorney Timothy J. Downing of the Western District of Oklahoma. "I am pleased the Department of Justice’s grants can help our state’s educators keep our schools free of violence."
The grants include $600,000 to prevent violence in schools in Norman and Oklahoma City. They also provide more than $1.7 million to the Oklahoma State Department of Education. In particular, DOJ has awarded:
- $250,000 to the State Department of Education and $100,000 to Norman Public Schools to address threats through anonymous reporting technology;
- $996,855 to the State Department of Education to create or enhance a state school safety center;
- $498,997 to the State Department of Education to prevent and respond to mental health crises; and
- $500,000 to Oklahoma City Public Schools for school security measures.
President Trump signed the STOP School Violence Act into law in March 2018, authorizing grants that are designed to improve threat assessments, train students and faculty to provide tips and leads, and prepare law enforcement officers and emergency professionals to respond to school shootings and other violent incidents. The grant programs are managed by OJP’s Bureau of Justice Assistance and the Justice Department’s Office of Community Oriented Policing Services.
The Bureau of Justice Assistance, within the Department’s Office of Justice Programs, and the Office of Community Oriented Policing Services manage the programs and administer the grants, which include funds to:
- Develop school threat assessment teams and pursue technological solutions to improve reporting of suspicious activity in and around schools;
- Implement or improve school safety measures, including coordination with law enforcement, as well as the use of metal detectors, locks, lighting and other deterrent measures;
- Train law enforcement to help deter student violence against others and themselves;
- Improve notification to first responders through implementation of technology that expedites emergency notifications;
- Develop and operate anonymous reporting systems to encourage safe reporting of potential school threats;
- Train school officials to intervene when mentally ill individuals threaten school safety; and
- Provide training and technical assistance to schools and other awardees in helping implement these programs.
About the Office of Justice Programs:
The Office of Justice Programs, directed by Principal Deputy Assistant Attorney General Katharine T. Sullivan, provides federal leadership, grants, training, technical assistance and other resources to improve the nation’s capacity to prevent and reduce crime, assist victims and enhance the rule of law by strengthening the criminal justice system. More information about OJP and its components can be found at www.ojp.gov.
About the Office of Community Oriented Policing Services:
The COPS Office is a federal agency responsible for advancing community policing nationwide. Since 1994, the COPS Office has invested more than $14 billion to advance community policing, including grants awarded to more than 13,000 state, local and tribal law enforcement agencies to fund the hiring and redeployment of approximately 130,000 officers and provide a variety of knowledge resource products including publications, training and technical assistance. For additional information about the COPS Office, please visit www.cops.usdoj.gov.