Western District of Oklahoma
Press releases recorded for this federal judicial district.
Oklahoma City Man Pleads Guilty to Producing Child PornographyRead the Press Release
OKLAHOMA CITY – RICHARD SPILLANE, 30, of Oklahoma City, pleaded guilty today to producing child pornography, announced Robert J. Troester of the U.S. Attorney’s Office.
According to a complaint filed on July 16, 2018, law enforcement officers determined that an internet user with an email address linked to Mr. Spillane was engaging in conversations and sharing photographs depicting children engaged in sexually explicit conduct on a network often used to receive and distribute child pornography. Mr. Spillane was arrested on July 17, 2018, and has remained in federal custody since his arrest.
On August 7, 2018, a federal grand jury returned a six-count indictment charging Mr. Spillane with two counts of producing child pornography and four counts of knowingly receiving child pornography. According to the indictment, between approximately October 15, 2017, and July 17, 2018, Mr. Spillane used two minors, "John Doe #1" and "John Doe #2," to produce photographs of the children engaging in sexually explicit conduct. It is also alleged that he received images via the internet on four specific days in June and July of this year of children engaging in sexually explicit conduct.
At his guilty plea hearing this morning, Mr. Spillane admitted to producing photographs of "John Doe #1" engaging in sexually explicit conduct and distributing them via the internet. At a sentencing hearing set for January 29, 2019, he faces a mandatory minimum of 15 years and up to 30 years in prison, as well as a maximum $250,000 fine, along with a term of supervised release of at least five years and up to life. He also must pay restitution to the victims of his conduct in an amount to be determined by the court at sentencing.
This case is the result of an investigation by the FBI and is being prosecuted by Assistant U.S. Attorney Julia E. Barry.
Reference is made to court records for further information.
Laser Pointed at Police Helicopter Results in Criminal ConvictionRead the Press Release
OKLAHOMA CITY – AARON DONACIANO CAMARILLO-MORALES, 25, a citizen of Mexico, pleaded guilty today to pointing a laser at an Oklahoma City Police Department helicopter, announced Robert J. Troester of the United States Attorney’s Office.
According to a complaint filed on October 16, 2018, the Air Support Unit of the Oklahoma City Police Department contacted a Special Agent with the U.S. Department of Transportation—Office of Inspector General on September 18, 2018, to report that a green laser had struck a police helicopter. According to an affidavit in support of the complaint, the pilot had been temporarily blinded by a laser that appeared to emanate from a silver van in the area of 29th and South Shields driven by Camarillo-Morales.
Today Camarillo-Morales pleaded guilty to pointing a laser at an aircraft in the special aircraft jurisdiction of the United States. He admitted to United States District Judge Robin J. Cauthron that he knew he had directed a beam at a police helicopter. His conduct violated a statute that specifically prohibits pointing lasers at aircraft. Congress enacted this criminal prohibition in 2012 to prevent pilots from losing control of their aircraft as a result of laser beams.
At sentencing, Camarillo-Morales faces up to five years in prison, a $250,000 fine, up to three years of supervised release, and restitution to the Oklahoma City Police Department. He will be detained in the custody of the U.S. Marshals Service until imposition of sentence, which is scheduled for November 15. After he serves his sentence, he will be subject to deportation proceedings.
"In this district, we will do all we can to deter anyone who considers pointing a laser at an aircraft—especially an aircraft operated by law enforcement," said Mr. Troester. "It is against federal law and a public safety issue to point a laser at any aircraft because it endangers the lives of those in the aircraft and those on the ground if the aircraft loses control."
"The criminal charges and plea in this investigation demonstrate that ensuring the safety of the nation’s air transportation system remains a high priority for both the Office of Inspector General (OIG) and the Department of Transportation (DOT)," said Joseph Zschiesche, DOT-OIG Regional Special Agent in Charge. "We will continue working with local, state, and federal law enforcement agencies to pursue and apprehend individuals who violate the law and endanger public safety by intentionally aiming a laser pointing device at aircraft."
This case is the result of an investigation by the U.S. Department of Transportation—Office of the Inspector General, U.S. Immigration and Customs Enforcement, and the Oklahoma City Police Department. Assistant U.S. Attorney Travis D. Smith is prosecuting the case.
Reference is made to court filings for further information.
Two Found with Approximately 1,260 Pounds of Liquid Methamphetamine in Norman are Charged with Possession with Intent to DistributeRead the Press Release
OKLAHOMA CITY – ENRIQUE LARA, 36, of Chicago, Illinois, and JASMINE MORALES, 21, of McAllen, Texas, were charged yesterday with possessing with intent to distribute approximately 1,260 pounds of liquid methamphetamine, announced Robert J. Troester of the United States Attorney’s Office for the Western District of Oklahoma.
On October 22, 2018, law enforcement in Norman found approximately 1,260 pounds—or approximately 150 gallons—of liquid methamphetamine in the fuel tank of a semi-trailer truck parked in the parking lot at a Norman hotel. The affidavit in support of the complaint alleges that Lara was the driver and Morales was the passenger of the vehicle. According to the affidavit, the estimated value of the liquid methamphetamine may exceed $3,000,000 in the Oklahoma City area.
If convicted of the methamphetamine offense, each defendant faces a minimum sentence of 10 years’ imprisonment and up to life imprisonment.
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 is prosecuting 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 and David P. Petermann are prosecuting the case.
Reference is made to court filings for further information.
Correctional Officer at Federal Transfer Center Pleads Guilty to Accepting Bribes in Exchange for Smuggling ContrabandRead the Press Release
OKLAHOMA CITY – GABRIEL ORTIZ, 36, of Oklahoma City, pleaded guilty yesterday to accepting bribes in return for smuggling contraband into the Federal Transfer Center, announced Robert J. Troester of the United States Attorney’s Office for the Western District of Oklahoma.
On October 2, 2018, Ortiz was charged in a one-count information with bribery by a public official. Ortiz worked as a senior correctional officer at the Federal Transfer Center (FTC), a correctional facility located in Oklahoma City and operated by the Federal Bureau of Prisons (BOP). The FTC houses inmates ranging from maximum security to minimum security and primarily serves as a transfer hub for inmates moving from one BOP facility to another.
As part of his job, Ortiz was responsible for supervising inmates to ensure the safety and security of the FTC. In particular, Ortiz was responsible for searching inmates and inmate housing units to prevent the introduction of contraband into the facility. According to the information, from June 2018 until September 3, 2018, Ortiz solicited and accepted monetary payments in exchange for smuggling contraband, including marijuana, synthetic marijuana (known as "K2"), Suboxone, and tobacco, into the FTC for inmates.
At his plea hearing today, Ortiz admitted that he accepted bribes in exchange for smuggling contraband into the FTC. At sentencing, Ortiz faces up to 15 years in prison, a $250,000 fine, and up to three years of supervised release. United States District Judge Robin J. Cauthron will sentence Ortiz on January 24, 2019. This case is the result of an investigation by the U.S. Department of Justice Office of the Inspector General and the Federal Bureau of Investigation. Assistant U.S. Attorney Jessica L. Perry is prosecuting the case.
Reference is made to court filings for further information.
Oklahoma City Man Receives 18 Months in Prison for Use of Credit Profile NumbersRead the Press Release
OKLAHOMA CITY – CALVIN WAYNE CADE, JR., 28, of Oklahoma City, has been sentenced to eighteen months in prison for using credit profile numbers, or CPNs, to falsely report his Social Security Number in credit applications, announced Robert J. Troester of the U.S. Attorney’s Office.
According to charges filed in November 2017, Cade used CPNs, also known as "credit privacy numbers" or "credit protection numbers," instead of his own Social Security Number when he applied for financing at retailers and financial institutions. CPNs, which are actually stolen Social Security Numbers, are marketed to individuals with poor credit history as a way to get a fresh start and establish a new credit identity. The CPNs used by Mr. Cade were stolen Social Security Numbers belonging to children born in 2006 and 2008. By using CPNs instead of his own Social Security Number on credit applications, Cade deceived retailers, credit card companies, banks, and credit unions into believing he had a better credit history than he had actually earned. He purchased five vehicles, household furnishings, televisions, computers, and other goods, and then made little to no payments on the credit accounts, which caused financial losses to his creditors.
On March 5, 2018, Cade pleaded guilty to knowingly making a false statement to a financial institution after he used a CPN instead of his own Social Security Number when he applied for an auto loan from BBVA Compass Bank.
Today U.S. District Judge David L. Russell sentenced him to eighteen months in prison, to be followed by three years of supervised release. He must also pay $112,924.54 in restitution to BBVA Compass Bank and the other creditors he defrauded.
This case is the result of an investigation by the Social Security Administration’s Office of the Inspector General, the FBI, and the United States Postal Inspection Service. It was prosecuted by Assistant U.S. Attorney Jessica L. Perry.
Reference is made to public filings for further information.
Department of Justice and Department of Interior Team up for Major Expansion of Tribal Access to National Crime Information DatabasesRead the Press Release
OKLAHOMA CITY — The Department of Justice and the Department of the Interior announced a dramatic expansion of the federal government’s key program that provides tribes with access to national crime information databases, the Justice Department’s Tribal Access Program for National Crime Information (TAP). By the end of 2019, the Justice Department will expand the number of TAP participating tribes by more than 50 percent—from 47 tribes to 72.
Two of the new participating tribes are in the Western District of Oklahoma: the Absentee Shawnee Tribe and the Cheyenne and Arapaho Tribes.
Governor Edwina Butler-Wolfe said: "The Absentee Shawnee Tribe is excited about our recent Tribal Access Program Grant. The Tribal Access Program will improve public safety, assist in identifying fugitives from justice, and aid with child protective services and the Tribe’s Sex Offender Registration within our Tribal jurisdiction through the access and exchange of critical data."
"The Cheyenne and Arapaho Tribes are extremely pleased we have been selected to participate in the Tribal Access Program," said Governor Reggie Wassana. "Throughout Indian Country, tribal justice systems are weighed down by the constant effects of criminal activity. TAP will give the Tribes the ability to access and exchange data with national crime information systems. More than ten tribal programs from our domestic violence program to child protection services will benefit from this grant. I want to recognize the U.S. Department of Justice, Office of Sex Offender Sentencing, Monitoring, Apprehending, Registering, and Tracking (SMART), the Office of Community Oriented Policing Services (COPS), and the Office for Victims of Crime (OVC) for their commitment to ensure Tribes have access to the tools needed to improve public safety."
"For far too long, a lack of access to federal criminal databases has hurt tribal law enforcement—preventing them from doing their jobs and keeping their communities safe," said Deputy Attorney General Rod Rosenstein. "With the Tribal Access Program, participating tribes will be able to protect victims of domestic violence, register sex offenders, keep guns out of dangerous hands, and help locate missing people. This milestone demonstrates our deep commitment to strengthening public safety in Indian country."
"I am proud to authorize the funding for the expansion of the Tribal Access Program to the Bureau of Indian Affairs to make the future of justice in Indian Country stronger," said Assistant Secretary for Indian Affairs Tara Sweeney at the 75th National Congress of American Indians Convention on October 22. "The Bureau of Indian Affairs is proud to grant greater access to these important databases at more locations throughout Indian Country. Performing background checks is a critical step in protecting our precious Native children in foster care, and tribal communities served by the BIA will benefit from access to this extensive public safety tool."
"Access to information is vital to effective law enforcement," said Trent Shores, U.S. Attorney for the Northern District of Oklahoma and the Chairman of the Attorney General’s Advisory Subcommittee on Native American Issues. "The Tribal Access Program will enhance and improve the ability of tribal law enforcement officers to serve their communities. The Native American Issues Subcommittee is proud to support the continued expansion of this tool throughout Indian Country."
The Native American Issues Subcommittee (NAIS) is comprised of United States Attorneys with Indian Country in their federal districts. They advise the Attorney General regarding the development and implementation of policies pertaining to justice in Indian Country. The NAIS identified ‘increased law enforcement resources’ as one of four priority areas to improve justice services in Indian Country. Support for and increased dissemination of the TAP was unanimously supported by the U.S. Attorneys at a recent NAIS meeting in Indian Country in Tulsa, Oklahoma.
"We at the BIA-OJS look forward to having direct access to these vital resources," said Deputy BIA Director for Office of Justice Services Charles Addington. "We have waited years for the opportunity to streamline how we access these critical databases and the funding authorized by AS-IA Sweeney will allow our law enforcement officers the ability to receive the information they need to do their jobs effectively and keep them safe."
TAP, offered in two versions, TAP-FULL and TAP-LIGHT, allows tribes to serve and protect their communities more effectively by fostering the exchange of critical data through several national databases through the FBI’s Criminal Justice Information Systems (CJIS) network, including the National Crime Information Center (NCIC), Next Generation Identification (NGI), National Data Exchange (N-DEx), National Instant Criminal Background Check System (NICS), Law Enforcement Enterprise Portal (LEEP) as well as other national systems such as the International Justice and Public Safety Network (Nlets). TAP enhances tribal efforts to register sex offenders pursuant to the Sex Offender Registration and Notification Act (SORNA); have orders of protection enforced nationwide; protect children; keep firearms away from persons who are disqualified from receiving them; improve the safety of public housing, and allow tribes to enter their arrests and convictions into national databases.
TAP-FULL consists of a kiosk workstation that provide access to national systems and is capable of processing finger and palm prints, as well as taking mugshots and submitting records to national databases. TAP-LIGHT is software for criminal agencies that include police departments, prosecutors, criminal courts, jails, and probation departments. Both versions provide federally recognized tribes the ability to access and exchange data with national crime information databases for both civil and criminal purpose. TAP is currently available to 47 tribes nationwide with over 220 tribal criminal justice and civil agencies participating.
For more information on TAP, including a list and map of present TAP-FULL and TAP-LIGHT tribes, visit www.justice.gov/tribal/tribal-access-program-tap. For more information about the Justice Department’s work on tribal justice and public safety issues, visit www.justice.gov/tribal.
Oklahoma Orthopedic Company to Pay $455,000 to Settle Claims of False Medical BillingRead the Press Release
OKLAHOMA CITY – OLSEN ORTHOPEDICS, P.L.L.C., an Oklahoma City orthopedic company, has agreed to pay $455,000 to settle civil allegations that it submitted false claims to Medicare and TRICARE, announced Robert J. Troester of the U.S. Attorney’s Office.
The United States alleges that from December 1, 2011, through May 5, 2016, Olsen Orthopedics administered by injection Orthovisc and Euflexxa to Medicare and TRICARE beneficiaries. Medicare and TRICARE will only reimburse health care providers for drugs and devices approved by the U.S. Food and Drug Administration. According to the United States, Olsen Orthopedics’ claims to Medicare and TRICARE were false because the Orthovisc and Euflexxa it administered was purchased outside the United States and did not have FDA approval for use in the United States.
In order to resolve the allegations, Olsen Orthopedics agreed to pay $455,000.
In reaching this settlement, Olsen Orthopedics did not admit liability, and the government did not concede that its claims lack merit. The agreement allows the parties to avoid the delay, expense, inconvenience, and uncertainty of litigating the case.
This case was investigated by the U.S. Food and Drug Administration, Office of Criminal Investigations; the FBI; and the Defense Criminal Investigative Service. It was prosecuted by Assistant United States Attorneys Ronald R. Gallegos and Scott Maule.
Justice Department Awards More Than $30 Million to Project Safe Neighborhoods to Combat Violent CrimeRead the Press Release
OKLAHOMA CITY – In support of the Department’s PSN programs throughout the country, Attorney General Sessions has announced almost $28 million in grant funding to combat violent crime through PSN and another $3 million for training and technical assistance to develop and implement violent crime reduction strategies and enhance services and resources for victims of violent crime.
Of the almost $28 million, $247,251 has been allocated to the Oklahoma District Attorneys Council to support PSN in the Western District of Oklahoma. The Council was also allocated $157,363 for PSN in the Northern District of Oklahoma and $111,323 for PSN in the Eastern District of Oklahoma.
"Project Safe Neighborhoods is a proven program with demonstrated results," Attorney General Jeff Sessions said. "We know that the most effective strategy to reduce violent crime is based on sound policing policies that have proven effective over many years, which includes being targeted and responsive to community needs. I have empowered our United States Attorneys to focus enforcement efforts against the most violent criminals in their districts, and directed that they work together with federal, state, local, and tribal law enforcement and community partners to develop tailored solutions to the unique violent crime problems they face. Each United States Attorney has prioritized the PSN program, and I am confident that it will continue to reduce crime, save lives, and restore safety to our communities."
PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
Through the enhanced PSN, the Department is targeting the most violent criminals in the most violent areas and using policing tools that did not exist even a few years ago. Tools like crime gun intelligence centers (CGICs), which combine intelligence from gunshot detection systems, ballistics, gun tracing, and good old-fashioned police work, help to develop real-time leads on the "traffickers and trigger pullers" who are fueling the violence in their communities.
The Department has already started to observe signs of progress. The FBI’s official crime data for 2017 reflects that, after two consecutive increases in violent crime, in the first year of the Trump Administration the nationwide violent crime rate began to decline. The nationwide violent crime rate decreased by approximately one percent in 2017, while the nationwide homicide rate decreased by nearly one-and-a-half percent. The preliminary information for 2018 shows that the Department’s efforts are continuing to pay off. Public data from 60 major cities show that violent crime decreased by nearly five percent in those cities in the first six months of 2018 compared to the same period one year earlier.
The grants announced today build on Attorney General Sessions’s commitment to reducing violent crime in America. The Department has distributed additional resources and built up strong partnerships with local law enforcement in communities plagued by violent crime. Since the announcement of the reinvigoration of the PSN program in October 2017, the Department of Justice has increased the number of federal prosecutors focused on violent crime by over 300, directed its resources to improving cooperation between federal and local law enforcement agencies, restored local control of police agencies by reining in excessive use of consent decrees, reformed civil asset forfeiture and restored asset-sharing with state and local law enforcement, and helped fund over 800 hundred officers in police departments across America.
Department of Justice Announces More Than $70 Million to Support School Safety and $64 Million to Improve State Criminal Record SystemsRead the Press Release
OKLAHOMA CITY – The Department of Justice today announced more than $70 million in grant funding to bolster school security, educate and train students and faculty, and support law enforcement officers and first responders who arrive on the scene of a school violence incident, including $398,345 for the Oklahoma State Department of Education.
These grants are in addition to the funding to the National Association of School Resource Officers (NASRO), announced by Attorney General Sessions last week, to expand and update its curriculum to better support training programs. When combined, these funds will better protect students, teachers, faculty, and first responders across the United States. Additionally, the Department is awarding more than $64 million to state agencies to improve the completeness, quality, and accessibility of the nation’s criminal record systems, which will help law enforcement and increase the effectiveness of background checks.
"President Trump and his administration will ensure the safety of every American school," Attorney General Jeff Sessions said. "Earlier this year he signed into law the STOP School Violence Act, which provides grant funding to develop anonymous school threat reporting systems, to implement school building security measures, and to train students, school personnel, and law enforcement on how to prevent school violence. Today I am announcing $70 million in these grants to hundreds of cities and states across America. These grants will go a long way toward giving young people and their families both safety and peace of mind."
The Bureau of Justice Assistance (BJA), part of the Office of Justice Programs (OJP), and the Office of Community Oriented Policing Services (COPS Office) together are making more than 220 awards to jurisdictions across the country to help make schools more secure. The awards, granted through three funding streams, will provide new technology for reporting systems and other threat deterrent measures and create school safety training and education programs for school administrators, staff, students, and first responders. This includes support for existing crisis intervention teams and the creation of new ones.
- BJA’s STOP School Violence Threat Assessment and Technology Reporting Program will provide 68 awards valued at more than $19 million. This funding supports training to create and operate threat assessment and crisis intervention teams and to develop technology for local or regional anonymous reporting systems. This technology may be in the form of a mobile phone application, hotline, or website.
- The STOP School Violence Prevention and Mental Health Training Program, also managed by BJA, will provide training and education on preventing violence and effectively responding to related mental health crises. This program will fund 85 awards at nearly $28 million.
- The COPS Office School Violence Prevention Program (SVPP) will provide nearly $25 million to 91 jurisdictions for school safety measures including coordination with law enforcement, training for law enforcement to prevent student violence against others and self, target hardening measures, and technology for expedited notification of law enforcement during an emergency.
The grants are authorized by the STOP School Violence Act, which are intended to improve school security by helping students and teachers reduce exposure to risks, prevent acts of violence, and quickly recognize and respond to violent attacks.
The Oklahoma State Department of Education will receive $249,684 through the STOP School Violence Threat Assessment and Technology Reporting Program and $148,661 through the STOP School Violence Prevention and Mental Health Training Program. Oklahoma recipients outside the Western District of Oklahoma are the Durant Independent School District ($149,772 under the Mental Health Training Program), the Cherokee Nation ($473,201 under the COPS Office SVPP), and the City of Fairland ($55,842 under the COPS Office SVPP).
The Department also announced that it has awarded more than $64 million to state agencies to improve the completeness, quality, and accessibility of the nation’s criminal record systems. These grants are administered by the Bureau of Justice Statistics, part of OJP. Approximately $43 million in funding will be administered through the National Criminal History Improvement Program (NCHIP), and nearly $21 million will be awarded under the National Instant Criminal Background Check System (NICS) Act Record Improvement Program. These grant programs help states automate and upgrade records accessed by the firearms background check system. This year, at the direction of the Attorney General, the Department prioritized funding for projects that improve accessibility of criminal history records, domestic violence convictions, and information on persons who are prohibited from possessing firearms for mental-health-related reasons.
The Department is also investing over $1 million in research to better understand the factors behind mass shooting incidents. The grant awards, made by the Department’s National Institute of Justice (NIJ), part of OJP, support scientific investigations that will examine factors that contribute to mass violence, identify any patterns in mass shootings, analyze psychological and social life histories of mass shooters and community-level predictors of mass violence, and examine firearm purchasing patterns of known mass shooters in order to create a risk prediction tool.
For addition information on today’s grant announcements, visit www.bja.gov or www.cops.usdoj.gov.
Pottawatomie County Man to Serve 210 Months in Prison for Unlawful Possession of FirearmsRead the Press Release
OKLAHOMA CITY – ADRIAN DAVID RAY GERDON, 38, of Pottawatomie County, has been sentenced to 210 months in federal prison for being a convicted felon in possession of a firearm, announced Robert J. Troester of the U.S. Attorney’s Office for the Western District of Oklahoma.
According to court records, state authorities issued felony arrest warrants in unrelated cases for Gerdon on December 28, 2017. An investigation led law enforcement to Gerdon, who had been hiding out in a trailer in Newalla, Oklahoma. During Gerdon’s arrest on January 24, 2018, law enforcement discovered a Smith and Wesson, Model 3913, 9mm pistol in the trailer along with a Savage Arms, Mark II, .22 caliber rifle. Further investigation revealed that Gerdon had previous felony convictions in Pottawatomie County for domestic assault and battery by strangulation, burglary in the first degree, assault with a dangerous weapon, possession of illegal drugs, bringing illegal drugs into a jail, and domestic assault and battery resulting in great bodily injury. Under federal firearms laws, Gerdon was prohibited from being in possession of any firearm because of his prior felony convictions.
On March 7, 2018, Gerdon was indicted by a federal grand jury for being in unlawful possession of a firearm following his felony convictions. He pleaded guilty on May 17, 2018.
At his sentencing hearing on September 28, United States District Judge Vicki Miles-LaGrange found that Gerdon’s criminal history makes him an Armed Career Criminal, which increases his minimum punishment to 15 years in prison. Judge Miles-LaGrange ordered the 210 months to be served concurrently with several previously-imposed state-court sentences. Additionally, Gerdon was ordered to serve three years of supervised release after his prison term.
This sentence is the result of an investigation by the Bureau of Alcohol Tobacco Firearms and Explosives, the Shawnee Police Department, and Oklahoma’s District 23 Drug and Violent Crimes Task Force, with assistance from the Cleveland County District Attorney’s Office and the Pottawatomie County District Attorney’s Office. Prosecuted by Assistant U.S. Attorney Mark R. Stoneman, the case is part of Project Safe Neighborhoods, a Department of Justice program to reduce violent crime. In October 2017, Attorney General Jeff Sessions announced the reinvigoration of Project Safe Neighborhoods and directed U.S. Attorney’s Offices to develop crime-reduction strategies that incorporate lessons federal law enforcement has learned since the program’s launch in 2001.
Reference is made to public filings for further information.
Justice Department Awards Almost $320 Million to Combat Opioid CrisisRead the Press Release
OKLAHOMA CITY – On the first day of National Substance Abuse Prevention Month, the Department of Justice announced it is awarding almost $320 million to combat the opioid crisis in America. The unprecedented funding will directly help those most impacted by the deadliest drug crisis in American history, including crime victims, children, families, and first responders.
"President Trump has made ending the opioid crisis a priority for this administration, and under his leadership, the Department of Justice has taken historic action," said Attorney General Jeff Sessions. "Today we are announcing our next steps: investing $320 million into all three parts of the President’s comprehensive plan to end the epidemic: prevention, treatment, and enforcement. We are attacking this crisis from every angle—and we will not let up until we bring it to an end."
The awards include $5,968,103 for entities in Oklahoma:
- Oklahoma Bureau of Narcotics & Dangerous Drugs
- $750,000 to strengthen the Prescription Drug Monitoring Program
- Oklahoma Department of Mental Health & Substance Abuse Services
- $485,786 for state-wide drug courts
- $889,229 for enhancement of family drug courts
- $600,000 for new family drug courts
- $1,000,000 for research on the effectiveness of family drug courts
- Cleveland County Drug Court
- $250,000 for enhancements to drug courts
- $300,000 for enhancements to veteran treatment courts
- Muscogee Creek Nation
- $943,088 for a comprehensive abuse site-based program
- Legal Aid Services of Oklahoma, Inc.
- $750,000 for services for children and youth affected by the opioid crisis
In 2017, more than 72,000 Americans lost their lives to drug overdoses, an increase from the 64,000 overdose deaths in 2016, according to the Centers for Disease Control and Prevention. The majority of these deaths can be attributed to opioids, including illicit fentanyl and its analogues. October marks two important anti-drug events: Red Ribbon Week and National Prescription Drug Takeback Day. Red Ribbon Week takes place every year between October 23-31 and encourages students, parents, schools, and communities to promote drug-free lifestyles. The Drug Enforcement Administration’s (DEA) National Prescription Drug Take Back Day on October 27 aims to provide an opportunity for Americans to prevent overdose deaths and drug addictions before they start. DOJ expanded DEA's Drug Takeback Days and collected more than 2.7 million pounds of expired or unused prescription drugs since April 2017.
The Attorney General has been resolute in the fight against the drug crisis in America. The Department assigned more than 300 federal prosecutors to U.S. Attorneys’ offices and hired more than 400 DEA task force officers, announced the formation of Operation Synthetic Opioid Surge, a new program to reduce the supply of deadly synthetic opioids in high impact areas, and created a new data analytics program called the Opioid Fraud and Abuse Detection Unit to assist 12 prosecutors sent to drug "hot spot districts." In addition, the Department charged more than 3,000 defendants with trafficking in heroin, fentanyl, or prescription drugs in FY 2017, announced the first-ever indictments of Chinese nationals for fentanyl trafficking, and scheduled variants of fentanyl to prevent illicit drug labs from circumventing the law. In addition, DOJ executed the largest ever health care fraud enforcement action by charging more than 600 defendants and proposed rules consistent with President Trump's "Safe Prescribing Plan," which requires a reduction of ten percent in 2019 in manufacturing quotas. The Department dismantled AlphaBay, the largest criminal marketplace on the Internet, and has already generated prosecutions in the fight against online drug trafficking through the Joint Criminal Opioid Darknet Enforcement Team (J-CODE).
The approximately $320 million awarded by the Department’s Office of Justice Programs (OJP) will be distributed to maximize effectiveness throughout the country. A breakdown of the grant funding can be found here. The general categories of grants are:
- Innovative Prosecution Solutions for Combating Violent Crime and Opioid Abuse ($2.8 Million)
- Help prosecutors develop strategies to address violent crime caused by illegal opioid distribution and abuse
- Comprehensive Opioid Abuse Site-based Program ($162 Million)
- Help jurisdictions plan and implement programs aimed at reducing opioid abuse and mitigating its impact on crime victims, including training and technical assistance
- Justice and Mental Health Collaboration Program ($5.9 Million)
- Address the treatment needs of people using opioids under the Justice and Mental Health Collaboration Program
- Helping Children and Youth Impacted by Opioids ($46.6 Million)
- Help children and youth impacted by the opioid crisis, including training and technical assistance
- Drug Courts ($81.2 Million)
- Assist adult, juvenile, and family drug courts and veterans treatment courts, including training and technical assistance
- Paul Coverdell Forensic Science Improvement Grant Program ($17 Million)
- Address the dramatic increase in deaths and the backlogs of seized drugs as a result of the opioid crisis
- Opioid-Related Research for Criminal Justice Purposes ($4.1 Million)
- Development of new tools to enforce the law, ensure public safety, prevent and control crime, and ensure fair and impartial administration of justice
OJP provides federal leadership in developing the nation’s capacity to prevent and control crime, administer justice, and assist victims. OJP has six bureaus and offices: the Bureau of Justice Assistance; the Bureau of Justice Statistics; the National Institute of Justice; the Office of Juvenile Justice and Delinquency Prevention; the Office for Victims of Crime; and the Office of Sex Offender Sentencing, Monitoring, Apprehending, Registering and Tracking. More information about OJP and its components can be found at: www.ojp.gov.
- Oklahoma Bureau of Narcotics & Dangerous Drugs
Justice Department Files Sexual Harassment Lawsuit Against Owners of Oklahoma City Rental PropertiesRead the Press Release
OKLAHOMA CITY – The Justice Department today announced that it has filed a lawsuit alleging that female tenants and applicants in residential rental properties in or around Oklahoma City were subjected to sexual harassment, coercion, intimidation, and threats in violation of the federal Fair Housing Act. The complaint names four defendants: the Executor of the Estate of Walter Ray Pelfrey; Rosemarie Pelfrey, as Trustee of the W. Ray Pelfrey Revocable Trust and the Rosemarie Pelfrey Revocable Trust; Omega Enterprises, LLC; and Pelfrey Investment Company, LLC.
Today’s lawsuit, filed in the U.S. District Court for the Western District of Oklahoma, alleges that Walter Ray Pelfrey sexually harassed female tenants and applicants of rental properties from at least 2001 through 2017. According to the complaint, he engaged in harassment that included, among other things, making unwelcome sexual advances and comments, engaging in unwanted sexual touching, demanding or pressuring female applicants to engage in sexual acts to obtain rental housing, offering to reduce rent and overlooking or excusing late or unpaid rent in exchange for sex, evicting or threatening to evict female tenants who objected to or refused sexual advances, and entering the homes of female tenants without their consent. The lawsuit further alleges that, upon the death of Walter Ray Pelfrey on July 15, the Estate of Walter Ray Pelfrey assumed liability for discriminatory housing practices. In addition, the lawsuit alleges that Rosemarie Pelfrey in her role as trustee, Omega Enterprises, LLC, and Pelfrey Investment Company, LLC are liable under the Fair Housing Act because Walter Ray Pelfrey managed the rental properties on their behalf when he engaged in the harassment, coercion, intimidation, and threats.
"Female tenants should not be subjected to illegal harassment and demands for sex," said Acting Assistant Attorney General John Gore. "The Justice Department will continue to enforce the Fair Housing Act against landlords who engage in this misconduct and cause women to feel unsafe in their own homes."
"Tenants have the right to be free from unwanted sexual harassment and intimidation by their landlord under the federal Fair Housing Act," said Robert J. Troester of the U.S. Attorney’s Office for the Western District of Oklahoma. "Today’s civil complaint represents a significant step toward achieving justice and compensation for vulnerable victims of civil rights violations."
In October 2017, the Justice Department launched an initiative to combat sexual harassment in housing. In April 2018, the Department announced the nationwide rollout of the initiative, including three major components: a new joint Task Force with the Department of Housing and Urban Development to combat sexual harassment in housing, an outreach toolkit to leverage the Department’s nationwide network of U.S. Attorney’s Offices, and a public awareness campaign, including the launch of a national Public Service Announcement.
Since launching the initiative, the Justice Department has filed six lawsuits alleging a pattern or practice of sexual harassment in housing – more than it has filed in any previous fiscal year. The Justice Department has filed or settled 11 sexual harassment cases since January 2017, and has recovered over $1.6 million for victims of sexual harassment in housing.
Today’s lawsuit seeks monetary damages to compensate the victims, civil penalties and a court order barring future discrimination. The complaint contains allegations of unlawful conduct. The allegations must be proven in federal court.
The federal Fair Housing Act prohibits discrimination in housing based on race, color, religion, national origin, sex, disability and familial status. More information about the Civil Rights Division and the laws it enforces is available at http://www.justice.gov/crt. Individuals who believe that they may have been victims of sexual harassment or other types of housing discrimination at rental dwellings previously owned or operated by Walter Pelfrey, or who have other information that may be relevant to this case, can contact the Housing Discrimination Tip Line:
- English language: Call 1-800-896-7743, then press 1 to continue in English and select mailbox 991 to leave a message; or
- Spanish language: Call 1-800-896-7743, then press 2 to continue in Spanish and select mailbox 9 to leave a message.
Individuals can also report sexual harassment and other forms of housing discrimination by e-mailing the Justice Department at [email protected].
Behavioral Counselor Sentenced for Fraudulent Medicaid BillingRead the Press Release
OKLAHOMA CITY – JOHN CLARENCE BRADLEY, 49, of Oklahoma City, has been sentenced to 24 days of weekend jail confinement and five years of probation for defrauding Medicaid, announced Robert J. Troester of the U.S. Attorney’s Office and Oklahoma Attorney General Mike Hunter.
A federal grand jury returned a 101-count indictment against Bradley on December 13, 2017. As a licensed professional counselor under an agreement with the Oklahoma Health Care Authority ("OHCA"), Bradley had been submitting claims to SoonerCare, Oklahoma’s Medicaid Program, for behavioral counseling services provided by Primary Therapeutic Services, RLLP, a company he owned. According to the indictment, the OHCA reimbursed Bradley for counseling five minors who turned out to be his niece and nephews. Regulations and ethical rules governing licensed professional counselors prohibit the counseling of family members. Consequently, Medicaid regulations prohibit reimbursement for counseling family members. Between October 31, 2013, and July 30, 2017, Bradley caused the OHCA to pay fraudulent counseling claims totaling $182,732.12.
Bradley pleaded guilty to one count of health care fraud on March 13, 2018. He agreed to pay $182,732.12 in restitution, partly to SoonerCare via the OHCA and partly to the federal Centers for Medicare and Medicaid Services. To date he has paid $46,000 of this amount.
On September 25, Chief U.S. District Judge Joe Heaton sentenced Bradley to 24 days in jail during weekends. In addition, Bradley will be on probation for five years.
This case is the result of an investigation by the Medicaid Fraud Control Unit of the Oklahoma Attorney General’s Office. It was prosecuted by Assistant U.S. Attorney Amanda Green and Assistant Oklahoma Attorney General Lory Dewey, who also serves as a Special Assistant U.S. Attorney.
Reference is made to court filings for further information.
Justice Department Will Award up to $246 Million in Grants to Improve Public Safety in American Indian and Alaska Native CommunitiesRead the Press Release
WASHINGTON – Robert J. Troester of the U.S. Attorney’s Office joined the Department of Justice today in announcing more than $113 million in grant awards to improve public safety, serve victims of crime, combat violence against women, and support youth programs in American Indian and Alaska Native communities. The following tribes in the Western District of Oklahoma have been awarded these amounts:
- Absentee Shawnee Tribe of Indians of Oklahoma: $898,035 to combat violence against women
- Cheyenne & Arapaho Tribes: $1,450,129 for corrections and victim assistance
- Citizen Potawatomi Nation: $476,650 for public safety and community policing
- Comanche Nation: $2,412,117 for public safety and community policing, substance abuse, violence against women, and justice for children
- Iowa Tribe of Oklahoma: $449,999 for victim assistance
- Kaw Nation: $746,001 for public safety and community policing and substance abuse
- Otoe-Missouria Tribe of Indians: $449,594 for victim assistance
- Ponca Tribe of Oklahoma: $239,671 for public safety and community policing
- The Chickasaw Nation: $1,422,800 for public safety and community policing and violence against women
- Tonkawa Tribe of Indians of Oklahoma: $157,463 for public safety and community policing
Throughout Oklahoma, nineteen tribes will receive $17,833,044 in public safety grants.
"In addition to prosecuting criminal cases in Indian Country, U.S. Attorney’s Offices support healthy tribal communities and the welfare of all tribal citizens," Mr. Troester said. "I am thrilled that the Department of Justice can make this financial investment to enhance public safety in Oklahoma’s Indian Country."
Nationwide, grants were awarded to 133 American Indian tribes, Alaska Native villages, and other tribal designees through the Coordinated Tribal Assistance Solicitation, a streamlined application for tribal-specific grant programs. Of the $113 million, just over $53 million comes from the Office of Justice Programs, more than $35 million from the Office on Violence Against Women, and more than $24.7 million from the Office of Community Oriented Policing Services.
In addition, the Department is in the process of allocating up to $133 million in a first-ever set aside program to serve victims of crime in American Indian and Alaska Native communities. The awards are intended to help tribes develop, expand, and improve services to victims of crime by providing funding, programming, and technical assistance. Recipients will be announced in the near future.
"With these awards, we are doubling the amount of grant funding devoted to public safety programs and serving victims of crime in Native American communities," said Acting Associate Attorney General Jesse Panuccio, who made the announcement during his remarks at the 26th Annual Four Corners Indian Country Conference in Santa Fe, New Mexico. “There is an unacceptable level of violent crime and domestic abuse in American Indian and Alaska Native communities. This increase in resources, together with our aggressive investigation and prosecution of crimes, shows how seriously Attorney General Sessions and the entire Department of Justice take these issues. We are committed to reducing violent crime and improving public safety.”
The Four Corners Conference is facilitated annually by U.S. Attorneys from Arizona, Colorado, New Mexico and Utah to provide a forum for discussion of justice-related topics with a large number of populous and diverse tribal nations located in the region.
CTAS awards cover nine purpose areas: public safety and community policing; justice systems planning; alcohol and substance abuse; corrections and correctional alternatives; children’s justice act partnerships; services for victims of crime; violence against women; juvenile justice; and tribal youth programs. CTAS funding helps tribes develop and strengthen their justice systems’ response to crime, while expanding services to meet their communities’ public safety needs.
Today’s announcement is part of the Justice Department’s ongoing initiative to increase engagement, coordination, and action on public safety in American Indian and Alaska Native communities.
A listing of today’s announced CTAS awards is available at: www.justice.gov/tribal/page/file/1095161/download.
Oklahoma City Man Sentenced to Nearly 20 Years for Bomb Threat and Child PornographyRead the Press Release
OKLAHOMA CITY – ROBERT SHANE APGAR, 35, of Oklahoma City, has been sentenced to 235 months in prison for making a bomb threat and sending child pornography.
According to the first count of a four-count indictment returned by a federal grand jury on July 18, 2017, Apgar used the Internet on December 1, 2015, to send false information about an attempt to bomb the Grady County Courthouse. An affidavit filed on May 2, 2017, explains that this threat was made anonymously to the FBI by email and triggered precautions at the Grady County Sheriff’s Office. The email stated that the bombing would be carried out by a person later identified as Apgar’s estranged ex-wife, whom he had threatened before.
On December 8, 2015, after further investigation, the FBI executed a search warrant at an Oklahoma City residence where Apgar was living with his mother. The search yielded pornographic images of prepubescent children from October 2015. According to Count 2 of the indictment, Apgar attempted to persuade, induce, and entice a minor to engage in sexually explicit conduct for the purpose of transmitting video images of that conduct. According to Count 3, Apgar used a facility of interstate commerce to send images of a minor engaging in sexually explicit conduct. And according to Count 4, Apgar possessed images of that sort with intent to view them after they had been sent through a means of interstate commerce. The three child pornography counts were the result of an undercover operation by the St. Charles County Police Department in Missouri.
Apgar has been in the custody of the U.S. Marshals Service since August 2017. On October 2, 2017, he pleaded guilty to making a bomb threat and sending child pornography. The government agreed to dismiss the remaining two counts involving child pornography.
Today U.S. District Judge Timothy D. DeGiusti sentenced Apgar to 235 months in prison, to be followed by 10 years of supervised release. He will also be required to register as a sex offender. The court explained this sentence is required to protect the public.
This case is the result of an investigation by the FBI and the St. Charles County (Missouri) Police Department, with the assistance of the Grady County Sheriff’s Office. It was prosecuted by Assistant U.S. Attorney Brandon Hale.
Reference is made to court filings for further information.
Former Oklahoma State Senator Sentenced to Fifteen Years for Child Sex TraffickingRead the Press Release
OKLAHOMA CITY – RALPH ALLEN LEE SHORTEY, 36, has been sentenced to fifteen years in prison for soliciting a minor to engage in a commercial sex act.
"Today’s sentence shows that federal law enforcement will take whatever steps are necessary to protect children from sexual exploitation, regardless of the status or position of the defendant," said Robert J. Troester of the U.S. Attorney’s Office.
FBI Special Agent-in-Charge Kathryn Peterson said: "This investigation reinforces the message that the victimization of children will not be tolerated by law enforcement. The FBI will continue to meticulously investigate these crimes, which cause irreparable harm and trauma to the victims."
Shortey pleaded guilty on November 30, 2017, to one count of child sex trafficking. In particular, he admitted he solicited a minor identified as "John Doe" to engage in a commercial sex act on March 8 and 9, 2017. According to a September 2017 indictment, Doe advised Shortey on March 8 via Kik, a mobile messaging app, that he needed money for spring break. Shortey replied: "I don’t really have any legitimate things I need help with right now. Would you be interested in ‘sexual’ stuff?" After Doe responded "yes," the Kik conversation included explicit references to sex acts. Just after midnight on March 9, Shortey drove Doe to a Super 8 Motel in Moore, Oklahoma, where Shortey rented a room with his credit card. Based on information provided by Doe’s father, officers of the Moore Police Department knocked on the motel room door at approximately 1:00 a.m. and discovered Doe with Shortey, whose backpack contained an open box of condoms.
Shortey was serving as an Oklahoma State Senator at the time of the offense. He resigned in March 2017, shortly after his conduct led the Cleveland County District Attorney to charge him with state crimes. A federal grand jury returned a four-count indictment against Shortey on September 5, 2017. That indictment included three counts relating to child pornography: emailing videos of a prepubescent girl and young boys in October 2013 and producing child pornography by persuading John Doe to send him a sexually explicit image. As a result of a plea agreement, the United States dismissed these counts. The court, however, was still entitled to consider them in determining an appropriate sentence.
Today U.S. District Judge Timothy D. DeGiusti sentenced Shortey to prison for 180 months, or fifteen years, in addition to ten years of supervised release. The sentence also requires him to pay $5,100 in special assessments. Restitution will be determined at a later time.
This case is the result of an investigation by the FBI and the Moore Police Department, with assistance from the Cleveland County District Attorney’s Office and the Oklahoma State Bureau of Investigation. Assistant U.S. Attorneys K. McKenzie Anderson and Brandon Hale prosecuted the case.
Reference is made to court filings for further information.
Jury Convicts Oil Company Owner of FraudRead the Press Release
OKLAHOMA CITY – A jury has convicted KEVIN WIECK, 52, of Cromwell, Oklahoma, on ten counts of wire fraud and five counts of money laundering.
On July 3, 2018, a federal grand jury returned a fifteen-count superseding indictment against Wieck, who owned and operated Wieck Oil Company, LLC. According to the indictment, Wieck’s fraudulent scheme involved two types of oil wells: three "vertical" wells and a "horizontal" well. Wieck sold working interests in the vertical wells that supposedly guaranteed investors percentages of oil revenue. He allegedly kept the majority of the money for himself rather than paying investors. Wieck sold and attempted to sell percentages of his supposed ownership interest in the horizontal well, when he in fact never actually owned—and therefore had no right to sell—any portion of that well. The five money laundering counts involved transfers of criminal proceeds in amounts larger than $10,000 between bank accounts. According to the indictment, Wieck fled to Mexico around late August 2014. He has been in the custody of the U.S. Marshals Service since April 11, 2018.
Trial began on September 11, 2018. Eight investors from Tulsa, Edmond, Michigan, Illinois, and elsewhere testified about Wieck’s false promises and misrepresentations in connection with the vertical wells. These investors had invested cash, co-signed loans with Wieck, or provided in-kind services such as drilling, road work, and construction on the wells at reduced rates. Two investors testified that Wieck solicited investments in the horizontal well. A local energy company executive who later assumed control of the three vertical wells confirmed that Wieck had a right to participate in the horizontal well but had never paid to exercise that right. He further explained that Wieck filed oil and gas assignments late and failed to secure division orders to pay investors directly. Instead, he exercised a "quick pay" option, which funneled all revenue into his own bank accounts.
An FBI forensic accountant confirmed during trial that Wieck received more than $1.17 million in revenue and—even after production and operating costs—pocketed at least $600,000, in addition to the value of investors’ in-kind contributions. Wieck’s ex-wife corroborated that she and Wieck splurged on hotel stays, vacations, and large purchases when investments came in.
After three days of testimony, a jury deliberated for approximately two hours before returning guilty verdicts on all counts on September 14.
Sentencing will take place in approximately 90 days. Wieck could receive twenty years in prison on each count of mail fraud and ten years on each count of money laundering. Each conviction could also carry a fine of up to $250,000 and supervised release of up to three years. He will also be required to pay restitution to victims of his fraudulent scheme.
This case is the result of an investigation by the FBI. Assistant U.S. Attorneys Julia E. Barry and William Farrior are prosecuting the case.
Reference is made to court filings for further information.
Grand Jury Indicts "Joe Exotic" for Murder-For-HireRead the Press Release
OKLAHOMA CITY – JOSEPH MALDONADO-PASSAGE, also known as Joseph Allen Maldonado, Joseph Allen Schreibvogel, and "Joe Exotic," 55, formerly of Wynnewood, Oklahoma, has been indicted on two counts of hiring a person to commit murder.
On September 5, 2018, a federal grand jury returned an indictment that accuses Maldonado-Passage of hiring an unnamed person in November 2017 to murder "Jane Doe" in Florida. According to the indictment, Maldonado-Passage gave the unnamed person $3,000 to travel from Oklahoma to South Carolina and then to Florida to carry out the murder. He allegedly agreed to pay thousands more after the deed. The indictment alleges Maldonado-Passage caused the person to travel to Dallas to get fake identification for use in the plot. According to the indictment, the person traveled from Oklahoma to South Carolina on November 26, 2017.
In a second count, the indictment alleges that beginning in July 2016, Maldonado-Passage repeatedly asked a different unnamed person to find someone to murder Jane Doe in exchange for money. The second person put Maldonado-Passage in contact with an undercover FBI agent. Maldonado-Passage met with the undercover agent on December 8, 2017, to discuss details of murdering Jane Doe.
Jane Doe did not suffer any physical harm.
The U.S. Marshals Service arrested Maldonado-Passage today in Gulf Breeze, Florida. He will make his initial appearance before a U.S. Magistrate Judge today in the Pensacola Division of the Northern District of Florida, followed by further proceedings in the Western District of Oklahoma.
If Maldonado-Passage is found guilty of murder-for-hire, he could be imprisoned on each count up to ten years. He would also be subject to up to three years of supervised release and a fine of up to $250,000 per count.
This case is the result of an investigation by the U.S. Fish and Wildlife Service Office of Law Enforcement and the FBI, with assistance from the U.S. Marshals Service. Assistant U.S. Attorneys Amanda Green and Charles W. Brown are prosecuting the case.
The public is reminded that these charges are merely allegations and that Maldonado-Passage is presumed innocent unless and until proven guilty beyond a reasonable doubt. Reference is made to court filings for further information.
Jury Returns Carjacking ConvictionRead the Press Release
OKLAHOMA CITY – Today a jury convicted RUFUS LOU NELSON, JR., 34, of four felonies: being a felon in possession of ammunition, carjacking, kidnapping, and using and discharging a firearm during a crime of violence.
On August 7, 2018, a federal grand jury returned a four-count superseding indictment against Nelson, also known as Rufus H. Nelson and Ruffies Harold Nelson, Jr. The indictment concerns events on July 5, 2016, when Nelson was alleged to have used force, violence, and intimidation to take a 2012 Ford Taurus from a woman who suffered serious bodily injury.
Nelson’s jury trial began on Tuesday, September 4. The evidence showed that Nelson forced a woman at gunpoint to drive from Edmond to the south side of Oklahoma City. While she was driving on Interstate 240 between May Avenue and Pennsylvania Avenue, Nelson shot her in the head. She survived but is now permanently blind. After she got out of the car and onto the median, two Good Samaritans stopped to provide medical assistance and called 911. Oklahoma Highway Patrol officers found Nelson approximately one hour later under the overpass at I-240 and Pennsylvania Avenue.
At sentencing, Nelson could be sentenced to life in prison for kidnapping. The carjacking conviction could result in up to twenty-five years in prison. The conviction for being a felon in possession of ammunition could lead to a ten-year sentence. And the conviction for using and discharging a firearm during a crime of violence triggers a sentence of at least ten years and up to life, in addition to five years of supervised release. The last sentence would be in addition to any sentence imposed on the other three counts. Each count also carries a maximum fine of $250,000.
Nelson remains in custody and will be sentenced in approximately 90 days.
This case is the result of an investigation by the Oklahoma City Police Department, the Bureau of Alcohol, Tobacco, Firearms & Explosives, and the Oklahoma Highway Patrol, with assistance from the Oklahoma County District Attorney’s Office and the Oklahoma State Bureau of Investigation. Prosecuted by Assistant U.S. Attorneys Mark R. Stoneman and Brandon T. Hale, the case is part of Project Safe Neighborhoods, a Department of Justice program to reduce violent crime. In October 2017, Attorney General Jeff Sessions announced the reinvigoration of Project Safe Neighborhoods and directed U.S. Attorney’s Offices to develop crime-reduction strategies that incorporate lessons federal law enforcement has learned since the program’s launch in 2001.
Reference is made to court filings for further information.
Guard at Federal Transfer Center Charged with Taking Bribes to Smuggle DrugsRead the Press Release
OKLAHOMA CITY – GABRIEL ORTIZ, 36, of Oklahoma City, has been charged with taking bribes while serving as a Correctional Officer at the Federal Transfer Center.
According to an affidavit in support of a criminal complaint filed in federal court on September 5, 2018, the Department of Justice Office of the Inspector General (DOJ-OIG) learned on August 23, 2018, that Ortiz may have been smuggling marijuana and tobacco into the Federal Transfer Center, a Bureau of Prisons facility in Oklahoma City. The affidavit alleges that emails between inmates and their associates referenced sending Western Union wire transfers to an individual associated with Ortiz.
The affidavit further explains that undercover investigators with DOJ-OIG and the Fort Worth Police Department contacted Ortiz and confirmed his willingness to deliver contraband to a Federal Transfer Center inmate. On September 3, 2018, according to the criminal complaint, Ortiz delivered to that inmate 20 strips that later tested positive for amphetamines in exchange for $1,000 via Walmart-to-Walmart transfer. According to the complaint, the next day, when Ortiz had not received payment for delivering contraband to the inmate, he texted an undercover officer that "if things don’t get squared away by this evening I’m gonna have to put the word out that he has a debt and it won’t be good for him."
Federal law enforcement arrested Ortiz on September 4, 2018. He made his initial appearance on September 5 before U.S. Magistrate Judge Gary M. Purcell.
If Ortiz were to be convicted of bribery, he could be imprisoned for up to fifteen years, followed by up to three years of supervised release, and fined up to $250,000.
These charges are the result of an investigation by the Department of Justice Office of the Inspector General, the FBI, and the Fort Worth Police Department. Assistant U.S. Attorney Jessica L. Perry is prosecuting the case.
The public is reminded that this charge is merely an allegation and that Ortiz is presumed innocent unless and until proven guilty beyond a reasonable doubt. Reference is made to public filings for further information.
Oklahoma City Man and Woman Indicted for Distributing Methamphetamine and Illegally Possessing a Machine Gun and SilencerRead the Press Release
OKLAHOMA CITY – CHRISTOPHER CHAD POOL, aka Christopher C. Poole, aka Cityboy, 39, and CHRISTINA LORAL POOL, aka Christina Loral McNees, aka Citygirl, 25, of Oklahoma City, were indicted this week for possessing methamphetamine with intent to distribute and multiple firearms charges.
A federal grand jury indicted Mr. Pool and Ms. Pool on August 21, 2018, for possessing methamphetamine with intent to distribute. The Pools were also indicted for possession of a Glock, Model 26, 9mm pistol that had been converted into a machine gun. Additionally, they were indicted for possession of two unregistered firearms—a silencer and a weapon made from a rifle: a Mossberg, Model 715T, .22 caliber rifle modified to a firearm with a barrel of less than sixteen inches. They were also indicted for being felons in possession of three firearms. Finally, the indictment charges them with possession of these firearms in furtherance of a drug-trafficking crime. The indictment seeks forfeiture of a pistol, two rifles, ammunition, a silencer, and approximately $5,789 in currency.
If Mr. Pool and Ms. Pool are found guilty of possessing methamphetamine with intent to distribute, each faces a maximum statutory sentence of 40 years. Additionally, they face a maximum statutory sentence of 10 years for each of the firearms charges, with the exception of possessing a firearm in furtherance of a drug-trafficking crime charge. This charge carries a mandatory minimum of 10 years for the weapon made from a rifle and a mandatory minimum of 30 years for the machine gun and for the Mossberg, Model 715T, .22 caliber rifle with a silencer. These statutory minimum sentences would run consecutive to any other sentence.
This case is the result of an investigation by Homeland Security Investigations and the Bureau of Alcohol, Tobacco, Firearms, and Explosives. Assistant U.S. Attorneys Nicholas J. Patterson and Wilson D. McGarry are prosecuting the case, which is part of Project Safe Neighborhoods, a Department of Justice program to reduce violent crime. In October 2017, Attorney General Jeff Sessions announced the reinvigoration of Project Safe Neighborhoods and directed U.S. Attorney’s Offices to develop crime-reduction strategies that incorporate lessons federal law enforcement has learned since the program’s launch in 2001.
Reference is made to court filings for further information.
Oklahoma City Multi-Level Marketing Company Agrees to Distribution of $610,800 in Seized Funds to Alleged Fraud VictimsRead the Press Release
OKLAHOMA CITY – TREVO, LLC, and it principals, MARK STEVENS and HOLLI STEVENS, have agreed not to contest the distribution of $610,800 to victims of an alleged email fraud scheme.
In a civil forfeiture complaint filed in July 2016, the United States alleged that $610,800 in a bank account at Wells Fargo Bank in Trevo’s name were the proceeds of wire fraud. Trevo is a multi-level marketing company based in Oklahoma City, with its primary international office in Nigeria. Founded by Mark and Holli Stevens in 2009, its main product is nutritional supplement juice.
According to an affidavit incorporated into the government’s forfeiture complaint, perpetrators of a number of email fraud schemes instructed multiple victims to send money to various bank accounts under Trevo’s control at Wells Fargo Bank and BancFirst. In some instances, perpetrators pretended to strike up romantic relationships with victims. In others, they offered fictitious economic opportunities. In both cases, victims agreed to send money to bank accounts as instructed. In 2014, Trevo closed its BancFirst accounts and transferred its assets to Wells Fargo Bank.
After the United States filed its complaint and froze certain Trevo funds at Wells Fargo Bank, five individuals and one corporation notified the government they were victims of the alleged frauds and entitled to a portion of the seized funds. Trevo also filed a claim to the seized funds.
On August 14, 2018, the United States, Trevo, and Trevo’s principals agreed the seized funds will be distributed to the six victims and that Trevo’s claim should be dismissed. In reaching this settlement, Trevo and its principals did not admit any involvement in wire fraud and the United States did not concede its allegations lack merit. The agreement allows the parties to avoid the delay, expense, inconvenience, and uncertainty of litigating the proper distribution of the seized funds.
This case was investigated by the FBI. Assistant U.S. Attorneys Wilson D. McGarry, Don Evans, and Brandon Hale worked on the case in the U.S. Attorney’s Office.
Justice Department, DEA Propose Significant Opioid Manufacturing Reduction in 2019Read the Press Release
OKLAHOMA CITY – The Department of Justice and the Drug Enforcement Administration announced today a proposal to significantly reduce the aggregate production quotas for certain prescription opioids. The attached press release provides more detailed information. The release is also available here: www.justice.gov/opa/pr/justice-department-dea-propose-significant-opioid-manufacturing-reduction-2019.
This proposal complements the work of the Western Oklahoma Opioid Enforcement Team, a collective effort of federal and state law enforcement agencies. Participants include the U.S. Attorney’s Office for the Western District of Oklahoma, the Oklahoma Attorney General’s Office, the Oklahoma Bureau of Narcotics and Dangerous Drugs, the Drug Enforcement Administration, the FBI, the Department of Health and Human Services—Office of Inspector General, the Oklahoma State Bureau of Investigation, the Internal Revenue Service—Criminal Investigations, the District Attorney’s Office for Oklahoma County, the District Attorney’s Office for Cleveland, Garvin, and McClain Counties, the Defense Criminal Investigative Service, and the Office of Personnel Management—Office of Inspector General.
Oil and Gas Repairman Sentenced to 33 Months for $450,000 False Invoice SchemeRead the Press Release
OKLAHOMA CITY – LUIS ENRIQUE DAMAZO, also known as Luis Enrique Cassinelli, 54, of Oklahoma City, has been sentenced to 33 months in prison for defrauding a Texas company of more than $450,000 through fictitious invoices, announced Robert J. Troester, Acting U.S. Attorney for the Western District of Oklahoma.
According to charges filed on December 29, 2017, Damazo was employed as a repair technician by Dexter Field Services LP, a company headquartered in Austin, Texas. Dexter Field Services provides leak detection, environmental monitoring, and consulting services to industrial clients in the energy sector. Damazo’s job was to repair toxic vapor analyzers used to detect leaks at oil and gas refineries, which often required ordering replacement parts.
Rather than ordering parts from the original equipment manufacturer, Damazo ordered parts from BC Environmental, a company he secretly created and controlled. From November 2009 through October 2015, Damazo submitted fictitious invoices from BC Environmental to Dexter Field Services for equipment, replacement parts, and tools that Dexter Field Services never received. Damazo took steps to conceal his involvement with BC Environmental, including using a false identity to lease office space, opening bank accounts in his sons’ names, and creating fake identities for the purported employees of BC Environmental. Dexter Field Services paid more than $450,000 to BC Environmental as a result of Damazo’s scheme, which he used for his personal benefit.
On February 2, 2018, Damazo pleaded guilty to a single count of mail fraud related to a fraudulent invoice he mailed to Dexter Field Services in March 2015. Today, U.S. District Judge Stephen P. Friot sentenced him to 33 months in prison, to be followed by three years of supervised release. Damazo must also pay $456,863.59 in restitution to Dexter Field Services.
This case is the result of an investigation by the FBI. It was prosecuted by Assistant U.S. Attorneys Jessica L. Perry and William E. Farrior.
Reference is made to court filings for further information.
Oklahoma City Man Indicted for Producing and Receiving Child PornographyRead the Press Release
Oklahoma City – RICHARD SPILLANE, 30, of Oklahoma City, was indicted yesterday on charges of producing and receiving child pornography, announced Robert J. Troester, Acting United States Attorney for the Western District of Oklahoma.
According to a complaint filed on July 16, 2018, law enforcement officers determined that an internet user with an email address linked to Mr. Spillane was engaging in conversations and sharing photographs depicting children engaged in sexually explicit conduct on a network often used to receive and distribute child pornography. Mr. Spillane was arrested on July 17, 2018, and has remained in federal custody since his arrest.
On August 7, 2018, a federal grand jury returned a six-count indictment charging Mr. Spillane with two counts of producing child pornography and four counts of knowingly receiving child pornography. According to the indictment, between approximately October 15, 2017, and July 17, 2018, Mr. Spillane used two minors, "John Doe #1" and "John Doe #2," to produce photographs of the children engaging in sexually explicit conduct. It is also alleged that he received images of children engaging in sexually explicit conduct, via the internet, on four specific days in June and July of this year.
If convicted, Mr. Spillane faces a mandatory minimum of 15 years and up to 30 years in prison on each of the two production counts, as well as a mandatory minimum of five years and up to 20 years in prison on each of the counts alleging receipt of child pornography. All charges also carry a maximum $250,000 fine, along with a term of supervised release of at least five years and up to life.
Reference is made to court records for further information. The public is reminded that the charges in the indictment are only allegations and that Mr. Spillane is presumed innocent unless and until proven guilty beyond a reasonable doubt.
This case is the result of an investigation by the Federal Bureau of Investigation and is being prosecuted by Assistant U.S. Attorney Julia E. Barry.
Insider Bank Robbery Leads to 46 Months in PrisonRead the Press Release
OKLAHOMA CITY – CAMRY CORTEZ WILSON, 21, of Edmond, Oklahoma, was sentenced today to 46 months in prison for bank robbery, announced Robert J. Troester, Acting United States Attorney for the Western District of Oklahoma.
On November 15, 2017, the government filed a criminal complaint against Wilson for robbing the JPMorgan bank branch at 13805 North May Avenue in Oklahoma City. According to an FBI agent’s affidavit in support of the complaint, a masked person forced himself into the bank at approximately 7:35 a.m. on August 31, 2017, as employees were unlocking the front door. It appeared to employees that he was familiar with layout of the bank, including the location of the vault. Without ever speaking, the person presented a note that indicated it was a robbery and that he had a gun. He left the bank with $203,000 in cash and a key to an employee’s car, which he used as a getaway vehicle.
Through surveillance video, Uber records, and other information, the FBI determined Wilson was likely the robber. The bank had fired him for misconduct on April 6, 2017, because his teller drawers were short $13,400. Although he had been in financial difficulties before the robbery, in the weeks after the robbery he made large purchases in cash. On September 7, 2017, he paid $27,074 in cash for a 2017 Dodge Challenger. And on October 9, 2017, he traded in the Challenger in Atlanta for a 2017 Mercedes-Benz C300, which involved paying a balance of $24,932.92 in cash.
A federal grand jury returned an indictment against Wilson for bank robbery on December 5, 2017. He agreed to combine his guilty plea hearing with his sentencing, which took place today before U.S. District Judge Robin J. Cauthron. After accepting his guilty plea, the court sentenced Wilson to 46 months in prison, to be followed by three years of supervised release. He was also ordered to pay restitution of $168,154.82, the amount remaining after law enforcement recovered $34,845.18 during his arrest. The sentence also includes forfeiture of the 2017 Mercedes-Benz and the contents of three bank accounts.
This case is the result of an investigation by the FBI and the Oklahoma City Police Department. Assistant U.S. Attorneys Mark Stoneman and Ashley Altshuler prosecuted the case.
Reference is made to public documents for further information.
Mustang Man Sentenced to Seven Years in Prison for Mail Theft and Forged ChecksRead the Press Release
OKLAHOMA CITY – LLOYD WAYNE TILLMAN, 38, of Mustang, Oklahoma, was sentenced today to seven years in prison for mail theft and forged checks, announced Robert J. Troester, Acting United States Attorney for the Western District of Oklahoma.
On May 7, 2018, Tillman pleaded guilty to 32 counts of mail theft and forged check offenses before U.S. District Judge David L. Russell. Tillman had stolen mail out of Oklahoma City-area residents’ mail boxes, removed checks from the envelopes, altered them, and cashed (or attempted to cash) them at area banks. Law enforcement officials arrested Tillman in Texas after he led them on a high-speed chase; he was ultimately captured using tracking dogs.
At sentencing today, Judge Russell took into consideration Tillman’s extensive criminal history as well as evidence that he had threatened one of his victims and led officers on two additional high-speed chases. The court sentenced Tillman to 84 months in prison and ordered him to pay $54,543 in restitution and a $3,200 special assessment. Upon release from prison, Tillman will serve three years on supervised release. Judge Russell noted that this sentence—which was above the advisory range of imprisonment under the U.S. Sentencing Guidelines—was necessary to punish Tillman and protect the public.
This case is the result of investigations by numerous law enforcement agencies, including the United States Postal Inspection Service, the Oklahoma City Police Department, the Chickasaw Nation Lighthorse Police Department, the Mustang Police Department, the Greenville (Texas) Police Department, the Paris (Texas) Police Department, and the United States Secret Service. Assistant U.S. Attorney Brandon Hale prosecuted the case.
Lawton Man Pleads Guilty to Failing to Register as a Sex OffenderRead the Press Release
OKLAHOMA CITY – ROBERT LEE PIERCE, 70, of Lawton, Oklahoma, pleaded guilty today to traveling from New Mexico to Oklahoma and failing to register as a sex offender, announced Robert J. Troester, Acting United States Attorney for the Western District of Oklahoma.
According to an affidavit in support of a criminal complaint filed on May 17, 2018, the U.S. Marshals Service learned that Pierce was registered as a sex offender in New Mexico as of April 3, 2018, but had actually been living in Lawton with his wife and several small children. The affidavit states further investigation revealed Pierce moved to Lawton in the late summer or early fall of 2017. According to the affidavit, Pierce had been convicted of criminal sexual penetration of a minor victim in New Mexico in May 2015. In Oklahoma, he would have been designated as an Aggravated Offender and required to register as a sex offender for life.
Pierce has been in the custody of the Marshals Service since June 5, 2018, when he appeared before a U.S. Magistrate Judge in Oklahoma City.
On July 5, 2018, the U.S. Attorney filed an information that charges Pierce with traveling in interstate commerce and failing to register and update his registration as a sex offender under the Sex Offender Registration and Notification Act, or SORNA.
Today Pierce pleaded guilty to the SORNA violation before United States District Judge David L. Russell.
At sentencing, Pierce faces up to ten years in prison and a fine of up to $250,000. After release, he will be subject to supervision for not less than five years and up to the rest of his life. Sentencing will take place in approximately 90 days.
This case is the result of an investigation by the United States Marshals Service, the Dona Ana County Sheriff’s Office in New Mexico, and the Lawton Police Department. Assistant U.S. Attorney Brandon Hale is prosecuting the case.
Pierce’s conviction is part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat child sexual exploitation and abuse. Led by U.S. Attorneys’ Offices and the Child Exploitation and Obscenity Section of the Department of Justice, Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend, and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
Reference is made to court filings for further information.
Oklahoma City Man Pleads Guilty to Methamphetamine ConspiracyRead the Press Release
OKLAHOMA CITY – JESUS FRANSISCO CERVANTES, 31, of Oklahoma City, pleaded guilty today to conspiring to possess methamphetamine with intent to distribute, announced Robert J. Troester, Acting United States Attorney for the Western District of Oklahoma.
A federal grand jury indicted Cervantes on March 20, 2018, for conspiracy and possessing methamphetamine with intent to distribute. He has been in the custody of the U.S. Marshals Service since his initial appearance on April 10, 2018.
Today Cervantes pleaded guilty to a superseding information filed on July 17, 2018, that charges him with conspiring to possess five grams or more of methamphetamine from November 19, 2017, to February 16, 2018. In a plea agreement, Cervantes acknowledges his crime involved 709.6 grams of actual methamphetamine, which is more than a pound-and-a-half.
At sentencing, Cervantes faces up to forty years in prison, including a mandatory minimum sentence of five years in prison. After release, he will be subject to supervision for no fewer than four years and up to life. This offense also carries a potential fine of $5,000,000. As part of his sentence, Cervantes has agreed to forfeit a 2006 Toyota 4-Runner Limited and $5,460 in cash. Sentencing will take place in approximately 90 days.
This case is the result of an investigation by the Drug Enforcement Administration. Assistant U.S. Attorney Nicholas J. Patterson is prosecuting the case.
Reference is made to court filings for further information.
Oklahoma Orthopedic Company and Physicians Agree to Pay $670,000 to Settle Allegations of False Claims to Medicare, Medicaid, and TricareRead the Press Release
OKLAHOMA CITY – SOUTHWEST ORTHOPAEDIC SPECIALISTS, PLLC; ANTHONY CRUSE, D.O.; R.J. LANGERMAN, JR., D.O.; DANIEL J. JONES, M.D.; MEHDI ADHAM, M.D.; DEREK WEST, D.O.; BRIAN LEVINGS, D.O.; SHANE HUME, D.O.; BRAD REDDICK, D.O.; and KRISTOPHER AVANT, D.O., have agreed to pay $670,000 to settle civil claims stemming from allegations that they submitted false claims to Medicare, Medicaid, and Tricare, announced Robert J. Troester, Acting United States Attorney for the Western District of Oklahoma, and Mike Hunter, Oklahoma Attorney General.
Defendants Cruse, Langerman, Jones, Adham, West, Levings, Hume, Reddick, and Avant are physicians who practiced medicine at and held ownership in Southwest Orthopaedic. The United States alleges that from January 1, 2012, through September 22, 2016, Southwest Orthopaedic and the individual defendants caused false claims to be submitted to Medicare, Medicaid, and Tricare for unnecessary medical procedures involving ultrasonic guidance for needle placement imaging supervision and interpretation. The United States also alleges that from January 1, 2013, through December 31, 2015, Southwest Orthopaedic and Defendant Levings caused false claims to be submitted to Medicare, Medicaid, and Tricare for a surgery assistant who did not perform the services billed.
In order to resolve these allegations, Southwest Orthopaedic and the individual defendants have agreed to pay $670,000. Oklahoma will receive a portion of this total because of alleged false claims submitted to Medicaid.
This settlement resolves two of the allegations filed in a lawsuit by a whistleblower who formerly worked for Southwest Orthopaedic. The lawsuit was filed in federal district court in Oklahoma City under the qui tam, or whistleblower, provisions of the False Claims Act, which permit private individuals to sue on behalf of the United States for false claims and to share in the recovery. The Act also allows the government to intervene in the lawsuit. In this case, the government intervened in the allegations resolved by this settlement. Other claims continue to be litigated.
In reaching this settlement, Southwest Orthopaedic and the individual defendants did not admit liability, and the United States and Oklahoma did not concede that their claims lack merit. The agreement allows the parties to avoid the delay, expense, inconvenience, and uncertainty of litigating the case.
This case was investigated by the Federal Bureau of Investigation, the Medicaid Fraud Control Unit of the Oklahoma Attorney General’s Office, and the Defense Criminal Investigative Service. It was prosecuted by Assistant U.S. Attorneys Ronald R. Gallegos and Scott Maule and Assistant Attorney General Christopher P. Robinson.
Richardson Homes Owner Receives Three Years in Prison for Theft and Gun OffensesRead the Press Release
OKLAHOMA CITY – DENNIS LEE, 45, of Nichols Hills, has been sentenced to 36 months in federal prison for possession of stolen property that crossed a state boundary and possession of a firearm after a felony conviction, announced Robert J. Troester, Acting United States Attorney for the Western District of Oklahoma.
A five-count indictment filed on June 20, 2017, alleged Lee was involved in the theft of motor vehicles and other items from Texas, Kansas, Missouri, and Nebraska. Those involved in the theft were alleged to have transported the stolen property to the Oklahoma City area, where they "fenced" it for profit. According to the indictment, some of the property was stored at Lee’s business, Richardson Homes, LLC, on South Portland Avenue in Oklahoma City. Count Two charged Lee with receiving, possessing, concealing, and storing a stolen tractor in September 2016. Lee was charged in Count Five with being a felon in possession of firearms. It also alleged Lee had been convicted of a crime punishable by one year or more in prison, which made it a federal felony for him to possess a firearm. According the indictment, Lee possessed eighteen guns, including revolvers, shotguns, and rifles.
Lee pleaded guilty to both of these counts on November 3, 2017.
Today U.S. District Judge David L. Russell sentenced Lee to 36 months in prison, to be followed by two years of supervised release. Lee will be required to pay restitution to victims in an amount to be determined later and will forfeit sixteen firearms. In imposing the 36-month sentence, the court noted that Lee participated in theft over a period of time rather than on one occasion.
This case is the result of an investigation by the FBI Major Theft Task Force, the Oklahoma Department of Agriculture, Food & Forestry Investigative Service ("ODAFF"), and the Oklahoma City Police Department. The Major Theft Task Force consists of the FBI, ODAFF, the Oklahoma State Bureau of Investigation, and the Garvin County Sheriff’s Office. Assistant U.S. Attorney Edward J. Kumiega prosecuted the case.
Reference is made to court records for further information.
Spencer Drug User Pleads Guilty to Illegal Possession of FirearmsRead the Press Release
OKLAHOMA CITY – FREDERICK EUGENE JENKINS, 30, of Spencer, Oklahoma, pleaded guilty today to possessing firearms illegally based on his status as a drug user, announced Robert J. Troester, Acting United States Attorney for the Western District of Oklahoma.
According to a criminal complaint filed on March 8, 2018, Oklahoma City Police Officers determined that Jenkins had methamphetamine in his residence. On March 7, officers executed a search warrant based on this information and found a burnt marijuana cigarette and a Maadi 7.62 caliber, AK-47-style rifle in the residence. Jenkins acknowledged to officers he was a user of marijuana, cocaine, and methamphetamine.
A federal grand jury returned an indictment against Jenkins on March 20, 2018.
Today Jenkins pleaded guilty to being a drug user in possession of a firearm that was in and affecting interstate commerce. In particular, he admitted before U.S. District Judge Scott L. Palk that he possessed both the Maadi rifle and a Taurus revolver while being an unlawful user of drugs classified as controlled substances under federal law.
At sentencing, Jenkins faces up to ten years in prison, a maximum fine of $250,000, and three years of supervised release.
Jenkins remains in custody and will be sentenced in approximately 90 days.
This case is the result of an investigation by the Oklahoma City Police Department and the Bureau of Alcohol, Tobacco, Firearms & Explosives. Prosecuted by Assistant U.S. Attorneys Jacquelyn M. Hutzell and Nicholas J. Patterson, the case is part of Project Safe Neighborhoods, a Department of Justice program to reduce violent crime. In October 2017, Attorney General Jeff Sessions announced the reinvigoration of Project Safe Neighborhoods and directed U.S. Attorney’s Offices to develop crime-reduction strategies that incorporate lessons federal law enforcement has learned since the program’s launch in 2001.
Reference is made to court filings for further information.
Oklahoma City Woman Receives a Year in Prison for Use of Credit Profile NumbersRead the Press Release
OKLAHOMA CITY – TIMATRESS TENAKA CADE, 31, of Oklahoma City, has been sentenced to twelve months in prison for using credit profile numbers, or CPNs, to falsely report her Social Security Number in credit applications, announced Robert J. Troester, Acting U.S. Attorney for the Western District of Oklahoma.
According to charges filed in November 2017, Cade used CPNs, also known as "credit privacy numbers" or "credit protection numbers," instead of her own Social Security Number when she applied for financing at retailers and financial institutions. CPNs are usually stolen Social Security Numbers, often belonging to children, which are marketed to individuals with poor credit history as a way to get a clean credit profile. By using CPNs instead of her own Social Security Number on credit applications, Cade deceived retailers, credit card companies, banks, and a home leasing company into believing she had a better credit history than she had actually earned. She purchased a vehicle, household furnishings, televisions, computers, and other goods, and leased a home, and then made little to no payments on the credit accounts, which caused financial losses to her creditors.
On January 5, 2018, Cade pleaded guilty to false representation of a Social Security Number after she used a CPN instead of her own Social Security Number when she leased a home in Edmond, Oklahoma, from OKC Homes 4 You. Today U.S. District Judge David L. Russell sentenced her to twelve months in prison, to be followed by three years of supervised release. She must also pay $68,637.74 in restitution to OKC Homes 4 You and the other creditors she defrauded. The government agreed to dismiss other charges against her.
This case is the result of an investigation by the Social Security Administration’s Office of the Inspector General, the Federal Bureau of Investigation, and the United States Postal Inspection Service. It was prosecuted by Assistant U.S. Attorney Jessica L. Perry.
Reference is made to public filings for further information.
Oklahoma City Man Pleads Guilty to Possession of Firearms and Ammunition After a Felony ConvictionRead the Press Release
OKLAHOMA CITY – LERAY EUGENE RICHARDS, 30, of Oklahoma City, pleaded guilty today to possession of firearms and ammunition by a prohibited person, announced Robert J. Troester, Acting United States Attorney for the Western District of Oklahoma.
According to court records, on the evening of October 27, 2017, the Midwest City Police Department received a report of a fight involving a gun at a Midwest City apartment complex. Upon arrival, Midwest City Police Officers assisted security guards from the complex in detaining Richards. Richards admitted during his guilty plea hearing today that he had been in possession of a 9mm semi-automatic pistol.
Additionally, Richards admitted that when he was arrested in another incident on the night of September 28, 2016, by the Oklahoma City Police Department, he possessed a .22 long rifle caliber pistol and approximately 50 rounds of ammunition.
Richards’s possession of the firearms and ammunition was illegal because he had previously been convicted of a felony. He was indicted federally on April 17, 2018.
Today Richards pleaded guilty before United States District Court Judge Vicki Miles-LaGrange to two counts of possession of a firearm and one count of possession of ammunition by a prohibited person. At sentencing, he faces up to ten years in prison on each count, in addition to a maximum fine of $250,000 and three years of supervised release.
Richards remains in custody and will be sentenced in approximately 90 days.
This case is the result of investigation efforts by the Midwest City Police Department, the Oklahoma City Police Department, and the Bureau of Alcohol, Tobacco, Firearms & Explosives, and prosecution efforts by the Domestic Violence Unit of the Oklahoma County District Attorney’s Office. Assistant U.S. Attorney Nicholas J. Patterson is prosecuting the case in the U.S. Attorney’s Office. It is part of Project Safe Neighborhoods, a Department of Justice program to reduce violent crime. In October 2017, Attorney General Jeff Sessions announced the reinvigoration of Project Safe Neighborhoods and directed U.S. Attorney’s Offices to develop crime-reduction strategies that incorporate lessons federal law enforcement has learned since the program’s launch in 2001.
Reference is made to court filings for further information.
Moore Man Pleads Guilty to Firearm Possession by Prohibited PersonRead the Press Release
OKLAHOMA CITY – JEREMY SHAWN PARKE, 46, of Moore, Oklahoma, pleaded guilty yesterday to possession of a firearm by a prohibited person, announced Robert J. Troester, Acting United States Attorney for the Western District of Oklahoma.
According to court records, on the afternoon of May 5, 2018, the Moore Police Department received a report of shots fired in a Moore residential neighborhood. Officers made contact with a neighborhood resident who said she heard loud bangs from a nearby home. Police went to the home of Parke, where they had responded to previous incidents, and discovered a Ruger, Model AR 556 rifle and numerous spent shell casings on Parke’s back patio and in the yard. There were apparent bullet holes in his backyard fence. Officers eventually discovered a shotgun and additional rounds of ammunition inside Parke’s home.
On May 6, 2018, a Moore resident, whose home was in the adjacent neighborhood to Parke’s home, reported to the Moore Police Department that she discovered a bullet near her infant son’s crib. An officer responded to her home, where she explained that on the afternoon of May 5—at the time that the police department received a separate report of shots being fired—she heard a loud noise. She went upstairs to check on her sleeping baby. She noticed his crib railing was broken, but she thought the baby had perhaps chewed on it. The next day, however, while cleaning behind his crib, the mother noticed a bullet hole that aligned with the piece of broken crib railing. On the floor, she discovered the bullet. Law enforcement determined that it was the same caliber that could be fired from the AR 556 rifle that was seized from Parke the day before.
Parke’s possession of the firearms and ammunition was illegal because he was subject to a Cleveland County protective order that prohibited him from harassing, stalking, or threatening a former intimate partner. It also advised him that he was prohibited from possessing firearms and ammunition. According to records obtained from a local gun dealership, Parke purchased the AR 556 on March 21, 2018. When he completed the paperwork required to purchase the rifle, Parke checked "No" in answer to the question: "Are you subject to a court order restraining you from harassing, stalking, or threatening your . . . intimate partner?"
Parke was charged by criminal complaint on May 21, 2018, and arrested shortly thereafter. On June 28, 2018, he pleaded guilty to possession of a firearm by a prohibited person before United States District Court Judge Timothy D. DeGuisti. Parke remains in custody and will be sentenced in approximately 90 days.
This case is the result of an investigation by the Moore Police Department and the Bureau of Alcohol Tobacco and Firearms. Assistant U.S. Attorneys Brandon Hale and Jacquelyn Hutzell, prosecuted the case.
Reference is made to court filings for further information.
Three Doctors, a Pharmacist, and a Business Owner Charged in Opioid IndictmentsRead the Press Release
OKLAHOMA CITY – A federal grand jury has returned two indictments involving the illegal distribution of and fraudulent billing for prescription opioids by health care professionals, announced Robert J. Troester, Acting United States Attorney for the Western District of Oklahoma.
United States v. Robison and Hallaba
On June 20, 2018, the grand jury charged Melvin Lee Robison, D.O., 64, and Moheb Hallaba, M.D., 89, for conspiracy, distributing opioids illegally, and billing Medicare fraudulently. According to the indictment, in 2015 the Oklahoma State Board of Osteopathic Examiners began to investigate the prescription writing of Dr. Robison, who practiced in Sayre, Oklahoma. The grand jury alleges that in September 2015, Dr. Robison hired Dr. Hallaba to write prescriptions at his clinic. From September 2015 to April 2017, both doctors are alleged to have signed hundreds of prescriptions per week without reviewing patient files or seeing the patients. In particular, they are charged with 54 counts of distributing controlled substances—including in particular Schedule II opioids such as Oxycodone, OxyContin, and fentanyl—outside the usual course of professional medical practice and without legitimate medical purpose.
According to the indictment, their criminal distribution of these drugs resulted in five patient deaths.
Dr. Robison is also charged with 51 counts of fraudulent Medicare billing. These offenses involved billing for services when he is alleged to have been out of the country and for patient visits allegedly conducted by a nurse practitioner rather than by Dr. Robison himself.
If convicted of conspiracy or of distributing controlled substances illegally, each defendant could be imprisoned for up to twenty years. If convicted of any of the five distribution counts alleged to have resulted in deaths, however, each defendant would face a sentence of not less than twenty years and up to life. Any of these counts could result in a fine of up to $1,000,000 and a term of supervised release of at least three years. Each count of health care fraud against Dr. Robison would carry a sentence of up to ten years in prison, a fine of up to $250,000, and not more than three years of supervised release, in addition to restitution. The indictment also seeks forfeiture of the proceeds of the offenses.
This case is the result of an investigation by the Drug Enforcement Administration; the Department of Health and Human Services, Office of Inspector General; the FBI; and the Oklahoma Bureau of Narcotics and Dangerous Drugs. Assistant U.S. Attorneys David P. Petermann, Jacquelyn M. Hutzell, and Amanda Green are prosecuting the case.
The public is reminded these charges are merely accusations and that Robison and Hallaba are presumed innocent unless proven guilty beyond a reasonable doubt. Reference is made to court filings for further information.
United States v. Ferris, Dossey, and Isbell
Also on June 20, a federal grand jury returned a 103-count indictment against James Ferris, M.D., 44, Katherine Dossey, 49, and Sherry Isbell, 48. All three defendants are charged with drug distribution and Medicare fraud. According to the indictment, Isbell owned a company in Wellston, Oklahoma, called Physicians At Home, which employed Dr. Ferris and several physician assistants and nurse practitioners. It is alleged that Isbell owned and operated Mid-Oklahoma Medical Access Clinic ("MOMAC"), for which Ferris also worked. Dossey is alleged to have been a pharmacist who owned and operated Wellston Clinic Pharmacy.
The grand jury alleges that from September 1 to December 9, 2015, Dr. Ferris signed stacks of blank Physicians At Home and MOMAC prescription pads and gave them to Dossey, who completed them by filling in the date, patient information, drug type, and drug dosage. According to the indictment, Dossey completed and filled approximately 1,711 prescriptions for Schedule II controlled substances by using blank prescription pads that Dr. Ferris had signed.
All three defendants are charged with 62 counts of distributing Schedule II controlled substances—hydrocodone, fentanyl, and similar opioids—outside the usual course of professional medical practice. They are also charged with 41 counts of Medicare fraud for billing Medicare for invalid prescriptions.
If convicted of distributing controlled substances illegally, each defendant would face imprisonment up to twenty years and a fine of up to $1,000,000, plus not less than three years of supervised release. Each count of Medicare fraud could result in a sentence of up to ten years, a fine of up to $250,000, and up to three years of supervised release. The indictment also seeks forfeiture of the proceeds of the crimes, including real property Dossey is alleged to own in Wellston.
This case is the result of an investigation by the Drug Enforcement Administration; the Department of Health and Human Services, Office of Inspector General; the FBI; the Oklahoma Bureau of Narcotics and Dangerous Drugs; the Oklahoma Pharmacy Board; and the Oklahoma Medical Board. Assistant U.S. Attorney Amanda Green is prosecuting the case.
The public is reminded these charges are merely accusations and that Ferris, Dossey, and Isbell are presumed innocent unless proven guilty beyond a reasonable doubt. Reference is made to court filings for further information.
Both of these cases are part of the National Health Care Fraud Takedown, announced by Attorney General Jeff Sessions this morning in Washington. The largest health care fraud enforcement action in Department of Justice history, the takedown—focused particularly on opioid offenses—included criminal charges against 76 doctors and involved more than $2 billion in false billings.
A New Opioid Enforcement Team
These two cases are also part of a larger law enforcement effort to focus on the prosecution of opioid-related offenses in the Western District of Oklahoma. Today Acting U.S. Attorney Troester formally announced that state and federal agencies are combining forces to address the opioid crisis as the Western Oklahoma Opioid Enforcement Team. Making the announcement with Troester were:
- Mike Hunter, Oklahoma Attorney General
- John Scully, Director of the Oklahoma Bureau of Narcotics and Dangerous Drugs
- Clyde Shelley, Special Agent-in-Charge for the Drug Enforcement Administration
- Dennis Passerman, Assistant Special Agent-in-Charge for the FBI
- Jason Meadows, Assistant Special Agent-in-Charge of the Department of Health and Human Service, Office of Inspector General
- Rick Adams, Incoming Director of the Oklahoma State Bureau of Investigation
- Kevin Caramucci, Assistant Special Agent-in-Charge for the Internal Revenue Service—Criminal Investigations
Other members of the team include the District Attorney’s Office for Oklahoma County; the District Attorney’s Office for Cleveland, Garvin, and McClain Counties; the Defense Criminal Investigative Service; and the Office of Personnel Management, Office of Inspector General.
This enforcement team will take advantage of all legal tools—criminal, civil, and administrative—to protect citizens from the illegal distribution and use of opioids, whether through health care providers or street dealers. It will consider prosecution and other litigation in both federal and state court to maximize effectiveness.
Possession of Ricin Results in 37 Months in PrisonRead the Press Release
OKLAHOMA CITY – DANIELLE DANA LAYMAN, 38, of Ponca City, Oklahoma, has been sentenced to 37 months in prison for possessing the toxin ricin, announced Robert J. Troester, Acting U.S. Attorney for the Western District of Oklahoma.
According to a complaint filed on July 1, 2017, Layman used craigslist to locate someone interested in a "10 day gig overseas." On May 9, 2017, she met in Ponca City with a person who responded to the craigslist post. According to the affidavit, Layman gave that person written instructions on traveling to Tel Aviv, Israel, and using ricin to poison a specific taxi driver in exchange for $4,000 plus expenses. The affidavit states that Layman also gave the person a baggie that she claimed contained the ricin to be used in the murder. Ricin is an extremely hazardous substance derived from castor beans.
On June 30, 2017, the FBI executed a search warrant at Layman’s residence in Ponca City and found castor beans in the kitchen. The complaint alleges agents also found a mortar and pestle with residue that could be remnants of ground castor beans, along with instructions on how to make ricin. Layman was arrested later that day.
On August 1, 2017, a grand jury indicted Layman on one count of using interstate communications with the intent to hire someone to commit murder. On October 3, a grand jury returned a superseding indictment that added one count of possessing ricin without the required registration.
On February 8, 2018, Layman pleaded guilty to possessing ricin illegally. The government agreed to dismiss the murder-for-hire count at sentencing.
At today’s sentencing, United States District Court Judge Robin J. Cauthron ordered Layman to serve 37 months in prison, the top of the advisory range under the U.S. Sentencing Guidelines. The court noted that because she prepared ricin in her home, she put her own children at risk. After release from prison, Layman will be under supervision for three years.
"Keeping citizens safe is a top priority for federal law enforcement. I appreciate the FBI’s diligence in its thorough investigation of cases involving ricin and other substances that can be used as weapons," said Acting U.S. Attorney Troester.
This sentence is the result of an investigation by the FBI. FBI Special Agent-in-Charge Kate Peterson said: "Through the careful and methodical investigation conducted by agents of the FBI Oklahoma City Division, we were able to show the true callous and malicious nature to Ms. Layman’s crimes."
This case was prosecuted by Assistant U.S. Attorneys Ashley L. Altshuler and David P. Petermann, with assistance from the National Security Division’s Counterterrorism Section.
Reference is made to court records for further information.
Oklahoma City Pair Charged with Child Sex TraffickingRead the Press Release
OKLAHOMA CITY – A federal grand jury has charged GERMAINE COULTER, SR., 45, and ELIZABETH ANDRADE, 35, both of Oklahoma City, with child sex trafficking and conspiracy to sex traffic a child, announced Robert J. Troester, Acting United States Attorney for the Western District of Oklahoma.
On June 20, 2018, the grand jury returned a three-count indictment against Coulter, a/k/a "Slim," and Andrade, a/k/a "Beth," "Bobbi Monroe," "Tiffany," and "Porsche." Count One charges both Coulter and Andrade with conspiracy to sex traffic a child. Count Two charges Coulter with the substantive offense of child sex trafficking, and Count Three charges Andrade with the same offense.
According to the indictment, in January and February 2018, Coulter and Andrade recruited a female under the age of 18, referred to in the indictment as Jane Doe, to perform commercial sex work for Coulter. Coulter allegedly told her she needed to make $1,000.00 per day, all of which would go to him, and he would buy her a car, get her an apartment, and get her business cards after she turned 18, if she was successful. He directed Jane Doe to call him "Daddy," according to the indictment. Coulter and Andrade are alleged to have sent photos of Jane Doe to prospective customers, and Andrade allegedly began taking Doe with her on commercial sex appointments, where Jane Doe performed sex acts for money. The indictment further alleges that between January 27, 2018, and February 19, 2018, Coulter and Andrade trained and directed Doe how to interact and perform sex acts with customers and how to convince her mother to let her stay with them. Coulter is also alleged to have communicated with Doe’s mother to get permission for Doe to stay with them and to travel to Kansas.
If convicted on Count One, Coulter and Andrade face up to life imprisonment. If convicted on Count Two or Three, Coulter and Andrade will face mandatory minimum sentences of ten years, with the possibility of up to life in prison. If convicted on any count, Coulter or Andrade would also face supervised release after incarceration of at least five years and up to life, in addition to fines of up to $250,000 per count, mandatory restitution, and $5,100 special assessments per count.
This case is the result of an investigation by the Federal Bureau of Investigation and the Oklahoma City Police Department, with assistance from the Oklahoma County District Attorney’s Office. Assistant U.S. Attorneys K. McKenzie Anderson and Jessica Perry are prosecuting the case.
The public is reminded these charges are merely accusations and that Coulter and Andrade are presumed innocent unless proven guilty beyond a reasonable doubt. Reference is made to court filings for further information.
Caddo County Man Charged with Shooting Woman in Indian CountryRead the Press Release
OKLAHOMA CITY – MARTIN ROCHA, 56, a resident of Caddo County, has been charged with assaulting a woman in Indian Country with a rifle with the intent to murder her, along with other charges, announced Robert J. Troester, Acting U.S. Attorney for the Western District of Oklahoma.
According to an affidavit in support of a criminal complaint filed in federal court on May 19, 2018, officers with the Binger Police Department and the Caddo County Sheriff’s Office requested assistance from the Bureau of Indian Affairs Law Enforcement after a 911 call reported Rocha’s shooting of a woman with a Winchester 30-30 rifle. According to the affidavit, Rocha was estranged from his wife and not allowed to live with her. The investigation determined that Rocha drove up to the residence, got out of his car, and fired a single shot that caused life-threatening injuries to the victim. Rocha has been in custody since the evening of the shooting.
On June 20, a federal grand jury returned a five-count indictment against Rocha. He is charged with assault with intent to commit murder, assault with a dangerous weapon, assault resulting in serious bodily injury, being a felon in possession of a firearm, and using a firearm during a crime of violence. The assault charges are federal crimes because the indictment alleges the victim is an Indian and the shooting took place in Indian Country. More specifically, the affidavit identifies the victim as a member of the Cheyenne and Arapaho Tribes and also states that Rocha is not an Indian.
If Rocha is convicted of assault with intent to commit murder, he could be imprisoned for up to twenty years, followed by up to three years of supervised release, and fined up to $250,000. Convictions on the other two assault counts and on the felon-in-possession count could lead to prison sentences of ten years, three years of supervised release, and fines of up to $250,000. If convicted of using a firearm during a crime of violence, he would face a mandatory minimum sentence of ten years and a maximum of life. Imprisonment imposed based on this last count would be consecutive to sentences on the other counts. Rocha could also be ordered to pay restitution to his victim.
These charges are the result of an investigation by the Bureau of Indian Affairs, with assistance from the Binger Police Department and the Caddo County Sheriff’s Office. Assistant U.S. Attorney Arvo Mikkanen is prosecuting the case.
The public is reminded that these charges are merely allegations and that Rocha is presumed innocent unless and until proven guilty beyond a reasonable doubt. Reference is made to public filings for further information.
Former President of TEEMCO Pleads Guilty to Federal Payroll Tax FraudRead the Press Release
OKLAHOMA CITY – GREGORY DAMIEN LORSON, of Naples, Florida, pleaded guilty today to federal tax fraud for not paying to the Internal Revenue Service the federal payroll taxes withheld from wages of TEEMCO, LLC employees for five years, announced Robert J. Troester, Acting United States Attorney for the Western District of Oklahoma.
On April 3, 2018, Lorson was charged in a one-count Information with willful failure to collect and pay over federal payroll taxes to the IRS. According to the Information, Lorson was President and Chief Executive Officer of TEEMCO, LLC, from 2010 until the business closed in mid-2015. TEEMCO was an environmental sales and consulting company in Oklahoma City. From 2010 to 2015, TEEMCO deducted and withheld federal income taxes, Social Security taxes, and Medicare taxes (commonly called "payroll taxes") from wages of TEEMCO employees. Under federal law, an employer must deduct and withhold payroll taxes from employees’ wages, and then pay over those withheld taxes to the IRS at the end of each quarter. According to the Information, instead of forwarding the withheld payroll taxes to the IRS, Lorson used the monies to fund TEEMCO’s extensive advertising campaign and to pay other creditors and expenses.
At today’s hearing, Lorson pleaded guilty to the one-count Information. He admitted that TEEMCO withheld federal payroll taxes from employees’ wages and that he knew TEEMCO had a duty to pay over those withheld taxes to the IRS. Lorson admitted that he directed TEEMCO employees not to forward the withheld payroll taxes to the IRS. He also admitted that he failed to file with the IRS quarterly federal tax returns for TEEMCO from 2010 to 2015. As part of his plea agreement, Lorson agreed to pay $3,003,220.47 in restitution to the IRS for withheld payroll taxes and other federal taxes that TEEMCO never paid to the IRS for company employees. Lorson also agreed to pay an additional $542,162.53 in restitution to the Oklahoma Tax Commission for TEEMCO employees’ state taxes that were withheld but never paid to state tax authorities.
At sentencing, Lorson faces up to five years in federal prison, plus a fine of $250,000 and three years of supervised release. Lorson will be sentenced in approximately 90 days. Reference is made to the Information and other public filings for further information. This case is the result of an investigation conducted by IRS Criminal Investigation and is being prosecuted by Assistant U.S. Attorney Chris M. Stephens.
Shawnee Man Sentenced to 12 Years in Prison for Receipt of Child PornographyRead the Press Release
OKLAHOMA CITY – CHRISTOPHER MARCUS WELLS, 47, of Shawnee, was sentenced today to 12 years in federal prison for receipt of child pornography, announced Robert J. Troester, Acting United States Attorney for the Western District of Oklahoma.
Wells was indicted for child pornography offenses on November 15, 2017. On January 5, 2018, Wells pleaded guilty to one count of receipt of child pornography. According to an affidavit in support of a search warrant in this case, Wells’ computer was sharing child pornography files via peer-to-peer file sharing software on June 17, 2017. An undercover Federal Bureau of Investigation ("FBI") agent downloaded child pornography files that Wells’ computer was sharing. Pursuant to a search warrant issued by a United States Magistrate Judge, agents later searched Wells’ home and seized his computer equipment for forensic analysis. During the course of its investigation, the FBI learned that Wells had acquired terabytes of child pornography via the Dark Web and peer-to-peer file sharing software.
At sentencing today, United States District Judge Joe Heaton sentenced Wells to 12 years in federal prison. In sentencing Wells, the Court took into consideration records indicating that Wells had molested a young girl approximately 25 years ago. After his prison sentence, Wells will serve five years on supervised release. Wells has been held in federal custody since December 18, 2017.
This case is the result of an investigation by the FBI. Assistant U.S. Attorney Brandon Hale prosecuted the case.
Reference is made to court filings for further information.
Former Canadian County Jailer Sentenced to Weekend Incarceration for Violating Civil Rights of Pretrial DetaineeRead the Press Release
OKLAHOMA CITY – JASON BARBER, 42, of Bethany, Oklahoma, was sentenced today to serve a total of 30 days in prison during a one-year term of probation for his use of excessive force against a pretrial detainee, announced Robert J. Troester, Acting United States Attorney for the Western District of Oklahoma.
On October 31, 2017, the United States filed an information charging Barber with a criminal civil rights offense stemming from his conduct as a ranking Lieutenant and Correctional Officer at the Canadian County Jail in El Reno, Oklahoma in 2014. On December 23, 2014, according to the information, L.T. was an individual held at the jail after an arrest but before conviction of a crime. The information alleges that Barber willfully deprived L.T. of his constitutional right to due process of law when he struck L.T. during a disciplinary hearing. Because Barber was acting under color of law, his unreasonable use of force violated federal criminal law. In the absence of bodily injury, the offense was a misdemeanor, punishable by up to one year in prison. On November 16, 2017, Barber pleaded guilty to the misdemeanor charge in the information.
At today’s hearing, United States Magistrate Judge Shon T. Erwin sentenced Barber to one year of probation, with a total of 30 days during weekends to be spent in the custody of the Federal Bureau of Prisons ("BOP"). Beginning on Friday, August 10, Barber will spend weekends at a BOP facility until he serves a total of 30 days’ incarceration. Judge Erwin ordered Barber not to possess a firearm during the one-year probationary term, and further ordered Barber to submit to anger management counseling as determined by the United States Probation Office.
This case was the result of an investigation by the Federal Bureau of Investigation and the Investigations Division of the Canadian County Sheriff’s Office. It was prosecuted by Assistant U.S. Attorney Julia E. Barry. Reference is made to court records for further information.
Comanche Woman Pleads Guilty to Embezzling More Than $280,000Read the Press Release
OKLAHOMA CITY – ANNETTE M. STRAILY, of Comanche, Oklahoma, pleaded guilty yesterday to bank fraud and signing a false federal income tax return, in connection with a $283,000 embezzlement scheme from a Duncan dental office, announced Robert J. Troester, Acting United States Attorney for the Western District of Oklahoma.
On May 24, 2018, Straily was charged by information with one count of bank fraud and one count of filing a false federal income tax return. From April 2012 until June 2017, Straily worked as the office manager of a dental office in Duncan, Oklahoma. According to the information, as part of her job, she prepared checks, paid invoices, managed the accounting system, and maintained the petty cash fund. Yesterday, Straily pleaded guilty to preparing an unauthorized office check, in the amount of $1,266.80, made payable to herself in February 2017. Straily admitted that she forged the signature on the dental office’s check and later presented that check for payment against the dental office’s bank account at a local bank. As part of her plea, Straily further admitted that she embezzled funds from her former employer from around April 2012 through June 2017. Straily stipulated in a plea agreement that the total restitution due to the Duncan dental office from the embezzlement scheme is $283,005.11.
In addition to pleading guilty to bank fraud, Straily pleaded guilty to signing a false tax return. She admitted that on April 13, 2016, she signed a personal federal tax return for the 2015 calendar year that she knew was false because it reported only $49,127 in total income. At yesterday’s plea hearing, Straily admitted that she omitted on the 2015 return more than $100,000 of embezzled income for that year from the dental office. As part of her plea agreement, Straily agreed that she owes $54,286 in restitution to the Internal Revenue Service for the tax loss.
At sentencing, Straily faces up to 30 years in prison on the bank fraud count, plus five years of supervised release, and a $1,000,000 fine. Straily also faces up to three years in prison on the tax count, in addition to one year of supervised release, and a $250,000 fine. Straily will be sentenced in approximately 90 days. Reference is made to the public filings for further information.
This case is the result of an investigation by the Federal Bureau of Investigation and Internal Revenue Service - Criminal Investigations. The case is being prosecuted by Assistant U.S. Attorney Rozia McKinney-Foster.
On 500th Day of Trump Administration, Attorney General Sessions Allocates Three New Prosecutors to the Western District of Oklahoma to Focus on Violent Crime and Civil EnforcementRead the Press Release
OKLAHOMA CITY – On the 500th day of the Trump Administration, Attorney General Jeff Sessions and Robert J. Troester, Acting U.S. Attorney for the Western District of Oklahoma, announced that the Department of Justice is taking a dramatic step to increase resources to combat violent crime, enforce our immigration laws, and help roll back the devastating opioid crisis.
In the largest increase in decades, the Department of Justice is allocating 311 new Assistant United States Attorneys throughout the nation to assist in priority areas. Those allocations are as follows: 190 violent crime prosecutors, 86 civil enforcement prosecutors, and 35 additional immigration prosecutors. Many of the civil enforcement AUSAs will support the newly-created Prescription Interdiction & Litigation Task Force, which targets the opioid crisis at every level of the distribution system.
"Under President Trump's strong leadership, the Department of Justice is going on offense against violent crime, illegal immigration, and the opioid crisis—and today we are sending in reinforcements," said Attorney General Jeff Sessions. "We have a saying in my office that a new federal prosecutor is 'the coin of the realm.' When we can eliminate wasteful spending, one of my first questions to my staff is if we can deploy more prosecutors to where they are needed. I have personally worked to re-purpose existing funds to support this critical mission, and as a former federal prosecutor myself, my expectations could not be higher. These exceptional and talented prosecutors are key leaders in our crime fighting partnership. This addition of new Assistant U.S. Attorney positions represents the largest increase in decades."
Three of these new positions have been allocated to the Western District of Oklahoma. Two will focus on violent crime, while one will focus on civil enforcement.
"Adding three new prosecutors will significantly enhance our ability to pursue key Administration priorities," said Acting U.S. Attorney Troester. "Those priorities include our work to combat and reduce violent crime through Project Safe Neighborhoods and fight the illegal distribution of opioids, whether by street dealers or those in the medical community, through our Western Oklahoma Opioid Enforcement Team. These new positions will certainly strengthen our ability to reduce violent crime and promote public safety in communities throughout the Western District of Oklahoma."
For more information on the locations of the 311 Assistant United States Attorney positions, see the attached document.
AUSA ListMulti-Million-Dollar Gift-Card Fraud Leads to More Than Fifteen Years PrisonRead the Press Release
OKLAHOMA CITY – LEONARD RAY FOSTER, 48, of Oklahoma City, has been sentenced to 188 months in prison for fraud and money laundering in connection with a scheme to defraud retailers of millions of dollars through gift cards, announced Robert J. Troester, Acting U.S. Attorney for the Western District of Oklahoma.
According to charges filed on October 31, 2017, Foster owned and operated Acquisitions Unlimited, LLC, also known as A-to-Z Giftcards. This business bought unused or partially used retail gift cards, also known as store value cards, for a fraction of the cards’ face value. With Foster’s personal involvement, the business then sold the value on the cards to Giftcard Zen, an online retail gift card exchange based in Phoenix, Arizona.
According to the charges, from May 2015 to March 2017, individuals affiliated with Foster or his business shoplifted large quantities of high-dollar items from retail stores, including Walmart, Lowe’s, Target, and Home Depot. They then returned these stolen items, without a receipt, to the retailer for a store value card in the amount of the returned merchandise. Each day, Foster purchased multiple cards from these individuals for a small fraction of the cards’ face values. He knew the cards had been obtained through fraud. Indeed, Foster sometimes directed the shoplifters himself. Through A-to-Z Giftcards, he then sold the face value on the cards to Giftcard Zen, in violation of terms of service that prohibited selling store value cards obtained through fraud.
Foster was charged with wire fraud in connection with a $59,035.38 transfer on December 9, 2015, from Giftcard Zen’s out-of-state bank to an account of Acquisitions Unlimited at Bank of America in Oklahoma. He was also charged with money laundering, based on a December 10, 2015, withdrawal from Bank of America in the amount of $18,000.
Foster pleaded guilty to both wire fraud and money laundering on November 3, 2017. On November 22, 2017, the court revoked his bond based on a positive test for the use of methamphetamine. He has been in federal custody since that date.
Today U.S. District Judge David L. Russell sentenced Foster to 188 months in prison, to be followed by three years of supervised release. He must pay $7,025,681.29 in restitution to retailers. The court also ordered forfeiture of a 1969 Mustang and more than $20,000 in various bank accounts. Foster will also be subject to a forfeiture money judgment in the amount of $3,142,500.
This case is the result of an investigation by the Oklahoma City Police Department, the Internal Revenue Service–Criminal Investigations, and the United States Postal Inspection Service. It was prosecuted by Assistant U.S. Attorneys Julia E. Barry, Ashley L. Altshuler, and Wilson McGarry.
Reference is made to court records for further information.
Red Rock Woman Pleads Guilty to Embezzling from the Otoe-Missouria TribeRead the Press Release
OKLAHOMA CITY – TRACI PICKERING, 35, of Red Rock, Oklahoma, has pleaded guilty to embezzling from the Otoe-Missouria Tribe, announced Robert J. Troester, Acting U.S. Attorney for the Western District of Oklahoma.
On May 11, 2018, the U.S. Attorney filed a one-count information against Pickering that alleged she embezzled more than $1,000 from the tribe between March 1, 2017, and March 23, 2017.
On May 22, 2018, Pickering pleaded guilty before U.S. District Judge David L. Russell to embezzlement from the tribe. In particular, she admitted she issued debit cards for tribal members and used the money on the cards for personal expenses. She acknowledged that the tribal members did not receive the cards and that the tribe suffered a financial loss.
As a result her guilty plea, Pickering faces a maximum sentence of five years in prison. She has agreed to pay restitution to the tribe in the amount of $13,074. She could also receive up to three years of supervision after release from prison and a fine of up to $250,000. Sentencing will take place in approximately ninety days.
This case is the result of an investigation by the Bureau of Indian Affairs. It being prosecuted by Assistant U.S. Attorney Rozia McKinney-Foster.
Reference is made to court records for further information.
Oklahoma City Man Pleads Guilty to "Lie-And-Try" Firearm FelonyRead the Press Release
OKLAHOMA CITY – LESEAN D. HARDY, 38, of Oklahoma City, has pleaded guilty to causing a false statement to be made to a licensed firearms dealer, announced Robert J. Troester, Acting U.S. Attorney for the Western District of Oklahoma.
On December 13, 2017, a federal grand jury indicted Hardy and SHENITA RENEE WILLIAMS, 43, of Oklahoma City, for making a false statement to Sooner State Pawn on May 11, 2016. According to the indictment, Hardy caused Williams to represent that she was purchasing a Walther .22 pistol when Hardy was in fact the purchaser. The grand jury also charged Williams with making a false declaration under oath on June 1, 2016, at a preliminary hearing in a separate federal criminal case against Hardy. During that hearing, according to the indictment, Williams testified falsely that she was by herself when she went to the pawn shop to buy the gun and that Hardy had nothing to do with the purchase and had no knowledge that she had purchased the firearm. Finally, the grand jury charged Hardy with suborning perjury in connection with Williams’s testimony. Hardy has been in federal custody since the grand jury handed down its indictment.
On May 17, 2018, Hardy pleaded guilty to causing Williams to make a false statement to Sooner State Pawn, a crime also known as "lie-and-try." The government has agreed to dismiss the charge of suborning perjury. On May 7, 2018, Williams pleaded guilty to giving testimony she knew was false about her role in buying a gun for Hardy. The government will dismiss the "lie-and-try" charge against her.
As a result his guilty plea, Hardy faces a maximum sentence of ten years in prison. Williams faces a maximum sentence of five years in prison. Both also face up to three years of supervised release and a fine of up to $250,000. Sentencings will take place in approximately ninety days.
This case is being prosecuted by Assistant U.S. Attorney Timothy W. Ogilvie. It is part of Project Safe Neighborhoods, a Department of Justice program to reduce violent crime. In October 2017, Attorney General Jeff Sessions announced the reinvigoration of Project Safe Neighborhoods and directed U.S. Attorney’s Offices to develop crime-reduction strategies that incorporate lessons federal law enforcement has learned since the program’s launch in 2001.
Reference is made to court records for further information.
Federal Law Enforcement Involved in Fatal Shooting in Cleveland CountyRead the Press Release
OKLAHOMA CITY – On Thursday, May 17, at approximately 11:15 a.m., members of the Western District of Oklahoma’s U.S. Marshals Metro Fugitive Task Force were involved in a shooting in rural Cleveland County, announced U.S. Marshal Johnny Kuhlman, Secret Service Special Agent-in-Charge Kenneth Valentine, and Acting U.S. Attorney Robert J. Troester. Federal law enforcement officers were attempting to arrest a suspect based on multiple federal warrants.
During the attempted arrest, the suspect produced a long gun and fired multiple rounds at Task Force members, who returned fire. The suspect was killed. His name is being withheld pending definitive identification and notification of next of kin.
As a matter of policy, the U.S. Marshals Service and the U.S. Secret Service will not release the names of law enforcement officers involved in shooting incidents until the conclusion of all investigations surrounding the incident. The Oklahoma Highway Patrol and the Oklahoma City Police Department will conduct a joint investigation of the shooting.
More information will be available in coming days concerning this ongoing investigation.
Oklahoma City Man Sentenced to 10 Years in Prison for Attempting to Entice a 14-Year-OldRead the Press Release
OKLAHOMA CITY – HARRY DEAN WHEELER, JR., 68, of Oklahoma City, was sentenced today for attempting to entice a minor to have sex, announced Robert J. Troester, Acting United States Attorney for the Western District of Oklahoma.
According to an affidavit in support of a criminal complaint, an undercover agent with the Oklahoma Bureau of Narcotics and Dangerous Drugs posted an advertisement on Craigslist on September 19, 2017, in which he claimed to be a boy looking for a "daddy" who would be "willing to teach me about sex." The affidavit explained that through the Craigslist email reply function, Wheeler used explicit sexual language to indicate he wanted to meet the boy for a sexual encounter. He also included three nude photos of himself. According to the affidavit, the undercover agent responded: "Wow, your [sic] hot and sound really cool. Just to get it out of the way, I’m 14, but I’m very mature for my age, that’s why I don’t mind older guys." The affidavit stated Wheeler then replied by email: "We must keep it a secret as what we will be doing is not legal." Wheeler allegedly arranged to meet the person he thought was a 14-year-old boy in the parking lot of a business at 5501 North May Avenue in Oklahoma City, with the intention of driving him to his own residence. When Wheeler arrived at the parking lot and identified himself to the undercover agent as "daddy," federal agents arrested him.
The U.S. Attorney’s Office filed a criminal complaint against Wheeler on September 21, 2017. On November 8, 2017, a federal grand jury indicted him on one count of using a facility and means of interstate commerce to attempt to persuade, induce, and entice an individual he believed to be under the age of 18 to engage in sexual activity. On December 7, 2017, Wheeler pleaded guilty to that offense before U.S. District Judge Timothy D. DeGiusti.
At sentencing today, Judge DeGiusti sentenced Wheeler to ten years in prison. Upon release from prison, he will serve five years on supervised release. He will also be required to pay a $5,000 special assessment pursuant to the Justice for Victims of Trafficking Act.
This case is the result of an investigation by Homeland Security Investigations, part of the U.S. Department of Homeland Security, and the Oklahoma Bureau of Narcotics and Dangerous Drugs. Assistant U.S. Attorney Brandon Hale prosecuted the case.
Reference is made to court filings for further information.
Federal Inmate and Correctional Officer Sentenced for BriberyRead the Press Release
OKLAHOMA CITY – JOSE TOMAS CASTILLO-GARZA, 40, and CHARLES DANIEL LYNN, 34, of El Reno, Oklahoma, have been sentenced to federal prison for a bribery scheme, announced Robert J. Troester, Acting United States Attorney for the Western District of Oklahoma.
According to an indictment filed on August 16, 2017, Castillo-Garza was an inmate at Great Plains Correctional Facility in Hinton, Oklahoma, during the latter half of 2016, when Lynn served as a correctional officer. Operated by GEO Group, Great Plains is a low-security institution that contracts with the Bureau of Prisons to house approximately 1,800 federal inmates. Federal regulations prohibit certain contraband items in correctional institutions, including cell phones and electronic music players.
The indictment charged Castillo-Garza with conspiracy to commit honest-services wire fraud and offering a bribe. Lynn was charged with conspiracy and accepting a bribe. The indictment also charged ARMANDO TABARES, 30, of Mission, Texas, with conspiracy and bribery.
According to the indictment, Lynn agreed to receive contraband items from Tabares, to smuggle these items into Great Plains, and to deliver them to Castillo-Garza, who is Tabares’s brother-in-law. The contraband items included cell phones, electronic music players, and other items. The indictment also alleged Lynn escorted Castillo-Garza to various parts of Great Plains to distribute the contraband to other inmates. In exchange for Lynn’s services, Tabares and others were alleged to have paid Lynn through interstate wire transfers via Walmart Money Gram. The alleged conspiracy deprived the government of Lynn’s honest services as a prison employee.
Both Castillo-Garza and Lynn pleaded guilty to conspiracy in November 2017. Lynn also pleaded guilty to accepting a bribe.
On April 24, 2018, United States District Judge David L. Russell sentenced Castillo-Garza to two years in prison, to be served consecutively to the 50-month sentence he is currently serving. Today Judge Russell sentenced Lynn to 15 months in prison, followed by two years of supervised release.
The charges against Tabares have been transferred to the Southern District of Texas for final disposition.
This case is the result of an investigation by the FBI and the Department of Justice’s Office of Inspector General. Assistant U.S. Attorney K. McKenzie Anderson prosecuted the case.
Reference is made to court records for further information.