Western District of Virginia
Press releases recorded for this federal judicial district.
Danville Restaurant Owner Pleads Guilty to Wire Fraud, Food Stamp FraudRead the Press Release
ROANOKE, Va. – Bobby Lee James, the owner of Seafood & More in Danville, Virginia, pleaded guilty today in U.S. District Court in Roanoke to defrauding the Supplemental Nutrition Assistance Program (SNAP) by exchanging cash for SNAP benefits, Acting United States Attorney Daniel P. Bubar announced today.
James, 69, pleaded guilty today to one count of wire fraud and one count of food stamp fraud. At sentencing, James faces a maximum statutory penalty of up to 20 years in prison and/or a fine of up to $250,000.
“Societal safety net programs such as SNAP exist to provide vital resources for those in our communities in need, not to line the pockets of fraudsters,” Acting United States Attorney Bubar said today. “When individuals defraud these programs, this United States Attorney’s Office, and our state and local partners, will hold them accountable.”
According to court documents, from October 2010 to July 2018, SNAP redemptions for Seafood and More exceeded the state average of all other seafood specialty class stores in Virginia by more than $2,465,555.
Following an investigation by law enforcement, James admitted that he, and others who worked at Seafood and More, redeemed SNAP benefits in exchange for cash between 2010 and 2018. James also admitted that he directed his employees to redeem SNAP benefits for case during the same time period and that he knew what he was doing was wrong. In total, Seafood and More caused approximately $1,835,767 in loses to the SNAP program.
The investigation of the case was conducted by the United States Department of Agriculture Office of Inspector General, the United States Secret Service, and the Danville Police Department. Assistant United States Attorney Charlene R. Day is prosecuting the case for the United States.
Stacey Pomrenke, Kurt Pomrenke Sentenced to Prison Time for Conspiring to Defraud the United StatesRead the Press Release
ABINGDON, Va.- Stacey Pomrenke and her husband Kurt Pomrenke were sentenced today in U.S. District Court in Abingdon for conspiring to defraud the United States while Stacey Pomrenke was on pre-trial release. Acting United States Attorney Daniel P. Bubar, David W. Archey, Special Agent in Charge of the FBI’s Richmond Division, and Kelly R. Jackson, Special Agent in Charge of Internal Revenue Service-Criminal Investigations, made the announcement today.
Stacey Pomrenke, 48, of Abingdon, Virginia, was sentenced today to 30 months in federal prison and ordered to pay a fine of $10,000. In November 2020 she waived her right to be indicted and pleaded guilty to a one-count Information charging her with conspiring to defraud the United States while on pre-trial release.
Kurt Pomrenke, 67, also of Abingdon, was sentenced today to 12 months and one-day in federal prison and ordered to pay a fine of $5,000. In November he pleaded guilty to a one-count Information charging him with conspiring to defraud the United States.
“Today’s sentence concludes a troubling case, in which convicted fraudsters remained undeterred in their criminal conduct—even after significant federal convictions,” Acting U.S. Attorney Bubar stated. “Instead of simply accepting and serving her original prison sentence, Stacey Pomrenke, with the assistance of her husband, carried out an additional fraud scheme to exploit a drug treatment program to shorten her sentence. We hope today’s sentences will serve as a deterrence to others, and greatly appreciate the hard work of the FBI and IRS-CI to again bring the Pomrenkes to justice.”
“Fraud against a federal program is fraud against every American taxpayer. Mr. and Mrs. Pomrenke were convicted of conspiring to defraud a federal program designed to aide those with serious needs while incarcerated,” Special Agent in Charge Archey said today. “Their sentence should serve as a reminder that the FBI will aggressively investigate those cases and refer them to the United States Attorney's Office for prosecution.”
“Even after Stacey Pomrenke was found guilty following a 9-day trial on 14 corruption counts and Kurt Pomrenke was found guilty of one count of contempt of court relating to his wife’s federal trial, the couple continued to show blatant disregard for the law by using deception to gain Stacey Pomrenke’s early release from prison,” said Special Agent in Charge Jackson, of IRC-CI Washington DC Field Office. “The selfish action of fraudulently entering programs designed to assist those dealing with addiction merits legal recourse.”
According to court documents, on October 27, 2015, Stacey Pomrenke was arrested based upon the return of an indictment alleging multiple violations of federal law resulting from the federal investigation of Bristol Virginia Utilities Authority. When interviewed by a probation officer for the United States District Court for the Western District of Virginia, Stacey Pomrenke denied any history of substance abuse. Following her conviction for multiple federal offenses, Stacey Pomrenke was again interviewed by probation officers for the United States District Court. During this interview, Stacey Pomrenke again denied any history of substance abuse and stated she was a “social drinker.” Stacey Pomrenke remained on release until September 26, 2016.
On August 11, 2016, Stacey Pomrenke was sentenced to 34 months in federal prison and ordered to self-report to the Bureau of Prisons facility at Alderson, West Virginia. The Bureau of Prisons operates an intensive drug and alcohol abuse treatment program known as the Residential Drug Abuse Program (RDAP). In order to gain entry to RDAP, a federal inmate must meet certain criteria, including having a diagnosable and verifiable drug or alcohol abuse disorder. By successfully completing RDAP, an inmate can qualify for early release from custody.
Beginning on or about August 19, 2016, Stacey and Kurt Pomrenke were solicited by and began corresponding with Tony Pham a.k.a. Anh Nguyen, the operator of RDAP Law Consultants LLC, a business that solicited prospective and current federal inmates through telephone calls and emails offering assistance in applying for, and qualifying for, RDAP. For a fee, RDAP Law Consultants coached and advised prospective and current inmates on how to gain admission to RDAP by lying to the Bureau of Prisons about the existence, duration, and extent of a qualifying substance abuse disorder.
On August 22, 2016, Stacey Pomrenke entered into a consulting agreement with RDAP Law Consultants, agreeing to pay $7,500. The agreement was revised by Kurt Pomrenke and signed by Stacey Pomrenke and Anh Nguyen. Shortly after entering into the agreement, Nguyen began coaching Stacey and Kurt Pomrenke regarding the steps they would need to take to defraud the Bureau of Prisons to secure Stacey Pomrenke’s admission to RDAP.
In one of the first discussions with Nguyen, Stacey and Kurt Pomrenke made it clear that Stacey Pomrenke only drank a glass or two of wine a week and did not have an alcohol abuse problem or addiction.
Based on the advice of Nguyen, on August 31, 2016, Stacey Pomrenke made an appointment with her physician and falsely stated that over the last three years she had been drinking more and going from one glass of wine up to three glasses of wine at night. As a result of the false statements, Stacey Pomrenke’s physician prescribed her Ativan to prevent physical complications from alcohol withdrawal when she reported to prison.
On September 18, 2016, Nguyen sent an email to Stacey Pomrenke with the subject line “Show Withdrawal Symptoms.” In the email, Nguyen detailed a series of withdrawal symptoms Stacey Pomrenke should show within the first 24 hours of reporting to prison.
Between August 31, 2016 and September 25, 2016, Nguyen continued to work with Stacey Pomrenke and Kurt Pomrenke through telephone calls and emails to develop a false, but plausible story of alcohol abuse and the need for treatment.
On September 26, 2016, Stacey and Kurt Pomrenke traveled to the Bureau of Prisons facility at Alderson, West Virginia. When Stacey Pomrenke reported to the facility, she was intoxicated and under the influence of alcohol. During her initial health screen, Stacey Pomrenke told officials she “had been drinking at least a bottle of wine daily since 2008.” At the time she made the statement, Stacey Pomrenke knew that statement to be false.
As a result of her false statements and fraudulent claims of alcohol abuse and addiction, Stacey Pomrenke was admitted to RDAP on November 2, 2016 and began the program on December 2, 2016. As a result of Stacey Pomrenke successfully being admitted to the RDAP program, Kurt Pomrenke agreed to discuss Nguyen’s assistance with other “high profile potential clients” of RDAP Law Consultants, LLC.
Stacey Pomrenke completed RDAP on or about September 22, 2017. Because she completed RDAP, Stacey Pomrenke’s term of imprisonment was reduced by seven months and one day.
The investigation of the case was conducted by the Federal Bureau of Investigation and Internal Revenue Service-Criminal Investigations. Assistant United States Attorneys Zachary T. Lee and Lena L. Busscher are prosecuting the case for the United States.
Front Royal Man Pleads Guilty to Dealing Two Fatal Doses of Fentanyl-laced HeroinRead the Press Release
HARRISONBURG, Va.- A Front Royal, Virginia man, who in the fall of 2017 distributed two fatal, fentanyl-laced doses of heroin, pleaded guilty today in U.S. District Court in Harrisonburg to a drug charge that carries a mandatory minimum sentence of 20 years in prison, and the possibility of a life sentence, Acting United States Attorney Daniel P. Bubar, Special Agent in Charge Jarod A. Forget of the Drug Enforcement Administration’s Washington Division, and the Warren County Sheriff’s Office, announced.
Glenn Eugene Sovereign Jr., 43, of Front Royal, pleaded guilty today to two counts of distributing fentanyl. Because the recipient of the distribution died from overdose by ingesting the fentanyl within, Sovereign faces a mandatory minimum sentence of 20 years in prison and a maximum possible statutory penalty of life at sentencing.
“When Sovereign trafficked fentanyl-laced heroin to an already-vulnerable group of people, he perpetuated their addiction and despair, and ultimately caused their death,” Acting United States Attorney Bubar stated today. “Because of the hard work and persistence of our federal and state partners, Sovereign has been brought to justice and will spend the better part of his life in federal prison.”
“The threat fentanyl brings to our Virginia neighborhoods and families cannot be overstated. With overdoses across the area spiking in the past year, DEA Washington Division has been working hard to investigate and arrest egregious criminals such as this, who are blatantly distributing poisonous drugs and spreading death and violence across our communities," Special Agent in Charge Forget said today.
Sovereign admitted today that in the fall of 2017 he made regular trips from Front Royal, Virginia to Baltimore, Maryland in order to purchase heroin.
On October 24, 2017, Sovereign met with victim E.R. in Front Royal. E.R. purchased a small packet of heroin from Sovereign which contained fentanyl. Later that night, E.R. ingested the contents of the packet, and as a result died.
On or about October 25, 2017, Sovereign traveled to Baltimore to meet his source of supply, where he purchased one gram of heroin. When Sovereign returned to Front Royal, he met with victim N.C. at Sovereign’s residence where he and N.C. ingested 4-5 Ritalin pills together. Later, before Sovereign left for work, he provided N.C. with a small packet of heroin, which contained fentanyl. On or about October 26, 2017, N.C. ingested the contents of the packet, and she died.
The investigation of the case was conducted by the Drug Enforcement Administration and Warren County Sheriff’s Office. Assistant United States Attorney Christopher Kavanaugh is prosecuting the case for the United States.
Inmate at USP Lee Pleads Guilty to Weapon PossessionRead the Press Release
ABINGDON, Virginia - Juan Fernando Sanchez, an inmate at United States Penitentiary (USP) Lee in Jonesville, Virginia, pleaded guilty earlier this week in U.S. District Court in Abington to possessing contraband within a prison, Acting United States Attorney Daniel P. Bubar announced today.
Sanchez, 24, pleaded guilty January 12, 2021 to one count of possession of contraband inside a federal prison, specifically a prison made shank designed to be used as a weapon.
A sentencing hearing has been scheduled for April 13, 2021. At sentencing, Sanchez faces a maximum statutory penalty of 60 months in prison.
The investigation of the case was conducted by the Federal Bureau of Prisons. Special Assistant United States Attorney Debbie Stevens prosecuted the case for the United States.
Grundy Man Sentenced for Illegally Selling FirearmsRead the Press Release
ABINGDON, Va.- Leon St. Clair, a Grundy, Virginia man who engaged in the business of selling firearms without a license, was sentenced yesterday in U.S. District Court in Abingdon to two years of probation, Acting United States Attorney Daniel P. Bubar and Ashan M. Benedict, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms and Explosives Washington Field Division announced.
St. Clair, 78, pleaded guilty in October 2020 to one count of engaging in the business of selling firearms without a license.
According to court documents, the ATF began investigating flea markets in southwest Virginia in order to identify individuals who were engaging in the business of selling firearms without a license. St. Clair was one of the individuals ATF identified.
St. Clair admitted to regularly buying, displaying, and selling numerous long guns and handguns at the Indian Mountain Trade Center and at a warehouse parking lot in Grundy, Virginia. St. Clair admitted that he profited from his gun sales, and that he did so without a Federal Firearms License.
The investigation of the case was conducted by the Bureau of Alcohol, Tobacco, Firearms, and Explosives and the Virginia State Police. Assistant United States Attorneys Zachary T. Lee and Whit D. Pierce are prosecuting the case for the United States.
This case is also part of Project Guardian, the Department of Justice’s signature initiative to reduce gun violence and enforce federal firearms laws. Initiated by the Attorney General in the fall of 2019, Project Guardian draws upon the Department’s past successful programs to reduce gun violence; enhances coordination of federal, state, local, and tribal authorities in investigating and prosecuting gun crimes; improves information-sharing by the Bureau of Alcohol, Tobacco, Firearms and Explosives when a prohibited individual attempts to purchase a firearm and is denied by the National Instant Criminal Background Check System (NICS), to include taking appropriate actions when a prospective purchaser is denied by the NICS for mental health reasons; and ensures that federal resources are directed at the criminals posing the greatest threat to our communities.
Bristol Woman Pleads Guilty to Conspiracy to Defraud Financial InstitutionsRead the Press Release
ABINGDON, Virginia – Kathleen Littleford, a Bristol, Virginia woman, who fraudulently opened several bank accounts, deposited counterfeit checks, and shipped large quantities of cash overseas in order to assistant a man with whom she was involved in an online relationship, pleaded guilty today in U.S. District Court to a federal conspiracy charge, Acting United States Attorney Daniel P. Bubar announced.
Littleford, 76, waived her right to be indicted and pleaded guilty today to one count of conspiracy to execute a scheme to defraud financial institutions to obtain money by false pretenses. At sentencing, Littleford faces up to 30 years in prison and/or a fine of up to $1 million. A sentencing hearing has been scheduled for April 6, 2021.
“Financial fraud cases like this are not victimless crimes,” Acting United States Attorney Bubar said today. “Thousands of Americans are targeted in similar online financial schemes, and when they willingly participate, the fraud is perpetuated. The Western District of Virginia is committed to investigating and prosecuting these kinds of online fraud schemes and we appreciate the good work of our federal and state partners in this case.”
According to court documents, beginning in 2018, Littleford opened a series of bank accounts for the purpose of depositing counterfeit checks and receiving fraudulent transfers of funds from other banking institutions. She did so to assist a man she met online calling himself Frank Peterson. Beginning with his introduction and continuing to the present day, Littleford engaged in an amorous relationship with Peterson, engaging in frequent emailing, text messaging, Facebook messaging, and phone call communications.
“Peterson” made representations to Littleford over the course of their relationship that he made a lot of money in a trade deal in Dubai, that those funds were encumbered by the IRS due to taxes he owed, that he had a lot of money tied up in stocks, and that he needed Littleford’s help receiving funds from banking institutions because he could not transfer money himself, due to the IRS claims on his accounts.
Littleford admitted today that premised on Peterson’s representations and enticed by a reciprocal love and devotion he showed her, Littleford undertook extraordinary measures to comply with Peterson’s fraudulent financial requests. Littleford knew what she was doing was wrong, but knowingly and willfully engaged in the conduct anyway.
Over the course of the scheme, Littleford opened accounts with at least five local banks and fraudulently received move than $190,000 in funds to which she was not entitled.
The investigation of the case was conducted by the Internal Revenue Service and the Russell County Sheriff’s Office. Assistant United States Attorney Daniel J. Murphy is prosecuting the case for the United States.
Richlands Man Pleads Guilty to Possessing and Manufacturing an Unregistered Explosive DeviceRead the Press Release
ABINGDON, Va.- A Richlands man, who appeared at a health clinic in June 2020 with severe injuries to his hands and fingers, pleaded guilty today to possessing and manufacturing an unregistered explosive device. Acting United States Attorney Daniel Bubar, David W. Archey, Special Agent in Charge of the FBI’s Richmond Division, Special Agent in Charge Ashan M. Benedict of the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) Washington Field Division, and Colonel Gary T. Settle, Superintendent of the Virginia State Police made the announcement today.
Cole Carini, 24, pleaded guilty today to one count of possessing and manufacturing an unregistered explosive device. A sentencing hearing has been scheduled for April 13, 2021. At sentencing, Carini faces up to ten years imprisonment and a $250,000 fine.
“The defendant put the safety of the community at risk when he built and then detonated an explosive device,” Acting United States Attorney Daniel P. Bubar said today. “Thanks to the prompt response and careful investigation of our federal and state law enforcement partners, Carini is being held accountable for his dangerous acts.”
According to court documents, on June 3, 2020, Carini went to a health clinic in Richlands suffering from suffering from extensive injuries to his hands, and shrapnel wounds to his neck and throat. After being interviewed at the hospital by officers, Carini reported that his injuries were caused by a lawn mower accident at his home.
During a search of Carini’s home, agents found the lawn was overgrown and found no other evidence indicating a lawn mower had recently been used. They did, however, find evidence of an explosion more consistent with the types of injuries Carini had suffered. Agents also discovered drawings of improvised explosive devices, significant quantities of what is believed to be Triacetone Triperoxide, an explosive substance used in the creation of improvised explosive devices, and a partially constructed pressure cooker explosive device similar to that used in the Boston Marathon bombing.
The investigation of the case was conducted by the Federal Bureau of Investigation, the Bureau of Alcohol, Tobacco, Firearms, and Explosives, the Virginia State Police, the Richlands Police Department and the Tazewell County Sheriff’s Office. Assistant United States Attorneys Zachary T. Lee and Whit Pierce are prosecuting the case for the United States.
Acting United States Attorney Bubar, FBI Special Agent in Charge Archey Condemn Yesterday’s Violence in Washington D.C.Read the Press Release
ROANOKE, Virginia - Acting United States Attorney Daniel P. Bubar and FBI Special Agent in Charge David W. Archey jointly announced today their condemnation of violence during yesterday’s events in Washington D.C. and request information regarding individuals involved in potential criminal acts of violence.
“We strongly condemn the violence carried out by rioters yesterday at the U.S. Capitol, which was a reprehensible attack on our democracy,” Acting U.S. Attorney Bubar said. “Here in the Western District of Virginia, we are quite familiar with the use of the federal Anti-Riot Act, and are working with our law enforcement partners to identify and prosecute any individuals that traveled from the Western District of Virginia to Washington, D.C. to commit violent criminal acts in furtherance of these riots. We will continue to carry out our mission to support and defend the Constitution and the rule of law, undeterred.”
If you have any information, tips, or digital media identifying persons or depicting rioting and violence at the U.S. Capitol Building or its surrounding area yesterday, please visit fbi.gov/USCapitol or call 1-800-CALL-FBI. If you have any information identifying persons who traveled from within the Western District to Virginia and engaged in such violence, please reach out to FBI’s Richmond Division at 804-261-1161.
Owner of Texas Sport Supplement Company Pleads Guilty to Unlawful Distribution of Steroid-like DrugsRead the Press Release
ABINGDON, Virginia – Brett Becker, and the sport supplement company he owns, Accelerated Genetix, LLC, pleaded guilty today in U.S. District Court in Abingdon, Virginia, to a felony charge relating to the introduction of unapproved new drugs into interstate commerce. Some of those drugs were shipped into the Western District of Virginia, Acting United States Attorney Daniel P. Bubar announced today.
Becker 32, currently of Concord, Michigan, and Accelerated Genetix, LLC, a sport supplement company based in Argyle, Texas, pleaded guilty to one count of distributing unapproved new drugs with the intent to mislead and defraud the FDA and consumers.
Becker admitted that, from approximately January 2016 to March 2019, he and his company unlawfully distributed Selective Androgen Receptor Modulators (“SARMs”) and other substances that the FDA has not approved, including Ostarine and Ligandrol. SARMs are synthetic chemicals designed to mimic the effects of testosterone and other anabolic steroids. The FDA has long warned against the use of SARMs like those found in Accelerated Genetix products, including stating in a 2017 warning letter to another firm that SARMs have been linked to life-threatening reactions including liver toxicity, and have the potential to increase the risk of heart attack and stroke.
“Drugs masquerading as dietary supplements sidestep the FDA approval process and put consumers at risk,” said Acting Assistant Attorney General Jeffrey Bossert Clark of the Justice Department’s Civil Division. “The Department of Justice will continue to work with FDA to ensure a safe and effective drug supply.”
In connection with his plea, Becker agreed to forfeit approximately $3.5 million, reflecting the amount of Accelerated Genetix products sold across the United States through retail outlets and over the internet.
“Becker and his company put their customers’ health at risk by unlawfully distributing drugs without FDA approval,” said Acting United States Attorney Bubar. “This case is particularly troubling, given the FDA’s explicit and repeated warnings about the dangers of SARMs. FDA regulations are integral to safeguarding consumers, and I am proud of our federal team that took on this investigation to ensure the processes and the public are protected.”
“The FDA’s laws are designed to protect the public health by ensuring, among other things, that drugs are safe and effective for their intended uses,” said FDA Assistant Commissioner for Criminal Investigations Catherine A. Hermsen. “Those who manufacture drugs disguised as supplements outside the FDA’s oversight endanger consumers. We remain committed to bringing to justice companies and individuals who attempt to subvert the regulatory functions of the FDA by distributing unapproved, and potentially dangerous, drugs.”
In pleading guilty, Becker also admitted that he intended to mislead and defraud the FDA and consumers by importing these ingredients even after learning they were mislabeled by the distributor when they were shipped from China to the United States; misrepresenting Accelerated Genetix products as “dietary supplements” to create the impression that they were safe and legal to use; and manufacturing a custom order of a SARMs product despite knowing it was illegal to introduce the unapproved new drug into interstate commerce.
U.S. District Judge Jones heard the defendants’ guilty pleas in federal court in Abingdon, Virginia, and set sentencing for March 15, 2021.
Assistant United States Attorney Randy Ramseyer of the U.S. Attorney’s Office for the Western District of Virginia and Trial Attorney Speare Hodges of the Department of Justice Civil Division’s Consumer Protection Branch are prosecuting the case. This matter was investigated by the Food and Drug Administration’s Office of Criminal Investigations.
Charlotte Doctor Sentenced to Prison Time for Conspiring to Distribute Prescription OpioidsRead the Press Release
ABINGDON, Va.- A Charlotte, North Carolina-based doctor and his wife were sentenced today in U.S. District Court in Abingdon on charges they conspired to illegally distribute prescription opioids in the Western District of Virginia and then made a false statement about the conduct, Acting United States Attorney Daniel P. Bubar announced.
David Francis Lelio, 57, was sentenced today to 36 months in prison. Nadja Siiri Kujanson-Lelio, 51, was sentenced today to three years’ probation, including six months of home detention. David and Nadja Lelio, both of Charlotte, N.C., each pleaded guilty in August 2020, to one count of conspiracy to distribute prescription opioids, specifically oxycodone. David Lelio also pleaded guilty to an additional count of making a false statement.
“Dr. Lelio, with the help of his wife, used his medical license to take advantage of patients to illegally obtain opioids for themselves,” United States Attorney Bubar said today. “Sadly, instead of helping to fight the scourge of opioids, they only contributed to it. I am grateful for the Virginia State Police and Wythe County Sheriff’s Office, who were integral to bringing the Lelios to justice and for their continued partnership in supporting communities fighting the opioid crisis every day.”
The pair admitted that between 2016 and 2019, Dr. David Lelio wrote more than 60 prescriptions for oxycodone to patients, some of whom resided in Wythe County, Virginia, without a legitimate medical purpose. As part of the conspiracy, Dr. Lelio wrote opioid prescriptions in his patients’ names with the understanding that some or all of the prescriptions would be shared with his wife, Nadja Kujanson-Lelio. Dr. Lelio and his wife then reimbursed the patients for the cost of filling the prescriptions. When asked by law enforcement about the conspiracy, David Lelio falsely stated there was no agreement with any of his patients to return or share the prescription opioids with his wife.
The investigation of the case was conducted by the Wythe County Sheriff’s Office and the Virginia State Police. Assistant United States Attorneys Lena Busscher and Randy Ramseyer prosecuted the case for the United States.
Luray Woman Pleads Guilty to Federal Drug Conspiracy ChargeRead the Press Release
Harrisonburg, Va. - A Luray woman, who police stopped for driving with a suspended license and found to be in possession of methamphetamine and other drugs, pleaded guilty yesterday in U.S. District Court to a pair of federal drug charges, Acting United States Attorney Daniel P. Bubar announced.
Amanda Marie Catoe, 32, pleaded guilty yesterday to one count of conspiring to distribute 500 grams or more of methamphetamine and one count of possessing with the intent to distribute 50 grams or more of methamphetamine. Catoe faces a mandatory minimum sentence of 10 years in prison and a maximum statutory sentence of life in prison. She will be sentenced on April 21, 2021.
“Methamphetamine continues to plague communities in the Western District,” Acting U.S. Attorney Bubar stated today. “Prosecuting those that distribute meth and therefore perpetuate the destruction caused by it continues to be a top priority of this office and I appreciate the hard work of our federal and state partners that went into this case.”
According to court documents, on January 8, 2019, officers stopped Catoe’s vehicle for driving with a suspended license. A narcotics canine arrived on scene and alerted to the vehicle. Upon searching the vehicle, officers found several bags of methamphetamine, marijuana, and cash.
A search warrant was executed at Catoe’s residence in Luray. Officers found methamphetamine hidden under the stairs, hallucinogenic mushrooms, morphine, psilocyn, documents detailing prior drug transactions, and at least ten firearms, including four shotguns and four rifles.
The investigation of the case was conducted by Bureau of Alcohol, Tobacco, Firearm, and Explosives, Luray Police Department, and Page County Sheriff’s Department. Assistant United States Attorney Jeb Terrien is prosecuting the case for the United States.
Inmate at USP Lee Pleads Guilty to Unlawfully Possessing WeaponRead the Press Release
ABINGDON, Virginia - An inmate at the USP Lee in Jonesville, Virginia, pleaded guilty yesterday in U.S. District Court to unlawfully possessing a weapon inside the prison, Acting United States Attorney Daniel P. Bubar announced today.
Leonardo Acevedo-Vazquez, 28, pleaded guilty yesterday to one count of possessing contraband in a prison, that contraband being a weapon. Acevedo-Vazquez, who faces up to an additional five years in prison for his most recent offense, will be sentenced on March 15, 2021.
According to court documents, on January 19, 2020, a staff member at USP Lee observed Acevedo-Vazquez in his cell holding a metal object in his right hand. The metal object was a prison made weapon, approximately 6.5 inches long, sharpened to a point at one end with a handle made of white sheet material on the other end.
The investigation of the case was conducted by the Federal Bureau of Prisons. Special Assistant United States Attorney Steven J. Luckie prosecuted the case for the United States.
Former Medical Director of Suboxone Manufacturer Indivior Sentenced in Connection with Drug Safety ClaimsRead the Press Release
ABINGDON, Virginia - Timothy Baxter, the former medical director of Indivior PLC, was sentenced today in federal court in Abingdon, Virginia, to six months home detention, 100 hours of community service, and a $100,000 criminal fine in connection with the company’s marketing of an opioid drug.
Baxter pleaded guilty in August 2020 to a one-count misdemeanor Information related to Indivior’s false and misleading representations to the Massachusetts Medicaid program (MassHealth) regarding Suboxone, a drug approved for recovering opioid addicts to avoid or reduce withdrawal symptoms. In connection with his guilty plea to causing the introduction into interstate commerce of misbranded drugs under the Federal Food, Drug, and Cosmetic Act, Baxter admitted that he failed to prevent Indivior from sending false and misleading information to MassHealth related to the relative safety of Suboxone Film, a version of Suboxone, around children.
“In this administration, the Department of Justice has augmented its important and ongoing drug enforcement efforts with a series of new initiatives targeted at illegal conduct involving prescription opioid drugs,” said Deputy Attorney General Jeffrey A. Rosen. “The Department’s multi-pronged prosecution of Indivior’s unlawful promotion of Suboxone is a prime example of how to combat this crisis through diverse strategies. The net effect of the Department’s Indivior-related cases will bolster ongoing efforts to punish criminal conduct in the opioid space, deter further criminal conduct among opioid manufacturers and their top executives, and contribute significantly to the Department’s objective to stem the tide of this epidemic.”
“When Timothy Baxter failed to ensure Indivior provided honest and accurate information to a state Medicaid program about Suboxone, it resulted in overstated safety claims and criminal conduct,” said Acting United States Attorney Daniel P. Bubar. “Baxter’s failure was especially egregious, given his role in the company as global medical director. Today’s sentence ought to be a deterrent to other pharmaceutical executives against providing anything less than truthful information about their products. We could not have done this case without the hard work of and cooperation with the Virginia Attorney General’s Office and our federal partners, for which we are incredibly grateful.”
According to court documents, Baxter helped oversee Indivior’s efforts in 2012 to secure formulary coverage for Suboxone Film from MassHealth. Indivior employees devised a strategy to win preferred drug status for Suboxone Film and counteract a non-opioid competitor MassHealth was considering for opioid-addiction treatment. A certain Indivior employee subsequently shared false and misleading safety information with MassHealth officials about Suboxone Film’s risk of accidental pediatric exposure. Baxter failed to prevent this course of conduct carried out by an employee under his supervision. Two months after receiving that false and misleading information, MassHealth announced it would provide access to Suboxone Film for Medicaid patients with children under the age of six.
Indivior’s former CEO, Shaun Thaxter, was sentenced in October 2020 to six months in prison and a $600,000 criminal fine and forfeiture after he pleaded guilty to the same charge. U.S. District Court Judge James P. Jones of the Western District of Virginia handed down the sentences for both Baxter and Thaxter. The cases follow corporate criminal and civil resolutions announced by the Department earlier this year. In total, payments made by Indivior Solutions and its parent companies, Indivior Inc. and Indivior plc, along with payments made under a 2019 resolution with Indivior’s former parent, Reckitt Benckiser Group plc, will exceed $2 billion.
“Sadly, we continue to feel the devastating effects of the opioid crisis in communities across the Commonwealth,” said Attorney General Mark Herring. “Opioid manufacturers and their leadership must be held accountable for the role that they played in creating and prolonging this epidemic by putting profits over people. I want to thank my Medicaid Fraud Control Unit, as well as our local, state, and federal partners for all of their hard work and collaboration on this important case.”
“Opioid addiction is a serious public health crisis in the United States and the FDA is continuing to take steps to combat and address this significant issue. When companies and their leadership provide misleading information about the benefits of their products, it undermines efforts to provide affordable treatment, especially to those suffering from opioid addiction,” said Catherine Hermsen, Assistant Commissioner of the FDA’s Office of Criminal Investigations. “We will continue to investigate and work to protect against those whose schemes jeopardize public health and put Americans at risk.”
“The U.S. Postal Service spends billions of dollars per year in workers compensation / health care related costs, most of which are legitimate,” said U.S. Postal Service Office of Inspector General Special Agent in Charge Kenneth Cleevely, Eastern Area Field Office. “However, when corporations, medical providers, pharmacies, and other organizations choose to flout the rules and profit illegally, special agents with the USPS OIG will work with our law enforcement partners to hold them responsible. To report fraud or other criminal activity involving the Postal Service, contact our special agents at www.uspsoig.govor 888-USPS-OIG.”
The criminal cases against Baxter, Thaxter, and Indivior were prosecuted by attorneys from the U.S. Attorney’s Office for the Western District of Virginia, Department of Justice’s Civil Division, Virginia Attorney General’s Medicaid Fraud Control Unit, and Federal Trade Commission including Albert P. Mayer, Randy Ramseyer, Kristin L. Gray, Joseph S. Hall, Janine M. Myatt, Garth W. Huston, Carol Wallack, Charles J. Biro, and Matthew J. Lash. The investigation was handled by the FDA’s Office of Criminal Investigations; Virginia Medicaid Fraud Control Unit; United States Postal Service - Office of Inspector General; and U.S. Department of Health and Human Services - Office of Inspector General.
For more information about the U.S. Attorney’s Office for the Western District of Virginia, visit its website at https://www.justice.gov/usao-wdva. Additional information about the Consumer Protection Branch and the Civil Fraud Section and their enforcement efforts may be found at http://www.justice.gov/civil/consumer-protection-branch and http://www.justice.gov/civil/fraud-section. Tips and complaints from all sources about potential fraud, waste, abuse, and mismanagement, can be reported to the Department of Health and Human Services at 800-HHS-TIPS (800-447-8477).
California Man Sentenced to 53 Months for Illegally Possessing FirearmsRead the Press Release
ABINGDON, Va.- A California man, who had been on the run from law enforcement for five years before being found illegally possessing firearms last February, was sentenced this week to 53 months in federal prison, Acting United States Attorney Daniel P. Bubar announced today.
Zeafree Zekkariyas, 30, a.k.a. Jorden Johnson, pleaded guilty in August 2020 to one count of illegal possession of a firearm by a convicted felon.
According to court documents, on February 18, 2019 law enforcement was engaged in a manhunt for a suspect in an attempted-murder case not involving Zekkariyas. As part of that manhunt, officers conducted surveillance on an apartment in Bluefield, Virginia. Late on the night of February 18, 2020, an investigator with the Bluefield Police Department observed a male, who fit the description of the wanted suspect, exiting the apartment.
The man, later identified as Zekkariyas, left the scene in an unlicensed vehicle with no headlights. The investigator followed the car, found it parked at another resident, and knocked on the door. Once located inside, Zekkariyas admitted to law enforcement that the vehicle outside the residence was his, that he had driven there, and that he was wanted on an outstanding warrant. Zekkariyas, a felon, was taken into custody at that time on the outstanding warrant.
Officers obtained a search warrant for the car. Inside they recovered a .40 caliber magazine, a box of .410 shells, a .410 shotgun, a stolen AR15 rifle, AR15 ammunition, and other rounds of ammunition.
The investigation of the case was conducted by the Bureau of Alcohol, Tobacco, Firearms, the Bluefield Police Department, and the Virginia State Police. Assistant United States Attorneys Cagle Juhan and Whit D. Pierce prosecuted the case for the United States.
Texas Man Pleads Guilty to Trafficking AliensRead the Press Release
ROANOKE, Va. – A Texas man, who was involved in a traffic accident in Wythe County, Virginia on February 10, 2020, pleaded guilty today in U.S. District Court in Roanoke to trafficking aliens, Acting United States Attorney Daniel P. Bubar announced.
Gary Donel Smith, 30, of McKinney Texas, waived his right to be indicted and pleaded guilty today to a one-count Information charging him with knowingly transporting aliens within the United States.
According to court documents, Smith was recruited by an individual to transport a vanload of aliens across the United States. Smith knew these individuals were in the United States illegally at the time and agreed to transport them from Dallas, Texas to New York, New Jersey, and Maryland. The passengers paid $14,000 for a smuggling service to enter the United States. Smith was to be paid for his services upon his return from transporting the aliens to their destinations.
On February 9, 2020, Smith picked up the passengers in Dallas, Texas. The following day, Smith was involved in a traffic accident in Wythe County, Virginia. At that time law enforcement responded and found six aliens traveling with Smith, including one juvenile and five adults. These individuals were found to be in the United States illegally from Ecuador and El Salvador.
The investigation of the case was conducted by the Department of Homeland Security (DHS) Homeland Security Investigations (HSI), the Montgomery County Sheriff’s Office, U.S. Immigration and Customs Enforcement - Enforcement and Removal Operations, and the Virginia State Police. Assistant United States Attorney Charlene R. Day is prosecuting the case for the United States.
Berryville Man Pleads Guilty to Illegal Possession of a Firearm, Distribution of CocaineRead the Press Release
HARRISONBURG, Va. – A Berryville, Virginia man pleaded guilty today to a pair of federal firearm and narcotics charges. He fled police following a traffic stop in January 2020 and was found in possession of a loaded Smith & Wesson 9 mm semi-automatic pistol and a cache of narcotics secreted in a storage unit. Acting United States Attorney Daniel P. Bubar, Ashan M. Benedict, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms and Explosives Washington Field Division, and Jesse Fong, Special Agent in Charge of the Drug Enforcement Administration’s Washington Field Division made the announcement today.
Cironta Commander, 22, pleaded guilty today to one count of possession of a firearm by a convicted felon and one count of possession with the intent to distribute and distributing 28 grams or more of cocaine base.
According to court documents, on January 27, 2020 an officer with the Berryville Police Department initiated a traffic stop of Commander. As the officer returned to his cruiser to investigate a potential discrepancy in Commander’s paperwork, Commander sped from the scene at a high rate of speed. When the defendant approached an intersection, he failed to stop at a stop sign and drove into a grassy area between an apartment building and a tree, where there were people present in the common area. As the defendant reentered the roadway, he drove toward a dead end and crashed into a tree.
Commander attempted to flee the scene on foot while carrying a backpack but was detained. In a search of the backpack, officers found a loaded Smith & Wesson, 9mm, semi-automatic pistol containing five rounds of ammunition. In addition, officers found approximately 3.66 oz. of marijuana, $4,738 in cash, a bundle of clear plastic bags commonly used for narcotics distribution, and a small plastic bag of white powder with 2.19 grams of powder cocaine. At the time of his possession of the firearm, Commander was a previously convicted felon prohibited from legally possessing a firearm.
Local police and federal agents executed a search warrant at the defendant’s residence in Berryville, Va., on February 3, 2020. In the basement of the residence, officers found three rifles and $4,392. In the closet in the master bedroom, agents located a shoebox with an additional $11,000 in cash.
Additionally, during the search of a Cadillac Escalade parked in the driveway, agents recovered an access card for a storage unit in Stephens City, Virginia. Agents went to that location and learned the unit had only been leased following Commander’s arrest. After obtaining a search warrant of the location, agents recovered a variety of narcotics, including 191.64 grams of fentanyl, 32.96 grams of heroin, 349.47 grams of powder cocaine and 181.83 grams of cocaine base.
The investigation of the case was conducted by the Bureau of Alcohol, Tobacco, Firearms, and Explosives, the Drug Enforcement Administration, the Berryville Police Department and the Office of the Clark County Commonwealth’s Attorney. Assistant United States Attorney Christopher Kavanaugh is prosecuting the case for the United States.
North Carolina Sport Supplement Company and Its Owner Plead Guilty to Unlawful Distribution of Steroid-like DrugsRead the Press Release
ABINGDON, Virginia – A North Carolina resident, and his sport supplement company, pleaded guilty today to a felony charge relating to the introduction of unapproved new drugs into interstate commerce, Acting United States Attorney Daniel P. Bubar announced.
Brian Michael Parks, 47, of Apex, North Carolina, and MedFitRX, Inc, now known as MedFit Sarmacuticals Inc., a sport supplement company based in Cary, North Carolina, pleaded guilty in U.S. District Court for the Western District of Virginia to one count of distributing unapproved new drugs with the intent to mislead and defraud the FDA and consumers.
Parks admitted that from approximately June 2017 to September 2019 he and his company unlawfully distributed Selective Androgen Receptor Modulators (“SARMs”) and other substances that the FDA has not approved, including Ostarine (MK-2866), Ligandrol (LGD-4033), and Testolone (RAD-140). SARMs are synthetic chemicals designed to mimic the effects of testosterone and other anabolic steroids. The FDA has long warned against the use of SARMs like those found in MedFit products, including stating in a 2017 warning letter to another firm that SARMs have been linked to life-threatening reactions including liver toxicity, and have the potential to increase the risk of heart attack and stroke.
In connection with his plea, Parks agreed to forfeit $1.2 million, reflecting the amount of MedFitRX products he sold across the United States through retail outlets and over the internet.
“Parks and his company put his customers’ health at risk when he unlawfully distributed drugs without their being FDA approved,” said Acting United States Attorney Bubar. “FDA regulations are integral to safeguarding consumers, and I am proud of our federal team that took on this investigation to ensure the process and the public are protected.”
“FDA enforces laws that are designed to protect the public health by ensuring, among other things, that drugs are safe and effective for their intended uses. Drugs disguised as supplements, of unknown origin and possibly toxic ingredients, that are manufactured and distributed outside the FDA’s oversight, endanger consumers,” said Assistant Commissioner for Criminal Investigations Catherine A. Hermsen. “We remain committed to pursuing and bringing to justice those who mislead the public and attempt to subvert the regulatory functions of the FDA by distributing unapproved and potentially dangerous products.”
In pleading guilty, Parks also admitted that he intended to mislead and defraud the FDA and consumers by omitting ingredients on MedFitRX product labels, falsely claiming MedFitRX was licensed and registered to sell these new drugs, importing raw drug ingredients with the intent to avoid regulatory scrutiny, and misrepresenting MedFitRX products as “dietary supplements” or “sports supplements” to create the impression that they were safe and legal to use.
A sentencing hearing has been scheduled for February 16, 2020 at 2:30pm.
Assistant United States Attorney Randy Ramseyer of the U.S. Attorney’s Office for the Western District of Virginia and Trial Attorney Speare Hodges of the Department of Justice Civil Division’s Consumer Protection Branch are prosecuting the case. This matter was investigated by the Food and Drug Administration’s Office of Criminal Investigations.
Federal Grand Jury Charges Gordonsville Man in Series of Summertime Armed Robberies of Local BusinessesRead the Press Release
CHARLOTTESVILLE, Va. - A federal grand jury sitting in U.S. District Court in Charlottesville has indicted a Gordonsville man and charged him with federal Hobbs Act robbery charges in connection to a series of armed robberies that took place at commercial businesses in Charlottesville, Albemarle County, and Stafford County in the summer of 2020. Acting United States Attorney Daniel P. Bubar, ATF Special Agent in Charge Ashan M. Benedict, Chief Ron L. Lantz of the Albemarle County Police, and RaShall M. Brackney, Police Chief for the City of Charlottesville made the announcement today.
The grand jury has charged Dominique Dejone Thurston, 22, of Gordonsville, with seven counts of Hobbs Act robbery, seven counts of using a firearm in commission of a Hobbs Act robbery, and one count of being a felon in possession of a firearm.
The indictment alleges that between June 2020 and September 2020, Thurston committed a series of armed, Hobbs Act robberies at commercial business in Albemarle County, the City of Charlottesville and Stafford County. These robberies included the Oak Hill Market in Albemarle County, 7-Eleven on Ivy Road in the City of Charlottesville, a BP gas station convenience store in the City of Charlottesville, 7-Eleven on Greenbrier Drive in Albemarle County, Kangaroo Gas in Albemarle County, 7-Day Junior Store in the City of Charlottesville, and 7-Eleven on Boulderview Road in Albemarle County.
During each robbery, the indictment alleges Thurston brandished a firearm, pointed it at a store employee and demanded cash.
The investigation of the case was conducted by the Bureau of Alcohol, Tobacco, Firearms, and Explosives, the Albemarle County Police Department, the City of Charlottesville Police Department, and the Stafford County Police Department. Managing Assistant United States Attorney Ronald M. Huber and Special Assistant United States Attorney Nina-Alice Antony are prosecuting the case for the United States
An indictment is merely an accusation. The defendant is presumed innocent until proven guilty in a court of law.
Ex-Attorney Indicted on Federal Wire Fraud, Mail Fraud, False Statement ChargesRead the Press Release
LYNCHBURG, Va. – A federal grand jury sitting in U.S. District Court in Roanoke indicted Cherie Anne Washburn, a former attorney who specialized in elder law and estate planning, on federal wire fraud, mail fraud, and false statement charges. Acting United States Attorney Daniel P. Bubar and David W. Archey, Special Agent in Charge of the FBI’s Richmond Division made the announcement today following the defendant’s initial court appearance.
Washburn, 44, of Lynchburg, Va., is charged with ten counts of wire fraud, two counts of making a false statement to a mortgage lender, and one count of mail fraud. If convicted, Washburn faces up to 30 years in federal prison.
According to court documents, from around 2015 and continuing until 2018, Washburn engaged in a scheme to defraud and obtain money or property by fraudulent pretenses, representations or promises from elder victims C.A. and D.F. Washburn is alleged to have used the ill-gotten monies to enrich herself, including purchasing real estate and making donations to charities.
In 2015 and 2016, a senior care management service company referred victims C.A. and D.F. to Washburn for the purpose of obtaining elder legal services. Washburn subsequently entered separate Power of Attorney (POA) agreement with both victims. Under the terms of both POAs, Washburn was entitled to reasonable compensation and reimbursement for reasonable expenses for services rendered but could not use the personal property of the client to benefit the attorney.
The indictment alleges that despite the agreement, Washburn wrote multiple checks from victim C.A. and victim D.F.’s accounts to herself for personal benefit. These checks ranged in value from $4,200 to $40,000.
Additionally, the indictment alleges that in 2017, Washburn attempted to improperly make herself the beneficiary of two investment accounts held by C.A.. At the time, these accounts had a combined approximate value of $288,000.
Throughout 2017, the indictment alleges that Washburn made charitable donations using money fraudulently obtained from victims C.A. and D.F. These donations were made without the consent of the victims.
In or around March 2018, the indictment alleges, Washburn purchased a residence in Lynchburg, Va., for approximately $219,000 using monies belonging to victim C.A. and a mortgage lender. In order to complete the purchase, on or about April 22, 2018, Washburn submitted a letter to Quicken Loans falsely stating that victim C.A. provided Washburn with a gift of $40,000 for the purchase of 111 Wyndsong Place. The gift letter also falsely stated that victim C.A. was Washburn’s great-aunt. The next day Washburn deposited $45,000 from victim C.A.’s SunTrust Account to Washburn’s Wells Fargo account.
The investigation of the case was conducted by Federal Bureau of Investigation and the Lynchburg City Police Department. Acting United States Attorney Daniel P. Bubar, Assistant United States Attorney Michael Baudinet, and Special Assistant United States Attorney and Commonwealth Attorney for the City of Lynchburg Bethany Harrison are prosecuting the case for the United States.
An indictment is merely an accusation. The defendant is presumed innocent until proven guilty in a court of law.
Former Executive Vice President of J& R Manufacturing Sentenced to Prison Failing to Pay Taxes, False StatementsRead the Press Release
ABINGDON, Va.- Teresa Barringer, the former executive vice present of J&R Manufacturing in Bluefield, Va., was sentenced yesterday in U.S. District Court in Abingdon to serve three years in federal prison on charges of failing to pay taxes and making false statements. Acting United States Attorney Daniel P. Bubar made the announcement.
Barringer, 59, was convicted in December 2019 following a three-day jury trial of three counts of willfully failing to pay payroll taxes and three counts of making false statements to federal law enforcement officers.
According to court documents, Barringer failed to pay more than $175,000 in payroll taxes withheld from employees. In July 2019, Barringer lied to federal agents when questioned about her employment and forms she falsely completed to make 401(k)withdrawals. At sentencing, the District Court found Barringer lied under oath when testifying during her trial.
The investigation of the case was conducted by the Federal Bureau of Investigation, the Internal Revenue Service, and the Virginia State Police. Assistant United States Attorneys S. Cagle Juhan and Randy Ramseyer prosecuted the case for the United States.
Inmate at USP Lee Indicted for 2018 Murder of CellmateRead the Press Release
ABINGDON, Virginia - A federal grand jury sitting in U.S. District Court in Abingdon has indicted Samuel Silva, an inmate a United States Penitentiary, Lee County and charged him with the premeditated murder of his cellmate in September 2018, Acting United States Attorney Daniel P. Bubar and David W. Archey, Special Agent in Charge of the FBI’s Richmond Division announced today.
Silva, 45, is charged with one count of willfully, deliberately, maliciously, and with premeditation killing Abraham Aldana, Silva’s cellmate at the time, in September 2018, by stabbing him.
The investigation of the case was conducted by the Federal Bureau of Investigation. Acting United States Attorney Daniel P. Bubar and Assistant United States Attorneys Zachary T. Lee, Daniel J. Murphy, and Aaron Stewart, a Trial Attorney with the Department of Justice’s Capital Case Unit are prosecuting the case for the United States.
An indictment is merely an accusation. The defendant is presumed innocent until proven guilty in a court of law.
Indivior Solutions Sentenced as Part of $2 Billion Resolution of False Safety Claims Concerning SuboxoneRead the Press Release
ABINGDON, Virginia - Indivior Solutions was sentenced to pay $289 million in criminal penalties in connection with a previous guilty plea related to the marketing of the opioid-addiction-treatment drug Suboxone, the Department of Justice announced today.
U.S. District Judge James P. Jones of the Western District of Virginia entered the sentence against Indivior Solutions pursuant to a plea agreement. Together with Indivior’s civil penalties, it will pay $600 million to resolve its civil and criminal liability. Altogether, the investigation and prosecution of Indivior Solutions and its parent companies, Indivior Inc. and Indivior plc, and two former Indivior executives (its CEO and Medical Director) and a resolution with Indivior’s former parent, Reckitt Benckiser Group plc, resulted in recoveries of more than $2 billion.
Suboxone, which contains the powerful opioid buprenorphine, is a drug product approved for use by recovering opioid addicts to avoid or reduce withdrawal symptoms while they undergo treatment for opioid-use disorder. In connection with its guilty plea, Indivior Solutions admitted to making false statements to the Massachusetts Medicaid program (MassHealth) related to the relative safety of Suboxone Film, a version of Suboxone, around children.
“Combating the opioid epidemic is a top priority for the Department of Justice,” said Acting Assistant Attorney General Jeffrey Bossert Clark of the Justice Department’s Civil Division. “We will hold drug manufacturers accountable when they make misrepresentations that could affect consumers’ access to opioid addiction treatments.”
Indivior Solutions, a subsidiary of Indivior Inc., pleaded guilty on July 24, 2020, to a one-count felony criminal information charging false statements relating to health care matters. Indivior Inc. agreed to terms complementing the Indivior Solutions guilty plea and agreed to implement prospective measures that include permanently disbanding Indivior Inc.’s Suboxone sales force and taking steps to prevent promoting Suboxone to health care providers at a high risk of inappropriate prescribing.
On June 30, 2020, Indivior’s former CEO, Shaun Thaxter, pleaded guilty to a one-count misdemeanor information related to Indivior’s false and misleading representations to MassHealth. On October 22, 2020, the court sentenced Thaxter to a six-month term of incarceration and $600,000 in criminal fines and forfeiture.
On August 26, 2020, Indivior’s former medical director, Tim Baxter, pleaded guilty to a one-count misdemeanor information related to Indivior’s false and misleading representations to MassHealth. Baxter’s sentencing hearing is scheduled for December 17, 2020, before Judge Jones in Abingdon, Virginia.
“When a drug manufacturer claims to be part of the solution to the national opioid epidemic, we expect it to make honest representations to government officials, physicians and patients, who have to make crucial treatment decisions,” said Acting United States Attorney Daniel P. Bubar of the Western District of Virginia. “Instead, Indivior made false statements about Suboxone’s safety to increase its sales. I’m proud of the close relationship we have with our federal and state partners that led to today’s important result.”
In its guilty plea, Indivior Solutions, which employed marketing and sales personnel for the Indivior group of companies, admitted that in October 2012 it sought to convince MassHealth to expand Medicaid coverage of Suboxone Film in Massachusetts and sent MassHealth a misleading chart and false data indicating that Suboxone Film had the lowest rate of accidental pediatric exposure (i.e., children taking medication by accident) of all buprenorphine drugs in Massachusetts, when in fact it did not. Indivior Solutions further admitted that sending the false and misleading information occurred in the context of marketing and promotional efforts directed at MassHealth, which were overseen by top executives. MassHealth announced it would provide access to Suboxone Film for patients with children under the age of six shortly after Indivior provided the false and misleading information to agency officials.
“Opioid manufacturers and distributors must be held accountable for their illegal actions in the course of this national crisis that continues to devastate families and communities across the Commonwealth,” said Attorney General Herring. “I want to thank my Medicaid Fraud Unit for their hard work on this important case and I also want to thank our local, state, and federal partners for their help and collaboration. No dollar amount or criminal punishment alone will fix this epidemic, but my team and I remain dedicated to holding these pharmaceutical companies accountable for illegal conduct related to the sales of opioids.”
“The purposefully false assurances of Indivior Solutions leading to potential misuse of potent substances such as Suboxone have only added to the opioid epidemic plaguing our nation,” said Elton Malone, Assistant Inspector General for Investigations with the Office of Inspector General of the U.S. Department of Health and Human Services. “This sentencing, along with law enforcement’s continued focus on this public health crisis, should serve as a warning that large companies cannot rely on their corporate veils to protect them from prosecution.”
“The U.S. Postal Service spends billions of dollars per year in workers compensation-related costs, most of which are legitimate, said Kenneth Cleevely, Special Agent in Charge of the Eastern Field Office for the U.S. Postal Service Office of Inspector General.. “However, when medical providers or companies choose to flout the rules and profit illegally, special agents with the USPS OIG will work with our law enforcement partners to hold them responsible.”
“Pharmaceutical companies that falsely promote their drugs, intended to treat opioid addiction, as superior to other alternatives only worsens the opioid crisis that has touched far too many lives in the U.S. Such actions potentially narrow access to treatment for those who need it,” said Judy McMeekin, Pharm.D., Associate Commissioner for Regulatory Affairs, U.S. Food and Drug Administration. “We will continue to investigate and bring to justice those who devise and participate in these schemes to the detriment of the public health.”
“Suboxone is a vital treatment for patients recovering from opioid addiction, and Indivior thwarted lower-cost generic alternatives to maintain its lucrative monopoly of the drug,” said Gail Levine, a Deputy Director of the FTC’s Bureau of Competition. “Working closely with the DOJ, the FTC was able to secure compensation for patients harmed by Indivior’s anticompetitive scheme and ensure that the company does not engage in similar conduct in the future.”
The criminal case against Indivior was prosecuted by Randy Ramseyer of the U.S. Attorney’s Office for the Western District of Virginia; Albert P. Mayer and Carol Wallack of the Department of Justice Civil Division’s Commercial Litigation Branch; Charles J. Biro and Matthew J. Lash of the Department of Justice Civil Division’s Consumer Protection Branch; Kristin L. Gray, Joseph S. Hall and Janine M. Myatt of the Virginia Medicaid Fraud Control Unit of the Office of the Attorney General; and Garth W. Huston of the Federal Trade Commission. This matter was investigated by the Virginia Attorney General’s Medicaid Fraud Control Unit; FDA’s Office of Criminal Investigation; the United States Postal Service Office of Inspector General; and the Department of Health and Human Services Office of Inspector General.
The joint effort advances the goals of the Department’s Prescription Interdiction & Litigation (PIL) Task Force to deploy all available criminal, civil, and regulatory tools to hold opioid manufacturers accountable for unlawful practices and to ensure that prescription opioid products are marketed truthfully.
For more information about the U.S. Attorney’s Office for the Western District of Virginia, visit its website at https://www.justice.gov/usao-wdva. Additional information about the Consumer Protection Branch and the Civil Fraud Section and their enforcement efforts may be found at http://www.justice.gov/civil/consumer-protection-branch and http://www. justice.gov/civil/fraud-section. Tips and complaints from all sources about potential fraud, waste, abuse, and mismanagement, can be reported to the Department of Health and Human Services Office of Inspector General at 800-HHS-TIPS (800-447-8477). To report fraud or other criminal activity involving the Postal Service, contact USPS OIG special agents at www.uspsoig.gov or 888-USPS-OIG.
Stacey Pomrenke, Kurt Pomrenke Plead Guilty to Conspiracy to Defraud the United StatesRead the Press Release
ABINGDON, Va. – Stacey Pomrenke and her husband Kurt Pomrenke pleaded guilty today in U.S. District Court in Abingdon to conspiring to defraud the United States while Stacey Pomrenke was on pre-trial release. Acting United States Attorney Daniel P. Bubar, David W. Archey, Special Agent in Charge of the FBI’s Richmond Division, and Kelly R. Jackson, Special Agent in Charge of Internal Revenue Service-Criminal Investigations, made the announcement today.
Stacey Pomrenke, 48, of Abingdon, Va., waived her right to be indicted and pleaded guilty today to a one-count Information charging her with conspiring to defraud the United States while on pre-trial release. Kurt Pomrenke, 67, of Abingdon, Va., waived his right to be indicted and pleaded guilty to a one-count Information charging him with conspiring to defraud the United States.
“Residential Drug Abuse Programs are impactful programs designed to aid inmates dealing with actual, documented addiction disorders. These programs are not a means to simply shorten the sentences of defendants looking to get out of jail early,” Acting United States Attorney Bubar said today. “I am thankful to the FBI and IRS-CI for bringing these defendants to justice and working to maintain the important mission of the RDAP programs in our federal penitentiaries.”
“The defendant's actions undermine the purpose of an important program intended for people who need help. We will investigate and refer for prosecution any abuses of these federal programs,” Special Agent in Charge Archey said today. “We are grateful for the partnership of the United States Attorney's Office (WDVA) and the Internal Revenue Service's Criminal Investigations Division on this investigation.”
“Pomrenke continued her pattern of fraudulent behavior. Rather than serving her time sentenced, she and her husband schemed to shorten her incarceration by defrauding programs meant for the betterment of inmates battling addictions,” said IRS-CI Special Agent in Charge Kelly R. Jackson. “Further, they encouraged others to engage in the same scheme which deteriorates the effectiveness of these programs from those who truly need it.”
According to court documents, on October 27, 2015, Stacey Pomrenke was arrested based upon the return of an indictment alleging multiple violations of federal law resulting from the federal investigation of Bristol Virginia Utilities Authority. When interviewed by a probation officer for the United States District Court for the Western District of Virginia, Stacey Pomrenke denied any history of substance abuse. Following her conviction for multiple federal offenses, Stacey Pomrenke was again interviewed by probation officers for the United States District Court. During this interview, Stacey Pomrenke again denied any history of substance abuse and stated she was a “social drinker.” Stacey Pomrenke remained on release until September 26, 2016.
On August 11, 2016, Stacey Pomrenke was sentenced to 34 months in federal prison and ordered to self-report to the Bureau of Prisons facility at Alderson, West Virginia. The Bureau of Prisons operates an intensive drug and alcohol abuse treatment program known as the Residential Drug Abuse Program (RDAP). In order to gain entry to RDAP, a federal inmate must meet certain criteria, including having a diagnosable and verifiable drug or alcohol abuse disorder. By successfully completing RDAP, an inmate can qualify for early release from custody.
Beginning on or about August 19, 2016, Stacey and Kurt Pomrenke were solicited by and began corresponding with Tony Pham a.k.a. Anh Nguyen, the operator of RDAP Law Consultants LLC, a business that solicited prospective and current federal inmates through telephone calls and emails offering assistance in applying for, and qualifying for, RDAP. For a fee, RDAP Law Consultants coached and advised prospective and current inmates on how to gain admission to RDAP by lying to the Bureau of Prisons about the existence, duration, and extent of a qualifying substance abuse disorder.
On August 22, 2016, Stacey Pomrenke entered into a consulting agreement with RDAP Law Consultants, agreeing to pay $7,500. The agreement was revised by Kurt Pomrenke and signed by Stacey Pomrenke and Anh Nguyen. Shortly after entering into the agreement, Nguyen began coaching Stacey and Kurt Pomrenke regarding the steps they would need to take to defraud the Bureau of Prisons to secure Stacey Pomrenke’s admission to RDAP.
In one of the first discussions with Nguyen, Stacey and Kurt Pomrenke made it clear that Stacey Pomrenke only drank a glass or two of wine a week and did not have an alcohol abuse problem or addiction.
Based on the advice of Nguyen, on August 31, 2016, Stacey Pomrenke made an appointment with her physician and falsely stated that over the last three years she had been drinking more and going from one glass of wine up to three glasses of wine at night. As a result of the false statements, Stacey Pomrenke’s physician prescribed her Ativan to prevent physical complications from alcohol withdrawal when she reported to prison.
On September 18, 2016, Nguyen sent an email to Stacey Pomrenke with the subject line “Show Withdrawal Symptoms.” In the email, Nguyen detailed a series of withdrawal symptoms Stacey Pomrenke should show within the first 24 hours of reporting to prison.
Between August 31, 2016 and September 25, 2016, Nguyen continued to work with Stacey Pomrenke and Kurt Pomrenke through telephone calls and emails to develop a false, but plausible story of alcohol abuse and the need for treatment.
On September 26, 2016, Stacey and Kurt Pomrenke traveled to the Bureau of Prisons facility at Alderson, West Virginia. When Stacey Pomrenke reported to the facility, she was intoxicated and under the influence of alcohol. During her initial health screen, Stacey Pomrenke told officials she “had been drinking at least a bottle of wine daily since 2008.” At the time she made the statement, Stacey Pomrenke knew that statement to be false.
As a result of her false statements and fraudulent claims of alcohol abuse and addiction, Stacey Pomrenke was admitted to RDAP on November 2, 2016 and began the program on December 2, 2016.
As a result of Stacey Pomrenke successfully being admitted to the RDAP program, Kurt Pomrenke agreed to discuss Nguyen’s assistance with other “high profile potential clients” of RDAP Law Consultants, LLC.
Stacey Pomrenke completed RDAP on or about September 22, 2017. Because she completed RDAP, Stacey Pomrenke’s term of imprisonment was reduced by seven months and one day.
The investigation of the case was conducted by the Federal Bureau of Investigation and Internal Revenue Service-Criminal Investigations. Assistant United States Attorneys Zachary T. Lee and Lena L. Busscher are prosecuting the case for the United States.
Wythe County Man Pleads Guilty to Drug and Firearms ChargesRead the Press Release
ABINGDON, Va. – Joseph Miles, a Wythe County, Virginia man who conspired to distribute oxycodone and illegally possessed a firearm, pleaded guilty today in U.S. District Court in Abingdon to a pair of federal charges, Acting United States Attorney Daniel P. Bubar announced.
Miles, 34, pleaded guilty to one count of conspiracy to distribute oxycodone and one count of illegal possession of a firearm while being an unlawful user of a controlled substance. At sentencing, Miles faces up to twenty years in prison and/or a fine of up to $1 million.
According to court documents, from July 2016 through February 2019, Miles, and others, conspired to distribute oxycodone for himself and his father by having Dr. David Lelio write prescriptions in his name that had no legitimate medical purpose and were outside the scope of professional practice, with an agreement that some of the oxycodone pills would be shared with Dr. Lelio’s wife.
Evidence also showed that on February 15, 2019, Miles, while being an unlawful user of an addictive controlled substance, including oxycodone, possessed a firearm.
The investigation of the case was conducted by the Wythe County Sheriff’s Office and Virginia State Police. Assistant United States Attorney Lena Busscher is prosecuting the case for the United States.
Wise Psychiatrist Pleads Guilty to Federal Health Care Fraud ChargeRead the Press Release
ABINGDON, Va. – Uzma Ehtesham, a Wise, Virginia psychiatrist who defrauded Virginia Medicaid and Medicare by fraudulently billing these programs for services, pleaded guilty today to federal health care fraud. Acting United States Attorney Daniel P. Bubar and Virginia Attorney General Mark Herring announced today.
Ehtesham, 52, waived her right to be indicted and pleaded guilty today to a one-count Information charging her with health care fraud.
“Through Ehtesham’s fraud scheme, she stole funds from Virginia Medicaid and Medicare, which provide an essential safety net for our most vulnerable residents. When someone defrauds that system, the Department of Justice, and our partners with the Virginia Attorney General’s Office will hold them accountable,” United States Attorney Bubar said today. “I am thankful to the many local, state, and federal partners who assisted in this complex investigation.”
“Health care fraud not only undermines an important system that provides critical medical services to tens of thousands of Virginias but it also wastes hundreds of thousands of taxpayer dollars,” said Virginia Attorney General Mark Herring. “I want to thank my Medicaid Fraud Control Unit for their continued hard work to hold health care providers accountable when they defraud the system and we will continue to work with our local, state, and federal partners to pursue these cases.”
According to court documents, from 2010 to 2016, Ehtesham devised a scheme to defraud Virginia Medicaid and Medicare by billing for individual office visits when she often saw patients in groups of two to four patients per visit.
In addition, Ehtesham billed for extensive, time consuming, and costly office visits when she was conducting brief office visits consisting of five to six minutes and billed for services not supported by required documentation.
During the time of the investigation, Ehtesham was seeing in excess of 50 patients per day. Often, prescriptions were written in advance of a scheduled visit by the office staff, placed in patient files, and signed by Ehtesham during the brief patient visit. At times, Ehtesham did not employ any medically certified staff to compile patient’s vital statistics at each visit. Instead, vital statistics were copied from previous patient visits to each new visit information sheet at Ehtesham’s direction.
As part of the scheme to defraud, Ehtesham received $500,000 in fraudulently obtained processed from Virginia Medicare and Medicaid.
As part of the plea agreement, Ehtesham is required to pay a total of $1,000,000, consisting of restitution, fines, and forfeiture.
A sentencing hearing has been scheduled for January 28, 2021, at 2:30 p.m.
The investigation of the case was conducted by the Virginia Office of the Attorney General’s Medicaid Fraud Control Unit, Norton Police Department, Southwest Virginia Drug Task Force, and Virginia State Police. The following agencies assisted with the execution of a search warrant during the investigation: Big Stone Gap Police Department, Virginia Alcohol and Beverage Control Special Investigations Unit, Wise County Commonwealth’s Attorney’s Office, Wise County Sheriff’s Office, and Wise Police Department. Special Assistant United States Attorney Suzanne Kerney-Quillen, a Virginia Assistant Attorney General assigned to the Major Crimes and Emerging Threat Unit, is prosecuting the case for the United States. Virginia Assistant Attorney Generals and Special Assistant United States Attorneys Janine Myatt and Joe Hall also assisted with the investigation.
Owner of Tennessee Drug Screening Lab Sentenced to Probation, Home Detention, and Community Service on Federal Health Care Fraud ChargeRead the Press Release
ABINGDON, Va. – Regan Dube, who along with her husband Michael Dube formerly owned and operated American Toxicology Labs, was sentenced this week in U.S. District Court in Abingdon, Virginia to three years of probation, four months of home detention, and 400 hours of community service. Acting United States Attorney Daniel P. Bubar and Virginia Attorney General Mark G. Herring made the announcement today.
The Dubes, of Johnson City Tenn., previously pleaded guilty in U.S. District Court in Abingdon. Regan Dube pleaded guilty to one felony count of health care fraud in the Western District of Virginia. Michael Dube pleaded guilty to two felony counts of health care fraud (one filed in the Western District of Virginia and one filed in the Eastern District of Kentucky). Michael Dube is scheduled to be sentenced February 11, 2021.
“Regan and Michael Dube repeatedly defrauded the health care system for their own greed,” United States Attorney Bubar said today. “I am grateful to our state and federal partners for quickly working together to investigate this case and for their continued efforts to remove fraud from the health care system.”
“Individuals who take advantage of the health care system to line their own pockets should be held accountable and this sentencing sends a message that this will not be tolerated in Virginia,” said Attorney General Herring. “I want to thank my Medicaid Fraud Control Unit for all of their hard work on this and I also want to thank our local, state, and federal partners for their continued collaboration on important cases like this one.”
According to court documents, in March 2011, Michael Dube pleaded guilty in the Eastern District of Tennessee to one count of intentionally omitting information from reports as required under the Controlled Substances Act. As a result of his conviction, the Department of Health and Human Services [HHS] informed Dube in a letter dated June 29, 2012, that he was excluded from participating in any federal health care program.
Nonetheless, in May 2013, Michael and Regan Dube established American Toxicology Labs [ATL] in Johnson City, Tennessee, with Regan Dube serving as the company’s registered agent, and using the couple’s home address as the principal office and mailing address. ATL then applied to participate in Medicare and Medicaid. On the applications, Regan Dube was listed as the owner of ATL, and Michael Dube’s name and participation in ATL was omitted.
ATL conducted urine screens for various entities who represented themselves to be opioid treatment facilities. Between May 1, 2014, and January 31, 2020, Medicare, Virginia Medicaid, Kentucky Medicaid and TennCare made payments to ATL that totaled approximately $8.5 million. During this time, Michael Dube made employment decisions, negotiated business arrangements with providers, and otherwise participated in the management of ATL.
In addition, Michael Dube also received kickback payments from third parties for referring individuals to those third parties for services for which payment was made (in whole or in part) by federal health care programs. These payments were deposited in Michael and Regan Dube’s personal checking account in a total amount of $441,646.
As a result of their guilty pleas, Regan and Michael Dube will pay a total of $9,015,046, plus interest, to be divided between special assessments, fines, restitution, and forfeiture. They will have to repay all of the money they received from Medicare and Medicaid programs.
The investigation of the case was conducted by the Food and Drug Administration Office of Criminal Investigations, Virginia Medicaid Fraud Control Unit of the Office of the Attorney General, the Department of Health and Human Services Office of the Inspector General, the Drug Enforcement Administration, the Virginia State Police, and Internal Revenue Service – Criminal Investigations, and the Tennessee Bureau of Investigation. The prosecution of the case was conducted by Special Assistant United States Attorney and Assistant Attorney General Janine Myatt, and Assistant United States Attorneys Krista Frith, Randy Ramseyer, and Whit Pierce of the United States Attorneys’ Offices for the Western District of Virginia. The United States Attorney’s Office for the Eastern District of Kentucky and the United States Attorney’s Office for the Eastern District of Tennessee provided valuable assistance.
Big Stone Gap Man Sentenced to 120 Months for Role in Drug ConspiracyRead the Press Release
ABINGDON, Va.- Sammy McMahan, the last of the 21 co-conspirators who distributed methamphetamine in Wise and Lee counties in Southwest Virginia, was sentenced today to 120 months in federal prison for his role in the scheme. Acting United States Attorney Daniel P. Bubar made the announcement today following McMahan’s sentencing.
McMahan, 54, previously pleaded guilty to one count of conspiring to distribute and possess with the intent to distribute 500 grams or more of methamphetamine.
“Methamphetamine continues to ravage Virginia and those who traffic in it must be held accountable for harming our communities,” United States Attorney Bubar said today. “I am thankful to the ATF and the Southwest Virginia Drug Task Force for bringing these 21 defendants to justice.”
According to court documents, McMahan was one of 21 defendants charged in a May 29, 2019 indictment who conspired to distribute methamphetamine throughout Wise and Lee counties in Southwest Virginia. The 21 defendants were sentenced to a total of 310 years and one month in prison.
The investigation of the case was conducted by the Bureau of Alcohol, Tobacco, Firearms, and Explosives and the Southwest Virginia Drug Task Force, which is comprised of the Scott County Sheriff’s Office, Lee County Sheriff’s Office, Wise County Sheriff’s Office, Dickenson County Sheriff’s Office, Norton Police Department, Big Stone Gap Police Department, and the Virginia State Police. Assistant United States Attorneys Lena Busscher, Jonathan Jones, and Anthony P. Giorno prosecuted the case for the United States.
U.S. Attorney Daniel Bubar Announces $488,595 to the City of Danville to Combat Violent Crime through Anti-Gang Programs for YouthRead the Press Release
DANVILLE, Va.- Acting United States Attorney Daniel P. Bubar today announced more than $488,000 in Department of Justice grants to fight and prevent violent crime in the Western District of Virginia. Specifically, this grant has been awarded to the City of Danville as a part of its gang prevention, intervention and suppression efforts. The grants, awarded by the Department’s Office of Justice Programs, are part of more than $458 million in funding to support state, local and tribal law enforcement efforts to combat violent crime in jurisdictions across the United States.
“One of the fundamental missions of government is to protect its citizens and safeguard the rule of law,” said Attorney General William P. Barr. “The Department of Justice will continue to meet this critical responsibility by doing everything within its power to help our state, local and tribal law enforcement and criminal justice partners fight crime and deliver justice on behalf of all Americans.”
The funding announced today continues the Trump Administration’s commitment to reducing crime and improving public safety. In the two years before President Trump took office, America had experienced a precipitous rise in crime, particularly in serious violent crime. The President elevated community safety to the top of his domestic agenda and crime rates have fallen steadily since. Recent data from the FBI and the Bureau of Justice Statistics for 2019 show a drop in crime and serious victimization for the third year in a row. However, a number of cities are experiencing conspicuous countertrends. Today’s grants will bolster crime-fighting efforts in those communities and in jurisdictions throughout the United States.
“Violence has become a tragic reality in too many of America’s communities,” said OJP Principal Deputy Assistant Attorney General Katharine T. Sullivan. “Working with officials across the Trump Administration and with thousands of state, local and tribal crime-fighters across the country, the Department of Justice is leading the response to this urgent challenge. OJP is pleased to make these resources available to support innovative, tested and diverse solutions to violent crime.”
“We cannot simply prosecute our way out of the gang violence problem that persists in Danville and other communities in the Western District of Virginia,” United States Attorney Bubar said today. “These funds will allow the City of Danville to provide critical programming for young people who may be tempted to enter the destructive gang lifestyle. Danville has made great strides in reducing violent crime brought on by gangs and I hope this grant helps expand that important work.”
Of the more than $458 million awarded nationwide, OJP’s Bureau of Justice Assistance made 1,094 grants totaling more than $369 million to support a broad range of initiatives, including efforts in enforcement, prosecution, adjudication, detention and rehabilitation.
OJP’s Office of Juvenile Justice and Delinquency Prevention awarded more than $10 million across 24 jurisdictions to intervene in and suppress youth gang activity as well as $1 million to the Institute for Intergovernmental Research to continue operating the National Gang Center. OJP’s National Institute of Justice awarded $7.8 million to fund research and evaluation on the prevention and reduction of violent crime. OJP’s Bureau of Justice Statistics provided more than $69 million to strengthen the quality and accessibility of records within the National Instant Criminal Background Check System.
The following organizations received funding:
• The City of Danville received $488,595 in OJJDP Gang Prevention, Intervention, and Suppression funding. These programs providing funding for communities to develop youth gang intervention and suppression programs that aim to reduce violence.
For a complete list of individual grant programs, award amounts, and jurisdictions that will receive funding, click here. More information about OJP and its components can be found at www.ojp.gov.
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Roanoke Woman Pleads Guilty to Failing to Disclose Ownership of Show Ponies as Part of Bankruptcy ProceedingsRead the Press Release
ROANOKE, Va. – A Roanoke woman, who failed to disclose her family’s ownership stakes in a series of show ponies as part a bankruptcy proceeding, pleaded guilty earlier this week in U.S. District Court. Acting United States Attorney Daniel P. Bubar made the announcement today.
Laura Wright, 52, pleaded guilty Tuesday to concealing property in relation to a bankruptcy proceeding. At sentencing, Wright faces a possible sentence of up to five years in prison and/or a fine of up to $250,000.
According to court documents, on September 2, 2014, Laura Wright, and her husband Stacey Wright, filed a voluntary bankruptcy petition in the United States Bankruptcy Court for the Western District of Virginia in the Roanoke Division. At the time of the filing, Laura Wright was an attorney with prior bankruptcy experience and a member of the Virginia State Bar.
Prior to filing bankruptcy, and continuing throughout the bankruptcy proceedings, the Wrights incurred substantial expenses associated with the sport of pony jumping, an activity their then-minor child was participating in, and they bought, sold, and maintained ownership interests in several show ponies.
For example, approximately six weeks before filing bankruptcy, and after retaining bankruptcy counsel and completing a credit counseling course in anticipation of their bankruptcy filing, Laura Wright sold two show ponies for approximately $15,000. In August 2014, Laura Wright and others traveled to Maryland where Laura Wright purchased a show pony for $18,000. Laura Wright later bought and sold additional show ponies while the bankruptcy proceeding was pending. Although required to do so, the Wrights failed to disclose to the bankruptcy court any ownership interest in or costs associated with show ponies.
In the course of the bankruptcy proceeding, Laura Wright falsely testified under oath concerning her ownership interest in various show ponies, as well as the source of funds used to purchase the $18,000 show pony in August 2014, just prior to the Wrights’ bankruptcy filing. She further provided a notarized affidavit to the bankruptcy trustee, knowing the affidavit to be materially false.
The matter was referred to the United States Attorney by the United States Trustee. The investigation of the case was conducted by the Federal Bureau of Investigation with substantial assistance from the Roanoke Office of the United States Trustee Program. Assistant United States Attorney Kristin B. Johnson and Anthony P. Giorno are prosecuting the case for the United States.
Former Scott County Sheriff’s Deputy Sentenced to Prison on Embezzlement and Wire Fraud ChargesRead the Press Release
ABINGDON, Va.- Jeffery Scott Spicer, a former Scott County Sheriff’s Deputy, who embezzled more than $20,000 of unworked overtime payments from federal grant money allocated to the Sheriff’s Office over the course of three years, and solicited sex and nude photographs from women placed on home electronic monitoring by state court, was sentenced today to 24 months in federal prison. Acting United States Attorney Daniel P. Bubar made the announcement.
Spicer, 52, of Gate City, Va., pleaded guilty in November 2019 to one count of embezzlement and one count of wire fraud.
“Citizens have to be able to trust public officials, but when officers violate that trust, it threatens the rule of law,” Acting United States Attorney Bubar said today. “Today’s sentence shows that corruption simply will not be tolerated. I am grateful for the hard work put into this case by the FBI and the Virginia State Police, as we seek to root out corruption at every level.”
According to court records, between 2014 and 2017, while working as a deputy with the Scott County Sheriff’s Office, Spicer submitted approximately 47 fraudulent requests to be paid for 765 hours of overtime and was, in fact, paid a total of $21,346 in overtime payments to which he was not entitled. These payments were made to Spicer by the Scott County Sheriff’s Office out of funds allotted to certain grants including an asset forfeiture grant and Selective Enforcement DMV grant.
In addition, Spicer owned and operated a company known as Spicewater Home Electronic Monitoring, or Spicewater. Through this company, the defendant was tasked with providing home electronic monitoring services to individuals as ordered by the Scott County, Virginia, Circuit Court. As the owner and operator of Spicewater, Spicer was responsible for ensuring that the individuals ordered to be on home electronic monitoring were in fact being electronically monitored and complying with the terms of electronic monitoring ordered by the Scott County Circuit Court.
Mr. Spicer’s company contracted with another business that actually provided the electronic monitoring services, but the individuals being monitored paid Spicer for the monitoring services. From approximately March 20, 2017, through July 2017, the other business contracted by Spicewater stopped providing home electronic monitoring services. Spicer, however, continued to receive $13,797 in payments from the individuals for the monitoring services even though no such monitoring services were actually being performed. Additionally, Spicer solicited nude photographs via text message and sex from some of the females placed on home electronic monitoring, in exchange for not notifying the court of their non-compliance with the conditions of home electronic monitoring imposed by the court.
Further, Spicer devised a scheme to defraud the Department of Criminal Justice Services. As part of his scheme, Spicer logged onto the Department of Criminal Justice Services’ website with individual law enforcement officer’s usernames and passwords, completed online courses, took online tests on the law enforcement officers’ behalves, and then certified that those individual law enforcement officers had completed the courses when, in fact, they had not. Spicer received monetary payments in exchange for completing the online training courses for some of the law enforcement officers.
The investigation of the case was conducted by the Federal Bureau of Investigation and the Virginia State Police. Assistant United States Attorney Lena Busscher prosecuted the case for the United States.
Acting United States Attorney Bubar Announces over $3.4 Million in Justice Department Grants to Combat Addiction Crisis in Western DistrictRead the Press Release
ROANOKE, Va. – Acting United States Attorney Daniel P. Bubar today announced awards of more than $3.4 million in Department of Justice grants to fight drug abuse and addiction in the Western District of Virginia. The grants were awarded by the Department’s Office of Justice Programs (OJP) and are part of more than $341 million going to communities nationwide.
“The addiction crisis has taken an enormous toll on America’s families and communities, eroding public health, threatening public safety and claiming tens of thousands of lives year after year,” said Attorney General William P. Barr. “Through comprehensive measures taken by this administration, we have been able to curtail the opioid epidemic, but new and powerful drugs are presenting exceptional challenges that we must be prepared to meet. The Justice Department’s substantial investments in enforcement, response, and treatment will help us overcome these challenges and work towards freeing Americans from abuse and addiction.”
Illegal drugs and illicit drug use have claimed the lives of nearly 400,000 Americans since the turn of the century. Powerful synthetic opioids like fentanyl are exacting an enormous toll on families and communities, and an emergence in the use of methamphetamines and other psychostimulants is drawing drug traffickers and driving up overdose rates. Three years ago, President Trump declared a Public Health Emergency and initiated a whole-of-government approach dedicated to ending this national tragedy. The Department of Justice has invested unprecedented levels of funding in combating the addiction crisis. The awards announced today build on those earlier investments.
“If we hope to defeat an enemy as powerful, persistent and adaptable as illicit drugs, we must be at least as determined and versatile, focusing our ingenuity and resources on curbing abuse and fighting addiction,” said OJP’s Principal Deputy Assistant Attorney General Katharine T. Sullivan. “These grants will enable criminal justice officials and substance abuse, mental health and other medical professionals to pool their assets and bring the full weight of our public safety and treatment systems down on this epidemic that has already caused so much harm.”
“The crisis of addiction—particularly caused by opioids—has effected Virginians of all walks of life. Addiction doesn’t care about race, religion, socioeconomic status, or age,” Acting U.S. Attorney Bubar said today. “This grant money will ensure that those groups providing recovery services for the brave men and women fighting addiction will have the funds they need to continue that fight.”
Funding is made available through OJP’s Bureau of Justice Assistance, National Institute of Justice, Office for Victims of Crime and Office of Juvenile Justice and Delinquency Prevention.
The following organizations received funding:
- Augusta County $600,000
- Page County $500,000
- Smyth County Board of Supervisors $499,776
- Fluvanna County $499,876
- City of Charlottesville $827,973
- Total Action Against Poverty in the Roanoke Valley $474,820
For a complete list of individual grant programs, award amounts, and jurisdictions that will receive funding, click here. More information about OJP and its components can be found at www.ojp.gov.
The year 2020 marks the 150th anniversary of the Department of Justice. Learn more about the history of our agency at www.Justice.gov/Celebrating150Years
Roanoke Man Sentenced to 132 Months for Distributing HeroinRead the Press Release
ROANOKE, Va.- James Robert Banks, a Roanoke man responsible for distributing between one and three kilograms of heroin throughout the Roanoke area in 2019, was sentenced yesterday in U.S. District Court in Roanoke to 132 months in federal prison following his conviction earlier this year on federal drug distribution charges. Acting United States Attorney Daniel P. Bubar and Jesse Fong, Special Agent in Charge of the Drug Enforcement Administration’s Washington Field Office made the announcement today.
Banks, 32, pleaded guilty in June 2020 to one count of possession with the intent to distribute heroin.
“Heroin abuse continues to plague our communities in a cycle of painful abuse, and those that distribute it must face justice,” Acting United States Attorney Bubar said today. “Thanks to the work of the DEA and the members agencies of the Roanoke-area HIDTA on this investigation, there is less heroin on the streets of Roanoke today.”
Criminal charges against Banks arose from his sale of heroin on specific dates in August and November 2019. According to court documents, law enforcement agents arranged for the controlled purchase of approximately $6,000 worth of heroin from Banks on two occasions. In both instances, Banks sold the heroin from a commercial auto repair facility on Centre Avenue in Roanoke, owned by his father. In connection with his guilty plea to distribution charges, Banks has acknowledged distributing between one and three kilograms of heroin in the Roanoke area in 2019.
Investigation of this case was conducted by the Drug Enforcement Administration and member agencies of the High Intensity Drug Trafficking Area Task Force (HIDTA), including the City of Roanoke Police Department, Virginia State Police, Roanoke County Police Department, and Salem Police Department. Additional support was provided by the Federal Bureau of Investigation. Acting United States Attorney Daniel P. Bubar and Assistant United States Attorney Kari Munro prosecuted the case for the United States.
This case was brought as part of Project Safe Neighborhoods (PSN), a centerpiece of the Department of Justice’s violent crime reduction efforts. Through PSN, a broad spectrum of law enforcement groups use evidence-based techniques to identify and address violent and related crime in local communities with the aim of focusing law enforcement efforts on the most violent offenders. As part of this strategy, the PSN initiative involves partnerships with locally-based prevention and reentry programs for lasting reductions in crime.
Lebanon, Virginia Man Pleads Guilty to Illegal Possession of a FirearmRead the Press Release
ABINGDON, Virginia - Donald Ray Clark, a Lebanon, Virginia man pleaded guilty today in U.S. District Court in Abingdon to illegal possession of a firearm by a previously convicted felon. Acting United States Attorney Daniel P. Bubar and Ashan M. Benedict, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) Washington Field Division made the announcement today.
“Keeping firearms out of felons’ hands is critical to reducing violence and keeping our communities safe, as evidenced by this case,” Acting United States Attorney Bubar said today. “I commend the ATF, Russell County Sheriff’s Office, and Virginia State Police for their work in bringing Mr. Clark to justice.”
According to court documents, on December 17, 2018, while investigating a homicide on Pittston Road in Lebanon, officers heard shots fired from a next-door residence. Clark was found inside the home with a .22 caliber revolver and several live and spent rounds of .22 caliber ammunition. The side door of his residence had bullet holes visible in the glass from where shots had been fired through the door.
At the time Clark possessed the firearm and ammunition, he knowingly had been convicted of multiple felonies. Clark also was convicted of second-degree murder and other state charges related to the incidents on December 17, 2018. The firearm associated with Clark’s federal charge was unrelated to the state murder conviction.
Clark, 57, will be sentenced for his firearm charge on January 12, 2021. At sentencing, Clark faces up to 10 years in federal prison.
The investigation of the case was conducted by the Bureau of Alcohol, Tobacco, Firearms, and Explosives, the Russell County Sheriff’s Office, and Virginia State Police. Assistant United States Attorney Lena Busscher is prosecuting the case for the United States.
Acting U.S. Attorney Daniel Bubar, DEA ASAC Christopher Goumenis Announce 19th National Prescription Drug Take Back DayRead the Press Release
ROANOKE, Virginia - Acting United States Attorney for the Western District of Virginia, Daniel P. Bubar, and U.S. Drug Enforcement Administration Assistant Special Agent (DEA) in Charge (ASAC) of the Richmond District Office, Christopher Goumenis, announced today that the U.S. Drug Enforcement Administration is holding its 19th National Prescription Drug Take Back Day on Saturday, October 24, 2020, at locations throughout the Western District of District of Virginia. The nationwide event aims to provide a safe, convenient, and responsible means of disposing of prescription drugs and educating the general public about the potential for abuse of medications.
“When unused medication sits in a cabinet, it is ripe for misuse or theft, contributing to addiction and overdoses,” Acting United States Attorney Bubar said today. “I applaud the efforts of DEA in providing our communities a safe mechanism to dispose of these potentially harmful narcotics, and encourage anyone with old medication to participate in this important day.”
“The misuse of prescription drugs contributes greatly to the drug problems and issues we are seeing in Western Virginia and across the Commonwealth. Disposing of prescription drugs in a controlled environment is an excellent way to ensure they are not abused, misused, and possible to saving lives,” ASAC Goumenis said. “This Saturday is a great opportunity for our Western Virginia community members to help ensure they are not contributing to the opioid crisis and keep their families safe.”
Rates of prescription drug abuse in the United States are alarmingly high, as are the number of accidental poisonings and overdoses due to these drugs. Studies show that a majority of abused prescription drugs are obtained from family and friends, including from the home medicine cabinet.
Collection sites will adhere to local COVID-19 guidelines and regulations in order to maintain the safety of all participants and local law enforcement.
Given the ongoing COVID-19 public health emergency, DEA wants to ensure that the public is aware of other ways they can dispose of unwanted prescription drugs without having to leave their homes. Both the U.S. Food and Drug Administration and the Environmental Protection Agency have tips on how to safely dispose of drugs at home.
In addition to DEA’s National Prescription Drug Take Back Day, prescription drugs can be disposed of at any of the 11,000 DEA authorized collectors at any time throughout the year. And at many local law enforcement agency sites.
DEA and our state and local partners throughout the area will collect tablets, capsules, patches, and other solid forms. DEA will also accept vape pens or other e-cigarette devices from individual consumers, only after the batteries are removed from the devices. If the battery cannot be removed, individual consumers can check with large electronic chain stores who may accept the vape pen or e-cigarette devices for proper disposal. Liquids, including intravenous solutions, syringes and other sharps, and illegal drugs cannot be dropped off. This service is free and anonymous, no questions asked.
For more information on DEA’s National Prescription Drug Take Back Day, and to find a collection site in Virginia, visit www.deatakeback.com.
Suboxone Manufacturer Indivior's Former Chief Executive Officer Sentenced to Jail Time in Connection with Drug Safety ClaimsRead the Press Release
ABINGDON, VIRGINIA – Shaun Thaxter, the former chief executive officer of Indivior PLC, was sentenced today in U.S. District Court in Abingdon to 6 months in federal prison. He was also ordered to pay a fine of $100,000 and forfeit $500,000. Thaxter pleaded guilty to a one-count misdemeanor information on June 30, 2020 for his role in causing the introduction into interstate commerce of misbranded shipments of the opioid drug Suboxone Film, a violation of the Federal Food, Drug, and Cosmetic Act. Acting United States Attorney Daniel P. Bubar announced the sentence today.
Thaxter served as Indivior’s top executive from 2009 until shortly before his guilty plea. This includes the time period prior to December 2014 when Indivior was known as Reckitt Benckiser Pharmaceuticals. When Indivior was known as Reckitt Benckiser Pharmaceuticals, it was a subsidiary of British conglomerate Reckitt Benckiser Group (RB Group). RB Group paid $1.4 billion in 2019 to resolve its liability to the United States related to the marketing of Suboxone. On July 24, 2020, an Indivior subsidiary called Indivior Solutions pleaded guilty to a one-count felony information for false statements related to health care matters, and together with Indivior, agreed to pay an additional $600 million to resolve liability to the United States related to the marketing of Suboxone. On August 26, 2020, Indivior’s former medical director, Timothy Baxter, pleaded guilty to a one-count misdemeanor information for a violation of the Federal Food, Drug, and Cosmetic Act related to the marketing of Suboxone. Indivior Solutions and Baxter have not yet been sentenced.
Suboxone Film is a drug product approved for use by recovering opioid addicts to avoid or reduce withdrawal symptoms while they undergo treatment. Suboxone’s active ingredient, buprenorphine, is a powerful and addictive opioid. Thaxter was charged in connection with Indivior’s misrepresentations regarding the safety of Suboxone Film.
“While Thaxter served for years as Indivior’s chief executive, he was in a position to ensure that doctors, patients, and insurers were dealt with honestly,” Acting United States Attorney Bubar said today. “Instead, Thaxter failed to prevent efforts to build profits through misleading safety claims, which led to millions of dollars in ill-gotten gains for Indivior. As the Court recognized today, this sentence should serve as a deterrence to other pharmaceutical executives. Today’s sentencing is also the product of years of work and could not have happened without the close federal and state law enforcement partnerships, for which we are grateful.”
“Families and communities across the Commonwealth continue to feel the devastating effects of the opioid epidemic,” said Virginia Attorney General Mark Herring. “Opioid manufacturers and their executive leadership must be held accountable for taking advantage of this country’s opioid crisis and putting profits over people. I want to thank my Medicaid Fraud Control Unit for their terrific work on this case as well as our local, state, and federal partners for their continued partnership on these cases.”
“Misrepresentations made about the drug, while Thaxter ran the company, misled MassHealth about the potential risk of accidental opioid exposure. It is inexcusable to willfully disregard requirements that treatment medications be prescribed carefully in order to protect patient health and safety,” said Elton Malone, Assistant Inspector General for Investigations with the Office of Inspector General of the U.S. Department of Health and Human Services. “With our law enforcement partners, we will continue investigating and bringing to justice those placing profits over patients in government healthcare programs.”
“Opioid addiction is a significant public health crisis and addressing opioid abuse continues to be one of FDA’s top priorities. Misleading information about relative product benefits undermines efforts to provide affordable treatment to those suffering from opioid addiction,” said Judy McMeekin, Pharm.D., Associate Commissioner for Regulatory Affairs, U.S. Food and Drug Administration. “We will continue to investigate and bring to justice those whose schemes jeopardize public health and put Americans at risk.”
“The U.S. Postal Service spends billions of dollars per year in workers compensation and health care-related costs, most of which are legitimate,” said Kenneth Cleevely, Special Agent in Charge of the Eastern Field Office for the U.S. Postal Service Office of Inspector General. “However, when medical providers or companies choose to flout the rules and profit illegally, special agents with the USPS OIG will work with our law enforcement partners to hold them responsible. To report fraud or other criminal activity involving the Postal Service, contact USPS OIG special agents at www.uspsoig.gov or 888-USPS-OIG.”
According to court documents, Thaxter had authority over Indivior’s marketing and sales of Suboxone Film which, along with other Suboxone products, generated nearly all the company’s revenue. In 2012, Thaxter oversaw and encouraged Indivior’s efforts to secure formulary coverage for Suboxone Film from the Massachusetts Medicaid agency called MassHealth. Thaxter asked Indivior employees under his direction to devise a strategy to win preferred drug status for Suboxone Film and counteract a non-opioid competitor MassHealth was considering for opioid-addiction treatment. Certain Indivior employees subsequently shared false and misleading safety information with MassHealth officials about Suboxone Film’s risk of accidental pediatric exposure. Two months after receiving that false and misleading information, MassHealth announced it would provide access to Suboxone Film for Medicaid patients with children under the age of six.
The criminal cases against Thaxter, Indivior, and Baxter are being prosecuted by attorneys from the U.S. Attorney’s Office for the Western District of Virginia and the Department of Justice’s Civil Division, including Albert P. Mayer, Randy Ramseyer, Kristin L. Gray, Joseph S. Hall, Janine M. Myatt, Garth W. Huston, Carol Wallack, Charles J. Biro, and Matthew J. Lash. The criminal investigation of Thaxter was handled by the Virginia Medicaid Fraud Control Unit; FDA’s Office of Criminal Investigations; United States Postal Service - Office of Inspector General; and U.S. Department of Health and Human Services - Office of Inspector General.
Man with Out-of-State Ties Pleads Guilty to Conspiracy to Distribute MethamphetamineRead the Press Release
HARRISONBURG, Va.- Adam Kimball, a man from outside of Virginia with ties to California and South Dakota, pleaded guilty this week in U.S. District Court in Harrisonburg to conspiring to distribute methamphetamine and possessing with the intent to distribute methamphetamine, Acting United States Attorney Daniel P. Bubar announced today.
Kimball, 43, waived his right to be indicted and pleaded guilty this week to a two-count Information charging him with one count of conspiring with others to distribute 50 grams or more of actual methamphetamine and 500 grams or more of a substance containing a detectable amount of methamphetamine and one count of possession with the intent to distribute 50 grams or more of methamphetamine.
According to court documents, Kimball conspired with others to have large quantities of methamphetamine shipped into Virginia from sources outside of the Commonwealth using the United States Postal Service to various addresses in and around Winchester, Virginia. Once in possession of the methamphetamine, members of the conspiracy, including co-defendants Jerry Duncan and John O'Donnell, moved the drugs to other locations and prepared them for distribution to users.
Kimball was an active member of the conspiracy beginning in early 2019. He “hooked” his co-conspirators with an out-of-state source of supply that could deliver large quantities of methamphetamine. Kimball and his co-conspirators used a residence in the Winchester area as a base for their operations. Kimball was involved in arranging the delivery of methamphetamine from the source of supply and he was involved in the wiring of payment to the source of supply. Kimball also participated in the sale of methamphetamine.
Initially, the conspirators received one or two ounces of methamphetamine per week, but this increased over time to one-quarter-pound purchases, one-pound purchases, and ultimately multi-pound purchases from the out of state source of supply. While a member of the conspiracy, Kimball was involved in the receipt and distribution of at least two kilograms of methamphetamine.
The investigation of the case was conducted by Drug Enforcement Administration, U.S. Postal Inspection Service, Frederick County Sheriff’s Office, Front Royal PD, and Strasburg PD. Assistant United States Attorney Jeb Terrien is prosecuting the case for the United States.
Acting United States Attorney Daniel P. Bubar Appoints Dedicated Official to Answer Western District of Virginia Election ComplaintsRead the Press Release
ROANOKE, Virginia – Acting United States Attorney Daniel P. Bubar announced today that Assistant United States Attorney Christopher Kavanaugh will lead the efforts of his Office in connection with the Justice Department’s nationwide Election Day Program for the upcoming November 3, 2020 general election. AUSA Kavanaugh has been appointed to serve as the District Election Officer (DEO) for the Western District of Virginia, and in that capacity is responsible for overseeing the District’s handling of complaints of election fraud and voting rights concerns in consultation with Justice Department Headquarters in Washington.
“It is vitally important that our citizens are able to vote without interference or discrimination. They must be confident that every vote is counted without compromise,” Acting United States Attorney Bubar said today. “The Department of Justice will do all it can to protect the integrity of the election process.”
The Department of Justice has an important role in deterring election fraud and discrimination at the polls, and combating these violations whenever and wherever they occur. The Department’s long-standing Election Day Program furthers these goals, and also seeks to ensure public confidence in the integrity of the election process by providing local points of contact within the Department for the public to report possible election fraud and voting rights violations while the polls are open through election day.
Federal law protects against such crimes as intimidating or bribing voters, buying and selling votes, impersonating voters, altering vote tallies, stuffing ballot boxes, and marking ballots for voters against their wishes or without their input. It also contains special protections for the rights of voters, and provides that they can vote free from acts that intimidate or harass them. For example, actions of persons designed to interrupt or intimidate voters at polling places by questioning or challenging them, or by photographing or videotaping them, under the pretext that these are actions to uncover illegal voting may violate federal voting rights law. Further, federal law protects the right of voters to mark their own ballot or to be assisted by a person of their choice (where voters need assistance because of disability or illiteracy).
Voting is the cornerstone of American democracy. We all must ensure that those who are entitled to the franchise exercise it if they choose, and that those who seek to corrupt it are brought to justice. In order to respond to complaints of election fraud or voting rights concerns during the voting period that ends on November 3, 2020, and to ensure that such complaints are directed to the appropriate authorities. District Election Official Kavanaugh will be on duty in the Western District of Virginia while polls are open. He can be reached by the public at: 434-293-3981.
In addition, the FBI will have special agents available in each field office and resident agency throughout the country to receive allegations of election fraud and other election abuses on election day. The local FBI field office can be reached by the public at 804-627-1044.
Complaints about possible violations of the federal voting rights laws can be made directly to the Civil Rights Division in Washington, DC by phone at 800-253-3931 or by complaint form at https://civilrights.justice.gov/
In the case of a crime of violence or intimidation, please call 911 immediately and before contacting federal authorities. State and local police have primary jurisdiction over polling places, and almost always have faster reaction capacity in an emergency.
Texas Man Sentenced on Cyberstalking, Making Interstate ThreatsRead the Press Release
HARRISONBURG, Virginia – Adrian Raul O’Dell, an Odessa, Texas man, who had an online relationship with a juvenile female in the Western District of Virginia and later cyberstalked and made online threats to the girl’s family following her suicide, was sentenced today to 41 months in federal prison. Acting United States Attorney Daniel P. Bubar and David W. Archey, Special Agent in Charge of the FBI’s Richmond Division made the announcement today.
O’Dell, 20, was charged in October of 2019 and arrested the following month at his home in Texas. He pleaded guilty earlier this year to two counts of cyberstalking and one count of making interstate threats.
“In today’s increasingly virtual world, where we live, work and learn online, this sentence demonstrates that if anyone uses these platforms to cyberstalk, harass and threaten others, we will hold them accountable,” Acting United States Attorney Bubar said today. “The FBI and Warren County Sheriff’s Office did an outstanding job in finding Mr. O’Dell and bringing him to justice in Virginia for his abhorrent actions. My office sends its deepest condolences to the family in this case, who lost a loved one, and hope they find some solace knowing justice was served.”
“The FBI is fully committed to investigating all forms of child exploitation, cyberstalking and online threats. We will pursue those responsible and bring them to justice,” said Special Agent in Charge David W. Archey. “Our hearts and thoughts are with the family through these difficult times. “
According to court documents, between September 2017 and around March 2018, O’Dell had an online relationship with a 16-year-old girl who lived in Linden, Virginia. In May 2018, following an investigation by the Warren County Sheriff’s Office, it was determined that the girl died by suicide in a wooded area near her home.
From June 2018 through June 2019, O’Dell, using a variety of false email and online personas, took credit for her suicide. The defendant then sent threatening and intimidating messages to her family members and friends that placed them in reasonable fear of death and serious bodily harm. In addition, these messages attempted to cause friends and family members substantial emotional distress. The defendant sent certain of these messages in violation of a protective order.
The investigation of the case was conducted by the Federal Bureau of Investigations and the Warren County Sherriff’s Office. Assistant United States Attorney Kate Rumsey is prosecuting the case for the United States.
Two Charged in Superseding IndictmentRead the Press Release
ROANOKE, Va. – A pair of Danville men, Kunta Daniels and Joe Daniels, were indicted by a federal grand jury last week and charged via a superseding indictment with a variety of drug and gun charges. Acting United States Attorney Daniel P. Bubar, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms, and Explosives of the Washington Field Division Ashan M. Benedict and Danville City Police Chief Scott Booth made the announcement today.
The grand jury has charged Kunta Daniels, 43, with one count of conspiracy to distribute methamphetamine, one count of distribution of methamphetamine, one count of possession with intent to distribute cocaine, one count of possession with intent to distribute more than 28 grams of crack cocaine, one count of possession with intent to distribute more than 100 grams of heroin one count of possession of firearms in furtherance of a drug trafficking crime, and failure to register a firearm under the National Firearms Act.
In addition, Joe Daniels, 60, is charged with one count of conspiracy to distribute methamphetamine, three counts of distribution of cocaine, and six counts of distribution of methamphetamine.
The investigation of the case was conducted by the Bureau of Alcohol, Tobacco, Firearms, and Explosives and the Danville City Police. Assistant United States Attorney Rachel Swartz is prosecuting the case for the United States.
Two Sentenced for Roles in Maryland-to-Virginia Heroin Pipeline that Resulted in Fatal OverdoseRead the Press Release
HARRISONBURG, Va. – Two individuals connected with a heroin trafficking conspiracy that brought heroin from Maryland into Shenandoah County, Virginia and caused one fatal and one non-fatal overdose were sentenced last week in U.S. District Court in Harrisonburg. Acting United States Attorney Daniel P. Bubar and Jesse Fong, Special Agent in Charge of the Drug Enforcement Administration’s Washington Field Office made the announcement today.
James Harold Lichliter, 52, of Mauretown, Va., was sentenced to 144 months in federal prison. In a separate hearing, Jonathan Dale Neice, 42, of Woodstock, Va., was sentenced to 132 months incarceration.
Both Lichliter and Neice previously pleaded guilty to one count of distribution and possession with the intent to distribute resulting in the death of J.H. and the serious bodily injury of J.W. Co-defendants Craig Kidwell, Norma Kidwell, and Stacy Allen Marston are awaiting sentencing.
“The scourge of heroin is a deadly killer that does not discriminate. This office will do all it can to stem the tide and prosecute anyone who participates in its distribution in our communities,” Acting United States Attorney Bubar said today. “We will use all available resources and continue to closely partner with federal, state and local law enforcement to hold drug dealers like Lichliter and Neice, who seek to profit from this treacherous epidemic, responsible for their actions.”
According to court documents, beginning around June 2017 a Maryland-based drug-trafficking network began selling controlled substances to Virginia-based drug traffickers, who, in turn, transported those drugs to Shenandoah County for redistribution.
Defendants Craig Kidwell and his wife Norma Kidwell repeatedly traveled from their home in Shenandoah County to Maryland to obtain heroin from the Maryland-based drug-trafficking organization. At times, the heroin Craig Kidwell and Norma Kidwell obtained from their Maryland-based source was mixed with other drugs, such as fentanyl and acetyl fentanyl.
After obtaining heroin, Craig Kidwell and Norma Kidwell transported the drugs back to Shenandoah County where the drugs were redistributed to others, including, but not limited to, co-defendants Lichliter, Marston, and Neice, who redistributed the drugs to others around Shenandoah County.
As a direct result of the defendants’ drug distribution activities, two overdoses occurred, one of which resulted in the death of victim J.H.
The investigation of the case was conducted by the Drug Enforcement Administration, Virginia State Police, Shenandoah County Sheriff’s Office, and Woodstock Police Department with the assistance of the Shenandoah County Commonwealth’s Attorney’s Office and the United States Attorney’s Office for the District of Maryland. Assistant United States Attorney Jeb Terrien is prosecuting the case for the United States.
DOJ Charges More Than 14,200 Defendants with Firearms-Related Crimes in FY20Read the Press Release
ROANOKE, Virginia – Today, the Department of Justice announced it has charged more than 14,200 defendants with firearms-related crimes during Fiscal Year (FY) 2020, despite the challenges of COVID 19 and its impact on the criminal justice process. These cases have been a Department priority since November 2019 when Attorney General William P. Barr announced his commitment to investigating, prosecuting, and combatting gun crimes as a critical part of the Department’s anti-violent crime strategy. These firearms-related charges are the result of the critical law enforcement partnership between United States Attorneys’ Offices and the Bureau of Alcohol, Tobacco, Firearms and Explosives, led by Acting Director Regina Lombardo, who has made firearms-related investigations a priority.
“The number one priority of government is to keep its citizens safe,” said Attorney General Barr. “By preventing firearms from falling into the hands of individuals who are prohibited from having them, we can stop violent crime before it happens. Violating federal firearms laws is a serious crime and offenders face serious consequences. The Department of Justice is committed to investigating and prosecuting individuals who illegally buy, sell, use, or possess firearms. Reducing gun violence requires a coordinated effort, and we could not have charged more than 14,000 individuals with firearms-related crimes without the hard work of the dedicated law enforcement professionals at the ATF, our U.S. Attorneys’ Offices across the country, and especially all of our state and local law enforcement partners.”
“Protecting the public from violent crime involving firearms is at the core of ATF’s mission,” commented ATF Acting Director Regina Lombardo. “Every day the men and women of ATF pursue and investigate those who use firearms to commit violent crimes in our communities, many of whom are prohibited from possessing firearms from previous convictions. ATF, in collaboration with the U.S. Attorneys’ Offices across the nation, is committed to bringing these offenders to justice for their egregious and violent criminal acts.”
“Across the district we strive daily to bring impactful firearm cases and reduce violence in our communities. Recently we have redoubled our efforts to partner with the Roanoke City Police Department and federal law enforcement to share intelligence and adopt firearms cases, when possible, in the Roanoke Valley,” Acting United States Attorney Daniel P. Bubar said today. “In far Southwest Virginia, we are partnering with the Virginia State Police and ATF to target those individuals engaging in the business of selling firearms without a license. These important cases remove individuals who directly cause violence or put guns in the hands of those that do. We could not bring these cases without the close partnership of federal, state and local law enforcement, but we particularly recognize the good work of ATF, who are at the forefront of this fight.”
Of the more than 14,200 cases charged, 79 defendants have been charged in the Western District of Virginia, announced Acting United States Attorney Bubar.
Notable cases recently prosecuted in the Western District of Virginia include a number of prosecutions of felons illegally possessing firearms, straw purchases, and selling stolen firearms.
In August 2020, Luis Castano was sentenced to 96 months in prison after being convicted of illegal possession of a firearm by convicted felon. Castano, who was arrested after being pulled over for driving erratically, was found to be in possession of a Bushmaster, AR-style rifle. The rifle had a loaded, large capacity magazine containing 61 rounds of ammunition, with one round in the chamber.
In July 2020, John Webb was sentenced to 42 months in prison after being convicted of selling stolen firearms. Webb, a convicted felon, admitted to breaking into the home of a neighbor and stealing two shotguns, two rifles, and cash. Webb then took the stolen guns to Wytheville, Virginia where he sold them at a pawnshop.
In July 2020, Robert Joseph and Harold Gaines were sentenced for their roles in a conspiracy to illegally possess firearms. Joseph was sentenced to 27 months in federal prison. Gaines received a 48-month sentence.
According to court documents, Gaines paid Joseph to supply him with particular firearms and Joseph, in turn recruited, and directed, straw purchasers to obtain firearms from gun stores in the Western District of Virginia. Joseph then delivered the weapons to Gaines in Northern Virginia, Washington D.C., and Maryland. Gaines subsequently sold those weapons to others. Joseph obtained approximately 40 firearms for Gaines during the course of the conspiracy. Both Joseph and Gaines are convicted felons and are prohibited from legally possessing firearms
Under federal law, it is illegal to possess a firearm if you fall into one of nine prohibited categories including being a felon, illegal alien, or unlawful user of a controlled substance. Further, it is unlawful to possess a firearm in furtherance of a drug trafficking offense or violent crime. It is also illegal to purchase – or even to attempt to illegally purchase - firearms if the buyer is a prohibited person or illegally purchasing a firearm on behalf of others. Lying on ATF Form 4473, which is used to lawfully purchase a firearm, is also a federal offense. The Department is committed to prosecuting these firearms offenses as well as using all modern technologies available to law enforcement such as the National Integrated Ballistic Information Network, known as NIBIN, to promote gun crime intelligence. Keeping illegal firearms out of the hands of violent criminals will continue to be a priority of the Department of Justice and we will use all appropriate, available means to keep the law abiding people of this country safe from gun crime.
For more information on the lawful purchasing of firearms, please see: https://www.atf.gov/qa-category/atf-form-4473 .
Tazewell Man to Serve 36 Months in Prison for His Role in Money Laundering ConspiracyRead the Press Release
ABINGDON, Va. – John Howard “Junior” Boothe, Jr., the owner of C & A Trucking, was sentenced in U.S. District Court in Abingdon to 36 months in federal prison after having previously pled guilty to conspiring to commit money laundering. Acting United States Attorney Daniel P. Bubar made the announcement today.
According to evidence presented at court hearings, Boothe, 53, of Tazewell, Va., was part of a conspiracy involving Larry Wayne Price, Jr., in which Boothe laundered over $6 million of Price’s fraudulently obtained proceeds through his company. Boothe submitted false invoices as part of the scheme. Larry Wayne Price, Jr., has pled guilty in United States District Court in Montana and is awaiting sentencing.
The investigation of the case was conducted by the Internal Revenue Service - Criminal Investigation, Federal Bureau of Investigation, Tazewell County Sheriff’s Office, and Russell County Sheriff’s Office. Assistant United States Attorney Randy Ramseyer prosecuted the case for the United States.
Justice Department Settles Sexual Harassment and Race Discrimination Lawsuit Against Manager and Owners of Virginia Rental PropertiesRead the Press Release
The Justice Department today announced that Gary T. Price, a manager of rental properties in and around Harrisonburg, Virginia, together with owners of the properties, Alberta Lowery and GTP Investment Properties, LLC, will pay $335,000 to resolve allegations that Price sexually harassed multiple female tenants and discriminated in housing on the basis of race in violation of the federal Fair Housing Act.
The consent decree, which must still be approved by the court, will resolve a complaint filed today in the U.S. District Court for the Western District of Virginia alleging that Price violated the Fair Housing Act by making unwelcome sexual comments and advances toward female tenants, offering housing benefits in exchange for sexual acts, and taking or threatening adverse housing actions against women who refused his sexual demands. The complaint also alleges that Price violated the Act by using racial slurs with respect to tenants and tenants’ guests, and by prohibiting or attempting to prohibit tenants from entertaining African-American guests in their homes because of the guests’ race. Alberta Lowery and GTP Investment Properties, LLC are named as defendants in the lawsuit because they are owners of properties at which the discriminatory conduct took place and Price was acting as their agent when he engaged in the illegal acts.
“No woman should ever have to endure abusive and demeaning sexual harassment to secure housing for herself or her family, nor should any individual be subjected to vile racial harassment or other race discrimination related to housing,” said Assistant Attorney General Eric Dreiband of the Justice Department’s Civil Rights Division. “Such conduct is both illegal and reprehensible, and the Justice Department will work vigorously and tirelessly to combat these types of discrimination and obtain relief for victims.”
“Our office has prioritized combatting sexual harassment in housing, as is evidenced in this significant investigation and resolution,” said Acting U.S. Attorney Daniel Bubar. “We will continue to seek to end this illegal practice and recognize the difficult challenges faced by women, particularly in today’s trying times, who are simply seeking to provide basic needs for their families. Today’s settlement ought to send a strong message that we will not tolerate harassment and discrimination in housing and will continue to closely partner with the Civil Rights Division to enforce the Fair Housing Act.”
Under the consent decree, the defendants will pay $330,000 to compensate eight victims of discrimination already identified by the Justice Department, together with any additional individuals who have been harmed by defendants’ discriminatory conduct. In addition, defendants must pay $5,000 as a civil penalty to vindicate the public interest. The consent decree also bars Gary Price from participating in the management of rental properties in the future and requires defendants to take other steps to prevent future discrimination.
Individuals who believe they may have been victims of sexual harassment, race discrimination or other types of housing discrimination at rental dwellings owned or managed by Gary T. Price, Alberta Lowery or GTP Investment Properties, LLC, or who have other information that may be relevant to this case, can contact the Housing Discrimination Tip Line toll free, at 1-833-591-0291 and, after selecting English or Spanish, press 22 to leave a message in the voicemail box related to U.S. v. Gary Price, GTP Properties, and Alberta Lowery.
Fighting illegal housing discrimination is a top priority of the Justice Department. The Fair Housing Act prohibits discrimination in housing on the basis of race, color, religion, sex, familial status, national origin, and disability. Sexual harassment is a form of prohibited sex discrimination under this law. The Justice Department's Sexual Harassment in Housing Initiative is an effort to combat sexual harassment in housing led by the Civil Rights Division in coordination with U.S. Attorney’s Offices across the country. The Attorney General recently reaffirmed this commitment by directing the Justice Department to deploy all available enforcement tools against anyone who tries to capitalize on the COVID-19 crisis by sexually harassing people in need of housing. The goal of the department’s initiative is to address sexual harassment by landlords, property managers, maintenance workers, loan officers, or other people who have control over housing. As part of the initiative, the Justice Department developed a public service announcement and formed a joint task force with Department of Housing and Urban Development (HUD) to combat sexual harassment in housing.
Since launching the Initiative in October 2017, the Department of Justice has filed 19 lawsuits alleging sexual harassment in housing. The Justice Department has filed or settled 24 sexual harassment cases since January 2017, providing for over $3.1 million for victims of sexual harassment in housing.
More information about the Civil Rights Division and the civil rights laws it enforces is available at www.justice.gov/crt. Individuals who believe they may have been victims of sexual harassment or other forms of housing discrimination can submit a report to the Department of Justice by calling 1-800-896-7743 or visiting civilrights.justice.gov, or to the HUD by calling 1-800-669-9777 or visiting HUD’s website.
Former Roanoke Pharmacist Pleads Guilty to TamperingRead the Press Release
ROANOKE, Va. – Bryan Wade Lewis, a former Pharmacist at Home Choice Partners in Roanoke, pleaded guilty today in U.S. District Court here to tampering with a consumer product, hydromorphone, that affected interstate commerce. Acting United States Attorney Daniel P. Bubar made the announcement today following the guilty plea hearing.
Lewis, 34, of Roanoke, pleaded guilty today to one count of tampering with a consumer product. At sentencing he faces up to 10 years in prison.
“Medical workers violate the public’s trust when they divert powerful narcotics for illicit use,” Acting United States Attorney Bubar said today. “We will continue to partner with the FDA, DEA, and others, to bring to justice anyone who violates that trust and brings potential harm to patients.”
“The FDA oversees the U.S. drug supply to ensure that the medicines are safe and effective; those who knowingly tamper with medicines put patients’ health at risk,” said Special Agent in Charge Mark S. McCormack, FDA Office of Criminal Investigations Metro Washington Field Office. “We will continue to protect the public health and bring to justice health care professionals who take advantage of their unique position and compromise their patients’ health and comfort by tampering with needed drugs.”
According to court documents, in January 2018 an employee at Home Choice Partners in Roanoke discovered a needle, alcohol pad, and a bloody tissue in the toilet of an employee bathroom and reported it to another employee. When asked by that employee if he knew anything about the items, Lewis said the items may have fallen out of his pocket. The employee contacted human resources and a decision was made to drug test all employees.
Lewis, who was scheduled to be off work on the day of the drug test, was instructed to report to work to be administered a drug screening. However, Lewis contacted an employee and explained that he was the employee responsible for the items in the toilet. When asked, Lewis explained he had been engaging in such conduct for nine months. Lewis admitted there was a 50 ml vial of hydromorphone in the back of the narcotics cabinet that did not contain hydromorphone, but instead had been replaced, by him, with saline.
The investigation of the case was conducted by the U.S. Food, Drug Administration and the Drug Enforcement Administration, the Virginia State Police, and the Virginia Department of Health Professions. Assistant United States Attorney Randy Ramseyer is prosecuting the case for the United States.
Blacksburg Doctor to Serve 90 Months in Prison on Health Care Fraud, Distribution of Controlled Substances, Obstruction of Justice ChargesRead the Press Release
ROANOKE, Va. – Frank Purpera Jr., the former owner of the Virginia Vein Institute, was sentenced today in U.S. District Court in Roanoke to 90 months in federal prison after being convicted by a jury in January 2020 of illegally distributing controlled substances, health care fraud, conspiracy to commit health care fraud, and obstruction of justice. Acting United States Attorney Daniel P. Bubar, Virginia Attorney General Mark Herring and Maureen R. Dixon, Special Agent in Charge for the Office of Inspector General of the U.S. Department of Health and Human Services made the announcement today.
Purpera, 45, of Blacksburg, Va., was convicted in January on 56 counts of illegal distribution of a controlled substance, two counts of obstruction of justice, one count of health care fraud, and one count of conspiracy to commit health care fraud.
“Dr. Purpera violated the trust placed in him when he illegally prescribed powerful narcotics and defrauded important health care programs depriving Virginians of necessary funding,” Acting United States Attorney Bubar said today. “Today’s significant sentence is the product of years of work by an incredible group of our state and federal partners—the Virginia Attorney General’s Office, Department of Health and Human Services-Office of the Inspector General, Drug Enforcement Administration, and the Federal Bureau of Investigation.”
“Doctors and other healthcare providers who defraud our healthcare system and use their position to illegally distribute controlled substances not only waste taxpayer money but also put their communities in danger,” said Attorney General Herring. “I want to thank both our state and federal partners for their hard work on this case and continued collaboration on similar important cases.”
“Dr. Purpera placed his interests above those of the taxpayers and the patients he served. In the process, he compromised his integrity and violated the Hippocratic Oath,” said Maureen R. Dixon, Special Agent in Charge for the Office of Inspector General of the U.S. Department of Health and Human Services. “We will continue to work with our state and federal law enforcement partners to protect our health programs and bring criminals to justice.”
Evidence presented at trial established that Purpera, for a period of approximately five years, wrote numerous prescriptions for Percocet, and Adderall, both Schedule II controlled substances, in the name of his wife, who had a different last name, on multiple occasions. The prescriptions were not for legitimate medical purposes and were outside the scope of Purpera’s medical practice.
In addition, the defendant falsified his medical records and sent millions of dollars in fraudulent bills to Medicare, Virginia Medicaid, and Anthem Insurance. The court ordered Purpera to pay over $2.3 million in restitution.
After a search warrant was executed at the Virginia Vein Institution in September 2016, Purpera told his employees to say, “I don’t recall” when questioned by federal investigators. To reiterate this point, Purpera showed an employee a video clip from the popular movie, “The Wolf of Wall Street,” in which numerous employees, when interviewed by federal law enforcement, say “I don’t recall, I don’t recall.”
The investigation of the case was conducted by the Department of Health and Human Services-Office of the Inspector General, the Drug Enforcement Administration, the Virginia Attorney General’s Medicaid Fraud Control Unit, the Federal Bureau of Investigation, and an Investigator with the United States Attorney’s Office. Assistant United States Attorneys Jonathan Jones and Randy Ramseyer, and Nicole Terry, a Special Assistant United States Attorney and an Assistant Attorney General assigned to the Virginia Attorney General’s Medicaid Fraud Control Unit, prosecuted the case for the United States.
Troutville Man Pleads Guilty to Selling Stolen Night Vision Goggle ComponentsRead the Press Release
ROANOKE, Va. – Steven Rosine, a former employee at a production facility in Roanoke, Virginia that manufactures night vision devices used by the U.S. military, pleaded guilty yesterday in U.S. District Court in Roanoke to stealing night vision devices and other component parts, and selling them over the internet. Acting United States Attorney Daniel P. Bubar and Special Agent in Charge Raymond Villanueva for the Homeland Security Investigations (HSI) Washington, D.C. field office, made the announcement today.
“This defendant used his position with a trusted government contractor to steal critical defense products and parts to sell for his own profit,” Acting United States Attorney Daniel P. Bubar said today. “I am grateful for the hard work of Homeland Security Investigations, the Roanoke County Police and our prosecution team for investigating Rosine’s thefts and bringing him to justice today.”
“Rosine chose to steal regulated defense materials used to make military equipment and sell it out on the open market to make himself a profit without regard for who may end up receiving the materials on the other end or for what purpose they may be used,” said Special Agent in Charge Raymond Villanueva for the Homeland Security Investigations (HSI) Washington, D.C. field office. “Homeland Security Investigations is dedicated to protecting our national security by investigating those who seek to divert sensitive materials for personal gain.”
Rosine, 47, waived his right to be indicted and pleaded guilty yesterday to a one count Information charging him with interstate transportation of stolen property. At sentencing, Rosine faces a maximum statutory penalty of up to 10 years in prison and/or a fine of up to $250,000.
According to court documents, from 1996 to 2019, Rosine was employed as a production engineer at Harris Corporation’s night vision manufacturing facility in Roanoke, Va. During his employment Rosine had access to night vision devices and various components used in device manufacturing.
Between approximately 2010 and 2014, Rosine stole approximately 66 pounds of a soft metal, indium, a crucial element used in the night vision manufacturing process. He sold the stolen indium on the Internet to a company in California for his own personal financial gain, yielding a profit of $51,622.
Beginning in 2012 and continuing through 2018, Rosine stole various image intensifier tubes, night vision systems, and component parts from Harris Corporation. Rosine listed these items for sale on an Internet website. Rosine maintained a dedicated PayPal account, into which he deposited more than $119,000 in proceeds from his illicit sale of night vision devices.
A majority of the night vision devices sold by Rosine are classified as third generation image intensifier tubes and were manufactured using classified production data. They are categorized by the Department of State, Directorate of Defense Trade Controls (DDTC) as “Defense Articles,” which are subject to control under the International Trafficking in Arms Regulations (ITAR) and the jurisdiction of the Department of State.
The investigation of the case was conducted by Homeland Security Investigation and the Roanoke County Police Department. Assistant United States Attorney Kristin B. Johnson prosecuted the case for the United States, in coordination with William Mackie, Counterintelligence & Export Control Section, National Security Division, U.S. Department of Justice.
Jury Convicts Virginia Man of Distributing More than 500 Grams of Methamphetamine, Illegal Possession of Firearm at Conclusion of Three-Day Jury TrialRead the Press Release
ABINGDON, Va. – At the conclusion of a three-day jury trial, jurors sitting in U.S. District Court in Abingdon convicted Tracy Leonard Brown of federal drug and gun charges related to the defendant’s distribution of methamphetamine. Acting United States Attorney Daniel P. Bubar and Ashan M. Benedict, Special Against in Charge of the Washington Field Office for the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) made the announcement.
The jury convicted Brown, 45, on four counts—one count of possession with the intent to distribute 500 grams or more of methamphetamine, one count of possessing a firearm in furtherance of a drug trafficking crime, one count of possessing firearms after having been convicted of a crime punishable by imprisonment for a term exceeding one year, and while knowingly being an unlawful user of a controlled substance, and one count of distribution of methamphetamine.
According to evidence presented at trial, Carroll County deputies arrested Brown on July 3, 2019, after a high-speed pursuit. Before the pursuit, Brown had been traveling north through Carroll County toward Wytheville and had been using a scout to avoid law enforcement. Searches of Brown’s person and car uncovered more than two pounds of methamphetamine, two pistols, digital scales, baggies, and roughly $3,800 in cash. The evidence also showed that Brown had sold methamphetamine to a confidential informant in Wytheville just weeks before the high-speed pursuit.
The investigation of the case was conducted by the Bureau of Alcohol, Tobacco, Firearms and Explosives; the Carroll County Sheriff’s Office; the Wythe County Sheriff’s Office; and the Virginia State Police. Assistant United State Attorneys Whit Pierce and Lena Busscher prosecuted the case for the United States.
Acting U.S. Attorney Bubar Announces $340,313 to Fight Violence Against Women in Western District of VirginiaRead the Press Release
CHARLOTTESVILLE, Va. – Acting United States Attorney Daniel P. Bubar of the Western District of Virginia today announced that the Department of Justice’s Office on Violence Against Women (OVW) has awarded more than $340,000 to a Charlottesville-based agency that handles sexual assault training and education.
“This grant will help provide essential training to young men to serve as role models and help educate the community about domestic violence and sexual assault,” Acting United States Attorney Bubar said today. “These types of programs engage the community and establish a team of people committed to reducing violence.”
The Sexual Assault Resource Agency, will receive $340,313 through OVW’s Engaging Men Program. The Engaging Men program supports projects that create educational programming and community organizing to encourage men and boys to work as allies with women and girls to prevent domestic violence, dating violence, sexual assault, and/or stalking.
“It is absolutely essential that we engage men in our effort as a society to prevent violence,” said OVW Principal Deputy Director Laura Rogers. “This grant funding will help Virginia’s boys and men assume their vital role as we all work together to keep victims safe and hold offenders accountable for their crimes.”
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The year 2020 marks the 150th anniversary of the Department of Justice. Learn more about the history of our agency at www.Justice.gov/Celebrating150Years.
Luray Man Sentenced for Role in Methamphetamine ConspiracyRead the Press Release
HARRISONBURG, Va. – Casey Harvey, a Luray, Va. Man who conspired with others to traffic large quantities of methamphetamine from Oklahoma into the Western District of Virginia for redistribution, was sentenced yesterday in U.S. District Court in Harrisonburg to 66 months in federal prison. Acting United States Attorney Daniel P. Bubar and Jesse Fong, Special Agent in Charge of the Drug Enforcement Administration’s Washington Field Division announced the sentence today.
Harvey, 30, pleaded guilty in May 2019 to conspiracy to distribute methamphetamine. Co-conspirator Bryan Lee Estep was sentenced in August 2020 to 78 months in prison.
According to court documents, from December 2017 to August 2018, Harvey conspired with Estep to traffic methamphetamine from Oklahoma into the Western District of Virginia. As part of the conspiracy, Harvey introduced Estep to individuals that could purchase methamphetamine from Estep. Harvey also distributed at least one pound of methamphetamine. In approximately June 2018, Harvey assisted Estep in picking up roughly six pounds of methamphetamine from a source of supply in Oklahoma and delivering it to the Western District of Virginia.
The investigation of the case was conducted by the Drug Enforcement Administration, Luray Police Department, Augusta County Sheriff’s Office, the Page County Sheriff’s Office, the Shenandoah County Sheriff’s Office, and the Staunton Police Department. Assistant United States Attorney Jeb Terrien prosecuted the case for the United States.
Inmate at USP Lee Sentenced for Unlawfully Possessing WeaponRead the Press Release
ABINGDON, VIRGINIA – Antwan Johnson, an inmate at the USP Lee in Jonesville, Virginia, was sentenced earlier this month for unlawfully possessing a weapon inside the prison, Acting United States Attorney Daniel P. Bubar announced today.
Johnson, 28, of Jonesville, Va., was sentenced on September 3, 2020 in the United States District Court for the Western District of Virginia in Abingdon to 33 months in prison and 3 years of supervised release.
The investigation of the case was conducted by the Federal Bureau of Prisons. Special Assistant United States Attorney Steven J. Luckie prosecuted the case for the United States.