Western District of Virginia
Press releases recorded for this federal judicial district.
Winchester Man Sentenced for Armed Hobbs Act Robbery of Martin’s Food PharmacyRead the Press Release
Harrisonburg, VIRGINIA – A Winchester man, who in January 2019 committed an armed robbery at Martin’s Food in Winchester, was sentenced yesterday in U.S. District Court in Harrisonburg to 138 months in prison after previously pleading guilty to a pair of related federal charges. United States Attorney Thomas T. Cullen and Special Agent in Charge for the Bureau of Alcohol, Tobacco, Firearms and Explosives [ATF] Washington Field Division Ashan M. Benedict made the announcement today.
Carl William Morris, 44, who pleaded guilty in August 2019 to one count of Armed, Hobbs Act Robbery and one count of discharging a firearm during and in relation to a crime of violence, was also ordered to pay $14,000 in restitution.
According to court documents, on January 18, 2019, Morris approached a pharmacy clerk at the cash register at Martin’s Food on Gateway Drive in Winchester. While the clerk was ringing up a purchase, Morris pulled a black handgun from his waistband and directed the clerk to “give me all your pain meds.” The clerk complied with Morris’ demand and handed over multiple bottles of controlled substances, including Oxycontin valued at over $2,000.
The defendant took four bottles of the medication and fled the store. A second pharmacy clerk followed Morris out of the store and into the parking lot. Upon seeing the second clerk, Morris discharged his firearm in the clerk’s direction. The bullet did not strike the clerk. After firing his weapon, Morris fled into a nearby wooded area where he was tracked by a police canine officer and ultimately apprehended by law enforcement.
The investigation of the case was conducted by the Bureau of Alcohol, Tobacco, Firearms, and Explosives and the Frederick County Sheriff’s Office. Assistant United States Attorney Jeb Terrien is prosecuting the case for the United States.
Former Officer Manager Pleads Guilty to Wire FraudRead the Press Release
Harrisonburg, VIRGINIA – The former officer manager of a Winchester-based company that provides safety services to construction companies, pleaded guilty yesterday in U.S. District Court in Harrisonburg for stealing more than $200,000 during her employment. United States Attorney Thomas T. Cullen and Virginia Attorney General Mark Herring made the announcement.
Amy Jo Hansen, 44, of Inwood, West Virginia, waived her right to be indicted and pleaded guilty yesterday to one count of wire fraud. At sentencing, Hansen faces up to twenty years in prison and a $250,000 fine.
“Unfortunately, theft by trusted employees is more common than most people realize,” U.S. Attorney Cullen stated today. “Where these type of embezzlement schemes involve the use of the mail, the internet, or other forms of electronic communication, they become federal crimes, and we will prosecute them.”
“So called ‘white collar’ crime is still crime and we will make sure that people who break the law like this are held accountable,” said Attorney General Herring.
According to court documents, Hansen was employed by Firstline Safety Management from 2001 until her termination in November 2018. During her tenure, Hansen worked as the office manager for more than 10 years. Her duties in that capacity included, but were not limited to, managing the office, ordering supplies, downloading credit card statements, coding purchasing for bookkeeping purposes, and sending invoices to another employee responsible for payroll and accounting.
At relevant times, Firstline utilized three access devices for the purchase of supplies and other work products. Hansen made numerous unauthorized, personal purchases on these devices. Initially, she submitted the credit card statements containing the unauthorized purchases to the company with the unauthorized purchases either miscoded to make them appear authorized or not coded at all.
Beginning in approximately January 2016, Hansen began altering credit card billing statements containing unauthorized purchases, using the edit function on Adobe software to modify the statements to falsely inflate charges from a vendor or create a nonexistent vendor charge, in order to cover up Hansen’s personal charges. The fraudulent charges increased throughout 2016, and by 2017 regularly involved unauthorized purchases of thousands of dollars a month.
The investigation of the case was conducted by the Office of the Virginia Attorney General. Assistant United States Attorney Ronald M. Huber is prosecuting the case for the United States.
Pair of Drug Conspirators Convicted Following Jury Trial in AbingdonRead the Press Release
Abingdon, VIRGINIA – A pair of men charged with distributing crystal methamphetamine were convicted by a jury in Abingdon earlier this week following a four-day jury trial, United States Attorney Thomas T. Cullen and Special Agent in Charge for the Bureau of Alcohol, Tobacco, Firearms and Explosives [ATF] Washington Field Division Ashan M. Benedict announced today.
“Methamphetamine use and distribution are among the greatest threats to public safety in far Southwest Virginia,” U.S. Attorney Cullen stated. “We will continue to work closely with our federal, state, and local partners to identify the individuals and organizations responsible for dealing this deadly drug in our communities and put them in federal prison.”
“The combination of firearms and illegal drugs is not only a dangerous one, it is a criminal one, and that’s what you see in this case. These men brought meth into Virginia neighborhoods knowing the harm it causes to people’s lives, and one used a firearm to helped them do it,” said ATF Special Agent in Charge Benedict. “ATF will continue to work alongside our law enforcement partners and prosecutors to stop violent crime and trafficking in our communities.”
Earlier this week, following a four-day trial, a jury sitting in U.S. District Court in Abingdon convicted Omar Kareem Banks, 44, of Coeburn, Va. and Jimmy Shupe Jr., 37, of Pennington Gap, Va., of Conspiracy to distribute and to possess with intent to distribute 500 grams or more of a mixture or substance containing methamphetamine. Banks was also convicted of possession of 50 grams or more of a mixture or substance containing methamphetamine, possession of a firearm in furtherance of a drug trafficking crime and possession of a firearm by a convicted felon.
According to evidence presented at trial, Banks and Shupe were indicted in May 2019, along with 19 others, as part of a large-scale methamphetamine distribution organization that operated in the counties of Lee, Wise, and Scott.
During trial, the jury heard testimony and received documentary evidence, including messages from social media accounts, that established that Banks and Shupe were associated with and acquired significant quantities of methamphetamine from other members of the conspiracy for several years prior to May 2019.
At sentencing, Banks faces a mandatory minimum term of 15 years imprisonment on the conspiracy charge and an additional consecutive term of five years on the charge of possessing a firearm in furtherance of a drug trafficking crime. Shupe faces a mandatory minimum term of 10 years imprisonment on the conspiracy charge.
To date, 18 of the 21 defendants have pleaded guilty and two were convicted after a jury trial. The one remaining defendant is scheduled for trial in April.
The investigation of the case was conducted by the Bureau or Alcohol, Tobacco, Firearms and Explosives, the Norton Police Department and the Southwest Virginia Drug Task Force. Assistant United States Attorneys Anthony P. Giorno, Jonathan Jones, and Lena Busscher prosecuted the case for the United States.
Florida Man Pleads Guilty to Life Sentence for Plot to Kidnap Children and Murder ParentsRead the Press Release
Harrisonburg, VIRGINIA – A Florida man, who conspired with others in a failed attempt to kidnap five children and kill their parents, pleaded guilty today in U.S. District Court in Harrisonburg to a series of charges related to his conduct, United States Attorney Thomas T. Cullen and David W. Archey, Special Agent in Charge of the FBI’s Richmond Division, announced today.
Frank Jesse Amnott, 31, pleaded guilty today to one count of conspiracy to commit the offense of kidnapping, one count of conspiracy to kill witnesses, and one count of brandishing, carrying, and using a firearm in commission of a federal crime of violence. The crime of conspiracy to kill witnesses carries a statuary sentence of mandatory life in prison.
“Although the facts of this case read like the script of a bad horror movie, the defendants’ murderous plot was real and it posed a grave risk to their intended victims,” U.S. Attorney Cullen stated today. “I appreciate the diligence of the FBI and the Rockingham County Sheriff’s Office in investigating this case and bringing these conspirators to justice.”
“If not for the quick thinking of a parent, and the immediate dispatch and response of a Rockingham County Sheriff's Office deputy this incident could have evolved into something much worse,” Special Agent in Charge Archey said today. “We are grateful for the partnership of the United States Attorney's Office (WDVA) and the Rockingham County Sheriff's Office, and the assistance of our international partners regarding the work on this case.”
According to court documents, in 2014 Frank Amnott and his wife Jennifer Amnott befriended Valerie Perfect Hayes. Hayes consistently claimed to the Amnotts and others that she worked for the U.S. government and that her work included services for the intelligence community or some other clandestine capacity.
In July 2018, the Amnotts were living in Florida when they were contacted by Hayes, who was living with her boyfriend, Gary Blake Reburn, in Maryland. Hayes claimed to the Amnotts that three of her children had been kidnapped and were in the custody of two separate Mennonite families in Dayton, Virginia. Hayes asked the Amnotts for assistance in recovering these children, as well as two additional children. Hayes knew the Amnotts could not conceive their own children and promised that if they helped Hayes kidnap the children, then the Amnotts could keep one of the other children as their own.
Frank Amnott, Jennifer Amnott, Hayes, and Reburn devised a plan to travel from Maryland to Dayton, Va. to kidnap the children from these two homes. To effectuate the kidnapping, the conspirators planned to kill the parents. According to the plan, Hayes, Reburn, and Frank Amnott would enter the first house and hold the parents at gunpoint. After the two children were secured by Hayes, Reburn and Amnott would execute the parents. Then, they would drive to the second house, force entry, and perform a similar execution. In planning to kill the parents at both houses, the conspirators sought to eliminate witnesses to the abductions. Afterwards, all of the children would be taken from Virginia to Maryland and the Amnotts would return to Florida with the child promised to them by Hayes.
All five children to be kidnapped were younger than eight years old. The conspirators were not family members to any of the children. Moreover, none of the conspirators had legal custody, nor did they have any colorable claim to legal custody – based on fact or law – over any of the children.
On the evening of July 29, 2018, the conspirators put their plan into action. Jennifer Amnott remained in Maryland watching Hayes’ other children, but remained in contact, receiving updates from Virginia. Hayes, Reburn, and Frank Amnott waited until the evening, at which time they drove to the first house. There, Parents A and B, who are husband and wife, were preparing to retire for the evening while their two young children were already asleep.
Hayes approached the door, disguised in clothing to appear as a Mennonite. After Parent A opened the door, the group forced their way inside and held Parent A at gunpoint. With Parent A subdued, Hayes began to look for Parent B and the two children. Unbeknownst to Hayes, Reburn, and Amnott, when they forced their way into the home, Parent B had grabbed the cordless phone and ran outside of the house, hiding in a cornfield near the home. Parent B dialed 9-1-1 to report the incident and a deputy with the Rockingham County Sheriff’s Office was immediately dispatched.
Inside the home, Amnott and Reburn took Parent A – at gunpoint – to the basement, where they bound his wrists together behind his back. Reburn went upstairs as Amnott stayed and held Parent A at gunpoint.
Shortly after the 911 call, a deputy with the Rockingham County Sheriff’s Office arrived on the scene and was met by Parent B, who had emerged from the cornfield. At the same time, Hayes, who was also outside the house and still disguised in Mennonite clothing, approached the deputy and falsely claimed to be a neighbor who was passing by and saw an armed man run inside the house. Parent B was confused and suspicious, as Hayes appeared to be the same woman who she saw at the front door and forced entry into her home. Reburn joined Hayes at the front of the house and the deputy told Parent B to go with Hayes and Reburn. At the deputy’s direction, Parent B entered a vehicle with Hayes and Reburn, who drove her to a nearby convenience store and dropped her off.
Meanwhile, the deputy entered the house and located the children, who were unharmed and still in their bedroom. The deputy proceeded to the basement where he encountered the defendant, Frank Amnott, holding Parent A at gunpoint in the basement. Amnott was taken into custody without incident.
Because their planned abduction and murders at the first house were thwarted by Parent B and law enforcement, the conspirators did not make their way to the second house as planned. Instead, Hayes and Reburn returned to Maryland where they re-joined Jennifer Amnott. In early August 2018, Hayes, Reburn, and Jennifer Amnott all fled the United States to the United Kingdom.
They have since been apprehended and are pending extradition to the United States.
The investigation of the case is being conducted by the Federal Bureau of Investigation and the Rockingham County Sheriff’s Office. Assistant United States Attorney Christopher Kavanaugh is prosecuting the case for the United States.
Roanoke Man Sentenced on Drug, Gun ChargesRead the Press Release
Roanoke, VIRGINIA – A Roanoke man, who possessed with the intent to distribute methamphetamine and illegally possessed a firearm in furtherance of his drug trafficking activities, was sentenced yesterday in federal court to 10 years in prison. United States Attorney Thomas T. Cullen made the announcement today as part of the Western District of Virginia’s ongoing Project Safe Neighborhoods [PSN] initiative to reduce violent crime in the City of Roanoke.
Tahlik Shine, 20, pleaded guilty October 7, 2019 to one count of possession with the intent to distribute methamphetamine and one count of possession of a firearm in furtherance of a drug trafficking crime.
“This case illustrates our focus on working with the Roanoke Police Department to target individuals who unlawfully use and possess firearms,” U.S. Attorney Cullen stated today. “We will continue to surge federal resources into this community to reduce violence, gang, and drug-related activity.”
According to court documents, on two separate dates, officers with the City of Roanoke Police Department conducted traffic stops during which time Shine was found to be in possession of a firearm and/or illegal substances. On July 27, 2018, Shine was stopped by police due to a tail light being out and was found to be in possession of a firearm and a measurable amount of cocaine. Again, on October 4, 2018, after being stopped by police for an outstanding arrest warrant, Shine was found to be in possession of 151 grams of methamphetamine.
The investigation of the case was conducted by Bureau of Alcohol, Tobacco, Firearms, Explosives, and the City of Roanoke Police Department. Assistant United States Attorney Charlene R. Day prosecuted the case for the United States.
This case was brought as part of Project Safe Neighborhoods (PSN), the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
Kroger to Pay U.S. Government $225,000 to Settle Civil Allegations it Violated the Controlled Substances ActRead the Press Release
Roanoke, VIRGINIA – Kroger Limited Partnership and Kroger Pharmacy have agreed to pay the United States $225,000 to settle civil allegations that it violated the Controlled Substances Act (CSA) more than a dozen times at its Rio Hill Center location in Charlottesville, Virginia. United States Attorney Thomas T. Cullen and Jesse R. Fong, Special Agent in Charge of the Drug Enforcement Administration’s Washington Field Division, made the announcement today.
“Pharmacies are vital partners in our collective efforts to reduce the unlawful diversion and use of dangerous opioid drugs,” U.S. Attorney Cullen stated today. “As this case illustrates, federal prosecutors will utilize all available tools, including civil actions, to ensure that entities and individuals involved in the lawful dispensing of these potentially deadly drugs fully comply with the law.”
“This case is a great example of how the DEA is doing its part to help end the prescription drug and opioid crisis in our region,” SAC Fong said today. “We will continue to work with our law enforcement partners to find and prosecute medical professionals working to illegally distribute these drugs, and will not rest until we see the end of abusive prescribing practices in our area.”
The settlement resolves allegations by the United States that Kroger #334 (Rio Hill Center, Charlottesville, Va.) violated the CSA on at least 16 distinct occasions between May 2, 2015 and May 30, 2016. According to settlement documents, the United States claimed that Kroger #334 violated the CSA by improperly filling “office use only” prescriptions for Schedule II controlled substances; failed to make and keep DEA 222 order forms; improperly distributed a Schedule II controlled substance absent the required DEA 222 form; and failed to provide effective controls and procedures to guard against diversion of controlled substances.
This proactive civil enforcement investigation was conducted by the Drug Enforcement Administration. Assistant United States Attorney Justin Lugar litigated the case for the United States.
Wise County Man Convicted of Firearm PossessionRead the Press Release
Abingdon, VIRGINIA – A Wise County man was recently found guilty following a two-day jury trial in federal court on a firearm possession charge, United States Attorney Thomas T. Cullen and Virginia Attorney General Mark Herring announced.
Dwayne Andre Adams, 38, of Wise, Virginia, was convicted of possessing a firearm after being convicted of a misdemeanor crime of domestic violence. At sentencing, Adams faces up to 10 years in prison and/or a fine of up to $250,000.
“It is a violation of federal law for a person who has been convicted of a misdemeanor crime of domestic violence to possess a firearm,” U.S. Attorney Cullen stated today. “My office will prosecute those who violate this law, particularly where someone’s safety is endangered.”
“When domestic abusers have access to guns it can lead to a tragic, even deadly outcome for their victims,” said Attorney General Herring. “We will use every tool we have to remove firearms from the hands of violent offenders and domestic abusers.”
According to evidence presented at trial, Adams became involved in a domestic altercation on December 25, 2017, and recklessly handled a .45 caliber Hi-Point firearm. Upon responding to a call of shots fired, Wise County Sheriff’s Office deputies discovered evidence of shots being fired from multiple weapons, including in the vehicle of Adams’ wife. A domestic violence protective order was secured and Adams’ wife and two minor children were escorted from the residence. The next day, Adams was arrested and found to be in possession of a .45 caliber Hi-Point firearm. He later pleaded guilty to recklessly handling that firearm. A review of Adams’ criminal history revealed he has two prior convictions for misdemeanor crimes of domestic violence, one in Wise County in 2005 and a second in Tazewell County in 2010. Both incidents involved different family or household members.
The investigation of this case was conducted by the Bureau of Alcohol, Tobacco, Firearms, and Explosives, Wise County Sheriff’s Office, and Tazewell County Sheriff’s Office. Special Assistant United States Attorney M. Suzanne Kerney-Quillen, a Virginia Assistant Attorney General assigned to the Attorney General’s Major Crimes and Emerging Threats Section, and Assistant United States Attorney Randy Ramseyer prosecuted this case at trial for the United States.
Lebanon Woman Sentenced for Harboring FugitiveRead the Press Release
Abingdon, VIRGINIA – A Lebanon, Va., woman, who was previously convicted of harboring a fugitive, was sentenced yesterday to 48 months in federal prison, United States Attorney Thomas T. Cullen announced.
Desari Marie Schossig, 33, pleaded guilty in July 2019 to one count of harboring a fugitive.
“Assisting a fugitive to evade capture is a serious federal crime and one that can result in a lengthy prison sentence,” U.S. Attorney Cullen stated today. “We will continue to assist the U.S. Marshals Service with these important cases and hold those responsible for harboring fugitives accountable under federal law.”
According to court documents, in October 2018 the U.S. Marshals informed Schossig that a federal arrest warrant had been issued for Brandon Whitt, who the defendant was known to have been in a relationship with. Whitt was wanted on federal drug charges. From approximately December 2018 through early 2019, Schossig began staying overnight at a room being rented by Whitt. During this time, Schossig cooked meals for Whitt, drove him places, bought him groceries, and brought him food from local restaurants.
In March 2019, while Schossig was incarcerated on state charges, she communicated with Whitt, and others, via phone and email in order to help Whitt obtain account passwords, a phone, credit or debit cards, money, and to help him re-title a vehicle.
The investigation of the case was conducted by U.S. Marshals Service and the Bureau of Alcohol, Tobacco, Firearms and Explosives. Assistant United States Attorney Cagle Juhan prosecuted the case for the United States.
Charlotte Couple Indicted on Conspiracy to Distribute Prescription OpioidsRead the Press Release
Abingdon, VIRGINIA – A federal grand jury sitting in U.S. District Court in Abingdon indicted a Charlotte, North Carolina-based doctor and his wife earlier this week on charges that they conspired to illegally distribute prescription opioids to patients in the Western District of Virginia and then made a false statement about their conduct, United States Attorney Thomas T. Cullen announced today.
David Francis Lelio, 56, and Nadja Siiri Kujanson-Lelio, 50, both of Charlotte, N.C., were each charged with one count of conspiracy to distribute prescription opioids, specifically oxycodone. David Lelio was charged with an additional count of making a false statement. If convicted, the defendants each face a term of imprisonment of up to 20 years on the conspiracy charge.
“As alleged in the indictment, this physician diverted prescription opioids without a legitimate medical purpose and was untruthful with federal investigators about his misconduct,” U.S. Attorney Cullen stated today. “We will continue to prioritize the investigation and prosecution of health-care providers who engage in illegal drug distribution.”
According to the indictment, between 2016 and 2019, Dr. David Lelio wrote more than 60 prescriptions for oxycodone to patients, some of who 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, the Virginia State Police, and the Drug Enforcement Administration. Assistant United States Attorneys Randy Ramseyer and Lena Busscher will prosecute the case for the United States.
A Grand Jury Indictment is only a charge and not evidence of guilt. The defendants are entitled to a fair trial with the burden on the government to prove guilt beyond a reasonable doubt.
Georgia Man Sentenced for Role in Drug ConspiracyRead the Press Release
Abingdon, VIRGINIA – A Georgia man, who was part of a conspiracy that trafficked methamphetamine, heroin, oxycodone, cocaine, and other drugs from Georgia into Southwest Virginia, was sentenced last week to 120 months in federal prison, United States Attorney Thomas T. Cullen and Virginia Attorney General Mark Herring announced today.
James Lee Cleghorne, 39, previously pleaded guilty to one count of conspiracy to distribute methamphetamine, heroin, oxycodone, cocaine, and alprazolam. Cleghorne was charged along with 10 other individuals as part of a broader trafficking conspiracy. Two defendants, Roy Lee Dykes and Leila Hector Dykes, went to trial in September 2019 and are set for sentencing on December 19, 2019.
“Methamphetamine trafficking and its effects have taken an enormous toll on far Southwest Virginia,” U.S. Attorney Cullen stated today. “We will continue to work with our federal, state, and local partners to identify and dismantle the drug-trafficking organizations responsible for bringing this terrible drug into our region, and hold their members accountable under federal law.”
“Our partnerships with local, state, and federal law enforcement are working to help keep the Commonwealth safer from the effects of methamphetamine,” said Virginia Attorney General Mark Herring today. “We remain committed to aggressively prosecuting those who transport this dangerous drug into the Commonwealth.”
According to court documents, these defendants conspired to traffic a variety of controlled substances, including methamphetamine, heroin, cocaine, morphine, oxycodone, and alprazolam, from sources in Watkinsville, Ga., into Southwest Virginia for redistribution. The organization operated primarily in Lee and Wise counties from November 2016 through March 1, 2018. Arrests on March 1, 2018, resulted in the seizure of approximately 11 ounces of crystal ice methamphetamine, in addition to heroin, cocaine, morphine, and oxycodone. Currency totaling approximately $14,000 was also seized.
The investigation stemmed from another drug trafficking conspiracy arising out of Lee County, Virginia, involving seven defendants, all of whom have been convicted and sentenced. In total, these investigations have led to the successful prosecution of 22 defendants and removed a conservative estimate of 3.5 pounds of crystal ice methamphetamine from the supply chain in Southwest Virginia.
The investigation of this case was conducted by the Southwest Virginia Drug Task Force, Virginia State Police, and the Bureau of Alcohol, Tobacco, Firearms, and Explosives. Numerous agencies assisted with search warrant executions and arrests on March 1, 2018, to include the Drug Enforcement Administration, Big Stone Gap Police Department, Lee, Wise, and Scott County Sheriff’s Departments, City of Norton Police Department, and the U.S. Marshals. Special Assistant United States Attorney M. Suzanne Kerney-Quillen, a Virginia Assistant Attorney General assigned to the Attorney General’s Major Crimes and Emerging Threats Section, and Assistant United States Attorney Kari Munro are prosecuting this case for the United States.
Law Enforcement Leaders Announce Project Guardian-DMVRead the Press Release
Roanoke, VIRGINIA – A new illegal firearms initiative announced today, Project Guardian-DMV, is designed to reduce violent crime and further enforce federal firearms laws across the District of Columbia, Maryland, and Virginia (DMV).
The new initiative builds on the Justice Department’s national effort, Project Guardian, announced by Attorney General William P. Barr on Wednesday.
“Gun crime remains a pervasive problem in too many communities across America,” said Attorney General Barr. “The Department of Justice is redoubling its commitment to tackling this issue through the launch of Project Guardian. Building on the success of past programs like Triggerlock, Project Guardian will strengthen our efforts to reduce gun violence by allowing the federal government and our state and local partners to better target offenders who use guns in crimes and those who try to buy guns illegally.”
Project Guardian-DMV will localize the effort to the DMV region, and expands upon the current partnership between the U.S. Attorney’s Offices in the District of Columbia and the Eastern District of Virginia, the ATF, and Metro Police Department, and now also includes the U.S. Attorney’s Offices in Maryland and the Western District of Virginia, and the Virginia State Police.
“Through this partnership, we hope to stanch the flow of illegal guns from the Commonwealth of Virginia to Washington, Baltimore, and other cities in the Northeast, where, too often, they are used to commit violent crimes,” said Thomas T. Cullen, U.S Attorney for the Western District of Virginia. “We will work closely with our U.S. attorney partners, the ATF, the MPD, and the Virginia State Police to identify individuals and groups in Western Virginia engaged in this deadly enterprise and put them in federal prison.”
“The public is on notice that we are deadly serious about illegal firearms offenses,” said G. Zachary Terwilliger, U.S. Attorney for the Eastern District of Virginia. “Now with leadership of Attorney General Barr, all the tentacles of the Department of Justice, including the ATF and its Crime Gun Intelligence capabilities, and the amazing men and women in blue on the beat, we are doubling down on illegal firearms with Project Guardian.”
Reducing gun violence and enforcing federal firearms laws have always been among the Department’s highest priorities. In order to develop a new and robust effort to promote and ensure public safety, the Department reviewed and adapted some of the successes of past strategies to curb gun violence. Project Guardian draws on the Department’s earlier achievements, such as the “Triggerlock” program, and it serves as a complementary effort to the success of Project Safe Neighborhoods (PSN). In addition, the initiative emphasizes the importance of using all modern technologies available to law enforcement to promote gun crime intelligence.
“Working together with our federal and local partners is key to reducing gun violence and violent crime in the region,” said Jessie K. Liu, U.S. Attorney for the District of Columbia. “Project Guardian will allow us to identify specific incidents and trends, thereby enabling us to move quickly in investigating and prosecuting violent crime in the most appropriate venue. The correlation between the availability and use of illegal guns and violent crime is undeniable, and we will continue to work closely with our partners in the law enforcement community in the promotion of public safety and the pursuit of justice. “
“We are committed to working with our federal, state, and local law enforcement partners to get guns off of our streets, in order to reduce violent crime in our neighborhoods,” said Rob K. Hur, U.S. Attorney for the District of Maryland. “If you use a gun, you could face federal time, where there is no parole—ever. Please, put down the guns and save a life—maybe even your own.”
“Straw purchasers and firearms traffickers do more than commit paperwork violations or illegally sell a firearm – they knowingly put firearms in the hands of people who should not have them, including violent offenders. These traffickers have no regard for the safety of D.C., Maryland, and Virginia communities,” said Ashan M. Benedict, Special Agent in Charge of ATF’s Washington Field Division. “As part of Project Guardian, ATF will continue to work alongside our local, state, and federal law enforcement partners and U.S. Attorney’s Officers to ensure anyone committing these crimes is held accountable. We are putting all gun traffickers on notice that we will find you; you will be held accountable; and you will be punished under the law.”
“Criminals do not concern themselves with state line or jurisdictions, so we have ensured that our efforts to stop the illegal flow of guns into Maryland involves working closely with our neighboring ATF Field Division in Washington, as well as neighboring U.S. Attorney’s Offices in Virginia and D.C.,” said Rob Cekada, Special Agent in Charge of ATF Baltimore Field Division. “Our focus is on identifying, investigating, and incarcerating anyone who uses firearms to commit violent crime, and those who traffic or straw purchase firearms are supplying these offenders. Project Guardian serves to further strengthen our multi-state and District partnerships with law enforcements and prosecutors so we can brings these criminals to justice.”
Project Guardian’s national and DMV implementation is based on five principles:
- Coordinated Prosecution. Federal prosecutors and law enforcement will coordinate with state, local, and tribal law enforcement and prosecutors to consider potential federal prosecution for new cases involving a defendant who: a) was arrested in possession of a firearm; b) is believed to have used a firearm in committing a crime of violence or drug trafficking crime prosecutable in federal court; or c) is suspected of actively committing violent crime(s) in the community on behalf of a criminal organization.
- Enforcing the Background Check System. United States Attorneys, in consultation with the Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) in their district, will create new, or review existing, guidelines for intake and prosecution of federal cases involving false statements (including lie-and-try, lie-and-buy, and straw purchasers) made during the acquisition or attempted acquisition of firearms from Federal Firearms Licensees.
Particular emphasis is placed on individuals convicted of violent felonies or misdemeanor crimes of domestic violence, individuals subject to protective orders, and individuals who are fugitives where the underlying offense is a felony or misdemeanor crime of domestic violence; individuals suspected of involvement in criminal organizations or of providing firearms to criminal organizations; and individuals involved in repeat denials. - Improved Information Sharing. On a regular basis, and as often as practicable given current technical limitations, ATF will provide to state law enforcement fusion centers a report listing individuals for whom the National Instant Criminal Background Check System (NICS) has issued denials, including the basis for the denial, so that state and local law enforcement can take appropriate steps under their laws.
- Coordinated Response to Mental Health Denials. Each United States Attorney will ensure that whenever there is federal case information regarding individuals who are prohibited from possessing a firearm under the mental health prohibition, such information continues to be entered timely and accurately into the United States Attorneys’ Offices’ case-management system for prompt submission to NICS. ATF should engage in additional outreach to state and local law enforcement on how to use this denial information to better assure public safety.
Additionally, United States Attorneys will consult with relevant district stakeholders to assess feasibility of adopting disruption of early engagement programs to address mental-health-prohibited individuals who attempt to acquire a firearm. United States Attorneys should consider, when appropriate, recommending court-ordered mental health treatment for any sentences issued to individuals prohibited based on mental health. - Crime Gun Intelligence Coordination. Federal, state, local, and tribal prosecutors and law enforcement will work together to ensure effective use of the ATF’s Crime Gun Intelligence Centers (CGICs), and all related resources, to maximize the use of modern intelligence tools and technology. These tools can greatly enhance the speed and effectiveness in identifying trigger-pullers and finding their guns, but the success depends in large part on state, local, and tribal law enforcement partners sharing ballistic evidence and firearm recovery data with the ATF.
Greene County Commissioner of Revenue and Son Indicted on Federal ChargesRead the Press Release
Charlottesville, VIRGINIA – A federal grand jury sitting in U.S. District Court in Charlottesville has charged Larry Vernon Snow, 70, and his son, Bryant Austin Snow, 31, with federal conspiracy and identity theft charges, United States Attorney Thomas T. Cullen and FBI Special Agent in Charge for the Richmond Division David W. Archey announced today.
In an indictment returned under seal on October 23, 2019, and unsealed last week, the grand jury has charged Larry Snow, the current Commissioner of Revenue for Greene County, and his son, Bryant Snow, each with one count of conspiracy to commit identity theft and two counts of identity theft. Both defendants made their initial court appearances today in federal court.
According to the indictment, between on or about April 21, 2018, to May 2, 2018, Larry Snow and Bryant Snow, conspired to knowingly use, without lawful authority, the identification of other individuals, specifically names, addresses, vehicle identification numbers, and license plate numbers, with the intent to commit and/or in connection with drug trafficking.
The investigation of the case was conducted by the Federal Bureau of Investigation and the Virginia Department of Motor Vehicles. Assistant United States Attorney Kate Rumsey is prosecuting the case for the United States.
A grand jury indictment is only a charge and not evidence of guilt. The defendants are entitled to a fair trial with the burden on the government to prove guilt beyond a reasonable doubt.
Florida Man Pleads Guilty to Shipping Synthetic Drugs to Southwest VirginiaRead the Press Release
Abingdon, VIRGINIA – United States Attorney Thomas T. Cullen announced today that Michael John Harrigan, 60, of Valrico, Fla. and Jared Andre Roa, 30, of Tampa, Fla., pleaded guilty last week to one count of conspiring to distribute Schedule I controlled substances in the form of synthetic cannabinoids.
At sentencing, each defendant faces a potential sentence of up to twenty years in prison and/or a fine of up to $1,000,000. Additionally, Harrigan agreed to forfeit $500,000 in criminal proceeds to the United States.
According to court documents, Harrigan and Roa admitted to packaging and shipping large quantities of AB-FUBINACA, a Schedule I synthetic cannabinoid, throughout the United States via the United States Postal Service, and other shipping services. Quantities of these drugs were sent to the Western District of Virginia from Florida, including packages that were intercepted before delivery in Coeburn, Va. in October 2014. Additionally, in September 2017, a search of a storage unit belonging to Roa in Tampa, Fla. yielded quantities of AB-FUBINACA, packaging materials, and address labels listing Harrigan’s name and address. Harrigan’s illegal profits from this drug activity were found to have been at least $500,000.
Roa is scheduled to be sentenced on February 25, 2019, in Abingdon. Harrigan’s sentencing is scheduled for March 2, 2019. According to Harrigan’s plea agreement, he must pay to the United States $50,000 within seven days his guilty plea and $450,000 on or before the date of his sentencing.
The investigation of the case was conducted by Bureau of Alcohol, Tobacco, Firearms, and Explosives, United States Postal Inspection Service, Drug Enforcement Administration, and the Southwest Virginia Drug Task Force. Assistant United States Attorney Lena Busscher is prosecuting the case for the United States.
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Former Scott County Sheriff’s Deputy Pleads Guilty to Embezzlement, Wire FraudRead the Press Release
Abingdon, VIRGINIA – A former Scott County Sheriff’s Deputy pleaded guilty today in U.S. District Court in Abingdon to embezzling more than $20,000 of unworked overtime payments from a federal DMV program over the course of three years and wire fraud for his role in a scheme to defraud the Department of Criminal Justice Services, United States Attorney Thomas T. Cullen announced.
Jeffrey Scott Spicer, 51, of Gate City, Va., pleaded guilty today to one count of embezzlement and one count of wire fraud. At sentencing, Spicer faces up to 20 years in prison and/or a fine of $250,000.
“Corruption and self-dealing by public officials jeopardizes the public’s trust in vital government functions and the rule of law,” U.S. Attorney Cullen stated today. “We will continue to investigate credible allegations of criminal misconduct by public officials, including police officers, and, when appropriate, prosecute violations in federal court.”
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 payment and 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 is prosecuting the case for the United States.
Texas Man Charged with Cyberstalking, Making Interstate ThreatsRead the Press Release
Charlottesville, VIRGINIA – An Odessa, Texas man, who had an online relationship with a juvenile female in the Western District of Virginia, has been indicted by a federal grand jury sitting in U.S. District Court in Charlottesville and charged with cyberstalking and making interstate threats to the girl’s family following her suicide. United States Attorney Thomas T. Cullen and David W. Archey, FBI Special Agent in Charge for the Richmond Division, made the announcement today following the defendant’s arrest in Texas.
Adrian Raul O’Dell, 19, was charged in a sealed indictment on October 15, 2019, and arrested this week in Texas. The grand jury has charged O’Dell with three counts of cyberstalking and two counts of making interstate threats.
“Cyberstalking and communicating threats through social media are serious federal crimes and prosecuting them is a priority of this office,” U.S. Attorney Cullen stated today. “I am grateful for the hard work of the FBI and the Warren County Sheriff’s office in identifying this defendant and bringing him to justice.”
“The FBI takes online threats very seriously, and will work with our law enforcement partners to ensure matters are addressed swiftly and appropriately,” SAC Archey said today. “This case is important to us because a young girl’s family, while still mourning her death, was re-victimized with the messages sent by the accused. We are grateful for the assistance of the FBI El Paso Division’s Midland Resident Agency and the United States Attorney’s Office during the course of this investigation.”
According to the indictment, between September 2017 and around March 2018, O’Dell had an online relationship with a 16-year girl who lived in Linden, Virginia. In May 2018, following an investigation by the Warren County Sheriff’s Office, it was determined that O’Dell’s victim died by suicide in a wooded area near her home.
The indictment alleges that 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 Investigation and the Warren County Sherriff’s Office. Assistant United States Attorney Kate Rumsey is prosecuting the case for the United States.
A grand jury indictment is only a charge and not evidence of guilt. The defendant is entitled to a fair trial with the burden on the government to prove guilt beyond a reasonable doubt.
US Attorney’s Office to Bring USA HEAT Program to Russell County Schools, CommunityRead the Press Release
Roanoke, VIRGINIA – The United States Attorney’s Heroin Education Action Team (USA HEAT) is coming to Russell County, November 13 and 14 for a series of school and community presentations to raise awareness and understanding about the growing heroin and opioid epidemic and the impact it has on Virginia families.
“More Americans died in 2018 from drug overdoses than were killed in combat during the entire Vietnam War,” United States Attorney Thomas T. Cullen stated, adding that a majority of those overdoses were caused by opioids. “Although targeted federal enforcement is critical to combatting the opioid epidemic, meaningful prevention and recovery initiatives are equally important. We are excited to launch our HEAT initiative in Russell County and look forward to hosting other forums in the near future.”
As a way to prevent young people from heading down a path that leads to addiction, USA HEAT will be presenting to ninth graders at three area high schools on November 13 and 14. In addition, a community forum is being held the evening of November 13. The community forum will take place at Lebanon High School at 7 p.m. and is free and open to the public.
The goal of these presentations is to educate students and the community about the dangers of opioids. Families who have lost a loved one to opioid addiction will share stories of how this epidemic has touched their lives.
“These courageous families will share their stories in order to help others avoid the grief of losing a family member to drug overdose,” U.S. Attorney Cullen said. “Too many Virginia families have been robbed of a loved one because of heroin and opioid addiction. We are doing what we can to end this deadly cycle of abuse.”
These programs are a cooperative effort presented by the United States Attorney’s Office for the Western District of Virginia, The Russell County Prevention Coalition, the Drug Enforcement Administration, and Russell County Public Schools.
For more information, please visit https://www.justice.gov/usao-wdva/heat
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Georgia Man Sentenced to 235 Months in Prison for Leading Methamphetamine Conspiracy from Virginia PrisonRead the Press Release
Abingdon, VIRGINIA – Adrian Romero, the lead defendant in an interstate methamphetamine trafficking conspiracy, was sentenced last week to 235 months in federal prison, United States Attorney Thomas T. Cullen and Virginia Attorney General Mark Herring announced.
Romero, 31, previously pleaded guilty to one count of conspiring to distribute and possess with the intent to distribute 50 grams or more of methamphetamine. Three other co-defendants, Veronica Martinez, 30, of Augusta, Ga., Alison Atkinson, 30, of Augusta, Ga., and Clayton Lee Tate, 39, of Austinville, Va., will be sentenced later this year and in early 2020 for their roles in the conspiracy.
“Unfortunately, crystal methamphetamine, a highly addictive and potentially deadly drug, is too prevalent in far Southwest Virginia,” U.S. Attorney Cullen stated today. “We are committed to working with our federal, state, and local partners to identify and dismantle distribution networks and send their members to federal prison.”
“Our communities continue to suffer from the effects of dangerous drugs, like crystal ice methamphetamine,” Attorney General Herring stated today. “We will continue to aggressively prosecute those who bring this drug into the Commonwealth and work with our law enforcement partners to keep the Commonwealth safe.”
According to documents filed with the court, from January 2017 to May 16, 2018, Romero led a conspiracy with at least five other individuals to distribute methamphetamine throughout the Western District of Virginia, and elsewhere. Specifically, Romero admitted to organizing and leading a network of individuals to distribute large amounts of “crystal ice” methamphetamine, a potent form of the drug, from sources in Georgia into southwest Virginia. Romero further admitted that he led this organization while he was incarcerated in a Virginia prison on other methamphetamine related charges. When his co-conspirators obtained the drug, Romero further directed its distribution in Georgia and southwest Virginia. Romero accepted responsibility for trafficking 1.5 kilograms of crystal ice during this conspiracy.
The investigation of the case was conducted by the Bureau of Alcohol, Tobacco, Firearms and Explosives, with assistance from the Twin County Drug Task Force (Virginia) and Richmond City Police Department and Columbia County Sheriff’s Office in Georgia. Special Assistant United States Attorney M. Suzanne Kerney-Quillen, a Virginia Assistant Attorney General assigned to the Attorney General’s Major Crimes and Emerging Threats Section, is prosecuting the case for the United States.
Former Head Nurse at Rockbridge Regional Jail Convicted of Falsifying DocumentsRead the Press Release
Lynchburg, VIRGINIA – Gary Hassler, the former head nurse at Rockbridge Regional Jail, was sentenced yesterday to 12 months and one-day in prison for falsifying documents in order to impede a federal investigation into civil rights abuses at the facility, First Assistant United States Attorney Daniel P. Bubar announced.
“This prison sentence should send a strong reminder that those in a position of public trust must provide accurate information and there are consequences for interfering with a federal investigation,” First Assistant Bubar said. “The FBI, Virginia State Police, and Office of the Rockbridge County Commonwealth’s Attorney should be commended for their hard work in bringing this case to justice.”
Hassler, 59, of Buena Vista, Va., was indicted in August 2018 and charged with two counts of falsifying documents in order to impede a federal investigation. At trial in July 2019, a jury convicted Hassler of one count of impeding a federal investigation into civil rights violations at the Rockbridge Regional Jail by falsifying a document. Evidence at trial showed that on March 5, 2017, Hassler falsified a document to claim an inmate at the jail refused medical care.
The investigation of the case was conducted by the Federal Bureau of Investigation and the Virginia State Police. The Commonwealth Attorney’s Office for Rockbridge County assisted with the investigation. Assistant United States Attorneys Zachary T. Lee and Matthew Miller prosecuted the case for the United States.
Bluefield Woman Indicted on Federal Tax Charges, Wire Fraud, Lying to Federal AgentsRead the Press Release
Abingdon, VIRGINIA – A Federal grand jury sitting in United States District Court for the Western District of Virginia in Abingdon charged a Bluefield, Va., woman last week with close to 10 federal crimes related to her failure to collect taxes, wire fraud, and making false statements, United States Attorney Thomas T. Cullen announced.
In an indictment returned under seal Tuesday, October 22 and unsealed last week following her arrest, the grand jury charged Teresa Blankenship Barringer, 58, with four counts of willfully failing to collect or pay taxes, two counts of wire fraud, and three counts of making a false statements to a federal agent.
The investigation of the case was conducted by Federal Bureau of Investigation, Internal Revenue Service, and Virginia State Police. Assistant United States Attorneys S. Cagle Juhan and Randy Ramseyer will prosecute the case for the United States.
A Grand Jury Indictment is only a charge and not evidence of guilt. The defendant is entitled to a fair trial with the burden on the government to prove guilt beyond a reasonable doubt.
Law Enforcement, Community Leaders Announce New Cooperative Effort to Curb Violent CrimeRead the Press Release
Roanoke, VIRGINIA – Leaders from the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), the Drug Enforcement Administration (DEA), Federal Bureau of Investigation (FBI), Virginia State Police, City of Roanoke Police Department, and Roanoke City Public Schools, joined United States Attorney Thomas T. Cullen today in announcing the formation of Roanoke C.A.R.E.
Roanoke C.A.R.E. is the Coalition of federal, state, and local law enforcement agencies and partners Acting together to more effectively investigate, and prosecute crimes to Reduce the number of shootings, violent crimes, and gang activity in the City of Roanoke, and to Educate both the school and broader community about the dangers of gun violence and gang life.
“We are committed to working directly with the Roanoke Police Department and our other federal, state, and local partners to prosecute acts of violence, gun-related crimes, and gang activity in federal court,” U.S. Attorney Cullen stated today. “I am also pleased to support our Mayor and Dr. Bishop in their critical efforts to curb the rise of organized gang activity in our neighborhoods and classrooms.”
U.S. Attorney Cullen explained during today’s announcement that the agencies involved in Roanoke C.A.R.E. will meet regularly to share intelligence on trends, examine crime data, and work to move ongoing criminal investigations more efficiently toward federal prosecution. In addition, partner agencies will work with officials from the City of Roanoke, Roanoke City Public Schools, and community groups to engage residents about the dangers of gun violence and a gang lifestyle.
“The safety of all citizens in the City of Roanoke is the paramount concern of Roanoke City Council. Roanoke City Council has taken several actions to address the issue of violence, including the creation of a community-based task force focused on finding tangible, meaningful, and transformative solutions to gun violence in our community,” said Roanoke Mayor Sherman P. Lea Sr. “Roanoke City strongly endorses this federal, state, and local initiative to address violence within our City and Region as an exciting opportunity to engage all community stakeholders to partner with agencies in implementing effective solutions to violence in the Roanoke Valley. Roanoke City is committed to being an active contributor and participant in this initiative and applauds the commitments of all partners in this program.”
“Student safety is the number one priority of Roanoke City Public Schools. I appreciate the cooperation of the U.S. Attorney, the Mayor, Chief of Police, and other partner agencies in addressing violence in Roanoke,” said Dr. Rita Bishop, Superintendent of Roanoke City Public Schools. “The School Division will be an active partner in confronting the problem.”
“We are looking forward to this enhanced partnership opportunity, and are ready to loosen the ties these dangerous individuals have in the Roanoke Valley,” said City of Roanoke Police Chief Timothy Jones. “When the influences of gang life and violence become focused on our children, the community must collectively respond to protect our most vulnerable members.”
“ATF is fully committed to working with our federal, state, and local law enforcement partners to reduce violent crime and gang activity in the City of Roanoke,” said Special Agent in Charge Ashan M. Benedict, ATF Washington Field Division. “The C.A.R.E. initiative is a forward-looking and comprehensive approach to combating violent crime on multiple fronts. Not only are we focusing resources on more effectively investigating gun crime and bringing criminals to justice, we are also concentrating on earlier intervention in the school to provide students with the knowledge and tools necessary to avoid the reach of gang life and gun violence. This holistic approach will keep the Roanoke community safer by removing illegal guns and violent offenders from our streets and curbing violence before it begins.”
“This announcement of the Roanoke C.A.R.E. effort is an exciting initiative for law enforcement and a valuable resource to help protect the citizens of Roanoke and hold criminals accountable,” said Jesse R. Fong, Special Agent in Charge of DEA’s Washington Field Division. “Combining the unique skills, talents, and capabilities of the participating agencies and resources will enable us to better address the wide variety of significant drug and violent crime threats facing Roanoke-area communities. The DEA is fully committed to helping assist in this critical new initiative with substantial resources and effort.”
“We all see the families who are affected somehow by the violence that's erupting in our communities and schools - theft to fuel a drug dependency; children that are exposed to drugs or gangs on the streets, in the schools or in their own homes; or the death of a loved one from an overdose or some other violent crime - these are hard truths for the community,” said Neil L. Mathison, Acting Special Agent in Charge of the FBI’s Richmond Division. “Creating this initiative, combining these collective resources, will be a significant factor in addressing violent crime; but law enforcement can't do it alone. Please work with us, be engaged and report suspicious activity - help us, help you!"
Roanoke C.A.R.E. is part of the Western District of Virginia’s Project Safe Neighborhoods [PSN] initiative to reduce gun and violent crime in Roanoke and Danville. PSN, the centerpiece of the Department of Justice’s violent crime reduction efforts, is an evidence-based program proven effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
Department of Justice Awards More Than $85.3 Million in Grants to Address School ViolenceRead the Press Release
Roanoke, VIRGINIA – Today, the Department of Justice announced it has awarded more than $85.3 million to bolster school security—including funding to educate and train students and faculty—and support first responders who arrive on the scene of a school shooting or other violent incident.
“These federal resources will help to prevent school violence and give our students the support they need to learn, grow, and thrive,’ said Attorney General William P. Barr. “By training faculty, students and first responders, and by improving school security measures, we can make schools and their communities safer.”
“There is nothing more important than the safety of our children,” U.S. Attorney Thomas T. Cullen stated today. “I am thrilled that the Winchester Public Schools have received this generous grant and will use these funds to make their facilities even more secure.”
The grants award more than $480,000 to the Winchester Public Schools in the Western District of Virginia to prevent violence in schools. President Trump signed the STOP School Violence Act into law in March 2018, authorizing grants that are designed to improve threat assessments, train students and faculty to provide tips and leads, and prepare law enforcement officers and emergency professionals to respond to school shootings and other violent incidents. The grant programs are managed by OJP’s Bureau of Justice Assistance and the Justice Department’s Office of Community Oriented Policing Services.
The Bureau of Justice Assistance, within the Department’s Office of Justice Programs, and the Office of Community Oriented Policing Services manage the programs and administer the grants, which include funds to:
- Develop school threat assessment teams and pursue technological solutions to improve reporting of suspicious activity in and around schools;
- Implement or improve school safety measures, including coordination with law enforcement, as well as the use of metal detectors, locks, lighting and other deterrent measures;
- Train law enforcement to help deter student violence against others and themselves;
- Improve notification to first responders through implementation of technology that expedites emergency notifications;
- Develop and operate anonymous reporting systems to encourage safe reporting of potential school threats;
- Train school officials to intervene when mentally ill individuals threaten school safety; and
- Provide training and technical assistance to schools and other awardees in helping implement these programs.
About the Office of Justice Programs:
The Office of Justice Programs, directed by Principal Deputy Assistant Attorney General Katharine T. Sullivan, provides federal leadership, grants, training, technical assistance and other resources to improve the nation’s capacity to prevent and reduce crime, assist victims and enhance the rule of law by strengthening the criminal justice system. More information about OJP and its components can be found at www.ojp.gov.
About the Office of Community Oriented Policing Services:
The COPS Office is a federal agency responsible for advancing community policing nationwide. Since 1994, the COPS Office has invested more than $14 billion to advance community policing, including grants awarded to more than 13,000 state, local and tribal law enforcement agencies to fund the hiring and redeployment of approximately 130,000 officers and provide a variety of knowledge resource products including publications, training and technical assistance. For additional information about the COPS Office, please visit www.cops.usdoj.gov.
Three Sentenced for Robbery of I-81 Travel Plaza in Wythe CountyRead the Press Release
Abingdon, VIRGINIA – Three Sarasota, Florida residents, who previously admitted to traveling in a stolen vehicle and committing the May 2018 robbery of the I-81 Travel Plaza in Wythe County, were sentenced yesterday in U.S. District Court in Abingdon. United States Attorney Thomas T. Cullen made the announcement.
Christyen Sumpter, 27, was sentenced to imprisonment for a term of 20 years. Michael Anthony Wilson, 25, was sentenced to imprisonment for a term of 12 years. Perla Isel Pineda-Osorio, 25, was sentenced to imprisonment for a term of 2 years and 9 months.
All three defendants pleaded guilty in July to one count of robbery by threatening physical violence, one count of transporting a stolen vehicle in interstate commerce, and one count of conspiracy to commit robbery, possess a motor vehicle that had crossed a state boundary after being stolen, and transporting in interstate commerce a vehicle that had been stolen.
“The Department of Justice is committed to prosecuting, in federal court, individuals who commit acts of violence in our local communities,” U.S. Attorney Cullen stated today. “I am grateful for the hard work and collaboration of our federal, state, and local partners on this important case and our violence-reduction initiatives across the district.”
According to court documents, on May 28, 2018, an individual in South Carolina picked up Pineda-Osorio, Sumpter, and Wilson, who posed as hitchhikers. The three defendants pulled guns on the driver and demanded he take them to various ATMs to withdraw money from his account. After taking the driver’s money, the defendants abandoned the victim on the side of the road and stole his vehicle. Pineda-Osorio, Sumpter, and Wilson then proceeded to Charlotte, North Carolina, where they robbed a convenience store. The three committed a similar armed robbery at a store in Jonesville, North Carolina. Later that same night, all three committed another robbery at the I-81 Travel Plaza in Wythe County, Virginia. Soon after the robbery, law enforcement spotted the stolen vehicle in which they were traveling and a high-speed chase ensued. The vehicle eventually crashed and the defendants were taken into custody. The guns used in the robberies were recovered and, although they looked like real firearms, were determined to be BB guns.
The investigation of the case was conducted by the Bureau of Alcohol, Tobacco, Firearms, and Explosives and Wythe County (VA) Sheriff’s Office, with assistance by the Charlotte Mecklenburg (NC) Police Department, the Jonesville (NC) Police Department, the Montgomery County (VA) Sheriff’s Office, the New River Valley (VA) Regional Jail, the Orangeburg (SC) Department of Public Safety, the Pulaski County (VA) Sheriff’s Office, the Sarasota (FL) Police Department, the South Carolina State Police, and the Virginia State Police.
Assistant United States Attorney Randy Ramseyer prosecuted the case for the United States.
Statement of United States Attorney Thomas T. Cullen and Jesse R. Fong, Special Agent in Charge of the Drug Enforcement Administration’s Washington Field DivisionRead the Press Release
Roanoke, VIRGINIA – On Monday, September 23, 2019, agents with the Drug Enforcement Administration (DEA) arrived at a property owned by Dr. Vincent K. Jones to execute a federal arrest warrant. Upon arrival, agents found Dr. Jones unresponsive and acted promptly to administer emergency, life-saving care and additionally called for medical transport. Dr. Jones was transported to a nearby hospital. He died the next day.
Due to his death, the United States Attorney’s Office moved to dismiss the September 19, 2019 indictment that charged Dr. Jones with illegal drug distribution, which was granted today.
Two More Arrested in Connection to Eastern Avenue Marijuana Distribution Conspiracy, ShootingsRead the Press Release
Roanoke, VIRGINIA –A pair of Roanoke men, Chad Custer and Darion Harvey, who conspired with others to run a marijuana operation out of a rented, Eastern Avenue home in the City of Roanoke, have been charged in a federal criminal complaint with drug and gun charges. United States Attorney Thomas T. Cullen made the announcement today as part of the Western District of Virginia’s ongoing Project Safe Neighborhoods initiative to reduce drug and violent crime.
Custer and Harvey are the latest in a series of arrests tied to the alleged drug operation at the Eastern Avenue home. Earlier this week, Aaron Woods was arrested and charged with federal drug and firearms-related crimes.
“These and other recent arrests reflect the commitment of federal law enforcement and the Roanoke Police Department to respond, in an aggressive manner, to rising levels of violence and organized drug activity in the city,” U.S. Attorney Cullen stated today. “Working collaboratively, we will continue to investigate individuals and groups engaged in these activities and, when appropriate, prosecute them in federal court.”
As alleged in the criminal complaints, Woods, Custer, Harvey, and others had been working together since at least 2017 to distribute large amounts of marijuana from an Eastern Avenue home Woods rented. Law enforcement estimated that a dozen or more individuals would visit the home each day to purchase marijuana from large, vacuum-sealed bags left out on a table. According to witnesses, purchasers streamed in and out throughout the day as others played video games, smoked marijuana and socialized. Witnesses described seeing Woods, Custer and Harvey in possession of firearms, which they kept out on tables or in their waistbands.
Nolan Kyle Harman, also of Roanoke, was charged federally in February of this year for making straw purchases of firearms for Custer, at Custer’s request.
The complaints allege the distribution activity at Woods’ Eastern Avenue residence culminated in a shooting death on July 10, 2018. According to witnesses, three individuals who had earlier in the day left the residence following an argument about a marijuana purchase, returned around 9:45 p.m. Something like a brick was thrown through the front, plate glass window at which point Woods, Harvey and Custer began shooting. Two-way gunfire ensued, resulting in the death of an individual who was shot in the head and neck as he/she apparently attempted to flee the scene. Woods, Harvey, Custer, and others, fled the Eastern Avenue home following the shooting.
Investigation of these cases was conducted by the Roanoke City Police Department, the Bureau of Alcohol, Tobacco, Firearm, and Explosives, the Drug Enforcement Administration, the Federal Bureau of Investigation, the U.S. Marshals Service, the Roanoke County Police Department, the Bedford County Sheriff’s Office, the Virginia State Police, and members of the region’s High Intensity Drug Trafficking Area (HIDTA) task force. Assistant United States Attorney Kari Munro will prosecute these cases for the United States.
These cases were brought as part of Project Safe Neighborhoods (PSN), the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
A criminal complaint is only a charge and not evidence of guilt. These defendants are entitled to a fair trial with the burden on the government to prove guilt beyond a reasonable doubt.
Unites States Attorney’s Office Announces Arrest of Two Tied to Recent Roanoke Violence, including Eastern Avenue ShootingsRead the Press Release
Roanoke, VIRGINIA – Aaron Lee Woods of Roanoke, whose Eastern Avenue home was alleged to have been something like a “fast food operation for marijuana,” was arrested on a federal criminal complaint last week and charged with crimes related to federal drug trafficking and firearms offenses. United States Attorney Thomas T. Cullen made the announcement today as part of the Western District of Virginia’s ongoing Project Safe Neighborhoods initiative to reduce drug and violent crime. In a separate criminal complaint, U.S. Attorney Cullen announced the arrest of Tyrik Dausha Merchant on one count of being a convicted felon illegally in possession of a firearm.
“These arrests underscore the commitment of federal law enforcement to address drug trafficking and rising levels of violence in Roanoke,” U.S. Attorney Cullen stated today. “We are working closely with our partners at the police department and expect additional federal arrests in the near future.”
As alleged in the criminal complaint, Woods and others not named in court documents were involved in a conspiracy since at least 2017 to distribute large quantities of marijuana in the Roanoke Valley. Woods operated at times from a residence on Eastern Avenue leased in his name. On a typical day, witnesses described a steady stream of marijuana purchases at the house during the afternoon and evening hours. A dozen or more individuals, on average, would stop in to purchase marijuana from large vacuum sealed bags Woods kept on the coffee table in the living room while others played video games and socialized. Witnesses told law enforcement that firearms were frequently in view in the residence, on tables or leaning against the wall during periods of peak distribution.
The complaint alleges that the distribution activity culminated in a shooting death on July 10, 2018 at the Eastern Avenue address. According to witnesses, three prospective marijuana purchasers who left the residence empty-handed earlier in the day returned to the residence around 9:45 p.m. According to witnesses, something like a brick came through the front glass window, at which point two-way gunfire ensued. Woods, and others, began shooting from inside and in front of the residence. During the course of the shootout, one individual was shot in the head and neck and killed during an apparent attempt to flee the scene. Woods and others fled his Eastern Avenue residence following the shooting.
According to a separate complaint, on or about September 14, 2019, Merchant was at the 7-11 convenience store located at 3602 Williamson Rd., N.W. in the City of Roanoke. Witnesses and surveillance cameras showed Merchant approach a vehicle in the 7-11 parking lot, draw a pistol, and fire at the driver of that vehicle from a distance of no greater than four feet away. The driver of the vehicle returned fire, hitting Merchant several times. A Roanoke City Police officer was able to recover Merchant’s pistol from the parking lot where Merchant dropped it. Merchant had previously been convicted of a felony, and so was prohibited from possessing a firearm when these events occurred.
The investigation of these cases was conducted by the Roanoke City Police Department, the Bureau of Alcohol, Tobacco, Firearm, and Explosives, the Drug Enforcement Administration, the Federal Bureau of Investigation, the U.S. Marshals Service, the Roanoke County Police Department, the Virginia State Police, the Bedford County Sheriff’s Office, and members of the area’s High Intensity Drug Trafficking Area Task Force [HIDTA]. Assistant United States Attorneys Kari Munro and Andrew Bassford will prosecute the cases for the United States.
These cases were brought as part of Project Safe Neighborhoods (PSN), the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
A criminal complaint is only a charge and not evidence of guilt. The defendants are entitled to a fair trial with the burden on the government to prove guilt beyond a reasonable doubt.
Two Defendants Convicted in Major Drug ConspiracyRead the Press Release
Abingdon, VIRGINIA – Two members of a drug distribution organization that trafficked methamphetamine, heroin, oxycodone, cocaine, and other drugs from Georgia into Southwest Virginia were recently found guilty following a five-day jury trial in federal court on drug conspiracy charges, United States Attorney Thomas T. Cullen and Virginia Attorney General Mark Herring announced.
Roy Lee Dykes, 51, of Watkinsville, Ga., formerly of Big Stone Gap, Va., was convicted of one count of conspiracy to possess with the intent to distribute and distributing 50 grams or more of methamphetamine, in addition to cocaine, heroin, alprazolam, and oxycodone. Dykes was also convicted of 17 counts of distributing and possessing with intent to distribute controlled substances on a number of specific dates. At sentencing, Dykes faces a mandatory minimum sentence of imprisonment of 10 years and a maximum statutory penalty of up to life in prison and/or a fine of up to $10 million.
Leila Varetta “Rita” Hector-Dykes, 57, of Watkinsville, Ga., was also convicted of one count of conspiracy to possess with the intent to distribute and distributing 50 grams or more of methamphetamine, in addition to cocaine, heroin, alprazolam, and oxycodone. Hector-Dykes was also convicted of one count of distributing and possessing with intent to distribute controlled substances. At sentencing, Hector-Dykes faces a mandatory minimum sentence of imprisonment of 10 years and a maximum statutory penalty of up to life in prison and/or a fine of up to $10 million.
“Methamphetamine trafficking is currently the greatest threat to public safety in far Southwest Virginia,” U.S. Attorney Cullen stated today. “We will continue to collaborate with our federal, state, and local partners to identify individuals responsible for distributing large quantities of this deadly substance and put them in federal prison.”
“This organization trafficked large amounts of crystal ice into Southwest Virginia. We appreciate the partnership with the U.S. Attorney’s Office and federal, state, and local law enforcement to crack down on those who transport dangerous drugs into the Commonwealth for distribution,” Virginia Attorney General Herring said today. “Reducing the availability of crystal methamphetamine and other drugs in Southwest Virginia is a high priority for my office. We appreciate the hard work and dedication of our law enforcement partners and will continue to aggressively prosecute those who endanger the lives of our citizens.”
In all, 11 individuals were charged as part of this drug trafficking conspiracy. All 11 defendants have now been convicted. Dykes and Hector-Dykes are scheduled for sentencing on December 19, 2019.
According to evidence presented at trial, these defendants conspired to traffic a variety of controlled substances, including methamphetamine, heroin, cocaine, morphine, oxycodone, and alprazolam, from sources in Watkinsville, Georgia, into Southwest Virginia for redistribution. The organization operated primarily in Lee and Wise counties from November 2016 through March 1, 2018. Arrests on March 1, 2018, resulted in the seizure of approximately 11 ounces of crystal ice methamphetamine, in addition to heroin, cocaine, morphine, and oxycodone, with an estimated street value of $28,000. Currency totaling approximately $14,000 was also seized from the defendants on that day.
The investigation stemmed from another drug trafficking conspiracy arising out of Lee County, Virginia, involving seven defendants, all of whom have been convicted and sentenced. Another four defendants, including Dykes and Hector-Dykes’ sources of supply, were also identified and prosecuted during the course of these investigations. In total, these investigations have led to the successful prosecution of 22 defendants and removed a conservative estimate of 3.5 pounds of crystal ice methamphetamine from the supply chain in Southwest Virginia.
The investigation of this case was conducted by the Southwest Virginia Drug Task Force, Virginia State Police, and the Bureau of Alcohol, Tobacco, Firearms, and Explosives. Numerous agencies assisted with search warrant executions and arrests on March 1, 2018, to include the Drug Enforcement Administration, Big Stone Gap Police Department, Lee, Wise, and Scott County Sheriff’s Departments, City of Norton Police Department, and the U.S. Marshals. Special Assistant United States Attorney M. Suzanne Kerney-Quillen, a Virginia Assistant Attorney General assigned to the Attorney General’s Major Crimes and Emerging Threats Section, and Assistant United States Attorney Kari Munro prosecuted this case at trial for the United States.
Florida Man Arrested for Making Racially-Motivated Threats in Interference with Election in Charlottesville and CyberstalkingRead the Press Release
Charlottesville, VIRGINIA – United States Attorney Thomas T. Cullen and Assistant Attorney General Eric Dreiband of the Justice Department’s Civil Right Division announced today the arrest of a Florida man on federal charges that in January 2019 he made racially-motivated threats against a prospective candidate that interfered with a local election for City Council in Charlottesville, Virginia.
A federal grand jury in the Western District of Virginia returned a sealed
indictment.pdf on September 11, 2019 charging Daniel McMahon, 31, of Brandon, Fla., with four counts: willful interference with a candidate for elective office, bias-motivated interference with a candidate for elective office, threats to injure in interstate commerce, and cyberstalking. The indictment was unsealed today following McMahon’s arrest.“As alleged in the indictment, this defendant was motivated by racial animus and used his social-media accounts to threaten and intimidate a potential candidate for elective office,” U.S. Attorney Thomas T. Cullen stated today. “Although the First Amendment protects an individual’s right to broadcast hateful views online, it does not give license to threats of violence or bodily harm. We will continue to prioritize cyber-threat cases, including those giving rise to civil rights violations.”
“The alleged targeted and racially motivated actions by Daniel McMahon were an attempt to disrupt the American political process,” said David W. Archey, Special Agent in Charge of the FBI’s Richmond Division. “The FBI remains committed to protecting the civil liberties of all Americans. We are grateful for the assistance of the FBI office in Tampa and the partnership with the United States Attorney’s Office, during this investigation.”
Specifically, the indictment alleges that McMahon threatened D.G. with physical harm because of D.G.’s race and because D.G. was campaigning for elected office. The indictment further alleges that threats were made with the intent to injure and intimidate D.G., and were part of a course of conduct that planed D.G. in fear of death and serious bodily injury. The charges of cyberstalking and transmitting threats in interstate commerce carry a maximum sentence of five years in prison. The two charges arising from the threats against D.G. because of his race and because he was campaigning for elected office each carry a maximum sentence of one year in prison.
This case is being investigated by the FBI and is being prosecuted by the United States Attorney for the Western District of Virginia Thomas T. Cullen, Assistant U.S. Attorney Christopher Kavanaugh, and Trial Attorney Risa Berkower of the Department of Justice’s Civil Rights Division.
An indictment is a formal accusation of criminal conduct, not evidence of guilt. The defendant is presumed innocent unless and until proven guilty.
Florida Man Arrested for Making Racially-Motivated Threats in Interference with Election in Charlottesville and CyberstalkingRead the Press Release
Assistant Attorney General Eric Dreiband of the Justice Department’s Civil Rights Division and United States Attorney Thomas T. Cullen today announced the arrest of a Florida man on federal charges that in January 2019 he made racially-motivated threats against a prospective candidate that interfered with a local election for City Council in Charlottesville, Virginia.
A federal grand jury in the Western District of Virginia returned a sealed indictment on Sept. 11, charging Daniel McMahon, 31, of Brandon, Florida, with four counts: willful interference with a candidate for elective office, bias-motivated interference with a candidate for elective office, threats to injure in interstate commerce, and cyberstalking. The indictment was unsealed today following McMahon’s arrest.
“As alleged in the indictment, this defendant was motivated by racial animus and used his social-media accounts to threaten and intimidate a potential candidate for elective office,” U.S. Attorney Thomas T. Cullen stated today. “Although the First Amendment protects an individual’s right to broadcast hateful views online, it does not give license to threats of violence or bodily harm. We will continue to prioritize cyber-threat cases, including those giving rise to civil rights violations.”
“The alleged targeted and racially motivated actions by Daniel McMahon were an attempt to disrupt the American political process,” said David W. Archey, Special Agent in Charge of the FBI’s Richmond Division. “The FBI remains committed to protecting the civil liberties of all Americans. We are grateful for the assistance of the FBI office in Tampa and the partnership with the United States Attorney’s Office during this investigation.”
Specifically, the indictment alleges that McMahon threatened D.G. with physical harm because of D.G.’s race and because D.G. was campaigning for elected office. The indictment further alleges that threats were made with the intent to injure and intimidate D.G., and were part of a course of conduct that caused D.G. to fear death and serious bodily injury. The charges of cyberstalking and transmitting threats in interstate commerce carry a maximum sentence of five years in prison. The two charges arising from the threats against D.G. because of his race and because he was campaigning for elected office each carry a maximum sentence of one year in prison.
This case is being investigated by the FBI and is being prosecuted by the United States Attorney for the Western District of Virginia Thomas T. Cullen, Assistant U.S. Attorney Christopher Kavanaugh, and Trial Attorney Risa Berkower of the Department of Justice’s Civil Rights Division.
An indictment is a formal accusation of criminal conduct, not evidence of guilt. The defendant is presumed innocent unless and until proven guilty.
Mexican National Pleads Guilty to Illegal Reentry, Transporting Illegal AliensRead the Press Release
Roanoke, VIRGINIA – An illegal alien from Mexico, who was removed from the United States on April 2, 2018 and reentered the country without permission, pleaded guilty today in U.S. District Court in Roanoke to illegally reentering the United States without permission and transporting illegal aliens. United States Attorney Thomas T. Cullen made the announcement.
Eliezer Ramos-Arriola, a.k.a. Francisco Gaitan-Arreola, a.k.a. Francisco Gaitan Arreola, a Citizen of Mexico, waived his right to be indicted and pleaded guilty today to an Information.
“Human smuggling – particularly when it involves unaccompanied children – is a serious federal crime,” U.S. Attorney Cullen stated today. “I appreciate the commitment and hard work of our partners at the Department of Homeland Security in investigating this case and other criminal violations of our immigration laws.”
“Individuals cannot expect to repeatedly flout our immigration laws without consequence,” said Lyle Boelens, acting field office director of U.S. Immigration and Customs Enforcement’s (ICE) Enforcement and Removal Operations (ERO) Washington, D.C. “This individual had already been afforded due process in our nation’s immigration courts and not only again defied our laws but facilitated the illegal entry of countless others.”
“As the lead federal agency investigating alien smuggling, HSI is committed to employing the full range of our unique law enforcement authorities and techniques,” said Raymond Villanueva, special agent in charge of ICE Homeland Security Investigations (HSI) Washington, D.C. “Human life may not be treated like a commodity.”
According to court documents, Ramos-Arriola is a citizen of Mexico who was removed on April 2, 2018 from El Paso, Texas. The defendant never sought nor obtained authorization to reapply for admission into the United States.
However, On April 4, 2019, Ramos-Arriola was the driver of a vehicle stopped by law enforcement in Christiansburg, Virginia. Inside the vehicle, officers located seven illegal aliens, consisting of six adult males and one, unaccompanied, minor female. These individuals were citizens of Mexico and Honduras and not authorized to be in the United States.
In exchange for assistance in illegally crossing into the United States, Ramos-Arriola had agreed to work for a smuggling service to transport passengers to various locations throughout the United States, including within the Western District of Virginia. The defendant picked-up the seven passengers in Phoenix, Arizona and was paid $600 to feed the passengers and to pay for fuel. In addition, the mother of the juvenile female entered into an agreement with the smuggling service to pay an additional $4,000 to the driver who delivered her daughter to the Western District of Virginia.
The investigation of the case was conducted by the U.S. Immigration and Customs Enforcement, Virginia State Police, and Montgomery County Sheriff’s Office. Assistant United States Attorney Charlene R. Day is prosecuting the case for the United States.
Four Sentenced for Roles in Defrauding the United StatesRead the Press Release
Abingdon, VIRGINIA – A pair of former employees of Kennedy Industrial Electronics, and their wives, were sentenced this week after previously pleading guilty to defrauding the United States as part of a disability benefits and payroll scheme that dates back at least 15 years, United States Attorney Thomas T. Cullen announced.
“Social Security and employment-tax schemes are serious federal crimes and ones that the U.S. Attorney’s Office and its federal, state, and local partners have made investigating a priority,” U.S. Attorney Cullen stated today. “Small business owners are required to play by the rules in accounting for their employees, and risk serious consequences when they try to get around these requirements.”
Wednesday in U.S. District Court in Abingdon, Gerald Lee Stevens, 45, of Lebanon, Va., was sentenced to five months incarceration. In July 2019, Stevens pleaded guilty to one count of conspiracy to defraud the United States. Also Wednesday, Teena Charlene Stevens, 47, was sentenced to two years’ probation. She previously pleaded guilty to one count of causing to be made a false representation concerning the requirements of the Social Security Act.
Earlier this week, Danny M. Hill, 70, of Lebanon, Va., was sentenced to eight months incarceration. Hill previously pleaded guilty to one count of conspiracy to defraud the United States. Also this week, Geneva Hill, 64, was sentenced to two years’ probation. She previously pleaded guilty to one count of causing to be made a false representation concerning the requirements of the Social Security Act.
Danny and Geneva Hill were ordered to pay $351,239 in joint and several restitution to the Social Security Administration, while Gerald and Teena Stevens were ordered to pay $309,217 in joint and several restitution to the Social Security Administration. Co-defendants Harold Kennedy and Hollie Kennedy will be sentenced in the near future.
According to court documents, between 2001 and 2015 the defendants conspired to defraud the United States through a scheme in which Harold and Hollie Kennedy, the owners of Kennedy Industrial Electronics, failed to report approximately $148,000 in employment taxes. Those taxes were owed through hours worked by employees Danny Hill, Gerald Stevens, and Ricky Matney.
However, Danny Hill, Gerald Stevens, and Ricky Matney were each receiving disability benefits from the Social Security Administration and therefore unable to earn additional income without reporting. As a result, the conspirators issued checks to their spouses, Geneva Hill and Teena Stevens, and others.
The investigation of the case was conducted by the Internal Revenue Service (Criminal Investigations), the Social Security Administration Office of Inspector General, and the Russell County Sheriff’s Office. Assistant United States Attorney Lena Busscher is prosecuting the case for the United States.
Inmate at Red Onion State Prison Convicted of Sending Threatening CommunicationsRead the Press Release
Abingdon, VIRGINIA – A jury in U.S. District Court in Abingdon convicted an inmate at Red Onion State Prison of sending threatening communications through the mail following the conclusion of a one-day jury trial, United States Attorney Thomas T. Cullen announced.
Randall J. Keystone, 55, was convicted yesterday of two counts of transmitting in interstate commerce a communication containing a threat to injure another person.
“Communicating threats of death or bodily harm is a serious federal crime and one that we will aggressively prosecute,” U.S. Attorney Cullen stated today. “I am grateful for the hard work of the U.S. Marshals Service and the Virginia Department of Corrections in bringing this defendant to justice.”
According to evidence presented at trial, Keystone, while incarcerated at Red Onion State Prison, sent a pair of threatening letters to the former state prosecutor who handled his case in the late 1990s. The former state prosecutor, who is now an Assistant United States Attorney in North Carolina, received one letter at his home and one at his office.
In both letters, written on or about January 11, 2017, Keystone wrote, “How’d you like someone to put a bullit [sic] in your head? How’d you like me to be the one to do it?”
The investigation of the case was conducted by the U.S. Marshals Service for the Western District of Virginia and Eastern District of North Carolina and the Virginia Department of Corrections. Assistant United States Attorneys Jennifer R. Bockhorst and Cagle Juhan are prosecuting the case for the United States.
Harrisonburg Woman Pleads Guilty to Fatal Overdose DistributionRead the Press Release
Harrisonburg, VIRGINIA – Iza Mar Rosario-Cruzado, 31, of Harrisonburg, Va., pleaded guilty yesterday in U.S. District Court to one count of distributing and possessing with the intent to distribute a mixture of heroin and fentanyl. Rosario-Cruzado further admitted her distribution of this drug mixture resulted in an overdose death. United States Attorney Thomas T. Cullen made the announcement following the defendant’s guilty plea.
“Heroin laced with fentanyl is driving the opioid epidemic that has ravaged our district for the last several years,” U.S. Attorney Cullen stated today. “We will continue to work closely with our state and local partners to investigate and prosecute cases involving overdose deaths and hold dealers accountable under federal law.”
“This sentence is a great example of our efforts to keep our local communities safe from the spread of drugs. Heroin and fentanyl are extremely deadly substances and those who spread this poison across our cities, acting with blatant disregard for the lives of the people who live here, will not be tolerated,” said Special Against in Charge Jesse R. Fong of the U.S. Drug Enforcement Administration, Washington Field Division. “This case is a testament to the hard work DEA and our law enforcement partners do every day to keep these dangerous drugs out of the hands of our loved ones.”
According to court documents entered during yesterday’s hearing, on December 13, 2017, victim M.J.M. was found deceased following a heroin and fentanyl overdose. Investigators determined that the day prior, December 12, 2017, Rosario-Cruzado distributed a mixture of heroin and fentanyl to Richard Mansfield. Mansfield subsequently redistributed the same drugs to M.J.M., who ingested them, resulting in his overdose death.
On September 12, 2018, Mansfield pleaded guilty to one count of distributing a mixture of heroin and fentanyl.
At sentencing, scheduled for December 17, 2019, Rosario-Cruzado faces between 12-16 years in years in federal prison, as agreed to as part of her plea agreement.
The investigation of the case was conducted by the Drug Enforcement Administration, Virginia State Police, and Harrisonburg Police Department, with the assistance of Rockingham County Commonwealth’s Attorney Marsha L. Garst. Assistant United States Attorney Jeb Terrien is prosecuting the case for the United States.
Former Virginia Tech Professor Sentenced for Grant Fraud, False Statements, ObstructionRead the Press Release
Roanoke, VIRGINIA – Yiheng Percival Zhang, a former Virginia Tech professor studying artificial sweeteners, was sentenced last week in U.S. District Court to time served, which included incarceration for approximately three months, and home incarceration for approximately two years, First Assistant United States Attorney Daniel P. Bubar announced today. Zhang was convicted of committing federal grant fraud, making false statements and obstruction by falsification following a bench trial in September 2018.
Zhang, 47, of Blacksburg, Va., was found guilty of one count of conspiracy to defraud the United States, three counts of making false statements, and one count of obstruction by falsification.
“The government has an obligation to ensure that the limited funds from these important programs are being used for legitimate research projects that enhance innovation and technological advancement,” First Assistant United States Attorney Bubar said today. “I am proud of the work of the men and women with the National Science Foundation (NSF), Department of Energy, and Federal Bureau of Investigation for conducting a thorough investigation.”
“The Small Business Innovation Research Program is a valuable tool in advancing NSF’s mission to promote the progress of science by increasing opportunities for small businesses to undertake cutting-edge scientific research, and it is essential to protect the integrity of this program,” stated National Science Foundation Inspector General Allison Lerner. “The NSF Office of Inspector General is committed to vigorously pursuing oversight of these taxpayer funds and I commend the U.S. Attorney’s Office and our investigative partners for their support in this effort.”
“The Department of Energy, Office of Inspector General works diligently to protect the integrity of the SBIR and STTR programs. These programs are critically important in the generation of scientific breakthroughs and technological innovations. Those who defraud our programs and steal our innovations are a threat to our nation,” said Department of Energy Inspector General Teri L. Donaldson. “We will continue to work with our law enforcement partners to hold all who violate the integrity of our Nation's scientific programs accountable. We appreciate the efforts of the U.S. Attorney's Office and our law enforcement partners on this joint investigation.”
“The FBI is committed to working with our federal, state, and local partners to protect the integrity of funding programs that promote the development of advanced technology and strengthen the U.S. economy,” said David W. Archey, Special Agent in Charge of the FBI’s Richmond Division. “We are grateful for the partnership of the United States Attorney’s Office, the Department of Energy Inspector General, the National Science Foundation Inspector General, the Blacksburg Police Department and the Virginia Tech Police Department during this investigation.”
According to evidence presented at trial, Zhang, who at the time of the offenses was a biological systems engineering professor at Virginia Tech, founded Cell-Free Bioinnovations, Inc. (“CFB”), a research firm located in Blacksburg, Virginia. CFB relied exclusively on federal grants for funding its research activities. Zhang began working as a paid researcher for the Tianjin Institute of Industrial Biotechnology, Chinese Academy of Sciences by, at least, 2014. In 2015, Zhang caused fraudulent grant proposals to be submitted to the NSF under the Small Business Innovation Research Program (“SBIR”). Evidence presented at trial indicated grant funds obtained would be used for research Zhang knew had already been done in China. Zhang intended to use the grant funds for other CFB projects rather than for the projects for which the funds were requested. To obstruct the investigation, Zhang submitted falsified timesheets to government investigators.
The investigation of the case was conducted by the National Science Foundation-Office of the Inspector General, Department of Energy-Office of the Inspector General, and the Federal Bureau of Investigation, and with the assistance of the Blacksburg Police Department, and the Federal Bureau of Investigation, with the assistance of the Blacksburg Police Department and the Virginia Tech Police Department. Assistant United States Attorneys Kate Rumsey and Randy Ramseyer, and former Assistant United States Attorney Steve Pfleger prosecuted the case for the United States.
Career Criminal Sentenced for Illegally Possession FirearmsRead the Press Release
Abingdon, VIRGINIA – Billy Wayne Page, a convicted felon currently on federal supervised release for a previous federal conviction, was sentenced today in U.S. District Court in Abingdon to 81 months for illegally possessing firearms and violating the terms of his supervised release. United States Attorney Thomas T. Cullen made the announcement following Page’s sentencing hearing today.
Page, 42, of Pound, Va., was convicted in June 2019 on one count of illegal possession of a firearm by a previously convicted felon. In addition, the court found today he violated the terms of his supervised release stemming from a 2013 federal conviction for illegally possessing firearms.
“Unlawful possession of a firearm by a convicted felon is a serious federal crime and one that this office has made a priority,” U.S. Attorney Cullen stated today. “We will continue to work closely with our federal, state, and local partners to identify potential cases and send offenders to federal prison.”
Court documents entered into the record prior to Page’s hearing recount the defendant’s lengthy criminal history dating back to the mid 1990s. Documents show convictions for stealing guns and valuables, vehicle theft, probation violations, breaking and entering at both a local high school and two local businesses, and drug possession. Page also admitted to witness tampering. In 2003, he was convicted as an armed career criminal for his illegal possession of firearms.
The investigation of the case was conducted by Bureau of Alcohol, Tobacco, Firearms, and Explosives, the Federal Bureau of Investigations and the Pound, Virginia Police Department. Assistant United States Attorney Cagle Juhan prosecuted the case for the United States.
Three Arrested on Drug, Gun Charges in RoanokeRead the Press Release
Roanoke, VIRGINIA – Three Roanoke residents were arrested Wednesday on federal drug and gun charges during the execution of a series of search warrants at residences in the City of Roanoke, United States Attorney Thomas T. Cullen announced today. The arrests were made as part of the Western District of Virginia’s ongoing Project Safe Neighborhoods (PSN) initiative to reduce gun and violent crime.
“We are committed to working with the Roanoke Police Department to reduce violent crime, unlawful gun possession, and the distribution of deadly substances like heroin and fentanyl in this community,” U.S. Attorney Cullen stated today. “With the help of our local partners across the district, we have significantly increased, over the past year, the number of federal cases involving firearms, violence, and drug trafficking, and will continue these critical initiatives in the Roanoke Valley to make our community safer.”
Arrested and charged this week were Jarod Sylvester Alston, 26, Antonio Lemar Waddell, 29, and Dwayne Parnell Leftwich, 31. Waddell and Alston were charged on a criminal complaint with conspiracy to distribute controlled substances including quantities of methamphetamine, heroin, and fentanyl. Leftwich currently faces a firearms-related charge.
According to court documents, beginning on or about July 2019, investigators with the Roanoke Valley Regional Drug Unit developed evidence that Waddell, Alston, and Leftwich were distributing narcotics in and around the Roanoke area. Warrants were executed on August 28, 2019 to search residences associated with the three defendants, located on Crescent Street, Grayson Avenue, and Elm Street in the City of Roanoke. During those searches, investigators recovered more than 100 grams of suspected heroin, more than 100 grams of suspected fentanyl, and more than 400 grams of suspected methamphetamine, in addition to firearms and more than $38,000 in cash.
The investigation of the case was conducted by the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATFE), the Drug Enforcement Administration, the Roanoke City Police Department, and members of the region’s High Intensity Drug Task Areas (HIDTA) program. Assistant United States Attorney Kari Munro is prosecuting the case for the United States.
This case was brought as part of Project Safe Neighborhoods. Project Safe Neighborhoods is the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
A criminal complaint is only a charge and not evidence of guilt. The defendants are entitled to a fair trial with the burden on the government to prove guilt beyond a reasonable doubt.
Winchester Man Pleads Guilty to Armed Hobbs Act Robbery of Martin's Foods PharmacyRead the Press Release
Harrisonburg, VIRGINIA – A Winchester man, who in January 2019 committed an armed robbery at Martin's Foods in Winchester, Virginia, pleaded guilty today in U.S. District Court in Harrisonburg to a pair of related federal charges, United States Attorney Thomas T. Cullen announced.
“In our efforts to assist our state and local partners reduce violent crime, we have substantially increased the number of federal prosecutions for offenses involving firearms, including robbery,” U.S. Attorney Cullen stated today. “We will continue to work closely with these partners to identify violent offenders in specific communities and put them in federal prison.”
Today in District Court, Carl William Morris II, 44, pleaded guilty to one count of Armed, Hobbs Act Robbery and one count of discharging a firearm during and in relation to a crime of violence.
According to court documents, on January 18, 2019, Morris approached a pharmacy clerk at the cash register at Martin's Foods on Gateway Drive in Winchester. While the clerk was ringing up a purchase, Morris pulled a black handgun that was tucked in his waistband and directed the clerk to “give me all your pain meds.” The clerk complied with Morris’ demand and handed over multiple bottles of controlled substances, including Oxycontin valued at over $2,000.
The defendant took four bottles of the medication and fled the store. A second pharmacy clerk followed Morris out of the store and into the parking lot. Upon seeing the second clerk, Morris discharged his firearm in the clerk’s direction. The bullet did not strike the clerk. After firing his weapon, Morris fled into a nearby wooded area where he was tracked by a police canine and ultimately apprehended by law enforcement.
The investigation of the case was conducted by the Bureau of Alcohol, Tobacco, Firearms, and Explosives and the Frederick County Sheriff’s Office. Assistant United States Attorney Jeb Terrien is prosecuting the case for the United States.
Inmate at Red Onion State Prison Convicted of Mailing Threats to Federal JudgesRead the Press Release
Abingdon, VIRGINIA – Mitchell Norbert Nicholas, 41, an inmate at Red Onion State Prison serving a sentence for murder, was convicted yesterday by a federal jury at the conclusion of a two-day trial on four federal charges related to threats he made against a pair of federal judges. United States Attorney Thomas T. Cullen made the announcement.
“Although the First Amendment protects an individual’s right to express abhorrent views, it does not license threats of death or bodily harm,” U.S. Attorney Cullen stated today. “We will vigorously investigate and prosecute all cases involving mailed and cyber threats, like the ones at issue in this case. I am grateful for the hard work of the U.S. Marshals Service to bring this defendant to justice.”
Nicholas was convicted of two counts of mailing threats to injure another person and two counts of threatening to murder a United States Judge with the intent to impede, intimidate, or interfere with their performance of official duties, or with the intent to retaliate against such judge on the performance of their official duties.
According to evidence presented during trial, Nicholas was serving a murder sentence at Red Onion State Prison after being found guilty of first degree murder in the Virgin Islands in 2007. While incarcerated, Nicholas mailed a letter to United States Magistrate Judge Ruth Miller in the Virgin Islands, which stated, in part, “Dear Ruth, You thought that I was a nobody. Now I must manifest my dream of your death. It is more fun when the prey knows it is being hunted. I am going to kill you! Patiently submitted, signed Mitchell N. Nicholas.”
In a second letter, mailed to United States District Court Judge Curtis Gomez of the Virginia Islands, Nicholas stated, in part, “Dear Curtis, You are a disappointment and must not be allowed to live any longer. I am going to kill you! Patiently submitted, signed Mitchell N. Nicholas.”
The investigation of the case was conducted by the United States Marshals Service. Assistant United States Attorneys Lena Busscher and Randy Ramseyer prosecuted the case for the United States.
U.S. Attorney’s Office to Take Part in 36th Annual National Night OutRead the Press Release
Roanoke, VIRGINIA – United States Attorney Thomas T. Cullen will join law enforcement, community leaders, and residents on Tuesday, August 6th in Bristol, Virginia, to celebrate the 36th annual National Night Out crime and drug-prevention event. Officials from the U.S. Attorney’s Office will also attend events in Roanoke, Roanoke County, Harrisonburg, Rockingham County, Lynchburg, Bedford County, Tazewell County, Albemarle County, Pulaski, Marion, Waynesboro, Winchester, Salem, and Abingdon.
National Night Out is a community-building and crime prevention campaign that promotes collaborative law enforcement-community partnerships and neighborhood camaraderie. Thousands of communities nationwide will participate in neighborhood block parties, festivals, cookouts, safety demonstrations, seminars, and activities that heighten crime and drug prevention awareness and generate support for and participation in local anticrime efforts. Events such as these help to strengthen neighborhood spirit, police-community partnerships, and demonstrate a shared commitment for strong and safe communities.
“Reducing violent crime and promoting safety in American communities is a major focus of the Justice Department and U.S. Attorneys across the country,” said Deputy Attorney General Jeffrey A. Rosen. “National Night Out is an opportunity to strengthen the bonds, the respect, and the camaraderie between neighbors and law enforcement officers. These relationships make our country stronger and safer.”
“Our local law-enforcement partners play a vital role in critical DOJ initiatives, including violent-crime reduction and drug enforcement,” U.S. Attorney Cullen stated. “We are proud to stand with them as they work to increase cooperation and trust between their agencies and the communities they serve.”
National Night Out organizers are expecting over 16,000 communities and 38 million people nationwide to take part in community events on Tuesday.
Grayson County Woman Sentenced for Health Care FraudRead the Press Release
Abingdon, VIRGINIA – Crystal Smith, a Troutdale, Va. woman who worked as a Consumer Directed Services Facilitator (CDSF) to assist elderly and disabled Virginia Medicaid recipients, was sentenced today to four months in prison and ordered to pay $113,877 in restitution. United States Attorney Thomas T. Cullen and Virginia Attorney General Mark R. Herring made the announcement today following Smith’s sentencing hearing in U.S. District Court in Abingdon.
“Medicaid providers, including those that provide home-based, education, and training services to disabled populations, are obligated to follow the letter of the law in billing for their work,” U.S. Attorney Cullen stated today. “We will continue to prosecute those who engage in fraudulent billing schemes and hold them accountable.”
“Anyone attempting to steal from Virginia’s Medicaid program needs to know we are watching, and we will hold you accountable,” said Attorney General Herring. “We cannot abide fraud that weakens this important program for those who truly need assistance.”
Smith, 51, pleaded in March 2019 to one count of health care fraud. According to court documents, Smith entered into a provider agreement with the Department of Medical Assistance Services (DMAS) and received payments from 2011 to 2018. The payments were for services provided to Medicaid recipients through Virginia Medicaid’s Commonwealth Coordinated Care Plus Waiver Program, formerly known as the Elderly or Disabled with Consumer Direction Waiver Program.
However, a review of Smith’s case files and Medicaid Billing reels, show Smith billed DMAS for 1,732 reassessments, routine visits, and trainings that did not have the required supporting documentation or did not occur at all. Smith admitted to making copies of recipient’s signatures on DMAS forms, which she then re-used to create subsequent forms.
From August 2011 to March 2018, Smith fraudulently billed DMAS $121,435 and was paid $113,877.
The investigation of the case was conducted by the Virginia Attorney General’s Office Medicaid Fraud Control Unit. Special Assistant United States Attorney and Assistant Attorney General Janine M. Myatt is prosecuting the case for the United States.
Former Nurse at Grace Healthcare Sentenced on Tampering ChargeRead the Press Release
Abingdon, VIRGINIA – Amanda Kilgore, a former LPN at Grace Healthcare in Abingdon, was sentenced yesterday to 36 months in federal prison for tampering with consumer products. United States Attorney Thomas T. Cullen made the announcement today following a hearing Thursday in U.S. District Court in Abingdon.
“This health-care provider put her addiction over patient care and violated the trust of those who relied on her,” U.S. Attorney Cullen stated today. “I am grateful for the hard work of the FDA and the Virginia State Police in bringing this defendant to justice.”
“Patients deserve to have confidence that they are receiving the proper treatment from those entrusted with providing their medical care,” said Special Agent in Charge Mark S. McCormack, FDA Office of Criminal Investigations Metro Washington Field Office. “As part of the FDA’s comprehensive work to address the opioid epidemic, we will continue to hold medical personnel accountable when they take advantage of their unique position and tamper with drugs needed by their patients, especially when such tampering could cause unnecessary pain and suffering.”
Kilgore, 34, of Louisville, Tenn., pleaded guilty in April 2019 to one count of tampering with consumer products. The defendant admitted that on various dates of her employment, she tampered with oxycodone in order to divert drugs prescribed to patients for her personal use.
The investigation of the case was conducted by the U.S. Food and Drug Administration - Office of Criminal Investigations and Virginia State Police with the assistance of the Virginia Department of Health Professions, Tennessee Department of Health – Office of Investigations, City of Kingsport Police Department, and Sullivan County District Attorney’s Office. Assistant United States Attorney Randy Ramseyer prosecuted the case for the United States.
Former Head Nurse at Rockbridge Regional Jail Convicted of Falsifying DocumentsRead the Press Release
Lynchburg, VIRGINIA – A federal jury in U.S. District Court in Lynchburg today convicted Gary Hassler, the former head nurse at Rockbridge Regional Jail, of falsifying documents in order to impede a federal investigation into civil rights abuses at the facility, First Assistant United States Attorney Daniel P. Bubar announced.
“Today’s conviction shows that no person or institution can take steps to interfere in a federal investigation,” First Assistant Bubar stated. “I am grateful for the work of the FBI, Virginia State Police and Office of the Rockbridge County Commonwealth’s Attorney in bringing this case to justice.”
Hassler, 59, of Buena Vista, Va., was indicted in August 2018 and charged with two counts of falsifying documents in order to impede a federal investigation. Today, the jury convicted Hassler of one count of impeding a federal investigation into civil rights violations at the Rockbridge Regional Jail by falsifying a document. Evidence at trial showed that on March 5, 2017, Hassler falsified a document to claim an inmate at the jail refused medical care.
The investigation of the case was conducted by the Federal Bureau of Investigation and the Virginia State Police. The Commonwealth Attorney’s Office for Rockbridge County assisted with the investigation. Assistant United States Attorneys Zachary T. Lee and Matthew Miller prosecuted the case for the United States.
Final Defendant Pleads Guilty in Robbery of I-81 Travel Plaza in Wythe CountyRead the Press Release
Abingdon, VIRGINIA – A third Florida resident has admitted to traveling in a stolen vehicle and committing the May 2018 armed robbery of the I-81 Travel Plaza in Wythe County, according to a plea agreement entered in U.S. District Court yesterday in Abingdon and announced today by United States Attorney Thomas T. Cullen.
Christyen Sumpter, 27, of Sarasota, Fla., pleaded guilty yesterday to one count of robbery by threatening physical violence, one count of transporting a vehicle in interstate commerce knowing the same vehicle to have been stolen, and one count of conspiracy to commit robbery, possess a motor vehicle that had crossed a state boundary after being stolen, and transporting in interstate commerce a vehicle that had been stolen. Earlier this month, Michael Anthony Wilson and Perla Isel Pineda-Osorio, also of Sarasota, pled guilty to the same charges in relation to the robbery.
“The United States Attorney’s Office will continue to take all acts of violence and those crimes involving firearms seriously,” United States Attorney Cullen stated today. “We will work with our federal, state, and local partners to prosecute violent offenders and make our communities safer.”
According to court documents, on May 28, 2018, an individual in South Carolina picked up Pineda-Osorio, Sumpter, and Wilson, who posed as hitchhikers. The three defendants pulled guns on the driver and demanded that he take them to various ATMs to withdraw money from his account. After taking the driver’s money, they abandoned him on the side of the rode and stole his vehicle. Pineda-Osorio, Sumpter, and Wilson then proceeded to Charlotte, North Carolina, where they robbed a convenience store. The three committed a similar armed robbery at a store in Jonesville, North Carolina. Later that same night, all three committed another robbery at the I-81 Travel Plaza in Wythe County, Virginia. Soon after the robbery, law enforcement spotted the stolen vehicle in which they were traveling and a high-speed chase ensued. The vehicle eventually crashed and the defendants were taken into custody. The guns used in the robberies were recovered and, while looking like real firearms, were determined to be BB guns.
All three defendants will be sentenced on October 16, 2019, at 2:30 p.m. At sentencing, the defendants each face a maximum of thirty-five years in prison.
The investigation of the case was conducted by the Bureau of Alcohol, Tobacco, Firearms, and Explosives and Wythe County (VA) Sheriff’s Office, with assistance by Charlotte Mecklenburg (NC) Police Department, Jonesville (NC) Police Department, Montgomery County (VA) Sheriff’s Office, New River Valley (VA) Regional Jail, Orangeburg (SC) Department of Public Safety, Pulaski County (VA) Sheriff’s Office, Sarasota (FL) Police Department, South Carolina State Police, and Virginia State Police.
Assistant United States Attorney Randy Ramseyer is prosecuting the case for the United States.
Twin Sisters Plead Guilty to Conspiracy to Commit Healthcare Fraud, Third Defendant Admits to Making False StatementsRead the Press Release
Abingdon, VIRGINIA – Two identical twin sisters, and one of their sons, pleaded guilty today in U.S. District Court in Abingdon to charges of conspiring to commit healthcare fraud and making a false statement in relation to the Social Security Act, United States Attorney Thomas T. Cullen and Virginia Attorney General Mark Herring announced.
Michele Annette Honaker, 45, and Marilyn Yvette Blankenship, 45, both of Richlands, Va., pleaded guilty today to one count of conspiring to commit healthcare fraud. Chandler Dalton Blankenship, 26, of Atlanta, Ga., pleaded guilty today to one misdemeanor count of making a false statement in relation to the Social Security Act.
“Medicaid fraud, including billing for home healthcare services that were not actually provided, is a serious federal crime and one that can result in a prison sentence,” U.S. Attorney Cullen stated today. “We will continue to work closely with our partners at the Virginia Attorney General’s Office to investigate and prosecute individuals and organizations who illegally put profit over patient care and, in so doing, undermine these vital government programs.”
“Rooting out provider fraud helps keep the Medicaid program strong for those Virginians who truly need assistance,” said Attorney General Herring. “Our strong partnerships with state agencies, like the Virginia Department of Medical Assistance Services, and federal partners, like U.S. Attorney Cullen and his team, ensure that our Medicaid dollars are used effectively.”
According to court documents filed during today’s plea hearing, at various times between April 1, 2008 and September 28, 2018, Michele Honaker and Marilyn Blankenship worked as service facilitators under the Virginia Medicaid program. As part of their duties, services facilitators are responsible for conducting home visits and re-assessments, and providing training, for Medicaid recipients. During this same time period, Chandler Blankenship worked for Michele Honaker, his aunt, and Marilyn Blankenship, his mother, and later became a services facilitator himself.
On multiple occasions, Michele Honaker and Marilyn Blankenship billed Virginia Medicaid for routine visits and re-assessment visits on the same date of service for the same recipients, when only one or the other visit actually occurred. Honaker and Marilyn Blankenship also billed for recipient training that never occurred.
In addition, on multiple occasions, all three defendants billed for face-to-face home visits and/or reassessment visits with Medicaid recipients on or after the recipient had died. All three defendants billed for face-to-face home visits that never occurred because the recipients have been moved to a nursing home or were otherwise discharged from services.
The investigation of the case was conducted by Medicaid Fraud Control Unit of the Virginia Attorney General’s Office in conjunction with the Virginia Department of Medical Assistance Services. Special Assistant United States Attorney and Virginia Assistant Attorney General Janine M. Myatt and Assistant United States Attorney Lena Busscher are prosecuting the case for the United States.
Three Members of California-Based White Supremacist Group Sentenced on Riots Charges Related to August 2017 “Unite the Right” Rally in CharlottesvilleRead the Press Release
Charlottesville, VIRGINIA – Benjamin Daley, Michael Miselis, and Thomas Gillen, members of the white-supremacist organization formerly known as the Rise Above Movement (RAM), were sentenced today in U.S. District Court in Charlottesville for violence they committed as part of their conspiracy to riot, including at the August 2017 Unite the Riot Rally in Charlottesville, and other alleged political rallies in California. The announcement was made by United States Attorney Thomas T. Cullen, Special Agent in Charge David W. Archey of the FBI’s Richmond Division, and Colonel Gary T. Settle of the Virginia State Police.
Daley, 26, of Torrance, Calif., was sentenced today to 37 months in prison. Gillen, 25, of Redondo Beach, was sentenced to 33 months in prison. Miselis, 30, of Lawndale, Calif., was sentenced to 27 months in prison. A fourth defendant, Cole Evan White, will be sentenced at a future date. All four defendants previously pleaded guilty to one count of conspiracy to riot.
“These defendants, motivated by hateful ideology, incited and committed acts of violence in Charlottesville, as well at other purported political rallies in California,” U.S. Attorney Cullen stated today. “They were not interested in peaceful protest or lawful First Amendment expression; instead, they intended to provoke and engage in street battles with those that they perceived as their enemies. I am grateful for the diligence and hard work of the FBI and Virginia State Police in bringing these violent white supremacists to justice.”
“The sentences imposed today demonstrate the U.S. Government’s intolerance of the use of violence, by anyone, to infringe upon the right of others to assemble peacefully,” Special Agent in Charge Archey of the FBI said today. “The FBI applauds today’s sentences and will continue to aggressively investigate allegations of such activity with its law enforcement partners. We are grateful for the efforts and partnership of the Office of the U.S. Attorney and the Virginia State Police in this investigation.”
“Thanks to the concerted and dedicated efforts of local, state and federal law enforcement and the U.S. Attorney's Office of the Western District of Virginia, justice has been served this week for multiple individuals who perpetrated the violence and extreme hate witnessed during the events of August 12, 2017 in Charlottesville,” said Colonel Gary T. Settle, Virginia State Police Superintendent. “Every one of their sentences should stand as evidence that Virginia has zero tolerance for such criminal activity.”
According to court documents, Daley, Gillen, and Miselis, were members of RAM, a now-defunct, California-based, combat-ready, militant group that represented itself as part of the new nationalist and white supremacy movement. RAM openly identified as “alt-right” and “nationalist” and its members and associates frequently posted photographs and videos online of themselves engaging in physical training and mixed martial arts street-fighting techniques, along with messages and propaganda related to their alt-right, anti-Semitic, and white-supremacist views. RAM members and associates espoused and committed acts of violence against those who they believed held opposing political views.
From March 2017 to August 2017, RAM and its members, including Daley, Gillen, and Miselis, traveled to multiple political rallies and organized demonstrations in Virginia and California where they prepared to, and engaged in, acts of violence. RAM regularly held hand-to-hand and other combat training for members and associates to prepare to engage in violent confrontations with protestors and other individuals at purported political rallies. They attended these rallies with the intention of provoking physical conflict with counter-protestors, which they believed would justify their use of force against the counter-protestors and shield them from prosecution for their acts of violence. Daley, Gillen, and Miselis attended several such training events and rallies.
On March 25, 2017, Daley, Gillen, and Miselis attended a political rally in Huntington Beach, Calif., with several RAM members. At that event, several RAM members pursued and assaulted groups of protestors and other individuals. Following the rally, photographs depicting RAM members assaulting protestors and other individuals were covered on local news stations and on the “front page” of various Neo-Nazi and white-supremacist websites. RAM members celebrated this coverage and used the internet to post statements, photographs, and videos of the assaults committed by RAM members at this rally to recruit members to engage in violent confrontations at future events.
On April 15, 2017, Daley, Gillen, Miselis, and other RAM members attended a rally in Berkeley, Calif. The defendants and other RAM members were dressed in gray clothing, goggles, and black scarfs or masks to cover the lower half of their faces. Throughout the day, there were violent clashes between some rally attendees and individuals protesting the rally. At one point, RAM members, including Daley and Miselis, crossed a barrier separating the attendees and the protestors, and assaulted protestors and other individuals.
In August 2017, Daley, Gillen, and Miselis planned to travel to Charlottesville to attend the Unite the Right Rally. At the time of their travel, the defendants expected the event would become a riot and that their experience in riots at Huntington Beach and Berkeley would be valuable.
On August 11, 2017, the evening prior to the scheduled Unite the Right Rally, Daley, Gillen, and Miselis, and other members of RAM, joined hundreds of individuals in a torch-lit march on the grounds of the University of Virginia in Charlottesville. Throughout the march, participants chanted, “Blood and Soil!” and “Jews will not replace us!” The march culminated near a statue of Thomas Jefferson where a small group of students gathered to protest white supremacy. Violence erupted among the crowd, with some punching, kicking, spraying chemical irritants and swinging torches. During and in furtherance of this riot, Daley punched multiple individuals. As part of their pleas, the defendants admitted these actions were not in self-defense.
On the morning of August 12, 2017, Daley, Gillen, and Miselis, and other members of RAM, with their hands wrapped in white athletic tape, were part of a large group of over 40 individuals seeking entry into Emancipation Park by way of Second Street when they were told by law enforcement to enter at a different location. The group, including Daley, Gillen, Miselis, and other RAM members, turned, lined up, and began to make their way through a group of over 20 individuals who had come to the rally to protest against discrimination. As they made their way through the group of protestors, the RAM members collectively pushed, punched, kicked, chocked, head-butted, and otherwise assaulted several individuals, resulting in a riot. As part of their pleas, the defendants admitted these actions were not in self-defense.
The investigation of the case was conducted by the Federal Bureau of Investigation and the Virginia State Police. United States Attorney Thomas T. Cullen, Assistant United States Attorney Christopher Kavanaugh, and Assistant United States Attorney Justin Lugar are prosecuting the case for the United States.
Two Floridians Plead Guilty in Robbery of I-81 Travel Plaza in Wythe CountyRead the Press Release
Abingdon, VIRGINIA – A Florida man and woman, who traveled in a stolen vehicle and committed a robbery at the I-81 Travel Plaza in Wythe County, pleaded guilty last week in U.S. District Court in Abingdon to a series of related federal charges, United States Attorney Thomas T. Cullen announced.
Michael Anthony Wilson, 25 and Perla Isel Pineda-Osorio, 24, both of Sarasota, Fla., pleaded guilty last week, while a third defendant, Christyen Elijah Sumpter, is scheduled to plead guilty on July 25, 2019.
On Thursday, July 11, 2019, in U.S. District Court, both defendants pleaded guilty to one count of robbery by threatening physical violence, one count of transporting a vehicle in interstate commerce knowing the same vehicle to have been stolen, and one count of conspiracy to commit robbery, possess a motor vehicle that had crossed a state boundary after being stolen, and transporting in interstate commerce a vehicle that had been stolen.
“We are taking a zero-tolerance approach with individuals who commit acts of violence with firearms,” U.S. Attorney Cullen stated today. “Robbery can, under many circumstances, result in federal prosecution, and we are committed to working with our federal, state, and local partners to identify violent offenders and send them to federal prison.”
According to court documents, on May 28, 2018, an individual in South Carolina picked up Pineda-Osorio, Sumpter, and Wilson, who posed as hitchhikers. The three defendants pulled guns on the driver and demanded that he take them to various ATMs to withdraw money from his account. After taking the driver’s money, they abandoned him on the side of the rode and stole his vehicle. Pineda-Osorio, Sumpter, and Wilson then proceeded to Charlotte, North Carolina, where they robbed a convenience store. The three committed a similar armed robbery at a store in Jonesville, North Carolina. Later that same night, all three committed another robbery at the I-81 Travel Plaza in Wythe County, Virginia. Soon after the robbery, law enforcement spotted the stolen vehicle in which they were traveling and a high-speed chase ensued. The vehicle eventually crashed and the defendants were taken into custody. The guns used in the robberies were recovered and, while looking like real firearms, were determined to be BB guns. At sentencing, the defendants each face a maximum of thirty-five years in prison.
The investigation of the case was conducted by the Bureau of Alcohol, Tobacco, Firearms, and Explosives and Wythe County (VA) Sheriff’s Office, with assistance by Charlotte Mecklenburg (NC) Police Department, Jonesville (NC) Police Department, Montgomery County (VA) Sheriff’s Office, New River Valley (VA) Regional Jail, Orangeburg (SC) Department of Public Safety, Pulaski County (VA) Sheriff’s Office, Sarasota (FL) Police Department, South Carolina State Police, and Virginia State Police.
Assistant United States Attorney Randy Ramseyer is prosecuting the case for the United States.
Justice Department Obtains $1.4 Billion from Reckitt Benckiser Group in Largest Recovery in a Case Concerning an Opioid Drug in United States HistoryRead the Press Release
Note: Relevant documents can be found here:
Forfeiture Settlement Agreement 1 (Includes Non Prosecution Agreement, Civil Settlement Agreement, and Tolling Agreement) Forfeiture Complaint Forfeiture Settlement Agreement 2 FTC Joint Motion for Stipulated Order FTC ComplaintABINGDON, VA – Global consumer goods conglomerate Reckitt Benckiser Group plc (RB Group) has agreed to pay $1.4 billion to resolve its potential criminal and civil liability related to a federal investigation of the marketing of the opioid addiction treatment drug Suboxone. The resolution – the largest recovery by the United States in a case concerning an opioid drug – includes the forfeiture of proceeds totaling $647 million, civil settlements with the federal government and the states totaling $700 million, and an administrative resolution with the Federal Trade Commission for $50 million.
Suboxone is a drug product approved for use by recovering opioid addicts to avoid or reduce withdrawal symptoms while they undergo treatment. Suboxone and its active ingredient, buprenorphine, are powerful and addictive opioids.
“The opioid epidemic continues to be a serious crisis for our nation, and I’m proud of the work the Department of Justice and our partners are doing to address this epidemic,” said Principal Deputy Associate Attorney General Claire Murray.
“We are confronting the deadliest drug crisis in our nation’s history. Opioid withdrawal is difficult, painful, and sometimes dangerous; people struggling to overcome addiction face challenges that can often seem insurmountable,” said Assistant Attorney General Jody Hunt for the Department of Justice’s Civil Division. “Drug manufacturers marketing products to help opioid addicts are expected to do so honestly and responsibly.”
Resolution of the Criminal Investigation
Until December 2014, RB Group’s wholly owned subsidiary, Indivior Inc. (then known as Reckitt Benckiser Pharmaceuticals Inc.) marketed and sold Suboxone throughout the United States. In December 2014, RB Group spun off Indivior Inc., and the two companies are no longer affiliated. On April 9, a federal grand jury sitting in Abingdon, Virginia, indicted Indivior for allegedly engaging in an illicit nationwide scheme to increase prescriptions of Suboxone. The United States’ criminal trial against Indivior is scheduled to begin on May 11, 2020, in the United States District Court in Abingdon, Virginia. Indivior is presumed innocent until proven guilty.
To resolve its potential criminal liability stemming from the conduct alleged in the indictment of Indivior, RB Group has executed a non-prosecution agreement that requires the company to forfeit $647 million of proceeds it received from Indivior and not to manufacture, market, or sell Schedule I, II, or III controlled substances in the United States for three years. In addition, RB Group has agreed to cooperate fully with all investigations and prosecutions by the Department of Justice related, in any way, to Suboxone.
“Today’s announcement demonstrates that this office will work tirelessly to address all facets of the opioid epidemic,” First Assistant United States Attorney Daniel P. Bubar of the Western District of Virginia said. “This historic resolution is the product of a continued partnership with the Virginia Medicaid Fraud Control Unit, FDA, HHS, and the U.S. Postal Service.”
“This is a landmark moment in our fight to hold drug companies responsible for their role in the opioid crisis,” said Virginia Attorney General Mark Herring. “We will not allow anyone to put profits over people, or to exacerbate or exploit the opioid crisis for their own benefit. The Virginia Medicaid Fraud Control Unit’s expertise, capacity, and diligent investigation, combined with strong relationships with local, state, and federal partners, helped make this resolution possible.”
“Opioid addiction and abuse is an immense public health crisis and taking steps to address it is one the FDA’s highest priorities,” said Acting FDA Commissioner Ned Sharpless, M.D. “Providing misleading information about product benefits puts the public at risk. We also are particularly concerned with schemes to game the drug approval process to prevent generic competition for important medicines. The FDA, including criminal investigators in our Office of Regulatory Affairs and the lawyers in our Office of Chief Counsel, will continue to work with the Department of Justice to investigate and hold accountable those who devise and participate in schemes to the detriment of the public health.”
“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. To report fraud or other criminal activity involving the Postal Service, contact our special agents at www.uspsoig.gov or 888-USPS-OIG.”
According to the indictment, Indivior—including during the time when it was a subsidiary of RB Group—promoted the film version of Suboxone (Suboxone Film) to physicians, pharmacists, Medicaid administrators, and others across the country as less-divertible and less-abusable and safer around children, families, and communities than other buprenorphine drugs, even though such claims have never been established.
The indictment further alleges that Indivior touted its “Here to Help” internet and telephone program as a resource for opioid-addicted patients. Instead, however, Indivior used the program, in part, to connect patients to doctors it knew were prescribing Suboxone and other opioids to more patients than allowed by federal law, at high doses, and in a careless and clinically unwarranted manner.
The indictment also alleges that, to further its scheme, Indivior announced a “discontinuance” of its tablet form of Suboxone based on supposed “concerns regarding pediatric exposure” to tablets, despite Indivior executives’ knowledge that the primary reason for the discontinuance was to delay the Food and Drug Administration’s approval of generic tablet forms of the drug.
The indictment alleges Indivior’s scheme was highly successful, fraudulently converting thousands of opioid-addicted patients over to Suboxone Film and causing state Medicaid programs to expand and maintain coverage of Suboxone Film at substantial cost to the government.
The Civil Settlement
Under the civil settlement, RB Group has agreed to pay a total of $700 million to resolve claims that the marketing of Suboxone caused false claims to be submitted to government health care programs. The $700 million settlement amount includes $500 million to the federal government and up to $200 million to states that opt to participate in the agreement. The claims settled by the civil agreement are allegations only and there has been no determination of liability.
The civil settlement addresses allegations by the United States that, from 2010 through 2014, RB Group directly or through its subsidiaries knowingly: (a) promoted the sale and use of Suboxone to physicians who were writing prescriptions without any counseling or psychosocial support and for uses that were unsafe, ineffective, and medically unnecessary and that were often diverted for uses that lacked a legitimate medical purpose; (b) promoted the sale or use of Suboxone Film to physicians and state Medicaid agencies using false and misleading claims that Suboxone Film was less susceptible to diversion and abuse than other buprenorphine products and that Suboxone Film was less susceptible to accidental pediatric exposure than tablets; and (c) submitted a petition to the Food and Drug Administration on Sept. 25, 2012, claiming that Suboxone Tablet had been discontinued “due to safety concerns” about the tablet formulation of the drug and took other steps to delay the entry of generic competition for Suboxone in order to improperly control pricing of Suboxone, including pricing to federal healthcare programs.
“With the nation continuing to battle the opioid crisis, the availability of quality addiction treatment options is critical. When treatment medications are used, it is essential they be prescribed carefully, legally, and based on accurate information, to protect the health and safety of patients in federal healthcare programs,” said Gary L. Cantrell, Deputy Inspector General for Investigations at the U.S. Department of Health and Human Services. “Along with our federal and state law enforcement partners we will continue working to protect these vulnerable beneficiaries.”
“Opioid manufacturers – like all drug manufacturers – have a duty to market their products both truthfully and safely,” said Craig Carpenito, U.S. Attorney for New Jersey. “Opioid manufacturers have an additional and critically important duty to maintain effective controls to prevent their highly dangerous products from being abused and diverted.”
“The opioid crisis has caused devastation throughout the country, including in the lives of Federal employees, annuitants, and their families,” said Thomas W. South, Deputy Assistant Inspector General for Investigations for the Office of Personnel Management. “The OPM OIG is committed to working with the Department of Justice and our other law enforcement partners to combat this epidemic. As always, patient safety is our number one priority.”
The civil settlement resolves the claims against RB Group in six lawsuits pending in federal court in the Western District of Virginia and the District of New Jersey under the qui tam, or whistleblower provisions of the False Claims Act, which allow private citizens to bring civil actions on behalf of the United States and share in any recovery.
FTC Resolution
Under a separate agreement with the Federal Trade Commission (FTC), RB Group has agreed to pay $50 million to resolve claims that it engaged in unfair methods of competition in violation of the Federal Trade Commission Act, 15 U.S.C. § 53(b). The FTC is filing a complaint in the United States District Court for the Western District of Virginia alleging anticompetitive activities by RB Group designed to impede competition from generic equivalents of Suboxone. RB Group no longer manufactures or markets drug products. As part of a consent decree, RB Group agreed that it would notify the FTC if it began marketing drug products in the United States. RB Group further agreed that if it filed a Citizen Petition with the FDA in connection with a drug product, it would simultaneously disclose to both the FDA and the FTC all studies and data relevant to that Citizen Petition. RB Group further agreed not to withdraw a drug from the market or otherwise disadvantage a drug after obtaining approval to market another drug containing the same active ingredient.
“Buprenorphine products are approved for use in the treatment of Americans struggling to overcome opioid addiction, and, in the middle of the nation’s opioid crisis, RB Group allegedly sought to deny those consumers a lower-cost generic alternative to maintain its lucrative monopoly on the branded drug,” said Gail Levine, a Deputy Director of the FTC’s Bureau of Competition.
A Multilateral Effort
The criminal resolution with RB Group was handled by the U.S. Attorney’s Office for the Western District of Virginia and the Department of Justice’s Consumer Protection Branch based on an investigation by the Virginia Attorney General’s Medicaid Fraud Control Unit; FDA - Office of Criminal Investigation; United States Postal Service – Office of Inspector General; and Department of Health and Human Services - Office of Inspector General. The civil settlement was handled by the Civil Division’s Commercial Litigation Branch, the U.S. Attorney’s Office for the Western District of Virginia, and the U.S. Attorney’s Office for the District of New Jersey. Assistance was provided by representatives of the HHS Office of Counsel to the Inspector General; the HHS Office of the General Counsel, CMS Division; FDA’s Office of Chief Counsel; the U.S. Department of Agriculture Office of the General Counsel; the National Association of Medicaid Fraud Control Units; the Defense Criminal Investigative Service; the Office of Personnel Management - Office of Inspector General; the Department of Veterans’ Affairs Office of Inspector General; the Department of Labor - Office of Inspector General; and TRICARE Program Integrity.
Saltville Man Sentenced to 262 Months in Prison for Role in Methamphetamine ConspiracyRead the Press Release
Abingdon, VIRGINIA – Jeremy Olinger, the second defendant to be sentenced after being convicted of conspiring to traffic methamphetamine in Smyth County, was sentenced last week to 262 months in federal prison, United States Attorney Thomas T. Cullen and Virginia Attorney General Mark Herring announced.
Olinger, 38, previously pleaded guilty to one count of conspiring to distribute and possess with the intent to distribute 500 grams or more of methamphetamine and one count of possessing with the intent to distribute and distributing 500 grams or more of methamphetamine. On June 3, 2019, Adam Conley, 37, of Glade Spring, Va., was sentenced to 60 months in prison for his role in the conspiracy.
Two other co-defendants, Amanda Crystal Moore, 31, of Chilhowie, Va., and Michelle Renee Boardwine, 36, of Saltville, Va., will be sentenced later this year.
“Methamphetamine is a deadly drug that has devastating effects on our communities,” U.S. Attorney Cullen stated today. “I am grateful for the dedication of our law enforcement partners in disrupting this major source of supply in southwest Virginia and sending him to federal prison for over 20 years.”
“Our communities continue to suffer from the effects of dangerous drugs, like crystal ice methamphetamine,” Attorney General Herring stated today. “We will continue to aggressively prosecute those who bring this drug into the Commonwealth and work with our law enforcement partners to keep the Commonwealth safe.”
According to documents filed with the court, from September 2015 through November 2016, Olinger conspired with at least five individuals to distribute methamphetamine throughout the Western District of Virginia, and elsewhere. Specifically, Olinger admitted to obtaining “crystal ice” methamphetamine, a potent form of the drug, by the pound, two or three times per week, sometimes traveling to sources located in California. The crystal ice Olinger obtained and distributed was an extremely pure form of the drug. Once obtaining the drug, Olinger further distributed it to his sources of distribution as a source of personal income. Olinger admitted to trafficking 5 to 15 kilograms of crystal ice during the life of this conspiracy.
The investigation of the case was conducted by the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Drug Enforcement Administration, the Smyth County Sheriff’s Office, and the Smyth County Commonwealth Attorney’s Office. Special Assistant United States Attorney M. Suzanne Kerney-Quillen, a Virginia Assistant Attorney General assigned to the Attorney General’s Major Crimes and Emerging Threats Section, and Special Assistant United States Attorney Roy Evans are prosecuting the case for the United States.
Norton Doctor Arrested on Federal Criminal ComplaintRead the Press Release
Abingdon, VIRGINIA – Dr. Raymond Michael Moore, a Norton-based, licensed, medical doctor, was arrested this morning and charged via federal criminal complaint with obtaining schedule II and schedule IV controlled substances by fraud or misrepresentation, failing to maintain proper records for schedule II and schedule IV controlled substances, and making false statements. United States Attorney Thomas T. Cullen and Virginia Attorney General Mark Herring made the announcement.
The criminal complaint charges Moore, 61, of Wise, Va., with one count of acquiring, obtaining, or possessing schedule II and schedule IV controlled substances by misrepresentation, fraud, forgery, deception, or subterfuge, one count of failing to maintaining records for schedule II and schedule IV controlled substances received, delivered or shipped and one count of making false statements.
“It is critical that physicians and other health-care providers who prescribe controlled substances scrupulously follow the law and standards of care to ensure that these drugs are not diverted and abused,” U.S. Attorney Cullen stated today. “When these medical professionals violate their Hippocratic oaths – and essentially act as drug dealers – we will use all available resources to send them to federal prison.”
“It’s so critical that we maintain tight controls over the supply of prescription drugs because opioid abuse and dependence often has its roots in the medicine cabinet with the misuse of prescription medications,” said Attorney General Herring.
“This is once again a prime example of why the DEA’s Tactical Diversion Squads were formed throughout the nation,” said Jesse Fong Special Agent in Charge of the Washington Division Office. “We have no higher priority than investigating drug-dealing physicians and other corrupt health-care practitioners and putting them in federal prison. Doctor Moore flooded Southwestern Virginia, with his opioid prescriptions. The Drug Enforcement Administration’s Tactical Diversion Squads will relentlessly investigate and arrest these drug dealers disguised as doctors.”
According to documents filed with the court, beginning in July 2016 and continuing to January 2019, Moore intentionally, and without authority, acquired and possessed hydrocodone tablets, oxycodone-acetaminophen tablets, fentanyl transdermal system, meperidine tablets, Alprazolam tablets, Lorazepam tablets, clonazepam tablets, tramadol, and diazepam, through fraud, forgery or deception. The defendant also failed to maintain the required records for these controlled substances.
Search warrants executed at the home and medical offices of Moore revealed many of the same schedule II and schedule IV controlled substances were found at Moore’s home. The results of the search led investigators to conclude that Moore was unlawfully prescribing schedule II and schedule IV medication to patients in order for the same medication to be returned to Moore for personal ingestion.
This case was brought by the Appalachian Regional Prescription Opioid Strike Force. The investigation of the case was conducted by the Roanoke Office of the Drug Enforcement Administration’s Tactical Diversion Squad. The Department of Health and Human Services Office of Inspector General, Virginia State Police, Southwest Virginia Drug Task Force, Wise County Sheriff’s Office, Wise County Commonwealth’s Attorney’s Office, Norton Police Department, and Town of Wise Police Department assisted with the search warrant executions. Special Assistant United States Attorney Suzanne Kerney-Quillen, a Virginia Assistant Attorney General assigned to the Major Crimes and Emerging Threats Unit, will prosecute the case for the United States.
A criminal complaint is only a charge and not evidence of guilt. The defendant is entitled to a fair trial with the burden on the government to prove guilt beyond a reasonable doubt.
Six Plead Guilty to Defrauding the United StatesRead the Press Release
Abingdon, VIRGINIA – Two employees of Kennedy Industrial Electronics, and their wives, have pleaded guilty to a payroll tax scheme that dates back at least 15 years and with defrauding the United States out of more than $907,000 of disability benefits, in addition to $148,000 in employment taxes, United States Attorney Thomas T. Cullen announced today. An additional employee was indicted by a federal grand jury on June 25, 2019, on similar charges.
Yesterday in U.S. District Court in Abingdon, Harold Kennedy, 64, and Hollie Kennedy, 67, both of Lebanon, Va., the owners of Kennedy Industrial Electronics, Inc., pleaded guilty to one count of conspiracy to defraud the United States and one count of failing to pay over and collect employment taxes.
Last week, Danny M. Hill, 70, of Lebanon, Va., pleaded guilty to one count of conspiracy to defraud the United States. Geneva Hill, 64, of Lebanon, Va., pleaded guilty to one count of causing to be made a false representation concerning the requirements of the Social Security Act. In addition, last week Gerald Lee Stevens, 45, of Lebanon, Va., pleaded guilty to one count of conspiracy to defraud the United States. Teena Charlene Stevens, 47, of Lebanon, Va., pleaded guilty to one count of causing to be made a false representation concerning the requirements of the Social Security Act. Ricky Allen Matney, 58, of Honaker, Va., was indicted on one count of conspiracy to defraud the United States and two counts of providing false information to the Social Security Administration.
“Disability, payroll, and other types of employment fraud are serious federal crimes and ones that, collectively, put a significant burden on vital government programs,” U.S. Attorney Cullen stated today. “As this case indicates, the Department of Justice will vigorously investigate and prosecute these types of workplace-fraud schemes and hold those who profit from illegal activities accountable.”
According to documents filed with the court, between 2001 and 2015 the defendants conspired to defraud the United States through a scheme in which Harold and Hollie Kennedy, the owners of Kennedy Industrial Electronics, failed to report approximately $148,000 in employment taxes. Those taxes were owed through hours worked by employees Danny Hill, Gerald Stevens, and Ricky Matney.
However, Danny Hill, Gerald Stevens, and Ricky Matney were each receiving disability benefits from the Social Security Administration and therefore unable to earn additional income without reporting. As a result, the conspirators issued checks to their spouses, Geneva Hill and Teena Stevens, and others.
Defendants Danny Hill, Gerald Stevens, Ricky Matney, Harold Kennedy, and Hollie Kennedy each face a prison sentence of up to five years on the conspiracy charge.
The investigation of the case was conducted by the Internal Revenue Service (Criminal Investigations), the Social Security Administration Office of the Inspector General, and the Russell County Sheriff’s Office. Assistant United States Attorney Lena Busscher is prosecuting the case for the United States.
Ohio Man Sentenced to Life in Prison for Federal Hate Crimes Related to August 2017 Car Attack at Rally in Charlottesville, VirginiaRead the Press Release
WASHINGTON – James Alex Fields Jr., 22, the Ohio man who drove his car into a crowd of counter-protestors at the “Unite the Right Rally” on Aug. 12, 2017, killing one woman and injuring dozens, was sentenced today in the Western District of Virginia to life in prison for his crimes. Fields previously pleaded guilty to 29 violations of the Matthew Shepard and James Byrd Jr. Hate Crimes Prevention Act, 18 U.S.C. § 249, for the attack.
“Hatred and bigotry have no place in our nation. Violent actions inspired by such warped thinking are a disgrace to our people and our values, and the Department of Justice will not tolerate such depraved acts,” said Assistant Attorney General Eric Dreiband. “Prosecuting hate crimes and acts of domestic terrorism continues to be a top priority for the Department of Justice. Anyone who commits a crime motivated by hatred for the race, color, religion, national origin or other protected trait of any person should be on notice: the United States government will use its enormous power to bring perpetrators to justice, and we will continue to do so for as long as it takes to rid our nation of these vile and monstrous crimes.”
“On August 12, 2017, this defendant committed a hate-inspired act of domestic terrorism that killed 32-year-old Heather Heyer and injured over 30 peaceful protesters,” U.S. Attorney Thomas T. Cullen stated. “We believe that his life sentence furthers the Department of Justice’s substantial interest in prosecuting hate crimes and protecting the civil rights of all Americans. We are grateful for the dedication and hard work of the FBI and the Virginia State Police in investigating this matter and bringing the defendant to justice.”
“Hate crimes are not just an attack on the victim: they are also meant to threaten and intimidate an entire community,” said Special Agent in Charge David Archey of the FBI’s Richmond Division. “This is also a case of domestic terrorism, and we must send a message that terrorism and hatred-inspired violence have no place in our communities. The FBI will continue to work with our law enforcement partners to ensure Virginia’s citizens do not fall victim to violence because of hateful ideologies or intolerance of others. The FBI is grateful to the Office of the United States Attorney, the Virginia State Police, the Charlottesville Police Department, and to all the members of the public who assisted in this investigation.”
At his plea hearing on March 27, Fields admitted under oath that he drove into the crowd of counter-protestors because of the actual and perceived race, color, national origin, and religion of its members. He further admitted that his actions killed Heather Heyer, and that he intended to kill the other victims he struck and injured with his car in the crowd.
Fields also admitted that, prior to Aug. 12, 2017, he used social media accounts to express and promote white supremacist views; to express support for the social and racial policies of Adolf Hitler and Nazi-era Germany, including the Holocaust; and to espouse violence against African Americans, Jewish people, and members of other racial, ethnic, and religious groups he perceived to be non-white.
Fields further admitted that, on Aug. 12, 2017, he attended the “Unite the Right” rally in Emancipation Park in Charlottesville, Virginia. That morning, multiple groups and individuals espousing white-supremacist ideology also attended the rally. These rally participants, including Fields, engaged in chants promoting or expressing white supremacist and other racist and anti-Semitic views.
Shortly before the scheduled start of the Unite the Right rally, law enforcement declared an “unlawful assembly” and required rally participants, including Fields, to disperse. Fields later returned to his vehicle and began to drive on the streets of Charlottesville, Virginia.
Fields drove his car onto Fourth Street, a narrow, downhill, one-way street in downtown Charlottesville. At or around that same time, a racially and ethnically diverse crowd had gathered at the bottom of the hill, at the intersection of Fourth and Water Streets. Many of the individuals in the crowd were celebrating as they were chanting and carrying signs promoting equality and protesting against racial and other forms of discrimination. Fields slowly proceeded in his vehicle down Fourth Street toward the crowd. He then stopped and observed the crowd while idling in his vehicle. With no vehicle behind him, Fields then slowly reversed his vehicle toward the top of the hill and away from the crowd of counter-protestors.
At or around that same time, the members of the crowd began to walk up the hill, populating the streets and sidewalks between the buildings on Fourth Street. Having reversed his car to a point at or near the top of the hill and the intersection of Fourth and Market Streets, Fields stopped again. Fields admitted that he then rapidly accelerated forward down Fourth Street in his vehicle, running through a stop sign and across a raised pedestrian mall, and drove directly into the crowd. Fields’s vehicle stopped only when it struck another stopped vehicle near the intersection of Fourth and Water Streets. Fields then rapidly reversed his car and fled the scene. As Fields drove into and through the crowd, Fields struck numerous individuals, killing Heather Heyer and injuring dozens of people nearby.
The investigation of the case was led by the FBI and was supported by the Charlottesville Police Department and the Virginia State Police. The case is being prosecuted by United States Attorney Thomas T. Cullen, Assistant United States Attorney Christopher Kavanaugh, and Trial Attorney Risa Berkower of the Justice Department’s Civil Rights Division.