Western District of Virginia
Press releases recorded for this federal judicial district.
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
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.
For more information about Department of Justice’s work to combat and prevent hate crimes, visit www.justice.gov/hatecrimes: a one-stop portal with links to Department of Justice hate crimes resources for law enforcement, media, researchers, victims, advocacy groups, and other organizations and individuals.
Former Superintendent of Rockbridge County Regional Jail Charged in Superseding IndictedRead the Press Release
Lynchburg, VIRGINIA – A federal grand jury sitting in U.S. District Court for the Western District of Virginia in Roanoke returned a superseding indictment yesterday. The superseding indictment still contains the original charges against two former Rockbridge County Regional Jail officials, including federal civil rights violations, falsifying documents to obstruct justice, but also charges the former superintendent of the jail with mail fraud, and conspiracy to commit mail fraud. First Assistant United States Attorney Daniel P. Bubar and David Archey, Special Agent in Charge of the FBI’s Richmond Division made the announcement.
In a superseding indictment returned yesterday, the grand jury charged John Marshal Higgins, 61, of Lexington, Va., with four counts of deprivation of rights under color of law, with two of the four counts alleging that Higgins denied detainees medical care of their serious medical needs, resulting in bodily injury, two counts of conspiracy to commit mail fraud, and 15 counts of mail fraud.
In addition, Gary Andrew Hassler, 59, of Lexington, Va., is charged with two counts of falsifying documents in order to obstruct a federal investigation.
According to the superseding indictment, during his tenure as superintendent of the jail, Higgins, acting under the color of law, failed to protect the rights of inmates at the Rockbridge County Regional Jail from physical abuse, which resulted in serious bodily injury to the inmates.
In addition, the indictment alleges that Higgins, acting under the color of law, failed to protect the rights of inmates at the regional jail by failing to provide inmates with medical treatment, resulting in bodily injury.
The indictment also accuses Hassler, the former head nurse at Rockbridge County Regional Jail, with falsifying medical documents to impede a federal investigation. Specifically, on or about March 5, 2017, the indictment claims that Hassler falsified a jail medical log for an inmate by falsely claiming that on February 28, 2017, the inmate refused his medication. Additionally, Hassler is accused of falsifying a Rockbridge Regional Jail Incident Report dated March 5, 2017 by falsely reporting an inmate refused medical care on March 1, 2017.
The new charges in the superseding the indictment allege that Higgins, while superintendent of the jail, agreed to accept prescription drugs for his own personal use without charge from a pharmaceutical company contracted to provide medication to inmates at the Rockbridge Regional Jail in exchange for the jail maintaining a business relationship with the pharmaceutical company.
Furthermore, the new charges in the superseding indictment allege that Higgins agreed to accept things of value from the family of an inmate at the Rockbridge Regional Jail in exchange for providing preferential treatment to the inmate.
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 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.
Abingdon Man Sentenced for Illegal Possession of a FirearmRead the Press Release
Abingdon, VIRGINIA – An Abingdon man, who posted pictures on social media of himself posing with a rifle and appearing to be high on drugs while making threats to others, was sentenced last week in U.S. District Court to 41 months in prison after previously pleading guilty to illegally possessing a firearm as a convicted felon and distribution of cocaine, United States Attorney Thomas T. Cullen and Virginia Attorney General Mark R. Herring announced today.
Christopher Lewis Johnson, 27, previously pleaded guilty to a two count Indictment charging him with the illegal possession of firearms and ammunition after previously being convicted of a felony punishable for a term of more than one year and distribution of cocaine.
According to documents filed with the court, the Washington County Sheriff’s Office received a call on August 22, 2018, that Johnson had posted pictures and videos online that appeared to show him high on drugs, armed with a rifle, and making threats to himself and others. It also appeared that Johnson was actively searching online for drugs and drug dealers. When authorities from the Washington County Sheriff’s Office and agents with the Bureau of Alcohol, Tobacco, Firearms and Explosives responded, Johnson came out of his apartment armed with an AR-riffle and, after a struggle, was taken into custody. Witnesses also described Johnson as armed and told police he was known to shoot exploding targets outside of his apartment. Court documents further revealed that on a separate occasion, Johnson distributed cocaine to a confidential informant working with the Washington County Sheriff’s Office.
The investigation of the case was conducted by the Bureau of Alcohol, Tobacco, Firearms, and Explosives and the Washington 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, prosecuted the case for the United States.
Final Defendant Sentenced in Methamphetamine Trafficking ConspiracyRead the Press Release
Abingdon, VIRGINIA – Kevin Thomas Seigler was sentenced this week to 286 months in prison for his role in a conspiracy that trafficked large amounts of methamphetamine and opioids from Nevada into Southwest Virginia and Eastern Kentucky, United States Attorney Thomas T. Cullen announced.
Seigler, 36, of Las Vegas, was previously convicted of one count of conspiracy to distribute 500 grams or more of methamphetamine and conspiracy to use a communication facility to facilitate a drug trafficking offense and one count of failure to appear. In addition, $19,669 in U.S. currency was seized from Seigler and forfeited as proceeds of drug trafficking.
“I am grateful for the dedication and hard work of our federal, state, and local law-enforcement partners in dismantling this large drug-trafficking ring and sending 32 of its members to federal prison,” U.S. Attorney Cullen stated today. “We will continue to target the individuals and organizations responsible for distributing large quantities of these deadly drugs into our communities.”
In late 2016, law enforcement agencies, led by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Drug Enforcement Administration, and assisted by agencies from across southwest Virginia and Las Vegas, Nevada, charged 32 individuals with conspiring to commit money laundering and to distribute methamphetamine, oxycodone, and buprenorphine. The investigation, Operation Leaving Las Vegas, accused 32 individuals of being members of a drug trafficking organization that shipped methamphetamine, oxycodone, and buprenorphine from Las Vegas into Southwest Virginia, Eastern Kentucky and elsewhere. Evidence presented at Seigler’s trial demonstrated that Seigler was a member of the organization and was responsible for supplying quantities of methamphetamine that were then shipped to Southwest Virginia. In March 2016, officers with the Las Vegas Metropolitan Police Department seized two pounds of methamphetamine that had been sold by Seigler to another member of the organization and also recovered $19,669 in U.S. currency from Seigler’s residence. Seigler also previously pleaded guilty to one count of failing to appear for a trial scheduled in May 2017.
To date, all of the 32 defendants charged have been convicted of federal drug conspiracy and money laundering charges and sentenced. Additionally, throughout the course of the investigation, more than $60,000 in currency has been seized and money judgments totaling $995,074.52 have been ordered. Those previously sentenced are:
- Richard Henry Kayian, 58, Las Vegas, Nevada - 324 months imprisonment and ordered to pay a forfeiture money judgment in the amount of $743,441.52, for one count of conspiracy to distribute 500 grams of methamphetamine and oxycodone, and one count of money laundering.
- Stephen Cino, 52, Henderson, Nevada – 292 months imprisonment and ordered to pay a forfeiture money judgment of $251,633.00 for one count of conspiracy to distribute 500 grams or more of methamphetamine, oxycodone and buprenorphine, and one count of money laundering.
- Tracey Allen Callihan, 49, Glade Spring, Virginia - 324 months imprisonment and ordered to pay a forfeiture money judgment of $30,000.00 for one count of conspiracy to distribute 500 grams or more of methamphetamine and oxycodone, and one count of money laundering.
- Brandon Lee Stone, 33, Abingdon, Virginia – 300 months imprisonment for one count of conspiracy to distribute 500 grams or more of methamphetamine, oxycodone and buprenorphine, and one count of money laundering.
- Misael Reyes Tajimaroa, 32, Spokane, Washington – 192 months imprisonment for one count of conspiracy to distribute 500 grams or more of methamphetamine, oxycodone and buprenorphine, and one count of money laundering.
- Bradley Lee Chapman, 28, Bristol, Virginia - 135 months imprisonment for one count of conspiracy to distribute methamphetamine, oxycodone and buprenorphine, and one count of money laundering.
- Kaitlynn Elizabeth Chapman, 26, Bristol, Virginia – 72 months imprisonment for one count of conspiracy to distribute methamphetamine, oxycodone and buprenorphine, and one count of money laundering.
- John Williams, 50, Glade Spring, Virginia – 18 months imprisonment and a $2,500 fine for one count of conspiracy to use a communications facility to facilitate a drug trafficking offense.
- Rebecca Williams, 51, Abingdon, Virginia – 108 months imprisonment for one count of conspiracy to distribute methamphetamine.
- Heather Michelle Sullins, 27, Abingdon, Virginia – 30 months imprisonment for one count of conspiracy to distribute methamphetamine, oxycodone and buprenorphine.
- Alex Michael Kayian, 23, Bristol, Virginia - 72 months imprisonment for one count of conspiracy to distribute methamphetamine, oxycodone and buprenorphine, and one count of money laundering.
- Ralph Stewart Dingus, 27, Abingdon, Virginia - 37 months imprisonment for one count of conspiracy to distribute methamphetamine.
- John Dewayne Farmer, 32, Abingdon, Virginia - 240 months imprisonment for one count of conspiracy to distribute methamphetamine and one count of money laundering.
- Lola Virginia Farmer, 52, Abingdon, Virginia - 87 months imprisonment for one count of conspiracy to distribute methamphetamine.
- Shauna Nicole Chafin, 36, Abingdon, Virginia - 97 months imprisonment for one count of conspiracy to distribute 500 grams or more of methamphetamine, oxycodone and buprenorphine.
- William Wesley Fleenor, 29, Abingdon, Virginia - 79 months imprisonment for one count of conspiracy to distribute methamphetamine.
- Jeffrey Nathaniel Gobble, 25, Abingdon, Virginia - 46 months imprisonment for one count of conspiracy to distribute methamphetamine.
- Preston Kyle Lawson, 21, Abingdon, Virginia - 46 months imprisonment for one count of conspiracy to distribute methamphetamine.
- Gary Chapman, 47, Clay City, Kentucky - 151 months imprisonment for one count of conspiracy to distribute 500 grams or more of methamphetamine.
- Daniel Corey Cantrell, 25, Abingdon, Virginia - 37 months imprisonment for one count of conspiracy to distribute methamphetamine.
- Tanner Morris Curd, 23, Meadowview, Virginia - 84 months imprisonment for one count of conspiracy to distribute methamphetamine.
- Amy Lorene Moser, 52, Abingdon, Virginia -100 months imprisonment for one count of conspiracy to distribute methamphetamine.
- Steven Salyer, 27, Abingdon, Virginia - 87 months imprisonment for one count of conspiracy to distribute methamphetamine.
- Brandon Cody Trivett, 23, Abingdon, Virginia - 30 months imprisonment for one count of conspiracy to distribute methamphetamine.
- Brian Edward Widener, 30, Abingdon, Virginia – 46 months imprisonment for one count of conspiracy to distribute methamphetamine.
- Justin Lowe, 24, Abingdon, Virginia – 41 months imprisonment for one count of conspiracy to distribute methamphetamine.
- Lamar Skipper, 27, Chilhowie, Virginia - four years’ probation for one count of conspiracy to distribute oxycodone and one count of money laundering
- Gary Brandon Childress, 25, Abingdon, Virginia - three years’ probation for one count of conspiracy to distribute oxycodone.
- Austin Obranovic Boardwine, 24, Abingdon, Virginia - four years’ probation for one count of conspiracy to distribute oxycodone and buprenorphine.
- Caleb Dean, 28, Damascus, Virginia – 48 months imprisonment for one count of conspiracy to distribute methamphetamine and oxycodone.
- Charlene Hale, 25, Bristol, Tennessee – four years’ probation for one count of conspiracy to distribute methamphetamine and oxycodone.
The investigation of the case was conducted by the Drug Enforcement Administration, Bureau of Alcohol, Tobacco, Firearms, and Explosives, Internal Revenue Service Criminal Investigations, United States Marshals Service, Virginia State Police, Washington County, Virginia Sheriff’s Office, Abingdon Police Department, Marion Police Department, Smyth County, Virginia Sheriff’s Office and Las Vegas Metropolitan Police Department. Assistant United States Attorneys Cagle Juhan and Zachary T. Lee are prosecuting the case for the United States.
Husband and Wife Who Coordinated Delivery of Methamphetamine from California to Virginia Are Sentenced to Lengthy Terms in Federal PrisonRead the Press Release
Abingdon, VIRGINIA – A husband and wife, who along with several others trafficked large amounts of methamphetamine from California into Southwest Virginia, were sentenced yesterday in U.S. District Court in Abingdon, United States Attorney Thomas T. Cullen announced.
Justin Edward Hale, 38, and Elizabeth Hale, 40, both of Meadowview, Va., were sentenced yesterday in Federal Court. Justin Hale was sentenced to 360 months in prison. Elizabeth Hale was sentenced to 192 months in prison. In January 2019, both defendants pleaded guilty to one count of conspiracy to distribute 500 grams or more of methamphetamine and one count of possession with the intent to distribute 500 grams of methamphetamine.
“These defendants not only brought huge quantities of methamphetamine into Southwest Virginia, but they utilized firearms and threats of violence in furtherance of their drug trade,” U.S. Attorney Cullen stated today. “As a result, they will spend the better parts of their lives in federal prison. We will continue to work closely with our federal, state, and local partners to dismantle methamphetamine trafficking rings and hold dealers accountable.”
According to evidence presented at previous hearings by Assistant United States Attorney Zachary T. Lee, Justin and Elizabeth Hale coordinated the transportation of multi-pound packages of methamphetamine shipped from California to Abingdon. Once the drugs were in Abingdon, co-defendants Rhonda McDonald, Crystal Lyons, Jessica Dixon, and Michael Kestner received quantities of the drug from Justin Hale, which they then distributed in Marion and Abingdon, Virginia. Additionally, Dixon and Kestner were found to have used firearms to threaten and intimidate individuals who owed them money for methamphetamine.
In separate hearings in May 2019, Kestner was sentenced to 135 months in federal prison, Lyons was sentenced to 60 months, and McDonald was sentenced to 36 months. Dixon will be sentenced on June 25, 2019.
The investigation of the case was conducted by the Washington County Sheriff’s Office, the Smyth County Sheriff’s Office, the Abingdon Police Department, the Drug Enforcement Administration, and the Virginia State Police. Assistant United States Attorney Zachary Lee is prosecuting the case for the United States.
Winchester Woman Associated with Mexican Drug Cartel Sentenced for Role in Cocaine Distribution ConspiracyRead the Press Release
Harrisonburg, VIRGINIA – Judith Wright, a Winchester woman who trafficked cocaine for drug cartel members, was sentenced yesterday in U.S. District Court in Harrisonburg to 84 months of federal incarceration, United States Attorney Thomas T. Cullen announced.
“This defendant partnered with members and associates of the Mexican drug cartel known as CJNG, one of the most violent criminal organizations in the world, to sell cocaine in the Northern Shenandoah Valley,” U.S. Attorney Cullen stated. “As this case and other recent indictments indicate, we are committed to dismantling CJNG’s distribution networks in Western Virginia and stanching the flow of these deadly drugs.”
In February 2019, a jury convicted Wright, 38, of one count of conspiracy to distribute and possess with the intent to distribute cocaine. Evidence at trial established that Wright transported large shipments of cocaine into Virginia from California, and funneled money through her bank account, all at the direction of individuals associated with the Mexican Drug Cartel Jalisco Nueva Generacion (CJNG).
CJNG is one of the most powerful cartels in Mexico and the Department of Justice considers it to be one of the five most dangerous transnational criminal organizations in the world, responsible for trafficking many tons of cocaine, methamphetamine, and fentanyl-laced heroin into the United States, as well as for violence and significant loss of life in Mexico.
Wright drove a vehicle with a hidden compartment designed to conceal significant amounts of cocaine. Co-conspirator Blas Rodriguez-Avila, an associate of CJNG, paid Wright approximately $2,000 each time she made a trafficking trip from California to Virginia.
In addition, Wright allowed Rodriguez-Avila and other co-conspirators, including Oliva Parsons, to use Wright’s apartment to store and distribute cocaine. Wright allowed others to use a lockbox in her bedroom to conceal the drugs and to use Wright’s scales to weigh out the cocaine for customers.
The investigation of the case was conducted by the Drug Enforcement Administration, the Northwest Virginia Regional Drug and Gang Task Force (NWVRDGTF), the Department of Homeland Security-Homeland Security Investigations, the Bureau of Alcohol, Tobacco, Firearms and Explosives, and the Federal Bureau of Investigation. Assistant United States Attorney Erin M. Kulpa prosecuted the case for the United States.
This investigation was funded in part by the federal Organized Crime Drug Enforcement Task Force (OCDETF) Program. The OCDETF program supplies critical federal funding and coordination that allows federal and state agencies to work together to successfully identify, investigate, and prosecute major interstate and international drug trafficking organizations and other criminal enterprises.
The NWVRDGTF uses the combined efforts of local, state, and federal agencies to actively pursue those groups or individuals who manufacture, distribute, or sell illegal narcotics. The NWVRDGTF is comprised of the Virginia State Police, the Winchester Police Department, the Front Royal Police Department, the Strasburg Police Department, the Frederick County Sheriff’s Office, the Page County Sheriff’s Office, the Warren County Sheriff’s Office, the Shenandoah County Sheriff’s Office, and the Clarke County Sheriff’s Office.
Two Charged in Operation California Dreamin’ Sentenced This WeekRead the Press Release
Abingdon, VIRGINIA – A pair of defendants charged as part of Operation California Dreamin’, a large-scale investigation that charged 28 individuals with trafficking methamphetamine from California into Southwest Virginia, Northeast Tennessee, and Georgia, were sentenced this week in U.S. District Court in Abingdon, United States Attorney Thomas T. Cullen announced today.
“The scourge of methamphetamine trafficking and addiction remains the most serious public-safety issue facing far Southwest Virginia,” U.S. Attorney Cullen stated today. “We will continue to work closely with our federal, state, and local law partners to target and dismantle the drug-trafficking organizations responsible for importing this deadly substance from Mexico and selling it in our communities.”
Today in District Court, Melissa Barrett, 46, of Meadowview, Va., was sentenced to 168 months’ incarceration. Barrett previously pleaded guilty to one count of conspiracy to distribute methamphetamine and one count of distribution of methamphetamine.
Matthew Todd Mullins, 45, of Bristol, Va., was sentenced Monday, June 10, 2019 to 188 months’ incarceration. Mullins previously pleaded guilty to one count of conspiracy to distribute methamphetamine, one count of distribution of methamphetamine, and one count of manufacture counterfeit obligations.
According to previously submitted court documents, in early 2017, an investigation was opened to examine the trafficking of methamphetamine between California and Southwest Virginia and Northeast Tennessee. Law enforcement identified 28 individuals, located in California, Georgia, Virginia and Tennessee as being involved in the trafficking and distribution of methamphetamine.
In addition, the investigation further revealed that some alleged sources of supply from California temporarily relocated to the Bristol, Virginia and Tennessee region in order to better facilitate their drug distribution operations.
The investigation of the case is being conducted by the Abingdon Police Department, Virginia State Police, Washington County Sheriff’s Office, Bristol, Tennessee Police Department, Bristol, Virginia Police Department, the Sullivan County, Tennessee Second Judicial Drug Task Force, Sullivan County Sheriff’s Department, Commerce, Georgia Police Department, New Jersey State Police, the Drug Enforcement Administration, and the Bureau of Alcohol, Tobacco, Firearms, and Explosives, and the United States Postal Inspection Service. The Washington County Commonwealth’s Attorney’s Office, Bristol, Virginia Commonwealth’s Attorney’s Office, and the Sullivan County, District Attorney’s Office have assisted in the investigation. Western District of Virginia Criminal Chief Zachary T. Lee and Assistant United States Attorney Cagle Juhan are prosecuting the case for the United States.
Grand Jury Indicts 21 in Federal Drug Conspiracy Case Centered in Wise and Lee CountiesRead the Press Release
Abingdon, VIRGINIA – Twenty-one individuals from Wise and Lee counties in Southwest Virginia were charged by a federal grand jury in an indictment unsealed today with conspiracy to distribute and possess with the intent to distribute 500 grams or more of methamphetamine, and other federal drug crimes, United States Attorney Thomas T. Cullen announced today.
The indictment was returned, under seal, May 29, 2019, and unsealed today following the arrest of five of the defendants. The complete list of those defendants arrested today or previously in custody is below. Four remaining defendants remain wanted by authorities.
- Travis Lee Pennington: 36, of Appalachia, Va., is charged with one count of conspiracy to distribute and possess with the intent to distribute 500 grams or more of methamphetamine, three counts of distribution and possession with the intent to distribute methamphetamine, one count of using a communication device in the commission of a drug trafficking offense, one count of possession of a firearm in furtherance of a drug trafficking crime, one count of being a convicted felon illegally in possession of a firearm, one count of being in possession of a firearm that had the manufacturer’s serial number removed or altered, and one count of using violence or the threat of violence to retaliate against a witness.
- Omar Kareem Banks: 44, of Coeburn, Va., is charged with one count of conspiracy to distribute and possess with the intent to distribute 500 grams or more of methamphetamine, one count of distribution and possession with the intent to distribute methamphetamine, one count of possession of a firearm in furtherance of a drug trafficking crime, and one count of being a convicted felon illegally in possession of a firearm.
- Shawn Brandon Barnes: 40, of Appalachia, Va., is charged with one count of conspiracy to distribute and possess with the intent to distribute 500 grams or more of methamphetamine, two counts of distribution and possession with the intent to distribute methamphetamine, and one count of using a communication device in the commission of a drug trafficking offense.
- Jeffrey Wayne Caudill: 47, of Keokee, Va., is charged with one count of conspiracy to distribute and possess with the intent to distribute 500 grams or more of methamphetamine.
- Jaime Lee Christian: 39, of Wise County, Va., is charged with one count of conspiracy to distribute and possess with the intent to distribute 500 grams or more of methamphetamine and one count of distribution and possession with the intent to distribute methamphetamine.
- Carl Lee Davis Jr.: 33, Keokee, Va., is charged with one count of conspiracy to distribute and possess with the intent to distribute 500 grams or more of methamphetamine and one count of possession of a firearm in furtherance of a drug trafficking crime.
- Jonathan Earl Funk: 32, of Wise County, Va., is charged with one count of conspiracy to distribute and possess with the intent to distribute 500 grams or more of methamphetamine.
- Lewis Wesley Hickman III: 25, of Wise County, Va., is charged with one count of conspiracy to distribute and possess with the intent to distribute 500 grams or more of methamphetamine, one count of distribution and possession with the intent to distribute methamphetamine, and one count of possession of a firearm in furtherance of a drug trafficking offense.
- Joseph Andrew Hobbs: 27, of Wise County, Va., is charged with one count of conspiracy to distribute and possess with the intent to distribute 500 grams or more of methamphetamine, one count of distribution and possession with the intent to distribute methamphetamine, and one count of possession of a firearm in furtherance of a drug trafficking offense.
- James Morrison Johnson: 28, of Wise County, Va., is charged with one count of conspiracy to distribute and possess with the intent to distribute 500 grams or more of methamphetamine, one count of distribution and possession with the intent to distribute methamphetamine, and one count of possession of a firearm in furtherance of a drug trafficking offense.
- Jeremey David Mallory: 41, is charged with one count of conspiracy to distribute and possess with the intent to distribute 500 grams or more of methamphetamine.
- Tony Lynn McClellan: 33, of Big Stone Gap, Va., is charged with one count of conspiracy to distribute and possess with the intent to distribute 500 grams or more of methamphetamine, three counts of distribution and possession with the intent to distribute methamphetamine, two counts of using a communications device to facilitate a drug trafficking offense, and one count of using a firearm in a crime of violence.
- Susan Adrianna Mullins: 30, is charged with one count of conspiracy to distribute and possess with the intent to distribute 500 grams or more of methamphetamine, two counts of distribution and possession with the intent to distribute methamphetamine, and two counts of using a communication device to facilitate a drug trafficking offense.
- Misty Nelms: 28, is charged with one count of conspiracy to distribute and possess with the intent to distribute 500 grams or more of methamphetamine, and one count of using a communication device in the commission of a drug trafficking offense.
- David Stone Ringley: 28, of Wise County, Va., is charged with one count of conspiracy to distribute and possess with the intent to distribute 500 grams or more of methamphetamine.
- Travis Ryan Skaggs: 30, of Wise County, Va., is charged with one count of conspiracy to distribute and possess with the intent to distribute 500 grams or more of methamphetamine, and one count of possession with the intent to distribute methamphetamine.
- Joshua Barrett Sutherland: 33, is charged with one count of conspiracy to distribute and possess with the intent to distribute 500 grams or more of methamphetamine, one count of felon in possession of a firearm and one count of using a firearm in a crime of violence.
According to the indictment, the 21 defendants conspired to distribute methamphetamine in Lee and Wise counties, and elsewhere, between July 1, 2016 and May 1, 2019.
In addition, the indictment alleges that Travis Pennington, as a convicted felon, illegally possessed a firearm and used that firearm in a crime of violence. According to the indictment, between February 22, 2019 and March 5, 2019, Pennington used violence or the threat of violence to retaliate against a witness.
The investigation of the case was conducted by the Bureau of Alcohol, Tobacco, Firearms, and Explosives and the Southwest Virginia Drug Task Force, which is comprised of the Scott County Sheriff’s Office, Lee County Sheriff’s Office, Wise County Sheriff’s Office, Dickenson County Sheriff’s Office, Norton Police Department, Big Stone Gap Police Department, and the Virginia State Police. Assistant United States Attorney 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.
Five Indicted in Connection with Maryland-to-Virginia Heroin Pipeline that Resulted in Fatal OverdoseRead the Press Release
Harrisonburg, VIRGINIA – A federal grand jury returned a six-count indictment this week charging five individuals in connection with heroin trafficking from Maryland into Shenandoah County, Virginia that caused one fatal and one non-fatal overdose, United States Attorney Thomas T. Cullen announced today.
In an indictment returned under seal on Tuesday, May 21, 2019 and unsealed this week after arrests were made, the grand jury has charged the following:
Craig Allen Kidwell, 52, and Norman Lynda Kidwell, 54, both of Mount Jackson, Va., were each charged with one count of conspiracy to distribute and possess with the intent to distribute 100 grams or more of a substance containing a detectable amount of heroin resulting in death and resulting in serious bodily injury and one count of distribution and possession with the intent to distribute resulting in the death of J.H. and the serious bodily injury of J.W.
James Harold Lichliter, 52, of Mauretown, Va., Stacy Allen Marston, 42, of Woodstock, Va., and Jonathan Dale Neice, 42, of Woodstock, Va., were each charged with one count of distribution and possession with the intent to distribute resulting in the death of J.H. and the serious bodily injury of J.W.
“Over the last two years, more Americans have died from fatal opioid overdoses than the total number of troops killed during the Vietnam War,” U.S. Attorney Cullen stated. “In order to mitigate this public health crisis, we will aggressively prosecute street dealers and corrupt health-care providers whose unlawful activities directly result in harm to others. I am particularly grateful for the hard work and determination of our state and local partners in Shenandoah County in bringing everyone involved in this deadly distribution chain to justice. I also appreciate the valuable assistance provided by our federal partners in Maryland in this case, including the U.S. Attorney’s Office for the District of Maryland and the Drug Enforcement Administration.”
“The resulting indictments should serve as a warning of what will happen to those who make it their business to exploit and profit from the members of our community. We will remain relentless with our local partners in holding drug dealers accountable for poisoning our citizens,” stated Special Agent in Charge Jesse R. Fong of the Drug Enforcement Administration Washington Division
According to the indictment, beginning around June 2017 a Maryland-based drug-trafficking network began selling controlled substances to Virginia-based drug traffickers, who, in turn, transported those drugs to Shenandoah County for redistribution.
Defendants Craig Kidwell and his wife Norma Kidwell are alleged to have repeatedly traveled from their home in Shenandoah County to Maryland to obtain heroin from the Maryland-based drug-trafficking organization. At times, the heroin Craig Kidwell and Norma Kidwell obtained from their Maryland-based source was mixed with other drugs, such as fentanyl and acetyl fentanyl.
After obtaining heroin, Craig Kidwell and Norma Kidwell transported the drugs back to Shenandoah County where the drugs were redistributed to others, including, but not limited to, co-defendants Lichliter, Marston, and Neice, who redistributed the drugs to others around Shenandoah County.
As claimed in the indictment, as a direct result of the defendants’ drug distribution activities, two overdoses occurred, one of which resulted in the death of victim J.H.
The investigation of the case was conducted by the Drug Enforcement Administration, Virginia State Police, Shenandoah County Sheriff’s Office, and Woodstock Police Department with the assistance of the Shenandoah County Commonwealth’s Attorney’s Office and the United States Attorney’s Office for the District of Maryland. Assistant United States Attorney Grayson A. Hoffman 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.
Arrest Made in Deadly Appalachian Trail StabbingRead the Press Release
Abingdon, VIRGINIA – United States Attorney Thomas T. Cullen and David W. Archey, the Special Agent in Charge of the FBI’s Richmond Division, announced today an arrest in a deadly stabbing incident that occurred along the Appalachian Trail in Wythe County, Virginia that left one person dead and another severely injured.
James L. Jordan 30, of West Yarmouth, Massachusetts, was arrested in the early morning hours of Saturday, May 11, 2019 on a federal criminal complaint. Jordan is charged with one count of murder within the special maritime territorial jurisdiction of the United States and one count of assault with the intent to murder within the special maritime territorial jurisdiction of the United States.
“I commend local law enforcement in Wythe and Smyth Counties for mobilizing successful rescue and tactical operations in this remote region,” U.S. Attorney Cullen stated today. “Thanks to their efforts, the suspect was safely apprehended and a seriously wounded victim received critical medical care. We will continue to work with our state and local partners to bring the perpetrator of this senseless and brutal attack to justice.”
This investigation is ongoing. The federal charges against Jordan will be officially filed in U.S. District Court in Abingdon Monday morning. The defendant will have an initial court appearance in federal court in Abingdon on Monday, May 13, 2019.
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.
Virginia Doctor Convicted on 861 Federal Counts of Drug Distribution, Including Distribution Resulting in Death: Faces Mandatory Minimum of 20 Years in Federal PrisonRead the Press Release
Abingdon, VIRGINIA – Joel Smithers, a Martinsville-based doctor, was found guilty today of 861 federal drug charges at the conclusion of a nine-day jury trial in U.S. District Court in Abingdon, United States Attorney Thomas T. Cullen announced.
The jury convicted Smithers, 36, after seven hours of deliberation, on one count of maintaining a place for the purpose of illegally distributing controlled substances, one count of possession with the intent to distribute controlled substances, and 859 counts of illegally prescribing Schedule II controlled substances. The jury also found that the oxycodone and oxymorphone Smithers prescribed to a woman from West Virginia caused her death.
“This defendant not only violated his Hippocratic Oath to his patients, but he perpetuated, on a massive scale, the vicious cycle of addiction, despair, and destruction,” U.S. Attorney Cullen stated today. “We have no higher priority than investigating drug-dealing physicians and other corrupt health-care practitioners and putting them in federal prison.”
“The actions of corrupt physicians who prescribe medically unnecessary drugs contribute to our nation’s ongoing opioid crisis and threaten the health of Americans. The human cost of these crimes is unacceptable,” said Maureen R. Dixon, Special Agent in Charge for the Office of Inspector General of the U.S. Department of Health and Human Services. “We will continue to work with our law enforcement partners to hold criminals accountable for their actions.”
“ This is 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. “Dr. Smithers flooded Virginia, West Virginia and Ohio with his opioid prescriptions and hid behind his white doctor’s coat as a large scaled drug dealer. The Drug Enforcement Administration’s Tactical Diversion Squads will relentlessly investigate and arrest these drug dealers disguised as doctors.”
Evidence presented at trial showed Smithers opened an office in Martinsville in August 2015, and prescribed controlled substances to every patient in his practice, resulting in over 500,000 Schedule II controlled substances being distributed. The drugs involved included oxymorphone, oxycodone, hydromorphone, and fentanyl. A majority of those receiving prescriptions from Smithers traveled hundreds of miles, one-way, to receive the drugs. Smithers did not accept insurance and took in over $700,000 in cash and credit card payments prior to a search warrant being executed at his office on March 7, 2017.
United States District Court Judge James P. Jones ordered Smithers taken into custody pending sentencing. Sentencing is scheduled for August 16 at 10:00 a.m. in Abingdon. Smithers faces a mandatory minimum sentence of imprisonment for a term of twenty years and a maximum sentence of life imprisonment. He also faces a maximum fine of more than $200 million dollars.
The case was investigated by the Roanoke offices of the Drug Enforcement Administration’s Tactical Diversion Squad and the Health and Human Services – Office of Inspector General. Task force officers with the police departments of Bristol, Martinsville, Buena Vista, Roanoke, and Roanoke County; the Sheriff’s Offices of Henry County and Pittsylvania County; and the Virginia State Police assisted in the investigation. Assistant United States Attorneys Cagle Juhan, Randy Ramseyer and Zachary T. Lee prosecuted the case for the United States.
United States Files Civil Action to Collect Debts Owed for Violations of Federal Mine Safety ActRead the Press Release
Roanoke, VIRGINIA – United States Attorney Thomas T. Cullen and the Assistant Secretary of Labor for the Mine Safety and Health Administration (MSHA) David G. Zatezalo, announced today the filing of a civil action against 23 coal companies operating in Virginia, West Virginia, Tennessee, Alabama, and Kentucky, seeking over $4.7 million in unpaid penalties for violations of the Federal Mine Safety and Health Act.
“The MSHA plays a critical role in protecting our coal miners and ensuring that mine owners and operators fulfill their legal obligations to provide safe and healthy working conditions,” U.S. Attorney Cullen stated today. “As alleged in the complaint, the defendants racked up over 2,000 safety violations over a five-year period and have, to date, refused to comply with their legal obligations to pay the resulting financial penalties. This is unacceptable, and, as indicated by this suit, we will hold them accountable.”
“MSHA stands with the Department of Justice in seeking to hold mine operators responsible for the penalties they owe,” said Assistant Secretary Zatezalo. “In the Mine Act, Congress was extremely clear on enforcement matters: Federal inspectors issue citations for safety and health violations, which carry a monetary fine. Failure to pay penalties is unfair to miners who deserve safe workplaces, and to mine operators who play by the rules.”
According to court documents filed today, between May 3, 2014 and May 3, 2019, MSHA collectively issued at least 2,297 citations to the defendant mine operators for violations of the Mine Health and Safety Act, and at the appropriate time, assessed civil penalties for each violation, pursuant to the law.
The defendants failed to pay the penalties or even notify MSHA that it contested the assessed civil penalties. When defendants failed to pay the civil penalties for 100 days despite two demand letters, MSHA referred the civil penalties to the Department of Treasury for collection. The Department of Treasury made another written demand on the defendants, but they still failed to pay, and the Department of Treasury referred the civil penalties to the Department of Justice for collection. On September 5, 2018, the United States Attorney’s Office for the Western District of Virginia made a written demand on the defendants for the delinquent debts. The defendants, however, still failed to pay the outstanding debts and, as of the date of this filing, continue not to pay both the old and newly assessed penalties.
In the complaint, the United States is seeking judgment against the 23 defendants for $3,954,984.37, the total principal amount of unpaid civil penalties owed. An additional $821,386.03 in administrative costs and interest is being sought.
The 23 defendants are: Southern Coal Corporation; Justice Coal of Alabama; A&G Coal Corporation; Black River Coal; Chestnut Land Holdings; Double Bonus Coal Company; Dynamic Energy; Four Star Resources; Frontier Coal Company; Infinity Energy; Justice Energy Company; Justice Highwall Mining; Kentucky Fuel Corporation; Keystone Service Industries; M&P Services; Nine Mile Mining; Nufac Mining Company; Pay Car Mining; Premium Coal Company; S and H Mining; Sequoia Energy; Tams Management; and Virginia Fuel Corporation.
According to court documents, each of the defendant companies operated at least one mine with delinquent, uncontested MSHA penalties.
Assistant United States Attorney Krista Consiglio Frith and Special Assistant United States Attorney Jason Grover, an attorney with the Department of Labor, are representing the United States in these matters.
Remaining Members of California-Based White Supremacist Group Plead Guilty to Federal Rioting Charges in Connection with August 2017 “Unite the Right” Rally in CharlottesvilleRead the Press Release
Charlottesville, VIRGINIA – Benjamin Drake Daley and Michael Paul Miselis, members of the white-supremacist organization known as the Rise Above Movement (RAM), pleaded guilty today in U.S. District Court in Charlottesville to one count of conspiracy to riot in connection with the August 2017 “Unite the Right” rally in Charlottesville and other alleged political rallies in California. Daley, one of the founders of RAM, was chiefly responsible for organizing the group’s presence at the Unite the Right rally. 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.
“These avowed white supremacists traveled to Charlottesville to incite and commit acts of violence, not to engage in peaceful First Amendment expression,” U.S. Attorney Cullen stated today. “Although the First Amendment protects an organization’s right to express abhorrent political views, it does not authorize senseless violence in furtherance of a political agenda.”
“As RAM members, Daley and Miselis trained to engage in violent confrontations and attended the Unite the Right Rally with the expectation of provoking physical conflict with counter-protestors that would lead to riots,” Special Agent Archey said today. “The FBI will continue to work with the Virginia State Police and the United States Attorney's Office (WDVA) to investigate and prosecute these violations. We are grateful to the Charlottesville community and the Commonwealth of Virginia for their cooperation during these investigations.”
“Pursuing and bringing these violent individuals to justice have been of priority for the Virginia State Police Bureau of Criminal Investigation since that fateful day in August 2017 in the city of Charlottesville,” said Colonel Settle, Virginia State Police Superintendent. “Those from the Virginia State Police, FBI and U.S. Attorney's Office assigned to this case are to be commended. Because of their dedicated, investigative efforts, no other communities, from Virginia to California, are at risk of being terrorized by the hate and violence spawned by this now-defunct, white-supremacist organization.”
According to plea documents filed during today’s hearing, Daley, 26, of Redondo Beach, Calif., and Miselis, 30, of Lawndale, Calif., 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. They are the final two RAM members to plead guilty to federal riot act charges. Cole White and Thomas Gillen each previously pleaded guilty to conspiracy to riot.
From March 2017 to August 2017, RAM and its members, including Daley 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 and Miselis attended several such training events and rallies.
On March 25, 2017, Daley 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 in order to recruit members to engage in violent confrontations at future events.
On April 15, 2017, Daley, Miselis and other RAM members attended a rally in Berkeley, Calif., Daley, Miselis 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 and Miselis, along with defendants Gillen and White, planned to travel to Charlottesville to attend the Unite the Right Rally. Daley and Miselis 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, 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, RAM members, struck multiple individuals with torches. As part of their plea, the defendants admitted these actions were not in self-defense.
On the morning of August 12, 2017, Daley, Miselis and other members of RAM, with 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, 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.
California Man Pleads Guilty to Conspiracy to Riot in Charlottesville, CaliforniaRead the Press Release
Charlottesville, VIRGINIA – Thomas Walter Gillen, a member of the white-supremacist organization known as the Rise Above Movement (RAM), pleaded guilty today in U.S. District Court in Charlottesville to one count of conspiracy to riot in connection with the August 2017 “United the Right” rally in Charlottesville and other purported political rallies in California. United States Attorney Thomas T. Cullen, Colonel Gary T. Settle of the Virginia State Police, and Special Agent in Charge David Archey of the FBI’s Richmond Division made the announcement.
“The First Amendment protects an individual’s or organization’s right to speak, assemble, and espouse political views, but it does not license insensate acts of violence committed under the guise of First Amendment expression,” U.S. Attorney Cullen stated today. “As Mr. Gillen has admitted as part of his guilty plea, he and other members of RAM attended the Unite the Right rally and other purported political demonstrations in California to incite and commit acts of violence, not to exercise their rights to free speech. We are grateful for the commitment of the FBI and the Virginia State Police in bringing these defendants to justice.”
“When the defendant conspired to commit violent acts at the Charlottesville rally, he damaged an entire community,” Special Agent Archey said today. “The FBI and its partners will continue to aggressively investigate these types of violations. We are grateful for the partnership of the U.S. Attorney’s Office for the Western District of Virginia and the Virginia State Police on this case.”
According to plea documents filed during today’s hearing, Gillen, 25, of Redondo Beach, Calif., was a member of RAM, which was a California-based, combat-ready, militant group that represented itself as part of the new nationalist and white supremacy movement. Fellow RAM members Benjamin Drake Daley, Michael Paul Miselis and Cole Evan White were indicted in October 2018, along with Gillen, and charged with violating the federal riots statute.
White pleaded guilty on November 30, 2018 to one count of conspiracy to riot.
RAM openly identified as “alt-right” and “nationalist” and its members and associates frequently posted photographs and videos 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. In addition, RAM members and associates expressed and promoted violence against those who they believed held opposing political views.
From on or about March 2017 to on or about August 2017, RAM and its members, including Gillen, traveled to multiple political rallies and organized demonstrations in Virginia and California where they prepared to, and engaged in, acts of violence.
On March 25, 2017, Gillen attended a political rally in Huntington Beach, Calif. with several RAM members. At that event, RAM members pursued and assaulted protestors, and others, and later celebrated the news coverage depicting photographs of the assaults. RAM members went so far as to use the photographs and videos of the assaults to recruit members to engage in violent confrontations at future events.
On April 15, 2017, Gillen attended a purported political rally in Martin Luther King Jr. Civic Park in Berkley, Calif. There were violent clashes between attendees and protestors throughout the day. As the rally broke up, Gillen and other RAM members followed and attacked a group of protestors as they left the area. Specifically, Gillen punched one protestor several times and stomped on him once. Gillen’s encounter was captured on video and subsequently posted to YouTube. Following the rally, Gillen sent a text message to a friend with the YouTube video attached. In the message, he wrote: “20 seconds in I’m in the grey shirt turning up a commie.”
RAM members further celebrated the violence in Berkley. For example, the RAM Instagram account posted a photograph of a RAM member wearing a black skull mask at the Berkley event along with the comment, “#rightwingdeathsquad.”
In August 2017, Gillen, Daley, Miselis, and Cole planned to travel to Charlottesville, Va., to attend the Unite the Right Rally. Gillen purchased a one-way ticket from American Airlines departing August 11, 2017. At the time of his travel, Gillen expected that either he or his fellow RAM members would engage in violent confrontations with protestors or other individuals at the upcoming events in Charlottesville.
Upon arrival and in anticipation of violence, RAM members, including Gillen, purchased athletic tape at Wal-Mart to wrap their wrists to prevent their hands from breaking when they engaged in street violence.
On August 11, 2017, the evening prior to the scheduled Unite the Right Rally, Gillen 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, RAM members, including Gillen, struck multiple individuals with a torch. These actions were not in self-defense.
On the morning of August 12, 2017, Gillen and other members of RAM, with 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 Gillen 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. 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.
Prescription Drug Take Back Day Set for Saturday, April 27, 2019Read the Press Release
Roanoke, VIRGINIA – United States Attorney Thomas T. Cullen announced today that the United States Attorney’s Office is proud to partner with the Drug Enforcement Administration, local, state, and federal law enforcement agencies, and coalitions to collect expired, unused, and unwanted prescription drugs for safe destruction on Saturday, April 27, 2019 from 10 a.m. to 2 p.m. during Prescription Drug Take Back Day. Collections will take place at 18 area locations in the Roanoke Valley, and many more locations throughout the Western District. The public is invited to bring unused, unwanted, and expired medications to this free and anonymous event that is part of the DEA’s nationwide prescription drug “Take-Back” program that seeks to prevent prescription pill abuse, theft, and environmental concerns.
“In 2017, more than 72,000 Americans died from fatal drug overdoses—more than the total number of troops killed during the Vietnam War,” U.S. Attorney Cullen stated today. “We are committed to working with our federal, state, and local partners to reduce the supply of dangerous drugs, including unwanted prescription medications, but the public must also do its part by participating in National Drug Take-Back Day.”
“Addiction causes a tremendous amount of pain and suffering, not just for those addicted to drugs, but also for their families and friends,” said Acting DEA Administrator Uttam Dhillon. “Helping people keep their loved ones safe by disposing of unwanted, unused, and expired prescription medications is just one of many ways that DEA is working to break the cycle of addiction and overdose deaths plaguing this country.”
This is the Roanoke Valley’s 17th drug take back event. This Saturday there will be 18 collection locations in the valley: Blacksburg Recreation Center parking lot, the Department of Veterans Affairs hospital entrance at Building 143 in Salem, CVS Pharmacy parking lots at 9th Street SE and Towers Shopping Center, , , Franklin County Sheriff’s Office, Kroger parking lots on Lake Drive Plaza in Vinton, Tanglewood Mall, Valley Gateway, in Daleville, in Westlake in Franklin County, and Rocky Mount, Ransone’s Drug Store parking lot in Botetourt County, Roanoke City Police Department Solutions Center, Market Street Pharmacy parking lot in Craig County, the Roanoke County Fire and Rescue Station #1 on Hershberger Road, the Super Shoes parking lot on West Main in Salem, Walgreens parking lot at the corner of Electric Road and Brambleton Avenue, and Virginia State Police Division VI Headquarters on Main Street in Salem.
The public is encouraged to visit https://takebackday.dea.gov/ to find other collection sites sponsored by law enforcement throughout the region. The site also includes a locator feature to find year-round disposal collection sites hosted at local law enforcement agencies.
This initiative addresses vital public safety and public health issues. Medications that languish in home cabinets are highly susceptible to diversion, misuse, and abuse. Rates of prescription drug abuse in the U.S., in the valley, and throughout the district continue at alarming rates, as are the numbers of accidental poisonings and overdoses due to these drugs. Studies show that 90% of abused prescription drugs are obtained from family and friends, including from the home medicine cabinet. In fact, the majority of commonly-abused drugs by teenagers are prescription medications.
In addition, flushing medications down the drain can result in trace amounts of pharmaceuticals showing up in our nation’s waterways. This initiative offers a safe and convenient disposal option for district residents.
This initiative is sponsored by the U.S. Drug Enforcement Administration in partnership with state, local, and federal law enforcement agencies, local businesses, and community coalitions.
By working together to provide a free, secure place to dispose of unwanted medications, these partner agencies are helping prevent drug abuse, protecting our valley’s waterways, and making our communities safer.
Appalachian Regional Prescription Opioid Strike Force Takedown Results in Charges Against 60 Individuals, Including 53 Medical ProfessionalsRead the Press Release
Roanoke, VIRGINIA – Attorney General William P. Barr, Department of Health and Human Services (HHS) Secretary Alex M. Azar III together with multiple law enforcement partners, today announced enforcement actions involving 60 charged defendants across 11 federal districts, including 31 doctors, 7 pharmacists, 8 nurse practitioners, and 7 other licensed medical professionals, for their alleged participation in the illegal prescribing and distributing of opioids and other dangerous narcotics and for health care fraud schemes. In addition, HHS announced today that since June 2018, it has excluded over 2,000 individuals from participation in Medicare, Medicaid, and all other Federal health care programs, which includes more than 650 providers excluded for conduct related to opioid diversion and abuse. Since July 2017, DEA has issued 31 immediate suspension orders, 129 orders to show cause, and received 1386 surrenders for cause nationwide for violations of the Controlled Substances Act.
“The opioid epidemic is the deadliest drug crisis in American history, and Appalachia has suffered the consequences more than perhaps any other region,” Attorney General William P. Barr said. “But the Department of Justice is doing its part to help end this crisis. One of the Department's most promising new initiatives is the Criminal Division's Appalachian Regional Prescription Opioid Strike Force, which began its work in December. Just four months later, this team of federal agents and 12 prosecutors has charged 60 defendants for alleged crimes related to millions of prescriptions. I am grateful to the Criminal Division, their U.S. Attorney partners, and to the members of the strike force for this outstanding work that holds the promise of saving many lives in Appalachian communities.”
In addition to the cases announced today, Attorney General Barr and U.S. Attorney Thomas T. Cullen announced today that the ARPO Strike Force will expand into the Western District of Virginia, making it the tenth ARPO Strike Force district. ARPO is a joint law enforcement effort that brings together the resources and expertise of the Health Care Fraud Unit in the Criminal Division’s Fraud Section (HCF Unit), the U.S. Attorney’s Offices for ten federal districts in six states, as well as law enforcement partners at the FBI, HHS Office of the Inspector General (HHS-OIG) and U.S. Drug Enforcement Administration (DEA). In addition, the operation includes the participation of the Tennessee Bureau of Investigation and multiple State Medicaid Fraud Control Units. The mission of the ARPO Strike Force is to identify and investigate health care fraud schemes in the Appalachian region and surrounding areas, and to effectively and efficiently prosecute medical professionals and others involved in the illegal prescription and distribution of opioids.
“The opioid epidemic has ravaged communities throughout the Western District of Virginia,” U.S. Attorney Cullen stated today. “In order to mitigate this crisis, we are working closely with our federal, state, and local partners on targeted and impactful enforcement initiatives, including the prosecution of corrupt health-care providers, drug-trafficking organizations, and those involved in Fentanyl distribution. I am grateful to Attorney General Barr for deploying the ARPO Strike Force into Western Virginia and dedicating additional resources to help us with these critical efforts.”
The charges announced today involve individuals contributing to the opioid epidemic, with a particular focus on medical professionals involved in the unlawful distribution of opioids and other prescription narcotics, a priority for the Department. According to the CDC, approximately 115 Americans die every day of an opioid-related overdose.
The ARPO Strike Force is made up of prosecutors and data analysts with the HCF Unit, prosecutors with the ten U.S. Attorney’s Offices in the region, including the newly added Western District of Virginia, and special agents with the FBI, HHS-OIG and DEA. The ARPO Strike Force operates out of two hubs based in the Cincinnati, Ohio/Northern Kentucky and Nashville, Tennessee, areas, supporting the ten districts that make up the ARPO Strike Force region. In addition, the APRO Strike Force works closely with other state and federal law enforcement agencies, including the Tennessee Bureau of Investigation, State Medicaid Fraud Control Units.
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For any patients impacted by the law enforcement operations, DOJ, DEA, HHS-OIG, HHS’ Substance Abuse and Mental Health Services Administration, CDC’s Opioid Rapid Response Team and all 5 State Departments of Health are deploying federal and state-level strategies to address patient harm and insure continuity of care. Additional information regarding available treatment programs and where patients can turn for assistance is available as follows:
The Fraud Section leads the Medicare Fraud Strike Force, which is part of a joint initiative between the Department of Justice and HHS to focus their efforts to prevent and deter fraud and enforce current anti-fraud laws around the country. Since its inception in March 2007, the Medicare Fraud Strike Force, which maintains 14 strike forces operating in 23 districts, has charged nearly 4,000 defendants who have collectively billed the Medicare program for more than $14 billion. The Medicare Fraud Strike Force, including the ARPO Strike Force, has charged more than 200 individuals with opioid-related crimes.
Additional documents related to this announcement are available here:
https://www.justice.gov/opa/documents-and-resources-
Tax Return Preparer Pleads Guilty to Aiding in the Preparation of False Tax ReturnsRead the Press Release
A tax return preparer formerly of Roanoke, Virginia, pleaded guilty today to aiding and assisting in the preparation of false tax returns and filing a false personal tax return, announced Principal Deputy Assistant Attorney General Richard E. Zuckerman of the Justice Department’s Tax Division and U.S. Attorney Thomas T. Cullen for the Western District of Virginia.
According to court documents, Saint Julien Pierre owned and operated a tax return preparation business, JP Tax Services LLC, in Roanoke, Virginia. Pierre aided and assisted in the preparation of 2013 and 2014 tax returns that falsely claimed energy-related credits and illegitimate itemized deductions, in order to fraudulently increase his clients’ refunds. Pierre also filed a false 2013 tax return for himself, on which he fraudulently reported that he was entitled to the same fuel tax credit he falsely claimed on his clients’ returns.
Pierre faces a statutory maximum sentence of three years in prison for each count of preparing false tax returns and three years in prison for the false tax return count. He also faces a period of supervised release, restitution, and monetary penalties.
Principal Deputy Assistant Attorney General Zuckerman and U.S. Attorney Cullen thanked special agents of IRS-Criminal Investigation, who conducted the investigation, and Tax Division Trial Attorneys Lauren A. Archer and Kevin Schneider and Assistant United States Attorney Charlene R. Day of the Western District of Virginia, who are prosecuting the case.
Additional information about the Tax Division and its enforcement efforts may be found on the division’s website.
Roanoke Tax Return Preparer Pleads Guilty to Aiding in the Preparation of False Tax ReturnsRead the Press Release
Roanoke, VIRGINIA – A tax return preparer formerly of Roanoke, Virginia, pleaded guilty today to aiding and assisting in the preparation of false tax returns and filing a false personal tax return, announced Principal Deputy Assistant Attorney General Richard E. Zuckerman of the Justice Department’s Tax Division and U.S. Attorney Thomas T. Cullen for the Western District of Virginia.
According to court documents, Saint Julien Pierre owned and operated a tax return preparation business, JP Tax Services LLC, in Roanoke, Virginia. Pierre aided and assisted in the preparation of 2013 and 2014 tax returns that falsely claimed energy-related credits and illegitimate itemized deductions, in order to fraudulently increase his clients’ refunds. Pierre also filed a false 2013 tax return for himself, on which he fraudulently reported that he was entitled to the same fuel tax credit he falsely claimed on his clients’ returns.
“As this case indicates, the Department of Justice is committed to prosecuting tax fraud, including bogus refund, credit, and deduction schemes,” U.S. Attorney Cullen stated today. “No preparation fee, commission, or refund earned through fraudulent means is worth a felony conviction and the possibility of a prison sentence.”
Pierre faces a statutory maximum sentence of three years in prison for each count of preparing false tax returns and three years in prison for the false tax return count. He also faces a period of supervised release, restitution, and monetary penalties.
Principal Deputy Assistant Attorney General Zuckerman and U.S. Attorney Cullen thanked special agents of IRS-Criminal Investigation, who conducted the investigation, and Tax Division Trial Attorneys Lauren A. Archer and Kevin Schneider and Assistant United States Attorney Charlene R. Day of the Western District of Virginia, who are prosecuting the case.
Pair Indicted on Visa Fraud ChargeRead the Press Release
Charlottesville, VIRGINIA – A federal grand jury has charged a pair of Culpeper residents for staging an armed robbery to become eligible to apply for, and obtain, a U-Visa, United States Attorney Thomas T. Cullen announced today.
On March 27, 2019, a federal grand jury sitting in U.S. District Court in Charlottesville charged Sarai Veronica Solorzano Figueroa, 35, a citizen of Honduras living in Culpeper, Va., and Enna Perez Santos, 33, a citizen of El Salvador also living in Culpeper, with one count each of conspiracy to commit visa fraud. The indictment was unsealed yesterday following the initial appearances of both defendants.
“This alleged visa-fraud scheme, in addition to violating federal immigration laws, put law-enforcement officers and the surrounding community at risk,” U.S. Attorney Cullen stated today. “The Department of Justice remains committed to working with our federal, state, and local partners to prosecute fraudulent immigration and preserve the rule of law.”
“You should not expect to use lies and deceit to exploit the system,” said Special Agent in Charge Raymond Villanueva of U.S. Immigration and Customs Enforcement Homeland Security Investigations. “This kind of fraud to obtain a designated visa reserved for the victims of criminals is exceptionally perverse, and I commend the HSI special agents, our local partners, and the U.S. Attorney for the extensive work involved to bring this case to court.”
According to the indictment, in or about September 2018, Figueroa and Santos devised a scheme to stage an armed robbery and kidnapping at their place of employment, a convenience store in Culpeper, knowing that being the victim of a crime would make them eligible for a U-Visa.
At approximately 10:00 p.m. on September 30, 2018, Figueroa’s son, wearing a padded costume and a mask, approached Santos with a fake gun while she was taking out the trash at the convenience store. He instructed Santos back into store at gunpoint. Once inside, he ordered Figueroa, his mother, to give him money, which was fake money the coconspirators had previously made specifically for the staged robbery. Figueroa’s son then walked them out to their car, where they intended to stage a kidnapping.
All of these actions were filmed by the convenience store’s security cameras. As the coconspirators were leaving with the costumed robber, law enforcement stopped the defendants.
Upon being interviewed by law enforcement, Santos relayed how she and Figueroa were victims of an armed robbery, kidnapped, and discussed the fear she felt during the robbery. This narrative was part of the conspiracy the two defendants planned to tell police, which would then form the basis of their U-Visa petition.
The investigation of the case was conducted by U.S. Immigration and Customs Enforcement Homeland Security Investigations and the Culpeper Police Department. Special Assistant United States Attorney Kate Rumsey 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.
Indivior Inc. Indicted for Fraudulently Marketing Prescription OpioidRead the Press Release
WASHINGTON – A federal grand jury sitting in Abingdon, Virginia, has indicted Indivior Inc. (formerly known as Reckitt Benckiser Pharmaceuticals Inc.) and Indivior PLC (Indivior) for engaging in an illicit nationwide scheme to increase prescriptions of Suboxone Film, an opioid drug used in the treatment of opioid addiction, the Department of Justice announced.
According to the indictment, Indivior obtained billions of dollars in revenue from Suboxone Film prescriptions by deceiving health care providers and health care benefit programs into believing that Suboxone Film was safer, less divertible, and less abusable than other opioid-addiction treatment drugs. Indivior also is alleged to have sought to boost profits by using a “Here to Help” program to connect opioid-addicted patients to doctors the company knew were prescribing opioids at high rates and in a clinically unwarranted manner.
“The deadly opioid epidemic continues to devastate communities and families across our nation,” said Principal Deputy Associate Attorney General Jesse Panuccio of the Department of Justice. “The Department of Justice intends to hold accountable those who are in position to know the harm opioid abuse inflicts, but instead choose to profit illegally from the pain of others. Manufacturers, distributors, pharmacies, and doctors should all be on notice that they must follow the law and act responsibly.”
“Opioid addiction is a national epidemic. The indictment alleges that, rather than marketing its opioid-addiction drug responsibly, Indivior promoted it with a disregard for the truth about its safety and despite known risks of diversion and abuse,” said Assistant Attorney General Jody Hunt. “The Department of Justice is committed to holding opioid manufacturers accountable for such unlawful conduct.”
According to the indictment, Indivior developed Suboxone Film around 2007 as a patent-protected alternative to the tablet form of Suboxone, which was then about to face generic drug competition. The primary ingredient in both Suboxone Film and tablets is buprenorphine, a highly potent opioid. Indivior promoted Suboxone Film as safer and less-divertible than its tablet form, even though the company lacked any scientific evidence to support those claims. In particular, Indivior aggressively marketed Suboxone Film, without an established basis, as having a “lower risk of child exposure” and a “less divertible/abusable formulation.” Indivior made these and other false and misleading claims in marketing materials and through representations to physicians, pharmacists, and health care benefit programs throughout the country. 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, when in fact Indivior executives knew 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 further alleges that Indivior used its “Here to Help” internet and telephone program as part of its scheme to induce physicians to write prescriptions for Suboxone Film. Touted as a resource for opioid-addicted patients, 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 suspect circumstances. The indictment alleges that Indivior executives and employees knew from statistical and numerous firsthand reports that some doctors in the Here to Help referral system were issuing prescriptions in a careless and clinically unwarranted manner.
Indivior’s scheme, as asserted in the indictment, was highly successful, 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. Until earlier this year, when Suboxone Film became subject to generic competition, Indivior retained a high portion of the opioid-addiction treatment market.
The indictment charges Indivior with conspiracy to commit wire fraud, mail fraud, and health care fraud. In addition, the indictment charges the company with one count of health care fraud, four counts of mail fraud, and twenty-two counts of wire fraud. An indictment merely alleges that crimes have been committed. All defendants are presumed innocent until proven guilty beyond a reasonable doubt.
“As this case makes clear, our office will aggressively prosecute health care fraud cases and particularly those that target people struggling with opioid addiction,” First Assistant United States Attorney Daniel P. Bubar of the Western District of Virginia said today. “We are grateful for the tireless investigative work of our partners at FDA, Virginia Medicaid Fraud Control Unit, HHS, and the U.S. Postal Service for taking on these types of important investigations.”
“Our indictment alleges a wide-ranging and truly shameful scheme to put profits over the health and well-being of patients trying to manage substance use disorder and opioid dependence,” said Attorney General Mark R. Herring. “It’s incredibly frustrating that while we have been working to remove the stigma around medication-assisted treatment and make it more widely available, Indivior was allegedly conspiring to exploit patients, taxpayers, and the expansion of MAT. My team and I are proud to have helped lead this investigation, and look forward to helping bring it to a just and fair conclusion.”
“Opioid addiction is a public health emergency and medication-assisted opioid treatment options are an important tool for combatting this crisis. This investigation revealed that Indivior tried to mislead FDA and game the system by attempting to bar competition for Suboxone from the market,” said Melinda K. Plaisier, FDA Associate Commissioner for Regulatory Affairs. “We will continue to pursue and bring to justice those who participate in these schemes to the detriment of public health.”
The United States Attorney’s Office for the Western District of Virginia and the Department of Justice’s Consumer Protection Branch are prosecuting the case. The case was investigated by the Food and Drug Administration’s Office of Criminal Investigations, the Virginia Attorney General’s Medicaid Fraud Control Unit, Department of Health and Human Services’ Office of the Inspector General, and United States Postal Service Office of Inspector General. Additional information about the Consumer Protection Branch and its enforcement efforts may be found at http://www.justice.gov/civil/consumer-protection-branch. For more information about the U.S. Attorney’s Office for the Western District of Virginia, visit its website at https://www.justice.gov/usao-wdva.
This prosecution is part of a coordinated effort by the Department’s Prescription Interdiction & Litigation (PIL) Task Force to deploy all available criminal, civil, and regulatory tools to hold opioid manufacturers accountable for unlawful
Indivior Inc. Indicted for Fraudulently Marketing Prescription OpioidRead the Press Release
A federal grand jury sitting in Abingdon, Virginia, has indicted Indivior Inc. (formerly known as Reckitt Benckiser Pharmaceuticals Inc.) and Indivior PLC (Indivior) for engaging in an illicit nationwide scheme to increase prescriptions of Suboxone Film, an opioid drug used in the treatment of opioid addiction, the Department of Justice announced.
According to the indictment, Indivior obtained billions of dollars in revenue from Suboxone Film prescriptions by deceiving health care providers and health care benefit programs into believing that Suboxone Film was safer, less divertible, and less abusable than other opioid-addiction treatment drugs. Indivior also is alleged to have sought to boost profits by using a “Here to Help” program to connect opioid-addicted patients to doctors the company knew were prescribing opioids at high rates and in a clinically unwarranted manner.
“The deadly opioid epidemic continues to devastate communities and families across our nation,” said Principal Deputy Associate Attorney General Jesse Panuccio of the Department of Justice. “The Department of Justice intends to hold accountable those who are in position to know the harm opioid abuse inflicts, but instead choose to profit illegally from the pain of others. Manufacturers, distributors, pharmacies, and doctors should all be on notice that they must follow the law and act responsibly.”
“Opioid addiction is a national epidemic. The indictment alleges that, rather than marketing its opioid-addiction drug responsibly, Indivior promoted it with a disregard for the truth about its safety and despite known risks of diversion and abuse,” said Assistant Attorney General Jody Hunt. “The Department of Justice is committed to holding opioid manufacturers accountable for such unlawful conduct.”
According to the indictment, Indivior developed Suboxone Film around 2007 as a patent-protected alternative to the tablet form of Suboxone, which was then about to face generic drug competition. The primary ingredient in both Suboxone Film and tablets is buprenorphine, a highly potent opioid. Indivior promoted Suboxone Film as safer and less-divertible than its tablet form, even though the company lacked any scientific evidence to support those claims. In particular, Indivior aggressively marketed Suboxone Film, without an established basis, as having a “lower risk of child exposure” and a “less divertible/abusable formulation.” Indivior made these and other false and misleading claims in marketing materials and through representations to physicians, pharmacists, and health care benefit programs throughout the country. 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, when in fact Indivior executives knew 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 further alleges that Indivior used its “Here to Help” internet and telephone program as part of its scheme to induce physicians to write prescriptions for Suboxone Film. Touted as a resource for opioid-addicted patients, 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 suspect circumstances. The indictment alleges that Indivior executives and employees knew from statistical and numerous firsthand reports that some doctors in the Here to Help referral system were issuing prescriptions in a careless and clinically unwarranted manner.
Indivior’s scheme, as asserted in the indictment, was highly successful, 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. Until earlier this year, when Suboxone Film became subject to generic competition, Indivior retained a high portion of the opioid-addiction treatment market.
The indictment charges Indivior with conspiracy to commit wire fraud, mail fraud, and health care fraud. In addition, the indictment charges the company with one count of health care fraud, four counts of mail fraud, and twenty-two counts of wire fraud. An indictment merely alleges that crimes have been committed. All defendants are presumed innocent until proven guilty beyond a reasonable doubt.
“As this case makes clear, our office will aggressively prosecute health care fraud cases and particularly those that target people struggling with opioid addiction,” First Assistant United States Attorney Daniel P. Bubar of the Western District of Virginia said today. “We are grateful for the tireless investigative work of our partners at FDA, Virginia Medicaid Fraud Control Unit, HHS, and the U.S. Postal Service for taking on these types of important investigations.”
“Our indictment alleges a wide-ranging and truly shameful scheme to put profits over the health and well-being of patients trying to manage substance use disorder and opioid dependence,” said Attorney General Mark R. Herring. “It’s incredibly frustrating that while we have been working to remove the stigma around medication-assisted treatment and make it more widely available, Indivior was allegedly conspiring to exploit patients, taxpayers, and the expansion of MAT. My team and I are proud to have helped lead this investigation, and look forward to helping bring it to a just and fair conclusion.”
“Opioid addiction is a public health emergency and medication-assisted opioid treatment options are an important tool for combatting this crisis. This investigation revealed that Indivior tried to mislead FDA and game the system by attempting to bar competition for Suboxone from the market,” said Melinda K. Plaisier, FDA Associate Commissioner for Regulatory Affairs. “We will continue to pursue and bring to justice those who participate in these schemes to the detriment of public health.
The United States Attorney’s Office for the Western District of Virginia and the Department of Justice’s Consumer Protection Branch are prosecuting the case. The case was investigated by the Food and Drug Administration’s Office of Criminal Investigations, the Virginia Attorney General’s Medicaid Fraud Control Unit, Department of Health and Human Services’ Office of the Inspector General, and United States Postal Service Office of Inspector General. Additional information about the Consumer Protection Branch and its enforcement efforts may be found at http://www.justice.gov/civil/consumer-protection-branch. For more information about the U.S. Attorney’s Office for the Western District of Virginia, visit its website at https://www.justice.gov/usao-wdva.
This prosecution is part of a coordinated effort by the Department’s Prescription Interdiction & Litigation (PIL) Task Force to deploy all available criminal, civil, and regulatory tools to hold opioid manufacturers accountable for unlawful practices and to ensure that prescription opioid products are marketed truthfully.
Four More Defendants Sentenced in Drug Conspiracy that Trafficked Crystal Ice, Oxycodone and Other Drugs into Virginia from GeorgiaRead the Press Release
Abingdon, VIRGINIA – Four members of a drug distribution organization that trafficked methamphetamine, heroin, oxycodone, cocaine, and other drugs from Georgia into Southwest Virginia were sentenced recently in federal court on drug conspiracy charges, United States Attorney Thomas T. Cullen and Virginia Attorney General Mark R. Herring announced.
In a hearing last week, Timothy Terrell Peek, 34, of Union Point, Georgia, was sentenced to 108 months’ incarceration. He previously pleaded guilty to one count of conspiracy to distribute methamphetamine, heroin, oxycodone, cocaine, and alprazolam.
Also in recent weeks, Douglas Michael Urnick, 36, of Coeburn, Va., was sentenced to 24 months’ incarceration; Dale August Leichtenberg, 39, of Saint Charles, Va., was sentenced to 5 months’ incarceration; and Rebecca Owens, 58, of Big Stone Gap, Va., was sentenced to a period of three years’ probation. Each defendant previously pleaded guilty to one count of conspiracy to distribute controlled substances, to include methamphetamine, heroin, oxycodone, and alprazolam.
“In 2017, more than 72,000 Americans died from fatal drug overdoses—more than the total number of U.S. troops killed during the Vietnam War,” U.S. Attorney Cullen stated. “Heroin, fentanyl, and other prescription opioids are the leading causes of this death epidemic, which has also devastated the Western District of Virginia. As U.S. Attorney, I am committed to working with our federal, state, and local partners to target individuals and organizations primarily responsible for importing, distributing, and unlawfully prescribing these deadly substances and sending them to federal prison. We are also committed to meaningful prevention and recovery initiatives, recognizing that we can’t arrest our way out of this crisis.”
“Prescription drug abuse remains a concern throughout Virginia and my team and I work diligently with our law enforcement partners to bring those who distribute drugs in the Commonwealth to justice,” Virginia Attorney General Herring said today. “We appreciate the hard work and dedication of our law enforcement partners in connection with this investigation. My office will continue our work to address the prescription drug epidemic in the Commonwealth to make our communities safer.”
In all, 11 individuals are charged as part of this drug trafficking conspiracy. One defendant remains scheduled for sentencing in October 2019. The two lead defendants are scheduled for trial in September 2019.
According to court records and evidence presented at previous hearings by Special Assistant United States Attorney and Virginia Assistant Attorney General Suzanne Kerney-Quillen, these defendants conspired to traffic a variety of controlled substances, including methamphetamine, heroin, cocaine, morphine, oxycodone, and alprazolam, from sources in Watkinsville, Athens, and Augusta, 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 197 grams of crystal ice methamphetamine, in addition to heroin, cocaine, morphine, and oxycodone, with a street value of nearly $30,000.
The investigation of the case was conducted by the Southwest Virginia Drug Task Force, Virginia State Police, and the Bureau of Alcohol, Tobacco, Firearms, and Explosives. Lee County Sheriff’s Office, Scott County Sheriff’s Office, Wise County Sheriff’s Office, Norton Police Department, Big Stone Gap Police Department, and the U.S. Marshals also assisted with the execution of search warrants and arrests connected with this case. 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, prosecuted the case for the United States.
National Crime Victims’ Rights Week Event Set for April 7 in CharlottesvilleRead the Press Release
Charlottesville, VIRGINIA – In commemoration of National Crime Victims’ Rights Week, the Jefferson Area Victim Assistance Coalition will host a Community Day on Sunday, April 7 from 2 p.m. to 6 p.m. at IX Park in Charlottesville. This event is planned as a way to highlight recovery and other resources available to crime victims in the Greater Jefferson Area, provide the community with information about law-enforcement, emphasize prevention education, and foster the ties between law-enforcement and the communities they serve.
Sunday’s event is free and family-friendly with interactive demonstrations and information available from dozens of federal, state, and local law-enforcement agencies and service providers. There will be plenty for kids, and adults, to see and do, including police motorcycles, firetrucks, police cars, K9 officers, activities, games, food, and more.
Additionally, there will be information available about local community groups, service providers, drug prevention tips, exhibitions, and more. A particular area of focus is crimes against the elderly.
Information will be available from the United States Attorney’s Office that focuses on schemes directed at seniors, such as phone scams, healthcare scams, frauds involving grandchildren, and IRS imposter scams. Additional information will be available offering tips to keep seniors safe from falling victim to these frauds, as well as information about what to do if an elder person believes they have been a victim of fraud. In addition, the U.S. Attorney’s Office will have information available regarding Project Safe Neighborhoods, (PSN) and identity theft prevention programs.
PSN, the centerpiece of DOJ’s violent crime reduction efforts, is a nationwide initiative that brings together federal, state, and local law-enforcement officials, prosecutors, and community leaders to identify the most pressing violent crime problems in a community and develop comprehensive solutions to address them.
The identity theft recovery program offers attendees a wealth of knowledge on steps to take to both protect their identities from being stolen and steps to take if they believe they have been the victim of identity theft. Brochures will be on-hand with important numbers, sample letters to give to creditors, and other information to take home as part of a personal recovery plan.
The Office for Victims of Crime of the U.S. Department of Justice leads communities throughout the country in their annual observances of National Crime Victims’ Rights Week by promoting victims’ rights and honoring crime victims and those who advocate on their behalf. This year’s theme, Honoring the Past. Creating Hope for the Future celebrates the progress made by those in the past as we look into the future of a crime victims’ services future that is even more inclusive, assessable, and trauma-informed.
The Jefferson Area Victim Assistance Coalition consists of members from the Albemarle County Victim/Witness Program, Charlottesville Victim/Witness Program, Fluvanna County Victim/Witness Program, Greene County Victim/Witness Program, Homeland Security Victim Assistance Program, Louisa County Victim/Witness Program, Sexual Assault Resource Agency, University of Virginia Victim/Witness Program, the Federal Bureau of Investigation Victim Assistance Program, the Shelter for Help in Emergency and the United States Attorney’s Office Victim/Witness Program.
Officials from More Than a Dozen Agencies across Western Virginia Announce Results of Operation Triple BeamRead the Press Release
Roanoke, VIRGINIA – United States Attorney Thomas T. Cullen and Acting United States Marshal Brad Sellers were joined by officials from more than a dozen law enforcement agencies throughout the Roanoke Valley today in announcing the results of Operation Triple Beam, an intensive law enforcement operation that recently came to a successful conclusion.
Operation Triple Beam brought together federal, state, and local law enforcement partners in an effort to reduce crime in the Roanoke area by identifying and arresting violent fugitives, targeting unlawful gun possession and narcotics trafficking, and collecting intelligence to allow for the systematic removal of individuals who have committed and are committing crimes in the city of Roanoke.
“Over the past two months, federal, state, and local law enforcement agencies in the Roanoke Valley worked collaboratively to apprehend wanted fugitives and target individuals engaged in drug trafficking and potentially violent activities,” U.S. Attorney Cullen stated today. “The results of Operation Triple Beam speak for themselves—over 200 fugitives were arrested and nearly 50 guns and half a million dollars of illegal narcotics were taken off the streets. I am grateful for the leadership of Marshal Sellers and his team and the commitment of our numerous federal, state, and local partners in this critical public-safety initiative.”
“Operation Triple Beam was a unified event, within the Roanoke valley law enforcement community, aimed at reducing those elements that contribute to violent crime rates,” said Acting U.S. Marshal Sellers. “Our success is directly attributable to the cohesive support of our area’s law enforcement agencies and the Prosecution teams serving those communities. This force-multiplier, team focused, event allowed for greater emphasis towards the common goal of making our communities safer; which I believe we accomplished.”
“We thank all of our law enforcement partners, with whom ATF has worked to ensure justice for the victims, their families and the communities adversely affected by the thoughtless and selfish actions of those criminals in our streets,” stated Ashan Benedict, Special Agent in Charge of the ATF Washington Field Division. “Today, and every day, ATF is committed to working with our partners to reduce violent crime and secure the safety of our communities.”
“The strong working relationships that have existed for years among the local, state, and federal law enforcement agencies in the Roanoke Valley made it much easier for the agencies to work together effectively during this operation,” said Assistant Chief Chuck Mason of the Roanoke County Police Department.
Between January 2019 and March 2019, Operation Triple Beam made 209 arrests, seized 49 firearms, seized narcotics with a street value of $497,340, and seized $79,821 in currency. In addition to the arrests and seizures, officers engaged in Triple Beam operations gathered intelligence as part of ongoing investigations. Those arrested are charged with various state and federal crimes, such as distribution of a controlled substance or possession of a firearm in furtherance of a felony, among other charges.
Operation Triple Beam was a success due to the partnership of the following agencies:
U.S. Marshals Service
U.S. Attorney’s Office for the Western District of Virginia
Bureau of Alcohol, Tobacco, Firearms, and Explosives
Drug Enforcement Administration
Federal Bureau of Investigation
Virginia State Police
High Intensity Drug Trafficking Area
Roanoke City Police Department
Roanoke County Police Department
Salem Police Department
Virginia National Guard
Virginia Department of Corrections
Office of the Commonwealth’s Attorney for the City of Roanoke
Office of the Commonwealth’s Attorney for the County of Roanoke
Office of the Commonwealth’s Attorney for Salem
Ohio Man Pleads Guilty to 29 Federal Hate Crimes for August 2017 Car Attack at Rally in CharlottesvilleRead the Press Release
James Alex Fields, Jr., 21, the Ohio man who drove his car into a diverse crowd of counter-protestors on Aug. 12, 2017, killing one woman and injuring dozens, pleaded guilty today in U.S. District Court to 29 counts of violating the federal Matthew Shepard and James Byrd Jr. Hate Crimes Prevention Act, 18 U.S.C. § 249. The charges included one count of a hate crime act that resulted in the death of Heather Heyer, and 28 counts of hate crime acts that caused bodily injury and involved an attempt to kill other people within the crowd. Each of the 29 counts carries a maximum sentence of life imprisonment and a fine of up to $250,000. Attorney General William P. Barr, FBI Director Christopher Wray, United States Attorney Thomas T. Cullen, Assistant Attorney General for the Civil Rights Division Eric Dreiband, and Special Agent in Charge David Archey of the FBI’s Richmond Division made the announcement.
“In the aftermath of the mass murder in New Zealand earlier this month, we are reminded that a diverse and pluralistic community such as ours can have zero tolerance for violence on the basis of race, religion, or association with people of other races and religions,” Attorney General William P. Barr said. “Prosecuting hate crimes is a priority for me as Attorney General. The defendant in this case has pled guilty to 29 hate crimes which he committed by driving his car into a crowd of protesters. These hate crimes are also acts of domestic terrorism. I want to thank the FBI for leading this investigation along with our partners with the Charlottesville Police Department and the Virginia State Police. I also want to thank Assistant Attorney General for Civil Rights Eric Dreiband and our Civil Rights Division and U.S. Attorney Cullen and his office for their hard work in reaching today's guilty plea, which brings us one step closer to bringing the defendant to justice. We will continue to vigorously prosecute violent crimes of hate and we will not allow violence to supplant our pluralism.”
“The violence in Charlottesville was an act of hate, and everyone across the country felt the impact," said FBI Director Christopher Wray. "This guilty plea underscores that we won’t stand for hate and violence in our communities. Together with our law enforcement and community partners, we’ll continue to aggressively investigate hate crimes, domestic terrorism and civil rights violations.”
“The defendant’s hate-inspired act of domestic terrorism not only devastated Heather Heyer’s wonderful family and the 28 peaceful protestors who were injured at the intersection of Fourth and Water Streets, but it also left an indelible mark on the City of Charlottesville, our state, and our country,” U.S. Attorney Cullen stated today. “Although the defendant’s guilty plea cannot undo the pain, suffering, and loss that he caused, it is my hope that it will enable these victims and our community to continue the healing process.”
According to a statement of facts agreed to and signed by Fields, and entered into the court record at his guilty plea hearing, Fields admitted 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.
With regard to the details of the attack, Fields also admitted that, prior to Aug. 12, 2017, he used social media accounts to express and promote white supremacist views on his social media accounts; to express support of 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 also expressed these views directly in interactions with individuals known to him.
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.
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 28 people nearby.
The investigation of the case was led by the FBI and supported by the Charlottesville Police Department and Virginia State Police. United States Attorney Thomas T. Cullen, Assistant United States Attorney Christopher Kavanaugh, and Trial Attorney Risa Berkower with the Civil Rights Division of the Department of Justice are prosecuting the case for the United States.
For more information about DOJ’s work to combat and prevent hate crimes, visit www.justice.gov/hatecrimes: a one-stop portal with links to DOJ hate crimes resources for law enforcement, media, researchers, victims, advocacy groups, and other organizations and individuals.
Ohio Man Pleads Guilty to 29 Federal Hate Crimes for August 2017 Car Attack at Rally in CharlottesvilleRead the Press Release
WASHINGTON – James Alex Fields Jr., 21, the Ohio man who drove his car into a diverse crowd of counter-protestors on Aug. 12, 2017, killing one woman and injuring dozens, pleaded guilty today in U.S. District Court to 29 counts of violating the federal Matthew Shepard and James Byrd Jr. Hate Crimes Prevention Act, 18 U.S.C. § 249. The charges included one count of a hate crime act that resulted in the death of Heather Heyer, and 28 counts of hate crime acts that caused bodily injury and involved an attempt to kill other people within the crowd. Each of the 29 counts carries a maximum sentence of life imprisonment and a fine of up to $250,000. Attorney General William P. Barr, FBI Director Christopher Wray, United States Attorney Thomas T. Cullen, Assistant Attorney General for the Civil Rights Division Eric Dreiband, and Special Agent in Charge David Archey of the FBI’s Richmond Division made the announcement.
“In the aftermath of the mass murder in New Zealand earlier this month, we are reminded that a diverse and pluralistic community such as ours can have zero tolerance for violence on the basis of race, religion, or association with people of other races and religions,” Attorney General William P. Barr said. “Prosecuting hate crimes is a priority for me as Attorney General. The defendant in this case has pled guilty to 29 hate crimes which he committed by driving his car into a crowd of protesters. These hate crimes are also acts of domestic terrorism. I want to thank the FBI for leading this investigation along with our partners with the Charlottesville Police Department and the Virginia State Police. I also want to thank Assistant Attorney General for Civil Rights Eric Dreiband and our Civil Rights Division and U.S. Attorney Cullen and his office for their hard work in reaching today's guilty plea, which brings us one step closer to bringing the defendant to justice. We will continue to vigorously prosecute violent crimes of hate and we will not allow violence to supplant our pluralism.”
“The violence in Charlottesville was an act of hate, and everyone across the country felt the impact," said FBI Director Christopher Wray. "This guilty plea underscores that we won’t stand for hate and violence in our communities. Together with our law enforcement and community partners, we’ll continue to aggressively investigate hate crimes, domestic terrorism and civil rights violations.”
“The defendant’s hate-inspired act of domestic terrorism not only devastated Heather Heyer’s wonderful family and the 28 peaceful protestors who were injured at the intersection of Fourth and Water Streets, but it also left an indelible mark on the City of Charlottesville, our state, and our country,” U.S. Attorney Cullen stated today. “Although the defendant’s guilty plea cannot undo the pain, suffering, and loss that he caused, it is my hope that it will enable these victims and our community to continue the healing process.”
According to a statement of facts agreed to and signed by Fields, and entered into the court record at his guilty plea hearing, Fields admitted 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.
With regard to the details of the attack, Fields also admitted that, prior to Aug. 12, 2017, he used social media accounts to express and promote white supremacist views on his social media accounts; to express support of 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 also expressed these views directly in interactions with individuals known to him.
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.
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 28 people nearby.
The investigation of the case was led by the FBI and supported by the Charlottesville Police Department and Virginia State Police. United States Attorney Thomas T. Cullen, Assistant United States Attorney Christopher Kavanaugh, and Trial Attorney Risa Berkower with the Civil Rights Division of the Department of Justice are prosecuting the case for the United States.
Grayson County Woman Pleads Guilty to Health Care FraudRead the Press Release
Abingdon, VIRGINIA – A Troutdale, Va. woman, who worked as a Consumer Directed Services Facilitator (CDSF) to assist elderly and disabled Virginia Medicaid recipients, pleaded guilty yesterday in federal court to healthcare fraud, United States Attorney Thomas T. Cullen and Virginia Attorney General Mark R. Herring announced.
Crystal Michelle Smith, 50, pleaded guilty yesterday to one count of health care fraud. At sentencing, she faces up to ten years in prison and up to a $250,000 fine.
“Protecting federal health-care programs and their beneficiaries from fraud, waste, and abuse is among the top priorities of the U.S. Department of Justice,” U.S. Attorney Cullen stated today. “We will continue to work closely with the Virginia Attorney General’s Office and the Medicaid Fraud Control Unit to investigate individuals and entities, like this defendant, who abuse the trust of these programs and the people they are supposed to serve.”
“We will continue to work closely with our federal partners to root our provider fraud because it weakens this important program for those who truly need it,” said Attorney General Mark R. Herring.
According to information presented at yesterday’s guilty plea by Special Assistant United States Attorney and Virginia Assistant Attorney General Janine M. Myatt, 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 reassessment, routine visits and training 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.
Woman Who Temporarily Lived in a Charlottesville Hotel Indicted on Obstruction and False Statement ChargesRead the Press Release
Charlottesville, VIRGINIA – A federal grand jury sitting in U.S. District Court in Charlottesville has charged a woman who had lived in Charlottesville with multiple counts of making false statements, obstruction, and harboring a fugitive after she allegedly lied to agents with the U.S. Marshals Service regarding the whereabouts of a convicted sex offender. United States Attorney Thomas T. Cullen and Acting United States Marshal Richard “Brad” Sellers made the announcement today.
In an indictment returned under seal on March 13, 2019 and unsealed today following her initial court appearance and arraignment, Janna Rebecca Smith, a.k.a. “Rabbit,” 43, is charged with three counts of making false statements, one count of obstruction of justice, and one count of harboring or concealing a person for whose arrest she knew a warrant had been issued.
“Making a false statement to a federal agent is a serious crime and one that this office will vigorously prosecute,” U.S. Attorney Cullen stated today. “We will also investigate and prosecute individuals who unlawfully impede the United States Marshals Service in the performance of their duties, including by harboring fugitives or registered sex offenders.”
“Lying to federal officials during the course of their investigation cannot and will not be tolerated,” Acting U.S. Marshal Sellers said today. “These charges illustrate an alleged blatant disregard for the rule of law, that deserve the prosecutorial attention they are getting. Our Deputy Marshals, along with our fugitive task force officers, do their utmost best to make our communities safer on a daily basis.”
According to the indictment, between approximately May 30, 2018 and July 10, 2018, Smith assisted Christopher Mixell, a previously-convicted sex offender with an outstanding arrest warrant, evade arrest in part by providing false information to the United States Marshals Service. The United States Attorney’s Office recently concluded a prosecution of Mixell for failing to update his sex offender registration. His case is presently on appeal.
The Indictment alleges that Smith made false statements to the United States Marshals Service on three separate dates between May 31, 2018, and July 10, 2018, concerning her alleged lack of knowledge about Mixell’s whereabouts and her alleged lack of contact with Mixell. The other two charges allege, in part, that Smith assisted Mixell in evading arrest between May 30, 2018, and July 10, 2018.
The investigation of the case was conducted by the U.S. Marshals Service. Assistant United States Attorney Nancy S. Healey 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.
Former Virginia State Police Special Agent Convicted of Bribery, Obstruction of Justice, and Lying to the FBI Following Five Day Jury TrialRead the Press Release
Abingdon, VIRGINIA – Shade Carlton Workman, 46, a Virginia State Police Special Agent, who was recently the commander of the Tazewell County High Intensity Drug Task Force, was convicted on Friday, March 22, 2019, following a five-day jury trial, of federal bribery, obstruction of justice, and making a false statement to a federal agent, United States Attorney Thomas T. Cullen announced. The jury acquitted him of an additional charge of obstruction of justice and one count of using a facility of interstate commerce to commit a federal crime.
According to the evidence presented at trial, Workman, the former commander of the Tazewell County High Intensity Drug Task Force (HIDTA), a specialized multi-agency drug-enforcement unit partially funded through the National Office of Drug Control Policy, unlawfully solicited and received sexual favors from female confidential informants in exchange for agreeing to assist them with pending criminal charges. The evidence further showed that when these female confidential informants expressed their reluctance about having sex with him, Workman regularly threatened and implied that they would face lengthy prison terms and extended separation from their children. When the FBI interviewed Workman during the summer of 2018, he falsely denied having inappropriate or sexual relationships with confidential informants. Although Workman had deleted text messages evidencing inappropriate sexual relationships with informants from his Virginia State Police-issued phone—and had directed multiple informants to do the same—the FBI was able to recover a large number of text messages, which the government presented at trial.
“This defendant, who had sworn to uphold the Constitution and laws of Virginia, preyed on particularly vulnerable victims and abused the public’s trust,” U.S. Attorney Cullen stated. “His aggravated criminal conduct also dishonored the men and women of the Virginia State Police who serve our Commonwealth with bravery, honor, and distinction. I am grateful for the FBI’s diligence and determination in investigating this corrupt cop and bringing him to justice.”
“The defendant’s conduct is certainly not indicative of the caliber and dedication of men and women who work at the Virginia State Police,” said Special Agent in Charge David W. Archey of the FBI’s Richmond Division. “Workman’s conviction demonstrates the commitment of our agencies to hold those who violate their oath accountable, and to find justice to those who place their trust in law enforcement.”
“The Department regards every allegation related to this case as very serious and most unacceptable in nature,” said Col. Gary T. Settle, Virginia State Police Superintendent. “As concerning as it is to have a state police employee found guilty of such criminal violations, this was an isolated situation and not representative of the respected quality and dedication demonstrated daily by our employees across the Commonwealth.”
The investigation of the case was conducted by the Federal Bureau of Investigation and the Virginia State Police with assistance from the Tazewell County Sheriff’s Office. United States Attorney Cullen and Assistant United States Attorneys Zachary T. Lee and Lena Busscher tried the case for the United States.
Federal Grand Jury Indicts 12 Members of Jalisco New Generation Cartel (CJNG)Read the Press Release
Harrisonburg, VIRGINIA – A federal grand jury sitting in U.S. District Court in Harrisonburg has indicted 12 members of Jalisco New Generation Cartel (CJNG), a Mexican-based criminal organization considered by the Department of Justice to be one of the five most dangerous transnational organizations in the world, on federal drug conspiracy charges, United States Attorney Thomas T. Cullen announced today.
“CJNG is one of the most dangerous drug cartels in the world, and its members and associates are actively operating in the Shenandoah Valley and Southside Virginia,” United States Attorney Cullen stated today. “Dismantling organized drug activity and staunching the flow of deadly substances like heroin and cocaine into our communities are among my top priorities as U.S. attorney. I am grateful that our federal, state, and local partners share this goal and for their hard work during the course of this investigation.”
“This investigation demonstrates the extensive reach of Mexican drug cartels and the dangers posed by their presence and activities in the Western District of Virginia and across the Commonwealth,” said Jesse R. Fong, Special Agent in Charge of DEA Washington Field Division. “The DEA will continue to work with our federal, state, and local law enforcement partners, as well as the U.S. Attorney’s Office, to hold these powerful cartels accountable for the destruction they cause.”
In an indictment returned under seal on March 5, 2019, and unsealed today following the initial court appearance of two defendants, the grand jury charges:
- Ramon Carillo-Ruvalcaba, a.k.a. “The Barber” one count of conspiracy to distribute and possess with the intent to distribute cocaine, heroin, and marijuana.
- Eduardo Contreras-Devora, one count of conspiracy to distribute and possess with the intent to distribute cocaine, heroin, and marijuana and one count of possession of a firearm in furtherance of a drug trafficking crime.
- Daniel Gomez-Barajas, one count of conspiracy to distribute and possess with the intent to distribute cocaine, heroin, and marijuana.
- Roman Idearte-Bolanos, one count of conspiracy to distribute and possess with the intent to distribute cocaine, heroin, and marijuana.
- Alberto Jijon, one count of conspiracy to distribute and possess with the intent to distribute cocaine, heroin, and marijuana.
- Miguel Angel Patricio-Cajero, one count of conspiracy to distribute and possess with the intent to distribute cocaine, heroin, and marijuana.
- Isdro Ramos-Bojorquez, a.k.a. “Chilo” one count of conspiracy to distribute and possess with the intent to distribute cocaine, heroin, and marijuana.
- Jesus Rogelio Ramirez, a.k.a. “Jesse” one count of conspiracy to distribute and possess with the intent to distribute cocaine, heroin, and marijuana.
- Jonathan Rocas-Osorio, a.k.a. “Oscar Osorio-Munoz” one count of conspiracy to distribute and possess with the intent to distribute cocaine, heroin, and marijuana.
- Ana Bella Sanchez-Rios, one count of conspiracy to distribute and possess with the intent to distribute cocaine, heroin, and marijuana and one count of money laundering.
- Ritchie Triplett, one count of conspiracy to distribute and possess with the intent to distribute cocaine, heroin, and marijuana.
- Ernesto Valenzuela-Flores, a.k.a. “Juan Flores-Arrellano” one count of conspiracy to distribute and possess with the intent to distribute cocaine, heroin, and marijuana.
According to the indictment, between January 2015 and February 2019, the defendants trafficked multiple kilograms of cocaine, heroin and marijuana from Mexico into the United States. As part of the alleged conspiracy, CJNG members recruited individuals from Mexico to reside in Axton and Winchester, Virginia to facilitate the distribution of cocaine, heroin, and marijuana.
As part of the conspiracy, it is alleged that the defendants maintained a series of residential properties in and around Axton for the purpose of receiving, storing, packaging, and distributing multiple kilograms of cocaine and multiple pounds of marijuana which they had received directly from members of CJNG. These drugs were then allegedly shipped to Winchester, and elsewhere throughout the Mid-Atlantic region, for redistribution.
In addition, the indictment charges Sanchez-Rios, who owns and operates a money transmitting business, with money laundering. Between May 2016 and September 2018, Sanchez-Rios transmitted funds that she knew had been derived from a criminal offense, specifically drug trafficking.
The investigation of the case was conducted by the Drug Enforcement Administration, the Department of Homeland Security-Homeland Security Investigations, the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Federal Bureau of Investigations, the Northwest Virginia Regional Drug and Gang Task Force (NWVRDGTF), the Henry County Sheriff’s Office, and the Virginia State Police. Assistance was provided by the Winchester Sheriff’s Office. Assistant United States Attorneys Erin M. Kulpa and Sean Welsh are prosecuting the case for the United States.
This investigation was funded in part by the federal Organized Crime Drug Enforcement Task Force (OCDETF) Program. The OCDETF program supplies critical federal funding and coordination that allows federal and state agencies to work together to successfully identify, investigate, and prosecute major interstate and international drug trafficking organizations and other criminal enterprises.
The NWVRDGTF uses the combined efforts of local, state, and federal agencies to actively pursue those groups or individuals who manufacture, distribute, or sell illegal narcotics. The NWVRDGTF is comprised of the Virginia State Police, the Winchester Police Department, the Front Royal Police Department, the Strasburg Police Department, the Frederick County Sheriff’s Office, the Page County Sheriff’s Office, the Warren County Sheriff’s Office, the Shenandoah County Sheriff’s Office, and the Clarke County Sheriff’s Office.
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.
Two Defendants Sentenced in Drug Conspiracy InvestigationRead 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 sentenced recently in federal court in Abingdon on drug conspiracy charges. United States Attorney Thomas T. Cullen and Virginia Attorney General Mark R. Herring made the announcement today.
“Oxycodone is a highly addictive and dangerous drug,” United States Attorney Cullen stated today. “The statistics are staggering: More people die each year from overdose deaths than from other causes, including vehicle crashes. My office will continue to aggressively prosecute those who traffic oxycodone, while also working with the Courts and community stakeholders through education, outreach, and specialty Court dockets to address the opioid epidemic in our communities.”
“Oxycodone remains a highly abused drug throughout the Commonwealth and, in particular, Southwest Virginia. We work diligently with our law enforcement partners to crack down on those who distribute prescription drugs in the Commonwealth,” Virginia Attorney General Herring said today. “We appreciate the hard work and dedication of our law enforcement partners in connection with this investigation and will continue to aggressively prosecute those who endanger the lives of our citizens.”
In a hearing last week in U.S. District Court in Abingdon, Audrea Augusta Woodward, 50, of Big Stone Gap, Va., was sentenced to 48 months in federal prison. Woodward previously pleaded guilty to one count of conspiring to possess with the intent to distribute and distributing oxycodone.
On March 12, 2019, Paul Thomas Jones, 26, of Pennington Gap, Va., was sentenced to serve 18 months in federal prison. Jones previously pleaded guilty to one count of conspiring to possess with the intent to distribute and distributing oxycodone.
In all, 11 individuals have been charged as part of this drug trafficking conspiracy. Two defendants were sentenced earlier this year for their roles in the conspiracy, with three others scheduled for sentencing in the coming months. The two lead defendants are scheduled for trial in September 2019.
According to court records and evidence presented at hearings in these matters by Special Assistant United States Attorney and Virginia Assistant Attorney General Suzanne Kerney-Quillen, these defendants conspired to traffic oxycodone from sources in Watkinsville, Athens, and Augusta, 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 197 grams of crystal ice methamphetamine, in addition to heroin, cocaine, morphine, and oxycodone. Woodward agreed that she was responsible for conspiring to distribute, possessing with the intent to distribute, and actually distributing 1,200 dose units of oxycodone during the conspiracy. Jones accepted responsibility for nearly 381 dose units of oxycodone tablets, which he obtained and distributed during the course of this conspiracy.
The investigation of the case was conducted by the Southwest Virginia Drug Task Force, Virginia State Police, and the Bureau of Alcohol, Tobacco, Firearms, and Explosives. Lee County Sheriff’s Office, Scott County Sheriff’s Office, Wise County Sheriff’s Office, Norton Police Department, Big Stone Gap Police Department, and the U.S. Marshals also assisted with the execution of search warrants and arrests connected with this case. 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, prosecuted the case for the United States.
Danville Man Sentenced on Wire Fraud, Identity Theft, Student Loan Fraud ChargesRead the Press Release
Danville, VIRGINIA – A Danville resident, who committed federal student loan fraud by enrolling dozens of individuals in online universities for personal financial gain, was sentenced yesterday in federal court to more than nine years in prison, United States Attorney Thomas T. Cullen announced.
Tyrone Dwayne Young, 30, was sentenced yesterday to 111 months in federal prison. The Court, also ordered Young to pay restitution of more than $1.1 million to the United States Department of Education and eight institutions of higher education, including Strayer University, Capella University, Post University, the University of Phoenix, Derry University, Kaplan University, Argosy University and Liberty University based in Lynchburg. The Court’s sentencing orders follow Young’s guilty plea on November 1, 2018, to one count of wire fraud, one count of student loan fraud, and one count of aggravated identity theft, the latter of which carries a mandatory sentence of two years.
According to information presented at previous hearings by Assistant United States Attorney Kari Munro, beginning in or about May 2016, Young started using the personal identifiers of family members and friends to enroll them as students in online universities. Working through Department of Education and university websites, he created fraudulent student profiles to enroll his victims in online courses of study for the purpose of obtaining federal student loans in their names. His victims never completed their courses of study and eventually failed or were withdrawn, in most instances after student loan funds for their educational programs had been disbursed. Young tracked and orchestrated the receipt of these fraudulent student loan funds for personal use.
Eventually, Young expanded his efforts to include individuals outside his immediate circle of family and friends. Posing as a higher education employee, Young encouraged low-income residents in the greater Danville area to provide their personal identifiers for enrollment purposes, promising free government money and other benefits. In all, Young’s scheme involved the use of personal identifying information for more than 60 individuals, resulting in an attempted loss to the Department of Education and affected institutions of more than $1.4 million.
Investigation of this case was conducted by the United States Department of Education, Office of Inspector General and the United States Postal Inspection Service, with assistance from the Virginia State Police. Assistant United States Attorney Kari Munro prosecuted the case for the United States.
Pair of Mexican Nationals Sentenced in Large Scale Cocaine Distribution ConspiracyRead the Press Release
Harrisonburg, VIRGINIA – A pair of Mexican nationals associated with one of the most dangerous drug cartels in Mexico were sentenced this week in U.S. District Court in Harrisonburg for illegally distributing large amounts of cocaine in and around the Winchester area, United States Attorney Thomas T. Cullen announced.
Blas Rodriguez-Avila, a.k.a. “Kiko” a.k.a. “Flaco,” 28, was sentenced Wednesday, February 27, 2019 to 156 months in prison. The defendant previously pleaded guilty to one count of conspiracy to distribute and to possess with the intent to distribute more than 500 grams of cocaine and one count of receiving and possessing a firearm while an alien illegally and unlawfully in the United States.
Hector Manuel Naal-Huchin, a.k.a. “Yuca,” 32, was sentenced Wednesday, February 27, 2019 to 130 months in prison. The defendant previously pleaded guilty to one count of conspiracy to distribute and to possess with the intent to distribute more than 500 grams of cocaine.
“These defendants were part of a drug cartel that is responsible for distributing thousands of grams of cocaine in the Shenandoah Valley,” United States Attorney Cullen stated today. “We are committed to working with our federal, state, and local partners throughout the region to dismantle these drug-trafficking organizations and send their members to federal prison.”
“DEA and our partners work hard every day to ensure the safety of our communities,” said DEA Special Agent in Charge Jesse R. Fong. “Following this case through to sentencing shows our commitment to hold accountable those who jeopardize the safety of our neighborhoods. We will continue to make it our priority to investigate and hold accountable these powerful cartels that have a callous disregard for the destruction they cause.”
“The Northwest Virginia (NWVA) Regional Drug and Gang Task Force is appreciative of its member agencies and our federal partners for their hard work and dedicated efforts put forth for this extensive, multi-state, transnational investigation,” said Special Agent Joshua Price, NWVA Regional Drug and Gang Task Force Coordinator. “Not only did these collaborative efforts cut off a significant supplier of cocaine to the City of Winchester and the Upper Shenandoah region, but also shut down an extremely violent drug network that stretched from coast to coast.”
According to evidence presented at court hearings by Assistant United States Attorney Erin M. Kulpa, Rodriguez-Avila and Naal-Huchin were both affiliated with the powerful drug cartel, Cartel Jalisco Nueva Generacion (CJNG). CJNG is one of the most powerful cartels in Mexico and the Department of Justice considers it to be one of the five most dangerous transnational criminal organizations in the world, responsible for trafficking many tons of cocaine, methamphetamine, and fentanyl-laced heroin into the United States, as well as for violence and significant loss of life in Mexico.
Between 2017 and 2018, Rodriguez-Avila traveled between California, Texas and Virginia to direct the transport of large quantities of cocaine into the Winchester area. Rodriguez-Avila served as a source of cocaine supply for dealers in the area, including Naal-Huchin, and employed several others to bring shipments of multiple kilograms of cocaine at a time into Winchester, paying them between $2,000 and $5,000 to drive vehicles with hidden compartments carrying up to 5 kilograms of cocaine from Texas to Virginia and from California to Virginia. In the fall of 2017, Rodriguez-Avila paid one of his drug couriers to act as a straw purchaser to obtain two semi-automatic rifles and a shotgun for him from a gun store in Winchester.
On February 1, 2018, law enforcement intercepted Rodriguez-Avila as he was bringing two drug couriers to the airport to fly from Washington, D.C. to California with instructions to drive cocaine back to Virginia. Rodriguez-Avila had given $12,000 in bulk cash to the drug couriers to smuggle to California. That same day, agents executed search warrants at the residences of Rodriguez-Avila and Naal-Huchin, where they found a kilogram of cocaine, cutting and packaging materials, a ledger of drug transactions, and an additional $4,500 in cash.
The investigation of the case was conducted by the Drug Enforcement Administration, the Northwest Virginia Regional Drug and Gang Task Force (NWVRDGTF), the Department of Homeland Security-Homeland Security Investigations, the Bureau of Alcohol, Tobacco, Firearms and Explosives, and the Federal Bureau of Investigation. Assistant United States Attorney Erin M. Kulpa prosecuted the case for the United States.
This investigation was funded in part by the federal Organized Crime Drug Enforcement Task Force (OCDETF) Program. The OCDETF program supplies critical federal funding and coordination that allows federal and state agencies to work together to successfully identify, investigate, and prosecute major interstate and international drug trafficking organizations and other criminal enterprises.
The NWVRDGTF uses the combined efforts of local, state, and federal agencies to actively pursue those groups or individuals who manufacture, distribute, or sell illegal narcotics. The NWVRDGTF is comprised of the Virginia State Police, the Winchester Police Department, the Front Royal Police Department, the Strasburg Police Department, the Frederick County Sheriff’s Office, the Page County Sheriff’s Office, the Warren County Sheriff’s Office, the Shenandoah County Sheriff’s Office, and the Clarke County Sheriff’s Office.
Danville Man Convicted in Spree of Seven Armed Robberies Throughout VirginiaRead the Press Release
Lynchburg, VIRGINIA – A Danville man was convicted yesterday following a three-day jury trial of committing seven robberies and other charges related to numerous armed robberies of businesses in Danville, Bedford and Rocky Mount, Virginia and in Prospect Hill, North Carolina. 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.
A jury sitting in U.S. District Court in Lynchburg convicted Justin Lee Stallings, 33, yesterday of six counts of Hobbs Act robbery, one count of conspiracy to commit Hobbs Act Robbery, six counts of using a firearm in commission of a Hobbs Act robbery, and one count of being a convicted felon illegally in possession of a firearm.
“We are committed to working with our federal, state, and local partners to prosecute those who commit acts of violence in our communities,” U.S. Attorney Cullen stated. “Individuals, like Mr. Stallings, who unlawfully possess firearms and who use firearms to commit other violent acts, face very lengthy terms in federal prison. I am grateful for the leadership of the FBI in our PSN and anti-violence initiatives in the Southside and greater-Roanoke regions, as well as for the hard work of our local law-enforcement partners.”
“Residents of Danville, the Commonwealth of Virginia, and the State of North Carolina, are safer today as a result of Mr. Stallings' federal trial conviction in the Western District of Virginia. This successful investigation represents a collaborative effort by a team of dedicated federal and local law enforcement professionals working in concert under the PSN initiative,” said Thomas M. Chadwick, Acting Special Agent in Charge of the FBI’s Richmond Division. “The FBI is fully committed to the U.S. Attorney's Office PSN mission and will continue to work closely with our state, local, and federal partners to use legal process to remove violent offenders such as Mr. Stallings from our communities.”
Evidence presented at trial proved that Stallings committed seven robberies between December of 2016 and February of 2017. Specifically, Stallings used a firearm to commit robberies at each of the following businesses while engaged in interstate commerce:
- Dollar General located on South Main Street in Danville, Va., on December 8, 2016;
- Dollar General located on Westover Drive in Danville, Va. on January 8, 2017;
- KFC located on Memorial Drive in Danville, Va., on January 11, 2017;
- Charles’s Stop N Shop located on Westover Drive in Danville, Va., on January 20, 2017;
- Dollar General located in Caswell County, North Carolina, on January 25, 2017;
- Dollar General located on Blue Ridge Avenue in Bedford, Va., on February 5, 2017;
- Dollar General located on Pell Avenue in Rocky Mount, Va., on February 6, 2017.
During each robbery, Stallings brandished a firearm, pointing it at the employees of the various businesses, and demanding cash and/or other goods from the cash register or store safe.
The investigation of the case was conducted by the Federal Bureau of Investigation, the Danville Police Department, the Pittsylvania County Sheriff’s Office, the Caswell County (N.C.) Sheriff’s Office, the Bedford Police Department, the Rocky Mount Police Department and the Office of the Commonwealth’s Attorney for Bedford County. Assistant United States Attorneys Christopher Kavanaugh and Rachel Swartz prosecuted the case for the United States.
This case was brought as part of 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.
Waynesboro Man Faces Mandatory 10-Year Prison Sentence on Federal Meth ChargesRead the Press Release
Harrisonburg, VIRGINIA – A Waynesboro man, who expected to find thousands of grams of pure methamphetamine in a car tire being shipped from New Mexico instead found nothing thanks to the work of law enforcement, pleaded guilty last week in federal court to a pair of drug charges, United States Attorney Thomas T. Cullen announced.
Miguel Angel Moreno, 22, waived his right to be indicted and pleaded guilty recently in U.S. District Court in Harrisonburg to one count of conspiracy to possess with the intent to distribute 500 grams or more of methamphetamine and one count of attempting to possess with the intent to distribute 500 grams or more of methamphetamine. Each count carries a mandatory minimum sentence of 10 years in prison and a maximum statutory penalty of up to life. Moreno also faces a possible $10,000,000 fine.
“Crystal methamphetamine is an incredibly dangerous and addictive drug,” U.S. Attorney Cullen stated today. “We are committed to working with our federal, state, and local partners to stanch the flow of this substance into the Shenandoah Valley and aggressively prosecute organizations and individuals who distribute it.”
“Our message to drug traffickers and their accomplices is clear: individuals attempting to bring dangerous and deadly substances into our neighborhoods will be found,” said ICE Homeland Security Investigations, Washington, D.C. Special Agent in Charge Patrick J. Lechleitner. “We will not sit back and allow this poison to infiltrate the communities we call home.”
According to evidence presented at Moreno’s guilty plea hearing last week by Assistant United States Attorney Jeb Terrien, on June 20, 2018, law enforcement in New Mexico were conducting interdiction operations on Interstate 40 when an officer stopped a tractor-trailer car-hauler. During the traffic stop, the officer and his narcotics canine conducted a search of a jeep, located on the car-hauler. The canine alerted on the Jeep’s spare tire. Officers cut open the tire and recovered 23 packages of crystal methamphetamine, or 9,915 grams of pure methamphetamine. A further search uncovered an additional 4,269 grams of pure methamphetamine in the Jeep and additionally revealed the Jeep was to be delivered to an address in Waynesboro, Virginia.
On June 23, 2018, after replacing the cut tire with a new, now empty, spare tire, the Jeep was delivered to the agreed drop-off location, a gas station in Waynesboro, for pick-up by Miguel Moreno. The defendant arrived in a sports car, removed the spare tire from the Jeep, placed it in his sports car and drove away.
Shortly thereafter, the agents with Homeland Security Investigations and the Waynesboro Police Department executed a search warrant at Moreno’s residence where they recovered multiple cellular phones, digital scales, latex gloves, plastic baggies, and one, cut tire from the trunk of Moreno’s vehicle.
When questioned by police, Moreno admitted he knew the tire contained controlled substances and that the contents of the tire were valued at approximately $150,000.
The investigation of the case was conducted by the U.S. Immigration and Customs Enforcement-Homeland Security Investigations, the Drug Enforcement Administration, the Waynesboro Police Department, and the Waynesboro Commonwealth’s Attorney’s Office. Assistant United States Attorney Jeb Terrien is prosecuting the case for the United States.
Opinion: The Grave Threats of White Supremacy and Far-Right ExtremismRead the Press Release
New York Times Opinion (Published February 22, 2019)
By Thomas T. Cullen, United States Attorney for the Western District of Virginia
Last week, federal agents in Maryland arrested a United States Coast Guard officer and said he was plotting to assassinate Democratic members of Congress, prominent television journalists and others. The officer, Lt. Christopher Hasson, apparently inspired by a right-wing Norwegian terrorist who slaughtered 77 people in 2011, stockpiled firearms and ammunition and researched locations around Washington to launch his attacks, according to investigators. Fortunately, the F.B.I. arrested him before he could act.
This frightening case is just one of several recent reminders that white supremacy and far-right extremism are among the greatest domestic-security threats facing the United States.
Regrettably, over the past 25 years, law enforcement, at both the federal and state levels, has been slow to respond. This is in part because of the limited number of enforcement tools available to prosecutors. But there are steps that can be taken to help the police and prosecutors address this growing threat — including, on the federal level, a domestic terrorism law.
In 2017, hate crimes, generally defined as criminal acts motivated by the victim’s race, ethnicity, religion, or gender, increased by about 17 percent nationally, to 7,175 from 6,121 (the number of police agencies reporting crimes also rose, by about 6 percent); in my state, Virginia, they were up by nearly 50 percent, to 202 from 137.
Killings committed by individuals and groups associated with far-right extremist groups have risen significantly. Seventy-one percent of the 387 “extremist related fatalities in the United States” from 2008 to 2017 were committed by members of far-right and white-supremacist groups, according the Anti-Defamation League’s Center on Extremism. Islamic extremists were responsible for 26 percent.
The rising scourge of domestic hate has been underscored by particularly heinous acts in the past few years. In 2015, an avowed white supremacist murdered nine black congregants at the Emanuel African Methodist Episcopal Church in Charleston, S.C. Last year in Kentucky, a white man with a history of making racist remarks was charged with shooting and killing two African-Americans in their 60s at a grocery store after trying to enter a nearby black church. Several months ago, an assailant shouting anti-Semitic slurs stormed the Tree of Life Synagogue in Pittsburgh with a semiautomatic rifle and murdered 11 people.
Virginia, too, has experienced extremist violence. In August 2017, several hundred people — mainly young white men heavily influenced by white-nationalist propaganda — converged on Charlottesville, ostensibly to protest the possible removal of Confederate monuments from public parks. Among other odious acts, these “Unite the Right” protesters marched with lighted torches on the campus of the University of Virginia. They chanted “Jews will not replace us!” before attacking a small group of students and counterprotesters at the base of a statue of Thomas Jefferson.
The following day, some of these Unite the Right enthusiasts attacked and injured counterprotesters in Charlottesville. Their violence culminated when a white supremacist from Ohio drove his car into a crowd of people, killing 32-year-old Heather Heyer and injuring about 30 others.
In 2009, Congress took an important step in arming federal investigators to deal with hate crimes by passing the Matthew Shepard and James Byrd, Jr., Hate Crimes Prevention Act. This law makes it possible to prosecute as hate crimes violent acts committed against victims because of their race, color, national origin, religion, gender, gender identity or disability. The law provides stringent maximum penalties, including life imprisonment, if someone is killed during a hate crime.
But the hate crime law has its limitations. First, it requires proof that an individual acted because of a specific proscribed animus enumerated in the statute. That means investigators must uncover concrete evidence that the defendant was primarily motivated by, for example, racist or anti-Semitic views. Although this evidence exists in many hate crimes, it proves elusive in others.
Second, because it is a federal statute, prosecutors must prove a “jurisdictional” element, such as travel by the defendant across state lines. For those hate crimes that do not involve interstate travel or communication, the law can’t be invoked.
Given these limitations, elected officials should consider providing law enforcement with additional tools. At the federal level, this could include a domestic-terrorism statute that would allow for the terrorism prosecution of people who commit acts of violence, threats and other criminal activities aimed at intimidating or coercing civilians.
State officials can update and strengthen existing hate-crime laws, many of which do not include protections for some of the categories of people listed in the federal hate crimes law. Although many states have expanded these protections, the Indiana State Senate this week moved to weaken a proposed hate crime bill. In addition, states can authorize localities to place reasonable time, place, and manner restrictions on demonstrations that will likely result in widespread violence and other criminal activity, like the rally in Charlottesville.
At both the federal and state levels, immediate steps are required to curtail the alarming rise of hate crimes and extremist violence in this country.
Former Virginia Tech Professor Found Guilty of Grant Fraud, False Statements, ObstructionRead the Press Release
Roanoke, VIRGINIA – A former Virginia Tech professor studying artificial sweeteners was found guilty last week of conspiring to commit federal grant fraud, making false statements and obstruction by falsification, First Assistant United States Attorney Daniel P. Bubar announced today.
Chief Judge Michael F. Urbanski of the Western District of Virginia released his Findings of Fact and Conclusions of Law February 20, 2019 in which he found Yiheng Percival Zhang, 47, of Blacksburg, Va., 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 ruling comes following a September 2018 bench trial in U.S. District Court in Roanoke.
“This verdict shows our commitment to hold individuals accountable who seek to fraudulently obtain federal funds. Mr. Zhang used his position of prominence to unlawfully seek money from federal grant programs and will now pay for it,” FAUSA Bubar said today. “I am proud of our team of investigators and prosecutors that worked tirelessly to ensure that tax payer dollars are not being misused.”
“Small Business Innovation Research (SBIR) and Small Business Technology Transfer (STTR) grants are intended to promote scientific innovation in the private sector by providing capital to entrepreneurial teams at a very early stage when the technological risk associated with their ideas generally precludes private sector funding,” said Allison Lerner, Inspector General for the National Science Foundation (NSF). “The NSF Office of Inspector General remains committed to ensuring the integrity of the SBIR/STTR programs by holding accountable those who attempt to hide behind sophisticated schemes aimed at diverting Federal research funds. I commend the U.S. Attorney’s Office and our investigative partners for their strong support in this effort.”
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. 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 Department of Energy-Office of the Inspector General, the Federal Bureau of Investigation, and the National Science Foundation-Office of the Inspector General with the assistance of the Blacksburg Police Department and the Virginia Tech Police Department. Assistant United States Attorneys Steve Pfleger and Randy Ramseyer prosecuted the case for the United States.
Two Defendants Sentenced in Drug Conspiracy InvestigationRead 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 sentenced recently in federal court in Abingdon on drug conspiracy charges. United States Attorney Thomas T. Cullen and Virginia Attorney General Mark R. Herring made the announcement today.
“Opioids and crystal methamphetamine are highly addictive and potentially deadly drugs,” U.S. Attorney Cullen stated today. “We will continue to work with our federal, state, and local law enforcement partners to stanch the flow of these substances into Southwest Virginia and prosecute the individuals and organizations responsible for trafficking in them.”
“Reducing the availability of crystal methamphetamine and other drugs in Southwest Virginia remains a high priority for my office. We work diligently with our law enforcement partners to crack down on those who transport dangerous drugs into the Commonwealth for distribution,” Virginia Attorney General Herring said today. “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 a hearing last week in U.S. District Court in Abingdon, Christy Marie Doffermyer, 47, of Kingsport, Tenn., was sentenced, to 168 months in federal prison. Doffermyer previously pleaded guilty to one count of conspiring to possess with the intent to distribute and distributing 50 grams or more of methamphetamine, as well as heroin and oxycodone.
On February 15, 2019, Timothy Allen Barr, 51, of Coeburn, Va., was sentenced to 41 months in federal prison. Barr previously pleaded guilty to one count of conspiring to possess with the intent to distribute and distributing oxycodone.
In all, 11 individuals are charged as part of this drug trafficking conspiracy. Seven additional defendants have pled guilty and are scheduled for sentencing in the coming months.
According to court records and evidence presented at previous hearings by Special Assistant United States Attorney and Virginia Assistant Attorney General Suzanne Kerney-Quillen, these defendants conspired to traffic a variety of controlled substances, including methamphetamine, heroin, cocaine, morphine, oxycodone, and alprazolam, from sources in Watkinsville, Athens, and Augusta, 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 197 grams of crystal ice methamphetamine, in addition to heroin, cocaine, morphine, and oxycodone. Doffermyer admitted she was responsible for conspiring to distribute, possessing with the intent to distribute, and actually distributing 1,000 grams of crystal ice methamphetamine, as well as quantities of heroin and oxycodone. Barr admitted to distributing 900 dose units of 30 milligram oxycodone tablets, which he obtained and distributed during the course of this conspiracy.
The investigation of the case was conducted by the Southwest Virginia Drug Task Force, Virginia State Police, and the Bureau of Alcohol, Tobacco, Firearms, and Explosives. Lee County Sheriff’s Office, Scott County Sheriff’s Office, Wise County Sheriff’s Office, Norton Police Department, Big Stone Gap Police Department, and the U.S. Marshals also assisted with the execution of search warrants and arrests connected with this case. 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, prosecuted the case for the United States.
Traveling Nurse Who Worked in Roanoke Sentenced for Tampering with FentanylRead the Press Release
Abingdon, VIRGINIA – A traveling nurse, who tampered with vials of fentanyl and replaced the drug with saline, was sentenced last week in federal court to 42 months in prison, United States Attorney Thomas T. Cullen announced.
Joseph Howard, 34, of Ashland, Ky., previously pleaded guilty to one count of tampering with a consumer producer that affects interstate commerce, with reckless disregard for the risk that another person will be placed in danger of death or serious injury.
“Fentanyl and other powerful opioids are being abused at epidemic rates across the country,” U.S. Attorney Cullen stated today. “Hospitals, doctor’s offices, pharmacies, and manufacturers must do everything in their power to track and control every dose of these addictive and often-abused drugs to ensure they are being used in accordance with limited prescribed uses.”
“Patients deserve to have confidence that they are receiving the proper treatment from those entrusted with providing their medical care,” said Mark S. McCormack, Special Agent in Charge, FDA Office of Criminal Investigations’ Metro Washington Field Office. “As part of the FDA’s comprehensive work to address the opioid epidemic, the agency 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.”
According to evidence presented at previous hearings by Assistant United States Attorney Randy Ramseyer, Howard worked as a traveling nurse in Roanoke between November 2017 and December 2017. During that time, the defendant tampered with vials of liquid fentanyl, extracted the fentanyl for his personal use and replaced it with saline. Howard caused the diluted vials to be available for use by patients at the hospital where he worked.
The investigation of the case was conducted by the Food and Drug Administration-OCI, the Virginia Department of Health Professions, and the Virginia State Police. Assistant United States Attorney Randy Ramseyer prosecuted the case for the United States.
Husband Sentenced on Federal Charges—Wife to be Sentenced Later in MarchRead the Press Release
Abingdon, VIRGINIA – A St. Paul, Virginia man, who illegally possessed more than a dozen firearms and thousands of rounds of ammunition, was sentenced yesterday to 71 months in federal prison, United States Attorney Thomas T. Cullen and Virginia Attorney General Mark R. Herring announced.
Patrick Steven Hyde, 40, previously pleaded guilty to one count of being a convicted felon illegally in possession of a firearm. Crystal Dione Hyde, 35, Patrick’s wife, who previously pleaded guilty to one count of lying to a federal agent in order to keep her husband out of trouble, will be sentenced on a date to be scheduled in March 2019.
“Although the Second Amendment strongly protects an individual’s right to bear arms, it does not allow convicted felons, and other prohibited persons, to possess firearms,” U.S. Attorney Cullen stated today. “We will aggressively investigate and prosecute convicted felons who possess firearms and those who enable them to do so.”
According to evidence presented at previous hearings by Virginia Assistant Attorney General and Special Assistant United States Attorney Suzanne Kerney-Quillen, on December 17, 2015, agents with the Drug Enforcement Administration [DEA], the Bureau of Alcohol, Tobacco, Firearms and Explosives [ATF], Virginia State Police, Russell County Sheriff’s Office, and Wise County Sheriff’s Office conducted a search of the mobile home and outbuilding in St. Paul, Virginia where Steven and Crystal Hyde resided. During that search, investigators recovered 14 firearms, thousands of rounds of ammunition, two bulletproof vests, and marijuana. The firearms recovered included five semi-automatic rifles and two semi-automatic pistols, all of which were capable of receiving large capacity magazines. The investigation also revealed that Steven Hyde utilized internet websites to engage in the purchase and sale of firearms, both in and out of state. Steven Hyde is a previously convicted felon who is barred from possessing a firearm. Hyde also faced charges in Wise County Circuit Court for possessing with the intent to distribute marijuana.
When interviewed by agents with the ATF, Crystal Hyde told investigators she purchased and possessed all of the weapons and ammunition recovered during the search. However, subsequent investigation revealed that the firearms and ammunition did in fact belong to Steven Hyde and that Crystal Hyde had helped her husband, whom she knew to be prohibited from possessing firearms, acquire the weapons. The investigation further revealed that Crystal Hyde lied to investigators about the firearms in an attempt to keep him out of further legal trouble.
The investigation of the case was conducted by the Bureau of Alcohol, Tobacco, Firearms, Explosives, the Drug Enforcement Administration, Virginia State Police, Russell County Sheriff’s Office, Wise County Sheriff’s Office, and the St. Paul Police Department. 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, prosecuted the case for the United States in federal court.
Former Blacksburg Doctor Sentenced on Federal Drug ChargesRead the Press Release
Roanoke, VIRGINIA – The former owner of the Virginia Vein Institute in Blacksburg was sentenced yesterday to 20 months in federal prison resulting from his conviction on nearly 70 federal drug charges for illegally obtaining 3,200 oxycodone pills, United States Attorney Thomas T. Cullen and the Virginia Attorney General’s Office announced.
Frank Purpera Jr., 44, of Blacksburg, was convicted following a four-day trial in February 2018 in U.S. District Court in Roanoke on 67 counts of obtaining controlled substances by fraud, one count of omitting material information required to be kept, and one count of making a false statement.
In addition to the 20-month period of incarceration, Purpera was also ordered to pay a fine of $34,000 and a $6,800 special assessment.
Evidence presented at trial by Assistant United States Attorneys Randy Ramseyer and Jennie L. M. Waering, and Virginia Assistant Attorney General and Special United States Attorney Nicole Terry, established that Purpera obtained 3,200 oxycodone pills and has no record of what happened to those pills. The defendant claimed to law enforcement the pills were used for procedures on his patients, however, further evidence at trial proved this to be untrue. Purpera later claimed to the Department of Health Professions that he gave all of the 3,200 oxycodone pills to his wife. Evidence presented by the United States during trial showed that it would be outside of the scope of Purpera’s practice to dispense those pills to his wife under the facts and circumstances of the case and, therefore, those distributions would have been illegal.
In addition, evidence presented at trial established that Purpera tampered with witnesses. The defendant advised two of his employees to say “I don’t recall” if questioned by the government. Purpera also showed a video clip from the film The Wolf of Wall Street to one of the employees. In the clip, characters from the film are dealing with a witness and stating, “I don’t recall.”
The investigation of the case was conducted by the Federal Bureau of Investigation, the Department of Health and Human Services-Office of the Inspector General, the Drug Enforcement Administration, the Virginia Attorney General’s Medicaid Fraud Control Unit and an Investigator with the United States Attorney’s Office. Assistant United States Attorneys Randy Ramseyer and Special Assistant United States Attorney Nicole Terry, a Virginia Assistant Attorney General assigned to the Virginia Attorney General’s Medicaid Fraud Control Unit, prosecuted the case for the United States.
Lebanon Doctor Sentenced on Federal Drug Distribution ChargesRead the Press Release
Abingdon, VIRGINIA – A medical doctor who previously practiced in Lebanon, Va. was sentenced today to serve 151 months in federal prison following convictions on federal drug charges. First Assistant United States Attorney Daniel P. Bubar and the Office of the Virginia Attorney General made the announcement.
Dr. Dwight L. Bailey, 66, was convicted of 61 federal charges following a two-week jury trial in August of 2018. Evidence presented at trial proved that Bailey, who operated Family Healthcare Associates of Southwest VA and Ridgewood Health Care Clinic, illegally prescribed drugs to his patients.
“Dr. Bailey’s scheme to illegally prescribe opioids and other narcotics violated his patients’ trust and preyed on their addiction for his own financial gain.” First Assistant Bubar said today. “His lengthy sentence should send a strong message that our office and our federal and state partners will work tirelessly to prosecute those in healthcare who perpetuate the opioid epidemic by illegally diverting medication to harm their patients and damage the community.”
Additional evidence showed that Baily, and other providers in his office, continually wrote prescriptions for opiates, benzodiazepines, and sleeping pills to patients who were clearly misusing, abusing, and diverting those controlled substances. Most of the patients at Bailey’s clinic were receiving an opiate and/or a benzodiazepine. Bailey’s income from his clinic and work at local emergency room topped $750,000 in a single year.
Bailey was convicted of one count of conspiracy to distribute schedule II controlled substances without a legitimate medical purpose, one count of conspiracy to distribute schedule III controlled substances without a legitimate medical purpose, one count of conspiracy to distribute schedule IV controlled substances without a legitimate medical purpose, 24 counts of distribution of schedule II controlled substances without a legitimate medical purpose, three count of distribution of schedule III controlled substances without a legitimate medical purpose, 32 counts of distribution of a schedule IV controlled substances without a legitimate medical purpose, and one count of maintaining a place for the purpose of distributing controlled substances.
The investigation of the case was conducted by the Virginia Medicaid Fraud Control Unit and the Virginia State Police. The case was prosecuted by Special Assistant United States Attorneys/Virginia Attorneys General Janine Myatt and Nicole S. Terry and Assistant United States Attorney Randy Ramseyer prosecuted the case for the United States.
United States Attorney Thomas T. Cullen Offers Condolences to the Virginia State Police as They Mourn Slain Virginia State Trooper Lucas B. DowellRead the Press Release
Roanoke, VIRGINIA – United States Attorney Thomas T. Cullen joins the Virginia State Police and law enforcement throughout the Commonwealth in mourning the loss of Virginia State Police Trooper Lucas B. Dowell, a Chilhowie, Virginia native who died in the line of duty Monday, February 4, 2019.
“As this terrible incident illustrates, police officers risk their lives every time they put on a uniform,” U.S. Attorney Cullen stated today. “Trooper Dowell’s bravery and sacrifice are a sobering reminder of those dangers. The federal law-enforcement community in Western Virginia mourns the loss of this courageous young man and will honor his legacy.”
Trooper Dowell was a member of the Virginia State Police Tactical Team that was assisting the Piedmont Regional Drug Task Force with executing a search warrant at a residence in Cumberland County, Virginia just north of the town of Farmville. According to the Virginia State Police, the tactical team had made entry into the residence shortly before 10 p.m. when an adult male inside the residence began shooting at them, hitting Trooper Dowell.
Trooper Dowell was transported to Southside Community Hospital in Farmville where he later died from his injuries. Trooper Dowell becomes the Virginia State Police’s 66th line of duty death. Trooper Dowell graduated from the Virginia State Police’s 122nd Basic Session in November 2014. Since graduation, he has been assigned to the Virginia State Police Appomattox Division. Trooper Dowell is survived by his parents and a sister.
Six Members of Drug Trafficking Organization Plead Guilty for Roles in Conspiracy that Brought Methamphetamine from California to Southwest VirginiaRead the Press Release
Abingdon, VIRGINIA – United States Attorney Thomas T. Cullen announced today that six individuals who conspired to traffic methamphetamine from California into Southwest Virginia recently pleaded guilty in the United States District Court in Abingdon to federal firearms and methamphetamine distribution charges.
“Methamphetamine is a deadly drug that has ravaged numerous communities in Southwest Virginia,” United States Attorney Cullen stated today. “We are committed to working with our federal, state, and local partners to dismantle the large drug-trafficking organizations mainly responsible for this scourge and stanching the flow of these drugs into our region.”
Justin Hale, 36, and Elizabeth Hale, 38, both of Abingdon, Va., each pleaded guilty on January 23, 2019 to one count of conspiracy to distribute 500 grams or more of methamphetamine and one count of possession with the intent to distribute 500 grams of methamphetamine. At sentencing, they each face a mandatory minimum sentence of 10 years in prison and a maximum statutory penalty of life in prison. In addition, each defendant faces a possible criminal fine of up to $20 million.
Jessica Dixon, 30, and Michael Wesley Kestner, 35, both of Marion, Va., each pleaded guilty to one count of conspiracy to distribute 500 grams or more of methamphetamine and one count of possession of a firearm in furtherance of a drug trafficking offense. Dixon entered her plea on January 17, 2019. Kestner pleaded guilty on January 31, 2019. At sentencing, they each face a mandatory minimum sentence of 15 years in prison and a maximum statutory penalty of life in prison. In addition, each defendant faces a possible criminal fine of up to $10,250,000.
Rhonda McDonald, 35, and Crystal Lyons, 39, both of Marion, each pleaded guilty to one count of conspiracy to distribute 500 grams or more of methamphetamine. Lyons entered her plea on January 18, 2019. McDonald pleaded guilty on January 23, 2019. At sentencing, they each face a mandatory minimum sentence of 10 years in prison and a maximum statutory penalty of life in prison. In addition, each defendant faces a possible criminal fine of up to $10 million.
According to evidence presented at the guilty plea hearings by Assistant United States Attorney Zachary T. Lee, Justin Hale and Elizabeth Hale, who are married, coordinated the transportation of multi-pound packages of methamphetamine shipped from California to Abingdon. McDonald, Dixon, Kestner, and Lyons received quantities of methamphetamine from Justin Hale, which they distributed in Marion and Abingdon. Additionally, Dixon and Kestner were found to have used firearms to threaten and intimidate individuals who owed them money for methamphetamine. Search warrants and other law enforcement actions led to the seizure of more than $30,000 in United States currency and more than two pounds of methamphetamine.
The investigation of the case was conducted by the Washington County Sheriff’s Office, the Smyth County Sheriff’s Office, the Abingdon Police Department, the Drug Enforcement Administration, and the Virginia State Police. Assistant United States Attorney Zachary Lee is prosecuting the case for the United States.
Defendants in Methamphetamine Conspiracy SentencedRead the Press Release
Abingdon, VIRGINIA – A Saltville, Va., man, convicted of trafficking a large quantity of methamphetamine in Smyth County, was sentenced yesterday in federal court to 72 months in prison, United States Attorney Thomas T. Cullen and Virginia Attorney General Mark R. Herring announced today.
Zachary Blue Carter, 38, was sentenced yesterday to serve 72 months in federal prison. Carter previously pleaded guilty to one count of possession with the intent to distribute and distribution of 50 grams or more of methamphetamine, one count of possession with intent to distribute and distribution of 100 grams or more of heroin, and one count of maintaining a place for the purpose of distributing or using a controlled substance.
“Crystal methamphetamine and heroin are highly addictive drugs that have destroyed countless lives in Southwest Virginia,” United States Attorney Cullen stated today. “We are committed to working with our federal, state, and local partners, including the Virginia Attorney General’s office, to target individuals and organizations responsible for bringing these deadly substances into our communities and holding them accountable.”
“Overdose deaths from dangerous drugs now surpass fatalities from car crashes each year. This sad statistic underscores our continued dedication to collaborate with the U.S. Attorney’s Office for the Western District of Virginia and federal, state, and local law enforcement to crack down on those who transport dangerous drugs into Southwest Virginia for distribution,” Virginia Attorney General Herring said today. “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.”
According to court records and evidence presented at previous hearings by Virginia Assistant Attorney General and Special Assistant United States Attorney Suzanne Kerney-Quillen, Carter engaged in a drug trafficking conspiracy from April 1, 2016, through April 11, 2017. Court documents demonstrate that the conspiracy involved over 50 grams of crystal ice methamphetamine, with over 953 grams of methamphetamine and over 125 grams of heroin seized from Carter’s apartment on April 11, 2017. Carter distributed methamphetamine from his Saltville apartment. Six undercover purchases of methamphetamine from Carter were also conducted by the Smyth County Sheriff’s Office and Saltville Police Department at Carter’s residence.
The Drug Enforcement Administration, Smyth County Sheriff’s Office, Washington County Sheriff’s Office, and Saltville Police Department investigated the case. The Virginia State Police assisted with Carter’s arrest and consent search of his apartment. 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, prosecuted the case for the United States.
Jury Convicts Las Vegas Man of Conspiring to Traffic MethamphetamineRead the Press Release
Abingdon, VIRGINIA – The final defendant charged in Operation Leaving Las Vegas, a 32-defendant conspiracy that trafficked methamphetamine and other drugs between Las Vegas and Southwest Virginia, was convicted earlier this week in U.S. District Court in Abingdon following a two-day jury trial. United States Attorney Thomas T. Cullen made the announcement.
Kevin Thomas Seigler, 36, of Las Vegas, Nevada, was convicted on Tuesday, January 29, 2019 of one count of conspiracy to distribute 500 grams or more of methamphetamine and conspiracy to use a communication facility to facilitate a drug-trafficking offense.
“As a result of Operation Leaving Las Vegas, a massive drug-trafficking organization, which operated in Virginia and Nevada, has been dismantled and nearly three dozen of its members are serving lengthy terms in federal prison,” United States Attorney Cullen stated today. “I am grateful to our federal, state, and local partners for their dedication and commitment to this important investigation over the last three years. We will continue our joint efforts to reduce the scourge of illegal drugs in Southwest Virginia.”
“ATF is committed to working with our partners to reduce violent crime and keep our communities safe by removing illegal firearms and dangerous drugs from our streets,” said Special Agent in Charge Ashan M. Benedict, ATF Washington Field Division. “We will do everything in our power to dismantle organizations like these and put these individuals behind bars where they belong.”
“The successful culmination of this investigation is a prime example of what can be accomplished when federal, state, and local law enforcement agencies work together side by side. DEA will continue to work with our law enforcement partners and the U.S. Attorney’s Office for the Western District of Virginia in order to combat the flow of dangerous drugs into Southwest Virginia and to hold those individuals and organizations that attempt to do so accountable for their actions,” said DEA Special Agent in Charge Jesse R. Fong.
In late 2016, numerous law enforcement agencies, led by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Drug Enforcement Administration, charged 32 individuals with conspiring to commit money laundering and to distribute methamphetamine, oxycodone, and buprenorphine from Las Vegas into Southwest Virginia, Eastern Kentucky and elsewhere. Evidence presented at trial demonstrated that Seigler was a member of the organization and was responsible for supplying methamphetamine that was shipped to Southwest Virginia. In March 2016, the Las Vegas Metropolitan Police Department seized two pounds of methamphetamine that had been sold by Seigler to another conspirator and also recovered $19,669 in U.S. currency from Seigler’s residence. Seigler was also previously convicted of failing to appear for a trial scheduled in May 2017.
A sentencing hearing has been set for May 6, 2019. Seigler faces a mandatory minimum sentence of ten years in prison and a maximum statutory penalty of up to life imprisonment. In addition, he faces $10,250,000 in fines. To date, all 32 charged defendants have been convicted of federal drug conspiracy and money laundering charges and all but Seigler have been sentenced. Additionally, throughout the course of the investigation, more than $60,000 in currency was seized and money judgments totaling an additional $995,074 have been ordered.
As a result of the investigation, the following defendants have been sentenced:
- Richard Henry Kayian was sentenced to 324 months imprisonment and ordered to pay a forfeiture money judgment in the amount of $743,441.52, for one count of conspiracy to distribute 500 grams of methamphetamine and oxycodone, and one count of money laundering.
- Stephen Cino, 52, Henderson, Nevada – 292 months imprisonment and ordered to pay a forfeiture money judgment of $251,633.00 for one count of conspiracy to distribute 500 grams or more of methamphetamine, oxycodone and buprenorphine, and one count of money laundering.
- Tracey Allen Callihan, 49, Glade Spring, Virginia - 324 months imprisonment and ordered to pay a forfeiture money judgment of $30,000.00 for one count of conspiracy to distribute 500 grams or more of methamphetamine and oxycodone, and one count of money laundering.
- Brandon Lee Stone, 33, Abingdon, Virginia – 300 months imprisonment for one count of conspiracy to distribute 500 grams or more of methamphetamine, oxycodone and buprenorphine, and one count of money laundering.
- Misael Reyes Tajimaroa, 32, Spokane, Washington – 192 months imprisonment for one count of conspiracy to distribute 500 grams or more of methamphetamine, oxycodone and buprenorphine, and one count of money laundering.
- Bradley Lee Chapman, 28, Bristol, Virginia - 135 months imprisonment for one count of conspiracy to distribute methamphetamine, oxycodone and buprenorphine, and one count of money laundering.
- Kaitlynn Elizabeth Chapman, 26, Bristol, Virginia – 72 months imprisonment for one count of conspiracy to distribute methamphetamine, oxycodone and buprenorphine, and one count of money laundering.
- John Williams, 50, Glade Spring, Virginia – 18 months imprisonment and a $2,500 fine for one count of conspiracy to use a communications facility to facilitate a drug trafficking offense.
- Rebecca Williams, 51, Abingdon, Virginia – 108 months imprisonment for one count of conspiracy to distribute methamphetamine.
- Heather Michelle Sullins, 27, Abingdon, Virginia – 30 months imprisonment for one count of conspiracy to distribute methamphetamine, oxycodone and buprenorphine.
- Alex Michael Kayian, 23, Bristol, Virginia - 72 months imprisonment for one count of conspiracy to distribute methamphetamine, oxycodone and buprenorphine, and one count of money laundering.
- Ralph Stewart Dingus, 27, Abingdon, Virginia - 37 months imprisonment for one count of conspiracy to distribute methamphetamine.
- John Dewayne Farmer, 32, Abingdon, Virginia - 240 months imprisonment for one count of conspiracy to distribute methamphetamine and one count of money laundering.
- Lola Virginia Farmer, 52, Abingdon, Virginia - 87 months imprisonment for one count of conspiracy to distribute methamphetamine.
- Shauna Nicole Chafin, 36, Abingdon, Virginia - 97 months imprisonment for one count of conspiracy to distribute 500 grams or more of methamphetamine, oxycodone and buprenorphine.
- William Wesley Fleenor, 29, Abingdon, Virginia - 79 months imprisonment for one count of conspiracy to distribute methamphetamine.
- Jeffrey Nathaniel Gobble, 25, Abingdon, Virginia - 46 months imprisonment for one count of conspiracy to distribute methamphetamine.
- Preston Kyle Lawson, 21, Abingdon, Virginia - 46 months imprisonment for one count of conspiracy to distribute methamphetamine.
- Gary Chapman, 47, Clay City, Kentucky - 151 months imprisonment for one count of conspiracy to distribute 500 grams or more of methamphetamine.
- Daniel Corey Cantrell, 25, Abingdon, Virginia - 37 months imprisonment for one count of conspiracy to distribute methamphetamine.
- Tanner Morris Curd, 23, Meadowview, Virginia - 84 months imprisonment for one count of conspiracy to distribute methamphetamine.
- Amy Lorene Moser, 52, Abingdon, Virginia -100 months imprisonment for one count of conspiracy to distribute methamphetamine.
- Steven Salyer, 27, Abingdon, Virginia - 87 months imprisonment for one count of conspiracy to distribute methamphetamine.
- Brandon Cody Trivett, 23, Abingdon, Virginia - 30 months imprisonment for one count of conspiracy to distribute methamphetamine.
- Brian Edward Widener, 30, Abingdon, Virginia – 46 months imprisonment for one count of conspiracy to distribute methamphetamine.
- Justin Lowe, 24, Abingdon, Virginia – 41 months imprisonment for one count of conspiracy to distribute methamphetamine.
- Lamar Skipper, 27, Chilhowie, Virginia - four years probation for one count of conspiracy to distribute oxycodone and one count of money laundering
- Gary Brandon Childress, 25, Abingdon, Virginia - three years probation. for one count of conspiracy to distribute oxycodone.
- Austin Obranovic Boardwine, 24, Abingdon, Virginia - four years probation for one count of conspiracy to distribute oxycodone and buprenorphine.
- Caleb Dean, 28, Damascus, Virginia – 48 months imprisonment for one count of conspiracy to distribute methamphetamine and oxycodone.
- Charlene Hale, 25, Bristol, Tennessee – four years probation for one count of conspiracy to distribute methamphetamine and oxycodone
The investigation of the case was conducted by the Drug Enforcement Administration, Bureau of Alcohol, Tobacco, Firearms, and Explosives, Internal Revenue Service Criminal Investigations, United States Marshals Service, Virginia State Police, Washington County, Virginia Sheriff’s Office, Abingdon Police Department, Marion Police Department, Smyth County, Virginia Sheriff’s Office and Las Vegas Metropolitan Police Department. Assistant United States Attorneys Cagle Juhan and Zachary T. Lee are prosecuting the case for the United States.
California Man Sentenced for Lying to Federal AgentsRead the Press Release
Abingdon, VIRGINIA – A California man, who made threats of violence against then-United States Congressman Tom Garrett, was sentenced yesterday in U.S. District Court in Abingdon to serve six months in federal prison, United States Attorney Thomas T. Cullen announced.
Eun Soo Lee, 24, of Cypress, California, previously pleaded guilty to a one-count, felony Information charging him with lying to a federal agent.
“Although the First Amendment protects an individual’s right to free speech, it does not license threats of harm or violence,” U.S. Attorney Cullen stated today. “As this case illustrates, the Department of Justice will react swiftly and aggressively to unlawful threats made using social media or other communications platforms.”
In May of 2017, Lee, using a fake Facebook account and virtual private network to hide his identity, made threats against then-Congressman Garrett.
Those threats included, but were not limited to:
“You’re dead if I ever meet you in real life, fu****. I’ll fu***** kill you.”
When questioned by law enforcement, Lee denied having a Facebook account, denied ever using a fake Facebook account, and denied ever sending messages to then-Congressman Garrett. Notwithstanding Lee’s efforts to hide his identity, investigators traced the messages to Lee, who eventually admitted to sending the threats.
The investigation of the case was conducted by the United States Capitol Police, with the assistance of the Federal Bureau of Investigation and Orange County (CA) Sheriff’s Office. Assistant United States Attorney Randy Ramseyer prosecuted the case for the United States.
Martinsburg, West Virginia Man Convicted of Sex Trafficking, Distributing Fatal Dose of Fentanyl and Evidence TamperingRead the Press Release
Harrisonburg, VIRGINIA – A Martinsburg, West Virginia, man, who used heroin as a means to control numerous women he trafficked as part of a commercial prostitution ring that operated in the Western District of Virginia, and elsewhere, was convicted this week following a jury trial in U.S. District Court in Harrisonburg. United States Attorney Thomas T. Cullen made the announcement.
Kendall Demarko Wysinger, 42, was convicted on January 14, 2019, of one count of conspiracy to commit sex trafficking, one count of interstate transportation for prostitution, one count of distribution of fentanyl resulting in death, one count of distribution of fentanyl resulting in serious bodily injury, and one count of evidence tampering, following a six-day jury trial. At sentencing, Wysinger faces a mandatory minimum sentence of 20 years in prison and a maximum statutory penalty of life.
“An individual who preyed on vulnerable victims and destroyed numerous lives through opioid distribution and sex trafficking will now spend the better part of his life in federal prison,” U.S. Attorney Cullen stated today. “We are extremely grateful for the hard work and persistence of the FBI, the Virginia State Police, and our numerous local law-enforcement partners in bringing him to justice.”
“The I-81 Human Trafficking Task Force continues to work vigorously to identify and bring to trial the perpetrators of these heinous crimes; and partner with victim service providers to ensure victims are able to obtain the necessary care to recover and rebuild their lives,” said FBI Acting Special Agent in Charge, MaryJo Thomas.
According to evidence presented at trial, Wysinger operated a prostitution ring with at least six victims in Virginia, West Virginia, and Maryland. Through the course of the conspiracy, Wysinger used heroin to coerce his victims into engaging in commercial sex, and employed threats and intimidation to ensure he maintained power and control over those victims. Wysinger routinely advertised these victims for commercial sex using online classified ads in Winchester, Virginia, and Shenandoah County, Virginia, and used social media accounts to target and recruit women into his sex-trafficking operation. The defendant demanded his victims provide him nearly all of the money they received from commercial sex in order to pay their drug debts to him and his charges for transporting them to prostitution dates.
On one occasion, the heroin Wysinger distributed resulted in two overdoses. Wysinger gave what he said was heroin to one victim of his sex trafficking ring and her friend. The substance was actually fentanyl, a far more powerful synthetic opioid, and both victims overdosed after ingesting it. One victim died as a result of the fentanyl poisoning. Wysinger was with both victims when they overdosed and destroyed the evidence from the crime scene.
The investigation of the case was conducted by the Federal Bureau of Investigation’s I-81 Human Trafficking Task Force (I-81 HTTF), the Drug Enforcement Administration, and the Northwest Virginia Regional Drug and Gang Task Force (NWRDGTF). Assistant United States Attorneys Erin M. Kulpa and Rachel Swartz prosecuted the case for the United States.
The I-81 HTTF is a collaborative effort of law enforcement and community partners focused on identifying instances of human trafficking along the I-81 corridor in the northern Shenandoah Valley of Virginia, West Virginia, and Maryland; prosecuting those responsible; and, providing assistance to the victims impacted by these crimes. The I-81 HTTF includes law enforcement from the counties of Frederick, Clarke, and Shenandoah as well as the cities and towns of Front Royal, Hagerstown, and Frederick, Maryland and Lord Fairfax Community College.
The NWRDGTF uses the combined efforts of local, state, and federal agencies to actively pursue those groups or individuals who manufacture, distribute, or sell illegal narcotics. The NWRDGTF is comprised of the Virginia State Police, the Winchester Police Department, the Front Royal Police Department, the Strasburg Police Department, the Frederick County Sheriff’s Office, the Page County Sheriff’s Office, the Warren County Sheriff’s Office, the Shenandoah County Sheriff’s Office, and the Clarke County Sheriff’s Office.
Wise County Man Pleads Guilty to Lying About DisabilityRead the Press Release
Abingdon, VIRGINIA – A Wise County man, who claimed to be to be too disabled to work and as a result received over $92,000 in disability benefits from the Railroad Retirement Board, pleaded guilty yesterday in U.S. District Court in Abingdon to making a false statement, United States Attorney Thomas T. Cullen announced.
Jeffrey L. Bates, 59, pleaded guilty yesterday to one count of making a false statement. At sentencing, Bates faces a maximum statutory sentence of up to five years in prison. The defendant has also agreed to pay $92,081 in restitution to the Railroad Retirement Board. Bates will be sentenced April 16, 2019.
“Protecting government-sponsored benefits programs from fraud and abuse is among our top priorities,” U.S. Attorney Cullen stated today. “False statements in connection with these programs, like the ones the defendant admitted to making in this case, are violations of federal law and will result in criminal prosecution.”
According to evidence presented at yesterday’s guilty plea hearing by Special Assistant United States Attorney Kathleen Carnell, Bates had been receiving disability benefits from the Railroad Retirement Board since 2001. In 2015, the Railroad Retirement Board received a hotline complaint stating that Bates was self-employed in the lawn care business. The defendant filled out a form, as required by the Railroad Retirement Board, in 2016, wherein he falsely stated his self-employment status and the earnings he received.
The investigation of the case was conducted by the USRRB- OIG. Special Assistant United States Attorney Kathleen Carnell is prosecuting the case for the United States.
Salem Man Charged with Stealing Multiple Firearms from Dublin Pawn ShopRead the Press Release
Roanoke, VIRGINIA – A federal grand jury sitting in the United States District Court for the Western District of Virginia in Roanoke has charged a Salem man with stealing multiple firearms from a federal firearms licensee in Dublin, Virginia. United States Attorney Thomas T. Cullen and Thomas L. Chittum III, Special Agent in Charge of the ATF Washington Field Division made the announcement.
The federal grand jury has charged DeAngelo Ramsey, 19, with one count of burglary of a federal firearms licensee and one count of possession and concealment of stolen firearms.
“We are committed to working with the ATF and our state and local partners to prosecute individuals who unlawfully obtain, possess, or transfer firearms,” U.S. Attorney Cullen stated today. “Procuring firearms through theft or fraud is a serious offense and one that will result in a federal prison sentence.”
“ATF takes the theft of firearms very seriously. Too often, stolen firearms are used to commit violent crimes, usually in the same community where they were stolen,” said Thomas L. Chittum, III, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) Washington Field Division. “Thankfully, the aggressive response from law enforcement lead to recovery of the firearms stolen in this case, before they ended up on the streets or in the hands of other criminals.”
According to the indictment, in the early morning hours of November 24, 2018, Ramsey broke into a retail pizza business adjacent to Dublin Pawn, doing business as E.S. Ramey Firearms, a federal firearms licensee located in Dublin, Va. The defendant gained entry into E.S. Ramey through a common ceiling the two businesses shared. The indictment alleges Ramsey removed one or more ceiling tiles, reached into E.S. Ramey Firearms, and stole two semi-automatic rifles and two shotguns. He is accused of possessing and concealing the stolen firearms from on or about November 24, 2018 to on or about November 29, 2018.
The investigation of the case was conducted by the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Pulaski County Sheriff’s Office, the Pulaski Police Department, the Radford Police Department, the Salem Police Department, and the Dublin Police Department. Assistant United States Attorney Kristin B. Johnson 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.