Western District of Virginia
Press releases recorded for this federal judicial district.
Eighteen Charged in Federal Drug IndictmentRead the Press Release
Harrisonburg, VIRGINIA – Federal, state, and local officials announced today the arrests of 19 individuals on federal drug-trafficking, firearms, and other charges resulting from a months-long, multi-agency investigation.
"The modern opioid epidemic is one of the most vexing problems faced by law enforcement and public-health officials,” U.S. Attorney Cullen stated today. “As U.S. Attorney, I am committed to prosecuting individuals and organizations who distribute Fentanyl, heroin, and methamphetamine and working with our federal, state, and local law-enforcement partners to stanch the flow of these deadly drugs into Western Virginia. But while I firmly believe that vigorous enforcement is critical to addressing this epidemic, we also support meaningful treatment initiatives for those suffering from drug addictions and targeted outreach to prevent others from having their lives destroyed by these deadly substances.”
“ATF is committed to ridding American streets of crime, not just in large cities but also in the rural areas that are often hit hardest by the scourge of illegal firearms and drugs. This investigation is a great example of how we work with our law enforcement partners to dismantle criminal organizations and protect the communities they infest. It should serve as a reminder to others that no matter where you are, if you commit a federal crime, we will do everything we can to put you behind bars,” said Special Agent in Charge Thomas L. Chittum III, ATF Washington Field Division.
The indictment, returned under seal by a federal grand jury December 4, 2018 and unsealed yesterday, charges 18 defendants with conspiring to distribute and possess with the intent to distribute heroin and methamphetamine. The indictment alleges that certain members of the conspiracy trafficked more than 1,000 grams of heroin and more than 500 grams of methamphetamine from approximately January 2016 and ending in approximately December 2018.
One defendant, Brandon Wayne Eppard, is charged with maintaining a property for the purpose of unlawfully distributing a controlled substance. That property was located at 160 Shenandoah Street in Mount Jackson, Virginia.
An additional defendant, Merle Stephens, was charged via a federal criminal complaint with one count of possession with the intent to distribute methamphetamine and one count of use of a firearm in furtherance of a drug trafficking crime. Stephens was arrested at a Motel 6 in Mount Jackson, Virginia on December 7, 2018.
The indictment also charges four individuals, Michael Mullins, Jeffrey Craig Mays, William Ray Shoemaker, and Christopher Thomas Trimble, with firearms possession charges in addition to their drug charges.
Charged in the indictment are as follows:
- Anthony Benjamin Testerman, 25, of Mount Jackson, Va. – one count of conspiracy to distribute and possess with the intent to distribute heroin and methamphetamine, and one count of possession with the intent to distribute fentanyl.
- William Ray Shoemaker, 45, of Edinburg, Va. – one count of conspiracy to distribute and possess with the intent to distribute heroin and methamphetamine, three counts of distributing and possession with the intent to distribute, methamphetamine, and one count of felon in possession of a firearm.
- Jeffrey Craig Mays, 32, of Mount Jackson, Va. – one count of conspiracy to distribute and possess with the intent to distribute heroin and methamphetamine and one count of using a firearm in furtherance of a drug trafficking offense.
- Katie L. Harlow, 37, Mount Jackson, Va. – one count of conspiracy to distribute and possess with the intent to distribute heroin and methamphetamine, and three counts of distribution of methamphetamine.
- Javon Eugene Cook, 26, of Mount Jackson, Va. - one count of conspiracy to distribute and possess with the intent to distribute heroin and methamphetamine, one count of felon in possession of a firearm, one count of possession of a firearm in furtherance of a drug trafficking offense, one count of distribution of methamphetamine, and one count of possession with the intent to distribute methamphetamine.
- Brooke McIntosh, 27, Timberville, Va. - one count of conspiracy to distribute and possess with the intent to distribute heroin and methamphetamine
- Jonathan Lewis Hodges, 30, of New Market, Va. – one count of conspiracy to distribute and possess with the intent to distribute heroin and methamphetamine, and one count of distributing and possessing with the intent to distribute, methamphetamine.
- Kenneth J. Webb, 32, of Woodstock, Va. - one count of conspiracy to distribute and possess with the intent to distribute heroin and methamphetamine, and three counts of distributing and possessing with the intent to distribute, methamphetamine.
- Amanda Jean Mullins, 30, of Edinburg, Va. - one count of conspiracy to distribute and possess with the intent to distribute heroin and methamphetamine, and two counts of distributing and possessing with the intent to distribute, methamphetamine.
- Michael Mullins, 32, - one count of conspiracy to distribute and possess with the intent to distribute heroin and methamphetamine, one count of felon in possession of a firearm, one count of distributing and possessing with the intent to distribute methamphetamine, and one count of distributing and possessing with the intent to distribute fentanyl.
- Dietrich M. Day, 28, of Dumfries, Va. - one count of conspiracy to distribute and possess with the intent to distribute heroin and methamphetamine, and one count of distributing and possessing with the intent to distribute fentanyl.
- Christian Michael Burhop, 27, of Basye, Va. - one count of conspiracy to distribute and possess with the intent to distribute heroin and methamphetamine, three counts of distribution of heroin, one count of distribution of methamphetamine, and one count of distribution of cocaine, heroin and fentanyl.
- Christopher Thomas Trimble, 27, of Fishersville, Va. - one count of conspiracy to distribute and possess with the intent to distribute heroin and methamphetamine, and one count of possession of a firearm by a prohibited person.
- Brandon Wayne Eppard, 28, of Mount Jackson, Va. - one count of conspiracy to distribute and possess with the intent to distribute heroin and methamphetamine, and one count of maintaining a premises for the purpose of unlawfully distributing, possessing, and using controlled substances.
- Tiffany Bowman Lopez, 30, Quicksburg, Va. - one count of conspiracy to distribute and possess with the intent to distribute heroin and methamphetamine, two counts of distributing and possessing with the intent to distribute heroin and four counts of distributing and possessing with the intent to distribute heroin and fentanyl.
- Erica Lam, one count of conspiracy to distribute and possess with the intent to distribute heroin and methamphetamine.
- Justin Tyler Mumaw, 26, of Edinburg, Va., - one count of conspiracy to distribute and possess with the intent to distribute heroin and methamphetamine, and two counts of distributing and possessing with the intent to distribute methamphetamine.
- Dana Marie Silvious, 29, Front Royal, Va. - one count of conspiracy to distribute and possess with the intent to distribute heroin and methamphetamine, two counts of distributing and possessing with the intent to distribute fentanyl, and one count of distributing and possessing with the intent to distribute heroin.
The investigation of the case was conducted by the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Shenandoah County Sheriff’s Office, the RUSH Drug Task Force, the Northwest Virginia Regional Drug and Gang Task Force, the Mount Jackson Police Department, the Woodstock Police Department, the Front Royal Police Department, the Timberville Police Department, and the Shenandoah County Commonwealth’s Attorney’s Office. 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.
Husband and Wife Sentenced on Federal Health Care Fraud ChargesRead the Press Release
Charlottesville, VIRGINIA – A husband and wife, who enriched themselves by defrauding the Virginia Medicaid program, were sentenced this week in U.S. District Court on federal health care fraud and related charges, United States Thomas T. Cullen and Virginia Attorney General Mark Herring announced.
Dennis Gowin, 67, of Dillwyn, Va., was sentenced earlier this week to twelve months in prison, followed by two years of supervised release. He was also ordered to pay restitution in the amount of $210,593, and a fine of $5,500. Gowin previously pleaded guilty to one count of health care fraud, one count of wrongful disclosure of individually identifiable healthcare information, and one count of possession of a firearm by a previously convicted felon. Cheryl Gowin, 65, also of Dillwyn, was sentenced earlier this week to three years of probation with the first six-months on house arrest, three years of supervised release, ordered to pay restitution in the amount of $210,593, and a $2,000 fine. She previously pleaded guilty to one count of health care fraud and one count of wrongful disclosure of individually identifiable healthcare information.
“Health-care fraud, in its various forms, costs the U.S. taxpayers billions of dollars every year and substantially reduces the quality of care for those who need it most,” U.S. Attorney Cullen stated today. “We are committed to working with our federal, state, and local partners, including the Virginia Attorney General’s Office, to prosecute those who exploit our health-care system and, in so doing, violate the public’s trust.”
“The Gowins defrauded taxpayers and families who trusted the couple to provide counseling and care to their loved ones,” Attorney General Herring said today. “We will continue to hold people like this to account when they break the law by lying, cheating, stealing from, or defrauding important healthcare programs.”
According to evidence presented at previous hearings by Assistant United States Attorney Ronald M. Huber, from May 2013 through February 2016, Dennis Gowin was a director of Hope for Tomorrow Counseling, an outreach program that provided mental health counseling to children, adolescents, adults, and families throughout the Commonwealth. Cheryl Gowin was likewise employed by Hope for Tomorrow as a Resident-in-Counseling (i.e. counselor in training). In addition, Dennis Gowin was the Executive Director of Discovery Counseling-Virginia, a counseling group established by the Gowins.
The healthcare fraud conviction resulted from Dennis and Cheryl Gowins’ failure to disclose Dennis’ previous felony conviction on multiple applications related to employment, enrollment, and credentialing with several employers and heath care entities. These false statements enabled Dennis Gowin to become a Licensed Professional Counselor in Virginia, obtain employment and for the Gowins to receive payment for health insurance providers, including Virginia Medicaid. The conviction for wrongful disclosure of individually identifiable healthcare information resulted from the Gowins’ removal of over 100 patient files from Hope for Tomorrow without permission from Hope for Tomorrow or the individual patients. These files were returned to Hope for Tomorrow after being discovered during the execution of a federal search warrant at the Gowins’ residence.
The investigation of the case was conducted by the Office of the Virginia Attorney General – Medicaid Fraud Control Unit, United States Department of Health and Human Services – Office of Inspector General, Virginia State Police and the United States Postal Inspection Service. Assistant United States Attorney Ronald M. Huber prosecuted the case for the United States.
California Man Pleads Guilty to Conspiracy to RiotRead the Press Release
CHARLOTTESVILLE, VIRGINIA – An associate of a violent extremist group the “Rise Above Movement” [RAM] pleaded guilty today to federal conspiracy-to-riot charges after admitting to traveling across the country to commit acts of violence at the torch-lit march on the University of Virginia grounds on August 11, 2017 and the Unite the Right Rally on August 12, 2017. United States Attorney Thomas T. Cullen, Special Agent in Charges Adam S. Lee of the FBI’s Richmond Division, and Virginia State Police Colonel Gary T. Settle made the announcement.
Cole Evan White, 24, of Clayton, Calif., pleaded guilty today in U.S. District Court in the Western District of Virginia to one count of conspiracy to violate the federal riots statute. At sentencing, White faces a maximum statutory penalty of five years in prison and a fine of $250,000. White, Benjamin Daley, Thomas Gillen, and Michael Miselis were indicted by a federal grand jury in October 2018 and charged with one count of conspiracy to violate the federal riots statute and one count of traveling in interstate commerce with the intent to incite a riot. Federal charges remain pending against Daley, Gillen, and Miselis.
“As Mr. White has acknowledged as part of his guilty plea, he and members of the Rise Above Movement (RAM) traveled to the ‘Unite the Right’ Rally in Charlottesville in order to engage in riotous conduct,” U.S. Attorney Cullen stated today. “Although the First Amendment protects the rights of individuals and groups to assemble and protest peacefully, it does not give license to commit, attempt, or threaten acts of violence or otherwise engage in criminal activity. We are grateful for the hard work and dedication of the FBI and the Virginia State Police in bringing these defendants to justice.”
“Mr. White's guilty plea today should signal to our Virginia communities that the FBI and our law enforcement partners are committed to keeping them safe and ensuring the events of 2017 in Charlottesville never happen again. The FBI is committed to protecting every American's exercise of their First Amendment rights - irrespective of their message. This case is not about the nature of Mr. White's speech or expression; this case is about traveling from out of state to riot here in the Commonwealth,” SAC Lee said today. “I want to thank U.S. Attorney Thomas Cullen and his team in the Western District of Virginia for their professionalism and expertise and I want to thank the outstanding men and women of the Virginia State Police who worked with us to piece together this investigation.”
“The arrests, and subsequent plea by Cole White, demonstrate the continuing commitment of the Virginia State Police and our federal partners to investigate and pursue those who committed acts of violence in the City of Charlottesville during the weekend of August 11-13, 2017,” said Colonel Gary T. Settle, Virginia State Police Superintendent. “These investigations are very time and resource intensive, but are necessary to make certain individuals like this are held accountable for their criminal actions.”
According to evidence presented during today’s guilty plea by United States Attorney Cullen and Assistant United States Attorney Christopher Kavanaugh, White was associated with the Rise Above Movement, [RAM], an openly extremist group whose members engaged in physical training and mixed martial arts street-fighting techniques. RAM frequently posted photographs and videos of themselves engaged in these activities, as well as of their attendance at various political rallies and events in California and Virginia.
White admitted today that, on or about April 15, 2017, he attended a political rally in Martin Luther King Jr. Civic Park in Berkeley, Calif. At that event, White met and befriended Benjamin Daley, who was with a group of individuals identified as members of RAM. Throughout the day there were many violent clashes between some rally attendees and those protesting the rally. White, alongside RAM members, followed a group of protestors who were leaving the area. White chased one protestor and attacked him, punching him several times in the head. Immediately afterward, White stood over top of another individual who was on the ground and punched him in the head approximately four to five times. White admitted that none of these acts was in self-defense.
After fighting together in Berkeley, White, Daley, and other members of RAM stayed in contact through phone calls. In one call in the summer of 2017, Daley asked White if he was going to attend the Unite the Right Rally in Charlottesville. Daley offered to pay for White’s flight and his stay in Charlottesville and encouraged him to attend the event. Daley told White: “It’s going to be like Berkeley again…It’s going to be the event of the year.”
On or about August 9, 2017, White used his credit card to purchase a round-trip ticket from Delta Airlines for commercial flights from San Francisco International Airport to Charlottesville-Albemarle Airport, departing on August 11, 2017 and returning on August 13, 2017. White admitted that at the time of his travel he expected to engage in violent confrontations with protestors or other individuals at the upcoming events in Charlottesville.
Upon arriving in Charlottesville on August 11, 2017, White took a cab from the airport and met RAM members and several hundred other white supremacists gathered on the grounds of the University of Virginia for a torch-lit march on the evening prior to the Unite the Right rally. Throughout the march, participants chanted, “Blood and Soil!” and “Jews will not Replace Us.” The march culminated at the statute of Thomas Jefferson, where the hundreds of white supremacists surrounded a small group of counter protesters. Violence erupted among the crowd, with some individuals punching, kicking, spraying chemical irritants, swinging torches, and otherwise assaulting others, all resulting in a riot. Among that riot, White admitted today to swinging his torch and striking several individuals and that none of these acts of violence was taken in self-defense.
The following morning, White, and members of RAM, attended the Unite the Right rally in Emancipation Park in Charlottesville, Va. White, Daley, and other RAM members were part of a larger group attempting to gain entry into the park following a declaration of “unlawful assembly” by law enforcement.
As they made their way through a group of protestors, White, Daley, and other RAM members, collectively punched, pushed, kicked, choked, head-butted, and otherwise assaulted several individuals resulting in a riot. White admitted to personally committing multiple acts of violence. For example, after having already made his way through a group, White turned around and observed a protestor blocking the sidewalk by holding onto a street sign. White walked back, grabbed the individual by the shoulders, and punched him until he released the sign. White then head-butted a male who he perceived was in his way. Finally, White head-butted a female protestor who was present on the sidewalk, resulting in a laceration to her face.
The investigation of the case was conducted by the Federal Bureau of Investigation and the Virginia State Police. United States Attorney Cullen and Assistant United States Attorney Kavanaugh are prosecuting the case for the United States.
North Carolina Man Indicted on a Federal ChargeRead the Press Release
Danville, VIRGINIA – A federal grand jury sitting in the Western District of Virginia in Charlottesville has indicted a North Carolina man on a federal charge of violating a protective order. United States Attorney Thomas T. Cullen and Special Agent in Charge Adam S. Lee of the FBI’s Richmond Division made the announcement today.
Carl Ray Kennedy, 51, of Randleman, N.C., was charged today in a federal indictment with one count of traveling in interstate commerce from North Carolina to Virginia with the intent to engage in conduct that would violate a Family Abuse protective order issued in May 2018 by the Pittsylvania County, Virginia Juvenile and Domestic Relations Court.
“As today’s indictment indicates, the Department of Justice will use all available tools to prosecute individuals who travel in interstate commerce in violation of state protective orders,” U.S. Attorney Cullen stated today. “We are grateful for the hard work and diligence of the FBI, the Pittsylvania County Sheriff’s Office, and the Danville Police Department in resolving this dangerous situation and bringing the defendant to justice.”
According to the indictment, on June 3, 2018, Kennedy traveled from North Carolina to Virginia with the intent to engage in conduct that would violate a protective order in place since May 2018. The protective order prohibited all contact and communication (except for limited email contact) between the defendant and victim. Kennedy subsequently engaged in personal and physical contact and communication with the victim and, during the offense, used a dangerous weapon.
The investigation of the case was conducted by the Federal Bureau of Investigation, the Virginia State Police, the Pittsylvania County Sheriff’s Office, the Danville Police Department, the Randolph County, N.C. Sheriff’s Office and the North Carolina State Highway Patrol. Assistant United States Attorney Nancy S. Healey 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.
Virginia Pharmacy Owner Sentenced to Prison for $5 Million Employment Tax FraudRead the Press Release
A Collinsville, Virginia, pharmacist was sentenced to 41 months in prison today for failing to account for and pay over employment taxes, 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, Jerry R. Harper, Jr., 61, owned and operated Family Discount Pharmacy Inc. (FDP) in Stanleytown, Virginia, with multiple pharmacy locations in Stuart, Rocky Mount, Chatham, and Brosville, Virginia. As owner of FDP, Harper was responsible for collecting and paying over FDP’s employment taxes. From 1998 through 2014, FDP accrued employment tax liabilities of more than $5 million. Harper withheld these taxes from FDP employees’ wages, but did not pay the taxes to the Internal Revenue Service (IRS). In over 15 years, Harper only filed one quarterly employment tax return with the IRS.
Harper admitted that instead of paying the employment taxes to the IRS, he caused FDP to pay his personal expenses, including the purchase of a Jeep Grand Cherokee and a jet ski. For example, Harper wired over $1 million to his personal bank account, made over $500,000 in stock market investments, spent over $100,000 on his son’s pharmacy school tuition, and purchased over $370,000 of real property in Virginia and North Carolina.
In addition to the term of imprisonment, U.S. District Court Judge Elizabeth K. Dillon ordered Harper to serve 2 years of supervised release and to pay restitution in the amount of $5,069,555.73 and a fine of $25,000.00. Principal Deputy Assistant Attorney General Zuckerman and U.S. Attorney Cullen commended special agents of IRS Criminal Investigation, who conducted the investigation, and Tax Division Trial Attorney Allison Garnett, former Tax Division Trial Attorney Daniel McGraw, and Assistant U.S. Attorney Charlene Day, who prosecuted the case.
Additional information about the Tax Division and its enforcement efforts may be found on the division’s website.
Five Defendants Plead Guilty in Drug Conspiracy InvestigationRead the Press Release
Abingdon, VIRGINIA – Five members of a drug distribution organization that trafficked methamphetamine, heroin, oxycodone, cocaine, and other drugs from Georgia into Southwest Virginia pleaded guilty recently in federal court to federal drug conspiracy charges, United States Attorney Thomas T. Cullen and Virginia Attorney General Mark Herring announced.
Christy Marie Doffermyer, 47, of Kingsport, Tenn., pleaded guilty to one count of conspiracy to possess with the intent to distribute and distributing 50 grams or more of methamphetamine, as well as distributing heroin and oxycodone. At sentencing, Doffermyer faces a mandatory minimum sentence of imprisonment of 10 years and a maximum statutory penalty of life in prison and a fine of up to $10 million.
Timothy Terrell Peek, 34, of Greensboro, Ga., pleaded guilty to one count of conspiracy to possess with the intent to distribute and distributing 50 grams or more of methamphetamine, as well as distributing heroin, oxycodone, cocaine, and alprazolam. At sentencing, Peek faces a mandatory minimum sentence of imprisonment of 10 years and a maximum statutory penalty of life in prison and a fine of up to $10 million.
Audrea Augusta Woodward, 50, of Big Stone Gap, Va., pleaded guilty to one count of conspiracy to possess with the intent to distribute and distributing oxycodone. At sentencing, Woodward faces a maximum statutory penalty of up to 30 years in prison and a fine of up to $2 million.
Timothy Allen Barr, 51, of Coeburn, Va., and Paul Thomas Jones, 25, of Big Stone Gap, Va., pleaded guilty to one count of conspiracy to possess with the intent to distribute and distributing oxycodone. At sentencing, Barr and Jones each face a maximum statutory penalty of up to 20 years in prison and a fine of up to $1 million.
“Crystal methamphetamine is a highly addictive and dangerous drug,” U.S. Attorney Cullen stated today. “We are committed to working with our federal, state, and local partners in Southwest Virginia to dismantle and prosecute organizations that traffic in it. I am grateful for our partnership with Attorney General Herring’s office on this critical law-enforcement initiative.”
“Reducing the availability of crystal methamphetamine and other drugs in Southwest Virginia is a high priority for my office. My office and I work diligently to partner with the U.S. Attorney’s Office and federal, state, and local law enforcement to crack down on those who transport dangerous drugs into the Commonwealth for distribution,” Virginia Attorney General Herring said today. “We appreciate the hard work and dedication of our law enforcement partners and will continue to aggressively prosecute those who endanger the lives of our citizens.”
In all, 11 individuals have been charged as part of this drug trafficking conspiracy. Another defendant is scheduled to enter a guilty plea later this month, with others set for trial in mid-December.
According to evidence presented at the guilty plea hearings by Special Assistant United States Attorney and Virginia Assistant Attorney General Suzanne Kerney-Quillen, the defendants conspired to traffic a variety of controlled substances, including methamphetamine, heroin, cocaine, morphine, oxycodone, and alprazolam, from sources in Watkinsville, Georgia, into Southwest Virginia for redistribution. The organization operated primarily in Lee and Wise counties from November 2016 through March 1, 2018. Arrests on March 1, 2018, resulted in the seizure of approximately 197 grams of crystal ice methamphetamine, heroin, cocaine, morphine, and oxycodone.
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. 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.
Duffield Man Sentenced for Manufacturing Marijuana, Felon in Possession of a FirearmRead the Press Release
Abingdon, VIRGINIA – A federal judge yesterday sentenced a Duffield man, who was on supervised release for a previous federal conviction after serving a lengthy state prison sentence for arson, to a total of 14 years in federal prison for marijuana and illegal firearms charges, United States Attorney Thomas T. Cullen announced today.
Claude Gene Sloan, 76, pleaded guilty in August 2018 to one count of manufacturing and possessing with the intent to distribute more than 100 marijuana plants, one count of distribution of marijuana, and one count of being a previously convicted felon illegally in possession of a firearm. In 2000, Sloan was convicted of manufacturing marijuana. He was released from federal prison in 2014 and was on federal supervised release at the time of these offenses.
“As this case illustrates, we are committed to working with our federal, state, and local partners to target violent and recidivist offenders within specific communities and send them to federal prison,” U.S. Attorney Cullen said today. “We are particularly grateful for the hard work of the Scott County Sheriff’s Office and the Southwest Drug Task Force in making their community safer.”
Evidence was presented at sentencing that Sloan began growing and selling marijuana within two years of his last release from prison. In addition, an audio recording was introduced in which Sloan asked another person to burn down Sloan’s neighbor’s home.
United States District Court Judge James P. Jones imposed a sentence of imprisonment for a term of 12 years on the instant charges to be followed by an additional two-year term of imprisonment for Sloan’s violation of his terms of supervised release.
The investigation of the case was conducted by the Scott County Sheriff’s Office, Southwest Drug Task Force, Virginia State Police, and the Bureau of Alcohol, Tobacco, Firearms, and Explosives. Assistant United States Attorney Randy Ramseyer prosecuted the case for the United States.
Atlanta Man Sentenced for Threatening Charlottesville-Area SchoolsRead the Press Release
Charlottesville, VIRGINIA – A federal judge here sentenced an Atlanta man today to 12 months and one-day in federal prison as a result of his October 2017 posting of threatening messages against Charlottesville-area schools that caused Charlottesville City Schools to go into a modified lockdown for two days, United States Attorney Thomas T. Cullen announced.
Michael Anthony Townes, 48, was arrested May 20, 2018 in Georgia via a federal criminal complaint. On August 20, 2018, he pled guilty to a felony indictment of one count of making threats to injure another person sent in interstate commerce.
“The defendant’s threatening communications terrified students, parents, and teachers in the Charlottesville community,” U.S. Attorney Cullen stated today. “I am grateful for the diligence and hard work of the FBI in finding this defendant and bringing him to justice. As this and other recent cases illustrate, the Department of Justice is committed to investigating and prosecuting those who use the Internet and social media to threaten violence against any individual or group. This type of activity is not protected by the First Amendment, and those who engage in it will be held accountable.”
According to a statement of facts signed by the defendant and filed with the court by Special Assistant United States Attorney Rachel Swartz, on or about October 10, 2017, Townes, while physically located in Atlanta, Georgia, posted a series of comments on the internet site Yahoo News. Those comments included but were not limited to:
“@Terry not until I pull off a copycat of vegas in charloettsville [sic] va at a all white charter school..It should’t be hard to find one…”
“Im thinking of a copycat to vegas in Charloettsville (sic) va is going to happened (sic)…Im thinking maybe a school this time though!”
In response to the postings, Charlottesville City Schools operated under a modified lockdown for two consecutive days, with increased police presence at all area schools on October 11 and 12, 2017.
The investigation of the case was conducted by the Federal Bureau of Investigation with assistance from the Charlottesville City Police Department. Special Assistant United States Attorney Rachel Barish Swartz and Assistant United States Attorney Christopher Kavanaugh will prosecute the case for the United States.
Danville Man Sentenced on Federal Drug and Gun ChargesRead the Press Release
Danville, VIRGINIA – A federal court today sentenced Keemo Jonathan Lee, a Danville man who previously pleaded guilty to a series of federal drug and gun charges related to the sale of cocaine, heroin and illegal firearms, to 37 months in federal prison. United States Attorney Thomas T. Cullen made the announcement as part of the Western District of Virginia’s ongoing Project Safe Neighborhoods initiative to reduce violent crime.
Lee, 23, pleaded guilty on August 7, 2018, to three counts of distribution and possession with the intent to distribute cocaine, two counts of distribution and possession with the intent to distribute heroin, and two counts of the sale of a firearm to a prohibited person.
“As this prosecution indicates, we are committed to working with our federal, state, and local law-enforcement partners through our Project Safe Neighborhoods initiative to reduce violent crime in Danville,” U.S. Attorney Cullen stated. “We have made progress towards this goal over the past several months, but will continue our coordinated assault until we achieve a significant and lasting reduction.”
According to a statement of facts read into the record at a previous hearing by Assistant United States Attorney Rachel Swartz, should the matter have gone to trial the United States would have proven beyond a reasonable doubt that on multiple occasions, officers with the Danville Police Department, utilizing a confidential source, made controlled purchases of cocaine, heroin, and illegal firearms from Lee.
One such controlled purchase, on June 29, 2017, was conducted at a gas station 326 feet from Danville Community College and 908 feet from Grove Park Preschool’s playground. During the June 29, 2017 controlled buy, Lee sold a confidential source 3.2 grams of cocaine and a Smith & Wesson M&P .40 Shield handgun, with ammunition, for $500.
On July 25, 2017, during another controlled purchase, Lee sold a confidential source cocaine and a SCCY CPX-1 handgun for $400. After Lee changed locations for the transaction multiple times, the exchange ultimately took place 726 feet from Danville Community College.
The investigation of the case was conducted by the Danville Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives. Assistant United States Attorney Rachel Swartz prosecuted the case for the United States.
This case is part of Project Safe Neighborhoods (PSN), a federal program designed to bring together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. PSN was reinvigorated in 2017 as part of the Department’s renewed focus on targeting each community’s most violent criminals. The Department of Justice directed all U.S. Attorney’s Offices to work in partnership with federal, state, and local law enforcement, as well as the local civilian community, to develop effective, targeted strategies to reduce violent crime. This case is a product of that collaborative effort.
California Man Pleads Guilty to Lying to Federal AgentsRead the Press Release
Abingdon, VIRGINIA – A California man, who made threats of violence against Virginia Congressman Tom Garrett, pleaded guilty yesterday in the United States District Court for the Western District of Virginia in Abingdon to one count of lying to federal agents, United States Attorney Thomas T. Cullen announced.
Eun Soo Lee, 24, of Cypress, California, waived his right to be indicted and pleaded guilty yesterday to a one-count felony Information charging him with lying to a federal agent.
“We must not mistake threats of violence for free speech,” United States Attorney Cullen stated today. “Although the First Amendment protects the right to express political views, its protections do not extend to communications that threaten the safety and well-being of any person, elected official or otherwise.”
According to evidence presented at yesterday’s guilty plea hearing by Assistant United States Attorney Randy Ramseyer, in May of 2017, Lee, using a fake Facebook account and virtual private network to hide his identity, made threats against 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 accounts, and denied ever sending messages to Congressman Garrett. Notwithstanding Lee’s efforts to hide his identity, investigators traced the messages to Lee, who eventually admitted to sending the threats.
United States District Judge James P. Jones will sentence Lee on January 30, 2019 at 2:30 p.m.
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 is prosecuting the case for the United States.
Final Defendant Sentenced as Part of Operation Rolling ThunderRead the Press Release
Abingdon, VIRGINIA – United States Attorney Thomas T. Cullen announced today that Lelana Long, 37, of Meadows of Dan, Va., was sentenced last week to 121 months of incarceration, bringing to an end this phase of Operation Rolling Thunder, an investigation conducted by the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) Washington Field Division, and local law enforcement in Virginia and North Carolina.
To date, the collaborative effort has resulted in 23 defendants being convicted of charges related to the distribution of methamphetamine and firearms possession in Southwest Virginia and North Carolina.
“As this case indicates, we are committed to working with our federal, state, and local partners to target individuals and organizations who traffic methamphetamine,” U.S. Attorney Cullen stated. “Methamphetamine and firearms are a particularly dangerous and deadly combination, and one that we will not tolerate. I commend the ATF and our local partners in Southwest Virginia for their leadership and persistence in addressing this problem.”
“ATF is committed to ridding American streets of crime, not just in large cities but also in the rural areas that are often hit hardest by the scourge of illegal firearms and drugs,” said ATF Special Agent in Charge Thomas L. Chittum III. “This investigation is a great example of how we work with our law enforcement partners to dismantle criminal organizations and protect the communities they infest. It should serve as a reminder to others that no matter where you are, if you commit a federal crime, we will do everything we can to put you behind bars.”
According to evidence presented at numerous hearings by Assistant United States Attorney Zachary T. Lee, Long was a member of a drug trafficking organization responsible for the transportation of large quantities of methamphetamine from Greensboro, N.C. for distribution in Galax, Va., Grayson County, Va., Carroll County, Va., and Surry County, N.C. Additionally, many of the members of the organization possessed and used firearms to further their drug trafficking activities.
As a result of the investigation, the following defendants have been sentenced:
- Timothy Bowman, 46, of Cana, Va., to 300 months imprisonment for conspiracy to distribute 500 grams or more of methamphetamine and possess a firearm in furtherance of a drug trafficking offense.
- Amy Hoyt, 46, of Mt. Airy, N.C., to 228 months imprisonment for conspiracy to distribute 500 grams or more of methamphetamine and possess a firearm in furtherance of a drug trafficking.
- Grandy Nester, 33, of Pilot Mt., N.C., to 295 months imprisonment for conspiracy to distribute 500 grams or more of methamphetamine and possess a firearm in furtherance of a drug trafficking.
- Sanson P. Rodriguez, 56, of Lexington, N.C., to 264 months imprisonment for conspiracy to distribute 500 grams or more of methamphetamine and possess a firearm in furtherance of a drug trafficking crime.
- Amber Bilyeu,, a.k.a. “Rose” 32, of Mt. Airy, N.C., to 252 months imprisonment for conspiracy to distribute 500 grams or more of methamphetamine.
- Karen Hawks, 45, of Low Gap, N.C., to 262 months imprisonment for conspiracy to distribute 500 grams or more of methamphetamine.
- Walter Sexton, a.k.a. “Butch”, 64, of Galax, Va. to 87 months imprisonment for conspiracy to distribute 500 grams or more of methamphetamine.
- Brittany Cochran, 28, of Fries, Va. to 87 months imprisonment for conspiracy to distribute methamphetamine.
- Annette Freeman, 32, of Cana, Va., to 235 months imprisonment for conspiracy to distribute 500 grams or more of methamphetamine.
- Brad Hunley, 29, of Galax, Va., to 134 months imprisonment for conspiracy to distribute 500 grams or more of methamphetamine.
- Shawanna Phipps, 37, of Independence, Va., to 120 months imprisonment for conspiracy to distribute 50 grams or more of methamphetamine.
- Brian Graff, 33, of Independence, Va., to 120 months imprisonment for conspiracy to distribute 50 grams or more of methamphetamine.
- Riley Alley, 26, of Cana, Va., to 52 months imprisonment for conspiracy to distribute methamphetamine.
- Calvin Jermaine Maxwell, 34, of Galax, Va., to 188 months imprisonment for conspiracy to distribute methamphetamine.
- David Norman, 29, of Galax, Va., to 57 months imprisonment for conspiracy to distribute methamphetamine.
- Jonathan Choate, 34, of Independence, Va., to 240 months imprisonment for conspiracy to distribute 500 grams or more of methamphetamine.
- Kevin Humphries, 38, of Cana, Va., to 120 months imprisonment for conspiracy to distribute 50 grams or more of methamphetamine.
- Jackie Christopher Parsons, 39, of Mouth of Wilson, Va., to 120 months imprisonment for conspiracy to distribute 50 grams or more of methamphetamine.
- Jessilyn Jones, 26, of Independence, Va., to 70 months imprisonment for conspiracy to distribute methamphetamine.
- Vickie Grose, 48, of Galax, Va., to 51 months imprisonment for conspiracy to distribute methamphetamine.
- Stacey Jerome Sawyers, 30, of Galax, Va., to 57 months imprisonment for conspiracy to distribute methamphetamine.
- Travis Brian Anders, 35, of Sugar Grove, Va., to 158 months imprisonment for conspiracy to distribute 500 grams or more of methamphetamine.
The investigation of this case was conducted by the Grayson County Sheriff’s Office, Carroll County Sheriff’s Office, Surry County Sheriff’s Office, Virginia State Police, North Carolina State Bureau of Investigation, Galax Police Department, Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) Washington Field Division, United States Marshals Service, and the United States Secret Service. Assistant United States Attorney Zachary T. Lee prosecuted the case for the United States.
United States Attorney Thomas T. Cullen Appoints Dedicated Official to Answer Western District of Virginia Election ComplaintsRead the Press Release
Roanoke, VIRGINIA – United States Attorney Thomas T. Cullen announced today that Assistant United States Attorney Matthew Miller will lead the efforts of his Office in connection with the Justice Department’s nationwide Election Day Program for the upcoming November 6, 2018 general election. AUSA Miller has been appointed to serve as the District Election Officer (DEO) for the Western District of Virginia, and in that capacity is responsible for overseeing the District’s handling of complaints of election fraud and voting rights abuses in consultation with Justice Department Headquarters in Washington.
“The right to vote in free and fair elections is the bedrock of our democratic system of government,” U.S. Attorney Cullen stated. “The Department of Justice and this U.S. attorney’s office will not tolerate efforts, by any individuals or groups, to infringe on or interfere with this fundamental right through intimidation, voter-suppression tactics, or fraud. Our District Election Officer and the FBI will be standing by in the coming days to respond to any credible complaints of unlawful activity.”
The Department of Justice has an important role in deterring election fraud and discrimination at the polls, and combating these violations whenever and wherever they occur. The Department’s long-standing Election Day Program furthers these goals, and seeks to ensure public confidence in the integrity of the election process by providing local points of contact within the Department for the public to report possible election fraud and voting rights violations while the polls are open on Election Day.
Federal law protects against such crimes as intimidating or bribing voters, buying and selling votes, impersonating voters, altering vote tallies, stuffing ballot boxes, marking ballots for voters against their wishes or without their input. It also contains special protections for the rights of voters, and provides that they can vote free from acts that intimidate or harass them. For example, actions of persons designed to interrupt or intimidate voters at polling places by questioning or challenging them, or by photographing or videotaping them, under the pretext that these are actions to uncover illegal voting, may violate federal voting rights law. Further, federal law protects the right of voters to mark their own ballot or to be assisted by a person of their choice (where voters need assistance because of disability or illiteracy).
Assistant United States Attorney Matthew Miller will be on duty in the Western District while the polls are open. He can be reached by the public at the following telephone number: 540-857-2914.
In addition, the FBI will have special agents available in each field office and resident agency throughout the country to receive allegations of election fraud and other abuses on Election Day. The local FBI field offices can be reached by the public at 540-344-3912.
Complaints about violations of federal voting rights can be made directly to the Civil Rights Division’s Voting Section in Washington, DC by phone at 1-800-253-3931 or 202-307-2767, by fax at 202-307-3961, by email at [email protected] or by complaint form at http://www.justice.gov/crt/complaint/votintake/index.php.
Roanoke Man Sentenced to 30 Years in Prison for Enticement, Receipt, and Possession of Child PornographyRead the Press Release
ROANOKE – A Roanoke, Virginia man was sentenced to 360 months in prison today, to be followed by a lifetime of supervised release, for enticement of a minor, receipt or attempted receipt of child pornography, and possession of child pornography. Assistant Attorney General Brian A. Benczkowski of the Justice Department’s Criminal Division and U.S. Attorney Thomas T. Cullen for the Western District of Virginia made the announcement.
Scott Curtiss Pieritz, 57, pleaded guilty on June 19, before Chief U.S. District Judge Michael F. Urbanski of the Western District of Virginia to one count of enticement of a minor, one count of receipt or attempted receipt of child pornography and one count of possession of child pornography.
According to court documents, in July 2017, law enforcement agents were notified that Pieritz, who had a duty to register as a sex offender as a result of three prior child pornography convictions, was using social media applications to communicate with minors and ask them for nude images of themselves. Forensic examination of Pieritz’s electronic devices seized pursuant to a search warrant confirmed that he was in possession of numerous images and videos of child pornography, had used applications such as Omegle and Musical.ly to entice minors to produce and send him child pornography, and had posed as a minor online. At times, Pieritz also exchanged money and gifts for child pornography images from minors. At the time of his arrest, Pieritz was employed as a cashier and dishwasher at K&W Cafeteria, in Roanoke.
The case was investigated by the Virginia State Police. Trial Attorney Nadia Prinz of the Criminal Division’s Child Exploitation and Obscenity Section (CEOS) and Assistant U.S. Attorney Nancy Healey of the Western District of Virginia prosecuted the case.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by U.S. Attorneys’ Offices and CEOS, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
Two Danville Men Plead Guilty to Child Pornography ChargeRead the Press Release
Danville, VIRGINIA – A pair of Danville men pleaded guilty today in U.S. District Court in Danville to a charge of production of child pornography, United States Attorney Thomas T. Cullen announced.
Today in District Court, Matthew Ceasar Ferguson, 22, and Joshua Malik Coleman, 22, both of Danville, each pleaded guilty to one count of production of child pornography. At sentencing, each faces a minimum mandatory sentence of 15 years in prison and a statutory maximum sentence of 30 years’ incarceration.
“Protecting children from sexual exploitation is among our top priorities,” said U.S. Attorney Cullen. “I am grateful for the dedication and commitment of our federal, state, and local partners in bringing these two sexual predators to justice.”
According to a statement of facts entered into the record during today’s guilty plea hearing by Assistant United States Attorney Heather L. Carlton, on October 22, 2016, Ferguson contacted Victim A, a juvenile female who was 15-years-old at the time, via Facebook Messenger. Ferguson informed Victim A that he and his cousin, Joshua Coleman, had alcohol, and asked if Victim A wanted to hang out. Victim A agreed. Although they knew each other, Victim A had never socialized with Ferguson or Coleman prior to October 22, 2016.
Coleman picked up Victim A and drove her to his house in Danville, made alcoholic drinks for her from multiple bottles of different alcohols, and all three, Victim A, Coleman, and Ferguson, smoked K-2, a synthetic form of marijuana. At some point, Victim A passed out. When she woke up between 2 a.m. and 3 a.m., she did not feel well and asked Ferguson and Coleman to drive her to the hospital. The two dropped her off outside and drove away. Victim A was treated for alcohol poisoning.
A few weeks later, Victim A saw two videos on Facebook showing herself engaging in sexual intercourse with Ferguson and Coleman. In both videos, Ferguson and Coleman record themselves having sexual intercourse with Victim A while recording the events on a cellphone. Towards the end of the videos, Victim A appears unresponsive.
Victim A did not give permission for the sexual contact or the filming of it. At the time of filming, Victim A was 15-years-old.
The investigation of the case was conducted by the Federal Bureau of Investigation, the Danville Police Department, the Pittsylvania County Sheriff’s Office, and the Danville Commonwealth Attorney. Assistant United States Attorney Heather L. Carlton and Ronald M. Huber are prosecuting the case for the United States.
This case is part of Project Safe Neighborhoods (PSN), a federal program designed to bring together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. Attorney General Jeff Sessions reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting each community’s most violent criminals. Attorney General Sessions directed all U.S. Attorney’s Offices to work in partnership with federal, state, and local law enforcement, as well as the local civilian community, to develop effective, targeted strategies to reduce violent crime. This case is a product of that collaborative effort.
Prescription Drug Take-Back Day Set for Saturday, October 27, 2018Read the Press Release
Roanoke, VIRGINIA – United States Attorney Thomas T. Cullen announced that the United States Attorney’s Office is proud to partner with local, state, and federal law enforcement agencies, the Roanoke Area Youth Substance Abuse Coalition (RAYSAC), the Drug Enforcement Administration, and the Western Virginia Water Authority to collect expired, unused, and unwanted prescription drugs for safe destruction on Saturday, October 27, 2018, from 10 a.m. to 2 p.m. at 13 area locations in the Roanoke Valley, and many more locations throughout the 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.
“Properly disposing of unused and expired medications is an important part of making our communities safer,” United States Attorney Cullen stated today. “This initiative provides an opportunity to clean out your medicine cabinet and prevent accidental ingestion by children in your homes. It also helps reduce the risk of abuse and misuse of prescription drugs. We can all be a part of combatting the opioid epidemic by keeping our own homes free from unwanted and expired medications.”
This is the Roanoke Valley’s 16th take-back event. To date, over 307,000 pounds of prescription medications have been turned in across the Commonwealth, including over 30,000 pounds at the last event in April 2018, with the Roanoke-area collection sites being one of the largest collection locations in the state. This Saturday there will be 13 collection locations in the valley: the Department of Veterans Affairs hospital entrance at Building 143 in Salem, CVS Pharmacy parking lots at 9th Street SE and Towers Shopping Center, CVS Pharmacy at Target in Roanoke, Franklin County Sheriff’s Office Westlake Substation in Hardy, Kroger parking lots on Lake Drive Plaza in Vinton, Tanglewood Mall, Valley Gateway, and in Daleville, 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 are increasing 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 RAYSAC, the Western Virginia Water Authority, Prevention Council of Roanoke County, Botetourt County Sheriff’s Office, Franklin County Sheriff’s Office, U.S. Department of Veteran’s Affairs Police, U.S. Drug Enforcement Administration, Roanoke County Police Department, Roanoke Police Department, Roanoke County Sheriff’s Office, Roanoke Valley Academy of Medicine, Salem Police Department, the U.S. Attorney’s Office for the Western District of Virginia, Vinton Police Department, Virginia State Police, Vinton Police Department, and the Virginia National Guard.
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.
Buena Vista Man Sentenced on Federal Child Pornography ChargeRead the Press Release
Lynchburg, VIRGINIA – A 32-year-old Buena Vista man, who was studying to become a youth pastor, was sentenced yesterday to 78 months in federal prison after pleading guilty earlier this year to possession of child pornography and attempting to send obscene material to a child under 16 years of age, United States Attorney Thomas T. Cullen announced.
Christopher Collins, 32, pleaded guilty on May 16, 2018, to offenses relating to his communications with an undercover officer posing as a 13-year old girl and the recovery from Collins’ digital devices of child pornography images. In addition to 78 months of incarceration, Collins was also sentenced yesterday to five years of supervised release and will be required to register as a sex offender upon his release from prison.
“The Department of Justice is committed to working with our federal, state, and local law-enforcement partners to prosecute individuals who exploit children through, among other reprehensible acts, child pornography,” U.S. Attorney Cullen stated today. “Each and every time these types of images are shared online, children are victimized. Accordingly, these cases are among the most important that we do as federal prosecutors, and we will make every effort to vindicate the interests of these vulnerable victims and protect them from further harm.”
In November 2016, the defendant, who used the screen name “NavyGuy4Yng” contacted an undercover officer. He sent pictures of his penis and a masturbation video to the officer and told the officer that his screen name on another website was “PastorGreg.” In February 2017, investigators with U.S. Immigration and Customs Enforcement’s Homeland Security Investigations (HSI), the Rockbridge County Sheriff’s Office and the Office of the Virginia Attorney General, executed a federal search warrant at Collins’ Rockbridge County residence. During the on-scene investigation, officials seized digital devices and interviewed Collins. During the interview, Collins made various admissions, including the fact that he liked to roleplay online, that he communicated with girls who claimed they were between the ages of 13 and 15 years old, and that he transmitted videos and photographs of himself nude. In addition, investigators found child pornography images on digital devices seized from Collins’ residence.
The investigation of the case was conducted by U.S. Immigration and Customs Enforcement’s Homeland Security Investigations (HSI), the Rockbridge County Sheriff’s Office and the Office of the Virginia Attorney General. Assistant United States Attorney Nancy S. Healey prosecuted the case for the United States.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child exploitation and abuse. Led by U.S. Attorney’s Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend, and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
AUSA Heather L. Carlton Named Federal Prosecutor of the Year by Virginia Gang Investigators AssociationRead the Press Release
VIRGINA BEACH, VIRGINIA –Assistant United States Attorney Heather L. Carlton was honored Tuesday at the Virginia Gang Investigators Association’s 20th Annual Gang Conference in being named the Federal Prosecutor of the Year.
AUSA Carlton was presented the award during a ceremony in Virginia Beach featuring law-enforcement leaders from across Virginia, including more than 500 gang investigators.
For more than 25 years, the Virginia Gang Investigators Association has been the premier law-enforcement association for training and up-to-date information on the latest trends and prevention techniques.
“I am thrilled that the VGIA has honored Heather Carlton with this award,” U.S. Attorney Cullen stated. “Thanks in large part to her initiative and leadership—as well as the hard work of our federal, state, and local law-enforcement partners—we are making significant strides towards reducing violence in Danville. Nearly 20 alleged gang members are no longer operating on the streets of this community, and Heather and her task force partners are continuing their efforts to achieve a meaningful and lasting reduction in violent crime there.”
The Virginia Gang Association recognized AUSA Carlton for her work on the Rollin 60s and Milla Bloods racketeering indictments out of Danville, Virginia. The two indictments, returned in June 2018, charged 18 alleged gang members and associates from the City of Danville with crimes ranging from murder to drug distribution to obstruction of justice. At the time, U.S. Attorney Cullen called it “the largest and most significant federal prosecution of organized gang activity in the Western District of Virginia in at least a decade.”
AUSA Carlton also serves as the Deputy Criminal Chief for the Western District of Virginia and is responsible for the district’s Project Safe Neighborhoods [PSN] and violent-crime reduction strategies. Project Safe Neighborhoods fosters coordination and cooperation between federal, state, and local law-enforcement agencies with the goal of reducing violent crime.
“Over the past year, Heather has been instrumental in establishing critical PSN infrastructure and directing PSN strategy in Danville and Roanoke,” U.S. Attorney Cullen stated. “In addition, she recently helped secure a significant PSN grant for the Western District, which will be used to promote additional gang and violent-crime reduction strategies in other parts of our large district.”
U.S. Attorney Thomas T. Cullen Announces Progress in Making our Communities Safer Through Project Safe NeighborhoodsRead the Press Release
Roanoke, VIRGINIA – One year ago, the Department of Justice announced the revitalization and enhancement of Project Safe Neighborhoods (PSN), which Attorney General Sessions has made the centerpiece of the Department’s violent crime reduction strategy. 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.
Throughout the past year, the United States Attorney’s Office has partnered with all levels of law enforcement to reduce violent crime and make the communities and neighborhoods of the Western District of Virginia safer for everyone.
“Project Safe Neighborhoods is a proven program with demonstrated results,” Attorney General Jeff Sessions said. “We know that the most effective strategy to reduce violent crime is based on sound policing policies that have proven effective over many years, which includes being targeted and responsive to community needs. I have empowered our United States Attorneys to focus enforcement efforts against the most violent criminals in their districts, and directed that they work together with federal, state, local, and tribal law enforcement and community partners to develop tailored solutions to the unique violent crime problems they face. Each United States Attorney has prioritized the PSN program, and I am confident that it will continue to reduce crime, save lives, and restore safety to our communities.”
“Reducing violent crime through the PSN initiative is my top priority,” said U.S. Attorney Cullen. “With the assistance of our federal, state, and local law-enforcement partners, we have made significant progress towards this goal in Danville and Roanoke. Over 20 alleged violent gang members are no longer operating on the streets of these communities, and we look forward to continuing our efforts there and expanding PSN to other localities in the Western District of Virginia.”
Led by U.S. Attorney Cullen, the Western District of Virginia’s PSN Initiative tasks federal prosecutors with targeting violent individuals, groups, and gangs within specific communities and, through vigorous prosecution, working to achieve meaningful reductions in the rates of violent crime. Over the past year there have been many highlights on the newly revitalized PSN program. Here are some examples of the most effective:
- Danville RICO Indictment: On June 14, 2018, federal, state, and local authorities announced the largest and most significant prosecution of organized gang activity in the Western District of Virginia in over a decade. “Read More”
- US v. Justin Stallings: On July 25, 2018, a federal grand jury charged a Danville man with committing numerous armed robberies of businesses in Danville, Bedford, and Rocky Mount. “Read More”
- Roanoke RICO Indictment: On October 1, 2018, federal, state, and local authorities announced federal racketeering conspiracy charge against four Roanoke gang members and associates. “Read More
In addition to vigorous enforcement efforts, the United States Attorney’s Office maintains strong partnerships with a variety of federal, state, and local law enforcement agencies throughout the Western District of Virginia. The United States Attorney’s Office collaborates on PSN initiatives with the Federal Bureau of Investigation, the Bureau of Alcohol, Tobacco, Firearms, and Explosives, and the Drug Enforcement Administration, and, in its target enforcement areas, with the Danville Police Department, the Commonwealth’s Attorney for the City of Danville, the Roanoke City Police Department, and the Commonwealth’s Attorney for the City of Roanoke.
Moving forward into 2019, the United States Attorney’s Office will expand its PSN programs into more locations throughout the Western District to make the Western District of Virginia an even safer place.
These enforcement actions and partnerships are part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. Attorney General Jeff Sessions reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally based strategies to reduce violent crime. Learn more about Project Safe Neighborhoods.
Federal Grand Jury Indicts Four from California for Conspiracy to Violate Riots StatuteRead the Press Release
Charlottesville, VIRGINIA – A federal grand jury sitting in the United States District Court for the Western District of Virginia in Charlottesville has returned an indictment charging four California men with conspiring to violate the federal riots statue, United States Attorney Thomas T. Cullen announced today.
The four defendants, Benjamin Drake Daley, 25, of Redondo Beach Calif., Thomas Walter Gillen, 24, of Redondo Beach, Calif., Michael Paul Miselis, 29, of Lawndale, Calif., and Cole Evan White, 24, of Clayton, Calif., were arrested on federal criminal complaints in the early morning hours of October 2, 2018.
The indictment returned today charges each defendant with one count of conspiracy to violate the federal riots act and one count of traveling in interstate commerce from California to Charlottesville, Virginia with the intent to incite a riot, organize, promote, encourage, participate in, and carry on in a riot, to commit an act of violence in furtherance of a riot, or aid or abet any person inciting and participating in or carrying on in a riot.
According to the indictment, beginning as early as March 2017, Daley, Gillen, Miselis, and White began associating with a white-supremacist organization that eventually became known as the “Rise Above Movement” or “RAM.” 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 references to their alt-right and nationalist beliefs and ideology.
The indictment alleges that RAM members and associates also expressed, through various social media platforms and other means, anti-Semitic, racist, and white supremacist views 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 defendants Daley, Gillen, Miselis, and Cole, traveled to multiple political rallies and organized demonstrations in Virginia and California where they prepared to, and engaged in, acts of violence.
As detailed in the indictment, on at least two other occasions the defendants are charged with traveling to political rallies in California with the intention of committing, participating in, or aiding and abetting one or more individuals in committing acts of violence. Those rallies include a March 25, 2017 event in Huntington Beach and an April 15, 2017 event in Berkley.
In addition, the indictment charges Daley, Gillen, Miselis, and Cole with taking actions during both the August 11, 2017 torch-lit rally on the grounds of the University of Virginia and the Unite the Right Rally the following day in and around the vicinity of Emancipation Park in Charlottesville, Virginia.
The indictment alleges that all four defendants purchased flights prior to August 11, 2017 using debit and credit cards, to fly from Los Angeles and San Francisco to Charlottesville, Virginia. In addition, the defendants arranged to rent lodging within Charlottesville for the dates of August 11, 2017 through August 13, 2017
On or about the evening of August 11, 2017 on the grounds of the University of Virginia, the defendants participated in a torch-lit march and incited, promoted, or encouraged a riot and committed acts of violence. In addition, on August 12, 2017, the defendants attended the Unite the Right Rally in and around Emancipation Park in Charlottesville and, once again, incited, promoted, or encouraged a riot and committed acts of violence.
The investigation of the case was conducted by the Federal Bureau of Investigation and the Virginia State Police. United States Attorney Thomas T. Cullen and Assistant United States Attorney Christopher Kavanaugh are prosecuting the case for the United States.
All four defendants made their initial appearances on the federal criminal complaint in California last week. The U.S. District Court for the Central District of California remanded defendants Daley and Gillen to the custody of the U.S. Marshals Service for transfer to the Western District of Virginia and until final resolution of the case. The court also initially detained defendant Miselis but later ordered his release on a secured bond and home confinement. The court, however, stayed Miselis’ release pending the government’s appeal to U.S. District Judge Norman K. Moon in Western Virginia, who will make a final determination on Miselis’ eligibility for release pending trial. Defendant White’s detention hearing in the U.S. District Court for the Northern District of California is scheduled for Friday, October 12. Once the defendants are transferred to the Western District of Virginia—likely within the next one to two weeks—they will appear before U.S. Magistrate Judge Joel C. Hoppe and/or District Judge Moon for arraignment and additional proceedings.
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.
Psychiatrist Pleads Guilty to Healthcare Fraud and Wire FraudRead the Press Release
Abingdon, VIRGINIA – A former psychiatrist who previously worked in Lebanon, Virginia pleaded guilty last week to healthcare fraud and wire fraud, United States Attorney Thomas T. Cullen and Virginia Attorney General Mark Herring announced.
Alfredo Cervantes, 62, pleaded guilty to one count of health care fraud and one count of wire fraud. As a condition of his guilty plea, Cervantes, whose medical license and DEA registration were revoked in 2015, agreed never to practice medicine again.
“Protecting the health and safety of patients, as well as the integrity of our health-care system, is a priority of the Department of Justice,” U.S. Attorney Cullen stated. “We will continue to investigate and prosecute physicians who violate the sacred trust placed in them by their patients, the public, and health-care officials. I am grateful for the hard work and dedication of the Virginia Attorney General’s Office and the Department of Health and Human Services in bringing this doctor to justice.”
“This was a violation of the law and of the duty of care that this doctor owed to one of his patients,” said Attorney General Mark Herring. “Cervantes’ stole from taxpayers and his unethical behavior could have jeopardized the health and welfare of a person in his care. I appreciate all the hard work done by my Medicaid Fraud Unit, the HHS Inspector General, and the U.S. Attorney’s Office to put a stop to this unlawful and unethical conduct.”
“Protecting patients from harm and the Medicare and Medicaid Programs from fraudulent billings is a top priority said Maureen R. Dixon, Special Agent in Charge for the Philadelphia Regional Office of the Department of Health and Human Services, Office of the Inspector General (HHS-OIG). HHS-OIG will work with our fellow law enforcement partners to aggressively investigate physicians who would cause harm to our beneficiaries or steal from US Taxpayers.”
According to evidence presented at last week’s guilty plea hearing, Cervantes was employed by Mountain States Medical Group and Russell County Medical Center as a psychiatrist. In February 2012, Cervantes began a sexual relationship with one of his patients, which continued until February 18, 2014, when Cervantes ended the relationship and the patient attempted suicide. While that relationship was ongoing, Cervantes purchased alcohol for her and encouraged her to drink with him, despite the fact that he was prescribing her medications for which alcohol is contraindicated. During that time, Cervantes billed United Healthcare in the amount of $1,508 for psychiatric care of that patient, and caused Virginia Medicaid to be fraudulently billed $9,313 for prescription medications he wrote for that patient, when no legitimate psychiatric care of the patient was occurring.
Cervantes will be sentenced on January 4, 2019 at 10:30 a.m. He faces up to 30 years in prison and up to $500,000 in fines.
This case was investigated by the Department of Health and Human Services Office of Inspector General and the Virginia Office of the Attorney General’s Medicaid Fraud Control Unit.
Special Assistant United States Attorney and Virginia Assistant Attorney General Janine Myatt and Assistant United States Attorney Zachary T. Lee are prosecuting the case for the United States.
Four California Men Charged with Conspiracy to Violate Federal Riots StatuteRead the Press Release
Charlottesville, VIRGINIA – Four California men, who flew from the west coast for the August 2017 Unite the Right Rally in Charlottesville to engage in violent behavior, have been arrested on federal criminal complaints and charged with violating the federal riots statute and conspiracy. United States Attorney Thomas T. Cullen and Assistant Special Agent in Charge Thomas Chadwick of the Federal Bureau of Investigation’s Richmond Division, and Captain Dave Cooper of the Virginia State Police made the announcement.
Early this morning, federal agents in California arrested Benjamin Drake Daley, 25, of Redondo Beach, Calif., Thomas Walter Gillen, 24, of Redondo Beach, Calif., Michael Paul Miselis, 29, of Lawndale, Calif., and Cole Evan White, 24, of Clayton, Calif. All four defendants have been charged with one count of conspiracy to violate the federal riots statute and one count of violating the federal riots statute.
“This case should serve as another example of the Department of Justice’s commitment to protecting the life, liberty, and civil rights of all our citizens,” United States Attorney Cullen stated today. “Any individual who has or plans to travel to this District with the intent to engage in acts of violence will be prosecuted and held accountable for those actions.”
“The events of August 2017 do not reflect the character and values of Virginia's communities. The impact is still felt by many. Law enforcement's job is to protect people from harm and to ensure violence like we saw during that time never happens again,” said Special Agent in Charge of the FBI’s Richmond Division Adam S. Lee. “It is important for communities like Charlottesville to remember who the good guys are - who is sworn to protect them - and support them in their mission. The FBI has worked extensively with Virginia State Police and our local partners to achieve justice for those injured during the rally. Their partnership is how we have arrived at this point in our investigations. I want to thank them and U.S. Attorney Thomas Cullen and his team in the Western District for their expertise and professionalism.”
According to the criminal complaint and accompanying affidavit filed with the court today, Daley, Gillen, Miselis, White, and others, are members or associates of the Rise Above Movement (RAM), a militant white-supremacist organization based in Southern California. The four defendants traveled to Charlottesville for the August 2017 United the Right Rally with the intent to encourage, promote, incite, participate in, and commit violent acts in furtherance of a riot.
The complaints allege that Daley, Gillen, Miselis, and White committed multiple acts of violence against counter-protestors at the Unite the Right Rally in Charlottesville, which in some cases resulted in serious injuries.
In addition, the complaint alleges that Daley, Gillen, Miselis, and White were present and participated in the torch-lit march that culminated in violence against students and counter protestors on the grounds of the University of Virginia on the night of August 11, 2017.
The investigation of the case was conducted by the Federal Bureau of Investigation and the Virginia State Police. United States Attorney Cullen and Assistant United States Attorney Christopher Kavanaugh are prosecuting the case for the United States.
A criminal complaint is only a charge and not evidence of guilt. The defendants are entitled to a fair trial with the burden on the government to prove guilt beyond a reasonable doubt.
Four Charged in Federal RICO Conspiracy Indictment involving Gang-related Murder and Other CrimesRead the Press Release
Roanoke, VIRGINIA – Federal, state and local authorities announced this afternoon the first major federal prosecution of organized gang activity in Roanoke as part of the newly reinvigorated Project Safe Neighborhoods violent crime reduction initiative. The indictment charges four suspected gang members of the “Rollin 30s” gang in Roanoke with crimes including racketeering conspiracy and conspiracy to commit murder. Two of the defendants were charged with murder in aid of racketeering and related firearms offenses. United States Attorney Thomas T. Cullen, Roanoke City Police Chief Timothy Jones, and John Lenkart, Acting Special Agent in Charge of the FBI’s Richmond Division, made the announcement.
“This indictment is the first step in what will be a coordinated and sustained assault on gang-related violence in the City of Roanoke,” U.S. Attorney Cullen stated. “I am grateful for the FBI’s leadership, as well as the cooperation and dedication of our other federal, state, and local law-enforcement partners. Reducing violent crime is my top priority as U.S. Attorney, and we are all committed to working together to achieve this goal.”
“A little over three months ago U.S. Attorney Cullen and I stood with our fellow law enforcement partners in Danville, Virginia announcing indictments for over a dozen violent criminals related to gang activity; we stand here today in Roanoke making a similar announcement. I said then, “We are not finished” and today’s indictments reflect our continued effort to make communities in the Commonwealth safer,” Adam S. Lee, Special Agent in Charge of the FBI’s Richmond Division said today. “Our Central Virginia Violent Crimes Task Force will continue to work with our federal, state and local law enforcement partners to address this criminal plague that lingers in the corners of your neighborhoods; and encourage concerned citizens to report criminal activity to law enforcement.”
On September 25, 2018, a federal grand jury seated in U.S. District Court in Roanoke returned an indictment, under seal, charging four individuals. Those indictments were unsealed today.
The grand jury has charged the following:
- Sean Denzel Guerrant, a.k.a. “Denk” “Dink” and “Harlem Denk,” age 27, of Roanoke, with one count of racketeering conspiracy and one count of conspiracy to commit murder.
- Demonte Rashod Mack, a.k.a. “Murda,” age 29, of Roanoke, with one count of racketeering conspiracy, one count of murder in aid of racketeering, one count of conspiracy to commit murder, one count of using a firearm in the commission of a crime of violence, and one count of using and carrying a firearm during and in relation to a crime of violence causing death.
- Trayvone Raycron Kasey, a.k.a. “30,” age 19, of Roanoke, with one count of racketeering conspiracy, one count of murder in aid of racketeering, one count of conspiracy to commit murder, one count of using a firearm in the commission of a crime of violence, and one count of using and carrying a firearm during and in relation to a crime of violence causing death.
- Chauncey Dion Levesey, a.k.a. “Cee Guzman,” age 24, of Roanoke, with one count of racketeering conspiracy and one count of conspiracy to commit murder.
The Rollin’ 30s Crips, also known as the Rollin’ 30s or “Dirt Gang” is a national street gang founded in the greater Los Angeles, California area with smaller sets in other cities throughout the United States, including Roanoke, Virginia. The Roanoke set of the Rollin’ 30s operated primarily in northwest Roanoke, centered in and around the Lansdowne neighborhood.
According to the indictment, beginning no later than April 22, 2017, Guerrant, Mack, Kasey, and Levesy, together with others known and unknown to the grand jury, conspired to conduct a pattern of racketeering activity including multiple threats and acts involving violent crime.
Specifically, the indictment alleges that between on or about June 14, 2017, and June 15, 2017, Guerrant, Mack, Kasey, and Levesy conspired to murder “Victim D.F.” The indictment further claims that Mack, Kasey and Levesy murdered “Victim N.L.” at the direction of Guerrant.
The investigation of the case was conducted by the Roanoke City Police Department and the Federal Bureau of Investigation’s Violent Crimes Task Force. The investigation was a coordinated effort involving law enforcement assets from the Virginia State Police, Roanoke County Police Department, the Federal Bureau of Alcohol, Tobacco, and Firearms, and the Federal Drug Enforcement Agency. Assistant United States Attorneys Grayson A. Hoffman and Matthew M. Miller are prosecuting the case for the United States.
A Grand Jury Indictment is only a charge and not evidence of guilt. The defendants are entitled to a fair trial with the burden on the government to prove guilt beyond a reasonable doubt.
This case is part of Project Safe Neighborhoods (PSN), a federal program designed to bring together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. Attorney General Jeff Sessions reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting each community’s most violent criminals. Attorney General Sessions directed all U.S. Attorney’s Offices to work in partnership with federal, state, and local law enforcement, as well as the local civilian community, to develop effective, targeted strategies to reduce violent crime. This case is a product of that collaborative effort.
Federal, State, and Local Authorities Charge 28 Individuals on Federal Drug Charges as part of Operation California Dreamin’Read the Press Release
Abingdon, VIRGINIA – Twenty-eight individuals suspected of trafficking methamphetamine from Southern California into Southwest Virginia, Northeast Tennessee, and Georgia have been charged via a federal criminal complaint with conspiring to possess with the intent to distribute methamphetamine. United States Attorney Thomas T. Cullen was joined in announcing the arrests by officials from the Drug Enforcement Administration, the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Washington County Sheriff’s Office, and the Sullivan County, Tennessee Second Judicial Drug Task Force.
“Although the opioid epidemic has gripped many communities in our district, methamphetamine is still the drug of choice in Southwest Virginia,” U.S. Attorney Cullen stated. “We are committed to working with the DEA, the ATF, the Virginia State Police, and our local partners to target the organizations and individuals responsible for trafficking this deadly drug and send them to federal prison.”
“ATF is committed to dismantling criminal organizations like this one and protecting the communities where they operate,” said Special Agent in Charge Thomas L. Chittum, Washington Field Division. “We are proud to work alongside our local, state and federal partners on operations like this, and will continue to do everything we can to take armed criminals off our streets and put them behind bars where they belong.”
In early 2017, an investigation was opened to examine the trafficking of methamphetamine between California and Southwest Virginia and Northeast Tennessee. According to the criminal complaint and supporting affidavit filed in court following today’s arrests, 28 individuals, located in California, Georgia, Virginia and Tennessee were identified as allegedly 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.
Those charged today included:
- Shawn Wayne Farris
- Sean Phillip Maidlow
- Jair Medina Gutierrez
- Lacey Cheri Weir
- Andrea Nichole Stickel
- James Nicholas Howington
- James Robert Johnson
- Stephen A. Graham
- Christopher Lee Smiley
- Joshua Todd Chapman
- Saleemah Lashawn Roberson
- Donald Zachary Snyder
- James Skyler Sebastian
- Larry Levi Bennett
- Terry Melvin Dalton
- Heather Ashley Davis
- Brianna Nicole Woodby
- Donald Shane Hawthorne
- Gary Lee McFarlane
- Elizabeth Pauline Eaton
- Matthew Todd Mullins
- Anthony Chadwick Harless
- Kimberly Ann Drake
- Brandon Heath Whitt
- Melissa Darlene Barrett
- Susan Nicole Payne
- Bradley Scott Williams
- Devon Scott Coleman
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 will prosecute the case for the United States.
A criminal complaint is only a charge and not evidence of guilt. The defendants are entitled to a fair trial with the burden on the government to prove guilt beyond a reasonable doubt.
Harrisonburg Man Pleads Guilty to Distributing Fatal Mixture of Heroin and FentanylRead the Press Release
Harrisonburg, VIRGINIA – A Harrisonburg man, who sold a fatal mix of heroin and fentanyl, pleaded guilty yesterday in U.S. District Court in Harrisonburg to federal drug distribution charges, United States Attorney Thomas T. Cullen announced.
Richard William Mansfield, 38, waived his rights to be indicted and pleaded guilty yesterday to a one-count Information charging him with distribution of a mixture and substance containing heroin and fentanyl. A sentencing hearing has been scheduled for January 28, 2019. At sentencing, Mansfield faces a maximum statutory penalty of up to 30 years in prison and/or a fine of up to $2 million.
“As this heartbreaking case illustrates, the opioid epidemic is destroying the fabric of our society,” U.S. Attorney Cullen stated today. “While there is no simple solution to this multi-faceted problem, the United States Attorney’s Office will continue to work with our state and local law-enforcement partners to prosecute those who deal these deadly drugs and seek stiff federal penalties, particularly in cases where the unlawful distribution results in the loss of life. At the same time, we will continue to treat victims with compassion, while supporting treatment for those struggling with addiction.”
According to evidence presented to the court by Assistant United States Attorney Jeb Terrien, on December 12, 2017, Mansfield sold a mixture of heroin and fentanyl to Matthew Jason Murphy. The following day, December 13, 2017, Murphy was found deceased following a drug overdose. A medical examination and toxicology analysis determined that Murphy died from fentanyl and heroin intoxication.
The investigation of the case was conducted by the Drug Enforcement Administration, Virginia State Police, and Harrisonburg Police Department, with the assistance of Rockingham County Commonwealth’s Attorney Marsha L. Garst. Assistant United States Attorney Jeb Terrien is prosecuting the case for the United States.
United States Attorney’s Office to Deploy Resources to Underserved Areas in the Shenandoah Valley, Winchester, and Route 29 CorridorRead the Press Release
Roanoke, VIRGINIA – United States Attorney Thomas T. Cullen announced today a plan that will provide greater prosecutorial resources to underserved areas of the Western District of Virginia and allow his office to more efficiently prosecute federal crimes throughout the Charlottesville and Harrisonburg Divisions.
The WDVA Consolidation and Winchester Expansion Plan will take unprecedented steps to place Assistant United States Attorneys directly into the communities that have the greatest law enforcement needs, while also consolidating resources to ensure efficient management and coordinated strategy.
The United States Attorney announced the first step of the plan today, which entails merging staff from the Harrisonburg and Charlottesville offices into one combined office in Charlottesville. That office will be supervised by Managing Assistant United States Attorney Ronald M. Huber. Importantly, prosecutors from the combined office will continue to work out of office space in the Harrisonburg federal courthouse as needed and will continue to prosecute Harrisonburg Division criminal cases. In addition, a federal grand jury will continue to be convened at the Harrisonburg federal courthouse, and criminal cases will be tried there.
U.S. Attorney Cullen also announced that two Assistant United States Attorneys will be dedicated to spending one day per week in new office space in Winchester, where they can focus on meeting with federal, state, and local law enforcement partners in the area.
“By combining our prosecutors in Harrisonburg and Charlottesville, we can more efficiently and effectively deploy our limited resources to parts of these court divisions that, historically, have been underserved by our office,” U.S. Attorney Cullen stated. “Importantly, the Assistant U.S. Attorneys who have traditionally worked out of our Harrisonburg office will continue to prioritize cases originating in that community and work closely with our state and local law-enforcement partners there. I do not anticipate a decline in the number of criminal cases filed in that court.”
Cullen added, “Our prosecutors will also, for the first time, work out of new office space in Winchester, an area that has long been the epicenter of the opioid epidemic and organized drug trafficking. I am confident that, with these structural changes, we are better positioned to service the Harrisonburg and Charlottesville court divisions as a whole, including Waynesboro, Staunton, Augusta County, Nelson County, Winchester, Frederick County, Front Royal, and the Route 29 corridor.”
Virginia State Police Special Agent Arrested on Federal Criminal ComplaintRead the Press Release
Abingdon, VIRGINIA – A Virginia State Police Special Agent, formerly assigned to the Tazewell County High Intensity Drug Task Force, was arrested this morning on a federal criminal complaint charging him with lying to a federal agent. United States Attorney Thomas T. Cullen and Special Agent in Charge Adam S. Lee of the FBI’s Richmond Division made the announcement.
Shade Workman, 46, of Bluefield, Va., was arrested this morning and charged in a federal criminal complaint with one count of lying to a federal agent.
“By engaging in this criminal conduct and lying to the FBI, this trooper betrayed the trust of the esteemed Virginia State Police and the citizens he was sworn to protect,” U.S. Attorney Cullen stated. “The United States Attorney’s Office, along with our partners at the FBI, are committed to investigating and prosecuting allegations of corruption by law-enforcement officers.”
“The Virginia State Police is one of the nation's premier law enforcement agencies. The FBI works closely with VSP's outstanding leadership and its superlative men and women to keep the Commonwealth safe and to mitigate the most serious criminal and national security threats, every day. They partner with us even when those threats come from within,” Special Agent Lee said today. “Workman made a series of poor choices which were inconsistent with the high ethical rigor of an agency like VSP and which violated federal law. It is my hope that this case makes clear to our Virginia communities that they are protected by the best - and only the best.”
According to the criminal complaint and affidavit, Workman made false statements to agents of the Federal Bureau of Investigation who were investigating allegations of Workman’s inappropriate relationships with confidential informants. As stated in the affidavit, when questioned, Workman falsely denied having inappropriate and sexual relationships with confidential informants and also denied instructing a confidential informant to destroy evidence of those relationships.
The investigation of the case was conducted by the Federal Bureau of Investigation and the Virginia State Police. Assistant United States Attorney Zachary T. Lee will prosecute the case for the United States.
A criminal complaint is only a charge and not evidence of guilt. The defendant is entitled to a fair trial with the burden on the government to prove guilt beyond a reasonable doubt.
Opinion: Charlottesville, One Year LaterRead the Press Release
By Thomas T. Cullen
United States Attorney for the Western District of Virginia
The one-year anniversary of the odious “Unite the Right” (UTR) rally in Charlottesville thankfully passed without incident. Marked by mainly peaceful marches and rallies on the grounds of the University of Virginia and the Downtown Mall, this weekend’s events stood in stark contrast to the ugly and violent episodes of last year.
Law enforcement—particularly the Virginia State Police (VSP)—deserves enormous credit for planning, organizing, and implementing a security apparatus that provided a safe environment for protected First-Amendment activities and deterred those individuals intent on further violence from appearing and carrying out their nefarious plans.
As the U.S. Attorney for Western Virginia, I had the opportunity to observe this planning up close. Under the leadership of Secretary of Public Safety Brian Moran, VSP Superintendent Gary Settle, and newly appointed Charlottesville Police Chief RaShall Brackney, law-enforcement officials marshalled myriad state and local government agencies under one unified command structure.
This group of law enforcement had been preparing for the anniversary weekend since last fall. Drawing on the painful but important lessons of 2017, the unified command recognized the importance of cooperation and coordination in every aspect of this huge undertaking.
The results speak for themselves. Operating out of a make-shift command center at a local park, state and local officials executed the security plan nearly to perfection. By Friday afternoon, over 700 state troopers and police officers from across the Commonwealth arrived in Charlottesville to augment local police forces. These officers and troopers, including some from the Roanoke Valley, monitored the security perimeter around Court Square Park and the Downtown Mall, redirected vehicular traffic away from protected areas, conducted continuous bike patrols, and generally provided a reassuring presence for protesters, citizens, and business owners alike. Although focused on maintaining order and safety, these officers, who were working long shifts, away from home, in 90-degree heat, were cheerful, courteous, and professional.
The weekend was not without its challenges or controversy. On Saturday evening, some participants at a planned “Rally for Justice” event near UVA’s Rotunda, agitated by the security measures and strong police presence, loudly—and, in some cases, vulgarly—protested officers posted along the Lawn. Cooler heads quickly prevailed, and rally participants eventually made their way, under police protection, downtown. On Sunday, approximately 150 people gathered for a peaceful community event in Washington Park and, later, for a memorial service for Heather Heyer near the intersection of Fourth and Water Streets, where, last August 12, she was murdered by an avowed white supremacist. Police, ever vigilant, made sure both events occurred without incident.
In the wake of last weekend’s events, some Charlottesville residents and organizers have criticized what they perceived as the unwarranted and heavy-handed role of law enforcement. These voices, many of whom, it must be said, are hostile to law enforcement generally, questioned why these security measures were necessary given the absence of white supremacists from this year’s anniversary. This criticism is, in my view, both ironic and unjustified.
Indeed some of these critics are among the same people who loudly criticized Charlottesville officials and the VSP for a perceived passive response to the events of last summer. And even though UTR organizer Jason Kessler had withdrawn his application to hold an official event this year, law enforcement had no choice but to carry out the security plan based on the well-reasoned assumption, informed by intelligence received in the days and weeks leading up to the anniversary weekend, that potentially violent individuals and groups could still descend on Charlottesville. Simply put, in light of what had occurred last year and the real potential for violence to reoccur, it would have been a gross dereliction of duty for law enforcement to do anything else.
As Charlottesville continues to heal from the events of last summer, it is my hope that members of the community recognize the vital role and contributions of law enforcement. Thanks in no small part to their efforts, Charlottesville was able to mark this solemn occasion with the peace and reflection it deserved.
Glade Spring Man Sentenced on Federal Gun ChargeRead the Press Release
Abingdon, VIRGINIA – A Glade Spring man, who was on federal supervised release when authorities discovered him illegally in possession of a firearm, was sentenced last week to 27 months in prison on a federal firearms charge and an additional 18 consecutive months on a supervised release revocation, United States Attorney Thomas T. Cullen announced today.
Joseph A. Routh, 41, pleaded guilty on May 21, 2018 to being a previously convicted felon illegally in possession of a firearm. Routh was on federal supervised release at the time of his guilty plea for a previous conviction of being a felon illegally in possession of a firearm.
According to information presented at previous hearings by Special Assistant United States Attorney Kathleen Carnell, in February 2018 during a vehicle stop, federal authorities executed an arrest warrant on Routh. During the arrest and a subsequent search of the vehicle, Routh was found in possession of a .22 caliber rifle and ammunition.
The investigation of the case was conducted by the United States Marshals Service, the Washington County Sheriff’s Office and the Bureau of Alcohol, Tobacco, Firearms and Explosives. Special Assistant United States Attorney Kathleen Carnell prosecuted the case for the United States.
Duffield Man Pleads Guilty to Manufacturing Marijuana, Felon in Possession of a FirearmRead the Press Release
Abingdon, VIRGINIA – A Duffield, Virginia man, who was on supervised release for a previous federal conviction after having served a lengthy state prison sentence for arson, pled guilty last week in U.S. District Court in Abingdon to federal marijuana and firearms charges, United States Attorney Thomas T. Cullen announced today.
Claude Gene Sloan, 75, pleaded guilty last week to one count of manufacturing and possessing with the intent to distribute more than 100 marijuana plants, one count of distribution of marijuana, and one count of being a previously convicted felon illegally in possession of a firearm. Sloan was previously convicted of manufacturing marijuana and was on federal supervised release at the time of these offenses.
Sentencing has been scheduled for November 7, 2018 at 2:30 p.m. in the U.S. District Court in Abingdon.
The investigation of the case was conducted by the Scott County Sheriff’s Office, Southwest Drug Task Force, Virginia State Police, and the Bureau of Alcohol, Tobacco, Firearms, and Explosives. Assistant United States Attorney Randy Ramseyer is prosecuting the case for the United States
Justice Department, DEA Propose Significant Opioid Manufacturing Reduction in 2019Read the Press Release
WASHINGTON -- The Department of Justice and U.S. Drug Enforcement Administration (DEA) have proposed a reduction for controlled substances that may be manufactured in the U.S. next year. Consistent with President Trump’s “Safe Prescribing Plan” that seeks to “cut nationwide opioid prescription fills by one-third within three years,” the proposal decreases manufacturing quotas for the most six frequently misused opioids for 2019 by an average ten percent as compared to the 2018 amount. The Notice of Proposed Rulemaking (NPRM) marks the third straight year of proposed reductions, which help reduce the amount of drugs potentially diverted for trafficking and used to facilitate addiction.
On July 11, 2018, the Justice Department announced that DEA was issuing a final rule amending its regulations to improve the agency’s ability consider the likelihood of whether a drug can be diverted for abuse when it sets annual opioid production limits. The final rule also promotes greater involvement from state attorneys general, and today’s proposed reduction will be sent to those offices.
In setting the aggregate production quote (APQ), DEA considers data from many sources, including estimates of the legitimate medical need from the Food and Drug Administration; estimates of retail consumption based on prescriptions dispensed; manufacturers’ disposition history and forecasts; data from DEA’s own internal system for tracking controlled substance transactions; and past quota histories.
The DEA has proposed to reduce more commonly prescribed schedule II opioids, including oxycodone, hydrocodone, oxymorphone, hydromorphone, morphine, and fentanyl:
Ultimately, revised limits will encourage vigilance on the part of opioid manufacturers, help DEA respond to the changing drug threat environment, and protect the American people from potential addictive drugs while ensuring that the country has enough opioids for legitimate medical, scientific, research, and industrial needs.
"The opioid epidemic that we are facing today is the worst drug crisis in American history," Attorney General Jeff Sessions said. "President Trump has set the ambitious goal of reducing opioid prescription rates by one-third in three years. We embrace that goal and are resolutely committed to reaching it. According to the National Prescription Audit, we have already made significant progress in reducing prescription rates over the past year. Cutting opioid production quotas by an average of ten percent next year will help us continue that progress and make it harder to divert these drugs for abuse. The American people can be confident that federal law enforcement and the Trump administration are taking action to protect them from dangerous drugs. These smarter limits bring us one big step closer to President Trump's goal of finally ending this unprecedented crisis. I congratulate Acting Administrator Uttam Dhillon and his team for taking action.”
“We’ve lost too many lives to the opioid epidemic and families and communities suffer tragic consequences every day,” said DEA Acting Administrator Uttam Dhillon. “This significant drop in prescriptions by doctors and DEA’s production quota adjustment will continue to reduce the amount of drugs available for illicit diversion and abuse while ensuring that patients will continue to have access to proper medicine.”
“This proposed manufacturing reduction is a critical, common-sense measure that will undoubtedly result in fewer overdoses and less unlawful distribution of these dangerous substances,” U.S. Attorney Thomas T. Cullen stated. “As this bold action indicates, Attorney General Sessions and the DEA are committed to reversing the tide of the opioid epidemic.”
Once the aggregate quota is set, DEA allocates individual manufacturing and procurement quotas to those manufacturers that apply for them. DEA may revise a company’s quota at any time during the year if change is warranted due to increased or decreased sales or exports, new manufacturers entering the market, new product development, or product recalls.
When Congress passed the Controlled Substances Act, the quota system was intended to reduce or eliminate diversion from “legitimate channels of trade” by controlling the quantities of the basic ingredients needed for the manufacture of controlled substances.
The Proposed Aggregate Production Quotas for schedule I and II controlled substances published in the Federal Register reflects the total amount of controlled substances necessary to meet the country’s medical, scientific, research, industrial, and export needs for the year and for the establishment and maintenance of reserve stocks. DEA establishes an APQ for more than 250 schedule I and II controlled substances annually.
In 2016, the Centers for Disease Control and Prevention issued guidelines to practitioners recommending a reduction in the prescribing of opioid medications for chronic pain. DEA and its federal partners have increased efforts in the last several years to educate practitioners, pharmacists, manufacturers, distributors, and the public about the dangers associated with the misuse of opioid medications and the importance of proper prescribing.
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Former Superintendent of Rockbridge County Regional Jail Indicted on Federal Civil Rights ChargesRead the Press Release
Lynchburg, VIRGINIA – A federal grand jury sitting in the United States District Court for the Western District of Virginia in Roanoke has returned an indictment charging two former Rockbridge County Regional Jail officials with federal charges related to federal civil rights violations and falsifying documents to obstruct justice. First Assistant United States Attorney Daniel P. Bubar and Adam S. Lee, Special Agent in Charge of the FBI’s Richmond Division made the announcement.
An indictment returned under seal August 14, 2018 and made public today following the arrest of both defendants charged as follows:
John Marshall Higgins, 61, of Lexington, Va., is charged with four counts of deprivation of rights under color of law, specifically denying a detainee medical care of his serious medical needs, resulting in bodily injury.
Gary Andrew Hassler, 58, of Lexington, Va., is charged with two counts of falsifying documents in order to obstruct a federal investigation.
According to the 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 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.
Pair of Florida Residents Sentenced for Southwest Virginia Gas Pump Skimmer ScamRead the Press Release
Abingdon, VIRGINIA – A pair of Florida residents, who for nearly eight months used electronic devices to illegally skim credit card numbers from gas station customers throughout Southwest Virginia and North Carolina, were sentenced Monday in U.S. District Court on a pair of federal charges, United States Attorney Thomas T. Cullen announced.
Yunior Manuel Torres-Blanco, 25, of Hialeah, Fla., was sentenced earlier this week to 42 months in prison. Ynaisel Garcia, 22, also of Hialeah, was sentenced to 36 months in prison. Both defendants previously pleaded guilty to one count each of aggravated identity theft and one count of credit card fraud. In addition, Garcia previously pleaded guilty to four counts filed in the Middle District of North Carolina – conspiracy to commit access device fraud and three counts of access device fraud.
“These defendants stole the identities of hard-working Virginians and caused tens of thousands of dollars in financial loss,” United States Attorney Cullen stated today. “I am grateful for the hard work of the Roanoke County Police Department and the Secret Service in bringing them to justice.”
Investigators determined that between December 2016 and August 2017, Torres-Blanco and Garcia placed credit card skimmers on various gas pumps throughout Southwest Virginia and North Carolina, and captured the credit card information of customers who purchased gasoline. As part of the scheme, the defendants retrieved the stolen credit card information from the skimmers, created new cards using the stolen numbers, and used the cards to purchase gift cards, services, and merchandise.
In August 2017, a detective with the Roanoke County Police Department recognized a vehicle with Florida plates traveling in Botetourt County as one similar to a vehicle suspected of being involved in a gas pump credit card skimming scheme. It was soon determined that Torres-Blanco and Garcia were inside the vehicle. When approached by law enforcement for a traffic stop, Garcia attempted to elude law enforcement and Torres-Blanco threw items, later identified as gift cards, from the window. Once they stopped the vehicle and were able to search it, investigators found two credit card skimmers, a laptop computer, 68 unopened gift cards, 86 credit cards, of which 83 had been re-coded with stolen credit card information, a new 55-inch television and a new 65-inch television. In all, Torres-Blanco and Garcia obtained more than $40,000 in merchandise, gift cards and services.
The investigation of the case was conducted by the Roanoke County Police Department and the United States Secret Service. Assistant United States Attorney Randy Ramseyer prosecuted the case for the United States. Assistant United States Attorney JoAnna G. McFadden prosecuted Ms. Garcia on the four counts brought in the Middle District of North Carolina.
Husband and Wife Plead Guilty to Federal ChargesRead the Press Release
Abingdon, VIRGINIA – A St. Paul, Virginia man who illegally possessed more than a dozen firearms, and his wife who lied to federal agents to try to keep him out of trouble, have both pleaded guilty to federal charges, United States Attorney Thomas T. Cullen and Virginia Attorney General Mark Herring announced today.
Crystal Dione Hyde, 34, pleaded guilty today in U.S. District Court in Abingdon to one count of lying to a federal agent. At sentencing, Hyde faces a maximum sentence of up to five years in prison. She will be sentenced on November 19, 2018.
Patrick Steven Hyde, 39, pleaded guilty last week to one count of being a previously convicted felon illegally in possession of a firearm. At sentencing, Patrick Hyde faces a maximum statutory penalty of up to ten years in prison. He will be sentenced on November 8, 2018.
“As this case indicates, we will continue to work with our federal, state, and local partners to investigate and prosecute convicted felons who unlawfully possess firearms,” U.S. Attorney Cullen stated. “I am grateful for the leadership of the ATF and the participation of the Virginia Attorney General’s Office in this important violence-reduction initiative.”
“Keeping firearms out of the hands of dangerous individuals has been a top priority for me,” said Attorney General Mark Herring. “It is all too easy for felons to get their hands on firearms in Virginia and I appreciate the dedication of our law enforcement partners to investigate these cases. My office will continue to collaborate with law enforcement to bring those who illegally possess guns to justice and keep our communities safe.”
According to evidence presented at previous hearings by Assistant Attorney General and Special Assistant United States Attorney Suzanne Kerney-Quillen, on December 17, 2015, agents with the Drug Enforcement Administration and the Bureau of Alcohol, Tobacco, Firearms and Explosives 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 and many rounds of ammunition. The firearms recovered included five semi-automatic rifles and two semi-automatic pistols. Steven Hyde is a previously convicted felon who is barred from legally possessing a firearm.
When interviewed by agents with the Bureau of Alcohol, Tobacco, Firearms and Explosives, 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.
The investigation of the case was conducted by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Drug Enforcement Administration. Special Assistant United States Attorney M. Suzanne Kerney-Quillen, a Virginia Assistant Attorney General assigned to the Attorney General’s Major Crimes and Emerging Threats Section, is prosecuting the case for the United States.
U.S. Attorney’s Office to Take Part in National Night OutRead the Press Release
Roanoke, VIRGINIA – The United States Attorney’s Office will join law enforcement and community leaders throughout the Western District of Virginia on Tuesday for events as part of the country’s National Night Out initiative.
National Night Out is an annual community-building campaign that promotes police-citizen partnerships and neighborhood camaraderie. The event provides an opportunity to develop and strengthen relationships between the community and law enforcement by bringing police and neighbors together under positive circumstances, to provide information about drug and crime prevention programs, and to make sure neighborhoods get to know the law enforcement officers who are dedicated to keeping them safe.
U.S. Attorney Thomas Cullen, as well as other management and prosecutors from the United States Attorney’s Office will participate in events at IX Park in Charlottesville and at Stonefield in Albemarle County. They will also ride on patrol with local police departments and participate in National Night Out events in Roanoke City, Roanoke County, Danville, and Bristol.
More than 16,000 communities and over 38 million community members are expected to take part in National Night Out events on Tuesday across the country.
Roanoke Valley Regional Drug Initiative Honored by Washington/Baltimore HIDTARead the Press Release
Roanoke, VIRGINIA – The Roanoke Valley Regional Drug Initiative was honored for its work during the Washington/Baltimore HIDTA Awards luncheon in Fairfax earlier today with the award for Outstanding Investigative Effort, United States Attorney Thomas T. Cullen and Roanoke County Police Chief Howard Hall announced.
The award, presented during HIDTA’s annual luncheon, was awarded to detectives and agents assigned to the Roanoke Valley Regional Drug Initiative [RVRDI] for their work on the investigation of a drug trafficking organization allegedly led by Monta Jordan. Members of the RVRDI worked with dozens of federal, state and local agencies to target members of the organization and bring charges against Jordan and others.
“We are extremely proud of the officers and agents who comprise the RVRDI,” U.S. Attorney Cullen stated today. “This federal, state, and local law-enforcement partnership is on the frontlines of the Roanoke Valley’s opioid epidemic, and we are hopeful that it will continue to take out major distributors and interdict these deadly drugs before they hit the streets.”
“We are extremely pleased with the cooperative efforts of our local, state and federal agencies in this investigation. The resources made possible through the Roanoke Valley Regional Drug Initiative continue to help us combat narcotics not only in Roanoke County, but also across our neighboring jurisdictions and throughout the entire Commonwealth of Virginia,” Roanoke County Police Chief Howard Hall said today.
What began as an investigation into a local drug trafficking operation later revealed alleged connections throughout the United States. According to filed court documents, in August of 2017, investigators intercepted a package sent from Arizona addressed to Jordan containing more than one-half kilogram of heroin and one-half kilogram of cocaine. Based upon further investigation conducted by the Roanoke Valley Regional Drug Initiative, a member of the Mid-Atlantic High Intensity Drug Trafficking Area, Jordan is now charged with conspiring to distribute more than 1000 grams of heroin, 400 grams of Fentanyl, 500 grams of methamphetamine, and 500 grams of cocaine. Jordan is also charged with firearms offenses related to his drug trafficking. All of these actions led to the dismantling of the organization and pending federal charges. Jordan’s trial is currently set for February 2019.
The Roanoke Valley Regional Drug Initiative is comprised of the Roanoke County Police Department, Roanoke City Police Department, Vinton Police Department, Salem Police Department, Virginia State Police, Drug Enforcement Administration, Bureau of Alcohol, Tobacco, Firearms, and Explosives, US Marshall's Service, Department of Homeland Security, US Postal Inspector, FBI, as well as the commonwealth attorneys from Roanoke City, Roanoke County, and Salem and the U.S. Attorney’s Office for the Western District of Virginia.
Danville Man Pleads Guilty to Seven Federal Drug and Gun ChargesRead the Press Release
Danville, VIRGINIA – United States Attorney Thomas T. Cullen announced today the guilty plea of Keemo Jonathan Lee to a series of federal drug and gun charges related to the sale of cocaine, heroin and illegal firearms. The prosecution comes as part of the U.S. Attorney’s Project Safe Neighborhoods initiative to reduce violent crime throughout the Western District of Virginia.
Today in U.S. District Court in Danville, Lee, 23, pleaded guilty without the benefit of a plea agreement to all seven charges returned in a February 28, 2018 federal indictment. Those charges include three counts of distribution and possession with the intent to distribute cocaine, two counts of distribution and possession with the intent to distribute heroin and two counts of sale of a firearm to a prohibited person that is an unlawful user of a controlled substance.
“As today’s guilty plea indicates, our office is committed to working with our federal, state, and local partners to make Danville a safer community,” U.S. Attorney Cullen stated. “Project Safe Neighborhoods is taking root in Danville, and I am confident that this vital law-enforcement initiative will succeed.”
According to a statement of facts read into the record at today’s hearing, should the matter have gone to trial the United States would have proven beyond a reasonable doubt that on multiple occasions officers with the Danville Police Department, utilizing a confidential source, made controlled purchases of cocaine, heroin, and illegal firearms from Lee.
One such controlled purchase, on June 29, 2017, was conducted at a gas station 326 feet from Danville Community College and 908 feet from Grove Park Preschool’s playground. During the June 29, 2017 controlled buy, Lee sold a confidential source 3.2 grams of cocaine and a Smith & Wesson M&P .40 Shield handgun, with ammunition, for $500.
On July 25, 2017, during another controlled purchase, Lee sold a confidential source .5003 grams of cocaine and a SCCY CPX-1 handgun for $400. After Lee changed locations for the transaction multiple times, the exchange ultimately took place 726 feet from Danville Community College.
The investigation of the case was conducted by the Danville Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives. Special Assistant United States Attorney Rachel Swartz and Assistant United States Attorney Heather L. Carlton are prosecuting the case for the United States.
This case is part of Project Safe Neighborhoods (PSN), a federal program designed to bring together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. Attorney General Jeff Sessions reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting each community’s most violent criminals. Attorney General Sessions directed all U.S. Attorney’s Offices to work in partnership with federal, state, and local law enforcement, as well as the local civilian community, to develop effective, targeted strategies to reduce violent crime. This case is a product of that collaborative effort.
Nurse Practitioner Sentenced for Illegally Prescribing Drugs at Substance Abuse Treatment ProgramRead the Press Release
Abingdon, VIRGINIA – An Abingdon Nurse practitioner, who illegally distributed opiates and other prescription drugs while working at a substance abuse program, was sentenced last week to serve 60 months in prison, United States Attorney Thomas T. Cullen and Virginia Attorney General Mark Herring announced.
Matthew Justin Sykes, 43, pleaded guilty on May 7, 2018 to one count of conspiring to (a) misbrand a drug in interstate commerce by causing prescription drugs to be dispensed without a valid prescription and (b) illegally distribute Schedule III and IV controlled substances. In addition, he pleaded guilty to eight counts of distributing oxycodone, a Schedule II opiate, one count of distributing alprazolam, a Schedule IV benzodiazepine, and one count of using the United States Postal Service in committing, causing or facilitating a felony drug trafficking offense.
“This medical professional violated the public’s trust by unlawfully dispensing these deadly drugs,” U.S. Attorney Cullen stated. “We will continue to work with our federal, state, and local partners, including Attorney General Mark Herring, to identify and target those in the medical community who put profits before patients, and, in so doing, help fuel the opioid epidemic.”
“The opioid crisis has hit Southwest Virginia as hard as anywhere, and illegal prescription drugs have been a huge part of the problem. As part of our comprehensive approach to the opioid crisis, my team and I have pursued enforcement action against more than 300 medical professionals, like doctors, nurses, and others, who overprescribe, divert, or steal opioids. This conviction wouldn’t have been possible without the strong partnership between my office and U.S. Attorney Cullen’s, and I look forward to continuing our work to make Southwest Virginia safer.”
“Distributing addictive, opioid drugs where there is not a legitimate medical purpose poses a serious threat to the U.S. public health and will not be tolerated,” said Mark S. McCormack, Special Agent in Charge, U.S. Food and Drug Administration's Office of Criminal Investigations, Metro Washington Field Office. “The FDA is committed to bringing to justice those unscrupulous actors who use their access to these powerful drugs as a way to enrich themselves by distributing them without valid prescriptions.”
According to evidence presented at previous hearings, Sykes was employed by Watauga Recovery Center from March 2012 until April 2017, a practice that holds itself out as a substance abuse treatment program. Watauga Recovery Center has locations in Virginia, Tennessee and North Carolina. Sykes worked primarily at Watauga Recovery Center’s Duffield, Virginia, office. Sykes was also employed by E & C Counseling, another practice holding itself out as a substance abuse treatment center, located in Abingdon, Virginia. Sykes had a valid DEA registration number during this time, which was surrendered in May 2017.
Sykes admitted to conspiring with other health care providers and employees at Watauga Recovery Centers, a cash payment practice, to regularly prescribe a combination of buprenorphine, clonazepam, and gabapentin, without a legitimate medical purpose and outside the usual course of professional practice. This included issuing prescriptions to patients knowing there was no legitimate reason to do so, and prescribing three dosage units of buprenorphine per day to patients, knowing that at least one of the three doses would be diverted and sold. In addition, Sykes and his co-conspirators would cause prescriptions to be issued in the name of a prescriber who had not examined the patient.
In addition, on multiple occasions from January 2014 until April 2017, Sykes wrote prescriptions for Schedule II controlled substances in various individuals’ names. These prescriptions were not recorded in regular patient files of Watauga Recovery Center or E & C Counseling. The prescriptions were filled at various pharmacies located in the Western District of Virginia. Some of these prescriptions were filled by Sykes himself without the individual’s knowledge or consent, while others were filled by the individuals, who then gave Sykes part of the controlled substances dispensed by the pharmacies. Sykes has admitted that he wrote the prescriptions and that they were issued without a legitimate medical purpose and beyond the bounds of professional practice.
On October 30, 2017, Sykes received a package at his home in Abingdon, Virginia, delivered by the United States Postal Service, which contained alprazolam, a schedule IV controlled substance. Sykes has stated that he ordered this alprazolam from an anonymous internet source on the “dark web.” He has stated that he had been ordering and receiving controlled substances from several different anonymous sources on the dark web since 2013, including oxycodone, hydrocodone, Adderall, and alprazolam, and that he has given and sold controlled substances ordered on the dark web to other individuals.
This case is part of an investigation by the Food and Drug Administration-Office of Criminal Investigations, Virginia Office of the Attorney General’s Medicaid Fraud Control Unit, Drug Enforcement Administration, Tennessee Bureau of Investigation, Virginia State Police, and the United States Postal Inspection Service.
Special Assistant United States Attorney/Virginia Assistant Attorney General Janine Myatt and Assistant United States Attorney Randy Ramseyer prosecuted the case for the United States.
Opinion: Protecting Americans from Violent OffendersRead the Press Release
By Thomas T. Cullen
U.S. Attorney, Western District of Virginia
As we enter the 2018 midterm season and the attendant legislative interregnum, Congress can and should take bipartisan action to protect us from repeat violent offenders.
In 1984, President Reagan signed into law the Armed Career Criminal Act (ACCA). Under the ACCA, felons convicted of unlawfully possessing a firearm face a mandatory minimum sentence of 15 years if they had three or more prior convictions for a “serious drug offense” or a “violent felony.”
This federal statute, along with other criminal-justice initiatives, including parole abolition, bail reform, and the U.S. Sentencing Guidelines, were passed to address an alarming two-decade increase in violent crime.
As Attorney General Jeff Sessions recently noted, between 1964 and 1980, the number of robberies and rapes tripled, aggravated assaults nearly tripled, and murders doubled.
The ACCA and these other reforms were a resounding success. Between 1991 and 2014, the murder and aggravated-assault rates decreased by half. Robberies decreased by two-thirds and rapes by more than a third.
The U.S. Supreme Court in 2015 dealt a severe blow to the ACCA and violent-crime reduction efforts. In Johnson v. United States, the Court considered whether Samuel Johnson, an avowed white supremacist who had confessed to planning multiple acts of domestic terrorism, should be subject to the mandatory 15-year sentence under the ACCA after pleading guilty to the possession of an AK-47 rifle, several other firearms, and over 1,000 rounds of ammunition as a previously convicted felon.
At issue in Johnson was whether one of the defendant’s multiple prior felony convictions – unlawful possession of a sawed-off shotgun – constituted a “violent felony” under the statute. The Court determined that this prior conviction did not qualify and that Johnson therefore could not face the mandatory penalty. In reaching this conclusion, the Court held that the ACCA’s so-called “residual clause,” which included, in the definition of a violent felony, offenses that involved “conduct that presents a serious risk of physical injury to another,” was unconstitutionally vague and struck it from the statute.
In the three years since the Supreme Court gutted the ACCA, and in the absence of a “legislative fix,” lower federal courts have struggled to craft and apply a consistent framework for deciding whether—and under what circumstances—various categories of seemingly violent offenses can still be counted towards enhanced penalties.
The results have been inconsistent and absurd. For example, courts across the country have recently held that sexual abuse by forcible compulsion, armed robbery, resisting arrest, assault and battery on a police officer, felony domestic assault, terroristic threatening, interfering with a flight crew, sex trafficking of a minor, conspiracy to commit murder in aid of racketeering, and, perhaps most ironically, using a firearm during and in relation to a crime of violence do not constitute violent crimes. As then-Chief Judge of the U.S. Court of Appeals for the Fourth Circuit William B. Traxler, Jr., lamented in a recent case, “And this, finally, is what we have come to: plotting to murder one’s fellow human beings is not a crime of violence. Heaven help us.”
As a result of Johnson and the cases that followed in its wake, federal prosecutors are no longer able to obtain meaningful sentences for repeat violent offenders. That problem is compounded by the fact that, in the three years since Johnson was decided, more than 1400 recidivist offenders have successfully petitioned for early release from prison. Of those who have been out of prison at least two years, a majority have already reoffended. And as Attorney General Sessions recently noted, of the 1400 inmates released in the last three years, 600 have already been re-arrested on average, at least three times. This number is staggering.
Among the Johnson reoffenders who won early release are Jeffrey Giddings, Abe Martinez, and Jerrod Baum. In August 2016, following his release from prison, Giddings, who previously had racked up more than 20 convictions between 1991 and his incaceration, shot an Oregon police officer and took two restaurant employees hostage. In June, Martinez absconded from a Utah half-way house before murdering his 89-year-old grandmother. Earlier this year, Baum, also of Utah, allegedly kidnapped and murdered a teenage couple before throwing their bodies down an abandoned mine shaft. But for Johnson, all of these victims would be alive today.
Over the past several months, Attorney General Sessions, DOJ, and the U.S. Attorney community have attempted to increase awareness in Congress on this critical issue. These initial efforts met with some resistance by members of both parties who generally oppose the application of mandatory minimums in cases involving non-violent drug offenders.
The persistence, however, is beginning to pay off. Many who were initially skeptical about ACCA-reform efforts now correctly realize that punishing recidivist violent offenders has absolutely nothing to do with the application of mandatory minimums in drug cases. Stated differently, there may be an emerging consensus in Congress that a member can advocate for drug-sentencing reform while taking action to restore the authority of federal prosecutors to target violent career criminals with guns.
It’s time for Congress to act on the ACCA. Unless this important statute is returned to its intended use, we are all less safe.
Lebanon Doctor Convicted of Federal Drug Distribution Charges Following Two Week Jury TrialRead the Press Release
Abingdon, VIRGINIA – A medical doctor who operated two rural healthcare practices in Lebanon, Virginia was convicted today of federal drug and healthcare fraud charges. First Assistant United States Attorney Daniel P. Bubar and Virginia Attorney General Mark Herring made the announcement.
Following more than two weeks of trial in U.S. District Court in Abingdon, Dr. Dwight L. Bailey, 65, of Lebanon, Va., was convicted of all 63 counts charged against him. Bailey, who operated Family Healthcare Associates of Southwest VA and Ridgewood Health Care Clinic, was convicted of illegally prescribing drugs to his patients. Evidence at trial established that Dr. Bailey and the 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 the emergency room topped $750,000 in a single year.
Specifically, Dr. 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, one count of conspiracy to distribute suboxone, one count of conspiracy to commit health care fraud, 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.
“This conviction underscores our office’s commitment to holding healthcare providers, who put greed above the safety of their community and patients, accountable for their role in the opioid crisis,” said First Assistant United States Attorney Bubar. “As a top priority, we will continue to vigorously prosecute those responsible for causing opioids to devastate our communities.”
“Prescription drugs have played a major role in the ongoing opioid crisis in Virginia and medical professionals who illegally distribute these highly addictive drugs need to be brought to justice,” said Attorney General Mark Herring. “My team and I have worked hard to bring enforcement action against hundreds of medical professionals who have overprescribed, distributed or stolen prescription drugs as part of our approach to combating the opioid crisis. I want to thank the U.S. Attorney’s office for their partnership in this case.”
Sentencing is scheduled for January 3, 2019, at 1:30 p.m. before United States District Judge James P. Jones in Abingdon.
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.
Former Virginia Teacher Sentenced to 23 Years in Prison for Producing Child PornographyRead the Press Release
WASHINGTON - A Charlottesville, Virginia man was sentenced today to 276 months in prison for production of child pornography, announced Assistant Attorney General Brian A. Benczkowski of the Justice Department’s Criminal Division, U.S. Attorney Thomas T. Cullen of the Western District of Virginia and Special Agent in Charge Patrick J. Lechleitner of U.S. Immigration and Customs Enforcement’s Homeland Security Investigations Washington, D.C. field office.
Richard Wellbeloved-Stone, 57, pleaded guilty in the U.S. District Court for the Western District of Virginia to one count of production of child pornography. Senior U.S. District Judge Norman K. Moon presided over the sentencing and ordered him to serve a lifetime of supervised release following his prison sentence.
Wellbeloved-Stone, a high school teacher in Charlottesville, was discovered by law enforcement after chatting online with an undercover agent from the United Kingdom about sexually abusing a young child. A search warrant executed at Wellbeloved-Stone’s home recovered several images of child pornography produced by Wellbeloved-Stone of at least two young minor victims.
“As a high school science teacher, the defendant held a position of great trust in our society – a trust he abused when he produced horrific images of young children,” said Assistant Attorney General Benczkowski. “Today’s sentence reflects the unwavering commitment of our prosecutors and law enforcement partners to combat child pornography and to hold offenders accountable for their deplorable crimes.”
“This defendant, through his heinous acts, betrayed the trust of the Charlottesville community,” said U.S. Attorney Cullen. “We are grateful for the hard work of our federal, state, and local law-enforcement partners in bringing him to justice and making our community safer.”
“Child predators are the worst type of criminals,” said HSI Special Agent in Charge Lechleitner. “They prey on innocent children for their own self-gratification. While we can’t undo Wellbeloved-Stone’s actions, today’s sentence ensures he can’t victimize anyone else.”
This case was investigated by HSI Washington, D.C., the Charlottesville Police Department, the Virginia State Police, the Albemarle County Police Department and the Criminal Division’s Child Exploitation and Obscenity Section’s (CEOS) High Technology Investigative Unit.
This case was prosecuted by Trial Attorney Leslie Williams Fisher of the Criminal Division’s CEOS and Assistant U.S. Attorney Nancy Healey.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child exploitation and abuse launched in May 2006 by the Department of Justice. Led by U.S. Attorney’s Offices and CEOS, Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend, and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
Danville Man Charged with Six Armed Robberies as Part of Project Safe Neighborhoods Initiative to Reduce Violent Crime in the Western District of VirginiaRead the Press Release
Danville, VIRGINIA – A federal grand jury has charged a Danville man with committing numerous armed robberies of businesses in Danville, Bedford, and Rocky Mount. The 14-count indictment is part of the Western District of Virginia’s ongoing Project Safe Neighborhoods initiative to reduce violent crime. United States Attorney Thomas T. Cullen and Adam S. Lee, Special Agent in Charge of the FBI’s Richmond Division made the announcement.
Justin Lee Stallings, 33, is charged with six counts of Hobbs Act robbery, six counts of using a firearm in commission of a Hobbs Act robbery, one count of conspiracy to commit Hobbs Act robbery, and one count of being a previously convicted felon illegally in possession of a firearm.
“This indictment demonstrates our renewed commitment to working with our state and local partners to target individuals who commit violent acts in our communities,” U.S. Attorney Cullen stated today. “We will continue to work closely with our partners at the FBI, the Danville Police Department and the Commonwealth’s Attorney’s Office, to make Danville a safer community.”
“The message should be clear by now; the Commonwealth of Virginia and its law enforcement network is fully committed to eliminating violent crime in our communities. If you try it here, we will find you and we will stop you,” Special Agent in Charge of the FBI’s Richmond Division, Adam S. Lee said today. “I want to thank United States Attorney Thomas Cullen and his team for their continued outstanding work and our partners in Danville who are working to restore their great community.”
The superseding indictment alleges that Stallings committed six armed, Hobbs Act robberies between December of 2016 and February of 2017. Specifically, the superseding indictment charges Stallings with using a firearm to commit Hobbs Act 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 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 is accused of brandishing 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, and the Rocky Mount Police Department. Assistant United States Attorneys Ronald M. Huber and Christopher Kavanaugh and Special Assistant United States Attorney Rachel Swartz 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.
This case is part of Project Safe Neighborhoods (PSN), a federal program designed to bring together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. Attorney General Jeff Sessions reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting each community’s most violent criminals. Attorney General Sessions directed all U.S. Attorney’s Offices to work in partnership with federal, state, and local law enforcement, as well as the local civilian community, to develop effective, targeted strategies to reduce violent crime. This case is a product of that collaborative effort.
Virginia Man Sentenced to Prison for Tax Fraud and Structuring More than $475,000Read the Press Release
WASHINGTON - A Concord, Virginia man was sentenced to prison today for tax and currency structuring charges, 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.
Barry Edwards, 54, was sentenced to 36 months in prison on one count of filing a fraudulent 2013 tax return and one count of conspiring to structure cash transactions.
According to court documents and information provided to the court, Barry and his wife Joanne Edwards created two purported religious missions in 2006, which they used as nominees to receive income Barry Edwards earned selling nutritional supplements. The couple deposited this income into bank accounts held in nominee names. They then withdrew more than $475,000 in cash from these accounts, in increments less than $10,000, to evade bank-reporting requirements. The couple deposited the withdrawn funds into their own bank accounts to pay personal expenses, including car payments and their children’s tuition. Barry Edwards also used the cash to purchase a five-acre farm in Concord, Virginia. The couple jointly filed fraudulent 2013 through 2015 tax returns with the Internal Revenue Service (IRS) that did not fully report their income.
In addition to the term of imprisonment, U.S. District Court Judge Norman K. Moon ordered Barry Edwards to serve three years of supervised release. Mr. Edwards was also ordered to pay $7,929.00 in restitution to the IRS for unpaid taxes.
The Court previously sentenced Joanne Edwards, on May 9, 2018, to 18 months in prison followed by three years of supervised release as well as restitution for filing a fraudulent 2013 tax return and conspiring to structure cash transactions.
Principal Deputy Assistant Attorney General Richard E. Zuckerman and U.S. Attorney Thomas T. Cullen thanked special agents of IRS Criminal Investigation, who conducted the investigation, and Trial Attorney Sean Beaty of the Tax Division and Special Assistant U.S. Attorney Kari Munro, who prosecuted the case.
Additional information about the Tax Division and its enforcement efforts may be found on the division’s website.
Virginia Man Sentenced to 23 Years in Prison for Traveling to Haiti and Engaging in Illicit Sexual ConductRead the Press Release
A Virginia man was sentenced today to 276 months in prison, to be followed by a life term of supervised release, for traveling from the United States to Haiti and engaging in illicit sexual conduct with a minor, Assistant Attorney General Brian A. Benczkowski of the Justice Department’s Criminal Division, U.S. Attorney Thomas T. Cullen of the Western District of Virginia and Special Agent in Charge Patrick J. Lechleitner of U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI) Washington, D.C., announced.
James Daniel Arbaugh, 40, of Stuarts Draft, Virginia, pleaded guilty on Feb. 6, to one count of traveling in foreign commerce from the United States to Haiti in or about 2016 to engage in illicit sexual conduct with a person under the age of 18 before U.S. District Court Judge Elizabeth K. Dillion of the Western District of Virginia, who sentenced him earlier today and remanded him to the custody of the U.S. Marshals Service.
“James Arbaugh was a wolf in sheep’s clothing: he posed as a selfless missionary when in reality he was exploiting his position to prey on and sexually abuse vulnerable children in one of the most impoverished areas of the world,” said Assistant Attorney General Benczkowski. “Today’s sentencing is a testament to the unwavering commitment of our prosecutors and law enforcement partners to hold sexual predators like Arbaugh accountable for their deplorable crimes.”
“The defendant abused his position of trust to prey on vulnerable victims, and their lives will never be the same,” said U.S. Attorney Cullen. “As this case indicates, our office is committed to working with our federal, state, and local law enforcement partners to identify and vigorously prosecute those who exploit children.”
“This kind of heinous and evil activity has no place here, abroad or in-transit,” said Special Agent in Charge Lechleitner. “Those seeking to commit such abhorrent crimes and evade detection cannot hide from our highly skilled and dedicated investigators.”
According to admissions made in connection with his guilty plea, Arbaugh has lived in Haiti for approximately 15 years and has traveled regularly back to the United States during that time. According to statements made by the Court during Armbaugh’s sentencing hearing, during his time in Haiti, Arbaugh traveled as a Mennonite missionary regularly visiting remote towns and villages, where he would befriend and groom children in these communities. Arbaugh admitted that in 2016, while in Haiti, he engaged in illicit sexual contact with a minor under the age of 12 by touching the minor’s genitals under the minor’s clothing.
The investigation of the case was conducted by HSI and the Harrisonburg Police Department. This case is being prosecuted by Trial Attorney Kaylynn Shoop of the Criminal Division’s Child Exploitation and Obscenity Section (CEOS) and Assistant U.S. Attorney Jeb Terrien of the U.S. Attorney’s Office in the Western District of Virginia.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse, launched in May 2006 by the Department of Justice. Led by U.S. Attorneys’ Offices and CEOS, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit http://www.justice.gov/psc.
Virginia Man Sentenced to 23 Years in Prison for Traveling to Haiti and Engaging in Illicit Sexual ConductRead the Press Release
WASHINGTON – A Virginia man was sentenced today to 276 months in prison, to be followed by a life term of supervised release, for traveling from the United States to Haiti and engaging in illicit sexual conduct with a minor, Assistant Attorney General Brian A. Benczkowski of the Justice Department’s Criminal Division, U.S. Attorney Thomas T. Cullen of the Western District of Virginia and Special Agent in Charge Patrick J. Lechleitner of U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI) Washington, D.C., announced.
James Daniel Arbaugh, 40, of Stuarts Draft, Virginia, pleaded guilty on Feb. 6, to one count of traveling in foreign commerce from the United States to Haiti in or about 2016 to engage in illicit sexual conduct with a person under the age of 18 before U.S. District Court Judge Elizabeth K. Dillion of the Western District of Virginia, who sentenced him earlier today and remanded him to the custody of the U.S. Marshals Service.
“James Arbaugh was a wolf in sheep’s clothing: he posed as a selfless missionary when in reality he was exploiting his position to prey on and sexually abuse vulnerable children in one of the most impoverished areas of the world,” said Assistant Attorney General Benczkowski. “Today’s sentencing is a testament to the unwavering commitment of our prosecutors and law enforcement partners to hold sexual predators like Arbaugh accountable for their deplorable crimes.”
“The defendant abused his position of trust to prey on vulnerable victims, and their lives will never be the same,” said U.S. Attorney Cullen. “As this case indicates, our office is committed to working with our federal, state, and local law enforcement partners to identify and vigorously prosecute those who exploit children.”
“This kind of heinous and evil activity has no place here, abroad or in-transit,” said Special Agent in Charge Lechleitner. “Those seeking to commit such abhorrent crimes and evade detection cannot hide from our highly skilled and dedicated investigators.”
According to admissions made in connection with his guilty plea, Arbaugh has lived in Haiti for approximately 15 years and has traveled regularly back to the United States during that time. According to statements made by the Court during Armbaugh’s sentencing hearing, during his time in Haiti, Arbaugh traveled as a Mennonite missionary regularly visiting remote towns and villages, where he would befriend and groom children in these communities. Arbaugh admitted that in 2016, while in Haiti, he engaged in illicit sexual contact with a minor under the age of 12 by touching the minor’s genitals under the minor’s clothing.
The investigation of the case was conducted by HSI and the Harrisonburg Police Department. This case is being prosecuted by Trial Attorney Kaylynn Shoop of the Criminal Division’s Child Exploitation and Obscenity Section (CEOS) and Assistant U.S. Attorney Jeb Terrien of the U.S. Attorney’s Office in the Western District of Virginia.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse, launched in May 2006 by the Department of Justice. Led by U.S. Attorneys’ Offices and CEOS, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit http://www.justice.gov/psc.
Federal Officials Close Review of Fatal Shooting of Hector Escoto-MunguiaRead the Press Release
Roanoke, VIRGINIA – The United States Attorney’s Office for the Western District of Virginia announced today that there is insufficient evidence to pursue federal criminal charges against Keith Sidwell in the April 10, 2018 fatal shooting of Hector Escoto-Munguia on the Blue Ridge Parkway.
Officials from the United States Attorney’s Office met with members of Escoto-Munguia’s family today to inform them of this decision.
In conducting its review, the United States Attorney’s Office was tasked with determining whether the events that led to the death of Mr. Escoto-Munguia gave rise to a federal criminal violation prosecutable under the applicable statutes, 18 U.S.C. § 1111 (Unlawful Killing of Another Person), or 18 U.S.C. § 1112 (Voluntary Manslaughter). To establish a violation of Section 1111, the government must prove, beyond a reasonable doubt, that (1) the defendant unlawfully killed a person; (2) the defendant killed with malice aforethought; and (3) the killing was premeditated.; or that (1) the defendant unlawfully killed a person; (2) the defendant killed with malice aforethought; and (3) the killing took place within the territorial jurisdiction of the United States. To establish a violation of Section 1112, the government must prove, beyond a reasonable doubt, that (1) the defendant unlawfully killed a person; and (2) the defendant did so without malice, that is, upon a sudden quarrel or heat of passion. Based on the specific circumstances of this encounter, the United States Attorney’s Office also had to analyze these potential federal charges in conjunction with the self-defense doctrine, which, in certain cases, acts as a bar to criminal liability for an otherwise intentional killing.
Here, experienced federal prosecutors from the United States Attorney’s Office considered whether Keith Sidwell (Sidwell) violated Sections 1111 or 1112 by killing Mr. Escoto-Munguia. After a thorough review of the evidence gathered by the FBI, the Roanoke County Police Department and the National Park Service, the United States Attorney’s Office has determined that there is insufficient evidence to prove, beyond a reasonable doubt, that Mr. Sidwell violated either statute.
The United States Attorney’s Office conducted an independent review of the evidence. This included multiple 911 calls, witness interviews, crime-scene analysis, physical evidence and digital media. This evidence indicated that on April 10, 2018, Mr. Sidwell and Mr. Escoto-Munguia, who was driving a Hummer H3, encountered each other while they were both driving on the Blue Ridge Parkway. The two ended up stopped next to each other, facing in opposite directions, with their driver’s windows down. Mr. Sidwell stated that Mr. Escoto-Munguia pointed what appeared to be a semi-automatic handgun at him and Mr. Sidwell, a former police officer who possessed a valid concealed weapons permit, drew his own handgun, a Glock 9mm, and yelled multiple times for Mr. Escoto-Munguia to drop the gun. Mr. Sidwell asserted that he discharged his firearm when Mr. Escoto-Munguia continued to point the firearm at him and Mr. Sidwell feared for his life. Investigators determined that Mr. Sidwell discharged his firearm three times and they also recovered a Daisy Powerline Model 340 BB pistol from the roadway just outside and to the rear of Mr. Escoto-Munguia’s vehicle. The BB-gun is made to look like an actual handgun and bears markings strikingly similar to a Beretta 92F 9mm pistol. At approximately 10:27 a.m., Mr. Sidwell called 911 stating he had shot a man on the Blue Ridge Parkway after the man had pointed a gun at him. Mr. Sidwell can be heard shouting “get down” or “sit down” in the background of this call. The investigation also disclosed that immediately before the shooting, Mr. Escoto-Munguia had at least three other encounters with witnesses not far from the location of the shooting. These witnesses reported that a man driving a vehicle similar to that of Mr. Escoto-Munguia brandished what appeared to be a black handgun at them. They each identified Mr. Escoto-Munguia from either his photograph or his vehicle. Specifically, one of the witnesses also reported a license plate number on the vehicle being driven by the man brandishing the firearm, which transposed one letter of the license plate number on Mr. Escoto-Munguia’s Hummer (VZY-4100 versus VYZ-4100, respectively).
Here, the United States Attorney’s Office cannot disprove Mr. Sidwell’s assertion that he needed to use deadly force because he feared for his life when Mr. Escoto-Munguia pointed what appeared to be a handgun at him and failed to comply with his orders to drop it. As noted above, a person who has killed another human being may rely upon the doctrine of self-defense to justify his actions and remove himself from criminal liability. The person who is not the aggressor may use a reasonable amount of force against the aggressor when the defender reasonably believes he or she is in immediate danger of unlawful bodily harm, and the use of force is necessary to prevent that harm. United States v. Bellinger, 652 F. App’x 143, 148 (4th Cir. 2016) (unpublished). Deadly force may be used in self-defense if it is an “in-kind response,” i.e. a person “reasonably believes that he is in imminent danger of death or great bodily harm.” United States v. Barrett, 797 F.3d 1207, 1218 (10th Cir. 2015); United States v. Black, 692 F.2d 314, 318 (4th Cir. 1982). Finally, a valid claim of self-defense requires that the aggressor “(1) was under unlawful and present threat of death or serious bodily injury; (2) did not recklessly place himself in a situation where he would be forced to engage in criminal conduct; (3) had no reasonable legal alternative; and (4) established a direct causal relationship between the criminal action and the avoidance of the threatened harm.” United States v. Smith, 600 F. App’x 884, 886 (4th Cir. 2015).
In this case, there is insufficient evidence to establish, beyond a reasonable doubt, that Mr. Sidwell unlawfully killed Mr. Escoto-Munguia and that he did not act in self defense. The totality of the available evidence indicates that just prior to his encounter with Mr. Sidwell, Mr. Escoto-Munguia had encounters with others on or near the Blue Ridge Parkway during which he displayed what appeared to be a handgun. There is no reliable testimonial or physical evidence that refutes Mr. Sidwell’s account that he believed he was in imminent danger of death or great bodily harm when Mr. Escoto-Munguia pointed what appeared to be a handgun at him. Accordingly, the evidence is not sufficient to meet the rigorous requirements of proving beyond a reasonable doubt the elements of 18 U.S.C. §§ 1111 or 1112. This decision is limited strictly to an application of the high legal standard required to prosecute the case under federal criminal laws. It does not reflect an assessment of any other aspect of the incident that led to Mr. Escoto-Munguia’s death.
The United States Attorney’s Office consulted with the Roanoke County Commonwealth’s Attorney’s Office throughout the investigation and review of this matter and that office concurred with the decision of the United States Attorney’s Office.
This decision is based on an extensive review and a careful analysis of the applicable law, as well as our adherence to well-established ethical standards governing prosecutors in cases where, as here, the evidence falls short of our constitutional burden of proof. The United States Attorney’s Office is committed to investigating all allegations of violations of federal law and will devote all necessary resources to ensure that a thorough and careful review is given to any matter within our jurisdiction.
Wise Resident Pleads Guilty to Opioid Importation Related ChargesRead the Press Release
Abingdon, VIRGINIA – United States Attorney Thomas T. Cullen announced today that Kristofer Rucinski, 35, of Wise, Virginia, entered a guilty plea today in the United States District Court in Abingdon. Rucinski pleaded guilty to one count of using a communications facility to unlawfully import fentanyl and fentanyl analogues.
“Fentanyl and other deadly opioids have contributed to a public-health crisis in Western Virginia,” United States Attorney Cullen stated today. “We will continue to prosecute those who attempt to import these and other deadly drugs into the United States.”
According to evidence presented by Assistant United States Attorney Zachary Lee at today’s guilty plea hearing, Rucinski ordered and attempted to order fentanyl analogues over the internet to be delivered to his residence in Wise, Va. On February 15, 2018, Customs and Border Patrol officers intercepted a package sent from China containing a quantity of a fentanyl analogue that was addressed to Rucinski in Wise. A controlled delivery of the package was made on February 21 2018 at Rucinski’s residence, which resulted in a search warrant being executed at his residence and, ultimately Rucinski’s arrest. Additional analogue substances were located in the residence. Rucinski was interviewed by law enforcement and admitted that he had been ordering these drugs off the internet and using Bitcoin to pay for the drugs.
Rucinski is scheduled to be sentenced on October 11, 2018. He faces a potential maximum sentence of four years imprisonment and a fine of $250,000.
The investigation of the case was conducted by Homeland Security Investigations, Customs and Border Patrol, United States Postal Inspection Service, Drug Enforcement Administration, Wise Police Department and the Virginia State Police. Assistant United States Attorney Zachary Lee will prosecute the case for the United States.
Las Vegas Man Sentenced to 27 Years in Prison for Drug TraffickingRead the Press Release
Abingdon, VIRGINIA – A Las Vegas man, who trafficked methamphetamine and oxycodone from Nevada to Virginia and laundered the proceeds, was sentenced last week in U.S. District Court in Abingdon to 324 months in prison, United States Attorney Thomas T. Cullen announced.
Richard Henry Kayian, 57, was found guilty by a jury in November 2017 of one count of conspiracy to distribute 500 grams of methamphetamine and oxycodone, and one count of money laundering. In addition, Kayian was ordered to pay a forfeiture money judgment in the amount of $743,441.
The investigation leading to Kayian’s conviction was conducted by the Bureau of Alcohol, Tobacco, Firearms, and Explosives, the Drug Enforcement Administration, the Internal Revenue Service-Criminal Investigations, and state and local law enforcement in Southwest Virginia and Las Vegas, Nevada. This collaborative law enforcement effort resulted in 31 defendants entering guilty pleas or being found guilty of crimes related to the distribution of methamphetamine and opioids in Nevada, Virginia and Kentucky.
According to evidence presented at Kayian’s trial and other hearings by Assistant United States Attorney Zachary T. Lee, law enforcement agencies in Virginia and Nevada charged 32 individuals in late 2016 with conspiring to distribute methamphetamine, oxycodone, and buprenorphine and money laundering. Evidence demonstrated that Kayian was responsible for recruiting distributors for the drug trafficking organization and sending large quantities of methamphetamine and oxycodone via UPS and Federal Express to numerous locations in Abingdon, Virginia and Glade Spring, Virginia. These drugs, along with buprenorphine, were then distributed throughout the Southwest Virginia and in Eastern Kentucky by members of the drug trafficking organization. Additionally, evidence gained from the investigation demonstrated that more than $1,000,000 in proceeds from the drug sales in the Abingdon area were sent via wire transfers and bank deposits to Kayian and others in Las Vegas.
Operation Leaving Las Vegas has resulted in the following sentences:
- Tracey Allen Callihan, 49, of 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, of 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, of 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, of 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, of 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, of 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, of Abingdon, Virginia – 108 months imprisonment for one count of conspiracy to distribute methamphetamine.
- Heather Michelle Sullins, 27, of Abingdon, Virginia – 30 months imprisonment for one count of conspiracy to distribute methamphetamine, oxycodone and buprenorphine.
- Alex Michael Kayian, 23, of 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, of Abingdon, Virginia - 37 months imprisonment for one count of conspiracy to distribute methamphetamine.
- John Dewayne Farmer, 32, of Abingdon, Virginia - 240 months imprisonment for one count of conspiracy to distribute methamphetamine and one count of money laundering.
- Lola Virginia Farmer, 52, of Abingdon, Virginia - 87 months imprisonment for one count of conspiracy to distribute methamphetamine.
- Shauna Nicole Chafin, 36, of 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, of Abingdon, Virginia - 79 months imprisonment for one count of conspiracy to distribute methamphetamine.
- Jeffrey Nathaniel Gobble, 25, of Abingdon, Virginia - 46 months imprisonment for one count of conspiracy to distribute methamphetamine.
- Preston Kyle Lawson, 21, of Abingdon, Virginia - 46 months imprisonment for one count of conspiracy to distribute methamphetamine.
- Gary Chapman, 47, of Clay City, Kentucky - 151 months imprisonment for one count of conspiracy to distribute 500 grams or more of methamphetamine.
- Daniel Corey Cantrell, 25, of Abingdon, Virginia - 37 months imprisonment for one count of conspiracy to distribute methamphetamine.
- Tanner Morris Curd, 23, of Meadowview, Virginia - 84 months imprisonment for one count of conspiracy to distribute methamphetamine.
- Amy Lorene Moser, 52, of Abingdon, Virginia -100 months imprisonment for one count of conspiracy to distribute methamphetamine.
- Steven Salyer, 27, of Abingdon, Virginia - 87 months imprisonment for one count of conspiracy to distribute methamphetamine.
- Brandon Cody Trivett, 23, of Abingdon, Virginia - 30 months imprisonment for one count of conspiracy to distribute methamphetamine.
- Brian Edward Widener, 30, of Abingdon, Virginia – 46 months imprisonment for one count of conspiracy to distribute methamphetamine.
- Justin Lowe, 24, of Abingdon, Virginia – 41 months imprisonment for one count of conspiracy to distribute methamphetamine.
- Lamar Skipper, 27, of Chilhowie, Virginia - four years probation for one count of conspiracy to distribute oxycodone and one count of money laundering
- Gary Brandon Childress, 25, of Abingdon, Virginia - three years probation. for one count of conspiracy to distribute oxycodone.
- Austin Obranovic Boardwine, 24, of Abingdon, Virginia - four years probation for one count of conspiracy to distribute oxycodone and buprenorphine.
- Caleb Dean, 28, of Damascus, Virginia – 48 months imprisonment for one count of conspiracy to distribute methamphetamine and oxycodone.
- Charlene Hale, 25, of 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, Las Vegas Metropolitan Police Department, Virginia State Police, Washington County, Virginia Sheriff’s Office, Abingdon Police Department, Marion Police Department, and Smyth County, Virginia Sheriff’s Office. Assistant United States Attorney Zachary T. Lee is prosecuting the case for the United States.
Sex Offender Who Lived in Nine States over Three Years Sentenced to Federal Prison TimeRead the Press Release
Abingdon, VIRGINIA – A Raven, Virginia man, who was previously convicted of criminal sexual misconduct in Michigan and therefore subject to the requirements of the Sex Offender Registration and Notification Act [SORNA], was sentenced last week for failing to register as a previously convicted sex offender when he moved to Virginia. United States Attorney Thomas T. Cullen and Virginia Attorney General Mark Herring made the announcement.
Nelson Jose Gonzalez, 50, a.k.a. “Gerald Perez” was sentenced last week to 21 months of federal incarceration. Gonzalez previously pleaded guilty to one count of failing to register as a previously convicted sex offender and one count of fraudulently using a social security number belonging to another person.
“As this case indicates, our office will aggressively prosecute individuals who violate the Sex Offender Registration Act,” U.S. Attorney Cullen stated. “We are grateful to our partners at the United States Marshals Service for their commitment to this critical public-safety initiative.”
According to information presented at previous hearings by Special Assistant United States Attorney and Virginia Assistant Attorney General Suzanne Kerney-Quillen, Gonzalez was convicted of third-degree criminal sexual conduct while living in Michigan in 1993 and served 15 years in prison. Gonzalez registered as a sex offender in Michigan every three months from the time of his release from prison until sometime in 2012 or 2013.
Gonzalez admitted to purchasing identification documents in 2013, including a social security number of another person for $50 in order to avoid detection by law enforcement and the registration requirements of SORNA. The defendant admitted he left Michigan to pursue work with a traveling carnival and worked in Pennsylvania, Virginia, Maryland, Vermont, Connecticut, New Jersey, Florida and North Carolina without ever registering as a convicted sex offender in those states as a required by SORNA, despite knowing of his responsibility to do so.
After receiving information that Gonzalez was living and working in Raven, Virginia and had failed to register as a sex offender, the United States Marshals Service began an investigation in January 2018. During the course of that investigation, U.S. Marshal’s Service investigators discovered that Gonzalez was working at a local McDonald’s and using the name “Gerald Perez” to avoid detection by law enforcement.
The investigation of the case was conducted by the United States Marshals Service. Suzanne Kerney-Quillen, an Assistant Attorney General assigned to the Major Crimes Section of the Virginia Attorney General’s Office and cross designated as a Special Assistant United States Attorney, prosecuted the case for the United States.
National Health Care Fraud Takedown Results in Charges Against 590 Individuals Responsible for $2+ Billion in Fraud LosesRead the Press Release
Roanoke, VIRGINIA – Attorney General Jeff Sessions and Department of Health and Human Services (HHS) Secretary Alex M. Azar III, announced yesterday the largest ever health care fraud enforcement action by the Medicare Fraud Strike Force, involving 590+ charged defendants across 56 federal districts, including 150+ doctors, nurses and other licensed medical professionals, for their alleged participation in health care fraud schemes involving approximately $2 billion in false billings. Of those charged, over 150 defendants, including doctors, were charged for their roles in prescribing and distributing opioids and other dangerous narcotics. Twenty-nine state Medicaid Fraud Control Units also participated in today’s arrests.
Yesterday’s enforcement actions were led and coordinated by the Criminal Division, Fraud Section’s Health Care Fraud Unit in conjunction with its Medicare Fraud Strike Force (MFSF) partners, a partnership between the Criminal Division, U.S. Attorney’s Offices, the FBI and HHS-OIG. In addition, the operation includes the participation of the DEA, DCIS, IRS-CI, Department of Labor, other various federal law enforcement agencies, and State Medicaid Fraud Control Units.
According to court documents, the defendants allegedly participated in schemes to submit claims to Medicare, Medicaid, TRICARE, and private insurance companies for treatments that were medically unnecessary and often never provided. In many cases, patient recruiters, beneficiaries and other co-conspirators were allegedly paid cash kickbacks in return for supplying beneficiary information to providers, so that the providers could then submit fraudulent bills to Medicare for services that were medically unnecessary or never performed. Collectively, the doctors, nurses, licensed medical professionals, health care company owners and others charged are accused of submitting a total of over $2 billion in fraudulent billings. The number of medical professionals charged is particularly significant, because virtually every health care fraud scheme requires a corrupt medical professional to be involved in order for Medicare or Medicaid to pay the fraudulent claims. Aggressively pursuing corrupt medical professionals not only has a deterrent effect on other medical professionals, but also ensures that their licenses can no longer be used to bilk the system.
In the Western District of Virginia, two indictments returned this week were included in the nationwide takedown. In both cases, the United States Attorney’s Office collaborated with the Department of Health and Human Services-Office of the Inspector General and the Virginia Office of the Attorney General’s Medicaid Fraud Control Unit.
In a 73-count indictment returned earlier this week and announced yesterday, East Mental Health, LLC, Christopher Dean East, Joann Kathleen Patterson, Alfred Lloyd Robrecht, William Barclay Allison and Ryan Thomas Greene were charged with conspiracy to commit health care fraud, and other related charges.
According to the indictment, the defendants operated East Mental Health, also known as East Wellness Center, located in Roanoke. The defendants allegedly conspired to fraudulently obtain $45 million from Medicaid over a ten-year period by falsifying mental health progress notes and billing Medicaid based on those false notes for services that were not rendered as described and allowed. East Mental Health, a facility that provided support to individuals with mental illnesses, abruptly closed their facility in October 2017 after becoming the target of a federal whistleblower lawsuit that was filed in 2013.
In a separate 17-count indictment returned this week, Vickie Phanelson Adams and Latoya Litchel Preston were charged with health care fraud. According to the indictment, Adams owned and operated MPowering Kids, a therapeutic day treatment center for children and adolescents and Golden Touch Home Health Care, a home based personal care service facilitation company assisting elderly and disabled adults. The indictment alleges that Adams and Preston falsified multiple Weekly Progress Notes for mental health services that were never provided and Adams falsified Golden Touch Home Assessments notes for services which were never provided.
A complaint, information, or indictment is merely an allegation, and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
Ohio Man Charged with Federal Hate Crimes Related to August 2017 Rally in CharlottesvilleRead the Press Release
Charlottesville, VIRGINIA – A federal grand jury sitting in the U.S. District Court for the Western District of Virginia in Charlottesville today charged an Ohio man with federal hate crimes, including a hate crime act that resulted in the death of Heather Heyer, for his actions during the Aug. 12, 2017 “Unite the Right Rally” in Charlottesville. Attorney General Jeff Sessions, FBI Director Christopher Wray, Acting Assistant Attorney General John Gore of the Civil Rights Division, United States Attorney Thomas T. Cullen of the Western District of Virginia, and Special Agent in Charge of the FBI’s Richmond Division Adam S. Lee, made the announcement.
James Alex Fields Jr., 21, of Maumee, Ohio, was charged in an indictment returned earlier today with:
- one count of a hate crime act resulting in the death of Heather Heyer (18 U.S.C. § 249);
- 28 counts of hate crime acts causing bodily injury and involving an attempt to kill (18 U.S.C. § 249); and
- one count of racially motivated violent interference with a federally protected activity (18 U.S.C. § 245(b)(2)), resulting in the death of Heather Heyer, for driving his car into a crowd of protestors on a downtown street in Charlottesville, Virginia.
“At the Department of Justice, we remain resolute that hateful ideologies will not have the last word and that their adherents will not get away with violent crimes against those they target,” Attorney General Jeff Sessions said. “Last summer’s violence in Charlottesville cut short a promising young life and shocked the nation. Today’s indictment should send a clear message to every would-be criminal in America that we aggressively prosecute violent crimes of hate that threaten the core principles of our nation. I want to thank the FBI as well as our fabulous prosecutors Stephen Curran, Christopher Kavanaugh, and Rachel Kincaid for their hard work on this case.”
“As this case indicates, our office will aggressively prosecute hate crimes and other civil-rights offenses committed because of the actual or perceived race, color, religion, or national origin of any individual or group,” U.S. Attorney Thomas T. Cullen stated. “We are grateful to the FBI and our state and local law-enforcement colleagues who conducted the parallel federal and state investigations in a cooperative fashion, enabling us to vindicate this critical federal interest.”
"Hatred and violence have no place in our communities," said FBI Director Christopher Wray. “The investigation of hate crimes is a top priority of the FBI, and we will continue to work with our partners to ensure those who perpetrate such despicable acts are held accountable.”
“The events of Aug. 12, 2017, in Charlottesville are a grim reminder of why the FBI prioritizes its investigations of civil rights violations among the top of its criminal programs. I hope today will also be a reminder to those who are motivated by hate and intent on committing violence; we are going to be there, just as we were in this case,” said FBI Special Agent in Charge Adam S. Lee of the Richmond Division, who also oversees the office in Charlottesville. “I want to thank the Civil Rights Division and the United States Attorney’s Office for their outstanding partnership, my team of FBI agents and analysts who worked tirelessly to put the case together, and the business owners and residents of Charlottesville who worked with us and provided a massive volume of evidence in this case.”
According to the indictment, on or before Aug. 8, 2017, Fields decided to attend the Unite the Right Rally in Charlottesville, Virginia. The Unite the Right rally was scheduled to occur on Aug. 12, 2017, at Emancipation Park and was widely publicized on social media and internet sites associated with white supremacist individuals and groups.
On the morning of Aug. 12, 2017, Fields arrived in and around the vicinity of Emancipation Park in Charlottesville. Multiple groups and individuals, including Fields, engaged in chants promoting or expressing white supremacist and other racist and anti-Semitic views. After an “unlawful assembly” was declared, rally participants, including Fields, dispersed the area. Fields returned to his vehicle and soon after drove to the vicinity of the intersection of Fourth and East Market streets in downtown Charlottesville.
As alleged in the indictment, Fields drove his car onto Fourth Street, a narrow, downhill, one-way street in downtown Charlottesville. At around the same time, a racially and ethnically diverse crowd of individuals was gathered at the bottom of the hill, at the intersection of Fourth and East Water streets. The indictment alleges that Fields slowly proceeded in his vehicle toward the crowd, stopped, and then observed the crowd while idling in his vehicle. Many of the individuals in the crowd were chanting and carrying signs promoting equality and protesting against racial and other forms of discrimination. With no vehicle behind him, Fields slowly reversed his vehicle to the top of the hill near the intersection of Fourth and Market streets. Fields then rapidly accelerated, ran through a stop sign and across a raised pedestrian mall, and drove directly into the crowd, striking numerous individuals, killing Heather Heyer, and injuring many others. Fields’s vehicle stopped only when it struck another vehicle near the intersection of Fourth and Water streets. He then rapidly reversed his vehicle and fled the scene.
The investigation of the case was conducted by the Federal Bureau of Investigation. United States Attorney Thomas T. Cullen, Assistant United States Attorney Christopher Kavanaugh and Stephen Curran and Rachel Kincaid, trial attorneys with the Civil Rights Division of the Department of Justice, are prosecuting the case for the United States.
An indictment is a formal accusation of criminal conduct, not evidence of guilt. The defendant is presumed innocent unless proven guilty.