Western District of Virginia
Press releases recorded for this federal judicial district.
Pair of Federal Inmates Sentenced for Possessing Prohibited ObjectsRead the Press Release
Abingdon, VIRGINIA – In separate hearings today, two inmates at United States Penitentiary at Lee County, Virginia in Jonesville received additional prison time for possessing prohibited objects inside the prison, Acting United States Attorney Rick A. Mountcastle announced.
Stanley Curtis Gillom, 31, previously pled guilty to one count of being an inmate of a federal prison in possession of a prohibited object, specifically marijuana. Today he was sentenced to 36 months of additional prison time.
In a separate hearing, Victor Lebron, 40, who previously pled guilty to being an inmate of a federal prison in possession of a prohibited object, specifically Suboxone film, was sentence to an additional 36 months of prison time.
The investigation of the case was conducted by the United States Bureau of Prisons and the Bristol office of the Federal Bureau of Investigations. Assistant United States Attorney Randy Ramseyer prosecuted the case for the United States.
North Carolina Man Sentenced for Role in Bank Fraud, ID Theft ConspiracyRead the Press Release
Lynchburg, VIRGINIA – A North Carolina man, who conspired with others to make money by cashing checks that had been stolen and altered, was sentenced today in the United States District Court for the Western District of Virginia in Lynchburg, Acting United States Attorney Rick A. Mountcastle announced.
Donald Hicklin, 39, of Charlotte, N.C., previously pled guilty to one count of conspiracy to commit bank fraud and two counts of aggravated identify theft. Today in District Court, Hicklin was sentenced to a term of imprisonment of 98 months. In January 2016, Charlotte resident Mario Clinton was sentenced to 85 months in federal prison for his involvement in the same conspiracy.
According to evidence presented at previous hearings by Assistant United States Attorney Laura Day Rottenborn and Special Assistant United States Attorney Kari Munro, Hicklin and Clinton stole checks from corporate mailboxes located in and around business districts and then altered them to reflect a new payee name and dollar amount. They recruited individuals off the street, who were frequently women, to cash the fraudulent checks at issuing banks. They operated primarily in Virginia and North Carolina but made criminal sweeps on a regular basis through locations as far away as Pennsylvania, Missouri and Tennessee.
Investigation of the case was conducted by the United States Postal Inspection Service, the Franklin County Sheriff’s Office, the Bedford County Sheriff’s Office and the Mount Holly, North Carolina Police Department. Assistant United States Attorney Laura Day Rottenborn and Special Assistant United States Attorney Kari Munro prosecuted the case for the United States.
North Carolina Man Sentenced for Role in Bank Fraud, ID Theft ConspiracyRead the Press Release
Lynchburg, VIRGINIA – A North Carolina man, who conspired with others to make money by cashing checks that had been stolen and altered, was sentenced today in the United States District Court for the Western District of Virginia in Lynchburg, Acting United States Attorney Rick A. Mountcastle announced.
Donald Hicklin, 39, of Charlotte, N.C., previously pled guilty to one count of conspiracy to commit bank fraud and two counts of aggravated identify theft. Today in District Court, Hicklin was sentenced to a term of imprisonment of 98 months. In January 2016, Charlotte resident Mario Clinton was sentenced to 85 months in federal prison for his involvement in the same conspiracy.
According to evidence presented at previous hearings by Assistant United States Attorney Laura Day Rottenborn and Special Assistant United States Attorney Kari Munro, Hicklin and Clinton stole checks from corporate mailboxes located in and around business districts and then altered them to reflect a new payee name and dollar amount. They recruited individuals off the street, who were frequently women, to cash the fraudulent checks at issuing banks. They operated primarily in Virginia and North Carolina but made criminal sweeps on a regular basis through locations as far away as Pennsylvania, Missouri and Tennessee.
Investigation of the case was conducted by the United States Postal Inspection Service, the Franklin County Sheriff’s Office, the Bedford County Sheriff’s Office and the Mount Holly, North Carolina Police Department. Assistant United States Attorney Laura Day Rottenborn and Special Assistant United States Attorney Kari Munro prosecuted the case for the United States.
National Crime Victims’ Rights Week Event Set for April 2 in CharlottesvilleRead the Press Release
Charlottesville, VIRGINIA – The Jefferson Area Victim Assistance Coalition will host a Community Day on Sunday, April 2 from 1 to 4 p.m. at the Sprint Pavilion on the downtown mall in Charlottesville to commemorate National Crime Victims’ Rights Week (April 2-8).
“Every day in courtrooms throughout the United States victims of crime show great courage and strength by participating in our judicial system,” Acting United States Attorney Rick A. Mountcastle said today. “Their strength and resilience, as well as the dedication of the men and women in the victim advocacy community, who work with them, inspire prosecutors and law enforcement to seek justice for all victims. I am proud to honor victims and those who serve them. National Crime Victims’ Rights Week is dedicated to promoting victims’ rights and to recognizing the struggles and endurance of crime victims. Strength, Resilience, and Justice.”
The Community Day, which is free and open to the public, has been planned as a family friendly, interactive event with demonstrations and information available from dozens of local agencies. There will be plenty for kids to see and do, including police motorcycles, fire trucks, police cars, and demonstrations by local K9 Officers and therapy dogs. Many of the local agencies will have plenty of giveaways for the kids.
In addition, there will information available for parents, including DNA and fingerprinting kits available, anti-drug information, tips on home safeguarding, self-defense and how to avoid falling victim to scams.
The Jefferson Area Victim Assistance Coalition consists of members form the Albemarle Co. Victim/Witness Program, Charlottesville Victim/Witness Program, Fluvanna County Victim/Witness Program, Greene County Victim/Witness Program, Homeland Security Victim Assistance Program, Louisa County Victim/Witness Program, Sexual Assault Resource Agency, University of Virginia Victim/Witness Program, the Federal Bureau of Investigation Victim Assistance Program, the Shelter for Help in Emergency and the United States Attorney’s Office Victim/Witness Program.
Local Agencies participating in Sunday’s event include: the Jefferson Area Victim Assistance Coalition, Foothills Child Advocacy Center, Greene County Victim/Witness Program, Albemarle County Victim/Witness Program, Louisa County Victim/Witness Program, Charlottesville Victim/Witness Program, Shelter for Help in Emergency, the United States Attorney’s Office for the Western District of Virginia, Sexual Assault Resource Agency, UVA Police Department, Derby Dames, Albemarle DSS, CASA, Central Virginia Legal Aid Society, Women’s Initiative, Albemarle County Commonwealth’s Attorney, Albemarle County Police Department, Greene County Care Center, NGIC Sexual Assault Advocate/SART, WCHV 107.5 Radio, OAG Victim Services, Charlottesville Police Department, Louisa County Sheriff’s Office, Charlottesville Fire Department, DEA, Domestic Violence Project of the University of Virginia School of Law and the Virginia Parole Board/DOC Victim Services.
Mexican Citizen Sentenced for Illegal ReentryRead the Press Release
Roanoke, VIRGINIA – A citizen of Mexico, who had been removed from the United States multiple times in recent years, was sentenced today in the United States District Court for the Western District of Virginia in Roanoke on Federal immigration charges, Acting United States Attorney Rick A. Mountcastle announced.
Martin Alvarez-Torres, 38, a citizen of Mexico, previously pled guilty to one count of illegally reentering the United States after being previously deported without having obtained the express consent of the Attorney General of the United States and the Secretary of the Department of Homeland Security to apply for admission into the United States. Today in District Court, Alvarez-Torres was sentenced to a term of imprisonment of thirty 30 months.
According to evidence presented at previous hearings by Assistant United States Attorney C. Patrick Hogeboom III and Special Assistant United States Attorney Kari Munro Alvarez-Torres had been removed from the United States on six prior occasions, most recently on April 17, 2014. The defendant was indicted in 2014 and remained at-large until his arrest in Roanoke, Virginia in June 2016.
Investigation of the case was conducted by the Department of Homeland Security, Immigration and Customs Enforcement. Assistant United States Attorney C. Patrick Hogeboom III and Special Assistant United States Attorney Kari Munro prosecuted the case for the United States.
Owners of Property on Which Big Blue Sportsmen’s Club Operated Plead Guilty to Conspiracy ChargesRead the Press Release
Abingdon, VIRGINIA – The 10,000 square-foot facility known as the Big Blue Sportsman’s Club in McDowell, Kentucky, which has hosted cockfights for more than 20 years, will be razed following the guilty pleas of the property’s two owners, Acting United States Attorney Rick A. Mountcastle and Virginia Attorney General Mark Herring announced.
Today in the United States District Court for the Western District of Virginia in Abingdon, Shirley Ray Slone, 73, and Vernon Kelly Slone, 69, both of McDowell, Kentucky, each pled guilty to one count of conspiracy to cause others to attend a cockfight. In addition, the pair forfeited $100,000 and agreed to pay for the complete destruction of the 10,000 square-foot facility known as the Big Blue Sportsman’s Club.
“For more than 20 years, the Big Blue Sportsman’s Club facilitated illegal cockfights, illegal gambling, and decades of cruel and inhuman animal abuse,” Acting United States Attorney Rick A. Mountcastle said today. “Today’s convictions and the agreement to destroy the Big Blue facility put an end to the long-term criminal activity that took place on this property. I am grateful to the various law enforcement agencies who investigated this conspiracy.”
“Today’s announcement is another real success out of our Animal Law Unit, which is doing important work to enforce our laws on animal welfare and animal fighting,” said Attorney General Herring. “These laws not only protect animals themselves, but they also ensure the safety and strength of our communities, since animal fighting is often associated with other crimes like illegal drugs and alcohol, illegal gambling, and even things like domestic abuse, assaults, and illegal weapons. I’m proud of our office’s unrelenting work to hold those involved in Big Blue accountable and we will continue to send a strong message that these types of enterprises will not be tolerated.”
According to evidence presented at previous hearings, Shirley and Vernon Slone owned the property in McDowell, Kentucky that housed the Big Blue Sportsman’s Club, a 5,000-member club that hosted cockfights for more than 20 years. The facility, a 10,000 square-foot building that featured arena-style seating, multiple fighting pits and a restaurant, was the site of a law enforcement raid in 2014. Federal charges relating to cockfighting, gambling and narcotics arose out of the investigation.
To date, nine individuals have been convicted for their roles in the cockfighting conspiracy run out of the Big Blue facility. Most recently, Russell D. Peaks, who raised fighting birds in Wise County, Virginia, and brought them to Big Blue to fight, was sentenced to 24 months in federal prison for allowing a minor to attend a cock fight, distribution of hydrocodone and conspiracy to facilitate cockfighting. Jimmy Crate Willis has pled guilty to conspiracy to sponsor an animal in a cockfight and will be sentenced on May 15, 2017.
In 2014, Walter Stumbo was sentenced to 18 months for his role in the Big Blue conspiracy, Joshua Stumbo and Sonya Stumbo were each sentenced to 10 months in federal prison for their roles in the conspiracy. Jonathan Robinson was sentenced to 12 months and one-day in federal prison and Wesley Robinson was sentenced to 6 months in prison.
In addition to forfeiting $100,000 and paying for the destruction of Big Blue, the Slones each face up to one year in prison and a fine of up to $100,000. They are scheduled to be sentenced on June 8, 2017 at 2:30 p.m. in U.S. District Court in Abingdon.
Assistant United States Attorney Randy Ramseyer and Special Assistant United States Attorney/Virginia Assistant Attorney General Michelle Welch are prosecuting these cases on behalf of the United States. The case is being investigated by the United States Department of Agriculture – Office of Inspector General, the Virginia Alcohol Beverage Control Bureau of Law Enforcement, and the Spotsylvania County Sheriff’s Office. In addition, the following agencies assisted in the arrests or related proceedings: Virginia Animal Fighting Task Force; Virginia State Police Tactical Team; Southwest Virginia Regional Task Force; Botetourt County Commonwealth’s Attorney’s Office; Wise County, Virginia, Sheriff’s Office and Commonwealth’s Attorney’s Office; Virginia State Veterinarian’s Office; United States Homeland Security Investigations; Kentucky State Police; the United States Attorney’s Office for the Eastern District of Kentucky; and the American Society for the Prevention of Cruelty to Animals.
Virginia Man Sentenced to 108 Months in Federal Prison on Child Pornography, Firearms ChargesRead the Press Release
Abingdon, VIRGINIA – A Virginia man, who previously pled guilty to federal charges related to his admitted viewing of depictions of child pornography and the possession of an illegal firearm, was sentenced today in the United States District Court for the Western District of Virginia in Abingdon.
Tony Michael Spencer, 42, of Raven, Virginia, previously pled guilty to one count of receiving depictions of a minor engaged in sexually explicit conduct and one count of possessing a short-barreled shotgun. Today in District Court, Spencer was sentenced to 108 months in federal prison and 15 years of supervised release thereafter.
According to evidence presented at previous hearings by Assistant United States Attorney Zachary T. Lee, after obtaining information that Spencer was part of a group of individuals utilizing a website on the internet to distribute child pornography, the Federal Bureau of Investigation executed a search warrant on Spencer’s residence on August 6, 2015. At the time of the search warrant, Spencer admitted to viewing child pornography on the website and FBI agents located an unregistered sawed-off shotgun in the residence.
To date, the FBI’s examination of Spencer’s computers seized at the time of the search has located more than 300,000 images of child pornography.
The investigation of the case was conducted by Federal Bureau of Investigation. Assistant United States Attorney Zachary T. Lee prosecuted the case for the United States.
Mexican Citizen Pleads Guilty to Immigration ChargeRead the Press Release
Lynchburg, VIRGINIA – A citizen of Mexico, who on four occasions was removed from the United States only to return later without lawful permission, pled guilty this afternoon to a federal immigration charge, Acting United States Attorney Rick A. Mountcastle announced.
Adolfo Castaneda-Garcia, 45, a native of Mexico, pled guilty today in the United States District Court for the Western District of Virginia in Lynchburg to one count of illegally reentering the United States without obtaining express consent of the Secretary of the Department of Homeland Security to reapply for admission.
According to evidence presented at today’s guilty plea hearing by Assistant United States Attorney Charlene R. Day, Castaneda-Garcia was first encountered by Immigrations officials at or near Denver, Colorado in February 1996 while serving a state prison sentence for possession of a controlled substance. The defendant was sentenced to four years in prison for this conviction and later removed to Mexico. Over the next decade, Castaneda-Garcia was arrested, incarcerated, removed from the United States and encountered by Border Patrol officers at least four times in Arizona, California and Texas.
On June 17. 2016, officials with the Rockbridge Regional Jail in Lexington, Va., contacted officials with Immigrations and Customs and Enforcement officers and informed them that Castaneda-Garcia was arrested in Buena-Vista on state drug charges.
U.S. Department of Homeland Security, ICE- Enforcement and Removal Services conducted the investigation of the case. Assistant United States Attorney Charlene R. Day prosecuted the case for the United States.
Final Defendant in Tax Scheme Sentenced in Federal CourtRead the Press Release
Lynchburg, VIRGINIA – A Lynchburg-based tax preparer, who along with two of his employees were preparing false tax returns in order to claim fictitious Earned Income Tax Credits, was sentenced today in the United States District Court for the Western District of Virginia in Lynchburg, Acting United States Attorney Rick A. Mountcastle announced.
Jackie G. Woodson Jr., of Lynchburg, previously pled guilty to one count of conspiracy to commit false claims. Today in District Court, Woodson was sentenced to 18 months in federal prison. Terry R. Rose was previously sentenced to 18 month in federal prison for her role in the conspiracy and Stella Hester-Jenkins was sentenced to 3 years’ probation.
According to evidence presented to the court during previous hearings by Assistant United States Attorneys C. Patrick Hogeboom III and Charlene R. Day, Woodson owned a Colbert/Ball Tax Service franchise in Lynchburg, Va., Rose and Hester-Jenkins were employed by Woodson as tax preparers.
Following an investigating by the Internal Revenue Service, it was determined that Woodson, Rose and Hester-Jenkins, were preparing and filing tax returns, which reported fictitious Schedule C income, which resulted in increased Earned Income Tax Credits and refunds. The conspirators often took these actions by claiming Schedule C income through babysitting or childcare income where none actually existed or by greatly exaggerating the amount of income being earned through these activities.
The Internal Revenue Service conducted the investigation of the case. Assistant United States Attorney C. Patrick Hogeboom III and Charlene R. Day prosecuted the case for the United States.
District Court Enters Permanent Injunction Against Virginia Company and Employees to Prevent Distribution of Adulterated Milk Powder ProductsRead the Press Release
The U.S. District Court for the Western District of Virginia entered a consent decree of condemnation and permanent injunction against Valley Milk Products LLC, Michael W. Curtis, Robert D. Schroeder, and Jennifer J. Funkhouser (defendants), the Department of Justice announced today. The consent decree also orders the condemnation of certain seized milk powder products and prevents the further distribution of adulterated milk powder products.
The Department filed a seizure action in the Western District of Virginia on Nov. 18, 2016, at the request of the U.S. Food and Drug Administration (FDA). The November complaint alleged that certain milk powder products of the defendants were manufactured under insanitary conditions whereby they may have become contaminated with filth, and/or whereby they may have been rendered injurious to health. That complaint sought to seize and condemn certain adulterated milk powder products at Valley Milk Products’ Strasburg, Virginia facility.
Yesterday’s filing resolves that seizure action and prohibits further use of the seized product unless specifically approved by the FDA, and additionally permanently enjoins the defendants from manufacturing milk powder products at their facility, absent compliance with certain specified remedial provisions.
“The Food, Drug, and Cosmetic Act is designed to bolster public confidence in food safety by protecting consumers from unsafe food, including food produced under visibly insanitary conditions,” said Acting Assistant Attorney General Chad A. Readler of the Justice Department’s Civil Division. “The Department of Justice will continue to work cooperatively with the FDA to ensure that food facilities employ proper precautions, so that our food is safe for consumption.”
Valley Milk Products LLC is a manufacturer of Grade A and non-Grade A milk products including, but not limited to milk powder products, condensed milk products, and butter. The permanent injunction also named Valley Milks’ General Manager Michael W. Curtis, Plant Manager Robert D. Schroeder, and Quality Control Compliance Officer Jennifer J. Funkhouser.
As alleged in the complaint, during a 2016 inspection of Valley Milk, FDA confirmed the presence of Salmonella meleagridis in the Strasburg facility. Salmonella strains were nearly identical to Salmonella strains found at the firm in 2010, 2011, and 2013. In addition, the complaint alleged that Salmonella meleagridis was also present in the firm’s undistributed finished product samples. The complaint also alleges that, in addition to the presence of Salmonella, the defendants’ milk processing facility had insanitary conditions, including dripping brown fluids and old product residue within the processing equipment. The complaint alleges that this evidence demonstrates that the firm’s sanitation practices were inadequate to control or eliminate Salmonella meleagridis in their processing environment.
The seized milk powder products have been condemned and forfeited to the United States. Under the provisions of the consent decree entered by the Court, Valley Milk may attempt to bring the condemned products into compliance with the Federal Food, Drug, and Cosmetic Act under the supervision of the FDA. Valley Milk is prohibited from disposing of any part of the condemned food until FDA determines that the food has been safely reconditioned. If the food cannot be reconditioned, it will be destroyed by a method approved by FDA.
The defendants have also agreed to be bound by a permanent injunction that prohibits them from resuming the manufacture of milk powder products at the Strasburg facility without implementing effective corrective action. If the defendants wish to resume manufacturing milk powder products at their Strasburg facility, the defendants must notify FDA in advance, and comply with certain remedial provisions set forth in the Decree. Among other things, the remedial provisions require that the defendants establish and implement a written sanitation control program, which shall set out the details for sanitation control over the manufacturing and storage processes for the facilities used to receive, manufacture, prepare, pack, hold, or distribute milk powder products, and all food handling and storage equipment therein. This action does not affect Valley Milk’s liquid milk products.
The government is represented by Trial Attorney Mary M. Englehart of the Civil Division’s Consumer Protection Branch and Assistant U.S. Attorney Joseph W.H. Mott of the U.S. Attorney’s Office for the Western District of Virginia, with the assistance of Associate Chief Counsel for Litigation Barbara J. Alkalay of the FDA, Office of General Counsel, Department of Health and Human Services.
Additional information about the Consumer Protection Branch and its enforcement efforts may be found at http://www.justice.gov/civil/consumer-protection-branch. For more information about the U.S. Attorney’s Office for Western District of Virginia, visit its website at https://www.justice.gov/usao-wdva.
Vice-President of SK Labs Found Guilty of Conspiracy, Mail Fraud ChargesRead the Press Release
Abingdon, VIRGINIA – An Irvine, California, man was found guilty Friday afternoon following a five-day jury trial on conspiracy and mail fraud charges in relation to his role in a conspiracy to defraud the United States Food and Drug Administration, Acting United States Attorney Rick A. Mountcastle announced.
After one and one-half hours, a federal jury sitting in the United States District Court for the Western District of Virginia in Abingdon found Sitesh Bansi Patel, 33, of Irvine, California guilty of one count of conspiracy to defraud the FDA, one count of conspiracy to commit mail fraud and three counts of mail fraud. At sentencing, Patel faces up to 85 years in prison, a fine of up to $1.25 million and the potential forfeiture of assets acquired through criminal behavior.
In a separate hearing Friday, a co-conspirator in the matter, Guillermo “Willy” Ramos, 41, of Oceanside, California, was sentenced to two years’ probation for his role in the conspiracy. Steven Donald Wood, 38, of Danville, Virginia, was previously sentenced to probation for a term of one year and ordered to forfeit $1.5 million, which was paid prior to Wood pleading guilty. Wood was also ordered to pay a $10,000 fine.
According to evidence presented during last week’s trial, Patel was the vice president of SK Labs, a California-based supplement manufacturer. Patel has a Pharm.D degree. In 2008 and 2009, Patel used SK Labs to produce H-Drol and M-Drol for Steve Wood’s company Competitive Edge Labs. The products labeled M-Drol and H-Drol contained prohormones. The products were misbranded because the labels identified them as “dietary supplements” when, in fact, they were drugs. The active ingredients in H-Drol and M-Drol are now classified by the DEA as anabolic steroids. In 2009, when it became widely known in the supplement industry that these types of products were being actively investigated by the FDA, SK Labs quit producing H-Drol and M-Drol. However, beginning in December 2010, Patel arranged for Steve Wood, who was a significant customer of SK Labs, to meet Willy Ramos, of Oceanside, California, via email so that Ramos could begin producing H-Drol and M-Drol for Steve Wood. Patel received, at his home, the first shipments of the raw powders, labels, and payment from Wood. On more than one occasion, Patel transported those items to a shopping mall parking lot where he delivered them to Ramos. Ramos encapsulated, bottled, and labeled the H-Drol and M-Drol on several occasions. Patel arranged for the first shipment of finished product to be sent to Wood in the Danville, Virginia, area. Patel was paid by Ramos and Wood for his role. Wood testified he sent Patel $8,000 to $10,000 in cash on at least two occasions. The cash was sent in supplement bottles. Ramos testified that he paid Patel $7,500 in cash. Ramos quit producing the products when Steve Wood was arrested on September 14, 2011, in the Danville, Virginia, area.
Wood obtained his raw powder from Xinli “Eric” Li, a Chinese national, who pleaded guilty in federal court in Abingdon on December 4, 2015. Li forfeited $1.6 million and served five months in prison prior to being deported to China.
M-Drol listed its single active ingredient as 2a, 17a di methyl etiocholan 3-one, 17b-ol, a chemical nomenclature for methasterone, also known as “Superdrol.” The FDA has identified methasterone as a “designer steroid” or “designer drug”, a structural or functional analog of a controlled substance designed to mimic the pharmacological effects of the original drug. H-Drol listed its single active ingredient as 4-chloro-17a-methyl-androst-1,4-diene-3-17b-diol, the nomenclature for a designer drug identified as halovar, a clone of halodrol. Both products were deemed to be misbranded drugs because the label was false, that is, the product was labeled as a “dietary supplement” but contained a “steroid” or drug. Therefore, neither product met the definition of a dietary supplement. Both products were popular among those seeking an increase in muscle mass and loss of body fat and were distributed widely in the U.S. and overseas, both at retail stores and via the internet. The use of anabolic steroids or dietary supplements that contain anabolic steroids or designer steroids may trigger numerous adverse health effects in the human body.
The investigation, known as Operation Grasshopper, has resulted in the forfeiture of over $3 million and felony convictions for seven different individuals from Virginia, California, Florida, New York and China.
The investigation was conducted by the United States Food and Drug Administration – Office of Criminal Investigations. The Pittsylvania County Sheriff’s Office provided valuable assistance in the case. Assistant United States Attorney Randy Ramseyer prosecuted the case for the United States.
Meth Charge Nets Man 200 Months in PrisonRead the Press Release
Roanoke, VIRGINIA – Acting United States Attorney Rick A. Mountcastle announced today the sentencing of a man convicted of conspiring to distribute methamphetamine.
James Daniel Miller, 32, previously pled guilty to one count of conspiracy to distribute more than 500 grams of methamphetamine. Today in District Court, Miller was sentenced to 200 months in federal prison.
According to evidence presented to the court by Assistant United States Attorney Andrew Bassford, Miller, and others, conspired to distribute methamphetamine in the Western District of Virginia beginning no later than 2013 and continuing until about December 2015.
The investigation of the case was conducted by the Drug Enforcement Administration, Virginia State Police, Claytor Lake Task Force and the Smyth County Sheriff’s Office. Assistant United States Attorney Andrew Bassford prosecuted the case for the United States.
Drug Conspirator Sentenced to Federal Prison TimeRead the Press Release
Roanoke, VIRGINIA – A North Carolina woman, who conspired with others to distribute methamphetamine in and around the Hillsville and Galax regions of Virginia, was sentenced today in the United States District Court for the Western District of Virginia in Roanoke, Acting United States Attorney Rick A. Mountcastle announced.
Bianca Victoria Aroche, 24, of Sparta, N.C., previously pled guilty to one count of conspiracy to possess with the intent to distribute and to distribute 50 grams or more of methamphetamine. Today in District Court, Aroche was sentenced to 65 months in federal prison.
According to evidence presented to the court by Assistant United States Attorney Ashley B. Neese, Aroche, and others, distributed methamphetamine in and around Hillsville and Galax beginning around the spring of 2014 and continuing until at least August 2014.
The investigation of the case was conducted by the Drug Enforcement Administration, the Virginia State Police, the Galax Police Department, the Carroll County Sheriff’s Office and the Grayson County Sheriff’s Office. Assistant United States Attorney Ashley B. Neese prosecuted the case for the United States.
Wise, Virginia Man Pleads Guilty to Taking Ginseng from National ForestRead the Press Release
Abingdon, VIRGINIA – A Wise man, who illegally removed Ginseng plants from the National Forest, pled guilty yesterday in the United States District Court, Acting United States Attorney Rick A. Mountcastle announced.
Mark Evan Buchanan, 47, of Wise, Va., pled guilty yesterday to one count of attempting to transport, sell, receive or acquire plants in interstate commerce knowing that said plants were taken in an unlawful manner. Buchanan will be sentenced on May 25 at 10:30 a.m.
According to evidence presented in court by Special Assistant United States Attorney Kathleen Carnell, Buchanan possessed 246 wild Ginseng roots from the George Washington and Jefferson National Forrest knowing that it was illegal to take, possess, acquire and transport wild Ginseng from the National Forest.
The investigation of the case was conducted by the U.S. Forest Service. Assistant United States Attorney Special Assistant United States Attorney Kathleen Carnell prosecuted the case for the United States.
Florida Man Sentenced on Child Exploitation ChargeRead the Press Release
Lynchburg, VIRGINIA – A Miami, Florida man, who exploited minor girls via the internet and extorted the to send him nude pictures of themselves, was sentenced today in the United States District Court for the Western District of Virginia in Lynchburg, Acting United States Attorney Rick A. Mountcastle announced.
Lenny Baldwin Jr., 22, of Miami, previously pled guilty to one count of persuading, inducing, enticing or coercing a minor into producing child pornography. The defendant was sentenced today, as per the terms of his plea agreement, to10 years in federal prison and lifetime supervision upon his release from prison.
According to evidence presented at previous hearings, Baldwin used the internet to produce images of child pornography by soliciting girls known to him to be minors to send him naked photographs of themselves. Baldwin then attempted to extort additional nude photographs from the minor girls by threatening to “expose them” online, meaning he would publically post their naked photographs if they didn’t send him more nude pictures of themselves.
Evidence collected during the course of the investigation showed the Baldwin was using the internet to solicit minor girls across multiple jurisdictions and his online account records show that he attempted to get naked photographs from multiple minor girls on a frequent basis.
The investigation of the case was conducted by Homeland Security Investigations, the Appomattox County Sheriff’s Department. Assistant United States Attorney Ronald M. Huber prosecuted the case for the United States.
North Carolina Woman Pleads Guilty to Tax ChargeRead the Press Release
Roanoke, VIRGINIA – A woman who participated in a fraudulent cosmetics sales scheme pled guilty on Friday to federal tax charges, Acting United States Attorney Rick A. Mountcastle announced.
Charon Ray, a.k.a. “Charon Crowely,” 39, of Greensboro, North Carolina, pled guilty on March 3 in the United States District Court for the Western District of Virginia to one count of filing a false tax return.
According to evidence presented during the guilty plea hearing, Ray operated an online cosmetic sales business out of her residence during the years in the year 2009, 2010, 2011, 2012, 2013 and 2014. Ray obtained the cosmetics from a disposal company, and then repurposed them for sale through electronic sales channels such as eBay. The Internal Revenue Service examined Ray’s financial records for the relevant time period and determined that she knowingly failed to report at least $380,000 in income associated with her online business in 2011 alone. As part of her plea in this case, Ray will file updated returns for all years and make payment to the Internal Revenue Service for taxes owed.
The investigation of the case was conducted by the Internal Revenue Service. Special Assistant United States Attorney Kari Munro prosecuted the case for the United States.
New Jersey Man Sentenced on Heroin ChargeRead the Press Release
Roanoke, VIRGINIA – A New Jersey man, who conspired with others to distribute heroin in and around the Western District of Virginia, was sentenced today in the United States District Court for the Western District of Virginia in Roanoke, Acting United States Attorney Rick A. Mountcastle announced.
Joshua M. Manning, 20, of Paterson, N.J., previously pled guilty to one count of conspiracy to distribute heroin. Today in District Court, Manning was sentenced to 40 months in federal prison.
A number of co-defendants in the case have previously been sentenced for their roles in the conspiracy. Jesse Ray Little was previously sentenced to 108 months; Shawn St. Clair Cadogan was previously sentenced to 84 months; Michael A. Kemp II was sentenced to 70 months and Tiki Price Tickle was sentenced to 28 months.
The investigation of the case was conducted by the Drug Enforcement Administration, the Bedford County Sheriff’s Office and the Virginia State Police. Assistant United States Attorney Andrew Bassford and Special Assistant United States Attorney Kari Munro prosecuted the case for the United States.
Personal Care Attendant Pleads Guilty to Making a False Statement as it Relates to a Health Care BenefitRead the Press Release
Charlottesville, VIRGINIA – A personal care attendant, who for four years lied about the amount of hours she worked for a homebound retiree, pled guilty yesterday in the United States District Court for the Western District of Virginia in Charlottesville to federal false statement charges, Acting United States Attorney Rick A. Mountcastle and Virginia Attorney General Mark R. Herring announced.
Valteen Green, 36, of Charlottesville, waived her right to be Indicted and pled guilty yesterday to a one count Information charging her with making a false statement as it related to a health care program. Specifically, she pled guilty to defrauding the Medicaid program, implemented by the Virginia Department of Medical Assistance Services, which allows people to hire a personal care attendant as an alternative to placement in a nursing home.
“The United States Attorney’s Office will aggressively pursue defendants who use vulnerable victims like the elderly to defraud Medicaid and other government programs,” Mountcastle said. “This defendant neglected the needs of an elderly, home-bound victim to satisfy her greed for a few thousand dollars. I commend the members of the Jefferson Area Coalition to End Elder Abuse (JACEEA) and look forward to our continuing strong partnership with that coalition to address the serious problem of elder fraud and elder abuse.”
“Billing while absent is an all too frequent form of fraud that cheats the public and endangers seniors who rely on home care,” said Attorney General Herring. “The strong relationship between my Medicaid Fraud Control Unit, our federal partners, and community partners like JACEEA is what allows us to identify and stop this sort of fraud, and hold people accountable for cheating the system and their patients.”
According to evidence presented at yesterday’s guilty plea hearing by Assistant United States Attorney Ronald M. Huber and University of Virginia Third-Year Law Student Kierstin Fowler, Green served as a personal care attendant for Victim A (a retiree who was primarily confined to his Charlottesville home) from September 2011 and May 2016. During this time, Green provided in-home personal care services to Victim A.
During the time in which Green was employed as Victim A’s home health attendant, she was simultaneously employed at two Charlottesville business. Although she did not have fixed daily work hours at these other two jobs, Green would often work at these locations during times which she reported she was working for Victim A.
Over the course of the investigation, it was determined that between that between October 2012 and May 2016, Green submitted false time sheets claiming she was working for Victim A, when in actuality she was working elsewhere. This fraudulent billing resulted in a total loss to Medicaid in an amount exceeding $6,000.
The investigation of the case was conducted by United States Department of Health and Human Services, Office of Inspector General and the Office of the Virginia Attorney General - Medicaid Fraud Control Unit. Assistant United States Attorney Ronald M. Huber and University of Virginia Third-Year Law Student Kierstin Fowler prosecuted the case for the United States.
Charlottesville Man Pleads Guilty to Federal Drug ChargeRead the Press Release
Charlottesville, VIRGINIA – A Charlottesville man, who distributed crack cocaine throughout the Charlottesville Region, pled guilty yesterday in the United States District Court for the Western District of Virginia in Charlottesville, Acting United States Attorney Rick A. Mountcastle announced.
Ricco Jamel Harris, 35, of Charlottesville, pled guilty yesterday to one count of distributing and possessing with the intent to distribute 280 grams or more of cocaine base.
According to evidence presented at yesterday’s guilty plea by Assistant United States Attorney Ronald M. Huber and University of Virginia Third-Year Law Student Elizabeth Douglas, Harris distributed crack cocaine throughout Central Virginia between late 2012 and November 2015. The evidence established that Harris was a major supplier of cocaine in Charlottesville. He also supplied the drug to members of a cocaine distribution ring operating out of the Culpeper area and who’s members were previously prosecuted in Federal court.
During the time frame at issue, agents with the Jefferson Area Drug Task Force [JADE] made a series of controlled buys from Harris and seized over 75 grams of crack cocaine during a traffic stop. Ultimately it was determined that Harris was responsible for the distribution of over 4 kilograms of crack cocaine between late 2012 and November 2015.
The investigation of the case was conducted by the Jefferson Area Drug Task Force, the Federal Bureau of Investigation, the Drug Enforcement Administration and the City of Charlottesville Police Department. Assistant United States Attorney Ronald M. Huber and University of Virginia Third-Year Law Student Elizabeth Douglas prosecuted the case for the United States.
Pair of USP Lee Inmates Sentenced to Additional Prison Time for Possessing Illegal WeaponsRead the Press Release
Abingdon, VIRGINIA – A pair of inmates at United States Penitentiary Lee County in Jonesville were sentenced during separate hearings earlier this week for illegally possessing weapons inside the prison, Acting United States Attorney Rick A. Mountcastle announced today.
Thomas B. Lewis, 33, and Larry Brown, 22, both inmates at USP Lee, each previously pled guilty to possessing illegal weapons. They were sentenced earlier this week in separate hearings to additional time in federal prison after they were found in possession of homemade, illegal weapons, otherwise known as “shanks.”
Lewis was sentenced to an additional 27 months in federal prison. Brown was sentenced to an additional six months in prison and six months in a halfway house.
The investigation of the case was conducted by Federal Bureau of Prisons. Assistant United States Attorney Randy Ramseyer prosecuted the case for the United States.
Winchester Man Pleads Guilty to Federal Heroin Conspiracy ChargesRead the Press Release
Harrisonburg, VIRGINIA – A Winchester man, who routinely traveled to Baltimore and brought back large quantities of heroin to Winchester for distribution, pled guilty today in the United States District Court for the Western District of Virginia in Harrisonburg, Acting United States Attorney Rick A. Mountcastle announced.
Joshua Dillon Burkhart, 27, of Winchester, Va., pled guilty today to one count of conspiring to distribute and to possess with the intent to distribute more than 100 grams of heroin.
According to evidence presented today by Assistant United States Attorney Erin M. Kulpa, should this matter have gone to trial, the United States would have proven beyond a reasonable doubt, that from approximately June 2014 and October 2014, Burkhart, and others, participated in a conspiracy to traffic large amounts of heroin from Baltimore to Winchester. Burkhart distributed at least 1,000 grams of heroin in the Winchester area during this time, using Christopher Giles, and others, as his Baltimore sources of supply.
Throughout the life of the conspiracy, Burkhart traveled to Baltimore one or two times per month to purchase heroin. He paid $100 per gram of heroin and the most he ever purchased per trip was 110 grams of heroin.
Burkhart sold heroin to customers in and around Winchester in quantities ranging from one-half gram to one gram per sale. He sold the heroin for $240 per gram. Burkhart knew that some of his customers were sub-distributors.
The investigation of the case was conducted by Drug Enforcement Administration and the Northwest Virginia Regional Drug and Gang Task Force, which is comprised of the Virginia State Police, the Winchester Police Department, the Front Royal Police Department, the Strasburg Police Department, the Frederick County Sheriff’s Office, the Page County Sheriff’s Office, the Warren County Sheriff’s Office, the Shenandoah County Sheriff’s Office and the Clarke County Sheriff’s Office. Assistant United States Attorney Erin M. Kulpa will prosecute the case for the United States.
USP Lee Inmate Sentenced on Conspiracy ChargeRead the Press Release
Abingdon, VIRGINIA – An inmate at the United States Federal Penitentiary in Lee County, Virginia [USP Lee] who previously pled guilty in United States District Court for the Western District of Virginia in Abingdon to conspiring with others to bring illegal narcotics into the prison, was sentenced yesterday, Acting United States Attorney Rick A. Mountcastle announced.
Jermaine Calvin Jeffries, 44, formerly of Pennington Gap, Va., waived his right to be indicted and pled guilty to a one count Information charging him with one count of conspiring with others to provide a prohibited object, methamphetamine, to other inmates. Jefferies was sentenced yesterday to an additional 60 months in federal prison.
Jeffries conspired with others to provide inmates inside USP Lee with methamphetamine, Suboxone and marijuana. The conspirators did this through the use of phone calls to arrange transportation of the methamphetamine and the attempted transportation of the drug from outside the prison to prisoners incarcerated at USP Lee.
The investigation of the case was conducted by the Federal Bureau of Investigation. Assistant United States Attorney Randy Ramseyer prosecuted the case for the United States.
Galax Man Sentenced for Producing Child Pornography VideosRead the Press Release
Abingdon, VIRGINIA – A Galax man, who gained the trust of single mothers to sexually abuse their young children, was sentenced today in the United States District Court for the Western District of Virginia in Abingdon, Acting United States Attorney Rick A. Mountcastle announced.
Richard Denny Nofsinger, 37, most recently of Galax, previously pled guilty to three counts of producing images of child pornography. Today in United States District Court, Judge James P. Jones sentenced Nofsinger to 60 years in federal prison.
“This defendant is a serial predator, repeatedly targeting the most vulnerable in our community – single mothers and their young children. On repeated occasions he gained the trust of single mothers to gain access to their toddlers so he could film himself engaging in sexual acts with those children. The court’s sentence takes a dangerous, serial predator out of our community and probably saved other single mothers and their children from future despicable acts by this defendant. I ask parents to be extra cautious about who you trust to care for your children,” Acting U.S. Attorney Mountcastle said today. “I commend the Galax City Police Department, the Secret Service, and AUSA Bockhorst for their outstanding work on this case.”
According to evidence presented at the September 7, 2016 guilty plea hearing, Nofsinger possessed a cell phone when he was arrested on a state arrest warrant on May 17, 2016, in Galax. Investigators, executing a search of the cell phone, recovered eight videos that contained sexually explicit images of children and showed Nofsinger engaged in sexual conduct with at least two different children. Investigators identified the victims and recovered the T-shirt and sunglasses Nofsinger wore in some of the videos.
The investigation of the case was conducted by the City of Galax Police Department and the United States Secret Service. Assistant United States Attorney Jennifer R. Bockhorst prosecuted the case for the United States.
Pair of Defendants in Heroin Conspiracy Sentenced in Separate HearingsRead the Press Release
Roanoke, VIRGINIA – A pair of defendants who were part of a conspiracy that brought large amounts of heroin into the Roanoke region, were sentenced recently in separated hearings in the United States District Court for the Western District of Virginia in Roanoke, Acting United States Attorney Rick A. Mountcastle announced.
Today in District Court, Kelly Marie Combs, 28, of Salem, Va., who previously pled guilty to one count of conspiracy to possess with the intent to distribute and to distribute heroin, was sentenced to 42 months in federal prison.
Last week, Hameen Shahid Irvin, 41, of Roanoke, Va., who previously pled guilty to conspiracy to possess with the intent to distribute and to distribute 100 grams or more of heroin, was sentenced last week to 90 months in federal prison.
According to evidence presented at previous hearings by Assistant United States Attorneys Ashley B. Neese and Jennie L. M. Waering, Irvin and Combs, along with their co-conspirators, were responsible for trafficking large amounts of heroin into the Roanoke region from Baltimore, M.D. Combs and Irvin regularly drove to Baltimore to buy heroin and returned to Roanoke with the drug for redistribution.
The investigation of the case was conducted by the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Roanoke County Police Department and the Virginia State Police. Assistant United States Attorneys Ashley B. Neese and Jennie L. M. Waering prosecuted the case for the United States.
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Bristol, Virginia Woman Pleads Guilty to Conspiracy to Commit Healthcare FraudRead the Press Release
Abingdon, VIRGINIA – A Bristol woman, who along with her husband and another woman, was accused of healthcare fraud charges, has pled guilty to federal conspiracy charges, Acting United States Attorney Rick A. Mountcastle, Virginia Attorney General Mark R. Herring and Nick DiGiulio, Special Agent in Charge, Philadelphia Regional Office for U.S. Health and Human Services - Office of Inspector General announced today.
Melissa Harr, 49, pled guilty last week in the United States District Court for the Western District of Virginia in Abingdon to one count of conspiracy to commit healthcare fraud. Bryan Harr Sr., 40 and Deborah Branch, 64, both of Bristol, were also charged as part of the conspiracy.
Melissa Harr admitted last week that she and her husband, Bryan Harr Sr., hired Branch to work with one of their children, who suffers from intellectual and physical disabilities and who qualifies for services paid for by Virginia Medicaid, including personal assistance, respite and residential support services. These services are available to qualified individuals pursuant to Virginia Medicaid’s Intellectual Disability (ID) waiver program. The ID waiver program is designed to provide critical services that enable a recipient to remain at home instead of being placed in an institution. Recipients or their guardians are permitted to hire workers of their own choosing to provide these services which are paid for by Virginia Medicaid. Branch was paid through two different Virginia Medicaid contractors: Public Partnerships, LLC and ResCare (formerly known as Creative Family Solutions).
From January 2010 until September 2015, Branch, with the knowledge of Melissa Harr and Bryan Harr Sr., submitted time sheets claiming Branch was providing services for Harr’s disabled son when she was not. In exchange for assisting Branch in getting paid for work she did not do, Branch paid the Harrs approximately $200 every two weeks. Virginia Medicaid’s Department of Medical Assistance Services (DMAS) paid out $350,641.02 to the contractors based on these time sheets, of which $207,854.43 was paid to Branch. More importantly, the Harr’s disabled son did not receive the services he legitimately needed pursuant to the ID waiver program.
The investigation of the case was conducted by the Medicaid Fraud Control Unit of the Virginia Attorney General’s Office, the U.S. Department of Health and Human Services Office of Inspector General, and the Bristol Virginia Police Department. Special Assistant United States Attorney Janine M. Myatt, a Virginia Assistant Attorney General, is prosecuting the case for the United States.
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Former City of Norton Parks and Recreation Maintenance Supervisor Sentenced in Federal CourtRead the Press Release
Abingdon, VIRGINIA – The former Maintenance Supervisor of the City of Norton Parks and Recreation Department, who previously admitted to coercing women who were on state probation to perform sexual favors for him and lying in federal court, was sentenced today in the United States District Court for the Western District of Virginia in Abingdon, Acting United States Attorney Rick A. Mountcastle announced today.
Michael Todd Lintz, 52, of Norton, Va., previously pled guilty to one count of obstruction of justice and one count of using his authority to engage in coercive sexual relations with a female victim, willfully depriving her of her right to bodily integrity. Today in District Court, Lintz was sentenced to 30 months in federal prison and 3 years of supervised release thereafter. Lintz was also ordered to pay a fine of $10,000.
According to a written proffer of facts filed previously, Lintz supervised individuals assigned to perform community service pursuant to a court order, or by referral from a state probation and parole officer. During his employment with the City of Norton, Lintz ensured that he supervised primarily female workers assigned to Parks and Recreation. Lintz monitored the community service time worked by the individuals under his supervision, and reported the hours they worked to state probation and parole officers. If Lintz reported to a state probation officer that an individual did not perform the required number of community service hours, that individual could be violated on their probation conditions and could have to serve time in jail. Lintz used his authority and official position to coerce female community service workers into providing him with sexual favors, the exchange of which he either alluded or explicitly promised could result in favorable outcomes with their court-ordered supervision. Lintz knew that some of these female community service workers could be subjected to jail sentences for failing to perform community service and used that information to his advantage. Specific instances of this conduct are related in more detail below.
In July 2015, Lintz began supervising the community service of Female Worker 1 (“FW1”), who was referred by a state probation and parole officer. FW1 had a significant number of community service hours to perform. When FW1 first started working with Lintz, she was told by other female workers that Lintz would be interested in trading sexual favors in exchange for community service hours. Lintz began contacting FW1 about personal matters outside of working hours, calling her and texting her while she was not at work. Lintz made sexual comments on a daily basis to FW1, and gave her a sexual nickname that he called her in front of other community service workers. Lintz showed FW1 pornography on his phone. Lintz took FW1 back to his home on several occasions, and displayed video pornography to her on the television in his home during working hours. Lintz used his authority and official position to coerce FW1 into providing him with sexual favors on three separate occasions, which are detailed below.
In or about August 2015, while he was supervising her on community service, Lintz approached FW1 shortly after 4:00 pm, after all other workers had left for the day, to ask her to perform oral sex on him. FW1 agreed, and she performed oral sex on Lintz in the back room of the Parks and Recreation Office. In exchange for this sexual act, FW1 believes Lintz allowed her to claim she had worked one week of community service during a time when she took off to care for an ill family member.
In or about August 2015 to September 2015, while he was supervising her on community service, Lintz took FW1 to his home during working hours. He brought her to his carport, closed the blinds, and asked her to perform oral sex on him. Lintz commented to FW1 that he was going to hate to see her finish her community service, as he wanted to engage in oral sex with FW1 every day. Lintz told FW1 that if she continued to engage in oral sex with him, she would finish her community service early.
September 16, 2015, FW1 appeared in federal court in Abingdon, Virginia, on charges of conspiring to distribute a controlled substance. At the request of FW1’s mother, Lintz testified as a witness at FW1’s detention hearing. Under oath before the United States Magistrate Court, Lintz stated that FW1 had worked all of her hours and testified from the time cards he had completed for FW1. Under oath, Lintz denied having any personal relationship with FW1, and represented himself to be only her community service supervisor. Lintz did not advise the court that he had previous sexual encounters with FW1 in the weeks leading up to his testimony. In releasing FW1 on bond, the Court noted that Lintz’s testimony had been particularly persuasive.
Within days, Lintz approached FW1 and told her that, if it had not been for his testimony, she would have been in jail. Lintz then asked FW1 for oral sex and FW1 complied, as she felt he was implying she “owed” him for his testimony on her behalf. Lintz did not give FW1 any additional community service hours beyond the 45 hours she initially received.
In August 2015, Lintz began supervising the community service of Female Worker 3 (“FW3”), who was referred by a state probation and parole officer. FW3 had a significant number of community service hours to perform. On one occasion in February 2016, while he was supervising her on community service, Lintz brought FW3 back to his home to watch a pornographic video on his television during working hours. Lintz told FW3 that he wanted to show that particular pornographic video to FW1. While at his home, Lintz told FW3 he would like to show her his genitals, and described what it would be like to have sex with him. Audio recordings captured Lintz making these comments to FW3. On a separate occasion in February 2016, while he was supervising her on community service, Lintz discussed an arrangement with FW3 to exchange sexual favors for falsifying community service hours. Audio recordings captured Lintz making these comments to FW3.
The defendant’s known course of relevant conduct spans more than seven years and involves at least seven victims targeted by defendant.
The investigation of the case was conducted by Bureau of Alcohol, Tobacco, Firearms and Explosives and the Federal Bureau of Investigation. Assistant United States Attorney Erin M. Kulpa prosecuted the case for the United States.
Woman Who Committed Wire Fraud Pleads Guilty in Federal CourtRead the Press Release
Abingdon, VIRGINIA – A Virginia woman, who conspired with others to commit wire fraud, pled guilty today in the United States District Court for the Western District of Virginia in Abingdon, to a federal Information, Acting United States Attorney Rick A. Mountcastle announced.
Deborah Diana Lawson, 60, of Raven, Va., waived her right to be indicted and pled guilty today in District Court to a one count Information charging her with conspiracy to commit wire fraud. United States District Judge James P. Jones scheduled sentencing for May 11, 2017 at 2:30 p.m.
According to evidence presented at today’s guilty plea hearing by Assistant United States Attorney Randy Ramseyer, in or around March 2015 Lawson's co-conspirator caused a fraudulent tax return refund to be sent via wire to Lawson’s bank account in Russell County, Virginia. Lawson caused proceeds of the tax return refund to be sent via wire transfer from the Western District of Virginia to an account in Buffalo, New York.
The investigation of the case was conducted by the United States Secret Service and the Russell County Sheriff’s Office. Assistant United States Attorney Assistant United Attorney Randy Ramseyer prosecuted the case for the United States.
Waynesboro Man Pleads Guilty to Having a Stolen Gun on Blue Ridge ParkwayRead the Press Release
Charlottesville, VIRGINIA – A Waynesboro man pled guilty yesterday in the United States District Court for the Western District of Virginia in Charlottesville to a federal gun charge, Acting United States Attorney Rick A. Mountcastle announced.
Miguel Angel Fernandez, 19, of Waynesboro, Va., pled guilty yesterday to one count of knowingly possessing a stolen firearm. A sentencing date has been set for May 8, 2017. At sentencing, Fernandez faces up to 10 years in prison and/or a fine of up to $250,000.
During the hearing, the United States stated that its evidence included the following: on Sunday, September 11, 2016, a United States Park Ranger approached Fernandez and several others near a vehicle that was parked along the Blue Ridge Parkway near milepost 41 in Rockbridge County to inquire about litter outside of the vehicle. As the Ranger approached the vehicle to see if the occupants needed assistance, he told the occupants he needed to speak to them about the trash on the ground. It was at this point the Ranger smelled the odor of alcohol emanating from the vehicle.
While talking to passenger Fernandez, who appeared to be intoxicated, the Ranger noticed a bulge in Fernandez’s waistband and recovered a Springfield Armory XD .40 caliber semiautomatic pistol. The gun had been reported stolen within the prior two days from the glovebox of a car. In a post-Miranda statement, Fernandez admitted that he knew the gun was stolen but he did not know who stole it and was just holding the gun for a friend.
The investigation of the case was conducted by the National Park Service. Assistant United States Attorney Nancy S. Healey prosecuted the case for the United States.
Roanoke Man Pleads Guilty to Child Pornography ChargeRead the Press Release
Roanoke, VIRGINIA – A Roanoke man, who used a peer-to-peer file sharing network that allowed others to access his images of hard core child pornography, pled guilty today in the United States District Court for the Western District of Virginia, Acting United States Attorney Rick A. Mountcastle announced.
William Rhodes, a.k.a. “Billy Rhodes,” a.k.a. “BillRho,” a.k.a. “hel_yeh1,” age 26, of Roanoke, Va., pled guilty today to one count of knowingly distributing or receiving or attempting to distribute or receive child pornography.
“Mr. Rhodes made available vile images of child pornography and chatted with others who shared in his perverse interest in such material,” Acting United States Attorney Mountcastle said today. “I am thankful to the investigators in Texas and Virginia for working quickly and cooperatively in locating this defendant. I am also grateful to the prosecutors in this case for bringing this defendant to justice before he could hurt any more children through further distribution of these disturbing images.”
According to a factual statement filed today in court by Assistant United States Attorney Nancy S. Healey, on March 23, 2014, an undercover task force officer with the Federal Bureau of Investigation working in Texas, accessed a peer-to-peer file sharing network, and identified a computer with a particular IP address as a potential source of files associated with hash values previously known to belong to images of child pornography. The undercover agent successfully downloaded 1,432 images from this torrent, the vast majority of which depicted prepubescent females engaged in sexually explicit conduct and sadistic abuse, including depictions of infants and toddlers.
On September 10, 2014, an FBI task force officer working in Richmond downloaded approximately 320 images from the same torrent from a different IP address. The investigation revealed that the downloads were associated with the same Roanoke, Virginia address.
A search warrant was executed at that Roanoke residence in the early morning hours of February 2, 2015. The defendant, William Rhodes, was the adult son of the homeowners and was living at the home. He was briefly interviewed during the search and told investigators he knew why there were there, without specifically mentioning the downloading of child pornography.
A forensic examination of the defendant’s computer conducted by the Virginia State Police revealed substantial corroborating evidence that proved the defendant was the person responsible for the downloads conducted by the task force officers, including Skype chat evidence suggesting that the defendant had transferred videos from the same torrent to another individual.
The investigation of the case was conducted by Federal Bureau of Investigation, the Virginia State Police and the Roanoke City Police. Assistant United States Attorney Nancy S. Healey and Jessica Urban, U.S. Department of Justice, Child Exploitation and Obscenity Section, are prosecuting the case for the United States.
New York Man Sentenced for Conspiring to Defraud the FDARead the Press Release
Abingdon, VIRGINIA – A New York man, who was involved in a conspiracy that illegally manufactured and sold pro-hormone/designer steroids, was sentenced yesterday in the United States District Court for the Western District of Virginia in Abingdon after having previously pled guilty to related federal charges, Acting United States Attorney Rick A. Mountcastle announced.
Matthew S. Greacen, 50, of Pt. Byron, N.Y., previously pled guilty to one felony count of conspiracy to defraud the United States Food and Drug Administration. Yesterday in District Court, Greacen was sentenced to two years’ probation, four months of which must be spent on home confinement. In addition, he was ordered to forfeit $55,000. A Co-conspirator in the case, James Mills, was previously sentenced to two years’ probation and a $1,000 fine.
“Selling dangerous drugs disguised as harmless dietary supplements places the health of U.S. consumers at risk,” said Special Agent in Charge Mark A. McCormack, FDA Office of Criminal Investigations’ Metro Washington Field Office. “Our office will continue to pursue and bring to justice those who ignore this very real threat to public health.”
Greacen was prosecuted as part of an ongoing operation that involved the illegal importation of raw drug powders from China to the Danville, Va., area. The powders were then shipped to various locations throughout the United States, including Nature’s Chemistry, the Skaneateles, N.Y.-based business Greacen owned and where he served as the former president. The illegal product contained methasterone, commonly known as Superdrol. The product was illegally marketed as a nutritional supplement when, in fact, it was a dangerous drug.
The investigation of the case was conducted by the Food and Drug Administration – Office of Criminal Investigations. Assistant United States Attorney Randy Ramseyer is prosecuting the case for the United States.
New York Man Sentenced for Conspiring to Defraud the FDARead the Press Release
Abingdon, VIRGINIA – A New York man, who was involved in a conspiracy that illegally manufactured and sold pro-hormone/designer steroids, was sentenced yesterday in the United States District Court for the Western District of Virginia in Abingdon after having previously pled guilty to related federal charges, Acting United States Attorney Rick A. Mountcastle announced.
Matthew S. Greacen, 50, of Pt. Byron, N.Y., previously pled guilty to one felony count of conspiracy to defraud the United States Food and Drug Administration. Yesterday in District Court, Greacen was sentenced to two years’ probation, four months of which must be spent on home confinement. In addition, he was ordered to forfeit $55,000. A Co-conspirator in the case, James Mills, was previously sentenced to two years’ probation and a $1,000 fine.
“Selling dangerous drugs disguised as harmless dietary supplements places the health of U.S. consumers at risk,” said Special Agent in Charge Mark A. McCormack, FDA Office of Criminal Investigations’ Metro Washington Field Office. “Our office will continue to pursue and bring to justice those who ignore this very real threat to public health.”
Greacen was prosecuted as part of an ongoing operation that involved the illegal importation of raw drug powders from China to the Danville, Va., area. The powders were then shipped to various locations throughout the United States, including Nature’s Chemistry, the Skaneateles, N.Y.-based business Greacen owned and where he served as the former president. The illegal product contained methasterone, commonly known as Superdrol. The product was illegally marketed as a nutritional supplement when, in fact, it was a dangerous drug.
The investigation of the case was conducted by the Food and Drug Administration – Office of Criminal Investigations. Assistant United States Attorney Randy Ramseyer is prosecuting the case for the United States.
Roanoke Man who Pled Guilty to Distributing Methamphetamine,Illegally Possessing a Firearm, Sentenced in Federal CourtRead the Press Release
Roanoke, VIRGINIA – A Roanoke man, who sold methamphetamine and illegally possessed a shotgun after having been previously convicted of a felony, was sentenced today in the United States District Court for the Western District of Virginia in Roanoke, Acting United States Attorney Rick A. Mountcastle announced.
John Mark Bryant, 21, of Roanoke, Va., previously pled guilty to one count of distribution of methamphetamine and one count of illegal possession of firearm by a previously convicted felon. Today in District Court, Bryant was sentenced to 57 months in federal prison.
According to evidence presented at previous hearings by Assistant United States Attorney Andrew Bassford, in June 2016 Bryant was staying at the Stay-In motel in Salem, Virginia. Detectives working as part of the Roanoke HIDTA had determined that Bryant was distributing methamphetamine and firearms from his hotel room and set-up a methamphetamine and firearm purchase via a confidential informant. The informant arranged and made a purchase of methamphetamine and a shotgun from Bryant on June 16, 2016.
Thee investigation of the case was conducted by Bureau of Alcohol, Tobacco, Firearms and Explosives and the Roanoke HIDTA. Assistant United States Attorney Andrew Bassford prosecuted the case for the United States.
Donnie Marks Sentenced for Role in Fortune Telling SchemeRead the Press Release
Charlottesville, VIRGINIA – The former business manager of a fortune-teller business located on Seminole Trail in Charlottesville was sentenced today in Federal court on charges that he committed mail fraud and laundered more than $1 million in money stolen from victims by his wife and co-defendant, Acting United States Attorney Rick A. Mountcastle announced.
Donny Stephen Marks, 43, of Charlottesville, previously pled guilty to one count of mail fraud and one count of money laundering. Today in U.S. District Court in Charlottesville, Donny Marks was sentenced to 33 months in federal prison and four years of supervised releases thereafter. His wife, Sandra Stephenson Marks, a.k.a. “Catherine Marks,” 42, also of Charlottesville, previously pled guilty to one count of mail fraud and one count of money laundering. In November 2016 she was sentenced to 30 months in federal prison. The two have been ordered to repay over $5.4 million in restitution to the victims of their scheme.
According to evidence presented at previous hearings by Assistant United States Attorney Ronald M. Huber, Sandra Marks and Donnie Marks operated the business “Readings by Catherine” on Seminole Trail in Charlottesville, which offered services such as palm readings, candle readings, tarot card readings, astrological readings and spiritual readings to clients. Sandra Marks provided direct customer services while Donnie Marks managed the affairs of the business.
Sandra Marks has admitted, through a statement of facts submitted to the court and signed by the defendant, that she enriched herself by telling her clients she was clairvoyant and able to see into the past and the future. Marks also said she told her clients she had a “gift from god” and was able to communicate with spirits and guides from god, including the “Prince of Illusion,” who relayed information to her about clients.
Sandra Marks further admitted that she would tell clients that she had learned from the spirits and guides that the client, and/or the client’s family, was suffering from a “curse” and a “dark cloud” that occurred in the past. Marks would tell clients they would need to make a sacrifice of large amounts of money and valuables, whereby she would bury the money and items in a box to be “cleansed.” Marks explained to her clients that the money and property would be returned once the “work” was complete. Additionally, Marks would tell the clients that the money and property would not be used for Marks’ own personal benefit.
Donny Marks role in the scheme was one of a business manager, both of his wife and the proceeds from the scheme. Donny Marks admitted through a signed statement of facts submitted to the court that he managed Sandra Marks’ work, opened business bank accounts and transferred funds between business and personal bank accounts.
Contrary to her representations to clients, Donnie Marks and Sandra Marks kept and used money and other valuables provided by their clients for their own personal use and enjoyment and that of their family. When Sandra and Donnie Marks had used all of a client’s money, Sandra and Donnie Marks would find new clients to fund the scheme, or tell old clients that additional money was required to continue her “work.”
The investigation of the case was conducted by U.S. Immigration and Custom Enforcement’s Homeland Security Investigations, the United States Postal Inspection Service, the United States Secret Service, the Virginia Attorney General’s Office and the Albemarle County Police Department. Assistant United States Attorney Ronald M. Huber prosecuted the case for the United States.
Red Onion Inmate Pleads Guilty, is Sentenced for Sending Threatening LettersRead the Press Release
Roanoke, VIRGINIA – A Red Onion inmate, who pled guilty to sending threatening letters to four district courts throughout the country and then told a federal judge at his sentencing hearing that he planned to kill the people addressed in those letters once he got out of prison, was sentenced to five decades in federal prison today, Acting United States Attorney Rick A. Mountcastle announced.
James Monroe Cox, 37, a Red Onion State Penitentiary inmate, formerly of Salem, Va., pled guilty today in District Court to five counts of mailing threatening communications. Cox was also sentenced today to serve 600 months in federal prison, 120 months on each count, to run consecutively.
According to an indictment returned in February 2016, Cox wrote a variety of letters making threats to prosecutors and judges within the United States District Court for the Southern District of Texas, the Eastern District of Virginia, and the Western District of Missouri. Those letters contained various threats, including to inflict serious bodily harm upon judges and prosecutors, shoot the judges and prosecutors, blow up their homes and courthouses, and blow up several businesses with heavy explosives. While Cox awaited trial on the original indictment, in June 2016, he wrote a second series of threatening letters in which he threatened a judge within the United States District Court for the Western District of Virginia. A superseding indictment returned in August 2016 charged Cox with two additional counts of writing threatening letters to a judge within the United States District Court for the Western District of Virginia.
During his hearing today in the United States District Court, Cox, after pleading guilty but prior to being sentenced, told the Hon. Judge Michael Urbanski, that as soon as he was released from federal prison he planned to kill those people he previously threatened in his letters, his own family, and anyone else he could. Cox reiterated his plans to kill former President Bush and the Bush family, whom Cox had previously written threatening letters to and been convicted for in the Eastern District of Virginia in 2003. Cox stated that he planned to shoot and “snipe” as many people as possible. Cox also stated that he had written over 100 such letters in recent years and was surprised that he only faced five counts for writing threatening letters.
The investigation of the case was conducted by the Federal Bureau of Investigation, the United States Marshal Service, and the Virginia Department of Corrections. Special Assistant United States Attorney 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.
Physician Assistant Found Guilty Following Two-Day Jury TrialRead the Press Release
Abingdon, VIRGINIA – A physician assistant who allowed phentermine tablets to be distributed using her Drug Enforcement Administration (DEA) registration, was found guilty today following at three-day jury trial in the United States District Court for the Western District of Virginia in Abingdon, Acting United States Attorney Rick A. Mountcastle announced.
Lynn Hartwell, 41, of Marion, Va., was found guilty today on all counts after a jury deliberated for three and one-half hours after hearing three days of evidence. Hartwell was found guilty of one count of conspiring to distribute a controlled substance (phentermine), one count of conspiracy to allow the use of her DEA registration number by another person, 20 counts of distributing phentermine and 20 counts of allowing the use of her DEA registration by another person.
According to evidence presented at trial by Assistant United States Attorney Randy Ramseyer, Hartwell worked as a physician assistant at MTRx, a weight loss clinic in Bristol, Tennessee, operated, at the time, by Marvin Allen Stanley and owned by his wife, Tracey Michelle Stanley. The Stanleys previously pled guilty to their roles in the conspiracy.
Evidence at trial showed that Hartwell allowed the Stanleys to use her DEA registration number to order phentermine and dispense phentermine to individuals who Hartwell never examined. The clinic was open Monday through Saturday, but Hartwell typically only worked on Mondays and Fridays. On days she did not work, patients received phentermine without ever being examined by Hartwell. Hartwell later signed and initialed the patient charts to indicate she approved the dispensing of the phentermine.
Also, Hartwell and the Stanley allowed a person who did not work at the clinic to fill out patient charts and obtain and deliver phentermine to her friends and acquaintances. Once or twice a week, Norma Jean Marsh, a.k.a. “Trixie,” a registered nurse, went to MTRx and spent 15 or 20 minutes filling out patient files for friends and acquaintances of hers from the Saltville area. Then Hartwell and the Stanleys provided her with phentermine for those friends and acquaintances. Several of those individuals never were seen as patients at the clinic. Marsh previously pled guilty to her role in the conspiracy.
Phentermine is a Schedule IV controlled substance. It is related chemically and pharmacologically to amphetamine, which is extensively abused.
At sentencing, Hartwell faces a statutory maximum sentence, per count, of imprisonment for a term of five years and a fine of $250,000. She remains on bond pending sentencing. Her sentencing date has not been scheduled.
MTRx was previously dismissed from the case because it is under new ownership unrelated to the defendants. Marvin Stanley, Tracey Stanley and Norma Marsh are scheduled to be sentenced on March 2, 2017.
The investigation of this case was conducted by the Drug Enforcement Administration’s Tactical Diversion Squad in Roanoke, with the assistance of the Virginia Attorney General’s Medicaid Fraud Control Unit, Tennessee Bureau of Investigation, Bristol (Tennessee) Police Department, and Saltville (Virginia) Police Department. Assistant United States Attorney Randy Ramseyer prosecuted the case for the United States.
Salem Man Sentenced on Federal Drug and Gun ChargesRead the Press Release
Roanoke, VIRGINIA – A Salem man, who previously pled guilty to being part of a federal drug conspiracy, was sentenced today in the United States District Court for the Western District of Virginia in Roanoke, Acting United States Attorney Rick A. Mountcastle announced.
Marvis Maurice Johnson, 31, of Salem, Va., previously pled guilty to one count of conspiracy to distribute more than 280 grams of cocaine and one count of illegally possessing a firearm by a previously convicted felon. Today in District Court, Johnson was sentenced to 112 months in federal prison.
The investigation of the case was conducted by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Roanoke County Police Department. Assistant United States Attorney Andrew Bassford prosecuted the case for the United States.
Former IRS Employee Pleads Guilty to Health Care FraudRead the Press Release
Lynchburg, VIRGINIA – A former employee of the Internal Revenue Service pled guilty today in the United States District Court for the Western District of Virginia in Lynchburg to health care fraud charges related to his misuse of government health insurance benefits, Acting United States Attorney Rick A. Mountcastle announced.
Ronald Lewis Hooper, 69, of Lynchburg, Va., pled guilty today to one count of health care fraud.
According to evidence presented at today’s guilty plea hearing by Assistant United States Attorney Jennie L. M. Waering, should this case have gone to trial, the United States would have proven that Hooper misused his government health benefits to seek opiate drugs such as Nubian, Phenergan, and others, at various emergency departments. The United States would have proven that Hopper began seeking these drugs at various emergency departments only after his primary physician began to restrict the number of injections he would provide to Hooper to two per week. Hooper sought additional injections at emergency departments at hospital facilities throughout Virginia, West Virginia, North Carolina, South Carolina, Georgia and Florida.
Between December 2002 and December 2012, Hooper received services at hospitals and emergency rooms on approximately 1,700 separate occasions seeking injections of Nubian and Phenergan, incurring more than $824,000 in fraudulent medical payments.
The investigation of the case was conducted by the Office of Personnel Management, the Federal Bureau of Investigation and the Blue Cross Blue Shield Special Investigations Unit. Assistant United States Attorney Jennie L. M. Waering prosecuted the case for the United States.
Cross Junction Man Pleads Guilty to Misbranding ChargeRead the Press Release
Harrisonburg, VIRGINIA – A Virginia man who purchased and later distributed misbranded drugs that were intentionally masked to look like candy pled guilty today in the United States District Court for the Western District of Virginia in Harrisonburg, Acting United States Attorney Rick A. Mountcastle announced.
Christopher Michael Sweeney II, 20, of Cross Junction, Va., pled guilty today to one count of conspiracy to commit an offense against the United States, namely, with the intent to defraud and mislead, to ship and receive in interstate commerce a misbranded drug.
“This case underscores how extremely dangerous it is to take drugs, no matter how innocent they are made to appear, that are not clearly labeled with information such as the content, ingredients, and source. This dangerous synthetic drug was ruthlessly packaged to look like candy, sold by the defendant as Xanax and caused tragic harm to unsuspecting customers,” Acting United States Attorney Mountcastle said today. “I implore anyone who might be thinking about experimenting with drugs like this to stop and consider that you are putting your life and your health at risk. I am grateful for the Northwest Virginia Regional Drug and Gang Task Force, the Virginia State Police, the DEA, and AUSA Kulpa’s hard work and dedication in resolving this very difficult case and for their continued efforts against the drug epidemic in the Western District of Virginia.”
“With the dangers of non-controlled substances that are being falsely marketed and sold over the internet, law enforcement and prosecutors are having to constantly adjust and improve their investigative techniques,” said Supervisory Special Agent Josiah C. Schiavone, Coordinator of the Northwest Virginia Regional Drug and Gang Task Force for the Virginia State Police. “We are happy that in this case, through collaborative efforts, we were able to find a route to successful prosecution.”
“This case clearly demonstrates the dangers of purchasing illicit drugs off of the internet. Purchasers do not know the true contents of what they are purchasing to ingest and thereby are placing their safety and their lives in the hands of an unscrupulous manufacturer,” said Karl C. Colder, Special Agent in Charge of the DEA Washington Field Division.
According to evidence presented at today’s guilty plea hearing by Assistant United States Attorney Erin M. Kulpa, should this case had gone to trial the United States would have proven that between June 2015 and September 2015, Sweeney purchased and received sugar tablet candies, or Smarties, laced with flubromazolam, a designer synthetic drug that is not approved by the United States Food and Drug Administration and is not approved for human use because of its toxicity and other potential harmful effects. In some individuals, flubromazolam can cause and has caused serious bodily injury as a result of ingesting the substance.
In addition, the United States would have proven Sweeney purchased this substance via the “dark web” and that the substance was delivered on Smarties candies. They arrived delivered in packages that did not contain packing or labels listing the name and place of business of the manufacturer, packer or distributor, did not have adequate directions for use or warnings against use in those pathological conditions or by children where its use may be dangerous to health or bore a label bearing the words “Rx Only.”
Sweeney purchased the Smarties in quantities of 100-300 tablets per purchase, at a price of approximately $0.38 per tablet. The defendant paid his co-conspirators using digital currency transfers through electronic media and had the Smarties mailed to him either at his home address or to a post office box, the United States would have proven at trial.
The defendant consumed, gave away or sold the Smarties he purchased from the “dark web.” Sweeney sold the Smarties for between $5-$8 per tablet. He referred to the tablets laced with flubromazolam as “Smarties” and told some customers they contained “Xanax,” and told some others the Smarties contained Xanax plus a research chemical that added intensity to its effect. The Smarties he distributed did not contain labeling identifying that they contained flubromazolam. During the time he was selling the Smarties, Sweeney acknowledged the powerful effects of the drug, noting to his customers that some people had blacked out from taking the drug and some had crashed their cars after taking the drug and driving.
The investigation of the case was conducted by Northwest Virginia Regional Drug and Gang Task Force, the Virginia State Police and the Drug Enforcement Administration. Assistant United States Attorney Erin M. Kulpa prosecuted the case for the United States.
Ohio Woman Pleads Guilty to Providing Inmate with DrugsRead the Press Release
Abingdon, VIRGINIA – An Ohio woman, who conspired with others to provide an inmate at the United States Penitentiary (USP) Lee, in Lee County, Virginia with a prohibited object, pled guilty today to a federal conspiracy charge, Acting United States Attorney Rick A. Mountcastle announced.
Nicole Diane Shroyer, 36, of Kettering, Ohio, pled guilty today to one count of conspiring to provide an inmate of a prison a prohibited object, in this case methamphetamine. Shroyer will be sentenced on May 9, 2017 at 2:30 p.m.
According to evidence presented at today’s hearing by Assistant United States Attorney Randy Ramseyer, Shroyer and others and others she conspired with, made several phone calls to arrange transport of the methamphetamine to the inmate, who was housed at USP Lee. On January 31, 2016, Shroyer brought methamphetamine to USP Lee and surreptitiously provided the methamphetamine to an inmate.
The investigation of the case was conducted by the Federal Bureau of Investigation and the Bureau of Prisons. Assistant United States Attorney Randy Ramseyer prosecuted the case for the United States.
Final Two Defendants in Methamphetamine Conspiracy SentencedRead the Press Release
Abingdon, VIRGINIA – The final two members of a drug trafficking conspiracy that supplied local sources with large qualities of ICE methamphetamine for multiple years were sentenced today in the United States District Court for the Western District of Virginia in Abingdon, Acting United States Attorney Rick A. Mountcastle announced.
Ronald Sizemore, 56, of Kentucky, previously pled guilty to one count of conspiracy to distribute and possess with the intent to distribute ICE methamphetamine. Today in District Court, Sizemore was sentenced to 70 months in federal prison. Also in District Court today, Ysidro Juarez III, 53, of Houston, Texas, who previously pled guilty to a lesser included count of conspiring to distribute and possess with the intent to distribute methamphetamine, was sentenced to 84 months in federal prison.
During previous hearings, Angel Soliz Jr., 37, of Houston was sentenced to 240 months in federal prison and Angel Soliz Sr., 53, also of Houston, was sentenced to 240 months in federal prison. Soliz Jr. also agreed to forfeit more than $800,000 in cash to the United States, which was seized from his home in Texas. Another co-conspirator, Bige Maggard, was sentenced to 30 months in federal prison.
According to evidence presented by prosecutors, the defendants admitted to being the sources of much of the ICE methamphetamine that was sold in a multi-defendant conspiracy and which has resulted in more than a dozen federal convictions in U.S. District Court in Abingdon. Soliz Sr. and Soliz Jr. coordinated the supply of methamphetamine from Texas, while other co-defendants worked under them to help distribute the drugs. During the course of the conspiracy, various persons from Eastern Kentucky and Southwest Virginia would traveled to Texas to purchase methamphetamine and subsequently transport it back via interstate highways, avoiding law enforcement detection along the way. Once the ICE methamphetamine had arrived in Kentucky and Virginia, it would be distributed to others using local dealer, such as Sizemore.
The investigation of the case was conducted by the United States Bureau of Alcohol, Tobacco, Firearms, and Explosives; United States Drug Enforcement Administration; Virginia State Police; Kentucky State Police; Harris County, Texas Sherriff’s Office; and Russell County, Virginia Commonwealth’s Attorney’s Office. Special Assistant United States Attorney Kevin Jayne and Special Assistant United States Attorney and Russell County Commonwealth Attorney Brian Patton prosecuted the case for the United States.
Vinton Man Sentenced on Federal Fraud ChargeRead the Press Release
Lynchburg, VIRGINIA – Acting United States Attorney Rick A. Mountcastle announced the sentencing of a Vinton man who previously pled guilty to stealing funds from the Social Security Administration.
Robert Wozniak, 48, of Vinton, Va., previously pled guilty to one count of theft of government property and one count social security fraud. Today in District Court, Wozniak was sentenced to time served and two years of supervised released. In addition, Wozniak was ordered to pay $16,500 in restitution and a $200 special assessment.
According to evidence presented in court by Assistant United States Attorney Charlene R. Day, Wozniak admitted previously that from July 2015 through April 2016 he stole Social Security Administration funds, namely retirement benefit payments, intended for Wozniak’s deceased grandmother, for which he was not entitled. The indictment specifically claims that Wozniak intentionally concealed his grandmother’s death in order to continue to receive and spend the retirement benefit payments made by the Social Security Admiration to his grandmother.
The defendant admitted that he concealed the body of his dead grandmother, Betty Wozniak in a freezer and later a barrel for months after she died in order to continue receiving her Social Security payments. Investigators discovered the body after Wozniak’s landlord became suspicious about the barrel and a hole she noticed in the property Robert Wozniak was renting from her.
The investigation of the case was conducted by the Department of Health and Human Services, the Social Security Administration, the Bedford County Sheriff’s Office and the Department of Veteran Affairs, Office of the Inspector General. Assistant United States Attorney Charlene R. Day will prosecute the case for the United States.
Staunton Doctor Sentencing for Illegal Prescribing of NarcoticsRead the Press Release
Lynchburg, VIRGINIA – A Staunton physician practicing in Lexington at Carilion Stonewall Jackson Hospital Emergency Department was sentenced today on a federal drug distribution charge, Acting United States Attorney Rick A. Mountcastle announced.
Stanley Elmer Heatwole, 73, of Staunton, Virginia, previously waived his right to be indicted and pled guilty to an Information charging him with one count of distribution of controlled substances. Today in District Court, Heatwole was sentenced to three years of probation, six months of which must be spent on home confinement. In addition, the defendant was ordered to pay a $3,000 fine and a special assessment of $100.
According to evidence presented at previous hearings by Assistant United States Attorney Jennie L. M. Waering, from 2009 to 2014, Stanley Elmer Heatwole wrote controlled substance prescriptions, specifically hydrocodone, to a female patient with whom he had an intimate relationship. These prescriptions were not for a legitimate medical purpose and were outside the usual course of professional practice. In 2014, his license to practice medicine was suspended.
The investigation of the case was conducted by the Tactical Diversion Squad of the Drug Enforcement Administration and the Virginia State Police. Assistant United States Attorney Jennie L. M. Waering is prosecuting the case for the United States.
Martinsville Man Sentenced on Child Pornography ChargesRead the Press Release
Danville, VIRGINIA – A Martinsville man, who produced images and videos of himself raping a four-year-old girl, was sentenced yesterday in the United States District Court for the Western District of Virginia in Danville, Acting United States Attorney Rick A. Mountcastle announced.
Mario Ahlazshuna Dillard, 31, of Martinsville, Va., previously pled guilty to three counts of production of child pornography and one count of receipt and distribution of child pornography. Yesterday in District Court, Dillard was sentenced to 35 years in federal prison, followed by lifetime supervised release.
According to evidence presented at today’s hearing by Assistant United States Attorney Laura D. Rottenborn, and at previous hearings, Dillard was a high-volume viewer of child pornography and a member of multiple websites that allowed him to access, download and distribute child pornography. However, Dillard’s obsession with child pornography did not stop with simply viewing images. On many separate occasions he filmed himself sexually assaulting a 4-year-old girl he cared for on a regular basis.
Law enforcement recovered at least four separate videos depicting these sexual assaults. One such video, which showed the victim performing oral sex on Dillard while cartoons played in the background, was distributed by the defendant on June 9, 2015, via the media sharing application, WhatsApp Messenger.
The investigation of the case was conducted by the Federal Bureau of Investigation with the assistance of the Henry County Sheriff’s Office. Assistant United States Attorneys Laura D. Rottenborn and Daniel Bubar prosecuted the case for the United States.
Lead Defendant in Series of Robberies, Kidnappings Pleads GuiltyRead the Press Release
Charlottesville, VIRGINIA – A Greene County man, who along with others committed a series of armed and violent robberies across Albemarle and Greene counties, pled guilty today in the United States District Court for the Western District of Virginia in Charlottesville to federal firearms charges, Acting United States Attorney Rick A. Mountcastle announced.
Terence Tyree, 19, of Greene County, Va., pled guilty to two counts of using and carrying a firearm during and in relation to a crime of violence. Tyree faces a mandatory minimum sentence of 30 years in federal prison when he is sentenced April 12, 2017.
Tyree and five others were indicted late last year following a series of violent, armed robberies and kidnappings at local pizza chain restaurants, convenience stores, and a private residence in Albemarle and Greene County. Tyree is the second defendant directly involved in multiple robberies to plead guilty in federal court.
According to evidence presented at today’s hearing by Assistant United States Attorney Christopher Kavanaugh, Tyree admitted that he participated in a robbery of the Papa John’s Pizza on Seminole Trail in Greene County in the early morning hours of June 9, 2016. Surveillance footage and victim testimony would have shown that Tyree and the other two men dressed all in black, carried firearms and covered their faces in masks. They entered the store, displayed their weapons for the employees and demanded cash. The defendants stole cash and one employee’s cell phone.
Less than 10 days later, on June 17, 2016, Tyree and a co-defendant returned to the same Papa John’s Pizza and robbed it at gunpoint, again.
In addition, Tyree admitted today that he and others robbed Domino’s Pizza on Towncenter Lane in Albemarle County on June 27, 2016. In this instance, Tyree and a co-defendant entered the store, dressed in all black with their faces covered with masks. Inside the store, Tyree pointed his firearm at a store employee while his co-defendant, Kentavia Jones grabbed cash and cell phones.
Tyree also admitted that on July 7, 2016 he participated in the robbery of the Domino’s Pizza on Ford Avenue in Greene County. Once at the location, Tyree and another man put masks on their faces, got out of their vehicle, and ran into the store. As in the previous robbery, Tyree pointed his gun at store employees as his co-defendant, Kentavia Jones. As the defendants were running back to the car, a witness said something to the defendants, at which time one of the co-defendants fired a single shot into the air.
On July 18, 2016, Tyree and two co-defendants went to an Albemarle County home to commit an armed robbery, Tyree admitted in court today. The victim was inside, alone, when he heard a loud explosion. When he went to the living room, the victim saw that a propane tank had been thrown through his glass door and three masked individuals, dressed in all black, were in his living room, one of whom was armed with a pistol. Inside the house, the defendants ordered the victim to face the wall as they proceeded to ransack the house. As they were getting ready to leave, the defendants struck the victim in the head, causing him to fall to the floor. Once on the floor, Tyree and the others struck the victim again.
Tyree and the two co-defendants then commanded the victim, at gunpoint, to get into the back seat of his Lexus vehicle, which was then parked in the victim’s garage. All three defendants got into the car, with Tyree in the driver’s seat, and drove to a nearby ATM machine at the Wells Fargo bank located at the intersection of Route 29 and Airport Road in Albemarle County. Upon arrival at the bank, the defendants told the victim to get as much money as he could and return to the car. At that time, however, a second victim was observed in the bank parking lot, having just come from the nearby airport with his luggage still in hand. Tyree’s co-defendant got out of the car, pointed his gun at the traveling passerby, and ordered him to also get into the car. The second victim complied. The victim attempted to get money from the ATM machine but could not, so the victim was ordered to get back into the car.
Tyree then drove his co-defendants and the victims to a nearby 7-11 store. He parked the car, and then went inside and robbed the clerk at gunpoint. Jones drove everyone away from the scene. Soon thereafter, in a nearby neighborhood, the defendants stopped the car and told both victims to get out of the car and both victims complied. The defendants drove away. The defendants later abandoned the vehicle, which was ultimately recovered by law enforcement.
The investigation of the case was conducted by the Federal Bureau of Investigation, the Albemarle County Police Department and the Greene County Sheriff’s Office. Assistant United States Attorneys Christopher Kavanaugh and Ronald M. Huber are prosecuting the case for the United States.
St. Paul Man Sentenced for Making False StatementRead the Press Release
Abingdon, VIRGINIA – A St. Paul, Virginia man, who lied about his employment status in order to continue to collect disability benefits from the Railroad Retirement Board, was sentenced today in the United States District Court for the Western District of Virginia in Abingdon, Acting United States Attorney Rick A. Mountcastle announced.
Ronald W. David, 58, of St. Paul, Va., previously pled guilty to one count of making materially false, fictitious and fraudulent statements. Today in District Court, David was sentenced to two years of probation to include six months of home confinement. David paid restitution to the Railroad Retirement Board in the amount of $70,206.
According to evidence presented at previous hearings by Special Assistant United States Attorney Kathleen Carnell, on July 25, 2015, David knowingly made a willfully false statement and representation to the Railroad Retirement Board by failing to report his self-employment with Copperhead Road Properties LLC. As part of the defendant’s eligibility for disability benefits, he was required to report all information regarding employment to the Railroad Retirement Board.
The investigation of the case was conducted by Special Agent Patrick Fletcher of the Office of Inspector General U.S. Railroad Retirement Board. Special Assistant United States Attorney Kathleen Carnell prosecuted the case for the United States.
Roanoke Man Sentenced on Cocaine ChargeRead the Press Release
Roanoke, VIRGINIA – Acting United States Attorney Rick A. Mountcastle announced today the sentencing of a Roanoke man on a federal drug charge.
Terrance Donald Jackson, 29, of Roanoke, Va., previously pled guilty to one count of distribution of cocaine. Today in District Court, Jackson was sentenced to 151 months in federal prison.
The investigation of the case was conducted by the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Roanoke City Police Department and the agencies of the Roanoke HIDTA. Assistant United States Attorney Andrew Bassford prosecuted the case for the United States.
Wise County Man Sentenced for Having Minor Attend a Cock Fight, Other ChargesRead the Press Release
Abingdon, VIRGINIA – A Pound, Virginia man, who brought a minor to a cockfight, distributed hydrocodone and conspired with others to facilitate cockfighting, was sentenced today in the United States District Court for the Western District of Virginia in Abingdon, Acting United States Attorney Rick A. Mountcastle announced.
Russell D. Peaks, 40, of Wise County, Virginia, previously pled guilty for his role in cockfighting at the Big Blue Sportsmen’s Club “Big Blue” in McDowell, Kentucky, including allowing a minor to be present at a cockfight, distribution of hydrocodone, and conspiring to facilitate cockfighting. Today in District Court, Peaks was sentenced to 24 months in federal prison.
According to evidence presented at previous hearings, Peaks raised fighting roosters at his home in the Pound, Virginia, area. He then took those birds to fight at Big Blue in McDowell, Kentucky. Peaks also fought birds in the Pound area. On one such occasion, Peaks allowed a minor to attend the fight. In 2014, Congress made it a felony to allow a minor to attend an animal fighting venture, which includes cockfighting. Peaks also sold hydrocodone to an undercover officer.
Five individuals previously convicted for their role at Big Blue were sentenced to terms of imprisonment ranging from 6 to 18 months. Another defendant, Jimmy Crate Willis, has signed a plea agreement and intends to plead guilty in the near future. The two remaining defendants are scheduled for trial at the Federal Courthouse in Big Stone Gap on December 12, 2016.
Assistant United States Attorney Randy Ramseyer and Special Assistant United States Attorney/Virginia Assistant Attorney General Michelle Welch are prosecuting these cases on behalf of the United States. The case is being investigated by the United States Department of Agriculture – Office of Inspector General, the Virginia Alcohol Beverage Control Bureau of Law Enforcement, and the Spotsylvania County Sheriff’s Office. In addition, the following agencies assisted in the arrests or related proceedings: Virginia Animal Fighting Task Force; Virginia State Police Tactical Team; Southwest Virginia Regional Task Force; Botetourt County Commonwealth’s Attorney’s Office; Wise County, Virginia, Sheriff’s Office and Commonwealth’s Attorney’s Office; Virginia State Veterinarian’s Office; United States Homeland Security Investigations; Kentucky State Police; the United States Attorney’s Office for the Eastern District of Kentucky; and the American Society for the Prevention of Cruelty to Animals.
72-Year-Old Sentenced on Prescription and Heroin Drug Distribution, Witness Tampering, and Health Care Fraud ChargesRead the Press Release
Roanoke, VIRGINIA – A Roanoke man, who used a drug rehabilitation program in the Roanoke City jail to obtain sex partners in exchange for drugs, was sentenced today on federal drug distribution, witness tampering, and health care fraud charges, Acting United States Attorney Rick A. Mountcastle announced.
Gordon Reaves Parker, 72, of Roanoke, Virginia, previously waived his right to be indicted and pled guilty to one count of conspiracy to distribute controlled substances, one count of tampering with a witness and one count of health care fraud. Today in District Court, Parker was sentenced to 60 months in federal prison and 3 years of supervised release thereafter. In addition, Parker was ordered to pay a fine of $20,000, restitution to Medicare in the amount of $1,262 and $275,000 immediate payment in lieu of forfeiture.
“Putting a stop to predators like Parker, who exploit vulnerable victims and who corruptly use programs designed to help those victims, is one of our office’s priorities. As a result of this case, Parker can no longer abuse vulnerable, drug-addicted young women through his corrupt manipulation of the Alpha drug program,” Acting United States Attorney Rick A. Mountcastle said today. “I commend the Virginia State Police, the Drug Enforcement Administration Tactical Diversion Squad, and AUSAs Waering and Day for their diligence and hard work in bringing Parker to justice.”
According to evidence presented at previous hearings by Assistant United States Attorney Jennie L. M. Waering, Parker used the Alpha drug rehabilitation program in the Roanoke County Jail as a mechanism for obtaining sex partners in exchange for drugs. Parker initially met victim HW, then 28, when she was residing at the Roanoke Rescue Mission. Parker offered HW drugs in exchange for sex. HW was subsequently arrested and placed in the Roanoke City Jail in the Alpha drug intervention program. Parker kept in touch with HW by phone and put significant amounts of money in HW’s jail account.
Parker has admitted to asking HW to introduce him to other young Alpha drug program inmates who might be released from jail before HW. HW introduced Parker to JM, age 20 at the time. JM, in turn, introduced Parker to BH, age 25 at the time. JM and BH talked to Parker extensively on the telephone from jail. Parker put large amounts of money on the jail accounts of JM and BH. JM and BH subsequently introduced Parker to several other Alpha drug program inmates.
Evidence presented previously showed that Parker eventually made contact with at least 11 women, between the ages of 18-27, many of whom he met while they were in jail in the Alpha drug program. Parker talked extensively to many of the women on the phone in conversations recorded by the jail and put money on their jail accounts. Parker promised these young women a variety of monetary gifts and promised to pay fines, child support and other expenses. Parker discussed sexual activities with them on the phone, describing what they would do together when they were released. When the women were released from jail, these women visited him at his Wipledale Avenue home and at his Rockbridge Court home, where he offered the women drugs (hydromorphone, oxycodone, morphine, oxymorphone, hydrocodone and heroin) and large monetary gifts in exchange for sex. This activity was repeated with more than ten drug addicted or recovering women and the drugs given to the women were obtained from prescriptions written for his disabled wife by a pain management physician.
In addition, Parker previously admitted that he asked a medical technician that cared for his wife and was in charge of distributing her pain medication, to lie to the federal grand jury to account for his use of the stockpiled controlled substances that were prescribed to his wife.
The investigation of the case was initiated by the Virginia State Police Bureau of Criminal Investigation and jointly conducted with the Drug Enforcement Administration Tactical Diversion Squad. Assistant United States Attorneys Jennie L. M. Waering and Charlene R. Day prosecuted the case for the United States.
Man Sentenced for Illegally Possessing a FirearmRead the Press Release
Roanoke, VIRGINIA – A Roanoke man, who was prohibited from possessing a firearm based on his previous criminal convictions, was sentenced today in the United States District Court for the Western District of Virginia in Roanoke on a federal firearms charge, Acting Untied States Attorney Rick A. Mountcastle announced.
Allah Truth Kelley, 39, of Roanoke, Va., previously pled guilty to one count of being a previously convicted felon illegally in possession of a firearm. Today in District Court, Kelley was sentenced to 78 months in federal prison.
According to evidence presented at previous hearings by Assistant United States Attorney Ashley B. Neese, Kelley was arrested and charged after a woman called 911 and told police Kelley refused to leave her residence. The caller also told police that Kelley had two firearms on his person. Police officers were able to locate Kelley’s rental car, at which time they initiated a traffic stop. During the traffic stop, officers smelled marijuana, conducted a search of the vehicle and found marijuana, as well as two, loaded semi-automatic handguns inside the glove compartment.
The investigation of the case was conducted by Bureau of Alcohol, Tobacco, Firearms and Explosives and The Roanoke City Police Department. Assistant United States Attorneys Ashley B. Neese and Jennie L. M. Waering prosecuted the case for the United States.
New Jersey Man Sentenced on Heroin ChargeRead the Press Release
Roanoke, VIRGINIA – A New Jersey man, who was dealing heroin in the City of Roanoke, was sentenced today in the United States District Court for the Western District of Virginia in Roanoke on a federal drug charges, Acting United States Attorney Rick A. Mountcastle announced.
Duane A. Andrews, 37, of Jersey City, New Jersey, previously pled guilty to one count of distribution of heroin. Today in District Court, Andrews was sentenced to 136 months in federal prison.
According to evidence presented at previous hearings by Assistant United States Attorney Andrew Bassford, Andrews was arrested and charged after selling heroin to a confidential law enforcement source.
The investigation of the case was conducted by the Drug Enforcement Administration, the Roanoke City Police Department, the Virginia State Police and the Roanoke HIDTA. Assistant United States Attorney Andrew Bassford prosecuted the case for the United States.