Western District of Virginia
Press releases recorded for this federal judicial district.
Roanoke Man Pleads Guilty to Federal Gun ChargeRead the Press Release
ROANOKE, VIRGINIA – United States Attorney John P. Fishwick Jr. announced today the guilty plea of a Roanoke man to a federal gun charge.
Clifton Deron Campbell, 38, of Roanoke, Va., pled guilty today in the United States District Court for the Western District of Virginia in Roanoke to one count of being a previously convicted felon illegally in possession of a firearm. At the time of sentencing, if it is determined that Campbell is to be considered an armed career criminal, he will face a mandatory minimum sentence of 180 months in federal prison.
“We will continue to work with our local, state and federal law enforcement partners to get illegal guns off the streets of our communities,” United States Attorney John P. Fishwick Jr. said today. “We know a key in keeping our communities safe is keeping illegal guns out of the hands of those who mean harm.”
The investigation of the case was conducted by the Federal Bureau of Investigation, the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Roanoke City Police Department. Assistant United States Attorney Donald R. Wolthuis prosecuted the case for the United States.
Roanoke Man Pleads Guilty to Federal Firearm ChargeRead the Press Release
ROANOKE, VIRGINIA – United States Attorney John P. Fishwick Jr. announced today the guilty plea of a Roanoke man to a federal firearms charge.
Pierce Yarnell Brown, 38, of Roanoke, Va., pled guilty last week in the United States District Court for the Western District of Virginia in Roanoke to one count of being a previously convicted felon illegally in possession of a firearm.
“The key to keeping the public safe it to take guns out of the hands of prohibited users like Mr. Brown,” United States Attorney John P. Fishwick Jr. said today. “We will continue to work to get illegal guns out of the communities of the Western District of Virginia.”
The investigation of the case was conducted by the Roanoke City Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives. Assistant United States Attorney Andrew Bassford prosecuted the case for the United States.
Mexican Native Sentenced on Illegal Reentry ChargeRead the Press Release
ROANOKE, VIRGINIA – United States Attorney John P. Fishwick Jr. announced today the sentencing of a man who previously pled guilty in the United States District Court for the Western District of Virginia in Roanoke to illegally reentering the United States after being previously deported.
Leobardo Antonio-Martinez, a.k.a. “Martin Hernandez Cruz,” and “Jose Antonio Francisco,” 33, of Mexico, previously pled guilty to one count of illegally reentering the United States after being previously deported. Last week in District Court, Antonio-Martinez was sentenced to 21 months in prison and three years of supervised release thereafter.
“This individual has been previously removed from the United States on several occasions. We must be vigilant in enforcing the immigration laws of the United States,” United States Attorney John P. Fishwick Jr. said today.
According to evidence presented at previous hearings by Assistant United States Attorney C. Patrick Hogeboom III, Antonio-Martinez was arrested by the Roanoke County Sheriff’s Office on September 20, 2015 for not having a driver’s license and hit and run. After further review, it was established that the defendant was a native and citizen of Mexico by virtue of birth and had been removed from the United States multiple times, including on June 16, 2009 from Laredo, Texas after being convicted of assault in the first degree in Dorchester County, Maryland and sentenced to fifteen years in prison. Antonio-Martinez was again removed on February 24, 2011 from Sasabe, Arizona and again on March 16, 2011 from Calexico, California.
The investigation of the case was conducted by Department of Homeland Security, Immigration and Customs Enforcement, Enforcement Removal Operations. Assistant United States Attorney C. Patrick Hogeboom III prosecuted the case for the United States.
Culpeper Man Sentenced for Robbing BankRead the Press Release
CHARLOTTESVILLE, VIRGINIA – A Culpeper, Virginia man, who was convicted last November for robbing a bank was sentenced today in the United States District Court for the Western District of Virginia in Charlottesville, United States Attorney John P. Fishwick Jr. announced.
Edward Lavon Ferris, 30, of Culpeper, Va., was convicted in November 2015, following a jury trial, of one count of aggravated bank robbery, one count of brandishing a firearm during that bank robbery, one count of being a previously convicted felon in possession of a firearm, one count of tampering with a witness and two counts relating to tampering with evidence.
Today in District Court, Ferris was sentenced to170 months of federal incarceration and five years of supervised release thereafter. The defendant was also ordered to pay $3,072 in restitution to the bank and a $600 special assessment to the court. Giovanni A. Waters, 32, of Culpeper, Va., was sentenced last week to 24 months in prison for his role in the robbery. Waters previously pled guilty to helping Ferris three weeks after the robbery by disposing of the gun and clothing used during the robbery.
“On January 6, 2015 the employees at SunTrust bank went to work like any other day. But instead of a productive day at their jobs, they were victimized by Mr. Ferris,” United States Attorney John P. Fishwick Jr. said today. “Today’s sentence shows just how a serious and violent a crime this bank robbery was and how many people it negatively affected.”
According to evidence presented at trial by Assistant United States Attorney Nancy S. Healey, on the morning of January 6, 2015, Ferris, while wearing a ski-mask, gloves, and a black North Face with the logos covered by tape, robbed a SunTrust Bank in Culpeper, Virginia at gunpoint while brandishing a Ruger .357 revolver. As shown in the bank surveillance film that was played during trial, the defendant, immediately after entering the bank, produced a revolver and pointed the gun at one or both of the tellers and proceeded to rob the bank before fleeing. During the trial, the jury heard recorded jail calls made to Waters during which Ferris asked Waters to remove the above-referenced items from his mother’s home. Other evidence also showed Ferris’ attempts to get one or more witnesses to lie.
The investigation of the case was conducted by the Federal Bureau of Investigation, the Culpeper Police Department, and the Culpeper County Sheriff’s Office. Assistant United States Attorney Nancy S. Healey prosecuted the case for the United States.
Mumbai, India, Man Sentenced on Misbranding ChargeRead the Press Release
HARRISONBURG, VIRGINIA – United States Attorney John P. Fishwick Jr. announced today the sentencing of Indian national who previously pled guilty to conspiring to import illegal prescription drugs into the United States.
Ummer Nishad, 27, of Mumbai, India, was sentenced last week in the United States District Court for the Western District of Virginia in Harrisonburg to imprisonment for a term of four months and ten days. He was also ordered to pay $7,500 in restitution and agreed to be removed to India following the completion of his prison term.
“Ensuring the health and safety of the citizens of the Western District of Virginia by prosecuting those who import misbranded drugs is one of the most crucial tasks my office can perform,” United States Attorney John P. Fishwick Jr. said today. “I am grateful for the hard work of the agents with the FDA for investigating this case and bringing charges against this individual.”
The investigation of the case was conducted by the U.S. Food and Drug Administration’s Office of Criminal Investigations. Assistant United States Attorney Randy Ramseyer prosecuted the case for the United States.
Major Methamphetamine Prosecution Sends Dozens to PrisonRead the Press Release
ROANOKE, VIRGINIA – The investigation into a major methamphetamine conspiracy that distributed large amounts of the drug unto Wythe County, Carroll County, Pulaski County, Grayson County, the City of Galax and part of North Carolina, concluded this week with the sentencing of the final, non-fugitive defendant, United States Attorney John P. Fishwick Jr. announced today.
Joseph Gentry, 34, of Low Gap, North Carolina, previously pled guilty to conspiracy to distribute 50 grams or more of methamphetamine. This week in District Court, Gentry was sentenced to 121 months of federal incarceration.
“These individuals brought thousands of pounds of methamphetamine into the Western District of Virginia from the West Coast and Mexico. They imported this poison into our communities and profited off the addiction of others,” United States Attorney John P. Fishwick Jr. said today. “It is a testament to the cooperation and professionalism of the law enforcement agencies that devoted the time and resources necessary to take down this conspiracy.”
Gentry is the last of more than 40 defendants convicted as a result of a long-running investigative operation conducted by the Virginia State Police, the Wythe County Sheriff’s Office, the Grayson County Sheriff’s Office, the Galax Police Department, the Carroll County Sherriff’s Office, the Pulaski County Sheriff’s Office and the Drug Enforcement Administration. The operation dismantled a methamphetamine distribution network that brought more than 1,800 pounds of methamphetamine into the area between 2010 and 2015. Most of this methamphetamine was brought to Western Virginia from California or Mexico.
Three defendants, Erika Ortiz, Olivia Moreno and Bianca Aroche, have been charged as being part of the conspiracy but are currently fugitives.
The investigation of the case was conducted the Virginia State Police, the Wythe County Sheriff’s Office, the Grayson County Sheriff’s Office, the Galax Police Department, the Carroll County Sherriff’s Office, the Pulaski County Sheriff’s Office and the Drug Enforcement Administration. Assistant United States Attorney Ashley B. Neese prosecuted the case for the United States.
Roanoke Man Sentenced on Gun ChargeRead the Press Release
ROANOKE, VIRGINIA – United States Attorney John P. Fishwick Jr. announced today the sentencing of a Roanoke man who previously pled guilty in the United States District Court for the Western District of Virginia in Roanoke to a federal gun charge.
Andrew D. Fluellen, 30, 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, Fluellen was sentenced to 46 months in prison.
“In order to keep our communities safe, we will continue to be vigilant in taking guns out of the hands of prohibited users like Mr. Fluellen,” United States Attorney John P. Fishwick Jr. said today.
According to evidence presented at previous hearings by Assistant United States Attorney Andrew Bassford, on the evening of April 18, 2015, officers with the Roanoke City Police and the Bureau of Alcohol, Tobacco, Firearms and Explosives were on foot patrol in the area of Lansdowne Apartments as part of Roanoke City’s violence prevention efforts. During that foot patrol officers observed Fluellen approaching them, however, as soon as the defendant saw the officers he immediately changed direction, turned and walked briskly between apartment buildings, as if to avoid the officers. The officers were curious about this course of action and followed Fluellen’s route.
Almost immediately officers discovered a pistol under a bush along the route the defendant had traveled. One officer stayed where the pistol had been found while the other officers searched for Fluellen. Shortly thereafter, Fluellen returned and walked directly toward where the pistol was located. As soon as Fluellen saw the officer guarding the pistol, he again made a sudden change of direction, walking away from the officer. Fluellen was arrested and later admitted that the pistol was his and that he had obtained it to protect his family.
The investigation of the case was conducted by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Roanoke City Police. Assistant United States Attorney Andrew Bassford prosecuted the case for the United States.
Pennington Gap Man Sentenced on Conspiracy to Defraud the IRSRead the Press Release
ABINGDON, VIRGINIA – United States Attorney John P. Fishwick Jr. announced today the sentence of a Pennington Gap man who previously pled guilty in the United States District Court for the Western District of Virginia in Abingdon.
William Ziehler, 38, of Pennington Gap, Va., previously pled guilty to one count of conspiracy to defraud the government. Yesterday in District Court, Ziehler was sentenced to 51 months in prison, to be followed by three years of supervised release.
“It is the duty of this Department of Justice to ensure the integrity of that tax paying system,” United States Attorney John P. Fishwick Jr. said today. “Prosecuting individuals who attempt to defraud that system maintains public trust and serves as example to what happens to those who willfully attempt to defraud the system.”
According to evidence presented in District Court, Ziehler and others participated in a sophisticated conspiracy to defraud the federal government. The scheme began when an inmate at a Tennessee state prison gathered personally identifiable information (including birth dates and social security numbers) belonging to other inmates, which he then used to complete Internal Revenue Service (IRS) Form 1040s. These Form 1040s contained false information, including false addresses outside of prison and false claims that the inmates were due a tax refund based on wages never earned by those inmates. Subsequently, these Form 1040s were sent to persons outside of the prison who then forwarded the Form 1040s to the IRS for processing. Based on these Form 1040s, the IRS issued tax refund checks in the names of these inmates. Many of these tax refund checks were cashed at banks throughout Southwest Virginia by persons using fraudulent power-of-attorney forms. Among other conduct, Ziehler has admitted to mailing false tax returns to the IRS and cashing the resulting tax refund checks using fraudulent power-of-attorney forms.
The investigation of the case was conducted by the Internal Revenue Service Criminal Investigation and United States Postal Inspection Service. Special Assistant United States Attorney Kevin Jayne prosecuted the case for the United States.
Roanoke Man Sentenced on Drug, Gun ChargesRead the Press Release
ROANOKE, VIRGINIA – United States Attorney John P. Fishwick Jr. announced today the sentencing of a Roanoke man who previously pled guilty in the United States District Court for the Western District of Virginia in Roanoke to federal drug and gun charges.
Thomas Sidney Draper, 52, of Roanoke, Va., previously pled guilty to one count of possessing with the intent to distribute 280 grams or more of cocaine base and one count of being a previously convicted felon illegally in possession of a firearm. Today in District Court, Draper was sentenced to 121 months of federal incarceration and five years of supervised release thereafter.
“The United States Attorney’s Office will continue to be vigilant in our mission to keep illegal guns and drugs off the streets of the Western District of Virginia,” United States Attorney John P. Fishwick Jr. said today.
The investigation of the case was conducted by the Bureau of Alcohol, Tobacco, Firearms and Explosives. Assistant United States Attorney Charlene R. Day prosecuted the case for the United States.
Florida Man Pleads Guilty to Tax ChargeRead the Press Release
ROANOKE, VIRGINIA – A Miami, Florida man, who prepared false tax returns for others without their consent, pled guilty yesterday in the United States District Court for the Western District of Virginia in Roanoke, United States Attorney John P. Fishwick Jr. announced today.
Audrey Obin, 36, of Miami, Fla., pled guilty this afternoon to Count One, conspiracy to obtain refunds from the filing of false tax returns. Two co-conspirators, Agwell Fayette and Darold Daniels are awaiting trial.
According to evidence presented at yesterday’s guilty plea hearing by Assistant United States Attorney C. Patrick Hogeboom III, Obin owed Vision Tax Services, an income tax preparation service located in Florida. Vision Tax Services filed tax returns electronically and Advent Financial processed the refund payments.
On or about June 11, 2012, Obin prepared and filed a Form 1040 for the 2011 tax year for K.L. The returned included K.L.’s name and social security number but the address listed was not hers. K.L. did not file the return or authorize anyone to file the return on her behalf. K.L. said she never spoke to Obin nor provided him with any of the information needed to prepare a tax return. She did, however, provide personal identifiers to Agwel Fayette, who told K.L. the information would be used to assist her in obtaining public assistance.
Obin admitted that he never met K.L. but was provided the personal identifiers by Darold Daniels. Obin charged $700 to prepare the tax return and sent the refund check to Roanoke, Virginia where it was deposited into a bank account controlled by Fayette.
On or about March 22, 2012, a 2011 Form 1040 was prepared and filed by Obin in C.R.’s name. C.R. resided in Roanoke, Virginia, but provided his personal identifiers to Fayette with the understanding that it was for potential employment purposes. Daniels provided the information to Obin, which was used to file a false tax return claiming a refund of $1,782. The refund check, minus $700 for the preparation fee to Obin, was cashed at a convenience store operated by Fayette.
The investigation of the case was conducted by Internal Revenue Service and United States Postal Service. Assistant United States Attorney C. Patrick Hogeboom III will prosecute the case for the United States.
Sugar Grove Woman Pleads Guilty to Weapons ChargeRead the Press Release
ABINGDON, VIRGINIA – United States Attorney John P. Fishwick Jr. announced today the guilty plea of a Sugar Grove, Virginia woman on an illegal weapons charge.
Toby Anne Mock, 44, of Sugar Grove, Va., waived her right to be indicted and pled guilty today in the United States District Court for the Western District of Virginia in Abingdon to a one count Information charging her with being a previously convicted felon illegally in possession of firearm.
“Keeping prohibited persons from possessing illegal firearms is a priority for this United States Attorney’s Office,” United States Attorney John P. Fishwick Jr. said today. “Keeping communities safe from violence starts with keeping illegal firearms off the streets, even if we have to do that one gun at a time.”
The investigation of the case was conducted by the Bureau of Alcohol, Tobacco, Firearms and Explosives. Special Assistant United States Attorney Kathleen Carnell is prosecuting the case for the United States.
Defendants Convicted for Racketeering Conspiracy to Commit Violent Robberies, Murder of Off-Duty Reserve Police OfficerRead the Press Release
ROANOKE, VIRGINIA – Following a three-week jury trial in the United States District Court for the Western District of Virginia in Roanoke, six individuals were convicted for their role in a RICO conspiracy that was responsible for the abduction and murder of a Waynesboro Police Department reserve officer, as well as multiple armed robberies and home invasions, United States Attorney John P. Fishwick Jr. announced today.
Daniel Lamont Mathis, 20, of Charlottesville, Va., Shantai Monique Shelton, 26, of Charlottesville, Va., Mersadies Lachelle Shelton, 22, of Charlottesville, Va., Anthony Darnell Stokes, 33, of Manassas, Va., Halisi Uhuru, 24, of Danville, Va., and Kweli Uhuru, 25, of Winchester, Va., were found guilty today following more than eight hours of jury deliberation in the United States District Court in Roanoke.
At trial, the evidence established that Halisi Uhuru, Anthony Stokes and Kweli Uhuru formed the 99 Goon Syndikate, a set of the Bloods criminal street gang, while in prison. All three were released from prison in 2013. Kweli Uhuru recruited his brothers and the Shelton/Mathis siblings to join the gang in the summer of 2013 by persuading them of the easy money and respect earned as a gang member. By October 2013, this violent criminal street gang began committing criminal acts throughout Central Virginia.
Over the ensuing months, the gang members robbed convenience stores, burglarized or robbed homeowners, sold narcotics and ultimately abducted and murdered Captain Kevin Quick of the Waynesboro Police Department Reserves. Tragically, Captain Quick was in the wrong place at the wrong time on the evening hours of January 31, 2014. Quick was on his way to visit his sick child at the same time the gang wanted to commit a carjacking. When he arrived in the parking lot and exited his vehicle, the gang members abducted the unarmed Captain Quick at gunpoint and drove him to Fluvanna, where they forced him to disclose his ATM PIN code at gunpoint. After obtaining his code, the gang members took him into the woods and shot and killed him.
Two days later, gang members Daniel Mathis and Mersadies Shelton attempted to rob a Louisa homeowner who fought back after Mathis threatened a toddler and pistol whipped a female at the residence. During the melee, Mathis lost the magazine to his .40 caliber pistol and shot one of the residents while he escaped. The gang members then reached out to their leadership in Northern Virginia in an effort to escape to Montana. Halisi Uhuru sent Anthony Stokes from Manassas to Louisa in the middle of the night to bring the fellow gang members away from the scene of their crimes.
While in Northern Virginia, the leadership provided the gang members with food, shelter and helped them destroy evidence associated with the murder of Captain Quick, including the murder weapon. Law enforcement caught up with them the night they planned to escape to Montana on February 4, 2014. Two days later, Captain Quick’s body was found off a remote logging road in Goochland County, Virginia.
“The investigation and prosecution of this dangerous group of Bloods street gang members is an example of the commitment of my office and the Department of Justice to addressing violent crime and the proliferation of gangs in our community,” United States Attorney John P. Fishwick Jr. said today. “The federal RICO statute allowed us to try thirteen violent crimes from six jurisdictions in one trial. The verdict today is a testament to the type of critically important work that can be done when local, state and federal officials come together to keep our neighborhoods safe. This case sends a message that participating in gang activity leads to nowhere but prison. We will continue to work with our community partners to keep young people away from street gangs and toward more positive pursuits.”
“This case clearly illustrates the threat of national gangs to our nation and defeats the notion that violent street gangs are confined to the inner-city. The senseless murder of Officer Kevin Quick – someone who chose the professional path of keeping people safe – demonstrates the misery and destruction gangs bring to our communities,” said Adam S. Lee, Special Agent in Charge of the FBI’s Richmond Field Division. “I want to thank the United States Attorney’s Office for their expertise in bringing the prosecution to a successful conclusion. I want to thank the Virginia State Police and the Waynesboro Police Department for their partnership. I would also like to thank the FBI special agent who spearheaded this investigation and navigated significant obstacles as part of investigating a vicious and notorious national gang.”
“This investigation, with its breadth and complexities, is a leading example of what can be accomplished by the cooperative, determined efforts of so many at the local, state and federal levels,” said Col. W. Steven Flaherty, Virginia State Police Superintendent. “We thank the jury for their astute attention and dedication to justice for Kevin Quick and the multitude of others impacted by these crimes.”
“This gang terrorized our small rural community for five months and today justice was served on behalf of Kevin Quick and 23 victims across Central Virginia. Nothing can change the scars left by the actions of this group but we hope the families and victims can move on knowing that eight hours of jury deliberation, more than three weeks of trial and over 10,000 hours of investigation delivered justice” said Rusty E. McGuire.
“On Superbowl Sunday, a Louisa resident fought back against a group of thugs who tried to rob his family. Our worst fears came true when we realized the vehicle driven by the robbers turned out to be Captain Quick’s SUV. Since then the most professional team of investigators and prosecutors have worked together to bring justice for the victims and the family of Captain Quick” said Louisa Sheriff Ashland Fortune.
“It is our sincere hope that today’s jury verdict will finally allow the friends and family of Kevin Wayne Quick to begin healing from this tragic loss,” said Waynesboro Police Chief Michael D. Wilhelm. “We would also like express our gratitude to the prosecution and investigative teams as well as the members of the jury for the sacrifices they made to bring this case to justice.”
The investigation of the case was conducted by the Virginia State Police, the Federal Bureau of Investigation, the Louisa County Sheriff’s Office, the Albemarle County Police Department, the Charlottesville City Police Department, the Waynesboro Police Department, the Henrico County Police Department, the Gordonsville Police Department, the Goochland County Commonwealth’s Attorney’s Office, the Fluvanna County Commonwealth’s Attorney’s Office and the Prince William County Police Department. Assistant United States Attorneys Ronald M. Huber, Christopher Kavanaugh and Louisa County Commonwealth’s Attorney and Special Assistant United States Attorney Rusty E. McGuire prosecuted the case for the United States. Victim and Witness specialists with the United States Attorney’s Office, assisted by Victim and Witness specialists from the FBI, Albemarle County and Louisa County, provided substantial assistance in support of the prosecution.
Mount Jackson Man Pleads Guilty to Cocaine ChargeRead the Press Release
HARRISONBURG, VIRGINIA – United States Attorney John P. Fishwick Jr. announced today the guilty plea of a Mount Jackson man to a federal cocaine charge.
Victor Enrique Velez-Sellas, 31, of Mount Jackson, Va., waived his right to be indicted and pled guilty yesterday in the United States District Court for the Western District of Virginia in Harrisonburg to one count of conspiring to distribute 500 grams or more of cocaine.
“It is a priority of the United States Attorney’s Office to prosecute those individuals who distribute illegal drugs in our communities,” United States Attorney John P. Fishwick Jr. said today.
According to evidence presented at yesterday’s guilty plea hearing by Assistant United States Attorney Jeb Terrien, between 2013 and February 2015 Velez-Sellas participated in a conspiracy to distribute cocaine. The defendant often obtained drugs from sources in Puerto Rico, North Carolina and West Virginia. He then sold the drugs, or provided them on consignment, to other drug dealers located in and around Winchester, Virginia.
Velez-Sellas was arrested on February 18, 2015 by law enforcement officer on Interstate 81 in Frederick County, Virginia while the defendant was in the process of traveling to make a sale of cocaine. At the time of his arrest, the defendant was in possession of a digital scale, a Ruger P89 9mm pistol and 568.2 grams of cocaine.
The investigation of the case was conducted by the Drug Enforcement Administration and the Northwest Virginia Regional Drug and Gang Task Force. Assistant United States Attorney Jeb Terrien is prosecuting the case for the United States.
Mark Berger Convicted of Drug TraffickingRead the Press Release
LYNCHBURG, VIRGINIA – United States Attorney John P. Fishwick Jr. announced today that following a jury trial in the United States District Court for the Western District of Virginia in Lynchburg, Mark Berger has been convicted on federal drug trafficking charges.
Mark Andrew Berger, 42, of Roanoke, Va., was convicted yesterday evening following a jury trial in United States District Court in Lynchburg. Berger was convicted of conspiracy to traffic in cocaine.
“The United States Attorney’s Office continues to be vigilant in our investigation and prosecution of drug trafficking offenses,” United States Attorney John P. Fishwick Jr. said today. “This conviction shows our commitment to making our communities safer by taking those individuals who distribute illegal drugs off our streets.”
According to evidence presented at trial by Assistant United States Attorney Donald Wolthuis, Berger, and others, conspired to distribute cocaine between 2000 and February 2015. Berger also maintained a property, specifically 1118 Tompkins Avenue in Roanoke, Va., for the purpose of manufacturing, distributing and using crack cocaine.
The investigation of the case was conducted by Bureau of Alcohol, Tobacco, Firearms and Explosives. Assistant United States Attorney Donald Wolthuis prosecuted the case for the United States.
Man Pleads Guilty to Drug, Gun ChargesRead the Press Release
DANVILLE, VIRGINIA – United States Attorney John P. Fishwick Jr. announced that a local man pled guilty yesterday in the United States District Court for the Western District of Virginia in Danville to drug and gun charges.
Gordon Lawrence Penn, 62, Martinsville, Va., pled guilty yesterday to one count of possession with the intent to distribute cocaine and one count of possessing a firearm in furtherance of a drug trafficking crime.
“The United States Attorney’s Office will continue to prosecute those individuals who deal in illegal drugs and possess illegal firearms,” United States Attorney John P. Fishwick. “Keeping drugs off our streets is paramount to keeping our communities safe.”
The investigation of the case was conducted by the Martinsville Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives. Assistant United States Attorney Andrew Bassford is prosecuting the case for the United States.
Lynchburg Woman Pleads Guilty to Fraud ChargesRead the Press Release
LYNCHBURG, VIRGINIA – United States Attorney John P. Fishwick Jr. announced today the guilty plea of a Lynchburg woman charged with a variety of fraud charges.
Catherine Pankey, 62, of Lynchburg, Va., pled guilty today in the United States District Court for the Western District of Virginia in Lynchburg to one count conspiracy to commit mail and wire fraud and two counts of student loan fraud.
“Today’s conviction holds accountable a number of individuals who committed a variety of frauds,” United States Attorney John P. Fishwick Jr. said today. “The United States Attorney’s Office will continue to pursue federal charges in cases involving financial fraud.”
The investigation of the case was conducted by The investigation of the case was conducted by the United States Department of Education- Office of the Inspector General, the United States Secret Service, the Virginia State Police, the Campbell County Sheriff’s Office and the Lynchburg Police Department. Assistant United States Attorney Jennifer R. Bockhorst will prosecute the case for the United States. Assistant United States Attorney Jennifer Bockhorst is prosecuting the case for the United States.
Local Woman Pleads Guilty to Counterfeit ChargesRead the Press Release
ABINGDON, VIRGINIA – United States Attorney John P. Fishwick Jr. announced today that a local woman has pled guilty to a pair of counterfeiting charges in the United States District Court for the Western District of Virginia in Abingdon last Friday.
Kendra Lane Dalton, 38, pled guilty last week to two counts of attempting to use counterfeit United States.
“No matter the scale of the operation, bringing charges against those who attempt to undermine our financial system by counterfeiting money must be taken seriously,” United States Attorney John P. Fishwick Jr. said today.
Last week in District Court, Dalton admitted to attempting to pass counterfeit U.S. currently on two separate occasions, November 8, 2015 and November 9, 2015.
The investigation of the case was conducted by the Washington County Sheriff’s Office and the United States Secret Service. Assistant United States Attorney Jennifer Bockhorst is prosecuting the case for the United States.
Local Man Pleads Guilty to Methamphetamine ChargesRead the Press Release
ROANOKE, VIRGINIA – United States Attorney John P. Fishwick Jr. announced today the guilty plea of a local man charged in the United States District Court for the Western District of Virginia in Roanoke to drug charges.
Derek Ryan McGhee, 38, Roanoke, Va. pled guilty yesterday in District Court to conspiracy to distribute methamphetamine.
“Methamphetamine is a drug that has ravaged parts of Southwest Virginia for years. The United States Attorney’s Office will continue to identify and prosecute those individuals who distribute this dangerous substance,” United States Attorney John P. Fishwick Jr. said today.
The investigation of the case was conducted by the Drug Enforcement Administration, the Bureau of Alcohol, Tobacco and Firearms and the Virginia State Police. Assistant United States Attorney Andrew Bassford is prosecuting the case for the United States.
Elkton Man Sentenced on Methamphetamine ChargesRead the Press Release
HARRISONBURG, VIRGINIA – United States Attorney John P. Fishwick Jr. announced today the sentencing of an Elkton man who was previously convicted of distributing methamphetamine.
Mark Anthony Rome Elliott, 38, of Elkton, Va., pled guilty in August 2015 to one count of possessing with the intent to distribute 500 grams or more of a substance containing methamphetamine. Today in the United States District Court for the Western District of Virginia in Harrisonburg, Elliott was sentenced to 168 months of federal incarceration, a sentence agreed to as part of his plea agreement.
“Methamphetamine continues to be a problem throughout the Western District of Virginia. The United States Attorney’s Office, along with our partners in law enforcement, will continue to prosecute those individuals who distribute this dangerous substance,” United States Attorney John P. Fishwick Jr. said today.
The investigation of the case was conducted by the Federal Bureau of Investigation, the RUSH Task Force and the Northwest Virginia Regional Drug Task Force. Assistant United States Attorney Grayson Hoffman prosecuted the case for the United States.
Martinsville Man Pleads Guilty to Firearm ChargeRead the Press Release
DANVILLE, VIRGINIA – United States Attorney John P. Fishwick Jr. announced that Kelly Johnson pled guilty today in the United States District Court for the Western District of Virginia in Danville to a federal gun charge.
Kelly Lovon Johnson, 29, of Martinsville, Va. pled guilty today to one count of possessing a firearm in furtherance of a drug trafficking offense.
“Keeping firearms out of the hands of individuals who have lost their legal right to possess a weapon is paramount to improving community safety,” United States Attorney John P. Fishwick Jr. said today.
According to evidence presented at trial by Assistant United States Attorney Andrew Bassford, Johnson, who is a previously convicted felon, was found to be illegally in possession of a firearm while also in possession of marijuana.
The investigation of the case was conducted by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Martinsville Police Department. Assistant United States Attorney Andrew Bassford prosecuted the case for the United States.
Abingdon Man Sentenced on Tax ChargesRead the Press Release
ABINGDON, VIRGINIA – The former owner of Wat-Co, a Washington County metal fabricating business, was sentenced today in the United States District Court for the Western District of Virginia in Abingdon on tax charges.
Thomas Leroy Watson, 58, of Abingdon, Va., previously pled guilty to one count of failing to collect and pay taxes. United States District Judge James P. Jones sentenced Watson to federal prison for a term of 18 months.
“Paying taxes is part of our civic duty as American citizens,” United States Attorney John P. Fishwick Jr. said today. “We must continue to make sure all private citizens and business owners pay the proper amount of tax.”
Watson failed to pay payroll taxes for his employees between 2010 and the first quarter of 2012. Accordingly, he was ordered to pay restitution in the amount of $110,822.54.
The investigation of the case was conducted by the Internal Revenue Service – Criminal Investigation. Assistant United States Attorney Randy Ramseyer prosecuted the case for the United States.
Tennessee Man Pleads Guilty to Misbranding ChargeRead the Press Release
ABINGDON, VIRGINIA – A Elizabethton, Tennessee man pled guilty today in the United States District Court for the Western District of Virginia in Abingdon to a drug misbranding charge, United States Attorney John P. Fishwick Jr. announced today.
Cecil A. McConnell III, 44, of Elizabethton, Tenn., was charged in a superseding indictment returned in October 2015 with a number of drug-related charges. Today in District Court, McConnell pled guilty to one count of misbranding a drug.
“The United States Attorney’s Office will continue to be vigilant in the prosecution of all illegal drugs, including analogues and other misbranded substances,” United States Attorney John P. Fishwick Jr. said today.
At sentencing, McConnell faces a maximum possible penalty of up to three years in prison and/or a fine of up to $10,000. The maximum statutory sentence is prescribed by Congress and is provided here for informational purposes. The sentencing of the defendant will be determined by the court based on the advisory sentencing guidelines and other statutory factors.
The investigation of the case was conducted by the Virginia State Police, the Southwest Virginia Drug Task Force in Big Stone Gap, the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Drug Enforcement Administration, the Alachua County, Florida, Sheriff’s Office, the Wise County Sheriff’s Office and the Scott County Sheriff’s Office. Assistant United States Attorney Zachary Lee is prosecuting the case for the United States.
Danville Man Pleads Guilty to Manufacturing and Distributing Illegal Dietary SupplementsRead the Press Release
ABINGDON, VIRGINIA – A Danville business owner, who manufactured and shipped illegal pro-hormones, designer steroids, throughout the United States, pled guilty today in the United States District Court for the Western District of Virginia in Abingdon.
Steven Donald Wood, 37, of Danville, Va., waived his right to be indicted today and pled guilty to a one count Information charging him with illegally distributing misbranded drugs in interstate commerce. Wood agreed to forfeit $1.5 million in U.S. currency to the Government and has paid the forfeiture obligation in full prior to pleading guilty. Wood will be sentenced on May 17, 2016, at 10:30 a.m.
“The misbranding of drugs is a serious offense that puts those who ingest these substances in danger,” United States Attorney John P. Fishwick Jr. said today. “I am grateful to our law enforcement partners who continue to investigate the misbranding of these powerful steroids.”
Wood, through his business entities Competitive Edge Labs, LLC, and MKZ Exports, LLC, caused the manufacture and distribution of large amounts of dietary supplements, specifically “pro-hormones,” a new generation of steroids not specifically listed as an anabolic steroid under the Controlled Substances Act. 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, who forfeited $1.6 million, will be sentenced in Abingdon on March 9, 2016, at 2:30 p.m.
Atkins, Va. Man Sentenced on Methamphetamine ChargesRead the Press Release
ABINGDON, VIRGINIA – United States Attorney John P. Fishwick Jr. announced today the sentencing of a man who previously pled guilty to charges related to the manufacturing and distribution of methamphetamine.
Stanley Martin Frye, 40, of Atkins, Va., pled guilty in March 2015 to one count of manufacturing, distributing and possessing with the intent to distribute methamphetamine. Today in the United States District Court for the Western District of Virginia in Abingdon, Frye was sentenced to 24 months of federal incarceration to be followed by three years of supervised release.
“We must continue to fight the scourge of drug abuse and addiction in the Western District of Virginia,” United States Attorney John P. Fishwick Jr. said today. “It is the mission of the United States Attorney’s Office to prosecute those who distribute these dangerous substances and provide support to those groups that help treat the drug addicted in our communities.”
The investigation of the case was conducted by The investigation of the case was conducted by the Washington County Sheriff’s Office, Russell County Sheriff’s Office, Tazewell County Sheriff’s Office, Smyth County Sheriff’s Office, Bristol, Virginia Sheriff’s Office, Abingdon Police Department, Bristol, Virginia Police Department, Virginia State Police, United States Marshals Service, Bureau of Alcohol, Tobacco, Firearms and Explosives, and the Drug Enforcement Administration. Special Assistant United States Attorney Kevin Jayne prosecuted the case for the United States.
Bristol, Tennessee Man Sentenced for Role in Meth ConspiracyRead the Press Release
ABINGDON, VIRGINIA – A Bristol, Tennessee man, previously convicted of methamphetamine charges, was sentenced today in the United States District Court for the Western District of Virginia in Abingdon.
Roy Clyde Newton III, 52, of Bristol, Tenn., pled guilty in October 2015 to one count of conspiring to possess with the intent to distribute methamphetamine. Today in District Court, Newton was sentenced to 37 months of federal incarceration to be followed by three years of supervised release.
“This case is an example of how law enforcement has pushed back against the recent resurgence of methamphetamine cases in the Western District of Virginia,” United States Attorney John P. Fishwick Jr. said today. “We will continue to prosecute those who manufacture and distribute this dangerous substance.”
The investigation of the case was conducted by the Bristol Office of the Bureau of Alcohol, Tobacco, Firearms, and Explosives, the Bristol Office of the Drug Enforcement Administration, the Virginia State Police, the Sheriff's Offices of Washington County, Russell County, Tazewell County, and Smyth County, the Commonwealth's Attorney's Offices of Russell County and Tazewell County and the police departments of Abingdon and Lebanon. Special Assistant United States Attorney Kevin Jayne prosecuted the case for the United States.
Lebanon Resident Sentenced for Role in Methamphetamine ConspiracyRead the Press Release
ABINGDON, VIRGINIA – United States Attorney John P. Fishwick Jr. announced today the sentencing of a local man who was previously convicted of conspiring to possess with the intent to distribute methamphetamine. The defendant was sentenced this afternoon in the United States District Court for the Western District of Virginia in Abingdon.
Timothy Joseph Fields, 60, of Lebanon, Virginia, pled guilty in November 2015 to one count of conspiracy to possess with the intent to distribute methamphetamine. Today in District Court, Fields was sentenced to 108 months of federal incarceration.
“We must be vigilant in the continued enforcement of our nation’s drug laws,” United States Attorney John P. Fishwick Jr. said today. “I am thankful to our partners in the law enforcement community who worked to bring about this conviction.”
The investigation of the case was conducted by the Bristol Office of the Bureau of Alcohol, Tobacco, Firearms, and Explosives, the Bristol Office of the Drug Enforcement Administration, the Virginia State Police, the Sheriff's Offices of Washington County, Russell County, Tazewell County, and Smyth County, the Commonwealth's Attorney's Offices of Russell County and Tazewell County and the police departments of Abingdon and Lebanon. Special Assistant United States Attorney Kevin Jayne prosecuted the case for the United States.
United States Attorney’s Office Releases Tips to Keep Kids Safe OnlineRead the Press Release
ROANOKE, VIRGINIA – United States Attorney John P. Fishwick Jr. released today a list of tips that parents, teachers, caregivers, and others, can use to help keep children safe online. Today’s tips, in conjunction with the offer of free community training sessions, continues the United States Attorney’s Office mission of not only prosecuting those who exploit children but also being a community leader in education and prevention.
“The amount of technology our children have access to expands almost daily. It is nearly impossible for parents to keep up with every website or social media portal their children visit, which is why we, as parents, must be vigilant in protecting our children from online exploitation,” United States Attorney John P. Fishwick said today. “In our office we have experts who not only prosecute these cases but also train parents, and other community members, to help keep our kids safe online.”
U.S. Attorney Fishwick, along with Project Safe Childhood Coordinator and Assistant United States Attorney Nancy S. Healey, offered the attached “Tips for Keeping Kids Safe Online” as a basic resource for parents, and others, who are looking for some first steps to take in keeping children safe online.
The U.S. Attorney also announced today that in the coming weeks and months he, along with AUSA Healey and others, will be offering free training for parents, teachers, school groups, and other interested community groups, looking to learn more about the online dangers children encounter on a daily basis and how to keep kids safe online. These presentations can be tailored for length and audience and offer a plethora of information dealing with the subject of online safety.
“This is a topic every parent needs to be up-to-date on,” AUSA Healey said today. “Unfortunately, there are many places our kids are going online that parents simply aren’t informed enough about. Our kids are also posting questionable pictures online and communicating with people they don’t always know. I hope through these tips and our trainings that we can help parents better understand the online world our children are encountering.”
For more information or to schedule a free training session, please contact Brian McGinn, 434-293-4283, [email protected]. Groups of all sizes are encouraged to reach out.
Virginia Electrician Arraigned on Tax ChargesRead the Press Release
ROANOKE, VIRGINIA – A former Cumberland, Virginia, resident was arraigned in federal court in Roanoke, Virginia, on Feb. 3, on a seven-count indictment charging him with tax evasion, corruptly endeavoring to impede and impair the due administration of the internal revenue laws and failure to file tax returns, Acting Assistant Attorney General Caroline D. Ciraolo of the Justice Department’s Tax Division and U.S Attorney John P. Fishwick, Jr. of the Western District of Virginia announced today.
According to the indictment, which was returned in June 2015 and unsealed in December 2015, Richard Alex, a self-employed low-voltage electrician, had not filed a timely or valid federal income tax return in more than a decade. For tax years 1998 and 2000 through 2003, Alex filed a tax return on which he falsely claimed that he had not earned any income. For tax years 2004 through 2013, Alex failed to file any tax returns despite earning gross income in excess of the filing requirement and receiving numerous warnings and notices from the Internal Revenue Service (IRS).
The indictment further alleges that, to prevent the IRS from collecting his unpaid taxes, Alex attempted to conceal his assets and income by establishing nominee businesses to conceal his gross income and using bank accounts held in the names of nominees to receive income. Alex also provided false information to a tax return preparer for the purpose of preparing federal tax returns for Alex’s nominee entity, Cole Data Services.
Alex’s detention hearing is tomorrow before U.S. Magistrate Judge Robert S. Ballou. Trial is set for April 11 before U.S. District Judge Norman K. Moon. If convicted, Alex faces a statutory maximum sentence of five years in prison for the tax evasion count, three years in prison for the charge of corruptly endeavoring to impede and impair the due administration of the internal revenue laws and one year in prison for each count of failure to file a tax return. He is also subject to a fine and restitution.
An indictment merely alleges that crimes have been committed and the defendant is presumed innocent until proven guilty beyond a reasonable doubt.
Acting Assistant Attorney General Ciraolo and U.S. Attorney Fishwick Jr. commended special agents of IRS Criminal Investigation, who investigated the case and Trial Attorney Sean Beaty of the Tax Division and Assistant U.S. Attorney C. Patrick Hogeboom of the Western District of Virginia, who are prosecuting the case.
Local Man Sentenced on Federal ChargesRead the Press Release
CHARLOTTESVILLE, VIRGINIA – A man who previously lived in Albemarle and Fluvanna counties and is a registered sex offender for previous convictions regarding child pornography, was sentenced today in the United States District Court for the Western District of Virginia in Charlottesville on a pair of federal charges to which he recently pled guilty.
Matthew Cody Williamson, 28, of Palmyra, Virginia, pled guilty in 2015 to one count of using a means of interstate commerce (including a cell phone) to persuade, induce, entice or coerce an individual under the age of 18 to engage in sexual activity and one count of committing one or more specified felony offenses involving a minor while being a registered sex offender.
Today in District Court, Williamson was sentenced to 15 years in federal prison and a lifetime of supervision thereafter.
“Protecting children from being sexually exploited, especially being exploited by repeat offenders like in this case, is of paramount importance to the United States Attorney’s Office,” United States Attorney John P. Fishwick Jr. said today. “We must continue to work with our federal, state and local partners to investigate and prosecute these cases while also educating the community on how to keep kids safe online.”
According to evidence presented at previous hearings by Assistant United States Attorney Nancy S. Healey, Williamson, who has previous child pornography convictions and is a registered sex offender, came to the attention of law enforcement in 2012 when the mother of a 14-year-old Canadian boy found sexually explicit pictures and communications with an adult male, later identified as Williamson, on her son’s phone.
An examination of the phone revealed that Williamson and the boy had been communicating via the internet and that during the course of those communications the defendant had sent the minor-boy pictures of himself with an erect penis, videos of him masturbating and other explicit images and videos. Further examination showed that Williamson encouraged the boy to send explicit images of himself to Williamson, who at the time was living in Fluvanna County. Details of the communications clearly showed that Williamson was aware the boy he was communicating with was a minor.
The investigation of the case was conducted by the Federal Bureau of Investigation and Canada’s Southern Alberta Internet Child Exploitation Unit. Assistant United States Attorney Nancy S. Healey prosecuted the case for the United States.
Roanoke Man Sentenced for Making False StatementRead the Press Release
ROANOKE, VIRGINIA – A Roanoke man, who previously pled guilty to willfully making a false statement to an agent with the Federal Bureau of Investigation, was sentenced today in the United States District Court for the Western District of Virginia in Roanoke.
Shane G. Eaton, 21, of Roanoke, Va., previously waived his right to be indicted and pled guilty to a one count Information charging him with willfully making a false statement in a matter within the jurisdiction of the executive branch of the government of the United States. Today in District Court, Eaton was sentenced to 14 days in jail to be followed by 30 days of supervised release. The defendant was also fined $200 and ordered to pay a $100 special assessment.
“Mr. Eaton falsely accused an ex-girlfriend of making threats against the President of the United States and of her intentions to join a known terrorist organization,” United States Attorney John P. Fishwick Jr. said today. “We take the act of making false statements to law enforcement extremely seriously. The actions of this defendant wasted valuable federal resources and subjected an innocent person to the scrutiny of a federal investigation.”
According to evidence presented at previous hearings by Assistant United States Attorney Daniel Bubar, on March 12, 2015 Eaton walked into the downtown Roanoke offices of the Federal Bureau of Investigation and made a statement to an agent there that his ex-girlfriend made threats against the life of the President of the United States and planned to join ISIS.
During interviews with Eaton’s ex-girlfriend and her mother, agents determined that Eaton’s original statements were false. In subsequent interviews with Eaton, conducted on March 16, 2015 by agents with the FBI and the United States Secret Service, Eaton admitted that his prior statements were not truthful and that he lied about his ex-girlfriend in order to get her into trouble. In a Mirandized statement, Eaton wrote, “I lied to the agent,” and “Sorry for what I had done.”
The Investigation of the case was conducted by the Federal Bureau of Investigation, the United States Secret Service, the Virginia State Police and the Roanoke City Police Department. Assistant United States Attorney Daniel Bubar prosecuted the case for the United States.
Roanoke Chemical Distributor, Chem-Solv Inc., Pleads Guilty to Illegally Storing and Transporting Hazardous Waste and Agrees to Pay $1.5 Million in PenaltiesRead the Press Release
Chem-Solv Inc. (Chem-Solv), formerly known as Chemicals & Solvents Inc., pleaded guilty today to illegally storing hazardous waste at its facility in Roanoke, Virginia, and to illegally transporting hazardous waste from that facility to another location, Assistant Attorney General John C. Cruden for the Department of Justice’s Environment and Natural Resources Division and U.S. Attorney John P. Fishwick of the Western District of Virginia announced today.
As a part of the plea agreement, Chem-Solv has agreed to pay a $1 million criminal fine for these violations, as well as an additional $250,000 to fund environmental community service projects. Chem-Solv has agreed to serve five years’ probation, during which time it must develop and implement an environmental compliance plan and be subjected to yearly independent environmental audits. In conjunction with the criminal settlement, the U.S. Environmental Protection Agency has reached a civil settlement with Chem-Solv that requires the company to pay a $250,000 penalty to settle alleged violations of improper hazardous waste storage at Chem-Solv’s Roanoke facility.
Chem-Solv operates a chemical blending and distribution facility on Industry Avenue S.E. in Roanoke as well as distribution facilities in Colonial Heights, Virginia, Rock Hill, South Carolina, and Piney Flats, Tennessee. Chem-Solv is in the business of purchasing chemicals and then reselling them to customers, either directly or after repackaging. As part of its ordinary business practices, Chem-Solv generated hazardous waste. A hazardous waste is waste which, because of its designation, quantity, concentration, or characteristics, poses a substantial present or potential hazard to human health or the environment.
Count one of the information is based on a spill of several hundred gallons of ferric chloride – a hazardous substance – on the Chem-Solv facility in Roanoke in June 2012. Although most of the waste was cleaned up using vacuum trucks, some of the ferric chloride flowed from the Chem-Solv facility onto an adjoining property both before, and during, the cleanup. The pleadings allege that the adjoining property owner was not notified that ferric chloride had leaked onto their property. Chem-Solv then employed a waste transportation company to transport the waste to a disposal facility. Hazardous waste may only be transported by permitted carriers, and it must be properly placarded and be accompanied by a hazardous waste manifest identifying the waste and its characteristics. The pleadings allege that, although Chem-Solv was aware of the hazardous nature of ferric chloride, it did not properly test the waste and instructed the transporter to transport the waste as non-hazardous, without the proper placards and manifests.
Count two of the information charges Chem-Solv with the improper storage of hazardous waste. Chem-Solv was given advance notice of an EPA inspection in December 2013. At the time the advance notice was given, Chem-Solv was storing numerous containers of chemical waste on its facility that should have been disposed of properly. The pleadings allege that Chem-Solv directed its employees to load three trailers with the chemical waste in an attempt to prevent EPA inspectors from discovering it. Two of the three trailers were taken offsite. The third trailer, which was not road worthy, was stored on the Chem-Solv property for almost a year and its contents were discovered by law enforcement officers on Nov. 19, 2014, while executing a search warrant. That trailer was found to contain hazardous waste that Chem-Solv did not have a permit to store on its facility.
“With this plea agreement, Chem-Solv has an opportunity to put its egregious conduct behind it and learn from these mistakes by developing a strong environmental compliance plan, as required,” said Assistant Attorney General Cruden. “The Justice Department and our federal partners will continue to investigate and prosecute anyone whose illegal conduct puts workers and the public at risk of harm from hazardous and toxic materials.”
“A corporation’s concern with the bottom line profit can cause it to cut corners by attempting to circumvent laws that are intended to protect the community and the environment,” said U.S. Attorney Fishwick. “The prosecution of Chem-Solv should send a strong message that such corporate actions will not be tolerated and will be punished.”
“The chemicals in this case are toxic, highly corrosive and acidic, and today’s plea demonstrates that when companies put the public at serious risk, they will be held accountable for their actions,” said Assistant Special Agent in Charge Jennifer Lynn of EPA’s criminal enforcement program in Virginia.
“The guilty plea entered today by Chem-Solv for illegally storing and transporting hazardous waste is a clear signal to those that would seek to circumvent or disregard transportation-related laws and regulations that there are serious repercussions for doing so,” said Regional Special Agent in Charge William Swallow of the U.S. Department of Transportation Office of Inspector General.
The investigation was conducted by Special Agents of EPA’s Criminal Investigation Division and the U.S. Department of Transportation’s Office of Inspector General. Assistance in the investigation was provided by the Virginia Department of Environmental Quality, Roanoke City Police Department and the Roanoke Fire-EMS Department and the Blue Ridge Environmental Task Force. The prosecution was handled by Assistant U.S. Attorney Jennie L. M. Waering, Senior Trial Attorney James B. Nelson of the Department of Justice’s Environmental Crimes Section, and EPA Regional Criminal Enforcement Counsel David Lastra.
Chem-Solv Plea Agreement
Chem-Solv Statement of Facts
John P. Fishwick Jr. Sworn in as United States Attorney for the Western District of VirginiaRead the Press Release
ROANOKE, VIRGINIA – In a short ceremony Monday morning, John P. Fishwick Jr. was sworn in as United States Attorney for the Western District of Virginia.
United States District Court Chief Judge E. Glen Conrad administered the oath of office this morning at the federal courthouse in Roanoke, Virginia. A public investiture commemorating the appointment will be held in January 2016.
U.S. Attorney Fishwick, 58, of Roanoke, Va., earned an undergraduate degree from Harvard University and his J.D. from Washington and Lee University. Upon graduation from law school Mr. Fishwick clerked for then U.S. District Court Judge James Turk. Mr. Fishwick has over 30 years of trial experience in state and federal court.
Mr. Fishwick’s nomination for the U.S. Attorney’s post was recommended by Senators Warner and Kaine. He was appointed and commissioned by President Barack Obama following a unanimous confirmation vote by the United States Senate.
“I look forward to working with the great lawyers and staff of the United States Attorney’s Office, our law enforcement partners, community leaders, and others, on protecting the citizens of the Western District of Virginia. We will work hard to seek justice every day,” United States Attorney Fishwick said today. “I also want to thank Tony Giorno for his excellent leadership of the office over the past year.”
The United States Attorney’s Office for the Western District of Virginia has staffed offices in Roanoke, Abingdon, Charlottesville and Harrisonburg, with approximately 56 full-time employees, including 28 Assistant United States Attorneys. Additionally, the district has offices in Lynchburg, Danville and Big Stone Gap.
Galax Man Sentenced to 120 Months in PrisonRead the Press Release
ABINGDON, VIRGINIA – Yesterday in the United States District Court for the Western District of Virginia in Abingdon, a Galax, Va., man was sentenced to 120 months in Federal Prison for knowingly failing to update his sex offender registration.
Juan Elias Lara, 43, of Galax, Va., previously pled guilty to one count of failing to register and update his registration as required by the Sex Offender Registration and Notification Act (SORNA). Lara had been required to register under SORNA by virtue of his 2009 felony conviction in Grayson County, Virginia Circuit Court for aggravated sexual battery. In District Court yesterday, Lara was sentenced to 120 months of federal incarceration and five years of supervised release thereafter. Lara will also be required to register as a sex offender following his release from imprisonment.
In sentencing Lara to the maximum term of imprisonment provided under the statute, United States District Judge James P. Jones noted Lara had previously admitted to killing two people and having sexual relations with several minors.
The investigation of the case was conducted by the United States Marshals Service, the Virginia State Police, and the Lake Jackson, Texas Police Department. Special Assistant United States Attorney Kevin Jayne prosecuted the case for the United States.
Timothy Gerace Sentenced to Ten YearsRead the Press Release
ABINGDON, VIRGINIA – United States Attorney Anthony P. Giorno announced today that Timothy Gerace was sentenced to 120 months imprisonment in the United States District Court for the Western District of Virginia in Abingdon after having previously pleaded guilty to one count of conspiring to distribute methamphetamine. Gerace was the final defendant to be sentenced in the multi-jurisdictional investigation of methamphetamine distribution, “Operation Saltvegas.”
Timothy Gerace, 55, of Mountain City, Tenn., previously entered a plea of guilty to one count of a multi-count indictment charging him with conspiring to distribute methamphetamine. According to evidence presented at the guilty plea and sentencing hearings by Assistant United States Attorney Zachary T. Lee, Gerace and co-defendant Richard Shaw were suppliers of large quantities of methamphetamine to more than twenty-five sub-distributors in both Northeast Tennessee and Southwest Virginia. Gerace’s conduct was uncovered as part of a multi-agency investigation involving federal, state and local law enforcement in both Virginia and Tennessee. As part of his plea, Gerace admitted to being involved in the distribution of more than five kilograms of methamphetamine. As a result of the investigation, twenty-seven individuals have pleaded guilty and been sentenced for conspiring to distribute methamphetamine and twenty individuals have been sentenced as a result of the investigation. The defendants sentenced are:
Jeramiah Yates, 34, Vilas, NC – 37 months imprisonment
Melvin Campbell, 45, Mountain City, TN – 7 months imprisonment
Daniel Reece, 46, Mountain City, TN – 72 months imprisonment
Linda Walters, 46, Mountain City, TN – 12 months and 1 day imprisonment
Russell Wayne Cassell a/k/a “Rusty”, 44, Glade Spring, VA – 41 months imprisonment
Kenneth Craig Buchanan a/k/a “Bubba”, 50, Glade Spring, VA – 24 months imprisonment
Stephanie Patrick, 40, Glade Spring, VA – 24 months imprisonment
Roger Lawson, 65, Glade Spring, VA – 46 months imprisonment
Toby Mock, 44, Glade Spring, VA – 6 months imprisonment
Rachel Peake, 44, Atkins, VA – 6 months imprisonment
Jason Mullinax, 37, Chilhowie, VA – 36 months imprisonment
Roger Austin, Jr. a/k/a “Fat Rog”, 52, Glade Spring, VA – 121 months imprisonment
Angela Surber, 40, Chilhowie, VA – 37 months imprisonment
Timothy Nickolas Rabara, 26, Marion, VA – 5 years’ probation
Albert Hague, 56, Mountain City, TN – 30 months imprisonment
Kimberly Ann Bradley, 44, Johnson City, TN – 12 months and 1 day imprisonment
James Poore a/k/a “Danny”, 48, Glade Spring, VA – 18 months imprisonment
Tony Delp, Glade Spring, VA – 6 months imprisonment
Katherine Mitchell, 55, Saltville, VA – 78 months imprisonment
Gary Lee Howell, 53, Saltville, VA – 121 months imprisonment
Jim Grindstaff , 49, Mountain City, TN - 63 months imprisonment
Michael Brady Lester, 43, Abingdon, VA – 42 months imprisonment
Joseph Nathan Hall, 36, Abingdon, VA – 60 months imprisonment
William Hunt, Jr., 54, Abingdon, VA – 16 months imprisonment
Brandi Marie Dunford, 35, Abingdon, VA – 60 months imprisonment
Angeline Delp, 52, Glade Spring, VA - 6 months imprisonment
The investigation of this case was conducted by the Washington County Sheriff’s Office, Russell County Sheriff’s Office, Smyth County Sheriff’s Office, Abingdon Police Department, Virginia State Police, Johnson County, Tennessee Sheriff’s Office, Tennessee Bureau of Investigation, Bureau of Alcohol, Tobacco, Firearms, and Explosives, Drug Enforcement Administration, and the United States Marshals Service. The Smyth County Commonwealth’s Attorney’s Office and the Washington County Commonwealth’s Attorney’s Office also assisted in the investigation and prosecution of this case. Assistant United States Attorney Zachary T. Lee is prosecuting the case for the United States.
Nurse Practitioner Pleads Guilty to Illegally Prescribing OxycodoneRead the Press Release
ABINGDON, VIRGINIA – A Richlands, Va., nurse practitioner, who illegally prescribed over three thousand oxycodone pills, pled guilty today in the United States District Court for the Western District of Virginia in Abingdon.
Gloria W. “Faye” Kennedy, 51, waived her right to be indicted and pled guilty this afternoon to a two count felony Information charging her with one count of conspiring to illegally distribute controlled substances and one count of making false statements to federal law enforcement agents.
Kennedy, a licensed family nurse practitioner, illegally prescribed 3,780 (three thousand seven hundred eighty) pills of 15 mg oxycodone to her husband and others for them to redistribute and illegally use. Her husband, Darrell Lynn Wells, pled guilty, on November 12, 2015 to conspiring to illegally distribute controlled substances.
United States District Judge James P. Jones scheduled Ms. Kennedy’s sentencing hearing for March 22, 2016. Wells’ sentencing hearing is scheduled for February 8, 2016. At sentencing, Kennedy faces up to 25 years in prison. Wells faces up to 20 years in prison.
The investigation of the case was conducted by the United States Drug Enforcement Agency Tactical Diversion Squad, with the assistance of the Virginia Medicaid Fraud Control Unit, Virginia State Police, and Tazewell Regional Drug Task Force. Special Assistant United States Attorney Brian Patton and Assistant United States Attorney Randy Ramseyer are prosecuting the case for the United States.
Stephens City Woman Sentenced for Role in Fatal OverdoseRead the Press Release
HARRISONBURG, VIRGINIA – A Stephens City, Virginia woman, who previously admitted to selling heroin that led to a fatal overdose in March 2014, was sentenced today in the United States District Court for the Western District of Virginia in Harrisonburg.
Brandy Dawn Kelly, 37, of Stephens City, Va., previously pled guilty to one count of distribution of heroin to victim R.F.L. Today in District Court, Kelly was sentenced to nine years of federal incarceration and four years of supervised release thereafter.
“This case is another example of the trail of pain and sorrow that the heroin epidemic has cut across Virginia and the nation,” United States Attorney Anthony P. Giorno said today. “The only way this epidemic can be curbed is through a combination of prevention, treatment and prosecution. It is only through a comprehensive approach that we can achieve real change.”
According to evidence presented at pervious hearings by Assistant United States Attorney Elizabeth G. Wright, Kelly admitted to buying heroin from Scott Pierce, who previously traveled to Baltimore, Maryland and purchased that heroin from Christopher Giles. Kelly set the price, arranged the transaction and met with the victim, R.F.L. on March 19-20, 2014. R.F.L. used the heroin purchased from Kelly, overdosed and died as a result. Pierce and Giles have both been charged federally for their roles in the overdose death.
The investigation of these cases was conducted by the Drug Enforcement Administration and the Northwest Virginia Regional Drug Task Force. The Task Force includes law enforcement from the counties of Frederick, Clarke, Shenandoah, Warren and Page as well as the cities and towns of Winchester, Front Royal and Strasburg, and the Virginia State Police. Assistant United States Attorney Elizabeth G. Wright prosecuted the cases for the United States.
Franklin County Man Sentenced on Human Trafficking ChargesRead the Press Release
ROANOKE, VIRGINIA – A Franklin County man, who forced a local woman to engage in prostitution through the use of physical violence and threats, was sentenced yesterday in the United States District Court for the Western District of Virginia in Roanoke, United States Attorney Anthony P. Giorno announced.
Tremayne Rontae Kirby, 25, of Franklin County, Virginia, pled guilty in August to one count of recruiting, harboring and causing an individual, listed as “Victim One” in the Indictment, to engage in commercial sex through force, threats of force, fraud and coercion (Human Trafficking) and one count of using interstate commerce to promote an enterprise involving prostitution. Yesterday in District Court, Kirby was sentenced to 15 years of federal incarceration to be followed by 10 years of supervised release thereafter. Kirby will also pay $11,000 in restitution to “Victim One.”
Kirby, who was indicted earlier this year, admitted that he, along with other individuals, operated a prostitution enterprise involving multiple women in Virginia, North Carolina and New Jersey. Kirby used the money generated from the prostitution enterprise to pay for hotels, buy illegal drugs and provide food for himself and the women he used. The defendant posted prostitution advertisements on internet websites, which included pictures of the women and prices for their services. Kirby secured hotel rooms and transportation for meetings with “Johns.”
From January 2014-May 2014, Kirby prostituted “Victim One.” Kirby admitted that on many occasions, Victim One did not want to engage in sex acts but did so at the defendant’s insistence. To gain Victim One’s compliance, Kirby hit, body-slammed, shook, and threatened her. Kirby also regularly carried a gun in his waistband. Victim One had a drug habit, which was fed by Kirby and the lifestyle in which she was forced to live. At times Kirby withheld drugs until she performed prostitution services. Kirby kept virtually all of the proceeds Victim One generated through the compelled prostitution activity.
The investigation of the case was conducted by Homeland Security Investigations, the Federal Bureau of Investigation, the Roanoke City Police Department and the Pittsylvania County Sheriff’s Office. United States Attorney Anthony P. Giorno and Assistant United States Attorney Laura Day Rottenborn prosecuted the case for the United States.
This prosecution highlights the benefits to law enforcement that come from cooperative participation in a regional task force that targets sex and labor trafficking offenders. The United States Attorney’s Office for the Western District of Virginia, along with partner agencies throughout the western portion of Virginia, formed the Western District of Virginia Human Trafficking Task Force, a group that is actively engaging in the education, investigation and prosecution of crimes involving human trafficking. This task force has educated local police departments throughout the state on investigative techniques to better prepare them to identify cases of human trafficking, victim/witness personnel, juvenile justice workers, and non-government organizations that assist trafficking victims. The task force also meets and shares information about ongoing cases.
Justice Department Settles with Augusta County, Virginia, Regarding Polling Place Accessibility Under the Americans with Disabilities ActRead the Press Release
Today the Justice Department filed a proposed consent decree with Augusta County, Virginia, resolving claims that the county violated the Americans with Disabilities Act (ADA). The complaint, which was filed along with the consent decree, alleges that the county discriminated against voters with disabilities by failing to provide accessible polling places. Many polling places in Augusta County have architectural barriers that make them inaccessible to voters who use wheelchairs or have mobility impairments, or voters who are blind or have vision impairments.
“Voting is the cornerstone of our democracy,” said Principal Deputy Assistant Attorney General Vanita Gupta, head of the Civil Rights Division. “Through the ADA, the promise of equal voting rights for people with disabilities is fulfilled. Under this agreement, voters with disabilities in Augusta County can vote at the polling place near their home alongside their neighbors and friends, like other voters.”
“The ability of the people to participate in our elected system of government requires access for all to voting places,” said U.S. Attorney Anthony P. Giorno of the Western District of Virginia. “The agreement in this case represents a substantial step toward guaranteeing voting access to all of our citizens.”
Under the consent decree, which must be approved by the court, the county will make temporary changes for election day at many of its polling places and permanent changes to the Augusta County Government Center, to make these polling places accessible, before the March 2016 elections. Going forward, the county will select only polling place locations that are accessible on election day. The county will also provide training to poll workers and file reports with the Justice Department on its compliance. The county, which cooperated with the department in this matter, began to increase the accessibility of its polling places for yesterday’s election.
Title II of the ADA prohibits public entities, such as Augusta County, from discriminating against people with disabilities in their programs, services and activities. With respect to polling places, public entities are required to select and use polling places that are accessible. To learn more about ADA requirements for polling place accessibility or about the ADA and other laws protecting the rights of voters with disabilities, visit www.ada.gov/ta-pubs-pg2.htm.
Those interested in finding out more about the ADA can call the Justice Department's toll-free ADA Information Line at (800) 514-0301 or (800) 514-0383 (TDD), or access the ADA website at www.ada.gov.
Augusta County Complaint
Augusta County Consent Decree
Abingdon, Virginia Man Sentenced for Conspiracy to Manufacture MethamphetamineRead the Press Release
ABINGDON, VIRGINIA – Yesterday in United States District Court for the Western District of Virginia, an Abingdon, Va. man was sentenced to 180-months of imprisonment for conspiracy to manufacture methamphetamine and related offenses.
Richard Jerry Hicks, 45, of Abingdon, Va., was indicted in December 2014 along with Amanda Jane Tignor, 34, of Abingdon, Va., on a variety of charges related to the manufacturing of methamphetamine at their home in Abingdon.
Tignor previously pleaded guilty to conspiracy to manufacture methamphetamine and creating a substantial risk of harm to human life, and was sentenced to 78 months in prison in June of this year. Following a two-day jury trial in July of this year, Hicks was found guilty on five of the six federal drug charges levied against him. Evidence presented at trial showed that Hicks and Tignor gathered pseudoephedrine and other methamphetamine-related supplies between June 2013 and May 2014, and manufactured methamphetamine in a home where two minors resided. Evidence also presented at trial showed Hicks had once boasted to law enforcement that—when it came to methamphetamine manufacturing—Hicks was the “best around.”
In sentencing Hicks, United States District Judge James P. Jones noted the risk of harm to the children who resided in the home and Hicks’ criminal history, which included a previous conviction in Washington County, Virginia Circuit Court in 2010 for manufacturing methamphetamine.
The investigation of the case was conducted by the Abingdon Police Department, Washington County Sheriff’s Office, Virginia State Police, and United States Drug Enforcement Administration (DEA). Special Assistant United States Attorney Kevin Jayne prosecuted the case for the United States.
Bristol, Virginia Man Sentenced to 60-Months ImprisonmentRead the Press Release
ABINGDON, VIRGINIA – A Bristol, Va. man who failed to update his sex offender registration, after resisting arrest and fleeing from police officers in August 2014, was sentenced on Friday in the United States District Court for the Western District of Virginia in Abingdon.
Stevenson G. Harrison, Jr., 34, of Bristol, Va., previously pled guilty to a one count indictment of failing to register and update his registration as required by the Sex Offender Registration and Notification Act [SORNA]. In District Court on Friday, Harrison was sentenced to 60 months of federal incarceration and 10 years of supervised release thereafter. Harrison will also be required to register as a sex offender following his release from imprisonment.
In August 2014, three officers with the Bristol, Virginia Police Department approached Harrison at a state probation office to arrest him on outstanding felony arrest warrants. Harrison resisted arrest and fled, causing two of the officers to suffer minor injuries. While a fugitive, Harrison did not update his sex offender registration as required under SORNA. In November 2014, the United States Marshals Service apprehended Harrison in Lakeland, Florida, where Harrison had assumed a false name. Harrison had been required to register under SORNA because of three 1996 convictions he received in Washington County, Virginia for aggravated sexual assault of a minor.
The investigation of the case was conducted by the United States Marshals Service, the Virginia State Police, and the Bristol, Virginia Police Department. Special Assistant United States Attorney Kevin L. Jayne prosecuted the case for the United States.
Lynchburg Man Sentenced on Child Pornography ChargeRead the Press Release
LYNCHBURG, VIRGINIA – A former Colonel with the Virginia National Guard, who pled guilty in July to a federal child pornography charge, was sentenced today in the United States District Court for the Western District of Virginia in Lynchburg.
Gary Williamson, 54, of Lynchburg, Va., previously waived his right to be indicted and pled guilty to a one-count Information charging him with knowingly receiving and distributing child pornography. This morning in District Court, Williamson was sentenced to 120 months of federal incarceration. The defendant was also ordered to pay $5,000 in restitution and will be required to register as a sex offender upon his release from prison.
“It is a sad day for all when we learn that a man like Mr. Williamson, who has had a distinguished military service career, has engaged in serious violations of federal criminal law by possessing and distributing child pornography,” United States Attorney Anthony P. Giorno said today. “Crimes like those committed by Mr. Williamson have the effect of re-victimizing the children in these images, and those who engage in such conduct will be held accountable in a court of law.”
"Every time a person shares an image of child pornography, the subject of that image is victimized all over again,” said Clark E. Settles, special agent in charge of U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI) Washington, D.C., which oversees HSI Roanoke. “Let this sentence serve as a warning to other child predators who trade images of child pornography. You cannot hide behind your computer. We will find you, investigate you, and ensure you are prosecuted to the fullest extent of the law.”
According to evidence presented at the defendant’s guilty plea hearing by Assistant United States Attorney Daniel Bubar, the Roanoke office of Homeland Security Investigations became aware of Williamson’s distribution of child pornography on October 14, 2014, through information gathered during an unrelated investigation of a website located outside the United States. In December 2014, Williamson was interviewed at his home and a search warrant was executed for various computers and media storage devices. During this search, Williamson admitted to controlling an email account and a username for the subject website that have been used to trade suspected child pornography. Subsequent forensic analysis of the defendant’s computer and other media storage devices showed he possessed more than 2,000 images of child pornography, many of which he distributed via the subject website bulletin boards and email.
The investigation of the case was conducted by the HSI Roanoke Office, the Campbell County Sheriff’s Office, the Southern Virginia Internet Crimes Against Children Task Force and the Virginia Attorney General’s Office. Assistant United States Attorney Daniel Bubar is prosecuting the case for the United States.
Chief Financial Officer at BVU IndictedRead the Press Release
ABINGDON, VIRGINIA – A federal grand jury sitting in the United States District Court for the Western District of Virginia in Abingdon has charged the chief financial officer at Bristol Virginia Utilities [BVU] with a variety of tax and fraud charges in a 15-count federal indictment.
The grand jury has charged Stacey Pomrenke, a.k.a. Stacey Bright, 43, of Abingdon, Virginia, with one count of conspiracy to commit tax fraud, three counts of making false statements, three counts of extortion, one count of program theft, one count of conspiracy to commit wire fraud and six counts of wire fraud.
The indictment, returned October 26, 2015, alleges that Pomrenke, through her position as chief financial officer with BVU, used her power to obtain things of value from vendors who were engaged in business relationships with BVU. Those things of value included, allegedly, tickets to baseball and football games, alcohol and the funding of official BVU company functions. Pomrenke is also charged with conspiring to defraud the United States by falsely reporting wages and other financial benefits of BVU employees to the Internal Revenue Service.
If convicted, Pomrenke faces a maximum possible penalty of up to 20 years in prison and/or a fine of up to $250,000.
The investigation of the case, which remains ongoing, is being conducted by the Federal Bureau of Investigation and the Internal Revenue Service, Criminal Investigation. Assistant United States Attorney Zachary Lee will prosecute the case for the United States.
A Grand Jury Indictment is only a charge and not evidence of guilt. The defendant is entitled to a fair trial with the burden on the government to prove guilt beyond a reasonable doubt.
Former BVU Official, Bristol Mayor Pleads GuiltyRead the Press Release
ABINGDON, VIRGINIA – The former Mayor of Bristol, Virginia and a former member of the Board of Directors of Bristol Utilities Authority (BVU), pled guilty today in the United States District Court for the Western District of Virginia in Abingdon to charges related to the illegal sale of NASCAR tickets.
Paul Hurley, 74, of Bristol, Va., was a member of the Board of Directors for BVU from 2009-2014. Prior to that, the defendant was a member of the Bristol, Virginia Economic Development Committee and also served as both a member of the Bristol, Virginia City Council and as the city’s Mayor. Today in District Court, Hurley waived his right to be indicted and pled guilty to two-count Information charging him with one count of mail fraud and one count of lying to a Federal grand jury.
“Mr. Hurley abused his position of trust with the Bristol Virginia Utilities Authority for his own personal benefit and then lied to the grand jury to cover up his crimes,” United States Attorney Anthony P. Giorno said today. “This is a sad and tragic case where an individual with a history of public service has, by his actions, forfeited his job, his reputation, his standing in the community and potentially his freedom for a few thousand dollars. I commend the efforts of the investigating agencies that led to these convictions, which should serve as a warning to others that criminal conduct by white collar professionals will not be tolerated.”
“The oath pledged for committing oneself to public service and that of one sworn before a federal grand jury is no different; both expect behavior beyond reproach, integrity when faced with dilemmas and consequences when either is breached,” Adam S. Lee, Special Agent in Charge of the FBI’s Richmond Division said today. “Mr. Hurley will soon face consequences, not yet determined by the courts, for his repeated behavior of using property owned by BVU for his personal gain and then lying about it, while under oath, to a federal grand jury. Public corruption remains the Bureau’s top criminal priority, and we encourage citizens to report unethical and illegal activity to law enforcement as soon as they become aware.”
According to evidence presented at today’s guilty plea hearing by Assistant United States Attorney Zachary Lee, and an agreed upon statement of facts filed with the court, between 2009 and 2014 the defendant served as the chairman of the City of Bristol’s Economic Development Committee. Acting in that role, Hurley obtained NASCAR tickets for two annual races held in Bristol, Va. Those tickets were purchased by BVU at Hurley’s request, for what he said would be used for “economic development” purposes.
Hurley claimed the tickets purchased for him by BVU would be given, free of charge, to representatives of business who showed an interest in re-locating businesses to Bristol, Virginia. However, Hurley admitted today that he lied when he claimed the tickets would be used for economic reasons and instead he sold those NASCAR tickets to friends, ticket scalpers and others, all for his own personal, financial benefit.
In all, Hurley sold at least 50 NASCAR tickets provided to him free of charge for economic purposes by BVU. The value of the tickets sold by Hurley was more than $5,000.
On July 20, 2015, Hurley appeared as a witness before a federal grand jury investigating practices at BVU. Hurley, being a former Chairman of the Board of the Directors of BVU, was called as a witness to determine if he had knowledge or involvement in corruption at BVU, specifically regarding the purchasing of NASCAR tickets by the utilities authority. After being placed under oath, Hurley made false declarations to the grand jury in response to questions regarding the practice of BVU purchasing and distributing NASCAR tickets, including his own actions relating to his use of tickets for economic development purposes. When specifically asked if he ever sold the tickets, Hurley said “I don’t recall that.”
At sentencing, Hurley faces a maximum possible penalty of up to 20 years in Federal prison on the mail fraud charge and a maximum possible penalty of up to five years in Federal prison on the perjury charge. The defendant has also agreed to pay $5,000 in restitution to Bristol Virginia Utilities Authority and to forfeit an additional $10,000.
The investigation of the case, which remains ongoing, is being conducted by the Federal Bureau of Investigation and the Internal Revenue Service, Criminal Investigation. Assistant United States Attorney Zachary Lee will prosecute the case for the United States.
Winchester Man Pleads Guilty to Computer CrimeRead the Press Release
HARRISONBURG, VIRGINIA – A Winchester man, who previously worked in the IT department of a Winchester-based company, pled guilty yesterday in the United States District Court for the Western District of Virginia in Harrisonburg to a federal computer crime.
Christopher T. Wood, 41, of Winchester, Va., waived his right to be indicted and pled guilty yesterday to a one count Information charging him with intentionally accessing and exceeding authorized access to a computer.
“The prosecution of Mr. Wood should serve as notice to all that the United States Attorney’s Office and our partners in law enforcement will investigate and punish those individuals who access protected computers without authorization and with the intent to cause mischief,” United States Attorney Anthony P. Giorno said yesterday.
“The Richmond Division’s Computer Intrusion Squad has a talented team of experienced and technically trained agents who are motivated to aggressively pursue both national security and criminal intrusion matters,” said Adam S. Lee, Special Agent in Charge of the FBI’s Richmond Division.
According to evidence presented at yesterday’s guilty plea hearing by Assistant United States Attorney Grayson Hoffman through a filed statement of facts, Wood worked for a company, “Victim Company,” that had offices and operations in Winchester, Virginia. Wood worked as a web developer in the IT department at Victim Company.
On or about January 8, 2014, the defendant was laid-off from Victim Company. As a result, Victim Company deactivated Wood’s electronic credentials which had given him access to the company’s internal computer network and file server systems. Shortly after being laid-off, Wood went home to his residence in the Winchester area, and through his home computer, remotely logged onto Victim Company’s computer system using another employee’s credentials, without that employee’s knowledge or consent.
Wood accessed Victim Company’s database, without their consent, and deleted many files from the company’s servers and disabled some of Victim Company’s accounts. When Victim Company noticed the damage they contacted law enforcement.
On February 4, 2015, law enforcement investigators interviewed Wood at his home, at which time he admitted to logging onto the company’s computer system, without their consent, and while using another employee’s credentials. He admitted that he deleted files and disabled accounts because he was upset about losing his job. IP information obtained by investigators corroborate that a computer in Wood’s home did in fact access Victim Company’s computer systems. It was later determined that Victim Company spent approximately $61,710 as a result of the damage caused by the defendant’s actions.
At sentencing, Wood faces a maximum possible penalty of up to one year in prison and/or a fine of up to $100,000. The defendant has also agreed to pay $61,710 in restitution to Victim Company for the damage caused by his actions.
The investigation of the case was conducted by the Federal Bureau of Investigation. Assistant United States Attorney Grayson Hoffman is prosecuting the case for the United States.
Former Contract Employee of Radford Army Ammunition Plant SentencedRead the Press Release
ROANOKE, VIRGINIA – A former contract employee at the Radford Army Ammunition Plant, who pled guilty earlier this year to charges of sexually assaulting fellow employees at the plant, was sentenced today in the United States District Court for the Western District of Virginia in Roanoke.
Joshua Linkous, 39, of Dublin, Va., previously pled guilty to one count of aggravated sexual abuse by force against “Victim 1,” one count of abusive sexual contact of “Victim 2,” and one count of abusive sexual contact of “Victim 3.” Today in District Court, Linkous was sentenced to 168 months of federal incarceration and 15 years of supervised release thereafter. Linkous will also be required to register as a sex offender for the rest of his life.
In a written statement of facts signed by Linkous and filed with the court during a previous hearing, Linkous admitted to working at the Radford Army Ammunition Plant (“Arsenal”) from approximately January 2001 until August 2014. The Radford Army Ammunition Plant is a government-owned facility that is operated by defense contractor BAE Systems and manufactures, among other things, propellant for the country’s military ammunitions. While employed at the Arsenal, Linkous, and the victims in this case, worked in or near an area of the Arsenal known as the Tub House, which is part of the manufacturing process.
Linkous admitted that on July 27, 2014, he coaxed Victim 1 into the Tub House, where no one else was working at the time. With Victim 1 standing near the lockers, Linkous admitted to grabbing and pushing her into a small, secluded break room area. The lights were off and he closed the door, pushed Victim 1 against a kitchen counter, pinning her there. Linkous then forcibly unbuttoned Victim 1’s coveralls, while she was attempting to prevent him from doing so. The defendant admitted that Victim 1 was crying and trying to make him stop. Linkous then forcibly turned Victim 1 around and pinned her stomach against the counter with his body behind her, he got his hands inside of her clothing, touched her bare breasts and penetrated her labia with his finger, over her objection and against her will.
In a second incident, Linkous admitted that, in June 2014, he saw Victim 2 at her locker near the break room in the Tub House. When Victim 2 began to exit the Tub House, Linkous grabbed her by the upper arm and dragged her into a circuit breaker room in the Tub House. Linkous closed the door and shut the lights off, pushed her against a control panel and pinned her down with his body. He then forcibly kissed her, unbuttoned her coveralls and kissed her breasts against her will. Linkous put his hands inside her coveralls and touched her vaginal area over her underwear with his hand, against her will.
Linkous also admitted that, sometime between August 2010 and December 2011, he approached Victim 3, who worked in a building near the Tub House. He admitted to putting his hand inside her coveralls near her vaginal area and asked her to go to the break room. Victim 3 said no and removed Linkous’ hand from her coveralls. Linkous then followed Victim 3 as she tried to walk away and forcibly put his hands inside her coveralls and under her underwear, against her will. Linkous removed his hand only when a co-worker approached.
In determining the defendant’s sentence, the court also considered actions Linkous allegedly took against a fourth victim. In a statement submitted to the court during today’s sentencing hearing, without objection from the defendant, Victim 4, who also worked in the Tub House, claimed that Linkous held her against her will in the break room, forced his hands inside her coveralls and underwear and touched her vagina without her consent.
The investigation of the case was conducted by the United States Army’s Criminal Investigation Division, the Federal Bureau of Investigation, and the Defense Criminal Investigative Service. Assistant United States Attorneys Erin Kulpa and Laura Rottenborn prosecuted the case for the United States.
Assistant United States Attorney Donald R. Wolthuis Inducted into America College of Trial LawyersRead the Press Release
ROANOKE, VIRGINIA – United States Attorney Anthony P. Giorno announced today that Assistant United States Attorney Donald R. Wolthuis has been inducted as a Fellow of the American College of Trial Lawyers, one of the premier legal associations in North America.
The induction ceremony at which AUSA Wolthuis became a Fellow took place during the recent Annual Meeting of the College in Chicago, Illinois.
Founded in 1950, the College is composed of the best of the trial bar from the United States and Canada. Fellowship in the College is extended by invitation only and only after careful investigation, to those experienced trial lawyers who have mastered the art of advocacy and whose professional careers have been marked by the highest standards of ethical conduct, professionalism, civility and collegiality. Lawyers must have a minimum of fifteen years trial experience before they can be considered for Fellowship.
Donald R. Wolthuis has been an Assistant United States Attorney for the Western District of Virginia in Roanoke since 1990, where he currently serves as the Senior Litigation Counsel and the lead attorney for the Organized Crime and Drug Enforcement Task Force. Prior to joining the USAO, Mr. Wolthuis was an associate and later a partner at the law firm of Martin, Hopkins, Lemon & Carter, P.C. from 1984-1990. From 1980-1984, Mr. Wolthuis served as an Assistant Commonwealth Attorney for the City of Roanoke. He earned a B.A. in Political Science from Mary Washington College where he graduated Phi Beta Kappa. He later earned a J.D. from the College of William and Mary, Marshall-Wythe School of Law.
Membership in the College cannot exceed one percent of the total lawyer population of any state or province. There are currently approximately 5,800 members in the United States and Canada, including active Fellows, Emeritus Fellows, Judicial Fellows (whose who have ascended to the bench) and Honorary Fellows. The College strives to improve and elevate the standards of trial practice, the administration of justice and the ethics of the trial profession. Qualified lawyers are called to Fellowship in the College from all branches of practice. They are carefully selected from among those who customarily represent plaintiffs in civil cases and those who customarily represent defendants, those who prosecute individuals accused of crime and those who defend them. The College is thus able to speak with a balanced voice on important issues affecting the legal profession and the administration of justice.
Winchester Man Pleads Guilty to Child Pornography ChargesRead the Press Release
HARRISONBURG, VIRGINIA – A former regional chief public information officer for the U.S. Army Corps of Engineers pled guilty today in the United States District Court for the Western District of Virginia in Harrisonburg to charges related to the possession and transportation of child pornography images and videos.
Michael Steven Beeman, 62, of Winchester, Va., waived his right to be indicted and pled guilty today to a Superseding Information charging him with one count of transportation of child pornography and four counts of possession of child pornography.
In and around the late 1980s, Beeman, who at the time was employed by the United States Air Force in a public affairs position at Patrick Air Force Base in Florida, video-recorded his sexual abuse of a boy who also lived on base. This abuse, and the video images produced by Beeman remained unknown to law enforcement until shortly before his arrest.
In 2014 Beeman’s dog walker discovered images of naked minors on one of Beeman’s i-Pads. The dog walker reported these observations to the Frederick County Sheriff’s Office.
On January 14, 2014, a search warrant was executed at Beeman’s Winchester home and more than 250 electronic devices, including VHS tapes, DVDs, desktop computers, laptop computers, electronic tablets, external hard drives and thumb drives were seized. More than 50 of the items seized contained depictions of child pornography. There were thousands of images of child pornography found on Beeman’s devices. Many of the victims depicted on the defendant’s devices were found by National Center for Missing and Exploited Children to be previously identified minors.
Forensic analysis of Beeman’s devices showed that many of the child pornography images were obtained by the defendant both prior to and following the defendant’s move to Virginia in 2010.
At sentencing, Beeman faces up to 20 years in prison on each of counts one through four and up to 10 years on count five. He also faces a mandatory minimum of at least five years on count one. After his release from prison, the defendant faces a minimum of five years and as much as a lifetime of supervised release.
The investigation of the case was conducted by Mike Wagoner with the Page County Sheriff’s Office, the NOVA/DC Internet Crimes Against Children Task Force and Evidence Recovery Section, the Frederick County Sheriff’s Office, Department of Homeland Security- Homeland Security Investigations, The Virginia Attorney General’s Office- Computer Evidence Recovery Section, the Virginia State Police High Tech Crimes-Computer Recover Section, Air Force Office of Special Investigations, U.S. Army Corp of Engineers-Middle East District, U.S. Department of Justice’s Child Exploitation and Obscenity Section, High Tech Investigative Unit. Assistant United States Attorney Nancy S. Healey and Herbrina D. Sanders, a trial attorney with the U.S. Department of Justice’s Child Exploitation and Obscenity Section, will prosecute the case for the United States.
Roanoke Man Convicted of Making False StatementRead the Press Release
ROANOKE, VIRGINIA – A Roanoke man who willfully made a false statement to an agent with the Federal Bureau of Investigation, pled guilty today in the United States District Court for the Western District of Virginia in Roanoke.
Shane Giles Eaton, 21, of Roanoke, Va., waived his right to be indicted and pled guilty today to a one count Information charging him with willfully making a false statement in a matter within the jurisdiction of the executive branch of the Government of the United States.
“Mr. Eaton falsely accused an ex-girlfriend of making threats against the President of the United States and of her intentions to join a known terrorist organization,” United States Attorney Anthony P. Giorno said today. “We take the act of making false statements to law enforcement officials extremely seriously. Mr. Eaton’s false accusations wasted precious federal resources and unnecessarily subjected his former girlfriend to the trauma of a federal investigation. Today’s conviction should serve as a warning to others who may be contemplating making similar false statements.”
According to evidence presented at today’s guilty plea hearing by Assistant United States Attorney Daniel Bubar, on March 12, 2015, Eaton walked into the downtown Roanoke offices of the Federal Bureau of Investigation and made a statement to an agent that his ex-girlfriend made threats against the life of the President of the United States and her of intentions to join ISIS.
During interviews with Eaton’s ex-girlfriend and her mother, agents determined that Eaton’s original statements were false. In subsequent interviews with Eaton, conducted on March 16, 2015 by agents with the FBI and United States Secret Service, Eaton admitted that his prior statements were not truthful and that he lied about his ex-girlfriend to get her into trouble. In a Mirandized statement he wrote, “I lied to the agent,” and “Sorry for what I had done.”
The investigation of the case was conducted by the Federal Bureau of Investigation and the United States Secret Service. Assistant United States Attorney Daniel Bubar will prosecute the case for the United States.
Two Sentenced for Healthcare FraudRead the Press Release
ABINGDON, VIRGINIA – A mother and daughter who operated a business that provided oversight to personal care aides caring for elderly and disabled individuals, were sentenced earlier this week in the United States District Court for the Western District of Virginia in Abingdon on healthcare fraud charges.
Connie Robbins, 59, of Sugar Grove, Va. and Stephanie Dawn Robbins, 37, of Marion, Va., both previously waived their rights to be indicted and pled guilty to one-count Informations charging them each with conspiracy to commit healthcare fraud. On Monday, September 14, 2015, Connie Robbins was sentenced to one year and one day in prison. Stephanie Robbins was sentenced to two years of probation, 200 hours of community service and three months of home confinement. The defendants were ordered to repay Virginia Medicaid $137,106 in total restitution.
According to evidence presented at a previous guilty plea hearing by Virginia Assistant Attorney General and Special Assistant United States Attorney Janine Myatt, Stephanie and Connie Robbins operated Robbins CD Services, a Consumer Directed Service Facilitator (CDSF) service provider. A CDSF is paid by Virginia Medicaid to assist Medicaid recipients who are eligible for a waiver that allows them to avoid moving into a nursing home and instead receive critical care in their homes.
The only two employees at CD Robbins Services were Connie Robbins, a registered nurse, and her daughter, Stephanie Robbins, who served as the office manager. Between October 2008 and August 2013, Connie Robbins created false supporting paperwork that documented home face-to-face visits with patients that never occurred. In her role as office manager, Stephanie Robbins billed Virginia Medicaid for the face-to-face home assessments that she knew never occurred. Approximately 35 percent of the home assessments billed by Robbins CD Services and paid by Medicaid never occurred.
The investigation of the case was conducted by the Federal Bureau of Investigation and the Medicaid Fraud Control Unit for the Virginia Office of the Attorney General. Virginia Assistant Attorney General and Special Assistant United States Attorney Janine Myatt is prosecuting the case for the United States.
Former Respiratory Care Practitioner Sentenced for Health Care Fraud ChargesRead the Press Release
CHARLOTTESVILLE, VIRGINIA – A former respiratory therapist, who practiced in both Free Union, Va. and Earlysville, Va., pled guilty on April 20, 2015, to committing health care fraud and was sentenced August 28, 2015, in the United States District Court for the Western District of Virginia in Charlottesville.
At his guilty plea hearing, Karsten, operating as PDK Oximetry, LLC, admitted that between 2006 and 2010 he fraudulently billed Medicare for his services by using false Current Procedural Terminology (CPT) codes. Karsten admitted to using CPT codes that he knew would yield higher Medicare reimbursement payments for himself even though the service he was billing for was not provided and could not be provided by a home mail test practice, such as the one he owned and operated.
Between 2006 and 2010, Karsten fraudulently overbilled Medicare $2,499,276, and was overpaid $2,376,953 by Medicare. Karsten was sentenced last Friday in United States District Court to 36 months of federal incarceration and was ordered to pay $2.3 million in restitution to Medicare.
In sentencing Karsten, the Court said that Karsten had committed a serious crime, that there was no doubt that Karsten stole money that did not belong to him, and that there was no justification for it, noting that Karsten committed the wrongful acts time and time and time again in small increments over a period of four years. The Court also stated that the sentence of 36 months incarceration was imposed, in part, to promote respect for the law and to deter others from stealing from health care programs. The court noted that laws are structures that hold us together as a society and that there must be just punishment for persons who break those laws.
The investigation of the case was conducted by the Federal Bureau of Investigation, the Department of Health and Human Services- Office of the Inspector General. Assistant United States Attorney Jennie L.M. Waering is prosecuting the case for the United States.