Northern District of West Virginia
Press releases recorded for this federal judicial district.
Wellsburg Man Convicted of Heroin DistributionRead the Press Release
1125 Chapline Street, Federal Building, Suite 3000 ● Wheeling, WV 26003
(304) 234-0100 ● Contact: Chris Zumpetta-Parr, Public Affairs SpecialistWHEELING, WV – A Wellsburg, West Virginia, man has admitted to distributing heroin that caused the death of another.
United States Attorney William J. Ihlenfeld, II, announced that JUSTIN A. WITHERS, 29 years old, entered a plea of guilty to “Aiding and Abetting the Distribution of Heroin.” WITHERS, who is presently in custody, faces a binding term of 150 months in prison. This term of imprisonment must still be approved by Judge Frederick P. Stamp, Jr., who took the plea from WITHERS this week but deferred acceptance of the terms of the plea agreement until the time of sentencing. The sentencing hearing will be scheduled after a pre-sentence report has been prepared by the U.S. Probation Office.WITHERS and his co-defendant Curtis ADAMS were indicted by a federal grand jury last year for allegedly delivering heroin that caused the death of a Brooke County man in 2011. ADAMS pleaded guilty to “Interstate Travel in Aid of Racketeering” after traveling to Steubenville, Ohio, to acquire heroin and then bringing it back to Brooke County to distribute. ADAMS was sentenced to 60 months in prison as a result of his conviction.
The case was prosecuted by Assistant U.S. Attorney Stephen L. Vogrin and investigated by the Hancock-Brooke-Weirton Drug Task Force, Follansbee Police Department, the Wellsburg Police Department and the Brooke County Sheriff’s Department.
Four Martinsburg Residents Sentenced on Drug and Firearms ChargesRead the Press Release
1125 Chapline Street, Federal Building, Suite 3000 ● Wheeling, WV 26003
(304) 234-0100 ● Contact: Chris Zumpetta-Parr, Public Affairs SpecialistMARTINSBURG, WEST VIRGINIA – Four Martinsburg residents involved in a crack cocaine distribution ring were recently sentenced to federal prison.
According to United States Attorney William J. Ihlenfeld, II, the following individuals were sentenced by U.S. District Court Judge Gina M. Groh for their roles in the trafficking of crack cocaine.
- ARTHUR LEE WALKER, age 28, was sentenced to 120 months in prison and six years of supervised release for “Distribution of Crack Cocaine within 1,000 Feet of the Rosemont Elementary School,” and “Felon in Possession of a Firearm.”
- TIMOTHY LOVE CRITES, age 36, was sentenced to 30 months in prison and six years of supervised release for “Distribution of Crack Cocaine within 1,000 Feet of the Burke Street Elementary School.”
- TREY CARDALE CAMPBELL, age 21, was sentenced to 15 months in prison and six years of supervised release for “Distribution of Crack Cocaine within 1,000 Feet of the Burke Street Elementary School.”
- ADRIAN DEVONNE GREEN, age 41, was sentenced to 5 years probation for “Aiding and Abetting in the Distribution of Crack Cocaine.”
The case was investigated by the Eastern Panhandle Drug & Violent Crimes Task Force and the Bureau of Alcohol, Tobacco, Firearms and Explosives. The Task Force consists of officers from the West Virginia State Police - Bureau of Criminal Investigation, the Martinsburg Police Department, and the Berkeley County Sheriff’s Department.
According to Ihlenfeld, the following persons were also sentenced to prison by Judge Groh:
TYRIEK KEARNEY, age 33, of Martinsburg, was sentenced to 57 months in prison and three years of supervised release for “Felon in Possession of a Firearm.” This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Martinsburg Police Department.
TRACEY LONG, age 48, of Martinsburg, West Virginia, was sentenced to 12 months in prison and three years of supervised release for “Aiding and Abetting the Distribution of Crack Cocaine.”
AUTUMN CULLEN, age 31, of Martinsburg, was sentenced to 4 months in prison and three years of supervised release for “Aiding and Abetting the Distribution of Heroin.”
The LONG and CULLEN cases were investigated by the Eastern Panhandle Drug & Violent Crime Task Force
The cases referenced herein were prosecuted by Assistant United States Attorneys Paul T. Camilletti, Stephen L. Vogrin, David J. Perri and Robert H. McWilliams, Jr.Five Appear in Federal Court on Drug Trafficking ChargesRead the Press Release
1125 Chapline Street, Federal Building, Suite 3000 ● Wheeling, WV 26003
(304) 234-0100 ● Contact: Chris Zumpetta-Parr, Public Affairs SpecialistWHEELING, WEST VIRGINIA – Five men from Wheeling, West Virginia appeared in federal court on charges of drug trafficking.
United States Attorney William J. Ihlenfeld, II, announced that the following individuals appeared before Judge Frederick P. Stamp, Jr. for plea and sentencing hearings:
DEON YOUNG, age 27, was sentenced to 108 months in prison and three years of supervised release and CARLOS MOORE, age 27, was sentenced to 42 months in prison and three years of supervised release for “Conspiracy to Distribute Cocaine Base and Heroin” from November of 2012 to January of 2013. The Court also ordered the forfeiture of $2,260 from YOUNG and $1,541 from MOORE. YOUNG and MOORE were remanded to the custody of the United States Marshal pending designation to a Federal institution.
DEVON BERTRAM, age 24, entered a plea of guilty to “Distribution of Crack Cocaine within 1,000 Feet of Wheeling Central Catholic High School.” BERTRAM, who is in custody pending sentencing, faces up to 40 years in prison.
GARY MOE WADE, age 39, entered a plea of guilty to “Aiding and Abetting the Distribution of Crack Cocaine within 1,000 Feet of Wheeling Central Catholic High School.” WADE faces up to 40 years in prison.
Finally, in a matter before U.S. Magistrate Judge James E. Seibert, JEROME MELVIN ROSS, age 22, entered a plea of guilty to “Distribution of Crack Cocaine within 1,000 Feet of Riverview Towers.” ROSS faces up to 40 years in prison.
These cases were prosecuted by U.S. Attorney Ihlenfeld and Assistant U.S. Attorney Randolph J. Bernard and investigated by the Ohio Valley Drug Task Force, which is comprised of officers and agents from the West Virginia State Police-BCI, the Wheeling Police Department, the Ohio County Sheriff’s Department, and the Drug Enforcement Administration.
Four Sentenced for Sale of Heroin in MorgantownRead the Press Release
1125 Chapline Street, Federal Building, Suite 3000 ● Wheeling, WV 26003
(304) 234-0100 ● Contact: Chris Zumpetta-Parr, Public Affairs SpecialistCLARKSBURG, WEST VIRGINIA – Four members of a Morgantown heroin distribution ring, including three men from Detroit, were sentenced to federal prison.
According to United States Attorney William J. Ihlenfeld, II, the following individuals had prison sentences imposed by U.S. District Court Judge Irene Keeley for their roles in the trafficking of heroin:
- SEAN MILLER PHILLIPS, JR., age 31, of Eastpoint, Michigan was sentenced to 63 months in prison and six years of supervised release for “Aiding and Abetting in the Distribution of Heroin within 1000 feet of a Protected Location.”
- JAMILA MCLAUGHRY, age 25, of Morgantown, West Virginia, was sentenced to 37 months in prison and six years of supervised release for “Distribution of Heroin within 1,000 Feet of the North Elementary School” in Monongalia County.
- EDDIE PICKETT, age 20, of Detroit, Michigan, was sentenced to 37 months in prison and three “Possession with Intent to Distribute Heroin.”
- WILLIAM ANDERSON, age 20, of Detroit, was sentenced to 37 months in prison and three “Possession with Intent to Distribute Heroin.”The case was investigated by the Mon Valley Drug & Violent Crime Task Force, consisting of officers from the Morgantown Police Department, the Monongalia County Sheriff’s Department, and the Drug Enforcement Administration.
In other sentencing hearings before Judge Keeley, Ihlenfeld said that FRANKLIN MOORE, age 43, of Procious, West Virginia, was sentenced to 92 months in prison and three years of supervised release as a result of his conviction of “Felon in Possession of a Firearm.” MOORE was remanded to the custody of the United States Marshal pending designation to a Federal institution. This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives.
SPAYNE SWINDLE, age 19, of Pittsburgh, Pennsylvania, was sentenced to 57 months in prison and six years of supervised release for “Distribution of Cocaine within 1,000 Feet of the Pierpont Community and Technical College.” The Court also ordered the forfeiture of $1,968 in U.S. currency and four cellular telephones seized from SWINDLE. SWINDLE was remanded to the custody of the United States Marshal pending designation to a Federal institution. The case was investigated by the Greater Harrison County Drug and Violent Crime Task Force.
AARON MONTREAL RIGGIN, age 37, of Raleigh, North Carolina, was sentenced to 37 months in prison and three years of supervised release for “Conspiracy to Distribute Oxycodone” in Morgantown, WV, between September of 2011 to April 21, 2012. The Court also ordered the forfeiture of $10,000 seized from RIGGIN. This case was investigated by the West Virginia State Police-Bureau of Criminal Investigations.
JOHN CHAMBERS, age 62, of Clarksburg, was sentenced to 36 months in prison and six years of supervised release for “Possession of Child Pornography.”
SASHA PEGGUES, age 28, of Morgantown, was sentenced to 27 months in prison and five years of supervised release for “Aggravated Identity Theft.” PEGGUES forged checks belonging to an elderly man for whom she was providing care-giving services for her personal use. The Court also ordered PEGGUES to make restitution in the amount of $27,960.90. PEGGUES was remanded to the custody of the United States Marshal pending designation to a Federal institution. This case was investigated by the United States Postal Inspection Service and the Morgantown Police Department.
Judge Keeley also took several guilty pleas, according to Ihlenfeld, as follows:
MATTHEW VANHORN, 27, and MEGAN COUNTS, age 24, of Stonewood, West Virginia, entered pleas of guilty to “Possession with Intent to Distribute Heroin within 1,000 Feet of the Stonewood City Park.” CHARLES COUNTS, age 42 and ONDREA KATHERINE COUNTS, age 41, of Stonewood, entered pleas of guilty to “Distribution of MDMA (Ecstasy) within 1,000 Feet of Oakmound Apartments,” and MARY WILCOX, age 43, of Stonewood; entered a plea of guilty to “Maintaining a Drug-Involved Premise.” VANHORN, who is in custody pending sentencing, and MEGAN COUNTS, CHARLES COUNTS and ONDREA COUNTS, who are free on bond pending sentencing, face up to 40 years in prison. WILCOX, who is in custody sentencing, faces up to 20 years in prison.
EVAN MICHAEL SHAW, age 22, of Bridgeport, West Virginia, entered a plea of guilty to “Distribution of Buprenorphine within 1,000 Feet of West Virginia Junior College.” As part of his plea, SHAW will forfeit $906 in United States currency which constitutes proceeds obtained from the illegal activity. SHAW, who is free on bond, faces up to 20 years in prison.
The VANHORN and SHAW cases were investigated by the Greater Harrison Drug and Violent Crime Task Force.
The cases referenced herein were prosecuted by Assistant United States Attorneys Shawn Morgan, Zelda Wesley, and Andrew Cogar.
USP Hazelton Inmates Enter Pleas and Are SentencedRead the Press Release
1125 Chapline Street, Federal Building, Suite 3000 ● Wheeling, WV 26003
(304) 234-0100 ● Contact: Chris Zumpetta-Parr, Public Affairs SpecialistCLARKSBURG, WEST VIRGINIA – United States Attorney William J. Ihlenfeld, II, announced that the following individuals appeared before Judge Irene M. Keeley.
VICENTE CHAVEZ, age 34, JOSE RODRIGUEZ-ZAVALA, age 39, ANDRES TORALES-MEDINA, age 31, and LUIS ALBERTO GARCIA, age 33, entered pleas of guilty to “Assault with a Dangerous Weapon with Intent to Do Bodily Harm.” CHAVEZ, RODRIGUEZ-ZAVALA, TORALES-MEDINA and GARCIA, who are members of the Surenos gang, participated in an assault on members of MS-13 gang. CHAVEZ was sentenced to 12 months in prison to run consecutive to his current 216-month sentence; RODRIGUEZ-ZAVALA was sentenced to 12 months in prison to run consecutive to his current 86-month sentence; and, TORALES-MEDINA was sentenced to 12 months in prison to run consecutive to his current 33-month sentence. GARCIA will be sentenced at a later date.
RYAN FIELDS, age 37, entered a plea of guilty to “Possession of a Prohibited Object” when staff found a homemade weapon or shank in FIELDS’ pants pocket. FIELDS was sentenced to 12 months in person to run consecutive with his current 540-month sentence.
MAKISHEA BOBBI WILLS, age 32, entered a plea of guilty to “Assault with a Dangerous Weapon with Intent to Do Bodily Harm.” WILLS was sentenced to 15 months in prison to run consecutive with her current 210-month sentence.
These cases were prosecuted by Assistant U.S. Attorney Brandon S. Flower and investigated by the Special Investigative Services Staff at USP Hazelton.
Five Individuals Enter Pleas in Federal CourtRead the Press Release
1125 Chapline Street, Federal Building, Suite 3000 ● Wheeling, WV 26003
(304) 234-0100 ● Contact: Chris Zumpetta-Parr, Public Affairs SpecialistMARTINSBURG, WEST VIRGINIA – Five individuals have entered pleas of guilty before Magistrate Judge James E. Seibert.
United States Attorney William J. Ihlenfeld, II announced that:
DAVID LEE FERGUSON, age 60, of Martinsburg, entered a plea of guilty to “Distribution of Crack Cocaine within 1,000 Feet of Burke Street Elementary School.” ASHLEY LUCILLE DIXSON, age 26, of Martinsburg, entered a plea of guilty to “Distribution of Crack Cocaine within 1,000 Feet of Rosemont Elementary School.” MONICA RENEE GREEN, age 35, entered a plea of guilty to “Distribution of Crack Cocaine.” FERGUSON and DIXSON, who are in custody pending sentencing, face up to 40 years in prison. GREEN, who is free on bond pending sentencing, faces up to 20 years in prison. This case was prosecuted by Assistant U.S. Attorney Stephen Vogrin and investigated by the Eastern Panhandle Drug & Violent Crime Task Force, consisting of officers from the West Virginia State Police - Bureau of Criminal Investigation, the Martinsburg Police Department, and the Berkeley County Sheriff’s Department.
CHARLES JONES, JR. a/k/a “BUCKY,” age 47, of Romney, West Virginia, entered a plea of guilty to “Sale of a Firearm to a Known Felon.” JONES, who is in custody pending sentencing, faces up to 10 years in prison. This case was prosecuted by Assistant U.S. Attorney Paul T. Camilletti and was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Hampshire County Sheriff’s Office.
ALVIN LEE STOLTZFUS, age 50, of Romney, West Virginia, entered a plea of guilty to “Cutting and Removal of Timber from Public Lands.” STOLTZFUS, who is free on bond pending sentencing, faces up to 1 year in prison. This case was prosecuted by Assistant U.S. Attorney David J. Perri and investigated by the National Park Service.
Steubenville Man Convicted on Cocaine Trafficking ChargeRead the Press Release
1125 Chapline Street, Federal Building, Suite 3000 ● Wheeling, WV 26003
(304) 234-0100 ● Contact: Chris Zumpetta-Parr, Public Affairs SpecialistDefendant faces up to Thirty Years in Prison
WHEELING, WEST VIRGINIA - A 42-year old Ohio man was convicted last week by a federal jury for conspiracy to distribute cocaine in the Northern District of West Virginia and in Jefferson County, Ohio.
United States Attorney William J. Ihlenfeld, II, announced that MICHAEL T. MCGEE, of Steubenville, was convicted of the felony offense of “Conspiracy to Possess with Intent to Distribute and to Distribute Cocaine” after a three-day jury trial before Judge Frederick P. Stamp, Jr. MCGEE, who has prior convictions for armed robbery and cocaine and marijuana trafficking, was found to have conspired with co-defendant Ronald Snider and others, to distribute cocaine, from November of 2012 to June of 2013.
MCGEE, who is in custody pending sentencing, faces up to 30 years imprisonment and a $2,000,000 fine.
The case was prosecuted by Assistant United States Attorney Robert H. McWilliams, Jr. and investigated by the Drug Enforcement Administration and the Steubenville Police Department.
Nine Individuals Sentenced for Federal Supervised Release ViolationsRead the Press Release
1125 Chapline Street, Federal Building, Suite 3000 ● Wheeling, WV 26003
(304) 234-0100 ● Contact: Chris Zumpetta-Parr, Public Affairs SpecialistWHEELING, WEST VIRGINIA - United States Attorney William J. Ihlenfeld, II, announced that during the month of December nine individuals had their supervised release revoked for violating terms and conditions imposed by the United States District Court.
CLARKSBURG DIVISION REVOCATIONS (Judge Irene M. Keeley)
DUPRE E. PHILLIPS, age 31, of Brooklyn, New York, was sentenced to 15 months in prison for failure to notify probation office of change in residence and failure to participate in treatment program. PHILLIPS was originally sentenced on June 16, 2006, to 122 months in prison and three years of supervised release for distribution of crack cocaine. In February of 2009, PHILLIPS’ sentence was reduced to 98 months in prison pursuant to the crack resentencing guidelines and in November of 2011, PHILLIPS’ sentence was again reduced to 64 months pursuant to the crack resentencing guidelines. PHILLIPS was remanded to the custody of the United States Marshal pending designation to a Federal institution.
ILLES WILLIAMS, age 34, of Morgantown, West Virginia, was sentenced to 12 months in prison for committing a new offense of Perjury. WILLIAMS was originally sentenced on January 22, 2009, to 78 months in prison and three years of supervised release for the distribution of crack cocaine. In February of 2009, WILLIAMS’ sentence was reduced to 63 months pursuant to the crack resentencing guidelines. WILLIAMS self-reported to the designated Federal institution on January 6, 2014.
THOMAS JEFFERSON DEEM, age 25, of Clarksburg, was sentenced to 10 months in prison for the unlawful use and possession of a controlled substance. DEEM was originally sentenced on November 9, 2012, to 6 months in prison and two years of supervised release for the distribution of hydrocodone within 1,000 feet of a protected location. DEEM was remanded to the custody of the United States Marshal pending designation to a Federal institution.
SHANNON ROSE AMSLER, age 27, of Stonewood, West Virginia, was sentenced to 6 months in prison for the use and possession of synthetic marijuana. AMSLER was originally sentenced on April 2, 2009, to 37 months in prison and six years of supervised release for the distribution of crack cocaine within 1,000 feet of a protected location. AMSLER was remanded to the custody of the United States Marshal pending designation to a Federal institution.
The United States was represented at the Clarksburg revocation hearings by Assistant U.S. Attorney Shawn A. Morgan.
ELKINS DIVISION REVOCATIONS (Chief Judge John Preston Bailey)
PATRICK MARTIN, age 35, of Glenville, West Virginia, was sentenced to 11 months in prison and 25 months of supervised release for committing the new offenses of trespassing, public intoxication and excessive use of alcohol. MARTIN was originally sentenced on September 8, 2008, to 18 months in prison and three years of supervised release for being a felon in possession of a firearm. On March 8, 2010, MARTIN’s supervised release was revoked due to his failure to register as a sex offender and he was sentenced to 11 months in prison and 25 months of supervised release. MARTIN was remanded to the custody of the United States Marshal pending designation to a Federal institution.
GREGORY STEPHEN SCOTT, age 33, of Beverly, West Virginia, was sentenced to 3 months in prison and 33 months of supervised release for possession and use of a controlled substance. SCOTT was originally sentenced on May 22, 2012, to 6 months in prison and three years of supervised release for conspiracy to distribute marijuana. SCOTT, who is free on bond, will self-report to the designated Federal institution on January 28, 2014.
The United States was represented at the Elkins revocation hearings by Assistant U.S. Attorneys Shawn A. Morgan and Stephen D. Warner.
WHEELING DIVISION REVOCATIONS (Judge Frederick P. Stamp, Jr.)
DENNIS SHAWN SCHUCH, age 44, of Reynoldsville, West Virginia, was sentenced to 14 months in prison for testing positive for the use of synthetic marijuana, failure to report for drug testing, failure to secure employment and committing another offense of driving on a suspended license. SCHUCH was originally sentenced on November 2, 2002, to 163 months in prison and five years of supervised release for the distribution of LSD within 1,000 feet of a school. On November 30, 2004, SCHUCH’s sentence was reduced to 120 months in prison. SCHUCH was remanded to the custody of the United States Marshal pending designation to a Federal institution.FRANCOIS ANTONIO BROWN, age 24, of Columbus, Ohio, was sentenced to 4 months imprisonment and 56 months of supervised release for testing positive for the use of controlled substances, failure to report for drug screens and failure to attend substance abuse counseling. BROWN was originally sentenced on August 11, 2008, to 70 months in prison and five years of supervised release for conspiracy to distribute more than 50 grams of crack cocaine. BROWN was released to supervised release on June 14, 2013, and these violations began within two months of his release. BROWN was remanded to the custody of the United States Marshal pending designation to a Federal institution.
The United States was represented at the Wheeling revocation hearings by Assistant U.S. Attorney John C. Parr.
MARTINSBURG DIVISION REVOCATIONS (Judge Gina M. Groh)WALTER JOHNSON, age 51, of Washington, DC, was sentenced to 48 months of supervised release with the first six months to be served under home detention for committing the offense of operating a vehicle while impaired. JOHNSON was originally sentenced on January 29, 2008, to 70 months in prison and 4 years of supervised release for the distribution of crack cocaine. In November of 2011, JOHNSON’s sentence was reduced to 60 months pursuant to the crack resentencing guidelines.
The United States was represented at the Martinsburg revocation hearing by Assistant U.S. Attorney Paul T. Camilletti.
The United States Probation Office carries out probation and pretrial services functions throughout the Northern District of West Virginia. With locations in Wheeling, Clarksburg, Martinsburg, and Elkins, the office works to assist the federal courts in the fair administration of justice, to protect the community, and to bring about long-term positive change in individuals under supervision. Jeff Givens is the Chief Probation Officer for the Northern District.
U.S. Attorney’s Office Collects $3,240,685.55 in Civil and Criminal Actions for U.S. Taxpayers in Fiscal Year 2013Read the Press Release
1125 Chapline Street, Federal Building, Suite 3000 ● Wheeling, WV 26003
(304) 234-0100 ● Contact: Chris Zumpetta-Parr, Public Affairs SpecialistWHEELING, WEST VIRGINIA – United States Attorney William J. Ihlenfeld, II, announced today that the Northern District of West Virginia collected $3,240,685.55 in criminal and civil actions in Fiscal Year 2013. Of this amount, $2,355,043.62 was collected in criminal actions and $885,641.93 was collected in civil actions.
Additionally, the Northern District worked with other U.S. Attorney’s Offices and components of the Department of Justice to collect an additional $11,028,221.11 in civil cases pursued jointly with these offices.
Attorney General Eric Holder announced on Thursday that the Justice Department collected $8.1 billion in civil and criminal actions in the fiscal year ending Sept. 30, 2013. The more than $8 billion in collections in FY 2013 represents over three times the appropriated $2.76 billion budget for the 94 U.S. Attorney’s offices and the main litigating divisions in that same period.
“The Department’s enforcement actions help to not only ensure justice is served, but also deliver a valuable return to the taxpayer,” said Attorney General Holder. “It is critical that Congress provide the resources necessary to match the Department’s mounting caseload. As these figures show, supporting our federal prosecutors is a sound investment.”
“My office works hard every day to protect the public and to recover funds for the federal treasury and for victims of crime,” said Ihlenfeld. “And for those who seek to profit from their illegal activities, we will continue to do everything within our power to take away assets that are acquired through criminal conduct.”
The largest criminal collection in the Northern District of West Virginia was the payment of $963,367.17 in restitution from Bernie Metz through the liquidation of the Roadworthy Tavern and Resort in West Liberty, WV, and several vehicles seized through the criminal asset forfeiture process. Metz was the former Chief Executive Officer at Center Valley Credit Union in Wheeling, WV where she embezzled $8,989,484 from customers, leading to the credit union’s bankruptcy. Metz still owes almost $3.9 million in restitution.
Other large criminal collections from the last fiscal year include:
- $600,000.00 paid by Chesapeake Appalachia, LLC as a result of its conviction on three counts of unauthorized discharge into a waterway of the United States, in violation of the Clean Water Act, relative to the dumping of approximately 60 tons of crushed stone and gravel on three different occasions into Blake Fork in Wetzel County, West Virginia, while developing access roads to a natural gas drilling site.
- $502,278.63 paid by Joseph Yurigan, D.C. of New Alexandria, PA as a result of his conviction for submitting fraudulent claims to Medicare and Medicaid. Although Yurigan still owes $322,692.03 to the Internal Revenue Service, nearly all of the restitution was paid at sentencing. The victims include Ohio Bureau of Workers’ Compensation, the West Virginia Insurance Commissioner, and BrickStreet Insurance.
Large civil collections from 2013 include:
- $11,000,000.00 paid by Vertullus Specialties, Inc. as a result of the entry of a Consent Judgment wherein it agreed to the payment of a civil penalty for violations of the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, (CERCLA) regarding clean-up costs at the Sharon Steel/Fairmont Coke Works property along Hoult Road in Fairmont, WV.
- $660,000.00 paid by the Ohio Valley Health Education & Services Corporation (OVHS&E), Ohio Valley Medical Center (OVMC), and East Ohio Regional Hospital (EORH) in FY 2013 on a case that was settled in FY 2012. These entities still owe nearly $1.84 million dollars to the federal government for violations of the Stark Act and improper compensation arrangements with physicians.
- $116,188.03 paid by Meadows Stone & Paving, Inc., Gassaway, West Virginia for penalties, interest and administrative fees regarding citations issued to it by the Mine Safety and Health Administration as a result of safety violations at its quarry operated at or near Valley Head, Randolph County, West Virginia.Large criminal asset forfeitures for FY 2013 include:
- $2,078,595.96 in assets and currency from Jeffrey Paglia as a result of his convictions for “Conspiracy to Distribute Controlled Substances” and “Structuring Monetary Transactions to Avoid Reporting Requirements.” Of this amount, $1,099,968.83 is the appraised value on real and personal properties and $978,627.14 is in United States currency. Paglia previously operated a store in Clakrsburg known as “Hot Stuff, Cool Things” from which he sold a synthetic drug sometimes referred to as Bath Salts.
- $130,200.00 forfeited by John Amorusco, Jr. as a result of his conviction for “Conspiracy to Distribute Marijuana.”
- $76,625.00 in assets and currency from Kimberly Mull as a result of her conviction for “Conspiracy to Distribute Controlled Substances.” Of this amount, $76,625.00 is the appraised value on forfeited vehicles and $50,000.00 is in United States currency.
The U.S. Attorneys’ Offices, along with the Departments litigating divisions, are responsible for enforcing and collecting civil and criminal debts owed to the U.S. and criminal debts owed to federal crime victims. The law requires defendants to pay restitution to victims of certain federal crimes who have suffered a physical injury or financial loss. While restitution is paid directly to the victim, criminal fines and felony assessments are paid to the Department’s Crime Victims’ Fund, which distributes the funds to state victim compensation and victim assistance program.
The largest civil collections were from affirmative civil enforcement cases, in which the United States recovered government money lost to fraud or other misconduct or collected fines imposed on individuals and/or corporations for violations of federal health, safety, civil rights or environmental laws. In addition, civil debts were collected on behalf of several federal agencies, including the U.S. Department of Housing and Urban Development, Health and Human Services, Internal Revenue Service, Small Business Administration and Department of Education.
Additionally, Ihlenfeld’s office, while working with partner agencies and divisions, collected $2,527,824.36 in asset forfeiture actions in FY 2013. Forfeited assets are deposited into the Department of Justice Assets Forfeiture Fund and are used to restore funds to crime victims and for a variety of law enforcement purposes.
Triadelphia Resident Sentenced to 27 Months on Federal Firearms ChargeRead the Press Release
1125 Chapline Street, Federal Building, Suite 3000 ● Wheeling, WV 26003
(304) 234-0100 ● Contact: Chris Zumpetta-Parr, Public Affairs SpecialistWHEELING, WEST VIRGINIA - A 44-year old Triadelphia, West Virginia, man who was convicted in September of 2013 after a two-day federal jury trial was sentenced by Judge Frederick P. Stamp, Jr.
United States Attorney William J. Ihlenfeld, II, stated that BRIAN BEHRENS was sentenced to 27 months in prison and three years of supervised release, after having been convicted of the felony offense of “Prohibited Person in Possession of a Firearm.” Evidence at trial showed that BEHRENS, who was prohibited from possessing a firearm due to a prior felony conviction in federal court in West Virginia for “Possession of a Firearm and Ammunition after Conviction for Domestic Violence” possessed a loaded Remington Model 700 7MM Caliber Magnum Hunting Rifle in a vehicle on McCutcheon Road in Ohio County while hunting for deer in November of 2012. BEHRENS was approached by a West Virginia Department of Natural Resources officer and initially provided a false name before acknowledging his true identity.
BEHRENS was remanded to the custody of the United States Marshal pending designation to a Federal institution.
The case was prosecuted by Assistant United States Attorney Stephen L. Vogrin and was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the West Virginia DNR Law Enforcement Section.
Former Fairmont State V-P Convicted of Embezzlement, Tax ChargesRead the Press Release
1125 Chapline Street, Federal Building, Suite 3000 ● Wheeling, WV 26003
(304) 234-0100 ● Contact: Chris Zumpetta-Parr, Public Affairs SpecialistCLARKSBURG, WEST VIRGINIA – A former vice-president at Fairmont State University has been convicted of stealing hundreds of thousands of dollars from the school through the use of a state-issued purchasing card.
United States Attorney William J. Ihlenfeld, II announced that DAVID A. TAMM, age
45, of Parkersburg, West Virginia, entered guilty pleas today before Judge Irene M. Keeley in Clarksburg federal court to “Embezzlement from State Agency Receiving Federal Funds” and “Making and Subscribing a False Tax Return for Tax Year 2012.”TAMM, the former Chief Information Officer at the school, admitted that from October of 2007 until January of 2013, he embezzled and stole funds from Fairmont State, including funds from federal education grants. TAMM also admitted to filing a false tax return for the 2012 tax year by reporting substantially less income than he had actually received.
TAMM, who is free on bond pending sentencing, faces up to ten years in prison on the embezzlement charge and up to three years in prison on the tax charge.
"Mr. Tamm took money belonging to one of our state universities and then used it to purchase a beautiful home, luxury automobiles, and expensive jewelry for his wife," said U.S. Attorney Ihlenfeld. "This is another case of someone abusing a position of trust to live a lifestyle otherwise unobtainable on one’s salary alone."
The investigation revealed that TAMM purchased hundreds of computer switches with his state purchasing card and then resold them for cash, receiving approximately $650,000 from the scheme. TAMM also used his purchasing card to acquire high-end electronics for his personal use.
This case was prosecuted by Assistant United States Attorney Andrew R. Cogar and was investigated by the Federal Bureau of Investigation, the Internal Revenue Service, the West Virginia Commission on Special Investigations and the Fairmont State University Police.
If anyone has information regarding public corruption in their community they are encouraged to call the West Virginia Public Corruption Hotline at 1-855-WVA-FEDS (1-855-982-3337), or to send an email to [email protected].
Former Bank Executive Indicted on Fraud ChargesRead the Press Release
1125 Chapline Street, Federal Building, Suite 3000 ● Wheeling, WV 26003
(304) 234-0100 ● Contact: Chris Zumpetta-Parr, Public Affairs SpecialistCLARKSBURG, WEST VIRGINIA – A former bank vice-president has been indicted on charges of fraudulently obtaining loans in the name of an elderly relative.
United States Attorney William J. Ihlenfeld, II, announced that John P. AMAN, 60 years old of Clarksburg, has been charged with eleven counts of “Bank Fraud.” AMAN, who formerly worked as an executive at Huntington National Bank and West Union Bank, is accused of borrowing nearly half a million dollars in the name of an in-law by abusing a power of attorney that the victim had provided to him. AMAN also is alleged to have abused his position at Huntington Bank and West Union Bank to bypass various policies and regulations that may have prevented the loans from being approved. He is also alleged to have misrepresented the purpose of the loans to the lenders.
In addition to his loans with Huntington and West Union, AMAN is accused of fraudulently borrowing funds from Freedom Bank and using stock owned by the victim as collateral for that loan. When the required payments on the loan at Freedom Bank were not made the victim’s stock was sold to satisfy the obligation. The victim of the scheme died in 2011 at the age of 89.
“A power of attorney can be a valuable tool but it can also be abused if entrusted to the wrong person," said U.S. Attorney Ihlenfeld. "Unfortunately, older West Virginians are oftentimes on the wrong end of schemes involving the fraudulent use of these very powerful documents."
AMAN faces up to 30 years in prison on each of the 11 counts, and a fine of up to $1 million. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant. The U.S. Attorney’s Office is also seeking a money judgment against AMAN in the amount of at least $372,164.
The case was investigated by the Federal Bureau of Investigation and will be prosecuted by Assistant United States Attorney Andrew R. Cogar. An indictment is an accusation. A defendant is presumed innocent unless and until proven guilty.
Five Plead Guilty to Gun Charges Stemming from Stonewood Police Break-InRead the Press Release
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(304) 234-0100 ● Contact: Chris Zumpetta-Parr, Public Affairs SpecialistCLARKSBURG, WEST VIRGINIA — Five Clarksburg residents entered pleas of guilty to charges stemming from the theft of firearms from the Stonewood Police Department on August 26, 2013.
United States Attorney William Ihlenfeld, II, announced that:
JONATHAN CARPENTER, age 25 and KRISOPHER COX, age 33, each entered a plea of guilty to “Felon in Possession of Firearms.” MICHELLE MCKINNEY, age 29, JOHN LYNCH, age 43, and DENAUL DICKERSON, age 26, each entered a plea of guilty to “Possession of Firearms by an Unlawful Drug User/Addict. CARPENTER, MCKINNEY, LYNCH and COX, who are free on bond pending sentencing, and DICKERSON, who is in custody pending sentencing, face up to 10 years in prison.
This case was prosecuted by Criminal Chief Shawn A. Morgan and was investigated by the Greater Harrison Drug and Violent Crime Task Force, the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Harrison county Sheriff’s Department. The task force consists of officers & agents from the Bridgeport Police Department; the Clarksburg Police Department; the Drug Enforcement Administration; the West Virginia State Police-Bureau of Criminal Investigations; the Bureau of Alcohol, Tobacco, Firearms and Explosives; the United States Postal Inspection Service; and the United States Marshals Service.
Drug Task Force Investigations Lead to Federal IndictmentsRead the Press Release
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(304) 234-0100 ● Contact: Chris Zumpetta-Parr, Public Affairs SpecialistCLARKSBURG, WEST VIRGINIA — Recent investigations by the Greater Harrison County Drug & Violent Crime Task Force have led to indictments being returned by a Federal Grand Jury sitting in Clarksburg this week.
United States Attorney William J. Ihlenfeld, II, announced that JAUNITA FARNSWORTH, age 31, and WILLIAM MURPHY a/k/a “MURPH,” age 24 of Clarksburg; and MARVIN PIERRE LEDBETTER, JR. a/k/a “MO,” age 28; STANLEY DYE, JR. a/k/a “SMOOTH,” and AMANDA LILLY DANIELS, age 25, of Michigan, were named in a seven-count Indictment charging them with “Conspiracy to Possess with Intent to Distribute and to Distribute Oxycodone.”
FARNSWORTH faces a total of seven counts, MURPHY faces a total of ten count; LEDBETTER faces a total of six counts; and, DYE and DANIELS each face a total of five counts.
In addition to the conspiracy charge, other charges include “Distribution of Oxycodone,” “Possession with Intent to Distribute Oxycodone,” “Maintaining a Drug-Involved Premise,” “Use and Carry of a Firearm in Relation to a Drug-Trafficking Offense,” “Possession of Firearm by Unlawful Drug User/Addict,” and, “Possession of an Unregistered Firearm.”
The defendants each face up to twenty years in prison on the conspiracy, distribution, possession with intent to distribute, and maintaining drug-involved premises charges; a mandatory term of five years in prison on the use and carry of a firearm charge; and up to ten years in prison on the other firearms charges.
The U.S. Attorney’s Office is seeking to forfeit firearms, ammunition and currency which was seized from defendants on December 19, 2013. The case will be prosecuted by Assistant United States Attorney Shawn A. Morgan.
In a separate Task Force case, DAMIAN R. ALLEN, 26, of Clarksburg, was named in a three-count Indictment charging him with the “Distribution of Crack Cocaine and Heroin within 1,000 Feet of Harrison Street Playground.” ALLEN, faces up to 40 years in prison on each count. The case will be prosecuted by Assistant United States Attorney Andrew R. Cogar.The Greater Harrison County Drug and Violent Crime Task Force consists of officers from the Bridgeport Police Department; Clarksburg Police Department; Drug Enforcement Administration; West Virginia State Police-Bureau of Criminal Investigations, Bureau of Alcohol, Tobacco, Firearms and Explosives, the United States Postal Inspection Service; and, the United States Marshals Service.
In other indictments returned this week by the grand jury, MARTIN L. QUEEN, age 51, of Clarksburg, was named in a three-count Indictment charging him with “Possession of Stolen Firearms” and “Making Materially False Statements and Representations.” QUEEN faces up to ten years in prison on the firearms charge and up to five years in prison on the two false statement charges. The QUEEN case will be prosecuted by Morgan and was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives.
JEREMY NATHAN FERRARO, age 33, was named in a one-count Indictment and MARLENA MAE LONG, age 49, was named in a three-count Indictment charging them with “Theft of Mail.” The defendants face up to five years in prison on each charge. These cases will be prosecuted by Assistant United States Attorney Michael D. Stein and were investigated by the United States Postal Inspection Service.
EDWARD CROW, age 43; ROBERT GLENN JOHNS, age 32; JOHN DAVID PINKE, age 35; and, KENNETH RUSSELL KRUM, former USP Hazelton inmates, were named in a seven-count Indictment charging them with “Conspiracy to Commit Assault with a Dangerous Weapon with Intent to do Bodily Harm.” CROW and JOHNS are named in a total of five counts; PINKE is named in a total of four counts; and, KRUM is named in one count. In addition to the conspiracy charge, other charges include “Assault with a Dangerous Weapon with Intent to Commit Murder,” “Assault with a Dangerous Weapon with Intent to do Bodily Harm,” “Assault Resulting in Serious Bodily Injury,” “Possession of a Prohibited Object,” and, “Accessory after the Fact to Assault with a Dangerous Weapon with Intent to do Bodily Harm.” The defendants face up to forty years in prison.
ROBERT KENNETH MOORE, age 27 and KEEGAN CHANCE VANTUYL, age 31, inmates at USP Hazelton were named in a four-count Indictment charging them with “Conspiracy to Commit Assault with a Dangerous Weapon with Intent to do Bodily Harm,” Assault with a Dangerous Weapon with Intent to do Bodily Harm,” and, “Possession of a Prohibited Object.” MOORE and VANTUYL face up to twenty years in prison on the charges. The cases will be prosecuted by Assistant United States Attorney Brandon S. Flower and were investigated by the Special Investigative Services Unit at USP Hazelton.
An indictment is an accusation. A defendant is presumed innocent unless and until proven guilty.Three Individuals Convicted on Drug ChargesRead the Press Release
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WHEELING, WEST VIRGINIA – Three individuals entered pleas of guilty before Judge Frederick P. Stamp, Jr.
U.S. Attorney William J. Ihlenfeld, II, announced that
SYLVESTER WALKER, also known as "COOP", age 21, of Wheeling, entered a plea of guilty to “Distribution of Crack Cocaine within 1,000 Feet of Luau Manor” and NICOLE MARIE GUST, age 20, of Bellaire, Ohio, entered a plea of guilty to “Aiding and Abetting the Distribution of Crack Cocaine.” WALKER, who is in custody pending sentencing, faces up to 40 years in prison and GUST, who is in custody pending sentencing, faces up to 20 years in prison. This case was prosecuted by Assistant U.S. Attorney Randolph J. Bernard and was investigated by the Ohio Valley Drug & Violent Crime Task Force, consisting of officers from the Wheeling Police Department, the Ohio County Sheriff’s Department, and the Drug Enforcement Administration.
MICHAEL HURST, age 27, of Moundsville, West Virginia, entered a plea of guilty to “Aiding and Abetting the Distribution of Oxycodone within 1,000 Feet of Moundsville Middle School.” HURST, who is free on bond pending sentencing, faces up to 40 years in prison. This case was prosecuted by Assistant U.S. Attorney Robert H. McWilliams, Jr. and investigated by the Marshall County Drug Task Force includes officers and agents from the Moundsville Police Department, the Marshall County Sheriff’s Department, and the Drug Enforcement Administration.
Salem Man Indicted for Attempt to Interfere with Administration of IRSRead the Press Release
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Federal Grand Jury also returns three additional indictments
ELKINS, WEST VIRGINIA — United States Attorney William J. Ihlenfeld, II, announced that an investigation by the Internal Revenue Service-Criminal Investigations has led to a federal indictment being returned this week in Elkins.
DUANE PHILIP MCATEE, age 43, of Salem, West Virginia, was charged with one count of “Attempt to Obstruct or Impede the Due Administration of Justice.” If convicted, MCATEE faces up to three years in prison. This case will be prosecuted by Assistant U.S. Attorney Paul T. Camilletti.
In the three separate cases:
ALFONSO CRUZ-GREGORIO, age 39, an inmate at FCI Gilmer, was named in a two-count Indictment charging him with “Assault with a Dangerous Weapon with Intent to do Bodily Harm” and “Possession of a Prohibited Object [Weapon].” If convicted, CRUZ- GREGORIO faces up to fifteen years in prison. This case will be prosecuted by Assistant U.S. Attorney Brandon S. Flower and was investigated by the Special Investigations Section at FCI Gilmer.
RONALD SNYDER, age 39, of Buckhannon, West Virginia, was named in a one-count Indictment charging him with “Failure to Update Sex Offender Registration” as required by the Sex Offender Registration and Notification Act. If convicted, SNYDER faces up to ten years in prison. This case will be prosecuted by Criminal Chief Shawn A. Morgan and was investigated by the U.S. Marshals Service.
JOSE SANTOS NATIVI-REYES, age 33, was named in a one-count Indictment charging him with entering the United States, after having been previously deported, without obtaining the express consent of the Secretary of Homeland Security or the Attorney General of the United States to reapply for admission to the United States. NATIVI-REYES was found in Berkeley County, West Virginia, on September 13, 2013. If convicted, NATIVI-REYES faces up to two year in prison and deportation. The case will be prosecuted by Assistant United States Attorney Paul T. Camilletti and was investigated by US Immigration and Customs Enforcement, Homeland Security Investigations (ICE/HSI).
All of the charges contained in the above-referenced indictments are merely accusations and not evidence of guilt, and each defendant is presumed innocent until and unless proven guilty. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offense and the criminal history, if any, of the defendant.
Moorefield Man Sentenced to Fifteen Years for Trafficking of PainkillersRead the Press Release
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Sixteen Others Appear for Plea and Sentencing Hearings
ELKINS, WEST VIRGINIA – United States Attorney William J. Ihlenfeld, II, announced that TIMOTHY JUSTON WIMER, age 29, of Moorefield, West Virginia, was sentenced to 188 months in prison as a result of his convictions for “Possession with Intent to Distribute Hydrocodone,” “Possession with Intent to Distribute Oxycodone,” “Possession with Intent to Distribute Methamphetamine,” and “Possession with Intent to Distribute Morphine.” The investigation began in 2012 and ended in 2013, with the criminal acts taking place in Grant and Hardy counties.
WIMER has five prior felony convictions in State Court in Hardy, Grant, and Mineral counties, including one for “Sexual Assault.” He was remanded to the custody of the United States Marshal pending designation to a federal prison.
This case was investigated by uniformed officers of the West Virginia State Police, West Virginia State Police-BCI, Federal Bureau of Investigation, the Moorefield Police Department, the Grant County Sheriff’s Office and the Hardy County Sheriff’s Office. Chief Judge John Preston Bailey imposed the sentence upon WIMER.
Sixteen others appeared before Judge Bailey and Magistrate Judge John S. Kaull for plea and sentencing hearings, as follows:
JAMES FRANKLIN FLUHARTY, age 45, of Bridgewater, Virginia, was sentenced to 57 months in prison for Possession of Pseudoephedrine to be Used in the Manufacture of Methamphetamine.” FLUHARTY, who is free on bond, will self-report to the designated Federal institution. This case was investigated by uniformed officers of the West Virginia State Police and the West Virginia State Police BCI unit.
RODOLFO VILLAGOMEZ CORREA a/k/a “CHINO,” age 33, of Buckhannon, West Virginia, was sentenced to 46 months in prison for “Possession of Firearms by an Alien Illegally in the United States.” The Court ordered that CORREA’s sentence run consecutive to any sentence he may receive in Upshur County, where he has been charged with murder. The Court also ordered that CORREA abandon to the United States Department of Homeland Security all right, title, interest and claim to 16 firearms, a counterfeit Resident Alien Card, a counterfeit Permanent Resident Card, and other items seized. CORREA was returned back to the custody of the State of West Virginia. This case was investigated by U.S. Immigration and Customs Enforcement, Homeland Security Investigations (ICE/HSI); the West Virginia State Police; the Bureau of Alcohol, Tobacco, Firearms and Explosives; the United States Forest Service; and, the Buckhannon Police Department.
LEONARDO RAMOS RODRIGUEZ, age 36, of Petersburg, West Virginia, was sentenced to 37 months in prison for one count off “Distribution of Oxycodone” and one count of “Felon in Possession of a Firearm.” RODRIGUEZ was remanded to the custody of the United States Marshal pending designation to a Federal institution. This case was investigated by U.S. Immigration and Customs Enforcement, Homeland Security Investigations (ICE/HSI); the West Virginia State Police-Bureau of Criminal Investigations; the Bureau of Alcohol, Tobacco, Firearms and Explosives; uniformed officers of the West Virginia State Police; the Grant County Sheriff’s Office; and, the Grant County Probation Office.
JACK FRANCIS GIBBINS, age 36, of Moorefield, was sentenced to 37 months in prison for “Distribution of Heroin.” GIBBINS was remanded to the custody of the United States Marshal pending designation to a Federal institution.
CHRISTOPHER MICHAEL FISCHER, age 27, of Moorefield, was sentenced to 32 months in prison for “Possession of Pseudoephedrine to be Used in the Manufacture of Methamphetamine.” FISCHER, who is free on bond, will self-report to the designated Federal institution.
TONYA RENEE HAYMOND, age 28, of Romney, West Virginia, was sentenced to 31 months in prison for “Distribution of Heroin.” HAYMOND was remanded to the custody of the United States Marshal pending designation to a Federal institution.
ROGER ALLEN SEE, age 23, of Lost River, West Virginia, was sentenced to 30 months in prison for “Possession of Material to be Used in the Manufacture of Methamphetamine.” SEE, who is free on bond, will self-report to the designated Federal institution.
The GIBBONS, FISCHER, HAYMOND and SEE cases were investigated by the Hardy County Sheriff’s Office and the Moorefield Police Department.
LISHA LYNN RUNIONS, age 52, of Fisher, West Virginia, and, LISA LYNN CRITES, 37, of Moorefield, were sentenced to 5 years of probation for “Possession of Material Used in the Manufacture of Methamphetamine.” This case was investigated by the West Virginia State Police-BCI, uniformed officers of the West Virginia State Police and the Hardy County Sheriff’s Department.
MEGAN ROHRBAUGH, age 23, of Rio, West Virginia, was sentenced to 2 years of probation for “Distribution of Oxycodone.” This case was investigated by the West Virginia State Police-BCI.
TIMOTHY ALLEN HAWKS, age 20, ELIZABETH CHRISTINE SAMPSELL, age 42, COURTNEY LEE KNIGHT, age 30, and CYNTHIA MARIE TAYLOR, age 28, of Moorefield, entered pleas of guilty before Magistrate Kaull. HAWKS entered a plea to “Possession of Material to be Used in the Manufacture of Methamphetamine” and SAMPSELL, KNIGHT and TAYLOR entered pleas of guilty to ““Possession of Pseudoephedrine to be Used in the Manufacture of Methamphetamine.” HAWKS, who is in custody pending sentencing, faces up to 10 years in prison. SAMPSELL, KNIGHT and TAYLOR, who are free on bond pending sentencing, face up to 20 years in prison. This case was investigated by the Potomac Highlands Drug & Violent Crime Task Force, consisting of officers from the Federal Bureau of Investigation, and the West Virginia State Police - Bureau of Criminal Investigations and US Immigration and Customs Enforcement, Homeland Security Investigations (ICE/HSI); the Grant County Sheriff’s Office, the Hardy County Sheriff’s Office and the Moorefield Police Department.
MATTHEW PAUL SELLERS, age 25, of Annapolis, Maryland, entered a plea of guilty before Judge Kaull to “Possession of Pseudoephedrine to be Used in the Manufacture of Methamphetamine.” SELLERS, who is in bond pending sentencing, faces up to 20 years in prison. This case was investigated by the West Virginia State Police and the Lewis County Sheriff’s Department.
SUSAN CHLOE RIDLEY, age 48, of Parsons, West Virginia, entered a plea of guilty before Judge Bailey to “Distribution of Pseudoephedrine.” RIDLEY, who is on bond pending sentencing, faces up to 5 years in prison. This case was investigated by agents and officers of the United States Forest Service and the Tucker County Sheriff’s Office.
The above-listed cases were prosecuted by Assistant U.S. Attorney Stephen D. Warner.
PATRICK S. CRITES, age 46, of Moorefield, was sentenced to 10 months in prison for “Transmitting Threatening Communications in Interstate Commerce.” CRITES was remanded to the custody of the United States Marshal pending designation to a Federal institiution. This case was prosecuted by Criminal Chief Shawn A. Morgan and was investigated by the United States Secret Service, as the threat was made to the White House.
Former Huntington Bank Manager Sentenced for Embezzling from the ElderlyRead the Press Release
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ELKINS, WEST VIRGINIA —United States Attorney William J. Ihlenfeld, II, announced that a former branch manager from Huntington National Bank was sentenced to 37 months in prison for stealing nearly $250,000 from accounts belonging to elderly customers.
DEBORAH D. RADCLIFF, age 51, of Weston, West Virginia, was sentenced to over three years in prison by Chief Judge John Preston Bailey and was also ordered to repay the victims of her crime. Judge Bailey made a specific finding that RADCLIFF had methodically selected her victims due to their age. RADCLIFF had previously entered guilty pleas to the felony offenses of “Embezzlement by a Bank Employee” and one count of “Structuring.”
“Ms. Radcliff preyed upon her most vulnerable customers at the bank in order to line her own pockets,” said Ihlenfeld. “Anyone who targets the elderly in a scheme like this deserves a significant punishment like the one imposed by the Court.”
During the period July 1, 2011, to November 5, 2012, while serving as the branch manager of Huntington Bank in Weston, RADCLIFF embezzled and misapplied $247,249.88 from customers’ accounts and engaged in acts of structuring to cause the bank to fail to file a Currency Transaction Report for currency transactions of $10,000 or more. To execute the scheme, RADCLIFF utilized her position as branch manager to issue or direct to be issued cashier’s checks from funds withdrawn from customer accounts issued in the name of the customer. RADCLIFF would then take possession of the cashier’s check, forge the name of the depositor and cash the checks for her own personal benefit. The ages of the alleged victims ranged from 56 to 90 years, with all but one alleged victim 64 years or older.
RADCLIFF, who is free on bond, will report to federal prison in February.The case was prosecuted by Assistant United States Attorney John C. Parr and investigated by the Federal Bureau of Investigation and Internal Revenue Service, with cooperation from the Huntington National Bank’s Corporate Security office.
Seven Individuals Sentenced in Federal CourtRead the Press Release
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MARTINSBURG, WEST VIRGINIA – Seven individuals have been sentenced by Judge Gina M. Groh in Federal Court.
United States Attorney William J. Ihlenfeld, II announced that:
DANIEL ROBERT MYERS, JR., age 35, and JORDAN BROOKE GAMBRELL, age 20, both of Hedgesville, West Virginia, were sentenced to 46 months in prison and 18 months in prison respectively, for “Possession with Intent to Distribute Heroin” on November 15, 2012. MYERS and GAMBRELL were remanded to the custody of the United States Marshal pending designation to a Federal institution. This case was prosecuted by Assistant United States Attorney Jarod J. Douglas and investigated by the Eastern Panhandle Drug & Violent Crime Task Force, consisting of officers from the West Virginia State Police - Bureau of Criminal Investigation, the Martinsburg Police Department, and the Berkeley County Sheriff’s Department.
DANNY RAY TERRY, age 54, of Martinsburg, was sentenced to 37 months in prison for “Failure to Register and Update Registration as a Sex Offender” when he moved to West Virginia in 2011. TERRY was remanded to the custody of the United States Marshal pending designation to a Federal institution. This case was prosecuted by Assistant U.S. Attorney Stephen L. Vogrin and investigated by the United States Marshals Service.
BRIAN NICKENS, age 38, of Shenandoah Junction, West Virginia, was sentenced to 30 months in prison for “Drug User in Possession of a Firearm” on March 26, 2012. NICKENS was remanded to the custody of the United States Marshal pending designation to a Federal institution. This case was prosecuted by Assistant U.S. Attorney Paul T. Camilletti and investigated by the Jefferson County Sheriff’s Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives.
ERIC SCOTT TAYLOR, age 34, of Gerrardstown, West Virginia, was sentenced to 4 months in prison for the “Distribution of Marijuana.” TAYLOR was remanded to the custody of the United States Marshal pending designation to a Federal institution. This case was prosecuted by Douglas and investigated by Bureau of Alcohol, Tobacco, Firearms and Explosives.
PERRY JOSEPH JENKINS, age 33, of Martinsburg, was sentenced to 4 years probation for the “Sale of Firearms to a Prohibited Person.” This case was prosecuted by Camilletti and investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives.
BENJAMIN CHAVIS, II, age 54, of Martinsburg was sentenced to 3 years probation for the “Distribution of Heroin.” This case was prosecuted by Douglas and investigated by the Eastern Panhandle Drug & Violent Crime Task Force, consisting of officers from the West Virginia State Police - Bureau of Criminal Investigation, the Martinsburg Police Department, and the Berkeley County Sheriff’s Department.
Eleven Individuals Enter Pleas in Federal CourtRead the Press Release
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CLARKSBURG, WEST VIRGINIA – United States Attorney William J. Ihlenfeld, II, announced that eleven individuals entered pleas of guilty in Federal Court.
DANIEL JOSEPH HANST, age 27, BRANDI RENEE SMITH, age 26, LISA NICOLE SMITH, age 24 and ANTHONY WILLIAM OURS, age 32, of Fairmont, West Virginia, entered pleas of guilty before Magistrate Judge John S. Kaull to “Possession of Pseudoephedrine to be Used in the Manufacture of Methamphetamine.” and “Attempt to Possess Pseudoephedrine to be Used in the Manufacture of Methamphetamine.” HANST and BRANDI SMITH, who are in custody, and LISA SMITH and OURS, who are free on bond, face up to 20 years in prison. This case was prosecuted by Assistant United States Attorney Brandon S. Flower and investigated by the Three Rivers Drug Task Force, consisting of officers from the Fairmont Police Department and the Fairmont State University Police Department.
ERIC SCOTT PENNINGTON, age 30, of Parsons, West Virginia, and, MISTY AUTUMN GRAFTON, age 26, of Hambleton, West Virginia, entered pleas of guilty before Judge Kaull to “Possession of Pseudoephedrine to be Used in the Manufacture of Methamphetamine.” PENNINGTON and GRAFTON, who are free on bond pending sentencing, face up to 20 years in prison. This case was investigated by the Monongahela National Forest-Law Enforcement and Investigations and the Tucker County Sheriff’s Department.
RONNIE GERALD BELT, age 52, of Camden on Gauley, West Virginia, entered a plea of guilty before Judge Kaull to “Possession of Material Used in the Manufacture of Methamphetamine.” BELT, who is in custody pending sentencing, faces up to 10 years in prison.
TRACI LYNN WILSON, age 27, of Moorefield, West Virginia, entered a plea of guilty before Judge Kaull to “Distribution of Methamphetamine within 1,000 Feet of a School.” WILSON, who is free on bond pending sentencing, faces up to 40 years in prison.
The BELT and WILSON cases were investigated by the West Virginia State Police.
ROBERT VAUGHN BARNETTE, II, age 28, of Weston, West Virginia, entered a plea of guilty before Judge Kaull to “Possession of Pseudoephedrine to be Used in the Manufacture of Methamphetamine.” BARNETTE, who is in custody pending sentencing, faces up to 20 years in prison. This case was investigated by the West Virginia State Police and the Lewis County Sheriff’s Department.
These cases were prosecuted by Assistant United States Attorney Stephen D. Warner.
DONNA STURM, age 32, of Belington, West Virginia, entered a plea of guilty before Magistrate Kaull to “Distribution of Marijuana” and “Felon in Possession of a Firearm.” STURM, who is free on bond pending sentencing, faces up to 15 years in prison. This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives; and, the West Virginia State Police.
SHANE O. BRANTLEY, age 36, of Sutton, West Virginia, entered a plea of guilty before District Judge Irene M. Keeley to “Felon in Possession of a Firearm” on April 25, 2012, in Braxton County. BRANTLEY, who is free on bond pending sentencing, faces up to 10 years in prison. This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives; the West Virginia State Police; the Braxton County Sheriff’s Department; and, the Sutton Police Department.
The STURM and BRANTLEY cases were prosecuted by Assistant United States Attorney Zelda E. Wesley.
West Virginia Man Convicted of Cocaine Trafficking, Operating Dog Fighting VentureRead the Press Release
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MARTINSBURG, WEST VIRGINIA – A Piedmont, West Virginia man has pleaded guilty to three felonies, including one tied to the operation of a dog fighting venture.
United States Attorney William J. Ihlenfeld, II announced that TIMOTHY PAUL STEWART, age 34, of Piedmont, entered pleas of guilty to “Conspiracy to Distribute Crack Cocaine,” “Felon in Possession of a Firearm,” and “Possession of Dogs for Dog Fighting.” U.S. Magistrate Judge James E. Seibert accepted the pleas in Martinsburg federal court.
According to U.S. Attorney Ihlenfeld, in October of this year agents served a federal drug trafficking indictment upon STEWART at his Mineral County home. During this process, officers observed seven firearms in plain view. After securing STEWART, officers then obtained a federal search warrant and returned to seize controlled substances, the seven firearms, and ammunition. During the execution of the search warrant, officers entered the basement of the residence where they observed evidence of an animal fighting venture including dogs, dog pelts, cages, and training equipment for the dogs. A new search warrant was obtained for the residence in order to seize the evidence of the animal fighting operation. Officers also seized approximately 25 grams of cocaine base and $3,968.00 in U.S. Currency.
STEWART, who is in custody pending sentencing, faces up to 45 years in prison. As part of his plea, STEWART must forfeit the firearms and the U.S. currency. The case was investigated by the Potomac Highlands Drug & Violent Crime Task Force, consisting of officers from the Federal Bureau of Investigation, and the West Virginia State Police - Bureau of Criminal Investigations.
Five other cases were heard by Judge Seibert, as follows:
STACEY L. WILLIAMSON, age 48, of Flintstone, Maryland, entered a plea of guilty to “Theft of Government Funds.” From March of 2013 to July 31, 2013, WILLIAMSON, who was a U.S. Postal Service employee, admitted to converting $1,737.49 to her own use. WILLIAMSON, who is free on bond pending sentencing, faces up to 10 years in prison. This case was investigated by the United States Postal Inspection Service.
The STEWART and WILLIAMSON cases were prosecuted by Assistant United States Attorney Jarod J. Douglas.
CARL CHANEY, age 60, of Springfield, West Virginia, entered a plea of guilty to “Felon in Possession of a Firearm.” CHANEY, who is free on bond pending sentencing, faces up to 10 years in prison.
DONNIE COLLINS, age 28, of Martinsburg, entered a plea of guilty to “Felon in Possession of a Firearm.” COLLINS, who is in custody pending sentencing, faces up to life years in prison due to four prior felony convictions from Baltimore, Maryland.
The CHANEY and COLLINS cases were handled by Assistant United States Attorney Paul T. Camilletti and investigate by the Bureau of Alcohol, Tobacco, Firearms and Explosives; the Berkeley County Sheriff’s Office and the West Virginia State Police.
CHARLES F. WADDELL, age 37, entered a plea of guilty to “Failure to Register as a Sex Offender.” WADDELL, who is in custody pending sentencing, faces up to 10 years in prison. This case was prosecuted by Assistant United States Attorney Andrew R. Cogar and investigated by the United States Marshals Service.
Finally, MICHELLE BROWN, age 34, of Martinsburg, West Virginia, entered a plea of guilty to “Distribution of Crack Cocaine.” BROWN, who is free on bond pending sentencing, faces up to 20 years in prison. This case was prosecuted by Assistant United States Attorney David J. Perri and investigated by the Eastern Panhandle Drug & Violent Crime Task Force, consisting of officers from the West Virginia State Police - Bureau of Criminal Investigation, the Martinsburg Police Department, the Berkeley County Sheriff’s Department, and the Jefferson County Sheriff’s Department.
Detroit Man Convicted of Oxycodone DistributionRead the Press Release
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WHEELING, WEST VIRGINIA – A Michigan man has been convicted of distributing painkillers in Northern West Virginia.
U.S. Attorney William J. Ihlenfeld, II, announced that MALCOLM TYLER, age 36, of Detroit entered a plea of guilty before Judge Frederick P. Stamp, Jr. to “Conspiracy to Distribute Oxycodone” in the Wheeling area from late 2011 to Spring of 2012. TYLER admitted to being a source of supply of painkillers for a Wheeling-area drug dealer, who then redistributed the pills locally.
TYLER is in custody pending sentencing and faces up to 20 years in federal prison. As a result of this conviction TYLER violated his state parole and will face prison time in Michigan once he has completed his federal sentence.
The TYLER case was prosecuted by Assistant United States Attorney Randolph J. Bernard and was investigated by the Ohio Valley Drug & Violent Crime Task Force, consisting of officers and agents from the Wheeling Police Department, the Ohio County Sheriff’s Department, West Virginia State Police-BCI, and the Drug Enforcement Administration.
U.S. Attorney Ihlenfeld also announced that five individuals were sentenced and one other entered a guilty plea. The following individuals were sentenced by Chief Judge John Preston Bailey:
JAMES GREATHOUSE, age 23, of Wheeling, was sentenced to 85 months in prison and three years of supervised release as a result of his conviction for “Felon in Possession of a Firearm.” GREATHOUSE was remanded to the custody of the United States Marshal pending designation to a Federal institution. The case prosecuted by Assistant United States Attorney Stephen L. Vogrin and investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives.
MONTRELL L. BLACK, also known as “SLIM”, age 20, of Wheeling, was sentenced to 46 months in prison and three years of supervised release for “Conspiracy to Distribute Crack Cocaine” and “Felon in Possession of a Firearm.” BLACK was remanded to the custody of the United States Marshal pending designation to a Federal institution.
DANIEL R. ROBERTSON, age 28, was sentenced to 24 months in prison and three years of supervised release for the “Distribution of Oxymorphone.” ROBERTSON was remanded to the custody of the United States Marshal pending designation to a Federal institution.
The BLACK and ROBERTSON cases were prosecuted by Assistant United States Attorney Randolph J. Bernard and investigated by the Marshall County Drug Task Force, which includes officers and agents from the Moundsville Police Department, the Marshall County Sheriff’s Department, and the Drug Enforcement Administration.
CHRISTIAN E. IVERSON, age 26, of New Martinsville, was sentenced to 24 months in prison and three years of supervised release for “Felon in Possession of a Firearm.” IVERSON, who is free on bond, will self-report to the designated Federal institution on January 8, 2014. This case was investigated by the New Martinsville Police Department and the Bureau of Alcohol, Tobacco, Firearms & Explosives.
MICHAEL RUNYON, age 33, of Bridgeport, Ohio, was sentenced to 15 months in prison and five years of supervised release for “Failure to Update Sex Offender Registration.” RUNYON, who is free on bond, will self-report to the designated Federal institution on January 8, 2014. This case was investigated by the United States Marshals Service.
The IVERSON and RUNYON cases were prosecuted by Assistant United States Attorney David J. Perri.
CODY G. ROBERTSON, age 29, of Hundred, West Virginia, entered a plea of guilty before Magistrate Judge James E. Seibert to “Possession of Child Pornography.” ROBERTSON, who is free on bond pending sentencing, faces up to 10 years in prison and lifetime supervision. This case was prosecuted by Assistant United States Attorney Robert H. McWilliams, Jr. and was investigated by the Federal Bureau of Investigation. ROBERTSON will be sentenced once a pre-sentence investigation report has been completed.
Twenty-Two Individuals Sentenced During the Months of September, October and November for Federal Supervised Release ViolationsRead the Press Release
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WHEELING, WEST VIRGINIA - United States Attorney William J. Ihlenfeld, II, announced that during the months of September, October and November twenty-two individuals had their supervised release revoked for violating terms and conditions imposed by the United States District Court.
CLARKSBURG DIVISION REVOCATIONS
(Judge Irene M. Keeley)
STEVE HALLER, age 45, of Fairmont, West Virginia, was sentenced to 24 months in prison for attempting to defeat drug tests and failure to submit fine payments. HALLER was originally sentenced on June 18, 1996, to 188 months in prison and five years of supervised release for distribution of cocaine within 1,000 feet of a school. On October 19, 2011, HALLER’s supervised release was revoked and he was sentenced to 6 months in prison and 54 months of supervised release for testing positive for the use of a controlled substance. HALLER self-reported to the designated Federal institution on November 18, 2013.
FRANK LAWRENCE, age 38, of Fairmont, was sentenced to 24 months in prison for testing positive for the use of controlled substances, failure to report for drug screens, unauthorized contact with a convicted felon, and failure to report income. LAWRENCE was originally sentenced on August 4, 2005, to 77 months in prison and 3 years of supervised release for conspiracy to possess oxycodone and morphine. LAWRENCE self-report to the designated Federal institution on September 30, 2013.
HARRY PAUL HERSHMAN, age 57, of Tunnelton, West Virginia, was sentence to 24 months in prison for convicting a new offense of burglary. HERSHMAN was originally sentenced on March 1, 2011, to 21 months in prison and 3 years of supervised release for felon in possession of a firearm. HERSHMAN was remanded to the custody of the United States Marshal pending designation to a Federal institution.MARK WILLIAM CANO, age 56, of Clarksburg, was sentenced to 12 months and 1 day in prison for testing positive for the use of cocaine. CANO was originally sentenced on May 22, 2007, to 57 months in prison and 6 years of supervised release. In February of 2009, CANO’s sentence was reduced to 46 months in prison pursuant to the crack resentencing guidelines. CANO was remanded to the custody of the United States Marshal pending designation to a Federal institution.
DEBRA LYNN BOLDEN, age 43, of Morgantown, West Virginia, was sentenced to 10 months in prison for failure to provide urine tests, failure to attend counseling session, failure to enroll in a treatment program, possession of a controlled substance and use of a controlled substance. BOLDEN was originally sentenced on October 4, 2011, to 3 years probation for the distribution of heroin. On December 8, 2011, BOLDEN’s supervised release was revoked and she was sentenced to 10 months in prison and 3 years of supervised release for testing positive for the use of controlled substances. BOLDEN was remanded to the custody of the United States Marshal pending designation to a Federal institution.
NANCY JO NICHOLAS, age 48, of Clarksburg, was sentenced to 6 months in prison and 66 months of supervised release for possession of a controlled substance and testing positive for the use of a controlled substance. NICHOLAS was originally sentenced on October 11, 2011, to 12 months and 1 day in prison and 6 years of supervised release for the distribution of heroin within 1,000 feet of a protected location. NICHOLAS will self-report to the designated Federal institution.
SHAWN LONG, age 45, of Clarksburg, was sentenced to 6 months in prison and 66 months of supervised release for possession of marijuana, testing positive for the use of marijuana, and a new arrest for driving on a revoked license for DUI and no proof of insurance. LONG was originally sentenced on September 21, 2011, to 12 months and 1 day in prison and 6 years of supervised release for the distribution of cocaine within 1,000 feet of a protected location. LONG will self-report to the designated Federal institution on January 3, 2014.
RYAN DREW TAYLOR, age 33, of Morgantown, was sentenced to 6 months in prison for possession of a controlled substance, use of a controlled substance and possession of a weapon. TAYLOR was originally sentenced on October 17, 2003, for distribution of crack cocaine. In February of 2009, TAYLOR’s sentence was reduced to 87 months in prison pursuant to the crack resentencing guidelines. TAYLOR self-report to the designated Federal institution on October 9, 2013.
TIMOTHY ROBERT WILSON, age 27, of Clarksburg, was sentenced to 4 months in prison and 48 months of supervised release for possession and use of controlled substances and alcohol. WILSON was originally sentenced on October 8, 2009, to 71 months in prison and 6 years of supervised release for the distribution of crack cocaine within 1,000 feet of a protected location. In October of 2011, WILSON’s sentence was reduced to 46 months in prison pursuant to the crack resentencing guidelines. WILSON self-report to the designated Federal institution on October 11, 2013.
BOBBY JAMES VANNOY, age 39, of Philippi, West Virginia, was sentenced to 58 days in prison and lifetime supervision for failure to file reports with the probation office, failure to truthfully answer inquiries of the probation officer; and, associating with persons engaged in criminal activity. VANNOY was originally sentenced on March 18, 2009, to 37 months in prison and lifetime supervision for possession of child pornography. VANNOY will self-report to the designated Federal institution on January 6, 2014.
The United States was represented at the Clarksburg revocation hearings by Assistant
U.S. Attorneys Shawn A. Morgan, Andrew R. Cogar, Brandon S. Flower and Zelda E. Wesley.MARTINSBURG DIVISION REVOCATIONS
(Judge Gina M. Groh)
WILLIAM GREENE, age 40, of Martinsburg, was sentenced to 36 months in prison for new arrest for the distribution of crack cocaine. GREENE was originally sentenced on September 20, 2000, to 140 months in prison and 3 years of supervised release for conspiracy to distribute crack cocaine. In April of 2008, GREENE’s sentence was reduced to 116 months pursuant to the crack resentencing guidelines. GREENE was remanded to the custody of the United States Marshal pending designation to a Federal institution.
DWAYNE DANA LEWIS, age 37, of Charles Town, West Virginia, was sentenced to 18 months in prison for the distribution of heroin, possession of suboxone and being untruthful with the probation office. LEWIS was originally sentenced on January 25, 2011, to 33 months in prison and 3 years of supervised release for the distribution of crack cocaine. LEWIS was remanded to the custody of the United States Marshal pending designation to a Federal institution.
JAVIER HOWARD, age 31, of Martinsburg, was sentenced to 13 months in prison for testing positive for the use of heroin and oxycodone. HOWARD was originally sentenced on August 9, 2006, to 84 months in prison and 3 years of supervised release. In June of 2009, HOWARD’s sentence was reduced to 68 pursuant to the crack resentencing guidelines. On November 9, 2012, HOWARD was sentenced to 9 months in prison and 18 months of supervised release for violations of his supervised release. HOWARD was remanded to the custody of the United States Marshal pending designation to a Federal institution.
CHALDIN POINT DU JOUR, age 27, of Shepherdstown, West Virginia, was sentenced to 9 months in prison and 26 months of supervised release for failure to perform work release, failure to pay restitution, being untruthful with the probation office, and failure to timely file monthly reports. DU JOUR was originally sentenced on October 19, 2011, to 10 months in prison and 3 years of supervised release the unauthorized use of access devices. DU JOUR was remanded to the custody of the United States Marshal pending designation to a Federal institution.
ROBERT KENNETH KACKLEY, age 41, of Martinsburg, was sentenced to 8 months in prison and 52 months of supervised release for possession of controlled substances, testing positive for the use of controlled substances, failure to follow probation officer’s instructions and associating with known felons. KACKLEY was originally sentenced on July 6, 2011, to 27 months in prison and 6 years of supervised release for the distribution of crack cocaine. KACKLEY was remanded to the custody of the United States Marshal pending designation to a Federal institution.
CHARLES COLLIN PETTY, age 32, of Martinsburg, was sentenced to 8 months in prison and 40 months of supervised release for associating with known felons, use of suboxone and a DUI conviction. PETTY was originally sentenced on October 22, 2008, to 60 months in prison and 4 years of supervised release for possession with intent to distribute crack cocaine. PETTY was remanded to the custody of the United States Marshal pending designation to a Federal institution.
JARRED BARCLAY, age 29, of Martinsburg, was sentenced to 8 months in prison and 25 months of supervised release for associating with known felons, DUI conviction, failure to submit monthly reports, testing positive for the use of marijuana and failure to be truthful with probation office. BARCLAY was originally sentenced on February 7, 2012, to 6 months in prison and 3 years of supervised release for the distribution of crack cocaine. BARCLAY was remanded to the custody of the United States Marshal pending designation to a Federal institution.
BRIDGET DEMINDS, age 28, of Martinsburg, was sentenced to 4 months in prison and 32 months of supervised release for use of suboxone, shoplifting and failure to be truthful with probation officer. DEMINDS was originally sentenced on July 28, 2010, to 37 months in prison and 3 years of supervised release for the possession with intent to distribute heroin. DEMINDS was remanded to the custody of the United States Marshal pending designation to a Federal institution.
BRANDY NETZ, age 28, of Martinsburg, was sentenced to 4 months in prison and 18 months of supervised release for possession of cocaine, destruction of property, traffic violations and failure to follow probation officer’s instructions. NETZ was originally sentenced on August 5, 2008, to 18 months in prison and 3 years of supervised release for possession with intent to distribute crack cocaine. NETZ was remanded to the custody of the United States Marshal pending designation to a Federal institution.
ANDREW SEMAN, age 58, of Martinsburg, was sentenced to 4 months in prison and 12 months of supervised release for failure to report police contact to probation office, failure to submit monthly reports to probation office, and leaving the district without permission from the probation office. SEMAN was originally sentenced on October 26, 2010, to 18 months in prison and 3 years of supervised release for the distribution of heroin. SEMAN will self-report to the designated Federal institution on December 2, 2013.
The United States was represented at the Martinsburg revocation hearings by Assistant U.S. Attorneys Paul T. Camilletti and Jarod J. Douglas.
WHEELING DIVISION REVOCATIONS
(Judge Frederick P. Stamp, Jr.)
MATTHEW IAN HAUGHT, age 31, of Colliers, West Virginia, was sentenced to 9 months in prison for possession and use of a controlled substance, failure to report to the probation office as instructed, failure to report for scheduled drug treatment and absconding. HAUGHT was originally sentenced on August 14, 2009, to 33 months in prison and 3 years of supervised release for possession of a firearm by a drug addict. On April 15, 2013, HAUGHT’s supervised release was revoked and he was sentenced to 3 months in prison and 33 months of supervised release for use and possession of heroin and alcohol and failure to report for scheduled drug screens. HAUGHT was remanded to the custody of the United States Marshal pending designation to a Federal institution.
STEVEN KLOH, age 36, of Columbus, Ohio, was sentenced to 8 months in prison and 16 months of supervised release for possession of drug paraphernalia. KLOH was originally sentenced on October 22, 2012, to 24 months in prison and 2 years of supervised release for interstate transportation of controlled substances. KLOH was remanded to the custody of the United States Marshal pending designation to a Federal institution.
The United States was represented at the Martinsburg revocation hearings by Assistant U.S. Attorneys Randolph J. Bernard and John C. Parr.
The United States Probation Office carries out probation and pretrial services functions throughout the Northern District of West Virginia. With locations in Wheeling, Clarksburg, Martinsburg, and Elkins, the office works to assist the federal courts in the fair administration of justice, to protect the community, and to bring about long-term positive change in individuals under supervision. Jeff Givens is the Chief Probation Officer for the Northern District.
Valley Grove Man Gets 72 Months for Prescription Pill TraffickingRead the Press Release
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Marshall County Resident Sentenced
for Illegal Possession of a HandgunWHEELING, WEST VIRGINIA – United States Attorney William Ihlenfeld, II, announced that JAMES W. FERGUSON, age 38, of Valley Grove, West Virginia, was sentenced to 72 months in prison and three years of supervised release for “Conspiracy to Distribute Oxycodone” in the Wheeling area from late 2011 to May 18, 2012. FERGUSON served as a redistributor of painkillers for the leader of a drug trafficking organization based in Wheeling. The investigation leading to the charges included extensive surveillance, controlled purchases of narcotics, executions of search warrants, and seizures of narcotics, automobiles, and United States Currency.
FERGUSON, who was sentenced by District Court Judge Frederick P. Stamp, Jr., was remanded to the custody of the United States Marshal pending designation to a Federal institution. The case was prosecuted by Assistant U. S. Attorney Randolph J. Bernard and investigated by the Ohio Valley Drug & Violent Crime Task Force, consisting of officers from the Wheeling Police Department, the Ohio County Sheriff’s Department, West Virginia State Police-BCI, and the Drug Enforcement Administration.
A Marshall County man was sentenced to 18 months in prison for the illegal possession of a firearm after an argument at a business in Glen Dale. JOHN CHARLES MYERS, age 50, of Glen Dale, West Virginia, was sentenced by Chief District Court Judge John Preston Bailey to 18 months in prison and two years of supervised release. MYERS was convicted after a two day jury trial of “Possession of a Firearm while under a Domestic Violence Protection Order.”
The offense occurred on April 7, 2012, when MYERS got into an argument with patrons at the Rainbow Inn in Glen Dale and then vowed to return with a gun. MYERS left the area and retrieved a loaded 9 millimeter Taurus pistol from his home and then returned to the bar.
Police arrived shortly thereafter and found the pistol and a loaded magazine to be in the possession of MYERS along with a small amount of marijuana. Further investigation revealed that MYERS was subject to a 100-year family violence protective order. MYERS, who is free on bond, will self-report to the designated Federal institution on January 23, 2014.
SCOTT P. CORKRAN, JR., age 25, of Triadelphia, West Virginia, was sentenced by Judge Bailey to 46 months in prison and three years of supervised release for “Felon in Possession of a Firearm.” The court also ordered the forfeiture of two firearms and ammunition. CORKRAN was remanded to the custody of the United States Marshal pending designation to a Federal institution.The MYERS and CORKRAN cases were prosecuted by Assistant United States Attorney David J. Perri and investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Glen Dale Police Department.
JAMES A. ACCONCIA, JR., age 48, of Newell, West Virginia, was sentenced by Judge Frederick P. Stamp, Jr. to 28 months in prison and three years of supervised release, and JAMES A. ACCONICA, III, age 26, of Weirton, West Virginia, was sentenced to 15 months in prison and three years of supervised release for the “Distribution of Heroin.” Both were remanded to the custody of the United States Marshal pending designation to a Federal institution. This case was prosecuted by Assistant U.S. Attorney Stephen L. Vogrin and was investigated by the the Hancock/Brooke/Weirton Drug & Violent Crime Task Force, consisting of officers from the Weirton Police Department, the Hancock County Sheriff’s Department, and the Drug Enforcement Administration.
Two Florida Residents Sentenced on Bribery ChargesRead the Press Release
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CLARKSBURG, WV – Two Palm Bay, Florida, residents were sentenced to federal prison by U.S. District Court Judge Irene M. Keeley on corruption charges.
United States Attorney William J. Ihlenfeld, II, announced that JASON NOEL SQUIRES, age 28, was sentenced to 18 months in prison and 2 years of supervised release and NIKOLE MONIQUE WATKINS, age 24, was sentenced to 12 months in prison and 2 years of supervised release. SQUIRES and WATKINS were sent to prison as a result of both being convicted of the felony offense of “Conspiracy to Commit Bribery of a Public Official and Bribery of a Public Official.”
SQUIRES, a correctional officer at FCI Gilmer, admitted that between January 1, 2012, and August 14, 2012, he smuggled tobacco into the prison on multiple occasions. SQUIRES then provided the tobacco to inmates and in exchange, the inmates arranged to have contacts outside of the prison send money to WATKINS, who was the girlfriend of SQUIRES, via Western Union and Postal money grams. WATKINS was aware that SQUIRES was smuggling contraband to inmates. SQUIRES and WATKINS received approximately $40,000 for the tobacco that SQUIRES smuggled into the prison, for which the Court ordered restitution to be made.
This case was prosecuted by Assistant United States Attorney Brandon S. Flower and investigated by the United States Department of Justice Office of Inspector General, with assistance from the Special Investigative Services Unit at FCI Gilmer.
If members of the public have information regarding corruption in their community they are encouraged to call the West Virginia Public Corruption Hotline at 855-WVA-FEDS (855-982-3337), or to send an email to [email protected]. All tips received by the hotline will be reviewed by a state or federal agency and then a determination will be made if a full investigation is warranted. Callers may choose to remain anonymous.
Task Force Investigation Leads to Indictment of Four Individuals on Heroin ChargesRead the Press Release
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CLARKSBURG, WEST VIRGINIA - United States Attorney William J. Ihlenfeld, II, announced that an investigation by the Greater Harrison County Drug & Violent Crimes Task Force has led to a federal indictment of four individuals for heroin trafficking.
TRAYVON TERELL SNOE, age 22, of Pittsburgh, Pennsylvania; MEGAN LEE GRAEBER, age 28, of Bridgeport, West Virginia; CRYSTAL DAWN ROTH, age 31, of Meadowbrook, West Virginia; and, SAMANTA COTTRILL, age 22, of Hepzibah, West Virginia, were named in a five-count Indictment charging each with “Conspiracy to Possess with Intent to Distribute and to Distribute Heroin” from August of 2013 to October 29, 2013, in the Harrison County area.
SNOE and GRAEBER each face a total of four counts; ROTH faces a total of three counts; and, COTTRILL faces two counts.
In addition to the conspiracy charge, other charges include “Distribution of Heroin,” “Distribution of Heroin within 1,000 Feet of Pierpont Community and Technical College” and “Possession with Intent to Distribute Heroin.”
The U.S. Attorney’s Office is seeking to forfeit $2,104 that was seized on October 29, 2013. Said currency is alleged to be proceeds obtained from the illegal activity.
The defendants each face up to twenty years in prison on the conspiracy, distribution and possession with intent to distribute charges and up to forty years in prison on the protected location charge.
The case was investigated by the Greater Harrison County Drug and Violent Crime Task Force consists of officers from the Bridgeport Police Department; Clarksburg Police Department; Drug Enforcement Administration; West Virginia State Police-Bureau of Criminal Investigations, Bureau of Alcohol, Tobacco, Firearms and Explosives, the United States Postal Inspection Service; and, the United States Marshals Service. The case will be prosecuted by Criminal Chief Shawn A. Morgan.All of the charges contained in the above-referenced indictment are merely accusations and not evidence of guilt, and the defendant is presumed innocent until and unless proven guilty. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offense and the criminal history, if any, of the defendant.
North Carolina Resident Sentenced on Pill Conspiracy ChargeRead the Press Release
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Eleven Others Appear for Pleas and Sentencing
CLARKSBURG, WEST VIRGINIA – United States Attorney William J. Ihlenfeld, II, announced that a North Carolina resident was sentenced to prison as a result of his conviction on an oxycodone conspiracy charge.
REGINALD SCOTT, age 45, was sentenced by District Court Judge Irene M. Keeley to 57 months in prison and three years of supervised release for “Conspiracy to Distribute Oxycodone.” SCOTT admitted to selling oxycodone in Morgantown, WV, between September of 2011 to April 21, 2012. The Court also ordered the forfeiture of $10,000 which constituted proceeds from the illegal activity. SCOTT was remanded to the custody of the United States Marshal pending designation to a Federal institution. This case was prosecuted by Assistant U.S. Attorney Zelda E. Wesley and investigated by the West Virginia State Police-Bureau of Criminal Investigations.
Judge Keeley also sentenced the following defendants:
SHANE LEWIS GILLESPIE, age 24, of Clarksburg, was sentenced to 40 months in prison and two years of supervised release for “Possession of a Firearm by an Unlawful User of and Addict to a Controlled Substance.” GILLESPIE was remanded to the custody of the United States Marshal pending designation to a Federal institution. This case was prosecuted by Criminal Chief Shawn A. Morgan and investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Clarksburg Police Department and the Belpre, Ohio, Police Department.
TIMOTHY LINGO, age 30, of Westover, West Virginia, was sentenced to 34 months in prison and two years of supervised release for “Felon in Possession of a Firearm.” LINGO was remanded to the custody of the United States Marshal pending designation to a Federal institution. This case was and investigated by Bureau of Alcohol, Tobacco, Firearms and Explosives.
CHRISTOPER WEAVER, age 37, of Morgantown, West Virginia, was sentenced to 27 months in prison and three years of supervised release for the “Distribution of Cocaine.” WEAVER was remanded to the custody of the United States Marshal pending designation to a Federal institution. This case was investigated by West Virginia State Police-Bureau of Criminal Investigations.JENNA HANSLER, age 27, of Fairmont, West Virginia, was sentenced to 18 months in prison and three years of supervised release for the “Distribution of Cocaine within 1,000 Feet of the Carlone Street Apartments.” HANSLER, who is free on bond, will self-report to the designated Federal institution on January 29, 2014. This case was investigated by Bureau of Alcohol, Tobacco, Firearms and Explosives and the Fairmont Police Department.
The LINGO, WEAVER and HANSLER cases were prosecuted by Wesley.
The following defendants entered pleas before Magistrate Judge John S. Kaull:
LEROY ROUSSEAU a/k/a “BLACK,” age 25, of Clarksburg and formerly of Washington, D.C. entered pleas of guilty to “Employment and Use of a Person Under 18 Years of Age in Drug Operations” and “Felon in Possession of a Firearm.” As part of his plea, ROUSSSEAU forfeited a Haskell .45 caliber pistol as property used or intended to be used to commit the charged offenses. ROUSSEAU, who is in custody pending sentencing, faces up to 40 years in prison. ROUSSEAU’s co-defendants, FRANCESCA STRAKAL a/k/a “ROCKY,” age 20, and TALYA KEENER, age 22, of Clarksburg, entered pleas of guilty to “Maintaining a Drug-Involved Premise.” STRAKAL and KEENER, who are free on bond pending sentencing, each face up to 20 years in prison.
JUSTIN ZACHARY ROSA a/k/a “PEE WEE,” age 19 and NICHOLE NIKKI PIERCE, age 21, of Clarksburg, entered pleas of guilty to “Distribution of Heroin.” ROSA also entered a plea of guilty to “Possession of a Firearm by an Unlawful User and Addict to Heroin.” PIERCE, also entered a plea of guilty to “Felon in Possession of a Firearm.” As part of the plea, ROSA will forfeit $4,822.46 in United States currency which constitutes proceeds obtained from the illegal activity, a cellular phone, a Smith and Wesson revolver and $4,720 in counterfeit U.S. currency. ROSA and PIERCE, who are in custody pending sentencing, each face up to 20 years in prison on the distribution charge and up to 10 years on the firearms charge.
MICHAEL JOHN GRIFFIN, age 34, of Clarksburg, entered a plea of guilty to “Distribution of Heroin.” GRIFFIN, who is free on bond pending sentencing, faces up to 20 years in prison.
NICOLE BENNETT, age 33, of Clarksburg, entered a plea of guilty to “Intentional Harassment to Dissuade Another Person from Assisting in Criminal Prosecution.” BENNETT, who is in custody pending sentencing, faces up to 40 years in prison.The ROUSSEAU, ROSA, GRIFFIN and BENNETT cases were investigated by the Greater Harrison County Drug and Violent Crime Task Force consisting of officers from the Bridgeport Police Department; Clarksburg Police Department; Drug Enforcement Administration; West Virginia State Police-Bureau of Criminal Investigations, Bureau of Alcohol, Tobacco, Firearms and Explosives, the United States Postal Inspection Service; and, the United States Marshals Service. The cases were prosecuted by Morgan, and the United States Secret Service also assisted with the ROSA investigation.
BEN PHARES, age 26, of Kingwood, West Virginia, entered a plea of guilty to “Distribution of Heroin within 1,000 Feet of a Protected Location.” PHARES, who is free on bond pending sentencing, faces up to 40 years in prison. This case was prosecuted by Wesley and was investigated by the West Virginia State Police-Bureau of Criminal Investigations.
FRANCISCO GONZALEZ-AYALA, age 44, entered a plea of guilty to entering the United States, after having been previously deported, without obtaining the express consent of the Secretary of Homeland Security or the Attorney General of the United States to reapply for admission to the United States.
GONZALEZ-AYALA faces up to 20 years in prison due to prior aggravated felony offense. The case was prosecuted by Assistant U.S. Attorney David J. Perri and was investigated by US Immigration and Customs Enforcement, Homeland Security Investigations (ICE/HIS).
Maryland Resident Sentenced to 10 Years for Possession with Intent to Distribute Crack CocaineRead the Press Release
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Eighteen Others Appear for Pleas and Sentencing
MARTINSBURG, WEST VIRGINIA – United States Attorney William J. Ihlenfeld, II, announced that a Frederick, Maryland, resident was sentenced 10 ten years in prison for trafficking in crack cocaine.
MARTIN CAIN FELDER, age 34, was sentenced by District Court Judge Gina M. Groh to 120 months in prison and four years of supervised release for “Possession with Intent to Distribute More than 28 grams of Crack Cocaine.” FELDER, was remanded to the custody of the United States Marshal pending designation to a Federal institution. his case was prosecuted by Assistant U.S. Attorney Paul T. Camilletti and investigated by the Eastern Panhandle Drug & Violent Crime Task Force, consisting of officers from the West Virginia State Police - Bureau of Criminal Investigation, the Martinsburg Police Department, the Berkeley County Sheriff’s Department, and the Jefferson County Sheriff’s Department, as well as uniformed officers of the West Virginia State Police.
JOHN ANDREW REDMAN, age 33, of Martinsburg, was sentenced to 37 months in prison and three years of supervised release for the “Distribution of Crack Cocaine.” REDMAN, who is free on bond, will self-report to prison on December 2, 2013.
Judge Groh also sentenced the following defendants:
CHARLOTTE JENKINS, age 39, of Falling Waters, West Virginia, was sentenced to 30 months in prison and three years of supervised release for the “Distribution of Heroin.” JENKINS was remanded to the custody of the United States Marshal pending designation to a Federal institution.
AKEYLAH HUMPHREY, age 24, of Martinsburg, was sentenced to 12 months in prison and three years of supervised release for “Possession with Intent to Distribute Crack Cocaine.” HUMPHREY, who is free on bond, will self-report to prison on January 6, 2014.
The REDMAN and HUMPHREY cases were prosecuted by Assistant U.S. Attorney Jarod J. Douglas. The JENKINS case was prosecuted by Camilletti. These cases were investigated by the Eastern Panhandle Drug & Violent Crime Task Force, consisting of officers from the West Virginia State Police - Bureau of Criminal Investigation, the Martinsburg Police Department, and the Berkeley County Sheriff’s Department.
The following entered pleas before Magistrate Judge James E. Seibert:
ANTHONY ALLEN PENNINGTON, age 24, of Wardsford, Pennsylvania, entered a plea of guilty to “Traveling in Interstate Commerce with the Intent to Engage in Illicit Sexual Conduct.” If convicted, PENNINGTON faces up to 30 years in prison. This case was investigated by the Morgan County Sheriff’s Department.
TIMOTHY WILLIAMS, age 24, of Martinsburg, entered a plea of guilty to “Conspiracy to Distribute More than 28 Grams of Crack Cocaine.” WILLIAMS, who is in custody pending sentencing, faces up to 40 years in prison. Co-defendant DERRICK WELLS, JR., age 24, of Martinsburg, entered a plea of guilty to “Possession with Intent to Distribute Crack Cocaine.” WELLS, who is in custody pending sentencing, faces up to 20 years in prison and co-defendant ASHLEY SEAL, age 25, of Bunker Hill, West Virginia, entered pleas of guilty to “Distribution of Crack Cocaine.” SEAL, who is free on bond pending sentencing, faces up to 20 years in prison.
PENNINGTON and WILLIAMS were prosecuted by Douglas.
ADAM BRADY, age 20, of Martinsburg, entered a plea of guilty to “Distribution of Crack Cocaine within 1,000 Feet of the Burke Street Elementary School.” BRADY, who is in custody pending sentencing, faces up to 40 years in prison. Co-defendant MONICA GREEN, age 35, of Martinsburg, entered a plea of guilty to “Distribution of Crack Cocaine.” GREEN, who is free on bond pending sentencing, faces up to 20 years in prison. This case was prosecuted by Assistant U.S. Attorney Stephen L. Vogrin.
JOSEA LORENZO HICKS, age 35, of Washington, D.C., entered a plea of guilty to “Distribution of Crack Cocaine.” HICKS, who is free on bond pending sentencing, faces up to 20 years in prison. This case was prosecuted by Assistant U.S. Attorney Brandon S. Flower.
These cases were investigated the Eastern Panhandle Drug & Violent Crime Task Force, consisting of officers from the West Virginia State Police - Bureau of Criminal Investigation, the Martinsburg Police Department, the Berkeley County Sheriff’s Department, and the Jefferson County Sheriff’s Department.
THEOFANIS MAVROUDIS, age 45, of Charles Town, West Virginia, entered a plea of guilty to “Failure to Register as Sex Offender.” MAVROUDIS, who is in custody pending sentencing, faces up to ten years in prison. This case was prosecuted by Douglas and investigated by the United States Marshals Service.CHARLES WILLIAM JONES, III, a/k/a “TREY,” age 27, of Pasadena, Maryland, entered a plea of guilty to “Possession of Firearms by a Drug User.” JONES, who is free on bond pending sentencing, faces up to 10 years in prison.
CODY ASHBY, age 21, of Martinsburg, entered a plea of guilty to “Felon in Possession of a Firearm.” ASHBY, who is in custody pending sentencing, faces up to 10 years in prison.
MATTHEW TODD CRIM, entered a plea of guilty to “Possession of a Firearm with an Obliterated Serial Number.” CRIM, who is in custody pending sentencing, faces up to 10 years in prison.
The JONES, ASHBY and CRIM cases were prosecuted by Camilletti and investigated by the Bureau of Alcohol, Tobacco, Firearms and Exploses, the Berkeley County Sheriff’s Office and the West Virginia State Police.
BRANDON L. WHITE, age 29, of Martinsburg, entered a plea of guilty to “Stealing Public Money.” WHITE, who is free on bond pending sentencing, faces up to 10 years in prison. The case was prosecuted by Assistant U.S. Attorney Robert H. McWilliams, Jr. and investigated by the Veterans Administration, Office of Inspector General, Criminal Investigations Division.
BRANDON BARTLEY, age 30, and TARA BARTLEY, age 28, of Martinsburg, entered pleas of guilty to “Prescription Fraud.” The defendants, who are free on bond pending sentencing, each face up to 4 years in prison. This case was investigated by the Drug Enforcement Administration.
RENE GONZALEZ-BERMUDEZ, age 27, entered a plea of guilty to entering the United States, after having been previously deported, without obtaining the express consent of the Secretary of Homeland Security or the Attorney General of the United States to reapply for admission to the United States. GONZALEZ-BERMUDEZ faces up to 2 years in and deportation. This case was investigated by US Immigration and Customs Enforcement, Homeland Security Investigations (ICE/HIS).
The BARTLEY and GONZALEZ-BERMUDEZ cases were prosecuted by Camilletti.
Martinsburg Woman Charged with Bankruptcy ViolationsRead the Press Release
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MARTINSBURG, WV – A Martinsburg, West Virginia woman has been indicted by a federal grand jury for allegedly making misrepresentations in bankruptcy proceedings, and for causing others to provide false testimony, according to United States Attorney William J. Ihlenfeld, II.
SANDRA KUHNS, age 60, of Martinsburg, was named in a five-count Indictment charging her with one count of “Willfully Causing False Testimony in Bankruptcy” and four counts of “False Bankruptcy Declaration.” KUHNS faces up to 5 years in prison on each charge. This case will be prosecuted by Assistant U.S. Attorney Andrew R. Cogar and was investigated by the Federal Bureau of Investigation.
In addition, the following indictments were also returned:
MARVIN JUNIOR THOMPSON, age 58, of Burlington, West Virginia, was named in a one-count Indictment charging him with “Felon in Possession of a Firearm.” The U.S. Attorney’s Office is seeking to forfeit the Howa Model Vanguard, .300 caliber Bolt Action rifle possessed by THOMPSON, who faces up to 10 years in prison if convicted. This case will be prosecuted by Assistant U.S. Attorney Paul T. Camilletti and was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives.
DENNIS LYNN SMITH, age 55, of Upper Tract, West Virginia, was named in a four-count Indictment charging him with “Attempted Manufacture of Methamphetamine,” “Possession of Material Used to Manufacture Methamphetamine,” “Possession of Pseudoephedrine to be Used in the Manufacture of Methamphetamine,” and, “Maintaining Drug-Involved Premise.” SMITH faces up to 20 years in prison. This case will be prosecuted by Assistant U.S. Attorney Andrew R. Cogar and was investigated by the West Virginia State Police.
JOSE GARCIA DELGADO, age 22, of York, Pennsylvania, was named in a one-count count Indictment charging him with entering the United States, after having been previously deported, without obtaining the express consent of the Secretary of Homeland Security or the Attorney General of the United States to reapply for admission to the United States. DELGADO faces up to 2 years in prison and deportation. The case will be prosecuted by Assistant U.S. Attorney Paul T. Camilletti and was investigated by Immigration and Customs Enforcement.All of the charges contained in the above-referenced indictments are merely accusations and not evidence of guilt, and each defendant is presumed innocent until and unless proven guilty. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offense and the criminal history, if any, of the defendant.
Ohio Men Indicted for Drug Trafficking in Harrison CountyRead the Press Release
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MARTINSBURG, WV – Two Chillicothe, Ohio, men were indicted by a federal grand jury today for conspiring to sell drugs in Harrison County earlier this month, and for using firearms in furtherance of the alleged drug distribution.
According to United States Attorney William J. Ihlenfeld, II, Dillon James BARILLARO, age 20, and Nicholas Stephen GARDNER, age 21, were charged with conspiring to distribute cocaine and heroin on November 4, 2013. Both men are alleged to have sold the drugs on that date to an informant near the Bridgeport Hampton Inn. Following the controlled purchase, a search of the room where the men were staying was conducted by officers from the Greater Harrison County Drug Task Force. Additional quantities of cocaine and heroin were found during the search, along with two firearms, ammunition, and $1,768 in United States Currency.
Both BARILLARO and GARDNER face charges of conspiracy to distribute drugs, the distribution of drugs, the possession of drugs with the intent to distribute, and maintaining a drug involved premise. BARILLARO faces one count of brandishing a firearm in connection with drug trafficking, and GARDNER is charged with possession of a firearm in connection with drug trafficking.
Both men face up to 20 years in prison on the drug charges. BARILLARO faces a minimum of 7 years in prison on the brandishing charge, consecutive to any other sentence he may receive. GARDNER faces a minimum of 5 years in prison on the gun possession charge, consecutive to any other sentence he may receive.
The case will be prosecuted by Assistant United States Attorney Shawn A. Morgan and was investigated by the Greater Harrison County Drug & Violent Crimes Task Force, consisting of officers and agents from the Clarksburg Police Department, the Bridgeport Police Department, the West Virginia State Police, and the Drug Enforcement Administration. Investigative support for the task force is provided by the Bureau of Alcohol, Tobacco, Firearms & Explosives, the U.S. Marshals Service, and the U.S. Postal Inspection Service.
Both men are presumed innocent until and unless they are proven guilty.
Pittsburgh Resident Sentenced for Heroin DistributionRead the Press Release
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Five Others Appear for Pleas and Sentencing
CLARKSBURG, WEST VIRGINIA – United States Attorney William J. Ihlenfeld, II,
announced that a Pittsburgh, Pennsylvania, resident was sentenced to prison as a result of his conviction on a heroin distribution charge.ANDRE ABRAM, age 32, of Pittsburgh, was sentenced by Judge Irene M. Keeley, to 30 months in prison and six years of supervised release for “Possession with Intent to Distribute Heroin within 1,000 Feet of Koupal Towers.” The Court also ordered the forfeiture of $3,376 in United States currency which constitutes proceeds obtained from the illegal activity. ABRAM was remanded to the custody of the United States Marshal pending designation to a Federal institution. This case was prosecuted by Criminal Chief Shawn A. Morgan and investigated by the Greater Harrison County Drug & Violent Crimes Task Force, consisting of officers and agents from the Clarksburg Police Department, the Bridgeport Police Department, the West Virginia State Police, and the Drug Enforcement Administration. Investigative support for the task force is provided by the Bureau of Alcohol, Tobacco, Firearms & Explosives, the U.S. Marshals Service, and the U.S. Postal Inspection Service.
ANTHONY LUCAS, age 24, an inmate at USP Hazelton was sentenced by Judge Keeley to an additional year in prison to run consecutive to his current 36-month sentence for “Possession of a Homemade Weapon” when staff at the institution searched LUCAS and found a homemade weapon or shank in his sock. The weapon was 8 1/2 inch long piece of metal sharpened to a point.
ALBERT MEIER, age 24, an inmate at USP Hazelton, was sentenced by Magistrate Judge John S. Kaull to three months in prison to run consecutive with his current 60-month sentence for “Possession of a Prohibited Object” on February 16, 2013, when staff observed MEIER talking on a cellphone and confiscated same.
These cases were investigated by the Special Investigative Services Staff at USP Hazelton.
ERIC ROBINSON, age 39, an inmate at FCI Gilmer entered a plea of guilty before Judge Keeley to “Possession of Marijuana” and was sentenced to four months in prison, to run consecutive with his current 48-month sentence. This case was investigated by the Special Investigative Services Staff at FCI Gilmer.
These cases were prosecuted by Assistant U.S. Attorney Brandon S. Flower.
LINDA BLAND, age 46, of Fairmont, West Virginia, and JANET POSEY, age 63, of Clarksburg, entered pleas of guilty, before Magistrate Judge Kaull, to “Receipt and Concealment of Embezzled Funds on Federal Property.” BLAND and POSEY, who are free on bond pending sentencing face up to 1 year in prison. These cases were prosecuted by Assistant U.S. Attorney Andrew R. Cogar and were investigated by the Department of Labor-Management Standards.
Mon Valley Drug Task Force Investigation Leads to Federal IndictmentRead the Press Release
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CLARKSBURG, WEST VIRGINIA — United States Attorney William J. Ihlenfeld, II, announced that an investigation by the Mon Valley Drug Task Force has led to an indictment being returned by a federal grand jury in Clarksburg.
ANTWAN GREGORY, age 32, of Tallahassee, Florida; KENNETH GREGORY, age 26, of Columbus, Ohio; and, JENNIFER FERRARO WOODSON, age 31, of Morgantown, West Virginia, were named in a seven-count Indictment charging them with “Conspiracy to Possess with Intent to Distribute and to Distribute Cocaine and Crack Cocaine.”
ANTWAN and KENNETH GREGORY each face a total of six counts and WOODSON faces a total of seven counts.
In addition to the conspiracy charge, other charges include “Distribution of Cocaine and Crack Cocaine,” “Distribution of Cocaine and Crack Cocaine within 1,000 Feet of West Virginia University,” and, “Use and Carry of a Firearm in Relation to a Drug-Trafficking Offense.”
The defendants each face up to twenty years in prison on the conspiracy and distribution charges; up to forty years in prison on the protected location charges; and, a mandatory term of five years in prison on the firearms charge.
This case will be prosecuted by Assistant United States Attorney Zelda E. Wesley and was investigated by the Mon Valley Drug & Violent Crime Task Force, consisting of officers from the Morgantown Police Department, the Monongalia County Sheriff’s Department, and the Drug Enforcement Administration.
All of the charges contained in the above-referenced indictments are merely accusations and not evidence of guilt, and each defendant is presumed innocent until and unless proven guilty. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offense and the criminal history, if any, of the defendant.
Eight Individuals Sentenced in Federal CourtRead the Press Release
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MARTINSBURG, WEST VIRGINIA – Eight individuals were sentenced by Judge Gina M. Groh according to United States Attorney William J. Ihlenfeld, II.
DONALD TILLOTSON, age 36, of Burlington, West Virginia, was sentenced to 96 months in prison and three years of supervised release for “Possession of Pseudoephedrine to be Used in the Manufacture of Methamphetamine.” TILLOTSON’s sentence reflects an enhancement for using a shake and bake method to manufacture methamphetamine, which caused a substantial risk to four minor children. The Court also ordered TILLOTSON to make restitution in the amount of $1,050.31 to the West Virginia Department of Environmental Protection for the cleanup. TILLOTSON was remanded to the custody of the United States Marshal pending designation to a Federal institution. This case was prosecuted by Assistant U.S. Attorney Stephen D. Warner and investigated by the Potomac Highlands Drug & Violent Crime Task Force, consisting of officers from the Federal Bureau of Investigation, and the West Virginia State Police - Bureau of Criminal Investigations.
DERRICK STANFORD SPENCER, age 35, of Martinsburg, was sentenced to 84 months in prison and three years of supervised release for “Possession with Intent to Distribute Crack Cocaine.” SPENCER was remanded to the custody of the United States Marshal pending designation to a Federal institution. This case was prosecuted by Assistant U.S. Attorney Paul T. Camilletti and investigated by the Eastern Panhandle Drug & Violent Crime Task Force, consisting of officers from the West Virginia State Police - Bureau of Criminal Investigation, the Martinsburg Police Department, the Berkeley County Sheriff’s Department, and the Jefferson County Sheriff’s Department.
MICHAEL SHAVAR PAYTON, age 28, and DEHAVEN DARNELL CRAIG, age 28, both of Martinsburg, were each sentenced to 60 months in prison and four years of supervised release for “Distribution of Crack Cocaine.” PAYTON and CRAIG were remanded to the custody of the United States Marshal pending designation to a Federal institution. This case was prosecuted by Assistant U.S. Attorney Jarod J. Douglas and investigated by the Eastern Panhandle Drug & Violent Crime Task Force.
DORIAN WILSON, age 25, of Martinsburg, was sentenced to 57 months in prison and three years of supervised release for “Possession with Intent to Distribute Crack Cocaine.” WILSON was remanded to the custody of the United States Marshal pending designation to a Federal institution. This case was prosecuted by Assistant U.S. Attorney Brandon S. Flower and investigated by the Eastern Panhandle Drug & Violent Crime Task Force.
FRANK BRINKMEYER, age 43, of Falling Waters, West Virginia, was sentenced to 41 months in prison and three years of supervised release for “Distribution of Heroin.” BRINKMEYER was remanded to the custody of the United States Marshal pending designation to a Federal institution.
MICHAEL SMITH, age 39, of Falling Waters, was sentenced to 37 months in prison and three years of supervised release for “Distribution of Heroin.” SMITH was remanded to the custody of the United States Marshal pending designation to a Federal institution.
PATRICIA BRINKMEYER, age 43, of Falling Waters, was sentenced to three years of probation for “Distribution of Heroin.”
This case was prosecuted by Assistant U.S. Attorney Robert H. McWilliams, Jr. and investigated by the Eastern Panhandle Drug & Violent Crimes Task Force.
Six Indicted on Federal Gun ChargesRead the Press Release
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IN CONNECTION WITH STONEWOOD POLICE BREAK-IN
Greater Harrison DTF Leads Investigation
CLARKSBURG, WEST VIRGINIA — Six Clarksburg residents were indicted by a federal grand jury this week in connection with the recent theft of firearms from a local police department.
United States Attorney William Ihlenfeld, II, announced that a 32-count indictment was returned this week related to a burglary that occurred at the Stonewood Police Department in August of 2013.
JONATHAN CARPENTER, age 25; MICHELLE MCKINNEY, age 29; DOMINIC SUTHERLIN, age 27; JOHN LYNCH, age 43, DENAUL DICKERSON, age 26; and KRISTOPHER COX, age 33, all of Clarksburg, were named in a thirty-two count Indictment. CARPENTER, MCKINNEY, SUTHERLIN and LYNCH were named in one count of “Conspiracy to Violate Federal Firearms Laws” from August 24 to August 26, 2013. As part of the conspiracy, the defendants are charged with the possession, concealment, storing, selling and disposing of firearms that were stolen from the police department.
DICKERSON is named in one count of “Possession of a Firearm by an Unlawful Drug User/Addict and COX is named in one count of “Felon in Possession of a Firearm.”
CARPENTER faces a total of twenty-four counts; MCKINNEY faces a total of eight counts; and SUTHERLIN and LYNCH each face a total of five counts.
In addition to the conspiracy charge, other charges include “Possession, Concealment and Storage of Stolen Firearms,” “Possession of a Firearm by an Unlawful Drug User/Addict,” “Felon in Possession of Firearms,” “Possession of an Unregistered Firearm,” “Making a Materially False Statement in the Acquisition of a Firearm,” and “Sale and Disposal of a Stolen Firearm.” The defendants each face up to five years in prison on the conspiracy charge and up to twenty years in prison on each of the other charges.
In another case investigated by the drug task force, five area residents were named in a 17-count drug indictment. MATTHEW VANHORN, 27, of Stonewood; CHARLES COUNTS, age 42, of Reynoldsville; MEGAN COUNTS, age 24, of Stonewood; MARY WILCOX, age 43, of Stonewood; and, ONDREA KATHERINE COUNTS, age 41, of Reynoldsville, were each charged with various federal drug felonies.
VANHORN, CHARLES COUNTS, MEGAN COUNTS and ONDREA COUNTS are charged with one count of “Conspiracy to Possess with Intent to Distribute MDMA, BZP and Crack Cocaine” from October of 2010 to January of 2012 in Clarksburg. VANHORN faces a total of thirteen counts, CHARLES COUNTS faces eight counts; MEGAN COUNTS faces five counts; WILCOX faces one count; and ONDREA COUNTS faces two counts.
In addition to the conspiracy charge, other charges include “Conspiracy to Possess with Intent to Distribute More than 100 Grams of Heroin”, “Maintaining Drug-Involved Premises”, “Distribution of and Possession with Intent to Distribute MDMA, BZP, Crack Cocaine and Heroin within 1,000 Feet of Oakmound Apartments” and “Possession with Intent Distribute Heroin.”
The U.S. Attorney’s Office is seeking to forfeit $5,121 in United States currency and is seeking a $50,000 money judgment in the case.
The defendants face up to twenty years in prison on the conspiracy charge, up to forty years in prison on the sales and possessions that occurred near a protected location as well as the conspiracy charging more than 100 grams of heroin; and up to 20 years on the premises charges.
These cases will be prosecuted by Criminal Chief Shawn A. Morgan. The Greater Harrison County Drug and Violent Crime Task Force consists of officers & agents from the Bridgeport Police Department; the Clarksburg Police Department; the Drug Enforcement Administration; the West Virginia State Police-Bureau of Criminal Investigations; the Bureau of Alcohol, Tobacco, Firearms and Explosives; the United States Postal Inspection Service; and the United States Marshals Service.
The charges contained in the indictments are merely accusations and not evidence of guilt, and each defendant is presumed innocent until and unless proven guilty.
First Installment of PagliaRead the Press Release
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PROCEEDS PAID TO DRUG TASK FORCE
Investigation pays big dividends for local departments
CLARKSBURG, WV - Federal authorities presented the Greater Harrison County Drug & Violent Crimes Task Force with a check for over $700,000 today as a down payment on its share of the assets recovered in a large synthetic drug investigation.
Leaders from the DEA, ATF, IRS, U.S. Marshals Service and U.S. Attorney's Office presented a check in the amount of $706,472.13 to the Clarksburg Police Department, the Bridgeport Police Department, and the West Virginia State Police. The money disbursed was the first installment of equitable sharing that will occur as a result of the "Hot Stuff, Cool Things" investigation that began in 2011 and led to arrests, indictments, and convictions in 2012.
According to Task Force board members, the funds received this week will be used by the unit to further its efforts to combat drug trafficking in the area. Additional funds will be disbursed in 2014 once the remaining assets are liquidated. The amount of the next disbursement to the Task Force will depend upon a number of factors, including the amounts received for real estate that has been seized but not yet sold.
According to United States Attorney William Ihlenfeld, II, many of the assets in the case were formerly the property of Jeffrey J. Paglia, the proprietor of stores in Clarksburg & Buckhannon that sold bath salts - a synthetic controlled substance - in violation of federal law. Paglia was indicted in April of 2012 and then convicted in November of 2012 for his role in the distribution of Schedule I Controlled Substances, and Schedule I Analogue Controlled Substances. He was also convicted for the structuring monetary transactions in order to evade reporting requirements. Paglia was sentenced to more than seven years in prison for his crimes.
Co-defendants Jeremia J. Phillips and Derek L. Calip were also convicted in 2012 for their involvement in the distribution of bath salts. They were each sentenced to 21 months in federal prison. John N. Skruck, the fourth defendant named in the indictment, has been on the run since May of 2013 and is still wanted by authorities.
Assets seized in April and May of 2012 included eleven parcels of West Virginia real estate in Clarksburg, Buckhannon, and Lost Creek, and one parcel of real estate in Gardner, Massachusetts. Vehicles seized included a 2011 Ford F-150, a 2011 Honda Crosstour, a 2007 Yamaha Motorcycle, and a 2005 Indian SPCN Motorcycle. Agents also seized a 2008 Bobcat front end loader, a 1998 GMC dump truck, and a Kubota U35 excavator. Multiple bank accounts were also seized.
The Greater Harrison County Drug & Violent Crimes Task Force is comprised of officers and agents from the Clarksburg Police Department, the Bridgeport Police Department, the West Virginia State Police, and the Drug Enforcement Administration. Investigative support for the task force is provided by the Bureau of Alcohol, Tobacco, Firearms & Explosives, the U.S. Marshals Service, and the U.S. Postal Inspection Service.
Seven Individuals Sentenced and Eleven Individuals Convicted in Federal CourtRead the Press Release
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CLARKSBURG, WEST VIRGINIA – Seven individuals were sentenced and eleven individuals entered guilty pleas, according to United States Attorney William J. Ihlenfeld, II.
Judge Keeley sentenced the following:
ERIC SCOTT BARKER, age 33, of Mt. Clare, West Virginia, to 169 months imprisonment to be followed by three years of supervised release; ROBERT ALLEN HILL, age 24, of Lost Creek, West Virginia, to 45 months imprisonment to be followed by three years of supervised release; and, MEGAN DUNIGAN, age 25, of Fairmont, West Virginia, to 30 months imprisonment to be followed by three years of supervised release, for “Possession with Intent to Distribute Heroin” and violations of their supervised release. The Court also ordered the forfeiture of $1,506 which was seized. BARKER, HILL and DUNIGAN were remanded to the custody of the United States Marshal pending designation to a Federal institution. This case was prosecuted by Criminal Chief Shawn A. Morgan and investigated by the Greater Harrison County Drug and Violent Crime Task Force, consisting of officers from the Bridgeport Police Department; Clarksburg Police Department; Drug Enforcement Administration; West Virginia State Police-Bureau of Criminal Investigations, Bureau of Alcohol, Tobacco, Firearms and Explosives, the United States Postal Inspection Service; and, the United States Marshals Service.
FRANKLIN MCVAY, age 27, of Morgantown, West Virginia, to 37 months imprisonment to be followed by three years of supervised release for a charge of “Felon in Possession of a Firearm.” MCVAY was remanded to the custody of the United States Marshal pending designation to a Federal institution. This case was prosecuted by Assistant U.S. Attorney Zelda E. Wesley and investigated by the Bureau of Alcohol, Tobacco and Firearms; the West Virginia State Police; and, the Monongalia County Sheriff’s Department.BRIAN FARLEY, age 31, of Clarksburg, was sentenced to 21 months imprisonment to be followed by three years of supervised release for a charge of “Obtaining Drugs by Fraud,” and one charge of “Making a Material False Statement.” FARLEY was remanded to the custody of the United States Marshal pending designation to a Federal institution. This case was prosecuted by Assistant U.S. Attorney Robert H. McWilliams, Jr. and investigated by the Veterans Administration Office of Inspector General.
LEONARD ROUNDS, age 36, an inmate at FCI Gilmer entered a plea of guilty to “Attempted Possession of a Prohibited Object” when staff members discovered suboxone strips hidden inside a card mailed to inmate ROUNDS, and was sentenced to 12 months imprisonment to run concurrently with his current 130-month sentence. This case was prosecuted by Assistant U.S. Attorney Brandon S. Flower and investigated by the Special Investigative Services Staff at FCI Gilmer.
ERIC SMITH, age 30, of Fairmont, West Virginia, was sentenced to three years probation, with the first six months to be served under home detention, for the “Distribution of Marijuana within 1,000 Feet of a Protected Location.” This case was investigated by the Bureau of Alcohol, Tobacco and Firearms and the Fairmont Police Department.
SEAN MILLER PHILLIPS, JR., age 31, of Eastpoint, Michigan, and JAMILA MCLAUGHRY, age 25, of Morgantown, entered pleas of guilty before Judge Keeley to “Distribution of Heroin within 1,000 Feet of the North Elementary School” in Monongalia County. PHILLIPS, who is in custody, and MCLAUGHRY, who is free on bond, pending sentencing, face up to forty years in prison. In the same case, WILLIAM ANDERSON, age 20 and EDDIE PICKETT, age 20, of Detroit, Michigan, entered pleas of guilty to “Possession with Intent to Distribute Heroin.” ANDERSON and PICKETT, who are free on bond pending sentencing, face up to twenty years in prison. This case was investigated by the Mon Valley Drug & Violent Crime Task Force, consisting of officers from the Morgantown Police Department, the Monongalia County Sheriff’s Department, and the Drug Enforcement Administration.JOHN CHAMBERS, of Clarksburg, entered a plea of guilty before Magistrate Judge John S. Kaull to “Possession of Child Pornography.” CHAMBERS, who is free on bond pending sentencing, faces up to ten years in prison. This case was investigated by the Federal Bureau of Investigation and prosecuted as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse, launched in May 2006 by the Department of Justice. Led by United States Attorneys’ Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend, and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
RONALD STARKEY, age 28, of Morgantown, entered a plea of guilty before Judge Kaull to “Felon in Possession of a Firearm.” STARKEY, who is free on bond pending sentencing, faces up to ten years in prison. This case was investigated by the Bureau of Alcohol, Tobacco and Firearms.
The PHILLIPS, CHAMBERS and STARKEY cases were prosecuted by Assistant U.S. Attorney Zelda E. Wesley.
SPAYNE SWINDLE, age 19, of Pittsburgh, Pennsylvania, entered a plea of guilty before Judge Kaull to “Distribution of Cocaine within 1,000 Feet of the Pierpont Community and Technical College.” SWINDLE, who is in custody pending sentencing, faces up to forty years in prison.
LYNN SPAW, age 44, of Clarksburg, entered a plea of guilty before Judge Keeley to “Distribution of Cocaine within 1,000 Feet of the Pierpont Community and Technical College.” SPAW, who is free on bond pending sentencing, faces up to forty years in prison.
JOSEPH GRANT, age 68, of Bridgeport, West Virginia, entered a plea of guilty before Judge Keeley to “Maintaining a Drug-Involved Premise.” GRANT, who is free on bond pending sentencing, faces up to twenty years in prison.
The SWINDLE, SPAW and GRANT cases were prosecuted by Criminal Chief Shawn A. Morgan and investigated by the Greater Harrison County Drug and Violent Crime Task Force.
SASHA PEGGUES, age 28, of Morgantown, entered a plea of guilty before Judge Keeley to “Aggravated Identity Theft” by forging checks belonging to an elderly man for whom she was providing care-giving services for her personal use. PEGGUES, who is in custody pending sentencing, faces up to thirty years in prison. This case was prosecuted by Assistant U.S. Attorney Andrew R. Cogar and investigated by the United States Postal Inspection Service and the Morgantown Police Department.
AARON SEIDEL, age 29, of Warren, Illinois, entered a plea of guilty before Judge Keeley to “Traveling in Interstate commerce for the Purpose of Engaging in Illicit Sexual Conduct.” SEIDEL, who is in custody pending sentencing, faces up to thirty years in prison. This case was prosecuted by Assistant United States Attorney Robert H. McWilliams, Jr. and investigated by the West Virginia State Police.
Eight Individuals Convicted in Federal CourtRead the Press Release
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ELKINS, VIRGINIA – Eight individuals entered plea of guilty before Magistrate Judge John S. Kaull according to United States Attorney William J. Ihlenfeld, II.
LINDSEY PARKER ROY, age 40, MICHAEL WAYNE JOHNSON, age 32, EILEEN MICHAEL DESHAYES, age 28, and NICOLE ROSELLA SPOR, age 36, of Elkins, entered pleas of guilty to “Possession of Pseudoephedrine to be Used in the Manufacture of Methamphetamine.” ROY, JOHNSON and DESHAYES, who are free on bond, and SPOR, who is in custody, pending sentencing, each face up to twenty years in prison. This case was investigated by the West Virginia State Police, the U.S. Forest Service, the Elkins Police Department and the Randolph County Sheriff’s Department.
DESTRY SETH POLING, age 27, of Parsons, West Virginia, SHANNON DAVID FLAGG, age 40, of Hambleton, West Virginia, and MICHAEL LUTHER WHITE, age 22, of Thomas, West Virginia, entered pleas of guilty to “Possession of Pseudoephedrine to be Used in the Manufacture of Methamphetamine.” POLING, FLAGG and WHITE, who are free on bond pending sentencing, each face up to twenty years in prison. This case was investigated by the West Virginia State Police, the U.S. Forest Service, and the Tucker County Sheriff’s Department.
CHAD FREDERICK ARBOGAST, age 34, of Belington, West Virginia, entered a plea of guilty to “Distribution of Oxycodone.” ARBOGAST, who is free on bond pending sentencing, faces up to twenty years in prison. This case was investigated by the West Virginia State Police-Bureau of Criminal Investigations, the U.S. Forest Service and the Randolph County Sheriff’s Department.
The above cases were prosecuted by Assistant U.S. Attorney Stephen D. Warner.
Greater Harrison Drug Task Force Investigation Leads to Two Searches and Arrest of Former Stonewood ResidentRead the Press Release
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CLARKSBURG, WEST VIRGINIA — United States Attorney William J. Ihlenfeld, II, announced that an investigation by the Greater Harrison Drug & Violent Crime Task Force has led to searches of a Stonewood residence and a Bridgeport motel and the arrest of a former Stonewood, West Virginia, resident.
In February of 2013, the residence in Stonewood was searched, pursuant to a Federal search, and officers recovered heroin and money.
On October 11, 2013, after distributing heroin to a confidential informant, MATTHEW VANHORN, age 27, was arrested. Pursuant to the arrest, Room 435 at the Wingate Hotel in Bridgeport, where VANHORN had been residing since July of 2013, was searched. During the search of the hotel room, officers recovered $4,121 in US currency, multiple bundles of heroin totaling approximately 90 grams, a Nokia cellphone, two bottles of Advil containing empty heroin bags, two pocket books containing various paraphernalia, multiple empty bags of heroin, Samsung cell phone, LG cellphone, I-pad and debit cards. During the execution of the search warrant at the motel, two children were present and in close proximity to empty heroin baggies and packaged heroin.
VANHORN appeared before Magistrate Judge John S. Kaull on October 18, 2013, and was remanded to the custody of the United States Marshal.
Two Individuals Convicted and One Sentenced in Federal CourtRead the Press Release
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CLARKSBURG, WEST VIRGINIA – Two individuals entered pleas and one individual sentenced by Magistrate Judge John S. Kaull, according to United States Attorney William J. Ihlenfeld, II.
LORETTA MEREDITH, age 58, of Jamestown, New York, and formerly of Fairmont, West Virginia, entered a plea of guilty to “Conspiracy to Attempt to Obstruct Justice” from January 28, 2013, to May 7, 2013, in the Braxton and Marion County areas. As part of her plea, MEREDITH will forfeit a Compaq laptop computer used to commit the offense of conviction. MEREDITH, who is free on bond pending sentencing, faces up to 20 years in prison. This case was prosecuted by Criminal Chief Shawn A. Morgan and investigated by the United States Marshals Service.
FRANKLIN MOORE, age 43, of Procious, West Virginia, entered a plea of guilty to “Felon in Possession of a Firearm” in Taylor County. MOORE, who is in custody pending sentencing, faces up to 10 years in prison. This case was prosecuted by Assistant U.S. Attorney Zelda E. Welsey and investigated by the Grafton Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives.
DEANTHONY PARKER, age 30, an inmate at USP Hazelton entered a plea of guilty to two counts of “Indecent Exposure” and was sentenced to 180 days imprisonment to run concurrently with his current 60-month sentence. This case was prosecuted by Assistant United States Attorney Brandon S. Flower and investigated by the Special Investigative Services Staff at USP Hazelton.
Three Martinsburg Residents ConvictedRead the Press Release
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MARTINSBURG, WEST VIRGINIA – Three Martinsburg, residents entered pleas of guilty before Magistrate Judge David A. Joel, according to United States Attorney William J. Ihlenfeld, II.
DANNY RAY TERRY, age 54, entered a plea of guilty to “Failure to Register and Update Registration as a Sex Offender” when he moved to West Virginia in 2011. TERRY, who is in custody pending sentencing, faces up to 10 years in prison. This case was prosecuted by Assistant U.S. Attorney Stephen L. Vogrin and investigated by the United States Marshals Service.
PERRY JOSEPH JENKINS, age 33, entered a plea of guilty to “Sale of Firearms to a Prohibited Person.” JENKINS, who is free on bond pending sentencing, faces up to 10 years in prison. This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives.
ROGER DALE MILLER, age 66, entered a plea of guilty to “Felon in Possession of Firearms.” MILLER, who is free on bond pending sentencing, faces up to 10 years in prison. This case was investigated by the Berkeley County Sheriff’s Department and the ATF.
The JENKINS and MILLER cases were prosecuted by Assistant United States Attorney Paul T. Camilletti.
Seven Individuals Convicted on Drug ChargesRead the Press Release
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ELKINS, WEST VIRGINIA — United States Attorney William J. Ihlenfeld, II announced that seven individuals recently entered pleas of guilty in Federal Court in Elkins before Magistrate Judge John S. Kaull.
CHRISTOPHER MICHAEL FISCHER, age 27, of Moorefield, West Virginia, entered a plea of guilty to “Possession of Pseudoephedrine to be Used in the Manufacture of Methamphetamine.” FISCHER, who is free on bond pending sentencing, faces up to 20 years in prison.
ROGER ALLEN SEE, age 23, of Lost River, West Virginia, entered a plea of guilty to “Possession of Material to be Used in the Manufacture of Methamphetamine.” SEE, who is free on bond pending sentencing, faces up to 10 years in prison.
This case was investigated by the Moorefield Police Department, the West Virginia State Police-Bureau of Criminal Investigations and the Hardy County Sheriff’s Department.
JAMES FRANKLIN FLUHARTY, age 23, of Bridgewater, Virginia, entered a plea of guilty to “Possession of Pseudoephedrine to be Used in the Manufacture of Methamphetamine.” FLUHARTY, who is free on bond pending sentencing, faces up to 20 years in prison. This case was investigated by uniformed officers of the West Virginia State Police and the West Virginia State Police BCI unit.
JACK FRANCIS GIBBINS, age 35, of Moorefield, entered a plea of guilty to “Distribution of Heroin.”
GIBBINS, who is free on bond pending sentencing, faces up to 20 years in prison. This case was investigated by the Hardy County Sheriff’s Department, the Wardensville Police Department and the Moorefield Police Department.
MEGAN ROHRBAUGH, age 23, of Rio, West Virginia, entered a plea of guilty to “Distribution of Oxycodone.” ROHRBAUGH, who is free on bond pending sentencing, faces up to 20 years in prison.
LEONARDO RAMOS RODRIGUEZ, age 35, of Petersburg, West Virginia, entered pleas of guilty to one count of “Distribution of Oxycodone” and one count of “Felon in Possession of a Firearm.” RODRIGUEZ, who is in custody pending sentencing, faces up to 20 years in prison on the drug charge and up to 10 years in prison on the firearms charge.
This case was investigated by the West Virginia State Police, US Immigration and Customs Enforcement, Homeland Security Investigations (ICE/HSI), the Grant County Sheriff’s Department and the Grant County Probation Office.
TIMOTHY JUSTON WIMER, age 29, of Moorefield, entered a plea of guilty to one count of “Possession with Intent to Distribute Hydrocodone,” one count of “Possession with Intent to Distribute Oxycodone,” one count of “Possession with Intent to Distribute Methamphetamine,” and, one count of “Possession with Intent to Distribute Morphine.” WIMER, who is in custody pending sentencing, faces up to 10 years imprisonment on the hydrocodone charge and up to 20 years in prison on each of the other three drug charges.
This case was investigated by uniformed officers of the West Virginia State Police, the West Virginia State Police-BCI unit, ATF, the Moorefield Police Department, the Grant County Sheriff’s Department, the Hardy County Sheriff’s Department, the Petersburg Police Department and the Wardensville Police Department.
These cases were prosecuted by Assistant United States Attorney Stephen D. Warner.
Five Sentenced, Two Convicted for Drug Trafficking in Marshall CountyRead the Press Release
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WHEELING, WEST VIRGINIA - Five individuals were sentenced in federal court for their participation in the trafficking of prescription pain killers in Marshall County, according to United States Attorney William J. Ihlenfeld, II.WILBUR L. RICHARDSON, JR., age 47, and ANDREW J. RICHARDSON, age 22, of Bellaire, Ohio, were sentenced to 5 months in prison, 5 months of home detention and 6 years of supervised release for the “Distribution of Oxycodone within 1,000 feet of the Moundsville Middle School.” WILBUR RICHARDSON and ANDREW RICHARDSON were remanded to the custody of the United States Marshal pending designation to a Federal institution.
KRISTEN STURM, age 24; JENNIFER A. THOMPSON, age 25, and TYLER M. YOUNG, age 20, of Moundsville, West Virginia, were sentenced by Judge Stamp to 3 years of supervised probation for the felony offense of “Distribution of Oxycodone within 1,000 feet of the Moundsville Middle School.” The Richardsons, Sturm, Thompson, and Young were all sentenced by U.S. District Judge Frederick P. Stamp Jr.
MONTRELL L. BLACK, also known as “SLIM”, age 20, of Wheeling, pled guilty to one count of “Conspiracy to Distribute Crack Cocaine” and one count of “Felon in Possession of a Firearm” before U.S. Magistrate Judge James E. Seibert. BLACK, who is in custody pending sentencing, faces up to 20 years in prison on the drug charge and up to 10 years in prison on the firearm charge.DANIEL R. ROBERTSON, age 28, entered a plea of guilty before Judge Seibert to “Distribution of Oxymorphone.” ROBERTSON, who is in custody pending sentencing, faces up to 20 years in prison.
These cases were investigated by the Marshall County Drug Task Force, which includes officers and agents from the Moundsville Police Department, the Marshall County Sheriff’s Department, and the Drug Enforcement Administration.
In other matters occurring in federal court in Wheeling, four Ohio Valley residents were either convicted or sentenced on drug-related charges.
MATTHEW SCOTT HEDRICK, age 32, of New Martinsville, WV, was sentenced to 8 months in prison and 3 years of supervised release; and, KIMBERLY LYNN NELSON, age 30, also of New Martinsville, was sentenced to 3 years of supervised probation for “Possession with Intent to Distribute Heroin.” This case was investigated by the West Virginia State Police - Bureau of Criminal Investigations. Judge Stamp imposed the sentences.
JAMES FERGUSON, age 37, of Valley Grove, WV, entered a plea of guilty before Judge Stamp to “Conspiracy to Distribute Oxycodone” in the Wheeling area from late 2011 to May 18, 2012. FERGUSON, who is in custody pending sentencing, faces up to 20 years in prison. This case was investigated by the Ohio Valley Drug & Violent Crime Task Force, consisting of officers from the Wheeling Police Department, the Ohio County Sheriff’s Department, and the Drug Enforcement Administration.
CHRISTIAN E. IVERSON, age 26, of New Martinsville, appeared before Judge Seibert and entered a plea of guilty to “Felon in Possession of a Firearm.” IVERSON, who is free on bond pending sentencing, faces up to 10 years in prison. This case was prosecuted by Assistant U.S. Attorney David J. Perri and investigated by the New Martinsville Police Department and the Bureau of Alcohol, Tobacco, Firearms & Explosives.
Former West Virginia DMV Employee Charged in Driver’s License SchemeRead the Press Release
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Defendant alleged to have sold licenses for cash
MARTINSBURG, WEST VIRGINIA - United States Attorney William J. Ihlenfeld, II, announced that KERMIT MILLER, 60 years old, of Martinsburg, WV, has been indicted on 19 counts of fraud in connection with identification documents. It is alleged that MILLER, a former employee of the state Department of Motor Vehicles, fraudulently produced and distributed West Virginia driver's licenses. As part of the alleged scheme, MILLER did not require that the recipients of the licenses complete the required applications or testing, and MILLER received cash in exchange for the identifications that he provided.
MILLER faces up to 15 years in prison on the conspiracy count and up to 5 years in prison on each of the counts of fraud. The U.S. Attorney's Office is also seeking to forfeit the proceeds obtained by MILLER as a result of the alleged criminal violations.
Anyone who has information about this matter or any other matters related to public corruption in the state is encouraged to call the West Virginia Public Corruption Hotline at 1-855- WVA-FEDS.
The case is being investigated by Homeland Security Investigations (HSI) and is being prosecuted by Assistant United States Attorney Jarod J. Douglas. MILLER is presumed innocent until and unless he is proven guilty.
Greater Harrison Drug Task Force Investigations Lead to Indictments and Arrests of Two Harrison County Residents on Drug ChargesRead the Press Release
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CLARKSBURG, WEST VIRGINIA - Two Harrison County residents were arrested on September 20, 2013, pursuant to Indictments returned by a Federal Grand Jury.
According to United States Attorney William J. Ihlenfeld, II:
EVAN MICHAEL SHAW, age 22, of Bridgeport, West Virginia, was named in a five-count Indictment charging him with two counts of “Distribution of Heroin,” one count of “Possession with Intent to Distribute Heroin,” one count of “Distribution of Buprenorphine within 1,000 Feet of West Virginia Junior College,” and one count of “Distribution of Buprenorphine.” The U.S. Attorney’s Office is seeking to forfeit $906 in United States currency which constitutes proceeds obtained from the illegal activity as well as four cellular phones.
SHAW faces up to 20 years in prison on the three heroin distribution and possession charges, up to 10 years in prison on the buprenorphine distribution and up to 20 years in prison on the buprenorphine distribution within 1,000 feet WV Junior College charge.
MICHAEL JOHN LUTHER GRIFFIN, age 34, of Clarksburg, was named in an three-count Indictment charging him with two counts of “Distribution of Heroin within 1,000 Feet of the North View Elementary School,” and one count of Distribution of Heroin within 1,000 Feet of the Oakmound Apartments.” GRIFFIN faces up to 40 years in prison on each charge.
GRIFFIN and SHAW appeared before Magistrate Judge James E. Seibert and were released on bond pending their arraignments scheduled for September 25, 2013, before Magistrate Judge John S. Kaull.
The cases were investigated by the Greater Harrison County Drug and Violent Crime Task Force consists of officers from the Bridgeport Police Department; Clarksburg Police Department; Drug Enforcement Administration; West Virginia State Police-Bureau of Criminal Investigations, Bureau of Alcohol, Tobacco, Firearms and Explosives, the United States Postal Inspection Service; and, the United States Marshals Service. The cases will be prosecuted by Criminal Chief Shawn A. Morgan.
All of the charges contained in the above-referenced indictment are merely accusations and not evidence of guilt, and the defendant is presumed innocent until and unless proven guilty. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offense and the criminal history, if any, of the defendant.Winchester Resident Arrested for Impersonating A Federal OfficerRead the Press Release
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MARTINSBURG, WEST VIRGINIA - A 36-year old Winchester, Virginia, resident was arrested on September 19, 2013, pursuant to an Indictment returned by a Federal Grand Jury.
According to United States Attorney William J. Ihlenfeld, II, TALBERT FOSTER DEHAVEN, III was named in a 4-count Indictment charging him with three counts of “Impersonating an Officer,” and one count of “Possessing a United States Marshal Badge.” DEHAVEN is alleged to have claimed to be a U.S. Marshal engaged in the location and apprehension of a wanted criminal.DEHAVEN faces up to three years in prison on the impersonation charges and up to six months in prison on the possession charge.
This case will be prosecuted by Assistant United States Attorney Paul T. Camilletti and was investigated by the United States Marshals Service.
All of the charges contained in the above-referenced indictment are merely accusations and not evidence of guilt, and the defendant is presumed innocent until and unless proven guilty. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offense and the criminal history, if any, of the defendant.
Two North Carolina Residents Convicted for Conspiracy to Distribute OxycodoneRead the Press Release
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Four Others Appear for Pleas and Sentencing
CLARKSBURG, WEST VIRGINIA - United States Attorney William J. Ihlenfeld, II,
announced the convictions of two North Carolina men for selling painkillers in West Virginia.AARON MONTREAL RIGGIN, age 37, and REGINALD SCOTT, age 45, both of North Carolina, entered pleas of guilty to “Conspiracy to Distribute Oxycodone” in federal court in Clarksburg. RIGGIN and SCOTT admitted to selling oxycodone in Morgantown, WV, between September of 2011 to April 21, 2012. RIGGIN, who is free on bond, and SCOTT, who is in custody, each face up to 20 years in prison. This case was prosecuted by Assistant United States Attorney Zelda E. Wesley and investigated by the West Virginia State Police-Bureau of Criminal Investigations.
HALEY HOBLITZELL, age 24, of Morgantown, West Virginia, was sentenced to
21 months in prison and 3 years of supervised release for “Theft of Firearms” on August 9, 2012. HOBLITZELL was remanded to the custody of the United States Marshal pending designation to a Federal institution. This case was prosecuted by Wesley and was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the West Virginia State Police.MARCUS ALLEN, age 51, an inmate at the federal prison in Gilmer County, entered a plea of guilty to “Possession of a Prohibited Object” when staff at the institution confiscated a small plastic bottle containing marijuana which had been given to ALLEN by a visitor. ALLEN was sentenced to 4 months in prison to run consecutive to his current 175-month sentence. This case was prosecuted by Assistant United States Attorney Brandon S. Flower and was investigated by the Federal Bureau of Investigation and the Special Investigative Services Unit at FCI Gilmer.
RONALD CLEVENGER, age 70, of Clarksburg, was sentenced to 5 years of probation and ordered to make restitution in the amount of $115,150.06 for “Embezzlement, Theft and Conversion of Government Funds.” From October of 1999 to September of 2010, CLEVENGER converted benefits from agencies of the United States by taking Social Security and Coal Mine Workers’ Compensation benefits that were paid to CLEVENGER’s deceased mother. This case was prosecuted by Assistant United States Attorney Andrew R. Cogar and investigated by the Social Security Administration Office of Inspector General and the Department of Labor Office of Inspector General.
GREGGORY MAYFIELD, age 49, of Albright, West Virginia, was sentenced to 5 years of probation for “Possession of Stolen Explosives” from December of 2012 to February 20, 2013, in Preston County. This case was prosecuted by Assistant United States Attorney Shawn A. Morgan and investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives.
Pennsylvania Man Charged with Traveling to Have Sex with Minor FemaleRead the Press Release
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Federal Grand Jury also returns drug and gun indictments
MARTINSBURG, WV – A Warfordsburg, Pennsylvania, man has been indicted by a federal grand jury for allegedly traveling across state lines to have sex with a minor, according to United States Attorney William J. Ihlenfeld, II.
ANTHONY ALLEN PENNINGTON, age 24, is charged with transporting a minor female from Berkeley Springs, West Virginia, to the Commonwealth of Pennsylvania and engaging in sexual activity with her on May 18, 2013. PENNINGTON faces one count of “Transportation in Interstate Commerce of Minor for Purposes of Engaging in Sexual Activity,” and one count of “Traveling in Interstate Commerce with the Intent to Engage in Illicit Sexual Conduct.” If convicted, PENNINGTON faces up to life in prison on the transportation count and up to thirty years in prison on the traveling count.
PENNINGTON, who is being held at the Eastern Regional Jail, will appear in federal court for an initial appearance. The case was investigated by the Morgan County Sheriff’s Department.
In addition, the following indictments were also returned:
NICHOLAS JAMES HALL, age 22, of Martinsburg, was charged with two counts of “Distribution of Crack Cocaine,” one count of “Possession with Intent to Distribute Crack Cocaine,” two counts of “Possession with Intent to Distribute Heroin,” and two counts of “Felon in Possession of Firearms and Ammunition.” The U.S. Attorney’s office is seeking to forfeit $5,898 in U.S. currency as well as firearms and ammunition seized by law enforcement officers. If convicted, HALL faces up to 30 years in prison on each of the drug charges and up to 10 years in prison on each of the firearms charges. This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Eastern Panhandle Drug & Violent Crime Task Force, consisting of officers from the West Virginia State Police - Bureau of Criminal Investigation, the Martinsburg Police Department, and the Berkeley County Sheriff’s Department.
THEOFANIS MAVROUDIS, age 45, of Charles Town, West Virginia, was charged with “Failure to Register as Sex Offender” from April 2012 to November 21, 2012, in Charles Town, West Virginia. If convicted, MAVROUDIS faces up to ten years in prison. This case was investigated by the United States Marshals Service.
The PENNINGTON, HALL and MAVROUDIS cases will be prosecuted by Assistant United States Attorney Jarod J. Douglas.
BRANDON L. WHITE, age 29, of Martinsburg, was charged with one count of “Stealing Public Money” and two counts of “False Statement.” The Indictment charges WHITE with providing false travel vouchers to the VA Medical Center for reimbursement for travel from a false address in Augusta, West Virginia, in the approximate amount of $10,076.58. If convicted, WHITE faces up to ten years in imprisonment on the stealing public money charge and five years in prison on the false statement charges. This case will be prosecuted by Assistant United States Attorney Robert H. McWilliams, Jr. and was investigated by the Veterans Administration, Office of Inspector General, Criminal Investigations Division.
DONNIE COLLINS, age 28, was charged with three counts of “Distribution of Heroin,” one count of “Possession with Intent to Distribute Heroin,” and one count of “Felon in Possession of Firearms.” The U.S. Attorney’s office is seeking to forfeit three firearms seized by law enforcement officers. If convicted, COLLINS faces up to 20 years in prison on each of the drug charges and up to 10 years in prison on the firearms charges.
CODY ASHBY, age 21, of Martinsburg, was charged with “Felon in Possession of a Firearm.” The U.S. Attorney’s office is seeking a firearm and ammunition seized by law enforcement officers. If convicted, ASHBY faces up to 10 years in prison.
These case were investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Eastern Panhandle Drug & Violent Crime Task Force, consisting of officers from the West Virginia State Police - Bureau of Criminal Investigation, the Martinsburg Police Department, and the Berkeley County Sheriff’s Department.
RENE GONZALEZ-BERMUDEZ, was charged with “Illegal Reentry After Removal.” If convicted, GONZALEZ-BERMUDEZ faces up to two years imprisonment. The case was investigated by US Immigration and Customs Enforcement, Homeland Security Investigations (ICE/HSI).
The COLLINS, ASHBY and GONZALEZ-BERMUDEZ cases will be prosecuted by Assistant United States Attorney Paul T. Camilletti.
All of the charges contained in the above-referenced indictments are merely accusations and not evidence of guilt, and each defendant is presumed innocent until and unless proven guilty. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offense and the criminal history, if any, of the defendant.
Martins Ferry Man Sentenced for Cocaine TraffickingRead the Press Release
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Bridgeport, OH, sex offender convicted for failing to register
WHEELING, WEST VIRGINIA - A Martins Ferry, Ohio man was sentenced to federal
prison for his role in the sale of large quantities of cocaine.United States Attorney William J. Ihlenfeld, II, announced that SHERMAN L. GRIFFIN, age 36, was sentenced to 37 months in prison and 4 years of supervised release for “Conspiracy to Distribute More than 500 Grams of Cocaine.” GRIFFIN was also ordered to forfeit $1,155 seized from him on December 19, 2012, which constitutes proceeds from the drug activity. GRIFFIN, who is free on bond, will self-report to the designated Federal institution. The case was prosecuted by Assistant United States Attorney John C. Parr and was investigated by the Ohio Valley Drug & Violent Crimes Task Force, which consists of officers from the Wheeling Police Department, the Ohio County Sheriff’s Department, the West Virginia State Police, and the Drug Enforcement Administration.
In a separate matter, MICHAEL RUNYON, age 33, of Bridgeport, Ohio, appeared and entered a plea of guilty to “Failure to Update Sex Offender Registration.” RUNYON admitted that between January, 2013 and May, 2013, he failed to register as a sex offender as required due to his federal conviction in 2006 for “Transportation of a Minor Across State Lines for Sexual Purposes.” RUNYON faces up to 10 years in prison. The RUNYON case was prosecuted by Assistant United States Attorney David J. Perri and was investigated by the United States Marshals Service.
Former Teacher Sentenced on Heroin Distribution ChargeRead the Press Release
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WHEELING, WEST VIRGINIA - A former teacher and basketball coach
from Marshall County was sentenced today on heroin distribution charges.United States Attorney William J. Ihlenfeld, II, announced that AMANDA
ALLISON, age 27, of Cameron, West Virginia, was sentenced to 30 months of imprisonment and 3 years of supervised release as a result of her conviction for “Conspiracy to Distribute Heroin.” ALLISON had previously admitted to conspiring to sell heroin between January and April of 2013.ALLISON was remanded to the custody of the United States Marshal pending designation to a Federal institution.
The case was prosecuted by Assistant United States Attorney Randolph J. Bernard and investigated by the Marshall County Drug Task Force, which consists of officers and agents from the Moundsville Police Department, the Marshall County Sheriff’s Department and the Drug Enforcement Administration.
Former County Prosecutor Convicted of Oxycodone Distribution Six Others Appear for Hearings in Martinsburg Federal CourtRead the Press Release
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MARTINSBURG, WEST VIRGINIA - A former assistant county prosecutor was
convicted in federal court for the illegal distribution of painkillers, according to United States Attorney William J. Ihlenfeld, II.JAMES CASIMIRO, III, age 37, of Ranson, West Virginia, and a former assistant prosecuting attorney in Jefferson County, WV, entered a plea of guilty to “Distribution of Oxycodone” and now faces up to 20 years in prison. CASIMIRO admitted to obtaining the painkillers from a cancer patient and then selling them for profit. The investigation involved the use of a confidential informant who made purchases of oxycodone tablets from CASIMIRO in May and June of 2013, a time period during which he was still employed as a prosecutor.
“Because of the defendant’s occupation we moved quickly to investigate and to prosecute this matter,” said U.S. Attorney Ihlenfeld. “If someone who is sworn to uphold the law is instead breaking the law then we must move swiftly to preserve the integrity of the criminal justice system.”
The CASIMIRO case was investigated by the Federal Bureau of Investigation and the Eastern Panhandle Drug & Violent Crimes Task Force. It was prosecuted by Assistant U.S. Attorney Paul T. Camilletti.
In another matter, Ihlenfeld announced that two Hedgesville residents were convicted for the sale of heroin.
DANIEL ROBERT MYERS, JR., age 35, and JORDAN BROOKE GAMBRELL, age 20, both of Hedgesville, West Virginia, entered pleas of guilty to “Possession with Intent to Distribute Heroin” on November 15, 2012. MYERS, who is in custody, and GAMBRELL, who is free on bond, each face up to 20 years in prison when sentenced.
The MYERS & GAMBRELL cases were prosecuted by Assistant United States Attorney Jarod J. Douglas and investigated by the Eastern Panhandle Drug & Violent Crime Task Force, consisting of officers from the West Virginia State Police - Bureau of Criminal Investigation, the Martinsburg Police Department, and the Berkeley County Sheriff’s Department.
BRIAN NICKENS, age 38, of Shenandoah Junction, West Virginia, entered a plea of guilty to “Drug User in Possession of a Firearm” on March 26, 2012. NICKENS, who is in custody pending sentencing faces up to 10 years in prison. This case was investigated by the Jefferson County Sheriff’s Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives, and prosecuted by Camilletti.
ERIC SCOTT TAYLOR, age 34, of Gerrardstown, West Virginia, entered a plea of guilty to “Distribution of Marijuana” on July 31, 2013. TAYLOR, who is free on bond pending sentencing, faces up to 5 years in prison. This case was prosecuted by Douglas and investigated by Bureau of Alcohol, Tobacco, Firearms and Explosives.
KEIRA LEE WIDDOWS, age 31, of Falling Waters, West Virginia, and formerly of Hagerstown, Maryland, was sentenced to 15 months in prison and 2 years of supervised release for “False Statement in Acquisition of a Firearm” on January 10, 2012. WIDDOWS, who is free on bond, will self-report to the designated Federal Institution. This case was investigated by the Washington County, Maryland, Sheriff’s Department, the Maryland State Police and the Bureau of Alcohol, Tobacco, Firearms and Explosives, and prosecuted by Camilletti.
JASON SWISHER, age 30, and JENNIFER HILEMAN, age 30, of Elizabethtown, Pennsylvania, were sentenced to 33 months in prison and 3 years of supervised release and 16 months in prison and 3 years of supervised release, respectively, for “Conspiracy to Distribute Heroin” in the Berkeley County, West Virginia, area. SWISHER was remanded to the custody of the United States Marshal pending designation to a Federal institution and HILEMAN will self-report to the designated Federal institution in October. This case was prosecuted by Assistant United States Attorney Robert H. McWilliams, Jr. and investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives.