Southern District of West Virginia
Press releases recorded for this federal judicial district.
Charleston Pill Dealer Who Pawned Pistol Sentenced to More Than 3 Years in Federal PrisonRead the Press Release
CHARLESTON, W.Va. – A Charleston pill dealer who illegally possessed a 9-millimeter pistol in January 2013 and then turned it in at a local pawn shop for cash was sentenced today to three years and one month in federal prison, announced U.S. Attorney Booth Goodwin. Anthony Dawson, Jr., 30, previously pleaded guilty in July to being a felon in possession of a firearm. Dawson’s sentence was handed down by U.S. District Judge John T. Copenhaver, Jr. in Charleston. On January 3, 2013, Dawson possessed a 9-millimeter pistol and later pawned the firearm near Dunbar, W.Va. in exchange for $400.
Dawson was previously convicted of conspiracy to deliver oxycodone in June 2009 in the Circuit Court of Kanawha County. He did not have his rights to possess a firearm restored.
The Charleston Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives conducted the investigation. Assistant United States Attorney Erik S. Goes handled the prosecution.
This case was prosecuted as part of Project Safe Neighborhoods. Project Safe Neighborhoods is a nationwide commitment to reduce gun crime in the United States by networking existing local programs targeting gun crime.
This case was also prosecuted as part of an ongoing effort led by the United States Attorney’s Office for the Southern District of West Virginia to combat the illicit sale and misuse of prescription drugs. The U.S. Attorney’s Office, joined by federal, state and local law enforcement agencies, is committed to aggressively pursuing and shutting down illegal pill trafficking, eliminating open air drug markets, and curtailing the spread of opiate painkillers in communities across the Southern District.
Michigan Felon Pleads Guilty to Illegal Firearm Possession ChargeRead the Press Release
HUNTINGTON, W.Va. – A 23-year-old Michigan felon faces up to 10 years in prison after pleading guilty to a federal firearm possession charge, announced U.S. Attorney Booth Goodwin. Deandrew Fizer III, of Romulus, Mich., pleaded guilty today before Chief United States District Judge Robert C. Chambers in Huntington. On June 7, 2013, officers with the Huntington Police Department responded to a burglary in progress call on Sycamore Street in Huntington. Police entered the residence and found Fizer in a bedroom with a .45 caliber pistol lying within his reach. Fizer, who was arrested, waived his Miranda rights and told police that he had possessed the firearm for approximately a week.
Fizer was previously convicted of felonious assault in June 2010 in the Third Judicial Circuit Court of Wayne County in Michigan. He did not have his rights to possess a firearm restored.
Fizer is scheduled to be sentenced on February 3, 2014.The investigation was conducted by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Huntington Police Department. Assistant United States Attorney Joseph F. Adams is in charge of the prosecution.
The case is being brought as part of Project Safe Neighborhoods. Project Safe Neighborhoods is a nationwide commitment to reduce gun crime in the United States by networking existing local programs targeting gun crime.
Detroit Man Who Arrived at Huntington Bus Station with Heroin Sentenced to 21 Months in Federal PrisonRead the Press Release
HUNTINGTON, W.Va. – A Detroit drug courier who arrived at a Huntington Greyhound Bus Station in April 2013 in possession of heroin was sentenced today to 21 months in federal prison, announced U.S. Attorney Booth Goodwin. Jalin Tyref McArn, 19, previously pleaded guilty in July to possession of heroin with intent to distribute.
On April 24, 2013, a Drug Enforcement Administration (DEA) agent working undercover received a phone call from a Detroit drug supplier to arrange a heroin transaction. That same day, McArn, acting as a drug courier, arrived at the Greyhound bus station in Huntington to complete the prearranged transaction.
As McArn exited the bus station, he was approached by a federal agent working undercover at the time. Following a brief conversation, McArn got into the undercover agent’s vehicle and indicated that he had heroin on his person. McArn also told the undercover agent that he would provide him with heroin as payment for the ride from the bus station. Police arrested McArn and seized approximately 15 grams of heroin that he had hidden on his person.
The Huntington Police Department and the DEA conducted the investigation. Assistant United States Attorney Gregory McVey handled the prosecution. The sentence was imposed by Chief United States District Judge Robert C. Chambers.
Goodwin, Law Enforcement Leaders Unveil Permanent Putnam Co. Prescription Collection Bin; Urge West Virginians to Join Prescription Drug Take-back on SaturdayRead the Press Release
Saturday’s event is the seventh national Prescription Drug Take-Back event
WINFIELD, W.Va. - United States Attorney Booth Goodwin, joined by Drug Enforcement Administration (DEA) Resident Agent in Charge Suzan Williamson and Putnam Co. Sheriff Steve Deweese, today asked West Virginians to reach into their home medicine cabinets and pull out any unused, unwanted or expired prescriptions and turn them in at a drop-off site on Saturday as part of National Prescription Drug Take-Back Day. The three officials gathered in Winfield to unveil the Putnam County Sheriff’s Department’s new permanent prescription drug collection box.
The latest national Prescription Drug Take-Back Day will be held on Saturday, October 26, 2013, from 10 a.m. to 2 p.m. More than 130 locations across the state will serve as designated drop-off sites for Saturday’s event. This Saturday’s event is the seventh national Prescription Drug Take-Back. To date, the take-back initiative has removed more than 11 tons of unwanted prescription drugs from homes and medicine cabinets in the Mountain State, and more than 1,409 tons nationwide.
“We’ve seen overwhelming response in our first six take-back events,” said U.S. Attorney Goodwin. “That strong public reaction tells us there’s a huge need for places to dispose of unwanted prescription drugs. Putnam County has answered that need with this permanent collection box. I hope to see more local governments follow their lead.”
Goodwin continued, “For many people, particularly teenagers, the road to addiction starts with pills they find in their parents’ or grandparents’ medicine cabinets. That’s why prescription drug take-back programs are so important. I urge everyone to clean out their medicine cabinets and drop off unneeded medications at a take-back site this Saturday.”
Putnam County’s new permanent prescription drug collection box was made possible through a partnership between the Putnam Wellness Anti-Drug Coalition and the Putnam County Sheriff’s Department. The collection unit, which will be accessible for citizen prescription drug drop-offs beginning Saturday, October 26 (Prescription Drug Take-Back Day), is located at the Putnam County Sheriff’s Department. Citizens can drop off any unused and unwanted medications at the new site or any of the designated sites across the state with no questions asked.
Saturday’s Take-Back event provides an opportunity for people who missed previous events, or who have accumulated unwanted, unused prescription drugs since the last take-back event, to safely dispose of those medications.
For more information about take-back locations in West Virginia, please visit www.dea.gov and follow the link for National Prescription Take-Back Day.
Goodwin Urges Public to Continue Prescription Drug Fight in Seventh Federal Takeback EventRead the Press Release
Latest installment of highly successful take-back initiative set for Saturday, October 26, 10 a.m. to 2 p.m.
CHARLESTON, W.VA. - U.S. Attorney Booth Goodwin today asked West Virginians to continue their overwhelming support for the federal Prescription Drug Take-Back initiative, which so far has removed more than 11 tons of unwanted prescription drugs from homes and medicine cabinets in the Mountain State, and more than 1,409 tons nationwide. The seventh national Prescription Drug Take-Back event is scheduled for Saturday, October 26, 2013, from 10 a.m. to 2 p.m. Begun in September 2010 as a way to fight the scourge of prescription drug abuse in West Virginia and around the country, the Prescription Drug Take-Back program is organized by federal law enforcement authorities in cooperation with state and local police departments in all 50 states.
With the latest installment of the take-back initiative set to kick off, U.S. Attorney Goodwin looked back at the progress made over the past three years. “When we started this event in 2010, we didn’t know what to expect,” Goodwin said. “We saw the need for a place to dispose of unwanted prescription drugs, but the response was hard to predict. In the three years since, West Virginians and Americans have stepped up beyond our wildest expectations. Through these take-back events, tens of thousands of West Virginians are doing their part to fight prescription drug abuse---our state’s worst crime problem.”
“From zero to more than 1,409 tons nationwide in three years is a remarkable accomplishment,” Goodwin continued. “Those of us who were there at the beginning are thrilled by how far this has come, and we welcome the many public officials who’ve decided they want to be part of the success.”
“I’ve prosecuted over 250 drug dealers since taking office,” Goodwin said. “But I’ve always said we can’t simply prosecute our way out of this problem. It’s essential to stop people from becoming addicted in the first place, and addicts often get started with pills that have been forgotten in a friend or relative’s medicine cabinet.”
The Prescription Drug Take-Back initiative is coordinated by the United States Drug Enforcement Administration, an agency of the United States Department of Justice.
Saturday from 10 a.m. to 2 p.m., West Virginians can drop off their unwanted prescription drugs at more than 130 drop-off locations statewide, including police stations, designated shopping centers, and local pharmacies. At all locations, drop-offs are accepted with no questions asked. For a full list of take-back locations, go to www.dea.gov.
Parkersburg Man with Kilo of Cocaine, Firearm Sentenced to More Than 22 Years in Prison on Federal ChargesRead the Press Release
Curry fired a .40 caliber pistol during attempt to escape police custody
CHARLESTON, W.Va. – A Parkersburg man who possessed more than a kilo of cocaine during a May drug buy was sentenced today in federal court in Charleston to a total of 22 years and seven months in federal prison, announced U.S. Attorney Booth Goodwin. Richard Curry, Jr., also known as “Cheese” and “Curtus Javon McDonald,” previously pleaded guilty in July to possession with intent to distribute cocaine and discharging a firearm during a drug trafficking crime. On May 3, 2013, a confidential informant working with the Metropolitan Drug Enforcement Network Team (MDENT) arranged to purchase cocaine from Curry. Police observed Curry, who was driving a tan Hummer SUV at the time, arrive in the parking lot of the informant’s Charleston apartment complex. Curry, 31, later entered the informant’s residence where he was immediately taken into custody by police. Curry, who began resisting arrest, fired a single shot from a Taurus .40 caliber pistol that he had hidden inside of his jacket. No one was injured as a result of the shooting. Police determined that the bullet entered into the floor of the residence.
“Time and time again, Mr. Curry has broken our federal drug laws,” U.S. Attorney Booth Goodwin said. “In fact, this is his third felony drug conviction. Now he will have more than 22-plus years in prison to think about what he did.”
Police conducted a search of the defendant and found a package wrapped in electrical tape hidden on Curry’s person. The package contained cocaine weighing 1.2 kilograms.
Police also obtained a search warrant for the defendant’s Hummer SUV. During a search of the vehicle, officers found 68 grams of crack cocaine and 73 grams of cocaine. Officers performed a check of the vehicle’s registration and determined that it had been registered to Curtus Javon McDonald.
On May 6, 2013, Curry appeared before United States Magistrate Judge Dwayne L. Tinsley for an initial appearance on a criminal complaint that was filed against him. During the hearing, Curry represented to the Court that his name was Curtus Javon McDonald. However, after a fingerprint scan was performed on the defendant by the United States Marshals Service, the defendant’s true identity was determined to be that of Richard L. Curry, Jr.
Curry is responsible for distributing cocaine to a confidential informant on at least six other occasions. During the illegal drug transactions, Curry distributed half-kilogram quantities of cocaine in exchange for cash.
In today’s hearing, United States District Judge Thomas E. Johnston sentenced the defendant to a total of 271 months in prison: 151 months for one count of possession with intent to distribute cocaine and 120 months for using, carrying, and discharging a firearm during a drug trafficking crime. Judge Johnston ordered the prison sentences to be served consecutively.
The investigation was conducted by MDENT and the Drug Enforcement Administration. Assistant United States Attorney Monica D. Coleman handled the prosecution.
Man Who Hid Cocaine, Nearly $70,000 in Cash at Charleston Residence Gets 2 ½ Years in Federal PrisonRead the Press Release
CHARLESTON, W.Va. – A 24-year-old man who had 196 grams of cocaine and nearly $70,000 in cash hidden at his Charleston residence in February 2012 was sentenced today to two and a half years in federal prison, announced U.S. Attorney Booth Goodwin. Gabriel J. Gonzalez previously pleaded guilty in June to possession with intent to distribute cocaine. Gonzalez’s sentence was handed down by United States District Judge Thomas E. Johnston in Charleston.
On February 28, 2012, members of the Charleston Police Department executed a search warrant on Gonzalez’s Charleston residence. During the search, police found cocaine, $69,440 in cash, and a set of digital scales. The cocaine seized by law enforcement weighed 196 grams. Gonzalez told police that he intended to sell the cocaine. Gonzalez also told police that the cash inside his residence was proceeds collected from illegal drug transactions.
This case was investigated by the Charleston Police Department. Assistant United States Attorney Blaire Malkin handled the prosecution.
Pill Dealers Sentenced to Prison on Federal Oxycodone ChargesRead the Press Release
CHARLESTON, W.Va. – A man and woman were sentenced to federal prison on Oct. 17 on federal oxycodone charges, announced U.S. Attorney Booth Goodwin. Christy Stevens, of Charleston, was sentenced to two years and three months in prison. Stevens, 34, previously pleaded guilty in July to conspiracy to distribute oxycodone. Stevens’ co-defendant, Terry Martin, 21, of Detroit, was also sentenced on Thursday to one year and four months in prison for aiding and abetting the possession of oxycodone with intent to distribute. On July 6, 2011, police conducted a traffic stop of Stevens’ vehicle. During a search of the vehicle, police observed a large amount of cash inside Stevens’ purse. Stevens agreed to provide a statement to police regarding the source of the cash. After being advised of her Miranda rights, Stevens told police that the $8,000 in her purse were proceeds from illegal pill transactions.
Stevens provided additional information to police about a delivery of pills she was expecting from two acquaintances. The next day, Martin and a third individual were arrested outside of Stevens’ residence after police seized approximately 60 oxycodone pills from Martin’s associate. Martin admitted that he travelled with his associate from Detroit to Charleston and intended to deliver oxycodone pills to Stevens.
Stevens also told police that for eight months, she received oxycodone pills from a source of supply located in Detroit. After obtaining the pills from her source of supply, she sold the 30-milligram oxycodone pills in and around Charleston and also took a portion of the pills for her personal use.The Metropolitan Drug Enforcement Network Team conducted the investigation. Assistant United States Attorney John Frail handled the prosecutions. The sentences were imposed by United States District Judge Thomas E. Johnston.
The cases were prosecuted as part of an ongoing effort led by the United States Attorney’s Office for the Southern District of West Virginia to combat the illicit sale and misuse of prescription drugs. The U.S. Attorney’s Office, joined by federal, state and local law enforcement agencies, is committed to aggressively pursuing and shutting down illegal pill trafficking, eliminating open air drug markets, and curtailing the spread of opiate painkillers in communities across the Southern District.
Charleston Man Sentenced to 5 Years in Federal Prison for Selling Crack CocaineRead the Press Release
CHARLESTON, W.Va. – A Charleston man who sold crack cocaine to a police informant was sentenced on Oct. 17 to five years in federal prison, announced U.S. Attorney Booth Goodwin. Calvin Lee Boswell, also known as “Boo” and “Big Boy,” previously pleaded guilty in June to seven counts of distribution of crack cocaine. On three separate occasions in October 2011, Boswell sold crack cocaine to a confidential informant working in cooperation with the Special Enforcement Unit of the Charleston Police Department.
Boswell, 25, also sold crack cocaine to a confidential informant working for the Metropolitan Drug Enforcement Network Team (MDENT) on November 26, 2012. Boswell distributed crack cocaine three times in December 2012. Each illegal drug transaction was completed in and around Charleston.
This case was investigated by MDENT and the Special Enforcement Unit of the Charleston Police Department. Assistant United States Attorney Joshua Hanks handled the prosecution. The sentence was imposed by United States District Judge John T. Copenhaver, Jr.Florida Man Who Illegally Mailed Nearly 20,000 Oxycodone Pills to West Virginia Sentenced to 14 Years in PrisonRead the Press Release
Ryan Moore received more than $330,000 cash in connection with pill distribution plot
BECKLEY, W.Va. – A Florida man who illegally mailed packages containing thousands of powerful prescription painkiller pills to individuals located in West Virginia was sentenced to 14 years in federal prison, announced U.S. Attorney Booth Goodwin. Ryan D. Moore, of Hillsborough County, Fla., previously pleaded guilty in May to conspiracy to distribute oxycodone and conspiracy to commit money laundering. From at least October 15, 2010 and April 27, 2012, Moore mailed packages containing a total of approximately 17,000 30-milligram oxycodone tablets to individuals located in West Virginia. Moore, 32, sent more than one hundred express mail packages from U.S. Postal Service facilities located near Tampa, Fla. to a post office box at Glen Fork, W.Va. Moore also mailed packages to a location in Calvin, Nicholas Co. All of the packages mailed by Moore contained oxycodone tablets.
U.S. Attorney Booth Goodwin said, “When tens of thousands of painkillers are illegally mailed in just over a year’s time, it says something about the extent of this district’s pill problem. My office’s commitment to prosecute pill dealers will continue.”
Moore received at least $330,000 in cash as payment for the packages that contained oxycodone tablets. The cash was deposited by known individuals into Moore’s bank accounts during the scheme. Moore knew that the cash payments deposited into his bank account were proceeds collected from illegal pill transactions.
Moore mailed packages containing oxycodone pills to two Wyoming County residents, Christopher and Jennifer Brooks, from at least March 2010 until April 27, 2012. Christopher Brooks, 36, and Jennifer Brooks, 29, both of Glen Fork, W.Va., previously pleaded guilty in February to conspiracy to distribute oxycodone and money laundering charges. Mr. and Ms. Brooks received at least 130 express mail packages containing a total of approximately 17,000 30-milligram oxycodone tablets between October 15, 2010 and April 27, 2012. As payment for the oxycodone pills, Mr. and Ms. Brooks deposited at least $300,000 cash into bank accounts that were owned by Moore.
Mr. Brooks was sentenced to 10 years in federal prison in August. Also in August, Mrs. Brooks was sentenced to seven years in prison for her role in the scheme.
Moore also mailed packages containing oxycodone to convicted Nicholas County pill dealer, Keith Keiffer. Keiffer, 32, of Calvin, Nicholas County, W.Va., received at least 15 express mail packages that contained a total of approximately 1,400 30-milligram oxycodone tablets from Moore. Keiffer, in exchange for the oxycodone tablets, deposited thousands of dollars’ cash into Moore’s bank accounts. Keiffer was sentenced to four years in federal prison in July.
Moore’s sentence was imposed by United States District Judge Irene C. Berger.
The Internal Revenue Service - Criminal Investigation, the U.S. Postal Inspection Service, the Drug Enforcement Administration and the Wyoming County Sheriff’s Department conducted the investigation. Assistant United States Attorney Haley Bunn handled prosecution.
This case was prosecuted as part of an ongoing effort led by the United States Attorney’s Office for the Southern District of West Virginia to combat the illicit sale and misuse of prescription drugs. The U.S. Attorney’s Office, joined by federal, state and local law enforcement agencies, is committed to aggressively pursuing and shutting down illegal pill trafficking, eliminating open air drug markets, and curtailing the spread of opiate painkillers in communities across the Southern District.
U.S. Attorney Goodwin and Huntington Police Chief Launch Film and Facebook Page to Fight Prescription Pill AbuseRead the Press Release
Goodwin and Holbrook say film’s anti-drug message will reinforce prevention efforts
HUNTINGTON, W.Va. – U.S. Attorney Booth Goodwin, joined by Huntington Police Department Chief W.H. “Skip” Holbrook today met with students and faculty at Huntington Middle School to launch a film and Facebook page designed to educate young people about the dangers of prescription drug abuse.
“Prescription drug abuse has been like no other drug problem we’ve ever faced,” U.S. Attorney Booth Goodwin said. “The biggest problem in this district is legal drugs.”
Goodwin continued, “For many people, especially adolescents, the road to addiction starts with pills they find in their parents’ or grandparents’ medicine cabinets. We’ve seen time and again that when people begin experimenting with pills, they eventually move to cheaper alternatives, like heroin, to feed their addiction.”
Goodwin said that building relationships between the law enforcement and education communities is essential toward strengthening prevention efforts. “We commissioned this film in an effort to get students’ attention. They must understand that prescription pill abuse has real consequences. It can send a person’s life into a downward spiral in the blink of an eye,” Goodwin said.
The educational film, known as “E.O.D. Equal Opportunity Destroyer” or “E.O.D.,” was developed through a partnership between the U.S. Attorney’s Office for the Southern District of West Virginia and the Huntington Police Department. It was funded by a grant from the West Virginia Division of Justice and Community Services. The 17-minute film features the true stories of a West Virginia father and a young woman whose lives have been tremendously altered by prescription drug abuse.
Goodwin debuted the E.O.D. film during a statewide education conference at the Charleston Civic Center in June. Since then, Goodwin has shown the film at schools and professional conferences throughout the state, in an effort to educate the public about the dangers associated with prescription pill abuse.
Goodwin said, “We hope people will see this film and decide to share it. They can do so through the web site: www.wvsafeschools.org and now on Facebook: www.facebook.com/EODWV.”
"Opiate abuse transcends all of society; it does not discriminate,” Huntington Police Chief Skip Holbrook said. “This issue is absolutely the most pressing law enforcement and public health issue facing our community. We’ve seen the tragic results of opiate addiction at an alarming rate.”
Holbrook continued, “We’ve seen a number of overdoses in just the last few weeks. Our community is still mourning the death of three young adults. Each overdose call is like a punch in the gut for me -- it breaks my heart."
The Centers for Disease Control and Prevention (CDC) statistics show that nearly 15,000 people die every year of overdoses involving prescription painkillers. In 2010, one in 20 people in the United States (age 12 or older) reported using prescription painkillers for nonmedical reasons. West Virginia has maintained one of the nation’s highest drug overdose death rates. Most of the overdoses have involved prescription painkillers.
The official E.O.D. video can also be viewed on You Tube by clicking the following link: http://www.youtube.com/watch?v=Dr3jN6atZ44
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Goodwin Charges Mingo Judge in Second ConspiracyRead the Press Release
CHARLESTON, W.Va. - U.S. Attorney Booth Goodwin today charged Mingo County Circuit Judge Michael Thornsbury in a second conspiracy to deprive a Mingo County resident of his constitutional rights. In a court filing this morning, Goodwin alleged that Thornsbury conspired with other Mingo County elected officials to cover up evidence of illegal drug use and other misconduct by late Mingo County Sheriff Eugene Crum.
Earlier this year, according to Goodwin, a Mingo County drug defendant began to provide the Federal Bureau of Investigation (FBI) with information about misconduct by then Sheriff Crum, including illegal drug use and election law violations. The drug defendant is identified in today’s charging document as “G.W.” Crum learned that G.W., along with G.W.’s attorney, were providing information about Crum to the FBI. Crum and other Mingo elected officials, including Thornsbury, conspired to protect Crum and to stop G.W. from informing to the FBI. They arranged to offer G.W. a favorable plea deal if he would fire his attorney, who was assisting G.W.’s communication with federal authorities, and replace him with an attorney chosen by Crum and the other elected officials.
In the face of this coercion, today’s charging document alleges, G.W. fired his attorney, which the officials involved believed would protect Crum from federal investigation and public embarrassment.
Today’s charge was filed in a court document known as an “information.” A defendant may be charged through an information only with the defendant’s consent, so the filing of an information often indicates that a defendant has agreed to cooperate with prosecutors.
The investigation is being conducted by the FBI and the West Virginia State Police. Counsel to the United States Attorney Steven Ruby and Assistant United States Attorney Haley Bunn are handling the prosecution.
Note: An information is only a charge and is not evidence of guilt. A defendant is presumed innocent and is entitled to a fair trial at which the government must prove guilt beyond a reasonable doubt.
Click here to view a copy of the information
Former Mingo Pill Mill Office Manager Sentenced to Prison TimeRead the Press Release
CHARLESTON, W.Va. – Myra Sue Miller was sentenced today to six months in federal prison for her role in operating a former Mingo County-based pill mill, U.S. Attorney Booth Goodwin announced. Miller, 50, of South Williamson, Ky., previously pleaded guilty in March to misusing a Drug Enforcement Administration (DEA) registration number that did not belong to her. Miller’s sentence was handed down today by United States District Judge John T. Copenhaver, Jr. in federal court in Charleston.
U.S. Attorney Goodwin said, “Every time we put a pill dealer out of business or shut down a pill mill, it’s a big step toward getting this problem under control.”
In February 2010, Miller used the DEA registration number assigned to former Mingo County doctor William F. Ryckman to illegally distribute the painkiller hydrocodone, as well as the prescription drug alprazolam, also known as “Xanax.” Miller was the office manager at Mountain Medical, formerly located in Williamson, W.Va. The clinic was Dr. Ryckman’s primary medical practice at the time.
Dr. Ryckman, 66, was convicted in March 2012 of conspiracy to misuse a DEA registration number and sentenced to six months in prison followed by one year of supervised release.
During the scheme, on February 17, 2010, Miller faxed several blank “doctor’s lists” from Ryckman’s Williamson office to Dr. Ryckman, who was residing in Pennsylvania. To further the scheme, Ryckman signed and faxed the lists and sent them back to Miller at his office in Mingo County. With Ryckman’s authorization, the lists were improperly used to prescribe painkillers to people who were not evaluated or seen by a physician.
As the office manager, Miller directed individuals under her authority to fill in blank doctor’s lists with information that included patients' names, prescription type, strength, and quantity. The lists were then faxed to local pharmacies in order to be filled and dispensed. Miller also admitted that while Dr. Ryckman was absent from his Williamson office on February 18 and 19, 2010, she accepted cash fees from individuals who arrived at Mountain Medical. She later directed individuals to one of at least two pharmacies located in Mingo County to obtain prescriptions for hydrocodone and Xanax.
At sentencing, the Court ordered Miller to pay a $5,000 fine. Miller was also sentenced to one year of supervised release.
Miller agreed to forfeit her interest in the clinic building and personal assets totaling $475,823.75.
This case was investigated by the Drug Enforcement Administration, the West Virginia State Police, the Department of Health and Human Services – Office of Inspector General, and the FBI. Assistant United States Attorney John Frail handled the prosecution.This case was prosecuted as part of an ongoing effort led by the United States Attorney’s Office for the Southern District of West Virginia to combat the illicit sale and misuse of prescription drugs. The U.S. Attorney’s Office, joined by federal, state and local law enforcement agencies, is committed to aggressively pursuing and shutting down illegal pill trafficking, eliminating open air drug markets, and curtailing the spread of opiate painkillers in communities across the Southern District.
Putnam Man Sentenced to 18 Years in Federal Prison for Illegal Oxycodone DistributionRead the Press Release
HUNTINGTON, W.Va. – A 50-year-old Putnam County man was sentenced today to 18 years in prison for selling powerful prescription painkillers, announced U.S. Attorney Booth Goodwin. Terry Lee Hagan, of Culloden, W.Va., previously pleaded guilty in August to distribution of oxycodone. Hagan’s sentence was handed down today by Chief United States District Judge Robert Chambers in federal court in Huntington.
An extensive criminal record and a history of numerous drug sales combined to produce Hagan’s lengthy sentence.
On May 29, 2012, Hagan sold 4 30-milligram and 2 15-milligram oxycodone pills to a confidential informant working in cooperation with law enforcement authorities in exchange for $225. The illegal pill transaction took place at Hagan’s Culloden residence.
Hagan admitted that he was responsible for numerous other illegal oxycodone distribution transactions that took place in and around the Southern District of West Virginia.
Hagan was previously convicted of five felonies between May 1981 and April 2012 in the Circuit Court of Common Pleas, Cuyahoga County, Ohio.
The investigation was conducted by the Bureau of Alcohol, Tobacco, Firearms and Explosives. Assistant United States Attorney Gregory McVey handled the prosecution.
This case was prosecuted as part of an ongoing effort led by the United States Attorney’s Office for the Southern District of West Virginia to combat the illicit sale and misuse of prescription drugs. The U.S. Attorney’s Office, joined by federal, state and local law enforcement agencies, is committed to aggressively pursuing and shutting down illegal pill trafficking, eliminating open air drug markets, and curtailing the spread of opiate painkillers in communities across the Southern District.
Ex-Read the Press Release
CLAY COUNTY SHERIFF PLEADS GUILTY TO FEDERAL WIRETAPPING CHARGE
Former Sheriff Miles Slack Secretly Intercepted Communications from Ex-Wife’s Supreme Court Computer
CHARLESTON, W. Va. – Former Clay County Sheriff Miles J. Slack pleaded guilty today to illegal wiretapping, a federal felony, U.S. Attorney Booth Goodwin announced. Appearing today in federal district court, Mr. Slack, who resigned as sheriff last Friday as part of his plea agreement with Goodwin, admitted to surreptitiously installing a keystroke logger on a computer belonging to the Supreme Court of Appeals of West Virginia.
The compromised computer was a government computer assigned to Mr. Slack’s then wife, Lisa Slack, who works in the office of a Clay County magistrate. Computers in the offices of circuit judges and magistrates throughout West Virginia are owned and maintained by the state’s Supreme Court, and are connected to a central Supreme Court computer network.
Mr. and Ms. Slack were in the midst of a divorce when he illegally tapped her computer. Mr. Slack admitted that he intended to monitor his ex-wife’s activity on the computer, including messages she sent through Internet chat and e-mail programs. He said he also wanted to capture his ex-wife’s usernames and passwords for various Internet services. Mr. Slack acknowledged that the wiretap device he installed captured everything that was typed on his ex-wife’s computer, including information about court business and the personal information of defendants in Clay County magistrate court.
Mr. Slack installed the hidden device in late April of this year and it remained in place for over two weeks.
“It’s a shame that Clay County’s chief law enforcement officer chose to illegally tap a government computer,” said U.S. Attorney Goodwin. “Our elected officials and law enforcement officers have to respect the law like everyone else. If they don’t, there are consequences.”“These days, it seems like every detail of our lives is being bounced around the world on computer networks,” Goodwin continued. “Imagine learning that someone was secretly monitoring everything you did on your own computer, without any legal authority. It’s a very serious breach of privacy. That’s why the laws against wiretapping are so important.”
Keystroke logging devices can be purchased from a number of Internet-based sellers. The devices, usually one to two inches long, are attached to a computer’s keyboard cable. Once installed, they can intercept everything typed on the keyboard, including email and information transmitted to Internet sites.
Because the devices are unobtrusive and normally hidden behind the computer targeted for surveillance, they can go undetected for long periods of time. Though small in size, some keystroke loggers can store two gigabytes of information, enough to record more than a billion keystrokes.Slack served as a Clay County deputy sheriff for around 16 years. In early 2012, while acting as chief deputy for the Clay County Sheriff’s Department, Slack announced he was running for sheriff. Then-Sheriff Randy Holcomb, however, quickly demoted Slack to the rank of sergeant, a move that threatened Slack’s election bid. Under West Virginia civil service laws, deputy sheriffs other than the chief deputy may not run for public office. In order to remain in the race, Slack resigned from the department and became Chief of Police for Clay, West Virginia, the county seat of Clay County.
In the May 2012 primary election, Slack soundly defeated two other candidates for the Democratic nomination for sheriff, receiving nearly 78% of the vote. He ran unopposed in the November 2012 general election and took office January 1, 2013. Slack’s first projects as sheriff included expanding evening patrols and seeking funding for a new home confinement officer.
The case is being investigated by the Federal Bureau of Investigation and the West Virginia State Police, with assistance from the Supreme Court of Appeals of West Virginia. The prosecution is being led by Counsel to the United States Attorney Steven Ruby.
Slack faces up to five years in prison when he is sentenced on December 19, 2013 by United States District Judge John T. Copenhaver, Jr.
Click here to view a copy of the plea agreement
Pennsylvania Pill Dealer Pleads Guilty to Federal Oxycodone Possession ChargeRead the Press Release
MDENT agents found prescription pain pills, firearms and cash at ‘stash houses’ during investigation
CHARLESTON, W.Va. – A 31-year-old Allentown, PA, man pleaded guilty to his role in an illegal oxycodone distribution scheme in Charleston, announced U.S. Attorney Booth Goodwin. Walter Parris, also known as “Panna,” pleaded guilty today to aiding and abetting the possession with intent to distribute a quantity of oxycodone and alprazolam, also known as “Xanax.”
On April 29, 2012, members of the Metropolitan Drug Enforcement Network Team (MDENT) executed a search warrant on 723 Garvin Street located in Charleston, based on officers’ probable cause that prescription pills were being sold out of the residence. During the execution of the search warrant, agents spotted Parris and several of his associates at 721 ½ Garvin Street, a nearby residence. Parris was taken into police custody based on an outstanding warrant for his arrest. Police later conducted a search of the residence and found a set of luggage that belonged to Parris. A search of the luggage revealed a loaded .25 caliber pistol with a chambered round and numerous paper documents bearing Parris’ name.
Using several investigative leads, agents determined that Parris and his associate used the 723 Garvin Street residence to distribute their pills but maintained a “stash house” to store their prescription pain pills at 818 West Avenue in Charleston. MDENT agents also discovered that a door key, found in Parris’ associate’s pocket at the time of his arrest, matched the bottom and top lock for the 818 West Avenue residence. A search warrant was executed on that residence. Police found a .45 caliber pistol, $3,740 cash, 520 Xanax pills, 93 oxycodone pills, marijuana and paper documents linked to Parris.
Parris faces up to 20 years in prison and a $1 million fine when he is sentenced on December 18, 2013 by United States District Judge John T. Copenhaver, Jr.
This case was prosecuted as part of an ongoing effort led by the United States Attorney’s Office for the Southern District of West Virginia to combat the illicit sale and misuse of prescription drugs. The U.S. Attorney’s Office, joined by federal, state and local law enforcement agencies, is committed to aggressively pursuing and shutting down illegal pill trafficking, eliminating open air drug markets, and curtailing the spread of opiate painkillers in communities across the Southern District.
This case was also brought as part of Project Safe Neighborhoods. Project Safe Neighborhoods is a nationwide commitment to reduce gun crime in the United States by networking existing local programs targeting gun crime.
The investigation was conducted by MDENT. Assistant United States Attorney Monica D. Coleman is in charge of the prosecution.
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Huntington Woman Gets Prison Time for Heroin Distribution SchemeRead the Press Release
HUNTINGTON, W.Va. – A 30-year-old woman was sentenced to 21 months in prison today for her role in a heroin distribution scheme, announced U.S. Attorney Booth Goodwin. Ashlei Steinbrecher, of Huntington, previously pleaded guilty to aiding and abetting the distribution of heroin.
On January 23, 2013, Steinbrecher arranged a heroin transaction between co-defendant Alvaro J. Jaime Jr. and what determined to be a Drug Enforcement Agent (DEA) agent working undercover. Steinbrecher and Jaime met the undercover DEA agent at a predetermined location in Chesapeake, Ohio. Jaime, who at the time indicated that he did not have enough heroin to complete the transaction, directed Steinbrecher and the undercover agent to a second location in Huntington, where they met with another heroin dealer. After arriving in Huntington, Jaime met the heroin dealer in the parking lot of a Huntington-area restaurant. Jaime obtained approximately four grams of heroin from his source of supply. Afterward, Jaime distributed the heroin to an undercover DEA agent in exchange for $600. Steinbrecher received $200 in pre-recorded U.S. currency as payment for her role in the transaction. The transaction was recorded by law enforcement authorities using audio and video surveillance.
Steinbrecher also arranged illegal heroin transactions on January 29, 2013 and in February 2013 and received cash payments for her participation.
Alvaro F. Jaime, Jr., 29, of Chesapeake, Ohio, was sentenced last week to 46 months in federal prison for selling heroin.
The DEA and Huntington Police Department conducted the investigation. Assistant United States Attorney Gregory McVey handled prosecution.
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Huntington Crack Cocaine Dealer Sentenced to 14 Years in Federal PrisonRead the Press Release
Michael Lashawn Johnson admits distributing nearly 2 kilos of crack cocaine
HUNTINGTON, W.Va. – Michael Lashawn Johnson, also known as “Spank,” of Huntington, was sentenced today to 14 years in prison for selling crack cocaine, announced U.S. Attorney Booth Goodwin. The sentence was handed down by Chief United States District Judge Robert C. Chambers in federal court in Huntington. Johnson, 34, previously pleaded guilty to conspiracy to distribute 280 grams or more of crack cocaine.
Johnson sold crack cocaine during a conspiracy that began as early as 2006. During the scheme, Johnson obtained crack cocaine and powder cocaine from Columbus and brought it back to Huntington to sell. Johnson was a frequent source of supply of crack cocaine to other drug dealers in and around Huntington.
On December 6, 2010, Johnson’s vehicle was stopped along State Route 104 by members of the Ohio State Highway Patrol. During the traffic stop, an Ohio Highway Patrol police dog performed a search on the defendant’s vehicle. The vehicle search revealed $33,000 in cash. On April 13, 2011, members of the Huntington Violent Crime and Drug Task Force used a confidential informant to conduct a controlled purchase of crack cocaine from Johnson. The defendant later sold 10.9 grams of crack cocaine to the police informant in exchange for $700. On February 7, 2013, an arrest warrant was issued for Johnson. Police arrested Johnson at his Huntington residence. At the time of his arrest, police also found items consistent with the production of crack cocaine inside Johnson’s residence, along with a .40 caliber semi-automatic pistol.
In total, Johnson is responsible for distributing approximately two kilograms of crack cocaine.
This case was investigated by the Huntington Violent Crime and Drug Task Force. Assistant United States Attorney Gregory McVey handled the prosecution.
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Goodwin Announces California Man Sentenced to 7+ Years in $122 Million Extortion PlotRead the Press Release
Vivek Shah threatened to kill family members of seven wealthy extortion targets
BECKLEY, W.Va. - U.S. Attorney Booth Goodwin today announced that Vivek Shah, 26, of West Hollywood, Calif., was sentenced to 7 years and 3 months in federal prison for orchestrating a multimillion-dollar extortion scheme. Last year, Shah threatened to kill family members of seven prominent victims, including movie producer Harvey Weinstein, Groupon co-founder Eric Lefkofsky, and coal executive Chris Cline, unless his targets wired tens of millions of dollars into offshore bank accounts.
"Imagine how terrifying it would be to open the mail and find a threat to kill your spouse or your children," said U.S. Attorney Booth Goodwin. "This defendant carried out a carefully planned scheme designed to frighten his victims out of more than $120 million. It was an extraordinarily brazen crime, and I'm pleased, for the victims' sake, that we were able to put a stop to it so quickly."
Shah’s other victims included oil and gas billionaire Terry Pegula, from whom he demanded $34 million; Playtone film company co-owner Gary Goetzman, from whom he demanded $9.6 million; Ryan Kavanaugh, founder of Relativity Media, from whom Shah demanded $11.3 million; and Dannine Avara, daughter of a prominent Texas oil-industry executive, from whom Shah demanded $35 million.Shah demanded $4 million from Weinstein, $16 million from Lefkofsky and $13 million from Cline. His demands totaled more than $122 million.
Shah sent letters threatening specific family members of his victims by name and used language carefully designed to persuade his targets that his threats were serious.
Shah used various means to avoid detection during the scheme by creating false identities. He fraudulently opened financial accounts in his victims' names. Shah also made purchases using prepaid debit cards that he registered under aliases. To avoid being traced when he committed criminal acts using his computer, he sought out anonymous, public Internet hotspots; altered the address associated with the computer's network card; and routed his Internet communications through special servers that disguise users' identities. He also created numerous accounts with the U.S. Postal Service under false names.
Shah was arrested by FBI agents on August 10, 2012 in Schaumberg, Ill.
This investigation was conducted jointly by the Federal Bureau of Investigation’s Pittsburgh, Los Angeles, and Chicago divisions, and the United States Postal Inspection Service.
Counsel to the United States Attorney Steve Ruby handled the prosecution.
Click here to listen to an audio clip provided by U.S. Attorney Booth Goodwin
Goodwin Announces Former Massey Executive Sentenced to 42 Months in Prison for Federal Mine Safety ViolationsRead the Press Release
Longtime Massey division president is highest-ranking official convicted in ongoing federal investigation; Sentence is one year above the top of federal advisory guidelines range
BECKLEY, W.Va. – United States Attorney Booth Goodwin today announced that a longtime Massey Energy Company executive was sentenced to 42 months in prison followed by 3 years of supervised release for two federal crimes in connection with an ongoing investigation of practices at Massey. David Hughart, 54, of Crab Orchard, West Virginia, is the former president of Massey’s Green Valley Resource Group and the highest-ranking official to be convicted in the ongoing federal investigation. Hughart’s sentence is one year above the top of federal advisory guidelines range. Hughart previously pleaded guilty in February to two federal charges: conspiracy to impede the Mine Safety and Health Administration (MSHA) and conspiracy to violate mine health and safety laws.
“Mine safety laws exist to protect the health and safety of coal miners. When those laws are broken, miners' lives are put in danger. That's absolutely intolerable," said U.S. Attorney Booth Goodwin. "This prosecution reiterates the message that mine safety laws are never, ever optional."
Hughart admitted that he and others at Massey conspired to violate health and safety laws and to conceal those violations by warning mining operations when MSHA inspectors were arriving to conduct mine inspections.
Hughart is the highest-ranking mine official ever convicted of conspiracy to impede MSHA or conspiracy to violate mine health and safety standards.
Coal mines in the United States are subject to an array of mandatory federal mine health and safety standards designed to prevent dangers such as explosions, roof collapses, and fires. MSHA conducts frequent, unannounced mine inspections to monitor compliance with those requirements. When MSHA inspectors find violations of health and safety requirements, mine owners are subject to monetary penalties and, in some cases, production shutdowns until violations are corrected.
The investigation was conducted by the Federal Bureau of Investigation, the Department of Labor Office of Inspector General, and the Internal Revenue Service's Criminal Investigation arm. Alpha Natural Resources, Inc., which acquired Massey’s operations in a June 2011 merger, is continuing to cooperate with the investigation.
The sentence was handed down by United States District Judge Irene C. Berger in federal district court in Beckley.
Counsel to the United States Attorney Steven Ruby handled the prosecution.
Two Corporate Execs Sentenced to Federal Prison in $630,000 Tax Evasion SchemeRead the Press Release
CHARLESTON, W.Va. – U.S. Attorney Booth Goodwin announced today that two top senior executives of an employment staffing agency that operated in West Virginia were sentenced to prison for failing to pay more than $630,000 in federal employment taxes. Daniel Hovis, owner and president of Career Search One, Inc., was sentenced to two years in prison. Hovis, 60, of Whittier, NC, previously pleaded guilty in May for failing to pay trust fund taxes to the Internal Revenue Service (IRS). The corporation’s vice president and director of counseling, Janice Hensley, 62, of Charleston, was sentenced today to one year and eight months in prison. Hensley also previously pleaded guilty in May to federal tax evasion.
The sentences were handed down by United States District Judge Thomas E. Johnston in Charleston. Hovis and Hensley together failed to pay more than $600,000 in federal employment taxes that were owed to the IRS.
From 2004 through the first quarter of 2010, Hovis and Hensley withheld trust fund taxes from many employees’ paychecks. The trust fund taxes were monies that were owed to the IRS. Hovis and Hensley each failed to report or pay over trust fund taxes that they had previously withheld from employees’ wages. Trust fund taxes are withheld federal income and Federal Insurance Contribution Act (“FICA”) taxes, which also include Social Security and Medicare taxes. Career Search One, Inc. only partially paid these taxes.
Career Search One, Inc. specialized in providing employees to client businesses for a fee. The corporation’s primary bookkeeping offices were based in Charleston and Wheeling, West Virginia. Hovis and Hensley both worked out of the Charleston location.
From 2004 through the first quarter of 2010, Hovis and Hensley failed to report and pay over approximately $630,158.94 in trust fund taxes to the IRS on behalf of Career Search One, Inc.’s employees. Instead, Hovis and Hensley used the monies for personal expenses. Both executives knew that the corporate funds should have been used for the payment of trust fund taxes.
At sentencing, the Court ordered the defendants to pay restitution in the amount of $630,158.94.
The Internal Revenue Service’s Criminal Investigative Division conducted the investigation. Assistant United States Attorney Meredith George Thomas handled the prosecutions.
Italian National Pleads Guilty to Illegal Reentry After Prior DeportationRead the Press Release
Francesco Gulino was arrested in April in Raleigh Co. for possessing heroin
BECKLEY, W.Va. – An Italian national who illegally reentered the United States after being previously deported pleaded guilty today in federal court in Beckley, announced United States Attorney Booth Goodwin. Forty-three-year-old Francesco Gulino, also known as “Frank Gulino,” of Italy, was indicted in June 2013 for the federal offense of aggravated reentry. Gulino had been previously convicted of attempted felonious assault in May 2009 in the Court of Common Pleas, Cuyahoga County, Ohio. Gulino was later deported from the United States on or about April 20, 2011. Sometime after April 20, 2011, Gulino illegally reentered the United States from Canada. Gulino had not obtained approval of the Secretary of Homeland Security to reapply for admission.
On April 20, 2013, Gulino was arrested by the West Virginia State Police in Raleigh County, W.Va., for possession with intent to deliver a controlled substance. In July 2013, Gulino was convicted in Raleigh County Circuit Court of possession with intent to deliver heroin.
Gulino faces up to 20 years in federal prison when he is sentenced in January 2014 by United States District Judge Irene C. Berger. The defendant will also face an administrative deportation proceeding after he discharges his federal sentence.
The U.S. Department of Homeland Security, assisted by the West Virginia State Police and the Raleigh County Prosecuting Attorney’s Office conducted the investigation. Assistant United States Attorney Erik S. Goes is handling the prosecution.
This case is being prosecuted as part of an ongoing effort led by the United States Attorney’s Office for the Southern District of West Virginia to combat the illicit sale and misuse of drugs. The U.S. Attorney’s Office, joined by federal, state and local law enforcement agencies, is committed to aggressively pursuing and shutting down illegal pill trafficking, eliminating open air drug markets, and curtailing the spread of opiate painkillers in communities across the Southern District.
Four Charged in Connection with Logan Arson InvestigationRead the Press Release
Defendants allegedly conspired to set blaze to Logan office building; collected more than $1 million in insurance proceeds
CHARLESTON, W.Va. – United States Attorney Booth Goodwin announced today that an indictment was unsealed today charging four people in connection with a Logan County arson investigation. A 36-count indictment was unsealed today, charging James Gregory Glick, Guy R. Miller, Shawn C. Simon and William Jamey Thompson with conspiracy to commit arson, conspiracy to commit mail and wire fraud. Glick, 44, of Logan, was also charged with obstruction of justice, unlawful monetary transactions, and structuring in connection with the alleged scheme.
The indictment was unsealed today following the arrest of Mr. Glick. According to the indictment, in November 2011, Glick allegedly arranged to have an office building located at 111 Stratton Street in Logan burned to collect more than $1 million in insurance proceeds. In late December 2011, the building was purchased by a known person for $45,000 prior to the alleged scheme. That person, in turn, immediately sold the property to Glick in early January 2012 purportedly for $50,000.
During the alleged scheme, Mr. Glick then paid co-defendant William Jamey Thompson, 44, an independent insurance agent from Chapmanville, approximately $75,000 to obtain a fraudulently-inflated $1 million insurance policy from General Star Indemnity Company (“General Star”) in connection with the scheme. On the night of February 1, 2012, the indictment alleges that Guy R. Miller, 39, of Logan, co-defendant Shawn C. Simon, 41, of Charleston, and another person worked together to set the fire. Miller, Simon, and another person set the fire by allegedly spreading gasoline throughout the main floor.
In addition, Thompson was charged with submitting a false and fraudulent property loss insurance claim on behalf of Mr. Glick to General Star, allowing Glick to collect more than $1 million in insurance proceeds, the indictment alleges.Also during the alleged scheme, Mr. Glick made illegal transactions of more than $10,000 from the Logan Bank & Trust (“LB&T”) on more than nine occasions. It is also alleged that Mr. Glick structured more than $170,000 in monies from accounts at LB&T during the conspiracy. “Structuring” involves the breaking down of cash transactions in amounts of $10,000 or less for the purpose of avoiding a financial institution’s reporting requirements to the Internal Revenue Service (IRS).
The West Virginia State Police and the IRS are conducting the investigation. Assistant United States Attorney Thomas Ryan is in charge of the prosecution.
An indictment is merely an accusation and the defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Click here to view a copy of the indictment
Former Logan Doctor Sentenced to Nearly 6 Years in Prison in Connection with Federal Pill-mill ProbeRead the Press Release
Makeshift doctor’s office lacked running water, exam table, and medical equipment
CHARLESTON, W.Va. –United States Attorney Booth Goodwin announced today that a former Logan County doctor was sentenced to five years and eleven months in prison for operating a Logan pill mill. Dr. Fernando Gonzales-Ramos, 47, previously pleaded guilty in May to conspiracy to distribute controlled substances without a legitimate medical purpose. The sentence was handed down by United States District Judge John T. Copenhaver, Jr. in Charleston.
“Dr. Gonzales-Ramos wasn’t operating a doctor’s office, he was running a drug den,” said U.S. Attorney Goodwin. “His so-called office had no exam table, no running water, and not even so much as a stethoscope. For thousands of dollars in cash, he was pumping out prescriptions for thousands of units of powerful narcotics.”
“This pill mill did enormous harm across a wide swath of our state and beyond,” said Goodwin. “Doctors swear an oath to do no harm, so it’s especially tragic when someone uses his or her prescription-writing privileges to fuel our region’s worst crime problem. I hope these cases send a message: There are consequences if you abuse your prescription power.”
“The vast majority of physicians prescribe responsibly,” Goodwin continued, “but even a handful of bad doctors can flood our communities with illegal pills. Every time we put a law-breaking doctor out of business, it’s a big step toward getting this problem under control.”
Gonzales-Ramos, who practiced medicine in Logan before moving to Texas in July 2011, began making trips from Texas to West Virginia approximately every three months to operate a cash-only business in Logan. At the time, Gonzales-Ramos also hired a commercial security guard who was armed with a firearm to protect his phony Logan County office. Law enforcement agents also determined during an investigation that the office lacked an exam table, running water and medical equipment.
On March 2, 2013, an individual cooperating with the FBI entered the building that Gonzales-Ramos used as an office and paid $450 cash in exchange for a prescription for the painkiller hydrocodone. Prior to obtaining the prescription, the cooperating individual had not been examined or questioned by anyone. The cooperating individual obtained the prescription from Gonzales-Ramos’s office in less than three minutes.
On March 3, 2013, law enforcement agents executed a search warrant on the building located at 2130 Old Logan Road in Logan. During the execution of the warrant, agents found several individuals waiting inside to get written prescriptions for controlled substances from Gonzales-Ramos.
From September 2011 through March 3, 2013, Gonzales-Ramos ran a cash-only business at the Logan County office where he charged patients $450 for Schedule III controlled substance prescriptions and $500 for Schedule II controlled substance prescriptions. After collecting the cash payments, Gonzales-Ramos directed an associate to make cash deposits into his personal bank accounts. On March 3, 2013, Gonzales-Ramos directed his associate to make two cash deposits of $9,000 and $9,975 into his personal bank accounts.
As part of his plea agreement, Gonzales-Ramos agreed to surrender his Drug Enforcement Administration Certificate of Registration.
The investigation was conducted by the FBI, the U.S. 119 Drug Task Force, the West Virginia State Police, and the Logan County Sheriff’s Department. Assistant United States Attorney Steven Loew handled the prosecution.
This case was prosecuted as part of an ongoing effort led by the United States Attorney’s Office for the Southern District of West Virginia to combat the illicit sale and misuse of prescription drugs. The U.S. Attorney’s Office, joined by federal, state and local law enforcement agencies, is committed to aggressively pursuing and shutting down illegal pill trafficking, eliminating open air drug markets, and curtailing the spread of opiate painkillers in communities across the Southern District.
Click here to listen to an audio clip from U.S. Attorney Goodwin
Goodwin Charges Three More in Connection with Alpha False Billing SchemeRead the Press Release
Seven defendants charged to date in ongoing fraud investigation at Massey legacy mines
CHARLESTON, W.Va. – U.S. Attorney Booth Goodwin today announced additional charges in connection with a major false billing scheme orchestrated by former employees of Alpha Natural Resources (“Alpha”) and certain companies that provided supplies, equipment, and services to Alpha. Three individuals were charged today: Ricky R. Smith, of 49, Glen Daniels, James Rodger Long II, 34, of Beckley, and Harold Wayne Brown, II, 41, of Madison, W.Va.
Smith and Long, both former local “sourcing agents” for Massey Energy (“Massey”) legacy mines, have been charged by information with wire fraud and aiding and abetting. Brown, a former Alpha underground maintenance chief, was charged with making a false statement to federal authorities in connection with the false billing scheme. All three have agreed to plead guilty and are cooperating with the ongoing investigation.
An ongoing investigation revealed that several mine sourcing agents, generally responsible for ordering goods and services for mining operations from Alpha suppliers, participated in an illegal scheme to obtain goods for their own personal benefit. The investigation further revealed that the sourcing agents, working in conjunction with the suppliers, hid numerous illegal transactions by creating false invoices.
According to court documents, on October 6, 2011, sourcing agent Ricky Smith submitted a false invoice for $16,500 to purchase a “duster” from a leading Alpha parts supplier, M&S Hydraulics. Court documents also revealed that in a similar scheme, James Long, working with co-conspirators, submitted a false invoice for equipment totaling $8,820 to M&S Hydraulics. The false invoices were intended to look like legitimate purchases, but were actually used to provide cash, gifts and other things of value to the sourcing agents and other Alpha employees.
In March, charges were filed against the owner of M&S Hydraulics, Donald Bryan Steele. Steele was charged with wire fraud and aiding and abetting in connection with the false billing scheme. Charges were also previously filed in March against co-conspirators Edward Ellis Mullins, 41, of Peytona, W.Va., Joey R. Phalin, 36, of Crab Orchard, W.Va., and Nicholas R. Coleman, 29, of Lester, W.Va. Mullins, Phalin and Coleman are all former sourcing agents for Massey Energy (“Massey”) legacy mines. Each defendant was charged by information with wire fraud and aiding and abetting. All four defendants have agreed to plead guilty and are cooperating with the ongoing investigation.
Mullins was employed as the sourcing agent for the Shonk Powellton #1 mine, operated by the Elk Run Coal Company, an Alpha subsidiary. Around November 2011, Mullins approached a supplier, who generally provided tires, wheels and other vehicle-related materials to Massey and now Alpha, about supplying him and other Alpha employees tires and wheels for their personal vehicles. In exchange, Mullins agreed to allow the tire seller to submit false invoices for payment to Alpha reflecting that tires used in the mining operations had been delivered. For its participation, the tire seller was told to “pad” the false invoice. The tire seller immediately provided this information to Alpha corporate security, who, in turn, contacted the FBI and West Virginia State Police. A criminal investigation revealed that not only Mullins, but other sourcing agents, including Phalin and Coleman, who were employed by another Alpha subsidiary, Marfork Coal Company, were also engaged in the false billing scheme.
Through the sourcing agents’ cooperation and other information, law enforcement agents have identified other conspirators linked to the widespread false-billing scheme.
Mullins, Phalin, Coleman and Steele each face up to 20 years in prison and a $250,000 fine.
Smith and Long each face each face up to 20 years in prison and a $250,000 fine. Brown faces up to five years in prison and a $250,000 fine.
The investigation was conducted by the FBI and the West Virginia State Police with cooperation from Alpha Natural Resource’s internal security team. Assistant United States Attorney Thomas Ryan is in charge of the prosecutions.
In June 2011, Alpha Natural Resources finalized the purchase of Massey, including the mining divisions located along WV Route 3 in Boone and Raleigh counties.
Note: A sourcing agent refers to the individual located at each mine site who is responsible for ordering goods and services from vendors to ensure the continuation of mining operations.
Fayette Co. Pill Dealer Sentenced to Nearly 4 Years in Federal Prison for Selling OxycodoneRead the Press Release
Police also found 17 firearms, hundreds of marijuana plants at defendant’s residence
CHARLESTON, W.Va. – A Fayette County pill dealer who sold approximately 250 powerful prescription painkillers over a two-year period was sentenced today to three years and ten months in federal prison, announced U.S. Attorney Booth Goodwin. Vernon Peters III, 35, of Kincaid, Fayette County, W.Va., previously pleaded guilty in May to distribution of oxycodone. On March 20, 2012, Peters sold three 30-milligram oxycodone tablets to a police informant. The pill transaction occurred at the defendant’s Fayette County residence.
On March 19, 2012, members of the West Virginia State Police seized approximately 17 firearms and 236 marijuana plants from the defendant’s residence. A number of firearms at the residence were located in close proximity to the marijuana plants.
In total, Peters illegally sold approximately 250 30-milligram oxycodone pills in and around Fayette County.
The West Virginia State Police conducted the investigation. Assistant United States Attorney John File handled the prosecution. The sentence was imposed by United States District Judge John T. Copenhaver, Jr.
This case was prosecuted as part of an ongoing effort led by the United States Attorney’s Office for the Southern District of West Virginia to combat the illicit sale and misuse of prescription drugs. The U.S. Attorney’s Office, joined by federal, state and local law enforcement agencies, is committed to aggressively pursuing and shutting down illegal pill trafficking, eliminating open air drug markets, and curtailing the spread of opiate painkillers in communities across the Southern District.
Former Bookkeeper for Spencer, W.va.-based Oil and Gas Company Admits to Major Embezzlement SchemeRead the Press Release
Rosalie Seabolt stole more than $800,000 from Kimco, Inc.
CHARLESTON, W.Va. –A former bookkeeper for a Spencer-based oil and gas company who admitted embezzling more than $800,000 from her employer pleaded guilty today to a federal charge, announced United States Attorney Booth Goodwin. Rosalie J. Seabolt, 59, of Spencer, W.Va., pleaded guilty to mail fraud before United States District Judge John T. Copenhaver, Jr. in Charleston. Seabolt was employed at Kimco, Inc. and its related company, Roy G. Hildreth and Son, Inc. (“Hildreth”), for more than 25 years. During her employment at Kimco, Seabolt eventually became the company’s bookkeeper.
U.S. Attorney Booth Goodwin said, “Having nearly a million dollars wiped out of a bank account can create distress for practically any business, but it's especially significant to a small business. That's why my office has focused on investigating and prosecuting cases like these, to protect small businesses and to send a clear message that such conduct will not be tolerated in this district."
From approximately September 9, 2000 and continuing through December 24, 2012, during her employment at Kimco, Seabolt wrote numerous unauthorized checks to herself from the company’s bank account. During the scheme, Seabolt deposited and cashed these checks at her personal credit union. To prevent Kimco from discovering the unauthorized checks, Seabolt misleadingly indicated in Kimco’s books that the unauthorized checks were made to Hildreth as a business expense.
From at least 2000 through 2012, Poca Valley Bank mailed monthly bank statements to Kimco that included check images. Seabolt, who was in charge of reviewing the monthly bank statements, altered the statements by covering up the check images that revealed unauthorized checks she had written to herself. Also during the scheme, Seabolt destroyed portions of original bank statements the company had received from the bank.
On January 10, 2013, Seabolt told police that she had defrauded Kimco. In total, Seabolt took approximately $815,693.27 of monies from the company.
Seabolt faces up to 20 years in prison and a fine of up to $250,000 when she is sentenced on November 21, 2013.
The investigation was conducted by the FBI and the West Virginia State Police. Assistant United States Attorney Meredith George Thomas is in charge of the prosecution.
This case is being prosecuted as part of the United States Attorney’s Office for the Southern District of West Virginia’s Business Protection Initiative. U.S. Attorney Booth Goodwin announced the Business Protection Initiative in November 2010. Business protection is a primary initiative of the U.S. Attorney’s Office that focuses on prosecuting individuals who defraud West Virginia businesses.
Mingo Pedophile Who Produced Child Pornography Pleads Guilty to Federal ChargeRead the Press Release
Paul Jenkins left DVD that contained a video of child pornography inside rented computer
CHARLESTON, W.Va. – A 33-year-old Mingo County pedophile faces up to 30 years in prison after pleading guilty to production of child pornography, announced U.S. Attorney Booth Goodwin. Paul Silas Jenkins, of Williamson, pleaded guilty today in federal court before United States District Judge John T. Copenhaver, Jr. in Charleston.
U.S. Attorney Goodwin said, “Cases involving the exploitation of innocent children are so critical. This case underscores the fact that sexual exploitation remains a serious problem.” Goodwin continued, “My initiative to combat despicable acts of child sexual abuse will continue.”
Beginning some time in 2010 and December 2011, Jenkins established a relationship with a minor between the age of 12 and 16 years old. During that time, Jenkins persuaded the minor to perform sexual acts and then produced a video of the conduct. Jenkins copied the video containing child pornography onto a recordable DVD. The DVD was discovered inside a rented computer that was returned to a Rent-A-Center located in Pike County, Kentucky.
Jenkins is scheduled to be sentenced on November 20, 2013.
The FBI and the West Virginia Internet Crimes Against Children Task Force conducted the investigation. Assistant United States Attorney Jennifer Rada is in charge of the prosecution.
This case is being brought as part of U.S. Attorney Goodwin’s ongoing initiative to combat child sexual exploitation and abuse in the Southern District of West Virginia.
Federal Grand Jury Indicts Charleston Woman on Illegal Drug and Firearm Possession ChargesRead the Press Release
Three minor children in apartment that had three firearms, heroin
CHARLESTON, W.Va. – United States Attorney Booth Goodwin announced that a Charleston woman was indicted today by a federal grand jury in connection with illegal drug and firearm possession offenses. According to a three-count indictment, Chandra K. Ross, 29, allegedly possessed heroin with intent to distribute on July 18, 2013 near Charleston. The indictment also alleges that on July 18, 2013, Ross possessed three firearms during and in relation to a drug trafficking crime.
A third count in the indictment returned today by a federal grand jury in Charleston alleges that Ross knowingly possessed a .22 caliber revolver which had an obliterated serial number.
On July 18, 2013, police executed a search warrant on Ross’ Charleston apartment. According to the search warrant affidavit accompanying the criminal complaint, police found $26,825 in cash, over 100 grams of heroin and three handguns at the residence. Two of the handguns were previously reported stolen and another handgun had an obliterated serial number, the affidavit says. Police also recovered $1,701 in cash from Ross’ purse. The affidavit further says that at the time of the investigation, Ross shared the residence with her three minor children.
Ross faces a mandatory minimum of five years and up to life in prison and a $1,500,000 fine, if convicted.
The investigation was conducted by the Kanawha Bureau of Investigations. Assistant United States Attorneys Steven Loew is in charge of the prosecution.
The case is being brought as part of Project Safe Neighborhoods. Project Safe Neighborhoods is a nationwide commitment to reduce gun crime in the United States by networking existing local programs targeting gun crime.
Note: The charges contained in the indictment are merely accusations, and the defendant is presumed innocent unless and until proven guilty.
Click here to view the criminal complaint
Click here to view the indictment
Parkersburg Pedophile Pleads Guilty to Federal Child Pornography OffenseRead the Press Release
Jeffrey Kesterson had more than 600 images of child pornography on two computers
HUNTINGTON, W.Va. – United States Attorney Booth Goodwin announced that a Parkersburg pedophile faces up to 10 years in prison after pleading guilty today to a federal child pornography offense. Jeffrey E. Kesterson, 54, pleaded guilty to possession of child pornography today before Chief United States District Judge Robert C. Chambers in Huntington. On November 16, 2011, Kesterson possessed on his computers more than 600 pictures and videos of children having sex or performing sexual acts.
The child pornography was found on two of Kesterson’s computers after he downloaded it from the Internet. Kesterson received and shared child pornography using a peer-to-peer file sharing program called LimeWire, which allows Internet users to download files from other people’s computers around the world.
Kesterson is scheduled to be sentenced on November 18, 2013.
The West Virginia Internet Crimes Against Children Task Force and the Parkersburg Police Department conducted the investigation. Assistant United States Attorney Lisa Johnston is in charge of the prosecution.
This case is being brought as part of U.S. Attorney Goodwin’s ongoing initiative to combat child sexual exploitation and abuse in the Southern District of West Virginia.
Former Program Manager Pleads Guilty to Federal Charge in Connection with Diesel Fuel Theft at Military FacilityRead the Press Release
Matthew Brock illegally used a government-issued credit card to purchase thousands worth of fuel; sold an associate diesel belonging to Guard facility in Red House
HUNTINGTON, W.Va. – A former program manager pleaded guilty today in federal court in connection with a theft scheme that took thousands of dollars’ worth of diesel fuel from a military facility located in Putnam County, announced U.S. Attorney Booth Goodwin. Matthew Todd Brock, 42, of Hurricane, W.Va., pleaded guilty to theft of government property before United States District Judge Robert C. Chambers in Huntington.
Brock, who was hired in September 2010 as the program manager for the Naval Special Warfare Command (NSW) program in Red House, began using a government-issued credit card to make illegal fuel purchases. Beginning in February 2012 and continuing through March 2012, Brock illegally used the credit card to put fuel into his personal vehicle and family members’ vehicles. In total, Brock made approximately $5,619 in illegal fuel purchases using the credit card.
Additionally, beginning in May 2012, Brock began stealing diesel fuel from the NSW Ops Stock program in Red House and later sold the fuel to an acquaintance for $1 per gallon. Brock sold the stolen diesel fuel once or twice per week for approximately eight months. Over that time period, Brock illegally sold a total of nearly $15,000 in diesel fuel that he stole from the facility.
The NSW, a component of the U.S. Navy, contracted with the West Virginia National Guard to run its Operational Stock (Ops Stock) program to store and maintain equipment for naval operations at the Guard’s Combined Support Maintenance Shop facility in Red House. The equipment maintained by the National Guard as part of the Ops Stock program used diesel fuel.
In a related matter, Charles Raymond Franklin, 59, of Red House, W.Va., was charged in July in a three-count indictment for conspiring to steal and receive public property and conspiring to receive stolen government property. Franklin is alleged to have knowingly received approximately 196 gallons of diesel fuel that was stolen from the National Guard’s Combined Support Maintenance Shop on February 15, 2013.
Franklin faces up to five years on the receiving stolen property charge and up to 10 years in prison on each charge of conspiring to receive stolen government property, if convicted. Franklin also faces a $250,000 fine on each count.
Brock faces up to 20 years in federal prison and a $500,000 fine when he is sentenced on November 18, 2013.
The investigation was conducted by the FBI. Assistant United States Attorney Blaire Malkin is in charge of the prosecution.
Mingo County Judge Arrested for Framing Romantic Rival, Rigging Grand JuryRead the Press Release
Mingo County Commissioner Arrested for Extortion in Separate Case
CHARLESTON, W.Va. – Mingo County Circuit Judge Michael Thornsbury and County Commissioner David Baisden have been arrested on separate federal criminal charges, U.S. Attorney Booth Goodwin announced today. Thornsbury is charged with conspiring to have a romantic rival illegally arrested and manipulating a state grand jury to pursue criminal charges against the same romantic rival. Baisden is charged with using his office to illegally extort a discount from a Mingo County tire store. The charges against the officials are separate and were revealed in two different federal grand jury indictments unsealed today. This press release reflects allegations made in those indictments.
The Indictment of Judge Thornsbury
Judge Thornsbury is charged with conspiring to violate the constitutional rights of a victim identified as “R.W.,” who was the husband of Thornsbury’s secretary. In early 2008, the indictment alleges, Thornsbury began a romantic relationship with his secretary, identified as “K.W.,” which she broke off in June of that year. After K.W. ended the relationship, Thornsbury instructed a co-conspirator to plant illegal drugs underneath R.W.’s pickup truck and then arranged for police to stop R.W. and search for the drugs. The co-conspirator tasked with planting the drugs backed out of the plan at the last minute, thwarting Thornsbury’s scheme.
Thornsbury then tried a different approach, the indictment alleges. R.W. worked at a coal preparation plant, where newly mined coal was processed before shipping. One of the plant’s functions was to remove scrap metal that had fallen into the coal during mining. Thornsbury learned that R.W.’s supervisors had given him permission to salvage scrap items, including drill bits, that were found amid coal at the plant, which were simply discarded if R.W. did not collect them.
Thornsbury secretly instructed a West Virginia state trooper to file a criminal complaint that falsely alleged R.W. was stealing the scrap material from his employer. The trooper resisted, telling Thornsbury that R.W. was allowed to salvage the scrap, but ultimately yielded to Thornsbury’s demands, filing a false criminal complaint that led to R.W.’s arrest for grand larceny in December 2008.
In January 2009, a new Mingo County grand jury was empanelled, and Thornsbury decided to use it to pursue his campaign against R.W. As the county’s sole circuit judge, Thornsbury was empowered to choose the foreperson of the new grand jury. He selected Jarrod Fletcher, Mingo County’s Director of Homeland Security and Emergency Management, with whom Thornsbury co-owned a commercial real estate business and a wine shop.
By installing Fletcher as grand jury foreperson, Thornsbury was able to secretly co-opt the grand jury’s authority and use it to victimize R.W. In January 2009, Thornsbury created a set of purported grand jury subpoenas that ordered various local companies, including R.W.’s employer, to surrender private documents concerning R.W. He had Fletcher sign these purported subpoenas and send them out in the name of the grand jury. Thornsbury planned to ultimately use the grand jury to charge R.W. criminally.
In March 2009, one of the recipients of Thornsbury’s so-called subpoenas, identified in the indictment as “DBC, Inc.,” asked for more time to respond. Thornsbury entered a court order denying that request, without disclosing that he himself had ghostwritten the subpoena or that he was disqualified from any participation in the criminal case against R.W.Most of the companies targeted by Thornsbury’s subpoenas handed over the documents demanded, believing that the subpoenas were legitimate. DBC, Inc., however, waged a legal battle against the subpoena it received and eventually discovered the deep business ties between Thornsbury and Fletcher. When DBC, Inc., publicly revealed those ties in a court filing, Thornsbury was forced to abandon his plan to use the grand jury against R.W.
Several years later, in 2012, R.W. was involved in an argument outside a convenience store with two other men. One of the men took a swing at R.W., and the other one drew a gun. The police were called, and the two other men were charged with assault.
Nearly a month after the altercation, however, the charges against the two other men were dismissed and R.W. was charged with assault and battery. Thornsbury, through a messenger, told the county prosecutor to ensure that R.W. received a sentence of six months’ confinement, an extraordinarily harsh punishment even if R.W. had been guilty. Prosecutors in turn offered R.W. a plea agreement that would have confined him for six months. R.W. refused it, and on the eve of trial, the prosecutor dismissed the case, stating that after reviewing the evidence against R.W., he believed the prosecution was not in the interest of justice.
The indictment charges Thornsbury with conspiring to violate R.W.’s right against unreasonable arrest, guaranteed by the Fourth Amendment to the U.S. Constitution, and his right not to be deprived of his liberty without due process of law, guaranteed by the Fourteenth Amendment. The indictment also charges that Thornsbury conspired against the companies targeted by the purported grand jury subpoena, specifically, against their Fourteenth Amendment right not to be deprived of their property without due process of law.Thornsbury, 57, has served as Mingo County’s sole circuit judge since 1997.
The Indictment Against County Commissioner Baisden
County Commissioner David Baisden is charged with attempted extortion against Appalachian Tire. According to the indictment against him, in June 2009, Baisden demanded that Appalachian Tire sell him a set of tires for his personal automobile at a special discounted price available only for government vehicles. When Appalachian Tire refused, Baisden threatened to cut off Appalachian’s county business if he did not get the discount. At the time, Baisden was the Mingo County Commission’s purchasing agent, giving him authority to choose where the county bought tires, and the commission bought thousands of dollars’ worth of tires from Appalachian every year.
Despite the threat, Appalachian refused to give Baisden the special price he demanded. In retaliation, Baisden terminated the commission’s business relationship with Appalachian Tire and switched to a different tire supplier. Since June 2009, Appalachian Tire has lost tens of thousands of dollars in business as a result of Baisden’s reprisal.
Baisden, 66, has been a member of the Mingo County Commission since 2009. Prior to his election as a county commissioner, he was Mingo County’s assessor.
The Federal Bureau of Investigation and the West Virginia State Police are conducting the investigation.
Counsel to the United States Attorney Steven Ruby is in charge of the prosecution.
An indictment is merely an accusation and the defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Click here to view a copy of the Thornsbury indictment
Click here to view a copy of the Baisden indictment
Wyoming Couple Sentenced to A Total of 17 Years’ Prison on Oxycodone Distribution and Money Laundering ChargesRead the Press Release
Couple received thousands of pain pills by mail from Florida; deposited more than $300,000 in bank as payment
BECKLEY, W.Va. – A Wyoming County couple was sentenced to a total of 17 years in federal prison for conspiracy to distribute oxycodone and money laundering charges, announced U.S. Attorney Booth Goodwin. Christopher Brooks, 36, was sentenced to ten years in prison. Brooks’ co-defendant and wife Jennifer Brooks, 29, both of Glen Fork, Wyoming County, was sentenced to seven years in prison. The sentences were handed down today by United States District Judge Irene C. Berger in Beckley. Both defendants previously pleaded guilty in February.
From at least March 2010 until April 27, 2012, Mr. and Ms. Brooks received packages by mail containing oxycodone from a known individual located in Tampa, Fla. Mr. and Ms. Brooks received at least 130 express mail packages containing approximately 17,000 30-milligram oxycodone tablets between October 15, 2010 and April 27, 2012. Mr. and Ms. Brooks deposited at least $300,000 cash into bank accounts that were owned and controlled by a known individual in exchange for the oxycodone tablets.
In a related matter, Keith Keiffer, 32, of Calvin, Nicholas County, was sentenced last month to four years in federal prison for his role in an oxycodone distribution and money laundering scheme. During the scheme, Keiffer received at least 15 express mail packages that contained a total of approximately 1,400 30-milligram oxycodone tablets from an individual located in Tampa, Fla. In exchange for the oxycodone tablets, Keiffer deposited at least $30,000 into bank accounts that were owned and controlled by his pill source of supply.
The Southern Regional Drug and Violent Crime Task Force, the U.S. Postal Inspection Service, the Internal Revenue Service - Criminal Investigation, the Drug Enforcement Administration and the Wyoming County Sheriff’s Department conducted the investigations. Assistant United States Attorney Haley Bunn handled the prosecutions.
The cases were prosecuted as part of an ongoing effort led by the United States Attorney’s Office for the Southern District of West Virginia to combat the illicit sale and misuse of prescription drugs. The U.S. Attorney’s Office, joined by federal, state and local law enforcement agencies, is committed to aggressively pursuing and shutting down illegal pill trafficking, eliminating open air drug markets, and curtailing the spread of opiate painkillers in communities across the Southern District.
Charleston Felon Who Purchased A Stolen Pistol Pleads Guilty to Federal ChargeRead the Press Release
CHARLESTON – A Charleston man pleaded guilty in federal court to possession of a stolen firearm, announced U.S. Attorney Booth Goodwin. Brian M. Smith, 30, illegally purchased a Kel Tec 9-millimeter pistol from a person on December 2, 2009. Smith pleaded guilty today before United States District Judge Thomas E. Johnston in Charleston.
Smith purchased the firearm in exchange for $100. The illegal firearm transaction took place at Smith’s Charleston residence. Smith knew or had reasonable cause to believe that the pistol was stolen. On December 3, 2009, Smith was approached by law enforcement officers at an automotive parts store located in Charleston. Police conducted a search of Smith and found the 9-millimeter pistol on his person.
Smith was previously convicted of three counts of burglary in October 2005 in the Circuit Court of Kanawha County. He did not have his rights to possess a firearm restored.
Smith faces up to 10 years in prison and a $250,000 fine when he is sentenced in November.The investigation was conducted by the Charleston Police Department, with assistance by the Bureau of Alcohol, Tobacco, Firearms and Explosives. Assistant United States Attorney Erik S. Goes is in charge of the prosecution.
This case is being brought as part of Project Safe Neighborhoods. Project Safe Neighborhoods is a nationwide commitment to reduce gun crime in the United States by networking existing local programs targeting gun crime.
Charges Filed Against Employee Leasing Firm Aracoma Contracting, Llc for Structuring Millions in Cash Out of Bank of MingoRead the Press Release
Company involved in scheme to bilk BrickStreet Mutual Insurance out of millions in insurance premiums also structured over $2 million in cash out of Bank of Mingo
CHARLESTON, W.Va. – An information was filed today alleging that a Williamson employee leasing firm, Aracoma Contracting, LLC (“Aracoma”), structured cash withdrawals from the company’s bank accounts held at the Bank of Mingo. In March 2013, Aracoma’s principals, Jerome Edward Russell, 50, of Williamson, W.Va., and Frelin R. Workman, 58, of Belfry, KY, pled guilty to their involvement in an honest services mail fraud scheme to defraud BrickStreet Mutual Insurance (BrickStreet) of insurance premiums and tax evasion. Today’s charges, filed against the corporation, allege that Aracoma generated the cash to bribe the BrickStreet auditor, Arville Sargent, 52, of Chapmanville, and pay employees cash wages was generated by structuring monies from accounts held at Bank of Mingo. “Structuring” involves the breaking down of cash transactions in amounts of $10,000 or less for the purpose of avoiding a financial institution’s reporting requirements to the Internal Revenue Service (IRS).
Acting on behalf of Aracoma, Russell and Workman formed a longstanding relationship with the Bank of Mingo, and, particularly, one of its employees at the bank’s Williamson branch. From January 2009 through April 2012, Aracoma, through its representatives including Russell and Workman, structured at least $2.2 million out of Bank of Mingo. Russell and Workman also enlisted the assistance of a number of individuals who agreed to appear at the Williamson branch of Bank of Mingo and cash cashier’s checks.
The cash from the bank withdrawals was later brought back to Aracoma’s office to be used to pay cash payroll.
During the scheme, Aracoma sent advance forms to the Williamson branch of Bank of Mingo prior to the structured cash withdrawals, so the bank could prepare the cash ahead of time. Bank of Mingo would then prepare cashier’s checks in the names of the identified individual or individuals and pre-count the requested cash. When an individual or individuals from Aracoma appeared at a Bank of Mingo teller window, a bank representative presented them with the cashier’s check in the individual’s name. The check was immediately endorsed and the individual was given the pre-counted cash.
Despite numerous occasions when multiple individuals appeared at the same teller window at the Williamson branch of Bank of Mingo to endorse cashier’s checks that exceeded $10,000 on Aracoma’s line of credit, Bank of Mingo routinely failed to file a currency transaction report, as required by law.
An investigation determined that the cash structured out of Bank of Mingo by Aracoma was used to pay the company’s payroll in cash, therefore avoiding the payment of employment taxes and also to make bribe payments to a former BrickStreet field auditor, Arville Sargent.Sargent, 52, of Chapmanville, previously pleaded guilty in March to honest services mail fraud and tax evasion. As a field auditor, Sargent purposely allowed four “employee leasing” companies, including Aracoma, to falsify documents drastically understating their actual payroll. In exchange for saving those policyholders millions of dollars in insurance premiums rightfully owed to BrickStreeet, Sargent accepted hundreds of thousands of dollars in cash bribes and other things of value, including a Yamaha Rhino all-terrain vehicle.
Russell and Workman each face up to 25 years in prison and a $500,000 fine when they are sentenced on August 22, 2013.
Sargent faces up to 25 years in prison and a $500,000 fine when he is sentenced on August 28, 2013.
The FBI, the IRS, the West Virginia State Police and the West Virginia Insurance Commission conducted the investigations. This investigation was also handled in coordination with the United States Attorney’s Office for the Western District of Virginia and the IRS’s local Abingdon, Virginia Resident Agency. Assistant United States Attorney Thomas Ryan is in charge of the prosecutions.
Ohio Man Pleads Guilty in Connection with A Multi-year Marijuana Distribution ConspiracyRead the Press Release
Longtime drug dealer assaulted W.Va. State Trooper during January 2012 traffic stop
HUNTINGTON, W.Va. – U.S. Attorney Booth Goodwin today announced that an Ohio man pleaded guilty to federal charges in connection with a multi-year marijuana distribution conspiracy. Robin Earl Slater, 51, of Langsville, Ohio, pleaded guilty to four federal charges: conspiracy to distribute 100 kilograms or more of marijuana; possession of firearms in furtherance of a marijuana conspiracy; convicted felon in possession of firearms; and obstruction of justice.
Slater admitted today that he conspired to distribute over 100 kilograms of marijuana by supplying the drug to lower-level dealers in Putnam and Kanawha counties, as well as out of state.
On January 23, 2012, a West Virginia State Trooper followed Slater into a store parking lot after observing the defendant commit several traffic violations in St. Albans, W.Va. During an attempt to flee, Slater bit the police officer on the arm and pepper sprayed him. Slater was arrested a short time after the violent altercation. Following Slater’s arrest, police recovered $24,515, six firearms and drug ledgers from his vehicle.
U.S. Attorney Goodwin said, “We owe it to our law enforcement officers to do everything we can to protect them on the job. We’ve seen too many tragic, senseless law enforcement deaths in situations just like this: routine encounters that suddenly turn violent.” Goodwin continued, “Law enforcement officers risk their lives every day to keep the rest of us safe. I will spare no effort in prosecuting anyone who attacks them.”
Slater told police that the money he had was from individuals to whom he had supplied marijuana. Slater also admitted that he possessed firearms to protect himself and the proceeds of his drug activity.
Slater faces a mandatory minimum of 15 years in prison and up to life in prison when he is sentenced on November 18, 2013 by Chief United States District Judge Robert C. Chambers.Slater has two prior felony drug convictions related to the distribution of marijuana.
This case is being brought as part of Project Safe Neighborhoods. Project Safe Neighborhoods is a nationwide commitment to reduce gun crime in the United States by networking existing local programs targeting gun crime.
The West Virginia State Police, the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Putnam County Sheriff’s Department conducted the investigation. Assistant United States Attorney Steven Loew is in charge of the prosecution.
Law Enforcement Officials Announce Results of Southern W.va. Sex Offender Registration Compliance BlitzRead the Press Release
Operation Coal Dust found 10 sex offenders out of compliance
LOGAN COUNTY, W.Va. – A major two-day law enforcement blitz aimed at verifying compliance of more than 200 registered sex offenders currently residing in three southern West Virginia counties resulted in numerous arrests, U.S. Attorney Booth Goodwin, U.S. Marshal John D. Foster, and West Virginia State Police Superintendent Col. Jay Smithers announced today during a press conference in Chapmanville, W.Va.
The initiative, known as Operation Coal Dust, is a multi-agency law enforcement effort targeting registered sex offenders to determine individual compliance with the Sex Offender Registration and Notification Act, also known as SORNA. Led by the U.S. Marshals Service’s Cops United Felony Fugitive Enforcement Division (CUFFED), Operation Coal Dust targeted 209 registered sex offenders and found a total of 10 individuals out of compliance within the Southern District of West Virginia during compliance checks conducted by law enforcement on Tuesday and Wednesday (Aug. 6-7) of this week.
U.S. Attorney Booth Goodwin said, “Registering as a sex offender is not optional. It’s not something that offenders can simply put on the back burner or casually get around to completing whenever they feel like it. It’s mandatory.” Goodwin continued, “I’ve made prosecuting sex offenders who violate federal registration requirements one of my office’s top priorities. Today I want to reiterate that message: If you are out of compliance, we will track you down and we will bring you to justice.”
Operation Coal Dust was initiated by West Virginia State Police members based in Boone, Lincoln and Logan counties, along with the U.S. Marshals Service’s CUFFED Division. The two-day law enforcement sweep targeted Boone, Lincoln and Logan counties. Out of the 209 compliance checks performed in those specific counties, three arrests were made by police with more likely to come.
“One registered sex offender out of compliance is one too many,” U.S. Marshal John Foster said. “The U.S. Marshals Service is thoroughly committed to tracking down fugitives who attempt to sidestep the law.”
West Virginia State Police Superintendent Col. Jay Smithers said, “Efforts like Operation Coal Dust are extremely important. This particular undertaking is another tool that law enforcement has used to reinforce our commitment to safe communities throughout southern West Virginia.”
In December, a similar law enforcement sweep known as Operation River Cities was initiated in Cabell, Mingo and Wayne counties. As a result of the 299 compliance checks conducted as part of Operation River Cities, 18 arrests were made by law enforcement.
The Sex Offender Registration and Notification Act is part of the Adam Walsh Child Protection and Safety Act of 2006 (Public Law 109-248). SORNA provides a comprehensive set of minimum standards for sex offender registration and notification in the United States.
Wyoming Co. Pill Dealer with $570,000 in Illegal Drug Proceeds Pleads Guilty to Federal ChargeRead the Press Release
Police seize hundreds of thousands in cash, firearms from Lester’s Wyoming residences
BECKLEY – A 55-year-old pill dealer who illegally sold prescription painkillers in Wyoming County pleaded guilty today to a federal charge, announced U.S. Attorney Booth Goodwin. Delbert Lester, of McGraws, Wyoming Co., W.Va., entered a guilty plea to possession of oxycodone with intent to distribute before United States District Judge Irene C. Berger in Beckley. From January 11, 2011 through May 4, 2013, Lester illegally sold prescription pills to a confidential informant working in cooperation with law enforcement authorities on eight separate occasions. Lester, who maintained two residences in McGraws, W.Va., lived at one residence and conducted illegal pill transactions at the other.
On May 9, 2013, law enforcement agents executed search warrants on Lester’s two residences. During the searches, agents recovered 190 30-milligram oxycodone pills and 155 10-milligram oxycodone pills. Agents also recovered a total of $570,000 in cash and several firearms including two loaded .22 caliber semi-automatic pistols.
Lester faces up to 20 years in prison when he is sentenced on December 4, 2013.
According to his plea agreement, Lester will forfeit the $570,000 in illegal drug proceeds that was seized from his residence.
The investigation was conducted by the Southern Regional Drug and Violent Crime Task Force, with assistance from the Internal Revenue Service. Assistant United States Attorney Haley Bunn is in charge of the prosecution.
This case is being prosecuted as part of an ongoing effort led by the United States Attorney’s Office for the Southern District of West Virginia to combat the illicit sale and misuse of prescription drugs. The U.S. Attorney’s Office, joined by federal, state and local law enforcement agencies, is committed to aggressively pursuing and shutting down illegal pill trafficking, eliminating open air drug markets, and curtailing the spread of opiate painkillers in communities across the Southern District.
Fayette Co. Fugitive Pedophile Who Previously Failed to Appear for Sentencing on Child Pornography Charge Gets 10 Years in Federal PrisonRead the Press Release
BLUEFIELD, W.Va. – A Fayette County fugitive pedophile who failed to appear for a May 2012 sentencing hearing on a child pornography charge was sentenced today to the statutory maximum of 10 years in federal prison, announced U.S. Attorney Booth Goodwin. Brett David Bowyer, 34, of Scarbro, W.Va., previously pleaded guilty to possession of child pornography in October 2011. Bowyer’s sentencing was handed down today by Senior United States District Judge David A. Faber in Bluefield.
On September 17, 2010, Bowyer possessed on his computer more than 600 pictures and videos of children having sex or performing sexual acts. Bowyer received and shared child pornography using a peer-to-peer file sharing program called LimeWire, which allows Internet users to download files from other people’s computers around the world.
U.S. Attorney Goodwin said, “Cases involving the exploitation of innocent children are so critical. My office will continue to work diligently to make sure that pedophiles like Mr. Bowyer are locked up where they belong.”
Bowyer was originally scheduled to be sentenced on May 30, 2012 in Bluefield, but failed to appear as required by the conditions of his release. On June 12, 2013, Bowyer was arrested in Florida after being stopped for failing to change lanes for a Brevard County Sheriff’s deputy whose vehicle had its emergency lights flashing.
Bowyer was indicted on June 18 by a federal grand jury sitting in Huntington for failing to appear for his May 2012 sentencing hearing. He faces up to an additional five years in prison and a $250,000 fine if convicted.
The United States Marshals Service conducted the investigation. Assistant United States Attorney Lisa Johnston handled the prosecution.
This case was prosecuted as part of U.S. Attorney Goodwin’s ongoing initiative to combat child sexual exploitation and abuse in the Southern District of West Virginia.
Clay County Sheriff Charged with WiretappingRead the Press Release
Sheriff Miles Slack Secretly Intercepted Communications from Ex-Wife’s Supreme Court Computer, Federal Prosecutors Say
CHARLESTON, W. Va. – U.S. Attorney Booth Goodwin today charged Clay County Sheriff Miles J. “Mike” Slack with illegal wiretapping, a federal felony that can carry up to five years in prison. In a criminal case filed this afternoon, Goodwin charged Sheriff Slack with surreptitiously installing a keystroke logger on a computer belonging to the Supreme Court of Appeals of West Virginia.
According to court documents, the compromised computer was a government computer assigned to Slack’s then wife, identified as “Victim L.S.,” who works in the office of a Clay County magistrate. Computers in the offices of circuit judges and magistrates throughout West Virginia are owned and maintained by the state’s Supreme Court, and are connected to a central Supreme Court computer network.
Sheriff Slack installed the hidden device in late April of this year, said Goodwin and Steven Ruby, the assistant federal prosecutor who signed today’s charge, and it remained in place for over two weeks, intercepting messages and data transmitted from L.S.’s Supreme Court computer.
Keystroke logging devices can be purchased from a number of Internet-based sellers. The devices, usually one to two inches long, are attached to a computer’s keyboard cable. Once installed, they can intercept everything typed on the keyboard, including email and information transmitted to Internet sites.
Because the devices are unobtrusive and normally hidden behind the computer targeted for surveillance, they can go undetected for long periods of time. Though small in size, some keystroke loggers can store two gigabytes of information, enough to record more than a billion keystrokes.
Slack served as a Clay County deputy sheriff for around 16 years. In early 2012, while acting as chief deputy for the Clay County Sheriff’s Department, Slack announced he was running for sheriff. Then-Sheriff Randy Holcomb, however, quickly demoted Slack to the rank of sergeant, a move that threatened Slack’s election bid. Under West Virginia civil service laws, deputy sheriffs other than the chief deputy may not run for public office. In order to remain in the race, Slack resigned from the department and became Chief of Police for Clay, West Virginia, the county seat of Clay County.
In the May 2012 primary election, Slack soundly defeated two other candidates for the Democratic nomination for sheriff, receiving nearly 78% of the vote. He ran unopposed in the November 2012 general election and took office January 1, 2013. Slack’s first projects as sheriff included expanding evening patrols and seeking funding for a new home confinement officer.
Slack was charged in a court filing known as an information, which ordinarily indicates that a defendant is cooperating with prosecutors. No hearing date has been set.
The case is being investigated by the Federal Bureau of Investigation and the West Virginia State Police, with assistance from the Supreme Court of Appeals of West Virginia. The prosecution is being handled by Steven Ruby and Haley Bunn, prosecutors in Goodwin’s office.
Note: The charge contained in an Information is merely an accusation, and the defendant is presumed innocent unless and until proven guilty.
Click here to view a copy of the information
Raleigh County Pill Addict Who Illegally Possessed A .45 Caliber Pistol Sentenced to Federal PrisonRead the Press Release
BECKLEY, W.Va. – A Raleigh County man who admitted to having an addiction to the powerful prescription painkiller oxycodone was sentenced today to one year and nine months in federal prison for illegal possession of a firearm, announced United States Attorney Booth Goodwin. James David Morris, 34, of Eccles, W.Va., previously pleaded guilty in April to being an unlawful drug user in possession of a firearm. On March 28, 2012, Morris possessed a .45 caliber pistol near Harper, Raleigh County. Morris told police that at the time he possessed the firearm, he was an unlawful user of and addicted to oxycodone. Police also recovered eight additional firearms that were located at Morris’ residence.
The West Virginia State Police and the FBI conducted the investigation. Assistant United States Attorney John File handled the prosecution. The sentence was imposed by United States District Judge Irene C. Berger.
This case was brought as part of Project Safe Neighborhoods. Project Safe Neighborhoods is a nationwide commitment to reduce gun crime in the United States by working with existing local programs that target gun crime.
This case was also prosecuted as part of an ongoing effort led by the United States Attorney’s Office for the Southern District of West Virginia to combat the illicit sale and misuse of prescription drugs. The U.S. Attorney’s Office, joined by federal, state and local law enforcement agencies, is committed to aggressively pursuing and shutting down illegal pill trafficking, eliminating open air drug markets, and curtailing the spread of opiate painkillers in communities across the Southern District.
Goodwin: “another Pedophile Has Logged Off the Internet”Read the Press Release
Wyoming man admits possessing child pornography, sentenced to 4 ½ years in federal prison
BECKLEY, W.Va. – “Another pedophile has logged off the Internet and will be heading to prison,” U.S. Attorney Booth Goodwin announced, in the wake of a Wyoming County man’s sentencing on a federal child pornography charge. David Walter Martin Jr., 40, of Pineville, was sentenced to four and a half years in prison. The sentence was handed down by United States District Judge Irene C. Berger in Beckley. Martin previously pleaded guilty in March to possession of child pornography. Martin collected more than 600 pictures and videos of children having sex or performing sexual acts. The child pornography was found on Martin’s computer after he downloaded it from the Internet.
U.S. Attorney Booth Goodwin said, “Pedophiles like Mr. Martin who download and trade images of child pornography over the Internet are exploiting innocent children, plain and simple. My initiative to combat these despicable acts of child sexual abuse will continue.”
The Mullens Police Department, the Wyoming County Sheriff’s Department, and the West Virginia Internet Crimes Against Children Task Force conducted the investigation. Assistant United States Attorney Lisa Johnston handled the prosecution.
This case was brought as part of U.S. Attorney Goodwin’s ongoing initiative to combat child sexual exploitation and abuse in the Southern District of West Virginia.
Goodwin Announces Eight Guilty Pleas in Federal Prescription Drug CrackdownRead the Press Release
BLUEFIELD, W.Va. – Seven residents from Mercer, McDowell and Wyoming counties and one Virginia resident pleaded guilty in federal court this week in connection with an illegal prescription drug distribution conspiracy, announced U.S. Attorney Booth Goodwin. The charges against each defendant were brought as part of the Bluefield Pill Initiative, a concerted attack by federal, state, and local government on the illegal distribution of prescription drugs in the southern region of West Virginia. The initiative was announced by U.S. Attorney Goodwin in June 2011.
The following defendants pleaded guilty today, August 1, to using a telephone to commit a drug crime: Eric Lee Flack, 34, of Bluefield; Lori Megan Falls, 29, of Princeton; Kathy Burchett, 38, of Welch, McDowell County; and, Eric M. Tiller, 41, of Princeton. The telephone calls that were made by each defendant involved the distribution of oxycodone.
The following defendant pleaded guilty on Wednesday, July 31, to using a telephone to commit a drug crime: Anthony Lee Madison, 23, of Bluefield, Va. The telephone call that was made by the defendant also involved the distribution of oxycodone.
The following defendants pleaded guilty on Tuesday, July 30, to using a telephone to commit a drug crime: Danny Lee Decker, 42, of Mullens, Wyoming County; and, Edgar Junior Ponce, 32, of Oceana, Wyoming County. Similarly, the telephone calls that were made by each defendant involved the distribution of oxycodone.
Each defendant faces up to four years in federal prison when they are sentenced in December.
Also, Aaron O. Gamble, 30, of Princeton, Mercer County, W.Va., pleaded guilty on Monday, July 29, to distribution of oxycodone. In September 2012, Gamble distributed oxycodone to a confidential informant working in cooperation with the Southern Regional Drug and Violent Crime Task Force.
Gamble faces up to 20 years in federal prison when he is sentenced in December.
The Bluefield Pill Initiative is a collaborative, multi-agency regional law enforcement effort designed to halt prescription drug trafficking in Mercer, McDowell, and Wyoming counties. The Bluefield Pill Initiative is led by the Southern Regional Drug and Violent Crime Task Force, which includes the West Virginia State Police Bureau of Criminal Investigation, the Mercer, McDowell and Wyoming County Sheriff’s Departments, and the Bluefield and Princeton Police Departments.
Former Network Engineer Indicted by A Federal Grand Jury in Connection with Million-dollar Computer System DamageRead the Press Release
CHARLESTON – A former network engineer at Charleston-based EnerVest Operating was indicted by a federal grand jury sitting in Charleston on Tuesday for allegedly causing extensive damage to the company’s computer system in June 2012, announced U.S. Attorney Booth Goodwin. Ricky Joe Mitchell, 34, of Mableton, GA, was charged with recklessly damaging a protected computer. The alleged damage led to widespread computer network issues and resulted in more than $1 million in losses to EnerVest.
The indictment alleges that on June 26, 2012, Mitchell, who knowingly accessed a protected computer without authorization, erased backup information, and disabled a data replication process designed to transmit backup data that was stored in Houston, Texas. Mitchell is also alleged to have deleted all of the company’s phone system accounts, extensions, and accounting data.
As a result of the alleged acts, employees at EnerVest Operating were unable to fully communicate or conduct business operations from approximately June 26, 2012 through July 27, 2012.
Mitchell faces up to 15 years in prison and a $500,000 fine if convicted.
The U.S. Secret Service conducted the investigation. United States Attorney Goodwin is handling the prosecution.
U.S. Attorney Booth Goodwin announced the Business Protection Initiative in November 2010. Business protection is a primary initiative of the U.S. Attorney’s Office that focuses on prosecuting individuals who defraud West Virginia businesses.
Note: The charge contained in the indictment is merely an accusation, and the defendant is presumed innocent unless and until proven guilty
Click here to view a copy of the indictment
Federal Grand Jury Indicts Man in Connection with Alleged Diesel Fuel Theft at Military FacilityRead the Press Release
Thousands of dollars’ worth of diesel fuel allegedly stolen from W.Va. Guard facility in Red House
CHARLESTON – A federal grand jury sitting in Charleston indicted a Red House man on Tuesday in connection with an alleged theft scheme that took thousands of dollars’ worth of diesel fuel from a military facility located in Putnam County, announced U.S. Attorney Booth Goodwin. Charles Raymond Franklin, 59, of Red House, W.Va., was charged in a three-count indictment with conspiracy to steal and receive public property and conspiring to receive stolen government property.
The indictment alleges that on February 15, 2013, Franklin knowingly received approximately 196 gallons of diesel fuel that was stolen from the West Virginia National Guard’s Combined Support Maintenance Shop located in Red House.
The Naval Special Warfare Command (NSW), a component of the U.S. Navy, contracted with the West Virginia National Guard to run its Operational Stock (Ops Stock) program that stored and maintained equipment for naval operations at the facility in Red House. The heavy equipment that was maintained by the Guard as part of the Ops Stock program used diesel fuel.
The indictment further alleges that on February 19, 2013, Franklin received approximately 194 gallons of diesel fuel that was also stolen from the facility in Red House. Franklin allegedly purchased the stolen diesel fuel at a greatly discounted rate from an individual known to the grand jury.
Franklin faces up to five years on the receiving stolen property charge and up to 10 years in prison on each charge of conspiring to receive stolen government property, if convicted. Franklin also faces a $250,000 fine on each count.
The investigation was conducted by the FBI. Assistant United States Attorney Blaire Malkin is in charge of the prosecution.
Note: The charges contained in the indictment are merely accusations, and the defendant is presumed innocent unless and until proven guilty
Click here to view a copy of the indictment
Nicholas Woman Enters Federal Guilty Plea in Connection with Meth Manufacturing ConspiracyRead the Press Release
CHARLESTON – A Nicholas County woman faces up to 20 years in prison after pleading guilty today in connection with a methamphetamine manufacturing conspiracy, announced U.S. Attorney Booth Goodwin. Rachel Petrey, 32, pleaded guilty to conspiracy to manufacture methamphetamine before U.S. District Judge John T. Cophenhaver, Jr.
From August 2010 until February 2011, Petrey manufactured methamphetamine using a technique known as the “shake and bake” method. Petrey manufactured methamphetamine at various residences in and around Nicholas County. During the scheme, Petrey also taught several associates including Felicia Bess, 23, of Summersville, how to cook methamphetamine. Petrey also provided user amounts of methamphetamine to several associates in exchange for their assistance in obtaining meth-making materials.
Bess was previously sentenced in February to three years in federal prison for manufacturing methamphetamine.
Petrey is scheduled to be sentenced on October 9, 2013.
The U.S. Forestry Service, the Central West Virginia Drug Task Force, the West Virginia State Police, the Nicholas County Sheriff’s Department and the Richwood Police Department conducted the investigation. Assistant United States Attorney John Frail is in charge of the prosecution.
Charleston Pill Dealer Who Pawned Pistol Pleads Guilty to Federal ChargeRead the Press Release
CHARLESTON – A Charleston pill dealer who illegally possessed a firearm in January 2013 pleaded guilty today to a federal charge, announced U.S. Attorney Booth Goodwin. Anthony Dawson, Jr., 30, entered a guilty plea to being a felon in possession of a firearm before U.S. District Judge John T. Copenhaver, Jr. On January 3, Dawson possessed a 9-millimeter pistol and later pawned the firearm near Dunbar, W.Va., in exchange for $400.
Dawson was previously convicted of conspiracy to deliver oxycodone in June 2009 in the Circuit Court of Kanawha County. The defendant did not have his rights to possess a firearm restored.
Dawson faces up to 10 years in prison and a $250,000 fine when he is sentenced on October 29, 2013.
The Charleston Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives conducted the investigation. Assistant United States Attorney Erik S. Goes is in charge of the prosecution.This case is being prosecuted as part of Project Safe Neighborhoods. Project Safe Neighborhoods is a nationwide commitment to reduce gun crime in the United States by networking existing local programs targeting gun crime.
This case is also being prosecuted as part of an ongoing effort led by the United States Attorney’s Office for the Southern District of West Virginia to combat the illicit sale and misuse of prescription drugs. The U.S. Attorney’s Office, joined by federal, state and local law enforcement agencies, is committed to aggressively pursuing and shutting down illegal pill trafficking, eliminating open air drug markets, and curtailing the spread of opiate painkillers in communities across the Southern District.
Ohio Pill Dealer Sentenced to 2 Years in Federal Prison for Selling OxycodoneRead the Press Release
Police seize several items including a car, guns, hundreds of prescription pills, and $17,000 in cash during a search
HUNTINGTON – An Ohio pill dealer who sold hundreds of dollars’ worth of powerful prescription painkillers in March 2010 was sentenced today to two years in federal prison, announced U.S. Attorney Booth Goodwin. Wesley Alan Wood, 32, formerly of Proctorville, Ohio, previously pleaded guilty in April to distribution of oxycodone. In March 2010, Wood met a confidential informant working with the Metropolitan Drug Enforcement Network Team (MDENT) at a predetermined location in Hurricane, W.Va. to complete a pill transaction. After meeting in the parking lot of a Wal-Mart store located in Hurricane, W.Va., the police informant entered the defendant’s vehicle and rode with Wood, and his wife, Kristina Wood, to a nearby Budget Inn Motel to complete the pill transaction. Wood later sold 85 80-milligram oxycodone tablets to the informant while the two were inside of a rented motel room.
Following the transaction, Kristina Wood drove the defendant and the informant back to the Wal-Mart parking lot. Wesley Wood repeatedly asked the informant where he had parked his vehicle. After failing to locate the informant’s vehicle, Wood sat a 9-millimeter pistol in his lap and told the informant to “get the [expletive] out of my car.” Wood and his wife then exited the Wal-Mart parking lot and were stopped by police. During a search of Wood’s vehicle, officers seized the defendant’s pistol, 71 80-milligram oxycodone tablets and 14 40-milligram oxycodone tablets.Officers also executed a search warrant on the defendant’s Proctorville residence. During the search, officers recovered two pistols, various prescription medications including 300 80-milligram oxycodone tablets, 166 7.5-milligram hydrocodone tablets, and, $17,453. Police also seized a 2000 Lincoln Town Car that was previously purchased by Wood. Wood told police that the car was purchased using illegal drug proceeds.
The investigation was conducted by MDENT, the Drug Enforcement Administration and the Huntington Police Department. Assistant United States Attorney Joseph F. Adams handled the prosecution. The sentence was imposed by Chief United States District Judge Robert C. Chambers.
This case was prosecuted as part of an ongoing effort led by the United States Attorney’s Office for the Southern District of West Virginia to combat the illicit sale and misuse of prescription drugs. The U.S. Attorney’s Office, joined by federal, state and local law enforcement agencies, is committed to aggressively pursuing and shutting down illegal pill trafficking, eliminating open air drug markets, and curtailing the spread of opiate painkillers in communities across the Southern District.
Ohio Crack Cocaine Dealer Sentenced to More Than 8 Years in Federal PrisonRead the Press Release
HUNTINGTON, W.Va. – An Ohio man was sentenced today to eight years and one month in federal prison for possession of crack cocaine with intent to distribute, announced U.S. Attorney Booth Goodwin. Shawn Delane Harris, also known as “Pops,” 44, of Springfield, OH, previously pleaded guilty in November 2012. On March 18, 2010, members of the Huntington Police Department conducted a traffic stop of the defendant’s vehicle on Virginia Avenue in Huntington. Harris, who was driving on a suspended license at the time, was arrested after a police search revealed marijuana and crack cocaine on his person. The crack cocaine was submitted to the West Virginia State Police Laboratory for testing and proved to be crack cocaine weighing 9.42 grams.
Harris is responsible for distributing a total of 1.34 kilograms of crack cocaine in and around Huntington.
The Huntington Police Department conducted the investigation. Assistant United States Attorney Gregory McVey handled the prosecution. The sentence was imposed by Chief United States District Judge Robert C. Chambers.Mercer Co. Man Pleads Guilty to Federal Mine Safety ViolationRead the Press Release
BLUEFIELD, W. Va. – A Mercer County man who falsified mandatory mine safety reports while employed at several West Virginia mining operations pleaded guilty today to a federal charge, announced U.S. Attorney Booth Goodwin. Craig Belcher, 36, of Bluefield, W.Va., pleaded guilty to providing a false statement, representation and certification in a Mine Safety and Health Administration (MSHA) document.
In January 2009, Belcher was hired to work as an underground mine foreman at Spartan Mining Company’s Road Fork No. 51 mine located in Wyoming County. Also in February 2009, Belcher was hired to perform mine foreman duties at Frasure Creek’s Mine No. 15 located in Fayette County. Belcher also performed similar foreman duties in May 2009 at Pay Car’s Mine No. 58 in McDowell County, and, in July 2010 at Double Bonus’s Mine No. 65 in Wyoming County.
Between January 27, 2009 and July 13, 2010, Belcher signed pre-shift and on-shift reports which indicated that he had properly examined particular sections at each mine. Belcher was not certified as a foreman when he completed the mine reports. Belcher also falsified information on pre-shift and on-shift reports by using foreman’s numbers that did not belong to him.
Belcher faces up to five years in prison and a $250,000 fine when he is sentenced on December 2, 2013 by Senior United States District Judge David A. Faber.
The investigation was conducted by MSHA. Assistant United States Attorney Blaire Malkin is in charge of the prosecution.