Southern District of West Virginia
Press releases recorded for this federal judicial district.
Detroit Man Admits to Selling Prescription Painkillers in CharlestonRead the Press Release
CHARLESTON, W.Va. – U.S. Attorney Booth Goodwin today announced that a Detroit man pleaded guilty to distribution of oxymorphone, also known as “Opana.” Delbert Lapsley, 48, pleaded guilty in federal court in Charleston. Lapsley admitted to that on August 2, 2011, he illegally sold Opana at or near Charleston.
Lapsley faces up to 20 years in prison and a $1 million fine when he is sentenced on June 12, 2013 by United States District Judge John T. Copenhaver, Jr.
The Drug Enforcement Administration conducted the investigation. Assistant United States Attorney Monica Coleman 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.
Woman Admits to Selling Prescription Painkillers in HuntingtonRead the Press Release
HUNTINGTON, W.Va. – U.S. Attorney Booth Goodwin announced that a Huntington woman pleaded guilty on March 11 in federal court to distribution of oxycodone. Shena Rena Turner, 26, admitted that on November 19, 2012, she agreed to sell 100 30-milligram oxycodone tablets to a confidential informant working at the direction of the Drug Enforcement Administration (DEA). Turner further admitted that she received a total of 77 30-milligram oxycodone pills from an associate which she distributed to the informant in exchange for $2,800. Turner was arrested by DEA agents on February 4, 2013. Turner admitted that between the summer of 2012 until November 2012, she distributed a total of 300 30-milligram oxycodone pills.
Turner faces up to 20 years in prison and a $1 million fine when she is sentenced on June 10, 2013 by Chief United States District Judge Robert C. Chambers.
The DEA conducted the investigation. Assistant United States Attorney Joseph F. Adams 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.
Columbus Man Pleads Guilty to Federal Crack Cocaine ChargeRead the Press Release
HUNTINGTON, W.Va. – U.S. Attorney Booth Goodwin today announced that a Columbus man pleaded guilty in federal court to distribution of 28 grams or more of crack cocaine. Tyree Antonio Spraggins, 25, admitted that on October 27, 2010, he stopped by the Smokin’ Aces store that was located in Huntington and sold 44.3 grams crack cocaine to an undercover agent working for the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) in exchange for $2,600.
Spraggins further admitted that he sold a total of 142.8 grams of crack cocaine to undercover agents at the Smokin’ Aces store.
Spraggins faces up to 40 years in prison and a $5 million fine when he is sentenced on June 10, 2013 by Chief United States District Judge Robert C. Chambers.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and the Huntington Police Department. Assistant United States Attorney Gregory McVey is in charge of the prosecution.
This case was prosecuted as part of a yearlong undercover operation that targeted illegal drugs and firearms crimes in the Huntington area. The operation was led by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and assisted by the U.S. Attorney’s Office, the Huntington Police Department, and various other law enforcement agencies. It was announced to the public in March 2011 after a grand jury returned indictments against 55 defendants.
Michigan Man Pleads Guilty to Federal Heroin ChargeRead the Press Release
HUNTINGTON, W.Va. – U.S. Attorney Booth Goodwin announced that a Michigan man pleaded guilty to aiding and abetting the possession with intent to distribute heroin. Ralph Oliver Mayes, Jr., 36, of Dearborn Heights, Michigan, admitted to the charge today in federal court.
On January 9, 2013, officers with the Barboursville Police Department arrested Mayes for obstructing and possession of Vicodin tablets. Following his arrest, Mayes was transported to the Barboursville Police Department. During a custodial search of the defendant, police found two bags containing 33 individually wrapped bags of a substance that field tested positive for heroin. Mayes admitted that each bag contained approximately .1 grams of heroin. Mayes further admitted that he intended to sell the heroin.
Mayes faces up to 20 years in prison and a $1 million fine when he is sentenced on June 17, 2013 by Chief United States District Judge Robert C. Chambers.
The Barboursville Police Department and the Huntington Violent Crimes and Drug Task Force conducted the investigation. Assistant United States Attorney Gregory McVey is in charge of the prosecution.
The 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.Huntington Man Sentenced to More Than Three Years in Federal Prison for Crack Cocaine ChargeRead the Press Release
HUNTINGTON, W.Va. – U.S. Attorney Booth Goodwin today announced that a Huntington man was sentenced to three years and one month in federal prison for possession with intent to distribute crack cocaine. Kendall O. Williams, 29, previously pleaded guilty in October 2012. On April 21, 2011, law enforcement officers conducted a traffic stop of the defendant’s vehicle in the 1600 block of Huntington. During the traffic stop, a police K-9 unit gave a positive indication of the presence of drugs inside the vehicle. Law enforcement agents discovered two individually wrapped baggies containing crack cocaine between the center console and the driver’s seat. Williams admitted to being in possession of the crack cocaine and intended to share the illegal substance with associates. The crack cocaine was submitted to the West Virginia State Police Laboratory for testing and proved to be crack cocaine weighing 10.78 grams.
The Huntington Violent Crimes and Drug Task Force handled the investigation. Assistant United States Attorney Gregory McVey handled the prosecution. The sentence was imposed by Chief United States District Judge Robert C. Chambers.
Federal Officials Speak to Alban Elementary School Students About Making Responsible DecisionsRead the Press Release
U.S. Attorney Goodwin, U.S. Marshal Foster say Alban’s service learning club builds student character and strong communities
ST. ALBANS, W.Va. – United States Attorney Booth Goodwin and U.S. Marshal John D. Foster today met with students from Alban Elementary School in St. Albans, W.Va. to discuss the importance of making responsible decisions. Goodwin and Foster also commended the 44 students for their participation in a service learning project known as The Success Club at Alban Elementary.
The Success Club, established by former Alban Elementary teacher Deb Austin Brown, teaches students a variety of success strategies, focuses on community service and inspires youth leadership.
“Educating our young people is one of the most effective ways that we can solve problems in our communities.” U.S. Attorney Booth Goodwin said, “Service learning projects, like the Success Club at Alban, are invaluable. They provide more than just an outlet for students to interact with peers – they serve as a source where students can begin to develop a good ethical compass.”
Goodwin created the United States Attorney’s Ambassador for Justice Awards program in April 2012 to honor West Virginia high school juniors who have shown outstanding leadership skills and a commitment to social justice. The Ambassador for Justice program was formed following a tragic high school shooting in Chardon, Ohio, that claimed the lives of three young people and wounded two others in February of last year. The Ambassador for Justice program was also established in response to a handful of reports that involved school bullying and attempted acts of violence by students within the southern district of West Virginia.
U.S. Marshal John Foster said,“This program at Alban Elementary is an important way to equip young people with problem-solving techniques and leadership qualities. The students, in turn, can use these qualities to add value to and strengthen their communities.”
Alban Success Club director Deb Austin Brown said, “It truly meant a great deal for our students to hear from U.S. Attorney Goodwin and U.S. Marshal Foster. Our service learning club was created primarily to help students recognize the importance of community service. This is a building block for their growth. When students are motivated and set goals, they are bound to have success.”
Over the past two years, Goodwin and Foster have visited several schools throughout the southern district of West Virginia speaking to students about bullying prevention, making responsible decisions and educating youth about the harmful effects of drug abuse.
For more information about the Success Club at Alban, please visit: http://www.99successstrategies.com/
Two Pill Dealers Sentenced to Federal Prison for Oxycodone Distribution ConspiracyRead the Press Release
Defendants brought thousands of pills from Detroit and distributed them in Huntington
HUNTINGTON, W.Va. – U.S. Attorney Booth Goodwin today announced that two pill dealers were sentenced to a total of more than eleven years in federal prison for selling prescription painkillers. Joseph Dre Moore, also known as “Tay,” 33, of Huntington, was sentenced to seven years and three months in prison. Moore admitted that beginning in late summer 2009, he was involved in an illegal pill distribution scheme in and around Huntington, W.Va. Moore admitted that during the scheme, he obtained pills from Detroit, Michigan or from individuals with ties to sources in Detroit. Moore further admitted that on September 22, 2009, he directed a known individual to distribute nine 80-milligram oxycodone tablets to a confidential informant working for the Huntington Violent Crimes and Drug Task Force. The transaction occurred near 14th Street and Adams Avenue in Huntington. Moore also admitted that in December 2009, he began using a Huntington residence to store and distribute controlled substances including marijuana, crack cocaine, and oxycodone. Moore admitted that he sold approximately 30 80-milligram oxycodone tablets per month for at least two months.
In a separate hearing today, Moore’s co-defendant Rita Evette Johnson, 33, of Detroit, was sentenced to three years and ten months in prison. Johnson admitted that she became involved in the illegal pill conspiracy during the spring of 2011. Johnson admitted that she typically obtained pills from Detroit and shipped them to co-defendant Moore in Huntington. Johnson further admitted that in the spring of 2011, she arranged for approximately 2,700 30-milligram oxycodone tablets to be sent to co-defendant Moore. Johnson also admitted that she recruited an individual to carry 600 30-milligram oxycodone tablets and 90 40-milligram oxycodone tablets by commercial bus from Detroit to co-defendant Moore in Huntington. Moore also admitted his participation in the pill drop-off scheme.
The Huntington Violent Crimes and Drug Task Force conducted the investigation. Assistant United States Attorney Joshua Hanks handled the prosecutions. The sentences were imposed by United States District Chief Judge Robert C. Chambers.
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.
Putnam County Man Sentenced to Federal Prison for Possessing A Stolen FirearmRead the Press Release
HUNTINGTON, W.Va. – U.S. Attorney Booth Goodwin today announced that a Putnam County man was sentenced to a year and a half in federal prison for possession of a stolen firearm. Robert Allen Armstrong, 25, of Hurricane, W.Va., previously pleaded guilty in October 2012. On July 16, 2010, officers with the Hurricane Police Department arrived at the defendant’s Putnam County residence to execute an arrest warrant. During the execution of the warrant, an officer seized a Raven Arms .25 caliber pistol from behind a planter located on the porch of the residence. Armstrong was arrested at the time.
The defendant admitted that he possessed a Ruger .22 caliber pistol in his bedroom dresser at the residence. Law enforcement officers later received a complaint that the Ruger .22 caliber pistol had been stolen from a pickup truck sometime between July 15 and July 22, 2010. Armstrong admitted that he knew the Ruger .22 caliber pistol had been stolen.
Armstrong was previously convicted of a felony in February 2007 in the Circuit Court of Putnam County, West Virginia and did not have his rights to possess a firearm restored.
This case was investigated by the Hurricane Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). Assistant United States Attorney Joshua Hanks handled the prosecution.
The sentence was imposed by United States District Chief Judge Robert C. Chambers.
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
Cabell County Man Pleads Guilty to Illegal Firearm PossessionRead the Press Release
HUNTINGTON, W.Va. – U.S. Attorney Booth Goodwin today announced that a Cabell County man pleaded guilty in federal court to illegal firearm possession. Kenneth Richard Nance, 43, of Huntington, W.Va., pleaded guilty to possession of a firearm by a person subject to a domestic violence protection order. Nance admitted that on December 7, 2011, he possessed a Raven .25-caliber pistol.
At the time of the firearm possession, Nance was subject to a Domestic Violence Protection Order (DVPO) issued by the Family Court of Cabell County, West Virginia. Nance admitted that he knew the DVPO was in effect at the time he possessed the firearm on December 7, 2011. The defendant further admitted that he knew it was illegal to possess a firearm or ammunition while the DVPO was in effect.
Nance faces up to 10 years in prison and a $250,000 fine when he is sentenced on June 3, 2013 by United States District Chief Judge Robert C. Chambers.
The investigation was conducted by the FBI, the ATF, and the Cabell County Sheriff’s Department. Assistant United States Attorney Lisa Johnston is in charge of the prosecution.
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 networking existing local programs targeting gun crime.
Former Massey Executive Pleads Guilty to Federal Mine Safety ChargesRead the Press Release
Longtime Massey division president impeded federal mine inspectors and violated mine safety laws
BECKLEY, W. Va. – U.S. Attorney Booth Goodwin today announced that a longtime Massey Energy Company executive pleaded guilty to two federal crimes in connection with an ongoing investigation of Massey. David Hughart, 53, of Crab Orchard, West Virginia, admitted that he conspired to impede the Mine Safety and Health Administration (MSHA) and conspired to violate mine health and safety laws. Hughart pleaded guilty to the charges today in federal district court in Beckley, W.Va. Hughart is the former president of Massey’s Green Valley Resource Group and is the highest-ranking official charged to date in an ongoing federal investigation.
“Mine safety and health laws are not optional," said U.S. Attorney Booth Goodwin. "This prosecution reiterates the message that mine safety violations are very serious crimes."
Hughart admitted that he and others at Massey conspired to violate health and safety laws and concealed those violations by warning mining operations when MSHA inspectors were arriving to conduct mine inspections.
Hughart is believed to be 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 Criminal Investigation Division. Alpha Natural Resources, Inc., which acquired Massey’s operations in a June 2011 merger, is continuing to cooperate with the investigation.
Hughart faces up to six years in prison and a $350,000 fine when he is sentenced on June 25, 2013 by United States District Judge Irene C. Berger.
Counsel to the United States Attorney Steven Ruby is handling the prosecution.
Detroit Man Indicted by Federal Grand Jury on Illegal Firearm Possession ChargesRead the Press Release
HUNTINGTON, W.Va. – United States Attorney Booth Goodwin today announced that a Detroit man was indicted by a federal grand jury sitting in Huntington for being a felon in possession of firearms. According to a two-count indictment, Thomas Ray III, 43, of Detroit, allegedly possessed a loaded firearm Glock .40 caliber pistol on February 5, 2013 near Huntington, W.Va. The indictment also alleges that on February 5, 2013, Ray possessed a loaded 12-gauge shotgun, a .22 caliber rifle and an AR-15 assault rifle near Huntington.
Ray was previously convicted of two felonies on February 28, 2012 in the Circuit Court of Will County, Illinois for forcible detention/armed; and, giving a false bomb/gas alarm and did not have his rights to possess a firearm restored.
The defendant faces up to 10 years in prison if convicted.
The investigation was conducted by the United States Marshals Service. Assistant United States Attorney Joseph F. Adams 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.
Note: The charges contained in the indictment are merely accusations, and the defendant is presumed innocent unless and until proven guilty.
Georgia Man Admits to Methamphetamine PossessionRead the Press Release
Law enforcement agents found methamphetamine in the defendant’s vehicle
HUNTINGTON, W.Va. – U.S. Attorney Booth Goodwin announced that a Georgia man pleaded guilty on Feb. 25 to possession with intent to distribute methamphetamine. Gary Diaz, 55, Roswell, Ga., admitted that in November 2012, he distributed methamphetamine to a known individual. On November 13, 2012 and November 14, 2012, a confidential informant working with law enforcement authorities purchased the methamphetamine from a known individual during two controlled drug transactions.
On November 16, 2012, law enforcement officers conducted a stop of Diaz’s vehicle near Wayne County, W.Va. During the traffic stop, a police K-9 unit gave a positive indication of the presence of drugs inside the vehicle. Law enforcement agents recovered a quantity of methamphetamine from the vehicle.
The methamphetamine recovered from the two controlled drug buys and two bags found in the trunk of the defendant’s vehicle were submitted to the West Virginia State Police Forensic Laboratory and proved to be methamphetamine weighing 349.54 grams.
Diaz faces up to 20 years in prison and a $1 million fine when he is sentenced on May 28, 2013 by United States District Chief Judge Robert C. Chambers.
The Metropolitan Drug Enforcement Network Team (MDENT) conducted the investigation. Assistant United States Attorney Haley Bunn is in charge of the prosecution.
Golden Heart Executive Director Sentenced to Almost 4 Years in Federal Prison for ConspiracyRead the Press Release
In-home care operator admits to altering and falsifying company records
CHARLESTON, W.Va. – U.S. Attorney Booth Goodwin announced today that the founder and executive director of a St. Albans-based in-home care business was sentenced to 46 months in federal prison for conspiracy in connection with a health care fraud investigation. Shida S. Jamie, 63, owner of Golden Heart In Home Care, LLC (Golden Heart), previously pleaded guilty in October 2012. Jamie admitted that in or about August or early September 2009, she altered and falsified records and documents of Golden Heart. Golden Heart specialized in providing in-home care services to the elderly and disabled under a contract with Putnam Aging Inc., an authorized West Virginia Medicaid provider.
U.S. Attorney Booth Goodwin said, “Today’s sentencing underscores my office’s commitment to not only protect the nation’s health care services, but also to vigorously pursue the criminals who steal from it.”
Jamie admitted that she directed office staff to review the personnel files of caregivers who provided personal care services and directed staff members to place newly created and altered documents into personnel files that contained missing training documents. Jamie further admitted that she agreed with known Golden Heart employees to falsify signatures on training documents to make it appear as if caregivers had received training in compliance with the personal care program guidelines. Jamie also directed that those files be provided to Putnam Aging so that Putnam Aging would allow the Medicaid program to be billed for personal care services provided by Golden Heart.
Jamie also admitted that in late December and early January 2010, she learned about a West Virginia Department of Health and Human Resources Medicaid Fraud Control Unit (MFCU) investigation regarding transportation hours and mileage expenses that had been claimed by Golden Heart under the Aged and Disabled Waiver Program. Jamie admitted that she was aware that a known employee of Golden Heart lacked a valid drivers’ license and she agreed to alter existing records to make it appear as if another known employee with a valid driver’s license had performed the services. The altered records were then provided to a MFCU investigator. By the defendant’s actions, she intended to prevent the MFCU from learning that Golden Heart had claimed transportation and mileage expenses to which it was not entitled to be reimbursed under Medicaid.
The Court recognized that entitlement programs are a significant portion of the federal budget, funded by taxpayers. The Court also noted that health care fraud is one of the reasons the country is in financial trouble and today’s sentencing must serve as a deterrent to others who attempt to defraud entitlement programs. The Court further acknowledged that the government is not only justified but required to aggressively pursue such fraud, as they have done here.
In October 2012, the United States settled three civil cases that had been filed against Jamie and Golden Heart to recover losses associated with the fraud against Medicaid, to freeze assets to preserve them for restitution, and to forfeit assets derived from the proceeds of the fraud. The civil settlement resolves all three civil actions by recovering all known assets of Jamie and Golden Heart which represent proceeds of the fraud. The money derived from the settlement will be used to make restitution to Medicaid for the losses it sustained from Jamie and Golden Heart’s fraudulent conduct.
The United States Department of Health and Human Services, the Federal Bureau of Investigation, the West Virginia State Police and the MFCU conducted the investigation. Assistant United States Attorneys Meredith George Thomas, Philip Wright and Eumi Choi handled the prosecution. The sentence was imposed by United States District Judge Thomas E. Johnston.
Summers County Man Sentenced to 4 Years in Federal Prison for Child PornographyRead the Press Release
Grimmett had more than 600 child-pornography pictures and videos on his computer
BECKLEY, W.Va. – U.S. Attorney Booth Goodwin today announced that a Summers County man was sentenced to four years prison followed by 15 years of supervised release for possession of child pornography. Alan L. Grimmett, 51, of Hinton, Summers County, W.Va., admitted that on June 7, 2011, he possessed on his computer more than 600 images and videos that revealed minors involved in sexual conduct. The defendant admitted that he knew the images and videos constituted child pornography. Grimmett further admitted that the images he possessed were downloaded using the Internet.
“Crimes that involve the exploitation of children are repulsive, plain and simple,” said U.S. Attorney Goodwin. “These types of cases have been a top priority for my office and we will continue to work tirelessly to ensure that the criminals are punished.”
The U.S. Immigration and Customs Enforcement’s Homeland Security Investigations, the West Virginia State Police Internet Crimes Against Children Task Force and the West Virginia State Police conducted the investigation. Assistant United States Attorney Lisa Johnston handled the prosecution. The sentence was imposed by United States District Judge Irene C. Berger.
Since January 2012, twenty-two defendants have been convicted as part of the U.S. Attorney’s Office’s ongoing initiative to combat child sexual exploitation and abuse in the Southern District of West Virginia. Twelve defendants have been sentenced to a total of nearly 50 years in federal prison. The remaining ten defendants currently await sentencing.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit http://www.justice.gov/usao/wvs/PSCpage.html. For more information about internet safety education, please visit www.usdoj.gov/psc and follow the link named “Resources.”
Goodwin Charges Five Men in Connection with A Major Workers’ Compensation Insurance Fraud SchemeRead the Press Release
Defendants conspire to steer millions of dollars away from Brickstreet Insurance
CHARLESTON, W.Va. – U.S. Attorney Booth Goodwin today charged a workers’ compensation insurance premium field auditor employed by BrickStreet Mutual Insurance Company (“BrickStreet”) with orchestrating a multimillion-dollar fraud on his employer, the state’s leading workers’ compensation provider. Arville W. Sargent, 52, of Chapmanville, Logan County, W.Va., was charged in a two-count information with honest services mail fraud and tax evasion as part of the scheme to defraud BrickStreet.
According to a court document filed today, from its inception in January 2006 until at least February 1, 2011, Sargent engaged in a scheme to defraud BrickStreet by allowing certain policyholders operating in the coal mining industry to drastically underreport their payroll during annual field audits he conducted on behalf of BrickStreet for the intended purpose of confirming those policyholders were paying accurate workers’ compensation insurance premiums. According to the filings today, Sargent purposely allowed four “employee leasing” companies, Aracoma Contracting, LLC (“Aracoma”), Christian Contracting, Newhall Contracting and T&W Services, LLC, all of whom provided labor on a contract basis to coal companies in southern West Virginia, 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.
“Mine safety is unquestionably a priority of my office. Today’s filings underscore my commitment to approach this important issue from every angle,” U.S. Attorney Booth Goodwin said. “Employers in the coal mining industry who cheat the workers’ compensation insurance system are really only cheating the hard-working miners who risk injury to perform dangerous jobs to provide for their families.
Goodwin continued, “Failing to honestly and accurately report employment information to insurance companies like BrickStreet potentially exposes those coal miners to devastating financial misfortune if they get hurt on the job. These charges are even more disturbing because these crooked operators were able to compromise the one person entrusted to make sure the employees are properly accounted for: the insurance company’s auditor. This type of corruption has long plagued the coal industry in southern West Virginia and must be stopped.”
In addition to defrauding BrickStreet, the principals of Aracoma, Jerome Eddie Russell, 50, of Williamson, West Virginia and Frelin Workman, 58, of Belfrey, Kentucky, admitted paying a significant number of their employees in cash as part of a tax evasion scheme to avoid the associated payroll taxes. Randy Workman, 36, of Belfrey, Kentucky, similarly utilized a significant cash payroll to evade payroll taxes. Likewise, Arthur White, Jr., 60, of Lenore, West Virginia paid a portion of the payroll for T&W Services, LLC through a shell company, thereby evading taxes.
Sargent, Russell, Frelin Workman and Randy Workman each face up to 25 years in prison and a $500,000 fine.
White faces up to ten years in prison and a $500,000 fine.
The FBI and the IRS are handling the investigations. This investigation was 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.
Huntington Man Sentenced to 7 Years in Federal Prison for Firearm and Illegal Drug Possession ChargesRead the Press Release
HUNTINGTON, W.Va. – U.S. Attorney Booth Goodwin today announced that a Huntington man was sentenced to a total of seven years in federal prison for possessing a firearm during a drug trafficking crime and possession with intent to distribute heroin. Gregory Donearl Easterling also known as “Smoke” and “Dion A. Foster,” 38, of Huntington, previously pleaded guilty in September 2012. On December 21, 2011, members of the Huntington Drug and Violent Crimes Task Force conducted a search of the defendant’s Huntington residence. During the search of Easterling’s residence, law enforcement officers found approximately 6.8 grams of heroin located on an open kitchen shelf, an additional six bundles of heroin, three firearms and digital scales. Easterling admitted to law enforcement that he intended to sell the heroin.
Also during the December 2011 search of the defendant’s residence, law enforcement officers seized a loaded .45 caliber pistol that was stored in the rail of the defendant’s bed. Easterling admitted that he was responsible for possessing a total of 27 grams of heroin and 60 30-milligram oxycodone pills.
The Court sentenced Easterling to two years in prison for possession with intent to distribute heroin and five years in prison for possessing a firearm in furtherance of a drug trafficking crime, for a total of seven years in prison.
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 Huntington Drug and Violent Crimes Task Force conducted the investigation. The prosecution was handled by Assistant United States Attorney Gregory McVey.
Detroit Man Pleads Guilty to Illegal Oxycodone DistributionRead the Press Release
HUNTINGTON, W.Va. – U.S. Attorney Booth Goodwin announced today that a Detroit man pleaded guilty in federal court to distribution of a quantity oxycodone. Robert Louis Smith, 40, admitted that on March 12, 2010, he met a confidential informant at a predetermined location, entered the informant’s vehicle and distributed 229 80-milligram oxycodone tablets and 257 40-milligram oxycodone tablets. Following the controlled drug transaction, the defendant returned to his vehicle with a paper bag containing prerecorded buy money that was provided by the informant. A short time later, Smith’s vehicle was stopped by Huntington Police Department officers. Police arrested Smith and the prerecorded buy money was recovered from the passenger side rear floorboard of the defendant’s vehicle.
Smith faces up to 20 years in prison and a $1 million fine when he is sentenced on May 13, 2013 by United States District Chief Judge Robert C. Chambers.
The Drug Enforcement Administration and the Huntington Police Department conducted the investigation. Assistant United States Attorney Joseph F. Adams 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.
U.S. Attorney's Office for the Southern District of W.va. Hosts Statewide School Safety SummitRead the Press Release
Summit brings together educators, law enforcement, mental health professionals, and community members; seeks practical, local steps against school violence
CHARLESTON, W.Va. - United States Attorney Booth Goodwin today announced that more than 400 participants from a wide range of professions and government agencies participated in yesterday’s Summit on West Virginia Safe Schools. Goodwin convened the daylong summit to develop practical steps to prevent and prepare for school violence. The summit was held at the state’s Culture Center in Charleston.
"Getting people from all sides of the problem into the same room to discuss solutions is the essential first step toward making our schools safer,” said Goodwin. “Yesterday we brought together law enforcement officials, educators, parents, mental health professionals, and students to exchange ideas and help forge the kind of lasting partnerships that produce real results. We have a tough challenge ahead of us, but the work we did, and the work we’re going to keep on doing, holds lifesaving promise.”
West Virginia native and current Sandy Hook, Connecticut resident Lisa Petrovich sat down with U.S. Attorney Goodwin for a one-on-one conversation about the Sandy Hook tragedy. She offered her personal recollections of several school administrators and teachers who were killed during the December 14, 2012 shooting at Sandy Hook Elementary, where Petrovich was once president of the Parent Teacher Association. Petrovich told attendees that she hopes Americans do not forget Sandy Hook. “Something positive has to happen out of this tragedy,” she said.
West Virginia Superintendent of Schools Dr. James B. Phares, in remarks welcoming summit participants, reiterated the summit’s core message: solutions to school violence must involve more than just the education community and will require cooperation among a wide range of professions and public officials.
The summit’s featured guest speaker was internationally recognized scholar and author Lt. Col. Dave Grossman (ret.). “Children are more likely to die by school violence than every other possible cause of death in schools combined,” Lt. Col. Grossman told the audience. Grossman called for more to be done to protect against school violence. He compared school violence to fatal school fires, which once were commonplace but have been largely eliminated through the universal adoption of fire alarms, fire hydrants and extinguishers, and fire-resistant building materials.Lt. Col. Grossman is an expert on the causes of mass shootings and school violence, as well as a former West Point psychology professor and U.S. Army Ranger.
The summit also featured three panel discussions on school violence. The first of these panels concentrated on how to plan for major incidents of school violence and how to respond if they occur. Panel participants included Maj. Gen. James Hoyer of the West Virginia National Guard; Mark Manchin, Executive Director of the West Virginia School Building Authority; David Hoge, Director of the West Virginia Homeland Security State Administrative Agency; Captain David Lee, Commandant of the West Virginia State Police Academy; and Cabell County Schools Safety Manager Tim Stewart.
The second panel, moderated by Steve Ruby, Counsel to United States Attorney Booth Goodwin, discussed ways to prevent violent attacks from happening in the first place. Panel participants included South Charleston, W.Va. psychologist George Damous; Don Chapman, assistant director of the West Virginia Department of Education’s Office of Healthy Schools; Deputy Scott Jefferson, Wood County Sheriff’s Deputy and Williamstown High School Prevention Resource Officer; Jackie Payne, Director of the West Virginia Division of Child and Adolescent Behavioral Health; and Dr. Christine Schimmel, an assistant professor in the counseling department at West Virginia University’s College of Education and Human Services.
The final panel, led by U.S. Attorney Booth Goodwin, highlighted the perspectives of individuals on the front lines in our schools: principals, teachers, school staff, and students. Panelists were Dr. Jerry Lake, Cabell County Schools; teachers Cari Pauley (Lincoln County Schools) and Susan Brossman (Ohio County Schools); Ashley Donohew, a student at Ripley High School and a U.S. Attorney’s Ambassador for Justice; and Eugenie Taylor, president of the Parent Teacher Organization at Overbrook Elementary School in Kanawha County.
The Summit on West Virginia Safe Schools was co-sponsored by the West Virginia Department of Military Affairs and Public Safety and the West Virginia Division of Justice and Community Services. The summit was also held in partnership with the West Virginia State Police, the West Virginia Department of Education, the West Virginia Center for Professional Development, the West Virginia School Building Authority, and Cabell County Schools.
Officials participating in yesterday’s summit will be compiling a written set of school safety recommendations. Summit officials plan to release the recommendations in the near future. Information will be made available at: www.wvsafeschools.org.
Goodwin Charges Former Chase Bank Executive with EmbezzlementRead the Press Release
CHARLESTON, W.Va. – United States Attorney Booth Goodwin charged a former Charleston-based Chase Bank executive yesterday with embezzlement by a bank employee. According to a court document filed on Feb. 4, Mark McCoy, 46, of Charleston, W.Va., was charged with embezzling thousands of dollars from Chase Bank.
McCoy was employed as the vice president of private client banking services at the bank’s Charleston branch from September 2008 until June 2012. According to an information filed yesterday, during his employment at Chase Bank, McCoy embezzled thousands of dollars of funds belonging to Chase Bank.
McCoy faces up to 30 years in prison and a fine of up to $1 million.
The investigation was conducted by the U.S. Secret Service. Assistant United States Attorney Meredith George Thomas is in charge of the prosecution.
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Wood County Man Sentenced to Prison Time for Violating Federal Sex Offender Registration LawRead the Press Release
HUNTINGTON, W.Va. – U.S. Attorney Booth Goodwin today announced that a Wood County man was sentenced to a year and a half in federal prison followed by 15 years of supervised release for failing to update his sex offender registration under the Sex Offender Registration and Notification Act. Randall K. Taylor, 48, Rockport, Wood County, W.Va., previously pleaded guilty in October 2012.
On February 8, 1991, Taylor was convicted in the Court of Common Pleas, Franklin County, Ohio of gross sexual imposition with specification. As a result of his felony conviction, Taylor was required to register as a sex offender. On June 22, 2011, Taylor registered as a sex offender in the state of Ohio.
An investigation conducted by the United States Marshals Service in the Southern District of West Virginia revealed that Taylor traveled in interstate commerce to Rockport, Wood County, West Virginia, where he resided from September 2011 through May 17, 2012. Taylor admitted that subsequent to his travel to West Virginia, he was required to update his sex offender registration under the Sex Offender Registration and Notification Act. The investigation further revealed that Taylor failed to update his sex offender registration as required by law.The United States Marshals Service and the West Virginia State Police conducted the investigation. Assistant United States Attorney Lisa Johnston handled the prosecution. The sentence was imposed by United States District Chief Judge Robert C. Chambers.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit http://www.justice.gov/usao/wvs/PSCpage.html. For more information about internet safety education, please visit www.usdoj.gov/psc and follow the link named “Resources.”
Three Nicholas County Residents Sentenced to Prison for Methamphetamine Manufacturing ConspiracyRead the Press Release
CHARLESTON, W.Va. – U.S. Attorney Booth Goodwin today announced that three Nicholas County residents were sentenced to federal prison for conspiracy to manufacture methamphetamine. Felicia Bess, 23, of Summersville, Nicholas County, W.Va., was sentenced today to three years in prison. Co-defendant Roy Spinks, Jr., also known as “Brat” 39, of Craigsville, Nicholas County, W.Va., was sentenced on Feb.1st to six years in prison. A third co-defendant, Bratten Smith, 28, of Richwood, Nicholas County, W.Va., was also sentenced on Feb.1st to two years in prison. Spinks admitted that from September 2010 until June 2011, he manufactured methamphetamine using a technique known as the “shake and bake” method. Spinks further admitted that he manufactured the methamphetamine at several different residences located in and around Nicholas County. Co-defendant Bess admitted that from September until June 2011, she cooked methamphetamine using the “shake and bake” method and assisted other individuals, including co-defendant Spinks.
Bratten Smith admitted that from at least February 2011 until May 1, 2011, he assisted co-defendants Spinks and Bess in manufacturing methamphetamine at a residence in Nicholas County, W.Va. Smith further admitted that during the scheme, he supplied pseudoephedrine and other ingredients used to manufacture methamphetamine. In exchange for the meth-making materials, Smith admitted that he received methamphetamine for his personal use.
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 handled the prosecutions. The sentences were imposed by United States District Judge John T. Copenhaver, Jr.
Mingo County Man Sentenced to More Than 4 Years in Federal Prison for Oxycodone PossessionRead the Press Release
HUNTINGTON, W.Va. – U.S. Attorney Booth Goodwin today announced that a Mingo County man was sentenced to four years and two months in federal prison for oxycodone possession. Terry Kevin Steele, 42, of Mingo County, W.Va., previously pleaded guilty in May 2012 to possession with intent to distribute a quantity of oxycodone. On November 17, 2011, deputies with the Cabell County Sheriff’s Department responded to a robbery complaint at the Super 8 Motel in Huntington. At the time, deputies approached the defendant who subsequently consented to a search of his room which he had rented. Law enforcement seized a total of 1,379 oxycodone tablets in varying strengths as well as a .38 caliber revolver. Steele admitted that he possessed the oxycodone tablets and intended to sell the tablets to individuals in Mingo County.
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.
The Cabell County Sheriff’s Department and the Huntington Violent Crime and Drug Task Force conducted the investigation. Assistant United States Attorney Joseph F. Adams handled the prosecution. The sentence was imposed by United States District Chief Judge Robert C. Chambers.
Fayette County Man Sentenced to 5 Years in Federal Prison for Illegal Oxycodone DistributionRead the Press Release
CHARLESTON, W.Va. – U.S. Attorney Booth Goodwin announced today that a Fayette County man was sentenced to five years in federal prison for distribution of oxycodone. Kenneth James Taylor, 32, Page, Fayette County, W.Va., previously pleaded guilty in November 2012. Taylor admitted that on March 21, 2012, he sold three 30-milligram oxycodone pills to an individual cooperating with law enforcement authorities. Taylor further admitted that the illegal pill transaction took place at his Fayette County residence. He also admitted further involvement in drug trafficking.
The West Virginia State Police Bureau of Criminal Investigations 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 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.
Nicholas County Man Sentenced to 5 Years in Federal Prison for Selling Prescription PainkillersRead the Press Release
Bryant admitted to selling powerful painkillers from his Nicholas Co. auto care business
CHARLESTON, W.Va. – U.S. Attorney Booth Goodwin announced today that a Nicholas County man was sentenced to five years in federal prison for selling morphine. Ralph Donald Bryant II, 41, of Summersville, Nicholas County, W.Va., previously pleaded guilty in September 2012 to distribution of morphine. Bryant admitted that on August 4, 2010, he sold one morphine tablet to an individual cooperating with law enforcement authorities in exchange for $120. Bryant further admitted that the illegal pill transaction took place at his auto care business located in Summersville. The defendant also admitted that from the fall of 2007 until April 11, 2011, he distributed multiple controlled substances including oxymorphone and oxycodone in and around the Nicholas County area.
The Central West Virginia Drug Task Force conducted the investigation. Assistant United States Attorney John Frail handled the prosecution. The sentence was imposed by United States District Judge Thomas E. Johnston.
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.
Charleston Man Sentenced to 6 Years in Federal Prison as Part of Yearlong Drug Crackdown on Charleston’s West SideRead the Press Release
Saunders is the second defendant to be sentenced recently as part of Charleston’s West Side DMI initiative
CHARLESTON, W.Va. – U.S. Attorney Booth Goodwin today announced that a Charleston man was sentenced to six years in federal prison for distributing crack cocaine. Matthew Saunders, 20, of Charleston, previously pleaded guilty in October 2012.
Saunders admitted that on June 30, 2011, he sold a quantity of crack cocaine to a confidential informant working with the Metropolitan Drug Enforcement Network Team (MDENT) in exchange for $1,200. Saunders further admitted that on July 7 and July 14, 2011, he sold a quantity of crack cocaine to an informant. All of the illegal transactions occurred near Grant and Russell Streets in Charleston.
On July 18, 2011, law enforcement officers seized crack cocaine from a residence in Charleston. Saunders admitted that he had arranged to sell two ounces of the crack cocaine that was seized by law enforcement. Saunders was apprehended prior to arriving at the residence to obtain the crack cocaine.The suspected crack cocaine base from the three controlled buys and the quantity of crack cocaine seized from the search of the residence was submitted to the West Virginia State Police Laboratory for analysis and proved to be crack cocaine weighing 23.2 grams, 22.9 grams, and 27.2 grams, respectively. Saunders admitted that he was responsible for selling a total of 142.23 grams of crack cocaine.
Last Friday, Fred Taylor, 23, of Charleston, was sentenced to five years in prison for distributing crack cocaine. Taylor was prosecuted as part of the Charleston area’s Drug Market Intervention (DMI) initiative.
The Saunders case was also prosecuted as part of the Charleston area’s Drug Market Intervention (DMI) initiative. The DMI initiative was launched in February 2012 by Charleston Police Chief Brent Webster and U.S. Attorney Booth Goodwin, in collaboration with Kanawha County Prosecuting Attorney Mark Plants, other federal, state, local law enforcement agencies and leaders representing several West Side community development organizations. The DMI initiative was initiated in Charleston as a strategic problem-solving effort aimed at closing down open-air drug markets that breed crimes of violence and disorder.
The Metropolitan Drug Enforcement Network Team (MDENT) conducted the investigations. Assistant United States Attorney John Frail handled the prosecution.
Huntington Man Pleads Guilty to Federal Heroin ChargeRead the Press Release
CHARLESTON, W.Va. – U.S. Attorney Booth Goodwin announced that a Huntington man pleaded guilty to aiding and abetting the possession with intent to distribute a quantity of heroin. Stephen Michael Hopkins, 36, of Huntington, admitted to the charge in federal court on Jan. 30.
On March 16, 2011, officers with the Charleston Police Department responded to a call near the 2600 block of 6th Avenue in Charleston. Upon arriving at the scene, officers approached Hopkins and his known associate. Both Hopkins and his associate were sitting inside of a parked vehicle at the time. A responding officer asked Hopkins and his associate to step out of the vehicle. Hopkins, who admitted that he refused to obey the order given by law enforcement, turned the vehicle on and drove away. Law enforcement officers pursued the defendant and his associate as they fled. During the pursuit, Hopkins lost control of his vehicle and crashed at the intersection of 7th Street and Iowa Street in Charleston. Hopkins and his associate attempted to flee on foot, but were eventually arrested by officers. Officers conducted a search of the vehicle and recovered a plastic bag underneath the driver’s seat of the vehicle. The bag contained $10,920 in cash, suspected heroin, and suspected marijuana. The suspected heroin was submitted to the West Virginia State Police lab for testing and was found to be heroin weighing 26.6 grams.
Hopkins faces up to 20 years in prison and a $1 million fine when he is sentenced on May 2, 2013 by United States District Judge John T. Copenhaver, Jr.
The Charleston Police Department conducted the investigation. Assistant United States Attorney Monica D. Coleman is in charge of the prosecution.
Mercer County Man Pleads Guilty to Illegal Distribution of Prescription PainkillersRead the Press Release
BLUEFIELD, W.Va. – U.S. Attorney Booth Goodwin announced that a Mercer County man pleaded guilty on Jan. 29 in federal court to distribution of hydromorphone. Trusby Hubbard also known as “Red,” 34, of Bluefield, Mercer County, W.Va., admitted that on August 16, 2012, he sold two hydromorphone pills to a person cooperating with law enforcement authorities. Hubbard also admitted that during the illegal transaction, he possessed an additional 15 hydromorphone pills. The illegal pill transaction took place at the defendant’s Bluefield residence.
The defendant also admitted that he was responsible for distributing a total of no more than 17 hydromorphone pills.
Hubbard faces up to 20 years in prison and a $1 million fine when he is sentenced on April 26, 2013 by United States District Senior Judge David A. Faber.
The Southern Regional Drug and Violent Crime Task Force handled the investigation. Assistant United States Attorney John File is in charge of the prosecution.
The case is being brought as part of the Bluefield Pill Initiative. 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.
Charleston Man Pleads Guilty in Federal Court to Possession of Child PornographyRead the Press Release
CHARLESTON, W.Va. – U.S. Attorney Booth Goodwin announced today that a Charleston man pleaded guilty in federal court to possession of child pornography. Jonathan Douglas Layne, 54, admitted that on February 21, 2008, he knowingly possessed on his computer more than 600 images and videos depicting minors engaged in sexually explicit conduct, that is actual or simulated sexual intercourse and the lascivious exhibition of the genitals and pubic area of the minors. Layne admitted that he knew the images and videos constituted child pornography. The defendant also admitted that many of the images depicted prepubescent minors. Layne lived in St. Albans, West Virginia at the time the crime occurred.
Layne also admitted that in or about October 1987, he committed two or more crimes involving sexual abuse of a minor. Layne was previously convicted in June 1989 in the Circuit Court of Kanawha County, West Virginia of first degree sexual abuse involving a minor.
Layne faces a mandatory minimum of 10 years and up to 20 years in prison because of his previous conviction in 1989 in the Circuit Court of Kanawha County of first degree sexual abuse involving a minor. Layne also faces a $250,000 fine when he is sentenced on May 2, 2013 by United States District Judge John T. Copenhaver, Jr.
The U.S. Marshals Service, the West Virginia State Police, the West Virginia State Police Internet Crimes Against Children Task Force, the Kanawha County Sheriff’s Department, and the Federal Bureau of Investigation West Virginia Cyber Crimes Task Force conducted the investigation. Assistant United States Attorney Lisa Johnston is in charge of the prosecution.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit http://www.justice.gov/usao/wvs/PSCpage.html. For more information about internet safety education, please visit www.usdoj.gov/psc and follow the link named “Resources.”
Columbus Man Sentenced to Prison for Selling Crack Cocaine in McDowell County, W.va.Read the Press Release
BLUEFIELD, W.Va. – U.S. Attorney Booth Goodwin announced that a Columbus man was sentenced on Jan. 29 to one year in federal prison for distributing a quantity of crack cocaine. Thomas Jennings, 53, admitted that on June 28, 2012, he sold a quantity of crack cocaine to a person cooperating with law enforcement authorities. The illegal transaction took place at a residence in Maybeury, McDowell County, W.Va. Jennings also admitted that on June 27, 2012, he sold a quantity of crack cocaine and two morphine pills. The defendant further admitted to selling a quantity of crack cocaine on July 2, 2012.
The West Virginia State Police Bureau of Criminal Investigation and the Southern Regional Drug and Violent Crime Task Force handled the investigation. Assistant United States Attorney John File handled the prosecution. The sentence was imposed by United States District Senior Judge David A. Faber.
The case was brought as part of the Bluefield Pill Initiative. 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.
Mount Olive Inmate Pleads Guilty to Mailing Threatening CommunicationsRead the Press Release
CHARLESTON, W.Va. – U.S. Attorney Booth Goodwin announced today that a Mt. Olive Correctional Complex inmate pleaded guilty in federal court for mailing threatening communications. Joseph Michael Pettaway, 38, admitted that beginning around 2000 and continuing until 2012, he wrote several letters that contained threats to harm a former acquaintance.
Specifically, Pettaway admitted that on approximately October 6, 2011, he mailed a letter to his former acquaintance. The defendant was incarcerated Mt. Olive Correctional Complex at the time the letter was mailed. Pettaway admitted that the letter contained descriptions of violent acts that he intended to commit, including beating and raping his former acquaintance, following his release from prison. The letter was mailed from Mount Olive Correctional Complex and delivered to the individual’s Huntington residence.
Pettaway admitted that along with the letter was an attached violation report containing information about an incident at the prison. The violation report provided details of an incident in which the defendant was reprimanded for throwing boiling water onto another inmate. The inmate suffered second degree burns as a result of the incident.
Pettaway faces up to five years in prison and a $250,000 fine when he is sentenced on May 1, 2013 by United States District Judge John T. Copenhaver, Jr.
The FBI conducted the investigation. Assistant United States Attorney Blaire Malkin is in charge of the prosecution.
Kanawha County Man Pleads Guilty to Illegal Firearm PossessionRead the Press Release
CHARLESTON, W.Va. – U.S. Attorney Booth Goodwin today announced that a Kanawha County man pleaded guilty in federal court to illegal possession of a firearm. Scott Allen Perry, 42, of South Charleston, Kanawha County, W.Va., was charged in a one-count indictment in October 2012. Perry admitted that on July 2, 2012, he possessed a shotgun that contained a barrel of less than 18 inches and an overall length less than 26 inches that was not registered to him in the National Firearms Registration and Transfer Record.
Perry faces up to 10 years in prison and a $250,000 fine when he is sentenced on April 25, 2013 by United States District Judge John T. Copenhaver, Jr.
The investigation was conducted by the South Charleston Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). Assistant United States Attorney Monica D. Coleman is in charge of the prosecution.
This case is also 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.
Fayetteville Mine Safety Trainer Sentenced to 3 Years’ Probation for Cocaine DistributionRead the Press Release
CHARLESTON, W.Va. – United States Attorney Booth Goodwin announced that a Fayetteville man was sentenced on Jan. 24 to three years’ probation for cocaine distribution. Gerald Wayne Hopkins, 52, of Fayetteville, Fayette County, W.Va., a mine safety instructor, admitted that on February 1, 2012, he sold 2.94 grams of cocaine to an individual cooperating with law enforcement authorities. Hopkins further admitted that the illegal transaction took place at his Fayetteville residence, where he conducted his mine safety training courses.
The Court also ordered Hopkins to pay a $500 fine.
The investigation was conducted by the West Virginia State Police. Assistant United States Attorney John File handled the prosecution. The sentence was imposed by United States District Judge John T. Copenhaver, Jr.
Charleston Man Sentenced to Five Years in Prison for Selling Crack CocaineRead the Press Release
Defendant Listed Among Charleston’s West Side DMI Offenders
CHARLESTON, W.Va. – U.S. Attorney Booth Goodwin today announced that a Charleston man was sentenced to five years in prison for distributing crack cocaine. Fred Taylor, 23, of Charleston, admitted that on December 1, 2010, he sold a quantity of crack cocaine to a confidential informant working for the Metropolitan Drug Enforcement Network Team (MDENT). Taylor further admitted that on December 7, 2010, he sold crack cocaine to an informant working for MDENT. Both illegal drug transactions took place in Charleston.
On December 22, 2010, MDENT officers executed a search warrant at an apartment shared by the defendant and his associate located on Hutchinson Street in Charleston. Officers located and seized a quantity of crack cocaine, two sets of scales and approximately $2,474 cash.
The Metropolitan Drug Enforcement Network Team (MDENT) conducted the investigation. Assistant United States Attorney Joshua Hanks handed the prosecution. The sentence was imposed by United States District Judge John T. Copenhaver, Jr.
This case was prosecuted as part of the Charleston area’s Drug Market Intervention (DMI) initiative. The DMI initiative was launched in February 2012 by Charleston Police Chief Brent Webster and U.S. Attorney Booth Goodwin, in collaboration with Kanawha County Prosecuting Attorney Mark Plants, other federal, state, local law enforcement agencies and leaders representing several West Side community development organizations. The DMI initiative was initiated in Charleston as a strategic problem-solving effort aimed at closing down open-air drug markets that breed crimes of violence and disorder.
U.S. Attorney and Metro Drug Unit Commander Visit Lincoln County Schools to Discuss the Effects of Illegal Drug UseRead the Press Release
HAMLIN, W.Va. – United States Attorney Booth Goodwin and Metropolitan Drug Enforcement Network Team (MDENT) Commander Chad Napier today met with faculty and students from Duval Middle School and Lincoln County High School in Hamlin, Lincoln County, W.Va. to talk about the dangers and consequences of illegal drug use. The school visits provided law enforcement officials with the opportunity to talk one-on-one with students and faculty about the consequences associated with the region’s prescription drug abuse epidemic.
Prescription drug abuse is one of the leading sources of crime in the Southern District of West Virginia.
U.S. Attorney Booth Goodwin said, “"Education and awareness are the most essential tools that we have in our toolbox."Goodwin stated that reaching young people as early as possible is one of the most important ways to turn the tide against our state's prescription drug epidemic.
"The Metro Drug Unit saw a five-fold increase in illegal heroin seizure's in a year's time.” Goodwin continued, “That staggering statistic alone illustrates the battle that we are facing with opiate-based drugs. It is critical that students understand how incredibly addictive these substances can be if they head down the destructive path of drug abuse."
According to the Office of National Drug Control Policy, 2,500 youth (age 12 to 17) abuse a prescription pain reliever for the very first time every day. The Office of National Drug Control Policy research also found that the vast majority of teenagers abusing prescription drugs get them from friends or relatives.
MDENT Commander Lt. Chad Napier stated that Lincoln County has been particularly hard-hit by the prescription drug crisis.Lt. Napier said, "We are losing an entire generation to prescription drug abuse. If today's presentation reached just one student, then it was well worth the effort."
In November 2012, Goodwin and Napier also visited schools in Boone County as part of an ongoing awareness initiative led by the U.S. Attorney’s Office for the Southern District to educate faculty and students about the dangers of prescription drug abuse. Goodwin and Napier have also previously visited several schools in Jackson County as part of the awareness effort.
Lincoln County Man Sentenced to 3 Years in Federal Prison for Illegal Firearm PossessionRead the Press Release
CHARLESTON, W.Va. – U.S. Attorney Booth Goodwin announced today that a Lincoln County man was sentenced to three years in federal prison followed by three years of supervised release for being a felon in possession of a firearm. George Wayne Taylor, 56, of Hamlin, W.Va., admitted that on August 7, 2007, he was observed holding a shotgun at a relative’s residence located in Alkol, Lincoln County, W.Va. Taylor further admitted that at the time he possessed the firearm, he stole metal roofing from the Lincoln County residence. An individual present during the incident photographed the defendant in possession of the firearm. Taylor also admitted firing the shotgun after being photographed.
Law enforcement officers later recovered four stolen firearms and the stolen metal roofing from the defendant’s residence in Hamlin, W.Va.
Taylor was previously convicted in March 1997 in Pike County Court in the Commonwealth of Kentucky, of theft by unlawful taking of $300 or more. Taylor’s right to possess a firearm by August 8, 2007 had not been restored.
The investigation was conducted by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). Assistant United States Attorney William King handled the prosecution. The sentence was imposed by United States District Judge Thomas E. Johnston.
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 networking existing local programs targeting gun crime.
Huntington Man Sentenced to 2 Years in Federal Prison for Oxycodone Distribution SchemeRead the Press Release
CHARLESTON, W.Va. – U.S. Attorney Booth Goodwin announced today that a Huntington man was sentenced to two years in federal prison for aiding and abetting the possession with intent to distribute oxycodone. Rayshawn Allah Wells, 22, previously pleaded guilty in September 2012. Wells admitted that on April 14, 2010, he and an associate distributed approximately 2 ½ 80-milligram oxycodone pills to a confidential informant working with the U.S. 119 Task Force. Wells further admitted that on April 14, 2010, he and an associate distributed three 80-milligram oxycodone pills to an informant. Wells admitted that both illegal pill transactions occurred in Holden, Logan County, W.Va.
On April 14, 2010, members of the U.S. 119 Task Force executed a search warrant at a Holden residence and arrested the defendant and other known individuals. At the time the search warrant was executed, law enforcement agents seized approximately 127 80-milligram tablets. The defendant admitted that he had $1,040 cash on his person that included bills used in earlier controlled transactions.
Wells admitted that he and co-defendant Kawan Michael Wells brought oxycodone pills from Huntington, W.Va. to Logan County for the purpose of distributing them. Kawan Wells, 24, previously pleaded guilty to aiding and abetting the possession with intent to distribute oxycodone. Kawan Wells was sentenced in December 2012 to five years’ probation.
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.
The U.S. 119 Task Force conducted the investigation. Assistant United States Attorney Joshua Hanks handled the prosecution. The sentence was imposed by United States District Judge Thomas E. Johnston.
Huntington Couple Sentenced to Federal Prison for Illegal Firearm PossessionRead the Press Release
HUNTINGTON, W.Va. – United States Attorney Booth Goodwin announced today that a Huntington couple was sentenced to federal prison for illegal firearm possession. Steven Ray Pauley, 32, of Huntington, was sentenced to two and a half years in prison for being a felon in possession of a firearm. Pauley previously pleaded guilty September 2012. On June 11, 2012, the defendant was observed outside of Coaches Inn Motel in West Huntington in possession of a firearm. Officers with the Huntington Police Department and the ATF approached the defendant and found a loaded .38 caliber revolver on the defendant’s waistband. Pauley was arrested.
Steven Pauley was convicted in July 2003 in the Circuit Court of Cabell County of felony first degree robbery and did not have his rights to possess a firearm restored.
In a related matter, Pauley’s wife and co-defendant, Molly Sue Pauley, 41, of Huntington, was sentenced to three years and two months in prison for aiding and abetting a felon in possession of a firearm. Molly Pauley previously pleaded guilty in September 2012. Ms. Pauley admitted that on June 11, 2012, she illegally possessed a .38 caliber firearm. Ms. Pauley further admitted that she met Steven Pauley in the 800 block of 25th Street in Huntington and gave him the firearm. Ms. Pauley admitted that she was aware that her husband was prohibited from possessing a firearm because of a prior felony conviction.
Ms. Pauley was also prohibited from possessing firearms because of her January 2001 conviction in the Circuit Court of Wayne County (W.Va.) for attempt to commit a felony. Ms. Pauley was also previously convicted of theft of property in the Circuit Court of Hamblen County, Tennessee in November 2005 and felony theft of property in the Circuit Court of Montgomery County, Alabama in July 2009.
The investigation was conducted by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and the Huntington Police Department River Cities Gun Crimes Task Force. Assistant United States Attorney Joseph F. Adams handled the prosecutions. The sentences were imposed by United States District Chief Judge Robert C. Chambers.
The cases were 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.
U.S. Attorney's Office to Host School Safety Summit on February 6thRead the Press Release
Educators and law enforcement to address practical steps against school violence; Pulitzer-prize nominated expert and author to speak
CHARLESTON, W.Va. - United States Attorney Booth Goodwin today announced that the United States Attorney's Office for the Southern District of West Virginia will host a Summit on West Virginia Safe Schools on Wednesday, February 6, 2013, beginning at 9 a.m. at the Culture Center, State Capitol Complex in Charleston. The summit will bring together educators and law enforcement officials, who will jointly consider practical steps to prevent and prepare for school violence. Dr. James Phares, West Virginia Superintendent of Schools, will speak at the summit's morning session.
The summit will feature a morning address by internationally recognized scholar, author, and speaker Lt. Col. Dave Grossman (ret.), an expert on the causes of mass shootings and school violence. Lt. Col. Grossman is a former nominee for the Pulitzer Prize in non-fiction for his work on the psychology of violence.
In addition, three panels of experts from around West Virginia will address issues in school safety. Following the summit, participants will develop a written set of school safety recommendations for the education and law enforcement communities.
"The goal of this summit is to answer two very practical questions," said U.S. Attorney Booth Goodwin. "First, how do we identify potentially violent situations in schools and handle them before something bad happens? Second, what should our schools and first responders be doing to prepare in case the unthinkable comes to pass?"
"The tragedy last month at Sandy Hook Elementary was heartbreaking, and it's still very much on all our minds," Goodwin continued. "This summit is a chance to develop specific steps that we can take, right now, at the local level, to prevent school violence and to be as prepared as possible. I invite anyone who's interested in safer schools to join us on February 6 and participate in the discussion."
Lt. Col. Dave Grossman (ret.), a former West Point psychology professor and U.S. Army Ranger, is a leading expert in the field of human aggression and the causes of violence and violent crime. He has presented papers before the national conventions of the American Medical Association, the American Psychiatric Association, the American Psychological Association, and the American Academy of Pediatrics. Lt. Col. Grossman has been involved in the response to numerous school shootings, including the tragedies at Columbine and Virginia Tech. He will speak to summit participants at 9:30 a.m.
Three panels of experts from around West Virginia will address an array of issues related to school violence. The first panel will focus on how to identify and address potentially violent situations. The second will concentrate on planning by schools and by law enforcement agencies for what to do if violence occurs. The third will emphasize the perspectives of those on the front lines of these issues: principals, teachers, counselors, law enforcement officers, and students.
Participants in the three panel discussions will include Mark Manchin, Executive Director of the West Virginia School Building Authority, as well as representatives of the West Virginia Department of Education, the West Virginia Department of Military Affairs and Public Safety, and the West Virginia State Police.
The Summit on West Virginia Safe Schools is being co-sponsored by the West Virginia Department of Military Affairs and Public Safety and the West Virginia Division of Justice and Community Services. The Summit is also being held in partnership with the West Virginia State Police, the West Virginia Department of Education, the West Virginia Center for Professional Development, the West Virginia School Building Authority, and Cabell County Schools.
The February 6th summit is open to educators and law enforcement personnel, and to the public. Individuals interested in attending may register at www.wvsafeschools.org. Seating is limited, so those interested are encouraged to register well in advance.
For questions regarding the Safe Schools Summit, please call Deanna Eder at: 304-345-2200 or 800-659-8726.
Former Upper Big Branch Mine Superintendent Sentenced to PrisonRead the Press Release
IN CONNECTION WITH A FEDERAL INVESTIGATION AT UPPER BIG BRANCH
BECKLEY, W.Va. – Upper Big Branch Mine (UBB) superintendent Gary May was sentenced today to 21 months in prison in connection with a federal investigation at the former Massey Energy Company’s UBB Mine, announced U.S. Attorney Booth Goodwin. Gary May, 43, of Bloomingrose, West Virginia, previously pleaded guilty in March 2012 to conspiracy to impede the Mine Safety and Health Administration's (MSHA) enforcement efforts at UBB between February 2008 and April 5, 2010. Upper Big Branch was the site of a fatal explosion on April 5, 2010 that killed 29 miners. May was the mine's Superintendent at the time of the explosion.
In February 2012, United States Attorney Booth Goodwin filed a one-count information against May, charging him with conspiracy to defraud the United States by impeding MSHA in carrying out its lawful functions, a felony violation of 18 U.S.C. § 371.
U.S. Attorney Booth Goodwin said, "With this sentence, Judge Berger took the opportunity to send a powerful message to this mine manager and other mine managers who would put profits over safety: if you violate mine laws and put miners at risk you will go to jail."
May admitted that he and others conspired to impede MSHA in administering and enforcing mine health and safety laws at UBB. He acknowledged giving advance warning of MSHA inspections, often using code phrases to avoid detection. May also admitted to concealing health and safety violations when he knew inspections were imminent. The violations concealed included poor airflow in the mine; piles of loose, combustible coal; and scarcities of rock dust, which prevents mine explosions.
May further acknowledged that he ordered a mine examination book to be falsified. He also said he told miners to rewire the methane gas detector on a piece of mine equipment so the equipment could run illegally.
The Court also ordered May to pay a $20,000 fine. May was also sentenced to three years of supervised release.
In sentencing May, United States District Judge Irene C. Berger emphasized that his actions risked catastrophic consequences. Judge Berger said that the sentence should send a message to any mine official who might put business interests ahead of safety laws.
The Federal Bureau of Investigation and the United States Department of Labor's Office of Inspector General conducted the investigation. Counsel to the United States Attorney Steve Ruby handled the prosecution.
North Carolina Man Sentenced to Nearly 4 Years in Federal Prison for Illegal Firearm PossessionRead the Press Release
HUNTINGTON, W.Va. – U.S. Attorney Booth Goodwin today announced that a North Carolina man was sentenced to three years and one month in federal prison for illegal firearm possession. Jason Alexander Thompson, 28, of Charlotte, N.C., previously pleaded guilty in October 2012 to being a felon in possession of a firearm. On December 23, 2010, members of the Huntington Police Department were dispatched to the 1200 block of 28th Street in Huntington for a call reporting a prowler. When officers arrived at the scene, they observed the defendant in the area. Thompson admitted that at the time, he removed a .25 caliber pistol from his jacket pocket and threw it to the ground as officers approached.Thompson was prohibited from possessing firearms because of his August 2003 felony conviction in the United States District Court for the Southern District of West Virginia for possession with intent to distribute crack cocaine.
The Court noted that the defendant was on supervised release at time of the offense and therefore sentenced the defendant to an additional 10 months’ imprisonment for total of 47 months in prison.
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 Huntington Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) conducted the investigation. Assistant United States Attorney Joseph F. Adams handled the prosecution. The sentence was imposed by United States District Judge Robert C. Chambers.
Mason County Man Gets Federal Prison Time for Illegally Dumping Raw SewageRead the Press Release
HUNTINGTON, W.Va. – U.S. Attorney Booth Goodwin today announced that a Mason County man was sentenced to a year and a half in federal prison for dumping a pollutant into waters of the United States without a permit. Frank Zuspan, 61, of Mason County, W.Va., previously pleaded guilty in September 2012. Zuspan admitted that in or about December 2010, he took a 2400-gallon sewage hauling truck to property in Mason County, W.Va. and illegally dumped sewage onto the property. Zuspan further admitted that the sewage was dumped into a lake and stream watershed in Mason County that connected to the Ohio River. The defendant also admitted that he discharged untreated sewage onto the Mason County property on multiple occasions between November 2010 and February 2011.
“You can’t pour raw sewage into your neighbors’ water supply,” said U.S. Attorney Goodwin. “It’s dangerous and it’s illegal, for obvious reasons. People should know better.”
“Today’s sentencing proves that anyone who damages the environment and puts the public at risk will be vigorously prosecuted,” said David G. McLeod, Jr., Special Agent in Charge of EPA’s criminal enforcement program in West Virginia.
The Environmental Protection Agency conducted the investigation. Assistant United States Attorney Erik S. Goes and Special Assistant United States Attorney Perry McDaniel handled the prosecution. The sentence was imposed by United States District Judge Robert C. Chambers.
Logan County Pill Dealers Plead Guilty to Federal Charges in Connection with an Oxycodone Distribution SchemeRead the Press Release
Brothers admit distributing a total of more than 7,000 prescription pain pills during conspiracy
CHARLESTON, W.Va. – U.S. Attorney Booth Goodwin announced that two men pleaded guilty (Jan. 15) for their role in an illegal oxycodone distribution scheme. Michael Ray Fortuna, 45, of Peach Creek, Logan County, W.Va., pleaded guilty to conspiracy to distribute oxycodone. Fortuna’s brother and co-defendant Ronald Fortuna, 36, also of Peach Creek pleaded guilty in a separate hearing to conspiracy to distribute oxycodone.
Michael Fortuna admitted that from at least the summer of 2008 until August 18, 2011, he was involved in the distribution of prescription drugs – including oxycodone and alprazolam, also known as “Xanax,” in and around Logan County, W.Va. Michael Fortuna further admitted that he obtained oxycodone from Florida and on some instances, he or others at his direction would travel to Florida and bring oxycodone back to Logan County. Fortuna also admitted that sources of supply located in Florida mailed shipments of oxycodone to his address in Logan County, W.Va.
On April 29, 2011, investigators from the United States Postal Inspection Service executed a federal search warrant on a package addressed to Michael Fortuna. The package contained 1,789 30-milligram oxycodone tablets and bore a fictitious return address and had been shipped from Palm Bay, Fla. Investigators approached Michael Fortuna as he arrived at the Peach Creek Post Office in Logan, West Virginia to pick up the package. Michael Fortuna admitted that he had received a total of three such packages from Florida in April 2011. Additionally, Fortuna admitted that he mailed cash to his source of supply in Florida as payment for the packages. The defendant mailed one package that contained at least $30,000.
Ronald Fortuna admitted flying to Florida with two other individuals in late June or early July 2011 in order to obtain oxycodone. On July 3, 2011, investigators from the Multi-Agency Diversion Task Force in Palm Beach County, Florida arrested one of Ronald Fortuna’s companions at the West Palm Beach Airport as the men were attempting to board their return flight. The companion was found to be smuggling 1,377 30-milligram oxycodone tablets. The individual cooperated with law enforcement and stated that he, Ronald Fortuna, and the other man had been sent to Florida by Michael Fortuna to pick up the pills. He identified Michael Fortuna as the head of a drug trafficking organization that obtained oxycodone from Palm Beach County, Fla. and distributed the pills in Logan County, W.Va. The cooperating source admitted that he had been recruited to carry oxycodone pills on his person during a return flight to West Virginia.
Michael Fortuna admitted that he distributed a total of at least 4,955 30-milligram oxycodone tablets during the scheme.
Ronald Fortuna admitted that from at least the summer of 2009 until late summer 2011, he regularly sold oxycodone tablets from his Peach Creek residence located in Logan County, W.Va. Ronald Fortuna also admitted that on or about November 10, 2010, he sold four 30-milligram oxycodone tablets to an informant working for the U.S. 119 Task Force. The transaction occurred at a Peach Creek residence in Logan County.
Ronald Fortuna further admitted that he distributed a total of approximately 2,500 30-milligram oxycodone tablets during the scheme.
Both defendants face up to 20 years in prison and a $1 million fine when they are sentenced on May 2, 2013 by United States District Judge Thomas E. Johnston.
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.
The Drug Enforcement Administration Task Force, the United States Postal Inspection Service and the Logan County Sheriff’s Department conducted the investigation. Assistant United States Attorney Joshua Hanks is in charge of the prosecutions.
Detroit Man Sentenced to Federal Prison for Heroin PossessionRead the Press Release
HUNTINGTON, W.Va. – U.S. Attorney Booth Goodwin announced today that a Detroit man was sentenced to two years and three months in federal prison for heroin possession. Gerald L. Height, also known as “Tim Lewis,” 37, of Detroit, previously pleaded guilty in September 2012 to possession with intent to distribute heroin.
On March 12, 2012, law enforcement agents with the Huntington Violent Crime and Drug Task Force observed the defendant enter a vehicle at the Greyhound bus station in Huntington. Law enforcement agents were conducting surveillance at the Greyhound location at the time. Officers performed a traffic stop on the vehicle and a Huntington Police Department K-9 gave a positive indication of the presence of drugs. Officers discovered a total of 62 bags of heroin with a weight of 35.5 grams in the defendant’s suitcase. Height admitted to possessing the heroin for distribution.
The Huntington Violent Crime and Drug Task Force, the Huntington Police Department and the Barboursville Police Department conducted the investigation. Assistant United States Attorney Gregory McVey handled the prosecution. The sentence was imposed by United States District Judge Robert C. Chambers
West Virginia Attorney Sentenced to Federal Prison Time for Tax EvasionRead the Press Release
Mullins failed to pay more than $389,000 in taxes; defendant also overbilled public defender program by nearly a quarter of a million dollars
BECKLEY, W.Va. – U.S. Attorney Booth Goodwin announced today that West Virginia attorney Charles B. Mullins II was sentenced to 18 months in federal prison for tax evasion. Mullins, 52, of Daniels, Raleigh County, W.Va., previously pleaded guilty in August 2012. Mullins admitted that for years 2006-2009, he failed to pay more than $389,000 in taxes. Mullins also admitted that he owes the state public defender program $223,605 and Alabama-based Daniels Capital Corporation (“DCC”) $184,030 by making false statements concerning the amount of work he did on court-appointed criminal defense work.
U.S. Attorney Booth Goodwin stated, "Lawyers hold a position of public trust. When that trust is broken, the public and the legal profession suffer. It is particularly disappointing when a member of the bar is convicted of wrongdoing. The sentence of the court in this case will hopefully send a clear message that such conduct cannot be tolerated.”
Mullins practiced law in Pineville, Wyoming County, W.Va. Mullins admitted that he deposited money into his client trust account, which included legal fees, reimbursements from settlements for private clients, as well as his personal income. Mullins further admitted that he then wrote checks for his personal use directly from his law office’s client trust account. Mullins admitted that on his federal income tax returns, he did not report as income the money that he used personally from his law office’s trust account. Mullins also admitted that he did not provide the client trust account ledgers to his accountant to aid in the preparation of his taxes. In an effort to conceal the personal expenditures from his trust account, Mullins had employees falsely assign personal expenses to a random client in his trust account computer software program. In the operating account, which he provided to his accountant, Mullins classified personal expenses as business expenses, which were deducted from his income.
Among other types of cases, he represented indigent clients in state criminal matters pending in Wyoming, Mercer and McDowell counties. As a normal practice, after a case was completed, Mullins submitted a payment voucher form to the Circuit Court Judge in the case for approval. The Circuit Court Judge reviewed the payment voucher and signed a court order authorizing payment. Mullins then submitted the court order to the West Virginia Public Defender Services (“WVPDS”) for payment.
Mullins entered into a cash-advance agreement with Daniels Capital Corporation (“DCC”), a corporation headquartered in Birmingham, Alabama, to expedite his payments. In exchange for prompt payments less a small percentage, Mullins assigned his right to full payment from WVPDS to DCC. In essence, Mr. Mullins would fax DCC a form listing the amount ordered by the circuit court, or the amount he expected that the circuit court would order. DCC would wire Mr. Mullins the reimbursement less a percentage that same day or the next day. When WVPDS eventually processed the same payment voucher, WVPDS would pay DCC directly the full amount.
Beginning in March 2005 and at least until June 2011, Mullins submitted false payment vouchers to the WVPDS. Mullins admitted that he inflated the amount of hours he worked on particular cases. Mullins then submitted the vouchers to the Circuit Court, which would in turn submit them to WVPDS by the Clerk of Court.
Mullins also admitted that he submitted false payment vouchers to DCC which represented that he had performed or would perform work on cases and that the court would order payment in a certain amount. Mullins knew that he did not perform such work.
Between March 2005 and June 2011, Mullins reported to WVPDS that he worked more than 24 hours in a single day on numerous occasions, and frequently overbilled WVPDS for work he performed.
Mullins admitted that he owes the WVPDS $223,605. Mullins also agreed he owed Daniels Capital $184,750.85.The court ordered the defendant to pay restitution in the amount of $780,146.51. The defendant owes $184,030.85 to Daniels Capital Corporation; $223,605 to the West Virginia Public Defenders Services; and $372,510.66 to the IRS.
In a similar matter, former attorney Christopher B. Bledsoe, 33, was sentenced in February 2012 to 18 months in federal prison for wire fraud. Bledsoe admitted to a similar scheme in which he falsified payment vouchers for court-appointed criminal defense work.
The Bledsoe case was brought as part of an investigation by the West Virginia Commission on Special Investigations into false and fraudulent billings submitted by attorneys for services performed in appointed criminal matters.
This case was handled by Assistant United States Attorney Meredith George Thomas and investigated by the Internal Revenue Service and the West Virginia Commission on Special Investigations. The sentence was imposed by United States District Judge Irene C. Berger.
Tennessee Man Sentenced to More Than 7 Years in Federal Prison for Selling Prescription PainkillersRead the Press Release
Defendant admits to distributing a total of more than 3000 pills during illegal scheme
BECKLEY, W.Va. – U.S. Attorney Booth Goodwin announced that a Tennessee man was sentenced (Jan.10) to seven years and three months in federal prison for conspiracy to distribute oxycodone. Doneven S. Bailey Jr., 49, of Chattanooga, Tenn., admitted that from June 8, 2011 until February 3, 2012, he conspired with a known associate to illegally distribute oxycodone pills in and around Beaver, Raleigh County, W.Va. Bailey further admitted that on several occasions, he and his associate transported oxycodone pills from the Chattanooga, Tennessee area to sell in and around Beaver, W.Va. Bailey also admitted that his associate’s vehicle was used to transport the oxycodone pills from Chattanooga to a motel in Beaver, W.Va.
Bailey admitted that on two occasions on February 3, 2012, individuals cooperating with law enforcement authorities obtained 50 30-milligram oxycodone pills from him and his associate while inside of their rented motel room in Raleigh County, W.Va. On February 3, 2012, law enforcement agents executed a search warrant at the defendant’s motel room and seized a quantity of oxycodone pills and buy money that was used during prior controlled drug transactions.
Bailey admitted that he is responsible for distributing a total of 3200 30-milligram oxycodone pills over an eight-month period.
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.
The Raleigh County Sherriff’s Department conducted the investigation. Assistant United States Attorney John File handled the prosecution. The sentence was imposed by United States District Judge Irene C. Berger.
Nicholas County Woman Sentenced to Two Years in Federal Prison for Manufacturing MethamphetamineRead the Press Release
CHARLESTON, W.Va. – U.S. Attorney Booth Goodwin announced that a Nicholas County woman was sentenced (Jan. 10) to two years in federal prison for conspiracy to manufacture methamphetamine. Jennifer Curry, 37, of Nicholas County, W.Va., previously pleaded guilty in May. The defendant admitted that on June 1, 2011, she manufactured approximately 6 grams of methamphetamine at a residence located in Richwood, W.Va. Curry further admitted that she used manufacturing supplies provided by other individuals.
On June 2, 2011, after being advised of her Miranda rights, the defendant agreed to waive her rights and admitted that she cooked methamphetamine on at least 30 occasions at various locations in Nicholas County, W.Va. since October 2010.
Curry admitted that she was responsible for distributing at least 50 grams but less than 200 grams of methamphetamine.
The West Virginia State Police and the U.S. Forestry Service conducted the investigation. Assistant United States Attorney John Frail handled the prosecution. The sentence was imposed by United States District Judge John T. Copenhaver, Jr.
Lincoln County Woman Sentenced to 10 Years in Federal Prison for Armed RobberyRead the Press Release
Mullins used a pistol to rob a Hurricane nursing home of prescription pills and cash from a Lincoln Co. bank
CHARLESTON, W.Va. – United States Attorney Booth Goodwin announced today that a Lincoln County woman was sentenced to 10 years in federal prison for armed robbery of a Hurricane nursing home facility and a Lincoln County bank. Morgan Marie Mullins, 26, of West Hamlin, Lincoln County, W.Va., previously pleaded guilty in August 2012 to interfering with commerce by threats of violence, using and carrying a firearm during and in relation to a crime of violence, and armed bank robbery.
"This case shows in very stark terms the devastating effects of the prescription drug epidemic," said U.S. Attorney Goodwin. "The defendant’s crimes were shocking and now she has ten years to think about the effects of those crimes."
Goodwin continued, “As the Court noted, the significance of this sentencing should also serve as a deterrent.”
Mullins admitted that on May 2, 2012, she robbed the Teays Valley Center nursing home located in Hurricane, W.Va. Mullins further admitted that she used a 9-millimeter pistol when she robbed on-duty employees at the nursing home of controlled substances, including prescription painkillers. The defendant was employed at the nursing home at the time of the robbery.
Also on May 22, 2012, Mullins robbed the City National Bank located in West Hamlin, Lincoln County, W.Va. of $3003 cash. Mullins further admitted that she used the same 9-millimeter pistol for both robberies.
On May 23, 2012, Mullins gave a voluntary statement to law enforcement officers where she admitted to robbing the Teays Valley Center and the City National Bank. Law enforcement officers later recovered the 9-millimeter pistol from beneath the defendant’s bed. Officers also recovered a black hat with red and white stripes with the eye holes cut out of it. The hat was found in an alley near the bank that was robbed in Lincoln County. The defendant admitted that she wore the hat as a disguise during the robberies.
The defendant further admitted that at the time of both robberies and for the past three and a half years, she has been addicted to oxycodone.
The FBI conducted the investigation. Assistant United States Attorney Steven I. Loew handled the prosecution. The sentence was imposed by United States District Judge Thomas E. Johnston.
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 working with existing local programs that target gun crime.
Beckley Man Sentenced to Prison Time for Burglary of Federal Post OfficeRead the Press Release
BECKLEY, W.Va. – United States Attorney Booth Goodwin announced that a Raleigh County man was sentenced (Jan. 10) to one year in federal prison followed by two years of supervised release for burglary and aiding and abetting the burglary of a federal post office. Timothy Taylor, 31, of Beckley, was previously convicted in August 2012 by a federal jury sitting in Beckley for his role in the post office burglary scheme. Trial evidence revealed that Taylor forcibly broke into or aided and abetted co-defendant Benjamin Webb, 39, in the forcible break-in of the Fairdale Post Office.
Webb admitted that on October 30, 2011, he and co-defendant Taylor arrived at the Fairdale Post Office located in Beckley, W.Va. and gained entry into the post office by smashing a glass door using a sledgehammer. The post office was closed at the time the burglary occurred. Webb further admitted that once he and Taylor were inside of the post office, they stole nine packages and fled the scene.
Webb also admitted that the packages stolen from the post office were addressed to him and contained quantities of prohibited synthetic stimulants commonly known as “bath salts.”
Webb was previously sentenced in August 2012 to eight months in federal prison and three years of supervised release for his role in the scheme.
The Court also ordered the defendant to pay restitution in an amount not to exceed $1228, including the damage to the post office and the value of the stolen mail.
The United States Postal Inspection Service and the Raleigh County Sheriff’s Office conducted the investigation. Assistant United States Attorneys Erik Goes and Larry Ellis handled the prosecution. The sentence was imposed by United States District Judge Irene C. Berger.
Kanawha County Man Pleads Guilty in Federal Court to Possession of Child PornographyRead the Press Release
CHARLESTON, W.Va. – U.S. Attorney Booth Goodwin announced today that a Kanawha County man pleaded guilty in federal court to possession of child pornography. Tracey E. Cooper, 38, of Dawes, Kanawha County, W.Va., admitted that on December 21, 2011, he knowingly possessed on his computer more than 600 images and videos depicting minors engaged in sexually explicit conduct, that is actual or simulated sexual intercourse and the lascivious exhibition of the genitals and pubic area of the minors. Cooper admitted that he knew the images and videos constituted child pornography. The defendant also admitted that many of the images depicted prepubescent minors. Cooper further admitted that at least one of the images portrays a prepubescent minor depicted in sadistic or masochistic conduct or other depictions of violence.
Cooper further admitted that he used the peer-to-peer file sharing programs, Shareaza and Aires, to download, receive and share child pornography.
Cooper faces up to 10 years in prison and a $250,000 fine when he is sentenced on March 28, 2013 by United States District Judge John T. Copenhaver, Jr.
The Federal Bureau of Investigation West Virginia Cyber Crimes Task Force, the Kanawha Bureau of Investigation and the Kanawha County Sheriff’s Department conducted the investigation. Assistant United States Attorney Lisa Johnston is in charge of the prosecution.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit http://www.justice.gov/usao/wvs/PSCpage.html. For more information about internet safety education, please visit www.usdoj.gov/psc and follow the link named “Resources.”
Former Huntington Convenience Store Owner Sentenced to Prison Time for Federal Food Stamp FraudRead the Press Release
All-In-One store was demolished in Huntington’s Fairfield district in December
HUNTINGTON, W.Va. - U.S. Attorney Booth Goodwin announced that a former Huntington convenience store owner was sentenced to six months in federal prison and six months of home confinement followed by three years of supervised release for defrauding the Supplemental Nutrition Assistance Program (“SNAP”), formerly known as the Food Stamp Program. Abderahamane Eloirzazi, also known as Abe, 44, of Huntington, was the owner and operator of the All-In-One convenience store formerly located on 9th Avenue in Huntington. The store, once a magnet for crime in Huntington’s Fairfield neighborhood, was demolished in December following the defendant’s conviction.Eloirzazi was required to hand over the property to the City of Huntington as a condition of his plea agreement.
U.S. Attorney Booth Goodwin said, “With this sentencing the book on the All-In-One store is closed. It is up to the community to write a new one.”
From some time prior to June 2010 and continuing until February 2012, Eloirzazi and co-defendants Stephanie Pauley, 35, and Cynthia Gibson, 40, all of Huntington, conspired together and with other known individuals in an illegal scheme to defraud the federal food benefits program. Federal food benefits cards are provided to qualifying low-income households for the purpose of feeding people who otherwise might go hungry. The benefits can only be used to buy food. Eloirzazi and his co-conspirators, however, cheated the program. Card-holders could walk into Eloirzazi’s store and swipe their cards for fake food purchases, pretending to buy food when in fact they were simply transferring money from their food benefits card to Eloirzazi’s account. In exchange, Eloirzazi would compensate them with cash or items like cigarettes or alcoholic beverages, usually offering only 50 to 65 cents for every dollar’s worth of food benefits a card-holder had paid him.
The Court ordered the defendant to pay restitution in the amount of $127,000 to the Department of Agriculture.
The investigation was conducted by the Department of Agriculture, the Huntington Police Department, the West Virginia State Police and the Department of Homeland Security. Assistant United States Attorney Erik Goes handled the prosecution. The sentence was imposed by United States District Judge Robert C. Chambers