Southern District of West Virginia
Press releases recorded for this federal judicial district.
Kanawha County Man Sentenced to Prison for Child Pornography CrimeRead the Press Release
HUNTINGTON, W.Va. – Jerry Dewayne Carroll, 43, of Crown Hill, was sentenced today to seven years in prison, to be followed by 20 years of supervised release, and ordered to pay $15,000 in restitution for possession of prepubescent child pornography. Carroll must also register as a sex offender.
According to court documents and statements made in court, on or about April 10, 2023, law enforcement officers executed a search warrant for Carroll’s person and seized his cell phone. A search of Carroll’s cell phone revealed 2,087 images of child pornography, including images depicting the sexual abuse of infants and toddlers by adult men and through the use of animals. A search of Carroll’s encrypted cloud storage account held by Mega Ltd., accessible through his seized cell phone, revealed an additional 82 videos of child pornography. The videos include footage of the sexual abuse of infants and toddlers, bestiality, and sadomasochistic material. The images and videos possessed by Carroll depict 56 known child victims.
United States Attorney Will Thompson made the announcement and commended the investigative work of the U.S. Department of Homeland Security-Homeland Security Investigations (HSI).
United States District Judge Robert C. Chambers imposed the sentence. Assistant United States Attorneys Holly Wilson and Josh Hanks prosecuted the case.
This case was prosecuted as part of Project Safe Childhood, a nationwide initiative of the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorney’s 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 those who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 3:23-cr-122.
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Charleston Man Sentenced to Prison for Federal Opioid CrimeRead the Press Release
CHARLESTON, W.Va. – Jesus Emmanuel Davis, 25, of Charleston, was sentenced today to three years and six months in prison, to be followed by three years of supervised release, for distribution of protonitazene and isotonitazene.
According to court documents and statements made in court, on April 7, 2023, Davis sold five pills to a confidential informant in Charleston. The pills were counterfeit pressed pills with the same markings as 30mg oxycodone pills. The West Virginia State Police Forensic Laboratory confirmed that the pills contained protonitazene and isotonitazene, synthetic opioids potentially more dangerous and deadly than fentanyl.
Law enforcement officers conducted seven additional controlled buys during which Curon Cameron Cordon sold quantities of the same pills to a confidential informant. Cordon drove the confidential informant to Davis’ residence to obtain the pills for four of those transactions. On June 8, 2023, law enforcement officers executed a search warrant at Davis’ residence. Officers seized 95 of the same pills purchased during the controlled buys from the pocket of a jacket hanging inside Davis’ bedroom closet.
Davis has a criminal history that includes multiple prior convictions including for domestic battery.
Cordon, 24, of Charleston, pleaded guilty on August 1, 2024, to distribution of protonitazene and isotonitazene and awaits sentencing.
United States Attorney Will Thompson made the announcement and commended the investigative work of the Charleston Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).
United States District Judge Joseph R. Goodwin imposed the sentence. Assistant United States Attorney Lesley C. Shamblin prosecuted the case.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 2:24-cr-51.
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Mexican Man Pleads Guilty to Federal Immigration CrimeRead the Press Release
CHARLESTON, W.Va. – David Cuevas, 45, a Mexican national, pleaded guilty today to fraud and misuse of a lawful Permanent Resident Card.
According to court documents and statements made in court, on May 30, 2019, Cuevas fraudulently possessed and used information from a Permanent Resident Card issued in the name of another individual to apply for an individual explosives license from the West Virginia Office of the State Fire Marshal. Cuevas admitted that he knew the information on his explosives application was false and that he submitted the other individual’s Permanent Resident Card with the application. Cuevas further admitted that he sought the explosives license to assist him in his employment laying a pipeline in Greenbrier, Nicholas and Fayette counties for a construction company.
Cuevas is scheduled to be sentenced on November 21, 2024, and faces a maximum penalty of 10 years in prison, up to three years of supervised release, and a $250,000 fine.
United States Attorney Will Thompson made the announcement and commended the investigative work of the United States Department of State-Diplomatic Security Service, U.S. Immigration and Customs Enforcement (ICE) Enforcement and Removal Operations (ERO) of the U.S. Department of Homeland Security, the West Virginia Office of the State Fire Marshal, and the West Virginia Fusion Center.
Senior United States District Judge John T. Copenhaver, Jr. presided over the hearing. Assistant United States Attorney Erik S. Goes is prosecuting the case, and former Assistant United States Attorney Stefan Hasselblad previously handled the prosecution.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 2:19-cr-177.
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Arizona Man Sentenced to Life in Prison for Child Exploitation CrimesRead the Press Release
BECKLEY, W.Va. – Alan J. Disomma Jr., 61, of Payson, Arizona, was sentenced today to life in prison for two counts of attempted enticement of a minor and one count of traveling in interstate commerce for the purpose of engaging in illicit sexual activity.
A federal jury found Disomma guilty on February 23, 2024, following a two-day trial. Evidence at trial proved that on December 10, 2021, Disomma began messaging a woman located in West Virginia whom he believed to be the mother of two minor girls. Disomma stated in his messages to the individual that he wished to engage in sexual relations with both girls. Disomma also brought up possibly traveling to West Virginia to meet the girls during this online conversation.
From December 21, 2021 to December 18, 2022, Disomma exchanged text messages with the woman and continued to express his interest in engaging in sexual relations with both girls. During this text messaging, Disomma asked about flying to West Virginia to visit them and also stated that he had previously engaged in sexual relations with a prepubescent girl and subjected her to bestiality. Disomma also expressed interest in having the woman and the girls move to Arizona to live with him.
On December 18, 2022, Disomma flew from Arizona to Charleston, West Virginia, where he planned to meet the individual and travel with her to her residence where he intended to engage in sexual activity with both girls. Disomma flew to West Virginia with a nearly full bottle of Viagra. Upon his arrival in Charleston, Disomma was arrested by law enforcement officers.
“This case involved horrific facts that painted a vivid picture of defendant’s intense desire to have sex with two children,” said United States Attorney Will Thompson. “The offense conduct in this case was reprehensible, and today’s sentence reflects their gravity. I commend the Federal Bureau of Investigation (FBI) West Virginia Human Trafficking and Child Exploitation Task Force and the West Virginia State Police for their investigation of this case. I also commend Assistant United States Attorneys Jennifer Rada Herrald and Lesley C. Shamblin and our trial team for their work in this case, which resulted in guilty verdicts on all three counts in the indictment.”
Chief United States District Judge Frank W. Volk imposed the sentence. Disomma was sentenced to life in prison for each of the two counts of attempted enticement of a minor, and to a concurrent 30-year term for traveling in interstate commerce for the purpose of engaging in illicit sexual activity. The Court also imposed a lifetime of supervised release.
This case was prosecuted as part of Project Safe Childhood, a nationwide initiative of the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorney’s 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 those who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 5:22-cr-227.
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Operation Smoke and Mirrors Update: Charleston Man Sentenced to More than 13 Years in Prison for Role in Methamphetamine Trafficking Organization and for Violating Supervised ReleaseRead the Press Release
CHARLESTON, W.Va. – Karl Lamont Funderburk, 38, of Charleston, was sentenced today to 13 years and six months in prison, to be followed by four years of supervised release, for conspiracy to distribute 50 grams or more of a mixture and substance containing a detectable amount of methamphetamine, conspiracy to distribute a quantity of cocaine, conspiracy to distribute a quantity of fentanyl, and for violating supervised release. Funderburk admitted to his role in a drug trafficking organization (DTO) that operated in the Charleston area.
According to court documents and statements made in court, between November 2022 and March 22, 2023, Funderburk conspired with several other people to distribute more than 50 grams of a mixture and substance containing a detectable amount of methamphetamine, and quantities of cocaine and fentanyl while living in Charleston. Funderburk had several regular customers who would purchase each controlled substance from him. Funderburk used runners who would deliver the controlled substances to these customers, collect money or other compensation from them, and return the proceeds to Funderburk. In all, Funderburk was found to be responsible for over 3 kilograms of methamphetamine, approximately 700 grams of cocaine, and over 100 grams of heroin or fentanyl.
At the time of these offenses, Funderburk was on supervised release following his conviction for use of a firearm in furtherance of a drug trafficking crime in United States District Court for the Southern District of West Virginia on February 21, 2018. Today’s sentence includes one year and six months in prison for committing a crime while on supervised release.
Funderburk is among 32 individuals indicted as a result of Operation Smoke and Mirrors, a major drug trafficking investigation that has yielded the largest methamphetamine seizure in West Virginia history. Law enforcement seized well over 400 pounds of methamphetamine as well as 40 pounds of cocaine, 3 pounds of fentanyl, 19 firearms and $935,000 in cash.
Funderburk is among 30 defendants who have pleaded guilty. Another defendant, Mark Leslie Lively, 58, of Kenna, was found guilty on July 17, 2024, by a federal jury of conspiracy to distribute 50 grams or more of methamphetamine and possession with intent to distribute 50 grams or more of methamphetamine. Indictments against the remaining defendants are pending. An indictment is merely an allegation and all defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
United States Attorney Will Thompson made the announcement and commended the investigative work of the Federal Bureau of Investigation (FBI), the Drug Enforcement Administration (DEA), the U.S. Department of Homeland Security-Homeland Security Investigations (HSI), the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), the U.S. Postal Inspection Service, the Metropolitan Drug Enforcement Network Team (MDENT), the West Virginia State Police, the West Virginia National Guard Counter Drug Program, the Kanawha County Sheriff’s Office, the Charleston Police Department, the Putnam County Sheriff’s Office and the Raleigh County Sheriff's Office. MDENT is composed of the Charleston Police Department, the Kanawha County Sheriff’s Office, the Putnam County Sheriff’s Office, the Nitro Police Department, the St. Albans Police Department and the South Charleston Police Department.
Chief United States District Judge Thomas E. Johnston imposed the sentence. Assistant United States Attorney Jeremy B. Wolfe prosecuted the case.
The investigation was part of the Department of Justice’s Organized Crime Drug Enforcement Task Force (OCDETF). The program was established in 1982 to conduct comprehensive, multilevel attacks on major drug trafficking and money laundering organizations and is the keystone of the Department of Justice’s drug reduction strategy. OCDETF combines the resources and expertise of its member federal agencies in cooperation with state and local law enforcement. The principal mission of the OCDETF program is to identify, disrupt and dismantle the most serious drug trafficking organizations, transnational criminal organizations and money laundering organizations that present a significant threat to the public safety, economic, or national security of the United States.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 2:23-cr-31.
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Kanawha County Man Sentenced to 10 Years in Prison for Federal Drug Crime and Violating Supervised ReleaseRead the Press Release
CHARLESTON, W.Va. – Carlito Harris Carter, 45, of St. Albans, was sentenced today to 10 years in prison, to be followed by three years of supervised release, for possession with intent to distribute methamphetamine and fentanyl and violating supervised release.
According to court documents and statements made in court, on January 22, 2024, Carter sold a quantity of fentanyl to a confidential informant for $50. The transaction took place at Carter’s St. Albans residence.
On January 26, 2024, law enforcement officers executed a search warrant at Carter’s residence and found approximately 300 grams of methamphetamine, 200 grams of fentanyl, 300 grams of marijuana, various firearm components, ammunition, and $1,695. Carter admitted to possessing and intending to distribute the methamphetamine and fentanyl.
At the time of this offense, Carter was on supervised release following his conviction for distribution of 28 grams or more of cocaine base in United States District Court for the Southern District of West Virginia on September 2, 2011. Today’s sentence includes one year in prison for committing a crime while on supervised release.
United States Attorney Will Thompson made the announcement and commended the investigative work of the St. Albans Police Department.
Senior United States District Judge John T. Copenhaver, Jr. imposed the sentence. Assistant United States Attorney JC MacCallum prosecuted the case.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 2:24-cr-46.
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Pennsylvania Man Pleads Guilty to Fraudulently Obtaining Unemployment and COVID-19 BenefitsRead the Press Release
HUNTINGTON, W.Va. – Scott Christie, 38, of Petrolia, Pennsylvania, pleaded guilty today to theft of public money, property or records. Christie fraudulently obtained $34,801 or more in unemployment benefits, including COVID-19 supplementary funds, while a resident of Leon, West Virginia.
According to court documents and statements made in court, between February 29, 2020, and August 22, 2020, and between February 27, 2021, and August 14, 2021, Christie fraudulently applied for unemployment benefits from WorkForce West Virginia, which administers the unemployment compensation program for the State of West Virginia. Christie submitted a total of 50 weekly certifications to WorkForce West Virginia that failed to disclose his employment during those time periods. As a result of his fraudulent scheme, Christie received 52 unemployment benefits payments from WorkForce West Virginia totaling $34,801 or more that he was not entitled to receive.
The unemployment benefits fraudulently obtained by Christie included supplementary funds provided by the Federal Pandemic Unemployment Compensation Program (FPUC) of the Coronavirus Aid, Relief, and Economic Security (CARES) Act. As part of his fraudulent scheme, Christie falsely stated in the weekly certifications he submitted that he was unemployed because of the COVID-19 pandemic.
Christie is scheduled to be sentenced on January 13, 2025, and faces a maximum penalty of 10 years in prison, up to three years of supervised release, and a $250,00 fine. Christie also owes up to $34,801 in restitution.
United States Attorney Will Thompson made the announcement and commended the investigative work of the West Virginia State Police – Bureau of Criminal Investigation (BCI).
United States District Judge Robert C. Chambers presided over the hearing. Assistant United States Attorney J. Parker Bazzle II is prosecuting the case.
On May 17, 2021, the Attorney General established the COVID-19 Fraud Enforcement Task Force to marshal the resources of the Department of Justice in partnership with agencies across government to enhance efforts to combat and prevent pandemic-related fraud. The Task Force bolsters efforts to investigate and prosecute the most culpable domestic and international criminal actors and assists agencies tasked with administering relief programs to prevent fraud by, among other methods, augmenting and incorporating existing coordination mechanisms, identifying resources and techniques to uncover fraudulent actors and their schemes, and sharing and harnessing information and insights gained from prior enforcement efforts. For more information on the Department’s response to the pandemic, please visit https://www.justice.gov/coronavirus.
Anyone with information about allegations of attempted fraud involving COVID-19 can report it by calling the Department of Justice’s National Center for Disaster Fraud (NCDF) Hotline at 866-720-5721 or via the NCDF Web Complaint Form at: https://www.justice.gov/disaster-fraud/ncdf-disaster-complaint-form.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 3:24-cr-107.
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Huntington Woman Sentenced to More than 10 Years in Prison for Role in Methamphetamine Trafficking OrganizationRead the Press Release
HUNTINGTON, W.Va. – Kyla Smith, also known as “Flaca,” 29, of Huntington, was sentenced today to 10 years and three months in prison, to be followed by five years of supervised release, for possession with intent to distribute 50 grams or more of methamphetamine. Smith admitted to her role in a drug trafficking organization (DTO) responsible for distributing large quantities of methamphetamine and fentanyl in the Southern District of West Virginia.
According to court documents and statements made in court, on October 29, 2023, a law enforcement officer conducted a traffic stop of a vehicle driven by Smith on Eighth Avenue in Huntington. Smith admitted that the officer saw her conceal a bag of methamphetamine in the front of her pants during the traffic stop. Smith surrendered the methamphetamine to the officer, and admitted that she intended to distribute the controlled substance. Smith further admitted that she participated in the DTO from at least August 2023 through November 2023. Smith distributed methamphetamine and fentanyl to various customers, including some who redistributed the controlled substances that she provided to them.
Smith and other DTO participants used multiple residences to store and distribute quantities of methamphetamine and fentanyl, including a Davis Street residence in Huntington maintained by Smith. On November 15, 2023, officers executed a search warrant at Smith’s Davis Street residence and seized approximately 477 grams of fentanyl.
Smith is among 27 individuals indicted in a 53-count indictment that charges the defendants with distributing methamphetamine and fentanyl transported from Detroit, Michigan, in Huntington and other locations within the Southern District of West Virginia.
Smith is also among 21 defendants who have pleaded guilty in the main case. One other of the 27 indicted individuals pleaded guilty to a related offense in a separate case. The indictment against the remaining defendants is pending. An indictment is merely an allegation and the defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
United States Attorney Will Thompson made the announcement and commended the investigative work of the Federal Bureau of Investigation (FBI), the Cabell County Sheriff’s Department, the Drug Enforcement Administration (DEA), the Metropolitan Drug Enforcement Network Team (MDENT), the West Virginia State Police, the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), and the U.S. Postal Inspection Service. MDENT is composed of the Charleston Police Department, the Kanawha County Sheriff’s Office, the Putnam County Sheriff’s Office, the Nitro Police Department, the St. Albans Police Department and the South Charleston Police Department.
United States District Judge Robert C. Chambers imposed the sentence. Assistant United States Attorneys Joseph F. Adams and Stephanie Taylor prosecuted the case.
The investigation was part of the Department of Justice’s Organized Crime Drug Enforcement Task Force (OCDETF). The program was established in 1982 to conduct comprehensive, multilevel attacks on major drug trafficking and money laundering organizations and is the keystone of the Department of Justice’s drug reduction strategy. OCDETF combines the resources and expertise of its member federal agencies in cooperation with state and local law enforcement. The principal mission of the OCDETF program is to identify, disrupt and dismantle the most serious drug trafficking organizations, transnational criminal organizations and money laundering organizations that present a significant threat to the public safety, economic, or national security of the United States.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 3:23-cr-180.
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Huntington Man Pleads Guilty to Federal Gun CrimeRead the Press Release
HUNTINGTON, W.Va. – Weslee Nathaniel Black, 38, of Huntington, pleaded guilty today to possession of a short-barrel shotgun not registered to him in the National Firearms Registration and Transfer Record.
According to court documents and statements made in court, on March 28, 2024, law enforcement officers ordered Black to exit a vehicle on the 1300 block of Marcum Terrace in Huntington and arrested him for grand larceny of the vehicle. Officers searched the vehicle and seized a Hatfield Gun Company model PAS 12-gauge shotgun with a shortened barrel. Black admitted that he possessed the firearm, that he knew it had a shortened barrel when he purchased it, and that it was not registered to him in the National Firearms Registration and Transfer Record as required by law.
Federal law prohibits a person with a prior conviction for a misdemeanor crime of domestic violence from possessing a firearm or ammunition. Black knew he was prohibited from possessing a firearm because of his prior conviction for domestic battery in Cabell County Magistrate Court on January 31, 2023.
Black is scheduled to be sentenced on January 13, 2025, and faces a maximum penalty of 10 years in prison, up to three years of supervised release, and a $10,000 fine.
United States Attorney Will Thompson made the announcement and commended the investigative work of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and the Huntington Police Department.
United States District Judge Robert C. Chambers presided over the hearing. Assistant United States Attorney Stephanie Taylor is prosecuting the case.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 3:24-cr-84.
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Detroit Man Sentenced to More than 10 Years in Prison for Federal Drug CrimeRead the Press Release
HUNTINGTON, W.Va. – Michael Dayshawn Harris, also known as “Polo,” 31, of Detroit, Michigan, was sentenced today to 10 years and one month in prison, to be followed by three years of supervised release, for distribution of quantities of a mixture and substance containing a detectable amount of methamphetamine and fentanyl.
According to court documents and statements made in court, on October 6, 2022, Harris sold approximately 29 grams of methamphetamine and a quantity of fentanyl to a confidential informant in Huntington. Harris admitted to the transaction and further admitted to arranging it beforehand when the confidential informant called him earlier that day.
Co-defendant Desmond Devon Magee, also known as “Rich,” 28, of Detroit, was sentenced on May 22, 2023, to four years in prison, to be followed by three years of supervised release, after pleading guilty to distribution of a quantity of a mixture and substance containing a detectable amount of methamphetamine.
United States Attorney Will Thompson made the announcement and commended the investigative work of the Federal Bureau of Investigation (FBI) and the Cabell County Sheriff’s Department.
United States District Judge Robert C. Chambers imposed the sentence. Assistant United States Attorney Joseph F. Adams prosecuted the case.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 3:22-cr-210.
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Two Defendants Plead Guilty to Roles in Beckley Drug Trafficking OrganizationRead the Press Release
BECKLEY, W.Va. – Today, Christopher Michael Shepherd, 48, of Fayetteville, pleaded guilty to possession with intent to distribute fentanyl and Kimberly Rosetta Logan, 47, of Beckley, pleaded guilty to distribution of fentanyl. Shepherd and Logan admitted to roles in a drug trafficking organization (DTO) that distributed methamphetamine, fentanyl and cocaine base, also known as “crack,” in Beckley and elsewhere within the Southern District of West Virginia.
According to court documents and statements made in court, on April 24, 2024, Shepherd arranged to exchange approximately 8.5 grams of heroin with co-defendant Tilford Joe Bradley Jr. for approximately 8.5 grams of fentanyl. Shepherd met with Bradley at a Beckley-area gas station and made the exchange later that day. Law enforcement observed the transaction and conducted a traffic stop of a vehicle driven by Shepherd shortly afterward. Shepherd admitted that he threw a bag of controlled substances from his vehicle while officers attempted the traffic stop. Officers found and seized 150 grams of fentanyl, 53 grams of methamphetamine, 1.7 grams of crack, and $4,007 as a result of the traffic stop. Shepherd admitted that he possessed the seized controlled substances and intended to distribute them within the Southern District of West Virginia.
Logan admitted that she sold a quantity of fentanyl to a confidential informant at her residence in Beckley on April 10, 2024. Logan further admitted to distributing additional amounts of fentanyl and cocaine to other individuals while using some herself throughout May 2024. Logan ordered an average of 8 grams of fentanyl and 4 grams of cocaine per week from her Beckley-based supplier by phone during that time period, receiving the controlled substances at her residence.
Shepherd and Logan are scheduled to be sentenced on January 31, 2025, and each faces a maximum penalty of 20 years in prison, at least three years of supervised release, and a $1 million fine.
Shepherd, Logan and Bradley are among 12 individuals indicted on charges alleging the defendants conspired to distribute methamphetamine, fentanyl, and crack within the Southern District of West Virginia from in or about June 2023 to in or about May 2024. The charges against Bradley and the other defendants are pending. An indictment is merely an allegation and all defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
United States Attorney Will Thompson made the announcement and commended the investigative work of the Federal Bureau of Investigation (FBI), the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), and the Beckley/Raleigh County Drug and Violent Crime Unit, which consists of officers from the West Virginia State Police, the Raleigh County Sheriff’s Department, and the Beckley Police Department.
United States Magistrate Judge Omar J. Aboulhosn presided over the hearing. Assistant United States Attorney Andrew D. Isabell is prosecuting the case.
The investigation was part of the Department of Justice’s Organized Crime Drug Enforcement Task Force (OCDETF). The program was established in 1982 to conduct comprehensive, multilevel attacks on major drug trafficking and money laundering organizations and is the keystone of the Department of Justice’s drug reduction strategy. OCDETF combines the resources and expertise of its member federal agencies in cooperation with state and local law enforcement. The principal mission of the OCDETF program is to identify, disrupt and dismantle the most serious drug trafficking organizations, transnational criminal organizations and money laundering organizations that present a significant threat to the public safety, economic, or national security of the United States.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 5:24-cr-90.
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Kanawha County Man Sentenced to Prison for Fentanyl CrimeRead the Press Release
CHARLESTON, W.Va. – Reginald Clay Jackson, 43, of St. Albans, was sentenced today to eight years and six months in prison, to be followed by three years of supervised release, for possession with intent to distribute fentanyl.
According to court documents and statements made in court, on October 3, 2023, law enforcement officers arrested Jackson after conducting a traffic stop of a scooter he was operating in St. Albans. The scooter was reported stolen and Jackson could not produce a valid license, insurance, or registration. Jackson was taken to the South Charleston Detachment of the West Virginia State Police and processed. The following day, officers found a plastic bag under a bench in the booking area. The bag contained seven individually wrapped baggies that each contained approximately 1 ounce of fentanyl. Security video footage showed Jackson removing the bag from his clothing and throwing it under the bench during his processing.
Jackson has a long criminal history that includes prior convictions for drug offenses, domestic battery and strangulation.
United States Attorney Will Thompson made the announcement and commended the investigative work of the West Virginia State Police and the assistance provided by the Drug Enforcement Administration (DEA).
Senior United States District Judge David A. Faber imposed the sentence. Assistant United States Attorney JC MacCallum prosecuted the case.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 2:24-cr-33.
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Kanawha County Man Pleads Guilty to Federal Drug CrimeRead the Press Release
CHARLESTON, W.Va. – Jonathan Fitzpatrick, 33, of Pratt, pleaded guilty today to distribution of 500 grams or more of a mixture and substance containing methamphetamine.
According to court documents and statements made in court, on June 3, 2024, Fitzpatrick sold approximately 10 pounds of methamphetamine to a confidential informant in the Kanawha City area of Charleston. Fitzpatrick admitted to the transaction and further admitted to distributing a total of approximately 90 pounds of a substance that contained methamphetamine to the confidential informant from approximately December 2022 to in or about April 2024.
Fitzpatrick is scheduled to be sentenced on January 14, 2025, and faces a mandatory minimum of 10 years and up to life in prison, at least five years of supervised release, and a $10 million fine.
United States Attorney Will Thompson made the announcement and commended the investigative work of the Drug Enforcement Administration (DEA) and the U.S. Route 119 Drug Task Force, which consists of members of the Mingo County Sheriff's Office, the Logan County Sheriff's Office, the Boone County Sheriff's Office, and the West Virginia State Police.
Senior United States District Judge David A. Faber presided over the hearing. Assistant United States Attorney Samuel D. Marsh is prosecuting the case.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 2:24-cr-112.
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Inmate Pleads Guilty to Possessing Weapon at FCI McDowellRead the Press Release
CHARLESTON, W.Va. – Demoreal Killebrew, 26, an inmate at the Federal Correctional Institution (FCI) McDowell, pleaded guilty today to possession of a weapon by an inmate at a federal prison.
According to court documents and statements made in court, on January 29, 2023, an FCI McDowell staff member conducted a search of Killebrew and found a handcrafted weapon commonly known as a “shank” in his left shoe. The shank was a metal rod approximately five and one-half inches long, with a sharpened point on one end and a plastic cap on the other end as a handle. Killebrew admitted to possessing the shank, and further admitted that it was designed and intended to be used as a weapon.
Killebrew is scheduled to be sentenced on January 13, 2025, and faces a maximum penalty of five years in prison, three years of supervised release, and a $250,000 fine.
United States Attorney Will Thompson made the announcement and commended the investigative work of the Federal Bureau of Prisons.
Senior United States District Judge David A. Faber presided over the hearing. Assistant United States Attorney Brian D. Parsons is prosecuting the case.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 1:24-cr-108.
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Inmate Pleads Guilty to Possessing Weapon at FCI McDowellRead the Press Release
CHARLESTON, W.Va. – Savion Garcia, 24, an inmate at the Federal Correctional Institution (FCI) McDowell, pleaded guilty today to possession of a weapon by an inmate at a federal prison.
According to court documents and statements made in court, on October 19, 2023, an FCI McDowell staff member conducted a random search of Garcia’s prison cell. During the search, the staff member found two handcrafted weapons commonly known as “shanks” on Garcia’s person. One was a six-inch-long flat metal bar with a cloth wrapped around one end as a handle. The other shank was a piece of metal approximately six and three-fourth inches long, with one end sharpened to a point and a cloth wrapped around the other end as a handle. Garcia admitted to possessing the shanks, and further admitted that they were designed and intended to be used as weapons.
Garcia is scheduled to be sentenced on January 13, 2025, and faces a maximum penalty of five years in prison, three years of supervised release, and a $250,000 fine.
United States Attorney Will Thompson made the announcement and commended the investigative work of the Federal Bureau of Prisons.
Senior United States District Judge David A. Faber presided over the hearing. Assistant United States Attorney Timothy D. Boggess is prosecuting the case.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 1:24-cr-91.
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U.S. Attorney Thompson and Law Enforcement Partners to Announce Major Development in Operation Smoke & Mirrors CaseRead the Press Release
CHARLESTON, W.Va. – United States Attorney Will Thompson will hold a press conference with law enforcement partners today, Tuesday September 24, at 3:30 p.m. to announce a major development in the Operation Smoke and Mirrors drug trafficking case.
Dubbed Operation Smoke and Mirrors, this major drug trafficking investigation resulted in the largest methamphetamine seizure in West Virginia history.
WHO: U.S. Attorney Will Thompson and law enforcement partners
WHEN: Tuesday, September 24, 2024, at 3:30 p.m.
WHERE: Fifth floor, Robert C. Byrd United States Courthouse, Charleston
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia.
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Summers County Man Pleads Guilty to Federal Gun CrimesRead the Press Release
BECKLEY, W.Va. – Matthew Harris England, 38, of Meadow Bridge, pleaded guilty today to being a felon in possession of a firearm and possession of an unregistered short-barreled shotgun.
According to court documents and statements made in court, on April 3, 2023, law enforcement responded to reports of a domestic disturbance at England’s residence in Meadow Bridge. When law enforcement entered the residence, they found and seized a Savage model Stevens 94F 20-gauge shotgun with a modified and shortened barrel and a modified and shortened stock on a chair in the living room. England was arrested, and told officers he knew the firearm was in the residence and that the length of its barrel appeared to be illegal.
The short-barreled shotgun was not registered to England in the National Firearms Registration and Transfer Record as required by federal law. Federal law also prohibits a person with a prior felony conviction from possessing a firearm or ammunition. England knew he was prohibited from possessing a firearm because of his prior felony conviction for aiding and abetting the possession of stolen firearms in United States District Court for the Southern District of West Virginia on May 9, 2014.
England is scheduled to be sentenced on January 24, 2025, and faces a maximum penalty of 15 years in prison, up to three years of supervised release, and a $250,000 fine.
United States Attorney Will Thompson made the announcement and commended the investigative work of the Summers County Sheriff’s Department, the West Virginia State Police, and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).
United States Magistrate Judge Omar J. Aboulhosn presided over the hearing. Assistant United States Attorney Lesley C. Shamblin is prosecuting the case.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 5:23-cr-93.
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Operation Smoke and Mirrors Update: Final Major Defendant Pleads Guilty to Role in Methamphetamine Trafficking OrganizationRead the Press Release
CHARLESTON, W.Va. – U.S. Attorney Will Thompson joined with law enforcement partners today to announce the guilty plea by the final major defendant in a four-indictment drug trafficking organization (DTO) case that yielded the largest methamphetamine seizure in West Virginia history.
Tres Avery Davis, 36, of Charleston, pleaded guilty to possession with intent to distribute 40 grams or more of a mixture and substance containing fentanyl. Davis is among 31 defendants convicted in the case. Dubbed Operation Smoke and Mirrors, this major drug trafficking investigation resulted in law enforcement seizing well over 400 pounds of methamphetamine, 40 pounds of cocaine, 3 pounds of fentanyl, 19 firearms and $935,000 in cash.
The DTO used tractor-trailers to transport the drugs, often several hundred pounds for each trip, from the West Coast to the Southern District of West Virginia. The drugs were usually exchanged for hundreds of thousands of dollars in cash, which was delivered back to California.
“Investigators followed the trail of methamphetamine being sold here in Charleston and traced it all the way back to Los Angeles, California, and our southern border,” Thompson said. “The investigation revealed this organization was bringing methamphetamine across our southern border on pallets containing hundreds of pounds at a time.”
The shipments trucked to West Virginia included approximately 196 pounds of methamphetamine and 4 kilograms of cocaine driven from California to Bluefield in March 2023 by Ildiberto Gonzalez Jr. In exchange for that shipment, Gonzalez received a box that he believed contained approximately $400,000 as payment. Gonzalez was driving away from the transaction when law enforcement pulled him over and seized his 2009 Freightliner semi-truck with attached trailer.
Gonzalez, 30, of San Bernadino, California, was sentenced on July 22, 2024, to 14 years in prison after pleading guilty to conspiracy to distribute a quantity of methamphetamine. Gonzalez admitted that he made the March 2023 delivery at the direction of co-conspirator Alejandro Gallegos, and previously delivered boxes containing controlled substances for Gallegos in or about January 2023. Gallegos, also known as “Alex,” “Rooster,” “G” and “Primo,” 42, of Hacienda Heights, California, pleaded guilty on June 20, 2024, to conspiracy to distribute 500 grams or more of methamphetamine and 500 grams or more of a mixture and substance containing a detectable amount of cocaine. Gallegos awaits sentencing.
“For the purpose of sentencing, Mr. Gallegos is personally responsible for more damage done to our communities by methamphetamine than any other single defendant who has ever appeared in United States District Court for the Southern District of West Virginia,” Thompson said.
Gallegos also sent large amounts of controlled substances to South Carolina, Georgia and other areas. The DTO was directly involved in price fixing in the methamphetamine trade by raising the price of methamphetamine coming into the United States from Mexico based on fluctuations in the currency conversion rate.
“Operation Smoke and Mirrors marked the largest methamphetamine seizure in West Virginia history, however the FBI’s work, and that of our local, state, and federal partners, is far from finished,” said FBI Pittsburgh Special Agent in Charge Kevin Rojek. “Today’s sentencing sends a message. To those who think southern West Virginia can be a place to traffic dangerous drugs, know that we are using every tool at our disposal to rid our communities of these substances. Our neighborhoods, businesses, schools, and streets deserve to be free of this poison, and the men and women of the FBI remain fiercely committed to that mission.”
With today’s guilty plea, Davis admitted that he delivered approximately 2,000 blue pills containing fentanyl to a Kemp Avenue residence in Charleston on March 7, 2023. Law enforcement seized the pills at the residence on March 9, 2023. Davis admitted that he intended to distribute at least some of these pills to other people. Davis is scheduled to be sentenced on January 9, 2025, and faces a mandatory minimum of 10 years and up to life in prison, at least eight years of supervised release, and an $8 million fine.
Among the other defendants sentenced to prison in the case:
- Jasper Wemh, 39, of Charleston, was sentenced to 16 years and eight months in prison on May 2, 2024, after pleading guilty to conspiracy to distribute 50 grams or more of methamphetamine.
- Michael Allen Roberts Jr., 41, of St. Albans, was sentenced to 14 years in prison on March 6, 2024, after pleading guilty to conspiracy to distribute 500 grams or more of a mixture containing methamphetamine.
- Justin Allen Bowen, 42, of Charleston, was sentenced to 12 years and seven months in prison on August 31, 2023, after pleading guilty to conspiracy to distribute 50 grams or more of methamphetamine.
- Perry Johnson Jr., 30, of Dunwoody, Georgia, was sentenced to 11 years and three months in prison on April 11, 2024, after pleading guilty to conspiracy to distribute methamphetamine.
- Todd Tyler Snead, 58, of Waynesboro, Virginia, was sentenced to 10 years in prison on September 6, 2023, after pleading guilty to conspiracy to distribute 500 grams or more of methamphetamine.
- Ryan Keith Kincaid, 47, of South Charleston, was sentenced to 10 years in prison on December 8, 2023, after pleading guilty to conspiracy to distribute cocaine.
Thompson made the announcement and commended the investigative work of the Federal Bureau of Investigation (FBI), the Drug Enforcement Administration (DEA), the U.S. Department of Homeland Security-Homeland Security Investigations (HSI), the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), the U.S. Postal Inspection Service, the Metropolitan Drug Enforcement Network Team (MDENT), the West Virginia State Police, the West Virginia National Guard Counter Drug Program, the Kanawha County Sheriff’s Office, the Charleston Police Department, the Putnam County Sheriff’s Office and the Raleigh County Sheriff's Office. MDENT is composed of the Charleston Police Department, the Kanawha County Sheriff’s Office, the Putnam County Sheriff’s Office, the Nitro Police Department, the St. Albans Police Department and the South Charleston Police Department.
United States District Judge Thomas E. Johnston presided over today’s hearing. Assistant United States Attorney Jeremy B. Wolfe is prosecuting the case.
The investigation was part of the Department of Justice’s Organized Crime Drug Enforcement Task Force (OCDETF). The program was established in 1982 to conduct comprehensive, multilevel attacks on major drug trafficking and money laundering organizations and is the keystone of the Department of Justice’s drug reduction strategy. OCDETF combines the resources and expertise of its member federal agencies in cooperation with state and local law enforcement. The principal mission of the OCDETF program is to identify, disrupt and dismantle the most serious drug trafficking organizations, transnational criminal organizations and money laundering organizations that present a significant threat to the public safety, economic, or national security of the United States.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 2:23-cr-4 (Wemh et al.), 2:23-cr-31 (Jeffries et al.), 2:23-cr-33 (Estep et al.) and 2:23-cr-32 (Gonzalez et al.).
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Fayette County Man Pleads Guilty to Federal Drug CrimeRead the Press Release
BECKLEY, W.Va. – John Gray, 39, of Oak Hill, pleaded guilty today to distribution of a quantity of methamphetamine.
According to court documents and statements made in court, on March 28, 2023, Gray sold approximately 2 pounds of methamphetamine to a confidential informant in Oak Hill. Gray admitted to the transaction and further admitted to selling approximately 848 grams of methamphetamine to a confidential informant in Oak Hill on May 1, 2023.
Gray also admitted to selling 3 grams of fentanyl on May 3, 2024, and another 3 grams of fentanyl on May 6, 2024, each time to a confidential informant in Oak Hill. During a March 1, 2024, interview with law enforcement officers, Gray admitted that he had been distributing approximately 3 grams of fentanyl three times per week from April 2023 until his arrest in March 2024.
Gray is scheduled to be sentenced on January 24, 2025, and faces a maximum penalty of 20 years in prison, at least three years of supervised release, and a $1 million fine.
United States Attorney Will Thompson made the announcement and commended the investigative work of the Federal Bureau of Investigation (FBI), the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), the West Virginia State Police – Bureau of Criminal Investigation (BCI), and the Central Regional Drug and Violent Crime Task Force.
United States Magistrate Judge Omar J. Aboulhosn presided over the hearing. Assistant United States Attorney Andrew D. Isabell is prosecuting the case.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 5:24-cr-31.
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Ohio Man Sentenced to Prison for Federal Drug CrimeRead the Press Release
HUNTINGTON, W.Va. – Terry James Cox, 40, of Columbus, Ohio, was sentenced today to two years in prison, to be followed by four years of supervised release, for possession with intent to distribute a quantity of a mixture and substance containing a detectable amount of methamphetamine.
According to court documents and statements made in court, on November 30, 2023, law enforcement officers conducted a traffic stop of a vehicle driven by Cox in Huntington. Cox admitted that he possessed approximately 5.4 grams of methamphetamine in the vehicle, and that he intended to distribute it. Cox further admitted that he also possessed a loaded North American Arms .22-caliber revolver, .22-caliber ammunition, and digital scales in the vehicle.
United States Attorney Will Thompson made the announcement and commended the investigative work of the Huntington Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).
United States District Judge Robert C. Chambers imposed the sentence. Assistant United States Attorney Owen Reynolds prosecuted the case.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 3:24-cr-4.
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Greenbrier County Man Pleads Guilty to Federal Gun CrimeRead the Press Release
BECKLEY, W.Va. – Richard Shawn Owens, 39, of Lewisburg, pleaded guilty today to possession of a firearm by a person previously convicted of a misdemeanor crime of domestic violence.
According to court documents and statements made in court, on August 10, 2023, law enforcement officers executed a search warrant at the Lewisburg residence of Owens and seized six firearms: a Glock 19X 9mm handgun, a Smith & Wesson M&P Shield .40-caliber handgun, a Smith & Wesson M&P15 .223-caliber/5.56mm rifle, a RomArm Cugir WASR-10 7.62x39mm rifle, a Winchester Super X Pump 12-gauge shotgun, and a Ruger American 30-06 bolt-action rifle. Owens admitted to possessing the firearms.
Federal law prohibits a person with a prior conviction for a misdemeanor crime of domestic violence from possessing a firearm or ammunition. Owens knew he was prohibited from possessing a firearm because of his prior conviction for assault and battery of a family member in Chesterfield County, Virginia, Circuit Court on July 16, 2013.
Owens is scheduled to be sentenced on January 16, 2025, and faces a maximum penalty of 15 years in prison, up to three years of supervised release, and a $250,000 fine.
United States Attorney Will Thompson made the announcement and commended the investigative work of the U.S. Department of Homeland Security-Homeland Security Investigations (HSI).
United States Magistrate Judge Omar J. Aboulhosn presided over the hearing. Assistant United States Attorney Jennifer Rada Herrald is prosecuting the case.
This case is part of Project Safe Neighborhoods (PSN), the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 5:23-cr-146.
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Charleston Man Pleads Guilty to Federal Gun CrimeRead the Press Release
CHARLESTON, W.Va. – Roger Wayne Legg, 33, of Charleston, pleaded guilty today to carrying a firearm during a drug trafficking crime.
According to court documents and statements made in court, on September 20, 2023, Legg possessed a quantity of methamphetamine and a loaded Diamondback DB380 .380-caliber pistol in a backpack he was carrying in Charleston. Legg admitted that he intended to distribute the methamphetamine and possessed the firearm for security and protection while he sought to sell drugs.
Legg is scheduled to be sentenced on December 19, 2024, and faces a mandatory minimum of five years and up to life in prison, up to five years of supervised release, and a $250,000 fine.
United States Attorney Will Thompson made the announcement and commended the investigative work of the Charleston Police Department-Special Enforcement Unit and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).
Senior United States District Judge John T. Copenhaver, Jr., presided over the hearing. Assistant United States Attorney Alexander A. Redmon is prosecuting the case.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 2:24-cr-11.
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Parkersburg Man Pleads Guilty to Federal Gun CrimeRead the Press Release
CHARLESTON, W.Va. – Christian Elliott, 21, of Parkersburg, pleaded guilty today to being a felon in possession of a firearm.
According to court documents and statements made in court, on April 2, 2024, Elliott was on parole when his residence was searched as a condition of his parole supervision. The search revealed a loaded Glock model 43X 9mm pistol, a loaded Diamondback firearms model DB-15 multi-caliber pistol and a loaded Glock model 29SF 10mm pistol in the residence. Elliott admitted to possessing the firearms.
Federal law prohibits a person with a prior felony conviction from possessing a firearm or ammunition. Elliott knew he was prohibited from possessing a firearm because of his prior felony conviction for failure to comply with an order or signal of a police officer in Lucas County, Ohio, Court of Common Pleas on September 7, 2022.
Elliott is scheduled to be sentenced on January 23, 2025, and faces a maximum penalty of 15 years in prison, up to three years of supervised release, and a $250,000 fine.
United States Attorney Will Thompson made the announcement and commended the investigative work of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).
United States District Judge Irene C. Berger presided over the hearing. Assistant United States Attorney Troy D. Adams is prosecuting the case.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 2:24-cr-97.
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Huntington Man Sentenced to Prison for Violating Federal Sex Offender Registration and Notification ActRead the Press Release
HUNTINGTON, W.Va. – Andrew Nicholas-Scott Titus, 33, of Huntington, was sentenced today to one year and one day in prison, to be followed by 15 years of supervised release, for failure to provide information related to interstate travel as required by the Sex Offender Registration and Notification Act (SORNA).
According to court documents and statements made in court, in June 2023, Titus relocated from Michigan to Lavalette, West Virginia. In October 2023, Titus relocated from Lavalette to Huntington, where he lived in a residence with four minor children. Titus failed to register or update his registration as required by SORNA after each relocation.
Titus is required to register as a sex offender and comply with SORNA because of his prior convictions for gross indecency between a male and female on March 21, 2022, and for distributing obscene materials to a minor on August 6, 2015, both in Wexford County, Michigan, Circuit Court.
United States Attorney Will Thompson made the announcement and commended the investigative work of the United States Marshals Service (USMS).
United States District Judge Robert C. Chambers imposed the sentence. Assistant United States Attorney Jonathan T. Storage prosecuted the case.
SORNA is part of the Adam Walsh Child Protection and Safety Act of 2006 and provides a comprehensive set of minimum standards for sex offender registration and notification in the United States. SORNA seeks to strengthen the nationwide network of sex offender registration and notification programs, in part by requiring registered sex offenders to register and keep their registration current in each jurisdiction in which they reside, work, or go to school.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 3:24-cr-26.
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Huntington Man Sentenced to Prison for Fentanyl CrimeRead the Press Release
HUNTINGTON, W.Va. – Javonte Dejuan Perry, also known as “Dre,” 33, of Huntington, was sentenced today to two years and one month in prison, to be followed by three years of supervised release, for possession with intent to distribute fentanyl.
According to court documents and statements made in court, on March 30, 2023, Perry sold a quantity of fentanyl to a confidential informant in Huntington.
United States Attorney Will Thompson made the announcement and commended the investigative work of the Huntington Police Department.
United States District Judge Robert C. Chambers imposed the sentence. Assistant United States Attorney Stephanie Taylor prosecuted the case.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 3:23-cr-114.
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Huntington Man Sentenced to Prison for Federal Drug CrimeRead the Press Release
HUNTINGTON, W.Va. – David Dwayne Moore, also known as “B,” 47, of Huntington, was sentenced today to three years and nine months in prison, to be followed by three years of supervised release, for possession with intent to distribute fentanyl and cocaine base, also known as “crack.”
According to court documents and statements made in court, on January 4, 2024, law enforcement officers searched Moore’s Huntington apartment and seized approximately 32 grams of crack, 132 grams of fentanyl, and a Taurus model G3 9mm pistol. Moore admitted that he intended to sell the seized controlled substances. Moore further admitted that he possessed the seized firearm.
United States Attorney Will Thompson made the announcement and commended the investigative work of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and the Huntington Police Department.
United States District Judge Robert C. Chambers imposed the sentence. Assistant United States Attorney Stephanie Taylor prosecuted the case.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 3:24-cr-19.
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Raleigh County Woman Sentenced to Prison for Federal Drug CrimeRead the Press Release
BECKLEY, W.Va. – Ashley Nicole Luster, 29, of Sophia, was sentenced today to eight months in prison, to be followed by three years of supervised release, for aiding and abetting the distribution of methamphetamine.
According to court documents and statements made in court, on July 13, 2022, Luster sold approximately 25 grams of methamphetamine to a confidential informant at a Beckley apartment complex while aided and abetted by co-defendant Angelo Johnson. Luster admitted that she handed the controlled substances over after Johnson took the money.
Johnson, 29, of Beckley, was sentenced on December 8, 2023 to three years and one month in prison, to be followed by three years of supervised release, after pleading guilty to aiding and abetting the distribution of methamphetamine.
United States Attorney Will Thompson made the announcement and commended the investigative work of the Beckley/Raleigh County Drug and Violent Crime Unit. The Beckley/Raleigh County Drug and Violent Crime Unit consists of officers from the West Virginia State Police, the Raleigh County Sheriff’s Department, and the Beckley Police Department.
Chief United States District Judge Frank W. Volk imposed the sentence. Assistant United States Attorney Andrew D. Isabell prosecuted the case.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 5:23-cr-13.
North Carolina Woman Sentenced to Prison for Role in Counterfeit Currency ConspiracyRead the Press Release
BECKLEY, W.Va. – Crystal Wilks, 24, of Lenoir, North Carolina, was sentenced today to one year and six months in prison, to be followed by three years of supervised release, and ordered to pay $800 in restitution for conspiracy to commit an offense against the United States. Harris admitted to her role in a conspiracy to create and pass counterfeit United States currency in the Southern District of West Virginia.
According to court documents and statements made in court, on October 12, 2022, Wilks and co-defendants Xavier Sanders and Jamarcus Harris traveled with another individual from North Carolina to West Virginia. Wilks admitted that they passed counterfeit $100 bills at businesses in Beckley, Fayetteville and Summersville.
Wilks and her co-conspirators rented a room that evening at a Summersville hotel, where they attempted to create new counterfeit United States currency. Wilks admitted that their counterfeiting process involved bleaching $1 bills, scanning a genuine $100 bill, and printing the scanned image on the bleached bills.
Harris, 33, of Lenoir, North Carolina, was sentenced on February 2, 2024, to two years and nine months in prison, to be followed by three years of supervised release, and ordered to pay $800 in restitution after pleading guilty to conspiracy to commit an offense against the United States. Sanders, 25, of Charlotte, North Carolina, pleaded guilty on November 9, 2023, to conspiracy to commit an offense against the United States and sentenced on April 26, 2024, to three years of probation after serving five months in jail .
United States Attorney Will Thompson made today’s announcement and commended the investigative work of the United States Secret Service.
Chief United States District Judge Frank W. Volk imposed the sentence. Assistant United States Attorneys Alexander A. Redmon, Andrew D. Isabell and Ryan Blackwell prosecuted the case.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 5:23-cr-54.
Beckley Man Sentenced to Prison for Federal Drug CrimeRead the Press Release
BECKLEY, W.Va. – Davon Jamir Linder, 24, of Beckley, was sentenced today to five years and eight months in prison, to be followed by three years of supervised release, for distribution of methamphetamine.
According to court documents and statements made in court, on February 27, 2023, Linder sold a controlled substance containing methamphetamine to a confidential informant in Beckley. Linder admitted to the transaction. Linder was also found in possession of 800 grams of methamphetamine when a search warrant was executed at his house. He was on parole supervision at the time the offenses occurred.
United States Attorney Will Thompson made the announcement and commended the investigative work of the Federal Bureau of Investigation (FBI) and the Beckley/Raleigh County Drug and Violent Crime Unit, which consists of officers from the West Virginia State Police, the Raleigh County Sheriff’s Department, and the Beckley Police Department.
Chief United States District Judge Frank W. Volk imposed the sentence. Assistant United States Attorney Andrew D. Isabell prosecuted the case.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 5:23-cr-171.
Beckley Man Sentenced to More than 13 Years in Prison for Fentanyl Crime and Violating Supervised ReleaseRead the Press Release
BECKLEY, W.Va. – Leon Eugene Smith Jr., 43, of Beckley, was sentenced today to 13 years and five months in prison, to be followed by three years of supervised release, for distribution of a fentanyl and violating his supervised release
According to court documents and statements made in court, on December 15, 2023, Smith sold a controlled substance containing fentanyl to a confidential informant in the Lenark area of Raleigh County. Smith admitted to the transaction and further admitted to selling controlled substances containing fentanyl to a confidential informant on three occasions between December 19, 2023, and January 3, 2024, all in the Lenark area.
On January 8, 2024, law enforcement officers executed a search warrant at Smith’s residence. Officers found fentanyl, marijuana, a pill bottle containing oxycodone, a pill bottle containing black tar heroin, three cell phones, a security system, $1,170 and scales, money counters, vacuum sealers, and other items of drug paraphernalia. Officers also found six long guns, two pistols, a 50-round drum magazine, a 30-round drum magazine, two 30-round rifle magazines and assorted ammunition. Smith admitted to possessing the firearms, magazines and ammunition and further admitted that the drug paraphernalia items were used in the distribution of fentanyl.
At the time of this offense, Smith was serving a term of federal supervised release for a prior conviction. Today’s prison sentence includes 10 months for committing a crime while on supervised release.
United States Attorney Will Thompson made the announcement and commended the investigative work of the Beckley/Raleigh County Drug and Violent Crime Unit and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). The Beckley/Raleigh County Drug and Violent Crime Unit consists of officers from the West Virginia State Police, the Raleigh County Sheriff’s Department, and the Beckley Police Department.
Chief United States District Judge Frank W. Volk imposed the sentence. Assistant United States Attorney Alexander A. Redmon prosecuted the case.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 5:24-cr-22.
Kanawha County Man Pleads Guilty to Federal Drug CrimeRead the Press Release
CHARLESTON, W.Va. – Joseph Daniel Skeens, 35, of St. Albans, pleaded guilty today to distribution of methamphetamine.
According to court documents and statements made in court, on November 17, 2023, Skeens sold approximately 2.5 grams of methamphetamine to a confidential informant in exchange for a new Rigid impact wrench that was still in its original packaging.
Skeens admitted to the transaction and further admitted to at least three additional transactions from October 2, 2023, through November 22, 2023, during which he distributed fentanyl and methamphetamine in exchange for money or items of value such as tools and groceries that were shoplifted at his direction. The transaction occurred at or near Skeens’ residence in St. Albans.
These transactions by Skeens also included the sale of 3.46 grams of fentanyl in exchange for $50 on October 2, 2023, the sale of 1.34 grams of methamphetamine in exchange for a Rigid rotary power hammer on November 18, 2023, and approximately 1 grams of methamphetamine in exchange for approximately $100 worth of groceries on November 22, 2023. Each transaction was with a confidential informant.
Skeens is scheduled to be sentenced on January 9, 2025, and faces a maximum penalty of 20 years in prison, at least three years of supervised release, and a $1 million fine.
United States Attorney Will Thompson made the announcement and commended the investigative work of the St. Albans Police Department and the assistance provided by the U.S. Department of Homeland Security-Homeland Security Investigations (HSI).
United States District Judge Irene C. Berger presided over the hearing. Assistant United States Attorney JC MacCallum is prosecuting the case.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 2:23-cr-200.
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Former School Counselor Sentenced to Prison for Child Pornography CrimeRead the Press Release
CHARLESTON, W.Va. – Cory Thomas, 33, of Charleston, was sentenced today to four years in prison, to be followed by 15 years of supervised release, for possession of prepubescent child pornography. Thomas must also register as a sex offender.
According to court documents and statements made in court, on February 7, 2024, law enforcement officers executed a search warrant at Thomas’ residence in Charleston and seized his cell phone and other electronic devices. An analysis of the electronic devices revealed at least 109 digital files of child sexual abuse material, 75 of which were videos. The videos and image files included child pornography depicting prepubescent minors subjected to sadistic or masochistic conduct and the exploitation of toddlers.
At the time of his arrest, Thomas was employed through a subcontractor as a counselor at a public elementary school and previously worked as a substitute teacher. There was no indication from the investigation that any criminal conduct occurred with students from any of Thomas’ workplaces.
United States Attorney Will Thompson made the announcement and commended the investigative work of the U.S. Department of Homeland Security-Homeland Security Investigations (HSI).
United States District Judge Irene C. Berger imposed the sentence. Assistant United States Attorney Alexander A. Redmon prosecuted the case.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by U.S. Attorneys’ Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 2:24-cr-43.
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Former Charleston Physician Pleads Guilty to Federal Opioid CrimeRead the Press Release
CHARLESTON, W.Va. – Dr. Alexander V. Otellin, 57, formerly of Charleston, pleaded guilty today to the unlawful distribution of oxycodone.
According to court documents and statements made in court, on July 27, 2017, Otellin distributed a quantity of oxycodone to a patient at his psychiatry practice in South Charleston. Otellin admitted that while his specialty was psychiatry, he treated the patient for pain management. Otellin further admitted that this distribution was without a legitimate medical purpose, outside the usual course of medical practice, and without proper authority.
Otellin distributed controlled substances to the patient starting on or about February 6, 2014, until on or about July 15, 2020. During this time period, Otellin knew the patient was receiving opiates from another physician. For the first four years of this time period, Otellin did not review the patient’s medical history for substance abuse or habits or document a review of the database that tracks controlled substance prescriptions. For approximately five months during this time period, Otellin wrote prescriptions for oxycodone and other controlled substances for the patient without conducting evaluations of him.
Otellin was believed to have fled the United States to Russia in order avoid prosecution following his indictment by a federal grand jury on September 22, 2021. Otellin possesses dual citizenship in the U.S. and Russia. The U.S. Marshals Service and the U.S. Attorney’s Office for the Southern District of West Virginia worked with INTERPOL Washington to issue an Interpol Red Notice for Otellin. In September 2023, Otellin entered the country of Armenia and was arrested and detained by Armenian authorities. U.S. Marshals took custody of Otellin in Armenia and transported him back to the United States, arriving in Charleston on April 20, 2024. The Justice Department’s Office of International Affairs worked with Armenian authorities to secure the arrest and extradition of Otellin.
Otellin has surrendered his medical license with the West Virginia Board of Medicine. Otellin is scheduled to be sentenced on January 9, 2025, and faces a maximum penalty of 20 years in prison, at least three years of supervised release, and a $1 million fine.
United States Attorney Will Thompson made the announcement and commended the investigative work of the Drug Enforcement Administration (DEA) and the U.S. Department of Health and Human Services-Office of Inspector General (HHS-OIG).
United States District Judge Irene C. Berger presided over the hearing. Trial Attorney Charles D. Strauss of the U.S. Department of Justice Criminal Division – Fraud Section and Assistant United States Attorneys Owen Reynolds and Andrew D. Isabell are prosecuting the case.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 2:21-cr-159.
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Ohio Man Pleads Guilty to Federal Drug CrimeRead the Press Release
HUNTINGTON, W.Va. – Adrian Horton, also known as “Big Guy” and “Fat Boy,” 23, of Toledo, Ohio, pleaded guilty today to possession with intent to distribute 40 or more grams of fentanyl and a quantity of cocaine base, also known as “crack.”
According to court documents and statements made in court, on March 28, 2022, law enforcement officers executed a search warrant at a Monroe Avenue residence in Huntington where Horton was staying. Officers seized over 40 grams of fentanyl and a quantity of cocaine. Horton admitted that he possessed the seized controlled substances, intended to distribute them, and used the Huntington residence to distributed various kinds of controlled substances.
Horton is scheduled to be sentenced on December 16, 2024, and faces a mandatory minimum of five years and up to 40 years in prison, at least four years of supervised release, and a $5 million fine.
United States Attorney Will Thompson made the announcement and commended the investigative work of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and the Huntington Police Department.
United States District Judge Robert C. Chambers presided over the hearing. Assistant United States Attorneys Owen Reynolds and Stephanie Taylor are prosecuting the case.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 3:24-cr-5.
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Charleston Woman Sentenced to Prison for Fentanyl CrimeRead the Press Release
CHARLESTON, W.Va. – Alexis Nicole Davis, 26, of Charleston, was sentenced today to two years in prison, to be followed by three years of supervised release, for possession with intent to distribute fentanyl.
According to court documents and statements made in court, on June 21, 2023, Davis possessed 10 grams of fentanyl that was arranged to be sold at a Charleston gas station. When Davis arrived at the gas station, she recognized the would-be buyer was a confidential informant and the sale was not conducted. After Davis left the gas station, law enforcement officers stopped her and found the fentanyl in her purse. Davis admitted that she possessed the fentanyl and intended to distribute it to others.
Travell Lamar Johnson, 45, of Big Chimney, participated in the halted transaction and also sold quantities of fentanyl to the confidential informant on three other occasions in June 2023. Johnson was sentenced to four years and three months in prison, to be followed by three years of supervised release, on August 7, 2024, after pleading guilty to distribution of fentanyl.
United States Attorney Will Thompson made the announcement and commended the investigative work of the Charleston Police Department-Special Enforcement Unit.
United States District Judge Joseph R. Goodwin imposed the sentence. Assistant United States Attorney Alexander A. Redmon prosecuted the case.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 2:24-cr-72.
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Charleston Woman Sentenced to Prison for Fentanyl CrimeRead the Press Release
CHARLESTON, W.Va. – Alexis Nicole Davis, 26, of Charleston, was sentenced today to two years in prison, to be followed by three years of supervised release, for possession with intent to distribute fentanyl.
According to court documents and statements made in court, on June 21, 2023, Davis possessed 10 grams of fentanyl that was arranged to be sold at a Charleston gas station. When Davis arrived at the gas station, she recognized the would-be buyer was a confidential informant and the sale was not conducted. After Davis left the gas station, law enforcement officers stopped her and found the fentanyl in her purse. Davis admitted that she possessed the fentanyl and intended to distribute it to others.
Travell Lamar Johnson, 45, of Big Chimney, participated in the halted transaction and also sold quantities of fentanyl to the confidential informant on three other occasions in June 2023. Johnson was sentenced to four years and three months in prison, to be followed by three years of supervised release, on August 7, 2024, after pleading guilty to distribution of fentanyl.
United States Attorney Will Thompson made the announcement and commended the investigative work of the Charleston Police Department-Special Enforcement Unit.
United States District Judge Joseph R. Goodwin imposed the sentence. Assistant United States Attorney Alexander A. Redmon prosecuted the case.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 2:24-cr-72.
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Boone County Man Pleads Guilty to Federal Gun CrimeRead the Press Release
CHARLESTON, W.Va. – Billy Ray Castle Jr., 40, of Bim, pleaded guilty today to being a felon in possession of a firearm.
According to court documents and statements made in court, on July 24, 2023, Castle possessed a Beretta Pietro SPA Model APX 9mm pistol and a Sig Sauer model P250 .40-caliber pistol in the Bim area of Boone County.
Federal law prohibits a person with a prior felony conviction from possessing a firearm or ammunition. Castle knew he was prohibited from possessing a firearm because of his prior felony conviction for robbery in Boone County Circuit Court on November 18, 2003.
Castle is scheduled to be sentenced on December 11, 2024, and faces a maximum penalty of 15 years in prison, up to three years of supervised release, and a $250,000 fine.
United States Attorney Will Thompson made the announcement and commended the investigative work of the Boone County Sheriff's Office and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).
Senior United States District Judge John T. Copenhaver, Jr. presided over the hearing. Assistant United States Attorney Troy D. Adams is prosecuting the case.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 2:24-cr-71.
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South Charleston Man Indicted on Federal Fraud, Money Laundering and Obstruction ChargesRead the Press Release
CHARLESTON, W.Va. – A federal grand jury returned a 15-count indictment yesterday charging Theodore Miller, 34, of South Charleston, with wire fraud, money laundering, and obstruction.
The indictment alleges that, beginning as early as October 2021, Miller conceived and perpetrated two fraudulent schemes to bolster his businesses’ monthly cash flow and to pay unrelated personal and professional debts, obligations and expenses. As part of these schemes, Miller portrayed himself on social media as a wealthy and successful real estate mogul with enough disposable income to travel the world at his leisure. In reality, Miller had poor credit, thin month-to-month financial margins, was delinquent on property taxes and bills, and had defaulted on loans.
One scheme sought to defraud investors by inducing them to invest in two specific real estate projects located on Bigley Avenue in Charleston. One project proposed to rehabilitate a small residential property into a dry-storage lot, and the other proposed to develop duplex housing. Misrepresenting himself on social media as a wealthy and successful real estate investor, Miller created and shared false and misleading promotional materials for these direct investments. Between July 5, 2022, and September 8, 2022, Miller fraudulently induced several individuals to wire a total of $90,000 from California, Florida and Texas to him in Charleston for these projects. Upon receiving the investments, Miller did not proceed with either of the projects and in fact never owned any of the properties involved. Miller ceased all contact with the individuals after they began inquiring about the projects and the money they had invested.
Miller’s other scheme sought to defraud investors by inducing them to invest in “Bear Lute,” a pooled real estate investment vehicle. In or around May 2022, Miller launched Bear Lute and began directing his social media followers to invest through bearlute.com. Miller advertised Bear Lute as a way for ordinary people to invest in real estate and become wealthy and successful, like him. Miller made numerous misrepresentations through his social media posts, his website and one-on-one communications. Among other misrepresentations, Miller falsely that claimed Bear Lute generated exceptionally high and guaranteed returns, investors would receive a minimum return of 6 percent, the average investor historically received a return exceeding 20 percent, the investment was secured by income-producing real estate, and investors could request to withdraw their funds and receive them within 60 days.
Between June 30, 2022, and February 28, 2024, Miller fraudulently induced more than 100 individuals to invest in Bear Lute and obtained more than $200,000 in investor funds. The defrauded investors included two individuals who wired a total of $17,500 from Texas to Miller in Charleston. Nearly all of Miller’s representations and promises about Bear Lute were untrue, including that he owned the property pledged as security for investors. Miller posted false figures on an online investor dashboard that purported to allow investors to track and manage their investments, and ceased all communications with investors who requested withdrawals. Miller also failed to disclose to Bear Lute investors that the West Virginia Securities Commission ordered him to cease and desist operating Bear Lute.
Miller directed most of the fraudulently obtained funds from both schemes toward personal expenses, private investments, and other business expenses. These expenditures were for the benefit of Miller and an individual identified in the indictment as D.D. A resident of Charleston, D.D. was as an active participant in Miller’s businesses, held herself out as the vice president of the Miller-owned and operated Bear Industries LLC, and acted as Miller’s agent while he was outside of the United States. Miller remained outside of the United States from on or about February 12, 2022, to on or about August 8, 2024.
On or about July 20, 2022, Miller engaged in and caused others to engage in a electronic transfer of $20,000 between the bank accounts of Bear Industries LLC and another business he owned and operated, T&C Construction LLC, knowing that the property involved in the monetary transaction was criminally derived. On August 11, 2024, Miller sought to have a backpack and a cell phone destroyed, concealed or altered.
Miller is charged with 12 counts of wire fraud, one count of money laundering and two counts of obstruction. If convicted, Miller faces a maximum penalty of 20 years in prison for each wire fraud count, 10 years in prison for money fraud, and 20 years in prison for each obstruction count. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Will Thompson made the announcement and commended the investigative work of the Federal Bureau of Investigation (FBI), the West Virginia Fusion Center, the West Virginia Securities Commission, and the U.S. Securities and Exchange Commission.
Assistant United States Attorney Holly Wilson is prosecuting the case.
An indictment is merely an allegation and all defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
The U.S. Securities and Exchange Commission filed a parallel civil action yesterday against Miller, Bear Industries LLC, Bear Investments and Business Consulting LLC, and Deanna Drumm in U.S. District Court for the Southern District of West Virginia. The lawsuit alleges that Miller has engaged in the unregistered and fraudulent offer of securities related to his real estate-related investment programs since at least 2022, and that Miller’s social-media persona and businesses were all a calculated fraud to divert investor funds for his own personal benefit. The lawsuit seeks permanent injunctive relief, disgorgement of ill-gotten gains and prejudgment interest, and civil penalties.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case Nos. 2:24-cr-145 and 2:24-cv-479.
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Ohio Man Sentenced to More than 11 Years in Prison for Fentanyl CrimeRead the Press Release
CHARLESTON, W.Va. – Timothy Edwin Payne Jr., 43, of Belpre, Ohio, was sentenced today to 11 years and eight months in prison, to be followed by five years of supervised release, for conspiracy to possess with intent to distribute 100 grams or more of a fentanyl analogue.
According to court documents and statements made in court, on April 4, 2022, Payne arranged for a package containing approximately 1 kilogram of a fentanyl analogue to be shipped through the United States Mail from California to an apartment in Parkersburg, West Virginia. Payne paid the apartment’s resident $1,000 to receive and hold the package for Payne.
Law enforcement officers intercepted the package before it arrived at the apartment, and replaced the fentanyl with a sham substance and a tracking device before the package was delivered to the apartment. Payne tracked the package’s delivery using his mobile phone, and went to the apartment when the package arrived there on April 8, 2022. When Payne opened the package, law enforcement officers knocked on the apartment door. Payne attempted to flee but was arrested. The intercepted package was part of a series of packages that had been shipped from California to the same apartment in Parkersburg, and those packages were also suspected to contain controlled substances.
Payne has a long criminal history that includes three prior felony convictions, including for a drug offense, and 11 misdemeanor convictions.
United States Attorney Will Thompson made the announcement and commended the investigative work of the United States Postal Inspection Service, the Drug Enforcement Administration (DEA), the Parkersburg Narcotics Task Force, and the Parkersburg Police Department.
United States District Judge Thomas E. Johnston imposed the sentence. Assistant United States Attorneys Jeremy B. Wolfe and Andrew D. Isabell prosecuted the case.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 2:22-cr-108.
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Boone County Man Sentenced to Prison for Federal Gun CrimeRead the Press Release
CHARLESTON, W.Va. – Kevin Wayne Britton, 54, of Danville, was sentenced today to one year and one day in prison, to be followed by three years of supervised release, for being a felon in possession of a firearm.
According to court documents and statements made in court, on September 1, 2023, Britton sold a Savage model 67F 12-gauge shotgun and a Hoban Manufacturing model 45 .22-caliber rifle for $250 to a confidential informant in the South Charleston area. Britton also sold 1,000 rounds of .22-caliber ammunition to the confidential informant the previous day.
Federal law prohibits a person with a prior felony conviction from possessing a firearm or ammunition. Britton knew he was prohibited from possessing firearms because of his prior felony conviction for obstruction of justice in United States District Court for the Southern District of West Virginia on November 15, 2012.
United States Attorney Will Thompson made the announcement and commended the investigative work of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).
Senior United States District Judge John T. Copenhaver, Jr., imposed the sentence. Assistant United States Attorney Troy D. Adams prosecuted the case.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 2:24-cr-30.
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Beckley Woman Sentenced for Federal Theft CrimeRead the Press Release
BECKLEY, W.Va. – Jennifer Douglas, 48, of Beckley, was sentenced today to five years of federal probation and ordered to pay $168,729.13 in restitution for theft from federal programs.
According to court documents and statements made in court, in 2018, Douglas was the Chief Operating Officer (COO) of the Citizens Conservation Corp (CCC), a non-profit organization, when it obtained $111,221.09 from the United States Department of Interior National Park Service (NPS). As part of a cooperative agreement with NPS, CCC was supposed to use the funds it obtained to recruit, hire, place, and pay two interns who would perform work at the Olmsted Center for Landscape Preservation for 13 months.
Douglas admitted that CCC did not hire or place an intern under the task agreement for which it received the federal funds, most of which was to be used for intern wages. Douglas instead directed an accountant to draw down $108,752.60 of the obligated federal funds and intentionally misapplied those funds, by fraudulently converting them to CCC’s use. Douglas admitted that she directed that the federal funds be used for unallowable operating expenses for CCC. Douglas further admitted that she did so with the approval of and at the direction of CCC Chief Executive Officer Robert Martin.
Douglas ran CCC’s day-to-day operations as COO and was responsible for managing its various departments. All department heads reported to Douglas, and she reported only to Martin. CCC’s primary source of income from in or around 1998 until in or around the summer of 2018 had been a multimillion-dollar contract with the State of West Virginia to operate the Courtesy Patrol roadside assistance service. CCC lost the Courtesy Patrol contract in the summer of 2018.
Douglas admitted that she was aware that CCC was extremely financially unstable after CCC lost the Courtesy Patrol contract. Douglas further admitted that her position as COO gave her, in conjunction with and at the direction of Martin, the ability to fraudulently convert and intentionally misapply the federal funds for CCC’s use. Douglas also admitted that, at Martin’s direction, she drew down approximately $59,978.13 from other incomplete task agreements under the cooperative agreement with NPS and intentionally misapplied and/or fraudulently converted those funds as well.
Martin, 67, of Beckley, pleaded guilty on January 12, 2024, to fraudulent receipt of property from a debtor. Martin admitted to paying himself without authorization while CEO of CCC after it filed for bankruptcy on April 3, 2019. Martin further admitted that CCC knowingly misspent the $108,752.60 had received from NPS under the cooperative agreement. Martin was sentenced on June 28, 2024, to five years of federal probation and ordered to pay $205,802.49 in restitution.
United States Attorney Will Thompson made the announcement and commended the investigative work of the Federal Bureau of Investigation (FBI) and the U.S. Department of Interior-Office of Inspector General (DOI-OIG).
Chief United States District Judge Frank W. Volk imposed the sentence. Assistant United States Attorneys Holly Wilson and Andrew D. Isabell prosecuted the case.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 5:23-cr-141.
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Parkersburg Man Sentenced to 25 Years in Prison for Child Pornography CrimeRead the Press Release
CHARLESTON, W.Va. – Jon Ryan LaFever, 29, of Parkersburg, was sentenced today to 25 years in prison, to be followed by 15 years of supervised release, for production of child pornography. LaFever must also register as a sex offender.
According to court documents and statements made in court, on or about March 16, 2023, LaFever posted a picture of a minor female on the Kik instant messaging mobile app. LaFever received a direct message after posting the photo from Kik user asking about the minor female. LaFever admitted that he messaged the user that the minor female was a 7-year-old girl to whom he had access. LaFever further admitted that he sent the user several additional photos through direct messaging. The photos included one image of the minor female in her underwear and with her legs spread open, and two images of a minor female’s nude genital area.
LaFever also admitted to sending two videos of the minor female to the Kik user. In both videos, LaFever touches the minor female’s buttocks while she was asleep on a bed, attempts to pull her shorts and underwear aside to expose her genital and pubic area, and stops when she appears to be waking up.
On March 20, 2023, law enforcement officers executed a search warrant of LaFever’s Parkersburg residence. Officers seized LaFever’s cell phone during the search and a forensic analysis found it stored several images and videos depicting the minor female on a bed in his residence. LaFever admitted to creating the images and videos with his cell phone. The videos included two of the minor female that LaFever created with his cell phone on March 6, 2023.
LaFever admitted to officers that he sent the videos on the Kik app. LaFever told officers that he had made approximately 50 images or videos of the minor female while she was asleep in her underwear. LaFever took steps to medicate the minor female and an adult present in the residence to ensure his nighttime sexual abuse of the minor female would not be discovered. LaFever distributed these images and videos of the minor female to other pedophiles in online forums in exchange for child pornography depicting the abuse of other children from around the world.
LaFever admitted to possessing hundreds of images and videos of child pornography on his phone and an online file-storage account, and that some of this child pornography depicted prepubescent minors. LaFever further admitted that the two close-up nude images that he had sent the Kik user were not of his minor female victim, but were cropped from the prepubescent child pornography he possessed.
United States Attorney Will Thompson made the announcement and commended the investigative work of the U.S. Department of Homeland Security-Homeland Security Investigations (HSI) and the West Virginia State Police.
United States District Judge Joseph R. Goodwin imposed the sentence. Assistant United States Attorney Jennifer Rada Herrald prosecuted the case.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by U.S. Attorneys’ Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 2:23-cr-199.
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Huntington Man Pleads Guilty to Federal Drug CrimeRead the Press Release
CHARLESTON, W.Va. – Clarence Montana Walls, 38, of Huntington, pleaded guilty today to distribution of methamphetamine.
According to court documents and statements made in court, on October 11, 2023, Walls sold a controlled substance containing methamphetamine to a confidential informant in Richwood.
Walls is scheduled to be sentenced on January 16, 2025, and faces a maximum penalty of 20 years in prison, up to three years of supervised release, and a $1 million fine.
United States Attorney Will Thompson made the announcement and commended the investigative work of the Central West Virginia Task Force.
Chief United States District Judge Thomas E. Johnston presided over the hearing. Assistant United States Attorney Alexander A. Redmon is prosecuting the case.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 2:24-cr-77.
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Fayette County Man Pleads Guilty to Federal Drug CrimeRead the Press Release
CHARLESTON, W.Va. – Jeff Allen Adkins, 66, of Fayetteville, pleaded guilty today to possession with intent to distribute quantities of methamphetamine and fentanyl.
According to court documents and statements made in court, on May 8, 2022, Adkins was a passenger in a vehicle pulled over by law enforcement officers in Oak Hill. Officers searched the vehicle and found approximately 116 grams of fentanyl and 112 grams of methamphetamine. Adkins told officers he possessed the controlled substances and intended to distribute them.
Adkins is scheduled to be sentenced on January 13, 2025, and faces a maximum penalty of 20 years in prison, at least three years of supervised release, and a $1 million fine.
United States Attorney Will Thompson made the announcement and commended the investigative work of the Oak Hill Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).
Chief United States District Judge Thomas E. Johnston presided over the hearing. Assistant United States Attorneys Alexander A. Redmon and Ryan Blackwell have prosecuted the case.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 2:24-cr-57.
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Charleston Man Pleads Guilty to Federal Drug CrimeRead the Press Release
CHARLESTON, W.Va. – Terrence Jay Mason, 31, of Charleston, pleaded guilty today to distribution of 5 grams or more of methamphetamine.
According to court documents and statements made in court, on April 6, 2023, Mason sold approximately 26 grams of methamphetamine to a confidential informant in Charleston.
Mason is scheduled to be sentenced on December 19, 2024, and faces a mandatory minimum of five years and up to 40 years in prison, at least four years of supervised release, and a $5 million fine.
United States Attorney Will Thompson made the announcement and commended the investigative work of the Charleston Police Department-Street Crimes Unit.
Chief United States District Judge Thomas E. Johnston presided over the hearing. Assistant United States Attorneys Francesca C. Rollo and Samuel D. Marsh are prosecuting the case.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 2:24-cr-34.
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Charleston Developer Sentenced to Prison for Bankruptcy FraudRead the Press Release
CHARLESTON, W.Va. – John H. Wellford III, 73, of Charleston, was sentenced today to one year and one day in prison, to be followed by three years of supervised release, and ordered to pay $730,326.43 in restitution for falsification of bankruptcy records.
According to court documents and statements made in court, on March 29, 2019, Wellford filed for bankruptcy on behalf of Corotoman Inc., a real estate development company he owned and operated. As part of the bankruptcy, Corotoman’s Statement of Financial Affairs required Wellford to disclose all monetary transfers from Corotoman outside the ordinary course of business that had occurred in the two years prior to filing for bankruptcy. Wellford admitted that, despite this requirement, he did not disclose that he had transferred $925,326.43 from Corotoman on or around May 2, 2018 to another of Wellford’s businesses, Marsh Fork Development.
Approximately 10 months prior to the bankruptcy filing, Corotoman received a large influx of cash while it was struggling financially and while one of its creditors was actively trying to collect on an outstanding debt. Wellford deposited a $1,978,101.40 check from American Electric Power in Corotoman’s bank account on or around April 30, 2018. Wellford then transferred $925,326.43 of the funds to Marsh Fork Development on or around May 2, 2018. From that money, Wellford transferred $680,000 to his lawyer’s client trust account. Over the next five months, Wellford caused his lawyer to transfer the entire $680,000 back to various businesses that Wellford owned, primarily Marsh Fork Development.
Wellford admitted that all of these transactions were to ensure that he maintained possession and control over the money so that he could use the money for his businesses. Additionally, when Wellford attended a May 28, 2019 meeting of creditors, he testified that Corotoman had not made any payments to creditors outside the ordinary course of business in the year prior. When Wellford twice amended Corotoman’s bankruptcy filings to account for other undisclosed transactions that took place at the same time as the transfer, he failed to disclose the transfer.
“Today’s sentence is at the upper range of the advisory guideline range and reflects the nature and seriousness of Mr. Wellford’s offense. It is also appropriate given his background. Simply put, he should have known better and he should have done better,” said United States Attorney Will Thompson. “Mr. Wellford went to great lengths to carry out this crime of deception. Each transfer was a deliberate act of duplicity, and there are more than thirty of them. Each failure to disclose was an act of dishonesty.”
Thompson made the announcement and commended the investigative work of the Federal Bureau of Investigation (FBI), the West Virginia State Police, the West Virginia State Auditor’s Office (WVSAO) Public Integrity and Fraud Unit (PIFU) and the West Virginia Offices of the Insurance Commissioner-Special Investigations Division. The United States Trustee’s Charleston field office, which serves West Virginia, made the criminal referral of this case to the U.S. Attorney’s Office. The United States Trustee Program is a component of the Department of Justice whose mission is to promote the integrity and efficiency of the bankruptcy system for the benefit of all stakeholders — debtors, creditors and the public.
“This sentencing sends a clear message: the FBI and our partners will continue to go to great lengths to root out those who think fraud and deception mean more money in their own pocket,” said FBI Pittsburgh Special Agent in Charge Kevin Rojek. “Bankruptcy fraud not only impacts financial institutions and creditors, but it also impacts the everyday person with higher fees and higher taxes. We stand committed to ensuring financial fairness at all levels.”
“Debtors’ responsibility to provide truthful, accurate, and complete information is essential to the proper function of the bankruptcy system,” said Acting United States Trustee Gerard Vetter of Region 4, which includes West Virginia. “This case demonstrates the dedication of the United States Trustee Program and the Justice Department to enforce the statutes imposing that responsibility and to ensure a fair process for debtors, creditors and other stakeholders. We thank U.S. Attorney Thompson and our law enforcement partners for their commitment to protecting the integrity of the bankruptcy system.”
Senior United States District Judge John T. Copenhaver, Jr. imposed the sentence. Assistant United States Attorney Holly Wilson prosecuted the case.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 2:24-cr-63.
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Washington, D.C., Man Pleads Guilty to Federal Assault CrimeRead the Press Release
BECKLEY, W.Va. – MacArthur Walker Jr., 58, of Washington, D.C., pleaded guilty today to assaulting, resisting, or impeding certain officers or employees involving physical contact.
According to court documents and statements made in court, on May 4, 2024, a law enforcement officer conducted a traffic stop of a vehicle driven by Walker on Interstate 64 near Sandstone, West Virginia. The officer smelled the odor of marijuana and a passenger in Walker’s vehicle said there was approximately 3.5 grams of marijuana in the vehicle. The officer directed Walker to exit his vehicle and stand by the officer’s vehicle while the officer searched Walker’s vehicle. On multiple occasions Walker failed to obey the officer’s commands. Walker admitted that he eventually approached the officer and punched him on the right side of his body after the officer removed something from Walker’s vehicle during the search.
Walker is scheduled to be sentenced on January 3, 2025, and faces a maximum penalty of eight years in prison, up to three years of supervised release, and a $250,000 fine. Walker is also forfeiting a Rossi .38 Special revolver that was seized from a bag found in his vehicle.
United States Attorney Will Thompson made the announcement and commended the investigative work of the National Park Service and the Federal Bureau of Investigation (FBI).
United States Magistrate Judge Omar J. Aboulhosn presided over the hearing. Assistant United States Attorney Alexander A. Redmon is prosecuting the case.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 5:24-cr-88.
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Huntington Man Sentenced to Prison for Federal Gun CrimeRead the Press Release
HUNTINGTON, W.Va. – Quintez Robert Kilgore, also known as “Cortez Robert Jackson,” 29, of Huntington, was sentenced today to three years and 10 months in prison, to be followed by three years of supervised release, for being a felon in possession of a firearm.
According to court documents and statements made in court, on November 6, 2023, law enforcement officers encountered Kilgore on the 200 block of Olive Street in Huntington while searching for a fugitive. Kilgore admitted that he possessed a Glock Model 33 .357-caliber pistol that he placed underneath a nearby vehicle to conceal it as the officers approached him. The officers saw Kilgore’s attempt to hide the firearm and seized it. Kilgore admitted that he also possessed 12.64 grams of cocaine base, also known as “crack,” and 9.78 grams of fentanyl that the officers found and seized. Kilgore further admitted that he intended to distribute the seized controlled substances.
Federal law prohibits a person with a prior felony conviction from possessing a firearm or ammunition. Kilgore knew he was prohibited from possessing a firearm because of his prior felony convictions for possession with intent to distribute a controlled substance in Cabell County Circuit Court on October 12, 2017, and being a person prohibited from possessing firearms in Wayne County Circuit Court on January 8, 2020.
United States Attorney Will Thompson made the announcement and commended the investigative work of the United States Marshals Service (USMS) and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).
United States District Judge Robert C. Chambers imposed the sentence. Assistant United States Attorney Joseph F. Adams prosecuted the case.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 3:24-cr-6.
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Sisters Plead Guilty to Federal Drug CrimeRead the Press Release
CHARLESTON, W.Va. – Dawn Marie Bennett, 42, of Las Vegas, Nevada, and April Lynn McNeill, 44, of Parkersburg, West Virginia, each pleaded guilty today to aiding and abetting the use of a communication facility to facilitate drug trafficking.
According to court documents and statements made in court, on or about January 24, 2023, Bennett arranged with McNeill, her sister, to send her a package through the United States Mail containing approximately 334 pills containing either oxycodone or hydrocodone. Law enforcement officers intercepted the package before it arrived at McNeill’s residence. Officers delivered the package to McNeill’s residence and detained her when she accepted delivery of the package.
Bennett and McNeill admitted to the arrangement and also admitted to arranging the shipment of approximately 487 pills containing either oxycodone or hydrocodone from Bennett to McNeill on or about January 19, 2024. Law enforcement intercepted that package, and it never arrived at McNeill’s residence. Bennett and McNeill admitted that McNeill intended to sell pills from both shipments to people in the Parkersburg area.
McNeill and Bennett are scheduled to be sentenced on December 12, 12, 2024, and each faces a maximum penalty of four years in prison, up to one year of supervised release, and a $250,000 fine.
United States Attorney Will Thompson made the announcement and commended the investigative work of the U.S. Postal Inspection Service, the Drug Enforcement Administration (DEA) and the Parkersburg Violent Crime and Narcotics Task Force.
United States District Judge Irene C. Berger presided over the hearings. Assistant United States Attorney Jeremy B. Wolfe is prosecuting the case.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case Nos. 2:24-cr-130 (McNeill) and 2:24-cr-131 (Bennett).
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Kanawha County Woman Pleads Guilty to COVID-19 Relief Fraud SchemeRead the Press Release
CHARLESTON, W.Va. – Jessica Nutter, 39, of St. Albans, pleaded guilty today to receipt of stolen money. Nutter admitted to a scheme to defraud the Paycheck Protection Program (PPP) of $20,830 in COVID-19 relief loans guaranteed by the Small Business Administration (SBA) under the Coronavirus Aid, Relief, and Economic Security Act (CARES Act).
According to court documents and statements made in court, from March 27, 2021 through on or about April 20, 2021, Nutter fraudulently obtained two PPP loans, each for $10,415, from an approved PPP lender in Texas and the SBA. Nutter falsely represented on one loan application that she had a business, Nut House Wood, and that it had received $50,000 in gross income during 2019. Nutter applied for the other fraudulent loan on behalf of her husband. Nutter falsely represented that her husband received $50,000 in gross income during 2019 as an independent contractor for an online food ordering and delivery service.
Businesses applying for PPP loans had to certify that the business was in operation on February 15, 2020, and were required to provide documentation showing their prior gross income from either 2019 or 2020. Nutter admitted that Nut House Wood was not a registered business entity in the State of West Virginia and had never engaged in legitimate business activity when she applied for that loan. Nutter further admitted that her husband was not engaged as an independent contractor for the online delivery service at that time.
The Texas lender approved both of Nutter’s loan applications. On April 9, 2021, $10,415 was transferred to Nutter’s personal bank account from a Texas bank. Nutter admitted that she transferred $1,5573.12 of those stolen funds to a North Carolina business on April 12, 2021, to cover expenses for a family vacation later that year. On April 20, 2021, $10,415 in proceeds from the second loan was transferred from a Texas bank to the personal bank account of Nutter’s husband. Nutter admitted that she and her husband used those stolen funds for general family expenses.
Nutter is scheduled to be sentenced on November 21, 2024, and faces a maximum penalty of 10 years in prison, up to three years of supervised release, and a $250,00 fine. Nutter also owes at least $25,830 in restitution.
United States Attorney Will Thompson made the announcement and commended the investigative work of the U.S. Department of Homeland Security-Homeland Security Investigations (HSI) and the Kanawha County Sheriff’s Office.
Senior United States District Judge John T. Copenhaver, Jr. presided over the hearing. Assistant United States Attorney J. Parker Bazzle II is prosecuting the case.
The CARES Act, enacted in March 2020, offered emergency financial assistance to Americans suffering from the economic effects caused by the COVID-19 pandemic. This assistance included forgivable loans to small businesses for job retention and certain other expenses through the PPP.
On May 17, 2021, the Attorney General established the COVID-19 Fraud Enforcement Task Force to marshal the resources of the Department of Justice in partnership with agencies across government to enhance efforts to combat and prevent pandemic-related fraud. The Task Force bolsters efforts to investigate and prosecute the most culpable domestic and international criminal actors and assists agencies tasked with administering relief programs to prevent fraud by, among other methods, augmenting and incorporating existing coordination mechanisms, identifying resources and techniques to uncover fraudulent actors and their schemes, and sharing and harnessing information and insights gained from prior enforcement efforts. For more information on the Department’s response to the pandemic, please visit https://www.justice.gov/coronavirus.
Anyone with information about allegations of attempted fraud involving COVID-19 can report it by calling the Department of Justice’s National Center for Disaster Fraud (NCDF) Hotline at 866-720-5721 or via the NCDF Web Complaint Form at: https://www.justice.gov/disaster-fraud/ncdf-disaster-complaint-form.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 2:24-cr-81.
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