Southern District of West Virginia

BECKLEY, W.Va. – Jason Michael Tucker, 43, of Frankford, was sentenced today to two years 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 December 30, 2022, Tucker sold a Ruger model Wrangler .22LR caliber revolver to a confidential informant for $125 in the Frankford area of Greenbrier County. Tucker admitted to the transaction, and further admitted to selling a quantity of fentanyl to the confidential informant at the same location a few hours before the transaction.

Federal law prohibits a person with a prior felony conviction from possessing a firearm or ammunition. Tucker knew he was prohibited from possessing a firearm because of his prior felony convictions for possession of a controlled substance with intent to deliver in Monroe County Circuit Court on August 30, 2018, and for delivery of a controlled substance-marijuana in Greenbrier County Circuit Court on April 22, 2005.

Tucker has a long criminal history that spans 23 years and also includes felony convictions for forgery and entering without breaking.

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 Greenbrier Valley Drug and Violent Crime Task Force. The Greenbrier Valley Drug and Violent Crime Task Force is composed of members of the West Virginia State Police, the Greenbrier County Sheriff’s Department, and the Lewisburg Police Department.

United States District Judge Frank W. Volk imposed the sentence. Assistant United States Attorney Andrew D. Isabell 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. 5:24-cr-17.

###

BECKLEY, W.Va. – Algie Kenya Scales, 50, of Beckley, was sentenced today to five years of federal probation for distribution of fentanyl.

According to court documents and statements made in court, on February 23, 2023, Scales sold approximately 2.7 grams of fentanyl in Beckley for $300. Scales admitted to the transaction and further admitted to selling approximately 5 grams of fentanyl for $625 on March 2, 2023, and to selling approximately 4.7 grams of fentanyl for $600 on March 8, 2023. Both of the additional transactions occurred at a predetermined location in Beckley.

Scales has a long criminal history that includes two separate prior felony convictions for distribution of a controlled substance.

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 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 District Judge Frank W. Volk imposed the sentence. Assistant United States Attorney Alexander A. Redmon and third-year law student intern Benedict Husting 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-167.

###

CHARLESTON, W.Va. – Joseph Douglas Collier, 38, of Alum Creek, pleaded guilty today to being a felon in possession of a firearm.

According to court documents and statements made in court, on November 11, 2023, a law enforcement officer removed a Kimber model Tactical Pro II .45-caliber pistol from Collier’s possession after Collier allegedly brandished it outside a Charleston bar.

Federal law prohibits a person with a prior felony conviction from possessing a firearm or ammunition. Collier knew he was prohibited from possession a firearm because of his prior felony conviction for possession with intent to deliver a controlled substance, cocaine, in Kanawha County Circuit Court on January 12, 2010.

Collier is scheduled to be sentenced on November 21, 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 Charleston Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).

United States District Judge Irene C. Berger presided over the hearing. Assistant United States Attorney Samuel D. Marsh 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-69.

###

Two former corrections officers from the Southern Regional Jail in Beaver, West Virginia, pleaded guilty today for their respective roles in an assault that resulted in the death of an inmate, identified by the initials Q.B., on March 1, 2022. Ashley Toney and Jacob Boothe each pleaded guilty to violating inmate Q.B.’s civil rights by failing to intervene to protect Q.B. from being physically assaulted by other correctional officers.

According to their plea agreements, Toney and Boothe each acknowledged that they separately responded to a call for officer assistance after Q.B. tried to push past another correctional officer and leave his assigned pod. After Toney and Boothe arrived, officers restrained and handcuffed Q.B. Toney, Boothe and other officers then escorted Q.B. to an interview room, where Toney and Boothe watched as other officers struck and injured Q.B. while he was restrained, handcuffed and posed no threat to anyone. Toney and Boothe each admitted that officers struck and injured Q.B. in the interview room in order to punish him for attempting to leave his assigned pod. Toney and Boothe each further admitted that they each knew that officers could not use unreasonable force to punish inmates, including pretrial detainees, and that officers had a duty to intervene to stop other officers from using such unreasonable force.  

In her plea agreement, Toney further admitted knowing that the interview room to which officers brought Q.B. was a “blind spot” at the jail — meaning, there were no surveillance cameras to record what happened inside the room. Toney was aware that officers would bring inmates, including pretrial detainees, who had engaged in misconduct to “blind spots” in the jail, where the officers could use unreasonable force without video evidence that would result in accountability for the misconduct.

In addition, in plea documents, Toney admitted that to help officers escape liability, she knowingly provided false information during the ensuing investigation of Q.B.’s death. Toney also intentionally failed to report officers’ unreasonable use of force against Q.B. to state investigators inquiring into Q.B.’s injuries and death, and she conspired with officers to instruct fellow officers to give false information to investigators.

Toney and Boothe were among six former correctional officers indicted by a federal grand jury in November 2023. Trial for the remaining four defendants is scheduled for Oct. 8.

Two other defendants had separately pleaded guilty in connection with Q.B.’s death. On Nov. 2, 2023, former Southern Regional Jail officers Steven Nicholas Wimmer and Andrew Fleshman each pleaded guilty to conspiring with other officers to use unreasonable force against Q.B.

Toney and Boothe each pleaded guilty today before U.S. District Court Judge Joseph R. Goodwin. Sentencing hearings are scheduled for Nov. 4. According to their respective plea agreements, Toney and Boothe each face a maximum penalty of 10 years in prison and a fine of up to $250,000.

Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division, U.S. Attorney William S. Thompson for the Southern District of West Virginia and Special Agent in Charge Kevin P. Rojek of the FBI Pittsburgh Field Office made the announcement.

The FBI Pittsburgh Field Office is investigating the case.

Deputy Chief Christine M. Siscaretti and Trial Attorney Tenette Smith of the Justice Department’s Civil Rights Division and Deputy Criminal Chief Monica Coleman for the Southern District of West Virginia are prosecuting the case.

CHARLESTON, W.Va. – Two former corrections officers from the Southern Regional Jail in Beaver, West Virginia, pleaded guilty today for their respective roles in an assault that resulted in the death of an inmate, identified by the initials Q.B., on March 1, 2022. Ashley Toney and Jacob Boothe each pleaded guilty to violating inmate Q.B.’s civil rights by failing to intervene to protect Q.B. from being physically assaulted by other correctional officers.

According to their plea agreements, Toney and Boothe each acknowledged that they separately responded to a call for officer assistance after Q.B. tried to push past another correctional officer and leave his assigned pod. After Toney and Boothe arrived, officers restrained and handcuffed Q.B. Toney, Boothe and other officers then escorted Q.B. to an interview room, where Toney and Boothe watched as other officers struck and injured Q.B. while he was restrained, handcuffed and posed no threat to anyone. Toney and Boothe each admitted that officers struck and injured Q.B. in the interview room in order to punish him for attempting to leave his assigned pod. Toney and Boothe each further admitted that they each knew that officers could not use unreasonable force to punish inmates, including pretrial detainees, and that officers had a duty to intervene to stop other officers from using such unreasonable force. 

In her plea agreement, Toney further admitted knowing that the interview room to which officers brought Q.B. was a “blind spot” at the jail — meaning, there were no surveillance cameras to record what happened inside the room. Toney was aware that officers would bring inmates, including pretrial detainees, who had engaged in misconduct to “blind spots” in the jail, where the officers could use unreasonable force without video evidence that would result in accountability for the misconduct.

In addition, in plea documents, Toney admitted that to help officers escape liability, she knowingly provided false information during the ensuing investigation of Q.B.’s death. Toney also intentionally failed to report officers’ unreasonable use of force against Q.B. to state investigators inquiring into Q.B.’s injuries and death, and she conspired with officers to instruct fellow officers to give false information to investigators.

Toney and Boothe were among six former correctional officers indicted by a federal grand jury in November 2023. Trial for the remaining four defendants is scheduled for Oct. 8.

Two other defendants had separately pleaded guilty in connection with Q.B.’s death. On Nov. 2, 2023, former Southern Regional Jail officers Steven Nicholas Wimmer and Andrew Fleshman each pleaded guilty to conspiring with other officers to use unreasonable force against Q.B.

Toney and Boothe each pleaded guilty today before U.S. District Court Judge Joseph R. Goodwin. Sentencing hearings are scheduled for Nov. 4. According to their respective plea agreements, Toney and Boothe each face a maximum penalty of 10 years in prison and a fine of up to $250,000.

Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division, U.S. Attorney William S. Thompson for the Southern District of West Virginia and Special Agent in Charge Kevin P. Rojek of the FBI Pittsburgh Field Office made the announcement.

The FBI Pittsburgh Field Office is investigating the case.

Deputy Chief Christine M. Siscaretti and Trial Attorney Tenette Smith of the Justice Department’s Civil Rights Division and Deputy Criminal Chief Monica Coleman for the Southern District of West Virginia 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 Nos. 5:24-cr-123 (Boothe) and 5:24-cr-124 (Toney).

###

CHARLESTON, W.Va. – Lamar Tyrell Coles, 32, of Charleston, was sentenced today to five 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 August 23, 2022, a law enforcement officer arrested Coles on an outstanding warrant. Coles advised the officer that he had a firearm in his pocket. The officer recovered a loaded SCCY CPX-2 9mm pistol from Coles’ right sweatpants pocket which was zipped closed, concealing the firearm.

Federal law prohibits a person with a prior felony conviction from possessing a firearm or ammunition. Coles knew he was prohibited from possessing a firearm because of his prior felony convictions for felonious assault on March 31, 2017, burglary on March 17, 2014, and illegal possession of firearm in open air arena on December 12, 2011, all in Columbiana County, Ohio.

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 Irene C. Berger imposed the sentence. Assistant United States Attorneys Francesca C. Rollo and Samuel D. Marsh 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. 2:23-cr-96.

###

CHARLESTON, W.Va. – Thomas Jason Drake, 48, of Gassaway, was sentenced today to one year and six months in prison, to be followed by three years of supervised release, and fined $7,500 for being a felon in possession of a firearm.

According to court documents and statements made in court, Drake, a lawyer, admitted that he possessed and pawned a Taurus Model G3C 9mm handgun on December 20, 2021, a Winchester Model Grand European XTR .257-caliber rifle on November 22, 2021, and a Colt Model Single Action .45-caliber revolver on December 7, 2021, at Charleston businesses.

Federal law prohibits a person with a prior felony conviction from possessing a firearm or ammunition. Drake knew he was prohibited from possessing a firearm because of his prior felony conviction for embezzlement in Kanawha County Circuit Court on September 13, 2012.

Drake falsely certified on the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) Federal Firearms Transaction Records Form 4473 that he was not a convicted felon when he purchased the Taurus Model G3C 9mm handgun on July 25, 2021, at a Charleston business. Drake purchased two additional firearms at a Charleston business and falsely certified on the ATF Form 4473 each time that he was not a convicted felon.

Drake was in the process of petitioning for reinstatement of his law license at the time of his current offense, as his felony conviction for embezzlement resulted in his disbarment in October 2012. Drake was granted reinstatement on January 6, 2022.

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 Charleston Police Department.

United States District Judge Irene C. Berger imposed the sentence. Assistant United States Attorneys Andrew J. Tessman, Gabriel Price and Nowles Heinrich 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-64.

###

CHARLESTON, W.Va. – Travell Lamar Johnson, 45, of Big Chimney, was sentenced today to four years and three months in prison, to be followed by three years of supervised release, for distribution of fentanyl.

According to court documents and statements made in court, on June 14, 2023, Johnson sold approximately 3.5 grams of fentanyl to a confidential informant at a Charleston gas station. Johnson admitted to the transaction and to arranging it beforehand with the confidential informant.

The confidential informant arranged two additional fentanyl transactions with Johnson that month. Johnson sold the confidential informant approximately 4.8 grams of fentanyl at the Charleston gas station for $500 on June 16, 2023. Johnson agreed to sell 10 grams of fentanyl to the confidential informant on June 21, 2023, at the same location. Co-defendant Alexis Nicole Davis stopped that transaction after recognizing the would-be buyer as a confidential informant. Law enforcement officers apprehended Johnson and Davis following the interrupted drug transaction and seized approximately 9.8 grams of a mixture containing fentanyl.

Johnson has a long criminal history that includes at least six prior convictions for drug-related offenses and other crimes.

Davis, 26, of Charleston, pleaded guilty on May 2, 2024, to possession with intent to distribute fentanyl and awaits sentencing.

United States Attorney Will Thompson made the announcement and commended the investigative work of the Charleston Police Department-Special Enforcement Unit and the Metropolitan Drug Enforcement Network Team (MDENT).

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. 2:23-cr-177.

###

CHARLESTON, W.Va. – Gary Lomax, 62, of Hurricane, pleaded guilty today to theft of public money, property or records. Lomax admitted that he fraudulently obtained approximately $8,760 in unemployment benefits, including COVID-19 supplementary funds, and a $20,832 Paycheck Protection Program (PPP) loan 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, on or about March 24, 2020, Lomax applied for unemployment compensation after he was laid off as a sales associate at a Charleston auto dealership when the COVID-19 pandemic began. Lomax legitimately received unemployment benefits until the week ending April 18, 2020, when he returned to work.

Lomax admitted that from at least April 25, 2020 through at least June 27, 2020, he continued to apply for unemployment benefits that he knew he was not entitled to because he had returned to work. Lomax fraudulently obtained approximately $8,760 in unemployment benefits, including supplementary funds provided by the Federal Pandemic Unemployment Compensation Program (FPUC) of the CARES Act.

WorkForce West Virginia administers the unemployment compensation program for the State of West Virginia. Lomax admitted that as part of his scheme, he falsely certified on the WorkForce West Virginia website for 10 consecutive weeks that he was entitled to unemployment benefits. Lomax submitted the false certification answers while using his personal electronic device in St. Albans.

On March 29, 2021, Lomax applied for a PPP loan by falsely representing that he had earned $369,730 during the 2020 tax year as an independent contractor. PPP loans were available to qualifying independent contractors and self-employed individuals adversely impacted by the COVID-19 pandemic to replace their normal income and for certain other expenses. Lomax admitted that he had no independent contractor income to report for that tax year. Lomax further admitted that he made this false representation in order to receive $20,832, the maximum loan amount available to independent contractors.

Lomax also admitted that he used the fraudulently obtained unemployment benefits and PPP loan funds to make purchases and pay his bills.

Lomax is scheduled to be sentenced on November 13, 2024, and faces a maximum penalty of 10 years in prison, up to three years of supervised release, and a $250,000 fine. Lomax also owes $29,592 in restitution.

United States Attorney Will Thompson made the announcement and commended the investigative work of the WorkForce West Virginia Integrity Section, the National Aeronautics and Space Administration Office of Inspector General (NASA OIG), the Litigation Financial Analyst with the U.S. Attorney’s Office and the West Virginia State Police – Bureau of Criminal Investigation (BCI).

Senior United States District Judge John T. Copenhaver, Jr. presided over the hearing. Assistant United States Attorney Andrew J. Tessman 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. 2:24-cr-114.

###

CHARLESTON, W.Va. – Brandon Christopher Solomon, 29, of South Charleston, pleaded guilty today to distribution of 5 grams or more of methamphetamine and a quantity of fentanyl.

According to court documents and statements made in court, on December 6, 2023, Solomon sold approximately 30 grams of methamphetamine and 10 grams of fentanyl to a confidential informant in the Kanawha City area of Charleston.

Solomon is scheduled to be sentenced on October 30, 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 Federal Bureau of Investigation (FBI) and the Metropolitan Drug Enforcement Network Team (MDENT), which 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 Joseph R. Goodwin presided over the hearing. 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 No. 2:24-cr-54.

###

CHARLESTON, W.Va. – Christopher Grant, 41, of Buckhannon, pleaded guilty today to conspiracy to steal public money, property or records. Grant admitted that he fraudulently obtained approximately $14,336 in unemployment benefits, including COVID-19 supplementary funds, and a $20,832 Paycheck Protection Program (PPP) loan 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, on or about March 25, 2020, Grant applied for unemployment compensation after he was laid off as a sales manager at a Charleston auto dealership when the COVID-19 pandemic began. Grant legitimately received unemployment benefits until the week ending April 18, 2020, when he returned to work.

Grant admitted that from at least April 25, 2020 through at least July 25, 2020, he continued to apply for unemployment benefits that he knew he was not entitled to because he had returned to work. Grant fraudulently obtained approximately $14,336 in unemployment benefits, including supplementary funds provided by the Federal Pandemic Unemployment Compensation Program (FPUC) of the CARES Act.

WorkForce West Virginia administers the unemployment compensation program for the State of West Virginia. Grant admitted that as part of his scheme, he falsely certified on the WorkForce West Virginia website for 14 consecutive weeks that he was entitled to unemployment benefits. Grant submitted the false certification answers while using his personal electronic device in St. Albans.

On March 21, 2021, Grant applied for a PPP loan because he had earned income as an independent contractor during previous tax years. PPP loans were available to qualifying independent contractors and self-employed individuals adversely impacted by the COVID-19 pandemic to replace their normal income and for certain other expenses. Grant admitted that he falsely represented that he had earned $104,580 as an independent contractor for the prior tax year when he knew he had only earned $33,900. Grant further admitted that he made this false representation in order to receive $20,832, the maximum loan amount available to independent contractors.

Grant also admitted that he used the fraudulently obtained unemployment benefits and PPP loan funds to make purchases and pay his bills.

Grant is scheduled to be sentenced on November 14, 2024, and faces a maximum penalty of 10 years in prison, up to three years of supervised release, and a $250,000 fine. Grant also owes $35,168 in restitution.

United States Attorney Will Thompson made the announcement and commended the investigative work of the WorkForce West Virginia Integrity Section, the National Aeronautics and Space Administration Office of Inspector General (NASA OIG), the Litigation Financial Analyst with the U.S. Attorney’s Office and the West Virginia State Police – Bureau of Criminal Investigation (BCI).

Senior United States District Judge John T. Copenhaver, Jr. presided over the hearing. Assistant United States Attorney Andrew J. Tessman 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. 2:24-cr-113.

BECKLEY, W.Va. – Derrick Lee Hodge, 35, of Beckley, was sentenced today to two years and six months in prison, to be followed by three years of supervised release, for distribution of fentanyl.

According to court documents and statements made in court, on February 1, 2023, Hodge sold a controlled substance containing fentanyl to a confidential informant at a Beckley hotel where Hodge was staying. Hodge admitted to the transaction and further admitted to selling controlled substances containing fentanyl to a confidential informant on January 26 and January 31, 2023, in Beckley.

On February 2, 2023, law enforcement officers executed a search warrant at Hodge’s Beckley hotel room. Officers seized a small bag containing cocaine, a set of digital scales with purple residue, plastic bags, $347 and a Ruger Model EC9S 9mm semi-automatic handgun during the search. Hodge admitted that he was distributing drugs out of the hotel room and 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 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.

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-139.

CHARLESTON, W.Va. – Robert Jared Smith, 45, of Charleston, was sentenced today to four years 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 April 16, 2023, law enforcement officers attempted a traffic stop of a vehicle driven by Smith on the 1000 block of Virginia Street East in Charleston. The vehicle was traveling at night with its headlights off. Smith refused to stop, leading officers on a pursuit before crashing at the intersection of Kanawha Boulevard and Brooks Street. While attempting to flee on foot following the crash, Smith tripped and threw a loaded Glock Model 45 9mm pistol under a nearby porch before continuing to flee. Officers recovered the firearm and captured Smith after he fell to the ground.

Federal law prohibits a person with a prior felony conviction from possessing a firearm or ammunition. Smith knew he was prohibited from possessing a firearm because of his prior felony convictions in the United States District Court for the Southern District of West Virginia for aiding and abetting robbery affecting interstate commerce on May 13, 2015, and conspiracy to distribute and possess with intent to distribute cocaine base and aiding and abetting possession with intent to distribute cocaine base on November 17, 2000.

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 Frank W. Volk imposed the sentence. Assistant United States Attorney Holly Wilson 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. 2:23-cr-111.

CHARLESTON, W.Va. – Curon Cameron Cordon, 24, of Charleston, pleaded guilty today to distribution of protonitazene and isotonitazene.

According to court documents and statements made in court, on May 31, 2023, Cordon sold 13 pills to a confidential informant in Charleston. The West Virginia State Police Forensic Laboratory confirmed that the pills contained protonitazene and isotonitazene, synthetic opioids potentially more dangerous and deadly than fentanyl.

Cordon is scheduled to be sentenced on October 31, 2024, 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 Charleston Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).

United States District Judge Joseph R. Goodwin presided over the hearing. Assistant United States Attorney Lesley C. Shamblin 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-50.

HUNTINGTON, W.Va. – Derek Romel Glaze, also known as “Zeke,” 32, of Detroit, Michigan, was sentenced today to eight years in prison, to be followed by four years of supervised release, for distribution of 50 grams or more of a mixture and substance containing a detectable amount of methamphetamine.

According to court documents and statements made in court, on December 1, 2022, Glaze sold approximately 110 grams of methamphetamine to a confidential informant in a vehicle on the 800 block of Marcum Terrace in Huntington. Glaze admitted to the transaction and to arranging it with the confidential informant beforehand.

Glaze further admitted to selling approximately 11 grams of fentanyl to a confidential informant on November 30, 2022, and approximately 29.5 grams of methamphetamine to a confidential informant on January 17, 2023.

Law enforcement officers arrested Glaze on February 7, 2023. Glaze admitted that he told investigators that he received methamphetamine and fentanyl on consignment and distributed it in the Huntington area. Glaze further admitted that he distributed at least 20 pounds of methamphetamine during the preceding six months.

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 Office.

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. 3:23-cr-20.

HUNTINGTON, W.Va. – Thomas Shane Holland, 54, of Salt Rock, was sentenced today to two years and nine months in prison, to be followed by three years of supervised release,  for possession with intent to distribute a quantity of methamphetamine. Holland admitted to his 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, Holland admitted to buying approximately 16 grams of methamphetamine from DTO ringleader Derrell Cashawn Massey outside a Huntington gas station on October 18, 2023. Holland further admitted to arranging the transaction with Massey beforehand by phone. Following the transaction, law enforcement officers conducted a traffic stop of a vehicle in which Holland was a passenger. Officers found the methamphetamine in a container beside Holland in the vehicle during the traffic stop. Holland admitted that he intended to distribute the 16 grams of methamphetamine.

Holland and Massey are 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.

Massey, also known as “Rell” and “Fat Rell,” 34, of Detroit, Michigan, pleaded guilty on April 22, 2024, to the distribution of 50 grams or more of methamphetamine and awaits sentencing. Holland and Massey are 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.

HUNTINGTON, W.Va. – A Kanawha County woman and a Michigan man were sentenced today for their roles in a drug trafficking organization (DTO) responsible for distributing large quantities of methamphetamine and fentanyl in the Southern District of West Virginia.

Ladonna Rae Abner, 50, of Nitro, was sentenced to two years and six months in prison, to be followed by three years of supervised release, for distribution of fentanyl. Trevon Eaarle Godfrey, also known as “Trey,” 28, of Detroit, Michigan, was sentenced to two years in prison, to be followed by one year of supervised release, for use of a communications facility in committing, causing, and facilitating a felony controlled substance offense.

According to court documents and statements made in court, on October 4, 2023, Abner sold approximately 1 gram of fentanyl for $120 to a confidential informant in Nitro. Abner admitted to that transaction and to selling a quantity of fentanyl to a confidential informant on October 17, 2023. On November 15, 2023, law enforcement officers arrested Abner and searched her residence, where they seized approximately 3.5 grams of suspected fentanyl.

On September 4, 2023, Godfrey received a call from another individual who asked Godfrey to conduct a drug transaction with a specific customer. The individual told Godfrey to distribute 10 grams of fentanyl and a quantity of methamphetamine to the customer, who would be bringing $500 for the controlled substances. Godfrey admitted that he met the customer at a location in Huntington pre-arranged by the individual and conducted the transaction.

Abner admitted that DTO ringleader Derrell Cashawn Massey or others working at this direction supplied her with approximately 10 grams of fentanyl a week to distribute from June 2022 until her arrest. Godfrey admitted that he participated in the DTO from at least August 2023 through November 2023.

Massey, also known as "Rell" and "Fat Rell,", 34, of Detroit, Michigan, pleaded guilty on April 22, 2024, to distribution of 50 grams or more of methamphetamine and awaits sentencing. Abner, Godfrey and Massey are 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.

Abner, Godfrey and Massey are 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 sentences. 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.

###

HUNTINGTON, W.Va. – Jason Trador, 46, of Scott Depot, was sentenced today to one year and six months in prison, to be followed by three years of supervised release, and ordered to pay $65,302.16 in restitution for making a false statement to federal agents, willfully overvaluing property on a loan application, and three counts of making a false statement to the United States Department of Housing and Urban Development (HUD).

A federal jury convicted Trador of the five felony offenses on April 10, 2024, after a two-day trial. Evidence at trial proved that Trador fraudulently obtained a $223,870 home mortgage insured by the Federal Housing Administration (FHA) from his then-employer, Victorian Finance LLC, a mortgage lending business. At the time he applied for the FHA loan in August 2018, Trador was delinquent on paying his federal taxes for a prior tax year. Because of the tax debt, Trador was not eligible for an FHA loan under existing FHA program rules. Trador deceived Victorian Finance into approving the application and the FHA into insuring the mortgage by providing a series of falsified documents including a falsified Internal Revenue Service (IRS) tax transcript purporting to show a payoff of the delinquent $8,151 tax debt.

Trador also submitted three heavily edited bank statements to Victorian Finance. Each falsified bank statement substantially inflated the balances in Trador’s bank accounts. Two of the falsified statements reported balances of approximately $27,000 and $15,000 for Trador’s personal bank account when in fact the account had negative balances. Line items, such as for insufficient funds fees, were removed from the falsified bank statements and a line item was added to deceive Victorian Finance into believing that he had paid off the delinquent $8,151 tax debt. Evidence at trial proved the purported payoff never occurred and that Trador was still delinquent on the federal tax debt as of March 2024.

On September 4, 2018, Trador willfully overvalued his assets on a loan application when he signed a Uniform Residential Loan Application that included the false balances from the falsified bank statements.

On May 6, 2022, Trador lied to investigators with HUD’s Office of Inspector General (OIG) and the Federal Bureau of Investigation (FBI) when they interviewed Trador at his Scott Depot residence about his application for the FHA-insured mortgage. Trador denied submitting false bank statements with his loan application, and blamed his fellow employees of the mortgage lending business for the inclusion of the false bank statements in the FHA loan file.

“Jason Trador was a loan officer with a duty to keep fraud out of the mortgage lending industry when he betrayed that position of trust and tricked his then-employer with his sophisticated criminal scheme,” said United States Attorney Will Thompson. “Since the fraud was discovered, Mr. Trador has chosen to attempt to deceive rather than own his mistakes. He lied to federal investigators. He took the stand and made over 30 false statements during his trial. He has shown no acceptance of responsibility or remorse for any of his crimes.”

Thompson made the announcement and commended the investigative work of the U.S. Department of Housing and Urban Development, Office of Inspector General (HUD-OIG) and the Federal Bureau of Investigation (FBI).

“Jason Trador took advantage of his knowledge of the mortgage industry to circumvent the rules and abused the position of trust he held as a loan officer and gatekeeper of FHA-insured loans.  He created and passed false documents allowing him to qualify for a loan he knew he would not otherwise qualify for,” said Special Agent-in-Charge Shawn Rice with the U.S. Department of Housing and Urban Development, Office of Inspector General.  “The sentence handed down today serves as a warning that significant penalties await those willing to commit fraud involving HUD-funded programs. HUD OIG remains committed to working with our prosecutorial and law enforcement partners to aggressively pursue those who engage in activities that threaten the integrity of HUD programs.”

“Fraud activity of any kind has far-reaching consequences, and showing no remorse underscores the seriousness of this crime. The FBI will not stand for individuals who abuse their position for personal gain at the expense of others,” said FBI Pittsburgh Special Agent in Charge Kevin Rojek. “The FBI remains resolute in safeguarding our financial landscape, providing a level playing field for honest consumers, and ensuring the public maintains trust in the integrity of our institutions.”

United States District Judge Robert C. Chambers imposed the sentence. Assistant United States Attorneys Andrew J. Tessman, Jonathan T. Storage and Erik S. Goes 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-117.

###

HUNTINGTON, W.Va. – Tykeith Diemell Martin, 22, of Huntington, was sentenced today to six months in prison, to be followed by three years of supervised release, for possession with intent to distribute heroin.

According to court documents and statements made in court, on July 14, 2023, law enforcement officers executed a search warrant at a Huntington residence where Martin was staying. Officers found approximately 37 grams of heroin, an SCCY 9mm pistol and 9mm ammunition. Martin admitted that he possessed the heroin and firearm and that he intended to distribute the heroin.

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 Office.

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. 3:23-cr-150.

###

CHARLESTON, W.Va. – Brian E. Drake, 56, of Parkersburg, was sentenced today to two years in prison, to be followed by three years of supervised release, and ordered to pay $2,036,141.59 in restitution for tax evasion. Drake admitted to evading payroll and corporate income taxes while the owner and operator of River City Chem Dry (RCCD).

According to court documents and statements made in court, from at least 2008 and continuing through 2021, Drake owned and operated RCCD, which provided general building and specialty contracting services throughout West Virginia. Drake admitted that as an employer, he had a legal responsibility to collect and pay over to the IRS payroll taxes withheld from his employees’ wages and complete and file IRS Form 941. Drake further admitted that he knew that after he reorganized RCCD as a C corporation in 2012, he was required to pay corporate income taxes on earned income and complete and file IRS Form 1120 on behalf of RCCD every year.

Beginning no later than 2005, Drake amassed a significant tax debt due to unpaid personal income taxes. Drake admitted that while his tax problems began as personal in nature, they later extended to RCCD. Drake’s tax delinquencies grew exponentially from 2005 through 2016, despite IRS attempts to collect his outstanding balances and work with him to help him attain compliance.

Drake admitted that he willfully evaded payment of $299,765 in payroll taxes, including federal taxes and the employer-due portion of Social Security and Medicare, for reported wages paid to RCCD employees from at least 2016 through 2019. Drake further admitted that he evaded the assessment of $347,054.87 in payroll taxes by routinely paying RCCD employees substantially in cash from at least 2017 and continuing through 2021. Employees would receive paychecks reflecting a portion of their hourly wages and withheld taxes each payday along with envelopes containing cash for the hours they worked for which no federal taxes were withheld or paid over to the IRS.

Drake also admitted that he failed to report money earned by RCCD for tax year 2016 and continuing through tax year 2021. Drake further admitted that he did not file corporate income tax returns for RCCD for tax years 2019, 2020, and 2021 to evade payment of corporate income taxes.

The $2,036,141.59 in court-ordered restitution reflects Drake’s unpaid taxes, interest, and penalties.

“The defendant has a long and repeated history of failing to pay personal and business taxes that has persisted from 2005 until now,” said United States Attorney Will Thompson. “The transferring of assets and attempts to conceal income show that his actions were not a series of neglectful mistakes, but willful, intentional, and deliberate conduct. I commend the Internal Revenue Service (IRS) for their investigative work in this case.”

"This is precisely the type of conduct IRS Criminal Investigation and our law enforcement partners are committed to deterring," said Kareem Carter, Executive Special Agent in Charge of the Internal Revenue Service - Criminal Investigation (CI), Washington, D.C. Field Office. Today’s sentencing sends a clear message that we are committed to protecting the integrity of our tax system and holding those accountable who deliberately circumvent Unites States tax laws."

United States District Judge Irene C. Berger imposed the sentence. Assistant United States Attorneys Erik S. Goes 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. 2:23-cr-192.

###

CHARLESTON, W.Va. – Lydia Spencer, 33, of South Charleston, was sentenced today to four months in prison, to be followed by three years of supervised release, and ordered to pay $36,814.13 in restitution for conspiracy to commit bank fraud. Spencer admitted to participating in a scheme to defraud the Paycheck Protection Program (PPP) of $31,250 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, Spencer was the sole proprietor of Les Prints, a custom clothing business that had its principal office in Charleston. Spencer admitted to conspiring with at least three other individuals in April 2021 to obtain fraudulent PPP loans for her business. The PPP offered forgivable loans to small businesses for job retention and certain other expenses, as part of the emergency financial assistance provided by the CARES Act to Americans suffering from the economic effects caused by the COVID-19 pandemic.

One of the co-conspirators recruited Spencer to participate in the scheme that spring, and Spencer provided her personal and bank account information to this individual. On April 8, 2021, another of the co-conspirators used Spencer’s information to submit fraudulent PPP loan applications on behalf of Les Prints to two different lenders. Each lender approved a PPP loan for Les Prints. Spencer received a $15,625 transfer disbursed by one of the lenders on April 30, 2021, and a $15,625 transfer disbursed by the other lender on June 17, 2021. Both transfers were deposited in Spencer’s personal bank account with an Oklahoma-based bank.

Spencer admitted that the PPP loan applications contained materially false information. Businesses applying for PPP loans were required to provide documentation showing their prior gross income from either 2019 or 2020. Spencer admitted that the loan applications falsely stated that Les Prints had received $75,000 in gross income in 2020, and included a fraudulent Internal Revenue Service (IRS) Form 1040, Schedule C Profit or Loss from Business reporting that false gross income. Spencer further admitted that this false information qualified Les Prints for a loan amount it otherwise would have not been qualified to receive.

Between May 3, 2021, and June 21, 2021, Spencer used a mobile payment service app to transfer a total of $4,000 from the fraudulent loan proceeds to one of the co-conspirators. Spencer admitted that she attempted to obscure the nature of these transfers by labeling them as marketing expenses for her business. Spencer further admitted that she spent the remainder of the fraudulent loan proceeds on personal expenses. Spencer also admitted that she was aware that her co-conspirators had obtained additional fraudulent PPP loans in the names of other individuals.

United States Attorney Will Thompson made the announcement and commended the investigative work of the Federal Bureau of Investigation (FBI).

United States District Judge Irene C. Berger imposed the sentence. Assistant United States Attorneys Holly Wilson and Gabriel Price prosecuted 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. 2:24-cr-53.

###

CHARLESTON, W.Va. – After three days of trial, a federal jury convicted Camri Calrissian White, 25, of Cross Lanes, today of robbery, discharge of a firearm during a crime of violence, and being a felon in possession of a firearm.

Evidence at trial proved that White robbed a Cross Lanes convenience store shortly before 5:15 a.m. on July 11, 2023, while armed with a Smith & Wesson M&P 9mm pistol with an extended magazine. White entered the business while wearing a mask and fired one round from the pistol into the ceiling. White held two store employees at gunpoint while ordering them to retrieve money from both registers and a locked safe under the front counter. Before fleeing the store, White told the employees that he would return and kill them if they called the police within the next 10 minutes.

Surveillance video from the store and other nearby locations helped law enforcement officers identify White as the culprit of the robbery. On July 17, 2023, officers arrived at the Cross Lanes apartment where White was staying. Officers recovered the pistol with the extended magazine after White tossed it from a rear window of the apartment after they arrived. Officers searched the apartment and found clothing worn by White during the robbery. During the search, officers learned that White had access to a vacant and unlocked apartment nearby. Officers searched that apartment and found more clothing worn by White during the convenience store robbery.

Federal law prohibits a person with a prior felony conviction from possessing a firearm or ammunition. White was prohibited from possessing a firearm because of his prior felony conviction for first-degree robbery with a firearm in Kanawha County Circuit Court on December 11, 2017. In that case, White pleaded guilty to his role in a January 31, 2017, home invasion robbery, during which he pressed a sawed-off shotgun to the chest of the 84-year-old victim while threatening to kill her.

White is scheduled to be sentenced on November 21, 2024, and faces up to 20 years in prison for robbery, a consecutive term of 10 years and up to life in prison for discharge of a firearm during a crime of violence, and up to 15 years in prison for being a felon in possession of a firearm.

“At the point of a gun, Camri Calrissian White committed this violent act while threatening to kill his victims. Today’s verdicts will keep a dangerous criminal off our streets for a long time,” said United States Attorney Will Thompson. “I commend the South Charleston Police Department, the Kanawha County Sheriff’s Office and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) for their investigative work in this case. I also commend Assistant United States Attorneys JC MacCallum and Jennifer Rada Herrald and our trial team for securing the guilty verdicts in this case.”

United States District Judge Irene C. Berger presided over the jury trial.

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. 2:23-cr-168.

###

CHARLESTON, W.Va. – A federal grand jury in Charleston, West Virginia, returned an indictment today charging a West Virginia man with not paying employment taxes and not filing his personal tax returns.

According to the indictment, since 1994, Dean Dawson, of Hurricane, owned and operated Real Property Consulting Group LLC, a real estate appraisal business. The indictment charges that from the third quarter of 2018 to 2023, Dawson did not pay to the IRS the Social Security, Medicare and federal income taxes that were withheld from employees’ paychecks or file quarterly tax returns reporting those withholdings, as required by law. Though Dawson allegedly provided his employees with Forms W-2, Wage and Tax Statement, he did not file those forms with the Social Security Administration. Dawson allegedly used his business bank account to pay his personal expenses and directed funds to his wife who was not an employee. The indictment further alleges that Dawson did not file personal tax returns from 2018 to 2023.

Dawson was charged with 19 counts of failing to collect and pay over employment taxes and six counts of willfully failing to file personal tax returns. If convicted, he faces a maximum penalty of five years in prison for each employment tax count and a maximum penalty of one year in prison for each count of failure to file a tax return. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

Acting Deputy Assistant Attorney General Stuart M. Goldberg of the Justice Department’s Tax Division and U.S. Attorney William S. Thompson for the Southern District of West Virginia made the announcement.

IRS Criminal Investigation is investigating the case.

Trial Attorneys Brian E. Flanaghan and Rebecca A. Caruso of the Tax Division and Assistant U.S. Attorney Jonathan Storage for the Southern District of West Virginia are prosecuting the case.

An indictment is merely an allegation. All defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.

 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-120.

###

CHARLESTON, W.Va. – Ildiberto Gonzalez Jr., 30, of San Bernadino, California, was sentenced today to 14 years in prison, to be followed by three years of supervised release, for conspiracy to distribute a quantity of methamphetamine. Gonzalez 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, on March 18, 2023, Gonzalez was directed by co-conspirator Alejandro Gallegos to deliver approximately 196 pounds of methamphetamine and four kilograms of cocaine from California to Bluefield, West Virginia. Gonzalez transported the controlled substances in his 2009 Freightliner semi-truck with attached trailer. On March 22, 2023, Gonzalez met a West Virginia co-conspirator in a Bluefield parking lot. There, Gonzalez exchanged the shipment with a box that he believed contained approximately $400,000 as payment for the controlled substances.

Gonzalez was driving away from the transaction in his semi-truck when law enforcement pulled him over. Gonzalez notified Gallegos by phone during the traffic stop. Officers seized his cell phone and a loaded 9mm pistol that Gonzalez also had in the truck’s cab.

Gonzalez admitted that he previously delivered boxes containing controlled substances in approximately January 2023 from California to the individual in Bluefield at the direction of Gallegos. Gonzalez admitted he received cash for that transaction that he took back to California and gave to Gallegos.

Gonzalez and Gallegos are 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.

Gallegos, also known as “Alex,” “Rooster,” “G” and “Primo,” 41, 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. Gonzalez and Gallegos are among 29 defendants who have pleaded guilty. Another defendant, Mark Leslie Lively, 57, 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 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. 1:23-cr-32.

###

CHARLESTON, W.Va. – Joshua Lambert, 36, of St. Albans, was sentenced today to six months in prison, to be followed by three years of supervised release, and ordered to pay $10,616 in restitution for conspiring to steal public money, property or records. Lambert admitted that he fraudulently obtained $10,616 in unemployment benefits, including COVID-19 supplementary funds, while in state and federal custody.

According to court documents and statements made in court, Lambert had been receiving legitimate unemployment benefits from June 2020 until on or about September 28, 2020, when he was incarcerated on state and federal charges. Lambert admitted that he conspired with a family member to receive unemployment benefits fraudulently while he was incarcerated. The family member accessed the WorkForce West Virginia website from a St. Albans residence for 32 consecutive weeks and falsely certified that Lambert was entitled to unemployment benefits. WorkForce West Virginia administers the unemployment compensation program for the State of West Virginia. Lambert admitted that he was not entitled to the benefits because he was incarcerated and unavailable to work.

Lambert was released from incarceration on or about April 8, 2024. Lambert admitted that he fraudulently applied for and received more than $10,616 in unemployment compensation benefits from at least September 2020 through at least May 2022. Lambert further admitted that the unemployment benefits he fraudulently obtained included supplementary funds provided by the Federal Pandemic Unemployment Compensation Program (FPUC) of the Coronavirus Aid, Relief, and Economic Security (CARES) Act.

Lambert has fully paid the $10,616 in court-ordered restitution.

United States Attorney Will Thompson made the announcement and commended the investigative work of the WorkForce West Virginia Integrity Section and the Litigation Financial Analyst with the U.S. Attorney’s Office.

United States District Judge Irene C. Berger imposed the sentence. Assistant United States Attorney Andrew J. Tessman prosecuted 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. 2:24-cr-39.

###

CHARLESTON, W.Va. – Willie Charles Sanders, also known as “Disco,” 51, of Charleston, was sentenced today to five years in prison, to be followed by three years of supervised release, for distribution of methamphetamine.

According to court documents and statements made in court, Sanders admitted that he sold approximately 28 grams of methamphetamine to a confidential informant on August 23, 2022. The transaction was among 16 transactions during which Sanders sold a total of approximately 111 grams of methamphetamine, 23 grams of fentanyl and a quantity of cocaine base, also known as “crack,” to the confidential informant between August 2, 2022, and November 18, 2022.

All of the transactions occurred at Sanders’ residence on the West Side of Charleston. Sanders sold the controlled substances in exchange for cash and items purported to be stolen such as catalytic converters, tools and clothing including clothing for his youngest child.

Sanders has a long criminal history that includes more than 30 prior convictions since 1991 in West Virginia, North Carolina, South Carolina, Virginia and Connecticut for various offenses including aggravated assault and battery, carrying a concealed weapon, distribution of crack cocaine, possession with intent to distribute a controlled substance, driving under the influence, identity fraud, and larceny.

United States Attorney Will Thompson made the announcement and commended the investigative work of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), the Federal Bureau of Investigation (FBI), and the Charleston Police Department’s Special Enforcement Unit (SEU).

Senior United States District Judge John T. Copenhaver, Jr. imposed the sentence. Assistant United States Attorney Troy D. 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. 2:23-cr-164.

###

HUNTINGTON, W.Va. – Christopher Anthony O'Dell, 39, of Hurricane, was sentenced today to four years and nine months in prison, to be followed by three years of supervised release, for  distribution of quantities of methamphetamine and fentanyl. O’Dell admitted to his 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, O’Dell participated in the DTO from approximately November 2022 through November 2023. O’Dell admitted that he sold approximately 1.1 grams of fentanyl and 3.5 grams of methamphetamine for $200 to a confidential informant on August 18, 2023. O’Dell further admitted that the transaction took place at his Hurricane residence, and that he arranged it beforehand with the confidential informant by text message.

The DTO participants used a St. Albans residence to store and distribute fentanyl and methamphetamine. O’Dell conducted distributions and transported various individuals from the St. Albans residence to a Ninth Avenue residence in Huntington where they received additional amounts of fentanyl and methamphetamine before O’Dell transported them back to the St. Albans residence.

On August 28, 2023, a law enforcement officer conducted a traffic stop of a vehicle driven by O’Dell in St. Albans. The officer seized approximately 51 grams of fentanyl and two muzzleloading pistols from the vehicle during the traffic stop. O’Dell admitted that co-defendant Jashawn William Lawson was a passenger in his vehicle during the traffic stop and that he was aware that Lawson was in possession of fentanyl that Lawson was transporting to St. Albans to distribute. O’Dell further admitted to possessing the seized firearms.

O'Dell and Lawson are 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.

Lawson, also known as “Nitty,” 23, of Detroit, Michigan, pleaded guilty on April 16, 2024, to aiding and abetting possession with the intent to distribute 5 grams or more of methamphetamine and awaits sentencing.

O’Dell and Lawson are 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.

###

CHARLESTON, W.Va. – After two days of trial, a federal jury convicted Mark Leslie Lively, 57, of Kenna, of conspiracy to distribute 50 grams or more of methamphetamine and possession with intent to distribute 50 grams or more of methamphetamine.

Evidence at trial proved that Lively participated in a drug trafficking organization (DTO) that operated in the Charleston area from about November 2022 to in or about March 2023. Members of the DTO conspiracy commonly obtained their controlled substances on consignment, paying their suppliers with proceeds from distributing them to customers. On February 2, 2023, law enforcement officers intercepted a series of phone calls between Lively and co-conspirator Karl Lamont Funderburk, during which the two discussed money that Lively owed Funderburk and arranged for Lively to obtain a quantity of methamphetamine from Funderburk.

Funderburk and Lively met later that day at in an alley near Washington Street West in Charleston, where Funderburk provided approximately 138 grams of methamphetamine to Lively. Funderburk received $900 from Lively, including $400 that Lively owed for a prior drug transaction that the two discussed during the intercepted phone calls. As Lively drove away from the meeting place, a law enforcement officer conducted a traffic stop of Lively’s vehicle and requested the assistance of a police K-9 unit. The police K-9 alerted to the presence of controlled substances in the vehicle. The officer searched Lively’s vehicle and seized the methamphetamine hidden underneath the dashboard.

The officer issued a citation to Lively for simple possession and allowed him to leave. Law enforcement intercepted a phone call Lively made to Funderburk following the traffic stop, relaying the details of the traffic stop and the seizure of the methamphetamine. The evidence at trial established that Lively intended to distribute the methamphetamine that he received from Funderburk. 

Lively is scheduled to be sentenced on November 4, 2024, 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.

Funderburk, 38, of Charleston, pleaded guilty on December 6, 2023, to 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, and conspiracy to distribute a quantity of fentanyl. Funderburk awaits sentencing.

Lively and Funderburk are 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 also among 29 of the defendants who have pleaded guilty. 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.

“I commend Assistant United States Attorneys Jeremy B. Wolfe and Joshua Hanks and our trial team for securing guilty verdicts on both counts against Lively in this case, which is the result of tremendous investigative work by a dedicated array of our law enforcement partners,” said United States Attorney Will Thompson.

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 presided over the jury trial.

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.

###

CHARLESTON, W.Va. – Dailen Isaiah Defoe, 21, of Princeton, was sentenced today to nine years in prison, to be followed by three years of supervised release, for distribution of fentanyl.

According to court documents and statements made in court, on December 8, 2022, law enforcement officers executed a search warrant at a Bluefield residence where Defoe and co-defendant Malachi Damonte Cooper were staying. Officers found 734 grams of methamphetamine, approximately 130 grams of fentanyl, digital scales, a money counter, a Micro Draco 7.62mm semi-automatic pistol, a Glock 9mm pistol loaded with a 30-round magazine, and over $23,000. Defoe and Cooper admitted that they possessed the controlled substances and intended to distribute them.

Defoe further admitted to selling a quantity of fentanyl to a confidential informant in Princeton on August 19, 2021. Defoe also admitted to selling additional quantities of fentanyl to the confidential informant in Princeton on August 23 and August 31, 2021.

On August 31, 2022, law enforcement officers executed a search warrant at a residence where Defoe was staying in Princeton. Officers found approximately 375 grams of methamphetamine, 774 grams of fentanyl, 13 grams of heroin, three semi-automatic handguns, two drum magazines, various other firearm magazines and ammunition, and several thousand dollars. Defoe admitted that he possessed the controlled substances and intended to distribute them.

Cooper, 22, of Princeton, was sentenced on March 4, 2024, to eight years in prison, to be followed by four years of supervised release, after pleading guilty to possession with intent to distribute 40 grams or more of fentanyl and 50 grams or more of methamphetamine.

United States Attorney Will Thompson made the announcement and commended the investigative work of the Southern Regional Drug and Violent Crime Task Force. The task force consists of members of the West Virginia State Police, the Bluefield Police Department, the Princeton Police Department, the Mercer County Sheriff’s Department, the McDowell County Sheriff’s Department, and the Wyoming County Sheriff’s Department.

Senior United States District Judge David A. Faber 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. 1:23-cr-119.

###

CHARLESTON, W.Va. – Jason Todd Painter, 40, of Clendenin, pleaded guilty today to conspiracy to distribute a quantity of methamphetamine.

According to court documents and statements made in court, from March 15, 2023 through June 24, 2023, Painter received 11 packages containing methamphetamine sent by a co-conspirator from New York to Painter’s residence in Clendenin. Painter kept some of the methamphetamine for himself and held the rest for the co-conspirator to pick up. The co-conspirator occasionally directed Painter to deliver methamphetamine to other individuals in the Kanawha County area.

On July 15, 2023, the co-conspirator shipped a package through the United States Postal Service from New York to Painter in Clendenin. Law enforcement intercepted the package and discovered that it contained approximately 4.2 kilograms of methamphetamine.

Painter is scheduled to be sentenced on October 16, 2024, 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 Metropolitan Drug Enforcement Network Team (MDENT), the U.S. Postal Inspection Service, and the U.S. Department of Homeland Security-Homeland Security Investigations (HSI).

Senior United States District Judge David A. Faber 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-182. 

###

CHARLESTON, W.Va. – Tony Lashon Cleveland Jr., 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 or about September 12, 2023, an FCI McDowell staff member conducted a pat-down search of Cleveland and found a handcrafted weapon commonly known as a “shank” in one of his socks. The shank was a piece of metal approximately five inches long with a sharpened point on one end and melted plastic on the other end to form a handle. Cleveland admitted to possessing the shank, and further admitted that it was designed and intended to be used as a weapon.

Cleveland is scheduled to be sentenced on November 12, 2024, 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-62.

###

BLUEFIELD, W.Va. – Austin Pannell, 27, of Bluefield, was sentenced today to nine years in prison, to be followed by three years of supervised release, for distribution of fentanyl.

According to court documents and statements made in court, on August 18, 2022, Pannell sold a quantity of fentanyl to a confidential informant outside of a Princeton apartment. Pannell admitted to that transaction and further admitted to selling additional quantities of fentanyl to a confidential informant on three other occasions in Princeton and Bluefield between July 12, 2022, and August 18, 2022.

On July 27, 2023, law enforcement officers arrested Pannell at a residence in Bluefield. Officers executed a search warrant at that residence and found 568 grams of fentanyl, a Delton 5.56mm AR-15 semi-automatic rifle, and a Phoenix Arms .25-caliber handgun that were attributed to Pannell.

United States Attorney Will Thompson made the announcement and commended the investigative work of the Southern Regional Drug and Violent Crime Task Force. The task force consists of members of the West Virginia State Police, the Bluefield Police Department, the Princeton Police Department, the Mercer County Sheriff’s Department, the McDowell County Sheriff’s Department, and the Wyoming County Sheriff’s Department.

Senior United States District Judge David A. Faber 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. 1:23-cr-109.

###

HUNTINGTON, W.Va. – Paul Anthony Rucker, 47, of Nitro, was sentenced today to six years and six months in prison, to be followed by three years of supervised release, for aiding and abetting possession with intent to distribute quantities of methamphetamine and fentanyl. Rucker admitted to his role in a drug trafficking organization (DTO) responsible for distributing large quantities of methamphetamine and fentanyl in the Huntington area.

According to court documents and statements made in court, on November 15, 2023, law enforcement officers arrested Rucker and searched his Nitro residence. Rucker admitted that he and others used the residence to distribute controlled substances. Officers seized 64.45 grams of methamphetamine, approximately 41 grams of fentanyl, 11 firearms, and ammunition during the search. Rucker admitted that he and another individual possessed the firearms and ammunition and intended to distribute the controlled substances found during the search.

Rucker further admitted to participating in the DTO from at least February 2023 through November 2023. As part of that participation, Rucker admitted that he distributed fentanyl to a confidential informant at his Nitro residence on May 19, 2023, and to transporting quantities of methamphetamine and fentanyl from Huntington to Nitro in a vehicle with co-defendant Mark Lawrence Lowe on September 9, 2023. Law enforcement officers conducted a traffic stop of the vehicle and seized approximately 149 grams of fentanyl and 222.6 grams of methamphetamine. Rucker admitted that he and Lowe intended to distribute the controlled substances.

Rucker and Lowe are among 27 individuals indicted in a 53-count indictment that charges the defendants with distributing methamphetamine and fentanyl transported from Detroit in Huntington and other locations within the Southern District of West Virginia.

Rucker 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 Lowe and 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.

###

BLUEFIELD, W.Va. – Matthew Alexander Wilson, 29, of Bluefield, pleaded guilty today to possession with intent to distribute fentanyl and methamphetamine.

According to court documents and statements made in court, on August 16, 2023, Wilson and Denise R. Allen were apprehended at a gun store in Princeton, West Virginia. Following their arrest, Wilson and Allen consented to a search by law enforcement officers of a truck they had rented using a stolen identity. Officers found 431 grams of methamphetamine, 21 grams of fentanyl and two Glock 9mm semiautomatic handguns during the search of the rental truck. Wilson and Allen admitted they possessed the methamphetamine and fentanyl and intended to distribute it.

Allen, 30, of Bluefield, was sentenced on June 10, 2024 to five years in prison, to be followed by five years of supervised release, after pleading guilty to possession with intent to distribute fentanyl and methamphetamine.

Wilson is scheduled to be sentenced on November 12, 2024, 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 Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and the Southern Regional Drug and Violent Crime Task Force. The task force consists of members of the West Virginia State Police, the Bluefield Police Department, the Princeton Police Department, the Mercer County Sheriff’s Department, the McDowell County Sheriff’s Department, and the Wyoming County Sheriff’s Department.

Senior United States District Judge David A. Faber 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 Nos. 1:23-cr-152.

###

BECKLEY, W.Va. – Liteef Hughes, 43, of Beckley, was sentenced today to eight years in prison, to be followed by three years of supervised release, for the distribution of cocaine base, also known as “crack.”

According to court documents and statements made in court, on April 28, 2022, Hughes sold a quantity of crack to a confidential informant at his Beckley residence. On May 5, 2022, law enforcement officers executed a search warrant at Hughes’ residence and found quantities of cocaine and crack and $1,667. Hughes admitted to possessing the cocaine and crack, and further admitted that the $1,667 was proceeds obtained from drug trafficking. The investigation revealed that Hughes had distributed cocaine for approximately two and a half years.

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 Beckley/Raleigh County Drug and Violent Crime Unit.

United States District Judge Frank W. Volk imposed the sentence. Assistant United States Attorney Timothy D. Boggess 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. 5:22-cr-105.

###

BECKLEY, W.Va. – Steven Marvin Lawson Jr., also known as “Bali,” 30, of Beckley, was sentenced today to 10 years in prison to run consecutively to his current state sentence, which includes a life term with no chance for parole, for being a felon in possession of a firearm.

According to court documents and statements made in court, on September 28, 2020, Lawson fatally shot the 17-year-old mother of his child with a Springfield Armory model XD .45-caliber pistol at a residence in Jumping Branch. With another individual, Lawson dismembered the minor female’s body following the murder and discarded the body parts across several states.

Lawson falsely told investigators that he dismantled the firearm, which was stolen, and threw the parts away at different locations. Investigators recovered the firearm intact from the mother of Lawson’s other children at her Georgia residence, where Lawson had hidden the firearm in a bag of laundry. Analysis by the West Virginia State Police Forensic Laboratory confirmed that the recovered firearm fired the bullet that killed the minor female.

Federal law prohibits a person with a prior felony conviction from possessing a firearm or ammunition. Lawson was prohibited from possessing a firearm because of his prior felony convictions for two counts of theft by receiving stolen property in Gwinnett County, Georgia, Superior Court on May 13, 2016.

Lawson has a long criminal history dating from when he was 17 that also includes more than a half-dozen convictions for misdemeanor offenses. A Summers County Circuit Court jury found Lawson guilty of first-degree murder, child abuse resulting in death by a parent, guardian or custodian, concealment of a dead body and conspiracy to conceal a dead body in the death of the 17-year-old on March 15, 2024.

“If Mr. Lawson had not possessed a loaded firearm that he knew he was not allowed to possess, the 17-year-old minor might still be alive,” said United States Attorney Will Thompson. “He then helped to dismember and discard her as if she was a disposable object and not a person who mattered. He also showed a complete disregard for how his actions would devastate her family and loved ones, including his own child with her. Today’s sentence reflects the heinous nature of this offense, is appropriate given Mr. Lawson’s repeated criminal conduct, and protects the public from further crimes by him.”

Thompson made the announcement and commended the investigative work of the U.S. Department of Homeland Security-Homeland Security Investigations (HSI), the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), and the West Virginia State Police-Bureau of Criminal Investigation (BCI).

“This case serves as a grim reminder that convicted felons and domestic abusers should not possess firearms,” said ATF Special Agent in Charge Shawn Morrow of the Louisville Division which covers all of West Virginia. “A 17-year-old mother has been taken from her family, and our community suffered another senseless violent crime.  We hope this sentence brings some sense of justice and sends a very clear message that ATF and our partners will use every tool available to protect our communities."

United States District Judge Frank W. Volk imposed the sentence. Assistant United States Attorneys Monica D. Coleman, Kathleen Robeson and Kristin F. Scott 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. 5:22-cr-217.

###

CHARLESTON, W.Va. – Jesus Emmanuel Davis, 24, of Charleston, pleaded guilty today to 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 West Virginia State Police Forensic Laboratory confirmed that the pills contained protonitazene and isotonitazene, synthetic opioids potentially more dangerous and deadly than fentanyl.

Davis is scheduled to be sentenced on October 3, 2024, 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 Charleston Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).

United States District Judge Frank W. Volk presided over the hearing. Assistant United States Attorney Lesley C. Shamblin 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-51.

###

BECKLEY, W.Va. – Mannie Lamar Terry, also known as “Primo” and “J,” 37,  of Ypsilanti, Michigan, pleaded guilty today to distribution of fentanyl.

According to court documents and statements made in court, on February 27, 2023, Terry sold approximately 4.5 grams of fentanyl for $300 to a confidential informant in Beckley. Terry admitted to that transaction and to selling approximately 4.5 grams of fentanyl for $300 to the confidential informant in Beckley on March 13, 2023.

Terry is scheduled to be sentenced on October 25, 2024, 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 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 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. 5:24-cr-59.

###

CHARLESTON, W.Va. – Lannie Earl Shaffer, 33, of Charleston, pleaded guilty today to being a felon in possession of a firearm.

According to court documents and statements made in court, on August 31, 2023, Shaffer possessed a Taurus model 605 .357-caliber revolver in Sissonville.

Federal law prohibits a person with a prior felony conviction from possessing a firearm or ammunition. Shaffer admitted that he knew he was prohibited from possessing a firearm because of his prior felony conviction for transferring and receiving stolen property in Kanawha County Circuit Court on February 5, 2015.

Shaffer is scheduled to be sentenced on October 17, 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 Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and the Kanawha County Sheriff’s Office.

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. 2:23-cr-181.

###

CHARLESTON, W.Va. – Jeffrey R. Lambert, 63, of Ranger, pleaded guilty today to possession with intent to distribute 5 grams or more of methamphetamine and a quantity of fentanyl.

According to court documents and statements made in court, on August 2, 2022, law enforcement officers executed a search warrant at Lambert’s residence and found approximately 186 grams of methamphetamine, approximately 57 grams of fentanyl and fentanyl analogues, several firearms, and $4,402.  Lambert admitted that he possessed and intended to distribute the seized controlled substances.

Lambert further admitted to selling a total of approximately 70 grams of methamphetamine on four occasions between July 25, 2022 and August 1, 2022, each time to a confidential informant in the Ranger area of Lincoln County.

Lambert is scheduled to be sentenced on October 2, 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 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.

United States District Judge Frank W. Volk presided over the hearing. 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 No. 2:24-cr-14.

###

BECKLEY, W.Va. – Robert Martin, 67, of Beckley, was sentenced today to five years of federal probation and ordered to pay $205,802.49 in restitution for fraudulent receipt of property from a debtor. Martin admitted to paying himself without authorization while serving as the chief executive officer of the entity that operated the West Virginia Courtesy Patrol.

According to court documents and statements made in court, Martin was CEO of Citizens Conservation Corp (CCC) when it filed for bankruptcy on April 3, 2019. Martin formed CCC in 1993 and its primary source of income beginning in 1998 was a multimillion-dollar contract with the State of West Virginia to operate the Courtesy Patrol roadside assistance service. CCC became financially unstable after it lost that state contract in 2018, leading to the bankruptcy filing.

On May 2, 2019, Martin testified at a bankruptcy creditors meeting that CCC was not generating income, that he was not receiving a salary because of the lack of income, and that he expected CCC to be paid on some receivables owed to it. The United States Trustee, who oversees the administration of bankruptcy cases in the Southern District of West Virginia, told Martin that he was not allowed to take a salary as a controlling officer without U.S. Bankruptcy Court approval.

On May 8, 2019, CCC received more than $41,000 from the West Virginia Treasury, and the money was deposited in CCC’s bank account. Two days later, Martin caused $50,000 to be transferred from that bank account to an account at a different bank. Martin paid himself $32,072.76 from those transferred funds with six separate checks. Martin admitted that he did not seek or obtain U.S. Bankruptcy Court approval for those payments, even though he knew that was required. Martin further admitted that he did not get prior approval because he intended to hide these payments from the U.S. Bankruptcy Court.

Martin also admitted that CCC knowingly misspent $108,751.60 it had received from the United States Department of Interior National Park Service (NPS) between September 10 and October 1, 2018. CCC entered into a cooperative agreement with NPS on November 20, 2014 to recruit, hire, train and place young adults for internship positions at national parks throughout the country. Funding made available under the agreement included $111,221.09 to hire and pay two interns to work at the Olmsted Center for Landscape Preservation for 13 months. Martin admitted that CCC did not hire or place any interns with that funding. Instead, CCC drew down all but $2,469.49 of that funding for unallowable CCC operating expenses following the loss of the Courtesy Patrol contract. Martin admitted that he knew that the funds were misapplied or fraudulently converted in this way.

The $205,802.49 in ordered restitution consists of $37,072.76 for the Bankruptcy Estate of CCC and $168,729.73 for the U.S. Department of Interior National Park Service. Martin paid the $37,072.76 owed to the Bankruptcy Estate on June 13, 2024.

CCC Chief Operating Officer Jennifer Douglas, 48, of Beckley, pleaded guilty on May 6, 2024 to theft from federal programs and awaits sentencing. Douglas admitted that CCC knowingly misspent the $108,752.60 received from NPS under the cooperative agreement.

“Mr. Martin held a position of trust within the bankruptcy proceedings. He abused that trust and then became unresponsive and uncooperative with the Bankruptcy Court,” said United States Attorney Will Thompson. “His pattern of avoidance, non-responsiveness, and flagrant disregard for the law makes his offense gravely serious.”

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). 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.

“Integrity, honesty, and transparency are foundational to the bankruptcy process, and the FBI and our partners stand together in upholding fairness and justice for our legal system,” said FBI Pittsburgh Special Agent in Charge Kevin Rojek. “We will not allow those who choose deceit over truth to continue lining their own pockets at the public’s expense.”

“Chapter 11 requires debtors in possession of bankruptcy estate assets to be forthright with the court and with their creditors,” said Acting U.S. Trustee Gerard Vetter for Region 4, which includes West Virginia. “This case shows that the Justice Department and the U.S. Trustee Program will vigorously pursue those who divert estate assets and take money out of creditors’ pockets.”

“Mr. Martin knowingly misspent funds that should have been used to hire and pay interns working at national parks,” said DOI OIG Special Agent in Charge Katie Balestra. “The AUSA's office, the FBI, and DOI-OIG worked hard to achieve justice in this case.”

United States District Judge Frank W. Volk 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. 5:23-cr-147.

###

CHARLESTON, W.Va. – United States Attorney Will Thompson announced criminal charges today against a Logan County physician and a Kentucky registered nurse in connection with separate alleged controlled substance abuse schemes. The charges filed in federal court are part of the Justice Department’s 2024 National Health Care Fraud Enforcement Action.

“It does not matter if you are a trafficker in a drug cartel or a corporate executive or medical professional employed by a health care company, if you profit from the unlawful distribution of controlled substances, you will be held accountable,” said Attorney General Merrick B. Garland. “The Justice Department will bring to justice criminals who defraud Americans, steal from taxpayer-funded programs, and put people in danger for the sake of profits.”

“The indictments handed up in the Southern District of West Virginia allege that the defendants betrayed their duties as health care providers for personal gain,” Thompson said. “The nationwide enforcement action announced today shows the commitment of the U.S. Department of Justice and this office to safeguard patients and the health care system from abuse and fraud.”

The charges announced today by Thompson are part of a strategically coordinated, two-week nationwide law enforcement action that resulted in criminal charges against 193 defendants for their alleged participation in health care fraud and controlled substance abuse schemes that resulted in the submission of over $2.75 billion in alleged false billings. The defendants allegedly defrauded programs entrusted for the care of the elderly and disabled to line their own pockets, and the Government, in connection with the enforcement action, seized over $231 million in cash, luxury vehicles, gold, and other assets.

The Health Care Fraud Unit’s National Rapid Response, Florida, Gulf Coast, Los Angeles, Midwest, Northeast, and Texas Strike Forces; U.S. Attorneys’ Offices for the Southern District of Alabama, District of Arizona, Central District of California, Northern District of California, Southern District of California, District of Connecticut, Middle District of Florida, Southern District of Florida, Northern District of Illinois, Eastern District of Kentucky, Western District to Kentucky, Eastern District of Louisiana, Middle District of Louisiana, Western District of Louisiana, Eastern District of Michigan, Western District of Michigan, Southern District of Mississippi, District of Montana, District of New Jersey, Eastern District of New York, Eastern District of North Carolina, Western District of Oklahoma, District of Rhode Island, Eastern District of Tennessee, Middle District of Tennessee, Eastern District of Texas, Northern District of Texas, Southern District of Texas, Eastern District of Virginia, Western District of Virginia, Southern District of West Virginia, and Eastern District of Wisconsin; and State Attorney Generals’ Offices for Arizona, California, Illinois, Indiana, Louisiana, New York, Oklahoma, Pennsylvania, Puerto Rico, Rhode Island, and South Dakota are prosecuting the cases in the National Enforcement Action, with assistance from the Health Care Fraud Unit’s Data Analytics Team.

Descriptions of each case involved in today’s enforcement action are available on the Department’s website.

The Southern District of West Virginia, in particular, worked with the Department’s Criminal Division and the following law enforcement organizations to investigate and prosecute the cases filed during the enforcement period: the Drug Enforcement Administration (DEA) and the Food and Drug Administration-Office of Criminal Investigations (FDA-OCI).

The following individuals have been charged in the Southern District of West Virginia:

• Brian McDevitt, D.O., 60, of Chapmanville, was charged by indictment with three counts of unlawful distribution of a controlled substance in connection with prescribing clonazepam outside the scope of professional practice and not for a legitimate medical purpose. As alleged in the indictment, McDevitt, a sole practitioner operating the Chapmanville Medical Clinic, knowingly issued clonazepam prescriptions on three separate dates that were outside the scope of professional practice and not for a legitimate medical purpose. The case is being prosecuted by Assistant United States Attorneys Owen Reynolds and Francesca Rollo.

• Jacqueline Brewster, 54, of Belfry, Kentucky, was charged by indictment with one count of obtaining controlled substances by fraud, one count of tampering with consumer products, and one count of wrongfully obtaining individually identifiable health information under false pretenses and with intent to use for personal gain in connection with the theft of, and tampering with, vials of hydromorphone at a hospital in Raleigh County, West Virginia. As alleged in the indictment, Brewster, a travel nurse, used her credentials to access hydromorphone for her own personal use. Brewster tampered with the hydromorphone vials by diluting the remaining liquid in the bottles to make it appear as though they were full. As part of this scheme, Brewster accessed patient files for patients not assigned to her. The case is being prosecuted by Assistant United States Attorney Owen Reynolds.

A complaint, information, or indictment is merely an allegation. All defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.

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-96 McDevitt) and 5:24-cr-104 (Brewster).

###

CHARLESTON, W.Va. – Timothy Brian Jackson, 44, of South Charleston, was sentenced today to 14 years in prison, to be followed by five years of supervised release, for possession with the intent to distribute fentanyl. Jackson admitted that he created and intended to distribute fake oxycodone pills that actually contained fentanyl or other opioids.

According to court documents and statements made in court, on August 9, 2022, law enforcement officers intercepted a package that Jackson placed in the United States Mail to send to Connecticut. Officers searched the package and found over 300 pills that appeared to be 30-milligram oxycodone pills. The Drug Enforcement Administration (DEA) Mid-Atlantic Laboratory confirmed the pills contained protonitazene, an emergent synthetic opioid that is equally if not more potent than fentanyl.

On August 29, 2022, law enforcement officers executed a search warrant at a St. Albans apartment rented by Jackson. Officers found various quantities of pills that looked like legitimate 30-milligram oxycodone pills. The DEA Mid-Atlantic Laboratory confirmed that some of the seized pills contained fentanyl and others contained protonitazene or butonitazene, a federal Schedule I controlled substance with opioid effects. Officers also found various quantities of powders containing these substances, hydraulic pill press equipment, various punch and die kits used to imprint pills with “M30” markings, a pharmacy-grade powder mixing machine, various binding powders, two loaded pistols and nearly $80,000.

Investigators seized over 10,000 pills in this case. Jackson admitted that he used the apartment, and primarily its basement, as a workshop to make counterfeit pills that he intended to distribute. Jackson further admitted that he acquired fentanyl powder from a source outside the United States, the “M30” punch and die sets from China and commercially manufactured binding powder from a company in the United States.

Jackson began renting the St. Albans apartment several years prior to the August 29, 2022 search by law enforcement. Jackson admitted that he had been living with his family at a residence in South Charleston since February 2022 while continuing to rent the St. Albans apartment.

“Timothy Brian Jackson’s conduct needs to be condemned and deterred in the strongest terms possible,” said United States Attorney Will Thompson. “His fentanyl pill-making operation was perhaps unprecedented in its scale for the Southern District of West Virginia, at a time when opioid overdoses and the unwitting ingestion of fentanyl continue to claim lives. This is a landmark case in the efforts by law enforcement to protect the community from the dangers of fentanyl, and today’s sentence serves as a stark warning to anyone else who may consider entering into this illicit, destructive and deadly business.”

Thompson commended the investigative work of the Drug Enforcement Administration (DEA), the U.S. Postal Inspection Service, the U.S. Department of Homeland Security-Homeland Security Investigations (HSI) and U.S. Customs and Border Protection (CBP), as well as the valuable assistance provided by the West Virginia Fusion Center, the Kanawha County Sheriff’s Office, the Metropolitan Drug Enforcement Network Team (MDENT), the Charleston Police Department, the St. Albans Police Department, and the St. Albans Fire Department hazardous materials team.

“Mr. Jackson, and those like him who sow misery in our communities by engaging in the criminal drug trade, should expect to meet the full weight of our justice system,” said Erek Davodowich, acting special agent in charge of DEA’s Louisville Field Division.  “Hopefully, he will use his time in custody to reflect upon his actions and the harm he has brought to the people of West Virginia and come out a better man upon his release from federal prison.”

“Timothy Jackson deserves every day of his prison sentence,” said Special Agent in Charge Derek W. Gordon of Homeland Security Investigations (HSI) Washington, D.C. “He possessed, manufactured, and intended to distribute poison, could have destroyed scores of American families. Fentanyl is 50 times more potent than heroin and 100 times more potent than morphine. One kilogram of fentanyl can produce 1 million to 1.5 million pill dosage units and has the potential to kill 500,000 people. HSI Washington, D.C. is proud to have worked with our federal, state, and local law enforcement partners to prevent the distribution of this toxin to the residents of our communities.”

“The United States Postal Inspection Service diligently conducts investigations such as these to protect the mail system from being used for criminal purposes such as drug transportation. The conviction of this individual demonstrates our commitment to protecting the public and postal employees,” said Lesley C. Allison,  Inspector in Charge of the Pittsburgh Division.

Senior United States District Judge John T. Copenhaver, Jr. imposed the sentence. Assistant United States Attorney Jeremy B. Wolfe 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. 2:23-cr-176.

###

CHARLESTON, W.Va. – Carlito Harris Carter, 44, of St. Albans, pleaded guilty today to possession with intent to distribute methamphetamine and fentanyl.

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.

Carter is scheduled to be sentenced on October 3, 2024, 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.

Senior United States District Judge John T. Copenhaver, Jr. 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. 2:24-cr-46. 

###

CHARLESTON, W.Va. – Alejandro Gallegos, also known as “Alex,” “Rooster,” “G” and “Primo,” 41, of Hacienda Heights, California, pleaded guilty today 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 admitted to a major supplier role in a drug trafficking organization (DTO) that operated in the Charleston area.

According to court documents and statements made in court, from in or about February 2021 to in or about March 2023, Gallegos conspired with others to distribute methamphetamine and cocaine within the Southern District of West Virginia.

On March 18, 2023, Gallegos directed co-defendant Ildiberto Gonzalez Jr. to deliver approximately 196 pounds of methamphetamine and four kilograms of cocaine from California to Bluefield, West Virginia, in his 2009 Freightliner semi-truck with attached trailer. Gallegos arranged the shipment in exchange for approximately $400,000 with another co-conspirator in West Virginia. Gallegos arranged for Gonzalez and the West Virginia co-conspirator to meet in a particular parking lot in Bluefield on March 22, 2023. There, Gonzalez provided the controlled substances to the other individual in exchange for a box that Gonzalez believed contained the cash.

Gallegos is scheduled to be sentenced on October 10, 2024, 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.

Gonzalez, 30, of San Bernadino, California, pleaded guilty on September 12, 2023, to conspiracy to distribute a quantity of methamphetamine and awaits sentencing.

Gallegos and Gonzalez are 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.

Gallegos and Gonzalez are also among 29 defendants who have pleaded guilty. Indictments against 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 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 presided over the 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. 1:23-cr-32. 

###

HUNTINGTON, W.Va. – Maximillian Keaton, 51, of Huntington, was sentenced today to two years in prison, to be followed by three years of supervised release, for aiding and abetting making false statements in acquisition of firearms.

According to court documents and statements made in court, on February 22, 2023, Keaton traveled with Daniel Lee Ferguson to a Barboursville business where Ferguson purchased for Keaton a Springfield Armory model Hellcat 9mm pistol. Keaton admitted that he asked Ferguson to buy the firearm for him because his prior felony conviction prohibits him from purchasing or possessing a firearm. Keaton further admitted that he showed Ferguson the firearm he wanted him to buy and provided Ferguson with the money for the purchase.

Ferguson falsely certified on the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) Federal Firearms Transaction Records Form 4473 that he was the buyer of the firearm when Ferguson knew he was purchasing it for Keaton.

Keaton further admitted that Ferguson purchased two other firearms for him at Cabell County businesses, a Bersa model Thunder 380 .380-caliber pistol on August 14, 2019, and a Springfield Armory model Prodigy 9mm on February 25, 2023. Ferguson falsely certified on the ATF Form 4473 for each purchase that he was the buyer of the firearm when he knew he was purchasing it for Keaton.

Ferguson, 46, of Huntington, pleaded guilty on October 23, 2023, to making false statements in acquisition of firearms and awaits sentencing.

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 Attorneys Joseph F. Adams and Stephanie Taylor prosecuted the case.

This case was prosecuted under the criminal provisions of the Bipartisan Safer Communities Act (BSCA), which Congress enacted and the President signed in June 2022. BSCA is the first federal statute specifically designed to target the unlawful trafficking and straw-purchasing of firearms.

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-151.

###

HUNTINGTON, W.Va. – Melvin Pearson Jones, 40, of Huntington, was sentenced today to six months in prison, to be followed by three years of supervised release, for distribution of fentanyl.

According to court documents and statements made in court, on August 3, 2023, Jones sold a quantity of fentanyl to a confidential informant at his Huntington apartment for $300. Jones admitted to the transaction, and to arranging it beforehand with the confidential informant. Jones further admitted to selling approximately 6.11 grams of heroin and fentanyl to the confidential informant in Huntington on August 9, 2023.

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-1.

###

HUNTINGTON, W.Va. – Derick Russell Legg, 48, of Huntington, was sentenced today to six years in prison, to be followed by 15 years of supervised release, for receipt of child pornography. Legg must also register as a sex offender.

According to court documents and statements made in court, from on or about September 19, 2019, through on or about January 28, 2020, Legg used peer-to-peer file sharing programs to receive digital media files depicting minors engaged in sexually explicit conduct.

Legg further admitted that he possessed 668 images and 321 videos depicting minors engaged in sexually explicit conduct on an external hard drive in Huntington on or about January 30, 2020. Legg also admitted to possessing additional images and videos of child pornography on his cell phone.

Many of the images and videos possessed by Legg depict known child victims, prepubescent minors and minors subjected to sadistic or masochistic conduct.

United States Attorney Will Thompson made the announcement and commended the investigative work of the Federal Bureau of Investigation (FBI).

United States District Judge Robert C. Chambers imposed the sentence. Assistant United States Attorneys Andrew J. Tessman and Julie M. White 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. 3:22-cr-40.

###

BECKLEY, W.Va. – Kevin Lemar Legrand, 23, of Beaver, pleaded guilty today to distribution of fentanyl.

According to court documents and statements made in court, on February 16, 2023, Legrand sold approximately 7.2 grams of fentanyl for $600 to a confidential informant. The transaction took place at Legrand’s Beaver residence. Legrand admitted to that transaction and further admitted to selling a total of approximately 6.2 grams of fentanyl for a total of $1,200 to a confidential informant at his residence on two other occasions in February 2023.

Legrand is scheduled to be sentenced on October 4, 2024, 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 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 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. 5:24-cr-13. 

###

CHARLESTON, W.Va. – Antonio Lamar Jeffries, 35, of St. Albans, pleaded guilty today to conspiracy to distribute 500 grams or more of a mixture and substance containing a detectable amount of methamphetamine. Jeffries admitted to a key 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, Jeffries conspired with others to distribute quantities of methamphetamine. Jeffries admitted that he arranged for a co-conspirator to drive to Bluefield, West Virginia, on February 4, 2023, to obtain methamphetamine from his supplier. Jeffries used a cell phone to arrange the meeting, provided the co-conspirator with money to deliver as payment for the methamphetamine, and instructed her to meet his supplier at the Mercer Mall in Bluefield.

The co-conspirator exchanged the money for the methamphetamine as instructed. Law enforcement officers conducted a traffic stop of her vehicle as she drove back to Charleston and seized approximately 3.1 kilograms of methamphetamine from her vehicle. Jeffries admitted that he intended to distribute some of the seized methamphetamine to others and allow the co-conspirator to keep the rest.

Jeffries is scheduled to be sentenced on October 7, 2024, and faces a mandatory minimum of 15 years to life in prison, at least 10 years of supervised release, and a $20 million fine.

Jeffries 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.

Jeffries is also among 28 defendants who have pleaded guilty. Indictments against 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 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 presided over the 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-33. 

###