Southern District of West Virginia
Press releases recorded for this federal judicial district.
Charleston Woman Pleads Guilty to Bank Fraud and Mail TheftRead the Press Release
CHARLESTON, W.Va. – A Charleston woman pled guilty today to bank fraud and possession of stolen mail, announced United States Attorney Mike Stuart. Samantha Miller, 36, traveled to various banks in Kanawha County and presented stolen checks that had been altered in an attempt to cash them.
Miller admitted that on January 28, 2018, she successfully cashed an $800 check to obtain money that did not belong to her, and on February 9, 2018, she was caught with a number of stolen checks that had been taken from the United States mail. Miller knew that she possessed stolen mail and was in the process of altering the checks to attempt to cash them. She received several thousand dollars that did not belong to her through manipulating checks that had been stolen from the mail.
“This may not sound like a big deal but turn on the TV anywhere and you’ll understand the critical importance of the mail,” said United States Attorney Mike Stuart. “Miller’s actions tied up the investigative resources of state and federal agencies, undermined faith in the postal system for those who had checks stolen, and was a logistical nightmare for the victims to remedy the fraud.”
Miller faces up to 35 years in prison and a $1.25 million fine when she is sentenced on January 21, 2021. She also will be required to pay restitution to the victim banks.
The investigation was conducted by the United States Postal Inspection Service (USPIS), the Federal Bureau of Investigation (FBI), the Dunbar Police Department and the West Virginia State Police.
United States District Judge Irene C. Berger presided over the hearing. Assistant United States Attorney Erik S. Goes is handling the prosecution.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 2:19-cr-00114.
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Washington Man Pleads Guilty to Assaulting Secret Service AgentsRead the Press Release
CHARLESTON, W.Va. – A Bremerton, Washington man pled guilty to assaulting two special agents with the United States Secret Service, announced United States Attorney Mike Stuart. Joshua Wills, 31, pled guilty to assaulting, resisting or impeding federal officers.
“One sure fire way not to see the President of the United States is to brandish a weapon and threaten the safety of local and federal officials,” said United States Attorney Mike Stuart. “Assaults on law enforcement officers will not be tolerated. Great work by the Secret Service and the St. Albans Police Department in stopping Wills before he could do serious harm.”
Wills admitted that he intended to drive from the state of Washington to Washington, D.C. to meet the President of the United States. The U.S. Secret Service began investigating Wills after they had received reports that Wills was traveling to see the President while possessing a dangerous weapon. Two special agents with the U.S. Secret Service located Wills in a campground in St. Albans and approached him for questioning. Officers with the St. Albans Police Department arrived at the campground for assistance. Wills admitted that he became agitated by the presence of the law enforcement officers and a standoff ensued for approximately 20 minutes. When Wills was told that he was going to be taken into custody for disorderly conduct, he unsheathed and raised a three-foot long Katana sword as a show of force. After further resisting law enforcement commands, Wills was disabled by a non-lethal beanbag gun possessed by a St. Albans police officer and taken into custody.
Wills faces up to 20 years in prison when sentenced on November 9, 2020.
The U.S. Secret Service and the St. Albans Police Department conducted the investigation. Senior United States District Judge John T. Copenhaver, Jr. presided over the hearing. Assistant United States Attorney Andrew Tessman is handling the prosecution.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 2:18-cr-00289.
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Teacher Sentenced to Five Years in Federal Prison for Traveling to Have Sex with Student and Selling AdderallRead the Press Release
HUNTINGTON, W.Va. – A former high school Spanish teacher from Huntington was sentenced to federal prison for traveling across state lines to have sex with one of her students and selling Adderall, announced United States Attorney Mike Stuart. Amy Adkins, 30, was sentenced to five years in prison for travel with intent to engage in illicit sexual conduct and distribution of Adderall. Adkins also was ordered to complete 20 years of supervised release and to register as a sex offender.
“Adkins abused her position of authority as a teacher to betray the trust of this student and his family,” said United States Attorney Mike Stuart. “Parents expect their kids to be safe from predatory behavior at school, not preyed upon.”
Adkins previously admitted that while she was a Spanish teacher at Fairland High School in Proctorville, Ohio during the 2017 to 2018 academic year, she communicated frequently with one of her young male students on social media. This student was under 16 years old at the time. On April 7, 2018, Adkins admitted that she drove from her home in Huntington to Proctorville, where she picked up her underage student and brought him back to Huntington with the intent to engage in illicit sexual conduct. Ultimately, Adkins had sex with the victim that day at her home in Huntington.
In addition to traveling with the intent to engage in illicit sexual conduct, Adkins admitted that from September 2017 to May 2018 she frequently sold a portion of her Adderall prescription to her friends and acquaintances. Specifically, Adkins admitted that she sold one close friend five pills of Adderall on March 9, 2018. Adderall is a Schedule II controlled substance.
The Federal Bureau of Investigation (FBI), the West Virginia State Police and the Lawrence County, Ohio Department of Job and Family Services conducted the investigation.
United States District Judge Robert C. Chambers imposed the sentence. Assistant United States Attorney Kristin F. Scott handled the prosecution.
The 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. 3:20-cr-00044.
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Raleigh County Man Pleads Guilty to Federal Drug ChargeRead the Press Release
BECKLEY, W.Va. – A Raleigh County man has pled guilty to a federal drug charge. Javon Lampkin, 23, of Stanaford, pled guilty to possession with intent to distribute a quantity of heroin, according to United States Attorney Mike Stuart.
“Heroin has been a source of tremendous pain for too many victims in West Virginia,” said United States Attorney Mike Stuart. “Great work by investigators getting this poison and poison peddler off the streets.”
Lampkin admitted that on September 25, 2018 and September 27, 2018, he sold heroin to a confidential informant working with the Beckley/Raleigh County Drug and Violent Crimes Task Force. On March 18, 2020, a car in which Lampkin was a passenger was stopped by law enforcement. Lampkin was found to be in possession of over 36 grams of heroin. The heroin was hidden inside a secret compartment on the interior of his pant leg.
Lampkin faces up to 20 years in prison when he is sentenced on December 21, 2020.
The investigation was conducted by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and the Beckley/Raleigh County Drug and Violent Crimes Task Force.
United States District Judge Frank W. Volk presided over the hearing. Assistant United States Attorney L. Alexander Hamner is handling the prosecution.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 5:20-cr-00110.
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Operation X-Nation: New York Man Pleads Guilty to Federal Drug CrimeRead the Press Release
BLUEFIELD, W.Va. – A New York man pled guilty today for his participation in a drug trafficking organization (DTO) in Mercer County, announced United States Attorney Mike Stuart. James Walker, 43, pled guilty to conspiracy to distribute cocaine, oxymorphone, oxycodone and hydromorphone. Walker was charged as a result of a long-term, multi-state investigation known as Operation X-Nation. As part of the plea agreement, Walker also agreed to forfeit $150,000, which represents proceeds generated from his drug trafficking activity.
“The diversion of prescription opioids has devastated our southernmost counties,” said United States Attorney Mike Stuart. “We are holding pill pushers like Walker accountable through criminal prosecution and forfeiture of illegal proceeds.”
Walker admitted that between August 2017 and August 31, 2019, he participated in a DTO operating in Mercer County. During this time, Walker worked with other members of the DTO to distribute prescription pills and cocaine in and around Mercer County. More specifically, Walker admitted to facilitating drug transactions with people he now knows were working with law enforcement as confidential informants, who would call him to purchase drugs. Walker would then direct the informant to one of several trailers he owned in different trailer parks in Mercer County. Once the informants arrived at the trailer park, Walker would then direct them to meet with a particular member of the DTO to purchase the drugs. Walker and other members of the DTO also had telephone calls intercepted by law enforcement. In these calls Walker and others were discussing drug transactions including the pricing and quantities of different substances. Walker further admitted that he was arrested in New York after having calls intercepted by law enforcement. At the time of his arrest, Walker was in possession of approximately 1,500 prescription pills that he intended to distribute. He also was arrested in Princeton on January 10, 2020. At that time Walker was driving a car that had a hidden mechanical trap that he admitted was used to transport controlled substances.
Walker faces up to 20 years in federal prison and $1 million fine, to be followed by at least three years of supervised release, when he is sentenced on December 14, 2020.
The investigation was conducted by the Drug Enforcement Administration (DEA) and the Southern Regional Drug and Violent Crime Task Force, which is composed of officers from the West Virginia State Police, the Mercer County Sheriff’s Department, the Princeton Police Department and the Bluefield Police Department.
Senior United States District Judge David A. Faber presided over the hearing. Assistant United States Attorney Timothy D. Boggess is handling the prosecution.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 1:19-cr-00307.
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Charleston Man Sentenced for Federal Methamphetamine CrimeRead the Press Release
HUNTINGTON, W.Va. – A Charleston man was sentenced to 34 months in federal prison today for his role in a conspiracy that involved large quantities of methamphetamine transported from Akron and sold in West Virginia, announced United States Attorney Mike Stuart. Charles Vincent Hively, Jr., 46, previously pled guilty to possession with intent to distribute methamphetamine.
“Another great effort. This man is going to prison and another meth dealer in the world of drug trafficking has been removed,” said United States Attorney Mike Stuart.
Hively admitted that on June 7, 2019, officers came to his residence at 1195 Livingston Ave. in Charleston to execute a warrant that had been issued for his arrest. When officers knocked on the door, they saw Hively look out the window and run to the rear of the residence. Hively then threw a cigarette box from a rear window. When officers recovered the box, they discovered that it contained approximately 24 grams of methamphetamine. Officers also recovered additional methamphetamine from inside the residence and Hively admitted that he intended to distribute the drugs. As part of his plea, Hively admitted that he was responsible for distributing up to 200 grams of methamphetamine in the Southern District of West Virginia.
The joint investigation was led by the Federal Bureau of Investigation (FBI). Other investigative agencies included the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), the Violent Crime and Drug Task Force West, the Metropolitan Drug Enforcement Network Team (MDENT), the West Virginia State Police, the Drug Enforcement Administration (DEA) Task Force, the Beckley/Raleigh County Drug and Violent Crime Unit, the United States Marshals Service, the Cabell County Sheriff’s Department, the Charleston Police Department, the Putnam County Sheriff’s Department, the Ohio State Highway Patrol, the Akron, Ohio Police Department and the Brecksville, Ohio Police Department.
United States District Judge Robert C. Chambers imposed the sentence. Assistant United States Attorney Joseph F. Adams handled the prosecution.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 3:19-cr-00245.
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Raleigh County Man Sentenced for Sex Offense Involving MinorRead the Press Release
BECKLEY, W.Va. – A Raleigh County man was sentenced to federal prison for a sex crime involving a minor, announced United States Attorney Mike Stuart. Gary Wayne Lilly, 40, of Josephine, was sentenced to 46 months in prison for traveling in interstate commerce with the intent to engage in illicit sexual activity with a minor. Upon release from prison, Lilly will serve a term of supervised release of 10 years and will be required to register as a sex offender.
“The depravity of these types of cases is difficult to fathom,” said United States Attorney Mike Stuart. “But make no mistake, my office protects children. It is my top priority to hold these predators accountable.”
Lilly previously admitted that beginning in late May 2019 he communicated via a social messaging application and telephone with a minor he believed to be a 13-year-old girl in Bluefield. During the conversations, Lilly discussed meeting the minor female to engage in oral sex and sexual intercourse. On June 1, 2019, Lilly traveled from Josephine to Bluefield, Virginia, to meet the purported 13-year-old minor. Lilly stopped in Princeton on his way to Bluefield, Virginia in order to purchase condoms.
The investigation was conducted by the FBI Violent Crimes Against Children Task Force and the Mercer County Sheriff’s Office. United States District Judge Frank Volk imposed the sentence. Assistant United States Attorney Jennifer Rada Herrald handled the prosecution.
This case was prosecuted as part of Project Safe Childhood, a nationwide initiative of the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorney’s Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute those who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 5:19-cr-00161.
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Operation Shutdown Corner Update: Beckley Woman Sentenced to More than 12 Years for Federal Drug CrimeRead the Press Release
BECKLEY, W.Va. – A Beckley woman was sentenced to federal prison for her participation in a drug trafficking organization (DTO) operating between California and Raleigh County, announced United States Attorney Mike Stuart. Stephanie McClung, 48, of Beckley, was sentenced to 151 months in prison, to be followed by a five-year term of supervised release, for conspiring to distribute 50 grams or more of a substance containing methamphetamine.
“Operation Shutdown Corner took down 17 drug traffickers and was operating from California to West Virginia,” said United States Attorney Mike Stuart. “151 months in prison for her work with a drug trafficking organization. My question is, ‘Was it worth it?’ Great work by the Beckley/Raleigh County Drug and Violent Crimes Task Force and our partners at the federal, state and local levels.”
At her plea hearing in January, McClung admitted that between June 2018 and September 17, 2019, she worked with other members of a DTO operating in Raleigh County to distribute methamphetamine. McClung admitted that during this time period she was supplied with distribution amounts of controlled substances from various members of the DTO. She also admitted to selling the controlled substances, which included methamphetamine and heroin, to individuals that she now understands were working with law enforcement as confidential informants. She further admitted to allowing another member of the DTO to have controlled substances delivered to her address. She admitted to allowing this on at least two separate occasions. On one occasion, approximately one pound of methamphetamine was delivered and on a second occasion a quantity of heroin was delivered to her address.
The investigation was conducted by the Federal Bureau of Investigation (FBI), the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), the United States Postal Inspection Service (USPIS), the Beckley/Raleigh County Drug and Violent Crimes Task Force, the Raleigh County Sheriff’s Office, the Beckley Police Department and the West Virginia State Police.
United States District Judge Frank W. Volk imposed the sentence. Assistant United States Attorney Timothy D. Boggess handled the prosecution.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 5:19-cr-00237.
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Man Pleads Guilty to Federal Drug ChargeRead the Press Release
HUNTINGTON, W.Va. – Luis Eduardo Martinez-Torres, 23, from Mexico, pled guilty today to aiding and abetting possession with intent to distribute heroin and methamphetamine.
“Heroin and meth. A deadly duo. Too many victims. Far too many, all as a result of making an easy buck and greed. We are taking our streets back from the drug dealers who have sought to destroy them for their own financial gain,” said United States Attorney Mike Stuart.
Officers executed a search warrant on June 5, 2019 in Huntington. Martinez-Torres and other individuals were in the home at the time of the search warrant. Officers found methamphetamine and heroin in the home. Martinez-Torres admitted that he aided and abetted other individuals in possessing with the intent to distribute 340 grams of methamphetamine and 453 grams of heroin in Huntington.
Martinez-Torres faces up to 20 years in prison when he is sentenced on December 7, 2020.
The investigation was conducted by the Drug Enforcement Administration (DEA), the Violent Crime and Drug Task Force West and the Wayne County Sheriff’s Department.
United States District Judge Robert C. Chambers presided over the hearing. Assistant United States Attorney Stephanie S. Taylor is handling the prosecution.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 3:19-cr-00281.
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Former Putnam County EMT Pleads Guilty to Stealing Controlled SubstancesRead the Press Release
HUNTINGTON, W.Va. – A Putnam County man pled guilty today to stealing fentanyl and morphine, announced United States Attorney Mike Stuart. Kelly Keene, 49, entered a guilty plea to obtaining controlled substances by fraud and deception.
“Narcotics housed in EMT trucks are there for a purpose – to treat victims of trauma or acute illness while they are being transported to a medical facility,” said United States Attorney Mike Stuart. “Keene abused his position to steal fentanyl and morphine – narcotics needed for critical care – for his own use. It is unconscionable conduct by any measure.”
Keene admitted that while he was employed as a Putnam County Emergency Medical Technician (EMT) in May 2019 he took vials of fentanyl and morphine from the narcotics safes located on the EMS trucks. He admitted to taking the controlled substances when he was not authorized to do so. He further admitted to stealing these substances for his own use.
Keene faces up to four years in prison when he is sentenced on December 7, 2020.
The Drug Enforcement Administration (DEA) and the Putnam County Sheriff’s Department conducted the investigation.
United States District Judge Robert C. Chambers presided over the hearing. Assistant United States Attorney Stephanie S. Taylor is handling the prosecution.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 3:20-cr-00135.
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Detroit Man Pleads Guilty to Federal Drug CrimeRead the Press Release
BECKLEY, W.Va. – A Detroit man pled guilty to a federal drug charge today, announced United States Attorney Mike Stuart. Kwaine Brengettcy, 34, pled guilty to possession with intent to distribute methamphetamine.
“100% pure meth-- this Detroit drug dealer was bringing 100% pure meth into Beckley and distributing it. This may be the most powerful and potent meth that has been identified in the district. It cannot get more powerful,” said United States Attorney Mike Stuart. “Compare the potency of today’s meth with the meth of just a few short years ago. Today’s meth is potent and powerful- 100% pure in this case- but the meth that wreaked havoc on our communities 10 or 15 years ago was comparatively weak at 15-25% purity and that weaker meth did plenty of damage to our communities and families. This meth is exponentially stronger. With poison peddlers like Brengettcy coming into our communities, it’s of no surprise that meth-related overdose deaths are on the rise in the Mountain State. With every successful prosecution of a drug dealer, we’re taking back our streets and fighting for the families who have lost loved ones to overdose.”
On February 28, 2020, law enforcement officers executed a search warrant on a residence in Beckley. As the officers entered, they observed Brengettcy jump up and flee to the back room. They later located 21 grams of methamphetamine inside his jacket pocket. Brengettcy also had rented a hotel room nearby, which also was searched by law enforcement. Inside, they discovered $10,576 in U.S. currency. Some of the bills in that sum of cash were marked as being used in previous controlled drug buys by law enforcement.
Brengettcy was interviewed and admitted to bringing methamphetamine from Detroit to Beckley, and that he had been selling methamphetamine in the area for at least four months prior to his arrest. The methamphetamine that was recovered was sent to a Department of Homeland Security laboratory, where it was tested and proved to be 100% pure methamphetamine.
Brengettcy faces up to 20 years in prison when he is sentenced on December 14, 2020.
The case was investigated by 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 presided over the hearing. Assistant United States Attorney L. Alexander Hamner is handling the prosecution.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 5:20-cr-00067.
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Vienna Man Pleads Guilty to Tax FraudRead the Press Release
Defendant fraudulently obtained over $267,000 by underreporting his income to the IRS
CHARLESTON, W.Va. – Timothy Nolan, 58, of Vienna, pled guilty to the felony offense of tax fraud, announced United States Attorney Mike Stuart. Nolan faces up to three years in prison, a $250,000 fine and one year of supervised release when he is sentenced on November 23, 2020. He also will be subject to an order of restitution for $267,786.42, with the final determination to be made by the court at sentencing.
“Nolan schemed and defrauded the IRS for several years to the tune of more than $267,000,” said United States Attorney Mike Stuart. “Up to three years in a federal prison, a $250,000 fine and full restitution of nearly $268,000. Tax obligations are not voluntary. No one likes paying taxes but tax payments are not optional.”
Nolan admitted that he would underreport his income on his personal income taxes. Specifically, in 2015, he reported to the IRS he had a taxable income of $17,788 when he actually had a taxable income of over $200,000. When Nolan fraudulently reported his income, he verified through a written declaration that was filed under the penalty of perjury that the return was accurate. Nolan significantly underreported his personal income for the tax years 2013 through 2016, and signed declarations to the IRS to that effect. Nolan also underpaid his employment taxes (Form 941) for his employees from 2013 through 2017 and did not pay workers compensation premiums for unreported and underreported wages. Nolan admitted the total amount of income wrongfully withheld was $267,778.42.
The investigation was conducted by the Department of the Treasury, the Internal Revenue Service-Criminal Investigation (IRS-CI), the United States Department of Justice Tax Division and the West Virginia Office of the Insurance Commissioner.
United States District Judge Joseph R. Goodwin presided over the hearing. Assistant United States Attorney Erik S. Goes is handling the prosecution.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 2:20-cr-00136.
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Project Safe Neighborhoods: Detroit Man Pleads Guilty to Drug and Gun CrimesRead the Press Release
HUNTINGTON, W.Va. – A Michigan man has pled guilty to drug and gun crimes, announced United States Attorney Mike Stuart. Darelle Devon Boynton, 35, of Detroit, pled guilty to distribution of heroin and possession of a firearm by a convicted felon.
Boynton admitted that on January 23, 2020, he sold approximately 1.75 grams of heroin for $100 to a confidential informant. He also admitted that on January 30, 2020, he sold 8.47 grams of heroin to a confidential informant inside a car at 2005 10th Ave. in Huntington.
On February 13, 2020, police searched his house at 199 Davis St. in Huntington. Boynton had approximately 35.13 grams of heroin in his bedroom which he intended to sell. Also on February 13, 2020, Boynton possessed a Glock Model 19, 9mm pistol while inside a bar called Tamika’s, formerly known as the Copa, located at 2005 10th Ave. in Huntington. Boynton had previously been convicted of crimes that carried punishments of more than one year in prison, including armed robbery, possession of a firearm by a felon and fleeing from a police officer. Because of those convictions, he was prohibited from possessing the firearm.
Boynton faces up to 30 years in prison when sentenced on November 30, 2020.
The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and the Huntington Police Department conducted the investigation. United States District Judge Robert C. Chambers presided over the hearing. Assistant United States Attorney Greg McVey is handling the prosecution.
This case is being prosecuted as part of Operation Synthetic Opioid Surge (S.O.S.) and Project Safe Neighborhoods.
Operation S.O.S. is an enforcement surge that seeks to reduce the supply of deadly synthetic opioids in high impact areas.
The Project Safe Neighborhoods (PSN) program is the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 3:20-cr-00038.
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Takedown Dismantles Poly-Drug Network Operating in Kanawha and Fayette CountiesRead the Press Release
CHARLESTON, W.Va. - United States Attorney Mike Stuart today announced the takedown of a drug trafficking organization (DTO) responsible for distributing meth, heroin and marijuana in Kanawha and Fayette Counties. The takedown is the result of a long-term investigation, dubbed “Second Wave,” led by the Federal Bureau of Investigation (FBI) and the Central West Virginia Drug Task Force (CWVDTF). A federal grand jury returned two indictments charging 12 individuals in connection with their roles in the DTO.
“Meth. Heroin. Marijuana. The takedown of this network of drug dealers is another major victory for the people of West Virginia,” said United States Attorney Mike Stuart. “Long-term targets. Long-term problems. A drug trafficking organization that was fueling terrible addiction, pain, chaos and despair is now shut down. The people of Kanawha and Fayette counties are certainly safer as a result of today’s arrests. I commend our many federal, state and local law enforcement partners for their remarkable work in this long-term investigation. I am proud of our law enforcement leadership at every level throughout West Virginia but I want to specifically thank the men and women that serve on the front lines of law enforcement across this great state. Taking down a major drug trafficking organization is difficult and dangerous work. My hat is off to each of you. I pray for your safety each night. Thank you for your commitment to the people of West Virginia and the Rule of Law. This is another great day for the people of West Virginia.”
“The group of people arrested today have been a menace in our communities for too long,” said FBI Pittsburgh Special Agent in Charge Michael Christman. “Today’s takedown sends a strong message to not only this community, but other drug organizations who think they can do business here. The FBI and our law enforcement partners will not tolerate this activity. Operations like this are made more difficult without strong partnerships, and I commend the joint efforts by the ATF, U.S. Postal Inspection Service, Central WV Drug Task Force and MDENT."
Charged in a six count indictment are Jason Michael Terrell, 36, of Mount Carbon; Larry Terrence Martin, 31, of Charleston; Carol Belton, 61, of Montgomery; Steven Matthew Bumpus, 31, of Charleston; Jimmy Lee Coleman, 34, of Gauley Bridge; Roger Jarea Drake, 31, of Charleston; Rashawn Akmed Miller, 36, of Columbus, Ohio; William Lee Patton, 62, of Montgomery; Craig Edward Redman, 41, of Kimberly; Tonya Nichole Simerly, 35, of Montgomery; and Ronald Lee Thomas, III, 28, of Charleston. The indictment charges Terrell, Martin, Belton, Coleman, Drake, Miller, Patton and Redman with conspiring to distribute methamphetamine from July 2019 to August 2020. The indictment further charges Bumpus, Simerly and Thomas with various drug trafficking crimes carried out in connection with the DTO.
Earlier this week, defendant Larry Martin’s sister, Brandi Martin, was sentenced in federal court to 188 months in prison for possession with intent to distribute methamphetamine.
In a separate indictment, Gregory Eugene Woods, 43, of St. Albans, was charged with possession with intent to distribute a quantity of cocaine. Two additional defendants, Sammy Joe Fragale, Sr., also known as Joe, and Sammy Joe Fragale, Jr., also known as Bubby, were arrested on a federal criminal complaint for conspiracy to distribute methamphetamine.
The investigation was conducted by the FBI, the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), the U.S. Postal Inspection Service (USPIS), the Central West Virginia Drug Task Force (CWVDTF) and the Metropolitan Drug Enforcement Network Team (MDENT), with assistance from the CSX Transportation Police Department. The Drug Enforcement Administration (DEA) conducted the investigation of the Fragales. Assistant United States Attorney Joshua C. Hanks is handling the prosecution.
The investigation was part of the Department of Justice’s Organized Crime Drug Enforcement Task Force (OCDETF). OCDETF 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. Today, 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.
Please note: 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.
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. 2:20-cr-00154, 2:20-cr-00153 and 2:20-mj-00119.
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Project Parkersburg Update: Parkersburg Man Sentenced to 25 Years for Methamphetamine TraffickingRead the Press Release
CHARLESTON, W.Va. – A Parkersburg man was sentenced to federal prison today for his role in a large-scale, multi-state drug trafficking conspiracy, announced United States Attorney Mike Stuart. Terrence McGuirk, 51, was sentenced to 25 years in prison, followed by five years of supervised release, for conspiracy to distribute more than 500 grams of methamphetamine.
“Project Parkersburg was a game changer – it netted the largest meth bust in West Virginia history and resulted in more than a dozen defendants being prosecuted by my office,” said United States Attorney Mike Stuart. “McGuirk, the latest of the defendants to be sentenced, is now headed to a federal prison for 25 years. McGuirk is being held accountable. And, keep in mind, there is no parole in the federal system. Big time law enforcement operation. Big time results.”
McGuirk admitted distributing large quantities of methamphetamine to dealers operating in Parkersburg between July 2018 and the date of his arrest. He was arrested on September 19, 2018 in Dayton, Ohio where he had traveled to pick up his share of a shipment containing more than 120 pounds of methamphetamine. In his plea agreement, McGuirk admitted pooling his money with other co-defendants to purchase methamphetamine from a source in Phoenix, Arizona. McGuirk distributed quantities ranging from several grams up to multiple pounds at a time to dealers in Parkersburg, Clarksburg, and as far away as Florida. Agents executed several search warrants, including one at McGuirk’s mother’s residence in Kissimmee, Florida, where they seized more than $65,000 cash, which he admitted was the proceeds of drug trafficking.
In imposing the sentence, the court found that McGuirk was a leader and organizer of the conspiracy and that he had attempted to obstruct justice by threatening witnesses, and filing or threatening to file frivolous bar complaints against the prosecutor as well as his own attorneys and attorneys representing co-defendants.
McGuirk was prosecuted as part of Project Parkersburg – a major takedown and dismantling of a multi-state drug trafficking organization (DTO) responsible for distributing methamphetamine and heroin. Stuart commended the investigative efforts of the Federal Bureau of Investigation (FBI), the Parkersburg Police Department, the Dayton (Ohio) Police Department, and the Parkersburg Narcotics and Violent Crime Task Force. The long-term, joint investigation resulted in at least 29 individuals being charged in federal and state court and the seizure of 121 pounds of ICE methamphetamine, six kilograms of cocaine, 217 grams of heroin and 478 grams of fentanyl.
Of the defendants charged in federal court, Todd Land, Jeffrey Hoyler, Nicholas Easton, T.J. Gibson, Edward Marks, Amy Rake, Marshall Polan, Troy Pastorino, Michael Holley, and Amanda Atkinson have been sentenced. Aurelius Edmonds, Michael Rhodes and Antoine Terry await sentencing later this year. United States District Judge Irene C. Berger imposed the sentence. Assistant United States Attorneys Joshua Hanks and Jeremy Wolfe are handling the prosecution.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 2:18-cr-00225.
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MEDIA ADVISORY: United States Attorney Mike Stuart to Hold Press Conference TodayRead the Press Release
CHARLESTON, W.Va. – Mike Stuart, United States Attorney for the Southern District of West Virginia, joined by federal, state and local law enforcement officials, will hold a press conference today at 3 p.m., regarding law enforcement actions.
Where: Robert C. Byrd United States Courthouse (in front of the courthouse)
300 Virginia Street East
Charleston, WV 25301When: Wednesday, August 26, 2020 at 3 p.m.
*Note: Please wear masks.
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Akron Man Sentenced to Prison for Transporting Methamphetamine into West VirginiaRead the Press Release
CHARLESTON, W.Va. – An Akron man was sentenced to prison today for a federal drug offense, announced United States Attorney Mike Stuart. Sharief Rayshaun El-Amin, 25, was sentenced to 36 months in prison on a conviction for possession with intent to distribute methamphetamine. Following his release from prison, El-Amin will serve five years of supervised release.
“Five pounds of meth and heroin, not to mention a gun. Too many poison peddlers have destroyed the lives of too many good West Virginians,” said United States Attorney Mike Stuart. “We are working closely with and building unprecedented cooperation among all federal, state and local law enforcement teams to aggressively protect our citizens from the peddlers of these deadly drugs. Our citizens are our focus. We have their backs. The results are unprecedented in the history of West Virginia.”
El-Amin previously admitted that on May 27, 2019, he was driving a vehicle when it was pulled over along Interstate 77 in Jackson County. During the traffic stop, officers smelled the odor of marijuana and El-Amin gave conflicting stories as to where he was heading. A police K-9 was deployed on the vehicle and provided a positive indication for the presence of controlled substances. Officers located more than five pounds of methamphetamine, approximately one ounce of heroin and a loaded semi-automatic pistol in the trunk of the vehicle. El-Amin admitted that he was being paid $400 to drive the vehicle to Charleston from Akron. Although El-Amin did not load the vehicle or otherwise know the precise nature of what he was transporting, he admitted that he knew it to be some quantity of controlled substances. The methamphetamine was sent to the Drug Enforcement Administration (DEA) Mid-Atlantic Laboratory and found to be 96% pure.
The Jackson County Sheriff’s Office and the Drug Enforcement Administration (DEA) conducted the investigation. United States District Judge Irene C. Berger imposed the sentence. Assistant United States Attorney Jeremy B. Wolfe and former Assistant United States Attorney Ryan A. Saunders handled the prosecution.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 2:19-cr-00210.
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Media Advisory: United States Attorney Mike Stuart to Hold Press Conference TomorrowRead the Press Release
CHARLESTON, W.Va. – Mike Stuart, United States Attorney for the Southern District of West Virginia, joined by federal, state and local law enforcement officials, will hold a press conference on Wednesday, August 26, 2020, at 3 p.m., regarding law enforcement actions.
Where: Robert C. Byrd United States Courthouse
Third Floor, Room 3600
300 Virginia Street East
Charleston, WV 25301When: Wednesday, August 26, 2020 at 3 p.m.
*Note: Please wear masks.
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Operation Shutdown Corner Update: Beckley Man Sentenced to More Than 7 Years for Federal Drug and Gun CrimesRead the Press Release
BECKLEY, W.Va. – A Beckley man was sentenced to federal prison for his participation in a drug trafficking organization (DTO) operating between California and Raleigh County, announced United States Attorney Mike Stuart. Christopher Redden, 31, of Beckley, was sentenced to 87 months in prison, to be followed by three years of supervised release, for conspiring to distribute a quantity of methamphetamine and for being an unlawful user in possession of a firearm.
“Operation Shutdown Corner took down 17 drug traffickers who were spreading their poisons across southern West Virginia,” said United States Attorney Mike Stuart. “One by one they are being sent to prison for their crimes.”
Redden previously admitted that between January 2019 and September 17, 2019, he participated in the DTO by working with others to distribute methamphetamine and heroin in the Southern District of West Virginia. During this time period, Redden admitted to obtaining approximately 50 grams of methamphetamine a month and a quantity of heroin that he intended to redistribute. Redden admitted that at times he was fronted the drugs, or given drugs without paying for them, and then sold the drugs for profit to pay back the supplier. Other times he admitted to paying for the drugs up front. Additionally, Redden admitted that on September 18, 2019, when he was arrested, he was in possession of a Taurus, model G2C, 9mm semi-automatic pistol that he had received as payment for methamphetamine. He also admitted that at the time he possessed the firearm he knew he was an unlawful user of controlled substances and therefore prohibited from possessing any firearms.
Operation Shutdown Corner was a joint investigative effort of the Federal Bureau of Investigation (FBI), the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), the United States Postal Inspection Service (USPIS), the Beckley/Raleigh County Drug and Violent Crimes Task Force, the Raleigh County Sheriff’s Office, the Beckley Police Department and the West Virginia State Police.
United States District Judge Frank W. Volk imposed the sentence. Assistant United States Attorney Timothy D. Boggess handled the prosecution.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 5:19-cr-00312 and Case No. 5:19-cr-00237.
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Ohio Woman Sentenced to Five Years for Federal Drug CrimeRead the Press Release
CHARLESTON, W.Va. – An Ohio woman was sentenced to federal prison for her role in a drug trafficking ring, announced United States Attorney Mike Stuart. Danielle Seagraves, 43, was sentenced to 60 months in prison, followed by four years of supervised release, for possessing methamphetamine with the intent to distribute.
“An Ohio woman and 33 grams of meth. This investigation removed a large amount of meth from Jackson County,” said United States Attorney Mike Stuart. “We always have and we always will hold drug dealers accountable.”
Seagraves previously admitted that on April 18, 2017, she had in her possession approximately 33 grams of methamphetamine that she intended to sell to individuals in and around Ripley. Before she could complete any drug transaction, officers with the Jackson County Sheriff’s Department and the Drug Enforcement Administration (DEA) arrested Seagraves and seized the methamphetamine.
The Jackson County Bureau of Investigation, comprised of deputies from the Jackson County Sheriff's Department and officers with the Ravenswood and Ripley Police Departments, worked closely with the West Virginia State Police, the Parkersburg Narcotics Task Force and the Drug Enforcement Administration (DEA) to conduct the investigation. United States District Judge Joseph R. Goodwin imposed the sentence. Assistant United States Attorney Kristin F. Scott handled the prosecution.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 2:19-cr-00104.
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Florida Man Pleads Guilty to Drug ConspiracyRead the Press Release
CHARLESTON, W.Va. – A Florida man pled guilty to participating in a drug conspiracy that spanned several states, announced United States Attorney Mike Stuart. Thomas Drew Bess, 39, pled guilty to conspiracy to distribute 50 grams or more of methamphetamine.
“Florida to LA to WV. Keeping this shipment of 96% pure and amazingly powerful meth from hitting the streets is a big win for law enforcement, the people of Charleston and all West Virginians,” said United States Attorney Mike Stuart. “We are using every available resource to stem the tide of meth that is coming into our communities. Great work by the Postal Inspection Service, DEA, the National Guard and my office. That’s called real teamwork.”
On September 1, 2019, Bess flew from Florida to Los Angeles, California. While there, he mailed a package that contained approximately 18.25 pounds of methamphetamine to Charleston. The package was picked up by a John Harvey Bush, Jr., and the methamphetamine was intended to be sold in the Charleston area. The U.S. Postal Inspection Service (USPIS) intercepted the package on September 4, 2019. Upon obtaining a search warrant for the package, they discovered over 18 pounds of methamphetamine inside. The majority of the methamphetamine was removed, except for 11.2 grams, which remained inside the package in order to conduct a controlled delivery. As law enforcement was delivering the package, the National Guard provided helicopter surveillance of the area. Bush was recorded driving to the residence and taking the package from the front porch. He then drove the package to his girlfriend’s residence, where he unloaded and opened the package, and discovered only 11.2 grams of methamphetamine. He attempted to flush the shipping label to the package. Shortly afterwards, law enforcement knocked on the front door of the girlfriend’s residence. Bush saw them through the window and was arrested as he tried to flee out the back door. Bush’s cell phone was seized and searched pursuant to a federal search warrant, where it became apparent that Bess had told Bush of the contents of the package, its tracking number, and when it would be arriving.
The methamphetamine was sent to the Drug Enforcement Administration (DEA) laboratory, where it tested 96% pure. Bess was subsequently arrested in Florida and brought to the Southern District of West Virginia on an indictment. Bess’ phone was searched pursuant to a federal warrant, wherein evidence of drug trafficking and distribution were discovered.
Bess faces life in prison when sentenced on December 8, 2020. Bush pled guilty on January 27, 2020. He faces up to 40 years in prison when sentenced on September 21, 2020.
The Drug Enforcement Administration (DEA), the United States Postal Service - Office of Inspector General, and the United States Postal Inspection Service (USPIS) conducted the investigation. The West Virginia National Guard assisted law enforcement with the investigation. Senior United States District Judge David A. Faber presided over the hearing. Assistant United States Attorney L. Alexander Hamner is handling the prosecution.
The Organized Crime Drug Enforcement Task Force (OCDETF) is an independent component of the U.S. Department of Justice. Established in 1982, OCDETF is the keystone of the Attorney General’s strategy to reduce the availability of illicit narcotics throughout the United States using a prosecutor-led, multi-agency approach to combat transnational organized crime. OCDETF agents and prosecutors nationwide handle complex investigations and prosecutions of the highest-level drug traffickers, money launderers, and other priority transnational criminal organizations that threaten the citizens of the United States. OCDETF facilitates joint operations by focusing its partner agencies on priority targets, by managing and coordinating multi-agency efforts, and by leveraging intelligence across multiple investigative platforms.
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. 2:20-cr-00024.
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Cross Lanes Woman Sentenced to More than 15 Years for Drug CrimeRead the Press Release
CHARLESTON, W.Va. – A Cross Lanes woman was sentenced to more than 15 years in prison for a drug crime, announced United States Attorney Mike Stuart. Brandi Martin, 35, was sentenced to 188 months in prison and five years of supervised release for possession with intent to distribute five grams or more of methamphetamine.
“Deadly - six pounds of 96% pure meth,” said United States Attorney Mike Stuart. “Thanks to the great work of our law enforcement partners, the package was intercepted before Martin had a chance to distribute it. Meth-related overdose deaths have been on the rise in our communities.”
On January 25, 2018, law enforcement intercepted a package of approximately six pounds of methamphetamine headed for Martin’s address. On January 26, 2018, law enforcement obtained a search warrant for Martin’s residence. Officers executed the warrant and found Martin as she was attempting to flush 19 grams of cocaine, 73 grams of methamphetamine and heroin. These drugs were recovered from the toilet and were sent away for forensic analysis. The drugs were confirmed for their substance and purity. The methamphetamine in the toilet proved to be 96% pure. The six pounds of methamphetamine also was 96% pure. Martin ultimately admitted that she intended to distribute the methamphetamine she was attempting to flush. Two handguns also were recovered from her residence.
Martin has a previous federal felony conviction for the distribution of cocaine.
The Drug Enforcement Administration (DEA) and United States Postal Inspection Service (USPIS) conducted the investigation as part of an Organized Crime Drug Enforcement Task Force. Senior United States District Judge David A. Faber imposed the sentence. Assistant United States Attorney L. Alexander Hamner is handling the prosecution.
The Organized Crime Drug Enforcement Task Force (OCDETF) is an independent component of the U.S. Department of Justice. Established in 1982, OCDETF is the keystone of the Attorney General’s strategy to reduce the availability of illicit narcotics throughout the United States using a prosecutor-led, multi-agency approach to combat transnational organized crime. OCDETF agents and prosecutors nationwide handle complex investigations and prosecutions of the highest-level drug traffickers, money launderers, and other priority transnational criminal organizations that threaten the citizens of the United States. OCDETF facilitates joint operations by focusing its partner agencies on priority targets, by managing and coordinating multi-agency efforts, and by leveraging intelligence across multiple investigative platforms.
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. 19-CR-00209.
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Akron Man Pleads Guilty to Role in Multi-State Meth ConspiracyRead the Press Release
HUNTINGTON, W.Va. – An Akron, Ohio man who participated in a conspiracy which saw large quantities of methamphetamine transported from Akron and distributed in the Southern District of West Virginia pled guilty today, announced United States Attorney Mike Stuart. Lennie T. Whisenant, Jr., 25, entered a guilty plea to conspiracy to distribute 500 grams or more of methamphetamine.
“I’ll tell you a secret: WV is not the place to seek drugs. Another one from Akron. Incredible how these out-of-state drug dealers keep coming to West Virginia to peddle their poisons. We’ll keep arresting them and prosecuting them,” said United States Attorney Mike Stuart.
Whisenant admitted that during the months of April and May of 2019, he participated in a conspiracy with multiple individuals to distribute methamphetamine in the Southern District of West Virginia. Whisenant and others used a residence located at 1235 25th Street in Huntington to store methamphetamine after it was shipped from the Akron area. Whisenant and others then distributed the methamphetamine to various customers in the Huntington and Charleston areas. Whisenant also made reports back to sources in Akron regarding amounts of methamphetamine that had been sold and amounts that remained in Huntington. As part of his plea, Whisenant admitted that he was responsible for distributing up to 1.5 kilograms of methamphetamine during the conspiracy.
Whisenant faces 10 years to life in federal prison when he is sentenced on November 30, 2020.
The joint investigation was led by the Federal Bureau of Investigation (FBI). Other agencies which participated and assisted in the investigation include the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), the Violent Crime and Drug Task Force West, the Metropolitan Drug Enforcement Network Team (MDENT), the West Virginia State Police, the Drug Enforcement Administration (DEA) Task Force, the Beckley/Raleigh County Drug and Violent Crime Unit, the United States Marshals Service, the Cabell County Sheriff’s Department, the Charleston Police Department, the Putnam County Sheriff’s Department, the Ohio State Highway Patrol, the Akron, Ohio Police Department, and the Brecksville, Ohio Police Department.
United States District Judge Robert C. Chambers presided over the hearing. Assistant United States Attorney Joseph F. Adams is handling the prosecution.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 3:19-cr-00245.
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BREAKING NEWS: U.S. Marshals Apprehend Kymoni Davis in DetroitRead the Press Release
Davis was Indicted by Federal Grand Jury in January
CHARLESTON, W.Va. – U. S. Marshals have apprehended Kymoni Davis, also known as “Money,” in Detroit, announced United States Attorney Mike Stuart. Davis, 31, was charged by federal indictment in January 2020 with being a felon in possession of ammunition. He has remained a fugitive since his indictment. The indictment alleges that on January 1, 2020, Davis possessed 9mm ammunition. According to the indictment, Davis has three prior felony convictions in state court in Michigan.
Davis also faces state felony charges in Cabell County, in connection with a New Year’s Day shooting in Huntington at the Kulture Hookah Bar.
“Great work by the Detroit Police Department and the U.S. Marshals Service,” said United States Attorney Mike Stuart. “The people of Huntington can rest assured that my team is working closely with our federal, state and local law enforcement partners and the Cabell County Prosecutor’s Office to reduce violent crime in Huntington and hold trigger-pullers accountable.”
“ATF is committed to our law enforcement partnerships whose good work today resulted in the arrest of a fugitive wanted for violent crimes,” said R. Shawn Morrow, ATF Louisville Special Agent in Charge. “Our streets are safer due to these partnerships.”
Davis faces up to 10 years in prison, if convicted.
The Huntington Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) are conducting the investigation. Assistant United States Attorney Greg McVey is handling the prosecution.
This case is being prosecuted as part of the Project Safe Neighborhoods (PSN) program, the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
Please note: 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.
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. 3:20-cr-00018.
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Project Guardian: Beckley Man Pleads Guilty to Federal Gun ChargeRead the Press Release
HUNTINGTON, W.Va. – A Beckley man has pled guilty to a federal gun crime, announced United States Attorney Mike Stuart. Justin J. Monroe, 34, pled guilty to being a felon in possession of a firearm.
Monroe admitted that on September 20, 2019, a vehicle in which he was a passenger was stopped by the West Virginia State Police for speeding along Interstate 64 near Hurricane. Troopers later searched the vehicle, which was being driven by an inebriated driver, and recovered a Glock model 23 .40 caliber pistol. Monroe claimed ownership of the firearm on the scene, and later admitted to law enforcement that he knew he was a convicted felon which barred him from possessing the firearm, but that he chose to keep it for protection. Monroe has two prior felony convictions in Raleigh County Circuit Court.
Monroe faces a maximum of 10 years in prison when sentenced on November 16, 2020.
The West Virginia State Police conducted the investigation. United States District Judge Robert C. Chambers presided over the hearing. Assistant United States Attorney Negar M. Kordestani is handling the prosecution.
The case is being prosecuted as part of Project Guardian, the Department of Justice’s signature initiative to reduce gun violence and enforce federal firearms laws. Initiated by the Attorney General in the fall of 2019, Project Guardian draws upon the department’s past successful programs to reduce gun violence; enhances coordination of federal, state, local, and tribal authorities in investigating and prosecuting gun crimes; improves information-sharing by the Bureau of Alcohol, Tobacco, Firearms and Explosives when a prohibited individual attempts to purchase a firearm and is denied by the National Instant Criminal Background Check System (NICS), to include taking appropriate actions when a prospective purchaser is denied by the NICS for mental health reasons; and ensures that federal resources are directed at the criminals posing the greatest threat to our communities. The United States Attorney’s Office is prosecuting this case with support from the Project Guardian partners noted above. For more information about Project Guardian, please see: https://www.justice.gov/projectguardian.
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. 3:20-cr-00047.
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Wheelers Indicted for Conspiracy to Obstruct JusticeRead the Press Release
CHARLESTON, W.Va. – A federal grand jury has returned an indictment charging Julie Wheeler, 44, and her husband Rodney Wheeler, 48, both of Beaver, with conspiracy to obstruct justice, according to United States Attorney Mike Stuart.
The indictment alleges that while awaiting sentencing for a federal health care fraud conviction, Julie Wheeler conspired with her husband Rodney Wheeler and others known to the Grand Jury to obstruct justice by falsely reporting her fall from Grandview Park overlook, part of the New River Gorge National River. According to the indictment, on or about May 31, 2020, Rodney and a known person falsely reported her fall to the National Park Service, prompting an emergency 911 call. A massive search and rescue operation ensued. Rescue personnel found a shoe and cell phone that belonged to Julie Wheeler at the base of the overlook. To further the conspiracy, the indictment alleges that Rodney Wheeler and a known person also gave false statements to federal, state and local law enforcement officials concerning Julie Wheeler’s disappearance. According to the indictment, Rodney Wheeler addressed the incident on his Facebook page on or about June 1, 2020, expressing “hope that she will be found,” to further mislead the public and law enforcement authorities into believing Julie Wheeler had fallen and remained missing. On June 2, 2020, members of the West Virginia State Police executed a state search warrant at the Wheelers’ home and found Julie Wheeler hiding in her closet.
“Lies and deception. The indictment alleges that Julie Wheeler knowingly conspired with her husband, Rodney, to falsely report her fall from the New River Gorge National River,” said United States Attorney Mike Stuart. “Wheeler was already convicted of federal health care fraud for a most heinous crime of fraudulently obtaining nearly $300,000 from the VA’s spina bifida fund. Instead of accepting responsibility and being accountable for her horrendous conduct, she and her husband concocted a really bad scheme and, in the process, risked the lives of first responders and the critical resources of taxpayers. It is unconscionable conduct by any measure. I want to commend Law Enforcement Specialist Stan Wilson with the National Park Service and Trooper First Class C. A. Dunn of the West Virginia State Police for their excellent work in this case.”
After being found, Julie Wheeler was sentenced on June 30, 2020, to 42 months in prison and three years of supervised release for health care fraud. She was further ordered to pay restitution in the amount of $289,055.07. She pled guilty to the health care fraud charge on February 11, 2020, and admitted submitting fraudulent applications to the VA Spina Bifida Health Care Benefits Program where she overbilled for providing spina bifida care for a family member, K.L., in the amount of $289,055.07.
The Wheelers are charged for numerous felony and misdemeanor offenses in state court relating to the false reporting of an emergency. Raleigh County Prosecuting Attorney Kristen Keller has provided invaluable assistance throughout the federal investigation.
The National Park Service and the West Virginia State Police conducted the investigation. The Federal Bureau of Investigation (FBI) and the Veterans Affairs - Office of Inspector General (VA-OIG), the Office of Veterans Affairs (VA), and the United States Department of Health and Human Services - Office of Inspector General (HHS-OIG) conducted the investigation of the underlying fraud. Assistant United States Attorney Erik S. Goes is handling the prosecution.
Please note: 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.
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. 5:20-cr-145-1 (obstruction) and 2:19-cr-135 (health care fraud).
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Project Parkersburg Update: Two Defendants Sentenced to Federal Prison for Drug TraffickingRead the Press Release
CHARLESTON, W.Va. – Two Project Parkersburg defendants were sentenced to federal prison today for their roles in a large-scale, multi-state drug trafficking conspiracy, announced United States Attorney Mike Stuart.
Amanda Atkinson, 44, of Vienna, was sentenced to 30 months in prison and one year of supervised release. She previously admitted using a cellular telephone to facilitate drug trafficking. Michael Holley, Jr., 37, of Parkersburg, was sentenced to 77 months in prison and four years of supervised release. He previously admitted distributing between 50 grams and 200 grams of methamphetamine between February 2018 and July 2018.
“Project Parkersburg was an extraordinary law enforcement operation that successfully dismantled a major network of drug traffickers,” said United States Attorney Mike Stuart. “Today’s sentencings bring the total number of federal defendants sentenced to 10, with additional defendants still awaiting sentencing. My team is laser-focused on shuttering drug trafficking organizations before any more of our kids and communities fall victim.”
Atkinson and Holley, Jr. were prosecuted as part of Project Parkersburg – a major takedown and dismantling of a multi-state drug trafficking organization (DTO) responsible for distributing methamphetamine and heroin. The long-term, joint investigation resulted in at least 29 individuals being charged in federal and state court and the seizure of 121 pounds of ICE methamphetamine, six kilograms of cocaine, 217 grams of heroin and 478 grams of fentanyl.
Of the defendants charged in federal court, Todd Land, Jeffrey Hoyler, Nicholas Easton, T.J. Gibson, Edward Marks, Amy Rake, Marshall Polan, and Troy Pastorino have been sentenced. Aurelius Edmonds, Terrence McGuirk, Michael Rhodes and Antoine Terry await sentencing later this year.
The investigation was conducted by the Federal Bureau of Investigation (FBI), the Parkersburg Police Department, the Dayton (Ohio) Police Department and the Parkersburg Narcotics and Violent Crime Task Force. United States District Judge Irene C. Berger imposed the sentences. Assistant United States Attorneys Joshua Hanks and Jeremy Wolfe handled the prosecution.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 18-CR-00225.
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Massachusetts Man Indicted for Mailing Threatening Communications to Circuit JudgeRead the Press Release
CHARLESTON, W.Va. - A federal grand jury has indicted Keith Lessard, 40, of Uxbridge, Massachusetts, for mailing threatening communications to a Kanawha County Circuit Judge, according to United States Attorney Mike Stuart.
According to the indictment, Lessard engaged in a series of communications with the Judge and others using email and the United States Postal Service. The indictment alleges that the communications were part of a scheme to extort money from the Judge by threatening injury to her reputation by claiming that she engaged in illegal prosecutorial misconduct in a 2010 case against Lessard when she was serving as an Assistant Prosecuting Attorney in Kanawha County.
“Threats of any kind are taken seriously and investigated, especially when those threats target a member of the judiciary,” said United States Attorney Mike Stuart. “Lessard now faces two years if convicted of this scheme that targeted a judge.”
“These threats are taken very seriously and an example of the FBI’s dedication to keeping our community safe,” said FBI Pittsburgh Special Agent in Charge Michael Christman. “These charges should send the message that we will not tolerate sending threatening words to victims in our communities.”
Lessard faces up to two years in prison, if convicted.
The Federal Bureau of Investigation (FBI) and the United States Postal Inspection Service (USPIS) are conducting the investigation. Assistant United States Attorney Joshua C. Hanks is handling the prosecution.
Please note: 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.
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. 2:20-cr-00144.
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Federal Jury Convicts Cabell County Man on Drug and Gun ChargesRead the Press Release
HUNTINGTON, W.Va. - A Cabell County man was convicted of federal drug and gun charges following a jury trial, announced United States Attorney Mike Stuart.
Steven McCallister, 47, of Barboursville, was convicted of distribution of fentanyl, possession with intent to distribute 400 grams or more of fentanyl, possession of a firearm in furtherance of drug trafficking, and being felon in possession of a firearm.
“This is a significant victory for the people of West Virginia and the City of Huntington,” said United States Attorney Mike Stuart. “McCallister was found guilty on all counts in near record time because the evidence was so overwhelming. Defendant by defendant, case by case, matter by matter, we are taking back the streets from the drug dealers and poison peddlers and returning them to our good citizens.”
On June 12, 2019, agents with the Metropolitan Drug Enforcement Network Team (MDENT) arranged a controlled buy of 50 grams of heroin from McCallister through a confidential informant (CI). The controlled buy was conducted at McCallister’s residence at 224 Carper Lane in Barboursville. Following the controlled buy, MDENT agents, along with members of the Violent Crime and Drug Task Force West, executed a search warrant at the residence and discovered over a kilogram of fentanyl/heroin mix. They also discovered a loaded .357 handgun in McCallister’s bedroom where part of the fentanyl was located along with a large amount of cash.
McCallister was a convicted felon and was prohibited from possessing the firearm. In addition, the jury found him guilty of possessing that firearm in furtherance of his drug trafficking.
The investigation was conducted by the Metropolitan Drug Enforcement Network Team (MDENT), the Violent Crime and Drug Task Force West, the U.S. Department of Homeland Security-Homeland Security Investigations (HSI) and the West Virginia State Police. Assistant United States Attorneys Greg McVey and Joseph Adams prosecuted the case before United States District Judge Robert C. Chambers.
McCallister faces a minimum of 20 years to life in prison when he is sentenced on December 7, 2020.
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. 3:19-cr-00153.
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Charleston Tax Preparer and Mother Indicted for FraudRead the Press Release
CHARLESTON, W.Va. – A federal grand jury has handed down two separate indictments charging a Charleston tax preparer and her mother in connection with a fraud scheme, according to United States Attorney Mike Stuart.
“Small businesses and entrepreneurs are the backbone of the American economy. Business is tough especially for smaller businesses that may not have the resources of larger enterprises. In this case, the victims did everything right- hired good employees, managed their company, and, as all good business should do, hired an accountant. Unfortunately, they hired what we allege is a fraudster that, for nearly a decade, faked, constructed and defrauded her victims out of nearly $600,000,” said United States Attorney Mike Stuart. “These two indictments- separate but certainly related- allege a very complex fraud scheme carried out by the defendants for the purpose of personal enrichment. Greed for lack of a better term. I applaud the efforts of our federal and state law enforcement partners for conducting the quick, but thorough investigation resulting in today’s indictments.”
“A great deal of trust was placed in these two individuals to not violate the fiduciary responsibility they had with their clients,” said FBI Pittsburgh Special Agent in Charge Michael Christman. “Instead, these women chose to pocket the hard earned money of local companies. The FBI does not take lightly any betrayal of trust and will fully investigate these crimes.”
Misty Brotherton-Tanner, 40, was charged in an 18-count indictment with wire fraud, aggravated identity theft, unlawful monetary transactions and making false statements. She faces up to 270 years in prison, with as much as four years running consecutively, a $4.5 million fine and three years of supervised release, if convicted.
The indictment alleges that from 2014 until March 13, 2020, Brotherton-Tanner provided tax preparation and bookkeeping services to several businesses, including three West Virginia corporations, all located in Kanawha County. The indictment further alleges that she had provided the same services in the past to a now dissolved Kanawha County non-profit. According to the indictment, as part of Brotherton-Tanner’s work for the companies, she had access to each company’s accounting software that was connected to each of the company’s bank accounts. Brotherton-Tanner used QuickBooks software to embezzle from the local businesses - she created "ghost" employee accounts and then funneled the money to the employee accounts before ultimately transferring the money to bank accounts over which she maintained control. Brotherton-Tanner used identities of herself, members of her family and others to create "ghost" employee accounts at the companies and connected those to her personal bank accounts. She was not employed by any of the companies, but would submit bills for her services to get paid. She created herself an employee profile in each company’s Quickbooks payroll system, knowing that she was not entitled or authorized to receive the funds she transferred to herself. According to the indictment, Brotherton-Tanner also transferred a portion of the stolen funds to a non-profit’s bank account that she controlled and from the nonprofit’s bank account, she would then write checks to be distributed to herself and her family members, including Lois Brotherton, who is charged in a separate indictment. In addition, the indictment alleges that Brotherton-Tanner fraudulently misrepresented to two companies that she had filed the federal and state tax returns for both of the companies, although she knew she had not filed the tax returns or paid the taxes due since 2013. In furtherance of the scheme, Brotherton-Tanner made six electronic transfers from a third company’s bank account to the State of West Virginia Tax Department to pay off the state tax debt of one of the companies in an attempt to conceal her previous fraudulent transfers to herself and other “ghost employees.” According to the indictment, Brotherton-Tanner defrauded several businesses of at least $582,696.
In a separate five count indictment, Brotherton-Tanner’s mother, Lois Brotherton, 65, was indicted for conspiracy to commit wire fraud and wire fraud. She faces up to 100 years in prison, a $1 million fine and three years of supervised release, if convicted. According to the indictment, Brotherton also provided bookkeeping, accounting and website design services to the same Kanawha County non-profit organization as Brotherton-Tanner. The non-profit is now dissolved. According to the indictment, in 2017, Brotherton asked Brotherton-Tanner to write her checks from the non-profit’s bank account, although Brotherton knew she was not entitled to those funds. Brotherton-Tanner agreed to do so. Brotherton would receive money at the non-profit that her daughter would transfer from three different companies, without their knowledge or consent. Brotherton would then deposit the money into her personal account. As a result, the indictment alleges that Brotherton and Brotherton-Tanner defrauded the companies of at least $48,509.
The cases were investigated by the Federal Bureau of Investigation (FBI), the Internal Revenue Service-Criminal Investigations, the United States Postal Inspection Service and the West Virginia State Tax Department-Criminal Investigation Division. United States Attorney Mike Stuart and Assistant United States Attorneys Erik Goes and Kathleen Robeson are handling the prosecution.
Please note: 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.
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. 2:20-cr-00146 (Brotherton-Tanner) 2:20-cr-00147 (Brotherton).
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Media Advisory: United States Attorney Mike Stuart to Hold Press Conference TomorrowRead the Press Release
CHARLESTON, W.Va. –Mike Stuart, United States Attorney for the Southern District of West Virginia, joined by federal, state and local law enforcement officials, will hold a press conference on Wednesday, August 19, 2020, at 10 a.m. regarding law enforcement actions.
Where: Robert C. Byrd United States Courthouse – (will be outside in the front courtyard)
300 Virginia Street East
Charleston, WV 25301When: Wednesday, August 19, 2020 at 10 a.m.
*Note: Please wear masks.
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Two Plead Guilty for Roles in Huntington Fentanyl TraffickingRead the Press Release
HUNTINGTON, W.Va. – A Detroit man trafficking fentanyl, and a Huntington woman assisting him, both pled guilty to federal charges today, announced United States Attorney Mike Stuart. Vernon Eugene Mitchell, 30, and Tasha Lynn Adkins, 34, both pled guilty to distributing fentanyl. Mitchell also pled guilty to possession of a firearm in furtherance of a drug trafficking crime.
“Detroit is home for another drug dealer taken down in southern West Virginia. Fentanyl has been a death drug for our people and Detroit and out-of-state drug dealers simply don’t care. These two were quite the pair. Drugs and guns don’t mix and lawbreakers will be caught and prosecuted,” said United States Attorney Mike Stuart. “We are all safer having these two off the streets.”
On October 2, 2019, officers with the Huntington Police Department utilized a confidential informant to purchase fentanyl from Mitchell. The informant met with Mitchell near the intersection of 13th Street West and Monroe Avenue in Huntington where Mitchell provided the fentanyl to the informant.
On October 28, 2019, officers again used an informant to contact Mitchell to purchase fentanyl. On that date, Mitchell directed the informant to go to a residence in the 300 block of 5th Avenue in Huntington. At that location, Adkins met with the informant and distributed the fentanyl.
Officers executed a search warrant at Mitchell’s residence located at 438 ½ 5th Avenue in Huntington on November 7, 2019. When officers entered, they located Mitchell and Adkins. During the search, officers found a number of items including $11,201 in cash and a loaded .45 caliber pistol. Mitchell admitted at the plea hearing that he made the money by selling fentanyl and that he possessed the firearm. Mitchell also admitted that he had been selling heroin and fentanyl in the Huntington area between the summer of 2019 and December 2019.
Mitchell faces five years to life in prison when he is sentenced on November 23, 2020. Adkins faces up to 20 years in prison when she is sentenced on November 23, 2020.
The Huntington Police Department conducted the investigation. United States District Judge Robert C. Chambers presided over the hearing. Assistant United States Attorney Joseph F. Adams is handling the prosecution.
The case is being prosecuted as part of Operation Synthetic Opioid Surge (S.O.S.) and the Project Safe Neighborhoods (PSN) program.
Operation Synthetic Opioid Surge (S.O.S.) is an enforcement surge that seeks to reduce the supply of deadly synthetic opioids in high impact areas.
The Project Safe Neighborhoods (PSN) program is the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 3:19-cr-00311.
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Huntington Woman Pleads Guilty to Drug and Firearm ChargesRead the Press Release
HUNTINGTON, W.Va. – A Huntington woman has pled guilty to drug and gun crimes, announced United States Attorney Mike Stuart. Elizabeth Leighton Mullins, 46, pled guilty to possession with intent to distribute methamphetamine and to being a prohibited person in possession of a firearm.
“Getting illegal drugs off the streets of Huntington was a top priority of mine since becoming United States Attorney. We have left no stone unturned and the results speak for themselves,” said United States Attorney Mike Stuart. “Great work by the Huntington Police Department and the Violent Crime and Drug Task Force West in stopping this gun-toting drug dealer.”
Mullins admitted that on February 13, 2019, in a residence at 1352 Charleston Ave. in Huntington, she possessed plastic baggies containing approximately 69 grams of methamphetamine, a loaded SCCY CPX-1 9mm pistol, and a loaded Ruger LCP II .380 caliber pistol. Mullins later admitted that the methamphetamine was hers and that she intended to sell it. Mullins also admitted that she was an unlawful user of methamphetamine which prevented her from possessing the firearms. Mullins faces a maximum of 20 years in prison when sentenced on November 16, 2020.
The Huntington Police Department and the Violent Crime and Drug Task Force West conducted the investigation. United States District Judge Robert C. Chambers presided over the hearing. Assistant United States Attorney Ryan A. Keefe is handling the prosecution.
This case is being prosecuted as part of the Project Safe Neighborhoods (PSN) program, the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 3:19-cr-00203.
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Cabell County Man Sentenced for Defrauding ChurchRead the Press Release
Wrote Nearly $500,000 in Checks on Church Account for Personal Benefit
HUNTINGTON, W.Va. – A Cabell County man was sentenced to 33 months in prison for a federal fraud crime, announced United States Attorney Mike Stuart. Robert Dale Adkins, 76, of Ona, previously pled guilty to a mail fraud scheme. Adkins also was ordered to pay restitution in the amount of $487,488.92.
“Stealing is one thing, but stealing almost half a million dollars from a church is both remarkable and tragic,” said United States Attorney Mike Stuart. “This man betrayed the trust of the church and its parishioners for six years by padding his personal bank account with the church’s money.”
From at least 2012 until approximately December 2018, Adkins was the treasurer for the Antioch Baptist Church, located near Ona. As treasurer, Adkins had access to the church’s checking account and was authorized to sign checks from that account on behalf of the church. While serving as treasurer, Adkins wrote and signed checks on the church’s account for his own benefit. Those checks went to pay personal creditors as well as for personal items. Adkins wrote the checks without the church membership’s knowledge or approval, and without the knowledge or approval of any church board member. Adkins would then mail the checks to pay his personal creditors. Adkins wrote approximately $487,488.92 in unauthorized checks on the church’s account for his personal use.
The West Virginia State Police and the United States Postal Inspection Service (USPIS) conducted the investigation. United States District Judge Robert C. Chambers imposed the sentence. Assistant United States Attorney Greg McVey handled the prosecution.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 3:20-cr-00012.
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South Charleston Man Pleads Guilty to Drug CrimeRead the Press Release
CHARLESTON, W.Va. – A South Charleston man pled guilty today to a federal drug crime, announced United States Attorney Mike Stuart. Eric Wiseman, 39, pled guilty to attempting to possess with intent to distribute marijuana.
“Arranging for the delivery of marijuana and the sale of marijuana amounts to drug trafficking,” said United States Attorney Mike Stuart. “U.S. Attorneys don’t make the laws. I don’t make the laws, I enforce the laws - all laws. Marijuana is illegal under federal law and my office prosecutes all federal crimes, including those involving marijuana.”
Wiseman admitted that on November 7, 2019, he attempted to possess approximately 6.1 kg of marijuana and had arranged for the delivery of this marijuana to his residence in South Charleston. Wiseman further admitted he had intended to distribute this marijuana for sale. Officers with the Metropolitan Drug Enforcement Network Team (MDENT) intercepted the marijuana delivery and then conducted a controlled delivery of a package to his residence as part of their investigation.
Wiseman faces up to five years in prison when he is sentenced on November 12, 2020.
The Metropolitan Drug Enforcement Network Team (MDENT) conducted the investigation. Senior United States District Judge John T. Copenhaver, Jr. presided over the hearing. Assistant United States Attorney Negar M. Kordestani is handling the prosecution.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 2:20-cr-00122.
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Project Guardian: Two Men Plead Guilty to Firearm CrimesRead the Press Release
CHARLESTON, W.Va. – Two men pled guilty this week to federal firearm crimes, according to United States Attorney Mike Stuart.
Jeremy Vance, 38, of Charleston, pled guilty to being a felon in possession of several firearms in Logan County. Vance admitted that on August 15, 2019, he was carrying four guns while riding a bicycle in West Logan. He admitted that he knew he should not have had the guns because he had previously been convicted of breaking and entering in Logan County Circuit Court in 2011. Vance admitted that he had planned to take the four guns to a local flea market to sell them for money. The guns included two Mossberg 12 gauge shotguns, one Marlin .22 caliber rifle and one Marlin 12 gauge shotgun. Vance faces up to 10 years in prison when sentenced on December 9, 2020. The West Virginia State Police conducted the investigation. United States District Judge Irene C. Berger presided over the hearing. Assistant United States Attorney Kristin Scott is handling the prosecution.
Adam Michael Miller, 28, of Parkersburg, pled guilty to being a felon in possession of a firearm. Miller admitted that he was driving a white Honda Pilot on October 28, 2019, when the vehicle was stopped by an officer with the Parkersburg Police Department in the 900 block of Williams Street in Parkersburg. Officers searched the vehicle and found a loaded Smith & Wesson .40 caliber semi-automatic pistol along with a digital scale, small empty plastic bags consistent with drug distribution, and quantities of marijuana and psilocybin mushrooms. Several .40 caliber bullets also were found on Miller’s person. The firearm had previously been reported to the Parkersburg Police Department as stolen. Miller was not legally permitted to possess a firearm due to his previous conviction for the felony offense of burglary on December 6, 2017, in the Circuit Court of Calhoun County. Miller’s prior burglary conviction was related to his role in the kidnapping and torture of Joshua Darwin Shrader of Parkersburg in July 2016. He was sentenced to prison in that case for an indeterminate sentence of not less than one year or more than 15 years. He was later released on supervised parole and was still on parole when this offense occurred. In addition to the burglary conviction, Miller has three convictions for battery on a corrections officer, four convictions for battery, three convictions for violation of a protective order, as well as convictions for reporting a false emergency, obstructing an officer, destruction of property and intimidation of a witness. Miller faces up to 10 years in prison when sentenced on December 8, 2020. The Parkersburg Police Department conducted the investigation with the assistance of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). Senior United States District Judge David A. Faber presided over the hearing. Assistant United States Attorney Jeremy B. Wolfe is handling the prosecution.
These cases are being prosecuted as part of the Project Guardian, the Department of Justice’s signature initiative to reduce gun violence and enforce federal firearms laws. Initiated by the Attorney General in the fall of 2019, Project Guardian draws upon the department’s past successful programs to reduce gun violence; enhances coordination of federal, state, local, and tribal authorities in investigating and prosecuting gun crimes; improves information-sharing by the Bureau of Alcohol, Tobacco, Firearms and Explosives when a prohibited individual attempts to purchase a firearm and is denied by the National Instant Criminal Background Check System (NICS), to include taking appropriate actions when a prospective purchaser is denied by the NICS for mental health reasons; and ensures that federal resources are directed at the criminals posing the greatest threat to our communities. The United States Attorney’s Office is prosecuting these cases with support from the Project Guardian partners noted above. For more information about Project Guardian, please see: https://www.justice.gov/projectguardian.
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. 2:20-cr-00094 (Vance) and Case No. 2:20-cr-00022 (Miller).
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United States Attorney Mike Stuart Releases 'Back the Blue' VideoRead the Press Release
CHARLESTON, W.Va. – United States Attorney Mike Stuart announced the release of a ‘Back the Blue’ video supporting law enforcement in West Virginia and across the country. The video features Stuart, along with several staff members of the United States Attorney’s Office for the Southern District of West Virginia, voicing support for law enforcement.
“I’m proud as the United States Attorney for the Southern District of West Virginia to make it clear that I back the blue, that we back the blue, and that our progress in keeping our streets safe is a commitment that we share with our federal, state and local partners,” said United States Attorney Mike Stuart. “Recent efforts to defund, undermine and weaken the police will only make our communities less safe. The police are not the enemy. They are brave, courageous public servants. Our police officers should never be a target for those attempting to undermine public safety. God forbid if those that attempt to undermine our police are successful in their efforts. The public needs police protection now more than ever, especially in light of the violence surging across the country. I encourage members of the public to show their support for law enforcement all across this nation. We cannot continue to demoralize our police; we need to lift them up and have their backs as they work tirelessly to protect us every day. We keep them and their family members in our prayers.”
The video can be seen on the district’s YouTube page.
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Ohio Man Pleads Guilty to Federal Drug OffenseRead the Press Release
CHARLESTON, W.Va. – An Akron, Ohio man has pled guilty to a federal drug charge, announced United States Attorney Mike Stuart. Devante Terrell Hatch, 28, pled guilty to possession with intent to distribute 50 grams or more of methamphetamine.
“Another Akron drug dealer is caught bringing his poison into West Virginia,” said United States Attorney Mike Stuart. “Hatch joins a long list of out-of-state drug dealers prosecuted by my office. My team, along with our law enforcement partners, is working hand-in-glove with our colleagues in Ohio and elsewhere to hold drug dealers accountable and shut down the flow of drugs into our communities.”
On February 25, 2019, the Parkersburg Narcotics Task Force (PNTF) received a tip that a large load of drugs was being delivered to a specific apartment on Staunton Avenue between 9 p.m. and 11 p.m. and that it would be coming from Akron, Ohio in a vehicle with Ohio license plates. Uniformed Parkersburg Police Officers began surveilling the area. At 10:05 p.m., they observed a GMC Terrain with Ohio license plates pull into the alley behind Staunton Avenue and park directly behind the apartment. Police made contact with Hatch, who was driving the vehicle. Hatch claimed to be there to visit his girlfriend, but he could not tell them where she lived. The officers smelled marijuana and asked Hatch whether he had any in the vehicle. Hatch admitted that he did, and officers searched the vehicle. The officers located and seized two backpacks containing marijuana and more than four pounds of methamphetamine. At the plea hearing, Hatch admitted that he intended to distribute the methamphetamine in Parkersburg.
Hatch faces five to 40 years in prison and at least four years of supervised release when he is sentenced on December 9, 2020.
The Parkersburg Narcotics Task Force and the Parkersburg Police Department conducted the investigation. United States District Judge Irene C. Berger presided over the hearing. Assistant United States Attorney Joshua Hanks is handling the prosecution.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 2:20-cr-00061.
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Man Accused of Mailing Threatening Communications to Kanawha County Circuit Judge Arrested on Federal Criminal ComplaintRead the Press Release
CHARLESTON, W.Va. – United States Attorney Mike Stuart announced today that Keith Lessard, 40, of Uxbridge, Massachusetts, was arrested on a federal criminal complaint alleging that he mailed threatening communications to a Kanawha County Circuit Judge. According to the criminal complaint, Lessard engaged in a series of communications with the Judge and others using email and the United States Postal Service. The communications were part of a scheme to extort money from the Judge by threatening injury to her reputation by claiming that she engaged in illegal prosecutorial misconduct in a 2010 case against Lessard when she was serving as an Assistant Prosecuting Attorney in Kanawha County. The complaint further notes that there is no evidence supporting Lessard’s claims of illegal conduct on the part of the Assistant Prosecutor.
“Any threat to any member of the judiciary is taken very seriously. I commend the FBI and the U.S. Postal Inspection Service for conducting the thorough investigation which led to Lessard’s arrest today,” said United States Attorney Mike Stuart.
“We take extortion threats very seriously and will investigate them to our full potential,” said FBI Pittsburgh Special Agent in Charge Michael Christman. “People who think they can extort others need to know there will be consequences. These crimes cause severe emotional distress and will not be tolerated.”
“The U.S. Postal Inspection Service is committed to preserving the integrity of the U.S. mail. By working closely with our law enforcement partners in operations like this, we can hold those engaged in terrible crimes accountable for their actions,” said Tosha Dennis, Acting Inspector in Charge of the Pittsburgh Division.
Lessard faces up to two years in prison, if convicted.
The Federal Bureau of Investigation (FBI) and the United States Postal Inspection Service (USPIS) are conducting the investigation. Assistant United States Attorney Joshua C. Hanks is handling the prosecution.
Note: The charge contained in the complaint is merely an accusation, and the defendant is presumed innocent unless and until proven guilty.
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. 2:20-mj-00106.
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Charleston Woman Sentenced to Federal Prison for Drug CrimeRead the Press Release
CHARLESTON, W.Va. – A Charleston woman was sentenced to federal prison for a drug crime, announced United States Attorney Mike Stuart. Courtney Ferrell, 45, was sentenced to 36 months in prison for possession with intent to distribute methamphetamine. She also will serve four years of supervised release.
“My team is doing what it does best…putting criminals behind bars and ridding the streets of dangerous drugs and drug dealers,” said United States Attorney Mike Stuart.
Ferrell previously admitted that she was in possession of over 134 grams of methamphetamine when officers searched her room at the Motel 6 in Cross Lanes on November 15, 2018. A search of her home on October 12, 2018 revealed an additional 500 grams of methamphetamine. Ferrell accepted responsibility for 680.33 grams of methamphetamine.
The Metropolitan Drug Enforcement Network Team (MDENT) conducted the investigation. Senior United States District Judge David A. Faber imposed the sentence. Assistant United States Attorney Julie White and former Assistant United States Attorney Ryan Saunders handled the prosecution.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 2:19-cr-00269.
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Project Safe Neighborhoods: Charleston Man Pleads Guilty to Federal Firearm OffenseRead the Press Release
CHARLESTON, W.Va. – A Charleston man has pled guilty to a federal firearm offense, announced United States Attorney Mike Stuart. Frankie D. McNeal, 25, pled guilty to being a felon in possession of a firearm.
McNeal admitted that on October 14, 2019, he went to The Empty Glass bar in Charleston with a Glock 19 9mm pistol. Investigation into the incident revealed that while at the bar, McNeal got into an altercation with a female patron. He then went outside and discharged a round from the Glock pistol through the windshield of the female’s car. Surveillance video, DNA evidence and ballistics linked McNeal and the firearm. Police responding to the incident located McNeal in a nearby alley and recovered the Glock pistol from a dumpster next to where McNeal was standing. McNeal was prohibited from possessing a firearm as a result of his September 2012 conviction of first degree robbery in Kanawha County Circuit Court.
McNeal faces up to 10 years in prison when sentenced on December 2, 2020.
The Charleston Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) conducted the investigation. Assistant United States Attorney Kristin F. Scott is handling the prosecution. United States District Judge Irene C. Berger presided over the hearing.
This case was prosecuted as part of the Project Safe Neighborhoods (PSN) program, the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 2:20-cr-00099.
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Project Guardian: Wood County Man Sentenced on Federal Gun ChargeRead the Press Release
CHARLESTON, W.Va. – A Wood County man was sentenced to 103 months in federal prison for being a felon in possession of a firearm, according to United States Attorney Mike Stuart. Jeromee Todd Donaway, 31, of Parkersburg, also will serve three years on supervised release.
Donaway pled guilty in March 2020 and admitted that he possessed firearms on two occasions while on parole after being convicted in Wood County Circuit Court in September 2017 of possession with intent to deliver a controlled substance. On February 25, 2019, the Parkersburg Police Department responded to a residence on Broadway Avenue to investigate a complaint that Donaway had been seen waving a firearm while screaming at someone. The responding officers detained Donaway and located a loaded Cobra .380 caliber pistol in Donaway’s backpack. At the time of the arrest, Donaway was on bond for a previous incident that occurred on December 22, 2018 when the Vienna Police Department seized two pistols from him during a traffic stop on Grand Central Avenue. A backpack in the vehicle contained quantities of suspected methamphetamine and heroin. Donaway has three prior convictions of possession with intent to deliver a controlled substance, as well as convictions for carrying a dangerous weapon and attempting to disarm a police officer.
The Parkersburg Police Department and the Vienna Police Department conducted the investigation. Assistant United States Attorney Joshua Hanks handled the prosecution. United States District Judge Joseph R. Goodwin imposed the sentence.
The case was part of Project Guardian, the Department of Justice’s signature initiative to reduce gun violence and enforce federal firearms laws. Initiated by the Attorney General in the fall of 2019, Project Guardian draws upon the department’s past successful programs to reduce gun violence; enhances coordination of federal, state, local, and tribal authorities in investigating and prosecuting gun crimes; improves information-sharing by the Bureau of Alcohol, Tobacco, Firearms and Explosives when a prohibited individual attempts to purchase a firearm and is denied by the National Instant Criminal Background Check System (NICS), to include taking appropriate actions when a prospective purchaser is denied by the NICS for mental health reasons; and ensures that federal resources are directed at the criminals posing the greatest threat to our communities. The United States Attorney’s Office has prosecuted the case with support from the Project Guardian partners noted above. For more information about Project Guardian, please see: https://www.justice.gov/projectguardian.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 2:19-cr-00268.
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Wheeling Man Pleads Guilty to Conspiracy to Produce Child PornographyRead the Press Release
BLUEFIELD, W.Va. – A Wheeling man pled guilty today to conspiring with another person to produce child pornography, announced United States Attorney Mike Stuart. Randall Lee Peggs, 56, pled guilty to conspiracy to produce child pornography.
“These Project Safe Childhood cases are difficult but necessary,” said United States Attorney Mike Stuart. “We work closely with our partners in law enforcement to investigate and prosecute these cases. We will always hold child predators accountable.”
Peggs admitted that he began talking with codefendant Elizabeth Haway, of Princeton, on Facebook in November 2018. Over the course of several months, Peggs and Haway conspired to produce child pornography of a female minor child. The majority of their communications occurred on Facebook Messenger. Peggs encouraged Haway to record and send him nude videos of the female minor child. Ultimately, Haway recorded a video of the female minor child that showed the child nude and sent the video to Peggs via Facebook in February 2019.
Peggs faces a mandatory minimum of 15 years and up to 30 years in prison when sentenced on November 9, 2020. Haway is awaiting trial.
This case was investigated by the Mercer County Sheriff’s Department, the Federal Bureau of Investigation (FBI) and the FBI’s Violent Crimes Against Children Task Force. Senior United States District Judge David A. Faber presided over the hearing. Assistant United States Attorney Kristin F. Scott is handling the prosecution.
This case is being 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. 1:19-cr-00304.
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Project Safe Neighborhoods: Charleston Man Sentenced for Federal Gun CrimeRead the Press Release
CHARLESTON, W.Va. – A Charleston man was sentenced to federal prison for a gun crime, according to United States Attorney Mike Stuart. Harry Lee Nguyen, 24, was sentenced to 24 months in prison for being a felon in possession of a firearm.
On January 10, 2020, Nguyen pled guilty to being a felon in possession of a firearm based on his arrest by Charleston Police detectives on August 3, 2019. He admitted that he had a .40 caliber Smith & Wesson handgun in his possession and threw the gun into a yard of a residence on Charleston’s West Side. Nguyen has two prior felony convictions which prohibit him from having a weapon – one on February 1, 2016 for wanton endangerment with a firearm where he twice shot at a woman with a handgun and missed, and another on May 1, 2017 for malicious wounding where he punched and kicked a victim breaking the victim’s nose and ribs.
The Charleston Police Department investigated the case. United States District Judge Irene C. Berger imposed the sentence. Assistant United States Attorney Steven Loew handled the prosecution.
This case was prosecuted as part of the Project Safe Neighborhoods (PSN) program, the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally-based prevention and reentry programs for lasting reductions in crime.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 2:19-cr-00275.
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Project Guardian: Two Men Appear in Federal Court on Gun ChargesRead the Press Release
Two felons appeared in federal court this week for gun crimes, according to United States Attorney Mike Stuart.
Shad Michael Knight, 27, of Parkersburg, was sentenced to 60 months in prison for being a felon in possession of a firearm. Knight’s prison sentence will begin following the completion of a sentence that he currently is serving through Wood County Circuit Court, and will be followed by three years of supervised release. Knight previously admitted that on October 21, 2019, he was driving a blue Chevrolet Cruze when it was pulled over in the 1000 block of 29th Street in Parkersburg due to a busted tail light and Knight having a suspended driver’s license. During the traffic stop, a Parkersburg Police Department K-9 responded to the scene and provided a positive indication for the presence of controlled substances within the vehicle. The vehicle was then searched, and officers located a backpack behind the driver’s seat containing a 9mm pistol, two loaded magazines, two boxes of 9mm ammunition, several small plastic bags, and a small amount of methamphetamine. Knight admitted that the firearm was within his possession, that he had placed the firearm in the backpack prior to the traffic stop, and that he knew that he was not permitted to possess firearms under federal law. Knight had previously been convicted of possession of a controlled substance with intent to deliver in Wood County Circuit Court, and was still on parole for that offense when this incident occurred. The Parkersburg Narcotics Task Force, the Parkersburg Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives conducted the investigation. United States District Judge Irene C. Berger imposed the sentence. Assistant United States Attorney Jeremy B. Wolfe handled the prosecution.
Michael LeRose, 32, of Nitro, pled guilty to being a felon in possession of a firearm. LeRose admitted that on June 9, 2020, law enforcement officers executed a search warrant on his residence. Inside they recovered a .22 caliber rifle, a 5.56 mm caliber semi-automatic rifle, two 9mm handguns, two AM-15 rifle receivers, and a full auto conversion kit for a semi-automatic rifle. They also recovered assorted ammunition, a homemade silencer, marijuana and psychedelic mushrooms. A tactical vest also was found in a separate search of his car. LeRose acknowledged that his addiction to drugs prohibited him from possessing firearms, as he was a user of multiple illegal narcotics. He faces up to 10 years in prison when sentenced on October 27, 2020. The Federal Bureau of Investigation (FBI) and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) conducted the investigation. Senior United States District Judge John T. Copenhaver, Jr. presided over the plea hearing. Assistant United States Attorney L. Alexander Hamner is handling the prosecution.
These cases are part of Project Guardian, the Department of Justice’s signature initiative to reduce gun violence and enforce federal firearms laws. Initiated by the Attorney General in the fall of 2019, Project Guardian draws upon the department’s past successful programs to reduce gun violence; enhances coordination of federal, state, local, and tribal authorities in investigating and prosecuting gun crimes; improves information-sharing by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) when a prohibited individual attempts to purchase a firearm and is denied by the National Instant Criminal Background Check System (NICS), to include taking appropriate actions when a prospective purchaser is denied by the NICS for mental health reasons; and ensures that federal resources are directed at the criminals posing the greatest threat to our communities. The United States Attorney’s Office has prosecuted these cases with support from the Project Guardian partners noted above. For more information about Project Guardian, please see: https://www.justice.gov/projectguardian.
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. 2:20-cr-00007 (Knight) and Case No. 2:20-cr-00097 (LeRose).
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Kanawha County Woman Indicted for Fraud SchemeRead the Press Release
CHARLESTON, W.Va. -- United States Attorney Mike Stuart announced that a federal grand jury has indicted a Kanawha County woman in connection with an elaborate fraud scheme. A five-count indictment charged Holly Urlahs, also known as Holly Anderson, 32, of Elkview, with bank fraud, mail fraud, forging the signature of a judge and two counts of aggravated identity theft.
The indictment alleges that Urlahs falsely claimed to have sued Charleston Area Medical Center (CAMC) and was expecting a large financial settlement from her lawsuit. Under these false pretenses, she set out to defraud financial institutions and an insurance company. According to the indictment, as part of her fraudulent scheme, Urlahs altered a $100 cashier’s check to reflect an amount over $8.4 million. The indictment also alleges that Urlahs provided fake documents with forged signatures and a personal check for $1 million, although she knew she did not have sufficient funds in her account, to an insurance company to obtain an annuity contract. Urlahs’ check was returned for insufficient funds.
“The allegations contained in this indictment are very serious,” said United States Attorney Mike Stuart. “I commend the work of the investigators in this case – they were able to unravel the defendant’s elaborate fraud scheme.”
The investigation was conducted by the West Virginia State Police-Bureau of Criminal Investigations and the West Virginia Insurance Commissioner’s Special Investigations Division. Assistant United States Attorney Kathleen Robeson is handling the prosecution.
If convicted on all counts, Urlahs faces up to 55 years in prison.
Please Note: An indictment is merely an allegation and the defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
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Ohio Man Pleads Guilty to Sex Offense Involving MinorsRead the Press Release
HUNTINGTON, W.Va. – A Chesapeake, Ohio man pled guilty to a sex offense involving a minor, announced United States Attorney Mike Stuart. Mikel Bradley Smith, 19, pled guilty to traveling in interstate commerce to engage in sexual activity with a minor.
“Protecting children is a top priority in my office,” said United States Attorney Mike Stuart. “Crimes against children are inexcusable and child predators will be prosecuted to the fullest extent of the law.”
Smith admitted that on February 27, 2020, he responded to a Craigslist ad and engaged in a conversation with a person he believed to be a mother of two minors, ages 11 and 13. During the course of the conversation, Smith arranged to travel from Chesapeake, Ohio to Huntington to meet the woman in order to engage in sexual activity, including oral sex and sexual intercourse, with the two minor females. On February 28, 2020, Smith traveled to Huntington with condoms and small gifts for the two minors and met with the woman, at which time he was placed under arrest.
Smith faces up to 30 years in prison when sentenced on November 2, 2020. He also will be required to register as a sex offender following his release from prison.
The Federal Bureau of Investigation’s West Virginia Child Exploitation and Human Trafficking Task Force conducted the investigation. United States District Judge Robert C. Chambers presided over the hearing. Assistant United States Attorney Jennifer Rada Herrald is handling the prosecution.
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. 3:20-cr-00071.
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###Charleston Man Pleads Guilty to Three Federal Drug ChargesRead the Press Release
CHARLESTON, W.Va. – A Charleston man pled guilty today to federal charges related to three drug transactions, announced United States Attorney Mike Stuart. Levi Kennith Carter, 30, pled guilty to two counts of distribution of heroin, fentanyl and methamphetamine, and one count of distribution of methamphetamine.
“A three-time felon – two prior drug convictions and now again,” said United States Attorney Mike Stuart. “Carter’s two prior drug convictions didn’t help him see the error of his ways. Maybe this conviction will. Maybe not. Regardless, he’ll have plenty of time to consider his future.”
Carter admitted that on February 28, 2020 and March 3, 2020, he met with a confidential informant working with the Charleston Police Department at an apartment complex on Renaissance Circle in Charleston. On each occasion, he sold the informant a mixture of heroin, fentanyl and methamphetamine. Carter admitted that he again met with a confidential informant working with the Charleston Police Department on March 5, 2020, also at the same apartment complex, and sold the informant a quantity of methamphetamine. Each transaction was monitored by law enforcement officers.
Carter has two prior federal convictions from the Southern District of West Virginia for felony offenses tied to drug dealing activity. On October 12, 2010, he was convicted of aiding and abetting the possession with intent to deliver crack cocaine, and on October 2, 2015, he was convicted of distribution of heroin.
Carter faces up to 20 years in prison when sentenced on October 29, 2020.
The Charleston Police Department conducted the investigation. Senior United States District Judge John T. Copenhaver, Jr., presided over the hearing. Assistant United States Attorney Jeremy B. Wolfe is handling the prosecution.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 2:20-cr-00073.
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West Virginia Doctor Pleaded Guilty to Lying to the DEARead the Press Release
A West Virginia doctor has pleaded guilty to omitting material information as required as part of his controlled substance reporting requirements to the U.S. Drug Enforcement Administration (DEA).
Acting Assistant Attorney General Brian C. Rabbitt of the Justice Department’s Criminal Division, U.S. Attorney Mike Stuart of the Southern District of West Virginia, and Special Agent in Charge Special Agent in Charge J. Todd Scott of the DEA’s Louisville Division made the announcement.
Michael Shramowiat, M.D., 67, of Vienna, West Virginia, was charged in an information unsealed July 24, 2020, and pleaded guilty to one count of omitting material information from his controlled substance reporting, as required by his DEA registration, before U.S. District Judge Irene C. Berger of the Southern District of West Virginia. Sentencing has been scheduled for Dec. 2, 2020, before Judge Berger. As part of the plea, Shramowiat will have his medical license and DEA registration permanently revoked and forfeit $250,000 worth of cash and assets.
As part of his guilty plea, Shramowiat admitted that he failed to report to the DEA that he disposed of hydrocodone, a schedule II controlled substance, from his practice Mountaineer Pain Relief and Rehabilitation, in violation of his reporting duty pursuant to DEA regulations.
The DEA investigated the case. Assistant Chief Kilby Macfadden and Trial Attorney Andrew B. Barras of the Criminal Division’s Fraud Section are prosecuting the case.
The Fraud Section leads the ARPO Strike Force. Since its inception in October 2018, the ARPO Strike Force, which operates in 10 districts, has charged more than 70 defendants who are collectively responsible for distributing more than 50 million pills. Thus far there have been 29 guilty pleas as a result of ARPO Strike Force’s efforts. The Fraud Section leads the Medicare Fraud Strike Force. Since its inception in March 2007, the Medicare Fraud Strike Force, which maintains 15 strike forces operating in 24 districts, has charged more than 4,200 defendants who have collectively billed the Medicare program for approximately $19 billion. In addition, the Health and Human Services (HHS) Centers for Medicare & Medicaid Services, working in conjunction with the HHS-Office of Inspector General, are taking steps to increase accountability and decrease the presence of fraudulent providers.
Individuals who believe that they may be a victim in this case should visit the Fraud Section’s Victim Witness website for more information.
The year 2020 marks the 150th anniversary of the Department of Justice. Learn more about the history of our agency at www.Justice.gov/Celebrating150Years.
Tennessee Man Who Shot Charleston Police Officer Pleads Guilty to Federal Gun CrimeRead the Press Release
CHARLESTON, W.Va. – A Sevierville, Tennessee man pled guilty to a federal firearm charge today, announced United States Attorney Mike Stuart. Bryan Lee Ogle, II, 33, pled guilty to being a felon in possession of a firearm.
“Law enforcement officers risk their lives every day to keep the rest of us safe from dangerous individuals like Ogle,” said United States Attorney Mike Stuart. “We are fortunate that when Ogle shot the Charleston Police officer the bullet was deflected by the officer’s body camera. Assaults on police officers in my district will be prosecuted to the fullest extent of the law. This case is a great example of state and federal prosecutors working together to hold violent offenders accountable to the fullest extent of the law.”
Ogle admitted that he was driving a vehicle near Montgomery on February 8, 2018, when officers with the Montgomery Police Department attempted to perform a traffic stop on it. In response, the defendant pulled over momentarily but then began to flee at a high rate of speed. The pursuit reached speeds of approximately 110 mph in a residential and business area with a 35 mph speed limit. Eventually, the defendant lost control of the vehicle and struck a hillside on the side of the roadway. As officers attempted to open the driver’s side door and remove the defendant, he put the vehicle in reverse and attempted to back away. The vehicle then struck a utility pole and was immobilized. An officer then stood in front of the vehicle and gave the defendant commands to stop the vehicle. In response, the defendant attempted to rev the engine and move forward to strike the officer. After realizing that the vehicle would not move, the defendant exited the vehicle and attempted to flee on foot. He was caught by officers and a physical struggle ensued, with the defendant striking and biting the involved officers. The defendant also attempted to grab and remove one of the officer’s firearms during the struggle.
During the struggle, the defendant indicated that he possessed a firearm and attempted to reach for it. Once the defendant was secured in handcuffs, a loaded Smith and Wesson 9mm semi-automatic pistol was located in a holster on the defendant’s belt. Ogle admitted that he possessed the firearm knowing that he had previously been convicted of several felony offenses in Tennessee.
After Ogle’s arrest in Montgomery, he was taken to Charleston Area Medical Center (CAMC) General Division for medical treatment. While in custody at CAMC, Ogle attempted to escape from police, with the pursuit ending in a stairwell. When police officers attempted to place Ogle in custody, he knocked a Montgomery Police officer off of the stairs causing injuries to the officer. While the officer was down, Ogle gained control of his firearm and shot a Charleston Police officer. The bullet was deflected by the officer’s body worn camera. Ogle pled guilty in Kanawha County Circuit Court to attempted murder, escape, assault in the commission of a felony and battery and was sentenced to the maximum sentence of six to 30 years in state prison.
Ogle faces up to life in prison on the federal charge when sentenced on October 22, 2020.
The Montgomery Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) conducted the investigation. United States District Judge Joseph R. Goodwin presided over the hearing. Assistant United States Attorney Jeremy B. Wolfe is handling the prosecution.
This case is being prosecuted as part of the Project Safe Neighborhoods (PSN) program, the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 2:18-cr-00057.
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