Southern District of West Virginia
Press releases recorded for this federal judicial district.
U.S. Attorney's Office Commemorates 30th Anniversary of the Americans with Disabilities ActRead the Press Release
CHARLESTON, W.Va. – Today marks the 30th anniversary of the Americans with Disabilities Act (the ADA), a critical civil rights law that aims to eliminate discrimination against people with disabilities.
The U.S. Attorney’s Office for the Southern District of West Virginia is proud to play a critical role in the Justice Department’s enforcement efforts under the ADA, which was signed into law on July 26, 1990, and is the nation’s preeminent civil rights law for providing access and equal opportunity for people with disabilities.
“The ADA is a critical law that has helped ensure equal and fair treatment and opportunities for people with disabilities,” said United States Attorney Mike Stuart. “I am proud to have played a role in forging a landmark settlement with West Virginia to bring the state into compliance in its care for children with disabilities. My office will continue to fight for and protect the citizens of the Southern District of West Virginia.”
In recent years, the U.S. Attorney’s Office has investigated a number of ADA cases. This includes an investigation into West Virginia’s children’s mental health system in which a landmark settlement was reached. The investigation concluded that there was reasonable cause to believe the state had violated the ADA by unnecessarily institutionalizing children with serious emotional or behavioral disorders in residential treatment facilities instead of providing them in-home and community-based mental health services. An agreement was reached with the State of West Virginia in May 2019, through which the state agreed to expand and improve in-home and community-based mental health services throughout the state to better meet children’s needs. The services include mobile crisis services, case management, therapeutic foster care, in-home therapy, and assertive community treatment. The state also agreed to develop a plan to eliminate the unnecessary use of residential mental health treatment facilities for children whom the state could serve in the community.
The promise of the ADA is its wide-ranging efforts to eliminate disability discrimination across the range of services, programs, and activities that most Americans take for granted, but were largely inaccessible to individuals with disabilities prior to the law’s enactment. Whether in employment, areas of civic life, or in the day-to-day activities and access to goods and services that we all enjoy – the ADA ensures that individuals with disabilities enjoy the same opportunities as all Americans to participate in everything this nation has to offer.
Over the past 30 years, the United States has undertaken the challenge of changing perceptions about disability, tearing down barriers to equality, and altering the systems that have historically excluded people with disabilities. Today, the Justice Department commemorates the many ways that the ADA has transformed society—by replacing exclusion with access, segregation with integration, and limitations with self-determination.
For more information about the 30th Anniversary of the ADA, please visit www.ada.gov. To file a complaint with the Department, please visit the Civil Rights Division’s portal at https://civilrights.justice.gov/report/. For more information about the ADA, call the Department’s toll-free ADA Information Line at 800-514-0301 or 800-514-0383 (TTY).
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.
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Operation Shutdown Corner Update: Beckley Man 10th Defendant Sentenced for Federal Drug CrimesRead the Press Release
BECKLEY, W.Va. – The 10th defendant was sentenced for his participation in an extensive drug trafficking organization (DTO) operating between California and the Southern District of West Virginia, announced United States Attorney Mike Stuart. Corey Moore, 47, of Beckley, was sentenced to 60 months in prison, to be followed by three years of supervised release, for conspiring to distribute methamphetamine. Moore was one of 17 defendants charged as a result of a long-term, multi-state DTO investigation known as Operation Shutdown Corner.
“It is a priority of mine to break up the drug trafficking networks that are destroying our communities,” said United States Attorney Mike Stuart. “Operation Shutdown Corner was a huge success, taking down a multi-state meth pipeline and saving countless lives.”
At his plea hearing, Moore admitted that between June 2018 and September 17, 2019, he worked with other members of a DTO operating in Raleigh County to distribute methamphetamine. During that time period, Moore allowed packages containing methamphetamine to be delivered to his residence in Beckley. He then would receive directions from other members of the DTO as to who or where the package should be delivered. Moore followed those directives. In July of 2019, law enforcement officers determined that a package was delivered to Moore’s residence in Beckley. Officers conducting surveillance on Moore’s residence discovered that Moore delivered the package to another member of the DTO. Further investigation revealed that the package contained approximately five pounds of methamphetamine.
The investigation was handled 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.
Assistant United States Attorney Timothy D. Boggess handled the prosecution. United States District Judge Frank W. Volk imposed the sentence.
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-00227.
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Man Sentenced to Federal Prison for Sex Offense Involving a MinorRead the Press Release
BECKLEY, W.Va. – An Eagle Rock, Virginia man was sentenced today for a sex offense involving a minor, according to United States Attorney Mike Stuart. Joshua T. Haynes, 42, was sentenced to 10 years in prison, to be followed by 15 years of supervised release, for attempted sex trafficking of a minor. He also will be required to register as a sex offender.
“Child exploitation is a tragic pandemic around the world,” said United States Attorney Mike Stuart. “My office has prosecuted so many cases like this but every single one is unique and every single one is tragic by its own facts and circumstances. The mere idea that someone would attempt to knowingly purchase sex with a child, well, I’m not sure there are words that adequately describe the full nature of the crime. It is criminal on every conceivable level. Our kids - our precious kids - must be our priority and we must do everything in our power to protect them.”
Haynes previously admitted that between October 31, 2019 and November 2, 2019, he communicated with a man who stated he could provide a 14- or 15-year-old female to Haynes. Haynes agreed to pay the man money in exchange for sexual activity with the purported minor female. On November 2, 2019, Haynes met with the man in Sam Black Church and paid him the agreed upon sum in order to have sex with the minor, at which time Haynes was placed under arrest.
The investigation was conducted by the Federal Bureau of Investigation’s West Virginia Child Exploitation and Human Trafficking Task Force, which includes task force officers from the West Virginia State Police, the Kanawha County Sheriff’s Office and the Ashland (Kentucky) Police Department, with additional assistance from the Greenbrier County Sheriff’s Office. Assistant United States Attorney Jennifer Rada Herrald handled the prosecution. United States District Judge Frank W. Volk imposed the sentencing.
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. 5:19-cr-00292.
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Project Safe Neighborhoods: Two Felons Appear in Federal Court for Gun Crimes in CharlestonRead the Press Release
CHARLESTON, W.Va. – Two men appeared in federal court this week for gun crimes committed in Charleston, according to United States Attorney Mike Stuart.
Christopher Reed, 29, of Ashland, Kentucky, was sentenced to 15 months in prison for being a felon in possession of a firearm. His prison term will be followed by three years of supervised release. Reed previously admitted that on February 3, 2019, he was operating a vehicle in Charleston when law enforcement officers stopped the vehicle for a traffic violation. A passenger in the vehicle was determined to have an outstanding arrest warrant from Detroit, Michigan for disarming a police officer. Officers searched the vehicle and discovered Reed had a loaded Jimenez Arms J.A. 25 pistol in the console of his vehicle. Reed admitted that he possessed the firearm and that he was a convicted felon. He had previously been convicted in 2013 in Detroit, Michigan for carrying a concealed weapon and in 2014 in Cabell County Circuit Court for conspiracy to possess with the intent to distribute a controlled substance. The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and the Charleston Police Department conducted the investigation. Senior United States District Judge John T. Copenhaver, Jr. imposed the sentence. Assistant United States Attorney Julie White and former Assistant United States Attorney Ryan Saunders handled the prosecution.
Jordan Kinney, 23, of Charleston, pled guilty to being a felon in possession of a firearm. Kinney admitted that on June 14, 2019, he was present at the Go-Mart on Washington Street West in Charleston, and possessed a loaded Taurus 9mm caliber handgun, which he used to shoot approximately six times at another individual. He then fled the location and discarded the handgun in the front yard of a residence a few blocks away. The following day officers with the Charleston Police Department responded to the residence and recovered the same handgun. Kinney was not allowed to possess the firearm because he had previously been convicted of robbery in the second degree. Kinney faces up to 10 years in prison when sentenced on October 19, 2020. The Charleston Police Department 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 hearing. Assistant United States Attorney Nowles H. Heinrich is handling the prosecution.
These cases are 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-00108 (Reed) and Case No. 2:19-cr-00291 (Kinney).
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Project Guardian: Two Men Appear in Federal Court on Gun ChargesRead the Press Release
CHARLESTON, W.Va. – Two Project Guardian defendants appeared in federal court this week on gun charges, according to United States Attorney Mike Stuart.
Brashan Beverly, 32, of Dunbar, was sentenced to 37 months in prison for being a felon in possession of a firearm. Beverly previously admitted that on January 3, 2019, he possessed a SCCY, Model CPX-2, 9mm semi-automatic pistol in Tornado. At the time he possessed the firearm, he knew he was prohibited from possessing firearms because of a prior drug conviction. The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), the Kanawha County Sheriff’s Department and the Nitro Police Department conducted the investigation. United States District Judge Robert C. Chambers imposed the sentence. Assistant United States Attorney Joseph F. Adams and former Assistant United States Attorney Ryan A. Saunders handled the prosecution.
Patrick Napier, 48, of Logan County, pled guilty to being a felon in possession of a firearm. Napier admitted that a United States Probation Officer who was conducting a home inspection found that he had a High Point .40 caliber rifle in his bedroom. At the time, Napier was still on supervised release as a result of his conviction for a federal drug crime. Napier faces up to 10 years in prison and three years of supervised release when he is sentenced on October 13, 2020. The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) conducted the investigation. Senior United States District Judge David A. Faber presided over the hearing. Assistant United States Attorney Chris R. Arthur 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 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. 3:19-cr-00066 (Beverly) and Case No. 2:20-cr-00065 (Napier).
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Operation Mountaineer Highway Update: Fayette County Man 12th Defendant to be Sentenced for Federal Drug CrimeRead the Press Release
CHARLESTON, W.Va. – A Fayette County man was sentenced to federal prison for his participation in a drug trafficking operation in Fayette County, announced United States Attorney Mike Stuart. Bobby Mack, Jr., 40, was sentenced to 72 months in prison and four years of supervised release. Mack had previously entered a guilty plea to conspiracy to distribute more than 100 grams of heroin. He is the 12th defendant to be convicted and sentenced as a result of the extensive investigation into drug trafficking in the Fayette County area.
“Operation Mountaineer Highway was a hugely successful effort in keeping a smorgasbord of illegal drugs out of our central and southern West Virginia communities,” said United States Attorney Mike Stuart. “The operation took down dozens of dealers. Many lives were saved as a result of this operation. Awesome work by the incredible team that worked this matter.”
Mack previously admitted that he participated in the drug trafficking organization by supplying heroin to a co-conspirator. More specifically, Mack admitted that on July 16, 2018, he distributed 182 grams of heroin to the co-conspirator. After Mack distributed the heroin, the co-conspirator was stopped by law enforcement officers and admitted that he had obtained the heroin from Mack at Mack’s residence in Scarbro. Based on this information, officers obtained a search warrant for Mack’s residence. While conducting the search, officers located items commonly used in drug distribution, three firearms, and approximately $343,097 dollars in cash. As part of the plea agreement, Mack agreed to forfeit to the United States the firearms which he was prohibited from possessing due to a prior felony conviction, as well as the $343,097.
The investigation was conducted by the Drug Enforcement Administration (DEA) and the Central West Virginia Drug Task Force, with the support of the West Virginia State Police, the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), the Fayette County Sheriff’s Department, the Beckley/Raleigh County Drug Task Force, the Southern Regional Drug and Violent Crime Task Force, the Fayetteville Police Department and the Oak Hill Police Department. Assistant United States Attorneys Timothy D. Boggess and Andrew J. Tessman handled the prosecution. United States District Judge Joseph R. Goodwin imposed the sentence.
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-00200.
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Kanawha County Man Pleads Guilty to Federal Drug ChargeRead the Press Release
CHARLESTON, W.Va. – A Kanawha County man has pled guilty to a federal drug crime, according to United States Attorney Mike Stuart. Stephen Hayden, 51, pled guilty to cultivation of marijuana.
“This man seems to have had quite a green thumb and a big basement. He should have cultivated something legal like tomatoes or corn,” said United States Attorney Mike Stuart. “Tomatoes and corn are far easier and you can grow them outside and actually sell them. They are good for you too. Marijuana is and remains illegal under federal law. In my district, we prosecute cases involving all illegal drugs including marijuana.”
Hayden admitted that on April 9, 2018, law enforcement smelled the odor of marijuana coming from his residence. Based on the odor, the West Virginia State Police obtained a search warrant. In Hayden’s basement, officers discovered a room that contained fertilizer, grow lights, fans and other cultivation equipment. There were approximately 289 marijuana plants, in various stages of growth, with harvested marijuana hanging and drying in a closet.
Hayden faces up to five years in prison when he is sentenced on October 13, 2020.
The West Virginia State Police conducted 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.
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-0055.
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Huntington Man Pleads Guilty to Methamphetamine ChargeRead the Press Release
HUNTINGTON, W.Va. – A Huntington man has pled guilty to a federal drug crime, announced United States Attorney Mike Stuart. Joshua David Ramey, 29, pled guilty to possession with intent to distribute methamphetamine.
“Things just kept getting worse for Ramey – he ran out of gas, had no vehicle registration, no valid driver’s license…then officers discovered a trunk full of methamphetamine and a firearm. Reminds me of a blues song… ‘If it wasn’t for bad luck I wouldn’t have no luck at all,’” said United States Attorney Mike Stuart. “Living on the wrong side of the law eventually catches up with you. Not bad luck just bad decisions.”
Ramey admitted that on March 13, 2018, near mile marker 34 of I-64 westbound, he had been driving a vehicle which had run out of gas. A deputy with the Putnam County Sheriff’s Department stopped with the disabled vehicle and waited for a Courtesy Patrol to arrive for filling up the gas tank. Subsequent investigation determined that the vehicle had no registration and neither occupant of the vehicle, including Ramey who was the driver, had a valid driver’s license. A search of the vehicle’s trunk revealed a white shopping bag that contained four separate plastic baggies containing an approximate combined weight of 471.5 grams of methamphetamine, worth approximately $36,000 in street value. Also recovered from the trunk was a Mossburg .410 shotgun which belonged to Ramey.
Ramey faces up to 20 years in prison when sentenced on October 19, 2020.
The Putnam County Sheriff’s Department conducted the investigation. United States District Judge Robert C. Chambers presided over the hearing. Assistant United States Attorneys Ryan A. Keefe and Monica D. Coleman 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. 3:18-cr-00181.
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Detroit Man Pleads Guilty to Federal Drug CrimeRead the Press Release
CHARLESTON, W.Va. – A Detroit, Michigan man pled guilty to a drug crime, announced United States Attorney Mike Stuart. William Anthony Sparks, 32, pled guilty to possession with intent to distribute a quantity of heroin.
“Detroit drug dealers keep coming into our district, and we keep catching and prosecuting them,” said United States Attorney Mike Stuart. “To all you out of state drug dealers, I’ll give you few tips. Stay out of my district. Stop selling drugs. And stay out of prison. Pretty easy.”
Sparks admitted that on April 25, 2019, Jackson County Sheriff’s Office deputies stopped a car in which he was a passenger and recovered over 40 grams of a controlled substance he possessed with intent to distribute.
Sparks faces up to 20 years in prison when sentenced on October 13, 2020.
The Drug Enforcement Administration (DEA) and the Jackson County Sheriff’s Office conducted the investigation. Senior United States District Judge David A. Faber presided over the hearing. Former Assistant United States Attorney Drew Inman and Assistant United States Attorney Negar M. Kordestani are handling the prosecution.
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Cross Lanes Man Pleads Guilty to Two Federal Drug Trafficking CrimesRead the Press Release
CHARLESTON, W.Va. – A Cross Lanes man pled guilty to two federal drug trafficking crimes, announced United States Attorney Mike Stuart. Joseph Lee Harper, 35, pled guilty to possession with the intent to distribute fentanyl and distribution of fentanyl.
“The lives of many West Virginians have been lost to fentanyl overdose,” said United States Attorney Mike Stuart. “By getting fentanyl dealers and their poisons off the street, many lives are saved and the harm done to our communities is greatly reduced.”
Harper admitted that on June 10, 2019, he sold over four grams of fentanyl to a confidential informant in return for $700. The sale occurred at the Speedway in Cross Lanes. Harper also admitted that on June 12, 2019, he had approximately 26 grams of fentanyl concealed behind an air duct in his Cross Lanes residence. Officers executing a search warrant located the fentanyl when they searched Harper’s residence. Inside Harper’s residence, officers also located the United States currency tied to the earlier controlled drug sale conducted by Harper.
Harper faces up to 20 years in prison when sentenced on October 13, 2020.
The Metropolitan Drug Enforcement Network Team (MDENT) conducted the investigation. Senior United States District Judge David A. Faber presided over the hearing. Assistant United States Attorney Kristin F. Scott 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-00300.
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Federal Jury Finds Former Detroit Man Guilty of Drug OffensesRead the Press Release
CHARLESTON, W.Va. – A Charleston man, formerly of Detroit, Michigan, was found guilty on all counts - three felony drug offenses - by a jury of his peers today, announced United States Attorney Mike Stuart. Ralph Weathington, Jr., 28, was found guilty of distribution of methamphetamine, distribution of fentanyl, and possession with the intent to distribute cocaine, fentanyl, and more than 50 grams of methamphetamine.
“Guilty on each and every count. Another former Detroit drug dealer is headed to prison. Weathington was dealing a smorgasbord of dangerous and deadly drugs - drugs that have wreaked havoc, chaos and death on our communities,” said United States Attorney Mike Stuart. “We are pleased that as a result of today’s verdict, the people of the city of Charleston and the people of West Virginia are significantly safer. I applaud the work of the investigators and my entire team for a job well done.”
Evidence presented to the jury established that on January 22, 2018, the defendant met with a confidential informant working with the Kanawha County Sheriff’s Office and the Drug Enforcement Administration (DEA) in Charleston and sold the informant approximately two ounces of methamphetamine. Later, on January 30, 2018, the defendant again met with a confidential informant on the West Side of Charleston and sold the informant approximately 3.5 grams of fentanyl. Finally, on May 22, 2019, the defendant was present at an apartment in Charleston when officers with the United States Marshals Service and the Kanawha County Sheriff’s Office discovered him holding a gray article of clothing that appeared to be wrapped around another object. The defendant was standing next to an open window as he held this object, and he threw it out the window when ordered by an officer to show his hands. An officer with the Charleston Police Department observed several objects falling from the window to the ground, and moved to secure the evidence which was found to be approximately 111 grams of methamphetamine, 18 grams of fentanyl, 27 grams of cocaine, United States currency, a silver weight used to calibrate a digital scale, a small shoebox and a gray sweatshirt. An officer with the Metropolitan Drug Enforcement Network Team (MDENT) arrived on scene and collected the drug-related evidence. Then, with the assistance of other officers, the apartment was searched and 18 additional grams of fentanyl were located along with a semi-automatic pistol, two digital scales and additional United States currency.
Weathington faces up to life in prison when sentenced on October 15, 2020.
The Drug Enforcement Agency (DEA), the Kanawha County Sheriff’s Office, the Charleston Police Department, the United States Marshals Service, and the Metropolitan Drug Enforcement Network Team (MDENT) conducted the investigation. Senior United States District Judge John T. Copenhaver, Jr., presided over the trial. Assistant United States Attorneys Jeremy B. Wolfe and Monica D. Coleman handled the prosecution.
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Ohio Man Pleads Guilty to Drug ChargeRead the Press Release
CHARLESTON, W.Va. – A Cleveland, Ohio man has pled guilty to a drug crime, according to United States Attorney Mike Stuart. Troskey Banks, 23, pled guilty to possession with intent to distribute fentanyl and methamphetamine.
“Drug peddlers are not welcome here, as this defendant and his friend discovered and as hundreds of other defendants have discovered,” said United States Attorney Mike Stuart. “I am committed to keeping our communities safe. A big part of keeping communities safe is done through cooperative efforts with law enforcement to rid our streets of the poison and its peddlers.”
Banks admitted that in January 2020, he directed Clay Dempsey to drive to Cleveland, Ohio, to obtain controlled substances for Banks to distribute. Banks told Dempsey to park the van containing the drugs at a location in South Charleston upon his return so Banks could retrieve the drugs. When law enforcement officers searched the van, they recovered a bag of suspected fentanyl weighing approximately 105.2 grams, which field-tested positive for the presence of fentanyl, and a bag of suspected methamphetamine weighing 118.7 grams, which field-tested positive for the presence of methamphetamine.
Banks faces up to 20 years in prison when he is sentenced on November 18, 2020. Dempsey, who pled guilty last month to possession with intent to distribute a quantity of fentanyl, also faces up to 20 years in prison when he is sentenced on October 28, 2020.
The Metropolitan Drug Enforcement Network Team (MDENT) and the South Charleston Police Department conducted the investigation. United States District Judge Irene C. Berger presided over the hearing. Assistant United States Attorney Monica Coleman 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-00035.
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Logan Woman Pleads Guilty to Embezzling More than $200,000 from Credit UnionRead the Press Release
CHARLESTON, W.Va. – A Logan woman pled guilty to misappropriating funds from the Pioneer West Virginia Federal Credit Union, announced United States Attorney Mike Stuart. Dianne Richardson, 69, pled guilty to embezzling $222,000.
“Egregious – Richardson stole $222,000 in cash. For well over five years she was working as a bank teller and a thief,” said United States Attorney Mike Stuart. “We prosecute cases like this to the fullest extent of the law and seek full restitution for victims. Great work by the United States Secret Service and the South Charleston Police Department.”
Richardson, an employee of Pioneer West Virginia Federal Credit Union in South Charleston, admitted that starting in September 2013 through February 2019, while working as a teller, she stole money from the credit union. She admitted she made false entries in the Pioneer records to make the cash totals reconcile when in fact, they did not.
Richardson faces up to 30 years in prison when she is sentenced on October 15, 2020. She also is responsible for paying restitution for the monies she embezzled.
The United States Secret Service and the South Charleston Police Department conducted the investigation. United States District Judge Joseph R. Goodwin presided over the hearing. Assistant United States Attorney Chris R. Arthur 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-00025.
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Project Guardian Update: Two Men Sentenced in Federal CourtRead the Press Release
CHARLESTON, W.Va. – Two Project Guardian defendants were sentenced this week in federal court, according to United States Attorney Mike Stuart.
Ronald Hambleton, 29, of Charleston, was sentenced to 68 months in prison for possession with intent to distribute cocaine and possession of a firearm in furtherance of a drug trafficking crime. He also will serve three years on supervised release. On July 18, 2019, South Charleston police stopped a speeding car in which Hambleton was a passenger. During the stop, Hambleton was found to be in possession of, with intent to distribute, nearly half an ounce of cocaine, as well as some marijuana and digital scales. Police also recovered a loaded Ruger LCP .380 caliber firearm in the car’s center console. Hambleton claimed ownership of the drugs, drug paraphernalia and loaded firearm on scene. The South Charleston Police Department conducted the investigation. Former Assistant United States Attorney Stefan Hasselblad and Assistant United States Attorney Negar M. Kordestani handled the prosecution.
James Owen Adkins, 40, of Lincoln County, was sentenced to 18 months in prison for being a felon in possession of a firearm. He also was ordered to complete two years of supervised release. A federal jury sitting in Charleston convicted Adkins on February 5, 2020, of illegally possessing a Springfield XD 9mm pistol in St. Albans while being a convicted felon. The jury found that on June 4, 2019, Adkins removed a Springfield XD 9mm pistol from a truck that drove away from St. Albans police officers during an attempted a traffic stop. Adkins took the pistol from the truck, climbed out and ran off through a residential neighborhood as police pursued him on foot with a K-9. Prior to being apprehended by police, Adkins discarded the firearm under a shrub next to a residence where young children resided. Police officers recovered the firearm at the scene. Adkins admitted in an interview with officers that he was a felon, that he ran from police with the firearm, and that he discarded it. The St. Albans Police Department conducted the investigation. Assistant United States Attorneys Kristin F. Scott and Steven I. Loew handled the prosecution and tried the case before the federal jury.
United States District Judge Joseph R. Goodwin imposed the sentences.
The cases were 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 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. 2:19-CR-00242 (Hambleton) and Case No. 2:19-CR-00226 (Adkins).
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Kentucky Woman Pleads Guilty in $4 Million Warranty Fraud SchemeRead the Press Release
CHARLESTON, W.Va. – Tammy Newsome, 54, of Ashland, Kentucky, entered a guilty plea to mail fraud for her role in a scheme to defraud Toyota of more than $4.3 million, announced United States Attorney Mike Stuart. Newsome joins three other individuals who previously entered guilty pleas for their roles in the fraud scheme.
Newsome faces up to 20 years in prison when she is sentenced on October 15, 2020, and will be required to pay restitution of up to $4.3 million to Toyota.
“Newsome played a critical role in perpetrating this $4 million fraud scheme,” said United States Attorney Mike Stuart. “I commend the great investigative work of the U.S. Postal Inspection Service, the FBI, the W.V. State Police, and the W.V. Insurance Commissioner. Toyota may have suffered the loss but, ultimately, it’s consumers who really pay. These fraud schemes rip off every consumer. That’s why we work so hard to hold those responsible accountable.”
Newsome was employed as an administrative assistant for a Kentucky used car dealership, Big Blue Motor Sales, which bought trucks at wholesale prices at auction, obtained hundreds of copies of Kentucky and West Virginia residents’ driver’s licenses, fraudulently titled the trucks in the name of those residents, and induced Toyota to repurchase the trucks at 150% of value.
The scheme relied on Newsome to make false representations to the Department of Motor Vehicles to obtain false vehicle titles in the names of false owners. The titles obtained by Newsome were then used by other scheme participants to induce Toyota to repurchase the vehicles. Newsome admitted that she made false representations to the DMV, delivered cash bribes to other scheme participants, and forged signatures of false owners so that checks issued by Toyota in the name of a false owner could be deposited into Big Blue Motor Sales’ bank account.
The United States Postal Inspection Service, the Federal Bureau of Investigation, the West Virginia State Police and the West Virginia Office of the Insurance Commissioner conducted the investigation. United States District Judge Joseph R. Goodwin presided over the hearing. Former Assistant United States Attorney Stefan Hasselblad and Assistant United States Attorneys Andrew J. Tessman and Steven I. Loew 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. 2:19-CR-00250.
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United States Attorney Mike Stuart Issues Statement Regarding Violence Against Law EnforcementRead the Press Release
CHARLESTON, W.Va. – United States Attorney Mike Stuart issued the following statement regarding violence against law enforcement.
“Sadly, our law enforcement officers and police have become the target of terrible attacks. Two nights ago in McAllen, Texas, two police officers were fatally shot while responding to a domestic disturbance. Yesterday, in Bothell, Washington, two police officers were shot, one fatally, after a brief traffic pursuit.
The daily assault on law enforcement and the police has to stop. This is not ‘open season’ to attack and condemn the good people of law enforcement. It is absolutely outrageous what is happening across the nation. I cannot imagine the stress and anxiety of being a police officer today. Can you imagine the stress and anxiety not only on the officers but the moms, dads, husbands, wives and children of these public heroes who worry every moment that their loved one may not come home from simply doing their duty and doing their job? This ‘attack our cops’ mentality must end. It must end now. Our law enforcement officers deserve our respect and admiration not our condemnation.
This U.S. Attorney ‘Backs the Blue.’ I make no apologies for it. God Bless and protect each of these Guardians of Justice as they serve nobly each day to protect each of us.”
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Putnam County Man Indicted in Connection with Making Serious Threats of Violence Against Police Officers on SnapchatRead the Press Release
HUNTINGTON, W.Va. – A Putnam County man was indicted today by a federal grand jury sitting in Huntington for making threats of violence against law enforcement officers on social media, announced United States Attorney Mike Stuart. The one count indictment charges Silas Thornton King, 18, of Hurricane, with interstate communications containing a threat to injure the person of another.
The indictment alleges that on June 28, 2020, King posted threats to injure law enforcement on Snapchat, a social media platform. King was previously arrested on a federal criminal complaint which alleged that he posted a Snapchat video of himself as he verbally threatened serious physical violence against officers of the Milton Police Department.
“Today’s indictment of King is a testament to my sincere commitment to do everything in my power to protect and defend those in law enforcement - our Guardians of Justice - who serve bravely, selflessly, and courageously in defense of all our citizens. Threats of physical violence against law enforcement officers are abhorrent and something I will never tolerate,” said United States Attorney Mike Stuart.
"The FBI takes all threats seriously," said FBI Pittsburgh Special Agent in Charge Mike Christman. "We work very closely with our state and local partners when these types of threats come in. We want everyone to know posting anything of a threatening nature on social media will be taken seriously and it will be investigated."
If convicted, King faces up to five years in federal prison.
The investigation was conducted by the Federal Bureau of Investigation (FBI), the West Virginia State Police, the Milton Police Department and the Hurricane Police Department. Assistant United States Attorney Courtney Cremeans is handling the prosecution.
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.
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. The indictment and related court documents and information can be found on PACER by searching for Case No. 3:20-CR-00111.
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Wood County Man Pleads Guilty to Embezzling from Labor UnionRead the Press Release
CHARLESTON, W.Va. – A Wood County man pled guilty today to a charge of embezzling from a union, announced United States Attorney Mike Stuart. Rick Drain, 56, of Vienna, pled guilty to one count of embezzling from a labor union.
“You can’t make up story lines like this - a man named Drain draining the union of its hard earned money solely for personal greed,” said United States Attorney Mike Stuart. “These union members deserved far better. These terrible acts of greed happen far too often.”
Drain faces up to five years in prison when sentenced on October 15, 2020.
Drain was the business manager of a local union and used his position to defraud the union. Law enforcement learned that Drain had defrauded the union of approximately $50,000 by collecting dues and other fees from union members and keeping the money for himself, not depositing it into the union’s bank account. The Department of Labor, through its Office of Labor Management Standards, conducted the investigation. United States District Judge Joseph R. Goodwin presided over the plea hearing. Assistant United States Attorney Kathleen Robeson is handling the prosecution.
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Wirt County Woman Pleads Guilty to Bank FraudRead the Press Release
CHARLESTON, W.Va. – A Wirt County woman pled guilty to a bank fraud charge today, announced United States Attorney Mike Stuart. Melissa Evans, 49, of Palestine, pled guilty to one count of bank fraud.
“Aren’t we all taught not to take things that don’t belong to us? Ms. Evans took her employer’s insurance checks like they were here own personal paychecks,” said United States Attorney Mike Stuart.
Evans worked as the financial coordinator for a dental practice in Parkersburg. Over the course of four years, Evans stole checks mailed to the dental practice from insurance groups and fraudulently deposited the stolen checks into her bank account, instead of the dental practice’s bank account. Throughout her scheme, Evans fraudulently appropriated more than 300 checks and embezzled more than $120,000.
She faces up to 30 years in prison when sentenced on November 18, 2020.
The United States Secret Service and the Parkersburg Police Department conducted the investigation. United States District Judge Irene Berger presided over the plea hearing. Assistant United States Attorney Kathleen Robeson is handling the prosecution.
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Operation Shutdown Corner: Nine Defendants Appear in Federal Court on Drug ChargesRead the Press Release
BECKLEY, W.Va. – Eight defendants were sentenced to federal prison and one defendant pled guilty this week for participating in a drug trafficking organization (DTO) operating between California and Raleigh County, announced United States Attorney Mike Stuart.
“As a result of Operation Shutdown Corner, 17 federal defendants now stand convicted and West Virginia families and communities are safer today,” said United States Attorney Mike Stuart. “I commend our law enforcement partners at the federal, state and local levels for their tremendous work.”
Jason Pafford, 38, of Beckley, was sentenced to 151 months in prison, to be followed by five years of supervised release, for conspiring to distribute 500 grams or more of methamphetamine and more than 100 grams of heroin. During a previous plea hearing, it was established that he participated in the DTO between June 2018 and September 17, 2019. Also at the previous hearing, it was established that during the course of the operations of the drug trafficking network, Pafford was supplied by other members of the DTO with approximately five pounds of methamphetamine that he redistributed in the Southern District of West Virginia. During this same time period, Pafford also was supplied with more than 100 grams of heroin that was redistributed in Raleigh County. During the course of the conspiracy, law enforcement officers, with the assistance of a confidential informant, were able to conduct at least two controlled drug buys from Pafford.
Nick Attilli, 38, of Beaver, was sentenced to 97 months in prison, to be followed by four years of supervised release, for conspiring to distribute 50 grams or more of a substance containing methamphetamine and a quantity of heroin. Attilli previously admitted that between June 2018 and September 17, 2019, he worked with other members of the DTO to distribute methamphetamine and heroin, and that during this time period he was supplied with methamphetamine and heroin from other members of the DTO. Attilli also admitted that he had telephone conversations that were intercepted by law enforcement and that it was clear the conversations involved drug activity. He further admitted that at times he was fronted with drugs, meaning the drugs were provided without making full payment for them, and then he would sell the drugs and with the proceeds pay back his suppliers.
Jonathon Zakresky, 35, of Beckley, was sentenced to 87 months in prison, to be followed by three years of supervised release, for conspiring to distribute 500 grams or more of a substance containing methamphetamine and more than 100 grams of heroin. Zakresky previously admitted that between June 2018 and September 17, 2019, he worked with other members of the DTO to distribute methamphetamine and heroin. During this time period, Zakresky admitted to obtaining approximately 11 pounds of methamphetamine and more than 100 grams of heroin for the purpose of redistributing the drugs in and around Raleigh County. He also admitted to supplying other members of the DTO with the drugs and to storing the drugs at or near his residence. Zakresky also admitted to assisting other members of the DTO in collecting money owed for the drugs that were being distributed, and to identifying delivery locations in West Virginia for the drugs from California. As part of his plea agreement, Zakresky agreed to abandon 14 firearms that were located at his residence at the time of his arrest on September 18, 2019. He knew that he was prohibited from possessing the firearms because he was a convicted felon.
Shaneka Black, 41, a California woman living in Princeton, was sentenced to 70 months in prison, to be followed by three years of supervised release, for conspiring to distribute a quantity of methamphetamine. Black previously admitted that between June 2018 and September 17, 2019, she participated in the drug trafficking network by assisting other members in collecting money owed for the drugs that were being distributed. Black also admitted to assisting another member of the DTO, who she knew was a convicted felon, in obtaining a firearm. Finally, Black admitted that in or around September 2019, she arranged for a package to be delivered to West Virginia from California that contained approximately two pounds of methamphetamine. She indicated that she knew the drugs were intended to be redistributed in the Southern District of West Virginia.
Timmy Lawson, 40, of Beckley, was sentenced to 30 months in prison, to be followed by three years of supervised release. He previously pled guilty to conspiracy to distribute 50 grams or more of a substance containing methamphetamine and a quantity of heroin. Lawson previously admitted that between June 2018 and September 17, 2019, he participated in the DTO by working with other organization members to distribute methamphetamine and heroin within the Southern District of West Virginia. During this time period, Lawson admitted to obtaining more than 50 grams of methamphetamine and a quantity of heroin from various suppliers within the drug trafficking network that he intended to redistribute and did redistribute.
Patricia Greer, 46, of Beckley, was sentenced to 27 months in prison, to be followed by three years of supervised release, for conspiring to distribute a quantity of methamphetamine and a quantity of heroin. Greer obtained methamphetamine and heroin from another member of the DTO and intended to redistribute it in and around Beckley. Between April 2019 and the time of her arrest on September 18, 2019, Greer distributed approximately two to three ounces of methamphetamine, and a small amount of heroin, a month.
Marika Davis, 38, of Bluefield, was sentenced to 21 months in prison, to be followed by three years of supervised release, for conspiring to distribute a quantity of methamphetamine. Davis previously admitted that between February 2019 and August 9, 2019, she participated in the DTO by allowing drugs to be shipped to her home address at the request of other members of the DTO. Davis admitted that she was paid to have packages delivered to her house. She also admitted that on August 9, 2019, she was transporting a package that had been delivered to her house in Bluefield and was delivering it to another member of the DTO in Beckley. She further admitted that after picking up the other member of the DTO, a police officer pulled her over for a traffic violation. During the traffic stop, officers found the package she was delivering and discovered that it contained approximately two pounds of methamphetamine. Through additional investigation, law enforcement officers were able to determine the package had been sent from California.
Timmy Lawson II, 19, of Beckley, was sentenced to 20 months in prison, followed by three years of supervised release. He previously pled guilty to conspiracy to distribute 50 grams or more of a substance containing methamphetamine and a quantity of heroin. He admitted that between June 2018 and September 17, 2019, he participated in the DTO by distributing more than 50 grams of methamphetamine and a quantity of heroin. At his plea hearing, Lawson II admitted that each week during a two-month period he obtained between one-quarter ounce to one-half ounce of methamphetamine and a quantity of heroin from other members of the DTO. He admitted that he then redistributed those drugs within the Southern District of West Virginia. He also admitted that at times the drugs were fronted to him, and that he would pay his supplier after the drugs were sold.
Victoria Hamilton, 35, of Beckley, entered a guilty plea for conspiracy to distribute more than 50 grams of methamphetamine and a quantity of heroin. Hamilton admitted that between June 2018 and September 17, 2019, she worked with other members of the DTO to distribute methamphetamine and heroin. During this time period, Hamilton admitted to receiving quantities of methamphetamine and heroin from other members of the DTO. She further admitted that the other members knew it was her plan and purpose to redistribute these drugs in the Southern District of West Virginia. More specifically, she admitted that during this time period, law enforcement agents intercepted telephone conversations and text messages involving drug activity between her and other members of the DTO. These conversations revealed that the defendant was obtaining drugs in quantities from a few grams to approximately one-half ounce at a time. These conversations also revealed it was her plan to redistribute these controlled substances to others in Raleigh County. Hamilton faces a mandatory minimum sentence of five years and up to 40 years in federal prison, and a fine of up to $5 million when she is sentenced on October 23, 2020.
The investigations were handled 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. Assistant United States Attorneys Timothy D. Boggess and Andrew Tessman handled the prosecutions. United States District Judge Frank W. Volk imposed the sentences and presided over the plea hearing.
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Greenbrier County Man Pleads Guilty to Attempted Sex Trafficking of a MinorRead the Press Release
BECKLEY, W.Va. – A Rainelle man pled guilty today to a sex offense involving a minor, announced United States Attorney Mike Stuart. Michael Darnell Ramsey, 47, pled guilty to attempted sex trafficking of a minor.
“These are heinous crimes,” said United States Attorney Mike Stuart. “We are working closely with our law enforcement partners to hold offenders accountable and bring justice to victims. If you are preying on West Virginia’s most vulnerable – we’re coming for you.”
Ramsey admitted that he was communicating via Snapchat with a person he believed to be a 14-year-old minor that he had previously met in person. During these conversations, Ramsey offered to pay the 14-year-old $200 to engage in two sexual acts. On April 3, 2020, Ramsey traveled to a meeting location in Greenbrier County to meet the minor to engage in the commercial sex acts, at which time he was placed under arrest.
Ramsey faces at least 10 years and up to life in prison when sentenced on October 23, 2020. He also will be required to register as a sex offender following his release from prison.
The West Virginia State Police, the Greenbrier County Sheriff’s Department and the Federal Bureau of Investigation’s West Virginia Child Exploitation and Human Trafficking Task Force conducted the investigation. United States District Judge Frank W. Volk presided over the hearing. Assistant United States Attorney Jennifer Rada Herrald is handling 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.
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Whitesville Man Sentenced to More Than 12 Years in Federal Prison for Second Child Pornography Offense and Firearm ChargeRead the Press Release
CHARLESTON, W.Va. – A Whitesville man was sentenced to federal prison for his second child pornography offense and possessing a firearm despite being a convicted felon, announced United States Attorney Mike Stuart. Daniel Runion was sentenced to 12 and a half years in prison for possession of child pornography and being a felon in possession of a firearm. The court also ordered Runion to pay $10,000 to an identified child victim in the child pornography case. Runion also was placed on 20 years of supervised release because he committed these new offenses while on supervised release stemming from a 2012 conviction of receipt of child pornography.
“Some people are just lifetime criminals. This case is sickening. Even after serving time, and while on supervised release, Mr. Runion continued in his terrible ways,” said United States Attorney Mike Stuart. “Cases like this are painful, but my office prosecutes those who exploit children.”
Runion previously admitted that he possessed child pornography on his smartphone while in Marmet. The image showed a minor female performing oral sex on an adult male. In connection with that activity, Runion also admitted that he sent a video of child pornography over Facebook to another user of the social media website.
Runion also previously admitted that despite being a convicted felon, he possessed a Smith and Wesson .38 caliber Special Airweight Revolver, which he kept in his Whitesville residence. Runion committed both new offenses within a year of being released from prison after serving a 97-month sentence and was serving a 15-year term of supervised release.
The West Virginia State Police and Homeland Security Investigations (HSI) conducted the investigation. Senior United States District Judge John T. Copenhaver, Jr. imposed the sentence. Assistant United States Attorney Kristin F. Scott 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.
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Project Guardian Update: Two Felons Appear in Federal Court on Gun ChargesRead the Press Release
CHARLESTON, W.Va. – Two Charleston men appeared in federal court this week on gun charges, according to United States Attorney Mike Stuart.
Kali Eusi Young, 42, was sentenced to eight years in prison, followed by three years of supervised release, for being a felon in possession of a firearm. Young previously admitted that that on December 16, 2019, he was riding as the backseat passenger in a vehicle that was stopped by law enforcement officers in South Charleston. Officers discovered during the course of the traffic stop that Young was in possession of a loaded 9mm semi-automatic pistol along with a stash of controlled substances. Young admitted that he was in possession of the firearm and that he knew he was prohibited from possessing firearms due to a previous felon in possession of a firearm conviction in the Southern District of Ohio. The Metropolitan Drug Enforcement Network Team (MDENT) conducted the investigation. Senior United States District Judge John T. Copenhaver, Jr. imposed the sentence. Assistant United States Attorney Negar M. Kordestani handled the prosecution.
Jymere Alan Pratt, 22, pled guilty to being a felon in possession of a firearm. Pratt admitted that he possessed a Smith and Wesson M&P Shield 9mm pistol in the early morning hours of May 24, 2019, near the intersection of Tennessee Avenue and Randolph Street on Charleston’s West Side. Law enforcement responded to the location after learning that a vehicle was parked across the sidewalk and into the bushes of a nearby business with all of the occupants unconscious. Once officers arrived, they were able to observe Pratt, the driver, wearing a bag with a shoulder strap which he placed in the back seat prior to exiting the vehicle. Officers later searched the vehicle, finding a pistol and several rounds of ammunition inside the bag. Pratt was prohibited by law from possessing firearms due to a previous conviction for robbery in the second degree in Monongalia County Circuit Court on August 14, 2017. Pratt was still on probation from that conviction when this incident occurred. Pratt faces up to 10 years in prison when sentenced on November 10, 2020. The Charleston Police Department conducted the investigation with the assistance of the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF). United States District Judge Irene Berger presided over the hearing. Assistant United States Attorney Jeremy B. Wolfe 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.
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Detroit Man Pleads Guilty to Possessing Heroin with Intent to DistributeRead the Press Release
CHARLESTON, W.Va. – A Detroit man pled guilty to a federal drug charge, announced United States Attorney Mike Stuart. Darnell Smith, 26, pled guilty to possession with intent to distribute heroin.
“Another Detroit drug dealer at the center of violence in Charleston,” said United States Attorney Mike Stuart. “My office’s unprecedented efforts are making our streets and families safer. I hold out-of-state dealers like Smith accountable every single day.”
Smith admitted that on September 12, 2016, law enforcement officers found him in possession of 20 individually packaged bags of heroin when he entered a hospital after being shot in the head. Smith admitted that he intended to sell the drugs for money. He faces up to 20 years in prison when he is sentenced on October 3, 2020.
The case was investigated by the Charleston Police Department. Assistant United States Attorney Chris Arthur is handling the prosecution. United States District Judge Joseph R. Goodwin presided over the plea hearing.
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Detroit Man Pleads Guilty to Possessing Heroin and Oxycodone with Intent to DistributeRead the Press Release
CHARLESTON, W.Va. – A Detroit man pled guilty to a federal drug charge today, announced United States Attorney Mike Stuart. Carlton Carter, 27, pled guilty to possession with intent to distribute heroin and oxycodone.
“We are stopping the flow of drugs coming from out-of-state poison peddlers into our communities,” said United States Attorney Mike Stuart. “The Detroit drug dealers who come into my district are prosecuted vigorously and aggressively to the fullest extent of the law.”
Carter admitted that on July 10, 2019, law enforcement officers from the Metropolitan Drug Enforcement Network Team (MDENT) found him in possession of approximately 30 grams of heroin and 114 oxycodone 30 mg pills after they stopped a vehicle in which he was a passenger in Charleston. Carter admitted he possessed the drugs with intent to distribute them.
Carter faces up to 20 years in prison when he is sentenced on October 13, 2020.
MDENT conducted the investigation. United States District Judge Joseph R. Goodwin presided over the plea hearing. Assistant United States Attorney Negar M. Kordestani is handling the prosecution.
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Charleston Man Pleads Guilty to Methamphetamine and Firearm ChargesRead the Press Release
CHARLESTON, W.Va. – A Charleston man pled guilty today to federal charges related to the trafficking of methamphetamine and the possession of a firearm, announced United States Attorney Mike Stuart. Rahmell Rashaad Thomas, 31, pled guilty to distribution of methamphetamine, possession with intent to distribute methamphetamine, and being a felon in possession of a firearm.
“Convicted felon. Gun. Trafficking a significant amount of meth in the Charleston area,” said United States Attorney Mike Stuart. “With each and every case like this we prosecute, we make our communities safer. And, trust me, our communities are far, far safer than the day I took the oath of office.”
Thomas admitted that he sold approximately four ounces of methamphetamine to a confidential informant from his residence in Charleston on March 5, 2020. Shortly after that transaction, law enforcement officers obtained a search warrant for the same residence and conducted a search. Approximately 341 additional grams of methamphetamine were located inside along with a Lorcin .380 semi-automatic pistol and United States currency. Thomas later admitted to possessing those items and to selling methamphetamine in the Charleston area for at least three months prior to his arrest. Thomas further admitted that he would obtain methamphetamine in one pound increments from a source in Morgantown which he would then bring back to Charleston to sell. At the time of this incident, Thomas was a convicted felon due to a conviction for attempted assault in the second degree in New York.
Thomas faces up to 50 years in prison when sentenced on November 10, 2020.
The Charleston Police Department, along with the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) and the United States Marshals Service, conducted the investigation. United States District Judge Irene C. Berger presided over the hearing. Assistant United States Attorney Jeremy B. Wolfe is handling the prosecution.
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Two Individuals Plead Guilty to Roles in $4 Million Warranty SchemeRead the Press Release
CHARLESTON, W.Va. – Frank Russo, 69, of North Carolina, entered a guilty plea to wire fraud for his role in a scheme to defraud Toyota of more than $4 million, announced United States Attorney Mike Stuart. Previously, Kevin Fluharty, 59, of West Virginia, entered a guilty plea in the same case to mail fraud concerning the same scheme to defraud. Russo and Fluharty face up to 20 years in prison and will be required to pay restitution to Toyota. Russo’s sentencing is scheduled for October 1, 2020. Fluharty’s sentencing will be held on August 24, 2020.
“What a tangled web of deception these two men wove – from fraudulently using driver’s licenses to falsifying vehicle ownership information – and seeking more than $4 million for their deception,” said United States Attorney Mike Stuart. “Crime may pay until you get caught.”
Russo was employed as service manager by a Toyota dealership in Kanawha County and Fluharty was a notary public. Russo and Fluharty admitted they were participants in a fraudulent scheme whereby a Kentucky used car dealership, Big Blue Motor Sales, bought trucks at wholesale prices at auction, obtained hundreds of copies of Kentucky and West Virginia residents’ driver’s licenses, fraudulently titled the trucks in the name of those residents, and induced the car company to repurchase the trucks at 150% of value.
The scheme relied on Russo to ensure that vehicles brought to the Toyota dealership qualified for the extended warranty extension program and relied on Fluharty to notarize documentation used in the repurchase transactions. Russo admitted that he sent false ownership information to Toyota by electronic wire in furtherance of the scheme. Fluharty admitted that he falsely notarized documents knowing that those documents would be sent through the mail to Toyota. Russo and Fluharty admitted that they received bribes or kickbacks from Big Blue Motor Sales for their participation in the scheme.
The United States Postal Inspection Service, the Federal Bureau of Investigation, the West Virginia State Police and the West Virginia Office of the Insurance Commissioner conducted the investigation. United States District Judge Joseph R. Goodwin presided over both hearings. Former Assistant United States Attorney Stefan Hasselblad and Assistant United States Attorneys Andrew J. Tessman and Steven I. Loew are handling the prosecution.
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Kanawha County Man Pleads Guilty to Defrauding FEMA of 2016 Disaster Relief FundsRead the Press Release
CHARLESTON, W.Va. – A Kanawha County man pled guilty today to defrauding the Federal Emergency Management Agency (FEMA) of 2016 disaster relief funds, announced United States Attorney Mike Stuart. Randall Butler, 46, of Charleston, pled guilty to one count of fraud in connection with major disaster or emergency benefits.
At the time of the historic 2016 floods, Butler was living in an apartment in Clendenin, an area where FEMA was authorized to provide assistance to affected residents, including rental assistance. After the flood and a brief stay in a rescue shelter, Butler and his family moved to an apartment in Charleston. Butler admitted that he applied for FEMA relief funds for displaced housing even though he knew he was not allowed to receive the FEMA monies, because the U.S. Department of Housing and Urban Development had submitted rental payments on his behalf. Butler further admitted that he had received approximately $8,600 from FEMA for rental assistance, even though he had not been paying the rent himself.
“Butler took advantage of a program designed to help people, not to fill up his personal piggy bank,” said United States Attorney Mike Stuart. “The critical funding provided by FEMA was essential to rebuilding lives and communities throughout West Virginia. FEMA provides funds critical to recovery from natural disasters. This was greed and disaster not from any natural cause.”
“DHS OIG remains committed to investigating fraud that affects FEMA’s disaster relief programs,” said Homeland Security Inspector General Joseph V. Cuffari. “Furthermore, we are thankful to our colleagues at the West Virginia Commission on Special Investigations for their assistance in this investigation.”
Butler faces up to 30 years in prison when he is sentenced on October 6, 2020.
The Department of Homeland Security - Office of Inspector General (DHS-OIG) and the West Virginia Commission on Special Investigations conducted the investigation. Senior United States District Judge John T. Copenhaver, Jr. presided over the plea hearing. Assistant United States Attorney Kathleen Robeson is handling the prosecution.
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Operation X-Nation Update: Princeton Man Sentenced to Prison for Federal Drug CrimeRead the Press Release
BLUEFIELD, W.Va. – A Princeton man was sentenced to federal prison for his participation in a drug trafficking organization (DTO) operating between New York and Mercer County, announced United States Attorney Mike Stuart. David Simmons, 51, of Princeton, was sentenced to 24 months in prison, to be followed by three years of supervised release, for conspiring to distribute quantities of oxymorphone and oxycodone. Simmons, along with four other individuals, was charged as a result of a long-term, multi-state investigation known as Operation X-Nation.
“Thanks to the collaborative efforts of many law enforcement agencies, a multi-state pill distribution network has been shut down,” said United States Attorney Mike Stuart. “Southern West Virginia communities have been ravaged by prescription drug abuse and addiction. You can rest assured that we will not rest until all those responsible are held accountable.”
Simmons previously admitted that between August 2017 and August 31, 2019, he participated in a DTO operating in Mercer County. During this time period, Simmons worked with other members of the DTO to acquire and distribute prescription pills in and around Mercer County. In or about the month of August 2019, Simmons had telephone calls intercepted by law enforcement. During these calls, Simmons was discussing the distribution of oxymorphone and oxycodone with other members of the DTO. Simmons admitted that he was responsible for conspiring to distribute approximately 210 oxymorphone pills and approximately 257 oxycodone pills. Simmons also admitted it was the plan of the DTO to redistribute the pills in and around Mercer County.
Stuart commended the cooperative investigative efforts of 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. Each agency provided additional and essential support throughout this investigation.
Assistant United States Attorney Timothy D. Boggess handled the prosecution. Senior United States District Judge David A. Faber imposed the sentence.
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Mercer County Man Sentenced to Federal Prison for Sex OffenseRead the Press Release
BECKLEY, W.Va. – A Lashmeet man was sentenced to federal prison for a sex crime against a minor, announced United States Attorney Mike Stuart. Joshua Kevin Laxton, 29, was sentenced to 57 months in prison for travel in interstate commerce with the intent to engage in illicit sexual activity with a minor. Following his release from prison, Laxton will be required to serve 15 years of supervised release and will have to register as a sex offender.
“Horrific,” said United States Attorney Mike Stuart. “Crimes against children are the other pandemic. My prosecutors and our federal, state and local investigators are working tirelessly to protect West Virginia’s children from predators like Laxton. My office will prosecute child predators to the fullest extent of the law.”
Laxton previously admitted that on September 14, 2019, he began communicating via text messages with a minor he believed to be a 14-year-old girl located in Lewisburg. Despite knowing her age, Laxton discussed meeting the minor to engage in sexual intercourse. On November 1, 2019, Laxton drove through Virginia to meet the purported minor at an arranged meeting location in Lewisburg in order to engage in sexual intercourse.
The Federal Bureau of Investigation’s West Virginia Child Exploitation and Human Trafficking Task Force, in partnership with the West Virginia State Police, conducted the investigation. United States District Judge Frank W. 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.
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Parkersburg Man Sentenced to Seven Years in Prison for Drug OffenseRead the Press Release
CHARLESTON, W.Va. – A Parkersburg man was sentenced to federal prison for a drug crime, announced United States Attorney Mike Stuart. Keith Saunders, 33, was sentenced to seven years in prison followed by three years of supervised release for distribution of a quantity of methamphetamine.
“Great work by the Parkersburg Police Department and the ATF. Our communities are safer with one less drug dealer on the streets,” said United States Attorney Mike Stuart.
Saunders admitted that on two separate occasions in 2017, he met with confidential informants working with the Parkersburg Police Department and sold the informants methamphetamine. Saunders also had attempted to sell a firearm to the confidential informant, but was unable to complete the transaction. On October 29, 2019, Saunders admitted that he sold heroin to a confidential informant again working with the Parkersburg Police Department. On October 30, 2019, a state search warrant was executed at Saunders’ home where ammunition in addition to several digital scales were located. Saunders admitted to being addicted to methamphetamine for several years and told investigators that he sold approximately half a pound of methamphetamine a week in order to support his drug addiction.
The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and the Parkersburg Police Department conducted the investigation. Senior United States District Judge John T. Copenhaver, Jr. imposed the sentence. Assistant United States Attorney L. Alexander Hamner handled the prosecution.
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Project Guardian Update: Two Felons Appear in Federal Court on Gun ChargesRead the Press Release
CHARLESTON, W.Va. – Two felons appeared in federal court this week on gun charges, according to United States Attorney Mike Stuart.
Deandre Donte Coleman, 28, of Nitro, was sentenced to 36 months in prison for being a felon in possession of a firearm. Coleman’s prison sentence will be followed by three years of supervised release, and he also surrendered to law enforcement authorities any ownership interest that he may have had in the firearm involved in this offense. Coleman previously admitted that on September 2, 2019, he was riding as the front passenger in a vehicle that was stopped by law enforcement officers along MacCorkle Avenue in Jefferson. Officers discovered during the course of this traffic stop that Coleman was in possession of a 9mm semi-automatic pistol along with 11.4 grams of methamphetamine and 8.5 grams of a mixture containing fentanyl, heroin, and methamphetamine. Coleman admitted that he was in possession of the firearm, that he intended to sell the controlled substances found in his possession, and that he knew at the time he possessed the pistol that he had been previously convicted of the felony offense of distribution of cocaine base in the United States District Court in Charleston. The St. Albans Police Department and the Nitro Police Department conducted the investigation, with assistance from the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF). Senior United States District Judge John T. Copenhaver, Jr., imposed the sentence. Assistant United States Attorney Jeremy B. Wolfe handled the prosecution.
Matthew Thacker, 39, of Huntington, pled guilty to being a felon in possession of a firearm. On November 14, 2018, officers with the Huntington Police Department executed a search warrant at Thacker’s residence at 315 Oak Street in Huntington. Officers located two firearms in the home. Thacker told officers he knew he could not legally possess the firearms. Thacker was prohibited from possessing a firearm under federal law because of a 2014 conviction for the felony offenses of aggravated battery and aggravated assault in Pinellas County, Florida. Thacker faces up to 10 years in prison when he is sentenced on September 28, 2020. The Huntington Police Department conducted the investigation. United States District Judge Robert C. Chambers presided over the plea hearing. Assistant United States Attorney Stephanie S. Taylor prosecuted the case on behalf of the government.
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 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.
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Beckley Woman Who Faked Death to Avoid Sentencing Will Serve 42 Months in Federal Prison for Health Care FraudRead the Press Release
CHARLESTON, W.Va. – Julie M. Wheeler, 43, of Beckley, was sentenced by Senior United States District Judge John T. Copenhaver, Jr. to 42 months in federal prison for federal health care fraud, announced United States Attorney Mike Stuart. After serving her prison sentence, she will be placed on supervised release for three years. She was further ordered to pay restitution in the amount of $289,055.07, an amount calculated by the Veterans Administration (VA) and approved by the court.
In imposing a sentencing enhancement for obstruction, Judge Copenhaver found that Wheeler attempted to obstruct and impede the administration of justice by staging an “elaborate hoax” to fake her own death to avoid federal sentencing. On May 31, 2020, Wheeler and other family members staged her fall from the Grandview State Park overlook. Wheeler’s family members then falsely reported to law enforcement her fall off of Grandview Ledges at the New River Gorge. This report led to an extensive search effort in the New River Gorge by state, federal and local authorities, assisted by numerous volunteers. The West Virginia State Police eventually located Wheeler at her own home, hiding in a closet. Wheeler and her husband are presently charged in Raleigh County Magistrate Court for numerous felony and misdemeanor offenses relating to the false reporting of an emergency. The court found that this scheme contributed to Wheeler’s failure to accept responsibility for her criminal conduct and enhanced her federal sentence accordingly.
“Absolutely despicable. Wheeler’s egregious fraud scheme denied much needed spina bifida care for her own sister while she fleeced the Veteran’s Administration of almost $300,000,” said United States Attorney Mike Stuart. “Then she faked her own disappearance to evade sentencing, risking the lives and resources of first responders and emergency personnel. Outrageous. Terribly tragic case all around.”
Wheeler pled guilty on February 11, 2020, and admitted that she submitted 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. Wheeler was the owner of a homecare services company, JRW Homecare Support Services. Wheeler was hired to provide services to K.L. due to K.L.’s spina bifida condition at the VA approved rate of $736 a day to provide eight hours of daily services. Wheeler’s care was supposed to include bathing, grooming, changing K.L.’s clothes and other issues associated with K.L.’s hygiene, food intake and lifestyle.
Wheeler did not provide K.L. the care for and during the time period described. Wheeler submitted claims to the VA stating that she provided care for K.L. eight hours a day, seven days a week, from October 2016 to April 2018 at the full daily rate of $736 a day. Wheeler gave a statement to the VA and the FBI admitting that she greatly inflated the rate and quality of the care that she provided to K.L. This was corroborated by other witnesses who provided statements that Wheeler did not provide eight hours of daily care. Wheeler further admitted that her conduct defrauded the VA of hundreds of thousands of dollars and deprived the victim of services. The victim of the spina bifida diagnosis, K.L., has since passed away.
Assistant United States Attorney Erik S. Goes handled the prosecution.
Stuart praised the work of the Veterans Affairs - Office of Inspector General (VA-OIG), the Federal Bureau of Investigation, the Office of Veterans Affairs (VA), and the United States Department of Health and Human Services - Office of Inspector General (HHS-OIG) for the investigation of the underlying fraud, and the National Park Service and the West Virginia State Police for their work in locating Wheeler.
The fraud investigation was conducted by members of the United States Attorney’s Healthcare Fraud Abuse, Recovery and Response Team (ARREST), an innovative approach linking civil and criminal enforcement efforts together in a comprehensive attack on the opioid epidemic and healthcare fraud. United States Attorney Mike Stuart announced the formation of ARREST in February 2019. All health care related cases in the Southern District of West Virginia, whether they are the subject of criminal or civil investigation or enforcement, are directed through ARREST. Included within the purview of the team are the Opioid Fraud and Abuse Detection Unit, Affirmative Civil Enforcement Unit, Appalachian Regional Prescription Opioid (ARPO) Strike Force, Medicare and Medicaid Fraud, and Asset Forfeiture efforts related to all healthcare matters.
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Wood County Parolee Sentenced for Federal Drug OffenseRead the Press Release
CHARLESTON, W.Va. – United States Attorney Mike Stuart announced a Wood County man was sentenced to 90 months in federal prison for possession with intent to distribute methamphetamine. Joshua Michael Conger, 41, of Parkersburg, also will serve five years on supervised release.
“Conger was given a second chance when state court gave him parole. But what did he do? He went right back to drugs and guns. Not this time - there’s no parole in the federal system,” said United States Attorney Mike Stuart.
Conger pled guilty in January 2020 admitting that he possessed 388 grams of methamphetamine and two handguns in his vehicle when it was parked at his Gihon Road residence. Conger had previously been convicted in Wood County Circuit Court of operating a methamphetamine laboratory in 2012 and possession with intent to distribute a controlled substance in 2016. He was on parole at the time of his arrest in June 2018.
The Parkersburg Narcotics Task Force and the Federal Bureau of Investigation (FBI) conducted the investigation. Senior United States District Judge John T. Copenhaver, Jr. imposed the sentence. Assistant United States Attorney Joshua Hanks handled the prosecution.
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Michigan Man Pleads Guilty to Federal Drug ChargeRead the Press Release
HUNTINGTON, W.Va. – A Southfield, Michigan man pled guilty today to a federal drug charge, announced United States Attorney Mike Stuart. Donta Cole, 24, entered a guilty plea to an indictment charging him with possession with the intent to distribute crack cocaine.
“Another out-of-state drug dealer nabbed in Huntington stands convicted for peddling deadly poisons,” said United States Attorney Mike Stuart. “Our efforts in Huntington are unprecedented. The streets are safer. Our families are safer. And Huntington is able to focus on growing its economy rather than dedicating critical, limited resources to stopping drug dealers and violent offenders. Our team and our focus is making a big difference.”
Cole admitted that on April 26, 2019, he was a passenger in a vehicle that was pulled over by the West Virginia State Police. The officer found approximately 12 grams of crack cocaine hidden in Cole’s groin area. Cole admitted that he intended to sell the crack cocaine.
Cole faces up to 20 years in federal prison when he is sentenced on September 28, 2020.
The West Virginia State Police conducted the investigation. The plea hearing was held before United States District Judge Robert C. Chambers. Assistant United States Attorney Stephanie S. Taylor handled the prosecution.
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Huntington Man Pleads Guilty to Firearm and Heroin ChargesRead the Press Release
HUNTINGTON, W.Va. – A Huntington man has pled guilty to drug and gun crimes, announced United States Attorney Mike Stuart. Johnny Ray Francis III, 19, pled guilty to possession with intent to distribute heroin and using and carrying a firearm during and in relation to a drug trafficking crime.
“Through Operation Synthetic Opioid Surge and other law enforcement actions, we have prosecuted a historic number of opioid dealers in and around Huntington,” said United States Attorney Mike Stuart. “We won’t stop until the day the last drug dealer and poison peddler are out of town or in prison.”
Francis admitted that on June 12, 2019, in a residence at 1281 26th St. in Huntington, he possessed a plastic baggie containing suspected heroin and a Glock 23 .40 caliber/9mm pistol. After forensic testing, the substance possessed by Francis was determined to be approximately eight grams of heroin. Francis admitted that he intended to distribute the heroin he possessed, and that he possessed the firearm for the purpose of protecting himself and the heroin he possessed.
Francis faces a minimum mandatory five years in prison with a maximum of 40 years when sentenced on September 28, 2020.
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 Operation Synthetic Opioid Surge (S.O.S.), a focused enforcement effort that seeks to reduce the supply of deadly synthetic opioids in high impact areas.
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Charleston Doctor Sentenced to over Five Years in Federal Prison for Illegal Distribution of MethadoneRead the Press Release
CHARLESTON, W.Va. – A Charleston doctor who practiced at Neurology & Pain Center, PLLC was sentenced to prison for illegal distribution of controlled substances that were not for legitimate medical purposes, announced United States Attorney Mike Stuart. Muhammed Samer Nasher-Alneam, 48, was sentenced to 63 months in prison for writing prescriptions in July 2014 for methadone pills that were not within the bounds of professional medical practice or for legitimate medical purposes. Nasher also will be on supervised release following his incarceration for a period of three years. As a result of this conviction, Nasher agreed to permanently surrender both his medical license and DEA registration. He further agreed to never seek reinstatement of a license to practice as a medical doctor in any other state. As part of his plea agreement, Nasher agreed to forfeit $149,480.75 and an Acura RDX Sport Utility Vehicle.
“As I’ve said before, a drug dealer in a lab coat is still just a drug dealer,” said United States Attorney Mike Stuart. “This drug dealer will not only be losing his freedom for more than five years, he is losing his medical license- FOREVER. Nasher will never practice medicine again – not in West Virginia or any other state.”
Nasher has been in custody since his arrest on July 27, 2018.
The Federal Bureau of Investigation (FBI), the Drug Enforcement Administration (DEA), the Department of Health and Human Services – Office of Inspector General, the Department of Labor – Office of Inspector General, the West Virginia State Police and the West Virginia Insurance Commission conducted the investigation. Senior United States District Judge David A. Faber imposed the sentence. Assistant United States Attorneys Alan McGonigal, Jennifer Herrald and Steve Loew, and former Assistant United States Attorneys C. Haley Bunn and Meredith Thomas handled the prosecution.
This case was prosecuted by the Opioid Fraud and Abuse Detection Unit (OFADU), a Department of Justice initiative that uses data to identify and prosecute individuals that are contributors to the national opioid crisis. The Southern District of West Virginia is one of 12 districts nationally to participate in the pilot program. OFADU is an integral part of the United States Attorney’s Healthcare Fraud Abuse, Recovery and Response Team (ARREST), an innovative approach utilizing criminal and civil enforcement efforts in a comprehensive attack on the opioid epidemic and healthcare fraud. This case was also part of the Appalachian Regional Opioid (ARPO) Strike Force which is made up of prosecutors and data analysts with the HCF Unit, prosecutors with the ten U.S. Attorney’s Offices in the region, and special agents with the FBI, HHS-OIG and DEA.
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Ohio Man Pleads Guilty to Federal Drug ChargeRead the Press Release
CHARLESTON, W.Va. – An Ohio man has pled guilty to a federal drug charge, announced United States Attorney Mike Stuart. Robert Lamar Bates-Porter, 33, of Columbus, Ohio, pled guilty to possession with intent to distribute more than 400 grams of fentanyl.
“After serving five years in prison for his previous federal conviction, Bates-Porter didn’t even wait for his term of supervised release to end before picking up where he left off as a drug dealer,” said United States Attorney Mike Stuart. “Now he will be returning to federal prison where I hope he sets his sights on a different line of work upon release.”
During the late summer of 2019, the Washington County, Ohio Major Crimes Task Force (MCTF) was investigating a drug trafficking organization that was bringing fentanyl and heroin from Columbus, Ohio to be distributed in and around Marietta, Ohio and Parkersburg, West Virginia. MCTF joined forces with the Parkersburg Narcotics Task Force (PNTF) to investigate the organization. Investigators identified Bates-Porter as a key member of the organization. In September 2019, Bates-Porter ordered a package of drugs to be delivered to a residence on Roselynne Avenue in Parkersburg. The package was delivered on September 12, 2019. Bates-Porter drove from Columbus to Parkersburg and arrived at Roselynne Avenue after midnight on September 13, 2019. Shortly thereafter, PNTF personnel executed a search warrant at the residence where they found Bates-Porter in the basement preparing to open the drug package. Officers seized the package which contained a kilogram of fentanyl. Later the same day, police in Columbus, Ohio executed a search warrant at Bates-Porter’s residence where they seized approximately 260 grams of heroin, 94 grams of cocaine, and a small quantity of a mixture of heroin and fentanyl.
At the time of his arrest, Bates-Porter was on federal supervised release for a 2014 conviction in the Southern District of West Virginia for possession of a firearm in furtherance of drug trafficking. At the plea hearing, he admitted that he took possession of the package and intended to distribute the drugs inside which he claimed to believe was heroin.
In addition to facing 10 years to life in prison for the fentanyl charge, Bates-Porter also faces up to five years for violating the terms of his supervised release when he is sentenced on September 23, 2020.
The Washington County Major Crimes Task Force, the Parkersburg Narcotics Task Force, the United States Postal Inspection Service, and the Columbus, Ohio Police Department conducted the investigation. Senior United States District Judge John T. Copenhaver, Jr. presided over the hearing. Assistant United States Attorney Joshua Hanks handled the prosecution.
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Akron Man Sentenced to Nine Years in Federal Prison for Drug CrimeRead the Press Release
CHARLESTON, W.Va. – An Akron, Ohio man was sentenced to federal prison for a drug crime, announced United States Attorney Mike Stuart. Deangelo Reeves, 34, was sentenced to nine years in prison for possession with intent to distribute heroin, followed by a three-year term of supervised release.
“Another drug dealer from Akron. Why am I not surprised? Coming to Charleston to sell heroin – bad move. Throwing his drugs out the window – again, a bad move,” said United States Attorney Mike Stuart. “Reeves is another Akron heroin dealer going to federal prison via the Southern District of West Virginia. Reeves now has nine years to think about how he can become a productive member of society.”
Reeves previously admitted that on March 5, 2018, he was driving a car on McKee Avenue in Charleston and threw a bag of heroin out of the driver’s side window of the car. Reeves admitted that he possessed the bag of heroin and intended to distribute it. The bag Reeves threw out of the car window was recovered by law enforcement and confirmed to be heroin with a weight of 11.96 grams.
The Metropolitan Drug Enforcement Network Team (MDENT) conducted the investigation. United States District Judge Irene Berger imposed the sentence. Assistant United States Attorney Monica D. Coleman handled the prosecution.
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Project Parkersburg Update: Parkersburg Woman Sentenced to Five Years in Prison for Meth ConspiracyRead the Press Release
CHARLESTON, W.Va. – A Parkersburg woman was sentenced to five years in prison for conspiracy to distribute methamphetamine, announced United States Attorney Mike Stuart. Stephanie Eldred, 45, previously admitted that she was part of a drug trafficking ring operating in and around Parkersburg between February and October 2018. At her plea hearing, Eldred stated that she distributed more than 200 grams of methamphetamine that had been supplied by co-defendant Terrence McGuirk.
“Eldred is one of 16 defendants convicted by my office as a result of Project Parkersburg,” said United States Attorney Mike Stuart. “When we took this multi-state network of drug traffickers down, it was a huge win for the City of Parkersburg. An historic quantity of meth, as well as significant amounts of fentanyl, heroin and cocaine were seized. There is no doubt that the collaborative efforts of law enforcement saved lives.”
Eldred is being 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, and Troy Pastorino have been sentenced. Amanda Atkinson, Aurelius Edmonds, Michael Holley, Terrence McGuirk, 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.
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Parkersburg Man Pleads Guilty to Firearm and Methamphetamine ChargesRead the Press Release
CHARLESTON, W.Va. – A Parkersburg man pled guilty today to federal charges related to the trafficking of methamphetamine and the possession of a firearm while involved in drug trafficking, announced United States Attorney Mike Stuart. James Daniel Canty, 60, pled guilty to possession with intent to distribute methamphetamine and using and carrying a firearm during and in relation to a drug trafficking crime.
“A gun-toting meth dealer with six prior felony convictions,” said United States Attorney Mike Stuart. “Bad actors like Canty endanger our communities and that’s why we are laser-focused on making sure the traffickers and the wrong-doers are caught and prosecuted.”
Canty admitted that on November 30, 2019, following a traffic stop by members of the Parkersburg Police Department on Plum Street near Jefferson Elementary School in Parkersburg, he was found to be in possession of approximately 55 grams of methamphetamine as well as a loaded .25 caliber semi-automatic pistol with an obliterated serial number and a box of .25 caliber ammunition. Canty further admitted that he intended to distribute the methamphetamine that he possessed, and that he possessed the firearm for the purpose of protecting himself and the methamphetamine that he was carrying. Canty has a long criminal history, which includes six prior felony convictions.
Canty faces up to life in prison when sentenced on September 21, 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 John T. Copenhaver, Jr., presided over the hearing. Assistant United States Attorney Jeremy B. Wolfe 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 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.
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Department of Justice Announces $42 Million to Combat Illegal Manufacture and Distribution of Methamphetamine and OpioidsRead the Press Release
West Virginia State Police Awarded $1 Million Anti-Methamphetamine Program Grant
CHARLESTON, W.Va. – The West Virginia State Police has been awarded a $1 million grant to combat methamphetamine trafficking, announced United States Attorney Mike Stuart. The Justice Department’s Office of Community Oriented Policing Services (COPS Office) earlier today announced nearly $42 million in funding to support state-level law enforcement agencies in combating the illegal manufacturing and distribution of methamphetamine, heroin, fentanyl, carfentanil, and prescription opioids.
In the Southern District of West Virginia, the West Virginia State Police will receive $1 million through the COPS Anti-Methamphetamine Program (CAMP). The West Virginia State Police is one of 12 state law enforcement agencies to receive the support. These state agencies have demonstrated numerous seizures of precursor chemicals, finished methamphetamine, laboratories, and laboratory dump seizures. State agencies are being awarded three years of funding through CAMP to support the location or investigation of illicit activities related to the manufacture and distribution of methamphetamine, including precursor diversion, laboratories, or methamphetamine trafficking.
“West Virginia communities are being inundated by meth. My office works closely with the West Virginia State Police and our drug and violent crime task forces throughout the district to stop the manufacturing and distribution of meth in West Virginia. Together, we have taken down major meth trafficking organizations and seized massive quantities of meth before it hit the streets,” said United States Attorney Mike Stuart. “The funding awarded today by the COPS Office will greatly enhance our efforts to stem the tide against this devastating drug.”
“The scourge of opioid and methamphetamine use continues to take a devastating toll on our nation’s communities,” said COPS Office Director Phil Keith. “By providing these resources to law enforcement to help combat the further spread, the COPS Office is demonstrating our commitment to this Administration’s priority of reducing drug use and protecting our citizens from this public health and safety crisis.”
Drug overdose deaths and opioid-involved deaths continue to increase in the United States. Deaths from drug overdose are up among both men and women, all races, and adults of nearly all ages, with more than three out of five drug overdose deaths involving an opioid. More than 130 people die every day in the United States after overdosing on opioids, while methamphetamine continues to be one of the most commonly misused stimulant drugs in the world and is the drug that most contributes to violent crime.
The COPS Office also is awarding more than $29.7 million in grant funding to 14 state law enforcement agency task forces through the Anti-Heroin Task Force Program (AHTF). AHTF provides three years of funding directly to state-level law enforcement agencies with multijurisdictional reach and interdisciplinary team (e.g., task force) structures, in states with high per capita rates of primary treatment admissions for heroin, fentanyl, carfentanil, and other opioids. This funding will support the location or investigation of illicit activities through statewide collaboration related to the distribution of heroin, fentanyl, or carfentanil or the unlawful distribution of prescription opioids.
The AHTF and CAMP funding has a tremendous impact on state investigative and seizure work. During the five month period between October 2019 and February 2020, current AHTF grantees reported the seizure of over $4 million in cash and 1,213 firearms. Similarly, for CAMP, grantees reported seizures of more than $7 million in cash and 1,577 firearms.
The complete list of Anti-Heroin Task Force Program award recipients, including funding amounts, can be found here.
The complete list of COPS Anti-Methamphetamine Program award recipients, including funding amounts, can be found here.
The COPS Office is a federal agency responsible for advancing community policing nationwide. Since 1994, the COPS Office has invested more than $14 billion to advance community policing, including grants awarded to more than 13,000 state, local and tribal law enforcement agencies to fund the hiring and redeployment of approximately 135,000 officers and provide a variety of knowledge resource products including publications, training and technical assistance. For additional information about the COPS Office, please visit https://cops.usdoj.gov/.
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.
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Project Safe Childhood: Two Appear in Federal Court on Child Pornography CrimesRead the Press Release
CHARLESTON, W.Va. – Two men appeared in federal court today for child pornography crimes, according to United States Attorney Mike Stuart.
“Egregious and despicable crimes. I have absolutely no tolerance for child predators. Zero,” said United States Attorney Mike Stuart. “There is no greater priority for me than protecting our children.”
Jeremiah Taylor, 32, of Huntington, pled guilty to distribution of child pornography. He admitted that in January 2019, he utilized the mobile messaging application Kik to send several graphic videos of child pornography to an undercover Federal Bureau of Investigation (FBI) agent. These videos depicted nude prepubescent children engaged in sexual conduct, including sadistic or masochistic conduct. Taylor also admitted that he asked the undercover agent for photos of the agent’s 9-year-old daughter naked in sexually-explicit poses. On Kik, Taylor was an active member of a group focused on taboo interests, wherein users frequently shared images and videos of child pornography. Taylor’s Kik username was “58ThatDude58” – 58 is the number Taylor wore while playing football for Marshall University from 2010 to 2013. He faces at least five years and up to 20 years in prison when sentenced on September 28, 2020 in Huntington. The Federal Bureau of Investigation (FBI) conducted the investigation. United States District Judge Robert C. Chambers presided over the hearing. Assistant United States Attorney Kristin F. Scott is handling the prosecution.
Michael Reece Johnson, Jr., 50, of Arkansas, was sentenced to 10 years in prison for possession of child pornography while in Raleigh County. Following release from prison, Johnson will be placed on a 10-year term of supervised release and must register as a sex offender. Johnson previously admitted that on August 15, 2019, he picked up a 13-year-old female from her residence in Kentucky after communicating with her via Facebook. After picking up the minor, he traveled with her from Kentucky to Beckley. During the travel and in Beckley Johnson engaged in sexual activity with the minor. He also possessed several images of child pornography depicting the minor. Johnson also took a sexually explicit photograph of the minor using his cellphone. The United States Secret Service, the Shepherdsville (KY) Police Department, the Homeland Security Investigations and the West Virginia State Police conducted the investigation. United States District Judge Frank W. Volk imposed the sentence. Assistant United States Attorney Jennifer Rada Herrald handled the prosecution.
These cases are 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.
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Huntington Man Pleads Guilty to Federal Drug ChargeRead the Press Release
HUNTINGTON, W.Va. – A Huntington man has pled guilty to a drug crime, announced United States Attorney Mike Stuart. Jason Chinn, 43, pled guilty to possession with intent to distribute 100 grams or more of heroin. He faces between five and 40 years in prison when sentenced on September 21, 2020.
“370 grams of heroin. When we get dealers like Chinn off the street, our streets and our kids are safer,” said United States Attorney Mike Stuart. “We’ve done remarkable work with remarkable results in Huntington and we will continue ridding our streets of drug dealers and their poisons.”
Chinn admitted that on May 8, 2018, officers executed a search warrant on his residence at 3001 5th Avenue in Huntington. Officers recovered 370 grams of heroin. Chinn admitted that he planned on selling the heroin.
The Cabell County Sheriff’s Department conducted the investigation. United States District Judge Robert C. Chambers presided over the hearing. Assistant United States Attorney Joseph Adams is handling the prosecution.
The case is being prosecuted as part of Operation Synthetic Opioid Surge (S.O.S.), an enforcement surge that seeks to reduce the supply of deadly synthetic opioids in high impact areas.
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Detroit Men Sentenced to Prison for Drug ChargesRead the Press Release
HUNTINGTON, W.Va. – Two Detroit men were sentenced today for drug charges, announced United States Attorney Mike Stuart. Rudolph Jackson, 42, was sentenced to 71 months in prison. Rudy Jackson, 22, was sentenced to 37 months in prison. Rudolph Jackson previously pled guilty to a five count indictment which charged him with selling heroin and aiding and abetting the possession with intent to distribute methamphetamine and heroin. Rudy Jackson previously pled guilty to aiding and abetting the possession with intent to distribute methamphetamine and heroin.
“There is definitely a pattern. Detroit. Drug dealer. Victimizing the good people of West Virginia. We have had enough of out-of-state drug dealers coming to our great state and poisoning our communities,” said United States Attorney Mike Stuart. “Make no mistake, if you come to West Virginia with drugs, when we catch up to you - and we will - we are going to do our best to allow you to stay at the federal ‘inn’ and, trust me, there is no turn down service or a chocolate on the pillow.”
Rudolph Jackson previously admitted that on four separate occasions he sold heroin to a confidential informant in Huntington. Both men also admitted that on August 22, 2019, officers with the Huntington Police Department executed a search warrant at 702 Washington Avenue, Apartment 7 in Huntington. Officers found distribution quantities of methamphetamine and heroin inside the apartment. Both men admitted that they intended to aid other individuals in selling the methamphetamine and heroin.
The Huntington Police Department conducted the investigation. United States District Judge Robert C. Chambers imposed the sentence. Assistant United States Attorney Stephanie Taylor handled the prosecution.
The case was prosecuted as part of Operation Synthetic Opioid Surge (S.O.S.), an enforcement surge that seeks to reduce the supply of deadly synthetic opioids in high impact areas.
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Project Guardian Update: Seven Felons Appear in Federal Court for Gun CrimesRead the Press Release
CHARLESTON, W.Va. -- Defendants in seven separate Project Guardian cases appeared in federal court this week, according to United States Attorney Mike Stuart.
Kevin Lee Ramsey, 30, of Parkersburg, pled guilty to being a felon in possession of a firearm. Ramsey admitted that he possessed a loaded Heckler & Koch 9mm compact semi-automatic pistol within a vehicle in which he was riding as a passenger on August 15, 2019. On that date, the vehicle was stopped by officers with the Parkersburg Police Department near the intersection of 7th Street and Swann Street in the city of Parkersburg. Pursuant to that traffic stop, officers searched the vehicle and discovered the firearm in the glove box directly in front of where Ramsey was seated. At the time that Ramsey possessed this firearm, he knew that he had been previously convicted of the offense of delivery of heroin in Wood County Circuit Court in July of 2015, and was prohibited by law from possessing a firearm. He faces up to 10 years in prison when sentenced on September 9, 2020 in Charleston. The Parkersburg Police Department conducted the investigation with the assistance of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). United States District Judge Joseph R. Goodwin presided over the hearing. Assistant United States Attorney Jeremy B. Wolfe is handling the prosecution.
Anthony Smith, 44, of Wayne County, was sentenced to 33 months for being a felon in possession of a firearm. He previously admitted that on April 8, 2019, troopers with the West Virginia State Police searched his vehicle in the parking lot of the Speedway gas station on 5th Street Road in Huntington. Troopers located a loaded sawed off shotgun in the vehicle. Smith admitted the gun was his. Smith was prohibited from possessing a firearm under federal law because of a 2005 conviction for the felony offense of aggravated assault with a deadly weapon in Davidson County, Tennessee. The West Virginia State Police conducted the investigation. United States District Judge Robert C. Chambers imposed the sentence. Assistant United States Attorney Stephanie S. Taylor prosecuted the case.
Ricky Nelson, 32, of Logan County, was sentenced to 30 months in prison and three years of supervised release for being a felon in possession of a firearm. Nelson previously admitted that on April 30, 2018, he possessed a RG Model 23, .22 in Boone County. While in his possession, the gun fired, shooting another person. His possession of the firearm was illegal due to his having been convicted in the Circuit Court of Logan County for robbery in the first degree. The Boone County Sheriff’s Office conducted the investigation. Senior United States District Judge John T. Copenhaver, Jr. presided over the sentencing. Assistant United States Attorney Christopher Arthur handled the prosecution.
David Walker, Jr., 45, of Huntington, was sentenced to 57 months in prison and three years of supervised release for being a felon in possession of a firearm. Walker previously admitted that while on parole, he possessed two firearms. He is prohibited from possessing firearms because he was convicted in 2018 of the felony offense of possession with intent to deliver controlled substances in Cabell County. The West Virginia State Police and the West Virginia Division of Corrections Probation and Parole conducted the investigation. United States District Judge Robert C. Chambers imposed the sentence. Assistant United States Attorney Stephanie Taylor handled the prosecution.
Jonathan Felts, 31, of Greenbrier County, was sentenced to 50 months in prison and three years of supervised release for being a felon in possession of a firearm. Felts previously admitted that on August 16, 2018, he was a passenger in a motor vehicle driving on Route 20 in Summers County. The vehicle was stopped because the registration plates were not visible. The deputy sheriff smelled burned marijuana coming from the vehicle. The deputy had each occupant exit the vehicle. In Felts’ backpack, deputies located a Springfield Armory XDS, .40 caliber six round magazine, numerous empty baggies used in the distribution of controlled substances, a blue digital scale, and approximately three grams of a white crystal substance. Upon further search of the vehicle, deputies located a Glock, model 27, .40 caliber pistol under the passenger seat and a Springfield Armory XDS, .40 caliber pistol stuffed underneath the cushion of the back seat. The Springfield Armory XDS, .40 caliber six round magazine that was located in a lock box found in Felts’ red backpack fit the Springfield Armory XDS, .40 caliber pistol. Felts’ prior felony convictions included delivery of oxymorphone and burglary in Greenbrier County. The Summers County Sheriff’s Department, the Summers County Prosecutor’s Office, and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) conducted the investigation. United States District Judge Frank W. Volk imposed the sentence. Assistant United States Attorney Kristin F. Scott handled the prosecution.
David Moore, 40, of Beckley, was sentenced to 46 months in prison to be followed by three years of supervised release for being a felon in possession of a firearm. Moore previously admitted that on April 1, 2017, a Raleigh County Sheriff’s Deputy pulled him over near the Beckley bypass. At the time of the stop, the officer saw a firearm in the back seat area of Moore’s car. Moore admitted to the deputy that he possessed the Sig Sauer P522, .22 caliber semi-automatic firearm found in the car. Moore further admitted that he knew it was illegal for him to possess a firearm because he had been convicted of a felony in 2003 in Raleigh County Circuit Court for delivery of a controlled substance. The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and the Raleigh County Sheriff’s Department. Assistant United States Attorney Timothy D. Boggess handled the prosecution. United States District Judge Frank W. Volk imposed the sentence.
Richard Spinks, 40, of Richwood, was sentenced to 18 months in prison and a term of three years of supervised release for being a felon in possession of a firearm. Spinks previously admitted that he was in possession of a firearm on June 22, 2019, despite his knowledge that he was prohibited by federal law from possessing firearms due to a 2010 felony conviction in Nicholas County Circuit Court for forgery. Spinks was witnessed carrying a Savage .22 caliber rifle into the home of another individual in Richwood by a sergeant with the Nicholas County Sheriff’s Department. When officers arrived at the residence to investigate, they encountered Spinks and two other individuals, who both gave statements indicating that Spinks carried the weapon into the residence. The firearm was seized, and Spinks was then placed under arrest. The Nicholas County Sheriff’s Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) conducted the investigation. United States District Judge Joseph R. Goodwin imposed the sentence. Assistant United States Attorney Andrew Tessman handled the prosecution.
The 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 listed above. For more information about Project Guardian, please see: https://www.justice.gov/projectguardian.
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Cedar Grove Man Sentenced to Federal Prison for Child Pornography CrimeRead the Press Release
CHARLESTON, W.Va. – A Cedar Grove man was sentenced to prison for a federal child pornography crime, announced United States Attorney Mike Stuart. Benjamin Franklin Thomas, 32, was sentenced to 60 months in prison for possession of child pornography. He also is required to register as a sex offender and to complete 15 years of federal supervised release. The federal prison sentence will run consecutive to a three to 30-year state sentence that Thomas currently is serving for breaking and entering into Cedar Grove Elementary School and Ward Church of God.
“Reprehensible,” said United States Attorney Mike Stuart. “Child porn is a disgusting offense that, sadly, is a frequent crime prosecuted by my office. My highest priority is protecting our kids. These crimes are some of the most troubling crimes committed in society. I commend the very important work done by the law enforcement agencies that investigate these crimes.”
Thomas previously admitted that he used his smartphone to search for images of child pornography on the internet, download the images, and save them to his Google Photos while residing in Cedar Grove in Kanawha County. Images possessed by Thomas in his collection of child pornography included prepubescent minors and images depicting sadistic or masochistic conduct and sexual exploitation of very young children.
The South Charleston Police Department, the Cedar Grove Police Department, the United States Secret Service and the West Virginia State Police Internet Crimes Against Children Task Force conducted the investigation. Senior United States District Judge John T. Copenhaver, Jr. presided over the hearing. Assistant United States Attorney Kristin F. Scott 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.
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Operation Free Market Update: Michigan Man Pleads Guilty to Possession with Intent to Distribute FentanylRead the Press Release
HUNTINGTON, W.Va. – A Michigan man pled guilty to a federal drug charge, announced United States Attorney Mike Stuart. Gary Jerome Johnson, also known as Sosa, 29, pled guilty to possession with the intent to distribute fentanyl.
“Fentanyl is the leading cause of drug death in West Virginia. It is a devastating drug that has devastated too many of our families,” said United States Attorney Mike Stuart. “Out-of-state drug dealers have caused enough harm in West Virginia. This is another out of state drug dealer headed to prison.”
Johnson admitted that on May 2, 2019, he was a passenger in a vehicle that was pulled over for a traffic stop in Huntington. After learning that Johnson was wanted out of Michigan for absconding from parole, he was placed under arrest and taken to the West Virginia State Police detachment in Huntington for processing. A Trooper found approximately 16 grams of fentanyl in his cruiser. Johnson admitted he intended to sell the controlled substance.
Johnson faces up to 20 years in prison when sentenced on September 21, 2020.
Operation Free Market was a long-term drug investigation in the Huntington area. The investigation was the result of a joint effort by the Drug Enforcement Administration and the Violent Crime and Drug Task Force West. It was part of Operation Synthetic Opioid Surge (SOS), a Department of Justice program that seeks to reduce the supply of deadly synthetic opioids in high impact areas and to identify wholesale distribution networks and international and domestic suppliers.
The plea hearing was held before United States District Judge Robert C. Chambers. Assistant United States Attorney Stephanie S. Taylor handled the prosecution.
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Ohio Man Sentenced to Prison on Federal Drug ChargeRead the Press Release
CHARLESTON, W.Va. – A Columbus, Ohio man was sentenced to federal prison for a drug crime, announced United States Attorney Mike Stuart. Darrell Gossett, 34, was sentenced to 70 months in prison and four years of supervised release for possession with intent to distribute methamphetamine.
“Hundreds of grams of illicit drugs and another out-of-state drug dealer,” said United States Attorney Mike Stuart. “The drugs and the out-of-state drug dealer are now off our streets and the dealer is headed to federal prison for many years. The people of West Virginia are surely safer as a result of cases like this.”
Gossett previously admitted that on November 6, 2019, he possessed more than 250 grams of methamphetamine hidden inside his vehicle. Investigators were approaching 2403 Whitman Creek Road in Whitman to investigate possible drug activity when Gossett quickly backed out of the location, striking a police cruiser. A subsequent search of his vehicle led to the seizure of the methamphetamine. Gossett admitted that he planned on selling the methamphetamine.
The Logan County Sheriff’s Department conducted the investigation. United States District Judge Irene C. Berger presided over the hearing. Assistant United States Attorney Nowles Heinrich handled the prosecution.
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Michigan Man Sentenced to Prison for Selling MethamphetamineRead the Press Release
HUNTINGTON, W.Va. – A Pontiac, Michigan man was sentenced to 46 months in prison and three years of supervised release for selling methamphetamine, announced United States Attorney Mike Stuart. Milik Robinson, 23, previously admitted that on August 19, 2019 he sold an ounce of methamphetamine to a confidential informant behind a residence located at 915 Washington Avenue in Huntington.
“It’s a constant theme - out of state drug dealer in West Virginia selling drugs to our good people, causing havoc and pain, and, too often, worse,” said United States Attorney Mike Stuart. “There is another constant theme - out of state drug dealer arrested in the Southern District of West Virginia and headed to federal prison.”
The Cabell County Sheriff’s Department conducted the investigation. United States District Judge Robert C. Chambers imposed the sentence. Assistant United States Attorney Stephanie Taylor handled the prosecution.
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