Southern District of West Virginia
Press releases recorded for this federal judicial district.
Huntington Woman Sentenced for Selling HeroinRead the Press Release
HUNTINGTON, W.Va. - A Huntington woman was sentenced in federal court for selling heroin, according to United States Attorney Mike Stuart. Amanda Layne, 41, was sentenced to 18 months in prison followed by three years of supervised release.
Layne previously admitted that on August 30, 2018, she sold 10 grams of heroin to a confidential informant at 106 Lawson Avenue in Huntington. As part of her plea agreement, Layne also admitted that officers found 114 grams of heroin in her home and that she intended to sell the heroin in exchange for money.
“We mean business in Huntington and everywhere else in the Southern District of West Virginia,” said United States Attorney Mike Stuart. “We are getting the drugs off the street - in this case more than 100 grams of heroin - and putting the poison peddlers and pushers behind bars.”
The West Virginia State Police, the Drug and Violent Crime Task Force West and the Putnam County Sheriff’s Department conducted the investigation. United States District Judge Robert C. Chambers imposed the sentence. Stephanie S. Taylor prosecuted the case on behalf of the United States.
The case was prosecuted as part of Operation Synthetic Opioid Surge (SOS), an enforcement surge that seeks to reduce the supply of deadly synthetic opioids in high impact areas.
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Huntington Woman Sentenced for Federal Drug CrimeRead the Press Release
HUNTINGTON, W.Va. – A Huntington woman caught with drugs in 2015 was sentenced to 15 months in federal prison, announced United States Attorney Mike Stuart. Kaley Elizabeth Bowen, 29, previously pled guilty to possession with intent to distribute heroin, cocaine base and marijuana.
“In these times, we encourage and support businesses as they do all they can to survive, but not this type of business. Ms. Bowen’s business was dealing drugs out of her apartment- heroin, cocaine base and marijuana. Fortunately, this business is ‘Closed’ and the drugs never hit the street,” said United States Attorney Mike Stuart.
Bowen admitted that on November 21, 2015, Huntington police officers came to her residence located at 1441 7th Avenue, Apartment 5, in response to a reported domestic dispute. When officers arrived, they found Bowen in the residence and observed multiple items consistent with drug distribution. Officers secured a search warrant for Bowen’s residence and during the search, officers seized approximately 300 grams of heroin, 27 grams of cocaine base, and 155 grams of marijuana. Bowen admitted that she intended to sell the drugs.
The Federal Bureau of Investigation and the Huntington Police Department conducted the investigation. United States District Judge Robert C. Chambers imposed the sentence. Assistant United States Attorney Joseph F. Adams handled the prosecution.
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Detroit Man Sentenced for His Role in Federal Drug ConspiracyRead the Press Release
HUNTINGTON, W.Va. – A Detroit, Michigan man was sentenced to 12 months in prison and three years of supervised release for his role in a federal drug conspiracy, announced United States Attorney Mike Stuart. Tevin Robinson, 26, previously admitted that in April 2017 he came to Huntington with the intent to distribute oxycodone and Xanax. Officers conducted a traffic stop on the vehicle in which Robinson was a passenger on Interstate 64. Officers located more than 200 oxycodone pills and 53 Xanax pills.
“Far too many Detroit drug dealers have flooded Huntington and Charleston with opioids and other addictive and dangerous drugs. I have been laser focused on holding out of state drug peddlers accountable for the harm they have caused in our communities.” United States Attorney Mike Stuart said.
The investigation was conducted by the Violent Crime and Drug Task Force West.
United States District Judge Robert C. Chambers imposed the sentence. Assistant United States Attorney Stephanie S. Taylor handled the prosecution.
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South Charleston Man Pleads Guilty to Federal Drug CrimeRead the Press Release
CHARLESTON, W.Va. – A South Charleston man has pled guilty to a drug crime, announced United States Attorney Mike Stuart. Clay Dempsey, 37, pled guilty to aiding and abetting the possession with intent to distribute a quantity of fentanyl.
“Our cities and towns have had enough of drug peddlers and the mules they get to transport their poison,” United States Attorney Mike Stuart said. “My office has successfully and aggressively cleaned up many of our streets from drugs and every day we are making West Virginia a safer place to live.”
Dempsey admitted on January 27, 2020, at co-defendant Troskey Banks’ direction, he drove to Cleveland, Ohio and met with an individual. That individual then directed him to a location where a maroon minivan was parked. Dempsey switched the van he drove to Cleveland and drove the maroon minivan back to South Charleston. Banks directed him to park the minivan at a specific address in South Charleston. Dempsey parked the van at the location directed by Banks with the intent to come back later and meet with Banks to allow him to get inside the van and retrieve the controlled substances stored inside. Dempsey admitted that he knew that the purpose of his trip was to bring back controlled substances for Banks to distribute. Officers with the South Charleston Police Department later searched the van and 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.
Dempsey faces up to 20 years in prison when sentenced on October 28, 2020. Banks is scheduled for trial on July 27, 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 D. Coleman and third-year law student intern Richard McCutcheon handled today’s plea hearing.
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Operation Shutdown Corner Update: Beckley Man Pleads Guilty to Federal Drug and Gun CrimesRead the Press Release
BECKLEY, W.Va. – A Beckley man pled guilty today for his participation in a drug trafficking operation in Raleigh County, announced United States Attorney Mike Stuart. Oyontikeyta Jones, 41, pled guilty to conspiracy to distribute more than 500 grams of a substance containing methamphetamine and to being a felon in possession of a firearm. Jones was one of 17 defendants charged in federal court as a result of a long-term investigation known as Operation Shutdown Corner.
“When we get gun toting drug dealers like Jones off of our streets, it is a big win for West Virginia communities,” United States Attorney Mike Stuart said. “I commend the work of all the agencies that helped bring the members of this particular drug trafficking organization to justice.”
At the plea hearing it was established that between June 2018 and September 17, 2019, Jones worked with other members of a drug trafficking organization (DTO) to facilitate the distribution of methamphetamine in Raleigh County. During this time period, Jones had methamphetamine shipped from California to the Southern District of West Virginia. This was accomplished by having packages delivered to other members of the DTO. Jones or others would then give directions on where the drugs should be delivered. More specifically, on August 9, 2019, a package from California was delivered to a residence in Bluefield. Jones directed the recipient of that package to bring the package to Raleigh County, and meet him at a specified location. After Jones was picked up by the other member, a traffic stop was made in Beckley on the car that Jones was a passenger. When the officer approached the car, Jones fled on foot but was later apprehended at a nearby business. During a search of the car, officers found the package that had just been shipped from California. The package contained approximately two pounds of methamphetamine.
Additionally, during the hearing, it was established that on August 6, 2019, officers with the Raleigh County Sheriff’s Department approached Jones while he was stopped on the side of the road. At this time, officers found a Glock, model 26, 9mm semi-automatic pistol. It also was established that earlier that same day, Jones was observed on video surveillance possessing that same firearm. Jones knew that he was prohibited from possessing any firearm due to being convicted of another felony offense in California. The United States was able to establish that the firearm was operable and traveled in and affected interstate commerce.
Stuart commended the cooperative investigative efforts of the Federal Bureau of Investigation (FBI), the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), the United States Postal Inspection Service (USPIS), the Beckley/Raleigh County Drug and Violent Crimes Task Force, the Raleigh County Sheriff’s Office, the Beckley Police Department and the West Virginia State Police.
Jones faces a mandatory minimum period of 10 years and up to life in prison, and a fine of up to $10 million when he is sentenced on October 2, 2020.
Assistant United States Attorney Timothy D. Boggess is in charge of the prosecutions. The plea hearing was held before United States District Judge Frank W. Volk.
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Mexican National Pleads Guilty to Unlawful Possession of AmmunitionRead the Press Release
HUNTINGTON, W.Va. – A Mexican national who was in the United States illegally has pled guilty to possessing .40 caliber ammunition, according to United States Attorney Mike Stuart. Juan Martin Sotelo-Rodriguez, 26, pled guilty to unlawful possession of ammunition in federal court in Huntington.
“Entered our great nation illegally and violated federal firearm laws - both bad,” United States Attorney Mike Stuart said. “I enforce and will continue to vigorously enforce the nation’s immigration laws and federal gun laws. This is a matter of public safety and my team will do all it can to ensure the safety of our citizens.”
On October 25, 2019, Sotelo-Rodriguez was operating a car on Beechwood Drive in Huntington when he was stopped by a patrol officer with the Huntington Police Department. During the stop, Sotelo-Rodriguez was found to be intoxicated and was arrested for driving under the influence. Officers then located and seized multiple rounds of .40 caliber ammunition laying in the driver’s seat of the vehicle. Sotelo-Rodriguez admitted that he possessed the ammunition. Sotelo-Rodriguez also admitted that he was a citizen of Mexico and not a citizen or national of the United States, that he was illegally and unlawfully present in the United States, and therefore, was prohibited from possessing ammunition.
Sotelo-Rodriguez faces up to 10 years in prison when sentenced on September 21, 2020. Pursuant to his plea agreement, he also will be subject to removal proceedings.
The United States Immigration and Customs Enforcement (ICE) and the Huntington Police Department conducted the investigation. United States District Judge Robert C. Chambers presided over the hearing. Assistant United States Attorney Joseph F. Adams is handling the prosecution.
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Huntington Man Sentenced for Federal Meth ConvictionRead the Press Release
HUNTINGTON W.Va. – A Huntington man has been sentenced to 87 months in federal prison on a drug charge, announced United States Attorney Mike Stuart. Stewart Longworth Jordan, III, 27, previously pled guilty to attempted possession with intent to distribute 50 grams or more of methamphetamine after postal inspectors seized a large quantity of methamphetamine in the mail in 2018.
“Mr. Jordon was peddling in the very poisons that have deeply harmed our communities and our families,” said United States Attorney Mike Stuart. “We stopped him before he was able to distribute that poison in Huntington and beyond. Law enforcement okayed a critical role in protecting our community and families from more damage.”
On November 9, 2018, an inspector with the United States Postal Inspection Service located a package in the Huntington Post Office which had been mailed from Nevada and which was found to contain over two pounds of methamphetamine. Inspectors subsequently delivered the package to a residence in Huntington and Jordan arrived at the residence to collect the package. Jordan was arrested and admitted in court that he intended to sell the methamphetamine.
The United States Postal Inspection Service, the West Virginia State Police and Violent Crime and Drug Task Force West conducted the investigation. United States District Judge Robert C. Chambers imposed the sentence. Assistant United States Attorney Joseph F. Adams handled the prosecution.
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Greenbrier County Woman Pleads Guilty to Wire FraudRead the Press Release
BECKLEY, W.Va. – A Greenbrier County woman pled guilty to a wire fraud charge today, according to United States Attorney Mike Stuart. Cathy Byers, 44, of Renick, pled guilty to one count of wire fraud. Byers faces up to 20 years in prison when sentenced on October 2, 2020.
“Ms. Byers betrayed the trust given to her by using the union’s bank account as her own to pay personal expenses. The union members’ hard earned money was her personal piggy bank,” said United States Attorney Mike Stuart. “We prosecute cases like this to hold fraudsters accountable, protect the victims, and to seek restitution.”
Byers used her position as the treasurer of a local union to defraud the union of approximately $22,000 by using the union’s bank card to make numerous purchases of personal items.
The Department of Labor, through its Office of Inspector General and Office of Labor Management Standards, conducted the investigation. United States District Court Judge Frank W. Volk presided over the plea hearing. Assistant United States Attorney Kathleen Robeson is handling the prosecution.
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Charleston Man Pleads Guilty to Role in Multi-State Heroin ConspiracyRead the Press Release
HUNTINGTON, W.Va. – A Charleston man who participated in a conspiracy which saw large quantities of heroin transported from Akron, Ohio and distributed in the Southern District of West Virginia pled guilty today in federal court in Huntington, West Virginia, announced United States Attorney Mike Stuart. Weston Dallas McDaniels, 34, entered guilty pleas to conspiracy to distribute and possession with intent to distribute 100 grams or more of heroin.
“Law enforcement agencies and prosecutors are working together like never before to dismantle multi-state drug trafficking networks funneling large quantities of deadly drugs into our communities,” United States Attorney Mike Stuart said. “We are holding these pushers, peddlers and traffickers accountable for the tragic addiction and chaos they cause in our communities.”
McDaniels admitted that during the month of September 2019, he participated in a conspiracy with multiple individuals to distribute heroin in the Charleston area. During the conspiracy, McDaniels was directed to a source of supply for heroin in Akron, Ohio. McDaniels and the source met in Akron on multiple occasions where the source provided McDaniels with heroin. McDaniels then transported the heroin to the Southern District of West Virginia where it was sold. On September 13, 2019, McDaniels acquired an additional amount of heroin from the source in Akron and was subsequently stopped by the Ohio State Highway Patrol. A trooper located and seized the heroin and McDaniels admitted that he was transporting the heroin to West Virginia. A chemist later determined that the heroin also contained fentanyl and weighed in excess of 300 grams.
McDaniels faces five to 40 years in federal prison when he is sentenced on September 21, 2020.
This joint investigation was spearheaded by the Federal Bureau of Investigation (FBI). Other agencies which participated and assisted in the investigation include the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), the Violent Crime and Drug Task Force West, the Metropolitan Drug Enforcement Network Team (MDENT), the West Virginia State Police, the Drug Enforcement Administration (DEA) Task Force, the Beckley/Raleigh County Drug and Violent Crime Unit, the United States Marshals Service, the Cabell County Sheriff’s Department, the Charleston Police Department, the Putnam County Sheriff’s Department, the Ohio State Highway Patrol, the Akron, Ohio Police Department, and the Brecksville, Ohio Police Department. United States District Judge Robert C. Chambers presided over the hearing. Assistant United States Attorney Joseph F. Adams is handling the prosecution.
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U.S. Attorney Mike Stuart Welcomes Three New Prosecutors from Across the CountryRead the Press Release
CHARLESTON, W.Va. – U.S. Attorney Mike Stuart announced that three new Assistant U.S. Attorneys (AUSAs) have joined his team -- Ryan Blackwell, Courtney Cremeans and Nick Miller. The AUSAs took the Oath of Office before Senior United States District John T. Copenhaver, Jr. today.
“From right here in Almost Heaven West Virginia to the hills of Tennessee to the surf and sun of southern California, we are building and restocking the U.S. Attorney’s Office for the Southern District of West Virginia with a remarkable team of talent from across the nation,” U.S. Attorney Mike Stuart said. “These new prosecutors have hit the ground running. We are excited that each of them has joined our team.”
Blackwell is a graduate of the Cumberland School of Law and East Tennessee State University. Before joining the U.S. Attorney’s Office, he was a prosecutor in the Third Judicial District Attorney’s Office in Hawkins County, Tennessee.
Cremeans is a graduate of New York Law School and West Virginia University. She was previously an Assistant Prosecuting Attorney in the Cabell County Prosecuting Attorney’s Office.
Miller is a graduate of the University of San Francisco School of Law and its undergraduate school. For the past nine years, he was a Deputy District Attorney in the Orange County District Attorney’s Office in California.
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Project Guardian Update: Two Appear in Federal Court on Gun ChargesRead the Press Release
CHARLESTON, W.Va. -- One man was sentenced and another man pled guilty this week to being felons in possession of a firearm, according to United States Attorney Mike Stuart.
Ronald Lucas, 36, of Craigsville, was sentenced to 48 months in prison. He previously admitted that on May 10, 2019, law enforcement officers with the Nicholas County Sheriff’s Department were serving an arrest warrant at his home in Craigsville for a separate offense. Lucas answered the door wearing an empty nylon holster. When the officers asked where the gun was located, he indicated that it was inside the residence on a bed. When an officer went inside the residence to secure it, a loaded 9 millimeter pistol with a filed off serial number was located and seized. The Nicholas County Sheriff’s Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) conducted the investigation. Senior United States District Judge John T. Copenhaver, Jr. imposed the sentence. Assistant United States Attorney Andrew Tessman handled the prosecution.
Akeem R. Dickerson, 28, of Princeton, pled guilty to being a felon in possession of a firearm after admitting that on August 31, 2019, an officer with the Princeton Police Department pulled him over for not wearing his seatbelt while he was driving. During the traffic stop, the officer smelled marijuana. When asked about the marijuana smell, Dickerson admitted that he did in fact have some marijuana in the car and he also admitted that he had a gun. The officer then searched the car with Dickerson’s consent. The officer found a Springfield, model XDS, .45 caliber semi-automatic handgun. Dickerson admitted that he knew he was not supposed to possess any firearms because he was a convicted felon. Dickerson was prohibited from possessing any firearm under federal law because he was previously convicted in 2012 in McDowell County Circuit Court of the felony offenses of voluntary manslaughter and wanton endangerment with a firearm. Dickerson faces up to 10 years in federal prison and a $250,000.00 fine, to be followed by up to three years of supervised release when he is sentenced on September 14, 2020. Assistant United States Attorney Timothy D. Boggess is in charge of the prosecution. The plea hearing was held before Senior United States District Judge David A. Faber.
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 listed above. For more information about Project Guardian, please see: https://www.justice.gov/projectguardian.
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Putnam County Man Sentenced to 10 Years in Federal Prison for Child Pornography OffenseRead the Press Release
HUNTINGTON, W.Va. – A Hurricane man was sentenced to federal prison for a child pornography offense, announced United States Attorney Mike Stuart. Christopher Charles Hirst, 26, was sentenced to 10 years in prison for receipt of child pornography. Following his release from prison, Hirst will serve a term of 20 years on supervised release and will be required to register as a sex offender.
“Predators like Hirst are a parent’s worst nightmare,” United States Attorney Mike Stuart said. “My team and our federal, state and local law enforcement partners are committed to protecting West Virginia’s children. We will bring the full force of the law against child sex offenders.”
Hirst previously admitted that beginning in approximately August 2018 he began a relationship with a 14-year-old girl from Putnam County. During the course of that relationship, Hirst repeatedly asked the minor to send him sexually explicit photographs via the Snapchat app. When the minor ultimately sent the images, Hirst preserved those images without the minor’s knowledge. Hirst also admitted to taking several sexually explicit images of the minor in person, including one depicting them engaged in a sexual act.
The Putnam County Sheriff’s Department and the U.S. Department of Homeland Security-Homeland Security Investigations conducted the investigation. United States District Judge Robert C. Chambers 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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Louisiana Man Enters Guilty Plea for Health Care FraudRead the Press Release
Defendant fraudulently obtained over $150,000
CHARLESTON, W.Va. – Edward Stephen entered a guilty plea for federal health care fraud, announced United States Attorney Mike Stuart. Stephen, 61, of Baton Rouge, Louisiana, faces up to 10 years of incarceration, a $250,000 fine, and three years of supervised release when he is scheduled to be sentenced on October 28, 2020. He also will be subject to an order of restitution for $151,660.53, with the final determination to be made by the court at sentencing.
“For 12 years Mr. Stephen lied to get federal health insurance for ineligible family members,” United States Attorney Mike Stuart said. “Let this be a clear message, if you are cheating the system we will find you.”
Stephen was a federal employee with the United States Department of Transportation Federal Highway Administration. As a federal employee, he was eligible for health insurance provided by the federal government. Stephen fraudulently enrolled extended family members into his federal health care plan knowing they were not eligible for federal health care benefits. Specifically, Stephen enrolled his sister as though she was his wife and his niece as though she was his stepchild so that they would obtain federal health care coverage they were not entitled to receive. This scheme lasted from 2005 to 2017 and included several years where Stephen resided in and worked in Charleston, West Virginia as a federal employee. When investigators learned of the fraud, Stephen gave a statement to investigators with Department of Transportation Office of Inspector General, in which he admitted that he fraudulently placed his extended family members on his federal insurance knowing they were not entitled to receive benefits. In total, the health insurance company was defrauded out of $151,660.53 in fraudulent premium payments and reimbursements.
Stuart praised the work of the Department of Transportation Office of Inspector General and the Office of Personnel Management Office of Inspector General. The investigation was conducted by members of the United States Attorney’s Healthcare Fraud Abuse, Recovery and Response Team (ARREST), an 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 health care matters.
United States District Judge Irene C. Berger presided over the plea hearing. Assistant United States Attorney Erik S. Goes handled the prosecution.
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High School Spanish Teacher Pleads Guilty to Traveling to Have Sex with Student and Adderall DistributionRead the Press Release
HUNTINGTON, W.Va. – A former high school Spanish teacher from Huntington, West Virginia pled guilty to traveling across state lines to have sex with one of her students, announced United States Attorney Mike Stuart. Amy Adkins, 30, pled guilty to travel with intent to engage in illicit sexual conduct and distribution of Adderall.
“No teacher should ever behave this way. This isn’t what we expect when a high school student signs up to learn Spanish. Teachers should be role models, not models of despicable behavior. Adkins was supposed to be teaching Spanish – not providing drugs and engaging in sex with them,” United States Attorney Mike Stuart said. “Protecting children is a priority in my office and we will prosecute anyone putting them in harm’s way.”
Adkins admitted that while she was a Spanish teacher at Fairland High School in Proctorville, Ohio during the 2017 to 2018 academic year, she communicated frequently with one of her young male students on social media. This student was under 16 years old at the time. On April 7, 2018, Adkins admits that she drove from her home in Huntington, to Ohio, where she picked up this underage student, and brought him back to Huntington with the intent to engage in illicit sexual conduct with the student. Ultimately, Adkins had sex with the victim that day at her home in Huntington.
In addition to traveling with the intent to engage in illicit sexual conduct, Adkins also admitted that from September 2017 to May 2018 she frequently sold a portion of her Adderall prescription to her friends and acquaintances. Specifically, Adkins admitted that she sold one close friend five pills of Adderall on March 9, 2018. Adderall is a Schedule II controlled substance.
Adkins faces up to eight years in prison when sentenced on September 8, 2020 in Huntington.
The Federal Bureau of Investigation, the West Virginia State Police, and the Lawrence County, Ohio, Department of Job and Family Services conducted the investigation. United States District Judge Robert C. Chambers presided over the hearing. Assistant United States Attorney Kristin F. Scott is handling the prosecution.
This case was prosecuted as part of Project Safe Childhood, a nationwide initiative of the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorney’s Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute those who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
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Charleston Man Sentenced to 130 Months in Prison for Federal Drug and Gun CrimesRead the Press Release
CHARLESTON, W.Va. – A Charleston man was sentenced to federal prison for drug and gun crimes, announced United States Attorney Mike Stuart. Lawrence Moles II, 36, was sentenced to 130 months in prison and five years of supervised release for possession with intent to distribute 50 grams or more of methamphetamine and possession of a firearm in furtherance of drug trafficking.
“Drugs and guns…what a dangerous combination and a dangerous situation for the people of West Virginia,” United States Attorney Mike Stuart said. “Charleston is safer having this man in prison.”
Moles previously admitted that on December 14, 2018, detectives with the Metropolitan Drug Enforcement Network Team (MDENT) executed a search warrant at his residence and recovered a Glock, model 21, .45 caliber pistol in his bedroom, as well as 102 grams of methamphetamine, a Springfield, model XD-45, .45 caliber pistol, and a Bryco, model Jennings Nine, 9mm caliber pistol from a safe in his kitchen. The safe also contained digital scales and alleged drug packaging. Moles admitted the methamphetamine was possessed to be distributed and he received a sentencing enhancement because he was using his residence to store the methamphetamine. Moles had previously been convicted on January 20, 2017, in the Circuit Court of Kanawha County for receiving a stolen vehicle.
The Metropolitan Drug Enforcement Network Team conducted the investigation. Senior United States District Judge John T. Copenhaver, Jr. imposed the sentence. Former Assistant United States Attorney Ryan Saunders and Assistant United States Attorney Nowles Heinrich handled the prosecution.
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Charleston Man Sentenced for Involvement in Akron to West Virginia Meth ConspiracyRead the Press Release
HUNTINGTON W.Va. – A Charleston man who participated in a conspiracy that involved large quantities of methamphetamine which were transported from Akron, Ohio and sold in West Virginia was sentenced today to 30 months in federal prison, announced United States Attorney Mike Stuart. Bruce David Angeli, 58, previously pled guilty to conspiracy to distribute 50 grams or more of methamphetamine.
“Another drug dealer is off the streets,” United States Attorney Mike Stuart said. “I commend the collaborative, multi-jurisdictional law enforcement effort that brought an end to this meth trafficking conspiracy.”
Angeli admitted that between May and June of 2019, he participated with multiple individuals to distribute methamphetamine in the Southern District of West Virginia. During the conspiracy, Angeli frequently obtained quantities of methamphetamine which were transported by other co-conspirators from Akron, Ohio to be sold in multiple cities in West Virginia including Huntington and Charleston. Once Angeli was supplied with the methamphetamine, he would distribute it to other individuals in various amounts. As part of his plea agreement, Angeli admitted that he was responsible for distributing up to 200 grams of methamphetamine.
This joint investigation was spearheaded by the Federal Bureau of Investigation (FBI). Other agencies which participated and assisted in the investigation include the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), the Violent Crime and Drug Task Force West, the Metropolitan Drug Enforcement Network Team (MDENT), the West Virginia State Police, the Drug Enforcement Administration (DEA) Task Force, the Beckley/Raleigh County Drug and Violent Crime Unit, the United States Marshals Service, the Cabell County Sheriff’s Department, the Charleston Police Department, the Putnam County Sheriff’s Department, the Ohio State Highway Patrol, the Akron, Ohio Police Department, and the Brecksville, Ohio Police Department. United States District Judge Robert C. Chambers imposed the sentence. Assistant United States Attorney Joseph F. Adams handled the prosecution.
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Two Out-of-State Men Sentenced to Federal Prison for Drug CrimesRead the Press Release
HUNTINGTON, W.Va. – Two out-of-state men were sentenced to federal prison today for drug crimes, announced United States Attorney Mike Stuart. Alonzo Wayne Clay, Jr., 31, of Austin, Texas, and Demaurea Davis, 23, of Akron, Ohio, were each sentenced to 70 months in prison and three years of supervised release.
“Carfentanil, which is an elephant tranquilizer, crack cocaine and ecstasy are off the streets and so are the perpetrators, thanks to the great work of the Huntington Police Department,” United States Attorney Mike Stuart said. “We’re taking back the streets of Huntington from out-of-state drug dealers -- one case at a time.”
Clay previously pled guilty to possession with intent to distribute crack cocaine. On September 18, 2019, he fled from officers in his vehicle. Once he stopped his vehicle, officers found approximately 25 grams of crack cocaine and 1,000 ecstasy pills in his vehicle. He admitted he intended to sell the crack cocaine and the ecstasy pills.
In an unrelated case, Davis previously admitted that while serving home confinement for a Cabell County sentence, he possessed approximately 40 grams of heroin and carfentanil in his residence. On January 29, 2018, officers searched his residence and located approximately 40 grams of heroin and carfentanil. Davis admitted that he intended to sell the heroin and carfentanil.
The Huntington Police Department conducted the investigations. United States District Judge Robert C. Chambers imposed the sentences. Assistant United States Attorney Stephanie Taylor handled the prosecutions.
The Davis investigation was 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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Operation X-Nation Update: Two Pennsylvania Men Enter Guilty Pleas to Federal Drug CrimesRead the Press Release
BLUEFIELD, W.Va. – Two Pennsylvania men pled guilty today for their participation in a drug trafficking operation in Mercer County, announced United States Attorney Mike Stuart. Sezar Hamilton, 39, pled guilty to conspiracy to distribute hydromorphone and Alonzo Wooden, 44, pled guilty to conspiracy to distribute cocaine and oxymorphone. Both men were charged as a result of a long-term, multi-state investigation known as Operation X-Nation.
“Drug traffickers are off the streets as a result of Operation X-Nation,” United States Attorney Mike Stuart said. “My office will continue to prosecute individuals and organizations that push and peddle their poisons in West Virginia.”
Hamilton admitted that between August 2017 and August 31, 2019, he participated in a drug trafficking organization (DTO) operating in Mercer County, West Virginia. During this time period Hamilton worked with other members of the DTO to acquire and distribute prescription pills in and around Mercer County, within the Southern District of West Virginia. More specifically, Hamilton admitted to selling hydromorphone pills to an individual he now knows was a confidential informant. Hamilton admitted that the informant would call another member of the DTO who would direct the informant to meet Hamilton or other members of the DTO at a specific location. That location was a trailer park in Princeton where the other member owned several trailers. When the informant arrived, Hamilton sold hydromorphone on at least two separate occasions.
Wooden admitted to operating in the same manner. He admitted that between August 2017 and August 31, 2019, he participated in the same drug trafficking organization as Hamilton and others. During this same time period, Wooden admitted to selling drugs on at least four separate occasions. He also admitted that confidential informants would call another member of the DTO, who would direct the informants on where to go. Again, the informants would go to specified locations or trailers owned by the other member of the DTO and then Wooden, or another member, would distribute the controlled substances. Wooden further admitted that on one occasion he distributed cocaine, and on three separate occasions he distributed oxymorphone.
Both Hamilton and Wooden face up to 20 years in federal prison and $1 million fine, to be followed by at least three years of supervised release when they are sentenced on September 14, 2020 in Bluefield.
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 is in charge of the prosecutions. The plea hearings were held before Senior United States District Judge David A. Faber.
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Three Men Plead Guilty to Federal Immigration CrimesRead the Press Release
CHARLESTON W.Va. – Three men entered guilty pleas for federal immigration offenses, announced United States Attorney Mike Stuart. Neftali Catalan-Garcia, 33, Jose Aleman-Pineda, 49, and Ezequiel De Dios-Delgado, 24, all pled guilty to the felony offense of reentry of a removed alien. At the request of all three defendants, the court immediately proceeded to sentencing, where all men were sentenced and given credit for the time they had previously served. All three men were immediately remanded to Immigrations and Customs Enforcement (ICE) for that agency to begin administrative deportation proceedings.
“Four prior removals and a felony conviction between them,” said United States Attorney Mike Stuart. “We will continue to prosecute line skippers. No one likes a line skipper whether it’s at the border or Disney World. Those wanting to live in the United States must abide by our immigration laws and the process to enter our country legally.”
Neftali Catalan-Garcia was believed to be working in Nitro, West Virginia when ICE agents received information that he was in the country illegally. A targeted investigation located him on December 4, 2019. Catalan-Garcia admitted being in the United States illegally and that he had been previously removed from the United States to Guatemala. Catalan Garcia is a citizen of Guatemala. His fingerprints matched him to one prior removal and a prior felony conviction in United States District Court in Texas for the misuse of a social security number. Catalan-Garcia has been in federal custody for approximately seven months.
Jose Aleman-Pineda and Ezequiel De Dios-Delgado were both found in South Charleston, West Virginia after a targeted investigation by ICE on January 30, 2020. Aleman-Pineda admitted being in the United States illegally and his fingerprints matched two prior removals from Texas. He is a citizen of Honduras and has been in federal custody since January 30, 2020. Delgado also admitted being in the United States illegally and has a prior from Arizona. He is a citizen of Mexico. Like Aleman-Pineda, Dios-Delgado has been in federal custody since January 30, 2020.
Senior United States District Judge John T. Copenhaver, Jr. imposed the sentences. Assistant United States Attorney Erik S. Goes handled the prosecutions.
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Operation Shutdown Corner Update: Two Defendants Appear in Federal CourtRead the Press Release
BECKLEY, W.Va. – One defendant was sentenced to federal prison and another pled guilty today for their participation in a drug trafficking organization operating between California and Raleigh County, West Virginia, announced United States Attorney Mike Stuart.
“Dove and Howell were arrested and charged as a result of Operation Shutdown Corner, a long-term investigation that dismantled a significant drug trafficking organization,” United States Attorney Mike Stuart said. “I commend the cooperative efforts of federal, state and local law enforcement agencies for their work in shutting down this multi-state methamphetamine pipeline.”
David Dove, 49, of Scarbro, was sentenced to 75 months in prison, to be followed by a five-year term of supervised release, for conspiring to distribute 50 grams or more of methamphetamine. Dove previously admitted that between June 2018 and September 17, 2019, he worked with other members of a drug trafficking organization (DTO) operating in Raleigh County, West Virginia to distribute methamphetamine. Dove admitted that during this time period he supplied other members of the drug trafficking organization with distribution quantities of methamphetamine knowing that it was the plan and purpose that the other members would resell the methamphetamine illegally. Dove admitted to now knowing he was participating in recorded conversations regarding drug activity and to meeting with other members of the DTO to distribute and exchange controlled substances. Dove also admitted that when he was arrested, law enforcement officers found two “eight-balls” of methamphetamine that he intended to distribute. Dove admitted that he was responsible for distributing between 1.5 kilograms and 5 kilograms of methamphetamine during this time period.
Clifford Howell, 31, of Eastpointe, Michigan, pled guilty to conspiracy to distribute more than 100 grams of heroin. Howell faces a mandatory minimum period of not less than five years and up to 40 years in prison, and a fine of up to $5 million when he is sentenced on September 18, 2020. Howell admitted that between June 2018 and September 17, 2019, he worked with other members of the DTO to distribute heroin. During this time period, Howell admitted to traveling to Michigan to obtain heroin, then returning to the Southern District of West Virginia to supply other members of the DTO with the heroin. Howell admitted that during this time period he supplied other members of the DTO with more than 100 grams of heroin, knowing it was the plan and purpose of the other members to redistribute the drugs within the Southern District of West Virginia.
Operation Shutdown Corner was a joint investigative effort of the Federal Bureau of Investigation (FBI), the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), the United States Postal Inspection Service (USPIS), the Beckley/Raleigh County Drug and Violent Crimes Task Force, the Raleigh County Sheriff’s Office, the Beckley Police Department and the West Virginia State Police.
Assistant United States Attorneys Timothy D. Boggess and Andrew Tessman are handling the prosecutions. United States District Judge Frank W. Volk presided over the hearings.
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Charleston Man Pleads Guilty to Federal Gun CrimeRead the Press Release
CHARLESTON, W.Va. – A Charleston man has pled guilty to a gun crime, according to United States Attorney Mike Stuart. Dakota Santonia, 24, pled guilty to being a felon in possession of a firearm.
Santonia admitted that on January 20, 2019, he knowingly possessed a stolen Smith and Wesson Model 60-7 .38 special revolver and ammunition in Charleston, when he knew he had been previously convicted of first degree robbery and therefore was not allowed to possess that firearm or ammunition.
Santonia faces up to 10 years in prison when sentenced on October 21, 2020.
The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and the Charleston Police Department conducted the investigation. United States District Judge Irene C. Burger presided over the hearing. Assistant United States Attorney Negar M. Kordestani is handling the prosecution.
This case is being prosecuted as part of the Project Safe Neighborhoods (PSN) program, the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
These case also was part of Project Guardian, the Department of Justice’s signature initiative to reduce gun violence and enforce federal firearms laws. Initiated by the Attorney General in the fall of 2019, Project Guardian draws upon the Department’s past successful programs to reduce gun violence; enhances coordination of federal, state, local, and tribal authorities in investigating and prosecuting gun crimes; improves information-sharing by the Bureau of Alcohol, Tobacco, Firearms and Explosives when a prohibited individual attempts to purchase a firearm and is denied by the National Instant Criminal Background Check System (NICS), to include taking appropriate actions when a prospective purchaser is denied by the NICS for mental health reasons; and ensures that federal resources are directed at the criminals posing the greatest threat to our communities. The United States Attorney’s Office has prosecuted 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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Operation Free Market Update: Two Men Sentenced to PrisonRead the Press Release
HUNTINGTON, W.Va. – Two Huntington men were sentenced to federal prison today as part of Operation Free Market, a long-term drug investigation in Huntington, according to United States Attorney Mike Stuart.
“Operation Free Market took out a significant fentanyl and heroin drug trafficking organization operating between Detroit and Huntington,” said United States Attorney Mike Stuart. “Our work is paying off. As we take more and more purveyors of these poisons off the streets, we are seeing reductions in opioid-related overdose deaths.”
George Lockhart, 44, was sentenced to eight years in prison for his role in a federal drug conspiracy and a gun crime. He previously pled guilty to an indictment charging him with conspiracy to distribute heroin and fentanyl and being a felon in possession of a firearm. Lockhart previously admitted that between December 2018 and May 2019 he conspired with other individuals to distribute heroin and fentanyl in Huntington, West Virginia. Lockhart admitted other individuals sold drugs for him at his direction. He also admitted to possessing a firearm during a search warrant in May 2019. He was prohibited by federal law to possess a firearm because he had been convicted of voluntary manslaughter in January 2011.
Bryant Holloway, 41, was sentenced to five years in prison for selling fentanyl. He pled guilty on April 24, 2019 to selling 95 grams of fentanyl to a confidential informant for $10,000. The investigation was a joint effort by the Drug Enforcement Administration (DEA) and the Violent Crime and Drug Task Force West.
United States District Judge Robert C. Chambers imposed the sentences. Assistant United States Attorney Stephanie S. Taylor handled the prosecutions.
Operation Free Market was a long-term drug investigation in the Huntington area. 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.
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Ohio Man Pleads Guilty to Drug and Gun CrimesRead the Press Release
CHARLESTON, W.Va. – A Dayton, Ohio man pled guilty to drug and gun crimes, announced United States Attorney Mike Stuart. Keenan Watson, 24, pled guilty to possession with intent to distribute methamphetamine and possession of a firearm in furtherance of a drug trafficking crime.
“7 million people or more than 4 times the population of West Virginia. That’s how many people could have died had the fentanyl in this case hit the streets and that doesn’t include the massive amount of meth or the guns,” said United States Attorney Mike Stuart. “Another out-of-state poison peddler that will be ‘hosted’ by a federal prison for potentially the rest of his life, Watson was caught with 209 grams of meth, 135 grams of fentanyl and two guns – a dangerous and deadly combination. Excellent work by the DEA and the Parkersburg Police Department. I will continue to work with our law enforcement partners to identify and prosecute gun-toting drug dealers to keep West Virginia families safe.”
Watson admitted that on Aug. 27, 2019, law enforcement officers executed a search warrant in Parkersburg, West Virginia. Watson was inside that residence and ran outside when the officers entered. He ran from the officers until they were able to catch up and arrest him. Officers removed two handguns from Watson and also recovered approximately 209 grams of methamphetamine, and approximately 135 grams of what later proved to be fentanyl from a bag that he was carrying. Watson admitted that he possessed both guns to protect himself, the quantity of methamphetamine and fentanyl that he possessed, and any proceeds from the sales of those drugs.
Watson faces up to life in prison when sentenced on Oct. 21, 2020.
The Drug Enforcement Administration (DEA) and the Parkersburg Police Department conducted the investigation. United States District Judge Irene C. Berger presided over the hearing. Assistant United States Attorney L. Alexander Hamner is handling the prosecution.
These cases are part of Project Guardian, the Department of Justice’s signature initiative to reduce gun violence and enforce federal firearms laws. Initiated by the Attorney General in the fall of 2019, Project Guardian draws upon the Department’s past successful programs to reduce gun violence; enhances coordination of federal, state, local, and tribal authorities in investigating and prosecuting gun crimes; improves information-sharing by the Bureau of Alcohol, Tobacco, Firearms and Explosives 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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Huntington Man Pleads Guilty to Selling Heroin and MethamphetamineRead the Press Release
HUNTINGTON, W.Va. – A Huntington man has pled guilty to a drug crime, announced United States Attorney Mike Stuart. Londel Sanders, 26, pled guilty to selling heroin and methamphetamine.
“Operation SOS is an important priority for the Department of Justice and this is a great example of its results. Great work by the Violent Crime and Drug Task Force West and the Cabell County Sheriff’s Department for getting this drug dealer off the streets,” said United States Attorney Mike Stuart.
Sanders admitted that he sold heroin to an informant in March and April 2019. He also admitted to selling methamphetamine to an informant in June 2019. He faces up to 20 years in prison when sentenced on September 8, 2020.
The Violent Crime and Drug Task Force West and the Cabell County Sheriff’s Department conducted the investigation. United States District Judge Robert C. Chambers presided over the hearing. Assistant United States Attorney Stephanie Taylor is handling the prosecution.
This case was prosecuted as 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.
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Federal Health Care Fraud Defendant Found After Extensive Two Day SearchRead the Press Release
BECKLEY, W.Va. – Julie M. Wheeler, a federal defendant that reportedly fell into the New River Gorge National River from the Grandview overlook on Sunday, May 31, 2020, was found hiding in a closet at her Beaver home yesterday. Both Wheeler and her husband, Rodney Wheeler, were arrested by the West Virginia State Police on several state charges in connection with faking a missing person’s report. Wheeler is scheduled to be sentenced on June 17, 2020 for a federal health care fraud conviction, for which she faces up to 10 years in prison. She pled guilty to the charge in February 2020. As part of her plea agreement, Wheeler will also pay an amount of restitution ranging from $302,131 to $469,983, to be determined by the Court at sentencing.
Officers from several federal, state and local law enforcement agencies, along with rescue crews, began their extensive two day search for Wheeler after a 911 call was placed Sunday evening. The search and rescue efforts included a search by helicopter and a search on foot using a rope line to go down into the jagged, deep canyon of the New River Gorge.
“It is hard to hide at home,” said United States Attorney Mike Stuart. “My team is in close communication with the Raleigh County Prosecutor and the West Virginia State Police. We are monitoring the developments in the Wheeler investigation. We are conducting a thorough federal investigation at this time. I have directed federal resources to ensure we bring every appropriate federal charge – against Ms. Wheeler and any other persons involved in this matter. I want to commend the excellent investigative work of the West Virginia State Police and all those involved in her search and rescue. West Virginia law enforcement professionals are real pros and they utilized critical resources and risked their lives to try to save or recover the defendant from what was falsely reported to be an awful tragedy. This is an ongoing investigation as it pertains to any federal criminal charges.”
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Detroit Man Sentenced for Selling Heroin in HuntingtonRead the Press Release
HUNTINGTON, W.Va. – A Detroit, Michigan man was sentenced to 15 months in prison for selling heroin in Huntington, West Virginia, according to United States Attorney Mike Stuart. Paul Cunningham, 44, previously pled guilty to selling heroin and admitted that in 2016 he sold heroin to a confidential informant three times in Huntington.
“West Virginians have paid a heavy price from out of state drug dealers,” said United States Attorney Mike Stuart. “Our record is one of being tough, effective, and taking on the poison peddlers. Our cities and towns and families are far safer today than they were a few short years ago.”
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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United States Attorney Mike Stuart Issues Statement Regarding Protests and RiotsRead the Press Release
CHARLESTON, W.Va. – United States Attorney Mike Stuart issued the following statement regarding protests and riots in the wake of the death of George Floyd.
“The death of George Floyd is tragic. I pray for his family, the community of Minneapolis, and all those affected by his death.
This nation is grounded in the right to protest and in the rule of law. While peaceful protests are powerful, the violence, looting and property destruction occurring across our country are not acceptable forms of protest but, rather, criminal acts. This type of violence undermines the cause and defies the memory of George Floyd and those who protest peacefully.
A few bad apples don’t ruin an orchard - 99.99% of police and law enforcement are noble public servants, and 99.99% of the protestors are noble concerned Americans who love their country and are deeply troubled by George Floyd’s death. The vast majority of police and the vast majority of protestors are law abiding caring people. I “Back the Blue” and I support the right of protest. Sadly, however, ANTIFA and anarchists that have a goal of civil unrest, violence and destruction are overwhelming the purpose of the protests.
Communities are fed up with the violence. Peaceful protestors are fed up with the violence. In West Virginia, protests must remain peaceful. If you pick up a brick to throw it at law enforcement officers or a business, if you burn a business or a car, if you cause violence, or if you target law enforcement, you will be arrested, charged, and prosecuted to the full extent of the law.
I am in constant contact with Bill Powell, the United States Attorney for the Northern District of West Virginia, and I am in regular communication with the Governor’s team, the head of the WV State Police, state and local law enforcement partners and elected leaders.
I support the unified intent to protect the rights of peaceful protestors to exercise their fundamental right and to ensure the lawlessness occurring in other states does not occur here. I assure you that my office stands ready to take federal law enforcement action against violent criminal agitators and inciters who undermine the power of peaceful protests. We will act, and quickly, if violence occurs in West Virginia. The rule of law must be maintained. Public safety must be our priority.”
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Two Men Sentenced for Traveling to Engage in Sex with MinorRead the Press Release
BLUEFIELD, W.Va. – Two men were sentenced today for sex offenses involving minors, announced United States Attorney Mike Stuart. Arun Dhavamani, 41, of Camp Creek, was sentenced to 30 months in prison for traveling in interstate commerce in order to engage in sexual activity. Jeffrey William Sexton, Jr., of Virginia Beach, Virginia., was sentenced to 63 months in prison. Both men will served a term of 15 years on supervised release following their release from prison.
“The children of this district have no better champion than my office. I will seek maximum penalties for those who prey on West Virginia’s most vulnerable,” United States Attorney Mike Stuart said.
Dhavamani was convicted by a jury in November 2019. During trial, the evidence demonstrated that on June 1, 2019, Dhavamani engaged in conversations with a person he believed to be a 15-year-old female, but was actually an undercover law enforcement officer. Dhavamani initially communicated with the person via a cell phone social messaging and dating application and later via text messages. After discussing having sexual intercourse with the 15-year-old, Dhavamani traveled from near Ghent to Bluefield, Virginia, to meet the purported minor in order to engage in sexual intercourse.
Sexton was convicted by a jury in January 2020. At trial, evidence revealed that Sexton began communicating with an undercover law enforcement officer posing as a 13-year-old girl on a social messaging and dating application on approximately May 28, 2019. During the conversations, Sexton brought up the topic of oral sex with the purported minor. At approximately 1 a.m. on June 1, 2019, Sexton traveled from Bluefield, Virginia, to Bluefield, West Virginia, to meet the alleged 13-year-old after telling her to sneak out of her house. On May 31, 2019, Sexton had also reached out to chat with two other law enforcement officers posing as minors on the same messaging application, discussing oral sex with one officer who stated she was only 14 years old.
The Federal Bureau of Investigation’s West Virginia Child Exploitation and Human Trafficking Task Force, in conjunction with the West Virginia State Police Internet Crimes Against Children Task Force and the Mercer County Sheriff’s Department, conducted the investigations. Senior United States District Judge David A. Faber presided over the hearings. Assistant United States Attorney Jennifer Rada Herrald handled the prosecutions.
These cases were 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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Meds2Go Express Pharmacy, Inc. Sentenced for Role in Drug Diversion SchemeRead the Press Release
Pharmacy Shut Down and Ordered to Pay $250,000 in Community Restitution and Forfeiture
CHARLESTON, W.Va. – Meds2Go Express Pharmacy, Inc. (Meds2Go), a pharmacy located in Alum Creek in Lincoln County, was sentenced for money laundering, announced United States Attorney Mike Stuart. The money laundering conviction arose out of a conspiracy between the pharmacy and Hope Clinic, a pain clinic operating as a pill mill, to dispense compound opioids for no legitimate medical purpose and outside the bounds of professional medical practice. As part of the plea agreement in December 2019, Meds2Go was shut down and has now been ordered to pay $250,000 toward community restitution and forfeiture. The community restitution will be paid for the costs associated with drug abuse treatment in West Virginia to redress the harm caused by illicit opioid usage stemming from the sale of prescription opioids. The West Virginia Crime Victim's Compensation Fund will receive 65% of the community restitution amount, and 35% will be paid to West Virginia Department of Health and Human Resources, Bureau of Behavioral Health and Health Facilities.
“Meds2Go betrayed the trust of the communities it served and our citizens. The pharmacy put profits above safety and aided the growth of the opioid crisis in West Virginia,” United States Attorney Mike Stuart said. “We have taken on the opiate crisis and we are making tremendous progress. We will continue to hold those that place greed above their solemn obligation to serve the best health of our citizens.”
Meds2Go previously admitted that in 2014 and 2015 it filled prescriptions written by physicians employed by Hope Clinic, despite its knowledge that there was no legitimate medical purpose for the prescriptions and that they were prescribed outside the usual course of medical practice. In order to maximize corporate profits, the pharmacy ignored numerous red flags that should have prevented them from dispensing the prescription medications written by Hope Clinic, such as: (1) an abnormally high amount of prescriptions for widely-abused, highly-addictive controlled substances such as oxycodone; (2) prescribed controlled substances to patients for long periods of time; (3) permitted refills before prior prescriptions should have run out; (4) ignored obvious signs that patients were drug addicts; (5) patients travelled long distances and from out of state; (6) multiple Hope Clinic physicians issued prescriptions to the same patient; (7) numerous family members who were all patients of Hope Clinic, came to the pharmacy at the same time; (8) insurance companies refused to pay for prescriptions from Hope Clinic; and (9) cash-only transactions.
Meds2Go further admitted that it engaged in illegal manufacturing of its own supply of oxycodone and methadone due to supply and demand by compounding pills in mass quantities at its locations in Alum Creek and Charleston. Due to the excessive amount of prescriptions for controlled substances written by Hope Clinic, the pharmacy could not obtain enough of a supply of oxycodone and methadone from its distributors. In order to keep up with the demand, the pharmacy bypassed purchase restrictions from the distributor by setting up and purchasing compounding equipment, training its employees to compound pills on a mass scale, purchasing powders and other raw materials, and manufacturing pills containing oxycodone and methadone. The compounded pills were then sold to cash-paying customers who had prescriptions written by Hope Clinic. The pharmacy used the proceeds from the illegal manufacturing and dispensing to carry on the operations of business.
United States District Judge Irene C. Berger imposed the sentence. The investigation was conducted by the U.S. Food and Drug Administration – Office of Inspector General (OIG) and the U.S. Department of Health and Human Services – Office of Inspector General (OIG). Assistant United States Attorneys Andrew Tessman and Steven I. Loew handled the prosecution.
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Federal Inmate Pleads Guilty to Weapon ChargeRead the Press Release
BLUEFIELD, W.Va. -- United States Attorney Mike Stuart announced today that a federal inmate pled guilty in federal court in Bluefield to possessing a weapon. Desmond Johnson, 29, an inmate at the Federal Correctional Institution McDowell, admitted that on July 21, 2019, he possessed a handcrafted weapon known as a shank. A staff member at the prison saw Johnson drop the shank, and another staff member recovered it.
Johnson faces up to five years in prison, to be served consecutively to the sentence he is now serving. Sentencing is set for Sept. 14, 2020.
“You would think that already being in a federal prison might help a person to change their ways. This doesn’t appear to have been the case with Mr. Johnson,” United States Attorney Mike Stuart said.
The case was investigated by the Federal Bureau of Prisons. Assistant United States Attorney John File is handling the prosecution. Senior United States District Judge David A. Faber presided over the plea hearing.
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West Virginia US Attorneys and FBI Warn Those Inciting Violence and Crime Will Face Federal ChargesRead the Press Release
CHARLESTON, W.Va. – Attorney General William P. Barr has directed federal law enforcement actions aimed at apprehending and charging the violent criminal agitators who have taken over peaceful protests and are engaging in violations of federal law. The U.S. Attorneys from the Northern and Southern Districts of West Virginia, along with the Federal Bureau of Investigation (FBI) are employing the FBI Joint Terrorism Task Force (JTTF) to identify criminal organizers and instigators, coordinating federal resources with state and local partners, and seeking federal prosecutions where applicable.
“The death of George Floyd understandably caused outrage and protests. Our democracy was built upon the exercise of free speech. I am proud of our West Virginia citizens who chose to congregate in peaceful demonstrations. Please allow those peaceful protests and constructive dialogue be an example to the rest of the nation. Some have chosen to act with violence and endanger their fellow citizens and law enforcement. Such criminal conduct does nothing to further the issues surrounding the death of George Floyd and will not be tolerated by law enforcement or the citizens of our state. We will continue to monitor the situation, but are prepared to act immediately to enforce the rule of law,” said U.S. Attorney Bill Powell, Northern District of West Virginia.
“Let me be clear- this is a nation grounded in the right to protest. This nation is also grounded in the rule of law,” said United States Attorney Mike Stuart. “The right to protest is not a right to loot, riot, commit property destruction or to engage in or incite violence. It is wholly unacceptable and it defies those who protest peacefully. Peaceful protest can be powerful. Violence, looting and criminal behavior undermines the cause and, if it happens in West Virginia, we will enforce the rule of law.”
"The FBI is dedicated to upholding the Constitution, including protecting all citizens' rights to peacefully protest," said FBI Pittsburgh Special Agent in Charge Mike Christman. "The FBI respects the rights of individuals to peacefully exercise their First Amendment rights, but when people abuse those rights to invoke violence, federal law will be enforced. We have worked closely with our local and state partners throughout the events of the past few days. The FBI's Joint Terrorism Task Force (JTTF) will continue to coordinate with the U.S. Attorney's offices to address any federal violations."
Attorney General Barr’s statement is available here: https://www.justice.gov/opa/pr/attorney-general-william-p-barrs-statement-riots-and-domestic-terrorism.
For more information on the FBI Joint Terrorist Task Force, go to https://www.fbi.gov/investigate/terrorism/joint-terrorism-task-forces.
Two Men Sentenced for Involvement in Multi-State Meth ConspiracyRead the Press Release
HUNTINGTON W.Va. – Two men who participated in a conspiracy which saw large quantities of methamphetamine transported from Akron, Ohio and distributed across the Southern District of West Virginia were sentenced to federal prison today, announced United States Attorney Mike Stuart. Aaron Del Thompson, 36, of Huntington, was sentenced to 46 months and Brad Acy Holley, 40, of Charleston, was sentenced to 10 years and seven months. Both men previously entered guilty pleas to conspiracy to distribute methamphetamine.
“Out of state drug dealers have caused too much pain to the people of West Virginia,” said U.S. Attorney Mike Stuart. “Meth is a devastating drug that is growing as a drug of choice. This joint investigation led by the FBI helped stop the flow of these dangerous drugs into West Virginia. Great work by the FBI, ATF, and many state and local partners on this matter.”
Thompson admitted that between May and September of 2019 he conspired with multiple individuals to distribute methamphetamine in the Huntington area. Thompson repeatedly obtained quantities of methamphetamine which were transported from Akron to Huntington. Thompson relied on multiple individuals from Akron to deliver the methamphetamine to him and he would in turn distribute the methamphetamine to various customers in Huntington. Thompson admitted that he knew some of his customers intended to redistribute the methamphetamine they were purchasing. Thompson also admitted that he was responsible for distributing up to 500 grams of methamphetamine during the conspiracy.
Holley admitted that between Fall 2018 and September 2019, he conspired with multiple individuals to distribute methamphetamine in the Huntington and Charleston areas. Holley pooled money with another individual to obtain large quantities of methamphetamine which he and the other individual would then distribute. Holley also began obtaining methamphetamine himself which was transported from Akron and sold in multiple cities in West Virginia. Holley admitted that he was supplied methamphetamine on a regular basis and that he was aware some of the customers to whom he distributed methamphetamine intended to further distribute the drug across the district. As part of his plea, Holley admitted that he was responsible for distributing up to five kilograms of methamphetamine during the conspiracy.
This joint investigation was spearheaded by the Federal Bureau of Investigation (FBI). Other agencies which participated and assisted in the investigation include the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), the Ona Violent Crime and Drug Task Force West, the Metropolitan Drug Enforcement Network Team (MDENT), the West Virginia State Police, the Drug Enforcement Administration (DEA) Task Force, the Beckley/Raleigh County Drug and Violent Crime Unit, the United States Marshals Service, the Cabell County Sheriff’s Department, the Charleston Police Department, the Putnam County Sheriff’s Department, the Ohio State Highway Patrol, the Akron, Ohio Police Department, and the Brecksville, Ohio Police Department. United States District Judge Robert C. Chambers imposed the sentences. Assistant United States Attorney Joseph F. Adams handled the prosecutions.
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St. Albans Man Sentenced for Federal Drug ConvictionRead the Press Release
CHARLESTON, W.Va. – A St. Albans man was sentenced to federal prison for possession with intent to distribute quantities of methamphetamine, cocaine and heroin, announced United States Attorney Mike Stuart. Joshua Wayne Davis, 26, was sentenced to 57 months in federal prison to include a three-year term of supervised release. He entered a guilty plea in January.
“A smorgasbord of illicit drugs. Mark this up as another win for the good guys,” U.S. Attorney Mike Stuart said. “Poison peddlers will be caught and prosecuted to the fullest extent possible. Great work by St. Albans PD.”
Davis previously admitted that on May 6, 2019, he possessed with intent to distribute the Schedule I and Schedule II controlled substances. He also admitted to having, on that date, $12,944 in drug proceeds. Officers from the St. Albans Police Department located the controlled substances and drug proceeds in a vehicle in which he was a passenger in St. Albans.
St. Albans Police Department conducted the investigation. United States District Judge David A. Faber presided over the hearing. Assistant United States Attorney Negar M. Kordestani is handling the prosecution.
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Detroit Man Sentenced to Federal Prison for Drug and Gun ChargesRead the Press Release
HUNTINGTON, W.Va. – A Detroit man has been sentenced to federal prison for drug and gun crimes according to United States Attorney Mike Stuart. Antonio Maurice Davis, 28, was sentenced to eight and a half years in prison for possession with intent to distribute fentanyl and possession of a firearm in furtherance of drug trafficking. Davis pled guilty to both charges in February.
“A toxic combination - Heroin, fentanyl and guns. He earned his prosecution,” U.S. Attorney Mike Stuart said. “Great work by ATF and the Huntington PD.”
On May 15, 2019, officers with the Huntington Police Department (HPD) were conducting surveillance in the south side area of Huntington when they saw Davis wearing a bright blue jacket and black pants. Davis came out of an apartment building carrying several bags and placed the bags in the backseat area of a minivan, behind the driver, and then got into the front passenger seat of the minivan. The minivan backed out of the driveway and traveled east on 12th Avenue to 12th Street. At 11:57 a.m., officers in an HPD marked patrol car conducted a traffic stop of the vehicle in the 1400 block of Charleston Avenue after learning the driver had a suspended license. Immediately following the stop, officers approached the minivan. The officers smelled an odor of marijuana coming from the minivan. Both the driver and Davis were removed from the vehicle. Davis initially identified himself as Jonathon Maurice Mason. Officers later learned that his real name was Antonio Maurice Davis. An HPD K-9 unit was called to the scene, arriving at 12:13 p.m. During the exterior sniff, the K-9 positively indicated on the vehicle for the presence of drugs.
Officers searched the minivan and found a Hi Point 9mm rifle on the back floorboard behind the driver’s seat. The jacket that Davis was seen wearing was located in between the driver’s seat and the front passenger seat. Inside the jacket officers found a large amount of a white powdery substance in a plastic baggy. They also found a second plastic baggy that contained a white chunky substance. Other suspected narcotics were found in the jacket. Officers also located a gym bag behind the driver’s seat of the vehicle that contained three handguns, digital scales, multiple cellular telephones, ammunition and other evidentiary items of value. The powdery substance was analyzed and found to be approximately 38 grams of a mixture of heroin and fentanyl.
The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and the Huntington Police Department conducted the investigation. United States District Judge Robert C. Chambers imposed the sentence. Assistant United States Attorney R. Gregory McVey handled the prosecution.
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Cuban Nationals Sentenced for Credit Card FraudRead the Press Release
CHARLESTON, W.Va. – United States Attorney Mike Stuart said two Cuban nationals have been sentenced for credit card fraud. Yaidelys Acosta, 23, and Ranniel Acosta, 25, were sentenced to one year in prison and three years supervised release. They also are ordered to jointly pay restitution in the amount of $2,287 for credit card fraud.
“Credit card fraud is epidemic,” U.S. Attorney Mike Stuart said. “Credit card fraud isn’t a victimless crime. It drives up banking and insurance costs and taxpayers are left with the bill. The South Charleston Police Department and the U.S. Secret Service are to be commended for their work in apprehending these thieves.”
The defendants previously admitted to being in possession of fraudulent credit cards, device making equipment to create the cards, and using those cards to steal from people’s checking or credit card accounts. They were caught while attempting to use the fraudulent cards at a store in South Charleston. At the time of their arrest they had in their possession more than 15 other fraudulent cards and device making equipment to create other fraudulent cards.
The South Charleston Police Department and the United States Secret Service conducted the investigation. Senior United States District Judge David A. Faber presided over the hearing. Assistant United States Attorney Chris Arthur handled the prosecution.
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Jackson County Man Sentenced for Firearm TheftRead the Press Release
CHARLESTON, W.Va. – United States Attorney Mike Stuart announced a Jackson County man was sentenced to 14 months in federal prison for stealing firearms from a licensed firearms dealer. James Evans, 19, of Ravenswood, also will serve three years on supervised release and pay $6,341.44 in restitution.
“Twenty-four stolen firearms. Stealing firearms is a serious offense,” said United States Attorney Mike Stuart. “I strongly support the Second Amendment to the Constitution, but those who break our gun laws must be held accountable and pay the price.”
Evans pled guilty in December 2019 to breaking into the Old and New Sports Store in Ravenswood on April 7, 2019 with three other individuals and stealing approximately 24 firearms. Rebecca Ann Sellers, 19, and Destiny Moore, 19, have pled guilty and are scheduled to be sentenced on July 8, 2020. A juvenile was prosecuted in Jackson County Circuit Court.
The Ravenswood Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) conducted the investigation. United States District Judge Irene C. Berger imposed the sentence. Assistant United States Attorney Joshua Hanks handled the prosecution.
This case is part of Project Guardian, the Justice Department’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 this case 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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Charleston Man Sentenced to Prison for EscapeRead the Press Release
CHARLESTON, W.Va. – United States Attorney Mike Stuart announced today that a Charleston man was sentenced to federal prison for escape. Lacy Moore, 40, was sentenced to 12 months in federal prison and three years of supervised release for walking away from Dismas Charities Halfway House in St. Albans in January 2019. Moore was serving a revocation sentence at the halfway house in connection with his original 2003 conviction in the Southern District of West Virginia for possession of a firearm during and in relation to a drug trafficking crime.
“If you do the crime, you do the time. That’s the deal. In this case, Mr. Moore will get to be a guest of the federal prison system even longer because he violated the terms of his punishment,” said United States Attorney Mike Stuart. “You cannot escape without penalty.”
Moore previously admitted that he left the halfway house in early 2019 and remained in escape status, with his whereabouts unknown, for most of 2019. United States Marshals apprehended Moore in December 2019.
The United States Marshals Service conducted the investigation. Assistant United States Attorney Kristin F. Scott handled the prosecution. United States District Judge Irene C. Berger imposed the sentence.
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Former Veterans Affairs Doctor Indicted on Multiple Civil Rights ChargesRead the Press Release
A federal grand jury in Charleston, West Virginia, today returned a seven-count indictment charging Dr. Jonathan Yates, 51, with federal civil rights and abusive sexual contact offenses. Yates, a doctor of osteopathic medicine who formerly worked at the Veterans Affairs Medical Center in Beckley, West Virginia, is charged with five counts of depriving veterans of their civil rights under color of law, in violation of Title 18, United States Code, Section 242, and two counts of abusive sexual contact, in violation of Title 18, United States Code, Section 2244(b). He was previously charged in a criminal complaint with depriving a veteran of his civil rights under color of law.
The indictment alleges that between September 2018 and February 2019, while working at the Veterans Affairs Medical Center, Dr. Yates examined six male patients, identified in the indictment as Veterans One through Six, and sexually molested them during their appointments. The indictment alleges that Yates temporarily immobilized two of the veterans – one by cracking his neck, and the other with the use of acupuncture needles – and sexually molested them while they were incapacitated. The indictment also alleges that his abuses caused five of the veterans to suffer bodily injury. This conduct, performed while Dr. Yates was acting under color of law in his capacity as a federal employee at the VAMC, deprived Veterans One through Five of their constitutional right to bodily integrity. The indictment also alleges that Yates knowingly engaged in sexual contact with Veterans Two and Six without their consent.
This investigation remains ongoing. Anyone with additional information is encouraged to contact the FBI at 1-800-CALL-FBI (225-5342).
An indictment is merely a formal accusation of criminal conduct. The defendant is presumed innocent unless and until he is proven guilty beyond a reasonable doubt in a court of law.
If convicted, Yates faces a statutory maximum sentence of life in prison.
Assistant Attorney General Eric Dreiband and U.S. Attorney Michael B. Stuart for the Southern District of West Virginia commended the investigative efforts of the FBI, the Department of Veterans Affairs Office of Inspector General, and the Veterans Affairs Police Department in this matter.
The case is being prosecuted by Special Litigation Counsel Samantha Trepel and Trial Attorney Kyle Boynton of the Civil Rights Division of the U.S. Department of Justice and Assistant U.S. Attorney Greg McVey of the Southern District of West Virginia.
Related court documents and information may be found on the website of the District Court for the Southern District of West Virginia at http://www.wvsd.uscourts.gov/ or on http://pacer.wvsd.uscourts.gov/.
U.S. Attorney Mike Stuart Launches Public Service Announcement in Recognition of National Police WeekRead the Press Release
Stuart urges West Virginians to join him in “backing the blue” this week and throughout the year
National Police Week Observed May 10-16, 2020
CHARLESTON, W.Va.— In honor of National Police Week, U.S. Attorney Mike Stuart launched a public service announcement (PSA) that pays tribute to the service and sacrifice of federal, state, local and tribal law enforcement. The National Police Week PSA message, which is attached, is airing this week.
“There is no more noble profession than serving as a police officer,” said Attorney General William P. Barr. “The men and women who protect our communities each day have not just devoted their lives to public service, they’ve taken an oath to give their lives in order to ensure our safety. And they do so not only in the face of hostility from those who reject our nation’s commitment to the rule of law, but also in the face of evolving adversity – such as an unprecedented global health pandemic. This week, I ask all Americans to join me in saying ‘thank you’ to our nation’s federal, state, local, and tribal law enforcement officers. Their devotion and sacrifice to our peace and security will not be taken for granted.”
“The honorable men and women in law enforcement put their lives on the line every day for us. While we take this week to formally recognize their service, we must always remember and appreciate their sacrifices,” said U.S. Attorney Mike Stuart. “On behalf of all West Virginians, I say thank you. Thank you for putting the safety of our communities ahead of your own.”
In 1962, President John F. Kennedy issued the first proclamation for Peace Officers Memorial Day and National Police Week to remember and honor law enforcement officers for their service and sacrifices. Peace Officers Memorial Day, which every year falls on May 15, specifically honors law enforcement officers killed or disabled in the line of duty.
Each year, during National Police Week, our nation celebrates the contributions of law enforcement from around the country, recognizing their hard work, dedication, loyalty and commitment to keeping our communities safe. This year the COVID-19 pandemic has underscored law enforcement officers’ courage and unwavering devotion to the communities they swore to serve.
Based on data collected and analyzed by the FBI’s Law Enforcement Officer Killed and Assaulted (LEOKA) Program, 89 law enforcement officers died nationwide in the line of duty in 2019.
Comprehensive data tables about these incidents and brief narratives describing most of the fatal attacks are included in the sections of Law Enforcement Officers Killed and Assaulted, 2019.
The names of the fallen officers who have been added in 2020 to the wall at the National Law Enforcement Memorial will be read on Wednesday, May 13, 2020, during a Virtual Annual Candlelight Vigil. Because public events have been suspended as a result of COVID-19, the vigil will be livestreamed to the public at 8:00 pm (EDT). The online event can be viewed at https://www.youtube.com/user/TheNLEOMF.
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Mingo County Pharmacy to Pay Civil Monetary Penalties to Resolve Alleged Violations of the Controlled Substances ActRead the Press Release
CHARLESTON, W.Va. – Adkins Pharmacy, Inc. (“API”), a pharmacy located in Mingo County, has agreed to pay civil monetary penalties to resolve allegations that the pharmacy violated the Controlled Substances Act by filling illegitimate prescriptions, United States Attorney Mike Stuart announced today. API has also entered into a three-year compliance agreement with the Drug Enforcement Administration (DEA) that imposes heightened reporting and oversight requirements and sanctions for non-compliance.
Pursuant to the terms of the settlement agreement, API agreed to pay $88,085.73 to resolve allegations that it had filled prescriptions for controlled substances that were not valid at its location in Gilbert between January 1, 2014, and December 31, 2015. During this time, API filled compound opioid prescriptions issued by physicians affiliated with Hitech Opioid Pharmachovigilance Expertise Clinic, PLLC (HOPE Clinic), even though API “knew or should have known that said prescriptions were not issued for a legitimate medical purpose by an individual practitioner acting in the usual course of his/her professional practice,” according to the settlement agreement.
The Controlled Substances Act prohibits the distribution or dispensing of a controlled substance without a valid prescription. A valid prescription for a controlled substance must be issued for a legitimate medical purpose by an individual practitioner acting in the usual course of his or her practice. The investigation indicated that the pharmacist-in-charge at the pharmacy should have known that patients had presented illegitimate prescriptions that should not have been filled.
“The diversion of prescription opioids fueled an epidemic and devastated a countless number of West Virginia families,” said United States Attorney Mike Stuart. “When pharmacies ignore red flags indicative of illegitimate opioid prescriptions for the sake of profits, we will use every available criminal and civil enforcement tool to hold them accountable.”
“Pharmacists serve on the front lines of America’s opioid epidemic and they share responsibility with physicians to protect those whom they serve from the dangers associated with prescription medications,” said Special Agent in Charge Todd Scott, of DEA’s Louisville Division. “DEA will use every available tool to hold accountable those in the pharmacy industry who choose to put profit over customer safety,” Scott added.
The DEA, the U.S. Department of Health and Human Services – Office of Inspector General (HHS-OIG) and the Food and Drug Administration – Office of Criminal Investigation conducted the investigation. The case was handled by Assistant United States Attorney Alan McGonigal.
The settlement is a result 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.
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HOPE Clinic Manager Sentenced to Federal Prison for Gun CrimeRead the Press Release
BECKLEY, W.Va. – A HOPE Clinic manager was sentenced to 20 months in federal prison for a gun crime, announced United States Attorney Mike Stuart. Joshua Radcliffe, 36, of Shady Springs, previously pled guilty to conspiring with Mark T. Radcliffe to using and carrying firearms in relation to maintaining drug-involved premises.
“Even though Joshua Radcliffe was not a prescribing physician, today he was held accountable for his role in fueling the opioid epidemic in West Virginia,” said United States Attorney Mike Stuart. “The opiate crisis ravaged our good state and affected every single citizen in one way or another. We are holding everyone accountable for the roles they played.”
From 2010 through 2015, Radcliffe was employed with Patients, Physicians and Pharmacists Fighting Diversion (PPPFD), Inc., the company that managed the daily operations of the HOPE Clinic. Radcliffe admitted that HOPE Clinic was predominately a cash-based business and that the physicians at HOPE Clinic issued prescriptions for oxycodone to its customers not for legitimate medical purposes and outside the bounds of professional medical practice. Radcliffe worked at the Beckley and Beaver locations of the HOPE Clinic as the Clinic Manager. As the Clinic Manager, Radcliffe admitted to running the daily operations of the clinics and that PPPFD management made medical decisions that should have been made by the physicians and not by PPPFD employees. Because the customers coming to both the Beckley and Beaver HOPE Clinic locations were seeking Schedule II controlled substances to feed their addiction or to distribute illegally, Radcliffe admitted that he carried a firearm to work. He and others in management at PPPFD encouraged other PPPFD employees, especially the narcotic auditors and clinic managers, to carry firearms to work for protection because of the customers and the amount of cash coming into the clinics each day.
The investigation was conducted by the U.S. Department of Health and Human Services - Office of Inspector General (HHS-OIG), the Internal Revenue Service – Criminal Investigations, the Food and Drug Administration – Office of Criminal Investigations, the Federal Bureau of Investigation, the West Virginia State Police, the Kentucky State Police, the Beckley Police Department, the Virginia State Police, the Charleston Police Department, and the Drug Enforcement Administration.
United States District Judge Frank W. Volk imposed the sentence. Assistant United States Attorneys Monica D. Coleman and Steven Loew are handling the prosecution.
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U.S. Attorneys and FBI Warn of Potential Fraud Surrounding SBA LoansRead the Press Release
CHARLESTON, W.Va. – The United States Attorney’s Offices of the Northern and Southern Districts of West Virginia, the Federal Bureau of Investigation, and the U.S. Small Business Administration are asking small business owners to be aware of possible scams relating to the CARES Act.
U.S. Attorney Bill Powell in the Northern District of West Virginia, U.S Attorney Mike Stuart in the Southern District of West Virginia , Eugene Kowel, Acting Special Agent in Charge of the FBI Pittsburgh Office, SBA OIG Eastern Region Special Agent-in-Charge Kevin Kupperbusch and Karen Friel, SBA West Virginia District Director, have joined resources in an effort to prevent small businesses already struggling from the restrictions in place because of the COVID-19 pandemic from being victimized a second time by criminals using the program as an opportunity to commit fraud.
“Those who prey on others look for opportunities like the various loans provided to small businesses. United States Attorneys and our respective law enforcement partners, like the FBI, are on the lookout for those predators. We strongly encourage those who become aware of such scams to report it to the authorities so we can take action” said U.S. Attorney Bill Powell, Northern District of West Virginia.
“West Virginia businesses are struggling to survive a once-in-a-lifetime pandemic. The last thing we need are criminals scamming the essential aid meant to help businesses survive,” said U.S. Attorney Mike Stuart, Southern District of West Virginia. “Fraudsters and scammers never miss an opportunity to fraud and scam even in desperate times. Small businesses are the backbone of our state’s economy. We have their back. We will do all we can to protect them.”
"Fraudsters will take advantage of any opportunity to steal money," said FBI Pittsburgh Acting Special Agent in Charge Eugene Kowel. "We recognize that criminals could try to prey on small businesses during this time of fear and anxiety. The FBI works closely with the private sector so companies can make informed decisions in response to malware attacks. Companies can prevent and mitigate malware infection by utilizing appropriate back-up and malware detection systems. They can also train employees to be skeptical of emails, attachments and websites they don’t recognize. If you discover your business is the victim of a fraudulent incident, file a complaint with the FBI’s Internet Crime Complaint Center at ic3.gov."
“Fraudsters prey upon those in vulnerable positions, and this is a critical time for our nation’s small businesses,” said SBA OIG’s Eastern Region Special Agent-in-Charge Kevin Kupperbusch. “SBA OIG and its law enforcement partners are actively working together to root out fraud in SBA’s programs and bring those responsible to justice. The public is encouraged to learn about potential fraud schemes and scams as a safeguard to being victimized.”
When the CARES Act was signed into law, the doors were opened for small businesses to access $349 billion in federal aid at a most crucial time for entrepreneurs that are balancing the health and safety of their families and themselves while operating their small business. And while small businesses take note of the U.S. Small Business Administration’s Economic Injury Disaster Loan (EIDL) and the Paycheck Protection Program (PPP), so do those with bad intentions.
“Unfortunately, small businesses are being targeted at a time they are most vulnerable,” noted SBA West Virginia District Director Karen Friel. “Look out for phishing attacks and scams utilizing the SBA logo. These may be attempts to obtain your personally identifiable information (PII), to acquire personal banking access, or to install ransomware or malware on your computer.”
Entrepreneurs should remember that if anyone asks you for money, they are not legitimate, nor are emails that end in anything but “.gov”.
The SBA does not reach out to initiate a loan, nor does the SBA ask for information previously provided in the application process.
If you have any doubt, reach out to your nearest SBA office to ask. As you are working harder than ever to preserve your business and its employees amid the Coronavirus pandemic, do not allow bad actors to hinder your efforts.
SBA’s Office of Inspector General has published a list of possible scams and fraud schemes to raise public awareness: https://www.sba.gov/document/report--sba-programs-scams-fraud-alerts.
Report fraud, waste, abuse, mismanagement, or misconduct involving SBA programs to the SBA OIG hotline at (800) 767-0385, or online at: https://sbax.sba.gov/oigcss/.
To report any suspicious activity regarding the COVID-19 virus, residents are asked to call the National Center for Disaster Fraud Hotline at 1-866-720-5721or go to Justice.gov/DisasterComplaintForm.
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US Attorney Mike Stuart Joins DOJ in Observation of National Crime Victims' Rights WeekRead the Press Release
CHARLESTON, W.Va. – U.S. Attorney Mike Stuart joins the Department of Justice and communities nationwide in observing National Crime Victims’ Rights Week, celebrating victims’ rights, protections and services throughout the week. This year’s observance takes place April 19-25 and features the theme, “Seek Justice| Ensure Victims' Rights | Inspire Hope.”
“Every year, millions of Americans suffer the shock and trauma of criminal victimization, affecting their well-being and sense of security and dignity,” said Attorney General William P. Barr. “To these victims, we affirm our unwavering commitment to supporting them in their hour of need. We also commend the thousands of victim advocates and public safety professionals who labor tirelessly to secure victims’ rights and support survivors.”
“Now more than ever, as people throughout our state and nation isolate at home with their families due to the coronavirus pandemic, we must support the many victims of domestic violence and child abuse who are not safe at home,” said U.S. Attorney Mike Stuart. “West Virginia’s victim service providers and child advocates remain vigilant and are providing much needed services during this crisis. As we recognize and honor victims this week, you can rest assured that this week and every week my office is working with a sense of urgency to “seek justice, ensure victims’ rights, and inspire hope” for victims.”
“While we have made tremendous progress driving down crime and violence across the country, far too many Americans continue to suffer the pain and loss of criminal victimization,” said Katharine T. Sullivan, Principal Deputy Assistant Attorney General of the Office of Justice Programs. “This week, we stand by these survivors and their families, and we pledge our ongoing support to the countless men and women who serve them with such extraordinary skill and compassion.”
Ronald Reagan proclaimed the first Victims’ Rights Week in 1981, putting crime victims' rights, needs, and concerns in a prominent spot on the American agenda. He also established the President's Task Force on Victims of Crime, which laid the groundwork for a national network of services and legal safeguards for crime victims. President Trump and his administration have implemented historic levels of support for victim assistance and victim compensation.
Some 3.3 million Americans age 12 and older were victims of violent crime in 2018, according to the National Crime Victimization Survey. The Office for Victims of Crime (OVC), part of the Justice Department’s Office of Justice Programs, supports more than 7,000 local victim assistance programs and victim compensation programs in every state and U.S. territory. Funds for these programs come from the Crime Victims Fund, which is made up of federal criminal fines, penalties and bond forfeitures.
During National Crime Victims’ Rights Week, victim advocacy organizations, community groups and state, local and tribal agencies traditionally host rallies, candlelight vigils, and other events to raise awareness of victims’ rights and services. This year, many communities are organizing virtual gatherings and online public awareness campaigns.
This year’s commemoration began yesterday, 25 years to the day when a truck bomb exploded in front of the Alfred P. Murrah Federal Building in Oklahoma City, Oklahoma, taking the lives of 168 people, including 19 children, as well as injuring hundreds of others. The mass murder remains the worst act of domestic terrorism in our nation’s history and led to the establishment of the Antiterrorism Emergency Reserve, which is administered by OVC, and has been used to provide direct services to hundreds of victims of mass violence and terrorism.
“Crime victims deserve to know that they have the encouragement and support of the American people,” said OVC Director Jessica E. Hart. “I hope that citizens throughout the nation will take the opportunity this week to remember all victims of crime and their heroic stories of survival. I encourage everyone to also find meaningful ways to express their appreciation to the many committed and compassionate service providers across the country who work tirelessly supporting these survivors.”
This year, the annual National Crime Victims’ Service Awards Ceremony will be postponed until a time when we can honor this year’s award recipients in person. During the ceremony, OVC will present awards recognizing individuals and organizations from across the nation for their outstanding service on behalf of crime victims. The awardees will be selected from public nominations in 11 categories, including federal service, special courage, public policy, and victim services.
For more information on how to create your own public campaigns to raise awareness about crime victims’ rights online and at events throughout the year, please visit: https://ovc.ncjrs.gov/ncvrw2020/overview.html.
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###Department of Justice Makes $850 Million Available to Help Public Safety Agencies Address COVID-19 PandemicRead the Press Release
$4.4 Million Available to West Virginia
CHARLESTON, W.Va. – The Department of Justice announced that it is making $850 million available to help public safety agencies respond to the challenges posed by the outbreak of COVID-19. The Coronavirus Emergency Supplemental Funding (CESF) program, authorized by the recent stimulus legislation signed by President Trump, will allow eligible state, local and tribal governments to apply immediately for these critical funds. The department is moving quickly to make awards, with the goal of having funds available for drawdown within days of the award.
“Public safety agencies are facing unprecedented challenges as a result of the COVID-19 pandemic,” said United States Attorney Mike Stuart. “No amount of telework can protect the public and ensure safety from those that create chaos and crisis even at a time of chaos and crisis. Just like they do every day of the week and through every crisis, law enforcement selflessly continues their work on the front lines to protect the citizens of West Virginia. The funding provided through the CESF program will ensure our dedicated first responders have the critical resources needed to carry out their mission.”
“This is an unprecedented moment in our nation’s history and an especially dangerous one for our front-line law enforcement officers, corrections officials, and public safety professionals,” said Office of Justice Programs Principal Deputy Assistant Attorney General Katharine T. Sullivan. “We are grateful to the Congress for making these resources available and for the show of support this program represents.”
The solicitation, posted by the Bureau of Justice Assistance in the Justice Department’s Office of Justice Programs (OJP), will remain open for at least 60 days and be extended as necessary. OJP will fund successful applicants as a top priority on a rolling basis as applications are received. Funds may be used to hire personnel, pay overtime costs, cover protective equipment and supplies, address correctional inmates’ medical needs and defray expenses related to the distribution of resources to hard-hit areas, among other activities. Grant funds may be applied retroactively to Jan. 20, 2020, subject to federal supplanting rules.
Agencies that were eligible for the fiscal year 2019 State and Local Edward Byrne Memorial Justice Assistance Grant Program are candidates for this emergency funding. A complete list of eligible jurisdictions and their allocations can be found at https://bja.ojp.gov/program/fy20-cesf-allocations.
For more information about the Coronavirus Emergency Supplemental Funding program, please visit https://bja.ojp.gov/funding/opportunities/bja-2020-18553. For more information about the Office of Justice Programs, please visit https://www.ojp.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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Former Veterans Affairs Doctor Charged with Civil Rights OffenseRead the Press Release
A doctor of osteopathic medicine who formerly worked at the Veterans Affairs Medical Center in Beckley, West Virginia, has been charged in a criminal complaint with depriving a veteran of his civil rights under color of law. Dr. Jonathan Yates, 51, was arrested without incident at his home today by Special Agents of the FBI and the Department of Veterans Affairs Office of Inspector General, with the assistance of the Bluefield, Virginia Police Department. Dr. Yates is scheduled for an initial appearance today at time before U.S. Magistrate Judge Omar Aboulhosn.
Assistant Attorney General Eric Dreiband, U.S. Attorney Michael B. Stuart for the Southern District of West Virginia, FBI Acting Special Agent in Charge Eugene Kowel, and Department of Veterans Affairs Inspector General Michael J. Missal announced the charge.
According to the criminal complaint, while working at the Veterans Affairs Medical Center in February 2019, Yates examined a male patient identified as Veteran 1, and during the examination Yates sexually molested Veteran 1. Yates caused Veteran 1 severe pain and numbness, and temporarily incapacitated him by cracking his neck, after Veteran 1 had explicitly requested Yates not to crack his neck. While Veteran 1 was incapacitated, Yates sexually molested Veteran 1 again. This conduct, performed while Dr. Yates was acting under color of law in his capacity as a federal employee at the VAMC, deprived Veteran 1 of his constitutional right to bodily integrity.
This investigation remains ongoing. Anyone with additional information is encouraged to contact the FBI at 1-800-CALL-FBI (225-5342).
The charge contained in the complaint are only allegations. A person is presumed innocent unless and until he is proven guilty beyond a reasonable doubt in a court of law.
Deprivation of rights under color of law as charged in the complaint is punishable by up to life in prison.
The case is being investigated by the FBI and the Department of Veteran’s Affairs Office of Inspector General, with assistance from the Veterans Affairs Police Department. The U.S. Attorney’s Office sought immediate detention in this matter. The case is being prosecuted by Special Litigation Counsel Samantha Trepel and Trial Attorney Kyle Boynton of the Civil Rights Division of the U.S. Department of Justice and Assistant U.S. Attorney Greg McVey of the Southern District of West Virginia.
Former Veterans Affairs Doctor Charged with Civil Rights OffenseRead the Press Release
CHARLESTON, W.Va. — A doctor of osteopathic medicine who formerly worked at the Veterans Affairs Medical Center in Beckley, West Virginia, has been charged in a criminal complaint with depriving a veteran of his civil rights under color of law. Dr. Jonathan Yates, 51, was arrested without incident at his home today by Special Agents of the FBI and the Department of Veterans Affairs Office of Inspector General, with the assistance of the Bluefield, Virginia Police Department. Dr. Yates is scheduled for an initial appearance today at 1:00 pm before U.S. Magistrate Judge Omar Aboulhosn.
Assistant Attorney General Eric Dreiband, U.S. Attorney Michael B. Stuart for the Southern District of West Virginia, FBI Acting Special Agent in Charge Eugene Kowel, and Department of Veterans Affairs Inspector General Michael J. Missal announced the charge.
According to the criminal complaint, while working at the Veterans Affairs Medical Center in February 2019, Yates examined a male patient identified as Veteran 1, and during the examination Yates sexually molested Veteran 1. Yates caused Veteran 1 severe pain and numbness, and temporarily incapacitated him by cracking his neck, after Veteran 1 had explicitly requested Yates not to crack his neck. While Veteran 1 was incapacitated, Yates sexually molested Veteran 1 again. This conduct, performed while Dr. Yates was acting under color of law in his capacity as a federal employee at the VAMC, deprived Veteran 1 of his constitutional right to bodily integrity.
This investigation remains ongoing. Anyone with additional information is encouraged to contact the FBI at 1-800-CALL-FBI (225-5342).
The charge contained in the complaint are only allegations. A person is presumed innocent unless and until he is proven guilty beyond a reasonable doubt in a court of law.
Deprivation of rights under color of law as charged in the complaint is punishable by up to life in prison.
The case is being investigated by the FBI and the Department of Veteran’s Affairs Office of Inspector General, with assistance from the Veterans Affairs Police Department. The U.S. Attorney’s Office sought immediate detention in this matter. The case is being prosecuted by Special Litigation Counsel Samantha Trepel and Trial Attorney Kyle Boynton of the Civil Rights Division of the U.S. Department of Justice and Assistant U.S. Attorney Greg McVey of the Southern District of West Virginia.
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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Federal and State Officials Launch West Virginia Coronavirus Fraud Task ForceRead the Press Release
Stuart, Powell and Morrisey Partner to Protect West Virginians
CHARLESTON, W.Va. – United States Attorney Mike Stuart for the Southern District of West Virginia, United States Attorney Bill Powell for the Northern District of West Virginia and West Virginia Attorney General Patrick Morrisey today announced the formation of the West Virginia Coronavirus Fraud Task Force to identify, investigate and prosecute fraud related to the ongoing coronavirus pandemic.
The West Virginia Coronavirus Fraud Task Force is a joint federal and state partnership that will be led by Assistant United States Attorneys from both the Southern and Northern Districts of West Virginia, and a Deputy West Virginia Attorney General, in partnership with experienced fraud investigators from the Federal Bureau of Investigation (FBI), Homeland Security Investigations (HSI), the Internal Revenue Service-Criminal Investigation (IRS-CI), the West Virginia State Police and the West Virginia Attorney General’s Consumer Protection Division.
“West Virginians always band together in times of need and times of crisis,” said United States Attorney Mike Stuart. “My fellow U.S. Attorney Bill Powell, West Virginia Attorney General Patrick Morrisey and our federal and state law enforcement partners have joined me in forming this statewide task force to protect West Virginians from fraudsters attempting to exploit a national crisis for personal gain. There’s nothing more despicable. We will use every tool available to us at the federal and state levels to ensure the safety of our citizens and the safety of their wallets during this crisis.”
“Though we are not a big state, when our citizens are preyed upon, Mountaineer pride and determination assure that we will stand together like no other. I stand with my colleagues U.S. Attorney Mike Stuart, West Virginia Attorney General Patrick Morrisey, and our law enforcement partners in promising aggressive pursuit of those taking advantage of our citizens during the current public health crisis. We will devote all necessary resources,” said Powell.
“Since the Governor’s declaration, our Consumer Protection Division and its investigators have fielded hundreds of reports from those faced with price gouging, landlord-tenant issues and vacation/event cancellations,” West Virginia Attorney General Patrick Morrisey said. “The Consumer Protection Division has already sent multiple warning letters to businesses on enforcement matters. These are unparalleled times in which we live, and that’s why I am honored to join forces with U.S. Attorneys Bill Powell and Mike Stuart, as together, by combining the investigative and civil enforcement powers of the state Attorney General’s Office with the criminal prosecutorial authority of the federal government, our state is very well positioned to protect its citizens in this time of peril.”
"The FBI is committed to keeping West Virginians safe from scams associated with the COVID-19 pandemic," said FBI Pittsburgh Acting Special Agent in Charge Eugene Kowel. "Scammers often prey on anxiety and fear. Right now, those cyber criminals perceive a large percentage of the population to be vulnerable. Rest assured, the FBI is fully committed to addressing criminal activity during this unprecedented time. We will work closely with our federal, state and local partners to ensure fraudsters don’t take advantage of people’s fears for their own selfish gains.”
“HSI stands alongside our law enforcement partners in our commitment to investigating the shameful crimes perpetrated by individuals taking advantage of the public in this time of uncertainty and fear,” said Raymond Villanueva, HSI Special Agent in Charge for Washington, D.C., Virginia, and West Virginia.
“Unfortunately, scammers see times of crisis as an opportunity to prey on those most vulnerable in our communities; IRS-CI will work with our law enforcement partners to hold these scammers accountable,” said IRS-CI Special Agent in Charge Kelly Jackson. “I want the citizens of West Virginia to know IRS will NOT call you, email you, ask you to verify your personal information or to sign up for anything in order to receive your COVID-19 economic impact payment. Please stay vigilant, you worked hard for your money, don’t let scammers take it from you by falling victim to their frauds.”
The task force will review and investigate all credible leads of fraud associated with the coronavirus pandemic, regardless of the loss amount, focusing on schemes to exploit vulnerable populations, including the elderly, and concerned citizens. Federal prosecutors from the Southern and Northern Districts of West Virginia, and attorneys from the West Virginia Attorney General’s Office will meet and confer with their agency counterparts from the FBI, HSI, IRS-CI, West Virginia State Police and the state’s Consumer Protection Division on a regular basis to prioritize cases and surge resources where needed. Assistant United States Attorney Erik Goes in the Southern District of West Virginia and Assistant United States Attorney Andrew Cogar in the Northern District of West Virginia and West Virginia Deputy Attorney General / Consumer Protection and Antitrust Division Director Ann Haight will be spearheading the efforts of the task force.
Some examples of coronavirus and COVID-19 scams include:
• Treatment scams: Scammers are offering to sell fake cures, vaccines, and advice on unproven treatments for COVID-19.
• Supply scams: Scammers are creating fake shops, websites, social media accounts, and email addresses claiming to sell medical supplies currently in high demand, such as surgical masks. When consumers attempt to purchase supplies through these channels, fraudsters pocket the money and never provide the promised supplies.
• Provider scams: Scammers are also contacting people by phone and email, pretending to be doctors and hospitals that have treated a friend or relative for COVID-19, and demanding payment for that treatment.
• Charity scams: Scammers are soliciting donations for individuals, groups, and areas affected by COVID-19.
• Phishing scams: Scammers posing as national and global health authorities, including the World Health Organization (WHO) and the Centers for Disease Control and Prevention (CDC), are sending phishing emails designed to trick recipients into downloading malware or providing personal identifying and financial information.
• App scams: Scammers are also creating and manipulating mobile apps designed to track the spread of COVID-19 to insert malware that will compromise users’ devices and personal information.
• Investment scams: Scammers are offering online promotions on various platforms, including social media, claiming that the products or services of publicly traded companies can prevent, detect, or cure COVID-19, and that the stock of these companies will dramatically increase in value as a result. These promotions are often styled as "research reports," make predictions of a specific "target price," and relate to microcap stocks, or low-priced stocks issued by the smallest of companies with limited publicly available information.
• Price Gouging scams: Individuals and businesses may sell essential goods, like hand sanitizer, for significantly higher prices than in a non-emergency setting. It is legally considered price gouging when the price of one of these products increases more than 10 percent its price in effect 10 days prior to an emergency declaration.
To report suspicious activity regarding the COVID-19 virus, residents are asked to call the National Center for Disaster Fraud Hotline at 1-866-720-5721 or email at [email protected].
To report fraud directly to the FBI, please visit their website at https://www.ic3.gov/default.aspx.
Any West Virginia consumer wishing to report scams, price gouging or other matters by which bad actors may try to take advantage of consumers during the COVID-19 pandemic, can call the state’s Consumer Protection Hotline at 1-800-368-8808. Written complaints can be filed at www.wvago.gov.
Don’t be a victim! Visit www.irs.gov for the latest information on new scams and schemes!
Citizens can also call HSI’s general tip-line at 1-866-DHS-2-ICE or email the agency’s Intellectual Property Rights Center at [email protected].
For more information on COVID-19, please go to: www.justice.gov/coronavirus.
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United States Attorney Mike Stuart Urges the Public to Report Suspected COVID-19 FraudRead the Press Release
United States Attorney Stuart To Personally Oversee Coronavirus Response in Southern District of West Virginia
CHARLESTON, W.Va. – United States Attorney Mike Stuart of the Southern District of West Virginia today urged the public to report suspected fraud schemes related to COVID-19 (the Coronavirus) by calling the National Center for Disaster Fraud (NCDF) hotline (1-866-720-5721) or to the NCDF e-mail address [email protected].
In coordination with the Department of Justice, Attorney General William Barr has directed U.S. Attorneys to prioritize the investigation and prosecution of Coronavirus fraud schemes.
“There is no higher priority for me at this time than ensuring that I do everything in my power to have the back of the American people and the citizens of West Virginia,” said United States Attorney Mike Stuart. “The prosecution of fraudsters and scammers has been a priority of mine since becoming the United States Attorney but, especially at this time, we will simply not tolerate anyone taking advantage of the public. Fraudsters and scammers who take advantage of the COVID-19 national crisis will be prosecuted to the fullest extent of the law and I will seek the maximum penalty in every case. I will use every resource at my disposal to protect our citizens from those that would seek to further harm those that may already be suffering at this challenging time. If you suspect fraud, I urge you to contact the NCDF hotline. I have a record and reputation for being tough. Anyone taking advantage of our citizens at this time hasn’t seen anything yet.”
Some examples of these schemes include:
- Individuals and businesses selling fake cures for COVID-19 online and engaging in other forms of fraud.
- Phishing emails from entities posing as the World Health Organization or the Centers for Disease Control and Prevention.
- Malicious websites and apps that appear to share Coronavirus-related information to gain and lock access to your devices until payment is received.
- Seeking donations fraudulently for illegitimate or non-existent charitable organizations.
- Medical providers obtaining patient information for COVID-19 testing and then using that information to fraudulently bill for other tests and procedures.
In a memorandum to U.S. Attorneys issued March 19, Deputy Attorney General Jeffrey Rosen also directed each U.S. Attorney to appoint a Coronavirus Fraud Coordinator to serve as the legal counsel for the federal judicial district on matters relating to the Coronavirus, direct the prosecution of Coronavirus-related crimes, and to conduct outreach and awareness activities. U.S. Attorney Stuart has designated Assistant U.S. Attorney (AUSA) John Frail, one of his most experienced AUSAs, as the Coronavirus Fraud Coordinator for the Southern District of West Virginia. Given the gravity of the situation, coordination is being personally led and directed by U.S. Attorney Mike Stuart. Stuart has directed all AUSAs within the district to be available around the clock to assist and prosecute any matters that arise relating to the current national crisis.
The NCDF can receive and enter complaints into a centralized system that can be accessed by all U.S. Attorneys, as well as Justice Department litigating and law enforcement components to identify, investigate and prosecute fraud schemes. The NCDF coordinates complaints with 16 additional federal law enforcement agencies, as well as state Attorneys General and local authorities.
To find more about Department of Justice resources and information, please visit www.justice.gov/coronavirus.
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United States Attorney Mike Stuart Announces More than $163 Million Available to Fight Addiction CrisisRead the Press Release
CHARLESTON, W.VA. – United States Attorney Mike Stuart today announced that more than $163 million in Department of Justice grants is available to help communities address America’s addiction crisis.
“Our nation is facing the difficult challenge of curbing substance addiction, which threatens public safety and is among the Administration’s top domestic priorities,” said Katharine T. Sullivan, Principal Deputy Assistant Attorney General for the Office of Justice Programs. “The Department of Justice is front and center in the fight to meet this challenge. OJP is making historic amounts of grant funding available to ensure that our communities have access to innovative and diverse solutions.”
“Especially at this time given the immediate national challenge and the continuing critical need to battle the opiate scourge, these funds are needed now more than ever. The funding provided through Department of Justice grant programs is critical to countering the substance abuse and addiction that have destroyed West Virginia communities and devastated our families,” said United States Attorney Mike Stuart. “Although West Virginia is the epicenter of the opioid epidemic, our state is proving to be a model of how to win this fight through resiliency and innovation. I am appreciative that the Department of Justice continues to make funding available to further our efforts.”
The funding is available through OJP, the federal government’s leading source of public safety funding and crime victim assistance in state, local and tribal jurisdictions. OJP’s programs support a wide array of activities and services, including programs designed to prevent overdose deaths and break the cycle of addiction and crime.
A number of funding opportunities that address the addiction crisis are currently open:
- Adult Drug Court and Veterans Treatment Court Discretionary Grant Program
https://bja.ojp.gov/funding/opportunities/bja-2020-17098
Total Available $1.75 million Deadline 5/14/2020
- Comprehensive Opioid, Stimulant, and Substance Abuse Site-based Program
https://bja.ojp.gov/COSSAP20
Total Available $27 million Deadline 5/21/2020
- Enhancing Community Responses to America's Addiction Crisis: Serving Our Youngest Crime Victims
Total Available: $19 million Deadline: 5/4/2020
- Family Drug Court Program
https://ojjdp.ojp.gov/funding/opportunities/ojjdp-2020-17090
Total Available $18.2 million Deadline 4/8/2020 (Extended)
- Harold Rogers Prescription Drug Monitoring Program
https://bja.ojp.gov/funding/opportunities/bja-2020-17754
Total Available $28.1 Deadline 5/5/2020
- Juvenile Drug Treatment Court Program
https://ojjdp.ojp.gov/funding/opportunities/ojjdp-2020-17051
Total Available $7.2 million Deadline 4/13/2020 (Extended)
- Mentoring Opportunities for Youth Initiative
https://ojjdp.ojp.gov/funding/opportunities/ojjdp-2020-16930
Total Available $48 million Deadline 4/13/2020
- Opioid Affected Youth Initiative
https://ojjdp.ojp.gov/funding/opportunities/ojjdp-2020-17352
Total Available $9 million Deadline 4/20/2020
- Research and Evaluation on Drugs and Crime
https://nij.ojp.gov/funding/opportunities/nij-2020-17275
Total Available $1 million Deadline 4/20/2020
- Residential Substance Abuse Treatment for State Prisoners
https://bja.ojp.gov/RSAT20
Total Available $4.5 million Deadline 4/6/2020
For more information regarding all OJP funding opportunities, visit https://www.ojp.gov/funding/explore/current-funding-opportunities
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Project Safe Neighborhoods -- Two Felons Appear in Federal Court for Gun CrimesRead the Press Release
HUNTINGTON, W.Va. – Two felons appeared before United States District Judge Robert C. Chambers this week for gun crimes, announced United States Attorney Mike Stuart.
Terry James Cox, age 35, of Huntington, was sentenced to 27 months in prison for being a felon in possession of a firearm. Cox previously pled guilty and admitted that on August 9, 2019, he possessed a Kel-Tec .380 pistol. Cox also admitted that he had been convicted of unlawful wounding and attempt to commit a felony in 2005 and 2010, respectively, and, as a result, was prohibited from carrying a firearm. The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), along with the Huntington Drug Task Force and the Huntington Police Department, conducted the investigation. Assistant United States Attorney Greg McVey handled the prosecution.
In a separate case, Anthony Smith, 44, of Wayne, pled guilty to being a felon in possession of a firearm. On April 8, 2019, Troopers with the West Virginia State Police searched Smith’s 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. Smith faces up to 10 years in prison when he is sentenced on June 15, 2020. The West Virginia State Police conducted the investigation. Assistant United States Attorney Stephanie S. Taylor is handling the prosecution.
These cases are part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. Attorney General Jeff Sessions reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.
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