Southern District of West Virginia
Press releases recorded for this federal judicial district.
Statement from United States Attorney Mike Stuart Regarding COVID-19Read the Press Release
CHARLESTON, W.Va. – United States Attorney Mike Stuart issued the following statement regarding the continuity of office operations and defending against scams relating to the COVID-19 pandemic:
“My office is following the guidance of Attorney General Barr, which makes it clear that the critical mission of the Department of Justice continues. All office locations (Charleston, Huntington and Beckley) remain open and members of my team are continuing the administration of justice, enforcement of the Rule of Law, and the protection and safety of the people of West Virginia. I am grateful for the commitment and dedication of my team and our law enforcement partners during this unprecedented time. I am doing all I can to protect the health and safety of my team even as we continue with the critical mission of ensuring the health and safety of the people of West Virginia.
It is an absolute priority for me and my team to detect, investigate and prosecute all criminal conduct related to the pandemic. Citizens should remain vigilant -- scammers & fraudsters never let an opportunity to scam and defraud go to waste. Fraud against our seniors or against consumers is despicable -- especially when it is intended to take advantage of the natural fear and anxiety of a National Emergency and the COVID-19 situation. When it comes to the COVID-19 situation, whether it’s a fake “charitable” cause or a fake “cure,” don’t be duped. Use common sense, never give out your personal info, banking info or Social Security number, and never buy a gift card because someone wants paid “right now.” If you’re confused or unsure, you should consult a friend or family member, and if you suspect fraud, report it to law enforcement and the FTC at consumer.ftc.gov. If you are aware of such misconduct, please notify law enforcement as quickly as possible. My office will be working with our federal, state and local law enforcement partners to ensure that all appropriate enforcement tools are made available to punish wrongdoers.”
Follow us on Twitter: SDWVNews and USAttyStuart
###
Whitesville Man on Supervised Release Pleads Guilty to Second Child Pornography ChargeRead the Press Release
CHARLESTON, W.Va. – A Whitesville man has pled guilty to possession of child pornography, announced United States Attorney Mike Stuart. Daniel Runion, 34, pled guilty in May 2019 to one count of possessing child pornography.
“Egregious. Runion has now been convicted of a second federal child pornography offense, as well as being a felon in possession of a firearm,” said United States Attorney Mike Stuart. “I commend the law enforcement agencies involved and my team for protecting West Virginia children from Runion by securing these convictions.”
Runion admitted that he possessed child pornography on his smart phone while in Marmet, Kanawha County. The images showed a minor female performing oral sex on an adult male. In connection with that activity, Runion also admitted that he sent a video of child pornography over Facebook to another user of the social media website. At the time of the offense, Runion had been recently released from prison after serving a 97 month sentence and was currently serving his 15 year term of supervised release resulting from a 2012 federal conviction for receiving child pornography.
Today, the Court found Runion to be in violation of his supervised release and revoked his release. Runion faces up to 20 years in prison when sentenced on June 22, 2020. In a separate case, Runion pled guilty to being a felon in possession of a firearm on October 29, 2019. He is awaiting sentencing on that charge, for which he faces up to 10 years in prison.
The West Virginia State Police and Homeland Security Investigations (HSI) conducted the investigation. Senior United States District Judge John T. Copenhaver, Jr. 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.
Follow us on Twitter: SDWVNews and USAttyStuart
###
Operation X-Nation: Princeton Man Enters Guilty Plea to Federal Drug CrimeRead the Press Release
BLUEFIELD, W.Va. – A Princeton man pled guilty today for his participation in a drug trafficking operation in Mercer County, announced United States Attorney Mike Stuart. David Simmons, 51, of Princeton, pled guilty to conspiracy to distribute a quantity of oxymorphone and oxycodone. Simmons was charged as a result of a long-term, multi-state, investigation known as Operation X-Nation.
“Operation X-Nation demonstrates our continued efforts to hold prescription pill traffickers accountable,” said United States Attorney Mike Stuart. “Although we have made tremendous progress in that regard, we are not ‘taking our eye off the ball’.”
Simmons 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, Simmons 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. In or about the month of August, 2019, Simmons had telephone calls intercepted by law enforcement. During these calls, Simmons was discussing the distribution of oxymorphone and oxycodone with other members of the DTO. During this time period, Simmons admitted that he was responsible for conspiring to distribute approximately 210 oxymorphone pills and approximately 257 oxycodone pills. Simmons also admitted it was the plan to re-distribute the pills in and around Mercer County.
Simmons faces up to 20 years in federal prison and $1 million fine when he is sentenced on July 6, 2020.
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 prosecution. The plea hearing was held before Senior United States District Judge David A. Faber.
This case was brought under the Department of Justice’s Organized Crime Drug Enforcement Task Force (OCDETF). OCDETF was established in 1982 to conduct comprehensive, multilevel attacks on major drug trafficking and money laundering organizations and is the keystone of the Department of Justice’s drug reduction strategy. Today, OCDETF combines the resources and expertise of its member federal agencies in cooperation with state and local law enforcement. The principal mission of the OCDETF program is to identify, disrupt, and dismantle the most serious drug trafficking organizations, transnational criminal organizations, and money laundering organizations that present a significant threat to the public safety, economic, or national security of the United States.
Follow us on Twitter: SDWVNews and USAttyStuart
###
Charleston Woman Pleads Guilty to Federal Meth and Gun ChargesRead the Press Release
HUNTINGTON, W.Va. – A Charleston woman caught with multiple pounds of methamphetamine and a firearm last year pled guilty to drug and gun charges today in federal court, announced United States Attorney Mike Stuart. Krista Lynn Morris, 34, pled guilty to possession with intent to distribute 500 grams or more of methamphetamine and unlawful possession of a firearm by a drug user.
“Morris was peddling significant quantities of meth,” said United States Attorney Mike Stuart. “Our law enforcement partners are working tirelessly to identify and investigate meth traffickers like Morris and, as a result, we are prosecuting scores of meth dealers.”
On April 2, 2019, agents contacted Morris in Teays Valley after learning that she was suspected of selling methamphetamine. Agents seized approximately an ounce of methamphetamine from Morris and learned that she had rented a hotel room at the Holiday Inn in South Charleston. Agents subsequently conducted a search of the room and seized approximately eight pounds of methamphetamine which Morris possessed. Morris admitted to agents that she was involved in distributing methamphetamine to multiple customers.
On August 28, 2019, agents arrested Morris and conducted a search of her residence in Charleston. During the search, agents recovered a Smith & Wesson .380 caliber pistol which Morris admitted she possessed. Morris also admitted that she was a methamphetamine user and thus, she was prohibited from possessing a firearm under federal law.
Morris faces 10 years to life in prison when sentenced on June 15, 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 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 presided over the hearing. Assistant United States Attorney Joseph F. Adams is handling the prosecution.
Follow us on Twitter: SDWVNews and USAttyStuart
###
Project Guardian: Five Felons Appear in Federal Court on Gun ChargesRead the Press Release
CHARLESTON, W.Va. – Five felons appeared in federal court on gun charges this week, announced United States Attorney Mike Stuart.
Paul William Martin, 34, of South Charleston, was sentenced to 46 months in prison for being a felon in possession of firearms. Martin was also sentenced to 18 months for violating his previous term of supervised release, which will run concurrently. A federal grand jury convicted Martin in December of 2019, following a two-day trial. Martin was indicted on being a felon in possession of a firearm due to previous convictions for possession of a stolen vehicle, forgery, daytime burglary, and fraudulent use of an access device in Kanawha County, West Virginia. Martin also had a previous federal conviction for being a felon in possession of a firearm in the Southern District of West Virginia. At the time of his arrest for this charge, Martin was on supervised release for that previous conviction. On October 12, 2018, Jason Buzzard had picked up Martin at the Sheetz gas station in order to sell him firearms. As part of the transaction, Martin and Buzzard were going to exchange drugs as well as guns and cash. Shortly after they met, and while they were en route to conduct the deal, Martin and Buzzard were stopped by officers with the South Charleston Police Department. Those officers were able to locate and recover a .25 semi-automatic handgun and a .22 caliber revolver. The South Charleston Police Department conducted the investigation with assistance from the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). United States District Judge Joseph R. Goodwin presided over the hearing. Assistant United States Attorneys L. Alexander Hamner and Andrew Tessman handled the prosecution.
Michael Q. Cottrell, 23, of Charleston, was sentenced to 21 months in federal prison for being a felon in possession of firearms. A federal jury convicted Cottrell, 23, on November 8, 2019, of possessing firearms despite being prohibited as a felon. On August 25, 2018, Cottrell was the driver of a vehicle that crashed on Garrison Avenue in the early morning hours. Cottrell left the scene of the car crash while a male passenger remained inside the overturned car. The car caught on fire and elderly residents of Garrison Avenue had to extinguish the flames. Investigators discovered a jail call from Cottrell in which he admitted to speeding down Garrison Avenue and crashing his car into a telephone pole and a fence. Police recovered two firearms, a pistol and a revolver, at the scene of the crash. At trial, evidence established that Cottrell threw one of the firearms next to a nearby shed in a resident’s yard. Cottrell had been seen earlier that same night with the other firearm, which juveniles playing basketball located hours after the crash. At trial, Cottrell stipulated that he was a felon and that he knew he was a felon at the time of the car crash. The Charleston Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) conducted the investigation. Assistant United States Attorneys Kristin F. Scott and Joshua C. Hanks handled the prosecution.
Shad Michael Knight, 27, of Parkersburg, pled guilty to being a felon in possession of a firearm. Knight admitted that on October 21, 2019, he was driving a blue Chevrolet Cruze when it was pulled over in the 1000 block of 29th Street in Parkersburg due to a busted tail light and Knight having a suspended driver’s license. During the traffic stop a Parkersburg Police Department K-9 responded to the scene and provided a positive indication for the presence of controlled substances within the vehicle. The vehicle was then searched, and officers located a backpack behind the driver’s seat containing a 9mm pistol, two loaded magazines, two boxes of 9mm ammunition, several small plastic bags, and a small amount of methamphetamine. Knight admitted that the firearm was within his possession, that he had placed the firearm in the backpack prior to the traffic stop, and that he knew that he was not permitted to possess firearms under federal law. Knight had previously been convicted of possession of a controlled substance with intent to deliver in Wood County Circuit Court, and was still on parole for that offense when this incident occurred. Knight faces up to ten years in prison when sentenced on June 24, 2020. The Parkersburg Narcotics Task Force, the Parkersburg Police Department, and the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) conducted the investigation. United States District Judge Irene C. Berger presided over the hearing. Assistant United States Attorney Jeremy B. Wolfe is handling the prosecution.
Jeromee Todd Donaway, 31, of Parkersburg, pled guilty to being a felon in possession of a firearm. On February 25, 2019, the Parkersburg Police Department responded to a residence on Broadway Avenue to investigate a complaint that Donaway had been seen waiving a firearm while screaming at someone. The responding officers detained Donaway and located a loaded Cobra .380 caliber pistol. At the time of the arrest, Donaway was on bond for a previous incident on December 22, 2018 when the Vienna Police Department seized two pistols from him during a traffic stop on Grand Central Avenue. As a convicted felon, Donaway was prohibited from possessing the firearms. During the plea hearing, Donaway admitted that he possessed the firearms on both occasions. He further admitted that at the time he possessed the weapons, he knew he had been convicted of several felony offenses including being convicted in Wood County Circuit Court in 2017 of possession with intent to deliver a controlled substance. Donaway faces up to 10 years in federal prison when he is sentenced on June 2, 2020. The Parkersburg Police Department and the Vienna Police Department conducted the investigation. United States District Judge Joseph R. Goodwin presided over the hearing. Assistant United States Attorney Josh Hanks is handling the prosecution.
Ricky Nelson, 31, of Logan County, pled guilty to being a felon in possession of a firearm. Nelson admitted that on April 30, 2018, he possessed a RG Model 23, .22 in Logan County, West Virginia. While in his possession, the gun fired, shooting another person. His possession of the firearm was illegal due to his having been convicted in the Circuit Court of Logan County for robbery in the first degree in violation of W.Va. Code § 61-2-12. Nelson faces up to 10 years in prison when sentenced on June 16, 2020. The Boone County Sheriff’s Office conducted the investigation. United States District Senior Judge John T. Copenhaver, Jr. presided over the hearing. Assistant United States Attorney Christopher Arthur is handling the prosecution.
These cases are part of Project Guardian, the Department of Justice’s signature initiative to reduce gun violence and enforce federal firearms laws. Initiated by the Attorney General in the fall of 2019, Project Guardian draws upon the Department’s past successful programs to reduce gun violence; enhances coordination of federal, state, local, and tribal authorities in investigating and prosecuting gun crimes; improves information-sharing by the Bureau of Alcohol, Tobacco, Firearms and Explosives when a prohibited individual attempts to purchase a firearm and is denied by the National Instant Criminal Background Check System (NICS), to include taking appropriate actions when a prospective purchaser is denied by the NICS for mental health reasons; and ensures that federal resources are directed at the criminals posing the greatest threat to our communities. The United States Attorney’s Office has prosecuted these cases with support from the Project Guardian partners noted above. For more information about Project Guardian, please see: https://www.justice.gov/projectguardian.
Follow us on Twitter: SDWVNews and USAttyStuart
###
Ohio Man Pleads Guilty to Federal Methamphetamine ChargeRead the Press Release
Charleston, W.Va. – A Columbus, Ohio man pled guilty to a drug crime, announced United States Attorney Mike Stuart. Darrell Gossett, age 34, pled guilty to possession with intent to distribute 50 grams or more of methamphetamine.
“Sounds like a comedy but it was real life -- drug dealer with 250 grams of meth backs into a police car,” said United States Attorney Mike Stuart. “It’s not a comedy but maybe a comedy of errors. Law enforcement was able to seize the meth before Gossett could peddle it throughout southern West Virginia.”
Gossett admitted that on November 6, 2019, he possessed over 250 grams of methamphetamine hidden inside his vehicle. Investigators were approaching 2403 Whitman Creek Road in Whitman to investigate possible drug activity when Gossett quickly backed out of the location, striking a police cruiser. A subsequent search of his vehicle led to the seizure of the methamphetamine. As part of his guilty plea, Gossett admitted that he planned on selling the methamphetamine.
Gossett faces up to 40 years in prison when sentenced on June 17, 2020.
The Logan County Sheriff’s Department conducted the investigation. United States District Judge Irene C. Berger presided over the hearing. Assistant United States Attorney Nowles Heinrich is handling the prosecution.
Follow us on Twitter: SDWVNews and USAttyStuart
###Cedar Grove Man Pleads Guilty to Federal Child Pornography ChargeRead the Press Release
CHARLESTON, W.Va. – A Cedar Grove man pled guilty to possession of child pornography, announced United States Attorney Mike Stuart. Benjamin Franklin Thomas, 32, pled guilty to one count of possessing child pornography in January 2019.
“Make no mistake, we’re coming after those that sexually exploit children,” said United States Attorney Mike Stuart. “We’ll prosecute them to the fullest extent of the law and seek maximum prison sentences.”
Thomas admitted that that he used his smart phone to search for images of child pornography on the Internet, download the images, and save them to his Google Photos while residing in Cedar Grove in Kanawha County. Images possessed by Thomas included prepubescent minors and images depicting sadistic or masochistic conduct and sexual exploitation of very young children.
Thomas faces up to 20 years in prison when sentenced on June 18, 2020.
The South Charleston Police Department, the Cedar Grove Police Department, the United States Secret Service, and the West Virginia State Police Internet Crimes Against Children Task Force conducted the investigation. Senior United States District Judge John T. Copenhaver, Jr. presided over the hearing. Assistant United States Attorney Kristin F. Scott is handling the prosecution.
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.
Follow us on Twitter: SDWVNews and USAttyStuart
###
Sissonville Man Pleads Guilty to Role in Federal Meth ConspiracyRead the Press Release
HUNTINGTON, W.Va. – A Sissonville man pled guilty in federal court for his role in a conspiracy that involved large quantities of methamphetamine which were transported from Akron and sold in West Virginia, announced United States Attorney Mike Stuart. Michael Eugene Hicks, 36, pled guilty to conspiracy to distribute 50 grams or more of methamphetamine and possession with intent to distribute 500 grams or more of methamphetamine.
“Hicks is one of 21 individuals indicted for their roles in a large meth trafficking conspiracy,” said United States Attorney Mike Stuart. “My office will use every available resource to shut down the pipeline of deadly drugs coming into West Virginia, prosecute those responsible to the fullest extent of the law, and protect the people of our state.”
Hicks admitted that between the July and September of 2019, he participated in a conspiracy with multiple individuals to distribute methamphetamine in the Sissonville and Charleston areas. During the conspiracy, Hicks repeatedly obtained large quantities of methamphetamine which were transported from Akron to West Virginia. Hicks would in turn distribute the methamphetamine to various customers and admitted that he knew some of his customers intended to re-distribute the methamphetamine they were purchasing.
On August 5, 2019, Hicks traveled from West Virginia to the Canton, Ohio area to acquire additional methamphetamine. After receiving the methamphetamine in a shopping mall parking lot, Hicks was stopped by the Ohio State Highway Patrol in Canton. Hicks was found to be in possession of approximately 5 pounds of methamphetamine that he was transporting to West Virginia to sell.
As part of his plea, Hicks admitted that he was responsible for distributing up to 5 kilograms of methamphetamine during the conspiracy.
Hicks faces 10 years to life in prison when sentenced on June 29, 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 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 presided over the hearing. Assistant United States Attorney Joseph F. Adams is handling the prosecution.
Follow us on Twitter: SDWVNews and USAttyStuart
###
Huntington Woman Sentenced for Federal Heroin ConvictionRead the Press Release
HUNTINGTON W.Va. – A Huntington woman caught selling heroin in Huntington in 2018 was sentenced to 36 months in federal prison, announced United States Attorney Mike Stuart. Tonya Lynn Thompson, 37, previously entered a guilty plea to distributing heroin.
“Thompson was selling a number of deadly drugs from her Huntington residence,” said United States Attorney Mike Stuart. “As a result of the good work of the Cabell County Sheriff’s Department, she will now reside in a federal prison.”
On July 11, 2018, an informant working at the direction of the Cabell County Sheriff’s Department went to Thompson’s residence located at 831 15th Street in Huntington to purchase heroin. Inside the residence, Thompson sold the informant heroin in exchange for $140. Thompson also admitted as part of her plea agreement that she assisted in the sale of fentanyl to an informant the prior day at her residence.
On July 16, 2018, deputies executed a search warrant at Thompson’s residence. During the search, deputies recovered approximately 12 grams of fentanyl and approximately 48 grams of methamphetamine. Also as part of her plea agreement, Thompson admitted that she distributed fentanyl, heroin, and methamphetamine in Huntington between July of 2017 and July of 2018. Thompson further admitted that she allowed others to stay in her residence for the purpose of storing and selling drugs.
The Cabell County Sheriff’s Department conducted the investigation. Assistant United States Attorney Joseph F. Adams handled the prosecution. The sentence was imposed by United States District Judge Robert C. Chambers.
Follow us on Twitter: SDWVNews and USAttyStuart
###
Huntington Man on Supervised Release Sentenced to Prison for Selling HeroinRead the Press Release
HUNTINGTON, W.Va. - A Huntington man, Andre Womble, 30, was sentenced to 21 months for selling heroin, announced United States Attorney Mike Stuart. In a separate proceeding, Womble was sentenced to 24 months in prison for violating the terms of his supervised release by selling heroin. The sentences will run consecutive to one another for a 45 month prison sentence.
“Womble was selling drugs before even completing his term of supervised release from a previous federal drug conviction,” said United States Attorney Mike Stuart. “His return to criminal activity gets him more time in prison.”
Womble previously admitted that on June 18, July 12, and July 19, 2019 he sold heroin to an informant in Huntington, West Virginia.
The Huntington Police Department conducted the investigation. United States District Judge Robert C. Chambers imposed the sentence. Assistant United States Attorney Stephanie S. Taylor handled the prosecution.
This case is being prosecuted as part of Operation Synthetic Opioid Surge (S.O.S.), an enforcement surge that seeks to reduce the supply of deadly synthetic opioids in high impact areas.
Follow us on Twitter: SDWVNews and USAttyStuart
###
Huntington Man Pleads Guilty to Federal Methamphetamine ChargeRead the Press Release
HUNTINGTON, W.Va. – A Huntington man who was arrested after postal inspectors seized a large quantity of methamphetamine in the mail, pled guilty today, announced United States Attorney Mike Stuart. Stewart Longworth Jordan III, 27, pled guilty to attempted possession with intent to distribute 50 grams or more of methamphetamine.
“Postal Inspectors play a critical role in our drug enforcement efforts,” said United States Attorney Mike Stuart. “In this one instance, USPS intercepted more than two pounds of meth on its way to Jordan, which he intended to sell. Just because it fits doesn’t mean it’s legal to ship.”
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 2 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.
Jordan faces 5 to 40 years in prison when sentenced on June 16, 2020.
The United States Postal Inspection Service and the West Virginia State Police – Violent Crime and Drug Task Force West conducted the investigation. United States District Judge Robert C. Chambers presided over the hearing. Assistant United States Attorney Joseph F. Adams is handling the prosecution.
Follow us on Twitter: SDWVNews and USAttyStuart
###
Charleston Man Pleads Guilty to Federal Gun CrimesRead the Press Release
CHARLESTON, W.Va. – A Charleston man pled guilty to federal gun crimes today, announced United States Attorney Mike Stuart. John Miller, 23, pled guilty making a false statement during the purchase of a firearm, possession of a firearm by a prohibited person, possession of a firearm in a school zone, and discharge of a firearm in a school zone.
“Miller, a prohibited person, lied to get a gun. He then shot it near an elementary school during a drug deal,” said United States Attorney Mike Stuart. “We are working closely with ATF and state and local law enforcement to get those who pose a threat of violence to our communities off of our streets.”
On April 7, 2019, Miller went to Cabela’s near Corridor G in Charleston, which is a licensed firearm dealer, and purchased a Taurus G2C 9 mm pistol. Prior to purchasing the firearm, he checked “no” in response to a question on the DOJ ATF Firearms Transaction Record Form 4473 indicating he was not an unlawful user of and addicted to a controlled substance, but he knew that to be a false statement as he was an unlawful user of and addicted to marijuana. Shortly after purchasing the firearm, he took it within a distance of 1,000 feet of Mary C. Snow West Side Elementary School and discharged it during a drug deal.
Miller faces up to 20 years imprisonment on the false statement and felon in possession charges, and up to five years, to run consecutively, on the charges relating to possession and discharge of a firearm in a school zone. Miller is scheduled to be sentenced on June 1, 2020.
The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and the Charleston Police Department conducted the investigation. United States District Judge Joseph R. Goodwin presided over the hearing. Assistant United States Attorneys Ryan A. Saunders and Negar M. Kordestani are 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.
This case is also 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 this case with support from the Project Guardian partners listed above. For more information about Project Guardian, please see: https://www.justice.gov/projectguardian.
Follow us on Twitter: SDWVNews
###
Department of Justice Launches a National Nursing Home InitiativeRead the Press Release
CHARLESTON, W.Va. – United States Attorney Mike Stuart joined Attorney General William P. Barr in announcing the Department of Justice’s National Nursing Home Initiative, which will coordinate and enhance civil and criminal efforts to pursue nursing homes that provide grossly substandard care to their residents.
This initiative is focusing on some of the worst nursing homes around the country and the Department has already initiated investigations into approximately thirty individual nursing facilities in nine states as part of this effort.
“Millions of seniors count on nursing homes to provide them with quality care, and to treat them with dignity and respect when they are most vulnerable,” said Attorney General William P. Barr. “Yet, all too often, we have found nursing home owners or operators who put profits over patients, leading to instances of gross abuse and neglect. This national initiative will bring to justice those owners and operators who have profited at the expense of their residents, and help to ensure residents receive the care to which they are entitled.”
“West Virginia has a significant elder population and many families depend on nursing homes to provide excellent quality care to their loved ones,” said United States Attorney Mike Stuart. “We will bring all available federal resources to bear on nursing homes in the District that put greed before resident care. We are committed to protecting and ensuring justice for West Virginia seniors.”
The department considers a number of factors in identifying the most problematic nursing homes. For example, the department looks for nursing homes that consistently fail to provide adequate nursing staff to care for their residents, fail to adhere to basic protocols of hygiene and infection control, fail to provide their residents with enough food to eat so that they become emaciated and weak, withhold pain medication, or use physical or chemical restraints to restrain or otherwise sedate their residents. These care failures cause residents to suffer in pain and to be exposed to the great indignities. Care failures cause residents to develop pressure sores down to the bone, to lie in their own waste for hours, to starve because they cannot reach the food on their trays and to remain unwashed for weeks at a time. Nursing homes that provide grossly substandard care also force vulnerable elderly residents who cannot leave the facilities to live in filthy and dangerous conditions where there are leaks in the roofs, mold is found growing and rodents found living in residents’ rooms. These are some of the actions and the inactions that the department intends to pursue.
The National Nursing Home Initiative reflects the department’s larger strategy and commitment to protecting our nation’s seniors, coordinated by the department’s Elder Justice Initiative in conjunction with the U.S. Attorneys’ Offices. The Elder Justice Initiative and the U.S. Attorneys’ Offices are essential to the department’s investigative and enforcement efforts against nursing homes and other long-term care entities that deliver grossly substandard care to Medicare and Medicaid beneficiaries. The Initiative and the U.S. Attorneys’ Offices also support the efforts of state and local prosecutors, law enforcement, and other elder justice professionals to combat elder abuse, neglect and financial exploitation, with the development of training, resources, and information. Learn more about the Justice Department’s Elder Justice Initiative at http://www.justice.gov/elderjustice/.
Follow us on Twitter: SDWVNews
###
Three Defendants Plead Guilty in Federal Court to Sex Offenses Involving MinorsRead the Press Release
BECKLEY, W.Va. – United States Attorney Mike Stuart announced that three different defendants appeared in federal court during the past week to plead guilty to sex offenses involving minors.
“No child should ever have to endure these acts of human depravity. These are the most despicable of crimes because they are committed against the very people we are supposed to protect and nurture - our kids,” said United States Attorney Mike Stuart. “My prosecutors work tirelessly with federal, state and local law enforcement agencies throughout the District to track down child predators and hold them accountable.”
On February 28, 2020, Joshua T. Haynes, 41, of Virginia, pled guilty to attempted sex trafficking of a minor. Haynes admitted that between October 31 and November 2, 2019, he communicated with a man who stated he could provide a 14 or 15-year-old female to Haynes. Haynes agreed to pay the man money in exchange for sexual activity with the purported minor female. On November 2, 2019, Haynes met with the man in Sam Black Church, West Virginia, and paid him the agreed upon sum in order to have sex with the minor, at which time Haynes was placed under arrest. Haynes faces at least 10 years and up to life in federal prison when he is sentenced on July 20, 2020.
Also on February 28, 2020, Matthew David Lambert, 26, of Renick, West Virginia, pled guilty to attempting to receive child pornography. Lambert admitted that from on October 31 to November 1, 2019, he communicated via a social messaging application with a minor he believed to be a 14-year-old girl he understood to be located in Lewisburg, West Virginia. Despite knowing her age, Lambert repeatedly asked her to send him sexually explicit photographs of herself. When the purported minor refused, they agreed that they would meet at a hotel in Lewisburg, West Virginia, to engage in sexual activity, and Lambert would record this sexual activity on his cell phone. On November 1, 2019, Lambert traveled to a hotel in Lewisburg in order to engage in sexual intercourse with the purported 14-year-old girl. Lambert faces at least 5 and up to 20 years in federal prison when he is sentenced on July 10, 2020.
On March 2, 2020, Joshua Kevin Laxton, 29, of Lashmeet, West Virginia, pled guilty to traveling in interstate commerce in order to engage in illicit sexual activity with a minor. Laxton admitted that on September 14, 2019, he began communicating via text messages with a minor he believed to be a 14-year-old girl located in Lewisburg, West Virginia. Despite knowing her age, Laxton discussed meeting the minor to engage in sexual intercourse. On November 1, 2019, Laxton drove through Virginia to meet the purported minor at an arranged meeting location in Lewisburg in order to engage in sexual intercourse. Laxton faces up to 30 years in federal prison when he is sentenced on July 6, 2020.
Upon release from prison, all three defendants will be required to serve a term of supervised release of at least five years and up to life. They will also be required to register as sex offenders. The investigations were all conducted by the Federal Bureau of Investigation’s West Virginia Child Exploitation and Human Trafficking Task Force, which included task force officers from the West Virginia State Police, the Kanawha County Sheriff’s Department, and the Ashland (Kentucky) Police Department, with additional assistance from the Greenbrier County Sheriff’s Department. Assistant United States Attorney Jennifer Rada Herrald is in charge of the prosecutions. United States District Judge Frank W. Volk presided over the plea hearings.
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.
Follow us on Twitter: SDWVNews
###
Department of Justice Charges Unprecedented Number of Elder Fraud Defendants Nationwide and Launches HotlineRead the Press Release
CHARLESTON, W.VA. – United States Attorney Mike Stuart joined Attorney General William P. Barr, FBI Director Christopher A. Wray, and Chief Postal Inspector Gary R. Barksdale today in announcing the largest coordinated sweep of elder fraud cases in history. This year, prosecutors charged more than 400 defendants, far surpassing the 260 defendants charged in cases as part of last year’s sweep. In each case, offenders allegedly engaged in financial schemes that targeted or largely affected seniors. In total, the charged elder fraud schemes caused alleged losses of over a billion dollars.
Just last week, Patricia Dudding, 68, of Huntington, West Virginia, was indicted for her role in an international Nigerian fraud scheme. It is the largest elder fraud scheme ever prosecuted in West Virginia history. The indictment charges Dudding with conspiracy to commit money laundering, bank fraud and unlawful money transactions. The indictment alleges that Dudding acted as a money mule for a Nigerian scammer and that over $3 million was transferred or deposited into her accounts during the course of the scheme. The indictment also seeks forfeiture of nearly $1.9 million related to the alleged scheme.
“Americans are fed up with the constant barrage of scams that maliciously target the elderly and other vulnerable citizens,” said Attorney General William P. Barr. “This year, the Department of Justice prosecuted more than 400 defendants, whose schemes totaled more than a billion dollars. I want to thank the men and women of the Department’s Consumer Protection Branch, which coordinated this effort, and all those in the U.S. Attorneys’ Offices and Criminal Division who worked tirelessly to bring these cases. The Department is committed to stopping the full range of criminal activities that exploit America’s seniors.”
“Elder fraud is a diabolical crime that preys on the vulnerabilities of some of the most vulnerable among us,” said United States Attorney Mike Stuart. These crimes are devastating to victims who often lose their life savings. We are using both criminal and civil enforcement tools to hold fraudsters accountable and seek justice for the victims.”
“The exploitation of a vulnerable population is a particular evil,” said United States Secret Service Resident Agent in Charge Wade Fleming. “We will continue to work with our federal, state and local law enforcement partners to bring offenders to justice and recover money for the victims.”
This interactive map (https://www.justice.gov/civil/elder-fraud-sweeps-2020) provides information on the elder fraud cases highlighted by today’s sweep announcement.
Elder Fraud Hotline
Attorney General Barr also announced the launch of a National Elder Fraud Hotline, which will provide services to seniors who may be victims of financial fraud. The Hotline will be staffed by experienced case managers who can provide personalized support to callers. Case managers will assist callers with reporting the suspected fraud to relevant agencies and by providing resources and referrals to other appropriate services as needed. When applicable, case managers will complete a complaint form with the Federal Bureau of Investigation Internet Crime Complaint Center (IC3) for Internet-facilitated crimes and submit a complaint to the Federal Trade Commission on behalf of the caller. The Hotline’s toll free number is 833-FRAUD-11 (833-372-8311).
For the second year, the Department of Justice and its law enforcement partners also took comprehensive action against the money mule network that facilitates foreign-based elder fraud. Generally, perpetrators use a “money mule” to transfer fraud proceeds from a victim to ringleaders of fraud schemes who often reside in other countries. Some of these money mules act unwittingly, and intervention can effectively end their involvement in the fraud. The FBI and the Postal Inspection Service took action against over 600 alleged money mules nationwide by conducting interviews, issuing warning letters, and bringing civil and criminal cases. Agents and prosecutors in more than 85 federal district participated in this effort to halt the money flow from victim to fraudster. These actions against money mules were in addition to the criminal and civil cases announced as part of this year’s elder fraud sweep.
These outreach efforts have helped to prevent seniors from falling prey to scams and have frustrated offenders’ efforts to obtain even more money from vulnerable elders.
The charges announced today are allegations, and the defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Follow us on Twitter: SDWVNews
###
Project Safe Childhood -- Two Defendants Sentenced to Federal Prison for Child Pornography OffensesRead the Press Release
BECKLEY, W.Va. – United States Attorney Mike Stuart announced that two different Project Safe Childhood (PSC) defendants were sentenced to federal prison today for child pornography offenses.
“Wallace and Blake will be in federal prison for many years because of their heinous crimes,” said United States Attorney Mike Stuart. “Protecting West Virginia children is a top priority for me and my office. We continue to hold PSC defendants accountable by prosecuting them to the fullest extent of the law.”
Charles Larry Wallace, Jr., 47, of Coal City, West Virginia, was sentenced to serve 262 months (21 years, 10 months) in federal prison for producing child pornography. Upon release from prison, Wallace will be required to serve a lifetime term of supervised release and register as sex offender. Wallace previously admitted that on January 5, 2019, he took several sexually explicit images of a child under the age of 12 who was in his care at the time. Wallace distributed those images to at least one other individual.
Gordon Blake, 62, of Beckley, West Virginia, was sentenced to serve 14 years in federal prison for possession of child pornography. Upon release from prison, Blake will be required to serve a term of 20 years of supervised release and register as sex offender. Blake previously admitted that on July 21, 2018, he possessed over 600 images of child pornography, many of which depicted prepubescent minors and some of which depicted sadistic conduct. Blake also has previous Pennsylvania convictions from 1997 related to the sexual assault of two minors under the age of 12.
The investigations were conducted by the West Virginia States Police Internet Crimes Against Children Task Force and Homeland Security Investigations. Assistant United States Attorney Jennifer Rada Herrald is in charge of the prosecutions. United States District Judge Frank W. Volk presided over both sentencing hearings.
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.
Follow us on Twitter: SDWVNews and USAttyStuart
###
Operation Shutdown Corner Update: Bluefield Woman Enters Guilty Plea to Federal Drug CrimeRead the Press Release
BECKLEY, W.Va. – A Bluefield woman pled guilty today for her participation in a drug trafficking operation (DTO) in Raleigh and Mercer Counties, announced United States Attorney Mike Stuart. Marika Davis, 38, of Bluefield, pled guilty to conspiracy to distribute a quantity of methamphetamine. Davis was charged as a result of a long-term, multi-state, investigation known as Operation Shutdown Corner.
“Mercer and Raleigh counties are not immune from the drug scourge,” said United States Attorney Mike Stuart. “Operation Shutdown Corner was a critical operation that made the lives of citizens better and safer. We continue with a sense of urgency to zero in on those that sell and distribute poisons to our kids and families.”
Davis admitted that between February 2019, and August 9, 2019, she participated in a DTO operating in Raleigh County and Mercer County, West Virginia by allowing drugs to be shipped to her home address at the request of other members of the DTO. At the hearing, Davis admitted that she was paid to have packages delivered to her house. She also admitted that on August 9, 2019, that she was transporting a package that had been delivered to her house in Bluefield and was delivering it to another member of the DTO in Beckley. She further admitted that after picking up the other member of the DTO, a police officer pulled her over for a traffic violation. At that time officers found the package she was delivering and discovered that it contained approximately two pounds of methamphetamine. Through additional investigation, law enforcement officers were able to determine the package had been sent from California.
Davis faces up to twenty years in federal prison, and $1 million fine, to be followed by at least three years of supervised release when she is sentenced on July 6, 2020.
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.
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.
Follow us on Twitter: SDWVNews and USAttyStuart
###
Ohio Man Sentenced for Role in Akron to Huntington Meth ConspiracyRead the Press Release
HUNTINGTON W.Va. – An Ohio man involved in the distribution of large quantities of methamphetamine which were transported from Akron and sold in West Virginia last year was sentenced to 42 months in federal prison, announced United States Attorney Mike Stuart. Marquis Allen Pritchett, 22, previously pled guilty to conspiracy to distribute 500 grams or more of methamphetamine.
“We are working with law enforcement partners in Ohio and elsewhere to shut down drug trafficking organizations responsible for bringing large quantities of deadly drugs into West Virginia,” said United States Attorney Mike Stuart. “The success of this investigation is attributable to our collaborative efforts.”
Pritchett admitted that between June and August of 2019, he participated with multiple individuals to distribute methamphetamine in the Southern District of West Virginia. During the conspiracy, Pritchett obtained large quantities of methamphetamine which were transported from Akron to be sold in multiple cities in West Virginia including Hurricane and Charleston. Pritchett admitted that he supplied methamphetamine to other West Virginia based meth dealers on a recurring basis and that he was aware the methamphetamine he sold would be re-distributed in West Virginia. As part of his plea agreement, Pritchett admitted that he was responsible for distributing up to 1.5 kilograms 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 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 sentence. Assistant United States Attorney Joseph F. Adams handled the prosecution.
Follow us on Twitter: SDWVNews and USAttyStuart
###
Huntington Man Sentenced in Marijuana Conspiracy Involving United States Postal ServiceRead the Press Release
HUNTINGTON W.Va. – A formal postal employee who participated in a scheme to distribute marijuana mailed from California to Huntington over a period of several years was sentenced to federal prison, announced United States Attorney Mike Stuart. Michael Mason Morton, 55, was sentenced to six months in federal prison after previously entering a guilty plea to distribution of marijuana.
“Morton abused his position as a letter carrier with the United States Postal Service,” said United States Attorney Mike Stuart. “He was a drug dealer in a postal uniform with a delivery route. The team of law enforcement personnel that worked this case did an outstanding job and put an end to this marijuana distribution scheme.”
On March 15, 2018, agents located two parcels at the Huntington Post Office which had been mailed from the State of California to Huntington and were found to contain marijuana. Agents conducting surveillance observed Morton, a letter carrier with the United State Postal Service at the time, load the parcels into a postal delivery truck and drive to the Dollar General store located in the 800 block of Norway Avenue in Huntington. At that location, Morton provided the marijuana to another individual who arrived in a separate vehicle. A trooper with the West Virginia State Police subsequently conducted a traffic stop of the vehicle and recovered the parcels which contained approximately 16 pounds of marijuana.
Morton further admitted that, between 2015 and March of 2018, he conspired with others to distribute marijuana in the Huntington area. During the conspiracy, marijuana was frequently shipped through the United States mail from California to Huntington. Once the parcels containing marijuana arrived in Huntington, Morton delivered the parcels on his assigned delivery route. Morton admitted that he was paid money for his participation in the conspiracy and that he was responsible for the distribution of up to 80 kilograms of marijuana.
The United States Postal Service Office of Inspector General, the United States Postal Inspection Service, the West Virginia State Police – Violent Crime and Drug Task Force West, the Bureau of Alcohol, Tobacco, Firearms, and Explosives, and the Barboursville 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.
Follow us on Twitter: SDWVNews and USAttyStuart
###
Federal Inmate Sentenced on Escape ChargeRead the Press Release
BECKLEY, W.Va.—A federal inmate was sentenced to four months in prison for escape, announced United States Attorney Mike Stuart. Linda Avila, 55, previously admitted that on January 29, 2019, she walked away from the Federal Prison Camp (FPC) at Alderson, a minimum security prison for female inmates. She was immediately captured a short distance from the prison grounds. Avila was serving a twelve-year sentence for conspiracy to defraud the government and mail fraud. Her sentence for escape will run consecutively to her prior sentence.
“The only thing Avila accomplished by trying to escape, is extending her already lengthy stay at FPC Alderson,” said United States Attorney Mike Stuart.
The Federal Bureau of Prisons conducted the investigation. United States District Judge Frank Volk presided over the hearing. Assistant United States Attorney John File handled the prosecution.
Follow us on Twitter: SDWVNews and USAttyStuart
###
Poca Man Pleads Guilty to Role in $4 Million Warranty Fraud SchemeRead the Press Release
CHARLESTON, W.Va. – A Poca, West Virginia man entered a guilty plea to mail fraud for his role in a scheme to defraud Toyota of more than $4 million, announced United States Attorney Mike Stuart. Stanley Clark, 67, faces up to 20 years of incarceration when he is scheduled to be sentenced on May 28, 2020. He will also be required to pay restitution to Toyota.
“This was one heck of a scheme and it worked until the fraud was caught. Of course, that’s always the story with fraud schemes. Clark was involved in perpetrating this warranty fraud scheme for two years,” said United States Attorney Mike Stuart. “Thanks to the outstanding work of a number of law enforcement agencies, the scheme was thwarted and Clark is facing significant time in prison for his crime. Great work by the entire team to expose a costly fraud to a great company and consumers.”
Clark was employed as a transfer agent for a company contracted by Toyota to administer an extended warranty extension program where Toyota had offered to repurchase certain trucks for 150% of their value, so long as those trucks were owned by individual Toyota customers. Clark admitted he was a participant in a fraudulent scheme whereby a Kentucky used car dealership, Big Blue Motor Sales, bought trucks at wholesale prices at auction, obtained hundreds of copies of Kentucky and West Virginia residents’ driver’s licenses, fraudulently titled the trucks in the name of those residents, and induced the car company to repurchase the trucks at 150% of value.
Clark admitted that the execution of the scheme relied on him to coordinate fraudulent truck repurchase meetings, work with a notary to forge the false owners’ signatures on truck repurchase documentation, and mail the fraudulent repurchase documentation that induced Toyota to repurchase the trucks. Clark received a cash payment from Big Blue Motor Sales for every fraudulent transaction. The scheme participants ran 350 trucks through the scheme between 2013 and 2015, causing approximately $4.3 million in losses to Toyota.
The United States Postal Inspection Service, the Federal Bureau of Investigation, the West Virginia State Police, and the West Virginia Office of the Insurance Commissioner conducted the investigation. Former Assistant United States Attorney Stefan Hasselblad and Assistant United States Attorneys Andrew J. Tessman and Steven I. Loew are handling the prosecution.
Follow us on Twitter: @SDWVNews and @USAttyStuart
###
Three Men Plead Guilty to Drug Federal CrimesRead the Press Release
HUNTINGTON, W.Va. – Three men pled guilty to federal drug crimes before United States District Judge Robert C. Chambers in Huntington, announced United States Attorney Mike Stuart.
“Three more out-of-state drug dealers that were peddling deadly poisons in Huntington stand convicted of their crimes,” said United States Attorney Mike Stuart. “We’re making great progress in Huntington because of partnerships, collaboration, and a focus on tough prosecution.”
Demaurea Davis, 23, of Akron, Ohio, pled guilty to possession with intent to distribute fentanyl. Davis admitted that while serving a state sentence of home confinement, he possessed approximately 40 grams of heroin and fentanyl in his residence. On January 29, 2018, officers searched his residence and located approximately 40 grams of heroin and fentanyl. Davis admitted that he intended to sell the heroin and fentanyl. Davis faces up to twenty years in prison when sentenced on June 8, 2020.
Rudolph Jackson, 42, also of Akron, pled guilty to a five count indictment which charged him with selling heroin and aiding and abetting the possession with intent to distribute methamphetamine and heroin. Jackson admitted that on four separate occasions he sold heroin to a confidential informant in Huntington. Jackson also admitted that on August 22, 2019, officers with the Huntington Police Department executed a search warrant at 702 Washington Avenue, Apartment 7 in Huntington. Officers found distribution quantities of methamphetamine and heroin inside the apartment. Jackson admitted he intended to aid other individuals in selling the methamphetamine and heroin. Jackson faces up to twenty years in prison when sentenced on June 1, 2020.
Alonzo Wayne Clay, Jr., 31, of Austin, Texas pled guilty to possession with intent to distribute crack cocaine. Clay admitted that 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. Clay faces up to twenty years in prison when sentenced on June 8, 2020.
The Huntington Police Department conducted the investigations. Assistant United States Attorney Stephanie Taylor is handling the prosecutions.
The Davis and Jackson cases are being prosecuted as part of Operation Synthetic Opioid Surge (S.O.S.), an enforcement surge that seeks to reduce the supply of deadly synthetic opioids in high impact areas.
Follow us on Twitter: SDWVNews and USAttyStuart
###
Nitro Woman Pleads Guilty to Theft of Social Security Income BenefitsRead the Press Release
Defendant fraudulently obtained over $74,000
HUNTINGTON, W.Va. – A Nitro, West Virginia woman entered a guilty plea to the felony offense of fraudulently obtaining Social Security Income benefits, announced United States Attorney Mike Stuart. Teresa Ahrent, 56, faces up to 5 years of incarceration when she is scheduled to be sentenced on June 8, 2020. She will also be required to pay restitution back to the United States Social Security Administration. United States Attorney Mike Stuart praised the work of the United States Social Security Administration-Office of Inspector General (SSA-OIG) and the Social Security Administration (SSA).
“Social security and government benefit fraud is rampant and epidemic. Stealing government benefits is an abhorrent repugnant act,” said United States Attorney Mike Stuart. “The bottom line is this- steal social security or any other government benefit and we will prosecute you to the fullest extent of the law. If we catch you ripping off the system and the taxpayers, we will hold you accountable. No excuse is acceptable. We are working closely with the Social Security Administration to identify fraudsters and hold them accountable.”
Ahrent applied for Title XVI Social Security benefits in January 2005 as a representative payee on behalf of her adult daughter. These Social Security benefits are based on income and living arrangements, and create a duty on the representative payee to report a change in income or living arrangements. In 2005, Ahrent indicated that her daughter resided with her in her (then) home in Hurricane, Putnam County, West Virginia. In 2010, Ahrent’s adult daughter was removed from Ahrent’s home and began to live in Mildred Mitchell-Bateman psychiatric hospital in Huntington, where Ahrent’s daughter resided for nine years. Every year, Ahrent represented to the SSA that her adult daughter resided in Ahrent’s home in Hurricane, when in fact her daughter was living full time at the Bateman hospital and Ahrent had moved to Nitro, Kanawha County, West Virginia. In 2019, the Social Security Administration learned of the fraud and referred the case to the Office of Inspector General. On April 30, 2019, Ahrent gave a detailed statement to federal investigator with the Office of Inspector General and a representative with the Social Security Administration admitting that her daughter did not reside in her home and that she was receiving money that she was not entitled to receive. From June 2010 through May 2019, Ahrent received $74,641 in Social Security benefits in excess of the amount she was due.
United States District Judge Robert C. Chambers presided over the hearing. Assistant United States Attorneys Erik S. Goes and Julie White handled the prosecution.
Follow us on Twitter: @SDWVNews and @USAttyStuart
###
Huntington Woman Indicted as Part of International Nigerian Fraud Scheme for Laundering FundsRead the Press Release
CHARLESTON, W.Va. -- United States Attorney Mike Stuart announced that a federal grand jury has indicted a Huntington woman in connection with laundering funds from an international fraud scheme that scammed money from individuals, many of whom were elderly, in several states and foreign countries.
A twelve count indictment was returned against Patricia Dudding, 68, of Huntington, charging her with conspiracy to commit money laundering, bank fraud and unlawful money transactions. The indictment alleges that Dudding acted as a money mule for a Nigerian scammer. According to the indictment, Dudding met “Lucas” online in the early spring of 2018, and although they never actually met in person, Dudding and Lucas communicated frequently by email and text messages. The indictment alleges that Dudding set up numerous bank accounts in her name at over 10 different banks and that she would use these bank accounts to wire and receive fraudulent funds. Dudding received numerous deposits in those bank accounts from more than two dozen individuals located in the United States and abroad. She, and unnamed co-conspirators, would then transfer these funds to bank accounts located in Nigeria. To further the scheme, Dudding admittedly would make false and fraudulent representations to the financial institutions to make it appear that the wire transfers were being sent for legitimate purposes.
“Egregious. This is the largest elder fraud scheme ever prosecuted in the history of West Virginia and our work continues. This case is significant on a national and international level,” said United States Attorney Mike Stuart. “Elder fraud is an important priority for Attorney General Barr and me. Elder fraud is a diabolical crime that preys on the vulnerabilities of some of the most vulnerable among us. By all outward appearances, Mrs. Dudding was just an ordinary neighbor but, instead, the indictment alleges she was what we call a “money mule” actively engaged in facilitating a money laundering scheme that left many, many victims in its wake. The stories of the victims are tragic. Our goal is to hold those responsible accountable and to do our best to make victims of these despicable crimes whole. This investigation is on-going.”
“The exploitation of both a vulnerable population as well as our financial systems is a particular evil,” said U.S. Secret Service Charleston Resident Agent in Charge Wade Fleming. “These criminals may not hide behind false identities and fraudulent accounts, and our skilled investigators will continue to pursue and bring these malicious actors before our justice system.”
Money mules play critical roles in the commission and facilitation of fraudulent schemes including elder fraud. A money mule is someone who transfers illegally acquired money on behalf of or at the direction of another party. Criminal enterprises recruit what is referred to as a “mule” to move money electronically through bank accounts, move physical currency, or assist in the movement of money through a variety of other methods. Money mules are inherently dangerous, as they add layers to the money trail from a victim to a criminal and launder money illegally to aid a criminal actor.
The indictment alleges that Dudding used over $100,000 of victim funds for her personal benefit over the course of the scheme. Dudding used those funds to pay her utility bills, satellite television service, groceries, drug store purchases, gasoline purchases, department store purchases, restaurants and took numerous cash withdrawals. Her total cash withdrawals amounted to nearly $42,000. The total loss contributed to the fraudulent scheme is $3.2 million. Over $3 million was transferred or deposited into Dudding’s accounts during the scheme and she attempted to transfer over $1.6 million to Nigeria during this period.
During the course of the investigation, warrants were issued for the seizure of nearly $1.9 million related to the alleged scheme. The indictment seeks forfeiture of those funds.
The victims in this case that have been identified are from six (6) countries including the United States, Australia, Canada, Nevis, Poland, and Sweden as well as twenty (20) states including Alaska, Arkansas, California, Connecticut, Florida, Georgia, Indiana, Kansas, Louisiana, Maryland, Massachusetts, Minnesota, Missouri, Montana, New Jersey, North Carolina, Pennsylvania, Ohio, Texas, and Washington.
The investigation was conducted by the United States Secret Service, the Federal Deposit Insurance Corporation (FDIC) – Office of Inspector General and the South Charleston Police Department. Assistant United States Attorney Kathleen Robeson is handling the matter.
“Elder fraud and financial fraud are complex frauds. I want to commend the excellent, detailed work of the Secret Service, the FDIC-OIG and the South Charleston Police Department, and my team, including AUSA Robeson and my remarkable investigators, Steve Rowley and Tony Hussion. This was a team effort and I’m proud of their work,” continued Stuart.
If convicted on all counts, Dudding faces up to 20 years in prison. The investigation is ongoing and could result in additional federal and state charges in the future.
Since President Trump signed the bipartisan Elder Abuse Prevention and Prosecution Act (EAPPA) into law, the Department of Justice has participated in hundreds of enforcement actions in criminal and civil cases that targeted or disproportionately affected seniors. In particular, in March 2019, the department announced the largest elder fraud enforcement action in American history, charging more than 260 defendants in a nationwide elder fraud sweep. The department has likewise conducted hundreds of trainings and outreach sessions across the country since the passage of the Act.
More information about the department’s efforts to help American seniors is available at its Elder Justice Initiative webpage. Elder fraud complaints may be filed with the FTC at www.ftccomplaintassistant.gov or at 877-FTC-HELP. The Department of Justice provides a variety of resources relating to elder fraud victimization through its Office for Victims of Crime, which can be reached at https://www.ovc.gov.
Please Note: An indictment is merely an allegation and the defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Follow us on Twitter: SDWVNews and USAttyStuart
###
Project Parkersburg Update: Final Four Defendants Plead Guilty to Role in Drug Trafficking ConspiracyRead the Press Release
CHARLESTON, W.Va. – The last four Project Parkersburg defendants pled guilty to federal drug charges, announced United States Attorney Mike Stuart. Aurelius Edmonds 37, of Vienna, and Terrence McGuirk, 50 of Parkersburg, pled guilty to conspiracy to distribute more than 500 grams of methamphetamine. Antoine Terry, 37, of Parkersburg, pled guilty to conspiracy to distribute more than 500 grams of cocaine. Amanda Atkinson, 43, of Parkersburg, pled guilty to using a cellular telephone to facilitate drug trafficking offenses. Edmonds, McGuirk, and Terry admitted that they had agreed together to purchase methamphetamine and cocaine from a source of supply in Phoenix, Arizona in August 2018. Edmonds traveled to Phoenix to purchase the drugs and make arrangements with Todd Land and Troy Pastorino to ship them to Dayton, Ohio where he, Terry, and McGuirk would take possession of the shipment.
Police learned of the deal and intercepted the shipment in a traffic stop of Troy Pastorino in Dayton, Ohio on September 19, 2018. Edmonds, Terry, and Land were arrested at a night club where they were awaiting word from Pastorino that the shipment was ready for pickup. McGuirk was arrested in his nearby hotel room. The shipment contained 121 pounds of ICE methamphetamine and 6 kilograms of cocaine. McGuirk admitted his intent to distribute his share of the methamphetamine in and around Parkersburg. Edmonds and Terry admitted their intent to distribute the cocaine in Ohio and return to Parkersburg with the proceeds.
Atkinson admitted that on September 18, 2018, Edmonds called her from Dayton and directed her to retrieve drugs from a stash house on Liberty Street in Parkersburg and deliver them to McGuirk. Police observed her travel from Liberty Street to meet McGuirk at a convenience store in Parkersburg. On September 20, 2018, federal agents and officers with the Parkersburg Police Department executed a search warrant at the Liberty Street residence and seized approximately 225 grams of heroin and 478 grams of fentanyl.
“An enormous amount of deadly drugs were seized as a result of Project Parkersburg,” said United States Attorney Mike Stuart. “A drug trafficking organization has been dismantled and all of the federal defendants now stand convicted. Project Parkersburg significantly reduced the availability of meth in Parkersburg and the surrounding area and, no doubt, saved the lives of many, many potential victims. I want to thank the remarkable work of my team including AUSA Josh Hanks and others, as well as the FBI, the Parkersburg Police Department, the Dayton, Ohio Police Department, and the Parkersburg Narcotics and Violent Crime Task Force. Jobs well done by all.”
Edmonds, McGuirk, Terry, and Atkinson are being prosecuted as part of Project Parkersburg – a major takedown and dismantling of a multi-state drug trafficking organization (DTO) responsible for distributing methamphetamine and heroin. Stuart commended the investigative efforts of the FBI, the Parkersburg Police Department, the Dayton Ohio Police Department, and the Parkersburg Narcotics and Violent Crime Task Force. The long-term, joint investigation resulted in at least 29 individuals being charged in federal and state court, along with the seizure of methamphetamine, cocaine, heroin, fentanyl, several firearms, and more than $80,000 cash.
Edmond and McGuirk face 10 years to life, and Terry faces five to forty years in federal prison when they are sentenced on June 10, 2020. Atkinson faces up to four years in prison when she is sentenced on June 17, 2020.
United States District Judge Irene C. Berger presided over the plea hearings. Assistant United States Attorneys Joshua Hanks and Jeremy Wolfe are handling the prosecution.
Follow us on Twitter: @SDWVNews and @USAttyStuart
###
Operation Shutdown Corner Update: Three More Defendants Enter Guilty Pleas to Federal Drug CrimesRead the Press Release
BECKLEY, W.Va. – Three men pled guilty today for their participation in a drug trafficking operation in Raleigh County, announced United States Attorney Mike Stuart. Nick Attilli, 38, of Beaver, pled guilty to conspiracy to distribute 50 grams or more of a substance containing methamphetamine and a quantity of heroin. Timmy Lawson, 40, and Timmy Lawson II, 18, a father and son, both of Beckley, also entered guilty pleas to conspiracy to distribute 50 grams or more of a substance containing methamphetamine and a quantity of heroin. All three were charged as a result of a long-term investigation known as Operation Shutdown Corner.
“We owe a debt of gratitude to law enforcement for shutting down this organization that was peddling a significant amount of meth and heroin throughout our southern counties,” said United States Attorney Mike Stuart. “Taking down large networks of drug traffickers is a top priority of my office.”
Attilli 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 and heroin. Attilli admitted that during this time period he was supplied with methamphetamine and heroin from other members of the drug trafficking organization. Attilli admitted that during this time period he had telephone conversations that were intercepted by law enforcement. Attilli admitted that it was clear that these conversations were involving drug activity. He admitted that at times he was “fronted” with drugs, meaning the drugs were provided without making full payment for them, then he would sell the drugs and with the proceeds, pay back his suppliers. He admitted to being supplied by several members of the DTO. Attilli faces a mandatory minimum sentence of five years and up to 40 years in prison and a fine of up to $5,000,000 when he is sentenced on July 6, 2020.
Timmy Lawson admitted that between June 2018 and September 17, 2019, he participated in the drug trafficking organization by working with other members of the DTO to distribute methamphetamine and heroin within the Southern District of West Virginia. During this time period, Lawson admitted to obtaining more than 50 grams of methamphetamine and a quantity of heroin from various suppliers within the drug trafficking network that he intended to re-distribute.
Timmy Lawson, II, admitted that he too participated in the same drug trafficking network. He admitted that between June 2018 and September 17, 2019, he participated in the drug trafficking network by distributing more than 50 grams of methamphetamine and a quantity of heroin. At the plea hearing, Lawson II admitted that each week during a two-month period he obtained between one-quarter ounce to one-half ounce of methamphetamine and a quantity of heroin from other members of the DTO. He admitted that he then re-distributed those drugs within the Southern District of West Virginia. He also admitted that at times the drugs were “fronted” to him, and that he would pay his supplier after the drugs were sold.
Both of the Lawsons face a mandatory minimum period of five years and up to forty years in prison and a $5,000,000 fine when they are sentenced on July 7, 2020.
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.
Assistant United States Attorney Timothy D. Boggess is in charge of the prosecutions. The plea hearings were held before United States District Judge Frank W. Volk.
Follow us on Twitter: SDWVNews and USAttyStuart
###
Fayette County Woman Sentenced to Federal Prison for Wire FraudRead the Press Release
WVDEP Employee Made Over $61,000 in Fraudulent Purchases with State Credit Card
CHARLESTON, W.Va. – A Fayette County woman was sentenced to over one year of federal incarceration for the felony offense of wire fraud, announced United States Attorney Mike Stuart. Yvonne Dozier, 50, of Boomer, West Virginia, previously pled guilty to wire fraud on November 18, 2019. She was sentenced to one year and one day of incarceration and was also ordered to pay restitution to the West Virginia Department of Environmental Protection (WVDEP) in the amount of $61,731.72. Stuart praised the work of the United States Secret Service, the West Virginia State Auditor’s Office, and the WVDEP.
“Dozier stole from the State of West Virginia for four years,” said United States Attorney Mike Stuart. “She was a trusted employee in state government who violated that trust by stealing from taxpayers. Our goal in prosecuting cases like this is not only to hold the offender accountable, but to make victims whole again through restitution. In this case, Dozier will be repaying the WVDEP in full for her fraudulent purchases.”
Dozier previously worked for the WVDEP as an accounting tech. She was assigned a West Virginia state purchasing card and was permitted to make authorized purchases on behalf of the WVDEP. These cards could not be used to make personal purchases. Dozier devised a scheme where she used the state purchasing card to make personal purchases and fraudulently wired credit card information. She then altered invoices and modified the state accounting software to adjust the purchases and make the fraudulent purchases appear as though they were legitimately made. From 2014 to 2018, Dozier made hundreds of unauthorized purchases, costing the state of West Virginia $61,753.72. Dozier gave a Mirandized statement to a Special Agent with the United States Secret Service, in which she admitted to misusing the state purchasing card to make personal purchases, alter invoices, and ultimately pass those expenses onto the State of West Virginia. The fraudulent purchases moved money in interstate commerce both from the actual purchase with the credit card and the State of West Virginia paying her Visa card expenses. Dozier used her state purchasing card to pay for personal expenses such as electric, insurance, cable, and cell phone bills, and vacation rental homes. Dozier no longer works for the State of West Virginia.
United States District Judge Joseph R. Goodwin presided over the hearing. Assistant United States Attorney Erik S. Goes handled the prosecution.
Follow us on Twitter: @SDWVNews and @USAttyStuart
###
Two Men Sentenced to Prison for Federal Gun CrimesRead the Press Release
CHARLESTON, W.Va. – Two men were sentenced to prison for federal gun crimes, announced United States Attorney Mike Stuart.
Djuan Terrell Harris, 32, of Detroit, was sentenced to 41 months in prison. Harris was previously convicted of being a felon in possession of a firearm by a federal jury after a trial before United States District Judge Robert C. Chambers. On May 31, 2019, an officer with the Huntington Police Department located Harris walking towards his vehicle near the 1500 block of Madison Ave in Huntington. Upon investigation, the officer determined that Harris was carrying on his person a loaded Sig Sauer P229 .40 caliber handgun. Harris had been previously convicted of a felony drug offense out of Wayne County, Michigan. The Huntington Police Department, the Violent Crime and Drug Task Force West, and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) conducted the investigation. United States District Judge Robert C. Chambers imposed the sentence. Assistant United States Attorneys Ryan A. Keefe and Joseph F. Adams handled the prosecution.
Brandon Carter, 34, of Charleston, was sentenced to 30 months in prison for being a felon in possession of a firearm. Carter previously admitted that on January 12, 2019, at approximately 3:38 a.m., an officer with the Charleston Police Department initiated a traffic stop on a scooter operated by Brandon Carter because it was being operated on the sidewalk at Patrick Street near Fourth Avenue. The officer recognized Carter from a shooting incident that occurred on October 7, 2018, near Delaware Avenue. The officer knew that Carter is a prohibited person and Carter admitted to having three prior felonies that prohibit him from possessing firearms. Carter told the officer that he was currently out on bond relative to the incident from October 2018. Carter told the officer, prior to a pat-down, that he was in possession of a Kel-Tec .380 firearm. The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and the Charleston Police Department conducted the investigation. United States District Judge Joseph R. Goodwin imposed the sentence. Assistant United States Attorney Ryan A. Saunders handled the prosecution.
These cases are 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.
Follow us on Twitter: SDWVNews and USAttyStuart
###
Charleston Woman Sentenced for Drug CrimeRead the Press Release
CHARLESTON, W.Va. – A Charleston woman was sentenced to federal prison for a drug crime, announced United States Attorney Mike Stuart. Sheila Daun Jarrett, 43, was sentenced to 72 months in prison and five years of supervised release for possession with intent to distribute five grams or more of methamphetamine.
“Six years in prison,” said United States Attorney Mike Stuart. “We are putting meth dealers like Jarrett behind bars for significant terms of imprisonment.”
Jarrett previously admitted that on July 6, 2019, she was driving a vehicle with expired registration on 1st Avenue, in Nitro, West Virginia. A Nitro police officer noticed the expired registration and initiated a stop. She stopped the vehicle and attempted to hide the methamphetamine in a natural void in the vehicle’s dashboard. The officer asked Jarrett if there was any methamphetamine in the vehicle. She explained that there was a methamphetamine pipe. Investigators conducted a search of the vehicle and retrieved over 20 grams of methamphetamine and drug paraphernalia. At the time, she was knowingly and intentionally transporting a quantity of methamphetamine that she intended to distribute.
The Nitro Police Department conducted the investigation. United States District Judge Irene C. Berger presided over the hearing. Assistant United States Attorney Andrew J. Tessman is handling the prosecution.
Follow us on Twitter: SDWVNews and USAttyStuart
###
Project Parkersburg Update: Parkersburg Man Pleads to Role in Methamphetamine ConspiracyRead the Press Release
CHARLESTON, W.Va. – A Parkersburg man pled guilty to a federal drug charge, announced United States Attorney Mike Stuart. Michael Rhodes, 40, of Parkersburg, pled guilty to conspiracy to distribute more than 500 grams of methamphetamine. Rhodes admitted that between February and October 2018, he received multiple pound quantities of methamphetamine at a time from various sources including his co-defendant, Terrance McGuirk. Rhodes further admitted to distributing the methamphetamine by the ounce and half-ounce to street level dealers in Parkersburg including his co-defendants, Nicholas Easton, Theodore “T.J.” Gibson, Michael Holley, Marshall Polan and Amy Rake.
“The results of the Project Parkersburg takedown were both historical and remarkable,” said United States Attorney Mike Stuart. “The long-term, collaborative investigation led to the seizure of an historical quantity of meth and was remarkably successful in shuttering a significant, multi-state drug trafficking organization.”
Rhodes is being prosecuted as part of Project Parkersburg – a major takedown and dismantling of a multi-state drug trafficking organization (DTO) responsible for distributing methamphetamine and heroin. Stuart commended the investigative efforts of the FBI, the Parkersburg Police Department, the Dayton Ohio Police Department, and the Parkersburg Narcotics and Violent Crime Task Force. The long-term, joint investigation resulted in at least 29 individuals being charged in federal and state court, the seizure of 121 pounds of ICE methamphetamine, six kilograms of cocaine, 217 grams of heroin, and 290 grams of fentanyl.
Trial for five other Project Parkersburg defendants, Aurelius Edmonds, Antoin Terry, Terrence McGuirk, Roderick Payne, and Amanda Atkinson is scheduled to begin on February 24, 2020 before United States District Judge Irene C. Berger. Assistant United States Attorneys Joshua Hanks and Jeremy Wolfe are handling the prosecution.
Rhodes faces a mandatory ten years in federal prison when he is sentenced on June 3, 2020.
Follow us on Twitter: @SDWVNews and @USAttyStuart
###
Ona Man Pleads Guilty in Connection with Fraud SchemeRead the Press Release
Wrote Nearly $500,000 in Checks on Church Account for Personal Benefit
HUNTINGTON, W.Va. – An Ona man pled guilty today to a federal fraud crime, announced United States Attorney Mike Stuart. Robert Dale Adkins, age 75, pled guilty to a mail fraud scheme.
“Adkins defrauded his church of almost half of a million dollars,” said United States Attorney Mike Stuart. “You’re supposed to fill - not empty - the offering plate. Stealing from a place of worship for personal benefit - BAD IDEA.”
From at least 2012 until approximately December of 2018, Adkins was the treasurer for a church near Ona, Cabell County, West Virginia. As treasurer, Adkins had access to the church’s checking account and was authorized to sign checks from that account on behalf of the church.
Between 2012 and December of 2018, Adkins wrote and signed checks on the church’s account for his own benefit. Those checks went to pay personal creditors. Adkins wrote the checks without the church membership’s knowledge or approval, and without the knowledge or approval of any church board member. Adkins would then mail the checks to pay his personal creditors. Adkins wrote approximately $487,488.92 in unauthorized checks on the church’s account for his personal use.
Adkins faces up to 20 years imprisonment and a $250,000 fine when he is sentenced on May 18, 2020. He also will be required to pay restitution in the amount of $487,488.92 to the church, and is subject to forfeiture of an equal amount to the United States.
United States District Judge Robert C. Chambers presided over the hearing. Assistant United States Attorney Greg McVey is handling the prosecution.
Follow us on Twitter: SDWVNews and USAttyStuart
###
Huntington Man Pleads Guilty to Role in Federal Meth ConspiracyRead the Press Release
HUNTINGTON, W.Va. – A Huntington man pled guilty today in federal court for his role in a conspiracy that involved large quantities of methamphetamine which were transported from Akron and sold in West Virginia, announced United States Attorney Mike Stuart. Aaron Thompson, 35, pled guilty to conspiracy to distribute 50 grams or more of methamphetamine.
“Thompson was part of a major drug network that was bringing large amounts of meth into West Virginia from Akron,” said United States Attorney Mike Stuart. “I commend our law enforcement partners for helping us close off this drug pipeline.”
Thompson admitted that between the May and September of 2019, he participated in a conspiracy with multiple individuals to distribute methamphetamine in the Huntington area. During the conspiracy, 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 Thompson would in turn distribute the methamphetamine to various customers in Huntington. Thompson admitted that he knew some of his customers intended to re-distribute the methamphetamine they were purchasing. Thompson also admitted that he was responsible for distributing up to 500 grams of methamphetamine during the conspiracy.
Thompson faces 5 to 40 years in prison when sentenced on June 1, 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 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 presided over the hearing. Assistant United States Attorney Joseph F. Adams is handling the prosecution.
Follow us on Twitter: SDWVNews and USAttyStuart
###
Detroit Man Pleads Guilty to Federal Drug and Gun CrimesRead the Press Release
HUNTINGTON, W.Va. – A Detroit man pled guilty to federal drug and gun crimes, announced United States Attorney Mike Stuart. Antonio Maurice Davis, 28, pled guilty to possession with intent to distribute a mixture of heroin and fentanyl and to possession of a firearm in furtherance of drug trafficking.
“Just plain deadly – heroin, fentanyl and guns,” said United States Attorney Mike Stuart. “We are steadfast in our commitment to hold violent, out-of-state drug dealers accountable for the chaos and despair they have caused in our communities.”
On May 15, 2019, officers with the Huntington Police Department 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 travelled east on 12th Avenue to 12th Street. Huntington Police Officers 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. A K9 unit that was called to the scene positively indicated on the vehicle for the presence of drugs.
Officers then searched the minivan. During the search, they located a High-Point 9mm rifle on the back floorboard behind the drivers’ 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 also located in the jacket. Officers also located a gym bag behind the drivers’ seat of the vehicle. Inside the gym bag, officers located 3 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.
Davis faces up to 20 years imprisonment and a $1,000,000 fine on the drug charge and mandatory 5 years to life on the gun charge, which must run consecutively to the drug charge. Davis is scheduled to be sentenced on June 1, 2020.
United States District Judge Robert C. Chambers presided over the hearing. Assistant United States Attorney Greg McVey is handling the prosecution.
Follow us on Twitter: SDWVNews and USAttyStuart
###
United States Attorney Mike Stuart Launches Public Service Announcements (PSAs)Read the Press Release
CHARLESTON, W.Va. – United States Attorney Mike Stuart is launching two PSAs that speak directly to the people of West Virginia about priorities of the Department of Justice and the United States Attorney’s Office for the Southern District of West Virginia – elder fraud and maintaining “tough on crime” efforts.
“The messages speak for themselves. We are making tremendous progress. It’s important we speak directly to the people of West Virginia,” said United States Attorney Mike Stuart. “Elder fraud and continuing our “tough on crime” initiatives- both are important priorities. Elder fraud is a national epidemic. It is a massive priority for Attorney General Barr and for me. Also important -- maintaining tough law enforcement efforts that are achieving great results while encouraging and supporting those that seek help and treatment from the terrible scourge of drug addiction. We are winning but bail reform and other so-called social justice initiatives risk reversing our progress. My office continues to work with a sense of urgency every day to hold drug dealers and violent offenders accountable and to protect West Virginia’s seniors from fraudsters.”
The messages, which will begin airing on February 17, 2020, are attached.
Follow us on Twitter: SDWVNews and USAttyStuart
###
Project Guardian: Three Appear in Federal Court for Gun CrimesRead the Press Release
CHARLESTON, W.Va. – Defendants in three separate Project Guardian cases appeared in federal court this week announced United States Attorney Mike Stuart.
Bari Myricks, 47, of Dunbar, was sentenced to 96 months in prison for possession with intent to distribute 40 or more grams of fentanyl and for being a felon in possession of a firearm. Myricks previously admitted that on May 7, 2018, the vehicle he was driving was stopped by law enforcement officers due to a traffic violation. He further admitted that after a police K-9 trained in drug detection indicated narcotics were present in his vehicle, police conducted a search of his vehicle, finding heroin in a plastic bag. Officers with the Metropolitan Drug Enforcement Network Team (MDENT) later searched Myricks’ residence on Roxalana Road, finding over 100 grams of fentanyl, marijuana, over $12,000 in cash and two firearms. Myricks knew he was prohibited from possessing the firearms due to prior felony convictions. MDENT conducted the investigation. Senior United States District Judge John T. Copenhaver, Jr. presided over the hearing. Assistant United States Attorney Andrew J. Tessman handled the prosecution.
Clayton Cato, 36, of Brooklyn, New York, was sentenced to 24 months in prison for possessing a firearm as a convicted felon. On November 20, 2018, Cato was a passenger in a vehicle that was stopped on the East End of Charleston for a defective light. Upon officers approaching the vehicle, they smelled marijuana. All occupants were asked to step out of the vehicle. Cato stepped out of the vehicle and ran from the traffic stop on foot. While fleeing, he put his hands near his hoody pocket and was apprehended. During a pat-down for officer safety, officers located a Smith & Wesson 32 caliber pistol. Cato admitted he knew he was prohibited from possessing a firearm because of a 2003 felony conviction for distribution of cocaine base. The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and the Charleston Police Department conducted the investigation. United States District Judge Joseph R. Goodwin presided over the hearing. Assistant United States Attorney Ryan A. Saunders handled the prosecution.
Brashan Beverly, 32, of Dunbar, pled guilty to being a felon in possession of a firearm. Beverly admitted that on January 3, 2019, he possessed a firearm, that is a SCCY, Model CPX-2, 9mm semi-automatic pistol, in Tornado, Kanawha County, West Virginia. At the time he possessed the firearm, he knew he was prohibited from possessing firearms because of a prior drug conviction. Beverly faces up to 10 years in prison when sentenced on May 11, 2020. The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), the Kanawha County Sheriff’s Department, and the Nitro Police Department conducted the investigation. United States District Judge Robert C. Chambers presided over the hearing. Assistant United States Attorneys Ryan A. Saunders and Joseph F. Adams are 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 referenced above. For more information about Project Guardian, please see: https://www.justice.gov/projectguardian.
Follow us on Twitter: SDWVNews and USAttyStuart
###
Two Project Safe Childhood Defendants Plead GuiltyRead the Press Release
CHARLESTON, W.Va. – Defendants in two separate Project Safe Childhood cases pled guilty, announced United States Attorney Mike Stuart.
“These are despicable crimes,” said United States Attorney Mike Stuart. “Our partners are working around the clock to track down sexual exploiters of children. We will prosecute each and every one and seek the maximum penalty by law.”
Christopher Charles Hirst, 26, of Hurricane, pled guilty to receipt of child pornography. Hirst 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. Hirst faces at least 5 years and up to 20 years in prison when sentenced on May 11, 2020. Following his release from prison, Hirst will be required to register as a sex offender. The Putnam County Sheriff’s Department and Homeland Security Investigations conducted the investigation. United States District Judge Robert C. Chambers presided over the hearing. Assistant United States Attorney Jennifer Rada Herrald is handling the prosecution.
Joey Michael King, 39, of Elkview, pled guilty to attempted enticement of a minor that occurred online in February 2019. King admitted that in February 2019, he communicated via a social messaging application with a minor he believed to be a 15-year-old girl located in Bridgeport, West Virginia. In reality, the minor was a Task Force Officer with the West Virginia State Police Internet Crimes Against Children Task Force and he was operating in an undercover capacity. Despite knowing the purported minor’s age, King repeatedly requested who he believed to be a minor to take sexually explicit photographs of her female genitals and to send them to him both via text and email. King provided who he believed to be a minor with his personal cell phone number and his personal email – both of which matched the phone number and email that King provided to the West Virginia Sex Offender Registry in his January 2019 Sex Offender Registration Report. King faces a mandatory minimum sentence of at least ten years imprisonment and up to life in prison when he is sentenced on May 7, 2020. The Federal Bureau of Investigation, in conjunction with the West Virginia State Police Internet Crimes Against Children Task Force, the Bridgeport Police Department, and the Nitro Police Department conducted the investigation. United States District Judge Joseph R. Goodwin presided over the hearing. Assistant United States Attorney Kristin F. Scott handled the prosecution.
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.
Follow us on Twitter: SDWVNews and USAttyStuart
###
Raleigh County Woman Enters Guilty Plea to Health Care FraudRead the Press Release
Defendant fraudulently obtained over $300,000
CHARLESTON, W.Va. – Julie M. Wheeler entered a guilty plea for federal health care fraud, announced United States Attorney Mike Stuart. Wheeler, 43, of Beckley, faces up to 10 years of incarceration, a $250,000 fine, and three years of supervised release when sentenced on May 20, 2020. She will also be subject to an order of restitution in an amount ranging from $302,131 to $469,983, with the final determination to be made by the Court at sentencing.
“Can you imagine? Wheeler defrauded the Spina Bifida Health Care Benefits Program and in the process stole hundreds of thousands of dollars from taxpayers,” said United States Attorney Mike Stuart. “Taking advantage of the condition of spina bifida of a child for personal greed is truly a despicable crime. Wheeler even admitted that she defrauded the VA of hundreds of thousands of dollars and deprived the victim- a child diagnosed with spina bifida- of services. The VA provides critical benefits and services to heroic veterans and their dependents. Our veterans deserve better. The families of our veterans deserve better. And the victims of terrible conditions like spina bifida deserve all of God’s graces. Greed is a terribly destructive human condition.”
The VA provided health care benefits to certain Korean and Vietnam War veteran’s children who were diagnosed with spina bifida through the Spina Bifida Health Care Benefits Program. Spina bifida is a type of birth defect where there is an incomplete closing of the spine, potentially leading to complications including difficulty in walking, poor bladder or bowel control, and difficulty in mobility. A veteran’s child, K.L., received such a diagnosis and qualified for in home care through this VA program.
Wheeler was related to K.L and was also the owner of a homecare services company, JRW Homecare Support Services. Wheeler was hired to provide services to K.L. due to K.L.’s spina bifida condition at the VA approved rate of $736 a day to provide eight hours of daily services. Wheeler’s care was supposed to include bathing, grooming, changing K.L.’s clothes and other issues associated with K.L.’s hygiene, food intake, and lifestyle.
Wheeler submitted fraudulent applications where she filled out VA forms and was overpaid for providing care for K.L. Specifically, Wheeler did not provide K.L. the care for and during the time period described. Wheeler submitted claims to the VA stating that she provided care for K.L. eight hours a day, seven days a week, from October 2016 to April 2018 at the full daily rate of $736 a day. Wheeler gave a statement to the VA and the FBI admitting that she greatly inflated the rate and quality of the care that she provided to K.L. This was corroborated by other witnesses who provided statements that Wheeler did not provide eight hours of daily care. Wheeler further admitted that her conduct defrauded the VA of hundreds of thousands of dollars and deprived the victim of services. The victim of the spina bifida diagnosis, K.L., has since passed away.
Stuart praised the work of the Veterans Affairs - Office of Inspector General (VA-OIG), the Federal Bureau of Investigation, the Office of Veterans Affairs (VA), and the United States Department of Health and Human Services - Office of Inspector General (HHS-OIG). The investigation was conducted by members of the United States Attorney’s Healthcare Fraud Abuse, Recovery and Response Team (ARREST), an innovative approach linking civil and criminal enforcement efforts together in a comprehensive attack on the opioid epidemic and healthcare fraud. United States Attorney Mike Stuart announced the formation of ARREST in February 2019. All health care related cases in the Southern District of West Virginia, whether they are the subject of criminal or civil investigation or enforcement, are directed through ARREST. Included within the purview of the team are the Opioid Fraud and Abuse Detection Unit, Affirmative Civil Enforcement Unit, Appalachian Regional Prescription Opioid (ARPO) Strike Force, Medicare and Medicaid Fraud, and Asset Forfeiture efforts related to all healthcare matters.
Senior United States District John T. Copenhaver, Jr. presided over the plea hearing. Assistant United States Attorney Erik S. Goes handled the prosecution.
Follow us on Twitter: @SDWVNews and @USAttyStuart
###
Cross Lanes Woman Pleads Guilty to Drug CrimeRead the Press Release
CHARLESTON, W.Va. – A Cross Lanes woman pled guilty to a drug crime, announced United States Attorney Mike Stuart. Brandi Martin, 35, pled guilty to possession with intent to distribute 5 grams or more of methamphetamine.
“Although Martin attempted to flush evidence down the toilet, the only thing she was successful at flushing was her freedom,” said United States Attorney Mike Stuart. “She now faces significant time – up to 40 years – in federal prison.”
On January 25, 2018, law enforcement intercepted a package of approximately 6 pounds of methamphetamine headed for Martin’s address. On January 26, 2018, law enforcement obtained a search warrant for Martin’s residence. Officers executed the warrant and found Martin as she was attempting to flush 19 grams of cocaine, 73 grams of methamphetamine, and heroin. These drugs were recovered from the toilet and were sent to the DEA Mid-Atlantic Lab for forensic analysis. They analyzed the drugs and confirmed their substance and purity. The methamphetamine proved to be 96% pure. Ultimately, Martin admitted that she intended to distribute the methamphetamine she was attempting to flush. Two handguns were also recovered from her residence.
Martin has a previous federal felony conviction for the distribution of cocaine. She faces up to 40 years in prison when sentenced on June 15, 2020.
The Drug Enforcement Administration (DEA) and United States Postal Inspection Service conducted the investigation. Senior United States District Judge David A. Faber presided over the hearing. Assistant United States Attorney L. Alexander Hamner is handling the prosecution.
Follow us on Twitter: SDWVNews and USAttyStuart
###
Methamphetamine Trafficker Sentenced to Federal PrisonRead the Press Release
CHARLESTON, W.Va. – A Charleston man was sentenced to federal prison for a drug crime, announced United States Attorney Mike Stuart. Harold Lee Battle was sentenced to 48 months in prison for distribution of a mixture or substance containing a detectable amount of methamphetamine. Battle’s federal sentence will run consecutive to the state sentence he is currently serving for malicious wounding.
“Another meth dealer is going to federal prison,” said United States Attorney Mike Stuart. “Week after week, we are convicting more meth dealers and ultimately putting them behind bars.”
On October 31, 2017, detectives with the Charleston Police Department’s Special Enforcement Unit arrested Battle for distributing 60 grams of methamphetamine to a person cooperating with law enforcement on Charleston’s East End.
The Charleston Police Department’s Special Enforcement Unit conducted the investigation. Senior United States District Judge John T. Copenhaver, Jr. presided over the hearing. Assistant United States Attorney Ryan A. Saunders 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.
Follow us on Twitter: SDWVNews and USAttyStuart
###
Massive Shoplifting Scheme Targeting Major Retail Stores Shut DownRead the Press Release
SHOPLIFTING SCHEMES FEED ADDICTION CRISIS AND COST JOBS
CHARLESTON, W.Va. -- United States Attorney Mike Stuart announced a major takedown today of a fraudulent fencing scheme in the Charleston, West Virginia area. In a criminal complaint unsealed today in United States District for the Southern District of West Virginia, a Cross Lanes, West Virginia man, Nedeltcho Vladimirov, a native of Bulgaria, was arrested and charged with money laundering. The complaint alleges that Vladimirov operated a fraudulent fencing scheme for several years. A fencing operation is one in which stolen goods are acquired in order to later resell them for profit.
“The scale of this shoplifting scheme is extraordinary. Nearly 4,000 items and nearly $400,000 in goods were stolen from retailers like Target, CVS and Kroger in approximately two years. We believe that Vladimirov received over $200,000 from selling the stolen goods in just a single year. Like many consumers, I shop at Kroger, CVS and Target. The volume of theft is almost unbelievable,” said United States Attorney Mike Stuart. “Victims. Lots and lots of victims. Consumers. Insurers. Taxpayers. Even the shoplifters. Consumers pay a heavy toll for shoplifting schemes like this whether through higher prices for consumer goods or the loss of profitability and jobs by the retailers themselves. Additionally, one of the great tragedies in this scheme is that it fed the need for instant money by many shoplifters who were feeding their exhaustive search for drug cash. Schemes like this only serve to further and advance the crisis of addiction in our communities.”
“The U.S. Secret Service Charleston, West Virginia Resident Office, has successfully partnered with our local and state law enforcement partners along with corporate security from Target, Kroger and CVS,” said United States Secret Service Resident Agent in Charge Wade Fleming. This led to the arrest of Nedeltcho Vladimirov who victimized national retail merchants and took advantage of West Virginians to commit retail theft for his own enrichment. These partnerships are the best way to limit victimization of West Virginians.”
The charges and arrest result from an investigation by the United States Secret Service, the West Virginia State Police, Bureau of Criminal Investigations, the Putnam County Sheriff's Department, the Kanawha County Sheriff’s Department and the South Charleston Police Department, together with Organized Retail Crimes (ORC) investigators from Kroger, CVS Pharmacy, and Target Corporation, with assistance from eBay, Inc.. The investigation began after ORC investigators apprehended shoplifters at several stores in the South Charleston area. The complaint alleges that the shoplifters (known as “boosters”) were acting at the direction of Vladimirov, who would purchase the items from boosters with cash at a fraction of the retail value and would then sell the stolen items at a profit on the internet. Law enforcement used several investigative tools, including surveillance and undercover operations, to reveal the full scope of the illegal operation. Records obtained by investigators show that a user account believed to be associated with Vladimirov sold at least 3,676 items for a total of $369,818.62 from late 2017 to late 2019 and it is believed that the stolen goods generated over $200,000 in sales from January 2019 to January 2020.
Stuart was outspoken in his recognition of law enforcement efforts in the matter, “I want to commend the excellent work of many investigative agencies -- the U.S. Secret Service, the West Virginia State Police, the Kanawha and Putnam County Sheriff’s Departments and the South Charleston Police Department- for their work in shutting down this long-term scheme. My team did an excellent job including investigator Steve Rowley and Assistant United States Attorney Andrew Tessman. I also want to particularly thank the ORC investigators from Kroger, CVS Pharmacy, and Target Corporation as well as eBay for its assistance in shutting down this scheme. Public and private partnerships in investigations is a bit unusual but their assistance and partnership in this matter was critical. Hopefully this matter sends a strong message to shoplifters to “knock it off, get a job, and if shoplifting is how you feed your addiction, get help and do it today.” It also sends a message to retailers that “we have your back” and that “we can no longer look the other way.”
The investigation was a collaborative effort between federal, state and local, and private retail law enforcement partners. Today’s actions would not have been possible without the seamless collaboration of each of these partners. The investigation is ongoing and could result in additional federal and state charges in the future.
Assistant United States Attorney Andrew J. Tessman is handling the matter.
Please Note: A criminal complaint is merely an allegation and the defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Follow us on Twitter: SDWVNews and USAttyStuart
###
Bluefield Woman Sentenced on Federal Drug ChargeRead the Press Release
BLUEFIELD, W.Va. – A Bluefield woman was sentenced to federal prison for distributing drugs, announced United States Attorney Mike Stuart. Cassandra Tiller, 36, was sentenced to eight months in prison and three years of supervised release for distribution of heroin.
“The opioid epidemic wreaked havoc in communities throughout southern West Virginia and we continue to hold the poison peddlers and chaos-makers accountable,” said United States Attorney Mike Stuart. “Make no mistake -- we are winning. Our communities are safer and I’ve put drug dealers on notice. We are fighting every day to take back our communities and protect West Virginia families from drug dealers like Tiller.”
Tiller previously admitted that on March 13, 2017, she distributed heroin to confidential informants in or near Montcalm in Mercer County. She further admitted that she sold heroin to confidential informants on two other occasions.
The Southern Regional Drug and Violent Crime Task Force conducted the investigation. Senior United States District Judge David A. Faber presided over the hearing. Assistant United States Attorneys Negar Kordestani and John File handled the prosecution.
Follow us on Twitter: SDWVNews and USAttyStuart
###
Charleston Man Sentenced to 10 Years in Federal Prison for Drug and Gun CrimesRead the Press Release
CHARLESTON, W.Va. – A Charleston man was sentenced to federal prison for armed drug trafficking crimes, announced United States Attorney Mike Stuart. Kevin Huffman, 36, was sentenced to 10 years in prison for possession with intent to distribute methamphetamine and possession of a firearm in furtherance of a drug trafficking crime.
“10 years in federal prison,” said United States Attorney Mike Stuart. “We are tough, tough, tough on crime. Through increased and aggressive efforts to prosecute drug dealers like Huffman, we are making great progress towards safer streets, safer families and a safer West Virginia.”
Huffman previously admitted that he agreed to meet and sell methamphetamine to an individual now known to be a confidential police informant in Dunbar, West Virginia on November 30, 2017. Police approached a vehicle driven by Huffman to the meeting point. Huffman was found sitting on top of a Ruger, model SR, .40 caliber pistol. Following a search of the vehicle driven by Huffman, officers recovered a distribution quantity of methamphetamine and the firearm, as well as cash and Xanax, Diazepam and Clonazepam pills. At the plea hearing, Huffman admitted that he possessed the firearm to further his drug trafficking activities.
The Metropolitan Drug Enforcement Network Team (MDENT) and the Charleston Police Department’s Special Enforcement Unit conducted the investigation. Senior United States District Judge John T. Copenhaver, Jr. presided over the hearing.
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.
Follow us on Twitter: SDWVNews and USAttyStuart
###
Federal Jury Convicts Lincoln County Man of Gun CrimeRead the Press Release
CHARLESTON, W.Va. – A federal jury sitting in Charleston has found a Lincoln County man guilty of illegally possessing a firearm, announced United States Attorney Mike Stuart.
The jury found that the defendant, James Owen Adkins, was a convicted felon who was prohibited from possessing a firearm. Adkins was previously convicted four times from 2012 through 2017 for subsequent offenses of driving on a license that was revoked for DUI, each conviction being a felony in West Virginia. On June 4, 2019, Adkins removed a Springfield XD 9mm pistol from a truck that drove away from St. Albans police officers during an attempted a traffic stop. Adkins took the pistol from the truck, climbed out and ran off through a residential neighborhood as police pursued him on foot with a K-9. Prior to being apprehended by police, Adkins discarded the firearm under a shrub next to a residence where young children resided. Police officers recovered the firearm at the scene. Adkins admitted in an interview with officers that he was a felon, that he ran from police with the firearm, and that he discarded it.
“Guilty by a jury of his peers. By enforcing our federal firearms laws, we keep guns out of the wrong hands,” said United States Attorney Mike Stuart. “By virtue of his four previous felony convictions, Adkins is prohibited from possessing firearms. The 2nd Amendment is a sacred right for all Americans and it is a right that I hold as paramount. But felons have forfeited that right. I commend the work of the St. Albans Police Department and the work of my entire team in bringing Adkins to justice.”
Adkins faces up to ten years in prison when sentenced on April 30, 2020.
The St. Albans Police Department conducted the investigation. United States District Judge Joseph R. Goodwin presided over the trial. Assistant United States Attorneys Kristin F. Scott and Steven I. Loew are in charge of the prosecution and tried the case before the federal jury.
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.
Follow us on Twitter: SDWVNews and USAttyStuart
###
HOPE Clinic Physician Pleads Guilty to Drug CrimeRead the Press Release
BECKLEY, W.Va. – A South Carolina physician pled guilty to a drug crime, announced United States Attorney Mike Stuart. William Earley, D.O., 63, pled guilty to distributing oxycodone without a legitimate medical purpose in the usual course of professional medical practice and beyond the bounds of medical practice.
“Earley is the latest drug dealer in a lab coat to plead guilty to charges brought by my office,” said United States Attorney Mike Stuart. “In fact, six medical providers have pled guilty to date as a result of the investigation into HOPE Clinic’s prescribing practices.”
Earley admitted that he worked at the Charleston HOPE Clinic, which held itself out as specializing in the treatment of chronic pain through opioid pain medication. However, Earley admitted to having no formal training in the treatment of chronic pain patients but stated he was reassured by other HOPE Clinic physicians and by a staffing company that the HOPE Clinic was set up to provide appropriate treatment to patients suffering from chronic pain. While working at the HOPE Clinic, Earley admitted that it became apparent to him that some of the patients were not being properly evaluated prior to the doctors writing them prescriptions for opioids. Earley admitted that the patients’ files were poorly kept and often had little relevant medical information in them. Many of the patients came to the HOPE Clinic from out of state and most patients paid in cash.
On April 24, 2014, Earley admitted to prescribing patient D.J.B. 120 Percocet 10mg/325mg pills and 60 Oxycodone 10 mg pills. Earley admitted that a review of D.J.B.’s medical chart showed that by April 24, 2014, he had four failed drug tests and had reported his medication stolen. Despite these red flags, Earley did not do a physical examination of D.J.B., or address any of his failed drug screens with him, and he did not discuss the possibility of addiction or diversion with him on April 24, 2014, before issuing him two short-acting oxycodone prescriptions. Earley admitted that the prescriptions he issued to D.J.B. were not for a legitimate medical purpose in the usual course of professional medical practice and were beyond the bounds of medical practice.
Earley faces up to 10 years in prison when sentenced on May 11, 2020.
The investigation was conducted by the U.S. Department of Health and Human Services Office of Inspector General (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 Volk presided over the hearing. Assistant United States Attorneys Monica D. Coleman and Steven I. Loew are handling the prosecution.
Follow us on Twitter: SDWVNews and USAttyStuart
###(Note: this guilty plea was withdrawn on August 24, 2022. On September 8, 2022, Earley pleaded guilty to aiding and abetting obtaining a controlled substance by fraud. Related court documents and information can be found on PACER by searching for Case No. 2:22-cr-168.)
Four Sentenced to Federal Prison on Drug ChargesRead the Press Release
HUNTINGTON, W.Va. – Four defendants were sentenced to federal prison on drug charges by United States District Judge Robert C. Chambers today, announced United States Attorney Mike Stuart.
“Four drug traffickers were sentenced to federal prison today for peddling poisons,” said United States Attorney Mike Stuart. “The underlying charges involved distribution of black tar heroin, heroin, fentanyl and marijuana. Yes, marijuana. My office enforces all federal drug laws. If we find you selling illegal drugs in my district, you will be prosecuted to the fullest extent of the law.”
Mathew Byrd, 32, of Barboursville, was sentenced to 106 months in prison for selling heroin and possessing a firearm in furtherance of a drug trafficking crime. Byrd was also ordered to forfeit a 2016 Cadillac Escalade, $10,000 in U.S. Currency, and various personal property. Byrd previously admitted that on January 31, 2019, he sold seven grams of black tar heroin to a confidential informant. He also admitted to possessing a firearm in furtherance of a drug trafficking crime. The Violent Crime Drug Task Force West and the Putnam County Sheriff’s Department conducted the investigation. Assistant United States Attorney Stephanie Taylor handled the prosecution.
Tequan Montek Pratt, 24, was sentenced to 34 months in prison for distribution of marijuana. Pratt admitted that on March 30, 2018 and April 9, 2018, he sold a pound of marijuana to a confidential informant at a duplex in Nitro, Putnam County, West Virginia. Pratt also admitted that he and his associates were trafficking the marijuana from cities throughout California for several months. Estimated conservatively, Pratt admitted to trafficking at least 20 kilograms of marijuana from California. Pratt also possessed multiple firearms at another house in Putnam County. The Violent Crime and Drug Task Force West and the Putnam County Sheriff’s Department conducted the investigation. Assistant United States Attorney Ryan A. Keefe and former Assistant United States Attorney Drew O. Inman handled the prosecution.
Abdullah Myles, 25, of Michigan, was sentenced to 15 months in prison for possession with the intent to distribute heroin. Myles previously admitted that on February 7, 2019, officers with the Huntington Police Department executed a search warrant at a residence Myles was living in at 825 21st Street in Huntington. Officers recovered 13 grams of heroin from the room Myles was living in. The Huntington Police Department conducted the investigation. Assistant United States Attorney Stephanie S. Taylor handled the prosecution.
Maechelle Relf, 27, of Huntington, was sentenced to seven months in prison for conspiracy to distribute heroin and fentanyl. Relf previously admitted that between December 2018 and May 2019 she conspired with other individuals to distribute heroin and fentanyl in Huntington, West Virginia. Relf admitted that she would travel to Detroit, Michigan to obtain heroin for George Lockhart for him to sell in Huntington. Her charges were the result of Operation Free Market, a long-term drug investigation in the Huntington area. The Drug Enforcement Administration and the Violent Crime and the Drug Task Force West conducted the investigation. Assistant United States Attorney Stephanie S. Taylor handled the prosecution.
Follow us on Twitter: SDWVNews and USAttyStuart
###
Project Guardian: Three Felons Sentenced to Federal Prison for Gun PossessionRead the Press Release
CHARLESTON, W.Va. – Three felons were sentenced to federal prison for gun possession, announced United States Attorney Mike Stuart.
Shannon Brown, 44, of Charleston, received an enhanced sentence of 46 months in prison for being a felon in possession of a firearm. Brown previously admitted that on June 6, 2019, he possessed a Smith and Wesson, .40 caliber handgun, in and affecting interstate commerce. Brown ran from the police and threw the gun and a small amount of cocaine during the chase, both of which were recovered by the police. The Court increased Brown’s sentence because he possessed both the firearm and cocaine. Brown has two previous felony drug convictions from 1998 and 2004 in the Circuit Court of Kanawha County, West Virginia, and was aware that he was prohibited from possessing a firearm. The Charleston 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 Steven I. Loew handled the prosecution.
Joshua Adam Dowler, 37, of Wood County, was sentenced to 36 months in prison for possession of a firearm by a convicted felon. Dowler previously admitted that on April 12, 2018, he possessed a Taurus 9mm pistol while target shooting at a residence on Cain Hill Road. He was prohibited from possessing the firearm due to having been convicted of burglary in 2007. He was on parole at the time he possessed the firearm. The United States Marshals Service, the Wood County Sheriff’s Department, the West Virginia State Police, 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.
Dennis Leroy Burns II, 43, of Boone County, was sentenced to 15 months in prison. He previously pled guilty to being a felon in possession of a firearm. Burns admitted that on November 12, 2018, he was walking along Mud River Road in Boone County when a trooper with the West Virginia State Police encountered him. The trooper investigated and ultimately located a loaded, High-Point, Model C9, 9mm pistol in a ditch just behind Burns, which Burns had possessed. Burns was prohibited from possessing the firearm due to a 2007 felony conviction in Forsyth County Superior Court in Winston Salem, North Carolina, for attempting to obtain money under false pretenses. The West Virginia State Police 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 Attorneys Ryan A. Keefe and Greg McVey handled the prosecution.
This 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 this case with support from the Project Guardian partners listed above. For more information about Project Guardian, please see: https://www.justice.gov/projectguardian.
The case against Shannon Brown was prosecuted as part of the Project Safe Neighborhoods (PSN) program, the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
Follow us on Twitter: SDWVNews and USAttyStuart
###
Detroit Heroin Dealer Convicted by Federal Jury on Multiple ChargesRead the Press Release
CHARLESTON, W.Va. – A federal jury found a Detroit, Michigan man guilty of conspiracy to distribute heroin, using and carrying a firearm during the heroin conspiracy, and tampering with a witness, announced United States Attorney Mike Stuart. Curtis Watson, also known as “LOW,” conspired with other drug traffickers from Detroit, Michigan and Charleston, West Virginia, to distribute in excess of 700 grams of heroin in the Southern District of West Virginia.
“I commend the work of law enforcement and my prosecution team for securing the conviction of this dangerous Detroit drug dealer,” said United States Attorney Mike Stuart. “Watson peddled a significant amount of heroin throughout southern West Virginia for which he is now being held accountable.”
Watson supplied a residence in the Hernshaw area with a substantial amount of heroin, which would then be sold to drug addicts and dealers. Shortly after the conspiracy began, Watson was losing money and he enlisted other Detroit drug traffickers to travel to West Virginia and sell more heroin. Watson would provide these Detroit drug dealers with firearms to protect the heroin. Upwards of $40,000 was being made in a given day at this residence. One witness described the house similar to a fast-food restaurant. Another witness described selling drugs out of the house from sun up to sunset.
Watson’s conspiracy ended on November 17, 2017, when the Kanawha County Sheriff’s Department responded to the Hernshaw residence because of the drug trafficking activity. Prior to law enforcement arriving, Watson dropped off more heroin and a Hi-Point firearm, and left the area.
After a federal grand jury indicted Watson on November 27, 2018, his first jury trial was scheduled on August 12, 2019. On the day the trial was set to begin, a cooperating witness was threatened by Watson because the witness was coopering with the government. When Watson saw the witness at the federal courthouse, he yelled at the witness, “I got you! I got you!” After the encounter with Watson, the witness became concerned for their safety and was afraid to testify. Subsequently, the federal grand jury returned a superseding indictment against Watson on September 18, 2019, adding a charge for tampering with a witness.
Watson faces mandatory five years and up to life in prison on the firearm offense which, by law, must be served consecutive to the other offenses. He faces mandatory five years and up to forty years on the conspiracy to distribute heroin in excess of 100 grams. Lastly, he faces up to twenty years on the tampering with a witness offense. At a minimum, Watson faces a mandatory minimum of ten years to life in federal prison when he is sentenced in June 2020.
The Federal Bureau of Investigation (FBI), the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), the United States Marshals Service, the Drug Enforcement Administration (DEA), the U.S. 119 Drug and Violent Crime Task Force, the West Virginia State Police, and the Kanawha County Sheriff’s Department conducted the investigation. United States District Judge Irene C. Berger presided over the trial. Assistant United States Attorneys Ryan A. Saunders and Nowles H. Heinrich handled the prosecution.
Follow us on Twitter: SDWVNews and USAttyStuart
###
Parkersburg Man Pleads Guilty to Drug OffenseRead the Press Release
CHARLESTON, W.Va. – A Parkersburg man pled guilty to a drug crime, announced United States Attorney Mike Stuart. Keith Saunders, 39, pled guilty to distribution of a quantity of methamphetamine.
“Saunders was selling roughly a half a pound of meth every week,” said United States Attorney Mike Stuart. “Meth now plagues West Virginia communities and we are committed to holding drug dealers accountable.”
Saunders admitted that on two separate occasions in 2017, he met with confidential informants working with the Parkersburg Police Department and sold the informants methamphetamine. On October 29, 2019, Saunders admitted that he sold heroin to a confidential informant again working with the Parkersburg Police Department. On October 30, 2019, a state search warrant was executed at Saunders’ home where ammunition in addition to several digital scales were located. Saunders admitted to being addicted to methamphetamine for several years and told investigators that he sold approximately half a pound of methamphetamine a week in order to support his drug addiction.
Saunders faces up to 20 years in prison when sentenced on April 23, 2020.
The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and the Parkersburg Police Department conducted the investigation. Senior United States District Judge John T. Copenhaver, Jr. presided over the hearing. Assistant United States Attorney L. Alexander Hamner is handling the prosecution.
Follow us on Twitter: SDWVNews and USAttyStuart
###
Media Advisory - United States Attorney Mike Stuart to Hold Press ConferenceRead the Press Release
CHARLESTON, W.Va. –United States Attorney Mike Stuart, along with law enforcement and City of Huntington officials, will hold a press conference on Wednesday, January 29, 2020, at 3:00 p.m. regarding an indictment.
Where: Sidney L. Christie Federal Building
845 Fifth Avenue
Huntington, WV
When: Wednesday, January 29, 2020 @ 3:00 p.m.
Follow us on Twitter: SDWVNews
###
West Virginian Business Owners Sentenced to Prison for Failing to Pay Employment and Individual Income TaxesRead the Press Release
Two West Virginian business owners were sentenced to prison today for conspiring to defraud the United States of employment and income taxes, announced Principal Deputy Assistant Attorney General Richard E. Zuckerman of the Justice Department’s Tax Division and U.S. Attorney Michael B. Stuart for the Southern District of West Virginia. Russell Rucker was sentenced to serve 18 months in prison, and his wife, Karen Rucker, was sentenced to six months in prison.
According to court documents and statements made in court, the Ruckers operated Rucker, Billups and Fowler Inc. (RBF), an insurance agency located in Huntington, West Virginia. Russell Rucker was the president of RBF and since approximately late 2013, Karen Rucker served as a financial officer. Between September 2015 and September 2018, the Ruckers withheld approximately $143,226 in payroll taxes from the wages of RBF’s employees, which they did not pay over to the Internal Revenue Service (IRS). Instead, the Ruckers diverted portions of the withheld funds for their own personal benefit. For instance, from 2014 through 2016 the Ruckers continued to pay themselves over $500,000 in salary. In response to IRS collection efforts and in an attempt to conceal funds from the IRS, the Ruckers deposited money into the bank account of another individual. The Ruckers also attempted to evade IRS levies by using a series of bank accounts that they did not disclose to the IRS and by paying many of their bills in cash, including their mortgage.
In addition, the Ruckers sought to evade payment of Russell Rucker’s 2001, 2002, and 2005 individual income taxes by disguising paychecks issued to Russell Rucker as non-taxable “note proceeds,” and they failed to file their individual income tax returns and RBF’s corporate returns for 2014 through 2017. The intended tax loss caused to the IRS by their conduct is more than $250,000.
In addition to the term of imprisonment, U.S. District Robert Chamber ordered the Ruckers to each serve three years of supervised release and to pay approximately $258,137 in restitution to the United States.
Principal Deputy Assistant Attorney General Zuckerman and U.S. Attorney Stuart commended special agents of IRS-Criminal Investigation, who investigated the case, and Trial Attorneys Alexander Effendi and Lauren Archer of the Tax Division, who prosecuted the case.
Additional information about the Tax Division and its enforcement efforts may be found on the division’s website.