Southern District of West Virginia
Press releases recorded for this federal judicial district.
State Grant Recipient Sentenced to Prison for Mailing Falsified Grant Reimbursement RequestsRead the Press Release
CHARLESTON, W.Va. – An administrator for a company that received a state grant for a recovery housing program was sentenced today for committing mail fraud relating to falsifying grant reimbursement requests to the State of West Virginia, announced United States Attorney Mike Stuart. David Stevens, 57, was sentenced to 6 months in prison and 6 months of home confinement, and was ordered to pay more than $137,000 in restitution for his role in defrauding the State of West Virginia of grant funds designated for a planned recovery housing program in Mount Hope, West Virginia. Stuart commended the investigative efforts of the West Virginia Commission on Special Investigations and the Federal Bureau of Investigation.
“Defrauding West Virginia means defrauding West Virginia taxpayers,” said United States Attorney Mike Stuart. “Stevens received public funds for a substance use treatment program. Our state has suffered greatly as a result of the opioid epidemic. Treatment and recovery dollars are critical to insure West Virginians with substance use disorder can get much needed services and support. As always, we will hold accountable those who misuse or misappropriate taxpayer dollars.”
Stevens started Open Minds Recovery Services, Inc. (“Open Minds”) in early 2016 and then received a $501,500 reimbursement-based grant from the State of West Virginia for a recovery housing program that was supposed to work with adult males in need of substance use treatment and mental health care. Stevens knew the grant required Open Minds to seek reimbursement for already-expended, allowable grant costs. However, in July 2016, Stevens begin requesting reimbursement from the West Virginia Department of Justice and Community Services for funds that Open Minds had not actually expended. Instead of using all state grant funds on the Open Minds project, Stevens admitted that he spent some funds on himself and his own companies.
Former Assistant United States Attorney Meredith George Thomas and Assistant United States Attorney Stefan Hasselblad handled the prosecution. Senior United States District Judge John T. Copenhaver, Jr. presided over the hearing.
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Saigon Sunset Update: Michigan Man Sentenced for His Role in Federal Drug ConspiracyRead the Press Release
HUNTINGTON, W.Va. – A Michigan man caught with heroin in August 2017 was sentenced today to 18 months for his role in a federal drug conspiracy, announced United States Attorney Mike Stuart. Nyanzangusa Baldwin, also known as “Botch,” 45, previously pled guilty to an indictment charging him with conspiracy to distribute heroin.
“Another Saigon Sunset and Detroit drug dealer behind bars,” said United States Attorney Mike Stuart. “I’ve said from day one that tough is how we’re going to treat drug dealers. And tough we are. All defendants charged last year as part of the Peterson drug trafficking organization have been convicted.”
Baldwin had admitted Manget Peterson asked him to come to Huntington in August 2017 to distribute heroin. He admitted that he distributed heroin from the Ramada Inn Motel in Huntington, West Virginia in August 2017. Officers executed a search warrant on the motel room and seized approximately 35 grams of heroin.
United States District Judge Robert C. Chambers imposed the sentence. Assistant United States Attorney Stephanie S. Taylor prosecuted the case.
This investigation was the result of a joint effort by the Drug Enforcement Administration and the Violent Crime and Drug Task Force West.
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Kentucky Man Sentenced to Prison for Traveling to Meet a Minor for SexRead the Press Release
HUNTINGTON, W.Va. – A Kentucky man was sentenced today to spend 46 months in prison for traveling in interstate commerce in order to engage in illicit sexual activity with a minor, announced United States Attorney Mike Stuart. Upon his release from prison, Caudill will be required to serve a 15 year term of supervised release. He will also be required to register as a sex offender.
“As we announced last month, federal, state and local law enforcement resources are working collaboratively throughout West Virginia and across state lines to identify and prosecute child predators,” said United States Attorney Mike Stuart. “We are committed to doing everything possible to protect our children.”
Richard Gerald Caudill, Jr., 46, of Catlettsburg, Kentucky, previously admitted that during August 2018 he communicated via the cell phone messaging app Kik with a minor he believed to be a 14-year-old girl from the Ashland, Kentucky area. During the conversations, Caudill attempted to persuade and entice the minor to meet him in order to engage in sexual intercourse. On August 28, 2018, Caudill traveled from his home in Kentucky to a location in Kenova, Wayne County, West Virginia, in order to have sex with the minor. Only then did Caudill discover that the minor was actually an undercover law enforcement officer.
The investigation was conducted by the West Virginia State Police Internet Crimes Against Children Task Force, the FBI Violent Crimes Against Children Task Force, and the Ashland Police Department. First Assistant United States Attorney Lisa Johnston and Assistant United States Attorney Jennifer Rada Herrald handled the prosecution. The sentence was handed down by United States District Judge Robert C. Chambers.
This case was prosecuted as part of Project Safe Childhood, a nationwide initiative of the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorney’s Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute those who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
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Kanawha County Man Pleads Guilty to Theft of Mail from a United States Post OfficeRead the Press Release
Defendant stole 16 pieces of mail and White House Christmas ornaments
CHARLESTON, W.Va. – A Charleston man entered a guilty plea to the felony offense of stealing mail from a Post Office, announced United States Attorney Mike Stuart. Joshua Hanshaw, 37, faces up to 5 years of incarceration and a $250,000 fine when he is sentenced on August 15, 2019. He will also be required to pay restitution back to the United States Treasury and any mail theft victims. Stuart praised the work of the United States Postal Inspection Service and the Charleston Police Department.
“Theft of mail is a serious offense,” said United States Attorney Mike Stuart. “All too often, there is an uptick in mail theft around holidays. We will prosecute “Grinches” like Hanshaw no matter what time of year they commit their criminal act.”
On December 27, 2017, Hanshaw went to the Main Charleston Post Office on Lee Street in downtown Charleston, West Virginia after regular business hours. He was able to lift open a metal security screen that covered a teller window. Hanshaw then crawled over the counter and through the gap to the area where mail is sorted. Once there, Hanshaw took a number of pieces of mail. He also took seven 2017 White House Christmas ornaments that the post-office sells. Hanshaw left the post-office with the mail and ornaments in a plastic bin. He riffled the mail and discarded much of it around the post-office and behind a nativity scene at St. Mark’s United Methodist Church. In total, Hanshaw took 16 pieces of mail, five packages, and seven official 2017 White House Christmas ornaments.
Police had access to security videos where Hanshaw was observed taking the mail and the ornaments. He was also observed opening the metal screen and crawling through the opening. The Charleston Police Department and United States Postal Inspection Service were able to identify Hanshaw and he was arrested. Hanshaw agreed to speak with investigators after they advised him of his Miranda rights. He told investigators that he opened the window and went into the post-office, stealing mail and the Christmas ornaments.
United States District Judge Joseph R. Goodwin presided over the hearing. Assistant United States Attorney Erik S. Goes and former Assistant United States Attorney Eric Bacaj handled the prosecution.
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Huntington Man Pleads Guilty to Federal Drug and Gun ChargesRead the Press Release
HUNTINGTON, W.Va. – A Huntington man who was caught with methamphetamine and a gun in Huntington in 2018 pled guilty today to federal charges, announced United States Attorney Mike Stuart. Brandon Douglas Tomblin, 35, entered guilty pleas in federal court in Huntington to possession with intent to distribute methamphetamine and possession of a firearm in furtherance of drug trafficking. Stuart commended the investigative efforts of the Huntington Police Department and the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF).
“Strong partnerships have led to dramatic decreases in violent crime in Huntington,” said United State Attorney Mike Stuart. “We are prosecuting record numbers of drug and gun defendants like Tomblin.”
On July 29, 2018, an officer with the Huntington Police Department was on patrol along 15th Street in Huntington when he initiated a traffic stop on a vehicle driven by Tomblin for nearly hitting a parked car. Subsequent to Tomblin’s arrest, the officer located approximately 22 grams of a white crystal like substance believed to be methamphetamine. On August 4, 2018, an officer with the Huntington Police Department responded to 401 Bridge Street in Huntington for report of a suspicious person. The officer detained the individual who was identified as Tomblin, at which time the officer observed a gun nearby, specifically a .357 Sig Sauer pistol. The officer also located drugs on Tomblin’s person in an amount consistent with drug trafficking.
Tomblin faces up to 20 years in federal prison when he is sentenced on August 19, 2019.
Assistant United States Attorney Ryan A. Keefe is handling the prosecution. United States District Judge Robert C. Chambers presided over the plea 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.
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Raleigh County Man Sentenced on Federal Drug and Gun ChargesRead the Press Release
BECKLEY, W.Va. – United States Attorney Mike Stuart announced that a Raleigh County man was sentenced on federal drug and gun charges. Adam Pauley, 34, of Sophia, was sentenced to 84 months in prison for possession with intent to distribute methamphetamine and using and carrying a firearm during and in relation to a drug trafficking crime.
“Meth and guns,” said United States Attorney Mike Stuart. “An all too common occurrence. Meth-involved overdose deaths have increased dramatically in West Virginia. We’re working closely with law enforcement to put meth dealers behind bars.”
Pauley pled guilty on January 25, 2019, admitting that on June 13, 2018, near Sam Black Church in Greenbrier County, he possessed a quantity of methamphetamine which he intended to distribute, along with a .380 caliber pistol which he was carrying to protect the methamphetamine and himself. A West Virginia State Trooper stopped the vehicle which Pauley was driving and found the drugs and the firearm.
The case was investigated by the Greenbrier Valley Drug and Violent Crime Task Force and the West Virginia State Police. Assistant United States Attorney John File handled the prosecution. United States District Judge Irene C. Berge presided at the plea hearing.
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Honduran Man Pleads Guilty to Immigration CrimeRead the Press Release
BECKLEY, W.Va. – A Honduran man pled guilty to immigration crime, announced United States Attorney Mike Stuart. Elmer Hernandez, 30, entered a guilty plea to the felony offense of Reentry of a Removed Alien. He faces up to two years of incarceration when he is sentenced on August 22, 2019. Stuart commended the work of U.S. Immigration and Customs Enforcement (ICE) and the West Virginia State Police.
“Even here in West Virginia, illegal immigration is a serious issue,” said United States Attorney Mike Stuart. “Every week we prosecute more and more illegal reentry cases. The crisis at the border is a crisis we feel here in West Virginia. ICE is doing a terrific job as are our other law enforcement partners that work so hard to keep our communities safe.”
On March 9, 2019, a West Virginia State Police Trooper saw a car that was stopped at Mile Marker 52 on the West Virginia Turnpike outside of Beckley, Raleigh County, West Virginia. Three men were standing outside a car with its emergency blinkers on. When the Trooper pulled in, the men ran to the car and began to drive away. The Trooper asked the driver what was happening and for a driver’s license. The driver could not communicate with the Trooper due to a language barrier and did not have a driver’s license. The Trooper contacted a translator service provided by ICE to assist. The driver and two other individuals spoke with ICE agents telephonically and all three were found to be in the United States illegally. All three men were taken into custody and fingerprinted. Hernandez, one of the three men, was found to be a prior reentry. Specifically, his prints matched a prior removal from Pennsylvania in 2015. Hernandez admitted to ICE agents that he was in the United States illegally and had not obtained permission to legally enter the United States. He had not otherwise sought legal status or citizenship. Hernandez further admitted to ICE agents that he was a Honduran citizen.
United States District Judge Irene C. Berger presided over the hearing. Assistant United States Attorney Erik S. Goes is responsible for the prosecution.
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Former High School Counselor Sentenced for Mail Fraud Scheme Inflating Daughter's Grades to Obtain College ScholarshipsRead the Press Release
BECKLEY, W.Va. – United States Attorney Mike Stuart announced that Mellissa Krystynak, 49, of St. Lucie, Florida, was sentenced to six months in prison for a mail fraud scheme she executed while employed as a counselor at Greenbrier West High School, in Charmco, Greenbrier County, West Virginia. She was also ordered to pay $13,750 in restitution to the victim scholarship organizations, and she was fined an additional $5,000.
“A college admission scandal right here in West Virginia. Hiking a daughter’s grades and changing a daughter’s boyfriend’s grades are both new ones on me. Although every parent with a teenager appreciates the fantasy, you just can’t do it even if you want to,” said United States Attorney Mike Stuart. “Krystynak abused her position of authority to inflate her daughter’s grades and, adding even more harm, to use those fake grades to obtain college scholarships. Everyone deserves a level playing field.”
Krystynak was a school counselor at Greenbrier West from 2011 until 2017. While she was employed there, two of her children attended the school. Krystynak used her position as a counselor to gain access to the school’s computerized grading programs to inflate at least thirty-four of her oldest daughter’s grades. Her daughter then used the inflated grades to apply for and receive over ten different college scholarships with a potential benefit of over $20,000. These scholarships were based on applications containing the fraudulent grades and transcripts. Krystynak also changed one of the grades of her younger daughter’s boyfriend from a course he withdrew from and received no grade to an “A.”
United States District Judge Irene Berger imposed the sentence. Former Assistant United States Attorney Gabriel Wohl and Assistant United States Attorney Steve Loew handled the prosecution. The investigation was conducted by the United States Department of Education, Office of Inspector General.
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United States Attorney Mike Stuart Recognizes National Peace Officers' Memorial Day at Annual Memorial Ceremony in HuntingtonRead the Press Release
CHARLESTON, W.Va. — United States Attorney Mike Stuart recognized the service and sacrifice of federal, state, and local police officers yesterday at the annual memorial ceremony hosted by the Huntington Police Department and the Fraternal Order of Police (FOP) Gold Star Lodge 65.
In October 1962, Congress enacted a joint resolution, which the President signed, declaring May 15th as National Peace Officers Memorial Day to honor law enforcement officers killed or disabled in the line of duty. The resolution also created National Police Week as an annual tribute to law enforcement service and sacrifice, which is being observed this year from Sunday, May 12 to Saturday, May 18, 2019. During Police Week, our nation celebrates the contributions of police officers from around the country, recognizing their hard work, dedication, loyalty and commitment in keeping our communities safe.
Last year, 158 law enforcement officers lost their lives in the line of duty. That is 158 too many. On May 13, 2019, Attorney General William Barr honored the men and women of law enforcement and their families at the National Law Enforcement Officers Memorial Fund Candlelight Vigil. The names of all fallen officers nationwide were formally dedicated on the National Law Enforcement Officers Memorial in Washington, DC, during the 31st Annual Candlelight Vigil. The Candlelight Vigil is one of many commemorative events that take place in the nation’s capital during National Police Week 2019.
“Thank you. Thank you for all you do every single day to keep us safe,” said United States Attorney Mike Stuart. “Since becoming United States Attorney, with every passing day I become more and more appreciative of the work performed by federal, state, and local law enforcement, who often face uncertain and dangerous situations without question and without expectation of thanks. The brave men and women in law enforcement work tirelessly to protect our families and our communities, and most often do so without commensurate pay. That is why I was extremely honored to be the guest speaker at Huntington’s annual law enforcement officers memorial service to remind our first responders that they have my unwavering support and appreciation. I will always back the blue.”
For more information about other National Police Week events, please visit www.policeweek.org.
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Corrections Officer Indicted on Drug Trafficking ChargeRead the Press Release
CHARLESTON, W.Va. – A former corrections officer at the South Central Regional Jail, John Edward Roach II, age 47, of Charleston, has been charged with a federal drug trafficking crime, announced United States Attorney Mike Stuart. The charge is contained in a federal indictment that was unsealed today following Roach’s arrest. The indictment alleges that on or about April 11, 2019, Roach possessed with intent to distribute 50 grams or more of a methamphetamine mixture.
“This allegation is very serious,” said United States Attorney Mike Stuart. “The allegation that a corrections officer was dealing methamphetamine in a correctional facility is extremely troubling and led to this indictment. We expect every correctional officer to uphold the rule of law unlike the inmates for which they stand guard.”
According to public court filings and other documents, Roach received $2,000 as payment to use his position as a corrections officer to smuggle around four ounces of methamphetamine into the South Central Regional Jail. Before Roach could transport the methamphetamine to the jail, police investigators arrested him.
Assistant United States Attorney Drew O. Inman is handling the prosecution. The Drug Enforcement Administration (DEA), the Kanawha County Sheriff’s Department, the Putnam County Sheriff’s Department, the St. Albans Police Department, and the Boone County Sheriff’s Office conducted the investigation.
If convicted of the charge contained in the indictment, Roach faces a possible maximum sentence of 40 years in prison.
Please note: An indictment is merely an allegation and the defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
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Parkersburg Woman Pleads Guilty to Aggravated Identity TheftRead the Press Release
CHARLESTON, W.Va. – A Parkersburg woman pled guilty to aggravated identity theft in connection with illegally obtaining a firearm, announced United States Attorney Mike Stuart. Erica Nicole Blake, 36, entered her guilty plea before Senior United States District Judge John T. Copenhaver, Jr. Stuart commended the investigative efforts of the Parkersburg Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).
“Blake knows she is prohibited from purchasing or possessing a gun due to her previous felony conviction,” said United States Attorney Mike Stuart. “So she tried to pass off as someone else. We prosecute those who lie to buy firearms.”
On November 10, 2017, Blake used a West Virginia driver’s license belonging to another person as a means of photo identification during the purchase of a KAHR Arms .45 caliber semiautomatic pistol from a licensed firearms dealer in Parkersburg. Blake used the stolen identification in order to fraudulently pass the background check. Blake was prohibited from purchasing or possessing a firearm as a result of having been convicted of felony forgery and uttering in 2012.
On December 6, 2017, approximately three weeks after Blake purchased the pistol, a Parkersburg Police Officer recovered it from Mark Matthew Smith during a traffic stop on Wood Street. Blake was driving the vehicle, and Smith was a passenger. An officer located the pistol in the floorboard where Smith was sitting. Smith was wearing a concealed carry holster for the pistol. Smith has felony convictions of forgery and uttering as well as grand larceny. He has been charged with being a felon in possession of a firearm and is set for trial on June 25, 2019.
Blake faces a mandatory sentence of 2 years in federal prison when she is sentenced on August 14, 2019. Assistant United States Attorney Joshua C. Hanks is responsible for the prosecution.
Project Safe Neighborhoods (PSN) is the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
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Department of Justice Reaches Agreement to Resolve Americans with Disabilities Act Investigation of West Virginia’s Children’s Mental Health SystemRead the Press Release
WASHINGTON – The Department of Justice today announced that it reached an agreement with the State of West Virginia to resolve its conclusion that there is reasonable cause to believe the State violates the Americans with Disabilities Act (ADA) by unnecessarily institutionalizing children with serious emotional or behavioral disorders in residential treatment facilities instead of providing them in-home and community-based mental health services. Under the agreement, West Virginia will expand and improve in-home and community-based mental health services throughout the State to better meet children’s needs. The services include mobile crisis services, case management, therapeutic foster care, in-home therapy, and assertive community treatment. In addition, West Virginia will develop a plan to eliminate the unnecessary use of residential mental treatment facilities for children whom the State could serve in the community.
“This settlement will ensure that children are no longer unnecessarily institutionalized in residential treatment facilities far from family and friends,” said Assistant Attorney General Eric Dreiband of the Civil Rights Division. “We commend the State for its willingness to make changes to better serve children with mental health needs in the community.”
“This is a substantial, landmark agreement. It has been a long time coming and its impact will be felt for generations to come,” said Mike Stuart, United States Attorney for the Southern District of West Virginia. “When I became United States Attorney, this matter had suffered with no agreement for more than four years. A settlement looked unlikely and, at times, near impossible. Today’s agreement reflects a genuine, shared commitment to children and families by the Department of Justice and the State of West Virginia, as well as a spirit of good faith and mutual respect between myself and Secretary Crouch. Let there be no doubt, the real winners here today are West Virginia’s children and families.”
“Children need and deserve stability, and staying at home while receiving treatment offers that and so much more,” said Bill Powell, U.S. Attorney for the Northern District of West Virginia. “This issue is vitally important to the families in our district and our great state. This agreement will keep families closer and we are gratified that the State will be taking significant steps to improve the current situation. Our children are some of our most vulnerable citizens and this agreement is a step in the right direction for them and their families.”
Additional information about the Civil Rights Division and the Special Litigation Section, please visit www.justice.gov/crt/special-litigation-section. Those interested in finding out more about the ADA may visit www.ada.gov.
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NOTE: Settlement Agreement: https://www.justice.gov/archives/opa/press-release/file/1162536/. Fact Sheet: https://www.justice.gov/archives/opa/press-release/file/1162431/dl?inline=
Two Detroit Men Plead Guilty to Federal Heroin OffenseRead the Press Release
HUNTINGTON, W.Va. – Two Detroit men who were caught with heroin last year pled guilty to federal charges, announced United States Attorney Mike Stuart. Drevonte Larnielle Patterson, 21, and Christian Vincent Keith Gordon, 22, both entered guilty pleas to possession with intent to distribute heroin in federal court in Huntington. Stuart commended the investigative efforts of the Huntington Police Department.
“Detroit drug dealers flushing heroin down the toilet,” said United States Attorney Mike Stuart. “Detroit drug dealers have flushed too many lives down the toilet by bringing dangerous drugs into our communities.”
On March 15, 2018, officers executed a search warrant at the apartment located at 156 1/2 Sixth Avenue in Huntington. During the search, Patterson and Gordon were found in the bathroom attempting to flush approximately 49 grams of heroin down the toilet. Officers seized the heroin which Patterson and Gordon admitted they intended to distribute. Patterson and Gordon further admitted they distributed heroin from the apartment during the month of March 2018.
Patterson and Gordon both face up to 20 years in federal prison when they are sentenced on August 26, 2019.
Assistant United States Attorney Joseph F. Adams is handling the prosecutions. United States District Judge Robert C. Chambers presided over the plea hearings.
This case is being prosecuted as part of Operation Synthetic Opioid Surge (S.O.S.), a focused enforcement effort that seeks to reduce the supply of deadly synthetic opioids in high impact areas.
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Three Defendants Sentenced in Huntington for Federal Drug OffensesRead the Press Release
HUNTINGTON, W.Va. – – Three defendants who committed drug offenses last year in Huntington were sentenced today in federal court, announced United States Attorney Mike Stuart. Steven Jamar Alexander, 33, was sentenced to 77 months in federal prison after previously pleading guilty to distributing methamphetamine. In separate prosecutions, Zachary Taylor Lucas, 25, was sentenced to 3 months in federal prison after previously pleading guilty to distributing heroin and Jason Clark Dailey, 27, was sentenced to 12 months and one day in federal prison after previously pleading guilty to distributing fentanyl and illegal possession of a firearm by a drug user. Stuart commended the investigative efforts of the DEA, the FBI Drug Task Force, and the Cabell County Sheriff’s Department.
“Three more defendants; three more drug dealers sentenced to prison,” said United States Attorney Mike Stuart. “We’ve worked hard and we’ve worked smart with federal, state and local law enforcement to clean up the streets of Huntington and Cabell County, and we’ll continue working to ensure public safety.”
In the Alexander prosecution, a confidential informant contacted Alexander on August 14, 2018, to arrange a purchase of methamphetamine. Alexander directed the informant to travel to a gas station in the 2200 block of 8th Avenue in Huntington to complete the transaction. At that location, Alexander met the informant and distributed methamphetamine in exchange $120. As part of his plea, Alexander admitted to distributing methamphetamine to the informant on four other occasions.
In the Lucas prosecution, a confidential informant contacted Lucas on March 26, 2018, to arrange a purchase of heroin. Lucas directed the informant to travel to his residence in Milton to complete the transaction. At that location, Lucas distributed heroin to the informant in exchange for $100. As part of his plea, Lucas admitted that he distributed heroin to the informant on two other occasions and that he was involved in distributing heroin in the Milton area during the months of March and April of 2018.
In the Dailey prosecution, a confidential informant contacted Dailey on June 21, 2018, to arrange a purchase of fentanyl. Dailey directed the informant to travel to his residence in Ona to complete the transaction. At that location, Dailey distributed fentanyl to the informant in exchange for $100. On July 5, 2018, deputies executed a search warrant at Dailey’s residence. During the search, deputies seized heroin and two firearms which Dailey possessed. Dailey admitted that he was a drug user and thus, Dailey was prohibited from possessing firearms. Also as part of his plea, Dailey admitted that he distributed heroin to the informant on another occasion and that he was involved in distributing heroin in the Ona area from February to July of 2018.
Assistant United States Attorney Joseph F. Adams handled the prosecutions. The sentences were imposed by United States District Judge Robert C. Chambers.
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Project Charleston Update: Akron Woman Pleads Guilty to Federal Drug Trafficking CrimeRead the Press Release
CHARLESTON, W.Va. – An Akron, Ohio, woman who was arrested as part of Project Charleston, pled guilty to a federal drug trafficking crime, announced United States Attorney Mike Stuart. Azriel Irene Westfall, 20, pled guilty to possession with intent to distribute heroin and methamphetamine before Senior United States District Judge John T. Copenhaver, Jr. Stuart commended the investigation conducted by the Metropolitan Drug Enforcement Network Team (MDENT) and the Drug Enforcement Administration.
“Westfall was carrying death and destruction in her purse,” said United States Attorney Mike Stuart. “Project Charleston shut down a significant drug trafficking organization operating between Akron and Charleston. We will continue to hold poison peddlers responsible and put them behind bars for as long as possible.”
On February 28, 2018, police investigators executed a search warrant on a drug house on Mountain Road in Charleston, where Westfall was staying with several other people. The investigators searched Westfall’s purse and found close to 30 grams of a mixture of heroin and carfentanil (a powerful fentanyl analogue); almost 10 grams of heroin; and around 3 grams of ice methamphetamine. Westfall was also carrying over $6,000 in drug proceeds in her purse.
Westfall faces up to 20 years in federal prison when she is sentenced on August 7, 2019. Assistant United States Attorney Drew O. Inman is handling the prosecution.
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MEDIA ADVISORY: U.S. Department of Justice and State of West Virginia Officials to Hold Press ConferenceRead the Press Release
CHARLESTON, W.Va. – Assistant Attorney General Eric Dreiband, Civil Rights Division, United States Department of Justice, Mike Stuart, United States Attorney for the Southern District of West Virginia, Assistant United States Attorney Helen Altmeyer, Northern District of West Virginia, Governor James C. Justice and Secretary Bill Crouch, West Virginia Department of Health and Human Resources will hold a press conference on Tuesday, May 14, 2019, at 1:00 p.m., to discuss a major agreement reached between the United States Department of Justice and the State of West Virginia.
Where: Robert C. Byrd United States Courthouse - 5th floor (not in the U.S. Attorney’s Office)
300 Virginia Street East
Charleston, WV 25301
When: Tuesday, May 14, 2019 @ 1:00 p.m.
NOTES: Open Press. Camera preset at 12:30 p.m. Final access time for print media is 12:45 p.m. All media must RSVP and present government-issued photo I.D. (such as a driver’s license) as well as valid media credentials. The RSVP and any inquiries regarding logistics should be directed to [email protected]. Please RSVP with the email address of the person(s) attending the event, so that we may reach them directly if details change.
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Charleston Man Pleads Guilty to Federal Drug CrimeRead the Press Release
CHARLESTON, W.VA. – A Charleston man pled guilty to a federal drug crime, announced United States Attorney Mike Stuart. Shanton E. Penn, 27, pled guilty to distributing over 20 grams of methamphetamine. The investigation was conducted by the Metropolitan Drug Enforcement Team (MDENT) and the Kanawha County Sheriff’s Department.
“We’re prosecuting meth dealer after meth dealer,” said United States Attorney Mike Stuart. “We are 100 percent committed to ridding our communities of poison peddlers.”
On August 14, 2018 and August 20, 2018, a confidential informant working for MDENT purchased a quantity of methamphetamine from Penn. Penn admitted that he sold the methamphetamine to the confidential informant for $300 and $375.
Penn faces up to 20 years in prison when he is sentenced on August 8, 2019.
Senior United States District Judge John T. Copenhaver, Jr. presided over the plea hearing. Assistant United States Attorney Chris Arthur is handling the prosecution.
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Nitro Man Pleads Guilty to Gun CrimeRead the Press Release
CHARLESTON, W.Va. – A Nitro, West Virginia, man pled guilty to a federal firearm charge, announced United States Attorney Mike Stuart. On May 8, 2019, Cole Dylan Cooper, 30, pled guilty to possession of a firearm by a felon before United States District Judge Joseph R. Goodwin. Stuart commended the investigation conducted by the South Charleston Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).
At the plea hearing, it was established that on November 11, 2018, police officers were dispatched to Thomas Hospital in South Charleston, West Virginia, where a suspect was attempting to break into vehicles and evading hospital security officers. Officers spotted Cooper in a nearby parking lot. Cooper’s appearance matched the description of the attempted burglary suspect.
An officer asked Cooper if he had fled from Thomas Hospital security officers, and Cooper acknowledged that he had. Cooper further stated that he was carrying a firearm, and officers retrieved a loaded pistol from Cooper’s inner jacket pocket. Cooper was not permitted to possess the firearm as he had previously been convicted of conspiracy to commit first degree robbery, a felony.
Cooper faces up to 10 years in federal prison when he is sentenced on July 31, 2019. Assistant United States Attorney Andrew J. Tessman is handling the prosecution.
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St. Albans Man Sentenced for Theft of Social Security Income BenefitsRead the Press Release
CHARLESTON, W.Va. – Joseph McLaughlin was sentenced to six months of federal incarceration, to be followed by six months of home confinement at a drug rehabilitation shelter in Beckley, West Virginia for the felony offense of fraudulently obtaining Social Security Administration benefits, announced United States Attorney Mike Stuart. McLaughlin, 38, of St. Albans, West Virginia will also be required to serve an additional three years on supervised release. He was further ordered by the Court to pay restitution to the United States Treasury in the amount of $121,436. The investigation was conducted by the Social Security Administration’s Office of the Inspector General (OIG) and the Social Security Administration.
“For years McLaughlin continued to receive federal benefits to which he was not entitled,” said United States Attorney Mike Stuart. “Social Security fraud is rampant in West Virginia and we are doing everything we can to hold fraudsters accountable.”
McLaughlin applied for Title II Social Security Administration (SSA) benefits in 2007 for the care of a child as the child’s representative payee. These Social Security representative payee benefits are based on income and living arrangements and create a duty on the recipient to report a change in living arrangements. There is also a requirement that the SSA money received actually be used for the well-being of the child. McLaughlin indicated that the child resided with him and he used the SSA benefits for the child’s care. In fact, McLaughlin’s child had moved out in 2011 and was no longer residing with him. The absence of the child would have ended the amount of money he was receiving every month from the Social Security Administration as the child’s representative payee. From April 2011 through February 2017, McLaughlin received at least $121,436 in Social Security benefits in excess of the amount he was due and that were not spent on the child. On August 15, 2017, McLaughlin gave a detailed statement to federal investigators with the OIG. McLaughlin admitted that he was receiving money that he was not entitled to receive and that the child had moved out of the home in 2011.
Assistant United States Attorney Erik S. Goes handled the prosecution. United States District Judge John T. Copenhaver Jr. presided over the hearing.
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Federal Judge Convicts Mason County Man of Carjacking and Firearms OffenseRead the Press Release
HUNTINGTON, W.Va. – A Mason County man who threatened two employees of the Putnam Public Service District with a machinegun and stole their company truck last year in Teays Valley was convicted today after a one-day bench trial of multiple federal offenses. Justin Michael Wilson, 20, was convicted of carjacking and using, carrying, and brandishing a machinegun during and in relation to a crime of violence. Wilson also previously pled guilty prior to trial to unlawful possession of a machinegun and possession of an unregistered machinegun. Stuart commended the investigative efforts of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and multiple agencies who responded to the crimes including the Mason County Sheriff’s Department, the Jackson County Sheriff’s Department, the Kanawha County Sheriff’s Department, the Putnam County Sheriff’s Department, the Hurricane Police Department, and the West Virginia State Police.
“There’s no place for carjackers in West Virginia. That’s why Wilson is facing a mandatory 30 years in prison with no parole in the federal system,” said United States Attorney Mike Stuart. “Wilson’s violent, criminal acts put many lives in danger. I want to thank the law enforcement officers who acted heroically to bring Wilson into custody and Assistant United States Attorneys Joe Adams and Stephanie Taylor for their excellent work in this case.”
On January 11, 2018, Wilson drove a vehicle he had stolen earlier in the day in Jackson County to the Liberty Square Shopping Plaza in Teays Valley. While in route to the shopping plaza, Wilson acquired a machinegun and engaged deputies in Kanawha County in a chase, eventually driving off-road and jumping his vehicle over railroad tracks to get away. When he arrived at the shopping plaza, Wilson approached two employees of the Putnam Public Service District eating lunch in their company truck. Wilson brandished the machinegun, demanded the men transfer items from the stolen vehicle to the PSD truck, and stole the truck.
A West Virginia State Police Trooper and Deputies with the Putnam County Sheriff’s Department responding to calls at the shopping plaza for assistance immediately saw Wilson fleeing in the truck. Wilson then entered Interstate 64 headed westbound and led the responding units on another high speed chase. During the pursuit, Wilson pointed the machinegun out of the truck at the Trooper, ran vehicles off the road, crossed the median at a designated emergency vehicle crossing, traveled westbound in the eastbound lanes, exited the interstate by traveling the wrong way up the entrance ramp at Hurricane, and eventually crashed the truck which was destroyed by fire. Wilson was pulled from the burning truck by the Trooper and placed under arrest.
Wilson will be sentenced on August 12, 2019, and faces sentences of up to 15 years in federal prison for the carjacking conviction and up to 10 years in federal prison each for illegally possessing a machinegun and possessing an unregistered machinegun. Wilson also faces a mandatory 30 year sentence for using, carrying, and brandishing a machinegun during and in relation to the carjacking.
Assistant United States Attorneys Joseph F. Adams and Stephanie S. Taylor handled the prosecution. United States District Judge Robert C. Chambers presided over the trial.
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United States Attorney Announces $17 Million Healthcare Fraud SettlementRead the Press Release
LARGEST HEALTHCARE FRAUD SETTLEMENT IN WEST VIRGINIA HISTORY
CHARLESTON, W.Va. – United States Attorney Mike Stuart, along with Special Agent in Charge Maureen R. Dixon, United States Department of Health and Human Services – Office of Inspector General (HHS-OIG), Acting Assistant Special Agent in Charge Justin Schoeman, Drug Enforcement Administration (DEA), Cabinet Secretary Bill J. Crouch, West Virginia Department of Health and Human Resources, and Director Mike Malone, West Virginia Medicaid Fraud Control Unit (MFCU), announced that his office has settled healthcare fraud claims against Acadia Healthcare Company, Inc. (“Acadia”). Pursuant to the settlement agreement, Acadia will pay $17 million to resolve allegations of a billing scheme that defrauded Medicaid of $8.5 million. The settlement represents the largest healthcare fraud settlement in the history of West Virginia and is twice the actual loss from the scheme. Of the $17 million settlement, nearly $2.2 million will be paid directly to the State of West Virginia.
“$17 million – the largest healthcare fraud settlement in the history of West Virginia,” said United States Attorney Mike Stuart. “$8.5 million in Medicaid fraud means $8.5 million in fraud to the taxpayers. Nearly 600,000 West Virginians rely on Medicaid for the payment of critical services. Medicaid fraud is not a victimless crime. I am proud of the work of my office and that of our partners to ensure the end of this multi-million dollar scheme. In this case, every dime in false billings was doubled for a total settlement that represents twice the harm caused. This is a strong message and a massive penalty. The message is clear – if you are cheating the system and we find you, you’ll not only pay for the damage done but far more. This is a message of deterrence to other would-be fraudsters.”
Acadia, acting through its subsidiary, CRC Health, L.L.C. (“CRC”), operates seven drug treatment centers in West Virginia. These treatment centers are located in Charleston, Huntington, Parkersburg, Beckley, Williamson, Clarksburg, and Wheeling. The West Virginia Centers provide outpatient drug treatment, including the administration of Methadone and the prescribing of Suboxone and Subutex. Each of Acadia’s West Virginia treatment centers is certified by the Centers for Medicare and Medicaid Services (“CMS”) to perform uncomplicated “waived” laboratory testing only. Waived laboratory tests are simple tests with a low risk for an incorrect result. “Non-waived” laboratory testing, in contrast, consists of moderate and high complexity testing. Laboratories that perform non-waived tests are required to have a significantly higher level of certification than the certifications held by the Acadia treatment centers.
From January 1, 2012 to July 31, 2018, Acadia’s treatment centers sent urine and blood samples to an outside laboratory, San Diego Reference Laboratory (the “San Diego Lab”) for all moderate and high complexity drug testing. The San Diego Lab performed the testing and invoiced Acadia’s treatment centers for the services, and did so at the request of the treatment centers. Acadia’s treatment centers paid the San Diego Lab directly. However, Acadia’s West Virginia treatment centers then billed West Virginia Medicaid for the urine and blood testing performed by the San Diego Lab, as though the testing had been performed by the treatment centers. In the claims for reimbursement submitted to Medicaid, Acadia’s treatment centers represented that they had performed the moderate and/or high complexity laboratory services. Medicaid, induced by the claims submitted by Acadia’s treatment centers, paid the treatment centers a substantially higher amount than the San Diego Lab charged to actually perform the testing. Medicaid regulations and policies specifically prohibited Acadia’s treatment centers from seeking reimbursement for moderate and complex urine and blood testing which they were not certified to perform, and did not, in fact, perform.
Medicaid paid Acadia’s treatment centers $8,500,000 as a result of these moderate and complex urine and blood testing claims, resulting in a loss of $2,181,100 to the State of West Virginia and $6,318,900 to the United States. The Medicaid program is primarily administered by the states, but jointly financed by federal and state funds – funds ultimately originating from taxpayers. As a result of the $17 million settlement, which represents twice the actual loss suffered by Medicaid, both the state and federal programs will be made whole.
As part of this settlement, CRC Health and Acadia Healthcare entered into a five-year corporate integrity agreement (CIA) with HHS-OIG. The CIA requires CRC and Acadia to maintain a compliance program, implement a risk assessment program, and hire an Independent Review Organization to review Medicaid claims.
Medicaid fraud cost states billions of dollars every year, diverting funds that could otherwise be used for legitimate health care services. In 2018, improper payments alone—which include things like payment for non-covered services or for services that were billed but not provided—totaled more than $40 billion nationally according to the Government Accountability Office.
“Fraudulent billing by these Acadia/CRC drug treatment clinics, as contended by the government, limits the State’s ability to provide desperately needed addiction treatment services,” said Maureen R. Dixon, Special Agent in Charge of the Office of Inspector General of the U.S. Department of Health and Human Services Region including West Virginia. “We will continue working with the U.S. Attorney and other law enforcement partners to protect government health programs, taxpayers, and importantly people who depend on these funds for vitally needed treatment.”
“The West Virginia Department of Health and Human Resources, through its Medicaid Fraud Control Unit, continues to protect the integrity of healthcare programs and the citizens of West Virginia,” said Bill J. Crouch, Cabinet Secretary of the West Virginia Department of Health and Human Resources. “I am proud of DHHR’s Medicaid Fraud Control Unit under the leadership of Director Michael Malone and its work with the United States Attorney’s Office Southern District in combatting healthcare fraud and the opioid crisis and as a member of the innovative ARREST Task Force.”
“The Drug Enforcement Administration routinely works in partnership with other agencies to fight the opioid crisis,” said Justin Schoeman, Acting Assistant Special Agent in-Charge of DEA’s Charleston District Office, which covers West Virginia. “This settlement is just one example of the great results from our collaboration and hopefully it will have a positive effect on the people of West Virginia,” Schoeman added.
The investigation was conducted by HHS-OIG, DEA and MFCU, 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. Assistant United States Attorneys Alan McGonigal and Jennifer Mankins handled the matter on behalf of the United States. The settlement agreement can be found here: https://www.justice.gov/usao-sdwv/press-release/file/1160101/dl?inline=.
United States Attorney Mike Stuart announced the formation of ARREST in February 2019. This settlement is the first significant result since its inception. 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 Task Force, Medicare and Medicaid Fraud, and Asset Forfeiture efforts related to all healthcare matters.
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Two Defendants Sentenced in Federal Court for Drug OffensesRead the Press Release
HUNTINGTON, W.Va. – Two defendants involved in drug offenses last year in Huntington were sentenced today in federal court, announced United States Attorney Mike Stuart. Marquan Charles Williams, 27, was sentenced to 67 months in federal prison after previously pleading guilty to possession with intent to distribute heroin. In a separate prosecution, Krista N. Ramey, 25, was sentenced to 24 months in federal prison after previously pleading guilty to distributing methamphetamine. Stuart commended the investigative efforts of the FBI Drug Task Force, the Cabell County Sheriff’s Department and the Huntington Police Department.
“If you are a drug dealer -- regardless of whether it’s fentanyl, heroin, methamphetamine, or any other illegal drug -- and we find you, we will prosecute you and put you behind bars for as long as possible,” said United States Attorney Mike Stuart.
In the Williams prosecution, officers with the Huntington Police Department were conducting surveillance at the Greyhound bus station in Huntington on May 23, 2018, when they observed Williams and another individual arrive on a bus from Detroit. Officers continued to conduct surveillance and observed Williams and the other individual enter a residence on West 7th Avenue in Huntington. The other individual was then seen leaving the residence and entering a vehicle which was stopped by officers. During the traffic stop, officers recovered a bag containing over 100 grams of fentanyl.
Officers subsequently executed a search warrant at the West 7th Avenue residence. When officers entered, they located Williams in the kitchen processing and bagging an additional quantity of fentanyl which Williams admitted that he intended to sell. Williams further admitted as part of his plea agreement that he directed the other individual to take the fentanyl seized during the traffic stop to a local motel to store it for later distribution.
In the Ramey prosecution, a confidential informant contacted Ramey on August 17, 2018, to arrange the purchase of methamphetamine. The informant then traveled to Ramey’s residence on South High Street in Huntington where Ramey distributed methamphetamine to the informant. As part of her plea, Ramey admitted that she also distributed methamphetamine to the informant on August 20, 2018, and that investigators seized four firearms during a search of her residence on August 23, 2018.
Assistant United States Attorney Joseph F. Adams handled the prosecutions. The sentences were imposed by United States District Judge Robert C. Chambers.
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Cabell County Woman Pleads Guilty to Theft of Social Security Income BenefitsRead the Press Release
Defendant fraudulently obtained over $44,000
HUNTINGTON, W.Va. – A Huntington woman entered a guilty plea to the felony offense of fraudulently obtaining Social Security Income benefits, announced United States Attorney Mike Stuart. Linda Crabtree, 54, faces up to 5 years of incarceration when she is scheduled to be sentenced on August 12, 2019. She will also be required to pay restitution back to the United States Treasury. United States Attorney Mike Stuart praised the work of the United States Social Security Administration-Office of Inspector General.
“Theft of government program dollars will not be tolerated,” said United States Attorney Mike Stuart. “Many West Virginians depend on these critical benefits. We all suffer when fraudsters like Crabtree take money to which they aren’t entitled.”
Crabtree applied for Title XVI Social Security benefits in 2004. These Social Security benefits are based on income and living arrangements, and create a duty on the recipient to report a change in income or living arrangements. In 2004, Crabtree indicated that she was married, but claimed she was not residing with her spouse. In fact, Crabtree was residing with her spouse and they had been married and living together since 2004. Their combined income would have lowered the amount of money she was receiving every month from the Social Security Administration. From December 2004 through December 2017, Crabtree received $24,735 in Social Security benefits in excess of the amount she was due.
Crabtree also received additional money she was not entitled to receive as the representative payee on behalf of her daughter. This resulted in overpayments to Crabtree as a representative payee in the amount of $19,502. In total, Crabtree obtained $44,237 in benefits she was not entitled to receive. On November 6, 2017, Crabtree gave a detailed statement to federal investigators with the Office of Inspector General admitting that she was living with her spouse the entire time and knew that she was receiving money that she was not entitled to receive.
Assistant United States Attorney Erik S. Goes handled the prosecution. United States District Judge Robert C. Chambers presided over the hearing.
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Akron Man Pleads Guilty to Federal Drug Crime - Defendant Intended to Distribute over 196 Grams of Powerful CarfentanilRead the Press Release
Defendant Intended to Distribute Over 196 Grams of Powerful Carfentanil
HUNTINGTON, W.Va. – An Ohio man pled guilty today to a federal drug trafficking crime, announced U. S. Attorney Mike Stuart. Martel Trayvelle Easton, 21, of Akron, pled guilty to possessing with intent to distribute over 196 grams of carfentanil. Carfentanil is a form of fentanyl but 100 times more powerful, and 10,000 times more powerful than morphine. It is used as an elephant tranquilizer, and is commonly mixed with heroin and known on the street as “pink heroin.”
“100 times more powerful than fentanyl. 10,000 times more powerful than morphine. An elephant tranquilizer,” said United States Attorney Mike Stuart. “If law enforcement had not intervened before these drugs hit the streets of Huntington, many West Virginians would have lost their lives. I so much appreciate law enforcement’s tireless fight against evil. They put their own lives in peril every day in an effort to save the lives of the citizens of our great state.”
On February 7, 2018, the Huntington Violent Crime and Drug Task Force, along with member of the Huntington Police Department, served a search warrant at 1217 10th Avenue in Huntington after seeing drug traffic from that apartment, which was being used a storage house for drugs. Easton was in the apartment when law enforcement entered and ran out the back door while throwing cash. After a brief struggle, Easton was subdued and arrested. Law enforcement also seized approximately 8 grams of methamphetamine during the search.
Easton faces a minimum of 10 years and up to life imprisonment when he is sentenced on August 12, 2019. United States District Judge Robert C. Chambers presided over the plea hearing. Assistant United States Attorney Greg McVey is handling the prosecution.
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MEDIA ADVISORY: United States Attorney Mike Stuart and Law Enforcement Officials to Hold Press ConferenceRead the Press Release
CHARLESTON, W.Va. – United States Attorney Mike Stuart, along with federal and state law enforcement officials, will hold a press conference on Monday, May 6, 2019, at 9:30a.m., to discuss a significant civil settlement.
Where: United States Attorney’s Office, SDWV
300 Virginia Street East, Room 4000
Charleston, WV
When: Monday, May 6, 2019 @ 9:30am
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Federal Jury Finds Beckley Man Guilty of Gun CrimeRead the Press Release
BECKLEY, W.Va. – A federal jury returned a guilty verdict in the trial of a Beckley man for being a felon in possession of a firearm, announced United States Attorney Mike Stuart. John Henry Swain, 44, was convicted following a one-day jury trial.
“I am a firm supporter of the Second Amendment,” said United States Attorney Mike Stuart. “But Swain is prohibited from possessing firearms because of his previous felony conviction. Enforcing federal gun laws is critically important to public safety because it keeps guns out of the wrong hands. I want to thank ATF and my Assistant United States Attorneys, Ryan Saunders and Steve Loew, for their work in this case.”
Witnesses for the United States testified that on September 20, 2018, Swain, along with two other individuals, was being investigated for public intoxication and open container in downtown Beckley. Swain was the only one who was non-compliant. He continuously put his hands in his pocket and waistband area. Swain then fled on foot and maneuvered his hands towards his waist during the foot pursuit. He was apprehended and a canine tracked a 9mm Taurus pistol along the path of flight. After Swain’s arrest, law enforcement read him his Miranda rights and in a recorded interview, Swain admitted to possessing the firearm and that he wanted to get a clip and shoot it to see what it sounded like. Swain was prohibited from possessing any firearm under federal law because of a 2008 federal conviction in the Southern District of West Virginia for being a felon in possession of a firearm.
Swain faces up to 10 years in federal prison when he is sentenced in August 22, 2019. Swain will remain in custody pending his sentencing.
The Beckley Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) conducted the investigation. Assistant United States Attorneys Ryan A. Saunders and Steven I. Loew are in charge of the prosecution and tried the case before a federal jury. United States District Judge Irene C. Berger presided over the trial.
Project Safe Neighborhoods (PSN) is the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
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Statement of United States Attorney Mike Stuart Regarding Federal Investigation into 2016 Floods Disaster ReliefRead the Press Release
CHARLESTON, W.Va. – United States Attorney Mike Stuart provided the following statement regarding a federal investigation into the 2016 floods disaster relief:
“The deadly 2016 floods were a seminal event for West Virginia. Too many of our precious citizens lost their lives. Many other lives were terribly impacted. Critical infrastructure including roads, bridges, and water systems were destroyed or significantly interrupted. And too many West Virginians lost their most critical personal asset – their homes. Many lives were literally turned upside down. To this day, the future remains uncertain for too many of our friends and neighbors.
Post-disaster, the federal government committed millions of taxpayer dollars to disaster relief for recovery with the intent that the assistance would help rebuild lives and rebuild communities. Critical federal resources through FEMA and the Department of Housing and Urban Development are essential to the rebuilding process and must be used wisely, timely and legally.
Every available dollar for disaster relief must be spent on disaster relief. Diversion, fraud, corruption or delay cannot and will not be tolerated.
Desperate communities and West Virginians depend on critical, limited dollars to assist in recovery. Desperate communities and West Virginians need certainty that in a future disaster intended assistance will be delivered timely and spent properly. West Virginians need to be reassured that federal law enforcement is now investigating this matter. Rest assured, my office is working with appropriate federal agencies to investigate the issues of disaster relief, and use of federal funds related to the historic 2016 floods and I can assure our citizens that any party that abused their position of authority, violated the public trust, or misused taxpayer dollars will be held accountable, if warranted.”
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Mercer County Felon Sentenced to Prison for Federal Gun CrimeRead the Press Release
HUNTINGTON, W.Va. – A Mercer County, West Virginia, felon who possessed a firearm in May 2018, was sentenced today to 37 months in prison, announced United States Attorney Mike Stuart.
Kelvin Maurice Freeman, 29, previously admitted that on May 31, 2018, he possessed a firearm while he was traveling on Interstate 64 in Cabell County, West Virginia. Freeman was prohibited from possessing any firearm under federal law because he was convicted in April 2018 for Child Endangerment in Tazewell County, Virginia.
The West Virginia State Police conducted the investigation. United States District Judge Robert C. Chambers imposed the sentence. Assistant United States Attorney Stephanie S. Taylor prosecuted the case.
Project Safe Neighborhoods (PSN) is the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
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Former West Virginia Jail Internal Affairs Officers Charged with Civil Rights OffenseRead the Press Release
Austin Garland Burke, 64, and Timmy Allen Kemper, 58, were indicted today for the use of unlawful force on a pretrial detainee at the Western Regional Jail in Barboursville, West Virginia, while they were acting as internal affairs officers with the West Virginia Regional Jail and Correctional Facility Authority, announced Assistant Attorney General Eric Dreiband of the Department of Justice’s Civil Rights Division, U.S. Attorney for the Southern District of West Virginia Michael B. Stuart, and FBI Pittsburgh Division Special Agent in Charge Robert A. Jones.
Burke and Kemper are charged with one count of deprivation of rights under color of law. According to the indictment, on Feb. 27, 2015, Burke and Kemper were responsible for the use of unlawful force against the detainee, who was injured when a flashbang grenade and a stinger grenade were deployed in his cell and he was then hogtied and transported in a K-9 vehicle to another correctional facility. The indictment also alleges that the defendants’ acts involved the use of a dangerous weapon and resulted in bodily injury to the detainee.
The count carries a maximum penalty of 10 years of imprisonment. An indictment is merely an accusation and the defendant is presumed innocent unless proven guilty.
This case was investigated by the FBI Pittsburgh Division, Huntington, West Virginia Resident Agency. It is being prosecuted by Trial Attorneys Olimpia E. Michel and Kathryn E. Gilbert of the Department of Justice’s Civil Rights Division and Assistant United States Attorney Rachel Kincaid for the Southern District of West Virginia.
Boone County Man Sentenced to Prison for Meth DistributionRead the Press Release
CHARLESTON, W.Va. – A Boone County man who trafficked methamphetamine was sentenced to six years in federal prison, announced United States Attorney Mike Stuart. Stuart commended the investigation conducted by the Boone County Sheriff’s Office, the West Virginia State Police, the U.S. 119 Drug and Violent Crime Task Force, and the Drug Enforcement Administration.
“Meth is being trafficked in every county in the District,” said United States Attorney Mike Stuart. “We’re working hard with our federal, state and local law enforcement partners to identify meth dealers and hold them accountable.”
Shaine Ray Dingess, 41, previously pled guilty to distribution of methamphetamine. As established by public court filings and hearings, on December 12, 2017, Dingess distributed $50 worth of methamphetamine to a confidential police informant at Dingess’ residence in Nellis, West Virginia, where Dingess’ co-defendant, Bruce Lee Boardman, was present. Boardman supplied Dingess with the methamphetamine and brandished a firearm during the drug transaction. On January 10, 2018, Dingess gave a small amount of marijuana to a confidential police informant. On February 6, 2018, Dingess again sold $50 worth of ice methamphetamine to a confidential police informant. Finally, on April 11, 2018, police investigators spotted Dingess while he was walking in Nellis. When asked if he was carrying any drugs, Dingess turned over five small packages of ice methamphetamine.
Senior United States District Judge John T. Copenhaver, Jr. imposed the sentence. The case was prosecuted by Assistant United States Attorneys R. Gregory McVey and Drew O. Inman.
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Ohio Man Sentenced to Eight Years in Prison for Drug and Gun CrimesRead the Press Release
HUNTINGTON, W.Va. -- An Ironton, Ohio man who possessed drugs and guns in Huntington was sentenced to eight years in prison, announced United States Attorney Mike Stuart. Stuart commended the investigation conducted by the Bureau of Alcohol, Firearms, and Explosives (ATF) and the Huntington Police Department.
“Eight years in prison for yet another drug dealer with a gun,” said United States Attorney Mike Stuart. “We are prosecuting record and historic numbers of drug and gun defendants to keep our children, our families and our communities safe.”
Bryan Patrick, 30, previously pled guilty to knowingly and intentionally possessing methamphetamine with intent to distribute and using and carrying firearms during and in relation to a drug trafficking crime. On September 26, 2018, officers with the Huntington Police Department responded to the Spring Hill Cemetery in Huntington and found Patrick slumped over in the driver’s seat of his vehicle. Patrick admitted to officers that he had used heroin earlier in the day and passed out. Officers recovered two loaded firearms between the driver’s seat and the center console in the vehicle. One firearm was a Walther PP22 semi-automatic pistol, which was fully loaded with a round in the chamber, and the other was a Kel-Tec 9mm semi-automatic pistol. In his pocket, Patrick had one package of methamphetamine that weighed approximately 8.22 grams and another package of methamphetamine that weighed 56.76 grams. Patrick also had digital scales in his vehicle. Patrick admitted that he intended to distribute the methamphetamine and that he carried the firearms for his protection.
Assistant United States Attorney Monica D. Coleman handled the prosecution. United States District Court Judge Robert C. Chambers imposed the sentence.
Project Safe Neighborhoods (PSN) is the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
SDWVNews and USAttyStuart
Huntington Woman Pleads Guilty to Federal Heroin ChargeRead the Press Release
HUNTINGTON, W.Va. – A Huntington woman caught selling heroin last year in Huntington pled guilty today to a federal drug charge, announced United States Attorney Mike Stuart. Tonya Lynn Thompson, 36, entered a guilty plea to distributing heroin in federal court in Huntington. Stuart commended the investigative efforts of the FBI Drug Task Force and the Cabell County Sheriff’s Department.
“Deadly and powerful fentanyl, heroin and methamphetamine,” said United States Attorney Mike Stuart. “Too many drug dealers like Thompson have peddled their poisons in Huntington. We’re doing our best to hold drug dealers accountable.”
On July 11, 2018, an informant working at the direction of the Sheriff’s Department went to Thompson’s residence located at 831 15th Street in Huntington to purchase heroin. Insider 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 purchase of storing and selling drugs.
Thompson faces up to 20 years in federal prison when she is sentenced on August 5, 2019.
Assistant United States Attorney Joseph F. Adams is handling the prosecution. The plea hearing was held before United States District Judge Robert C. Chambers.
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Huntington Man Sentenced for Federal Drug ChargeRead the Press Release
HUNTINGTON, W.Va. – A Huntington man was sentenced today to 10 months in prison, announced United States Attorney Mike Stuart. Henry Davis, also known as “Hen”, 36, previously pled guilty to distributing heroin.
Davis admitted that on September 29, 2015 he distributed heroin to a confidential informant in Huntington.
“Thanks to the excellent work of the Huntington Police Department, another heroin dealer is off the streets and headed to a federal pen,” said United States Attorney Mike Stuart. “Selling heroin is not a good career option.”
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.
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Huntington Man Pleads Guilty to Federal Drug ChargeRead the Press Release
HUNTINGTON, W.Va. – A Huntington man pled guilty today to a federal drug charge, announced United States Attorney Mike Stuart. Samuel Crawford, 40, entered a guilty plea to an indictment charging him with possession with intent to distribute cocaine base or “crack.”
“Crack is not a thing of the past,” said United States Attorney Mike Stuart. “Crack was an epidemic and today it’s even more powerful and more deadly. Selling crack to make money, it’s a story repeated to often on the streets of Huntington.”
On December 4, 2016, officers with the Huntington Police Department conducted a search warrant at Crawford’s residence at 204 West 6th Avenue in Huntington. Officers seized approximately 12 grams of crack cocaine. Crawford admitted he intended to sell the cocaine for money.
Crawford faces up to twenty years in federal prison when he is sentenced on August 5, 2019.
The plea hearing was held before United States District Judge Robert C. Chambers. Assistant United States Attorney Stephanie S. Taylor handled the prosecution.
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Felon Pleads Guilty to Possessing a FirearmRead the Press Release
HUNTINGTON, W.Va. - A Huntington man, Juan Isom, 55, pled guilty today to being a felon in possession of a firearm, announced United States Attorney Mike Stuart.
On July 13, 2018, Troopers with the West Virginia State Police Violent Crime and Drug Task Force West executed a search warrant at the residence of Isom. Troopers located a Taurus .38 caliber revolver on the shelf of Isom’s nightstand. Isom was prohibited from possessing a firearm under federal law because of a 2006 felony drug conviction in Gaston County, North Carolina.
Isom faces up to 10 years in prison when he is sentenced on August 5, 2019.
The Violent Crime and Drug Task Force West conducted the investigation. United States District Judge Robert C. Chambers presided over the plea hearing. Assistant United States Attorney Stephanie S. Taylor handled the prosecution.
Project Safe Neighborhoods (PSN) is the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
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Detroit Man Sentenced for Distribution of FentanylRead the Press Release
A Detroit, Michigan, man was sentenced for knowingly and intentionally distributing fentanyl in Huntington, announced United States Attorney Mike Stuart. Joshua McCarver, 20, was sentenced to 18 months in prison by United States District Judge Robert C. Chambers. Stuart commended the investigation conducted by the Huntington Police Department.
“No connections to West Virginia except selling drugs. That’s all this guy did in West Virginia. We will continue to prosecute every fentanyl case and fight back against out-of-state drug dealers like McCarver,” said United States Attorney Mike Stuart. “Drug dealers from places like Detroit, Columbus and elsewhere have brought death and despair to the hills of West Virginia.”
Joshua McCarver, 20, previously pled guilty to knowingly and intentionally distributing fentanyl. On February 19, 2018, officers with the Huntington Police Department’s Special Emphasis Unit utilized a confidential informant to arrange a controlled buy of heroin from McCarver. McCarver arrived at the buy location in the West End of Huntington and provided the confidential informant with a substance he represented to be heroin in exchange for $70. Testing by the West Virginia State Police Lab confirmed the substance to actually be fentanyl. Officers conducted another buy from McCarver in January 2018 that also involved fentanyl. Historical information gathered by the Special Emphasis Unit revealed that McCarver had been dealing heroin in the Huntington area for at least six months prior to the January 2018 controlled buy.
While imposing the sentence, the Court noted that McCarver had no connections to West Virginia and came to the Huntington area just to sell drugs and make money. Thus, he was the type of drug dealer from a big city like Detroit, Michigan and Columbus, Ohio, that this community had come to fear.
The case was prosecuted by Assistant United States Attorney Monica D. Coleman.
This case was prosecuted as part of Operation Synthetic Opioid Surge (S.O.S.), an enforcement surge that seeks to reduce the supply of deadly synthetic opioids in high impact areas.
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Boone County Women Sentenced to Prison for Drug CrimesRead the Press Release
CHARLESTON, W.Va. – Two Boone County women were sentenced today for federal drug crimes, announced United States Attorney Mike Stuart. Megan Rose Mitchell, age 38, was sentenced to 34 months in prison for conspiracy to distribute methamphetamine and distribution of methamphetamine. Mitchell’s sister-in-law, Marlena Sperry, was sentenced to 12 months and one day in prison for conspiracy to distribute methamphetamine and aiding and abetting the distribution of methamphetamine.
“Sisters-in-law and partners in crime,” said United States Attorney Mike Stuart. “Boone County needs new businesses and entrepreneurs, but none like this sister act. Meth is more powerful today than ever before and we’re working overtime to lock up meth dealers whether they are sisters-in-law or sisters in fact.”
Between July of 2016 until August of 2017, Mitchell sold methamphetamine to customers in Boone County, West Virginia. Mitchell and co-defendant, Marlena Sperry, would travel together, usually to Charleston, to meet their source of supply, Avante Jones. Jones sold them various amounts of methamphetamine for resale. Mitchell and Sperry would then return to Boone County and sell what they had purchased from Jones. On occasion, when a customer would arrange a purchase from Mitchell, Sperry would actually distribute the methamphetamine. On other occasions, an uncharged third party actually distributed the methamphetamine for Mitchell.
Mitchell and Sperry also brought other customers to Jones. In exchange for bringing customers, Jones sold the pair methamphetamine at a reduced rate. Mitchell and Sperry communicated with Jones primarily through Facebook Messenger. Investigating agents obtained Facebook Messenger posts of Mitchell, Sperry and Jones. Those posts discuss meetings to conduct drug transactions with themselves as well as for others.
Agents with the Drug Enforcement Administration, the U.S. 119 Drug and Violent Crime Task Force, and the Boone County Sheriff’s Department investigated the case. Assistant United States Attorney R. Gregory McVey handled the prosecution. The hearings were held before United States District Court Judge Joseph R. Goodwin.
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Charleston Man Pleads Guilty to Federal Drug and Gun CrimesRead the Press Release
Faces up to 30 years incarceration for gun and drug possession at local casino
CHARLESTON, W.Va.—A Charleston man pled guilty to federal drug and gun charges, announced United States Attorney Mike Stuart. Michael A. Parker, 37, pled guilty to possession with the intent to distribute cocaine, and to being a felon in possession of a firearm. He is scheduled to be sentenced on August 8, 2019 and faces up to 30 years in prison. Parker also agreed to forfeit the firearm and $14,225.87 cash that was recovered from the scene. Stuart commended the investigation by the Nitro Police Department, assisted by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), the Metropolitan Drug Enforcement Network Team (MDENT), the West Virginia State Police Forensic Laboratory and Mardi Gras Casino Security.
“Cocaine, a firearm, lots of cash and running from police,” said United States Attorney Mike Stuart. “Parker evidently didn’t learn anything from his previous federal drug conviction and needs to go back and try again.”
Parker admitted that on July 28, 2018 at 5:00a.m., he had driven to the Mardi Gras Casino in Nitro, West Virginia. He double-parked the car he was driving and went into the casino. Casino security noticed the double-parked car and also saw a gun on the floorboard of the car. Casino security contacted the Nitro Police to get their assistance in asking Parker to move his car. Parker initially agreed to move the car and offered to meet the police outside. Instead, Parker walked out a different door of the casino, fled into the woods near the casino, and hid. Casino security workers monitored Parker’s flight with security cameras and relayed this information to the Nitro Police. Parker was quickly located and eventually agreed to return to his car. Once there, Parker agreed to unlock his car and the police recovered the gun. While securing the firearm, the Nitro Police officer immediately noticed a quantity of cocaine and a large stack of cash in the car. Once this evidence was removed from the car, Parker fled a second time into the woods. He was eventually apprehended with the assistance of a K9 unit. Police recovered a large bag of cocaine, 5 smaller bags of cocaine, a bag of marijuana, $14,225.87 cash and a Smith and Wesson .380 caliber pistol with 11 rounds of ammunition and an extended magazine. Parker is a prior convicted felon, having a 2004 federal conviction of distribution of cocaine base and possession with the intent to deliver cocaine. Parker has not been pardoned or otherwise had his right to own a firearm restored. The ATF traced the firearm and concluded it had traveled in interstate commerce. The West Virginia State Police Forensic Laboratory tested the recovered drugs and confirmed that they were cocaine and marijuana, both controlled substances.
Assistant United States Attorneys Erik S. Goes and Kristin Scott are handling the prosecution. Senior United States District Judge John T. Copenhaver, Jr. presided over the plea hearing.
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South Charleston Woman Convicted of Trafficking Pure MethamphetamineRead the Press Release
CHARLESTON, W.Va. – A South Charleston woman pled guilty to a federal drug trafficking crime, announced United States Attorney Mike Stuart. Mary Haynes, 27, pled guilty to distribution of methamphetamine before United States District Judge Irene C. Berger. Haynes and her codefendant, Jason Haddox, were prominent ice methamphetamine traffickers, distributing at least 20 ounces of methamphetamine per month throughout the Kanawha Valley. Stuart commended the investigation conducted by the Metropolitan Drug Enforcement Network Team (MDENT), the Nitro Police Department, the Lincoln County Sheriff’s Department, and the South Charleston Police Department.
“Powerful, powerful meth. So many young lives are being ruined by involvement in the drug trade,” said United States Attorney Mike Stuart. “My office and our law enforcement partners are relentless in our work to protect West Virginia families by removing any and all drug dealers from our streets.”
On April 4, 2017, police investigators used a confidential informant to make a video-recorded purchase of a quarter ounce of pure methamphetamine from Haynes in South Charleston. Haddox supplied Haynes with the methamphetamine. On April 7, 2017, investigators executed a search warrant on the house Haynes and Haddox shared in South Charleston. The investigators found around two ounces of pure methamphetamine, drug paraphernalia, and thousands of dollars of drug trafficking proceeds throughout the house.
Haynes will be sentenced on August 14, 2019. She faces a mandatory minimum of ten years in prison and up to life imprisonment. Haddox was previously sentenced to 14 years’ imprisonment for his involvement. Assistant United States Attorney Drew O. Inman is handling the prosecution.
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Dunbar Man Pleads Guilty to Gun ChargeRead the Press Release
CHARLESTON, W.Va. – A Dunbar man pled guilty to being a felon in possession of firearms, announced United States Attorney Mike Stuart. Kenneth Stover, 43, entered his guilty plea before United States District Judge Joseph R. Goodwin. Stuart commended the investigative efforts of the Metropolitan Drug Enforcement Network Team (MDENT) and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).
On August 31, 2017 detectives from MDENT searched Stover’s 18th Street residence in Dunbar as a result of citizen complaints of drug activity where they recovered two firearms from Stover’s bedroom. Stover was prohibited from possessing the firearms as a result of having been convicted of conspiracy to operate a clandestine drug laboratory in Putnam County in 2004.
Stover faces up to 10 years in federal prison when he is sentenced on July 24, 2019. Assistant United States Attorney Joshua C. Hanks is responsible for the prosecution.
Project Safe Neighborhoods (PSN) is the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
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Charleston Woman Sentenced to Prison for Drug CrimeRead the Press Release
CHARLESTON, W.Va. – United States Attorney Mike Stuart announced that Theresa Jurae-Lekole Woodson, 31, of Charleston, was sentenced to 24 months in prison for possession with intent to distribute heroin and cocaine. Stuart commended the efforts of the Metropolitan Drug Enforcement Network Team (MDENT).
“Distribution of heroin and cocaine. Selling it for money. Tragic,” said United States Attorney Mike Stuart. “Woodson was peddling multiple illicit drugs in Charleston. As a result of MDENT’s good work, she will now spend some time in federal prison for her criminal activity.”
Woodson pled guilty in December 2018, admitting that she intended to distribute heroin, cocaine, and crack in March 2018. MDENT detectives used an informant to purchase cocaine and heroin from Woodson in late February and early March 2018. On March 12, 2018, MDENT executed a search warrant at her Woodward Drive residence in Charleston where they recovered 17 grams of crack, 27 grams of heroin, and a small amount of cocaine powder along with a firearm.
Senior United States District Judge John T. Copenhaver, Jr. imposed the sentence. Assistant United States Attorney Joshua C. Hanks handled the prosecution.
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Putnam County Man Pleads Guilty to Firearms ChargeRead the Press Release
HUNTINGTON, W.Va. – A Putnam County man who lied on an ATF Form in an attempt to obtain firearms pled guilty today, announced United States Attorney Mike Stuart.
“’Lyin’ and tryin’ or ‘lyin’ and buyin’ are serious federal offenses,” said United States Attorney Mike Stuart. “All lawful citizens have a right to purchase a firearm. Every citizen has an obligation to tell the truth when filling out the paperwork to obtain one.”
Stephen Charles Cyrus, 35, admitted that on March 20, 2018, he attempted to obtain four firearms from Ultimate Pawn & Performance. On the ATF form he lied about whether he had been previously convicted of domestic violence. Cyrus was prohibited from obtaining firearms under federal law because he was convicted of domestic battery on January 19, 2018 in Putnam County, West Virginia.
Cyrus faces up to 5 years in prison when he is sentenced on July 29, 2019.
The ATF conducted the investigation. The plea hearing was held before United States District Judge Robert C. Chambers. Assistant United States Attorney Stephanie S. Taylor prosecuted the case.
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Kanawha County Woman Pleads Guilty to Federal Drug CrimeRead the Press Release
CHARLESTON, W.Va. – A Kanawha County woman was convicted of a federal drug crime, announced United States Attorney Mike Stuart. Ashley Nichole Rhodes, age 24, of Chesapeake, pled guilty to possessing with intent to distribute methamphetamine. Stuart commended the investigation conducted by the Kanawha County Sheriff’s Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).
“No one in our communities is immune from being victimized by criminal activity related to drug dealing,” said United States Attorney Mike Stuart. “The communities of the Upper Kanawha Valley are suffering because of drug dealers and the mayhem they cause. We are doing everything we can do – in every corner of the district – to hold drug dealers accountable and to kick them out of our neighborhoods.”
As established by public court filings and hearings, on August 16, 2018, a man reported to Kanawha County deputies that his house in Rand, West Virginia, was burglarized. The burglars stole six firearms, three digital cameras, vehicle titles, $1,000 in savings bonds, and various other personal items.
Later that day, a Deputy with the Kanawha County Sheriff’s Department found some of the stolen items in a backpack outside of an empty, abandoned house on Church Drive. The Deputy spotted another dilapidated, abandoned house nearby, which was open. After entering the house and announcing his presence, the Deputy found Mason Laviro Scragg lying on a mattress. One of the stolen firearms, a 12 gauge shotgun, was protruding from under the mattress directly beneath Scragg. Rhodes was found hiding behind a mirror nearby. Deputies recovered close to five grams of methamphetamine in the room, which Rhodes later claimed. Scragg previously pled guilty to possessing a firearm as a felon.
Rhodes is facing up to 20 years in prison and a $1,000,000 fine when she is sentenced on July 31, 2019. Assistant United States Attorney Drew O. Inman is handling the prosecution. Senior United States District Judge John T. Copenhaver, Jr. presided over the hearing.
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Huntington Man Pleads Guilty to Federal Drug ChargeRead the Press Release
HUNTINGTON, W.Va. – A Huntington man pled guilty today to a federal drug charge, announced United States Attorney Mike Stuart. Richard Pardue entered a guilty plea to an indictment charging him with distribution of heroin.
“Dealing drugs, no matter the quantity will land you behind bars,” said United States Mike Stuart. “Since becoming United States Attorney, our number one priority has been a sense of urgency to fight the opioid epidemic. We fight that fight with every tool we have every day.”
Pardue admitted that on January 18, 2017, he met a confidential informant in Ona, West Virginia. He gave the informant half of a gram of heroin in exchange for $60.
Pardue faces up to twenty years in federal prison when he is sentenced on July 29, 2019.
The Violent Drug and Crime Task Force West conducted the investigation. The plea hearing was held before United States District Judge Robert C. Chambers. Assistant United States Attorney Stephanie S. Taylor handled the prosecution.
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Detroit Man Sentenced to Prison for Drug CrimeRead the Press Release
CHARLESTON, W.Va. – A Detroit, Michigan, man who trafficked heroin from Detroit into Charleston was sentenced to 41 months in prison, announced United States Attorney Mike Stuart. Stuart commended the investigation conducted by the Charleston Police Department.
Sean Bernard Williams, 46, previously pled guilty to possession with intent to distribute heroin. On November 6, 2014, Williams traveled by bus from Detroit to the Transit Mall in downtown Charleston. Williams then got into a vehicle and hid nearly 150 grams of heroin under his seat. Police investigators stopped Williams’ vehicle after it drove through a stop sign. The investigators received consent to search the vehicle and quickly discovered Williams’ heroin.
“Williams brought 150 grams of heroin with him from Detroit to peddle on our streets,” said United States Attorney Mike Stuart. “Detroit drug dealers have been a problem and we’ve locked up a big number of Detroit drug dealers. This is another and there will be many more if they bring their poisons to the towns in my district.”
The case was prosecuted by Assistant United States Attorney Drew O. Inman. Senior United States District Judge John T. Copenhaver, Jr presided over the plea hearing.
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Beckley Man Sentenced to Federal Prison for Drug Distribution ChargesRead the Press Release
BECKLEY, W.Va. – A Beckley man who admitted to selling oxycodone and heroin was sentenced today, announced United States Attorney Mike Stuart. Steven Rumbold, 49, of Glen Morgan, Raleigh County, was sentenced to 18 months in federal prison for distributing oxycodone and heroin. Stuart commended the investigative efforts of the Beckley/Raleigh County Drug and Violent Crime Task Force and the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF).
“Those who continue to perpetuate the opioid epidemic will be prosecuted,” said United States Attorney Mike Stuart. “West Virginians have already paid too high a price at the hands of drug dealers like Rumbold.”
Rumbold previously admitted that on July 25, 2015, he sold oxycodone to a confidential informant working with the Beckley/Raleigh County Drug and Violent Crime Unit. Rumbold also previously admitted to selling additional quantities of oxycodone and heroin from his home in Glen Morgan to the same informant on at least two different dates. On August 18, 2015, police officers executed a search warrant at defendant’s home and found additional quantities of controlled substances and firearms.
Assistant United States Attorney Timothy D. Boggess handled the prosecution. The sentence was imposed by United States District Judge Irene C. Berger.
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United States Attorney Mike Stuart Continues Listening Tour in Greenbrier CountyRead the Press Release
CHARLESTON, W.Va. – United States Attorney Mike Stuart today announced that he will host a public safety community forum in Greenbrier County, West Virginia on May 2, 2019. The forums, presented in partnership with West Virginia’s Substance Abuse Prevention Coalitions, continue to be held at locations throughout the Southern District of West Virginia to provide an opportunity for an open discussion on substance abuse, violent crime, school safety, and other public safety issues currently impacting local communities. City and county government officials, public health officials, school administrators, teachers, parents, students, church leaders, residents and area law enforcement representatives are encouraged to attend the community forums.
The Greenbrier County community forum will begin at 6:00pm on Thursday, May 2, 2019 at the West Virginia School of Osteopathic Medicine (Alumni Building), 400 N. Lee Street, Lewisburg, West Virginia.
For more information, please email Public Information Officer/Law Enforcement Coordinator Deanna Eder at [email protected].
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Operation Mountaineer Highway Defendants Appear in Federal CourtRead the Press Release
CHARLESTON, W.Va. – United States Attorney Mike Stuart announced that four individuals charged as part of Operation Mountaineer Highway appeared in federal court.
“Operation Mountaineer Highway dismantled a drug trafficking organization (DTO) that was wreaking havoc in our southern West Virginia counties,” said United States Attorney Mike Stuart. “As you can see by these cases, this DTO was peddling a full smorgasbord of illicit drugs. This takedown took dozens of dealers and significant quantities of drugs off the streets – a job well done by our law enforcement partners.”
Carla Remy, 41, of Oak Hill, and Terry Remy, 40, of Scarbro, who were formerly married, were both sentenced to 87 months in federal prison. Both Carla Remy and Terry Remy previously admitted to participating in a drug trafficking organization by supplying methamphetamine to at least one other member of the organization knowing it was the purpose and intent of that individual to redistribute the methamphetamine in and around the Southern District of West Virginia. At the plea hearings, it was established that both defendants made several trips to South Carolina to purchase methamphetamine, and then returned to West Virginia to distribute the drugs in and around Fayette County. It was further established that the defendants made between 8 and 10 trips to South Carolina. On July 8, 2018, a West Virginia State Trooper stopped the car driven by Carla Remy for speeding as it was returning from South Carolina. Terry Remy was a passenger in the car. During a search of the car, law enforcement officers found 333.78 grams of methamphetamine. Carla Remy admitted the methamphetamine had been purchased in South Carolina and the plan was to sell it in West Virginia. As part of the plea, the car being used by the Remys on July 8, 2018, has been forfeited to the United States.
Eric Coleman, 21, and John D. Toney, also known as “JD,” 19, both from Scarbro, both entered guilty pleas to conspiracy to distribute more than 100 grams of heroin, more than 50 grams of a substance containing methamphetamine, and a quantity of oxycodone. Toney admitted that from October 2017 through July 31, 2018, that he participated in a drug trafficking organization that distributed oxycodone, heroin, and methamphetamine in Fayette County, West Virginia. Toney admitted that during this time period, he participated in the distribution of oxycodone pills, assisted other members of the drug trafficking organization in acquiring over 100 grams of heroin on July 16, 2018, and further admitted to distributing more than 50 grams of a substance containing methamphetamine. In a separate hearing, it was established that Eric Coleman also participated in the same drug trafficking organization. It was determined that during the time period between October 2017, and July 31, 2018, Coleman assisted his father and Toney in distributing oxycodone, heroin, and methamphetamine. Coleman previously admitted to law enforcement that he was assisting his father in distributing quantities of oxycodone in Fayette County. It was further established that during this time period, Coleman also distributed over 100 grams of heroin, and more than 50 grams of a substance containing methamphetamine. Most of the distributions of controlled substances occurred at the Coleman’s residence in Scarbro.
Both Toney and Coleman face a mandatory minimum period of five years and up to forty years in prison and a $5,000,000.00. Coleman is scheduled for sentencing on July 10, 2019 and Toney is scheduled for sentencing on July 25, 2019.
The investigation dubbed Operation Mountaineer Highway stretched from West Virginia to South Carolina and New Jersey and resulted in federal and state charges being brought against a total of 38 individuals, with 12 defendants being charged in federal indictments. Stuart commended the cooperative investigative efforts of the Drug Enforcement Administration and the Central West Virginia Drug Task Force, with the support of the West Virginia State Police, the Bureau of Alcohol, Tobacco, Firearms, and Explosives, the Fayette County Sheriff’s Department, the Beckley/Raleigh County Drug Task Force, the Southern Regional Drug and Violent Crime Task Force, the Fayetteville Police Department, and the Oak Hill Police Department.
Assistant United States Attorney Timothy D. Boggess handled the prosecutions. The hearings were held before United States District Judge Joseph R. Goodwin.
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Appalachian Regional Prescription Opioid Strike Force TakedownRead the Press Release
Single Largest Prescription Opioid Law Enforcement Operation in History - Charges Brought Against 60 Individuals, Including 53 Medical Professionals
Charges involve over 350 thousand prescriptions for controlled substances and over 32 million pills
CHARLESTON, W.VA. – United States Attorney Mike Stuart joined multiple law enforcement partners today in Cincinnati, Ohio, to announce enforcement actions involving 60 charged defendants across 11 federal districts, including 31 doctors, 7 pharmacists, 8 nurse practitioners, and 7 other licensed medical professionals for their alleged participation in the illegal prescribing and distributing of opioids and other dangerous narcotics and for health care fraud schemes. In addition, the United States Department of Health and Human Services (HHS) announced that since June 2018, it has excluded over 2,000 individuals from participation in Medicare, Medicaid, and all other Federal health care programs which includes more than 650 providers excluded for conduct related to opioid diversion and abuse. Since July 2017, the Drug Enforcement Administration (DEA) has issued 31 immediate suspension orders, 129 orders to show cause, and received 1386 surrenders for cause nationwide for violations of the Controlled Substances Act.
“Today’s is an important day for West Virginia and the nation,” said United States Attorney Mike Stuart. “The single largest prescription opioid law enforcement operation focused solely on Appalachia and the poison peddlers that have wreaked havoc, chaos and despair on our citizens and communities. Today’s effort is only the first of many more significant enforcement efforts to ensure the safety of our citizens. Drug dealers in lab coats are still drug dealers. My office and our dedicated law enforcement partners in the Southern District of West Virginia have been actively engaged in identifying and holding drug dealers accountable and making sure that abusive medical professionals that put profits before patients never write another prescription or treat another patient ever again.”
As part of today’s takedown, Dr. Marc J. Spelar, a psychiatrist in Huntington, West Virginia, was arrested. Spelar is charged by Indictment with 10 counts of unlawful distribution of controlled substances involving more than 800 prescriptions and over 17,000 opioid pills. He distributed Schedule II narcotics including dextroamphetamine, methylphenidate, and amphetamine salt, to a patient who did not have a medical need for the drugs and whom the doctor never examined even though the patient had a history of abusing drugs.
In addition to the cases announced today, Attorney General Barr and U.S. Attorney Thomas T. Cullen announced today that the ARPO Strike Force will expand into the Western District of Virginia, making it the tenth ARPO Strike Force district. ARPO is a joint law enforcement effort that brings together the resources and expertise of the Health Care Fraud Unit in the Criminal Division’s Fraud Section (HCF Unit), the U.S. Attorney’s Offices for ten federal districts in six states, as well as law enforcement partners at the FBI, HHS Office of the Inspector General (HHS-OIG) and U.S. Drug Enforcement Administration (DEA). In addition, the operation includes the participation of the Tennessee Bureau of Investigation and multiple State Medicaid Fraud Control Units. The mission of the ARPO Strike Force is to identify and investigate health care fraud schemes in the Appalachian region and surrounding areas, and to effectively and efficiently prosecute medical professionals and others involved in the illegal prescription and distribution of opioids.
The charges announced today involve individuals contributing to the opioid epidemic, with a particular focus on medical professionals involved in the unlawful distribution of opioids and other prescription narcotics, a priority for the Department. According to the CDC, approximately 115 Americans die every day of an opioid-related overdose.
Participating in today’s press conference in Cincinnati, Ohio, were Assistant Attorney General Brian Benczkowski of the Justice Department’s Criminal Division; U.S. Attorney Robert M. Duncan Jr. for the Eastern District of Kentucky; U.S. Attorney Russell M. Coleman for the Western District of Kentucky; U.S. Attorney Benjamin C. Glassman for the Southern District of Ohio; U.S. Attorney William J. Powell for the Northern District of West Virginia; U.S. Attorney Michael B. Stuart for the Southern District of West Virginia; U.S. Attorney J. Douglas Overbey for the Eastern District of Tennessee; U.S. Attorney Donald Q. Cochran for the Middle District of Tennessee; U.S. Attorney D. Michael Dunavant for the Western District of Tennessee; U.S. Attorney Jay E. Town for the Northern District of Alabama; U.S. Attorney Thomas T. Cullen for the Western District of Virginia; Executive Assistant Director Amy Hess of the FBI’s Criminal, Cyber, Response, and Services Branch; Deputy Inspector General for Investigations Gary L. Cantrell of the Department of Health and Human Services Office of Inspector General (HHS-OIG), Assistant Administrator John J. Martin of the DEA Diversion Control Division, and Centers for Medicare and Medicaid Services (CMS) Deputy Administrator and Director of the Center for Program Integrity (CPI) Alec Alexander.
The ARPO Strike Force is made up of prosecutors and data analysts with the HCF Unit, prosecutors with the ten U.S. Attorney’s Offices in the region, including the newly added Western District of Virginia, and special agents with the FBI, HHS-OIG and DEA. The ARPO Strike Force operates out of two hubs based in the Cincinnati, Ohio/Northern Kentucky and Nashville, Tennessee, areas, supporting the ten districts that make up the ARPO Strike Force region. In addition, the APRO Strike Force works closely with other state and federal law enforcement agencies, including the Tennessee Bureau of Investigation, State Medicaid Fraud Control Units.
Since its inception in March 2007, the Medicare Fraud Strike Force, which maintains 14 strike forces operating in 23 districts, has charged nearly 4,000 defendants who have collectively billed the Medicare program for more than $14 billion. The Medicare Fraud Strike Force, including the ARPO Strike Force, has charged more than 200 individuals with opioid-related crimes.
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For any patients impacted by the law enforcement operations, DOJ, DEA, HHS-OIG, HHS’ Substance Abuse and Mental Health Services Administration, CDC’s Opioid Rapid Response Team and all 5 State Departments of Health are deploying federal and state-level strategies to address patient harm and insure continuity of care. Additional information regarding available treatment programs and where patients can turn for assistance is available as follows:
Alabama: The Alabama Department of Mental Health has a dedicated telephone number to connect those affected by the closure. The toll-free substance abuse number is 1-844-307-1760. Information about substance abuse and opioids is available at the following websites:
http://www.alabamapublichealth.gov/pharmacy/opioid-and-heroin.html
https://mh.alabama.gov/understanding-the-opioid-crisis/
Kentucky: If you are in Kentucky and are suffering with addiction you can find help by calling 833-8KY-HELP or logging in at Findhelpnowky.org
Ohio: If you are seeking help in Ohio, please call the OhioMHAS patient helpline, at 1-877-275-6364
Tennessee: If you are seeking help in Tennessee:
- For a referral to addiction treatment services, call the Tennessee REDLINE: 800-889-9789.
- In a mental health crisis, call the Statewide Crisis Line: 855-CRISIS-1 (855-274-7471).
- For help accessing substance abuse or mental health services call the Tennessee Department of Mental Health and Substance Abuse Services Helpline: 800-560-5767 or 615-532-6700. This line is staffed Monday-Friday, 8 a.m. - 4:30 p.m. CT.
West Virginia: If you are in West Virginia and are suffering with addiction you can find help by calling 1-844-HELP-4WV or logging in at https://HelpandHopeWV.org
For individuals seeking help in other states, please call 1-800-662-HELP
If you, a family member, friend or loved one believe you may be a victim in any of these cases or in connection with any charged defendant, please visit the following website for additional information: https://www.justice.gov/criminal-vns/case/ARPO
Additional documents related to this announcement are available here:
https://www.justice.gov/opa/documents-and-resources-april-17-2019-press-conference
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Two Charleston Men Sentenced to Prison for Roles in Federal Drug ConspiracyRead the Press Release
CHARLESTON, W.Va. – United States Attorney Mike Stuart announced that two Charleston men have been sentenced to prison for their roles in a methamphetamine conspiracy in 2017. Michael Ginther and Travis Thomas were sentenced to 72 and 87 months in prison, respectively.
“Yet another network of meth traffickers dismantled,” said United States Attorney Mike Stuart. “We’re taking down drug dealers and putting them behind bars for lengthy prison stays. Excellent work by my team and our law enforcement partners.”
The investigation involved numerous controlled purchases of methamphetamine from the defendants involved in the conspiracy between June 2017 and September 2017. Three other members of the conspiracy were sentenced to prison last week. Melody Legg was sentenced to 120 months, Timothy Boggs to 24 months, and William Naylor to 36 months.
This investigation was the result of a joint effort by the Drug Enforcement Administration, the Violent Crime and Drug Task Force West, and the Kanawha County Sheriff’s Department STOP Team. Assistant United States Attorney Stephanie S. Taylor handled the prosecutions. United States District Judge Joseph R. Goodwin imposed the sentences.
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