Southern District of West Virginia
Press releases recorded for this federal judicial district.
Detroit Man Pleads Guilty to Role in Federal Heroin ConspiracyRead the Press Release
HUNTINGTON, W.Va. – A Detroit man who helped sell heroin in Huntington between 2014 and 2016 pled guilty yesterday to a federal drug charge, announced United States Attorney Mike Stuart. Charles Deshawn Lockhart, 27, entered a guilty plea to conspiracy to distribute 100 grams or more of heroin in federal court in Huntington. Stuart commended the investigative efforts of the FBI Drug Task Force and the Huntington Police Department.
“Detroit has one of the biggest drug problems in the country and, sadly, that problem is being exported to places like Huntington, West Virginia,” said United States Attorney Mike Stuart. “This is another case of Detroit’s problems finding their way to the streets of West Virginia. My words and my record could not be more clear – I’ll do everything in my power to lock up every Detroit poison peddler and drug thug that brings his junk into my district.”
Between November of 2014 and May of 2016, Lockhart admitted he conspired with multiple individuals to distribute heroin in the Huntington area. During the conspiracy, Lockhart received quantities of heroin on consignment which he distributed to various customers. Lockhart would then collect payment for the heroin and return it to other co-conspirators. As part of his plea, Lockhart further admitted that he distributed heroin to a confidential informant in October of 2015.
Lockhart faces up to 40 years in federal prison when he is sentenced on June 24, 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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Akron Ohio Man Pleads Guilty to Federal Drug and Gun ChargesRead the Press Release
CHARLESTON, W.Va. – An Akron, Ohio, man admitted to possessing methamphetamine with intent to distribute and carrying a firearm during a drug trafficking crime, announced United States Attorney Mike Stuart. Rodney Lammar Hargrove, age 48, pled guilty today before United States District Judge David E. Faber. Stuart commended the investigation conducted by the Metropolitan Drug Enforcement Network Team (MDENT), Charleston Police Department, Kanawha County Sheriff’s Department, St. Albans Police Department, and South Charleston Police Department.
“Another out-of-state drug dealer with meth, heroin and a gun -- and CARFENTANYL -- on Charleston’s West Side,” said United States Attorney Mike Stuart. “Carfentanyl- the same fentanyl analogue that is used to tranquilize elephants. I am so grateful to our law enforcement officers for getting Hargrove and these deadly drugs off our streets and away from our families.”
As established by public court filings and hearings, on February 16, 2018, police were investigating a known drug house on Frame Street in Charleston, West Virginia. The investigators found suspected heroin, needles, and other drug paraphernalia. As they were preparing to leave, Hargrove entered the house. Hargrove admitted that he was carrying a gun, which the investigators retrieved for their safety. Hargrove also gave the investigators permission to retrieve drugs that he was carrying: approximately 20 grams of ice methamphetamine and approximately 6 grams of a mixture containing carfentanyl, a powerful and deadly fentanyl analogue.
Investigators arrested Hargrove and transported him to the police station, where he confessed to investigators that he was a drug dealer. Hargrove explained that he had been receiving about a half-ounce of methamphetamine and 10 grams of heroin at a time for resale in Charleston.
Hargrove is facing a mandatory minimum of ten years in prison and up to life imprisonment when he is sentenced on August 6, 2019. Assistant United States Attorney Drew O. Inman is handling the prosecution.
This case is being prosecuted as part of Operation Synthetic Opioid Surge (S.O.S.), a focused enforcement effort that seeks to reduce the supply of deadly synthetic opioids in high impact areas.
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Statement by United States Attorney Mike Stuart on Mosque Shootings in Christchurch, New ZealandRead the Press Release
CHARLESTON, W.Va. – United States Attorney Mike Stuart issued the following statement:
"The heinous acts of mass and brutal violence that targeted mosques in New Zealand are troubling and repugnant on many levels. My heart is broken for the victims of this senseless event. Violence against any people on the basis of religion or, for that matter, any basis, are acts that deserve our unified condemnation. Today, we are all New Zealanders.”
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Kanawha County Man Pleads Guilty to Federal Gun CrimeRead the Press Release
CHARLESTON, W.Va. – A Cabin Creek man pled guilty to a federal firearms charge, announced United States Attorney Mike Stuart. Hughie Wayne Petry, 38, pled guilty to being in possession of a stolen sawed off shotgun that was not registered to him with the National Firearms Registration and Transfer Record. The investigation was conducted by the Kanawha County Sheriff’s Office and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).
On May 6, 2018, the Kanawha County Sheriff’s Office received a call from an individual in the Cabin Creek area that a male had a sawed off shotgun and was yelling threats in the street. A Kanawha County Sheriff’s Deputy responded to the call, and located the individual who attempted to escape by jumping into an area creek. The Deputy tracked down Petry and was able to recover the sawed off shotgun. Petry admitted being in possession of the sawed off shotgun; that he stole the sawed off shotgun; and that it was not registered to him as required by the National Firearms Registration and Transfer Record.
Petry faces up to 10 years in prison when he is sentenced on June 20, 2019.
United States District Judge Joseph R. Goodwin presided over the plea hearing. Assistant United States Attorney Chris Arthur is handling the prosecution.
U.S. Attorney's Office Concludes Investigation into West Virginia Supreme Court of AppealsRead the Press Release
CHARLESTON, W.Va. – United States Attorney Mike Stuart announced today that his office has concluded its current investigation into the West Virginia Supreme Court of Appeals.
“Our long-term investigation into corruption of West Virginia’s highest court is now concluded,” said United States Attorney Mike Stuart. “Absent new information or new allegations of impropriety or illegality, based on the information we have investigated and reviewed, we are hopeful that the period of uncertainty and taint of West Virginian’s highest court is over. This does not mean there will not be another investigation regarding other issues at some point in the future, but, for now, we are finished with our work. Although necessary on behalf of the people of West Virginia and in defense of the rule of law, the indictment and conviction of former Chief Justice Allen Loughry and the Information and conviction of former Justice Menis Ketchum brought me no personal pleasure. Rather, my satisfaction is that my office was able to play a significant role in restoring the confidence of the people of West Virginia in the West Virginia Supreme Court. I have great sympathy for the families involved in this matter, but I have said many times, this office takes the issue of public corruption and abuse of the public trust incredibly seriously. There is no such thing as a little bit of public corruption. I want to thank the FBI, the West Virginia Commission on Special Investigations and the Internal Revenue Service-Criminal Investigation Division for their work in conducting the investigations and Assistant United States Attorneys Phil Wright and Greg McVey and former Assistant United States Attorney Anna Forbes their remarkable work in the prosecutions.”
Former West Virginia Supreme Court Justice Allen Loughry II was convicted by a federal jury in October 2018 of one count of mail fraud, seven counts of wire fraud, and two counts of lying to the FBI. He was sentenced last month to 24 months in prison and ordered to pay restitution to the State of West Virginia and the Pound Civil Justice Institute. Loughry will report to prison on April 5, 2019. Loughry’s convictions resulted from fraudulent activity while he was a sitting Justice on the Supreme Court. The mail fraud conviction stemmed from his defrauding the Pound Civil Justice Institute of approximately $400 in the summer of 2014, when he claimed mileage to attend a conference in Baltimore, Maryland, as if he had driven his own personal vehicle when in fact he drove a Supreme Court vehicle. The seven wire fraud convictions related to Loughry’s using a government fuel card to buy gasoline for travel that was not official business. Two of those wire fraud convictions involved purchases of gasoline by Loughry late at night on a holiday or weekend, not long after he had already filled up the Supreme Court’s vehicle with gasoline upon returning from a trip. The remaining five convictions for wire fraud involved purchases of gasoline with a government fuel card and travel by Loughry in a Supreme Court vehicle to attend book-signing events at The Greenbrier Resort, for the book Loughry authored in 2006 about public corruption in West Virginia. Loughry’s two convictions for lying to the FBI resulted from false answers he gave during an interview on March 2, 2018, by a Special Agent of the FBI. During that interview, Loughry claimed he never used a state vehicle for personal use and that he did not know that a desk he had in his home was a “Cass Gilbert desk” or even a desk anyone had ever claimed to be a Cass Gilbert desk.
Former West Virginia Supreme Court Justice Menis Ketchum II pled guilty to wire fraud in August 2018 and was sentenced earlier this month to three years of probation. He admitted to repeated personal use of a State of West Virginia vehicle and State fuel credit card over the course of 2011 through 2014 in connection with his travel from his home in Huntington, West Virginia to and from a private golf club in western Virginia. The roundtrip mileage for each of these golf outings was approximately 400 miles and cost the taxpayers of West Virginia approximately $220 per trip. In particular, on August 6, 2014, he traveled to the private golf club in a State vehicle, and returned to his home on August 9, 2014. During the return trip to Huntington, Ketchum used a State fuel card to purchase gasoline in Princeton, West Virginia, causing an interstate wire communication.
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Kanawha County Felon Pleads Guilty to Federal Gun CrimeRead the Press Release
CHARLESTON, W.Va. – A Kanawha County felon pled guilty to a federal gun crime, announced United States Attorney Mike Stuart. Mason Laviro Scragg, 24, of Chesapeake, West Virginia, entered his guilty plea to being a felon in possession of a firearm. Stuart commended the investigation conducted by the Kanawha County Sheriff’s Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).
“Convicted felon. Stolen gun. Meth,” said United States Attorney Mike Stuart. “It’s offenders like Scragg that are responsible for much of the crime in our communities.”
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 Kanawha County Deputy 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, with the doors open. After entering the house and announcing his presence, the Deputy found Scragg lying on a mattress. One of the stolen firearms, a 12 gauge shotgun, was protruding from under the mattress directly beneath Scragg. Deputies also recovered close to five grams of methamphetamine in Scragg’s room.
At the time that he possessed the shotgun, Scragg was a convicted felon whose right to possess a firearm had not been restored. Scragg is facing up to 10 years in prison when he is sentenced on June 19, 2019. United States District Judge John T. Copenhaver, Jr. presided over the hearing. Assistant United States Attorney Drew O. Inman is handling 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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Statement of United States Attorney Mike Stuart Regarding West Virginia's Back the Blue License PlateRead the Press Release
CHARLESTON, W.Va. – United States Attorney Mike Stuart issued the following statement regarding the West Virginia Legislature’s passage of a bill designating a “Back the Blue” license plate.
“It was almost one year ago that I rolled out the proposal for a Back the Blue license plate in partnership with the West Virginia FOP. I am so proud that West Virginia is now one of the first states in the country to have a specialized license plate that will allow West Virginians to recognize, honor and show their support for our law enforcement personnel. The West Virginia Legislature passed House Bill 2846 and it now awaits the Governor’s signature. I want to extend my thanks to the West Virginia FOP and all those involved in making the West Virginia Back the Blue license plate a reality.”
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Dunbar man sentenced for being a prohibited person in possession of a firearmRead the Press Release
Prohibited Person Status as Due to Two Prior Domestic Violence Convictions
CHARLESTON, W.Va. -- A Dunbar, West Virginia man was sentenced to 18 months in prison, announced United States Attorney Mike Stuart. Brian M. Oliver, 22, previously pled guilty on December 17, 2018, to the felony offense of being a prohibited person in possession of a firearm. Oliver also agreed to the forfeiture of the gun. Stuart praised the work of the Dunbar Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).
“Domestic violence is an insidious, diabolical force in society that must be rooted out at every level,” said United States Attorney Mike Stuart. “Those folks that are domestic batterers have lost their right and privilege to possess a firearm. There’s no greater champion of the Second Amendment than me but the thugs that beat and whip and abuse those weaker than them should never be near a firearm.”
On April 29, 2018, Dunbar Police Officers stopped a truck for a traffic infraction. Oliver was a passenger in the truck. During the course of the traffic stop, Oliver admitted to officers that he had a firearm on his person. Dunbar officers subsequently patted down Oliver and recovered an Iver Johnson .22 caliber pistol in his front pants pocket. Record checks revealed Oliver had been convicted of the misdemeanor offense of Domestic Battery in Kanawha County Magistrate Court in January 2017, and also of Second Offense Domestic Battery in March 2017. As a result of these convictions, Oliver is prohibited from carrying a firearm. Oliver admitted to the Dunbar police officers that he possessed the firearm and was not supposed to do so. The ATF traced the gun, revealing that it had traveled in interstate commerce as it was not manufactured in West Virginia.
Assistant United States Attorney Erik S. Goes is handling the prosecution. The hearing was held before United States District Judge Joseph R. Goodwin.
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Federal Jury Finds Greenbrier County Man Guilty on Federal Gun ChargesRead the Press Release
BECKLEY, W.Va. – A federal jury has convicted a Greenbrier County man on federal gun charges, announced United States Attorney Mike Stuart. In January 2018, Ronald Collins, 39, lied on ATF form 4473, indicating that he had never been committed to a mental institution, and thereafter purchased a firearm. The jury returned guilty verdicts on charges of making a false and fictitious written statement on an ATF Form 4473 in order to acquire a firearm, and of being in possession of a firearm after being committed to a mental institution. The Bureau of Alcohol, Tobacco, Firearms & Explosives (ATF) and the West Virginia State Police conducted the investigation.
“Collins is prohibited from possessing a firearm by virtue of having previously been committed to a mental institution,” said United States Attorney Mike Stuart. “This is a prime example of how enforcing existing gun laws keeps guns out of the wrong hands. I want to thank ATF, the West Virginia State Police and my prosecutors for their exemplary work in this case.”
Collins posted several videos of himself with the firearm on social media, including one of him shooting the firearm, which were shown to the jury. Collins now faces up to 20 years in prison when sentenced on July 10, 2019.
United States District Judge Irene C. Berger presided over the trial. Assistant United States Attorneys Steve Loew and Alex Hamner handled the prosecution.
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Branchland Woman Pleads Guilty to Federal Fentanyl ConspiracyRead the Press Release
HUNTINGTON, W.Va. – A Branchland woman caught delivering fentanyl to another individual last year in Huntington pled guilty today to a federal drug charge, announced United States Attorney Mike Stuart. Rebecca S. Bryant, 41, entered a guilty plea to conspiracy to distribute fentanyl in federal court in Huntington. Stuart commended the investigative efforts of the Huntington Police Department.
“Over 100 grams of fentanyl,” said United States Attorney Mike Stuart, “could have wiped out the entire population of Huntington. Everyone. Nada. Game over. We owe law enforcement a huge debt of gratitude for intercepting this deadly drug before it hit the streets. As part of Operation Synthetic Opioid Surge (S.O.S.), we are continuing to prosecute each and every fentanyl dealer to the maximum extent of the law.”
On May 23, 2018, officers with the Huntington Police Department observed Bryant meet with another individual in her vehicle in the parking lot of the Little Caesar’s restaurant located at 100 7th Avenue in Huntington. After meeting with the individual, Bryant left the lot and officers conducted a traffic stop of Bryant’s vehicle. Bryant admitted that she had provided a package containing drugs to the individual. The other individual was also stopped and officers seized a package containing in excess of 100 grams of fentanyl. Bryant admitted that she received the fentanyl earlier the prior week and that, on May 23, she was directed to deliver it at the Little Ceasar’s.
Bryant faces up to 20 years in federal prison when she is sentenced on June 17, 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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United States Attorney Mike Stuart Announces Commitment to Ending Elder AbuseRead the Press Release
CHARLESTON, W.Va. – United States Attorney Mike Stuart announced his commitment to ending elder abuse. Approximately one in ten Americans aged 60 and over have experienced some form of elder abuse in the last year. The abuse can be physical, psychological, or financial. Financial scams result in seniors losing billions each year.
With the signing of the bipartisan Elder Abuse Prevention and Prosecution Act (EAPPA) into law, President Trump and his administration placed a renewed focus on those who prey on the elderly.
“I will do everything within my power to protect West Virginia’s seniors and elderly. I have made it a priority to prosecute those who defraud them,” said United States Attorney Mike Stuart. “My office fully embraces Attorney General Barr’s and the Department of Justice’s Elder Justice Initiative. We will be working closely with our law enforcement partners to file both criminal and civil cases against fraudsters, lowlifes and scammers that target the elderly. This is a priority for which you will be reading headlines in the coming months. I will seek maximum sentences and penalties in every case of elder abuse.”
If you or someone you know is the victim of elder fraud/exploitation, we encourage you to reach out to the United States Attorney’s Office for the Southern District of West Virginia at 800-659-8726 (USAO). Assistant United States Attorney Rachel Kincaid is the Elder Justice Coordinator. And if you or someone you know is suffering from physical abuse, or is in immediate danger, please call 911 or contact your local law enforcement. Elder justice resources, training, and outreach materials can be found at the Department of Justice’s Elder Justice website, www.elderjustice.gov.
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Princeton Woman Pleads Guilty to Federal Gun CrimesRead the Press Release
BLUEFIELD, W.Va. – A Princeton woman pled guilty today to federal gun crimes, announced United States Attorney Mike Stuart. Kimberly Addair, 46, of Princeton, West Virginia, entered her guilty pleas to one count of making false or fictitious statements, and one count of disposing of firearms to a convicted felon. Stuart commended the investigative efforts of federal agents from West Virginia and New Jersey offices of the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF).
“Don’t lie for the other guy,” said United States Attorney Mike Stuart. “Lying and buying for someone else- a serious, serious crime. Making false statements on ATF Forms in order to purchase guns for those that shouldn’t have them, will land you in federal court and facing a potentially significant sentence in federal prison.”
During Addairs’s plea hearing, it was established that on March 30, 2016, Kimberly Addair made false and fictitious statements on a Department of Justice ATF Form 4473 by indicating she was the actual purchaser of firearms when in reality, she was purchasing the firearms for a convicted felon. Addair had previously admitted to law enforcement officers that she purchased the firearms for another person that she knew was a convicted felon. She then admitted to transferring the firearms to the person she knew to be a convicted felon and was prohibited from possessing any firearms according to federal law. One of the firearms purchased by Addair on March 30, 2016 was recovered in New Jersey in the possession of a convicted felon.
Addair now faces a sentence of up to ten years in prison and a fine of up to $250,000 on each count. Addair’s sentencing will be held on July 2, 2019.
Assistant United States Attorney Timothy D. Boggess is responsible for the prosecution. The plea hearing was held before Senior United States District Judge David A. Faber.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. The United States Attorney General reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.
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Operation Mountaineer Highway -- Fayette County Man Sentenced to Prison for Federal Drug CrimeRead the Press Release
CHARLESTON, W.Va. – United States Attorney Mike Stuart announced today that a Fayette County man was sentenced in federal court on his conviction for conspiracy to distribute oxycodone. Gary Harvey, 48, of Fayetteville, was sentenced to 70 months in federal prison. Harvey was one of the defendants charged in connection with Operation Mountaineer Highway, which resulted in a large scale takedown in September 2018. 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 (ATF), the Fayette County Sheriff’s Department, the Beckley/Raleigh County Drug Task Force, the Southern Regional Drug and Violent Crime Task Force, the Fayetteville Police Department, and Oak Hill Police Department.
“Operation Mountaineer Highway dismantled a multi-state, poly-drug network,” said United States Attorney Mike Stuart. “I am extremely proud of the work of law enforcement throughout the operation and the lasting positive impact it has had on Fayette County and the surrounding area.”
Harvey previously entered a guilty plea to conspiracy to distribute oxycodone. During the plea hearing, Harvey admitted that in June 2018, he worked with other members of a drug trafficking organization operating in Fayette County to distribute oxycodone pills. Harvey admitted that he distributed approximately 550 30mg oxycodone tablets to other members of the drug trafficking organization knowing it was the plan of those individuals to resell the pills illegally for profit.
Assistant United States Attorney Timothy D. Boggess handled the prosecution. United States District Judge Joseph R. Goodwin imposed the sentence.
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Mexican National Sentenced for Immigration CrimeRead the Press Release
Defendant had three prior deportations to Mexico
CHARLESTON, W.Va. – A Mexican national man was sentenced to seven months incarceration for the felony offense of Reentry of a Removed Alien, announced United States Attorney Mike Stuart. Gilberto Espino-Velasquez, 41, has been in custody since November 8, 2018. Espino-Velasquez will be remanded to ICE custody to institute deportation proceedings at the conclusion of his sentence. Stuart commended the investigative efforts of the U.S. Immigration and Customs Enforcement (ICE).
“They just keep coming,” said United States Attorney Mike Stuart. “Espino-Velasquez had three prior deportations. I applaud ICE for their tireless work in enforcing our immigration laws.”
On November 8, 2018, Espino-Velasquez was found in Nitro, Kanawha County, West Virginia by members of ICE after receiving a tip that individuals were in the country illegally and working on a construction crew in the area. Pursuant to this investigation, ICE agents approached Espino-Velasquez and he surrendered to them. Agents immediately confirmed that Espino-Velasquez was not in the United States legally, and took him into federal custody.
Espino-Velasquez fingerprints matched him to three prior encounters in 2003 where he was found in the United States illegally and deported from the United States to Mexico. He was also previously convicted of illegally entering the United States in September 8, 2003 in the Western District of Texas. Espino-Velasquez again illegally reentered the United States prior to his capture in 2018. Espino-Velasquez had not obtained permission to legally enter the United States and had not sought legal status or citizenship. Espino-Velasquez also admitted to ICE agents that he was a Mexican citizen.
Assistant United States Attorney Erik S. Goes is responsible for the prosecution. United States District Judge John T. Copenhaver Jr. presided over the hearing.
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Georgia Man Pleads Guilty to Drug ChargeRead the Press Release
CHARLESTON, W.Va. – A Georgia man pled guilty to a drug charge today, announced United States Attorney Mike Stuart. Clifford Allen Angle, 31, pled guilty to possession with intent to distribute methamphetamine. The investigation was conducted by the Charleston Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).
“Another violent drug trafficker removed from the streets of Charleston,” said United States Attorney Mike Stuart. “Angle has prior drug trafficking convictions and was carrying a firearm when arrested by Charleston Police Officers. Drug traffickers bringing chaos and violence into our communities will be earning a chance for a stay in federal prison.”
Angle was arrested on August 1, 2017, in downtown Charleston with a firearm and a quantity of methamphetamine. Pursuant to his plea agreement, he admitted that he traveled from Georgia with approximately two ounces of methamphetamine to distribute in West Virginia. He also admitted that he has two prior drug trafficking convictions.
Angle faces up to 20 years imprisonment and a $1,000,000 fine when he is sentenced on May 29, 2019.
Assistant United States Attorney Steve Loew is handling the prosecution. United States District Judge Joseph R. Goodwin presided over the plea hearing.
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Bluefield Brothers Sentenced to Federal Prison for Drug and Gun ChargesRead the Press Release
BLUEFIELD, W.Va. – Two brothers from Bluefield were sentenced today to federal prison for their roles in federal drug and gun charges, announced United States Attorney Mike Stuart. Tyquon Freeman, 21, of Bluefield, West Virginia, was sentenced to 81 months in federal prison. Tykeem Freeman, 25, also from Bluefield, was sentenced to federal prison for 70 months. Stuart commended the investigative efforts of the Southern Regional Drug and Violent Crime Task Force, and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).
“These brothers, just 21 and 25 years old, were both already convicted felons and on parole when caught up in criminal activity again last year,” said United States Attorney Mike Stuart. “The Freemans are the type of defendants we are prosecuting under our Project Safe Neighborhoods initiative in an effort to remove the most chronic violent offenders from our communities.”
Tyquon Freeman previously entered a guilty pleas to possession with intent to distribute less than 50 kilograms of marijuana and possession of a firearm in furtherance of a drug trafficking crime. Tyquon Freeman previously admitted that on two separate dates in April, 2018, he sold marijuana to a confidential informant working with the Southern Regional Drug and Violent Crime Task Force. On April 19, 2018, agents with the Southern Regional Drug and Violent Crime Task Force and ATF executed a search warrant at Freeman’s house in Bluefield, West Virginia, where the prior drug transactions had occurred. When the agents entered the residence, they found approximately ten pounds of marijuana, some of which Freeman admitted he intended to distribute in exchange for money. Officers also found three firearms. Tyquon Freeman also admitted that he acquired one of the firearms to protect his drugs and drug proceeds, even though he knew he was prohibited from possessing any firearms because he was a convicted felon. Freeman further admitted that at the time he committed this offense, he was still on parole out of the state of Virginia. Freeman was prohibited from possessing any firearm under federal law because of a 2017 drug-related felony conviction in Tazewell County, Virginia.
Tykeem Freeman previously entered a guilty plea to being a felon in possession of a firearm. During the plea hearing, Tykeem Freeman admitted that on April 19, 2018, agents with the Southern Regional Drug and Violent Crime Task Force and ATF executed a search warrant at the house he was living in with his brother. When the agents entered the residence, Freeman was in possession of a Ruger, LCP .380 semi-automatic pistol. He also admitted that he attempted to hide the pistol from law enforcement officers because he knew he was not supposed to possess any firearms because he was a convicted felon. He further admitted that at the time he committed this offense, he also was on parole out of the state of Virginia. Tykeem Freeman was prohibited from possessing any firearm under federal law because he was previously convicted of a drug-related felony in Tazewell County, Virginia, in 2016.
Assistant United States Attorney Timothy D. Boggess handled the prosecutions. Senior United States District Judge David A. Faber imposed the sentences.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. The United States Attorney General reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.
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Two Drug Defendants Sentenced in Federal CourtRead the Press Release
BECKLEY, W.Va.—United States Attorney Mike Stuart announced today that two defendants were sentenced on drug charges in federal court in Beckley. Jacqueline Pauley, 29, of Sophia, was sentenced to 12 months in prison for aiding and abetting the distribution of methamphetamine, and Darla Reed, 40, of Alderson, was sentenced to 24 months in prison for possession with intent to distribute methamphetamine.
“A little advice to meth dealers - get out of my district or I’ll do my best to lock you up as long as possible,” said United States Attorney Mike Stuart. “In partnership with drug and violent crime task forces through the district and my law enforcement partners, we are prosecuting meth dealers at a record clip. Convicted meth dealers get the amenities of a small cell, no turn down service, and no chocolate on the pillow.”
Jacqueline Pauley pled guilty in November, admitting that on June 13, 2018, she assisted her husband, Adam Pauley, in the distribution of about an ounce of methamphetamine to Reed at Sam Black Church in Greenbrier County. Reed also pled guilty in November, and admitted that she intended to distribute some of the methamphetamine which she obtained from Jacqueline Pauley. Adam Pauley pled guilty in January to possession with intent to distribute methamphetamine and possession of a firearm during a drug trafficking crime. He is to be sentenced on May 16.
This case was investigated by the Greenbrier County Drug and Violent Crime Task Force and the West Virginia State Police. The case was prosecuted by Assistant United States Attorney John File. United States District Judge Irene C. Berger imposed the sentences.
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Former WV Supreme Court of Appeals Justice Menis Ketchum II Sentenced for FraudRead the Press Release
CHARLESTON, W.Va. -- Menis E. Ketchum II, age 76, of Huntington, a former Justice of the Supreme Court of Appeals of West Virginia, was sentenced to three years of probation, a $20,000 fine and was ordered to pay restitution to the State of West Virginia by Senior United States District Judge John T. Copenhaver, Jr., announced United States Attorney Mike Stuart. The Federal Bureau of Investigation, the West Virginia Legislature’s Commission on Special Investigations, and the Internal Revenue Service—Criminal Investigation Division conducted the investigation.
“Menis Ketchum pled guilty to a felony,” said United States Attorney Mike Stuart. “There is no such thing as a little bit of public corruption, but Justice Ketchum at least did the right thing for doing the wrong thing. Ketchum accepted responsibility for his misdeeds by resigning from the court and acknowledging his wrongdoing. It is my sincere hope that we may soon be able to end our investigation of the West Virginia Supreme Court and allow the people of West Virginia to move forward with confidence and respect for a court that is often the ultimate judge on critical matters affecting all West Virginians. I want to thank my prosecutors, Assistant United States Attorney Phil Wright and former Assistant United States Attorney Anna Forbes, along with our federal and state law enforcement partners, for their excellent work in this case.”
Justice Ketchum pled guilty to wire fraud in August 2018. Ketchum served as a Supreme Court Justice from January 1, 2008 through July 27, 2018. He admitted to repeated personal use of a State of West Virginia vehicle and State fuel credit card over the course of 2011 through 2014 in connection with his travel from his home in Huntington, West Virginia to and from a private golf club in western Virginia. The roundtrip mileage for each of these golf outings was approximately 400 miles and cost the taxpayers of West Virginia approximately $220 per trip. In particular, on August 6, 2014, he traveled to the private golf club in a State vehicle, and returned to his home on August 9, 2014. During the return trip to Huntington, Ketchum used a State fuel card to purchase gasoline in Princeton, West Virginia, causing an interstate wire communication.
Assistant United States Attorney Phil Wright and former Assistant United States Attorney L. Anna Forbes handled the prosecution.
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Federal Inmate Sentenced for EscapingRead the Press Release
BECKLEY, W.Va. – United States Attorney Mike Stuart announced today that an inmate who escaped from the Federal Prison Camp at Alderson was sentenced. Cheryl McGrath, 51, was sentenced to 12 months in prison, to run consecutively to the sentence she is presently serving. McGrath pled guilty in November to escaping from custody, admitting that on July 26, 2018, she left the Federal Prison Camp at Alderson without permission. She was captured the next day a few miles from the prison.
“If you escape, we will find you,” said United States Attorney Mike Stuart. “Escapees will merely be prolonging their stay in federal prison.”
The case was investigated by the Federal Bureau of Prisons, the United States Marshals Service and the West Virginia State Police. Assistant United States Attorney John File prosecuted the case. United States District Judge Irene C. Berger imposed the sentence.
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Parkersburg Man Pleads Guilty to Tax CrimeRead the Press Release
CHARLESTON, W.Va. -- A Parkersburg, West Virginia man entered a guilty plea to Willful Failure to Pay a Tax Return, announced United States Attorney Mike Stuart. Jeffrey Scott Dowler, 54, faces up to a year of incarceration, a $100,000 fine and an order of restitution to the United States Treasury for at least $20,818 when he is sentenced on June 5, 2019. Dowler further agrees to work with the Internal Revenue Service (IRS) to assist in the recovery of assets. Stuart praised the work of the Internal Revenue Service and the United States Department of Justice Tax Division.
Dowler owned an insurance appraisal business from 2009 to 2014. During those years, he made sufficient income where he had the ability to pay taxes. In 2013, Dowler willfully did not pay at least $20,818 in personal income tax that he knew was due and owing to the United States Treasury. Dowler had the financial ability to pay this tax at that time and chose not to do so. He also failed to pay business and payroll taxes associated with his insurance appraisal business. Dowler agrees he owes at least $20,818 in taxes and possibly more. His total tax liability will be determined by the Court at sentencing.
Assistant United States Attorney Erik S. Goes prosecuted the case. The hearing was conducted before United States Magistrate Judge Dwane L. Tinsley.
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New Jersey Man Pleads Guilty to Federal Drug and Gun ChargesRead the Press Release
HUNTINGTON, W.Va. – A New Jersey man who was caught selling drugs near a school in West Huntington last September last year pled guilty today to a federal drug and gun charges, announced United States Attorney Mike Stuart. Eric Moore Bellamy, 51, entered guilty pleas to possession with intent to distribute crack cocaine and heroin within one-thousand feet of a school and possession of firearms in furtherance of a drug trafficking crime in federal court in Huntington. Stuart commended the investigative efforts of the Huntington Police Department.
“Bellamy’s den of drugs and guns was close to an elementary school and our precious children,” said United States Attorney Mike Stuart. “I appreciate the great effort by law enforcement to get him off the streets. We will protect our children at all cost from the drug traffickers that cause so much pain in our communities. You can bet that if you are selling drugs near a school, we will charge you accordingly. Drug thugs that put our most vulnerable in harm’s way will be prosecuted to the maximum extent of the law.”
On September 12, 2018, after officers with the Huntington Police Department developed information that Bellamy was selling drugs in West Huntington, a search warrant was executed at his residence located at 1037 Madison Avenue. During the search, officers seized crack cocaine and heroin from a dresser in the residence. In a separate drawer of the same dresser containing the drugs, officers seized a loaded Springfield .45 caliber pistol, a loaded Ruger Model P85, 9mm pistol, and a loaded Imperial Metal, Model 9, .22 caliber revolver. Bellamy was arrested and admitted to officers that he possessed the drugs and firearms and that he had been selling both crack and heroin in the West Huntington area.
Bellamy’s residence is located within one-thousand feet of Grace Christian School, a private elementary and secondary school. Bellamy admitted at his plea hearing that he possessed the firearms to serve as protection based on his distribution of drugs. Bellamy was also prohibited from possessing firearms based on multiple prior felony convictions he received in the State of New Jersey.
Bellamy faces a mandatory minimum of 1 year up to 40 years in federal prison for the drug charge, and a consecutive mandatory minimum of 5 years up to life in federal prison for the gun charge, when he is sentenced on June 17, 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.
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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Mexican National Men Plead Guilty to Immigration CrimesRead the Press Release
HUNTINGTON, W.Va. – Two Mexican national men pled guilty to the felony offense of Reentry of a Removed Alien, announced United States Attorney Mike Stuart. Carlos Rodriguez-Diaz, 26, and Huber Rodriguez-Diaz, 24, will be sentenced on April 8, 2019. Stuart commended the investigative efforts of the U.S. Immigration and Customs Enforcement (ICE).
“Four prior deportations between the two brothers,” said United States Attorney Mike Stuart. “And they’ll soon share six deportations between them. I hope they get the message – if you want to come into the United States, follow the legal process – you’ll stay longer.”
On December 19, 2018, both men were found in Hurricane, Putnam County, West Virginia. Federal agents with ICE had received a tip that a person was working illegally at a Hurricane restaurant. ICE agents investigated and located the Rodriguez-Diaz brothers walking to the restaurant. Believing one of the men to be the target of the investigation, ICE agents requested identification. Both men immediately admitted that they were not in the United States legally and had no identification documents. ICE agents took Carlos and Huber Rodriguez-Diaz into federal custody.
Fingerprinting matched Carlos to three prior removals from the United States in 2014, 2015, and 2018. Huber has one prior removal from the United States in 2014 that his fingerprints matched. In all cases, the Rodriguez-Diaz brothers were found by immigration judges to be in the United States illegally and they were deported to Mexico. Neither man had obtained permission to legally enter the United States and had not sought legal status or citizenship. Both Carlos and Huber Rodriguez-Diaz further admitted to ICE agents that they were Mexican citizens.
Assistant United States Attorney Erik S. Goes is responsible for both of the prosecutions. United States District Judge Robert C Chambers presided over the hearings.
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Logan Man Pleads Guilty to Federal Firearms ChargeRead the Press Release
CHARLESTON, W.VA. – A Logan man pled guilty to a federal firearms charge, announced United States Attorney Mike Stuart. Joshua Stephen Nida, 35, pled guilty to being in possession of a stolen firearm. The investigation was conducted by the West Virginia State Police and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).
On July 28 2017, the West Virginia State Police received a call from an individual in Holden, Logan County, West Virginia that his gun was stolen. The Trooper identified the individuals who were present when the gun was stolen. The Trooper tracked down Nida and was able to determine who purchased the stolen gun. Nida admitted being in possession of the stolen firearm and knowing that the firearm was stolen.
Nida faces up to 10 years in prison when he is sentenced on May 30, 2019.
United States District Judge Joseph R. Goodwin presided over the plea hearing. Assistant United States Attorney Chris Arthur is handling the prosecution.
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Huntington Woman Sentenced for Federal Heroin CrimeRead the Press Release
HUNTINGTON, W.Va. – A Huntington woman caught selling heroin in April of last year was sentenced today to 21 months in federal prison, announced United States Attorney Mike Stuart. Shirley Lacieann Burlile, 27, previously pled guilty 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.
“Huntington has been deluged with heroin,” said United States Attorney Mike Stuart. “But in a concentrated effort with law enforcement, we have prosecuted every trafficker we could identify, and we’re seeing progress as a result of our efforts.”
On April 4, 2018, a confidential informant contacted Burlile and another individual to arrange a purchase of heroin. During the telephone call, the informant was directed to come to Burlile’s residence located at 4260 U.S. Route 60, Apartment 7 in Huntington. Shortly after, Burlile and the other individual met with the informant inside the residence and Burlile distributed heroin to the informant.
During the plea hearing, Burlile admitted that, from at least November 2017 to April 2018, she conspired with others to distribute heroin in the Huntington area. Burlile also admitted to conducting another heroin deal on April 11, 2018, in Huntington. Burlile admitted that she was responsible for the distribution of up to 100 grams of heroin during her participation in the conspiracy.
Assistant United States Attorney Joseph F. Adams handled the prosecution. The sentence was imposed by United States District Judge Robert C. Chambers.
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Former Logan County Schools Superintendent Sentenced on Charges Relating to Fraud SchemeRead the Press Release
CHARLESTON, W.Va. – Phyllis Doty, a former Superintendent of Logan County Schools, was sentenced to 42 months in prison and three years of supervised release, announced United States Attorney Mike Stuart. She was also ordered to pay the full amount of restitution in the amount of $25,083.10. Doty, 65, was convicted by a federal jury sitting in Charleston on August 31, 2018 of felony counts of conviction, including four counts of wire fraud, two counts of theft from a program receiving federal funds, one count of mail fraud and one count of aggravated identity theft. The guilty verdict came after a four day jury trial. The Court did not impose a fine based on the finding that Doty’s significant state pension has been suspended as a result of her felony conviction.
“Doty’s sentence is another signal of my commitment to punish public corruption,” said United States Attorney Mike Stuart. “To quote Judge Faber, “It is a serious breach of the public trust.” I agree. There’s no such thing as a little bit of public corruption. As is clear from my record, this office takes public corruption and violations of the public trust extremely seriously. In each case in which the public trust is violated we will prosecute to the maximum extent of the law. The public deserves honest public officials. I want to thank my prosecution team, the FBI and the West Virginia Commission on Special Investigations for their extraordinary work in this case.”
Doty, who retired from Logan County Schools in 2016, stole over $12,000 in electronic devices purchased by the Logan County Board of Education and used public funds to decorate and supply her son's August 2015 wedding. The scheme began in 2011 when the Logan County Board of Education regularly purchased Apple iPods and iPads for Logan County Schools staff. The jury found that between 2011 and 2015, Doty stole at least 20 of these devices, and either sold them on eBay for profit, or gave them to family members as gifts. Doty directed the purchase of the devices or purchased them herself, and then sold them online or gave them away to her family.
Doty’s scheme also included ordering over $6,500 in wedding supplies with Logan County Board of Education money. These items included bread baskets, easels, drink dispensers, columns, decorative urns and a colonnade. Doty claimed that these items were requested by Logan County teachers. However, the teachers testified that they knew nothing of these orders and the items mostly remained in boxes until they were used for the wedding. Evidence at trial showed that Doty gave some of these items away to the wedding planner following the wedding.
Doty further attempted to cover up her scheme once an investigation into suspicious spending became public. She attempting to influence Logan County teachers of the falsehood that she had permission to take iPods purchased by the Logan County Board of Education. She also asked the wedding planner to return the gifted urns to a Logan County school.
Former Assistant United States Attorney Gabe Wohl and Assistant United States Attorney Erik S. Goes were responsible for the prosecution. The Federal Bureau of Investigation and the West Virginia Legislature Commission on Special Investigations investigated the matter. Senior United States District Judge David A. Faber presided over the hearing.
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Charleston Woman Pleads Guilty to Federal Drug ChargeRead the Press Release
CHARLESTON, W.Va. – A Charleston woman pled guilty today to a federal drug charge, announced United States Attorney Mike Stuart. Bree Eberbaugh, 28, pled guilty to one count of possession with intent to distribute fentanyl.
“According to data from the West Virginia Health Statistics Center, there have been 1,486 synthetic opioid-related overdose deaths among West Virginia residents from 2013-2017,” said United States Attorney Mike Stuart. “That’s why I am committed to prosecuting every case involving the illegal distribution of synthetic opioids. I will do everything within my power to save the lives of fellow West Virginians.”
Eberbaugh admitted that on August 28, 2017, her apartment was raided pursuant to a search warrant. During the search, over 50 grams of fentanyl was discovered. Eberbaugh stated that she believed she was selling heroin, but forensic analysts determined the substance to be fentanyl. Eberbaugh admitted that she helped arrange sales for the fentanyl and acknowledged that some fentanyl had been sold just prior to the search warrant. Eberbaugh also admitted that she had assisted another individual with selling and distributing fentanyl.
Eberbaugh faces a maximum of 20 years in federal prison when she is sentenced on July 1, 2019.
MDENT conducted the investigation. The plea hearing was held before United States District Judge David A. Faber. Assistant United States Attorney L. Alexander Hamner is handling the prosecution.
This case is being prosecuted as part of Operation Synthetic Opioid Surge (S.O.S.), an enforcement surge that seeks to reduce the supply of deadly synthetic opioids in high impact areas.
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###Charleston Man Sentenced to Prison for Federal Firearms CrimeRead the Press Release
CHARLESTON, W.Va. – A Charleston man was sentenced to 30 months in prison for a federal firearms crime, announced United States Attorney Michael B. Stuart. Michael Matthew Phillips, age 31, was convicted of possessing a firearm by a prohibited person in September of last year following a two-day jury trial. Senior District Court Judge David A. Faber presided over the trial and sentencing hearing.
“Another convicted felon with a gun,” said United States Attorney Mike Stuart. “We have prosecuted an outrageous number of these cases during the past year, and they just keep coming. And we’ll just keep prosecuting them.”
On January 24, 2017, Phillips was supposed to sell heroin and a firearm to a confidential informant. Phillips didn't bring heroin to the meeting because he was concerned that there were police officers in the area. However, Phillips took the confidential informant to an area where a 9mm handgun was hidden and sold the gun for $140. Phillips was a convicted felon and prohibited from possessing firearms.
The Kanawha County Sheriff’s Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) investigated the case. Assistant United States Attorney R. Gregory McVey 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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Charleston Man Sentenced for Federal Firearms CrimeRead the Press Release
CHARLESTON, W.Va. -- A Charleston, West Virginia man received a four year sentence for a federal firearms charge, announced United States Attorney Mike Stuart. Steven Belcher, 46, previously entered a guilty plea on May 23, 2018 to being a prohibited person in possession of a firearm. Stuart praised the work of the Charleston Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). After he discharges his sentence, Mr. Belcher will be placed on supervised release for three years. Mr. Belcher further agreed to abandon any interest in the recovered firearms as a term of his guilty plea.
“Another prohibited person with a gun,” said United States Attorney Mike Stuart. “As a result of his previous federal convictions in 1998, Belcher was sentenced to 54 months in federal prison. Now he’s going back for another four years.”
On August 21, 2017, Mr. Belcher was found by the Charleston Police Department in possession of a 9 mm Lorcin pistol and five rounds of ammunition. Mr. Belcher was a prohibited person due to his prior federal felony convictions of conspiring to deliver cocaine base and conspiring to possess a fully automatic machine gun. Both federal felony convictions stemmed from Mr. Belcher’s guilty verdict following a jury trial on July 22, 1998. On November 24, 1998, Mr. Belcher was sentenced to fifty-four months in federal prison. Mr. Belcher’s prior felony convictions make him ineligible to possess either a firearm or the ammunition for a firearm. ATF traced Mr. Belcher’s Lorcin 9mm gun, revealing that it had traveled in interstate commerce and giving the federal government jurisdiction over this crime. In an unrelated incident, Mr. Belcher also admitted to possessing a 12 gauge Winchester shotgun on October 4, 2017. This particular shotgun was further modified to have an illegal barrel length of less than 18 inches (commonly called a “sawed-off shotgun”). This shotgun also traveled in interstate commerce, giving the federal government jurisdiction to prosecute this firearm crime as well. Finally, Mr. Belcher was caught in February 14, 2018 illegally possessing ammunition—specifically four 20 gauge shotgun shells.
Assistant United States Attorney Erik S. Goes prosecuted the case. The hearing was conducted before Senior United States District Judge David A. Faber.
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 Man Sentenced for Drug and Gun CrimesRead the Press Release
CHARLESTON, W.Va. – A Charleston man, who previously pled guilty to drug and gun charges, was sentenced today to 120 months in prison, announced United States Attorney Mike Stuart. In September 2018, Shawn Gilmore, 49, pled guilty to all four counts of an indictment charging him with two counts of possession with intent to deliver heroin, possession of firearms in furtherance of a drug trafficking crime and being a felon in possession of firearms. Stuart commended the investigation conducted by the Charleston Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).
“10 years. 10 years in federal prison,” said United States Attorney Mike Stuart. “Gilmore had an extensive criminal history. He had guns. He was selling fentanyl laced heroin. Not the type of element we want to promote a thriving West Side community. We are working hard with our law enforcement partners to rid the West Side of people like Gilmore.”
Gilmore admitted that on March 8, 2018, he met an informant on Charleston’s west side to sell him heroin. An officer with Charleston Police Department stopped Gilmore and seized ½ gram of heroin he intended to sell to the informant. Officers searched Gilmore’s residence in Charleston and recovered over 100 grams of heroin and two loaded handguns. Gilmore has two prior felony convictions.
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.
Princeton Man Sentenced on Federal Drug ChargeRead the Press Release
BLUEFIELD, W.Va. – United States Attorney Mike Stuart announced today that a Princeton man was sentenced in federal court on his conviction for distributing cocaine. Jermaine Jones, 30, was sentenced to 21 months in prison.
“Cocaine, guns, and selling drugs,” said United States Attorney Mike Stuart. “Another drug dealer is off the streets, away from our families and communities and headed to a federal prison. Our drug task forces are working with a sense of urgency to keep our citizens safe and free from the drug demons that thrive on the innocent and vulnerable.”
Jones pled guilty in October, admitting that on March 30, 2018, he distributed a quantity of cocaine to a confidential informant near Bluewell in Mercer County. He further admitted that he sold cocaine in Mercer County on four other occasions in March and April of 2018, and that he possessed an additional amount of cocaine on April 4, 2018, at his residence in Princeton. Finally, he admitted that when authorities searched his residence, they found his two pistols.
This case was investigated by the Southern Regional Drug and Violent Crime Task Force. Assistant United States Attorney John File handled the prosecution. Senior United States District Judge David A. Faber imposed the sentence.
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PROJECT CHARLESTON UPDATE: Federal Jury Finds Charleston Meth Dealer Guilty of Drug CrimesRead the Press Release
CHARLESTON, W.Va. – A federal jury sitting in Charleston returned a guilty verdict today in the trial of a Kanawha County woman for distributing methamphetamine and conspiring to distribute at least 50 grams of methamphetamine.
“Project Charleston is working,” said United States Attorney Mike Stuart. “We have removed hundreds and hundreds of grams of meth from our city. In this case, more than 150 grams of methamphetamine were recovered in Charleston as a result of this operation. We are working with a sense of urgency to throw the drug dealers in prison and away from our families. West Virginia has paid too high a price due to the greed of those that prey on our communities. I want to commend the work of my prosecutors and MDENT officers for their work in this case. We are pleased that as a result of this verdict Charleston’s West Side will have one less meth dealer peddling poison on city streets.”
On June 18, 2018, Juanita Carrie Haynes, 54, of Charleston, sold about 3.5 grams of methamphetamine to a confidential informant. Based in part on that controlled purchase, police acquired a search warrant for the residence where the sale occurred. Officers executed that warrant on July 3, 2018, and recovered over 150 grams of methamphetamine.
Over the course of two days of testimony, witnesses for the United States described the extent of Haynes’ methamphetamine sales, most of which occurred out of a trailer located on Sissonville Road in Charleston. At the conclusion of the trial, the jury convicted Haynes on one count of distributing methamphetamine on June 18, 2018, and one count of conspiring to distribute more than fifty grams of methamphetamine in June and July of 2018.
Haynes faces a minimum of sentence of five years and a maximum sentence of forty years in prison when she is sentenced on May 31, 2019.
Haynes was one of several individuals arrested in November 2018 as a result of a long-term investigation into a drug trafficking organization on Charleston’s West Side.
The Metropolitan Drug Enforcement Network Team (MDENT) conducted the investigation. Assistant United States Attorneys Monica D. Coleman and Matt Davis are in charge of the prosecution and tried the case before a federal jury. United States District Judge John T. Copenhaver, Jr., presided over the trial.
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Kanawha County Man Pleads Guilty to Federal Drug ChargeRead the Press Release
CHARLESTON, W.Va. – A Kanawha County man pled guilty today to a federal drug charge, announced United States Attorney Mike Stuart. Kyle Randolph Thompson, 31, of Cross Lanes, pled guilty to one count of distribution of methamphetamine. The South Charleston Police Department conducted the investigation.
“Pure methamphetamine - powerful and potent,” said United States Attorney Mike Stuart. “Drug dealers, drug traffickers and drug thugs have levied serious damage to our communities and families. Our goal is to remove the bad guys from our streets so that the good guys can build a state filled with thriving communities and families.”
Thompson admitted that on January 31, 2017, he sold methamphetamine to a confidential informant. He told the court that he had met the informant, and sold over 12 grams of pure methamphetamine in exchange for $1,000 in U.S. currency. After the sale, Thompson was stopped and arrested, at which time he was found to be in possession of the currency, digital scales, and several cell phones.
Thompson faces a minimum of five years in federal prison and up to forty years when he is sentenced on May 22, 2019.
The plea hearing was held before United States District Judge Joseph R. Goodwin. Assistant United States Attorney L. Alexander Hamner is handling the prosecution.
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Federal Inmates Sentenced on Weapons ChargesRead the Press Release
BLUEFIELD, W.Va. – United States Attorney Mike Stuart announced today that two inmates at the Federal Correctional Institution at McDowell were sentenced on weapons charges in federal court in Bluefield. These cases were investigated by the Federal Bureau of Prisons. Senior United States District Judge David A. Faber imposed the sentences.
“If I had a nickel for every shank, I’d be a wealthy man,” said United States Attorney Mike Stuart. “Shanks are a danger to law enforcement and our prison support team members. We will never allow our team members to be placed at unnecessary risk. Every inmate we find with a shank or other prohibited item will be prosecuted to the full extent of the law.”
Colin Threadgill, 27, was sentenced to 15 months in prison for possessing a handcrafted weapon known as a “shank.” Threadgill pled guilty in January, admitting that on April 10, 2018, he possessed a shank which a staff member at the prison seized.
Sterling Cleggett, 35, was also sentenced to 15 months in prison. He pled guilty in August to possessing a shank at the prison on May 3, 2018.
Each sentence was imposed to begin following completion of the sentence the inmate was serving at the time he possessed the shank. Assistant United States Attorney John File handled the prosecutions.
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Charleston Man Sentenced for Gun CrimeRead the Press Release
CHARLESTON, W.VA. – United States Attorney Mike Stuart announced today that a Charleston man was sentenced for being a felon in possession of a firearm. Chadwick Taylor, 30, was sentenced to 24 months in prison. The case was investigated by the Charleston Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).
“A simple scenario that is repeated over and over again - a felon in possession of a firearm,” said United States Attorney Mike Stuart. “A felon has lost the right to a firearm. We prosecute these types of cases by the barge load and we will seek the toughest sentences available under the law.”
Taylor pled guilty on December 4, 2018, admitting that on June 4, 2018, he was in possession of a firearm and that he is prohibited from being in possession of a firearm due to his prior conviction of a felony offense.
Assistant United States Attorney Chris Arthur handled the prosecution. Senior United States District Judge John T. Copenhaver, Jr. imposed the sentence.
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Bluefield Man Pleads Guilty to Federal Drug ChargeRead the Press Release
BLUEFIELD, W.Va. – United States Attorney Mike Stuart announced today that a Bluefield, West Virginia, man pled guilty to a drug offense in federal court in Bluefield. Alvin Gardner, 31, pled guilty to distribution of oxymorphone. This case was investigated by the Southern Regional Drug and Violent Crime Task Force.
“The illicit sale of prescription pills is a substantial threat throughout southern West Virginia,” said United States Attorney Mike Stuart. “Whether you are a drug trafficker, drug dealer, drug thug or a drug dealer in a lab coat, we are coming after anyone that perpetuates or perpetuated the opioid crisis. I will do everything in my power to protect the people of West Virginia from the sinister forces undermining our communities and families.”
Gardner admitted that on August 15, 2018, he distributed a quantity of oxymorphone to a confidential informant in Bluefield. He further admitted that he distributed oxymorphone on three other occasions and that on August 21, 2018, he possessed with the intent to distribute approximately 193 oxymorphone pills and 165 oxycodone pills at a residence in Bluefield. Gardner faces up to 20 years in prison when he is sentenced on July 2, 2019.
Assistant John File is handling the prosecution. Senior United States District Judge David A. Faber presided at the plea hearing.
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Statement of United States Attorney Mike Stuart Regarding Meeting with Attorney General William BarrRead the Press Release
CHARLESTON, W.Va. – United States Attorney Mike Stuart issued the following statement after meeting with Attorney General William Barr:
“Today, I had the honor of meeting with Attorney General Barr at his office in Washington to discuss matters of critical importance to the people of West Virginia. He understands West Virginia and our unique challenges. This Attorney General truly appreciates West Virginia and is committed to ending the opiate crisis, supporting law enforcement, and reducing crime for our families and communities. He is very supportive of my efforts in West Virginia to aggressively attack the drug scourge, violent crime, public corruption, health care fraud and other critical priorities. I look forward to working directly with Attorney General Barr and his team to advance the priorities of the Department of Justice and this Administration throughout the great state of West Virginia. I believe it is fair to say that the people of West Virginia have a great friend and champion in Attorney General Barr.”
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Four Men Sentenced for Immigration CrimesRead the Press Release
CHARLESTON, W.Va. – United States Attorney Mike Stuart announced that four foreign nationals, all previously convicted of Reentry of a Removed Alien, were sentenced in federal court today. Stuart commended the investigative efforts of the U.S. Immigration and Customs Enforcement (ICE).
“All four defendants had prior deportations,” said United States Attorney Mike Stuart. “We must secure the border and end this revolving door. Those who want to enter this great country, must do so by following our laws and all lawful entrants are welcome. Those we find that have illegally entered the United States will face prosecution.”
Appearing before United States District Judge Irene C. Berger in Beckley:
Heriberto Tadeo, a Mexican national, was sentenced to “time served” and was immediately remanded to ICE authorities for deportation proceedings. Tadeo has been in federal custody since October 17, 2018—four months. On October 17, 2018, Tadeo was found in Greenbrier County, West Virginia working at a turkey farm. Federal agents with ICE had received a tip that Tadeo was working at a turkey farm illegally and ICE agents located Tadeo there. Agents immediately confirmed that Tadeo was not in the United States legally. ICE agents took Tadeo into federal custody. Tadeo’s fingerprints matched him to a single prior encounter in 2016 where he was found in Hidalgo, Texas illegally and deported from the United States to Mexico. Tadeo illegally reentered the United States a second time prior to his capture in 2018. Tadeo had not obtained permission to legally enter the United States and had not sought legal status or citizenship. Tadeo also admitted to ICE agents that he was a Mexican citizen.
Wilfredo Artiago-Mejia, a Honduran national, was sentenced to “time served” and was immediately remanded to ICE authorities for deportation proceedings. Artiaga-Mejia has been in federal custody since August 29, 2018—nearly six months. In August 2018, Artiaga-Mejia was found in Greenbrier County, West Virginia working at a turkey farm. Federal agents with ICE had received a tip that Artiaga-Mejia was working at a turkey farm illegally and ICE agents located Artiaga-Mejia there. Agents immediately confirmed that Artiaga-Mejia was not in the United States legally. ICE agents took Artiaga-Mejia into federal custody. Wilfredo Artiaga-Mejia fingerprints matched him to two prior encounters in 2011 and 2013 where he was found in the United States illegally and deported from the United States to Honduras. In 2013, he was also convicted of Illegal Entry into the United States in United States District Court from the Western District of Texas. Artiaga-Mejia illegally reentered the United States a third time prior to his capture in 2018. Artiaga-Mejia had not obtained permission to legally enter the United States and had not sought legal status or citizenship. Artiaga-Mejia also admitted to ICE agents that he was a Honduran citizen.
Assistant United States Attorney Erik S. Goes is responsible for the prosecution of Tadeo and Artiaga-Mejia.
Appearing before United States District Judge Robert C. Chambers in Huntington:
Sebastian Gonzalez-Cid, a Mexican national, was sentenced to “time served” and was immediately remanded to ICE authorities for deportation proceedings. Gonzalez-Cid, 26, has been in federal custody since December 6, 2018—over three months. On December 6, 2018, Gonzalez-Cid was found in Huntington, Cabell County, West Virginia by ICE agents who received a tip he was working in the area. Federal agents with ICE had specifically received a tip that Gonzalez-Cid was working illegally and ICE agents located him at his place of residence. Agents immediately confirmed that Gonzalez-Cid was not in the United States legally. ICE agents took Gonzalez-Cid into federal custody. Gonzalez-Cid’s fingerprints matched him to a single prior encounter in 2017 where he was found in South Charleston, West Virginia illegally and deported from the United States to Mexico. Gonzalez-Cid illegally reentered the United States a second time prior to his capture in 2018. Gonzalez-Cid had not obtained permission to legally enter the United States and had not sought legal status or citizenship. Gonzalez-Cid also admitted to ICE agents that he was a Mexican citizen.
Marcus Tojin-Tui, a Guatemalan national, was sentenced to “time served” and was immediately remanded to ICE authorities for deportation proceedings. Tojin-Tiu, 26, has been in federal custody since October 30, 2018—over four months. On October 30, 2018, Tojin-Tiu was found in Huntington, Cabell County, West Virginia by ICE agents who received a tip he was working in the area. Federal agents with ICE had specifically received a tip that Tojin-Tiu was working illegally at a restaurant and ICE agents located him at his place of residence. Agents immediately confirmed that Tojin-Tiu was not in the United States legally. ICE agents took Tojin-Tiu into federal custody. Tojin-Tiu’s fingerprints matched him to a single prior encounter in 2012 where he was found in Harlington, Texas illegally and deported from the United States to Guatemala. Tojin-Tiu illegally reentered the United States a second time prior to his capture in 2018. Tojin-Tiu had not obtained permission to legally enter the United States and had not sought legal status or citizenship. Tojin-Tiu also admitted to ICE agents that he was a Guatemalan citizen.
Assistant United States Attorneys Erik S. Goes and Ryan Keefe are responsible for the prosecution of both Gonzalez-Cid and Tojin-Tui.
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Federal Inmate Sentenced for Possessing WeaponRead the Press Release
BECKLEY, W.Va. – United States Attorney Mike Stuart announced that an inmate at the Federal Correctional Institution at Beckley was sentenced to 15 months in prison for possessing a weapon. Dave Berrios-Hernandez, 24, pled guilty in November, admitting that on September 5, 2017, while he was an inmate at the prison, he possessed a handcrafted weapon commonly known as a “shank.” The weapon was seized by a staff member at the prison after Berrios-Hernandez threw it down. The sentence will run consecutively to the sentence Berrios-Hernandez is now serving.
This case was investigated by the Federal Bureau of Prisons. Assistant United States Attorney John L. File handled the prosecution. United States District Judge Irene C. Berger imposed the sentence.
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St. Albans Woman Pleads Guilty to Federal Drug CrimesRead the Press Release
CHARLESTON, W.Va. – A St. Albans woman pled guilty today to federal drug crimes, announced United States Attorney Mike Stuart. Amy Wilkinson, 44, of St. Albans, West Virginia, entered her guilty plea to one count of possession with intent to distribute fentanyl, and one count of possession with intent to distribute heroin. Stuart commended the investigative efforts of the Kanawha County Sheriff’s Department STOP Team and the Drug Enforcement Administration Task Force.
“Fentanyl and heroin have killed far too many West Virginians,” said United States Attorney Mike Stuart. “As part of Operation Synthetic Opioid Surge (SOS), we are prosecuting every readily provable case involving the distribution of fentanyl, regardless of quantity. Operation SOS will save lives.”
During Wilkinson’s plea hearing, it was established that Wilkinson possessed controlled substances with the intent to distribute on two different dates. On February 22, 2017, officers with the Kanawha County Sheriff’s Department and DEA Task Force Officers executed a search warrant on Empire Drive near St. Albans. During the execution of the search warrant, officers found Wilkinson inside the residence in possession of fentanyl that was individually packaged for distribution. Wilkinson admitted on that date that she intended to distribute the fentanyl in and around Kanawha County.
On March 2, 2017, Wilkinson was again caught in possession of a controlled substance with the intent to distribute. An investigation by the Kanawha County Sheriff’s Department discovered that Wilkinson had been selling drugs from a motel room in St. Albans. A search of the motel room revealed that Wilkinson was in possession of 23 grams of heroin that she admitted she intended to distribute in the Southern District of West Virginia.
Wilkinson now faces a sentence of up to twenty years on the drug charges and a fine of up to $1,000,000 when she is sentenced on May 22, 2019.
Assistant United States Attorney Timothy D. Boggess is responsible for the prosecution. The plea hearing was held before United States District Judge Joseph R. Goodwin.
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St. Albans Woman Pleads Guilty to Federal Drug CrimesRead the Press Release
CHARLESTON, W.Va. – A St. Albans woman pled guilty today to federal drug crimes, announced United States Attorney Mike Stuart. Amy Wilkinson, 44, of St. Albans, West Virginia, entered her guilty plea to one count of possession with intent to distribute fentanyl, and one count of possession with intent to distribute heroin. Stuart commended the investigative efforts of the Kanawha County Sheriff’s Department STOP Team and the Drug Enforcement Administration Task Force.
“Fentanyl and heroin have killed far too many West Virginians,” said United States Attorney Mike Stuart. “As part of Operation Synthetic Opioid Surge (SOS), we are prosecuting every readily provable case involving the distribution of fentanyl, regardless of quantity. Operation SOS will save lives.”
During Wilkinson’s plea hearing, it was established that Wilkinson possessed controlled substances with the intent to distribute on two different dates. On February 22, 2017, officers with the Kanawha County Sheriff’s Department and DEA Task Force Officers executed a search warrant on Empire Drive near St. Albans. During the execution of the search warrant, officers found Wilkinson inside the residence in possession of fentanyl that was individually packaged for distribution. Wilkinson admitted on that date that she intended to distribute the fentanyl in and around Kanawha County.
On March 2, 2017, Wilkinson was again caught in possession of a controlled substance with the intent to distribute. An investigation by the Kanawha County Sheriff’s Department discovered that Wilkinson had been selling drugs from a motel room in St. Albans. A search of the motel room revealed that Wilkinson was in possession of 23 grams of heroin that she admitted she intended to distribute in the Southern District of West Virginia.
Wilkinson now faces a sentence of up to twenty years on the drug charges and a fine of up to $1,000,000 when she is sentenced on May 22, 2019.
Assistant United States Attorney Timothy D. Boggess is responsible for the prosecution. The plea hearing was held before United States District Judge Joseph R. Goodwin.
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South Point Man Pleads Guilty to Federal Meth ChargeRead the Press Release
HUNTINGTON, W.Va. – A South Point, Ohio man who was caught selling methamphetamine in Huntington last year pled guilty today to a federal drug charge, announced United States Attorney Mike Stuart. Jose Cisneros, 28, entered a guilty plea to distributing methamphetamine in federal court in Huntington. Stuart commended the investigative efforts of the FBI Drug Task Force.
“Meth dealers have flooded our communities,” said United States Attorney Mike Stuart. “But we’re up to the task. We’re working hand-in-hand with law enforcement to send them packing.”
On October 25, 2018, an informant working at the direction of the FBI contacted Cisneros to arrange a meth transaction. Cisneros subsequently met the informant at a location in Huntington where he sold the informant one and a half ounces of methamphetamine in exchange for $650. Cisneros was arrested on November 6, 2018, in the 2900 block of 5th Avenue in Huntington and agents seized additional meth that Cisneros intended to distribute.
Cisneros faces up to 20 years in federal prison when he is sentenced on June 3, 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 Woman Sentenced to Prison for Federal Drug ChargeRead the Press Release
HUNTINGTON, W.Va. – A Huntington woman was sentenced today to 72 months for a federal drug charge, announced United States Attorney Mike Stuart. Amanda Hatfield, 26, previously pled guilty plea to an indictment charging her with possession with the intent to distribute 50 grams or more of methamphetamine. The Huntington Police Department conducted the investigation.
“Dealing meth will get you a long stay in federal prison,” said United States Attorney Mike Stuart. “Hatfield was caught with more than 200 grams of methamphetamine and the result is 6 years behind bars. In every case of drug dealing, we’ll do our best to lock you up away from our families as long as possible.”
Hatfield admitted that on June 1, 2017, officers searched her vehicle and found approximately 86 grams of methamphetamine. As part of the plea agreement, Hatfield also admitted that officers conducted a search warrant on her residence and located approximately 116 grams of methamphetamine. She admitted she intended to sell the methamphetamine.
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 Distributing Fentanyl and MethamphetamineRead the Press Release
HUNTINGTON, W.Va. – A Huntington man caught selling fentanyl and methamphetamine last year in Huntington pled guilty today to a federal drug charge, announced United States Attorney Mike Stuart. Brandon Scott Kidd, 39, entered a guilty plea to distributing fentanyl and methamphetamine in federal court in Huntington. Stuart commended the investigative efforts of the FBI Drug Task Force and the Cabell County Sheriff’s Department.
“Kidd was selling fentanyl, heroin and meth in Huntington,” said United States Attorney Mike Stuart. “Getting him and others like him off our streets and out of our towns is a priority for me and this office.”
On July 16, 2018, an informant working at the direction of the Cabell County Sheriff’s Department went to Kidd’s residence located at 831 15th Street in Huntington to purchase fentanyl. Inside the residence, Kidd sold the informant fentanyl in exchange for $220. Kidd then offered to sell, and sold, the informant methamphetamine in addition to the fentanyl. Later that day, deputies executed a search warrant at Kidd’s residence. During the search, deputies recovered approximately 12 grams of fentanyl and approximately 48 grams of methamphetamine.
As part of his plea agreement, Kidd admitted that he distributed fentanyl, heroin, and methamphetamine in Huntington between July of 2017 and July of 2018. Kidd further admitted that he allowed others to stay in his residence for the purchase of storing and selling drugs.
Kidd faces up to 20 years in federal prison when he is sentenced on June 10, 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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Georgia Man Sentenced to Prison for Federal Drug ChargeRead the Press Release
HUNTINGTON, W.Va. – A Georgia man was sentenced today to 15 months for a federal drug charge, announced United States Attorney Mike Stuart. Jahrius Whitehead, 26, previously entered a guilty plea to an indictment charging him with possession with the intent to distribute cocaine and marijuana. The Kenova Police Department conducted the investigation.
“Selling cocaine and marijuana – a big problem that needs to end,” said United States Attorney Mike Stuart. “Whitehead tried to run but law enforcement was too quick. Good work by the Kenova Police Department in keeping these dangerous drugs off the streets.”
Whitehead admitted that on September 5, 2018, he was pulled over on I-64 for speeding. Whitehead fled the traffic stop. Officers pursued him on I-64. Whitehead wrecked his vehicle and ran from his vehicle on foot. Officers found him a short distance from the interstate. After he gave officers consent to search his vehicle, officers located approximately 151 grams of cocaine and approximately 392 grams of marijuana. He admitted to officers that he had traveled to Huntington to sell the cocaine and marijuana.
United States District Judge Robert C. Chambers imposed the sentence. Assistant United States Attorney Stephanie S. Taylor handled the prosecution.
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Clay County Man Pleads Guilty to Federal Firearms ChargeRead the Press Release
CHARLESTON, W.VA. – A Clay County man pled guilty to a federal firearms charge, said United States Attorney Mike Stuart. Timothy Fields, 40, of Procious, pled guilty to being a felon in possession of firearms. The investigation was conducted by the Jackson County Probation Office, Clay County Sheriff’s Department, and the Bureau of Alcohol, Tobacco, Firearms and Explosives.
“Don’t make the mistake of thinking possession of a firearm is a minor offense if you’re a felon,” said United States Attorney Mike Stuart. “Fields faces up to 10 years in prison. It is entirely simple. If you’re a felon, you’ve lost the right to possess a firearm.”
On October 23, 2017, Fields was found by his probation officer to be in possession of at least thirteen firearms in his residence in Clay County. At the time, Fields was on probation following a felony conviction for grand larceny out of Jackson County, West Virginia. Fields faces up to 10 years in prison when he is sentenced on May 29, 2019.
United States District Judge John T. Copenhaver, Jr., presided over the plea hearing. Assistant United States Attorney Jennifer Rada Herrald is handling 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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Barboursville Woman Pleads Guilty to Federal Drug ChargeRead the Press Release
HUNTINGTON, W.Va. – A Barboursville woman pled guilty today to a federal drug charge, announced United States Attorney Mike Stuart. Elizabeth Powers, 29, entered a guilty plea to an indictment charging her with possession with the intent to distribute 500 grams or more of cocaine. The Kenova Police Department conducted the investigation.
“The highway interdiction efforts of our law enforcement partners keep a significant amount of illicit drugs from ever making it into our communities,” said United States Attorney Mike Stuart. “I applaud the officers who do this dangerous but vital work.”
Powers admitted that on June 14, 2018, she was pulled over on I-64 in Wayne County. Officers found a black bag in her vehicle that contained one kilogram of cocaine. She told officers she intended to sell the cocaine for money.
Powers faces between five and forty years in prison when she is sentenced on June 3, 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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Project Parkersburg Update: Two Parkersburg Residents Plead Guilty to Federal Methamphetamine ChargesRead the Press Release
CHARLESTON, W.Va. – Two Parkersburg residents arrested as part of Project Parkersburg – a major takedown and dismantling of a multi-state drug trafficking organization (DTO) responsible for distributing methamphetamine and heroin -- pled guilty to conspiracy to distribute 50 grams or more of methamphetamine, announced United States Attorney Mike Stuart. Amy Rake, 38, and Edward Marks, 32, entered guilty pleas before United States District Judge Irene C. Berger. Stuart commended the investigative efforts of the FBI, the Parkersburg Police Department, the Dayton Ohio Police Department, and the Parkersburg Narcotics and Violent Crime Task Force. The long-term, joint investigation resulted in at least 29 individuals being charged in federal and state court, the seizure of 150 pounds of methamphetamine and 4 pounds of heroin.
“The Project Parkersburg takedown was the largest meth bust in the history of not only West Virginia but also Ohio,” said United States Attorney Mike Stuart. “Project Parkersburg was only the start of our efforts to remove drug dealers like Rake and Marks from the streets of Parkersburg and the surrounding area. Not only did our efforts rid the community of more than two dozen drug dealers, it prevented hundreds of pounds of methamphetamine and heroin from poisoning our families and our kids.”
Rake and Marks admitted that they had been part of a methamphetamine distribution ring operating in and around Parkersburg from at least February 2018 until they were arrested on September 20, 2018. The investigation identified Rakes and Marks as street level dealers supplied by local distributors being supplied by sources in Phoenix, Arizona. Both defendants admitted receiving methamphetamine in multiple ounce quantities at a time and selling it to local users and dealers.
Rakes and Marks were charged with 15 other defendants in a two-count federal indictment in October 2018. They each face 5 years to 40 years in federal prison when they are sentenced. Rake is scheduled to be sentenced on June 12, 2019, and Marks will be sentenced on June 26, 2019.
Assistant United States Attorney Joshua C. Hanks is responsible for the prosecution.
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Kanawha County Man Pleads Guilty to Federal Drug and Gun ChargesRead the Press Release
CHARLESTON, W.Va. – A Kanawha County man pled guilty today to federal drug and gun charges. James Michael Hill, 50, of South Charleston, pled guilty to three counts of distribution of marijuana and one count of possession of a firearm by a prohibited person. Stuart praised the investigation conducted by MDENT.
“A convicted felon with multiple firearms. Marijuana is illegal and my office aggressively prosecutes its distribution,” said United States Attorney Mike Stuart. “22 pounds of pot, nearly $35,000, and firearms. This is an egregious case and another example of the criminal activity underlying the marijuana industry. I want to thank MDENT for excellent work in the case. We rely on the excellent work of our task forces who, in turn, are funded by the illegal assets underlying these types of cases.”
Hill admitted that on April 30, 2018, he sold marijuana to a confidential informant. He also admitted to having an associate of his sell marijuana to a confidential informant on May 7 and May 9 of 2018. Based on those sales and a subsequent search warrant, MDENT detectives were able to seize over 10 kilograms of marijuana, $34,904 in U.S. currency, two luxury vehicles, and five firearms belonging to Hill. Hill agreed that the money, vehicles, and firearms were tied to his drug operation and proceeds. Hill was previously convicted in federal court in April of 2001 for distribution of a cocaine base.
Hill faces up to 25 years in federal prison when he is sentenced on May 21, 2019.
United States District Judge John T. Copenhaver, Jr. presided over the plea hearing. Assistant United States Attorney L. Alexander Hamner is handling the prosecution.
This case was prosecuted as part of Project Safe Neighborhoods (PSN), 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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United States Attorney Mike Stuart Forms Health Care Abuse, Recovery and Response Team ("ARREST") to Intensify Response to Opioid Epidemic and Health Care FraudRead the Press Release
ARREST Team is New Approach to Solving Crisis
Medicaid Fraud Estimated at More Than $150 Billion Annually in U.S.
CHARLESTON, W.Va. – United States Attorney Mike Stuart, joined by Assistant Special Agent in Charge Mary Ann Withrow, U.S. Department of Health and Human Services Office of Inspector General (OIG), Supervisory Senior Resident Agent Wes Quigley, Federal Bureau of Investigation (FBI), Group Supervisor Jim Hischar, Drug Enforcement Administration and Director Mike Malone and Investigative Supervisor Jason Fisher, West Virginia Medicaid Fraud Control Unit, announced the formation of a Health Care 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.
All health care related cases in the Southern District of West Virginia, whether they are the subject of criminal or civil investigation or enforcement, will be 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.
“The formation of ARREST is unique in the country,” said United States Attorney Mike Stuart. “To my knowledge, this is the first district in the country that has broken down all barriers between civil and criminal efforts to ensure a comprehensive and intense approach to ending the opioid crisis and rooting out health care related fraud. Health care and Medicaid fraud is a crisis in the country, for taxpayers, and for rate payers, with an estimated $150 billion in fraud annually. I intend to turn a microscope on fraudulent activities in the Southern District of West Virginia.”
“ARREST is simple,” continued United States Attorney Mike Stuart. “We are establishing a level of teamwork, cooperation, and communication that is an unparalleled approach to health care related enforcement efforts across all disciplines. The creation of ARREST formalizes our commitment to an aggressive, organized and strategic approach to attacking the opioid epidemic as well as targeting health care fraud and abuse both civilly and criminally.”
“The FBI and our partners are using every tool we have to fight health care fraud and opioid abuse in West Virginia,” said Special Agent in Charge Robert Jones. “The FBI works tirelessly to make sure medical professionals who contribute to the drug crisis tearing families apart and putting patients at risk are brought to justice."
“The newly formed team will combine the talents, dedication, and resources of federal law enforcement and the State of West Virginia to fight healthcare fraud and dismantle drug diversion,” said Maureen R. Dixon, Special Agent in Charge for the Department of Health and Human Services, Office of Inspector General (HHS-OIG). “We look forward to working with the U.S. Attorney and our fellow law enforcement partners to take illegal prescriptions drugs off our streets, protect Medicare and Medicaid beneficiaries from harm, and ensure the integrity of U.S. taxpayer funds.”
“The Drug Enforcement Administration remains committed to fighting the opioid crisis with every available resource,” said D. Christopher Evans, Special Agent in Charge of DEA’s Louisville Field Division, which covers West Virginia, Kentucky, and Tennessee. “The strategic partnership created by the ARREST initiative will help DEA and our partners better channel those resources to great effect for the people of West Virginia,” Evans added.
“The Medicaid Fraud Control Unit of the Office of Inspector General within the West Virginia Department of Health and Human Resources is proud to be part of the U.S. Attorney’s Health Care Abuse, Recovery and Response Team,” said Michael Malone, Director of the Medicaid Fraud Control Unit. “We look forward to playing an important role in combating the opioid crisis and protecting the integrity of all health care programs for West Virginia citizens and their tax dollars.”
Assistant United States Attorney Alan McGonigal is serving as the Chair of ARREST. He will work in conjunction with Assistant United States Attorney Haley Bunn, who will head up the team’s criminal drug diversion efforts, and Assistant United States Attorney Meredith George Thomas, who will oversee the team’s criminal health care fraud matters. In addition, a Health Care Fraud Prevention Partnership is being established, which consists of voluntary public/private partnerships between the federal government, state agencies, law enforcement, private health insurance plans, employer organizations and health care anti-fraud associations. The purpose of the partnership is to exchange data and information between partners to help improve capabilities to fight fraud, waste and abuse in the health care system.
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Ohio Man Pleads Guilty to Federal Firearms ChargeRead the Press Release
CHARLESTON, W.VA. – An Ohio man pled guilty to a federal firearms charge, said United States Attorney Mike Stuart. Brandon Ray Simpson, 29, pled guilty to being in possession of a firearm with an obliterated serial number. The investigation was conducted by the West Virginia State Police and the Bureau of Alcohol, Tobacco, Firearms and Explosives.
On February 7, 2017, the West Virginia State Police stopped a vehicle in the Mill Creek Area, Logan County, West Virginia, for the driver’s failure to wear a seat belt. The Trooper also recognized the driver and knew the driver’s license was suspended. Simpson was in the vehicle as the passenger and he exited the vehicle running from the State Police. Simpson had a firearm in his waistband, and attempted to discard the firearm by tossing it into a nearby creek. Trooper caught Simpson and retrieved the firearm from the creek. The gun’s serial number was obliterated, likely with a grinder.
Simpson faces up to 10 years in prison on the possession of an obliterated serial number charge when he is sentenced on May 20, 2019.
United States District Judge Joseph R. Goodwin presided over the plea hearing. Assistant United States Attorney Chris Arthur is handling 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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