Southern District of West Virginia
Press releases recorded for this federal judicial district.
Ohio doctor sentenced for two drug-related feloniesRead the Press Release
CHARLESTON, W.Va. – United States Attorney Booth Goodwin announced today that Dr. Robert Timothy Hogan II, 33, of Coolsville, Ohio, was sentenced to 48 months in federal prison, followed by three years of supervised release.
On Oct. 15, 2014, Hogan pleaded guilty to traveling in interstate commerce and using a communications device to facilitate a felony.
“It’s appalling that a licensed physician would pump illegal pills into our communities like this,” Goodwin said. “Every time we put a law-breaking doctor out of business is a big step toward getting this problem under control.”
Hogan admitted to traveling between Athens County, Ohio, and Wood County, West Virginia, and using his cellphone to facilitate an arrangement in which he wrote prescriptions for controlled substances to an individual who was not his patient, and for which there was no legitimate medical purpose for receiving half the pills after the prescriptions were filled. He wrote more than 160 illegal prescriptions, for more than 17,000 pills between January 2013 and February 2014.
United States District Judge John T. Copenhaver, Jr. imposed the sentence.
The investigation was conducted by the West Virginia State Police and Federal Bureau of Investigation. Assistant United States Attorney Steven Loew handled the prosecution of this case.
The case is being prosecuted as part of an ongoing effort led by the United States Attorney’s Office for the Southern District of West Virginia to combat the illicit sale and misuse of prescription drugs and heroin. The U.S. Attorney’s Office, joined by federal, state and local law enforcement agencies, is committed to aggressively pursuing and shutting down illegal pill and heroin trafficking, eliminating open air drug markets, and curtailing the spread of opiate painkillers and heroin in communities across the Southern District.
Huntington man sentenced for distribution of oxymorphoneRead the Press Release
HUNTINGTON, W.Va. – United States Attorney Booth Goodwin announced today that Joey Jamal Braggs, also known as “Fresh,” 30, of Huntington, West Virginia, was sentenced to 12 months and one day in federal prison.
Braggs pleaded guilty in September 2014, to selling oxymorphone to a confidential informant.
On July 25, 2014, Braggs met with and sold the informant 10 oxymorphone pills in exchange for $600. Braggs sold eight additional 40-mg oxymorphone pills to the informant through a middle man on July 28, 2014.
Chief United States District Judge Robert C. Chambers imposed the sentence.
The investigation was conducted by the Huntington Violent Crime and Drug Task Force. Assistant United States Attorney Gregory McVey handled the prosecution of this case.
Huntington man pleads guilty to federal heroin chargeRead the Press Release
HUNTINGTON, W.Va. – United States Attorney Booth Goodwin announced today that Thomas Edward Hill, 40, of Huntington, West Virginia, pleaded guilty to distributing heroin.
On May 21, 2014, officers utilized a confidential informant to arrange a heroin transaction through Clarence Edward House II, also known as “Nitty.” The informant contacted House and negotiated the purchase of 7.5 grams of heroin in exchange for $800. House and Hill later met with the informant in House’s vehicle, where Hill distributed the heroin to the informant at House’s direction.
House pleaded guilty to aiding and abetting the distribution a quantity of heroin on Dec. 8, 2014.
Hill faces up to 20 years in federal prison, and is scheduled to be sentenced on April 13, 2015.
Chief United States District Judge Robert. C. Chambers presided over the plea hearing.
The Federal Bureau of Investigation Drug Task Force conducted the investigation. Assistant United States Attorney Joseph Adams is in charge of the prosecution.
This case is being prosecuted as part of an ongoing effort led by the United States Attorney’s Office for the Southern District of West Virginia to combat the illicit sale and misuse of prescription drugs and heroin. The U.S. Attorney’s Office, joined by federal, state and local law enforcement agencies, is committed to aggressively pursuing and shutting down illegal pill trafficking, eliminating open air drug markets, and curtailing the spread of opiate painkillers and heroin in communities across the Southern District.
Detroit man sentenced for felony possession of firearm, supervised release revocationRead the Press Release
HUNTINGTON, W.Va. – United States Attorney Booth Goodwin announced today that Keival Lewis Kelley, also known as “Swell,” 31, of Huntington, West Virginia, was sentenced to 70 months in federal prison for being a felon in possession of a firearm and 24 months for a supervised release revocation.
Kelley pleaded guilty in December 2014, to being a felon in possession of a firearm.
On July 2, 2014, Kelley was arrested in Huntington on a federal warrant for heroin trafficking. At the time of his arrest he was found to be in possession of a loaded Taurus .25-caliber semi-automatic pistol. He had previously been convicted of crack distribution in the Southern District of West Virginia, and was serving a term of supervised release when arrested.
Chief United States District Judge Robert C. Chambers imposed the sentence.
The investigation was conducted by the Huntington Violent Crime and Drug Task Force. Assistant United States Attorney Joshua Hanks handled the prosecution of this case.
The case is being prosecuted as part of Project Safe Neighborhoods. Project Safe Neighborhoods is a commitment of U.S. Attorney Goodwin’s office and other officials nationwide to reduce gun crime in the United States by networking existing local programs targeting gun crime.
Vienna man sentenced for participating in drug distribution ringRead the Press Release
CHARLESTON, W.Va. – United States Attorney Booth Goodwin announced today that Timothy A. Fields, 38, of Vienna, West Virginia, was sentenced to 72 months in federal prison with 3 years supervised release.
Bennett pleaded guilty in October 2014, to participating in a marijuana and cocaine distribution ring operating in and around Parkersburg, West Virginia and Belpre, Ohio. He admitted to receiving drugs through the mail, distributing the drugs and delivering or wiring cash proceeds at the direction of another party.
Between October 2013 and April 2014, task for officers from the Washington County Major Crimes Task Force (Ohio) and the Parkersburg Narcotics and Violent Crimes Task Force made multiple controlled purchases of marijuana and cocaine from Fields and other members of the distribution ring.
The investigation was conducted by the Internal Revenue Service, Parkersburg Narcotics and Violent Crimes Task Force and Washington County Major Crimes Task Force
United States District Judge John T. Copenhaver imposed the sentence.
Assistant United States Attorney Joshua Hanks handled the prosecution of this case.
Goodwin thanks law enforcement officers on National Law Enforcement DayRead the Press Release
CHARLESTON, W.Va. – U.S. Attorney Booth Goodwin today made the following statement thanking law enforcement officers on National Law Enforcement Appreciation Day:
“Friday, Jan. 9, 2015, is National Law Enforcement Appreciation Day. While what our law enforcement officers do is important every day, events across the nation encourage taking the time to reflect on the service of our law enforcement officers and thanking them for the sacrifices they make.
“Law enforcement officers do it all. Whether it’s helping a victim of a car wreck, apprehending a gun-wielding robbery suspect or stopping drug traffickers from ravaging our communities, we can count on them to respond.
“The noblest thing a person can do is give up his or her own safety and comfort for the good of those around them. Law enforcement officers have chosen sacrifice as a way of life. They’ve traded what might have been an easy job behind a desk for a hard one on the streets. They’ve traded what might have been a lucrative job for one with more modest financial rewards.
“Most of all, law enforcement officers have traded what might have been a safe job for one that’s dangerous.
“The work that law enforcement officers love, and perform so well, is not just a job – it’s a calling. I will always be inspired by their selfless and devoted service. The sacrifices they make day in and day out, especially the ultimate sacrifice made by their fallen comrades, is a reminder to us of what is the very best about our country. Let’s never forget to thank them, today, and every day.”
Oceana man sentenced for structuring financial transactionsRead the Press Release
BECKLEY, W.Va. – United States Attorney Booth Goodwin announced today that Jerry H. Harvey, Jr., 51, of Oceana, West Virginia, was sentenced to 36 months in federal prison, followed by a three-year term of supervised release.
Harvey pleaded guilty in July 2014, to aiding and abetting the structuring of financial transactions for the purpose of evading bank reporting requirements. He admitted that for more than a year, he and others intentionally made multiple bank withdrawals not exceeding $10,000 so the bank would not report the withdrawals. Banks are required to report withdrawals exceeding $10,000 to the Internal Revenue Service.
Harvey further admitted that the withdrawn funds were profits he made while engaged in the interstate transportation and receipt of stolen property. He admitted he gained more than $100,000 from the illegal activity. The crime took place near Harvey’s home in Oceana.
The case was investigated by the Internal Revenue Service and the Federal Bureau of Investigation.
United States District Judge Irene C. Berger imposed the sentence.
Assistant United States Attorney Miller Bushong handled the prosecution of this case.
Former state employee sentenced for fraudRead the Press Release
CHARLESTON, W.Va. – United States Attorney Booth Goodwin announced today that Shannon Collins, 41, of Logan, West Virginia, was sentenced to five years of probation, with a condition that she spend one year in home confinement.
Johnston also ordered Collins to pay restitution of $58,264 to the West Virginia Department of Health and Human Resources.
In 2009, Collins, also known as Shannon Varney, was a caseworker in the Logan DHHR office. She used the social security numbers of two deceased individuals to set up false accounts from which she claimed benefits from a state fund established to transport children to and from medical care. Collins also fraudulently charged expenses to two Supplemental Nutrition Assistance Program (SNAP) Mountain State cards (also known as food stamp cards) to which she was not entitled.
The investigation was conducted by the West Virginia DHHR, assisted by the United States Postal Inspection Service, the Offices of Inspector General, DHHR, Social Security Administration and the Department of Agriculture.
United States District Judge Thomas E. Johnston imposed the sentence.
Assistant United States Attorney Erik Goes handled the prosecution of this case.
Beckley man sentenced on federal drug chargesRead the Press Release
BECKLEY, W.Va. – United States Attorney Booth Goodwin announced today that Raymond Edmonds, 43, of Beckley, West Virginia, was sentenced to 40 months in federal prison, followed by a three-year term of supervised release.
Edmonds pleaded guilty in September 2014, to distribution of oxycondone. He admitted that on March 18, 2014, he distributed a quantity of oxycodone to a confidential informant on Burmeister Avenue in Beckley.
This case was investigated by the Beckley Raleigh County Drug and Violent Crime Task Force under the Beckley Pill Initiative, part of an ongoing effort led by the United States Attorney’s Office for the Southern District of West Virginia to combat the sale of heroin and the illicit sale of prescription drugs. The U.S. Attorney’s Office, joined by federal, state and local law enforcement agencies, is committed to aggressively pursuing and shutting down illegal pill trafficking, eliminating open air drug markets, and curtailing the spread of pills and heroin in communities across the Southern District.
United States District Judge Irene C. Berger imposed the sentence.
Alderson man sentenced in federal drug caseRead the Press Release
BECKLEY, W.Va. – United States Attorney Booth Goodwin announced today that Seth Allen Carr, 24, of Alderson, West Virginia, was sentenced to 16 months in federal prison for using a telephone to facilitate the distribution of heroin.
Carr pleaded guilty in August 2014, admitting that on April 9, 2014, he set up a drug deal during a telephone conversation with a confidential informant. Shortly after the conversation, Carr distributed a quantity of heroin to the informant in Lewisburg, West Virginia.
The case was investigated by the Greenbrier Valley Drug and Violent Crime Task Force under the Greenbrier Valley Heroin and Pill Initiative, part of an ongoing effort by the United States Attorney’s Office for the Southern District of West Virginia to combat the sale of heroin and the illicit sale of prescription drugs. The United States Attorney’s Office, joined by federal, state and local law enforcement agencies, is committed to aggressively pursuing and shutting down the spread of opiate painkillers in communities across the Southern District.
United States District Judge Irene C. Berger imposed the sentence.
Assistant United States Attorney John File handled the prosecution of this case.
Ohio man sentenced for heroin possessionRead the Press Release
CHARLESTON, W.Va. – United States Attorney Booth Goodwin announced today that Joseph Lee Church, 36, of Columbus, Ohio, was sentenced to 33 months in federal prison for possession of multiple controlled substances with intent to distribute by United States District Court Judge Thomas E. Johnston in Charleston.
Church pleaded guilty in May 2014, to possession of, with the intent to distribute, heroin, hydromorphone, oxycodone, hydrocodone and amphetamine. He previously admitted this to Kanawha County sheriff’s deputies when arrested in the Rand, West Virginia, area on Dec. 10, 2011. Church said the drugs had been brought to the area from Columbus.
The case was investigated by the Kanawha County Sheriff’s Department. Assistant United States Attorney John Frail handled the prosecution of this case.
This case is being prosecuted as part of an ongoing effort led by the United States Attorney’s Office for the Southern District of West Virginia to combat the illicit sale and misuse of heroin and prescription drugs. The U.S. Attorney’s Office, joined by federal, state and local law enforcement agencies, is committed to aggressively pursuing and shutting down illegal pill trafficking, eliminating open air drug markets, and curtailing the spread of opiate painkillers in communities across the Southern District.
Hurricane man pleads guilty in federal court to theft of government moneyRead the Press Release
CHARLESTON, W.Va. – United States Attorney Booth Goodwin announced today that Vallas Paul Bell, 31, of Hurricane, West Virginia, pleaded guilty to fraudulently taking $24,660 in Social Security benefits to which he was not entitled, in a hearing before United States District Judge Thomas E. Johnston in Charleston.
Bell admitted to receiving and cashing his deceased mother’s Social Security benefits beginning June 2011. The funds were deposited in the mother’s City National Bank checking account. Bell continued to withdraw the benefits through April 2013.
The Social Security Administration turned off the benefits in April 2013, after receiving a fraud alert from City National Bank.
Bell faces up to 10 years in federal prison, a $250,000 fine and three years of supervised release. He has also agreed to pay $24, 660 in restitution. He is scheduled to be sentenced on April 8, 2015.
The investigation was conducted by the Office of Inspector General, Social Security Administration. Assistant United States Attorneys Blair L. Malkin and Erik S. Goes are in charge of the prosecution.
Detroit man pleads guilty to heroin distributionRead the Press Release
Charleston, W.Va. – United States Attorney Booth Goodwin announced today that Terrell Montaie, 31, of Detroit, pleaded guilty to distribution of heroin, in a hearing before United States District Court Judge Thomas Johnston in Charleston.
Montaie admitted that on March 19, 2014, he sold a quantity of heroin to a Kanawha County Sheriff’s Department confidential informant in exchange for $80. The transaction occurred at a residents on Kay Lane in Charleston where Montaie was staying. He further admitted to possessing a handgun and additional heroin at the time of his arrest on March 26, 2014.
Montaie faces up to 20 years in federal prison and a fine of $1,000,000. He is scheduled to be sentenced on April 8, 2015.
The case was investigated by the Kanawha County Sheriff’s Department. Assistant United States Attorney John Frail handled the prosecution of this case.
This case is being prosecuted as part of an ongoing effort led by the United States Attorney’s Office for the Southern District of West Virginia to combat the illicit sale and misuse of heroin and prescription drugs. The U.S. Attorney’s Office, joined by federal, state and local law enforcement agencies, is committed to aggressively pursuing and shutting down illegal pill trafficking, eliminating open air drug markets, and curtailing the spread of opiate painkillers in communities across the Southern District.
Four defendants appear in Bluefield federal court on drug chargesRead the Press Release
Two sentenced, two plead guilty
Bluefield, W.Va. – United States Attorney Booth Goodwin announced today that four defendants appeared before Senior United States District Judge David A. Faber in federal court in Bluefield on drug charges.
David Eldon Williams, 56, of Lewisburg, West Virginia, was sentenced to 18 months in prison for using a communication device to facilitate a felony. Williams pleaded guilty in August 2014, admitting that on April 25, 2014, he used a telephone in Lewisburg to communicate with a confidential informant to set up the purchase of several hundred oxycodone pills. Williams and his co-defendant, Roger Lee Deem, were arrested the next day in Princeton, West Virginia, after meeting with the informant to complete the transaction. Deem was previously sentenced to 18 months for his role in the crime.
The case was investigated by the Greenbrier Valley Drug and Violent Crime Task Force as part of the Greenbrier Valley Heroin and Pill Initiative. Assisting in the investigation was the Southern Regional Drug and Violent Crime Task Force.
Tashaey Mitchell Jones, 25, of Hickory, North Carolina, was sentenced to 16 months in prison for aiding and abetting the distribution of hydromorphone. Jones pleaded guilty in October 2014, and admitted that on May 7, 2013, she helped to distribute five hydromorphone pills to an informant in Bluefield.
The case was investigated by the Southern Regional Drug and Violent Crime Task Force as part of the Bluefield Pill Initiative.
Julie Walters, 36, of Bluefield, pleaded guilty to distribution of a quantity of hydromorphone. Walters admitted that on May 29, 2014, she distributed a hydromorphone pill to a confidential informant in Brushfork in Mercer County, West Virginia. She also admitted that she had sold approximately 13 hydromorphone pills over a period of time.
Walters faces up to 20 years in prison and a $1,000,000 fine when she is sentenced on May 14, 2015.
The case was investigated by the Southern Regional Drug and Violent Crime Task Force as part of the Bluefield Pill Initiative.
Regina Conley, 33, of Princeton, pled guilty to distribution of oxycodone, admitting that on August 27, 2014, she distributed six 30 mg oxycodone pills to a confidential informant in Princeton. She also admitted that she either sold or possessed for sale a total of about 55 oxycodone pills.
Conley faces up to 20 years in prison and a $1,000,000 fine when she is sentenced on May 14, 2015.
The case was investigated by the Greenbrier Valley Drug and Violent Crime Task Force, assisted by the Southern Regional Drug and Violent Crime Task Force. It was prosecuted as part of the Greenbrier Valley Heroin and Pill and Initiative.
Assistant United States Attorney John File handled the prosecution of these cases.
The cases are part of an ongoing effort led by the United States Attorney’s Office for the Southern District of West Virginia to combat the illicit sale and misuse of prescription drugs. The U.S. Attorney’s Office, joined by federal, state and local law enforcement agencies, is committed to aggressively pursuing and shutting down illegal pill trafficking, eliminating open air drug markets, and curtailing the spread of opiate painkillers in communities across the Southern District.
Trivillian's Pharmacy, owner charged with federal criminal healthcare and drug crimesRead the Press Release
Butterfield agrees to settle civil claims to Medicare and Medicaid for $1.1 million
CHARLESTON, W.Va. – United States Attorney Booth Goodwin today announced that Trivillian’s Pharmacy, a long-standing Kanawha City retail and compounding pharmacy, was charged by information with two counts of health care fraud and one count of misbranding drugs.
Paula Butterfield, Trivillian’s owner, operator and pharmacist-in-charge, was also charged by information with making a false statement in a healthcare matter.
Goodwin also announced his office has reached a civil settlement with Trivilllian’s and Butterfield, recovering $1.1 million on behalf of Medicare and West Virginia Medicaid. The settlement represents more than three times the loss suffered by Medicare and Medicaid.
“Cheating Medicare and Medicaid is really cheating the American taxpayer,” Goodwin said. “Thanks to this settlement, money that was taken from the taxpayers by fraud can now be used to provide health care to the many people who depend on these programs.”
One information alleges that Trivillian’s defrauded Medicare and Medicaid by dispensing compounded drugs while billing for more expensive brand name drugs, dispensing generic drugs while billing for more expensive brand name drugs, billing for drugs that were never dispensed and dispensing drugs that were compounded outside of a safe and clean environment. The information also charges Trivillian’s with dispensing compounded drugs under labels and identification numbers associated with name brand drugs.
Butterfield, a Medicare beneficiary, is charged in a separate information with submitting false claims to Medicare on her own behalf, seeking payment for drugs that were never dispensed to her.
If convicted, the pharmacy faces a fine of up to $1 million or twice the gross financial gain or twice the gross financial loss resulting from the pharmacy’s conduct, whichever is greater; not less than two years nor more than 10 years of probation; a mandatory special assessment of $800; and an order of restitution.
If convicted, Butterfield faces a maximum of five years in prison; a fine of $250,000, or twice the gross financial gain or twice the gross financial loss resulting from her conduct, whichever is greater; a term of supervised release of three years; a mandatory special assessment of $100; and an order of restitution.
The investigation was conducted by United States Health and Human Services, the United States Food and Drug Administration, the West Virginia State Police, the West Virginia Medicaid Fraud Control Unit and the Drug Enforcement Administration.
Assistant United States Attorney Eumi Choi is in charge of the prosecution, and Assistant United States Attorney John Gianola is responsible for the civil settlement.
Click here to view a copy of the Trivillian’s information
Click here to view a copy of the Butterfield information
Click here to view the civil settlementAn information is a formal court charge filed after the defendant has voluntarily waved their right to be indicted by a grand jury. The charges are merely accusations, and the defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Dunbar heroin dealer pleads guilty in federal courtRead the Press Release
CHARLESTON, W.Va. – U.S. Attorney Booth Goodwin today announced that William Leon Sales, 37, of Dunbar, West Virginia, pleaded guilty to possession with intent to distribute heroin, in a hearing before U.S. District Judge John T. Copenhaver, Jr., in Charleston.
On July 16, 2014, officers with the Metropolitan Drug Enforcement Network Team (MDENT) located approximately 75 grams of heroin and more than $4,000 in cash at Sales’ home in Dunbar. Sales admitted he intended to distribute the heroin in the Dunbar area.
On July 1, 2014, Sales provided a gram of heroin to a middleman to distribute for $150 to a confidential informant working with MDENT. Sales told the informant he had another half-ounce of heroin in his residence if the informant wished to purchase additional heroin.
Sales faces up to 20 years in federal prison, and is scheduled to be sentenced on March 24, 2015.
MDENT conducted the investigation. Assistant United States Attorney Jennifer Rada Herrald is in charge of the prosecution.
This case is being prosecuted as part of an ongoing effort led by the United States Attorney’s Office for the Southern District of West Virginia to combat the illicit sale and misuse of prescription drugs and heroin. The U.S. Attorney’s Office, joined by federal, state and local law enforcement agencies, is committed to aggressively pursuing and shutting down illegal pill trafficking, eliminating open air drug markets, and curtailing the spread of opiate painkillers and heroin in communities across the Southern District.
Freedom Industries officials indicted in January chemical spillRead the Press Release
CHARLESTON, W.Va. – U.S. Attorney Booth Goodwin today announced that Freedom Industries, Inc. (Freedom) and six former Freedom officials have been charged with various federal crimes related to the January 2014 Elk River chemical spill in Charleston.
“Just a mile and a half upstream from Charleston’s primary source of drinking water, the conditions at the Freedom Industries facility were not only grievously unacceptable, but unlawful. They put an entire population needlessly at risk. As these actions make clear, such conduct cannot, and will not, be tolerated," said Attorney General Eric Holder. “These law enforcement actions send an unambiguous message: that compliance with environmental safety standards is an obligation, not a choice. The Department of Justice is committed to vigorously enforcing the Clean Water Act and other natural resource protections. And we will never rest in our efforts to protect the American people – and our environment – from harm."
“It’s hard to overstate the disruption that results when 300,000 people suddenly lose clean water,” said Goodwin. “This is exactly the kind of scenario that the Clean Water Act is designed to prevent. This spill, which was completely preventable, happened to take place in this district, but it could have happened anywhere. If we don’t want it to happen again, we need to make it crystal clear that those who engage in the kind of criminal behavior that led to this crisis will be held accountable.”
Former Freedom President Gary L. Southern, 53, currently of Marco Island, Florida, along with former Freedom owners and officers Dennis P. Farrell, 58, of Charleston, William E. Tis, 60, of Verona, Pennsylvania, and Charles E. Herzing, 63, of McMurray, Pennsylvania, were indicted by a grand jury sitting at Beckley, West Virginia. Freedom environmental consultant Robert J. Reynolds, 63, of Apex, North Carolina, and tank farm plant manager Michael E. Burdette, 60, of Dunbar, West Virginia, were charged by Goodwin in charging documents known as “informations.” Freedom Industries, Inc., was also charged in an information.
Southern is charged with the negligent discharge of a pollutant in violation of the Clean Water Act, negligent discharge of refuse matter in violation of the Refuse Act, and violating an environmental permit. Southern is also charged with wire fraud and various bankruptcy fraud charges. If Southern is convicted of all the charges contained in the indictment, he is exposed to a statutory maximum of 68 years in prison.
Farrell, Tis and Herzing are charged with the negligent discharge of a pollutant in violation of the Clean Water Act, negligent discharge of refuse matter in violation of the Refuse Act, and violating an environmental permit. If Farrell, Tis and Herzing are convicted of all the charges with which they are charged in the indictment, they are each exposed to a statutory maximum of three years in prison.
The misconduct alleged in the indictment includes, but is not limited to:
- Failure to properly maintain the containment area surrounding the tanks at Freedom’s Elk River facility, and to make necessary repairs to ensure the containment area would contain a chemical spill;
- failure to properly inspect a tank containing the chemical MCHM;
- failure to develop and implement a spill prevention, control and countermeasures plan;
- failure to develop and implement a stormwater pollution prevention plan and groundwater protection plan, both requirements of a National Pollutant Discharge Elimination System Permit.
During the time they were responsible corporate officers for Freedom, Farrell, Tis, Herzing and Southern allegedly approved funding only for those projects that would result in increased business revenue for Freedom, or that were immediately necessary for required equipment maintenance. They allegedly failed to take action to fund other repair and upkeep projects for equipment and systems necessary for environmental compliance at the Elk River facility, including repairing defects in a containment wall, addressing drainage problems in the containment area, and developing and implementing proper protection plans.
Information charges were also filed against Freedom itself, as well as Robert J. Reynolds and Michael E. Burdette. Freedom is charged with the negligent discharge of a pollutant in violation of the Clean Water Act, negligent discharge of refuse matter in violation of the Refuse Act, and violating an environmental permit. Michael Burdette, the former plant manager for the Freedom facility on the Elk River, and Robert Reynolds, also one of the individuals responsible for environmental compliance at Freedom, have each been charged with violating the Clean Water Act.
Charges contained in indictments and informations are merely accusations, and defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Click here to view the indictment
Click here to view the Information regarding Freedom Industries
Click here to view the Information regarding Michael Burdette
Click here to view the Information regarding Robert Reynolds
US Attorney Goodwin to announce development in the federal investigation into the Jan 9 chemical leak into the Elk RiverRead the Press Release
WHO: United States Attorney Booth Goodwin, officials with the Federal Bureau of Investigation and the Environmental Protection Agency.
WHEN: 1:30 p.m. Wednesday, Dec. 17, 2014.
WHERE: Robert C. Byrd United States Courthouse, Charleston, West Virginia, Fifth Floor
Members of the media will need to present photo ID. Media with cameras will require escort to the press conference location. The event will be available through conference call by dialing 888-606-9549 and entering passcode 3543992. The conference call window will open at 1 p.m.
Charleston man sentenced to 17 years for illegal possession of a firearmRead the Press Release
Charleston, W.Va. – A Charleston, West Virginia felon who illegally possessed a firearm was sentenced today to 17 years in federal prison, U.S. Attorney Booth Goodwin announced. On August 27, 2014, a jury found Diarra Jermaine Boddy, 44, guilty of being a felon in possession of a firearm. Today’s sentence was handed down by United States District Court Judge John T. Copenhaver, Jr.
On September 10, 2013, Boddy was stopped by a Charleston Police Department officer on Veazey Street in Charleston, after he threw a loaded .44 caliber revolver from the care he was driving. Boddy had previously been convicted of several felonies including third offense domestic battery and three prior drug offenses. Boddy was sentenced as an Armed Career Criminal which provided for a mandatory minimum sentence of 15 years.
The investigation was conducted by the Charleston Police Department. Assistant United States AttorneysJoshua Hanks and Haley Bunn handled the prosecution.
This case was brought as part of Project Safe Neighborhoods. Project Safe Neighborhoods is a nationwide commitment to reduce gun crime in the United States by networking existing local programs targeting gun crime.
Greenbrier County woman sentenced in federal court for dealing heroinRead the Press Release
Beckley, W.Va. – United States Attorney Booth Goodwin announced today that a White Sulphur Springs woman was sentenced to federal prison for possession with intent to distribute heroin. United States District Judge Irene C. Berger sentenced Amanda Nicole Canaday, 27, to 18 months in prison. Canaday pled guilty in July of 2014, admitting that on August 31, 2013, she possessed 56 packets of heroin that she intended to sell. She stored the heroin in her apartment in White Sulphur Springs. She also admitted that she had been selling heroin for some time.
The case was investigated by the Greenbrier Valley Drug and Violent Crime Task Force under the Greenbrier Heroin and Pill Initiative, as part of an ongoing law enforcement effort led by the United States Attorney’s Office for the Southern District of West Virginia to combat the sale of heroin and the illicit sale and misuse of prescription drugs in the Southern District. Assistant United States Attorney John File handled the prosecution of this case.
Detroit man convicted by federal jury for oxymorphone traffickingRead the Press Release
Drugs Were Concealed in a Box of Laundry Detergent
Huntington, W.Va. – United States Attorney Booth Goodwin announced that Kendall Lamar Spears, 35, of Detroit, Michigan, was convicted today of possessing oxymorphone with the intent to distribute it. The conviction follows a two-day jury trial in federal court in Huntington. The evidence presented at the trial established that in November of 2012, Spears paid a Huntington couple to drive him to Detroit under the pretext of visiting family. The following day, Spears left the couple for a brief time and returned with bags from a Dollar Store. On the return trip from Detroit to Huntington, the van was stopped by law enforcement officers based on a tip that it was carrying illegal drugs. Spears was seated in the back of the van. A trained law enforcement drug dog sniffed the van and indicated that narcotics were likely present. Officers then searched the van and discovered 304 15 mg oxymorphone pills. The pills were hidden in a detergent box in one of the bags carried by Spears.
Spears faces up to 20 years imprisonment and a $1 million fine when he is sentenced on March 3, 2015.
The case was investigated by the Huntington Violent Crime and Drug Task Force and the Huntington Police Department. The case is being prosecuted as part of an ongoing effort led by the United States Attorney’s Office for the Southern District of West Virginia to combat the illicit sale and misuse of prescription drugs and heroin. The U.S. Attorney’s Office, joined by federal, state and local law enforcement agencies, is committed to aggressively pursuing and shutting down illegal pill trafficking, eliminating open air drug markets, and curtailing the spread of opiate painkillers and heroin in communities across the Southern District.
Former Freedom Industries executive released on bondRead the Press Release
CHARLESTON, W.Va. – U.S. Attorney Booth Goodwin announced that former Freedom Industries executive Gary Southern was arrested Monday, December 8, 2014, in the Middle District of Florida. He made his initial court appearance today at 1:00 p.m. before United States Magistrate Judge Carol Mirando in Ft. Myers, Florida. Southern was released on a $100,000 unsecured bond, with his travel restricted to the Middle District of Florida and the Southern District of West Virginia. He was also required to surrender his passport and lawful permanent resident card. Southern’s next court appearance is set for December 18, 2014, at 2:00 p.m., for a preliminary hearing in front of U.S. Magistrate Judge Dwane Tinsley at the Robert C. Byrd United States Courthouse in Charleston, West Virginia. Southern’s arrest comes as a result of a criminal complaint filed Monday, December 8, 2014, in the Southern District of West Virginia, charging him with bankruptcy fraud, lying in a bankruptcy case and committing wire fraud by filing false documents in a bankruptcy case.
Defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Former Logan County assessor pleads guilty to Federal Banking Law violationRead the Press Release
Charleston, W.Va. – United States Attorney Booth Goodwin announced that Russell R. Grimmett, also known as Rick Grimmett, 51, of Man, West Virginia, pled guilty today to violating federal banking laws. Grimmett is the former Logan County Assessor.
Banks are required by federal law to report all cash transactions in excess of $10,000. Grimmett admitted that he and an associate withdrew cash from the Logan Bank and Trust in Man, West Virginia in amounts less than $10,000 to prevent triggering the reporting requirement. This practice, known as “structuring,” is a federal crime. He further admitted that between early 2009 through December 2012, he and his associate structured more than $366,000 in cash from various banks.
As part of his plea agreement, Mr. Grimmett agreed to resign his position as Assessor. He also agreed to forfeit $150,000.
Grimmett faces up to five years of imprisonment and a fine of up to $250,000 when he is sentenced on March 11, 2015.
Today’s charge stems from an investigation conducted by the FBI, IRS Criminal Investigation, United States Postal Inspection Service, and the West Virginia State Police. Assistant United States Attorney Meredith George Thomas is handling the prosecution.
Charleston heroin dealer sentenced in federal court in CharlestonRead the Press Release
Sentencing Judge Sends a Message With Imposition of 100 Month Sentence
CHARLESTON, W.Va. – United States Attorney Booth Goodwin announced that Jonathan Kennedy, 34, of Charleston, West Virginia was sentenced today in federal court to more than eight years in federal prison for selling heroin and crack cocaine in Charleston. In July of 2014, Kennedy pled guilty to two drug felonies – one related to his travel between Detroit, Michigan and Charleston, West Virginia, to aid in the sale of heroin, and the second for using a cell phone to sell crack cocaine -- both in Charleston.
The sentencing court expressed that by imposing a 100 month sentence, he hoped to send a message to Kennedy and others regarding the trade of heroin and pills in this district.
This case was investigated by the Charleston Police Department. This case is being prosecuted as part of an ongoing effort led by the United States Attorney’s Office for the Southern District of West Virginia to combat the illicit sale and misuse of prescription drugs and heroin. The U.S. Attorney’s Office, joined by federal, state and local law enforcement agencies, is committed to aggressively pursuing and shutting down illegal pill and heroin trafficking, eliminating open air drug markets, and curtailing the spread of opiate painkillers in communities across the Southern District.
Boone County heroin dealer sentenced by federal court to eight yearsRead the Press Release
CHARLESTON, W.Va. – United States Attorney Booth Goodwin announced that Leonard Dillon, 58, of Bim, Boone County, West Virginia was sentenced in federal court in Charleston today to eight years in federal prison for distributing heroin in Boone County. Dillon previously pleaded guilty in August of 2014.
On March 21, 2013, Dillon sold heroin to a confidential informant working with law enforcement. On four other occasions in March and April of 2013, Dillon sold heroin and oxycodone to the same confidential informant.
The investigation was conducted by the United States Drug Enforcement Administration and the Boone County Sheriff’s Office. Assistant United States Attorney Jennifer Rada Herrald handled the prosecution.
The case is being prosecuted as part of an ongoing effort led by the United States Attorney’s Office for the Southern District of West Virginia to combat the illicit sale and misuse of prescription drugs and heroin. The United States Attorney’s Office, joined by federal, state and local law enforcement agencies, is committed to aggressively pursuing and shutting down illegal pill trafficking, eliminating open air drug markets, and curtailing the spread of opiate painkillers and heroin.
Time Share Fraudster Sentenced to PrisonRead the Press Release
Charleston, W.Va. – United States Attorney Booth Goodwin announced today that David Andrew Glynn, 47 of Charleston, West Virginia, was sentenced in federal court in Charleston to two and a half years in prison for conspiring to defraud timeshare owners throughout the United States and Canada. Glynn previously plead guilty on August 25, 2014, and admitted that he set up a bogus company named Mountain State Resales, LLC (MSR) that was purportedly in the business of brokering timeshare sales. Glynn, and others, contacted timeshare owners and advised them that MSR had buyers for their timeshares, and asked owners to pay fees and expenses necessary to complete the sales. Timeshare owners were directed to send the requested payments to MSR in South Charleston, West Virginia.
Glynn also contacted timeshare owners who had been victims of prior fraud schemes and posed as an agent with “Internal Revenue Recovery Associates,” a fictional entity that he claimed was affiliated with a government agency. Glynn represented that he was investigating timeshare fraud schemes, and needed the victims of such schemes to send money to MSR to assist with its recovery efforts.
Glynn was ordered to pay $97,254.42 in restitution.
The investigation of this case was conducted by the West Virginia State Police, the Federal Bureau of Investigation, and the United States Postal Inspection Service. Assistant United States Attorney Meredith George Thomas is handling the prosecution.
Point Pleasant Man Sentenced for Selling HeroinRead the Press Release
Huntington, W.Va. – Joshua Lee, age 31, of Point Pleasant, West Virginia, was sentenced today in federal court in Huntington to six months in prison followed by three years of supervised release. Lee previously pled guilty in August of 2014, admitting that on January 23, 2013, he sold heroin to a confidential informant working with the West Virginia State Police. The drug deal took place at a home in Gallipolis Ferry, West Virginia. Lee admitted that he had been involved in distributing heroin with others in the area from the summer of 2012 until March of 2013.
This case was prosecuted as part of an ongoing effort led by the United States Attorney’s Office for the Southern District of West Virginia to combat the illicit sale and misuse of prescription drugs and opiates. The United States Attorney’s Office, joined by federal, state and local law enforcement agencies, is committed to aggressively pursuing and shutting down illegal pill trafficking, eliminating open air drug markets, and curtailing the spread of opiate painkillers and heroin in communities across the Southern District.
Former State Police Forensic Analyst Pleads Guilty to Possession of Child PornographyRead the Press Release
Charleston, W.Va. – A 48-year old Kanawha County man faces up to 20 years in prison after pleading guilty today to possession of child pornography, U.S. Attorney Booth Goodwin announced. Jeffrey Erra Osborne, of Clendenin, West Virginia entered a guilty plea before United States District Judge John T. Copenhaver, Jr.
Osborne was formerly employed with the West Virginia State Police for approximately 21 years. He was most recently employed as a West Virginia State Police Forensic Analyst. Osborne admitted that on January 17, 2014, he possessed pictures of prepubescent minors engaged in sexual acts. The images were located on his personal computer at his home. As part of the agreement, Mr. Osborne will abandon certain computers, hard drives, and electronic storage devices seized from him at the time of the execution of the search warrant.
The court scheduled sentencing for Osborne for February 10, 2015.
The West Virginia Internet Crimes Against Children Task Force and the West Virginia State Police conducted the investigation. Assistant United States Attorney Lisa G. Johnston is in charge of the prosecution.
This case is being brought as part of U.S. Attorney Goodwin’s ongoing initiative to combat child sexual exploitation and abuse in the Southern District of West Virginia.
Detroit Heroin Dealer Pleads Guilty in Federal Court in HuntingtonRead the Press Release
HUNTINGTON, W.Va. – A Detroit man who was found in possession of heroin during execution of a search warrant pleaded guilty today to a federal drug charge, announced U.S. Attorney Booth Goodwin. Anthony M. Barnes, 38, of Detroit, Michigan, entered a guilty plea in federal court in Huntington to possession with intent to distribute heroin.
On April 8, 2014, officers with the Huntington Police Department executed a search warrant at 912 6th Street, Apartment 1A in Huntington. When officers entered the apartment, Barnes was in a bedroom attempting to destroy approximately 18 grams of heroin which officers recovered. Barnes admitted that he intended to sell the heroin in the Huntington area.
Barnes faces up to 20 years in federal prison, and is scheduled to be sentenced on February 23, 2015.
The FBI Huntington Violent Crimes Drug Task Force conducted the investigation. Assistant United States Attorney Joseph F. Adams is in charge of the prosecution.
This case is being prosecuted as part of an ongoing effort led by the United States Attorney’s Office for the Southern District of West Virginia to combat the illicit sale and misuse of prescription drugs and heroin. The U.S. Attorney’s Office, joined by federal, state and local law enforcement agencies, is committed to aggressively pursuing and shutting down illegal pill trafficking, eliminating open air drug markets, and curtailing the spread of opiate painkillers and heroin in communities across the Southern District.
U.S. Attorney Booth Goodwin Collects Nearly $8 Million for U.S. Taxpayers in Fiscal Year 2014Read the Press Release
Charleston, WV – United States Attorney Booth Goodwin announced today that his office has collected $7,847,442.99 in fiscal year 2014. Of this amount, $2,887,853 was collected in criminal actions, $2,430,992 was collected in civil actions, and $1,923.369.99 was collected in asset forfeiture.
Additionally, the U.S. Attorney’s Office for the Southern District of West Virginia worked with other U.S. Attorneys’ offices and components of the Department of Justice to collect an additional $605,227 in cases jointly pursued. Of this amount, $1,227 was collected in criminal actions and $604,000 was collected in civil actions.
Attorney General Eric Holder announced on November 19, 2014 that the Justice Department collected $24.7 billionin civil and criminal actions in the fiscal year ending Sept. 30, 2014. The more than $24 billion in collections in FY 2014 represents nearly eight and a half times the appropriated $2.91 billion budget for the 94 U.S. Attorney’s offices and the main litigating divisions in that same period.
“Every day, the Justice Department’s federal prosecutors and trial attorneys work hard to protect our citizens, to safeguard precious taxpayer resources, and to provide a valuable return on investment to the American people,” said Attorney General Holder. “Their diligent efforts are enabling us to achieve justice and recoup losses in virtually every sector of the U.S. economy. And this result shows the fruits of the Justice Department’s tireless work in enforcing federal laws; in protecting the American people from violent crime, national security threats, discrimination, exploitation, and abuse; and in holding financial institutions accountable for their roles in causing the 2008 financial crisis.”
Goodwin noted, “The nearly $8 million collected represents more than 1.5 times the total operating budget for my office for an entire year. These collections represent the collaborative efforts of my civil and criminal divisions, attorneys and staff, and numerous federal, state and local law enforcement agencies. Working together, we not only keep our communities safer, but we hold those committing crimes financially accountable and disgorge their dishonest gains.”
This past May, the Southern District of West Virginia recovered $4.675 million as part of the settlement with Massachusetts-based Calloway Laboratories, Inc. relating to false billings submitted to West Virginia Medicaid and nationwide to Medicare. The settlement represents the largest-ever recovery in a health care fraud case by a United States Attorney’s Office in West Virginia.
The U.S. Attorneys’ Offices, along with the department’s litigating divisions, are responsible for enforcing and collecting civil and criminal debts owed to the U.S. and criminal debts owed to federal crime victims. The law requires defendants to pay restitution to victims of certain federal crimes who have suffered a physical injury or financial loss. While restitution is paid to the victim, criminal fines and felony assessments are paid to the department’s Crime Victims’ Fund, which distributes the funds to state victim compensation and victim assistance programs.
The largest civil collections were from affirmative civil enforcement cases, in which the United States recovered government money lost to fraud or other misconduct or collected fines imposed on individuals and/or corporations for violations of federal health, safety, civil rights or environmental laws. In addition, civil debts were collected on behalf of several federal agencies, including the U.S. Department of Housing and Urban Development, Health and Human Services, Internal Revenue Service, Small Business Administration and Department of Education.
In addition to the civil and criminal collections, Goodwin’s office working with partner agencies and divisions, collected $1,923,369.99 in asset forfeiture actions in FY 2014. Forfeited assets are used to restore funds to crime victims and for a variety of law enforcement purposes. This makes the total amount collected by Goodwin’s office in fiscal year 2014 to $7,847,442.99.
Honduran Man Sentenced in Federal Court for Illegal Reentry into United StatesRead the Press Release
Illegal Immigrant was Deported After Felony Drug Conviction
CHARLESTON, W. Va. - United States Attorney Booth Goodwin announced that Jorge Leonardo Reyes-Figueroa, 26, from Honduras was sentenced today in federal court in Charleston to two and a half years in prison for illegal reentry into the United States following deportation. He also faces administrative deportation after being released from prison.In 2010, Reyes-Figueroa, an illegal immigrant from Honduras, was convicted in Adams County, Colorado of a felony drug offense involving heroin distribution. Following the criminal conviction, Reyes-Figueroa was deported to Honduras. Sometime thereafter, Reyes-Figueroa illegally reentered the United States. In May of 2014, officers with the West Virginia State Police found Reyes-Figueroa living in Ripley, West Virginia.
The West Virginia State Police and the United States Department of Homeland Security conducted theinvestigation. Assistant United States Attorney Erik S. Goes is prosecuting the matter on behalf of the United States of America.
Two Members of Parkersburg Heroin Ring Sentenced in Federal CourtRead the Press Release
CHARLESTON, W.Va. – Two members of a heroin distribution ring operating in Washington County, Ohio and Wood County, West Virginia were sentenced today, announced United States Attorney Booth Goodwin. Cordaro “Chops” Johnson, 23, and Zina Wakefield, 28, previously pleaded guilty in August 2014 to distribution of heroin. Johnson was sentenced to 44 months in federal prison. Wakefield was sentenced to three years of probation.
This case was prosecuted as part of an investigation by the Parkersburg Police Department into a drug trafficking organization with ties to Marion, Ohio and Chicago, Illinois. Daquarri Coats, 21, and Keith Irons, 23 of Marion, Ohio, and Marion Felder of Upper Sandusky, Ohio are currently serving, or have served federal prison sentences. Gerri Rae Parker, 30, of Parkersburg awaits sentencing in February 2015.
Assistant U.S. Attorney, Joshua C. Hanks handled the prosecution.
This case is being prosecuted as part of an ongoing effort led by the United States Attorney’s Office for the Southern District of West Virginia to combat the illicit sale and misuse of prescription drugs and heroin. The U.S. Attorney’s Office, joined by federal, state and local law enforcement agencies, is committed to aggressively pursuing and shutting down illegal pill trafficking, eliminating open air drug markets, and curtailing the spread of opiate painkillers and heroin in communities across the Southern District.
Columbus Man Sentenced for Possession of Crack CocaineRead the Press Release
Charleston, W.Va. – United States Attorney Booth Goodwin announced that Derrick Dujuan Greathouse, 36, of Columbus, Ohio, was sentenced today in federal court in Charleston to 70 months imprisonment for possession of crack cocaine with intent to distribute. Greathouse entered a guilty plea in June of 2014, admitting that he possessed approximately more than 200 grams of cocaine base for distribution in Charleston. Officers found the cocaine base in a rental car Greathouse was driving. Officers also found nearly $15,000 in cash that Greathouse admitted was drug proceeds. At the time of his arrest, Greathouse was on parole for a second degree murder conviction out of Wood County.
This case was investigated by the Metropolitan Drug Enforcement Network Team and the South Charleston Police Department.
Beckley Man Pleads Guilty to Distributing HeroinRead the Press Release
CHARLESTON, W.Va. – United States Attorney Booth Goodwin announced today that Ronald Greer, 59, of Beckley, West Virginia, pled guilty in federal court in Beckley to distributing heroin. Greer admitted that on August 29, 2014, he sold heroin to a person who was cooperating with law enforcement authorities. The drug deal took place on Adrian Court in Beckley, West Virginia.
Greer faces up to 20 years in prison and a $1,000,000 fine. United States District Judge Irene C. Berger scheduled the sentencing for March 4, 2015.
The Beckley/Raleigh County Drug and Violent Crime Unit conducted the investigation.
This case was prosecuted as part of an ongoing effort led by the United States Attorney’s Office for the Southern District of West Virginia to combat the illicit sale and misuse of prescription drugs and opiates. The United States Attorney’s Office, joined by federal, state and local law enforcement agencies, is committed to aggressively pursuing and shutting down illegal pill trafficking, eliminating open air drug markets, and curtailing the spread of opiate painkillers and heroin in communities across the Southern District.
Newman Drug Gang Member Pleads Guilty in Federal CourtRead the Press Release
HUNTINGTON, W.Va. – United States Attorney Booth Goodwin announced today that Leroy Lumpkin Wilson, also known as Brian Knowles and B. K., 33, of Lexington, Kentucky, pled guilty in federal court in Huntington today to conspiracy to distribute cocaine and heroin. Wilson admitted that between as early as 2010 and January 20, 2014, he worked as a drug courier for Mark Silverburg, a drug supplier for Kenneth Newman, also known as “K-Kutta.” Wilson transported cocaine from around Lexington to Huntington for Newman. Wilson also carried payments for the cocaine from Newman to Silverburg.
On January 8, 2014, Wilson brought approximately $6,800 from Newman’s residence on Artisan Avenue in Huntington to Silverburg in Kentucky. On January 9, 2014, Silverburg instructed Wilson to travel from Lexington to Newman’s residence in Huntington. Prior to that drive, Silverburg placed a brown paper bag in the trunk of the car Wilson was driving. Once Wilson arrived at Newman’s residence, Newman took two plastic bags full of cocaine out of the brown paper bag. Wilson estimated the total weight of the cocaine to be between 6 and 9 ounces.
Wilson also performed construction work on rental property owned by George Newman, Kenneth Newman’s brother. Wilson was paid in cash and in heroin for the work performed. George Newman instructed Wilson to pay his workers in heroin.
Silverburg, the Newman brothers, and seven other defendants have pled guilty to various charges stemming from the year-long investigation by the United States Drug Enforcement Administration, United States Bureau of Alcohol, Tobacco, Firearms and Explosives, Huntington Police Department, and the Metropolitan Drug Enforcement Network Team. The investigation revealed that in addition to cocaine and heroin, members of the Newman conspiracy were responsible for distributing oxycodone, crack cocaine, morphine, MDMA, known on the street as “Molly” or “Ecstasy,” and marijuana.
Wilson faces up to 20 years imprisonment and a $1 million fine when he is sentenced on February 23, 2015.
The case is being prosecuted as part of an ongoing effort led by the United States Attorney’s Office for the Southern District of West Virginia to combat the illicit sale and misuse of prescription drugs and heroin. The U.S. Attorney’s Office, joined by federal, state and local law enforcement agencies, is committed to aggressively pursuing and shutting down illegal pill trafficking, eliminating open air drug markets, and curtailing the spread of opiate painkillers and heroin in communities across the Southern District.
Lincoln County Drug Dealer Sentenced in Federal Court for Selling OxycodoneRead the Press Release
CHARLESTON, W.Va. – United States Attorney Booth Goodwin announced today that Christopher D. Norman, 34, of Ranger, West Virginia, was sentenced to four years and nine months in federal prison for his involvement in the distribution of oxycodone in Lincoln County, West Virginia. The sentenced was imposed by United States District Court Judge John T. Copenhaver Jr.
Norman previously pled guilty in May of 2014, admitting that on August 23, 2012, he sold oxycodone to a confidential informant working with law enforcement. In addition to the August 12, 2012 drug deal, the same confidential informant bought oxycodone from Norman five other times. Norman admitted distributing oxycodone in Lincoln County on nearly a daily basis for the past five years.
The case was investigated by the Huntington Violent Crime and Drug Task Force and the West Virginia State Police.
This case is being prosecuted as part of an ongoing effort led by the United States Attorney’s Office for the Southern District of West Virginia to combat the illicit sale and misuse of prescription drugs and heroin. The U.S. Attorney’s Office, joined by federal, state and local law enforcement agencies, is committed to aggressively pursuing and shutting down illegal pill trafficking, eliminating open air drug markets, and curtailing the spread of opiate painkillers and heroin in communities across the Southern District.
Huntington Felon Sentenced to Federal Prison for Illegal Possession of FirearmsRead the Press Release
HUNTINGTON, W.Va. – United States Attorney Booth Goodwin announced that a Huntington man was sentenced today to three years and five months in federal prison for unlawfully acquiring five guns from a Huntington pawn shop. Estill Timothy Slone, 46, previously pled guilty in federal court in Huntington to being a felon in possession of a firearm.
On February 26, 2014, Slone and Brittany Amanda Hewlett went to a Huntington pawn shop to buy five guns. Hewlett completed the required federal firearms form on which she lied claiming to be the actual purchaser of the guns when she knew the guns were really for Slone. Hewlett had agreed to acquire the guns for Slone who was prohibited from possessing a firearm because he was a convicted felon. On March 4, 2014, Slone and Hewlett returned to the pawn shop to complete the transaction. The guns were delivered to Slone by an undercover ATF agent, after which Slone was immediately arrested.
Hewlett was sentenced in August of 2014 to 12 months and 1 day imprisonment for her role in this offense.
The Bureau of Alcohol, Tobacco, Firearms and Explosives conducted the investigation. Assistant United States Attorney Joseph F. Adams handled the prosecution.
This case was brought as part of Project Safe Neighborhoods. Project Safe Neighborhoods is a nationwide commitment to reduce gun crime in the United States by working with existing local programs that target gun crime.
Mcdowell County Woman Pleads Guilty in Federal Court to Filing Fraudulent Water Quality ReportsRead the Press Release
CHARLESTON, W.Va. – United States Attorney Booth Goodwin announced that Bonita Witt-Hird, 60, of Thorpe (McDowell County) West Virginia, pled guilty today in federal court in Charleston to filing fraudulent water quality reports.
Witt-Hird was formerly employed as the office manager for Richmorr Associates, Inc., an environmental engineering firm in Elkview, West Virginia. Richmorr provides water sampling services to wastewater treatment plants throughout West Virginia. Wastewater plants are required by state and federal law to sample wastewater discharges. The results are submitted to the West Virginia Department of Environmental Protection (WVDEP). WVDEP reviews the results to ensure compliance with water quality standards. In the event of non-compliance, WVDEP may levy fines or, in extreme cases, shut down the wastewater treatment plant.From April of 2012 to June of 2013, Witt-Hird filed approximately 80 false reports with the WVDEP. These false reports made it appear that current water quality sampling had been performed for the wastewater plants when, in fact, the test results had been copied from previous years.
Witt-Hird previously plead guilty on September 26, 2013 to obstructing an IRS investigation and is currently imprisoned on the sentence imposed for that offense. For the fraudulent water quality report offense, Witt-Hird faces a maximum penalty of two years imprisonment, and a fine of up to $250,000. She is scheduled to be sentenced on January 5, 2015.
The investigation was conducted by the Environmental Protection Agency, Criminal Investigation Division, the WVDEP and the Federal Bureau of Investigation. Assistant United States Attorney Erik S. Goes is in charge of the prosecution.
Boone County Drug Dealer Admits Methamphetamine DistributionRead the Press Release
Charleston, W.Va. – United States Attorney Booth Goodwin announced that Terry L. Daugherty, 49, of Nellis, West Virginia pled guilty in federal court in Charleston today to aiding and abetting the possession with intent to distribute methamphetamine. Daugherty admitted that he arranged the delivery of methamphetamine to a home in Nellis that he intended to recover and sell in the Boone County area. Daugherty promised the resident of the home some of the drugs in return for allowing the delivery to his address. Daugherty also admitted that he had two similar packages of methamphetamine delivered to his own home, but changed the delivery site for the recent package out of concern that his house law enforcement might be watching his own home. Daugherty faces up to 20 years imprisonment and a $1,000,000.00 fine when he sentenced February 23, 2015.
The successful prosecution of Daugherty was the result of the combined efforts of the Drug EnforcementAdministration and the US 119 Drug and Violent Crime Task Force.
This case is being prosecuted as part of an ongoing effort led by the United States Attorney’s Office for the Southern District of West Virginia to combat the illicit sale and misuse of prescription drugs and heroin. The U.S. Attorney’s Office, joined by federal, state and local law enforcement agencies, is committed to aggressively pursuing and shutting down illegal pill trafficking, eliminating open air drug markets, and curtailing the spread of opiate painkillers and heroin in communities across the Southern District.
Saint Albans Meth Dealer to Serve Federal Prison SentenceRead the Press Release
CHARLESTON, W.Va. – A Saint Albans man who sold methamphetamine to an informant in Jefferson and Saint Albans, West Virginia on four occasions in November and December of 2012 was sentenced today to serve three years and ten months in federal prison, announced United States Attorney Booth Goodwin. Alva Osborne, 47, previously pleaded guilty in April of 2014 to distribution of methamphetamine.
This case was investigated by the Metropolitan Drug Enforcement Network Team. Assistant United States Attorneys Haley Bunn and Jennifer Rada Herrald handled the prosecution.
Charleston Man Who Impersonated United States Marshal Pleads Guilty in Federal CourtRead the Press Release
CHARLESTON, W. Va. - United States Attorney Booth Goodwin announced that John E. Swain II, 52, of Charleston, West Virginia pleaded guilty today to impersonating a federal law enforcement officer. On April 14, 2014, Swain chased a Ford Explorer on I-77, while the passenger in Swain’s car waived a badge that appeared to belong to a United States Marshal. The driver of the Ford Explorer was an undercover Kanawha County Detective. When the Detective pulled over at the Greenbrier Street exit, Swain sped away. The Detective followed Swain and directed him to stop. When the Detective approached the car, Swain asserted that he was a United States Marshal from Richmond, Virginia. Swain also advised that he asked his passenger to waive the badge because the Detective was driving too fast and Swain wanted him to slow down. The Detective contacted the United States Marshal in Richmond and learned that Swain had never been employed with the federal law enforcement agency. When confronted, Swain admitted that he had lied to avoid arrest for impersonating a federal officer. Swain claimed that he bought the fake badge on the internet.
Swain faces a maximum penalty of three years in prison, a $250,000 fine and three years of supervised release, when sentenced on February 23, 2015.
The United States Marshal Service and the Kanawha County Sheriff’s Department conducted the investigation. Assistant United States Attorney Erik S. Goes is responsible for the prosecution.
Charleeston Man Sentenced for Selling OxycodoneRead the Press Release
CHARLESTON, W.Va. – United States Attorney Booth Goodwin announced that Shannon Murray, 42, of Charleston, West Virginia was sentenced today in federal court in Charleston to one year and one day in federal prison. Murray previously pled guilty in August of 2014 admitting that he sold oxycodone pills to a confidential informant working with the Metropolitan Drug Enforcement Network Team (“MDENT”) on February 25, 2013 at a home on Kirkwood Drive in Charleston. Following the drug deal, Murray was arrested with another individual believed to have been the Detroit source for the pills Murray sold.
This case is being prosecuted as part of an ongoing effort led by the United States Attorney’s Office for the Southern District of West Virginia to combat the illicit sale and misuse of prescription drugs. The U.S. Attorney’s Office, joined by federal, state and local law enforcement agencies, is committed to aggressively pursuing and shutting down illegal pill trafficking, eliminating open air drug markets, and curtailing the spread of opiate painkillers in communities across the Southern District.
Man Sentenced for Illegally Reentering the United StatesRead the Press Release
CHARLESTON, W. Va. - United States Attorney Booth Goodwin announced that Felipe Vargas-Briones, 28, was sentenced to twelve months and one day in prison for the federal offense of reentering the United States after previous deportation to Mexico. He also faces administrative deportation from the United States at the conclusion of his sentence.
Vargas-Briones was convicted in July of 2008 for being an illegal immigrant in possession of a firearm. Following the conviction, he was deported to Mexico and prohibited from returning to the United States. During a routine traffic stop in May of 2014, West Virginia State Police found Vargas-Briones near Chelyan, West Virginia. The West Virginia State Police and the United States Department of Homeland Security conducted the investigation. Assistant United States Attorney Erik S. Goes prosecuted the matter on behalf of the United States of America. The Honorable John T. Copenhaver, Jr. presided over the sentencing.
Dunbar Man Pleads Guilty to Federal Firearms ChargeRead the Press Release
CHARLESTON, W.Va. – A Dunbar man who illegally possessed a firearm on November 30, 2012, pleaded guilty today to a federal firearms charge, announced U.S. Attorney Booth Goodwin. Blaine Jerome Ivery, 32, pleaded guilty in federal court in Charleston to being a felon in possession of a firearm. At approximately 3 a.m. on November 30, 2012, members of the Charleston Police Department were parked outside of the Impulse night club on Capitol Street in downtown Charleston when they heard what they believed to be a gunshot. Officers then watched Ivery run a red traffic light in a car near the area where the gunfire sounded. When officers stopped the car, Ivery tossed a loaded Hi-Point 9mm semiautomatic from the passenger side of the car onto the sidewalk. Ivery was alone in the car. A spent 9 mm shell casing was also recovered from inside the vehicle.
Ivery had previously been convicted in the Circuit Court of Kanawha County, West Virginia, in 2010 of wanton endangerment with a firearm. He faces up to ten years in federal prison when he is sentence on February 18, 2015. The Charleston Police Department, with assistance from the U.S. Bureau of Alcohol, Tobacco, Firearms, and Explosives, conducted the investigation. Assistant United States Attorneys Haley Bunn and Jennifer Rada Herrald are in charge of the prosecution.
The case is being prosecuted as part of Project Safe Neighborhoods. Project Safe Neighborhoods is a commitment of U.S. Attorney Goodwin’s office and other officials nationwide to reduce gun crime in the United States by networking existing local programs targeting gun crime.
Detroit Drug Dealer Convicted by Jury for Conspiracy to Distribute Oxycodone and over Kilogram of HeroinRead the Press Release
Jury also returns guilty verdicts on Federal Gun Charges and Witness Tampering
CHARLESTON, W.Va. – Late Friday, a federal jury sitting in Charleston returned a guilty verdict on all five counts of an indictment against Willie Slocum, Jr., 35, of Detroit, Michigan. Slocum was convicted following a five day trial of conspiracy to distribute over one kilogram of heroin, conspiracy to distribute oxycodone, two counts of being a felon in possession of a firearm, and one count of tampering with a witness. The jury heard testimony last week from fifteen witnesses who purchased heroin and pills from Slocum, and who sold pills and heroin for Slocum in the Charleston area. Slocum was prohibited from possessing firearms by virtue of felony convictions in Michigan in 1999 for Second Degree Murder, Assault with Intent to Murder and Felony Possession of Firearms. Slocum faces up to life imprisonment when he is sentenced on February 4, 2015, by United States District Judge John T. Copenhaver, Jr., who also presided over the trial.
The Kanawha County Sheriff’s Office conducted the investigation.
This case was prosecuted as part of an ongoing effort led by the United States Attorney’s Office for the Southern District of West Virginia to combat the illicit sale and misuse of prescription drugs and heroin. The U.S. Attorney’s Office, joined by federal, state and local law enforcement agencies, is committed to aggressively pursuing and shutting down illegal pill and heroin trafficking, eliminating open air drug markets, and curtailing the spread of opiate painkillers in communities across the Southern District.
Federal Inmate Sentenced for Possessing A ShankRead the Press Release
Beckley, W.Va. – United States Attorney Booth Goodwin announced today that a federal inmate pled guilty and was sentenced in federal court in Beckley for possessing a dangerous weapon. Desmel Cooper, 32, an inmate at the Federal Correctional Institution at Beckley, admitted that on July 1, 2014 he possessed a shank, a handcrafted prison weapon, at the prison. United States Magistrate Judge R. Clarke VanDervort sentenced Cooper to one year in prison, to be served consecutively to the sentence he is now serving. The case was investigated by the Federal Bureau of Prisons and was prosecuted by Assistant United States Attorney John File.
Beckley Heroin Dealer Pleads Guilty in Federal CourtRead the Press Release
CHARLESTON, W.Va. – United States Attorney Booth Goodwin announced today that Jason Calendar, 38, of Beckley, West Virginia, pled guilty in federal court in Charleston to distributing heroin. Calendar admitted that on August 1, 2014, he sold heroin to a person who was cooperating with law enforcement authorities. The drug deal took place on Laurel Terrace in Raleigh, West Virginia.
Calendar faces up to 20 years in prison and a $1,000,000 fine. United States District Judge Irene C. Berger scheduled the sentencing for February 11, 2015.
The Beckley/Raleigh County Drug and Violent Crime Unit conducted the investigation.This case was prosecuted as part of an ongoing effort led by the United States Attorney’s Office for the Southern District of West Virginia to combat the illicit sale and misuse of prescription drugs and opiates. The United States Attorney’s Office, joined by federal, state and local law enforcement agencies, is committed to aggressively pursuing and shutting down illegal pill trafficking, eliminating open air drug markets, and curtailing the spread of opiate painkillers and heroin in communities across the Southern District.
Point Pleasant Man Admits Defrauding Elderly CoupleRead the Press Release
Defendant swindled victims out of more than $210,000 in bogus investment scheme
Huntington, W.Va. – A Point Pleasant man today admitted defrauding two elderly victims of more than $210,000 in a bogus investment scheme, United States Attorney Booth Goodwin announced. Mark Anthony, 40, of Point Pleasant, West Virginia, pleaded guilty to mail fraud in a hearing before Chief United States District Judge Robert C. Chambers.
Anthony admitted that over a span of nearly 10 years, he deceived an elderly Point Pleasant couple into believing that he was a licensed investment representative who would invest their money in high-yielding annuities and money-market accounts. The couple gave him more than $210,000 of their savings to invest, with the wife continuing to give Anthony money for supposed investments after her husband passed away. Instead of investing the money, Anthony stole it, spending the couple’s nest egg to buy things for himself and pay personal expenses. Occasionally, Anthony mailed the couple a small check that he pretended was a return on their investments, but which actually was Anthony’s own money that he sent to keep them on the hook. Anthony also mailed the couple fake tax forms that pretended to show their income from investments Anthony had made for them.
“Protecting West Virginia’s senior citizens from scams like this has been a priority for me from day one,” said U.S. Attorney Goodwin. “This case is a reminder to stay vigilant. There are plenty more scammers out there like this defendant, who may seem trustworthy but are really out to separate people from their hard-earned savings. Always be wary of any deal that seems too good to be true.”
U.S. Attorney Goodwin’s website provides information for seniors to avoid becoming victims of fraud and other crimes: http://www.justice.gov/usao/wvs/Safe-senior-brochure.pdf.
Anthony faces up to 20 years in prison when he is sentenced on February 17, 2015.
The West Virginia State Police Bureau of Criminal Investigation and the FBI investigated the case. Counsel to the United States Attorney Steve Ruby and Assistant United States Attorney Gabriele Wohl are handling the prosecution.
Ohio Heroin Dealer to Serve Federal Prison SentenceRead the Press Release
CHARLESTON, W.Va. – An Ohio man who twice sold heroin to an informant in Parkersburg, West Virginia was sentenced today to serve a year and a half in federal prison, announced United States Attorney Booth Goodwin. Keith Irons, 24, of Cleveland, Ohio, previously pleaded guilty in April of 2014 to distribution of heroin. On October 3 and 6, 2013, investigators from the Aggressive Crimes Enforcement (ACE) Task Force in Parkersburg used an informant to purchase $2,950.00 worth of heroin from Irons.
The investigation of Irons was part of a larger effort by ACE and the Parkersburg Narcotics and Violent Crimes Task Force (PNTF) to dismantle a large heroin distribution ring involving individuals from Chicago, Illinois and Marion, Ohio. Irons is one of six individuals prosecuted in federal court as a part of the investigation.
This case was investigated by the ACE and the PNTF. Assistant United States Attorney Joshua Hanks handled the prosecution.
The case is being prosecuted as part of an ongoing effort led by the United States Attorney’s Office for the Southern District of West Virginia to combat the illicit sale and misuse of prescription drugs and heroin. The U.S. Attorney’s Office, joined by federal, state and local law enforcement agencies, is committed to aggressively pursuing and shutting down illegal pill trafficking, eliminating open air drug markets, and curtailing the spread of opiate painkillers and heroin in communities across the Southern District.
Newman Drug Gang Member Sentenced in Federal Court in HuntingtonRead the Press Release
Appleton Sold Cocaine, Ecstasy and Heroin at Newman’s Direction
Huntington, W.Va. – United States Attorney Booth Goodwin announced that Brandon Jay Appleton, 25, of Belle, West Virginia, was sentenced today in federal court in Huntington to 33 months of imprisonment for possession with intent to distribute cocaine and MDMA, commonly known as “Molly” or “Ecstasy.” On January 20, 2014, investigators working with the Drug Enforcement Administration conducted a search at 1814 Artisan Avenue, Huntington, West Virginia - the residence of Kenneth Dewitt Newman. At the time of the search, Appleton, who was in the residence, had a bag filled with smaller bags of MDMA and cocaine that he intended to sell. Appleton was one of several defendants who pled guilty following an investigation of Newman and his associates for distributing illegal drugs in the Huntington area. Phone calls intercepted during the course of the Newman investigation revealed that Appleton sold drugs, including cocaine, MDMA and heroin, at Newman’s direction.
In addition to the United States Drug Enforcement Administration, the Huntington Police Department, the Metropolitan Drug Enforcement Network Team and the United States Bureau of Alcohol, Tobacco, Firearms and Explosives actively participated in the investigation. The case is being prosecuted as part of an ongoing effort led by the United States Attorney’s Office for the Southern District of West Virginia to combat the illicit sale and misuse of prescription drugs and heroin. The U.S. Attorney’s Office, joined by federal, state and local law enforcement agencies, is committed to aggressively pursuing and shutting down illegal pill trafficking, eliminating open air drug markets, and curtailing the spread of opiate painkillers and heroin in communities across the Southern District.