Southern District of West Virginia
Press releases recorded for this federal judicial district.
Raleigh County Man Sentenced for Roll in Check Cashing SchemeRead the Press Release
McGann Dummied Up Invoices For Coal Operators As Part Of A Tax Evasion Scheme
CHARLESTON, W.Va. –U.S. Attorney Booth Goodwin announced that Donald R. “Duke” McGann, 62, of Hinton, West Virginia, was sentenced to three years of probation, the first two of which are to be served on home confinement. McGann was previously convicted of tax evasion and structuring cash withdrawals from various banks in southern West Virginia as part of a larger check cashing scheme orchestrated with several coal operators. “Structuring” involves the breaking down of cash transactions in amounts of $10,000 or less for the purpose of avoiding a financial institution’s reporting requirements to the Internal Revenue Service (IRS).
As part of the scheme, McGann would provide a coal operator a bogus invoice reflecting the delivery of goods or services. The coal operator then provided McGann a check, which was deposited into McGann’s checking account. Sometimes with the aid of others, McGann withdrew the cash from his checking account in increments of $10,000 or less to avoid the bank’s reporting requirement. McGann returned the cash to the coal operator less a ten-percent fee. The cash was used to pay cash wages or otherwise kept by the coal operator as a tax-free windfall.
In 2009 alone, McGann cashed over $770,000 checks for three different coal operators.
This case was investigated by the IRS Criminal Investigative Division that focused on James Trent, 53, of Rock View, Wyoming County and others in a larger tax evasion and structuring scheme. Trent was sentenced on November 15, 2013 to three years in prison for tax evasion. Assistant United States Attorney Thomas Ryan handled the prosecution.
Repeat Felon Sentenced to Federal Prison for Gun with Obliterated Serial NumberRead the Press Release
BECKLEY, W.Va. – A convicted felon who possessed a gun with an obliterated serial number in July of 2013 was sentenced today to two years and six months in federal prison, United States Attorney Booth Goodwin announced. Benjamin Payne, 47, of Clear Creek, West Virginia, previously pleaded guilty in September of 2013 and admitted to possessing and storing a loaded revolver with an obliterated serial number in his car. Payne admitted he had acquired the firearm several weeks prior to his arrest. Payne had multiple prior convictions for burglary.
Homeland Security Investigations handled the investigation. Assistant United States Attorney Blaire L. Malkin handled the prosecution. The sentence was imposed by United States District Judge Irene C. Berger.
Parkersburg Drug Felon Pleads Guilty to Illegally Possessing 26 FirearmsRead the Press Release
CHARLESTON, W.Va. – A Parkersburg man, previously convicted of manufacturing a controlled substance pleaded guilty today to a federal gun crime, announced U.S. Attorney Booth Goodwin. Alan Keith Philpott, 46, pleaded guilty to possessing 26 firearms in spite of his status as a convicted felon. Philpott offered his guilty plea before United States District Judge Thomas E. Johnston.
On November 1, 2012 and March 21, 2003 police executed search warrants at Philpott’s residence on Elm Tree Drive near Parkersburg. During the first search, police seized approximately 22 firearms. During the second search warrant, police seized an additional four firearms. Philpott had been previously convicted in December of 2006 in the Circuit Court of Wood County of the felony offense of manufacturing a controlled substance.
Philpott faces up to 10 years in federal prison when he is sentenced on May 15, 2014, at 10:00 a.m.
The West Virginia State Police, Parkersburg Police Department, and the Federal Bureau of Investigation conducted the investigation. Assistant United States Attorney Joshua Hanks is in charge of the prosecution.
New Jersey Man Sentenced to Nearly Five Years in Prison for Possessing Illegal PillsRead the Press Release
BECKLEY, W.Va. – U.S. Attorney Booth Goodwin announced today that a New Jersey man was sentenced to four years and nine months in federal prison for possession with intent to distribute oxycodone, a powerful prescription painkiller. William Ponder, 24 of Teaneck, New Jersey previously pled guilty in October of 2013, admitting that he had illegally possessed the drugs. The oxycodone pills were seized during the execution of a search warrant at a home in Mabscott, West Virginia where Ponder was temporarily staying. Ponder’s sentence was handed down by United States District Judge Irene Berger.
The U.S. Drug Enforcement Administration and the Beckley Police Department handled 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. 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.
Mcdowell County Woman Sentenced for Interfering with an Irs InvestigationRead the Press Release
Charleston, W.Va. – A McDowell County woman was sentenced to one year and one day in federal prison for attempting to interfere with the administration of internal revenue laws, U.S. Attorney Booth Goodwin announced today. The defendant, Bonita Witt-Hird, 59, of Thorpe, West Virginia, was also sentenced to one year of supervised release and ordered to pay restitution in the amount of $422,180.69, which includes $186,819.24 in tax loss and $235,361.46 in interest and penalties.
Witt-Hird was employed by Richmorr and Associates, an Elkview, West Virginia sewage treatment company. Between 2003 and 2009, Witt-Hird failed to file required employment tax returns and make tax deposits for taxes that had been collected from the wages of employees. When contacted by agents with the Internal Revenue Service (IRS), Witt-Hird provided false and altered records, checks, and receipts. These documents were provided to establish that she had satisfied her tax obligations when, in fact, she had not. A subsequent audit revealed that the required taxes had not been paid. The original records were also recovered and compared to the altered records provided by Witt-Hird. Witt Hird admitted to providing false records to IRS agents in an effort to obstruct their investigation. She admitted that she had failed to pay the IRS the employment taxes, and instead diverted money to pay other bills owed by Richmorr and Associates.
The Internal Revenue Service conducted the investigation. Assistant United States Attorney Erik S. Goes handled the prosecution, assisted by Jed Silversmith at the United States Department of Justice, Tax Division, Southern Criminal Enforcement Section. The sentence was imposed by United States District Judge John T. Copenhaver, Jr.
Saint Albans Man Sentenced to Federal Prison for Distributing Heroin StampsRead the Press Release
CHARLESTON, W.Va. – A Saint Albans heroin dealer was sentenced to twenty one months in federal prison, U.S. Attorney Booth Goodwin announced. Leonard Lewis Hare, 39, of Saint Albans, WV, previously pleaded guilty in November of 2013 to distribution of heroin. On August 13, 2012, Hare sold eight (8) heroin “stamps” of approximately .06 grams each, to an informant while at his residence at the Carriage Hill Apartments in Saint Albans.
The Metropolitan Drug Enforcement Network Team conducted the investigation. Assistant United States Attorney, Joshua Hanks handled the prosecution. The sentence was imposed by United States District Judge John T. Copenhaver, Jr.
Goodwin Charges West Logan Restaurant Owner with Laundering Money Derived from Illegal Gambling OperationRead the Press Release
IRS Seizes Over Eighty Illegal Gray Machines from South Williamson, Kentucky Gambling Parlor
CHARLESTON, W.Va. – U.S. Attorney Booth Goodwin filed charges today against a West Logan restaurant owner for laundering cash proceeds of an illegal gambling operation. Since May of 2008, Gregory A. Dotson, 51, of Chapmanville and the proprietor of Giovani’s of Logan in West Logan, operated an illegal poker machine gambling parlor in the back of a tobacco store in South Williamson, Kentucky. Although payouts from poker machines, often referred to as “gray” machines, are illegal under Kentucky law, Dotson routinely paid out gambling winnings to patrons. Dotson retrieved the proceeds from the illegal gambling operation weekly and brought the cash across state lines to his office at Giovanni’s. Dotson then commingled the cash from his legitimate business with his illegal enterprise.
On August 16, 2010, Dotson traveled from West Virginia to Bristol, Tennessee with nearly $12,000 of cash proceeds from the illegal gambling operation and used those funds to help purchase a 2009 Nissan 350z sports car.
In October of 2013, agents from the Internal Revenue Service raided the gambling parlor, and seized forty machines in operation and another forty machines in storage.
The information filed today alleges that the United States intends to forfeit nearly $150,000 in cash, a $96,000 Mercedes sport-utility vehicle, a $50,000 Rolex watch, several expensive firearms, in addition to the eighty gray machines seized from the South Williamson operation.
In addition to the forfeiture, Dotson faces up to ten years in prison a $250,000 fine if convicted.
The investigation was conducted by the Internal Revenue Service with assistance from the Federal Bureau of Investigation. Assistant United States Attorney Thomas Ryan is in charge of the prosecutions.
Aracoma Contracting, Llc Sentenced for Hiding Millions in Cash Withdrawals from Bank of MingoRead the Press Release
Company that schemed to bilk BrickStreet out of millions in insurance premiums ordered to pay more than $4 million in restitution
CHARLESTON, W.Va. –U.S. Attorney Booth Goodwin announced that Williamson, W.Va.-based employee leasing firm, Aracoma Contracting, LLC (“Aracoma”), was sentenced to three years of probation and ordered to pay more than $4 million in restitution and forfeit another $405,000 in connection with a structuring scheme involving more than $2 million in cash withdrawals from the company’s bank accounts once held at a Mingo County bank. “Structuring” involves the breaking down of cash transactions in amounts of $10,000 or less for the purpose of avoiding a financial institution’s reporting requirements to the Internal Revenue Service (IRS).
Acting on behalf of Aracoma, its principals Jerome Edward Russell, 50, of Williamson and Frelin R. Workman, 58, of Belfrey, Kentucky formed a longstanding relationship with Bank of Mingo, and, particularly, one of its employees at the bank’s Williamson branch. From January of 2009 through April of 2012, Aracoma structured at least $2.2 million out of Bank of Mingo. Russell and Workman also enlisted the assistance of a number of individuals who agreed to appear at the Williamson branch and cash cashier’s checks. The cash from the bank withdrawals was later brought back to Aracoma’s office to be used to pay cash payroll.
During the scheme, Aracoma sent advance forms to the Williamson branch prior to the structured cash withdrawals, so the bank could prepare the cash ahead of time. Bank of Mingo would then prepare cashier’s checks in the names of the identified individual or individuals and pre-count the requested cash. When an individual or individuals from Aracoma appeared at a Bank of Mingo teller window, a bank representative presented them with the cashier’s check in the individual’s name. The check was immediately endorsed and the individual was given the pre-counted cash.
Despite numerous times when multiple individuals appeared at the same teller window to endorse cashier’s checks that exceeded $10,000 on Aracoma’s line of credit, Bank of Mingo routinely failed to file notifications, known as currency transaction reports, as required by law.
As part of its sentencing, Aracoma admitted that substantially all of the cash structured out of Bank of Mingo by Aracoma was used to pay the company’s payroll in cash, therefore avoiding the payment of required federal employment taxes and also to make bribe payments to a former BrickStreet field auditor, Arville Sargent.
Sargent, 52, of Chapmanville, previously pleaded guilty in March of 2013 to honest services mail fraud and tax evasion. As a field auditor, Sargent purposely allowed four “employee leasing” companies, including Aracoma, to falsify documents drastically understating their actual payroll. In exchange for saving those policyholders millions of dollars in insurance premiums rightfully owed to BrickStreeet, Sargent accepted hundreds of thousands of dollars in cash bribes and other things of value, including a Yamaha Rhino all-terrain vehicle. At today’s sentencing, the district court held Aracoma jointly and severally liable for the $4 million owed in restitution to BrickStreet and the State of West Virginia by Sargent, Russell and Workman.
Sargent was previously sentenced in October of 2013 to six years in federal prison. Russell and Workman each were sentenced to their thirty months of imprisonment for their role in bribery scheme.
The FBI, the IRS, the West Virginia State Police and the West Virginia Insurance Commission conducted the investigations. Assistant United States Attorney Thomas Ryan is in charge of the prosecutions.
Michigan Felon Sentenced to Federal Prison for Illegal Firearm PossessionRead the Press Release
HUNTINGTON, W.Va. – A 23-year-old Michigan felon who illegally possessed a firearm was sentenced today to two years and six months in federal prison followed by three years of supervised release, announced U.S. Attorney Booth Goodwin. Deandrew Fizer III, of Romulus, Michigan, pleaded guilty in October of 2013 to being a felon in possession of a firearm. Fizer was previously convicted of felonious assault in Wayne County Michigan in June of 2010.
On June 7, 2013, officers with the Huntington Police Department responded to a burglary in progress at Sycamore Street in Huntington. Police entered the residence and found Fizer in a bedroom with a .45 caliber pistol lying within his reach. Fizer, who was arrested, waived his Miranda rights and told police that he had possessed the firearm for approximately a week.
The investigation was conducted by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Huntington Police Department. Assistant United States Attorney Joseph F. Adams handled the prosecution.
The case was prosecuted 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.
Kentucky Man Sentenced to Federal Prison for Tax FraudRead the Press Release
Defendant cheated the IRS out of nearly $250,000
Huntington, W.Va. – Christopher Hutchinson of Ashland, Kentucky, was sentenced today to federal prison and ordered to make full restitution for failing to pay nearly $250,00 in federal employment taxes, United States Attorney Booth Goodwin announced. Hutchinson owned and operated at least ten different electrical and security businesses from 1990 to 2012 in the Huntington, West Virginia and Ashland, Kentucky areas, including Peck Security Systems and ICE Electrical Company. As an employer, Hutchinson was required to collect taxes from the wages of his employees and pay those taxes to the Internal Revenue Service. Hutchinson pleaded guilty on October 15, 2013.
The Internal Revenue Service conducted the investigation. Assistant United States Attorney Erik S. Goes handled the prosecution, assisted by Charles Edgar with the United States Department of Justice, Tax Division. The sentence was imposed by United States District Judge Robert Chambers.
Huntington Man Sentenced to Federal Prison for Illegal Prescription DrugsRead the Press Release
HUNTINGTON, W.Va. – A Huntington pill dealer was sentenced today to one year and nine months in federal prison followed by three years of supervised release, U.S. Attorney Booth Goodwin announced. Eric Lavell Minter, 28, of Huntington, previously pleaded guilty in October of 2013 to possession of oxycodone with intent to distribute. On May 20, 2013, agents with the Drug Enforcement Administration Task Force found Minter in a parked car at the Greyhound Bus Station in Huntington, with a plastic baggie in his lap counting oxycodone tablets. Minter was arrested and gave a statement to police admitting that he was involved in the distribution of pills in the Huntington area.
The Drug Enforcement Administration and Huntington Police Department conducted the investigation. Assistant United States Attorney Joseph F. Adams handled the prosecution. The sentence was imposed by Chief United States District Judge Robert C. Chambers.
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. 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.
Huntington Man Pleads Guilty to Major Federal Heroin ChargeRead the Press Release
Dealer busted with more than a kilo of heroin, hundreds of Rx pills; faces at least 10 years in federal prison
Huntington, W.Va. – United States Attorney Booth Goodwin announced today that Alvester Thomas pleaded guilty to possession with intent to distribute 1000 grams or more of heroin. Agents with the Huntington Violent Crime and Drug Task Force found the heroin in a safe inside the home that Thomas shared with Kristen Michelle Graley at 3008 Rear Third Avenue, Huntington, West Virginia. Graley has pleaded guilty to related drug charges. Thomas admitted that the heroin was his and that he intended to sell it in the Huntington area. In addition to the heroin, agents seized 545 oxycodone pills, 73 oxymorphone pills, additional amounts of heroin in the living room of the home, and approximately three pounds of marijuana. Agents also recovered a gun from the kitchen of the home and approximately $17,230 in United States currency.
Thomas faces 10 years to life imprisonment and a $10,000,000 fine. He is scheduled to be sentenced on May 9, 2014, by the Honorable Robert C. Chambers.
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. Assistant United States Attorney Greg McVey is responsible for the prosecution.Convicted Drug Felon Sentenced to Federal Prison for Illegal Firearm PossessionRead the Press Release
Huntington, W.Va. - A 29 year-old Putnam County man was sentenced today to three years and ten months in federal prison for being a convicted felon in possession of a firearm, announced U.S. Attorney Booth Goodwin. Joseph R. Elswick, of Hurricane, West Virginia, previously pleaded guilty in November of 2013 to being a felon in possession of a firearm before Chief United States District Judge Robert C. Chambers in Huntington. On December 27, 2012, Hurricane Police Officers responded to a call that a man was using drugs in a parked car. The officers approached Elswick who was in the vehicle. Elswick fled from the officers and upon his arrest was found to be in possession of a loaded .32 caliber pistol. Elswick was prohibited from possessing a firearm due to a 2009 felony drug conviction. He had not had his right to possess a firearm restored.
This investigation was conducted by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Hurricane Police Department. Special Assistant United States Attorney Sharon M. Frazier handled the prosecution.
Charleston Crack Dealer Sentenced to 262 Months in Federal PrisonRead the Press Release
CHARLESTON, W.Va. – A Charleston man who sold cocaine base, commonly known as crack cocaine, to an informant in January of 2012 on Central Avenue in Charleston was sentenced today to 262 months in federal prison, U.S. Attorney Booth Goodwin announced. Marvin Lee Garrett, 33, was convicted at trial in October of 2012 for distributing crack cocaine. Garrett is a career offender, having at least two prior convictions for drug offenses and crimes of violence.
The case was prosecuted as part of the Charleston area’s Drug Market Intervention (DMI) initiative. The DMI initiative was launched in February 2012 by Charleston Police Chief Brent Webster and U.S. Attorney Booth Goodwin, in collaboration with other federal, state, and local law enforcement agencies, as well as leaders representing several West Side community organizations. The DMI initiative was initiated in Charleston as a strategic problem-solving effort aimed at closing down open-air drug markets that breed crimes of violence and disorder. The Metropolitan Drug Enforcement Network Team conducted the investigation. Assistant United States Attorneys William King and Joshua Hanks handled the prosecution. The sentence was imposed by United States District Judge Thomas E. Johnston.
Virginia Man Pleads Guilty to Home InvasionRead the Press Release
Charleston, W.Va. – United States Attorney Booth Goodwin announced today that Robert L. Barcliff, 29, of Wytheville, Virginia, pleaded guilty in federal court in Charleston, West Virginia, to home invasion armed robbery. On April 22, 2012, Barcliff, Keith Glenn, Robert Jared Smith, and William Seltzer rushed a Marmet, West Virginia apartment thought to be occupied by drug dealers from Detroit, Michigan. Barcliff and Smith, dressed in dark clothing, stormed the apartment at gunpoint, stole drug money and then ran into hiding. Barcliff and his gang targeted drug dealers because they were thought to be unlikely to report the robberies to police for fear of implicating themselves in drug crimes. Other similar home invasion robberies were committed in Charleston and surrounding communities, but the crime spree also extended to Virginia, Pennsylvania, and Tennessee.
“Some of these robberies occurred in neighborhoods where families live and where children play outside---places where decent people have every right to expect to be safe and free from this type of violent behavior,” said U.S. Attorney Goodwin. “But when prescription and other types of illegal drugs are involved, criminal behavior is unpredictable and can be dangerous. Be assured, my office is committed to ensuring that these kind of offenders are identified, investigated and prosecuted to the fullest extent of the law, so that people can be safe in their homes.”
Glenn, Smith, and Seltzer have all entered guilty pleas in federal court for charges related to this investigation and are awaiting sentencing.
Barcliff faces a up to life imprisonment when he is sentenced on May 7, 2014, by United States District Court Judge Thomas E. Johnston.
The South Charleston Police Department, Charleston Police Department, and the Federal Bureau of Investigation conducted the investigation. Assistant United States Attorneys Monica D. Coleman and Philip H. Wright are in charge of the prosecution.
Former Mingo County Commissioner Sentenced to Federal Prison for ExtortionRead the Press Release
David Baisden stripped local vendor of nearly $60,000 in county business for refusing to give him special discount
CHARLESTON, W.Va. – United States Attorney Booth Goodwin today announced that former Mingo County Commissioner David L. Baisden was sentenced to 20 months in federal prison for using his public office to commit extortion.
In June 2009, Baisden, 67, of Delbarton, West Virginia, shook down the Appalachian Tire store in Williamson, West Virginia, for a deep discount on tires for his personal car, threatening to cut off the store’s county business unless it complied. When Appalachian refused Baisden’s demand, he used his authority as the commission’s purchasing agent to make good on his threat, stripping Appalachian of nearly $60,000 in county business.
More recently, Basiden played a key role in a scheme to obstruct a federal investigation of former Mingo County Sheriff Eugene Crum. In early 2013, Baisden learned that a Mingo County drug defendant was informing to the Federal Bureau of Investigation (FBI) regarding alleged criminal conduct by Crum. Baisden and other county officials orchestrated a scheme to remove the informant’s defense attorney, who was encouraging the FBI cooperation, and replace him with another attorney handpicked by Baisden. Former Mingo County Circuit Judge Michael Thornsbury and former Mingo County Prosecuting Attorney Michael Sparks have pleaded guilty in connection with that scheme.
“The people of Mingo County and southern West Virginia are sick and tired of crooked politicians,” said U.S. Attorney Goodwin. “They deserve honest leaders who will work hard to make West Virginia a better place, not feather their own nests. These prosecutions should send a strong message: politicians are not above the law, and there are serious consequences for abusing the public’s trust.”
Goodwin’s office forced Baisden off the Mingo County Commission last October as part of a plea agreement. That agreement barred Baisden from ever seeking or serving in public office again.
As part of Baisden’s sentence, United States District Court Judge John T. Copenhaver, Jr., ordered him to repay nearly $8,000 to Appalachian Tire and the Goodyear Tire and Rubber Company to reimburse the profits he cost them. After he completes his prison time, Baisden will spend three years on federal supervised release.
The FBI and the West Virginia State Police are conducting the investigation of corruption in Mingo County. Counsel to the United States Attorney Steven Ruby and Assistant United States Attorney Haley Bunn are in charge of the prosecutions.
Italian National Sentenced to Prison for Illegal Reentry Following DeportationRead the Press Release
Beckley, W.Va. – Francesco Gulino, an Italian national, was sentenced to 46 months in federal prison for illegal reentry into the United States after being deported, U.S. Attorney Booth Goodwin announced today. On April 20, 2011, Mr. Gulino was deported to his native country of Italy after completing a sentence for attempted felonious assault. Two years after his deportation, on April 20, 2013, agents with the Department of Homeland Security found Gulino residing in Raleigh County, West Virginia. Gulino admitted that he had been deported to Italy, but illegally reentered the United States by coming though Canada.
After Gulino has completed the sentence for illegal reentry, the United States Department of Homeland Security will take action to deport Guilino again.
The Department of Homeland Security conducted the investigation, assisted by the Raleigh County Sheriff’s Department. Assistant United States Attorney Erik S. Goes handled the prosecution. The sentence was imposed by United States District Judge Irene Berger.
Former Network Engineer Pleads Guilty to Crashing Employer's Computer SystemRead the Press Release
Defendant faces prison time; must repay EnerVest for damage to computer system
CHARLESTON – United States Attorney Booth Goodwin announced today that a former network engineer at Charleston-based EnerVest Operating pleaded guilty to intentionally causing damage to his employer’s computer system. Ricky Joe Mitchell, 34, now of Mableton, GA, admitted that in June of 2012, shortly after he learned that he was going to be fired, he remotely accessed EnerVest’s computer system and reset the network servers to factory settings. As a result of his intentional conduct, EnerVest was unable to fully communicate or conduct business operations for approximately 30 days. In addition, data that the company thought had been backed up could not be retrieved.
“In 2014, it goes without saying that any business’s electronic communication capabilities and data storage are nearly as important to its success as the product or service it provides,” said U.S. Attorney Goodwin. “The prosecution of Mr. Mitchell for his reckless conduct underscores my commitment to help protect small businesses from any threat – both inside and out.”
Mitchell will be sentenced by the Honorable John T. Copenhaver, Jr. on April 24, 2014 to a maximum term of imprisonment of ten years and three years supervised release. Mitchell will also be ordered to pay restitution for the damage caused by his criminal conduct.
The U.S. Secret Service conducted the investigation. United States Attorney Goodwin and Assistant United States Attorney Thomas C. Ryan are handling the prosecution.
U.S. Attorney Booth Goodwin announced the Business Protection Initiative in November 2010. Business protection is a primary initiative of the U.S. Attorney’s Office that focuses on prosecuting individuals who defraud West Virginia businesses.
Crab Orchard Woman Pleads Guilty to Obtaining Powerful Painkillers with A Forged PrescriptionRead the Press Release
BECKLEY, W.Va. - United States Attorney Booth Goodwin announced today that Sherry Lively, 46 of Crab Orchard, West Virginia, pleaded guilty in federal court in Beckley to obtaining oxycodone painkillers by fraud. In July of 2013, Lively took a forged prescription for oxycodone to a local pharmacy. The prescription was forged by an individual who stole a script pad from a Beckley doctor. The pharmacy filled the forged prescription and gave Lively oxycodone pills that were not legitimately prescribed for her. Agents obtained a copy of the forged prescription from the pharmacy and were able to confirm that the doctor whose name was on the prescription had not signed it.
Lively faces up to four years’ imprisonment and a $250,000 fine. United States District Judge Irene Berger has scheduled the sentencing for May 15, 2014.
The DEA and Beckley Police Department handled the investigation.
Charleston Methamphetamine Dealers Enter Federal Guilty PleaRead the Press Release
Dealers busted with two pounds of pure meth and more than $40,000 cash
Charleston, W.Va. – Richard Milton Hudson Riggal, 44, of Zephyrhills, Florida and Howard Leon Lykins, II, 49, of Charleston, West Virginia pleaded guilty today to methamphetamine trafficking charges before United States District Judge John T. Copenhaver, Jr., announced U.S. Attorney Booth Goodwin.
On July 2, 2013 detectives from the Metropolitan Drug Enforcement Network Team (MDENT) searched Lykins’ Stone Acres Drive residence. Riggall was present at the residence when officers arrived. Officers found methamphetamine, digital scales, two firearms, and $41,490.00 in cash in Riggall’s luggage. Police seized additional methamphetamine, firearms, and money from the house.
Police executed a second search warrant at another Kanawha County residence associated with the conspiracy, where they seized more than 900 grams of high-purity “Ice” methamphetamine . Riggall admitted he had brought the Ice from Florida to West Virginia to sell.
Riggall pleaded guilty to possession with intent to distribute methamphetamine. Lykins pleaded guilty to maintaining a residence for drug purposes.
Both men face up to 20 years in federal prison when they are sentenced on April 29, 2014.
MDENT and the DEA Task Force conducted the investigation. Assistant U.S. Attorney Joshua Hanks is in charge of the prosecution.
Beckley Man Pleads Guilty to Obtaining Powerful Painkillers with A Forged PrescriptionRead the Press Release
BECKLEY, W.Va. - United States Attorney Booth Goodwin announced today that Justin Woodie, 22, of Beckley, West Virginia, pleaded guilty in federal court in Beckley to obtaining oxycodone painkillers by fraud. In July of 2013, Woodie attempted to obtain oxycodone pills from a local pharmacy using a forged prescription. The prescription had been forged by an individual who stole a script pad from a Beckley doctor. The pharmacy filled the forged prescription and gave Woodie oxycodone pills that were not legitimately prescribed for him. Agents obtained a copy of the forged prescription from the pharmacy and were able to confirm that the doctor whose name was on the prescription had not signed it.
Woodie faces up to four years’ imprisonment and a $250,000 fine. United States District Judge Irene Berger has scheduled the sentencing for May 15, 2014.
The DEA and Beckley Police Department handled the investigation.
Man Sentenced for Scheme to Steal Fuel from National GuardRead the Press Release
Huntington, W.Va. - United States Attorney Booth Goodwin announced today’s sentencing of Charles Raymond Franklin, for his role in the theft of hundreds of gallons of diesel fuel from the National Guard’s Naval Special Warfare Ops Stock Program. The Naval Special Warfare Command (the Command) is a component of the United States Navy that commanded, trained, equipped and deployed squadrons to support naval operations around the world. The Command contracted with the West Virginia National Guard to store and maintain equipment, including diesel fuel, for naval use.
Franklin, 60, of Red House, West Virginia pleaded guilty in October of 2013 to receiving stolen government property. From May of 2012 until March of 2013, Franklin purchased hundreds of gallons of stolen diesel fuel, at a fraction of its market price, from Matthew Brock, a West Virginia National Guard contract employee. Franklin received over $14,000 worth of diesel fuel from Brock. Brock previously pleaded guilty and was sentenced to probation for four years for stealing the diesel fuel from his employer. Franklin received a sentence of 24 months of probation for purchasing the stolen fuel.
The Federal Bureau of Investigation conducted the investigation. Assistant United States Attorney Blaire Malkin handled the prosecution. The sentence was imposed by United States District Judge Robert C. Chambers.
Man Sentenced for Scheme to Steal Fuel from National GuardRead the Press Release
Huntington, W.Va. - United States Attorney Booth Goodwin announced today’s sentencing of Charles Raymond Franklin, for his role in the theft of hundreds of gallons of diesel fuel from the National Guard’s Naval Special Warfare Ops Stock Program. The Naval Special Warfare Command (the Command) is a component of the United States Navy that commanded, trained, equipped and deployed squadrons to support naval operations around the world. The Command contracted with the West Virginia National Guard to store and maintain equipment, including diesel fuel, for naval use.
Franklin, 60, of Red House, West Virginia pleaded guilty in October of 2013 to receiving stolen government property. From May of 2012 until March of 2013, Franklin purchased hundreds of gallons of stolen diesel fuel, at a fraction of its market price, from Matthew Brock, a West Virginia National Guard contract employee. Franklin received over $14,000 worth of diesel fuel from Brock. Brock previously pleaded guilty and was sentenced to probation for four years for stealing the diesel fuel from his employer. Franklin received a sentence of 24 months of probation for purchasing the stolen fuel.
The Federal Bureau of Investigation conducted the investigation. Assistant United States Attorney Blaire Malkin handled the prosecution. The sentence was imposed by United States District Judge Robert C. Chambers.
Huntington Woman Pleads Guilty to Federal Drug ChargeRead the Press Release
HUNTINGTON, W.Va. - U.S. Attorney Booth Goodwin announced today that Alanna Lynn Mattison, 31, from Huntington, West Virginia, pleaded guilty to a federal drug charge for allowing her apartment to be used for storing and selling heroin and oxycodone.
Between February of 2013 and August of 2013, Mattison rented an apartment at 522 14th Street West in Huntington. She allowed Bobby Nelson Gulley to use this apartment to traffic illegal drugs from Detroit, Michigan to Huntington.
In August of 2013, agents searched multiple locations associated with this drug conspiracy and recovered more than 140 grams of heroin, 974 oxycodone pills and $12,000 in cash.
As part of her plea agreement, Mattison admitted her role in the drug conspiracy with Gulley and Helen Louise Adkins, and also admitted that she sold heroin for Gulley. Gulley pleaded guilty on January 21, 2013, for his involvement in the drug conspiracy.
Mattison faces up to 20 years in federal prison, and is scheduled to be sentenced on April 28, 2014.
The Drug Enforcement Administration and Huntington Police Department 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. 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.Huntington Woman Pleads Guilty to Federal Drug ChargeRead the Press Release
HUNTINGTON, W.Va. - U.S. Attorney Booth Goodwin announced today that Alanna Lynn Mattison, 31, from Huntington, West Virginia, pleaded guilty to a federal drug charge for allowing her apartment to be used for storing and selling heroin and oxycodone.
Between February of 2013 and August of 2013, Mattison rented an apartment at 522 14th Street West in Huntington. She allowed Bobby Nelson Gulley to use this apartment to traffic illegal drugs from Detroit, Michigan to Huntington.
In August of 2013, agents searched multiple locations associated with this drug conspiracy and recovered more than 140 grams of heroin, 974 oxycodone pills and $12,000 in cash.
As part of her plea agreement, Mattison admitted her role in the drug conspiracy with Gulley and Helen Louise Adkins, and also admitted that she sold heroin for Gulley. Gulley pleaded guilty on January 21, 2013, for his involvement in the drug conspiracy.
Mattison faces up to 20 years in federal prison, and is scheduled to be sentenced on April 28, 2014.
The Drug Enforcement Administration and Huntington Police Department 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. 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.
Huntington Heroin Dealer Pleads Guilty in Federal CourtRead the Press Release
HUNTINGTON, W.Va. - U.S. Attorney Booth Goodwin announced today that James Anthony Jones pleaded guilty in federal court in Huntington, West Virginia to possession with the intent to deliver 100 grams or more of heroin.
In November of 2012, Jones and his girlfriend took a Greyhound bus from Detroit, Michigan to Huntington to deliver heroin given to them by Zachary Merritt. Merritt has pleaded guilty to his role in the drug conspiracy and is awaiting sentencing.
Upon arrival in Huntington, Jones gave the heroin to his girlfriend. Before getting into a taxi at the bus station, Jones directed her to hide the heroin inside her body. Instead of following his direction, Jones’ girlfriend placed the heroin under the seat of the taxi. Shortly after leaving the bus station, members of the Huntington Police Department stopped the taxi and seized the heroin.
As part of his plea agreement, Jones admitted that he participated in trafficking 528 grams of heroin to Huntington for resale. Jones, who is scheduled to be sentenced on April 28, 2014, faces up to 40 years imprisonment and a $1 million to $5 million fine.
Assistant United States Attorney Greg McVey 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. 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.
Huntington Heroin Dealer Pleads Guilty in Federal CourtRead the Press Release
HUNTINGTON, W.Va. - U.S. Attorney Booth Goodwin announced today that James Anthony Jones pleaded guilty in federal court in Huntington, West Virginia to possession with the intent to deliver 100 grams or more of heroin.
In November of 2012, Jones and his girlfriend took a Greyhound bus from Detroit, Michigan to Huntington to deliver heroin given to them by Zachary Merritt. Merritt has pleaded guilty to his role in the drug conspiracy and is awaiting sentencing.
Upon arrival in Huntington, Jones gave the heroin to his girlfriend. Before getting into a taxi at the bus station, Jones directed her to hide the heroin inside her body. Instead of following his direction, Jones’ girlfriend placed the heroin under the seat of the taxi. Shortly after leaving the bus station, members of the Huntington Police Department stopped the taxi and seized the heroin.
As part of his plea agreement, Jones admitted that he participated in trafficking 528 grams of heroin to Huntington for resale. Jones, who is scheduled to be sentenced on April 28, 2014, faces up to 40 years imprisonment and a $1 million to $5 million fine.
Assistant United States Attorney Greg McVey 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. 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.
Huntington Bank Robber Sentenced to Nearly Six Years in Federal PrisonRead the Press Release
HUNTINGTON, W.Va. - William Spencer Farley, who robbed the City National Bank on Route 60 in Huntington in July of 2013, was sentenced today to five years and ten months in federal prison, announced U.S. Attorney Booth Goodwin. On July 26, 2013, Farley pointed a pistol at a bank teller and demanded cash. Farley fled the bank with $3,007. Farley, who was captured on camera at the bank, was arrested shortly thereafter, and confessed to robbing the bank in a statement to law enforcement. Farley pleaded guilty to the bank robbery on October 7, 2013.
The Federal Bureau of Investigation and Cabell County Sheriff’s Department conducted the investigation. Assistant United States Attorney Joseph F. Adams handled the prosecution. The sentence was imposed by Chief United States District Judge Robert C. Chambers.Huntington Bank Robber Sentenced to Nearly Six Years in Federal PrisonRead the Press Release
HUNTINGTON, W.Va. - William Spencer Farley, who robbed the City National Bank on Route 60 in Huntington in July of 2013, was sentenced today to five years and ten months in federal prison, announced U.S. Attorney Booth Goodwin. On July 26, 2013, Farley pointed a pistol at a bank teller and demanded cash. Farley fled the bank with $3,007. Farley, who was captured on camera at the bank, was arrested shortly thereafter, and confessed to robbing the bank in a statement to law enforcement. Farley pleaded guilty to the bank robbery on October 7, 2013.
The Federal Bureau of Investigation and Cabell County Sheriff’s Department conducted the investigation. Assistant United States Attorney Joseph F. Adams handled the prosecution. The sentence was imposed by Chief United States District Judge Robert C. Chambers.
Heroin and Pill Dealer Sentenced in Huntington Federal CourtRead the Press Release
Huntington, W.Va. - United States Attorney Booth Goodwin announced today’s sentencing of Brandon Golson for possession with intent to deliver heroin. Chief Judge Robert C. Chambers imposed a sentence of 87 months for Golson’s role in a drug conspiracy that included transporting heroin and oxycodone from Detroit, Michigan for sale in Huntington. Golson pleaded guilty on October 7, 2013 to possession with intent to deliver heroin.
In April of 2013, members of the Huntington Violent Crime and Drug Task Force executed a search warrant at 416 30th Street in Huntington, a place Golson shared with Cory Lynn McCourt. During the search, agents found 10.9 grams of heroin. Golson admitted that the heroin belonged to him and he planned to sell it. Golson told agents that from January of 2010, to April of 2013, he received regular deliveries of heroin and oxycodone pills from Detroit that he sold in Huntington. Golson also reported that he sold crack cocaine during this same period.
Agents also found and seized multiple handguns and rounds of ammunition during the April search. Golson admitted that he used the weapons for his protection during drug deals.
Assistant Greg McVey 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. 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.Heroin and Pill Dealer Sentenced in Huntington Federal CourtRead the Press Release
Huntington, W.Va. - United States Attorney Booth Goodwin announced today’s sentencing of Brandon Golson for possession with intent to deliver heroin. Chief Judge Robert C. Chambers imposed a sentence of 87 months for Golson’s role in a drug conspiracy that included transporting heroin and oxycodone from Detroit, Michigan for sale in Huntington. Golson pleaded guilty on October 7, 2013 to possession with intent to deliver heroin.
In April of 2013, members of the Huntington Violent Crime and Drug Task Force executed a search warrant at 416 30th Street in Huntington, a place Golson shared with Cory Lynn McCourt. During the search, agents found 10.9 grams of heroin. Golson admitted that the heroin belonged to him and he planned to sell it. Golson told agents that from January of 2010, to April of 2013, he received regular deliveries of heroin and oxycodone pills from Detroit that he sold in Huntington. Golson also reported that he sold crack cocaine during this same period.
Agents also found and seized multiple handguns and rounds of ammunition during the April search. Golson admitted that he used the weapons for his protection during drug deals.
Assistant Greg McVey 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. 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.Ceredo Woman Pleads Guilty to Federal Heroin ChargeRead the Press Release
Huntington, W.Va. - U.S. Attorney Booth Goodwin announced that Helen Louise Adkins, of Ceredo, pleaded guilty today in federal court to distributing heroin to an undercover Drug Enforcement Administration (DEA) Agent.
In January of 2013, Adkins sold two grams of heroin to an undercover DEA agent in the parking lot of a Huntington grocery store. When confronted, Adkins admitted that she was involved in a drug conspiracy with Bobby Nelson Gulley and Alanna Lynn Mattison to transport heroin and oxycodone from Detroit, Michigan for distribution in Huntington. Between January and August of 2013, Adkins allowed Gulley to sell the drugs from her apartment at 522 14th Street West in Huntington.
In August of 2013, agents searched multiple locations associated with the drug conspiracy. During the search, agents recovered over 140 grams of heroin, 974 oxycodone tablets and $12,000 in cash. Gulley pleaded guilty on January 21, for his involvement in the conspiracy.
Adkins faced up to 20 years in federal prison. Sentencing is scheduled for April 28, 2014. DEA and the Huntington Police Department 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. 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.
Ceredo Woman Pleads Guilty to Federal Heroin ChargeRead the Press Release
Huntington, W.Va. - U.S. Attorney Booth Goodwin announced that Helen Louise Adkins, of Ceredo, pleaded guilty today in federal court to distributing heroin to an undercover Drug Enforcement Administration (DEA) Agent.
In January of 2013, Adkins sold two grams of heroin to an undercover DEA agent in the parking lot of a Huntington grocery store. When confronted, Adkins admitted that she was involved in a drug conspiracy with Bobby Nelson Gulley and Alanna Lynn Mattison to transport heroin and oxycodone from Detroit, Michigan for distribution in Huntington. Between January and August of 2013, Adkins allowed Gulley to sell the drugs from her apartment at 522 14th Street West in Huntington.
In August of 2013, agents searched multiple locations associated with the drug conspiracy. During the search, agents recovered over 140 grams of heroin, 974 oxycodone tablets and $12,000 in cash. Gulley pleaded guilty on January 21, for his involvement in the conspiracy.
Adkins faced up to 20 years in federal prison. Sentencing is scheduled for April 28, 2014. DEA and the Huntington Police Department 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. 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.
Charleston Man Who Illegally Purchased Prescription Drugs Sentenced to Federal PrisonRead the Press Release
CHARLESTON, W.Va. – A Charleston pill dealer who illegally purchased powerful prescription painkillers in April 2012 was sentenced yesterday to six months in federal prison, announced U.S. Attorney Booth Goodwin. William Lewis Thornhill, II, 31, previously pleaded guilty in October to possession with intent to distribute oxymorphone, also known as “Opana.” Thornhill’s sentence was handed down by U.S. District Judge John T. Copenhaver, Jr. in Charleston. On April 4, 2012, Thornhill purchased approximately 50 40-milligram Opana tablets. Thornhill told police that he intended to sell the prescription pain tablets. The illegal transaction occurred in and around Kanawha City.
The Metropolitan Drug Enforcement Network Team conducted the investigation. Assistant United States Attorney Joshua Hanks handled the prosecution.
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. 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.Two Charleston Men Enter Guilty Pleas to Federal Drug Distribution ChargesRead the Press Release
Defendants charged as part of Charleston’s West Side Drug Market Intervention initiative
CHARLESTON, W.Va. – Two Charleston men each face up to 20 years in prison after pleading guilty today to federal drug charges, U.S. Attorney Booth Goodwin announced. Deandre D. Coleman, 22, pleaded guilty to distribution of crack cocaine. In a separate hearing, defendant Jamaal D. Davis, also known as “DT,” pleaded guilty to heroin distribution. Both men pleaded guilty in front of United States District Judge John T. Copenhaver, Jr. in Charleston federal court.
Davis and Coleman were prosecuted as part of the Charleston area’s Drug Market Intervention (DMI) initiative. The defendants were designated members of the DMI A-list, which comprises the most serious offenders identified in the initiative.
On July 9, 2013, Coleman sold crack cocaine to a confidential informant working in cooperation with the Metropolitan Drug Enforcement Network Team (MDENT) in exchange for $100. A lab test determined that the crack cocaine weighed .52 grams.
Davis, 22, sold heroin to a police informant on June 13, 2013 in exchange for $180. The illegal drug transaction took place on Roane Street in Charleston.
The Charleston Police Department and other law enforcement agencies, including MDENT, have conducted undercover operations and completed investigations culminating in federal charges being filed against thirteen individuals.
The DMI initiative was launched in February 2012 by U.S. Attorney Booth Goodwin and Charleston Police Chief Brent Webster, in collaboration with other federal, state, local law enforcement agencies and leaders representing several West Side community development organizations. A continuation of the DMI initiative was announced last month in Charleston.
The DMI strategy also included a staged community intervention that was held at the New Covenant Missionary Baptist Church on Charleston’s West Side. The community intervention meeting offered a rare second chance for five low-level, non-violent offenders to end their criminal activity and avoid being prosecuted, if a strict set of guidelines set by law enforcement are obeyed. The Dec. 12 community intervention call-in meeting was attended by offenders’ relatives, concerned citizens, and faith-based leaders from the West Side community. The call-in meeting was coordinated and attended by federal, state and local law enforcement officials.
Davis and Coleman are scheduled to be sentenced on April 22, 2014.
Assistant United States Attorney John Frail is in charge of the prosecutions.
Six Sentenced in Connection with Major False Billing Scheme at AlphaRead the Press Release
Seven defendants charged to date in ongoing fraud investigation at Massey legacy mines
CHARLESTON, W.Va. – A total of six individuals have been sentenced for their roles in a major false billing scheme involving sourcing agents at former Massey Legacy Mines (“Massey”) -- now Alpha Natural Resources (“Alpha”) -- and certain companies that provided supplies, equipment, and services to Alpha, U.S. Attorney Booth Goodwin announced today. Donald Bryan Steele, the former owner of M&S Hydraulics, a major Alpha supplier, was sentenced today to 18 months in federal prison. Steele, 43, of Barboursville, previously pleaded guilty to wire fraud and aiding and abetting in connection with the fraud scheme.
When approached by law enforcement in February 2013, Steele admitted to investigators that during the scheme, he illegally provided cash and other things of value to former Massey sourcing agents Joey R. Phalin, Edward Ellis Mullins, and Nicholas R. Coleman, in exchange for bogus invoices for payment that M&S Hydraulics knowingly had not provided. Between at least July 2007 through 2012, Steele falsely billed, through the sourcing agents, approximately $1.3 million for goods and services that were not provided.
The sourcing agents, who were generally responsible for ordering goods and services for mining operations from Alpha suppliers, participated in the illegal scheme to obtain goods for their own personal benefit. The sourcing agents hid numerous illegal transactions by creating false invoices.
Phalin, 36, of Crab Orchard, W.Va., was sentenced today to five years’ probation, the first three months of which are to be served on home confinement. Mullins, 41, of Peytona, W.Va., was sentenced yesterday to five years’ probation, the first ten months of which are to be served on home confinement. Coleman, 29, of Lester, W.Va. was sentenced yesterday to five years’ probation for his role in the scheme.
Through his cooperation, Steele identified other sourcing agents involved in the scheme. Last week, former sourcing agent Ricky R. Smith, of 49, Glen Daniels, was sentenced to 1 ½ years in federal prison. James Rodger Long II, 34, of Beckley, also a sourcing agent, was sentenced to 1 ½ years in prison.
Harold Wayne Brown, II, a former Alpha underground maintenance chief, previously pleaded guilty to making a false statement to federal authorities regarding benefits he had received from the false billing scheme. Brown, II, 41, of Madison, W.Va. is scheduled to be sentenced on Jan. 21, 2014.
The investigation was conducted by the FBI and the West Virginia State Police with cooperation from Alpha Natural Resource’s internal security team. Assistant United States Attorney Thomas Ryan is in charge of the prosecutions.
In June 2011, Alpha Natural Resources finalized the purchase of Massey, including the mining divisions located along WV Route 3 in Boone and Raleigh counties.
Detroit Man Enters Guilty Plea to Federal Drug ChargeRead the Press Release
Defendant Kermit Ware III charged as part of Charleston’s West Side Drug Market Intervention initiative
CHARLESTON, W.Va. – A Detroit man who used a cell phone to commit a drug crime in July 2013 entered a guilty plea in Charleston federal court today, U.S. Attorney Booth Goodwin announced. On July 10, 2013, Kermit Ware, III, used his cell phone to facilitate an illegal heroin transaction. Ware, 25, pleaded guilty today before United States District Court Judge John T. Copenhaver, Jr.
Ware is scheduled to be sentenced on April 14, 2014. The defendant is being prosecuted as part of the Charleston area’s Drug Market Intervention (DMI) initiative. Ware was designated a member of the DMI A-list, which comprises the most serious offenders identified in the initiative.
The Kanawha Bureau of Investigation and the Metropolitan Drug Enforcement Network Team conducted the investigation. Assistant United States Attorney Joshua Hanks is in charge of the prosecution.
The DMI initiative was launched in February 2012 by U.S. Attorney Booth Goodwin and Charleston Police Chief Brent Webster, in collaboration with other federal, state, local law enforcement agencies and leaders representing several West Side community development organizations. A continuation of the DMI initiative was announced last month in Charleston.
Over the past several months, the Charleston Police Department and other law enforcement agencies have conducted undercover operations and completed investigations culminating in federal charges being filed against thirteen individuals.
Drug Market Intervention, first implemented in High Point, North Carolina, and replicated with success in several other cities, including Huntington, W.Va., is a strategic problem-solving initiative aimed at closing down drug markets that breed crimes of violence and disorder.
The DMI strategy also included a staged community intervention that was held in December 2013 at New Covenant Missionary Baptist Church on Charleston’s West Side. The community intervention meeting offered a rare second chance for five low-level, non-violent offenders to end their criminal activity and avoid being prosecuted, if they obey a set of strict guidelines established by law enforcement. The Dec. 12, 2013 community intervention call-in meeting was attended by offenders’ relatives, concerned citizens, and faith-based leaders from the West Side community. The call-in meeting was organized and attended by federal, state and local law enforcement officials.
Charleston Man Sentenced to 5 Years in Federal Prison for Illegal Possession of A PistolRead the Press Release
CHARLESTON, W.Va. – A Charleston felon who illegally possessed a firearm and ammunition in July 2012 was sentenced today to five years in federal prison, announced U.S. Attorney Booth Goodwin. Thirty-three-year-old Marcus J. Kenner, also known as “Cheese,” previously pleaded guilty in September 2013 to being a felon in possession of a firearm. The sentence was handed down by United States District Court Judge John T. Copenhaver, Jr. in Charleston.
On July 14, 2012, Kenner possessed a 9-millimeter pistol and ammunition in Charleston. Kenner was previously convicted in January 2006 of possession with intent to deliver a controlled substance in the Circuit Court of Kanawha County. The defendant did not have his rights to possess a firearm restored.
The investigation was conducted by the Charleston Police Department. Assistant United States Attorney John Frail handled the prosecution.
This case was prosecuted 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.
Shady Man Sentenced to Nearly 5 Years in Federal Prison for Stealing High-powered RifleRead the Press Release
BECKLEY, W.Va. – A Shady Spring man who stole a high-powered rifle from a Raleigh County residence last year was sentenced yesterday to four years and nine months in federal prison, announced U.S. Attorney Booth Goodwin. Cameron Martin Taylor, 25, of Shady Spring, Raleigh Co., W.Va., previously pleaded guilty in September 2013 to stealing a firearm. Taylor’s sentence was handed down by United States District Judge Irene C. Berger in Beckley.
On April 24, 2013, Taylor stole an AR-50 rifle from a residence located near White Oak, Raleigh Co., W.Va.
The investigation was conducted by the West Virginia State Police. Assistant United States Attorney John File handled the prosecution.
The 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.
Inmate Sentenced to 3 + Years for Attempting to Escape Fci Prison at McdowellRead the Press Release
BLUEFIELD, W.Va. – A federal inmate was sentenced today to three years and one month in prison for attempting to escape the Federal Correctional Institution (FCI) at McDowell, announced U.S. Attorney Booth Goodwin. Jason Dunlap, an inmate at FCI McDowell, 35, previously pleaded guilty in September 2013. Dunlap’s sentence was imposed by Senior United States District Court Judge David A. Faber in Bluefield.
On May 7, 2013, Dunlap attempted to escape at FCI McDowell by climbing to the top of the first of two perimeter fences at the prison. Dunlap was immediately apprehended by prison officials.
The Court ordered the sentence to run consecutive to the defendant’s current prison term. Dunlap is currently serving a 188-month sentence on his convictions in federal court in California of bank robbery, armed bank robbery and interstate transportation of stolen motor vehicles.
The investigation was conducted by the Federal Bureau of Prisons. Assistant United States Attorney John File handled the prosecution.
Statement of U.S. Attorney Goodwin on Investigation into Chemical Release into Water SupplyRead the Press Release
CHARLESTON, W.Va. – United States Attorney Booth Goodwin today issued the following statement regarding his office’s investigation into the release of a potentially dangerous chemical into the southern West Virginia water supply:
“As the immediate water crisis begins to ease and West Virginians regain access to drinkable water, I want to make three things clear. One, my office will continue working as quickly as possible to find out exactly what happened here, including the complete timeline of the release and what was done---or not done---before and after it. Two, if our investigation reveals that federal criminal laws were violated, we will move rapidly to hold the wrongdoers accountable. And three, companies whose facilities could affect the public water supply should be on notice: if you break federal environmental laws, you will be prosecuted. Our drinking water is not something you can take chances with, and this mess can never be allowed to happen again.”
Click here to listen to an audio sound bite from U.S. Attorney Booth Goodwin
Huntington Felon Pleads Guilty to Illegal Firearm Possession ChargeRead the Press Release
HUNTINGTON, W.Va. – A Huntington felon faces up to 10 years in prison after pleading guilty to a federal firearm possession charge, U.S. Attorney Booth Goodwin announced today. Jerry T. Kinney, 29, pleaded guilty to possession of a firearm by a prohibited person. On September 5, 2013, Kinney illegally possessed a .45 caliber pistol near Huntington.
Kinney was previously convicted of possession of a controlled substance in November 2002 in the Third Judicial Circuit Court in Detroit, Michigan. Kinney also was previously convicted of possession of a firearm by a prohibited person in October 2010 in the Circuit Court of Cabell County, West Virginia. He did not have his rights to possess a firearm restored.
Kinney is scheduled to be sentenced on April 14, 2014 by Chief United States District Judge Robert C. Chambers.
The investigation was conducted by the Huntington Violent Crimes and Drug Task Force. Assistant United States Attorney Gregory McVey is in charge of the prosecution.
The case is being 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.
Detroit Man Sentenced to 5 Years in Federal Prison for Selling HeroinRead the Press Release
HUNTINGTON, W.Va. – A Detroit man was sentenced to five years in federal prison today in connection with a heroin distribution scheme, announced U.S. Attorney Booth Goodwin. Durrell Desean Lucas, also known as “D,” of Huntington, previously pleaded guilty in September 2013 to conspiracy to distribute 100 grams or more of heroin. Lucas’ sentence was handed down by Chief United States District Court Judge Robert C. Chambers in Huntington.
Between January 2013 and July 1, 2013, Lucas, 40, participated in a heroin distribution scheme in and around the Huntington area. Lucas told police that he and several associates made trips from Detroit to Huntington to sell heroin. During the scheme, Lucas also made phone calls to an undercover DEA agent to arrange two separate heroin transactions on June 30 and July 1, 2013. The two heroin transactions took place in Huntington.
DEA agents obtained a search warrant for an apartment located in the Prichard Building in Huntington. Mr. Lucas, who was inside of the apartment at the time the search warrant was executed, told police that he threw approximately 12 grams of heroin out the window. Officers were able to find the heroin.
Mr. Lucas told police that he was responsible for selling a total of approximately 150 to 250 grams of heroin in and around Huntington.The Drug Enforcement Administration and the Huntington Police Department conducted the investigation. Assistant United States Attorney Gregory McVey handled prosecution.
Columbus Man Who Had Heroin and Oxycodone Enters Federal Guilty PleaRead the Press Release
HUNTINGTON, W.Va. – A Columbus man who had heroin and oxycodone during an August 2013 traffic stop pleaded guilty today to a federal drug charge, announced U.S. Attorney Booth Goodwin. Antoine Walker, 27, pleaded guilty to conspiracy to distribute heroin and oxycodone before Chief United States District Judge Robert C. Chambers in Huntington.
On August 7, 2013 Walker’s vehicle was stopped by members of the Ohio Highway Patrol. During the traffic stop, police found approximately 300 grams of heroin and 498 oxycodone pills inside of Walker’s vehicle.
Walker told police that he was en route to Huntington and intended to deliver the heroin and oxycodone to an associate.
Walker faces up to 20 years in federal prison when he is sentenced on April 14, 2014.
The Huntington Violent Crimes and Drug Task Force conducted the investigation. Assistant United States Attorney Gregory McVey 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. 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.
Statement of U.S. Attorney Goodwin on Chemical Release into Water SupplyRead the Press Release
CHARLESTON, W.Va. – United States Attorney Booth Goodwin today issued the following statement regarding yesterday’s release of a potentially dangerous chemical into the southern West Virginia water supply:
“Yesterday’s release of a potentially dangerous chemical into our water supply has put hundreds of thousands of West Virginians at risk, severely disrupted our region’s economy, and upended people’s daily lives. My office and other federal law enforcement authorities have opened an investigation into the circumstances surrounding the release. We will determine what caused it and take whatever action is appropriate based on the evidence we uncover.”
Click here to listen to an audio sound bite from U.S. Attorney Booth Goodwin
Charleston Man Sentenced to Nearly 5 Years in Prison on Federal Drug ChargeRead the Press Release
Police found a total more than 3,700 wrapped doses of heroin and cocaine during traffic stop
CHARLESTON, W.Va. – A 28-year-old man who had thousands of individually wrapped doses of heroin and cocaine during a June 2013 traffic stop in Charleston was sentenced today to four years and nine months in federal prison, U.S. Attorney Booth Goodwin announced. William Charles Landon, IV, of Charleston, previously pleaded guilty in October 2013 to possession with intent to distribute heroin and cocaine. The sentence was handed down by United States District Court Judge Thomas E. Johnston in Charleston.
On June 16, 2013, police conducted a traffic stop of Landon’s vehicle along Interstate 79 in Charleston. Landon later consented to a search of the vehicle. During the search, police seized approximately 3,747 individually wrapped doses of heroin and nearly 100 grams of cocaine. Landon told police that the cocaine and heroin belonged to him.
This case was investigated by the Metropolitan Drug Enforcement Network Team. Assistant United States Attorney Joshua Hanks handled the prosecution.
Wayne Co. Felon Sentenced to 2 Years in Federal Prison for Illegal Possession of A FirearmRead the Press Release
CHARLESTON, W.Va. – A Wayne County felon who illegally possessed a firearm was sentenced today to two years in federal prison, U.S. Attorney Booth Goodwin announced. Keith Brian Clark, 47, of East Lynn, W.Va., previously pleaded guilty in October 2013 to being a felon in possession of a firearm. The sentence was handed down by United States District Court Judge John T. Copenhaver, Jr. in Charleston.
On June 18, 2012, Clark illegally possessed a 9-millimeter pistol near Harts, Lincoln County, W.Va. Clark was previously convicted in August 2004 of second degree robbery in the Circuit Court of Wayne County. The defendant did not have his rights to possess a firearm restored.
The investigation was conducted by the Bureau of Alcohol, Tobacco, Firearms and Explosives. Assistant United States Attorney 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.For Illegal Oxycodone PossessionRead the Press Release
RHODE ISLAND PILL DEALER SENTENCED TO FEDERAL PRISON
CHARLESTON, W.Va. – A Rhode Island pill dealer who had hundreds of oxycodone pills and thousands in cash inside of a rented Charleston-area hotel room in May 2012 was sentenced today to two years and eight months in federal prison, U.S. Attorney Booth Goodwin announced. Benjamin Steven Campopiano, 29, of Cranston, Rhode Island, previously pleaded guilty in September 2013 to possession of oxycodone with intent to distribute. On May 22, 2012, law enforcement agents obtained a search warrant for an Embassy Suites hotel room that was rented at the time by Campopiano. During the execution of the search warrant, police seized approximately 298 30-milligram oxycodone tablets, $7,820 in cash and marijuana.
Campopiano told police that he distributed oxycodone to individuals in and around Charleston. The defendant also told police that the cash seized from his rented hotel room was proceeds collected from illegal pill transactions.
The United States Postal Inspection Service and the Metropolitan Drug Enforcement Network Team conducted the investigation. Assistant United States Attorney Joshua Hanks handled the prosecution.
The sentence was imposed by United States District Judge Thomas E. Johnston.
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. 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.
Mercer Pedophile with Child Pornography Pleads Guilty to Federal ChargeRead the Press Release
BLUEFIELD, W.Va. – A 60-year-old Mercer County pedophile faces up to 20 years in prison after pleading guilty yesterday to possession of child pornography, U.S. Attorney Booth Goodwin announced. Johnny Richard Rowe, of Bluewell, W.Va., entered a guilty plea on Jan. 6 before Senior United States District Court Judge David A. Faber in Bluefield.
On June 19, 2013, Rowe possessed pictures of prepubescent minors having sex or performing sexual acts. Rowe possessed the images depicting child pornography on his personal computer.
Rowe is scheduled to be sentenced on May 12, 2014.
The West Virginia Internet Crimes Against Children Task Force and the Mercer County Sheriff’s Department conducted the investigation. Assistant United States Attorney Lisa 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.
Former Mining Supply Businessman Sentenced to Federal Prison ForRead the Press Release
ILLEGAL CASH STRUCTURING SCHEME
BLUEFIELD, W.Va. – A former mining supply businessman was sentenced to federal prison after pleading guilty earlier this year to structuring thousands of dollars in bank transactions, announced U.S. Attorney Booth Goodwin. Michael J. Prasatek, Sr., 67, of Bluefield, was sentenced yesterday to 16 months in prison. The sentence was handed down by Senior United States District Court Judge David A. Faber. Prasatek, a former businessman who managed several supply companies in and around southern West Virginia since 1978, knowingly provided a coal mine operator with bogus invoices in a scheme known as “selling cash.”
During the scheme, in exchange for fake supply invoices, Prasatek received a check in the amount of the fictitious invoice and later deposited the money into his personal bank account. Prasatek then returned the cash to his associate for a fee. Prasatek knew that the false invoice could be used for unlawful purposes such as filing a false tax deduction.
To further his scheme, Prasatek opened up checking accounts at two McDowell County banks using the names “Michael Prasatek DBA Prestige Paving & Sealing” and “Michael Prasatek DBA Quality Services” and routinely structured cash withdrawals. “Structuring” involves the breaking down of cash transactions in amounts of $10,000 or less for the purpose of avoiding a financial institution’s reporting requirements to the IRS.
Prasatek admitted that beginning in May 2010 until December 20111, he structured several cash transactions totaling approximately $55,000, to intentionally avoid the mandatory financial reporting requirements.
The Court also sentenced Prasatek to three years’ supervised release and ordered him to pay a $3,000 fine.
The investigation was conducted by the IRS. Assistant United States Attorney Thomas Ryan handled the prosecution.