Southern District of West Virginia
Press releases recorded for this federal judicial district.
Mercer Co. Man Sentenced to Nearly 2 Years in Prison for Federal Mine Safety ViolationRead the Press Release
BLUEFIELD, W.Va. – A Mercer County man who falsified mandatory mine safety reports while employed at several West Virginia mining operations was sentenced to 21 months in federal prison, U.S. Attorney Booth Goodwin announced today. Craig Belcher, 37, of Bluefield, W.Va., previously pleaded guilty in July to providing a false statement, representation and certification in a Mine Safety and Health Administration (MSHA) document. Belcher’s sentence was handed down today by Senior United States District Court Judge David A. Faber in Bluefield.
In January 2009, Belcher was hired to work as an underground mine foreman at Spartan Mining Company’s Road Fork No. 51 mine located in Wyoming County. Also in February 2009, Belcher was hired to perform mine foreman duties at Frasure Creek’s Mine No. 15 located in Fayette County. Belcher also performed similar foreman duties in May 2009 at Pay Car’s Mine No. 58 in McDowell County, and, in July 2010 at Double Bonus’s Mine No. 65 in Wyoming County.
Between January 27, 2009 and July 13, 2010, Belcher signed pre-shift and on-shift reports which indicated that he had properly examined particular sections at each mine. Belcher was not certified as a foreman when he completed the mine reports. Belcher also falsified information on pre-shift and on-shift reports by using foreman’s numbers that did not belong to him.
The investigation was conducted by MSHA. Assistant United States Attorney Blaire Malkin handled the prosecution.
Goodwin Announces Three Indicted for Scamming Senior CitizensRead the Press Release
Defendants posed as family members and clergymen to rip off Good-Samaritan victims
*Audio clip included*
CHARLESTON, W.Va. – Three individuals who participated in an alleged scheme that netted more than $60,000 in one week from senior citizens in West Virginia and elsewhere have been indicted on multiple federal fraud charges, U.S. Attorney Booth Goodwin announced today. According to a 12-count indictment unsealed today, Kacey K. Moise, 38, of Elmont, N.Y., Charnita E. Ryland, 21, of Montgomery, Md., and Sheray J. McKay, 21, of Suitland, Md., have been charged with conspiracy to commit wire fraud and wire fraud. Kacey Moise was arrested today in Elmont, N.Y. The indictment describes the defendants’ fraudulent tactics, which included posing as family members of their elderly victims and pretending to be clergymen. After establishing their victims’ trust, the defendants claimed to be facing a financial emergency and asked the victims to wire money right away.
"Scams to steal from older West Virginians are downright shameful,” U.S. Attorney Booth Goodwin said. “Protecting our state’s senior citizens is one of my top priorities, and in 2014, we’re going to work harder than ever to catch criminals who cheat seniors.”
According to the indictment, beginning in or about November 7, 2012, and continuing through November 13, 2012, Moise, Ryland and McKay allegedly participated in a scheme to solicit money from 18 elderly individuals who resided in West Virginia and other states. As part of the scheme, numerous elderly individuals were called at their homes and asked for money under false pretenses. It was a part of the scheme that the callers, posing as family members or clergymen of the elderly citizens, or lawyers for the so-called family members or clergymen, often falsely stated that they had been in car accidents, had been arrested for driving while intoxicated, and needed money to get out of jail, pay attorney’s fees, and make reimbursement for the damage allegedly caused by their accidents. The callers then provided specific instructions to wire the requested funds – including how much to wire and where to send the wire transfers. In many instances, the elderly individuals made several wire transfers at the repeated requests of the callers – despite their limited funds. The defendants charged in the indictment picked up the funds from the wire transfers in Maryland and New York. The victims targeted in the alleged scheme ranged in age from 70 to 95 years old.
Ryland and McKay were previously arrested in Maryland in December 2013, and are each scheduled to appear before United States Magistrate Judge Dwayne L. Tinsley this week to be arraigned.
Moise is expected to appear before Judge Tinsley on January 23, 2014, for arraignment.
Each defendant faces up to 20 years in prison if convicted.
Today’s charges are part of U.S. Attorney Goodwin’s work to protect West Virginia’s senior citizens. Over the past few years, Goodwin has visited senior center locations in nearly twenty West Virginia counties to offer tips to protect seniors in their homes and help them avoid financial scams like this one. Additional information regarding this initiative can be found at: http://www.justice.gov/usao/wvs/safe-seniors.html
Note: The charges contained in the indictment are merely accusations, and the defendants are presumed innocent unless and until proven guilty.
Click here to view a copy of the indictment
Click here to listen to an audio clip from U.S. Attorney Booth Goodwin
Beckley Man Enters Federal Guilty Plea in Connection with Arson SchemeRead the Press Release
Defendant Antonio Wade set fire to apartment stairway; the residence was occupied by his acquaintance and a child
CHARLESTON, W.Va. – A 29-year-old man who in August 2013 deliberately set fire to clothing located beneath the entrance of a Charleston apartment where his acquaintance and a child resided at the time pleaded guilty to a federal arson charge, U.S. Attorney Booth Goodwin announced today. Antonio LeJune Wade, of Beckley, pleaded guilty today in front of United States District Court Judge John T. Copenhaver, Jr. in Charleston. Wade was charged in a one-count indictment in October.
On August 25, 2013, Wade intentionally set fire to clothing that he placed beneath a wooden staircase, causing the steps connected to a 6th Avenue apartment in Charleston to catch fire. The staircase served as the sole entrance and exit to the residence. Wade told police that he knew the apartment was occupied by his acquaintance and a toddler at the time he set the blaze.
Members from the Charleston Police Department and the Charleston Fire Department responded to the scene and contained the fire. The individuals who were inside of the apartment at the time were uninjured.
Wade faces a mandatory minimum of five years in prison when he is sentenced on April 2, 2014.
The Bureau of Alcohol, Tobacco, Firearms and Explosives and the Charleston Police Department conducted the investigation. Assistant United States Attorney Blaire Malkin is in charge of the prosecution.
Charleston Crack Cocaine Dealer Enters Guilty Plea to Federal Drug ChargeRead the Press Release
Defendant William Richmond charged as part of Charleston’s West Side Drug Market Intervention initiative
CHARLESTON, W.Va. – A Charleston man faces up to 20 years in prison after pleading guilty today in federal court to crack cocaine distribution, U.S. Attorney Booth Goodwin announced. Thirty-one-year-old William Edward Richmond sold crack cocaine to a police informant on June 7 in exchange for cash. The illegal drug transaction took place near the intersection of Park Avenue and Central Avenue on Charleston’s West Side.
Richmond is scheduled to be sentenced on March 27, 2014, by United States District Judge John T. Copenhaver, Jr.
Richmond is being prosecuted as part of the Charleston area’s Drug Market Intervention (DMI) initiative.
The defendant was designated a member of the DMI A-list, which comprises the most serious offenders identified in the initiative.
The Charleston Police Department Special Enforcement Unit 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 earlier this 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 earlier this month 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 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 Enters Guilty Plea to Federal Heroin Distribution ChargeRead the Press Release
Defendant Brandon “Fresh” Solomon charged as part of Charleston’s West Side Drug Market Intervention initiative
CHARLESTON, W.Va. – A Charleston man faces up to 20 years in prison after pleading guilty today in federal court to distribution of heroin, U.S. Attorney Booth Goodwin announced. Brandon Christopher Solomon, also known as “Fresh,” was charged with three counts contained in an indictment returned in October. Solomon, 19, admitted that he sold heroin to a police informant in exchange for cash.
Solomon is being prosecuted as part of the Charleston area’s Drug Market Intervention (DMI) initiative. He is scheduled to be sentenced on March 19, 2014 by United States District Judge John T. Copenhaver, Jr. Solomon was designated a member of the DMI A-list, which comprises the most serious offenders identified in the initiative.
The Charleston Police Department conducted the investigation. Assistant United States Attorney Haley Bunn 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 earlier this 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 last week 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.
Kanawha Co. Men Who Attempted Theft of Dangerous Chemical to Make Meth Sentenced to Federal PrisonRead the Press Release
Attempted theft at mining waste treatment site caused a substantial chemical leak, prompted shelter-in-place for nearby eastern Kanawha residents
CHARLESTON, W.Va. – Two men who participated in a scheme to steal anhydrous ammonia from an eastern Kanawha County mining waste water treatment site in October 2008 in order to make methamphetamine were sentenced yesterday to federal prison, U.S. Attorney Booth Goodwin announced. Jason Hudnall, of Malden, W.Va. was sentenced to three and a half years in prison. Hudnall, 36, previously pleaded guilty in September to conspiracy to steal anhydrous ammonia and negligent release of anhydrous ammonia into the air. Hudnall’s co-defendant John Wesley Tucker, 48, of Georges Creek, W.Va., was sentenced to one year in prison and fined one thousand dollars after pleading guilty in October to conspiracy to steal anhydrous ammonia to be used to manufacture methamphetamine. Both sentences were handed down by United States District Court Judge John T. Copenhaver, Jr. in Charleston.
Anhydrous ammonia, an extremely hazardous chemical, is ammonia in a gaseous form that does not contain water. The chemical is generally used to treat mining runoff in waste water ponds. Anhydrous ammonia has also been sought by individuals as a component in the illegal production of methamphetamine.
During the scheme, Tucker, Hudnall and two other co-conspirators, used tools, including a battery-powered saw, to cut a security lock on a 1000-gallon storage tank containing anhydrous ammonia.
The co-conspirators also brought portable tanks onto the property to store and transport the stolen anhydrous ammonia. Tucker, Hudnall and two associates split a theft-prevention valve cover which caused anhydrous ammonia to leak into the air. As a result of the chemical exposure, the co-conspirators fled the scene and left the anhydrous ammonia storage tank valve open. Approximately 500 gallons of anhydrous ammonia leaked into the air. Emergency service units, including the Belle and Chesapeake Fire Departments, DuPont Chemical Company’s Hazardous Material Team, members of the West Virginia State Police, employees from Penn-Virginia Resources, and employees from Republic Mining, responded to the unsuspected leak.The anhydrous ammonia leak also prompted the Kanawha County Office of Emergency Services to issue a shelter-in-place safety procedure as a precaution for nearby eastern Kanawha County residents.
Penn-Virginia Resources, owner of the damaged storage tank, lost approximately 2500 pounds of anhydrous ammonia at a cost of $1,725. The company also paid Mallard Environmental approximately $3,325 to clean up the area surrounding the damaged tank. DuPont Emergency Response Group also incurred approximately $1,800 in expenses as a result of the chemical leak.Co-conspirator Mitchell Ray Workman, 34, of Chelyan, Kanawha County, W.Va., was previously sentenced in April to 2 ½ years in prison for his role in the conspiracy to steal anhydrous ammonia.
A fourth co-conspirator, Jason Brown, 34, of Malden, W.Va., previously pleaded guilty in April for his role in theft scheme—driving the other three conspirators to the mine site. Brown was sentenced in October to three years of supervised release with the first six months to be served in community confinement. Brown’s supervised release term also called for six months to be served home confinement, which included an electronic monitoring device.
Each defendant was ordered to pay restitution in the amount of $6,850 for the damage caused by the leak. The anhydrous ammonia tank has since been removed from the site.
The Environmental Protection Agency and the West Virginia State Police conducted the investigation. Assistant United States Attorneys Erik S. Goes, William King and Blaire Malkin handled the prosecutions.
Parkersburg Man Sentenced to 2 ½ Years in Prison for Violating Federal Sex Offender Registration LawRead the Press Release
HUNTINGTON, W.Va. – A Parkersburg man was sentenced yesterday to two and a half years in federal prison, followed by 10 years of supervised release for failing to update his sex offender registration as required by the Sex Offender Registration and Notification Act, U.S. Attorney Booth Goodwin announced. Dwaine Allen Collins, also known as “Dwaine Allen Cline,” 54, previously was convicted after a bench trial in September.
“Just last week, I joined fellow law enforcement officials in Beckley to announce the results of a blitz that netted 54 sex offenders who were out of compliance with the law,” U.S. Attorney Booth Goodwin said. “Our message was straightforward: If you are out of compliance, we will track you down and we will bring you to justice.” Goodwin added, “This sentencing helps underscore that sex offender registration is not optional.”
On July 8, 1998, Collins was convicted of two counts of indecent liberties with a child in the Cumberland County Superior Court, in Cumberland, North Carolina. As a result of this sex offense conviction, Collins was required to register as a sex offender for 15 years under federal law.
An investigation conducted by the United States Marshals Service revealed that Collins registered as a sex offender in Ohio on August 22, 2001.The investigation further revealed that on or after February 23, 2011, Collins traveled from Ohio to West Virginia, where he resided in Parkersburg, Wood County, W.Va. Collins was found to have not his sex offender registration in West Virginia as required by the Sex Offender Registration and Notification Act.
As a result of three law enforcement-led regional sweeps, a combined total of more than 1000 sex offender compliance checks have completed over the past year.
The Sex Offender Registration and Notification Act is part of the Adam Walsh Child Protection and Safety Act of 2006 (Public Law 109-248). SORNA provides a comprehensive set of minimum standards for sex offender registration and notification in the United States.
The United States Marshals Service conducted the investigation. Assistant United States Attorney Jennifer Rada handled the prosecution. The sentence was imposed by Chief United States District Court Judge Robert C. Chambers.
This case was prosecuted as part of U.S. Attorney Goodwin’s ongoing initiative to combat child sexual exploitation and abuse in the Southern District of West Virginia.
Parkersburg Man Sentenced to 2 ½ Years in Prison for Violating Federal Sex Offender Registration LawRead the Press Release
HUNTINGTON, W.Va. – A Parkersburg man was sentenced yesterday to two and a half years in federal prison, followed by 10 years of supervised release for failing to update his sex offender registration as required by the Sex Offender Registration and Notification Act, U.S. Attorney Booth Goodwin announced. Dwaine Allen Collins, also known as “Dwaine Allen Cline,” 54, previously was convicted after a bench trial in September.
“Just last week, I joined fellow law enforcement officials in Beckley to announce the results of a blitz that netted 54 sex offenders who were out of compliance with the law,” U.S. Attorney Booth Goodwin said. “Our message was straightforward: If you are out of compliance, we will track you down and we will bring you to justice.” Goodwin added, “This sentencing helps underscore that sex offender registration is not optional.”
On July 8, 1998, Collins was convicted of two counts of indecent liberties with a child in the Cumberland County Superior Court, in Cumberland, North Carolina. As a result of this sex offense conviction, Collins was required to register as a sex offender for 15 years under federal law.
An investigation conducted by the United States Marshals Service revealed that Collins registered as a sex offender in Ohio on August 22, 2001.The investigation further revealed that on or after February 23, 2011, Collins traveled from Ohio to West Virginia, where he resided in Parkersburg, Wood County, W.Va. Collins was found to have not his sex offender registration in West Virginia as required by the Sex Offender Registration and Notification Act.
As a result of three law enforcement-led regional sweeps, a combined total of more than 1000 sex offender compliance checks have completed over the past year.
The Sex Offender Registration and Notification Act is part of the Adam Walsh Child Protection and Safety Act of 2006 (Public Law 109-248). SORNA provides a comprehensive set of minimum standards for sex offender registration and notification in the United States.
The United States Marshals Service conducted the investigation. Assistant United States Attorney Jennifer Rada handled the prosecution. The sentence was imposed by Chief United States District Court Judge Robert C. Chambers.
This case was prosecuted 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 Beckley Physician’s Office Employee Pleads Guilty to Theft of Prescription PainkillersRead the Press Release
Defendant Tina Richmond stole a doctor’s script pad that was used to illegally obtain oxycodone tablets
BECKLEY, W.Va. – A former Beckley-area physician’s office employee pleaded guilty in federal court today to illegally obtaining the powerful prescription painkiller oxycodone. Tina Marie Richmond, 41, of Beckley, W.Va., committed a federal felony by aiding and abetting the acquiring and obtaining a controlled substance by misrepresentation, fraud, forgery, deception and subterfuge. Richmond pleaded guilty today in front of United States District Court Judge Irene C. Berger in Beckley.
"Prescription drug abuse damages continues to take a toll on communities all over southern West Virginia," said U.S. Attorney Goodwin. "I'm committed to doing everything possible to get this problem under control."
Prior to August 2, 2013, during her employment at a Beckley doctor’s office, Richmond stole a prescription pad belonging to her former employer, a Beckley doctor. The prescription pad contained the Drug Enforcement Administration registration number assigned to the doctor. Richmond told police that on August 2, 2013, she took the script pad without authorization, forged the doctor’s signature on the script pad and then gave it to a known acquaintance in exchange for money.
An investigation determined that the forged script, written for 90 30-milligram oxycodone pills, was filled at a Beckley pharmacy.
Richmond faces up to 20 years in prison and a $1,000,000 fine when she is sentenced on April 17, 2014.
The Beckley Police Department is in charge of the investigation.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.
Goodwin Awards Former Mingo Pill Mill Bldg. and Forfeited Cash to the West Virginia State PoliceRead the Press Release
Total of more than $1.5 million has been seized from pill mill operators
WILLIAMSON, W.Va. – A Williamson-based office building that formerly housed Mountain Medical Care Clinic, a notorious pill mill, along with more than $340,000 in cash proceeds forfeited by one of its operators now will belong to the West Virginia State Police, U.S. Attorney Booth Goodwin today announced.
Goodwin, joined by U.S. Marshal John Foster, Federal Bureau of Investigation (FBI) Senior Supervisory Resident Agent in Charge Chris Courtright and other members of law enforcement, presented West Virginia State Police Superintendent Col. C.R. “Jay” Smithers with a check in amount of $341,937.61 today in front of the former West Third Avenue pill mill, shut down in 2010 following an extensive federal investigation that ended with several criminal convictions.
“This pill mill did enormous harm across a wide swath of Mingo County and beyond,” U.S. Attorney Booth Goodwin said. “Now we’ve put its operators in prison and hit them in the pocketbook, to the tune of more than $1.5 million.”
Goodwin continued, “A few years back, I made a commitment to go after pill dealers, along with the proceeds generated from their illegal activities. Today’s announcement is a result of that commitment. Every time we put a pill mill out of business, it’s a big step toward getting this district’s biggest crime problem under control.”
A final order of forfeiture was entered in federal court in Charleston on Oct. 23 in the civil forfeiture case against Myra Miller, which concluded all forfeiture cases linked to Mountain Medical.
Myra Sue Miller, a former office manager at Mountain Medical, agreed to forfeit her interest in the clinic’s two commercial buildings valued at approximately $610,000, along with $475,823.75 in cash seized from her residence. Miller, 50, of South Williamson, Ky., previously pleaded guilty in March 2013 to misusing a Drug Enforcement Administration (DEA) registration number that belonged to her former boss, Mingo County doctor William F. Ryckman. Miller, who gave out prescriptions for powerful narcotics in exchange for cash from individuals at Mountain Medical, was sentenced in September 2013 to six months in federal prison.
Dr. Ryckman, 66, was previously convicted in March 2012 for his role in the conspiracy. Ryckman was sentenced to six months in prison followed by one year of supervised release for conspiracy to misuse his DEA registration number. From February 17, 2010, until February 19, 2010, Ryckman caused numerous controlled substances to be prescribed using his DEA registration number to individuals who were not evaluated or seen by him.
A total of $413,050.89 from a Mountain Medical bank account listed in Ryckman’s name has been seized and forfeited by federal authorities.
In a separate case, former Mingo County doctor Diane E. Shafer forfeited $134,550. Shafer, 60, was previously sentenced in September 2012 to six months in prison for conspiracy to misuse her DEA registration number. She also prescribed powerful narcotics to individuals she did not examine.
Records indicate between 2003 and early 2010, Shafer wrote more than 118,000 prescriptions for controlled substances. Though she was a solo practitioner, Shafer, by herself, wrote more prescriptions for controlled substances than several West Virginia hospitals did during that period.The government also seized $88,029 from former Mingo County practitioner, Katherine Hoover. Hoover, who did not work at Mountain Medical but had close ties to several employees at the clinic, has not been charged criminally to date.
A total of $1,586,903.72 in assets held by former employees, clinic bank accounts and related commercial property tied to the former Williamson clinic have been forfeited to the government.
The U.S. Attorney’s Office is responsible for enforcing and collecting civil and criminal debts owed to the U.S. and criminal debts owed to federal crime victims.
Forfeited assets are deposited into the Department of Justice Assets Forfeiture Fund and Department of Treasury Forfeiture Fund and are used to restore funds to crime victims and for a variety of law enforcement purposes.
The criminal cases were investigated by the Drug Enforcement Administration, the West Virginia State Police, the FBI and the Department of Health and Human Services – Office of Inspector General.
Pictured from left to right: West Virginia State Police (WVSP) Superintendent Col. C.R. “Jay” Smithers, U.S. Attorney Booth Goodwin, FBI Senior Supervisory Resident Agent in Charge Chris Courtright, U.S. Marshal John Foster and WVSP Maj. Tim Bradley today in front of the former Mountain Medical Clinic in Williamson.
Major Methamphetamine Dealer Sentenced to 20 Years in Federal PrisonRead the Press Release
Late WV State Police members Corporal Marshall Bailey and Trooper Eric Workman played pivotal role in building case against longtime Clay meth supplier
CHARLESTON, W.Va. – A Clay County man who ran a pipeline that brought large quantities of methamphetamine from North Carolina to West Virginia was sentenced yesterday to 20 years in federal prison, U.S. Attorney Booth Goodwin announced. Raymond Hersman, 47, of Wallback, W.Va., was previously convicted in May for selling methamphetamine. Herman’s sentence was handed down by United States District Court Judge Thomas E. Johnston.
“Raymond Hersman was a significant methamphetamine dealer in and around the Clay County, West Virginia area,” U.S. Attorney Booth Goodwin said. “Today, instead of peddling poison, he’s going to prison.”
Goodwin continued, “This is perhaps the last investigation on which the late Trooper Eric Workman and the late Corporal Marshall Bailey worked. The people of Clay County and of West Virginia are safer because of the brave and skilled work of these two dedicated officers.”
According to evidence revealed during the three-day trial, law enforcement agents began investigating Hersman’s suspected meth distribution scheme in and around Clay County in August 2012. At the time, agents were aided in the investigation by West Virginia State Troopers Cpl. Marshall Bailey and Trooper Eric Workman. Cpl. Bailey and Tpr. Workman, both of whom patrolled the Clay County area, provided essential details to fellow law enforcement agents which outlined Hersman’s methamphetamine operation.
The information provided by Bailey and Workman assisted the investigation and culminated in the criminal conviction of Hersman in May.
Cpl. Marshall Bailey and Tpr. Eric Workman were shot and killed in the line of duty following a traffic stop near Clay County in late August 2012.
Hersman was previously convicted in April 1993 in the United States District Court for the Southern District of West Virginia of conspiracy to distribute methamphetamine and possession with intent to distribute methamphetamine.
The West Virginia State Police, the Drug Enforcement Administration, and the Metropolitan Drug Enforcement Network Team conducted the investigation. Assistant United States Attorneys Monica D. Coleman and John Frail handled the prosecution.
Law Enforcement Officials Announce Results of Southern W.va. Sex Offender Registration Compliance BlitzRead the Press Release
Operation Lump of Coal found 54 sex offenders out of compliance
BECKLEY, W.Va. – A major four-day law enforcement blitz aimed at verifying compliance of more than 317 registered sex offenders currently residing in five southern West Virginia counties found 54 offenders out of compliance, U.S. Attorney Booth Goodwin, U.S. Marshal John D. Foster, and West Virginia State Police Capt. Brad Mankins announced today during a press conference in Beckley, W.Va.
The initiative, known as Operation Lump of Coal, is a multi-agency law enforcement effort targeting registered sex offenders to determine individual compliance with the Sex Offender Registration and Notification Act, also known as SORNA. Led by the U.S. Marshals Service’s Cops United Felony Fugitive Enforcement Division (CUFFED), Operation Lump of Coal targeted 317 registered sex offenders and found 263 to be in compliance. A total of 54 individuals were determined to be out of compliance within the Southern District of West Virginia during checks conducted on Dec. 9-12 of this week.
U.S. Attorney Booth Goodwin said, “Registering as a sex offender is not optional. It’s not something that offenders can simply put on the back burner or casually get around to completing whenever they feel like it. It’s mandatory.” Goodwin continued, “I’ve made prosecuting sex offenders who violate federal registration requirements one of my office’s top priorities. Today I want to reiterate that message: If you are out of compliance, we will track you down and we will bring you to justice.”
Operation Lump of Coal was initiated by members of the West Virginia State Police, in cooperation with the U.S. Marshals Service’s CUFFED Division. The four-day law enforcement sweep covered Mercer, McDowell, Monroe, Summers and Wyoming counties.
“One registered sex offender out of compliance is one too many,” U.S. Marshal John Foster said. “The U.S. Marshals Service is thoroughly committed to tracking down fugitives who attempt to evade the law.”
In August, a similar law enforcement sweep known as Operation Coal Dust was initiated in Boone, Lincoln and Logan counties. Operation Coal Dust conducted compliance checks on 209 registered sex offenders and found a total of 10 individuals out of compliance.Also, in December 2012, a compliance sweep dubbed Operation River Cities, aimed at Cabell, Mingo and Wayne counties, netted 18 arrests after nearly 300 checks were conducted.
As a result of the three regional operations, a combined total of more than 1000 offender compliance checks have been made.
The Sex Offender Registration and Notification Act is part of the Adam Walsh Child Protection and Safety Act of 2006 (Public Law 109-248). SORNA provides a comprehensive set of minimum standards for sex offender registration and notification in the United States.
Former Walker Machinery Branch Manager Pleads Guilty to Federal Fraud ChargeRead the Press Release
Mark R. Trump stole $90,000 in rental fees owed to the company
BECKLEY, W.Va. – A former branch manager for heavy equipment distributor Cecil I. Walker Machinery Company (“Walker Machinery”) faces up to 20 years in prison after pleading guilty yesterday in connection with a scheme that bilked a total of more than $90,000 in rental fees from the company, announced United States Attorney Booth Goodwin. Mark Randall Trump, of Cool Ridge, Raleigh County, W.Va., pleaded guilty to wire fraud before United States District Judge Irene C. Berger in Beckley.
In 2009 and continuing up until his dismissal from Walker Machinery in April 2012, Trump, 43, a branch manager at Walker Express, the company’s full-line rental service store based in Crab Orchard, W.Va., began offering certain customers special rates for equipment rentals without the company’s authorization. An investigation revealed that during the scheme, Trump was paid directly, often by cash or personal check, by certain customers for numerous equipment rentals. Trump later deposited the fraudulent payments into his personal checking account. To conceal the scheme from Walker Machinery, Trump entered the customer data into the company’s system and printed a matching rental agreement form. However, upon the return of the equipment, Trump made entries into the company’s records indicating that the rental had been cancelled, deleted from the computer system, or not invoiced at all. Trump also failed to process the receiving paperwork through Walker Machinery’s service department, as required for all company rental transactions.
In total, Trump took approximately $90,000 in rental fees owed to the company for his personal use. As a result of the fraud, the company incurred a loss of approximately $367,000.
Trump is scheduled to be sentenced on April 17, 2014.
The investigation was conducted by the West Virginia State Police and the FBI. Assistant United States Attorney Blaire Malkin is in charge of the prosecution.
This case is being prosecuted as part of the United States Attorney’s Office for the Southern District of West Virginia’s Business Protection Initiative. 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.
Former Chapmanville Insurance Agent Pleads Guilty to Federal Charges in Connection with Arson SchemeRead the Press Release
William J. Thompson accepted $50k to help arsonist collect $1 million insurance payment following blaze of Logan office building
CHARLESTON, W.Va. – A former Chapmanville insurance agent who assisted an arsonist in obtaining a fraudulent insurance policy following the February 2012 blaze of a Logan office building pleaded guilty today to federal conspiracy charges, announced U.S. Attorney Booth Goodwin. William Jamey Thompson, 44, entered a guilty plea today to conspiracy to commit mail fraud, wire fraud and aiding and abetting arson before United States District Judge Thomas E. Johnston in Charleston.
In November 2011, James Gregory Glick, 44, of Logan, arranged to have an office building located at 111 Stratton Street in Logan burned to collect more than $1 million in insurance proceeds. In late December 2011, the building was purchased by a known person for $45,000 prior to the scheme. That person, in turn, immediately sold the property to Glick in early January 2012 purportedly for $50,000.
On the night of February 1, 2012, Guy Miller, 39, of Logan, along with Shawn C. Simon, 41, of Charleston and Michael Williams, 44, of Logan, worked together to set the fire to the building by spreading gasoline throughout the main floor.Mr. Glick then paid Thompson approximately $50,000 to obtain a fraudulently-inflated $1 million insurance policy from General Star Indemnity Company (“General Star”) in connection with the scheme.
Mr. Glick and co-defendant Mr. Miller both previously pleaded guilty last month to arson and conspiracy to commit mail and wire fraud. Mr. Glick also pleaded guilty to conducting unlawful monetary transactions, and structuring currency transactions in connection with the scheme. Mr. Simon previously pleaded guilty in November to obstruction of justice for his role in destroying a security camera that captured the arsonists fleeing the scene.
Additionally, Mr. Glick made illegal transactions of more than $10,000 from the Logan Bank & Trust (“LB&T”) on more than nine occasions. Mr. Glick also structured more than $170,000 in monies from accounts at LB&T during the conspiracy. “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).
Glick faces a minimum of seven years in prison when he is sentenced on February 19, 2014, by United States District Judge Thomas E. Johnston.
Miller, who also previously pleaded guilty in November to a federal drug charge, participated in an oxycodone distribution conspiracy in and around Logan County during the spring of 2011. Miller faces a minimum of seven years in prison when he is sentenced on February 19, 2014.
Simon faces up to 20 years in prison when he is sentenced on February 20, 2014.
An information has been filed in the case involving Williams, but a plea hearing has not yet been scheduled.
Thompson faces up to faces a minimum of seven years in prison when he is sentenced on March 24, 2014.
The IRS, the West Virginia State Police and the West Virginia Insurance Commission conducted the investigation. Assistant United States Attorney Thomas Ryan is in charge of the prosecution.Ohio Man Sentenced to More Than 14 Years in Federal Prison for Crack Cocaine ConspiracyRead the Press Release
Owen’s brother previously sentenced in Oct. to almost 11 years in prison for his part in crack distribution scheme
CHARLESTON, W.Va. – An Ohio man was sentenced today to 14 years and seven months in federal prison for his role in a crack cocaine distribution conspiracy, U.S. Attorney Booth Goodwin announced. Retsyn Deshawn Owens, 43, of Akron, Ohio, previously pleaded guilty in April to conspiracy to distribute crack cocaine and heroin. Owens participated in a crack distribution scheme that included his brother and co-defendant, Renardo Darnell Owens, in February this year.
Renardo Darnell Owens, 38, also of Akron, Ohio, was sentenced in October to ten years and ten months in prison after previously pleading guilty to a crack cocaine distribution conspiracy charge.
On February 11, 2013, Renardo Owens sold crack cocaine to a police informant working in cooperation with the Metropolitan Drug Enforcement Network Team (MDENT) in exchange for $140. The next day, Renardo Owens sold $300 worth of crack cocaine to an informant. He also gave the informant $500 worth of crack cocaine and expected to be paid after the drugs were sold.
On February 13, 2013, Owens’ brother, Retsyn, arranged to meet the police informant at a predetermined location in Charleston. After arriving at the predetermined location, Retsyn Owens accepted $500 from the informant. The money that Retsyn Owens received from the informant on February 13, 2013 was payment for a crack cocaine transaction his brother had performed two days prior.
Retsyn Owens also provided the informant $500 worth of crack cocaine on February 13, 2013 and expected payment after the drugs were sold. On February 14, 2013, Renardo Owens accepted $500 from a police informant as payment for crack cocaine. Also, on February 14, 2013, Renardo Owens handed the informant $1,000 worth of crack cocaine and expected payment after the drugs were sold. On February 15, 2013, MDENT agents executed a search warrant at a Charleston residence and seized drug paraphernalia, cash, and three bags containing crack cocaine. During the execution of the search warrant, police also arrested Renardo Owens, who was inside of the residence at the time.
Renardo Owens was previously convicted in October 1999 of cocaine possession and trafficking in the Court of Common Pleas in Summit County, Ohio.
Retsyn Owens was on federal supervised release out of New York at the time he committed the federal drug felony in West Virginia.
In today’s hearing, United States District Judge Thomas E. Johnston sentenced Retsyn Owens to a total of 175 months in prison: 24 months for the revocation of supervised release and 151 months for the drug offense. Judge Johnston ordered the prison sentences to be served consecutively.
The Metropolitan Drug Enforcement Network Team and the Charleston Police Department conducted the investigation. Assistant United States Attorney Joshua Hanks handled both prosecutions.
Bluefield Pill Dealer Sentenced to More Than 5 Years in Prison as Part of Federal Prescription Drug CrackdownRead the Press Release
Six co-defendants have been convicted and sentenced to prison time in Bluefield Pill Initiative
BLUEFIELD, W.Va. – The lead defendant in a Bluefield pill distribution conspiracy was sentenced yesterday to five years and eleven months in prison after pleading guilty earlier this year to a federal drug charge, announced U.S. Attorney Booth Goodwin. Thirty-four-year-old Carlos R. Ivy, of Bluefield, previously pleaded guilty in August to distribution of oxycodone. On February 22, 2013, Ivy distributed oxycodone to an associate in exchange for cash. Ivy was charged with seven counts contained in a 51-count indictment returned in May.
The May indictment named a total of sixteen defendants who were charged with various drug-related felonies. Ivy, along with six co-defendants, have previously pleaded guilty to federal drug charges and sentenced to federal prison. The following defendants have also received prison terms:
- Elizabeth Ann Stewart, 30, of Matheny, Wyoming County, W.Va., was sentenced on Tuesday to six months in prison. Stewart previously pleaded guilty in August to distribution of oxycodone.
- Tonya Lynn Goode, 35, of Matheny, Wyoming County, W.Va., was sentenced on Tuesday to 2 years in prison. Goode previously pleaded guilty in August to distribution of oxycodone.
- Danny Lee Decker, 42, of Mullens, Wyoming County, was sentenced on Dec. 9 to one year and three months in prison. Decker previously pleaded guilty in July 30 to using a telephone to commit a drug crime.
- Kathy Burchett, 38, of Welch, McDowell County, W.Va., was sentenced on Dec. 3 to 1 ½ years in prison. Burchett previously pleaded guilty in August to using a telephone to commit a drug crime.
- Anthony Lee Madison, 23, of Bluefield, Va., was sentenced on Dec. 3 to 2 years and three months in prison. Madison previously pleaded guilty in July to using a telephone to commit a drug crime.
- Edgar Junior Ponce, 32, of Oceana, Wyoming County, W.Va., was sentenced on Dec. 3 to 2 years in prison. Ponce previously pleaded guilty in July to using a telephone to commit a drug crime.
The sentences were handed down by Senior United States District Judge David A. Faber in Bluefield.
The cases were brought as part of the Bluefield Pill Initiative, a collaborative, multi-agency regional law enforcement effort designed to halt prescription drug trafficking in Mercer, McDowell, and Wyoming counties. The Bluefield Pill Initiative is led by the Southern Regional Drug and Violent Crime Task Force, which includes the West Virginia State Police Bureau of Criminal Investigation, the Mercer, McDowell and Wyoming County Sheriff’s Departments, and the Bluefield and Princeton Police Departments.Mercer Man Sentenced to 4 Years in PrisonRead the Press Release
AS PART OF FEDERAL PRESCRIPTION DRUG CRACKDOWN
BLUEFIELD, W.Va. – A 27-year-old Mercer County man was sentenced today to four years in prison after pleading guilty earlier this year to a federal drug charge, announced U.S. Attorney Booth Goodwin. Matthew M. Pigg, of Montcalm, Mercer County, W.Va., previously pleaded guilty to possession with intent to distribute hydromorphone, a powerful prescription painkiller commonly known as Dilaudid. Pigg’s sentence was handed down by Senior United States District Judge David A. Faber in Bluefield.
On February 12, 2013, police executed a search warrant on the defendant’s Montcalm residence. During the execution of the search warrant, police found a quantity of hydromorphone pills hidden inside of a safe located in the defendant’s bedroom. Pigg told police that he intended to sell the pain pills. At the time Pigg possessed the hydromorphone pills, he also possessed a loaded .38 caliber pistol. The firearm, also located inside of the defendant’s bedroom safe, was seized by police.This case was brought as part of the Bluefield Pill Initiative, a collaborative, multi-agency regional law enforcement effort designed to halt prescription drug trafficking in Mercer, McDowell, and Wyoming counties. The Bluefield Pill Initiative is led by the Southern Regional Drug and Violent Crime Task Force, which includes the West Virginia State Police Bureau of Criminal Investigation, the Mercer, McDowell and Wyoming County Sheriff’s Departments, and the Bluefield and Princeton Police Departments. Assistant United States Attorney John File handled the prosecution.
This case was also 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.
Federal Grand Jury Indicts Charleston Man on Illegal Firearm Possession ChargeRead the Press Release
CHARLESTON, W.Va. – A 32-year-old man was indicted today by a federal grand jury sitting in Charleston for being a felon in possession of a firearm. According to a single-count indictment, Jon Paul Clements, of Charleston, W.Va., allegedly possessed a firearm on March 9, 2013.
Clements was previously convicted of first degree robbery with a firearm in July 2002 in the Circuit Court of Kanawha County. He did not have his rights to possess a firearm restored.
Clements faces up to 10 years in prison, if convicted.The investigation was conducted by the Charleston Police Department. Assistant United States Attorney Monica Coleman 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.
Click here to view a copy of the indictment
Note: The charge contained in the indictment is merely an accusation, and the defendant is presumed innocent unless and until proven guilty.
Former Ripley Police Officer Sentenced to Federal Prison for Child Pornography OffenseRead the Press Release
George Michael Puskas II told police he took pornographic pictures during relationship with a 16-year-old minor
CHARLESTON, W.Va. – George Michael Puskas II, of Ripley, was sentenced today to one year and one day in prison, followed by 10 years of supervised release for a child pornography offense, U.S. Attorney Booth Goodwin announced. Puskas, a former police officer in Ripley, previously pleaded guilty in July to possession of child pornography. The sentence was handed down by United States District Judge John T. Copenhaver, Jr. in Charleston.
In March 2010, Puskas, 31, established a sexual relationship with a then 16-year-old minor. At the time of the relationship, Puskas produced images and a video of the minor having sex or performing sex acts. Puskas produced a video of child pornography using a police department-issued digital camera. Puskas also used a cellphone to create images of child pornography. On September 7, 2011, Puskas possessed between 10 and 150 images of child pornography.
Puskas also told police that he maintained a relationship with the minor up until the time the individual turned 18 years old. On September 14, 2011, Puskas sent the individual an image that showed the two of them having sex.
On April 6, 2012, the West Virginia Internet Crimes Against Children Task Force executed a federal search warrant and seized a computer, a flash drive, and other items that Puskas used to produce child pornography. Puskas told police that he produced and possessed images of child pornography.
Puskas, who was an officer with the department at the time he committed the federal felony, resigned from the Ripley Police Department in May 2012.Upon completion of his prison term, Puskas will be placed on supervised release for 10 years. In addition, he will be required to register as a sex offender for the rest of his life.
The West Virginia Internet Crimes Against Children Task Force conducted the investigation. Assistant United States Attorney Lisa Johnston handled the prosecution.
This case was prosecuted as part of U.S. Attorney Goodwin’s ongoing initiative to combat child sexual exploitation and abuse in the Southern District of West Virginia.
Wyoming Pill Dealer with $570,000 in Illegal Drug Proceeds Sentenced to 7 Years in Federal PrisonRead the Press Release
Police seized hundreds of thousands in cash, firearms and pills during investigation
BECKLEY, W.Va. – A 55-year-old Wyoming County pill dealer who had hundreds of thousands in cash, illegal prescription pain pills and two firearms hidden at his residences was sentenced yesterday to seven years in prison on a federal drug charge, announced U.S. Attorney Booth Goodwin. Delbert Lester, of McGraws, Wyoming Co., W.Va., previously pleaded guilty in August to possession of oxycodone with intent to distribute. Lester’s sentence was handed down by United States District Judge Irene C. Berger in Beckley.
From January 11, 2011 through May 4, 2013, Lester illegally sold prescription pills to a confidential informant working in cooperation with law enforcement authorities on eight separate occasions. Lester, who maintained two residences in McGraws, lived at one residence and ran his illegal pill business out of the other.
On May 9, 2013, law enforcement agents executed search warrants on Lester’s two residences. During the searches, agents recovered 190 30-milligram oxycodone pills and 155 10-milligram oxycodone pills.
Agents also recovered a total of $570,000 in cash and several firearms including two loaded .22 caliber semi-automatic pistols.
According to his plea agreement, Lester will forfeit the $570,000 in illegal drug proceeds that was seized from his residence.
The investigation was conducted by the Wyoming County Sherriff’s Department, the West Virginia State Police, the Southern Regional Drug and Violent Crime Task Force, and the Internal Revenue Service. Assistant United States Attorney Haley Bunn 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.
Pill Dealer Sentenced to 10+ Years in Federal Prison for Operating A Logan-based Pain Pill Distribution SchemeRead the Press Release
Scheme involving thousands of prescription pain pills ends in jail time for Logan brothers
CHARLESTON, W.Va. – A Logan County man who organized an oxycodone trafficking scheme that included out-of-state trips to Florida to obtain thousands of powerful pain pills was sentenced yesterday to 10 years and one month in federal prison, announced U.S. Attorney Booth Goodwin. Michael Ray Fortuna, 45, of Peach Creek, previously pleaded guilty in January to conspiracy to distribute oxycodone. Fortuna’s sentence was handed down by United States District Judge Thomas E. Johnston in Charleston.
Fortuna told police that he organized a pill distribution scheme that included his brother and co-defendant Ronald Fortuna, 36, also of Peach Creek, as well as other associates. Ronald Fortuna was sentenced in November to two years in prison for conspiracy to distribute oxycodone.
During the scheme, Michael Fortuna obtained oxycodone from pill sources located in Florida and, in some instances, he or others at his direction, including his brother, traveled to Florida and brought oxycodone pills back to Logan County to sell.
On April 29, 2011, investigators from the United States Postal Inspection Service seized a package addressed to Michael Fortuna. Investigators executed a federal search warrant on the package and discovered that it contained 1,789 30-milligram oxycodone tablets and bore a fictitious return address. Investigators approached Michael Fortuna as he arrived at the Peach Creek Post Office in Logan to retrieve the package. Michael Fortuna later told investigators that he had received a total of three packages containing oxycodone pills from Florida that month. Police determined that the package containing the oxycodone tablets had been mailed by Patrick Warren Napier, of Dingess, Mingo County, W.Va. Napier, 41, was sentenced to four years in prison after pleading guilty earlier this year to conspiracy to distribute oxycodone.
Fortuna also told investigators that he mailed cash to his source of supply located in Florida to pay for the illegal oxycodone deliveries. In particular, Michael Fortuna mailed a package that contained at least $30,000.
In late June or early July 2011, Ronald Fortuna boarded a plane en route to Florida with Guy R. Miller and another acquaintance to obtain oxycodone. On July 3, 2011, investigators from the Multi-Agency Diversion Task Force in Palm Beach County, Florida arrested one of Ronald Fortuna’s acquaintances at the West Palm Beach Airport as the men boarded a return flight to West Virginia. Fortuna’s acquaintance was found to be in possession of 1,377 30-milligram oxycodone tablets. The individual cooperated with law enforcement and later told police that he, Ronald Fortuna, and Miller were instructed to travel to Florida to pick up prescription pain pills. He identified Michael Fortuna as the head of a drug trafficking organization who obtained oxycodone from Palm Beach County, Fla. and later distributed the pills in Logan County, W.Va. The cooperating source also admitted that he had been recruited to carry oxycodone pills on his person during a return flight to West Virginia.
Ronald Fortuna told police that he regularly sold oxycodone tablets from his Peach Creek residence from at least the summer of 2009 until late summer 2011. During the scheme, Ronald Fortuna distributed a total of approximately 2,500 30-milligram oxycodone tablets.
Guy Miller previously pleaded guilty in November to distribution of oxycodone. Miller, 39, who also previously pled guilty to federal charges in connection with a Logan arson scheme, faces a minimum of seven years in prison when he is sentenced on February 19, 2014.
The United States Postal Inspection Service, the US 119 Task Force, the Drug Enforcement Administration and the Logan County Sheriff’s Department 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.
Man Sentenced to 3 Years in Federal Prison in Connection with A Huntington Heroin Distribution SchemeRead the Press Release
HUNTINGTON, W.Va. – A Detroit man was sentenced yesterday to three years in federal prison for his role in a heroin distribution scheme in Huntington, announced U.S. Attorney Booth Goodwin. Rodney Lee Flowers, also known as “Anthony Phillip Hollis,” 48, previously pleaded guilty in September to possession of heroin with the intent to distribute. Flowers was charged in a one-count indictment in April.
In early March 2013, agents with the Drug Enforcement Administration (DEA) received information that Flowers and several of his associates were distributing heroin from a residence located on Washington Avenue in Huntington. During an investigation, agents discovered that Flowers and his associates were expecting a package containing heroin by mail from Michigan. On April 3, 2013, an undercover agent delivered the package to 2200 ½ Washington Avenue in Huntington. Rodney Flowers answered the front door at the residence and accepted the package. A short time later, Flowers and an associate exited the residence and got inside of a vehicle. Police later conducted a traffic stop on the vehicle. Flowers was arrested and taken to the Huntington Police Department for processing. The defendant provided a Mirandized statement to police regarding his involvement in the heroin distribution scheme. Flowers told police that he was expecting a package by mail from Michigan that contained approximately 225 grams of heroin.
Agents executed a search warrant on the defendant’s Washington Avenue residence and recovered the package that contained 226.8 grams of heroin.
The DEA, the United States Postal Inspection Service and the Huntington Police Department conducted the investigation. Assistant U.S. Attorney Gregory McVey handled the prosecution. The sentence was imposed by Chief United States District Judge Robert C. Chambers.
Mingo’s Former Chief Magistrate Pleads Guilty to Federal Election FraudRead the Press Release
Dallas L. Toler is the fourth former Mingo official to plead guilty in connection with federal corruption probe
CHARLESTON, W.Va. –Mingo County’s former chief magistrate pleaded guilty in Charleston federal court to voter registration fraud, U.S. Attorney Booth Goodwin announced today. Dallas L. Toler, 45, is the fourth former Mingo County official to plead guilty to charges in connection with a federal corruption investigation.
U.S. Attorney Booth Goodwin said, "Corruption is the biggest threat to democracy. In Mingo County, corruption was an epidemic. Once again in this investigation we have a judge engaging in corruption—this time corruption of the electoral process so that he and his cohorts could keep their jobs." Goodwin continued, "The people of Mingo County are tired of these shenanigans, and we’ll continue to do what’s necessary to help them."
In or about April 2012, Toler, who at the time was a member of a political campaigning and fundraising group known as "Team Mingo," participated with other individuals in an effort to identify potential voters who would support Team Mingo's candidates in the 2012 primary election. Toler was a candidate to retain the office of magistrate.
Toler, a landlord of several rental properties in and around Mingo County, went to one of his rental properties in April 2012 to collect rent. During the visit to his rental unit, Toler encountered an individual who he learned was on probation for a felony offense. In a later encounter, Toler told the individual that he would arrange for the individual to be registered to vote in the 2012 primary election. Toler knew that the individual was on probation for a felony and was ineligible to vote. Toler later procured the completion and submission of a voter registration application in the name of the known person. Toler also caused the application to be completed and caused it to include a false statement that the known person was not on probation for a felony. On or about April 23, 2012, after receiving a voter registration card as the result of Toler's actions, the known person unlawfully voted in the 2012 primary election in Mingo County.
United States District Court Judge Thomas E. Johnston presided over today’s plea hearing and will sentence Toler on March 10, 2014. Toler faces five years in prison and a $250,000 fine. Toler previously resigned as chief magistrate of Mingo County in October. As part of his federal guilty plea, Toler's plea agreement with the Office of the U.S. Attorney required him to resign as a Mingo County magistrate and never seek elected office again.
Toler was previously appointed as magistrate in January 2012 by former Mingo County Circuit Judge Michael Thornsbury.
Thornsbury, 57, pleaded guilty in October for his role in a scheme to violate the constitutional rights of an individual to cover up evidence of illegal drug use and other misconduct by late Mingo County Sheriff Eugene Crum. Thornsbury faces up to 10 years in prison when he is sentenced on January 13, 2014.
Another former Mingo County official, C. Michael Sparks, 44, previously pleaded guilty on Nov. 18 in connection with a conspiracy to deprive a Mingo County resident of his constitutional rights. Sparks, Mingo County's former prosecuting attorney, faces a year in prison when he is sentenced on February 24, 2014.In a separate matter, former Mingo County Commissioner David Baisden pleaded guilty in connection with a scheme to illegally extort a discount from a Mingo County tire store. Baisden, 66, resigned from the Mingo County Commission in October. Baisden faces up to 20 years in prison when he is sentenced on January 14, 2014.
The investigation is being conducted by the FBI and the West Virginia State Police. Counsel to the United States Attorney Steven Ruby and Assistant United States Attorney Haley Bunn are handling the prosecution.
Click here to view a copy of the plea agreement
Huntington Man Gets Federal Prison Time for Selling HeroinRead the Press Release
HUNTINGTON, W.Va. – A 40-year-old man was sentenced to 21 months in federal prison today for selling heroin to a police informant, announced U.S. Attorney Booth Goodwin. Michael Duane Dixon, of Huntington, previously pleaded guilty to distribution of heroin in August.
On August 27, 2012, Dixon was contacted by a confidential informant working in cooperation with the Huntington Violent Crimes and Drug Task Force to arrange a heroin transaction. After speaking by telephone, Dixon and the informant met at a predetermined location in the vicinity of 11th Avenue and 22nd Street in Huntington. Dixon sold five grams of heroin to the police informant in exchange for $1,000.
In addition, Dixon is responsible for selling oxycodone, crack cocaine and heroin on May 31, 2010 and September 4, 2012.
The Huntington Violent Crimes and Drug Task Force conducted the investigation. Assistant United States Attorney Joseph F. Adams handled 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.
Former Huntington Housing Services Administrator Admits to EmbezzlementRead the Press Release
Defendant Patricia Howard stole more than $20k belonging to housing program that provided essential resources for disabled and homeless persons
HUNTINGTON, W.Va. – A former administrator with Huntington Housing Authority (“HHA”) pleaded guilty today in federal court to orchestrating an embezzlement scheme that took thousands of dollars belonging to a housing grant program intended to assist disabled and homeless persons, announced U.S. Attorney Booth Goodwin. Patricia Howard, 58, pleaded guilty to embezzlement from an organization receiving federal benefits. She was charged in a one-count indictment in August 2012.
As a former administrator with the Huntington Housing Authority (“HHA”), Howard handled the agency’s Shelter Plus Care Program (“Shelter Care”). Shelter Care was established and funded by the United States Department of Housing and Urban Development (“HUD”) to provide housing services to disabled and homeless persons.
Howard set up and administered accounts for disabled and homeless persons as well as landlords who participated in the housing program. In August 2011, Howard created a fictitious Shelter Care landlord account using the name Lawrence Green. Howard used the fictitious account name, a variation of her personal Social Security Number and a false address to link the Shelter Care landlord account to her personal checking account and illegally withdraw monies for her personal use. From August 2011 until August 2012, Howard knowingly embezzled a total of more than $23,000 from HHA.
Howard, who is currently being held on unrelated state fraud charges, faces up to 10 years in prison and a $250,000 fine when she is sentenced on February 24, 2014 by Chief United States District Judge Robert C. Chambers.
The HUD Office of Inspector General, the FBI and the Huntington Police Department conducted the investigation. Assistant United States Attorney Erik S. Goes is handling the prosecution.
Logan Man Gets 6 ½ Years in Federal Prison for Organizing Arson SchemeRead the Press Release
Michael White conspired with couple to burn down Boone rental duplex for insurance payout
CHARLESTON, W.Va. – Michael L. White was sentenced yesterday to six and a half years in prison after a federal jury found him guilty earlier this year of organizing a scheme to set fire to a Boone County rental duplex to collect more than $80,000 in insurance claims, announced U.S. Attorney Booth Goodwin. On May 10, a federal jury found White guilty on all three counts charged against him: conspiracy to commit arson, arson and accessory after the fact. Evidence at trial determined that White, 58, of Logan, conspired with an acquaintance, Kimberly Dawn Kinder, and her now deceased husband to set fire to a residential rental unit owned by White that was located in Van, Boone County, W.Va.
Kimberly Dawn Kinder, 46, of Chapmanville, previously pleaded guilty to her role in the conspiracy in June 2012. White and the Kinders conspired together to set fire to the duplex in order to collect insurance claims.
Late in the evening on October 15, 2009, the Kinders arrived at the Van Duplex. After entering through one of the rental units, Mr. Kinder poured gasoline on a pile of clothes in the living area of one of the units. Mr. Kinder set fire to the pile of clothes and Mrs. Kinder drove the getaway vehicle.
The Van Volunteer Fire Department later responded to the incident and extinguished the fire, but the property suffered severe damage. Afterward, White filed an insurance claim with Nationwide Insurance Company (“Nationwide”) as a result of the fire. Nationwide in turn paid White $80,716.51. White subsequently paid the Kinders a total of approximately $2,000 in small increments as payment for their role in the conspiracy.
Kinder was sentenced in June 2013 to three years and one month in federal prison for her role in the scheme.
United States District Judge Thomas E. Johnston ordered White to pay full restitution to Nationwide in the amount of $80,716.51.
The investigation was conducted by the West Virginia State Police. Assistant United States Attorneys Thomas Ryan and Larry Ellis handled the prosecution.
Former Bookkeeper Sentenced to Federal Prison for EmbezzlementRead the Press Release
Rosalie Seabolt stole more than $800,000 from Roane County oil and gas company
CHARLESTON, W.Va. – A former Spencer-based oil and gas company bookkeeper who stole more than $800,000 from her employer was sentenced yesterday to two years in federal prison, announced U.S. Attorney Booth Goodwin. Rosalie J. Seabolt, 60, of Spencer, W.Va., previously pleaded guilty to mail fraud in August. Seabolt was employed at Kimco, Inc. and its affiliate, Roy G. Hildreth and Son, Inc. (“Hildreth”) for more than 25 years. During her employment at Kimco, Seabolt eventually became the company’s bookkeeper.
From approximately September 9, 2000 and continuing through December 24, 2012, Seabolt wrote numerous unauthorized checks to herself from Kimco’s bank account. During the scheme, Seabolt deposited and cashed these checks at her personal credit union. Seabolt hid the unauthorized checks from Kimco by writing false information in the company’s books that indicated the checks were made to Hildreth as a business expense.
“Small businesses are the lifeblood of our state’s economy,” U.S. Attorney Booth Goodwin said. “That's why my office has focused on investigating and prosecuting cases like these, to protect small businesses and to send a clear message that stealing from those business carries serious consequences."
From at least 2000 through 2012, Poca Valley Bank mailed monthly bank statements to Kimco that included check images. Seabolt, who was in charge of reviewing the monthly bank statements, altered the statements by covering up the check images that revealed unauthorized checks she had written to herself. Also during the scheme, Seabolt destroyed portions of original bank statements the company had received from the bank.
On January 10, 2013, Seabolt told law enforcement that she had defrauded Kimco. In total, Seabolt took at least $815,693.27 of monies from the company between 2000 and 2012.
At sentencing, United States District Judge John T. Copenhaver, Jr. ordered Seabolt to pay full restitution in the amount of $815,693.27 to Kimco.
The investigation was conducted by the FBI and the West Virginia State Police. Assistant United States Attorneys Meredith George Thomas and Philip Wright handled the prosecution.
This case was prosecuted as part of the United States Attorney’s Office for the Southern District of West Virginia’s Small Business Protection Initiative. U.S. Attorney Booth Goodwin announced the Small Business Protection Initiative in November 2010. The initiative focuses on the prosecution of individuals who defraud small West Virginia businesses located within the Southern District.
Mingo Child Molester Gets 30-year Federal Prison Sentence for Producing Child PornographyRead the Press Release
Defendant Paul Jenkins sexually assaulted at least three minor children
CHARLESTON, W.Va. – A Mingo County pedophile who sexually assaulted a minor child, videotaped the abuse and copied the video onto a recordable DVD that was later discovered inside of a rental computer in July 2012 was sentenced today to the statutory maximum of 30 years in federal prison followed by a lifetime of supervised release, announced U.S. Attorney Booth Goodwin. Paul Silas Jenkins, 33, of Williamson, previously pleaded guilty in August to production of child pornography. Jenkins’ sentence was handed down by United States District Judge John T. Copenhaver, Jr. in Charleston.
U.S. Attorney Goodwin said, “Pedophiles like Mr. Jenkins who victimize children and steal their innocence are downright sickening, plain and simple.” Goodwin continued, “Today’s sentence assures that this child molester will spend a very long time in prison, where he belongs.”
Between some time in 2010 and December 2011, Jenkins established a relationship with a minor between the age of 12 and 16 years old. During that time, Jenkins made the minor perform sexual acts with him and then produced a video of the conduct. Jenkins copied the video containing child pornography onto a recordable DVD. The DVD was discovered inside a rented computer that was returned to a Rent-A-Center located in Pike County, Kentucky in July 2012.
United States District Judge John T. Copenhaver, Jr. said at sentencing that Jenkins “ravaged and raped” the young victim in this case. Judge Copenhaver further stated that the defendant was a “danger to the community.”
The Court ordered that Jenkins’ 360-month prison term to be served concurrently with his state conviction on two counts of second degree sexual assault of two other minor children.
The FBI and the West Virginia Internet Crimes Against Children Task Force conducted the investigation. Assistant United States Attorney Jennifer Rada handled the prosecution.
This case was 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. Since January 2012, twenty-six defendants have been sentenced to a total of more than 156 years in federal prison.
Ohio Man Who Assaulted State Trooper Gets 35-year Federal Prison SentenceRead the Press Release
Defendant Robin Slater ran one of region’s largest-ever marijuana distribution conspiracies
HUNTINGTON, W.Va. – An Ohio drug dealer who assaulted a West Virginia state trooper during a January 2012 traffic stop was sentenced yesterday to 35 years in federal prison for a large-scale marijuana distribution conspiracy, announced U.S. Attorney Booth Goodwin. Robin Earl Slater, 51, of Langsville, Ohio, previously pleaded guilty in August to four federal charges: conspiracy to distribute 100 kilograms or more of marijuana; possession of firearms in furtherance of a marijuana conspiracy; being a convicted felon in possession of firearms; and obstruction of justice. The massive marijuana conspiracy was discovered in the traffic stop in which Slater attacked the state trooper. Slater’s sentence was handed down by Chief United States District Judge Robert C. Chambers in Huntington.
Slater’s sentence is the longest in recent memory in a marijuana conspiracy case in the Southern District of West Virginia. Slater conspired to distribute between 3,000 and 10,000 kilograms of marijuana by supplying the drug to lower-level dealers in Putnam and Kanawha counties, as well as out of state.
On January 23, 2012, a West Virginia state trooper followed Slater’s vehicle into a store parking lot in St. Albans, W.Va., after observing the defendant commit several moving violations. During the traffic stop, Slater, who had six firearms, nearly $25,000 cash, and drug ledgers in his car, made a violent attempt to flee. He bit the state trooper on the arm, inflicting a deep wound, and then pepper sprayed him. Police ultimately were able to restrain Slater and arrest him. The evidence that they recovered from his car allowed them to crack his distribution ring.U.S. Attorney Goodwin said, “Mr. Slater’s attack on a state trooper was a brazen and dangerous attempt to protect his drug enterprise. We’ve seen far too many law enforcement tragedies in situations like this: routine encounters that quickly turn violent.” Goodwin continued, “Law enforcement officers risk their lives every day to keep the rest of us safe. I will continue to spare no effort in prosecuting anyone who attacks them.”
Slater told police that the money he had was from individuals to whom he had supplied marijuana. Slater also admitted that he possessed firearms to protect himself and the proceeds of his drug activity.
The defendant had two prior felony drug convictions related to the distribution of marijuana.
Slater was released on bond from his initial state charges prior to being indicted on federal charges. In August 2012, Slater, while a fugitive on the federal charges, again attempted to flee a traffic stop, led police in Pulaski, Ky., on a high-speed chase over several miles, at one point nearly striking a police officer on the side of the road.Chief United States District Judge Robert C. Chambers said at sentencing that Slater was a “danger to law enforcement,” and further stated that the severe sentence was, in part, to punish Slater for putting law enforcement at risk – both when he initially assaulted a West Virginia state trooper and when he fled from police at high speeds in Kentucky.
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.
The West Virginia State Police, the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), Homeland Security Investigations and the Putnam County Sheriff’s Department conducted the investigation. Assistant United States Attorney Steven Loew handled the prosecution.
Charleston Man with More Than $20,000 Cash, Half-kilo of Cocaine Sentenced to Nearly 4 Years in Federal PrisonRead the Press Release
CHARLESTON, W.Va. – A thirty-five-year-old man who possessed a total of more than $20,000 in cash and nearly a half-kilogram of cocaine inside of his Charleston residence was sentenced today to 46 months in federal prison, announced U.S. Attorney Booth Goodwin. Jason McGhee, 35, previously pleaded guilty in July to possession with intent to distribute cocaine. On April 24, 2013, a confidential informant working with the Metropolitan Drug Enforcement Network Team (MDENT) arranged to purchase cocaine from McGhee. The police informant later arrived at McGhee’s residence and gave the defendant $2400 in pre-recorded buy money to fulfill a previous drug debt. A short time later, McGhee handed the informant five ounces of suspected cocaine. The informant later turned the suspected cocaine over to law enforcement agents. The suspected cocaine was tested by police and proved to be 146 grams of cocaine.
Following the controlled drug transaction between McGhee and the informant, police executed a search warrant on the defendant’s residence. During the search of the residence, police found $2400 in pre-recorded currency that was used as part of a previous controlled drug transaction, an additional $17,800 in cash, two sets of digital scales and approximately 499 grams of cocaine.In total, McGhee is responsible for distributing a total of at least two kilograms but less than 3.5 kilograms of cocaine in and around Charleston.
The investigation was conducted by MDENT and the Drug Enforcement Administration. Assistant United States Attorney Monica D. Coleman handled the prosecution. The sentence was imposed by United States District Judge Thomas E. Johnston in Charleston.
Former Mingo Co. Prosecuting Attorney Pleads Guilty to Federal Rights ViolationRead the Press Release
Michael Sparks is the third former Mingo official to plead guilty in connection with federal corruption probe
*Audio clip included*
CHARLESTON, W.Va. - Former Mingo County Prosecuting Attrorney C. Michael Sparks entered a guilty plea in federal court in connection with a conspiracy to deprive a Mingo County resident of his constitutional rights, U.S. Attorney Booth Goodwin announced today. Sparks, 44, is the third former Mingo County official to plead guilty to federal charges involving a scheme to cover up evidence of illegal drug use and other misconduct by late Mingo County Sheriff Eugene Crum.
U.S. Attorney Booth Goodwin said, “Prosecutors are the representatives of the people. Instead of advancing the interests of the good people of Mingo County, Mr. Sparks chose to roll over for the special interests of a corrupt political faction.”
Earlier this year, a Mingo County drug defendant, identified as “G.W.,” began to provide the Federal Bureau of Investigation (FBI) with information about misconduct by then Sheriff Crum, including illegal drug use and election law violations. Crum learned that G.W., along with G.W.’s attorney, were providing information about Crum to the FBI. Crum and other Mingo elected officials, including Sparks and former Mingo Co. Circuit Judge Michael Thornsbury, carried out a plan to protect Crum and to stop G.W. from informing to the FBI. They arranged to offer G.W. a favorable plea deal if he would fire his attorney, identified as “C.W.,” who was assisting G.W.’s communication with federal authorities, and replace him with an attorney chosen by Crum and the other elected officials.
After G.W. fired C.W., Mr. Sparks entered into a plea agreement with G.W. under which three of five criminal counts pending against G.W. were dismissed. As part of the plea agreement, Mr. Sparks also accepted a forfeiture from G.W. of $10,000, which was $10,000 less than the forfeiture Mr. Sparks originally intended to seek from G.W. Moreover, as part of the agreement, Mr. Sparks agreed to recommend that the sentences for the two counts to which G.W. would plead guilty would run concurrently rather than consecutively. Mr. Sparks negotiated this plea agreement in part with former Mingo County Commissioner David Baisden himself and, at Baisden's behest, entered into a plea agreement more favorable that he otherwise would have. Mr. Sparks did these acts knowing that a more favorable agreement for G.W. was a necessary part of the scheme to coerce G.W. into firing C.W. in order to protect the Sheriff. Because Mr. Sparks was the county's Prosecuting Attorney, his cooperation in this regard was necessary to the scheme's success.
In the face of this coercion, G.W. fired his attorney, which the Mingo officials involved believed would protect Crum from federal investigation and public embarrassment.
United States District Court Judge Thomas E. Johnston presided over today’s plea hearing and will sentence Sparks on February 24, 2014. Sparks faces a year in prison. Sparks previously resigned as Prosecuting Attorney of Mingo County in late October. As part of his federal guilty plea, Sparks' plea agreement with the Office of the U.S. Attorney required him to resign as Mingo County’s Prosecuting Attorney and never seek elected office again. Sparks is also required to voluntarily surrender his license to practice law in every state in which he holds a law license, and withdraw his opposition to the petition seeking the immediate suspension of his law license in the State of West Virginia. Sparks also agrees not to contest disbarment proceedings in any state in which he is licensed to practice law.
Former Mingo County Circuit Judge Michael Thornsbury, 57, previously pleaded guilty in October for his role in the scheme to protect Crum and deprive G.W. of his rights. Thornsbury faces up to 10 years in prison when he is sentenced on January 13, 2014.
Former County Commissioner David Baisden pleaded guilty to an unrelated federal charge in connection with a scheme to illegally extort a discount from a Mingo County tire store. Baisden, 66, resigned from the Mingo County Commission in October. Baisden faces up to 20 years in prison when he is sentenced on January 14, 2014.
The investigation is being conducted by the FBI and the West Virginia State Police. Counsel to the United States Attorney Steven Ruby and Assistant United States Attorney Haley Bunn are handling the prosecution.
Click here to listen to an audio sound clip from U.S. Attorney Booth Goodwin
U.S. Attorney Goodwin, Child Advocates Announce Luggage Collection Drive for Foster ChildrenRead the Press Release
West Virginians asked to participate to help kids in transition to foster care
CHARLESTON, W.Va. –U.S. Attorney Booth Goodwin, along with representatives from Mission West Virginia, Inc., the Children’s Home Society and other supporters gathered today at the Charleston Civic Center for the first of four regional events designed to help children transitioning into foster care. The second annual Thanksgiving time luggage collection drive dubbed “Give Thanks and Carry On”, launched today as part of Mission West Virginia’s Carry On Campaign, is an effort aimed at collecting luggage, essential personal care items, and items of comfort for children who are in transition to the state’s foster care system. West Virginia currently has more than 4,000 children in the foster care system.
U.S. Attorney Booth Goodwin said, "No child should have to use a trash bag to transport their belongings.” Goodwin continued, “That’s what was happening and that’s why the Carry On Campaign was formed a few years ago: to provide children with luggage and other items of comfort during a very difficult time. We're asking all West Virginians: as you’re preparing for the upcoming holiday season, add a child in need to your list.”
The Carry On Campaign began in October 2010 as a collaborative, multi-agency partnership that includes the U.S. Attorney’s Office for the Southern District of West Virginia, the West Virginia Department of Health and Human Resources, Mission West Virginia, Inc., the West Virginia Prosecuting Attorney’s Institute and the West Virginia Drug Endangered Children Task Force. Items sought after as part of the Carry On Campaign include new and gently used luggage, duffle bags, stuffed animals, coloring books, journals, toothbrushes, toothpaste, as well as non-perishable snacks. Additional items being collected during the winter months include coats, gloves, mittens, hats, scarves, earmuffs, socks, and blankets. All items collected will be distributed by Mission West Virginia.
This is the second year in a row that U.S. Attorney Goodwin has partnered with Mission West Virginia, and the West Virginia Children’s Home Society for a Thanksgiving collection drive in support of children in transition to foster care. Previous collection efforts have enabled Mission West Virginia to meet critical care needs for hundreds of young people.
Three additional collection campaign announcements are upcoming: in Ona, W.Va., at the Hovah Hall Underwood Children’s Home on Nov. 25; in Daniels, W.Va., at the Southern West Virginia Exceptional Youth Emergency Shelter on Nov. 26; and the Easton Center in Parkersburg on Nov. 27.
To find a drop-off location near you or to receive additional information regarding the Carry On Campaign, please contact Carrie Dawson at [email protected] or call toll free 1-866-CALL-MWV (1-866-225-5698).
Wayne Man Sentenced in Connection with Scheme to Defraud Huntington Small BusinessRead the Press Release
Shawn Osburn created falsified work orders that were used to steal more than $10K in supplies from Huntington-based Justice Glass and Supply Co.
CHARLESTON, W.Va. – A Wayne County man who defrauded a Huntington-based small business out of more than $10,000 in supplies was sentenced today to five years’ probation, announced U.S. Attorney Booth Goodwin. Shawn Osburn, 44, previously pleaded guilty in April to wire fraud. Osburn, a former employee for Huntington-based residential window supplier Justice Glass and Supply Company (“Justice Glass”), prepared and submitted false work orders for supplies at various times during his employment with Justice Glass that began in 2008 and continued through October 2010.
During the scheme, Osburn prepared work orders that contained false information and submitted the orders, generally by using telephone and fax, to suppliers. After receiving the products from the company’s supplier, Osburn stole the items and later sold them for cash.
Osburn told investigators that the profits in which he had obtained as a result of the fraudulent work orders were not given to Justice Glass. Osburn illegally sold a total of at least $13,000 in stolen supplies.
The Court ordered Osburn to pay full restitution, with interest, to Justice Glass in the amount of $260 each month.The FBI conducted the investigation. Assistant United States Attorneys Philip Wright and Meredith George Thomas handled the prosecution. The sentence was imposed by United States District Judge Thomas E. Johnston.
This case was brought as part of the United States Attorney’s Office’s initiative to prosecute crimes against small businesses. In September 2010, U.S. Attorney Goodwin created and launched a comprehensive plan to protect small businesses and nonprofit agencies from fraud and abuse. Goodwin has redoubled efforts to identify, investigate and prosecute dishonest employees and other criminals who defraud or embezzle from small businesses.
The Crimes Against Small Business Initiative strives to protect businesses and nonprofit organizations by working in partnership with the business community, along with state and local law enforcement officials, to ensure that occurrences of fraud, embezzlement, scams and other crimes targeting small businesses are prosecuted to the fullest extent of the law.
Felon Who Riddled Parkersburg Residence with Bullets Sentenced to 6 ½ Years in Federal PrisonRead the Press Release
Shaun Linko opened fire on a Lynn Street residence in Parkersburg
CHARLESTON, W.Va. – A Parkersburg felon who opened fire on a Parkersburg residence in September 2012 using an AK-47 semi-automatic rifle was sentenced today to six and a half years in federal prison, announced U.S. Attorney Booth Goodwin. Twenty-six-year-old Shaun Michael Linko previously pleaded guilty in April to being a felon in possession of a firearm. The sentence was handed down by United States District Judge Thomas E. Johnston in Charleston.
On September 19, 2012, police responded to a report of shots fired in the vicinity of 1122 Lynn Street. Upon their arrival, officers with the Parkersburg Police Department observed a large quantity of spent shell casings from a semi-automatic rifle in the street, along with apparent bullet holes in the exterior of the residence at 1122 Lynn Street in Parkersburg. A short time later, Wood County deputy sheriffs observed a GMC Jimmy SUV parked at the 7th Street Park and Ride, located in close proximity to Lynn Street. As deputies approached the vehicle, they observed an ammunition box lying on the ground beside the driver’s side door of the vehicle. Police officers ordered the driver, Shaun Michael Linko, and a female passenger to exit the vehicle.
Linko, who was arrested, told police that he shot at the 1122 Lynn Street residence using the AK-47. Officers recovered the rifle and loose ammunition from the defendant’s vehicle.
Linko was previously convicted in March 2010 of conspiracy to deliver a controlled substance in the Circuit Court of Wood County. The defendant did not have his rights to possess a firearm restored.The investigation was conducted by the Parkersburg Police Department, the Wood County Sheriff’s Department, and the Bureau of Alcohol, Tobacco, Firearms and Explosives. Assistant United States Attorney Joshua Hanks 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.
Ohio Man with Loaded Pistol and Prescription Pain Pills Gets 5 Years in Federal PrisonRead the Press Release
BECKLEY, W.Va. – An Ohio man who possessed a loaded pistol and powerful prescription pain pills in January 2013 was sentenced today to five years in federal prison, announced U.S. Attorney Booth Goodwin. Thomas William Dyer, Jr., 58, of Columbus, previously pleaded guilty in July to carrying a loaded firearm during and in relation to a drug trafficking crime. Dyer’s sentence was handed down today by U.S. District Judge Irene C. Berger in Beckley. On January 20, Dyer possessed a loaded .380 caliber pistol and oxycodone pills at a residence located near New Richmond, Wyoming County, W.Va.
Dyer was arrested following a controlled drug buy that took place in and around New Richmond. During a search, police also found a total of six firearms and 130 oxycodone pills at a residence located near New Richmond.The Southern Regional Drug and Violent Crimes Task Force, the Wyoming County Sheriff’s Department and the West Virginia State Police conducted the investigation. Assistant United States Attorney Joshua Hanks 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.
This case was also 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 Who Participated in Illegal Drug Distribution Scheme Enters Federal Guilty PleaRead the Press Release
HUNTINGTON, W.Va. – A Huntington woman who participated in an oxycodone and heroin distribution conspiracy pleaded guilty today to a federal drug charge, announced U.S. Attorney Booth Goodwin. Kimberly Gayle Hamlett, 39, pleaded guilty to distribution of oxycodone before Chief United States District Judge Robert C. Chambers in Huntington. From at least 2011 through August 8, 2013, Hamlett participated in a conspiracy to sell oxycodone pills and heroin. In May, Hamlett sold approximately one gram of heroin to a police informant in exchange for $200. The illegal heroin transaction took place near 16th Street and 6th Avenue in Huntington.
Hamlett told police that during the conspiracy, she provided residences for her associates to store and sell drugs. She also told police that firearms were kept at the residences.
Hamlett faces up to 20 years in federal prison when she is sentenced on February 24, 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.
Detroit Man Who Mailed More Than $38k Worth of Heroin to Dealers in Huntington Enters Federal Guilty PleaRead the Press Release
HUNTINGTON, W.Va. – A Detroit man who mailed more than $38,000 worth of heroin to associates located in Huntington pleaded guilty today to a federal drug charge, announced U.S. Attorney Booth Goodwin. Zachery Jose Merritt, 30, pleaded guilty to conspiracy to distribute 100 grams or more of heroin before Chief United States District Judge Robert C. Chambers in Huntington.
Between September 2012 and June 2013, Merritt, also known as “Zane,” mailed quantities of heroin to associates located in Huntington. The heroin was later sold in Huntington for $125 per gram. Drug proceeds totaling $38,250 were deposited in Merritt’s bank account. Police said that the bank deposits were made to the defendant’s account in Huntington, though withdrawals, from the same account, were completed by Merritt in Detroit.During the conspiracy, Merritt also provided heroin to co-conspirator and Huntington resident, Lindsey Alyn Thacker. Thacker, also known as “Lindsey Webb,” 29, made approximately seven trips to Detroit between the summer of 2012 through June 20, 2013 to obtain heroin and crack cocaine from Merritt.
Also during the conspiracy, Thacker and her associate, Keith Eric Wood, 28, made their Huntington residence available to acquaintances for the purpose of storing and distributing heroin. Law enforcement officers conducted a search of the residence on June 20, 2013 and found approximately .3 grams of heroin and more than $1000 in cash.Thacker and Wood each pleaded guilty on Nov. 5 to maintaining a residence for the purpose of distributing heroin. Both defendants face up to 20 years in federal prison when they are sentenced on Feb. 18, 2014.
Merritt faces up to 40 years in prison when he is sentenced on Feb. 18, 2014.
The Huntington Violent Crimes and Drug Task Force conducted the investigations. Assistant United States Attorney Gregory McVey is in charge of the prosecutions.
Goodwin Honors Law Enforcement and Victim Support Professionals for Public Service ExcellenceRead the Press Release
State Police Cpl. Marshall Bailey and Tpr. Eric Workman honored posthumously for major drug investigation
CHARLESTON, W.Va. – Law enforcement officers whose investigative work led to the convictions of a former Massey Energy executive, a Logan pill mill operator, an aspiring Hollywood actor who orchestrated a multimillion-dollar extortion plot, and a Michigan pedophile were among the honorees recognized today during the 2013 Law Enforcement and Victim Assistance Awards ceremony. The ceremony, hosted by U.S. Attorney Booth Goodwin, honored more than 60 individuals for outstanding law enforcement work on major cases involving drug crime, violent crime, workplace safety, and child exploitation at the Robert C. Byrd Federal Courthouse in Charleston.
“I am delighted to honor so many of our state’s most dedicated and respected law enforcement officers, crime victim advocates and community leaders,” U.S. Attorney Goodwin said. “These tremendously talented men and women have been engaged in vital work – often painstaking and dangerous work – that has removed drug dealers from our streets, strengthened community and workplace safety, eliminated fraud and abuse and made justice a reality for countless crime victims throughout southern West Virginia.”
Among the honors presented today were posthumous awards to West Virginia State Police Cpl. Marshall Bailey and Tpr. Eric Workman. Troopers Bailey and Workman initiated an investigation of methamphetamine dealer Raymond Hersman, who ran a pipeline that moved huge quantities of meth from North Carolina to West Virginia. In May, a federal jury convicted Hersman, 44, of possession with intent to distribute methamphetamine. Law enforcement agents began investigating Hersman’s meth distribution scheme in 2012. Cpl. Bailey and Tpr. Workman were an integral part of the Hersman investigative team, working on the case until the time of their deaths. Hersman faces a mandatory minimum of 20 years in federal prison when he is sentenced on Dec. 12.
In August of last year, Cpl. Marshall Bailey and Tpr. Eric Workman were shot and killed in the line of duty following a traffic stop near Clay County. Goodwin, who dedicated the awards ceremony to the two fallen officers, said, “This is perhaps the last investigation on which the late Trooper Eric Workman and the late Corporal Marshall Bailey worked. The superb efforts of these heroes paid off with a major drug dealer behind bars.”
Also during Friday’s ceremony, Goodwin presented the Law Enforcement Agency of the Year honor to the West Virginia State Police. Goodwin, who thanked the State Police for its partnership with his office, said, “The West Virginia State Police has one of the strongest and longest-running commitments to public safety in the nation." Goodwin continued, "The members of the State Police do their work with extraordinary pride and purpose, and routinely go above and beyond the call of duty for the citizens of West Virginia.”
In Friday’s ceremony, FBI Special Agent Joseph Ciccarelli received the Exceptional Career Service Award. Ciccarelli, a West Virginia native and a 28-year veteran of the FBI, will retire in January 2014. Ciccarelli is the former Supervisory Senior Resident Agent of the FBI’s Charleston, W.Va. field office. In his FBI career, he has investigated nearly every kind of offense in the FBI’s jurisdiction, ranging from child abductions to public corruption to major drug distribution rings. Ciccarelli’s work has resulted in hundreds of criminal convictions, including, last year, the convictions of a Lincoln County, W.Va. county commissioner, sheriff and county clerk in an election fraud scandal. Recently, Ciccarelli has played a central role in the ongoing federal investigation of public corruption in Mingo County, W.Va. He began his law enforcement career with the Huntington Police Department before joining the FBI. As an FBI Special Agent, Ciccarelli has served in St. Louis, Missouri; Miami, Florida; and Charleston and Huntington, West Virginia.
Federal Bureau of Investigation (FBI) Special Agent James Lafferty was presented with the Law Enforcement Officer of the Year Award. Special Agent Lafferty, an 11-year veteran of the FBI, has investigated a variety of complex criminal cases involving prescription drug traffickers and medical fraud, as well as mining and workplace safety investigations in southern West Virginia.
Agents from the FBI, the U.S. Department of Labor’s Office of Inspector General, and Internal Revenue Service Criminal Investigations were presented with the Outstanding Workplace Safety Investigation award for the investigation of David C. Hughart, the longtime president of a Massey Energy Company subsidiary. Hughart was sentenced in September to three-and-a-half years in federal prison. He was convicted of conspiring to violate federal mine safety laws and thwart federal mine inspectors by warning Massey mines when inspectors were approaching. Hughart is among the highest-ranking executives ever convicted in a mine safety investigation, and his sentence is believed to be the longest ever in a mine safety case.
Agents from the FBI, the U.S. Department of Health and Human Services’ Office of Inspector General, and the West Virginia State Police Bureau of Criminal Investigations were presented with the Outstanding Prescription Drug Diversion Investigation award for the arrest of a Logan doctor responsible for operating a pill mill. Investigators discovered that from September 2011 through March 2013, Dr. Fernando Gonzales-Ramos was operating a cash-only business in Logan where he charged patients $500 in exchange for prescribing them powerful narcotics. Investigators found that Gonzales-Ramos’s makeshift office had no exam table, no running water, and no medical equipment. Dr. Fernando Gonzales-Ramos was sentenced in September to five years and eleven months in prison after pleading guilty to conspiracy to distribute controlled substances without a legitimate medical purpose.
Three federal agents from the FBI and the U.S. Postal Inspection Service were presented with the Outstanding Violent Crime Investigation award for the arrest and conviction of Vivek Shah, an aspiring actor from West Hollywood, California. Last year, 26-year-old Shah orchestrated a multimillion-dollar extortion scheme that targeted seven prominent victims, including movie producer Harvey Weinstein, Groupon co-founder Eric Lefkofsky, West Virginia coal executive Chris Cline, and several others. During the scheme, Shah sent letters threatening to kill family members of his victims unless his targets wired tens of millions of dollars into offshore bank accounts. The case against Shah concluded in September, when he was sentenced to seven years and three months in federal prison.
Also on Friday, a group of nearly 20 police officers from West Virginia and Michigan received the Outstanding Project Safe Childhood Investigation Award for the conviction of Michigan pedophile Ashlee C. Liebert. In late 2011, thirty-four-year-old Liebert, of Whitmore Lake, Michigan, established a relationship with a minor child residing in Putnam County, W.Va. After communicating with the minor using e-mail and a cellphone, Liebert traveled from Michigan to Putnam County, West Virginia to meet the child to have illegal sexual contact. Police officers with the Putnam County Sheriff’s Department discovered Liebert and the minor inside Liebert’s parked vehicle near Buffalo, W.Va. Officers obtained a search warrant for Liebert’s vehicle. A Michigan state search warrant was also executed on Liebert’s Whitmore Lake residence on March 10, 2012, the same day the defendant was arrested by police in West Virginia. During the execution of the search warrant, officers seized several computers from Liebert’s residence. A forensic review of Liebert’s computers revealed more than 600 images and videos of child pornography. Liebert was sentenced in June to 12 years in federal prison followed by 20 years of supervised release for traveling in interstate commerce with intent to engage in illicit sexual conduct with a minor.
Goodwin also presented a group of educators from the Mary C. Snow West Side Elementary School and officers from the Charleston Police Department with the Award for Professional Innovation in Victim Services. The award recognizes their collaborative effort on the West Virginia Defending Childhood Initiative, which helps students who have been exposed to violence. A main component of the pilot initiative is a unique program dubbed “Handle With Care.” When officers encounter a child who has been exposed to violence – either as a direct victim of abuse or neglect, or as a witness to violence in the home or community – a Handle With Care notice is forwarded to the child’s school to alert teachers and school staff. As a result of the initiative, staff members at Mary C. Snow West Side Elementary School, along with their law enforcement partners from the Charleston Police Department, are developing a better understanding of the impact of trauma on learning and how they can work together to support children facing difficulties.
Also on Friday, Goodwin presented the West Virginia Crime Victim Service Award to representatives from Legal Aid of West Virginia and the West Virginia Coalition Against Domestic Violence for advocacy and assistance to victims of domestic violence, sexual assault, stalking and dating violence. The West Virginia Legal Assistance to Victims Partnership, a collaborative effort between Legal Aid of West Virginia and the West Virginia Coalition Against Domestic Violence, provides court based advocacy and legal representation to victims of domestic violence by offering solutions to help break the cycle of violence. Legal Aid and the Coalition Against Domestic Violence have worked to support 14 regional teams of attorneys and advocates providing comprehensive services to help crime victims attain self-sufficiency and independence from abuse.The information provided below lists the award category, along with the name of each individual and/or agency honored Friday:
Outstanding Child Advocacy Center
Child Youth and Advocacy CenterOutstanding Violence Against Women STOP Team
Raleigh County STOP TeamWest Virginia Crime Victim Service Award
Legal Assistance to Victims Partnership:
Legal Aid of West Virginia and the West Virginia Coalition Against Domestic ViolenceOutstanding Volunteer Service
Cpl. Errol D. Randle, Charleston Police DepartmentAward for Professional Innovation in Victim Services
West Virginia Defending Childhood Initiative
Mary C. Snow West Side Elementary School & The Charleston Police DepartmentOutstanding Community Partner
Trifecta Productions, LLCOutstanding Criminal Justice Partner
West Virginia Division of Justice and Community ServicesOutstanding Project Safe Childhood Investigation
United States v. Ashlee LiebertPutnam County Sheriff’s Dept.
Sgt. Ryan E. Lockhart
Sgt. Allen Savilla
Det. Shawn Johnson
Dep. R. K. Lyon
Dep. William Seanze, Jr.
Dep. Chad Ashley
Dep. Brian Donohoe
Federal Bureau of Investigation
SA Jason Bollinger
SA J. T. WaggySA Jeff Long
SA Evan Patterson
Melinda CashWest Virginia State Police
David Miller
Cristalle WorkmanNorthfield Township Police Dept.
Inv. Jason Roberts
Officer Richard Paquette
Officer Tim GreeneCAMC Child Advocacy Center
Maureen RunyonOutstanding Workplace Safety Investigation
United States v. David HughartFederal Bureau of Investigation
SA James Lafferty
SA Sherry PayetteU.S. Dept. of Labor, OIG
SA Jeff Carter
Internal Revenue Service, CID
SA Karen AtkinsonOutstanding Violent Crime Investigation
United States v. Vivek ShahFederal Bureau of Investigation
SA Jim Lafferty
SA Brian ClarityU.S. Postal Inspection Service
Postal Insp. Josh MehallOutstanding Medicare Fraud Investigation
United States v. Shida JamieU.S. DHHS, OIG
SA Mary Ann WithrowWest Virginia Medicaid Fraud Control Unit
Federal Bureau of Investigation
SA Jim Lafferty
SA Brian Clarity
Tammi BlundonOutstanding Prescription Drug Diversion Investigation
United States v. Dr. Fernando Gonzales-RamosFederal Bureau of Investigation
SA Jim Lafferty
SA Todd Berry
Dean LaufferU.S. DHHS, OIG
SA Mary Ann Withrow
SA Scott CruikshankWest Virginia State Police, BCI
Cpl. Terry Toney
TFC Jared BrewerOutstanding Drug Investigations (3 investigations receiving awards)
United States v. Raymond Hersman
Charleston Police Dept./MDENT
Lt. Chad Napier
Det. Keven Allen
TFO Chris PowellClay County Prosecuting Attorney
Jim SamplesNorth Wilkesboro Police Department
Ptlm. Monty WolfeWest Virginia State Police
Sgt. James Light
Cpl. Marshall Bailey
Tpr. Charles Maynard
Tpr. Eric WorkmanUnited States v. Alvaro Jaime, et al.
Drug Enforcement Administration
SA Tom Bevins
SA Wren RayHuntington Police Department
Cpl. John Franklin
TFO Curt NethercuttUnited States v. Kevin Robinson and Jermaine Dickerson
Drug Enforcement Administration
SA Tom Bevins
SA Wren RayCharleston Police Dept./MDENT
TFO Chris PowellHuntington Police Department
Capt. Rocky Johnson
Lt. Eric Corder
Lt. John Ellis
TFO Curt Nethercutt
TFO Craig Preece
TFO John Franklin
PFC Paul Matovich
PFC Jamie Leist
Law Enforcement Officer of the Year
Special Agent James Lafferty, FBIDrug & Violent Crime Task Force of the Year
DEA AHIDTA Task ForceLaw Enforcement Agency of the Year
West Virginia State PoliceClick here to listen to an audio sound bite from U.S. Attorney Goodwin
Logan Men Enter Guilty Pleas in Connection with Arson SchemeRead the Press Release
Defendants conspired to set blaze to Logan office building to collect $1 million insurance payment
CHARLESTON, W.Va. – Two men entered guilty pleas in federal court today in connection with a Logan arson scheme, announced U.S. Attorney Booth Goodwin. James Gregory Glick, and co-defendant Guy R. Miller, 39, both pleaded guilty to arson and conspiracy to commit mail and wire fraud. Glick, 44, of Logan, also pleaded guilty to conducting unlawful monetary transactions, and structuring currency transactions in connection with the scheme.
In November 2011, Glick arranged to have an office building located at 111 Stratton Street in Logan burned to collect more than $1 million in insurance proceeds. In late December 2011, the building was purchased by a known person for $45,000 prior to the scheme. That person, in turn, immediately sold the property to Glick in early January 2012 purportedly for $50,000.
During the scheme, Mr. Glick then paid William Jamey Thompson, 44, an independent insurance agent from Chapmanville, approximately $50,000 to obtain a fraudulently-inflated $1 million insurance policy from General Star Indemnity Company (“General Star”) in connection with the scheme.
On the night of February 1, 2012, Guy Miller, Shawn C. Simon, 41, of Charleston and another associate worked together to set the fire by spreading gasoline throughout the main floor.
Additionally, Mr. Glick made illegal transactions of more than $10,000 from the Logan Bank & Trust (“LB&T”) on more than nine occasions. Mr. Glick also structured more than $170,000 in monies from accounts at LB&T during the conspiracy. “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).
Glick faces a minimum of seven years in prison when he is sentenced on February 19, 2014, by United States District Judge Thomas E. Johnston.
Miller, who also pleaded guilty today to a federal drug charge, participated in an oxycodone distribution conspiracy in and around Logan County during the spring of 2011. In the weeks following July 3, 2011, Miller made several trips to Florida to illegally obtain more than 1,000 oxycodone pills.
Miller faces a minimum of seven years in prison when he is sentenced on February 19, 2014.The plea hearings for Thompson and Simon are set for Thursday, Nov. 7, 2013.
The West Virginia State Police and the IRS conducted the investigation. Assistant United States Attorney Thomas Ryan is in charge of the prosecution.
The 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.
Federal Grand Jury Indicts Belle Man on Illegal Firearm Possession ChargeRead the Press Release
CHARLESTON, W.Va. – A Kanawha County man was indicted on Nov. 5 by a federal grand jury sitting in Charleston for being a felon in possession of a firearm. According to a single-count indictment, Dorsey Woolwine, Jr., 62, of Belle, W.Va., allegedly possessed 19 firearms near Belle, W.Va. on March 24, 2012.
Woolwine was previously convicted of unlawful wounding in March 2012 in the Circuit Court of Kanawha County. He did not have his rights to possess a firearm restored.
Woolwine faces up to 10 years in prison, if convicted.
The investigation was conducted by the Metropolitan Drug Enforcement Network Team. Assistant United States Attorney Joshua Hanks 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.
Note: The charge contained in the indictment is merely an accusation, and the defendant is presumed innocent unless and until proven guilty.
Click here to view a copy of the indictment
Charleston Man Indicted by A Federal Grand Jury for Child Pornography OffensesRead the Press Release
CHARLESTON, W.Va. – A Charleston man was indicted by a federal grand jury sitting in Charleston on Nov. 5 for child pornography offenses, announced U.S. Attorney Booth Goodwin. Stephen Wayne Laton, Jr., 40, was charged with production of child pornography and possession of child pornography. The two-count indictment alleges that in or around June 2010, Laton Jr. knowingly attempted to persuade, induce, entice, and coerce a minor to engage in sexual activity. The indictment also alleges that on February 6, 2013, Laton Jr. possessed images and videos of child pornography on his personal computer.
Laton faces up to 50 years in prison, if convicted.
The investigation was conducted by the FBI and the West Virginia State Police. Assistant United States Attorney Jennifer Rada is in charge of the prosecution.
The indictment was 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.
Note: The charges contained in the indictment are merely accusations, and the defendant is presumed innocent unless and until proven guilty.
Click here to view a copy of the indictment
Aracoma Contracting, Llc Enters Federal Guilty Plea for Structuring Millions in Cash Out of Bank of MingoRead the Press Release
Company involved in scheme to bilk BrickStreet Mutual Insurance out of millions in insurance premiums also structured over $2 million in cash out of Bank of Mingo
CHARLESTON, W.Va. –U.S. Attorney Booth Goodwin announced that Williamson, W.Va.-based employee leasing firm, Aracoma Contracting, LLC (“Aracoma”), pleaded guilty today to a federal charge 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. Top Aracoma executive, Jerome Edward Russell, 50, of Williamson, W.Va., pleaded guilty today, on behalf of the company, to conspiracy to structure currency transactions. “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).
Russell and fellow Aracoma executive, Frelin R. Workman, 58, of Belfry, KY, previously pleaded guilty to their involvement in an honest services mail fraud scheme to defraud BrickStreet Mutual Insurance (BrickStreet) of insurance premiums and tax evasion. Russell and Workman were each previously sentenced in October to 2 ½ years in prison for their roles in the scheme.
Acting on behalf of Aracoma, Russell and Workman formed a longstanding relationship with the Bank of Mingo, and, particularly, one of its employees at the bank’s Williamson branch. From January 2009 through April 2012, Aracoma, through its representatives including Russell and Workman, 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 of Bank of Mingo 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 of Bank of Mingo 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 occasions when multiple individuals appeared at the same teller window at the Williamson branch of Bank of Mingo to endorse cashier’s checks that exceeded $10,000 on Aracoma’s line of credit, Bank of Mingo routinely failed to file a currency transaction report, as required by law.
An investigation determined that 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 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 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.
Sargent was previously sentenced in October to six years in federal prison.
Aracoma Contracting, LLC faces a maximum fine of up to $500,000 fine and a five-year term of probation at a sentencing hearing scheduled for January 15, 2014.
The FBI, the IRS, the West Virginia State Police and the West Virginia Insurance Commission conducted the investigations. This investigation was also handled in coordination with the United States Attorney’s Office for the Western District of Virginia and the IRS’s local Abingdon, Virginia Resident Agency. Assistant United States Attorney Thomas Ryan is in charge of the prosecutions.
Nicholas County Men Sentenced to Federal Prison for Methamphetamine ConspiracyRead the Press Release
Nine from Nicholas sentenced to federal prison this year in meth ring take-down
CHARLESTON, W.Va. –Two men were sentenced to federal prison for their participation in a Nicholas County methamphetamine conspiracy, U.S. Attorney Booth Goodwin announced today. Roy Spinks, Sr., of Craigsville, 59, was sentenced to two years in prison. Spinks’ co-defendant, Michael Boley, 31, of Summersville, was also sentenced to two years in prison for conspiracy to manufacture methamphetamine. The sentences were handed down today by United States District Judge John T. Copenhaver, Jr. in Charleston.
Spinks Sr., who previously pleaded guilty in August to making a residence available for the purpose of manufacturing methamphetamine, permitted an associate, Felicia Bess, to cook methamphetamine at his Kyler Road residence in Nicholas County. Boley, who also pleaded guilty in August, cooked methamphetamine at Spinks’ Nicholas residence, as well as at several other locations in and around Nicholas County from October 2010 until June 2011.
Bess, 23, of Summersville, was sentenced in February to three years in prison for her participation in the conspiracy. Also in February, Roy Spinks, Jr., 39, of Craigsville, was sentenced to six years in prison for making a residence available for the purpose of manufacturing methamphetamine. During the conspiracy, Spinks Jr. and Bess worked together to manufacture methamphetamine using a technique known as the “shake and bake” method. Spinks Jr. also told police that he manufactured methamphetamine at several different residences in Nicholas County
In a related matter, Bratten Smith, 28, of Richwood, was sentenced in February to two years in prison. From February 2011 until May 1, 2011, Smith helped Spinks and Bess cook methamphetamine at a residence in Nicholas County. Smith also supplied pseudoephedrine and other ingredients that were used to manufacture methamphetamine. In exchange for the meth-making materials, Smith received methamphetamine for his personal use.
In addition, Shannon Ellison (3 ½ years), Jennifer Curry (2 years), Rachel Petrey (five years and 10 months), and Terry Mullins (four years and three months), all of Nicholas County, were sentenced to federal prison earlier this year for conspiracy to manufacture methamphetamine.
The U.S. Forestry Service, the Central West Virginia Drug Task Force, the West Virginia State Police, the Nicholas County Sheriff’s Department and the Richwood Police Department conducted the investigation. Assistant United States Attorney John Frail handled the prosecutions.
Huntington Heroin Dealer Enters Guilty Plea in Federal CourtRead the Press Release
HUNTINGTON, W.Va. – A Huntington man pleaded guilty on Nov. 4 in federal court in connection with his role in a heroin distribution conspiracy, announced U.S. Attorney Booth Goodwin. Forty-nine-year-old Ricky Ray Rockwell pleaded guilty to conspiracy to distribute heroin before Chief United States District Judge Robert C. Chambers in Huntington.
Between November 2010 and July 2011, Rockwell participated with convicted felons Kevin Luthor Robinson and Jermaine D. Dickerson to distribute heroin in and around the Huntington area.
Rockwell told police that during the illegal drug scheme, he controlled the door to a Huntington residence that was used primarily as a place to distribute illegal drugs. Rockwell also completed illegal heroin transactions on behalf of Robinson and Dickerson. Afterward, Rockwell gave the drug proceeds to his co-conspirators at the completion of the drug transactions.
Robinson, 44, was sentenced to 11 years and three months in prison in March for his role in the illegal drug conspiracy. Dickerson, 36, was also sentenced in March to 15 years and nine months in federal prison. Robinson and Dickerson, both of Columbus, previously pleaded guilty in December 2012 to conspiracy to distribute heroin and 28 grams or more of crack cocaine.
During the scheme, Robinson and Dickerson arranged frequent trips to Columbus to purchase heroin and cocaine. The illegal drugs were then brought to Huntington and sold. The defendants also utilized several Huntington residences to store, prepare and package illegal drugs during the fall of 2010 through July 2011.
Rockwell faces up to 20 years in federal prison when he is sentenced on February 24, 2014.
This case was investigated by the DEA, the Huntington Police Department, and the High Intensity Drug Trafficking Area Task Force. Assistant United States Attorney Joseph F. Adams is in charge of the prosecution.
Goodwin Announces Three Guilty Pleas in Federal Prescription Drug CrackdownRead the Press Release
BLUEFIELD, W.Va. – Three individuals from Mercer County pleaded guilty in federal court this week in connection with the illegal distribution of powerful prescription painkillers, announced U.S. Attorney Booth Goodwin. The charges against each defendant were brought as part of the Bluefield Pill Initiative, a concerted attack by federal, state, and local government on the illegal distribution of prescription drugs in the southern region of West Virginia.
The following defendants pleaded guilty on Nov. 4 to distribution of hydromorphone, a powerful prescription painkiller commonly known as Dilaudid: Darryl Shrader, 53, of Spanishburg; Bobby Michael Short Jr., 46, of Princeton; and Faith Michelle Akers, 44, of Princeton. Shrader, Short and Akers each sold hydromorphone pills to a confidential informant working in cooperation with law enforcement. The pill transactions took place in and around Mercer County.
All three defendants face up to 20 years in federal prison when they are sentenced on March 10, 2014 by Senior United States District Judge David A. Faber.
The Bluefield Pill Initiative is a collaborative, multi-agency regional law enforcement effort designed to halt prescription drug trafficking in Mercer, McDowell, and Wyoming counties. The Bluefield Pill Initiative is led by the Southern Regional Drug and Violent Crime Task Force, which includes the West Virginia State Police Bureau of Criminal Investigation, the Mercer, McDowell and Wyoming County Sheriff’s Departments, and the Bluefield and Princeton Police Departments. Assistant United States Attorney John File is in charge of the prosecutions.
Ohio Man Who Participated in Crack Cocaine Conspiracy Sentenced to Nearly 11 Years in PrisonRead the Press Release
CHARLESTON, W.Va. – A 38-year-old Ohio man was sentenced to ten years and ten months in federal prison for his role in a crack cocaine distribution conspiracy, U.S. Attorney Booth Goodwin announced today. Renardo Darnell Owens, of Akron, Ohio, previously pleaded guilty in April to conspiracy to distribute crack cocaine.
On February 11, 2013, Renardo Owens sold crack cocaine to a police informant working in cooperation with the Metropolitan Drug Enforcement Network Team (MDENT) in exchange for $140. The next day, Renardo Owens sold $300 worth of crack cocaine to an informant. He also gave the informant $500 worth of crack cocaine and expected to be paid after the drugs were sold.
On February 13, 2013, Owens’ co-conspirator and brother, Retsyn Owens, arranged to meet the police informant at a predetermined location in Charleston. After arriving at the predetermined location, Retsyn Owens accepted $500 from the informant. The money that Retsyn Owens received from the informant on February 13, 2013 was payment for crack cocaine his brother had distributed two days earlier.
Retsyn Deshawn Owens, 42, also of Akron, Ohio previously pleaded guilty in April to conspiracy to distribute crack cocaine.
Retsyn Owens also provided the informant $500 worth of crack cocaine on February 13, 2013 and expected to be paid after the drugs were sold. On February 14, 2013, Renardo Owens accepted $500 from a police informant as payment for crack cocaine. Also, on February 14, 2013, Renardo Owens handed the informant $1,000 worth of crack cocaine and expected payment after the drugs were sold. On February 15, 2013, MDENT agents executed a search warrant at a Charleston residence and seized drug paraphernalia, cash, and three bags containing crack cocaine. During the execution of the search warrant, police also arrested Renardo Owens, who was inside the residence at the time.
Renardo Owens was previously convicted in October 1999 of possession of cocaine and trafficking cocaine in the Court of Common Pleas in Summit County, Ohio.
Retsyn Owens faces up to 20 years in prison when he is sentenced on November 13, 2013.
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.
Ohio Man Who Participated in Crack Cocaine Conspiracy Sentenced to Nearly 11 Years in PrisonRead the Press Release
CHARLESTON, W.Va. – A 38-year-old Ohio man was sentenced to ten years and ten months in federal prison for his role in a crack cocaine distribution conspiracy, U.S. Attorney Booth Goodwin announced today. Renardo Darnell Owens, of Akron, Ohio, previously pleaded guilty in April to conspiracy to distribute crack cocaine.
On February 11, 2013, Renardo Owens sold crack cocaine to a police informant working in cooperation with the Metropolitan Drug Enforcement Network Team (MDENT) in exchange for $140. The next day, Renardo Owens sold $300 worth of crack cocaine to an informant. He also gave the informant $500 worth of crack cocaine and expected to be paid after the drugs were sold.
On February 13, 2013, Owens’ co-conspirator and brother, Retsyn Owens, arranged to meet the police informant at a predetermined location in Charleston. After arriving at the predetermined location, Retsyn Owens accepted $500 from the informant. The money that Retsyn Owens received from the informant on February 13, 2013 was payment for crack cocaine his brother had distributed two days earlier.
Retsyn Deshawn Owens, 42, also of Akron, Ohio previously pleaded guilty in April to conspiracy to distribute crack cocaine.
Retsyn Owens also provided the informant $500 worth of crack cocaine on February 13, 2013 and expected to be paid after the drugs were sold. On February 14, 2013, Renardo Owens accepted $500 from a police informant as payment for crack cocaine. Also, on February 14, 2013, Renardo Owens handed the informant $1,000 worth of crack cocaine and expected payment after the drugs were sold. On February 15, 2013, MDENT agents executed a search warrant at a Charleston residence and seized drug paraphernalia, cash, and three bags containing crack cocaine. During the execution of the search warrant, police also arrested Renardo Owens, who was inside the residence at the time.
Renardo Owens was previously convicted in October 1999 of possession of cocaine and trafficking cocaine in the Court of Common Pleas in Summit County, Ohio.
Retsyn Owens faces up to 20 years in prison when he is sentenced on November 13, 2013.
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.
Mingo Pill Dealer Sentenced to 4 Years in Federal Prison for Oxycodone ConspiracyRead the Press Release
Napier illegally mailed package containing oxycodone tablets, arrested by undercover officer
CHARLESTON, W.Va. – A Mingo County man who mailed a package that contained more than 1,700 oxycodone pills was sentenced to four years in federal prison, U.S. Attorney Booth Goodwin announced today. Patrick Warren Napier, 41, of Dingess, W.Va., previously pleaded guilty in July to conspiracy to distribute oxycodone. On April 29, 2011, investigators with the United States Postal Inspection Service intercepted a package in Peach Creek, W.Va. The package, which contained 1,789 30-milligram oxycodone tablets, had been mailed by Napier. The package was intended for his associate, Michael Fortuna. Napier told investigators that he mailed the package containing the oxycodone and expected to be paid once the pills were sold.
Napier also told investigators that he obtained oxycodone pills from a source of supply located in Florida beginning in April 2011.
Michael Ray Fortuna, 45, of Peach Creek, Logan County, W.Va., previously pleaded guilty in January to conspiracy to distribute oxycodone. Fortuna faces up to 20 years in prison when he is sentenced on November 19, 2013.
The United States Postal Inspection Service, the Drug Enforcement Administration and the Logan County Sheriff’s Department 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.
Mingo Pill Dealer Sentenced to 4 Years in Federal Prison for Oxycodone ConspiracyRead the Press Release
Napier illegally mailed package containing oxycodone tablets, arrested by undercover officer
CHARLESTON, W.Va. – A Mingo County man who mailed a package that contained more than 1,700 oxycodone pills was sentenced to four years in federal prison, U.S. Attorney Booth Goodwin announced today. Patrick Warren Napier, 41, of Dingess, W.Va., previously pleaded guilty in July to conspiracy to distribute oxycodone. On April 29, 2011, investigators with the United States Postal Inspection Service intercepted a package in Peach Creek, W.Va. The package, which contained 1,789 30-milligram oxycodone tablets, had been mailed by Napier. The package was intended for his associate, Michael Fortuna. Napier told investigators that he mailed the package containing the oxycodone and expected to be paid once the pills were sold.
Napier also told investigators that he obtained oxycodone pills from a source of supply located in Florida beginning in April 2011.
Michael Ray Fortuna, 45, of Peach Creek, Logan County, W.Va., previously pleaded guilty in January to conspiracy to distribute oxycodone. Fortuna faces up to 20 years in prison when he is sentenced on November 19, 2013.
The United States Postal Inspection Service, the Drug Enforcement Administration and the Logan County Sheriff’s Department 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.
Goodwin Announces Another Record Total in Prescription Drug Take-back EventRead the Press Release
U.S. Attorney’s Office and DEA announce nearly 2.5 tons collected, surpassing previous record amount from April
CHARLESTON, W.Va. – U.S. Attorney Booth Goodwin and U.S. Drug Enforcement Administration (DEA) Resident Agent in Charge Suzan Williamson jointly announced today that as a result of the October 26th Prescription Drug Take-Back event, a total of 4,976 pounds of unwanted, unused and expired prescription drugs were collected from citizens and households across West Virginia. The October 26th collection results surpassed the previous Take-Back record of 4,642 pounds of prescription drugs collected in April 2013.
U.S. Attorney Goodwin said, “Having back-to-back record totals in the same year is remarkable. West Virginians have yet again responded overwhelmingly in our ongoing fight against prescription drug abuse. We’ve worked hard over the past several years to make our Take-Back initiative a success. My thanks to the DEA, state and local police, and all the West Virginians who made this result possible.”
Suzan Williamson, DEA resident agent in charge for West Virginia, said, “When people take unwanted and expired prescriptions out of their homes and dispose of them properly, it immeasurably helps our fight against prescription drug abuse. I commend all of the federal, state and local partners in West Virginia for their assistance, which has made this seventh Take-Back a success.”
The October Take-Back designated more than 130 sites throughout West Virginia, providing citizens with numerous locations to drop off expired, unused and unwanted medications. Nationwide, more than 5,100 sites participated.
In the six previous Take-Back events, the Drug Enforcement Administration, working jointly with other federal, state, and local law enforcement partners have collected more than 2 million pounds (1,409 tons) of prescription medications nationwide.