FEDERAL DISTRICT ARCHIVE
District of Kansas
Press releases recorded for this federal judicial district.
Shots Fired, 110 MPH Chase Lead to Federal ChargeRead the Press Release
KANSAS CITY, KAN. – A Kansas man who was arrested after a high-speed chase from Miami County to Linn County is facing a federal charge, U.S. Attorney Stephen McAllister said today.
David W. Kellner, 31, is charged with one count of unlawful possession of a firearm by a felon. A criminal complaint filed in U.S. District Court in Kansas City, Kan., alleges that about 3:30 a.m. May 1 a Miami County Sheriff Department deputy spotted Kellner driving without headlights or taillights on K68 Highway near the Louisburg Cider Mill. When the deputy activated his lights to make a stop, Kellner fled south on U.S. 69 Highway at speeds up to 110 mph. Kellner fired at the deputy, who could hear the shots and see sparks when the bullets hit the highway.
Deputies from the Linn County Sheriff’s Department joined the pursuit and followed Kellner’s vehicle until it ran into a fence at 403rd Street and Somerset Road. Kellner fled on foot, discarding a Century Arms Model RAS47 military-style rifle before deputies arrested him. They recovered the rifle, more than $5,500 in cash, and small amounts of marijuana and methamphetamine.
Kellner, who had a prior felony conviction in 2008, was prohibited by federal law from possessing a firearm. If convicted, he could face up to 10 years in federal prison and a fine up to $250,000.The Miami County Sheriff’s Department, the Linn County Sheriff’s Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives investigated. Assistant U.S. Attorney Terra Morehead is prosecuting. Assistant U.S. Attorney Terra Morehead is prosecuting.
In all cases, defendants are presumed innocent until and unless proven guilty. The indictments merely contain allegations of criminal conduct.
Federal Charges Filed in KCK Gas Station Robbery, ShootingRead the Press Release
KANSAS CITY, KAN. – Federal charges have been filed against a Kansas man accused of shooting a clerk during a gas station robbery in Kansas City, Kan., last month, U.S. Attorney Stephen McAllister said today.
Jakel J.M. Webster, 24, Kansas City, Kan., is charged with one count of robbery and one count of discharging a firearm during the robbery.A criminal complaint filed in U.S. District Court in Kansas City, Kan., alleges that on April 28, 2020, Webster robbed the Quick Shop at 2425 Metropolitan Avenue in Kansas City, Kan. An investigator’s affidavit says two suspects entered the store at about 3:30 a.m. The suspect carried a rifle and work a mask and gloves. The smaller suspect had a metal baseball bat and work a mask. The smaller suspect tried to break down the door to the clerk’s enclosed area, but failed. The larger suspect shot through the glass, striking the clerk in the face. The larger suspect then shot the clerk a second time as he lay bleeding on the floor. Both suspects fled before the police arrived.
Investigators learned that Webster was the larger suspect in the robbery. They arrested him on April 29.
If convicted, he could face up to 20 years in federal prison and a fine up to $250,000 on the robbery charge, and at least 10 years and a fine up to $250,000 on the firearm charge. The Kansas City, Kan., Police Department investigated. Assistant U.S. Attorney Terra Morehead is prosecuting.
In all cases, defendants are presumed innocent until and unless proven guilty. The indictments merely contain allegations of criminal conduct.
U.S. Attorney: Be Alert for Sexual Harassment in Housing During the COVID-19 PandemicRead the Press Release
KANSAS CITY, KAN. - U.S. Attorney Stephen McAllister is asking anyone who has witnessed or experienced sexual harassment by a landlord, property manager, maintenance worker or anyone with control over housing to report that conduct to the Department of Justice.
“COVID-19 Pandemic has impacted the ability of many people to pay rent on time and has increased housing insecurity,” McAllister said. “Nationally, there have been reports of housing providers trying to exploit the crisis to sexually harass tenants. Sexual harassment in housing is illegal, and we stand ready to investigate such allegations and pursue enforcement actions where appropriate.”
McAllister said his office will work closely with state and local partners to identify incidents of sexual harassment in housing.
The Justice Department’s Sexual Harassment in Housing Initiative is an effort to combat sexual harassment in housing led by the Justice Department’s Civil Rights Division, in coordination with U.S. Attorney’s offices across the country. The goal of the initiative is to address sexual harassment by landlords, property managers, maintenance workers, loan officers or other people who have control over housing.
Launched in 2017, the initiative has filed lawsuits across the county alleging a pattern or practice of sexual harassment in housing and recovered millions of dollars in damages for harassment victims. The Justice Department’s investigations frequently uncover sexual harassment that has been ongoing for years. Many individuals do not know that being sexually harassed by a housing provider can violate federal law or that the Department of Justice may be able to help.
The Department of Justice, through the Civil Rights Division and U.S. Attorney’s offices, enforces the Fair Housing Act, which prohibits discrimination in housing on the basis of race, color, religion, sex, familial status, national origin, and disability. Sexual harassment is a form of sex discrimination prohibited by the Act.
The Department encourages anyone who has experienced sexual harassment in housing, or knows someone who has, to contact the Civil Rights Division by calling (844) 380-6178 or emailing fairhousing@usdoj.gov.
McAllister said complaint forms also are available on his office’s web site at /media/981871/dl?inline. Assistant U.S. Attorney Andrea Taylor is the Civil Rights Coordinator for McAllister’s office (913-551-6730).
More information about civil rights enforcement in Kansas is available at https://www.justice.gov/usao-ks/civil-rights
Individuals may also file a complaint alleging harassment or discrimination in housing with the Department of Housing and Urban Development through HUD’s website or by calling (800) 669-9777.
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May 1 Deadline for Victims to File Statements Before Sentencing in Atchison Clean Air Act CaseRead the Press Release
TOPEKA, KAN. – Victims in the Atchison Clean Air Act case have until May 1 to file statements. Anyone who would like to submit a written victim impact statement for the court’s consideration can email those statements to usaks.victim.witness@usdoj.gov
A federal judge has set a May 27, 2020, hearing for the sentencing of Harcros Chemicals, Inc., and MGP Ingredients Inc., for violating the federal Clean Air Act when a cloud of toxic chlorine gas formed over Atchison, Kan., in 2016, U.S. Attorney Stephen McAllister said.
The hearing is set for 1:30 p.m. in room 403 of the Frank Carlson Federal Building at 444 S.E. Quincy St. in Topeka before U.S. District Judge Daniel D. Crabtree.
“Many people were affected by the release of the gas in Atchison,” said U.S. Attorney Stephen McAllister. “We know that 140 individuals including members of the public, first responders, employees of MGP Ingredients and Harcros Chemicals sought medical attention at the time of the incident.”
“I want everyone to be aware that the sentencing hearing will be open to the public,” McAllister continued.
Both companies have pleaded guilty to violating the Clean Air Act and each has agreed to pay a $1 million fine.
McAllister said that he wants to assure that anyone impacted by the incident is afforded the right to be reasonably heard and not to be excluded from court. Due to time constraints, it may be impractical for each victim to speak at the sentencing hearing. However, anyone who would like to submit a written victim impact statement for the court’s consideration, please email those statements to usaks.victim.witness@usdoj.gov .
More information about the case is available at https://www.justice.gov/usao-ks/victim-witness
U.S. Attorney McAllister and IRS-CI Warn of Fraud Schemes Related to COVID-19 Economic Impact PaymentsRead the Press Release
KANSAS CITY, KAN. - The U.S. Attorney’s Office for the District of Kansas and Internal Revenue Service-Criminal Investigations (IRS-CI), St. Louis Field Office, are warning Kansas taxpayers to be on the lookout for scam artists trying to use the COVID-19 economic impact payments as cover for schemes to steal personal information and money.
Stephen McAllister, U.S. Attorney for the District of Kansas, and Karl A. Stiften, Special Agent in Charge, Internal Revenue Service, Criminal Investigation (IRS-CI), St. Louis Field Office, made the announcement today in an effort to prevent taxpayers from falling victim to criminals using the recently approved economic impact payments as an opportunity to commit a crime.
Automatic COVID-19 economic impact payments started being deposited into taxpayers’ accounts on April 11. For most Americans, this will be a direct deposit into your bank account. For the unbanked, retirees or other groups who have traditionally received tax refunds via paper check, they will receive their economic impact payment in this manner as well. Scammers may try to get you to sign over your check to them or use this as an opportunity to get you to “verify” your filing information in order to receive your money, and then use your personal information at a later date to file false tax returns in an identity theft scheme. Because of this, everyone receiving a COVID-19 related economic impact payment from the government is at risk.
Karl A. Stiften, Special Agent in Charge of the IRS-CI St. Louis Field Office warned “The existence of a deadly national pandemic will not stop criminals seeking to capitalize on the fears and difficulties faced by the public as they try to line their own pockets by stealing your money or your personal information.”
“Our office is on alert for Covid-19 crimes in Kansas,” U.S. Attorney McAllister said. “You can make a report by emailing us directly at USAKS.Covid.Fraud@usdoj.gov or by calling the National Center for Disaster Fraud (NCDF) hotline (1-866-720-5721).”
Special Agent in Charge Stiften offers the following information and tips to spot a scam and understand how the COVID-19 related economic impact payments will be issued.
• The IRS will deposit your check into the direct deposit account you previously provided on your tax return (or, in the alternative, send you a paper check).
• The IRS will not call and ask you to verify your payment details. Do not give out your bank account or any other account information - even if someone claims it's necessary to get your check. It's a scam.
• If you receive a call, don't engage with scammers or thieves, even if you want to tell them that you know it's a scam, or you think that you can beat them. Just hang up.
• If you receive texts or emails claiming that you can get your money faster by sending personal information or clicking on links, delete them. Don't click on any links in those emails or texts.
• Reports are also swirling about bogus checks. If you receive a check that requires that you verify the check online or by calling a number, it’s a fraud.
"IRS Criminal Investigation alongside the U.S. Department of Justice are prioritizing these types of investigations to help protect taxpayers and the tax system, especially those looking to prey on vulnerable taxpayers,” said Special Agent in Charge Stiften. “Remember, go directly and solely to IRS.gov for official information.”
For more information, visit the IRS website at www.irs.gov/coronavirus. You can always report scams to the IRS on the website at https://www.irs.gov/privacy-disclosure/report-phishing
Help Your Children Keep Safe on the Internet While Schools are Closed for Covid-19Read the Press Release
KANSAS CITY, KAN. – U.S. Attorney Stephen McAllister and FBI Special Agent in Charge Timothy Langan are urging educators and parents in Kansas to be alert as students who are out of school spend more time on the internet.
“Our young people today face more online threats than ever, and that was true before the Kansas schools closed as a result of the COVID-19 pandemic,” McAllister said. “Now, children are likely spending even more time online each day, which gives predators more opportunities to exploit them. In this new environment, we want to remind parents, educators, caregivers, and children about the dangers of online sexual exploitation, urge the adults to watch for the signs of such exploitation and abuse, and to report to and engage federal and state law enforcement authorities when exploitation and abuse are suspected or discovered.”
McAllister said children sometimes can be too trusting online and befriend people they may not know. Predators take advantage of this and target children, often between the ages of 10 and 17, typically through social media. Children across all demographics and genders can be targeted and exploited. Sexual exploitation, even when there is never any physical contact, causes very real harm and has a lasting impact. Images and videos do not disappear from the Internet, and the long term effects can be devastating.
Online sexual exploitation can come in many forms. Sextortion occurs when a predator entices a victim into providing sexually explicit images or videos—usually by falsely pretending to be a teen, someone much younger and different than their real identity—and then threatens to share the images publicly if the victim fails to comply with the predator’s demands for increasingly explicit and degrading images and videos.
“In order for such victimization to stop, children typically need adult intervention and assistance,” McAllister said. “They have to come forward to someone they trust—a parent, teacher, friend, or caregiver—who can then cut off the communications and report the situation to us, which will permit law enforcement to go after the predator.”
McAllister and Langan urge parents to review the resources regarding child exploitation and other crimes related to COVID-19 at https://www.fbi.gov/coronavirus. If you suspect or become aware of possible sexual exploitation of a child, please contact the FBI, the Kansas Bureau of Investigation, or your local law enforcement agency and report it. Such exploitation is a serious federal crime carrying severe federal penalties.
“Federal law enforcement has taken an aggressive approach toward the investigation and prosecution of COVID-19 related crimes such as fraud, price-gouging and hoarding of essential medical supplies,” McAllister said. “But we stand ready to act just as aggressively against those who might seek to take advantage of this situation to exploit our children.”
U.S. Attorney McAllister Marks National Crime Victims’ Rights WeekRead the Press Release
KANSAS CITY, KAN. – U.S. Attorney Stephen McAllister joins communities nationwide in observing National Crime Victims’ Rights Week and celebrating victims’ rights, protections and services. This year’s observance takes place April 19-25 and features the theme, “Seek Justice| Ensure Victims' Rights | Inspire Hope.”
“The Crime Victims’ Rights Act has been of great interest in Congress recently, with many amendments to expand victims’ rights being proposed and seriously considered,” McAllister said. “So there is certainly some strong sentiment that prosecutors should be doing more, not less, to be sensitive to the concerns and needs of victims. In that regard, our staff members who work with victims are tireless advocates for victim rights.”
The Department of Justice has postponed this year’s National Crime Victims’ Service Awards Ceremony until a time when award recipients can be honored in person. During the ceremony, the Office for Victims of Crime will present awards recognizing individuals and organizations from across the nation for their outstanding service on behalf of crime victims. The awardees will be selected from public nominations in 11 categories, including federal service, special courage, public policy and victim services. Visit www.ovc.gov/gallery to learn more about past recipients.
“While we have made tremendous progress driving down crime and violence across the country, far too many Americans continue to suffer the pain and loss of criminal victimization,” said Katharine T. Sullivan, Principal Deputy Assistant Attorney General of the Office of Justice Programs, which oversees OVC. “This week, we stand by these survivors and their families, and we pledge our ongoing support to the countless men and women who serve them with such extraordinary skill and compassion.”
Ronald Reagan proclaimed the first Victims’ Rights Week in 1981, putting crime victims' rights, needs and concerns in a prominent spot on the American agenda. He also established the President's Task Force on Victims of Crime, which laid the groundwork for a national network of services and legal safeguards for crime victims. President Trump and his administration have implemented historic levels of support for victim assistance and victim compensation.
Some 3.3 million Americans age 12 and older were victims of violent crime in 2018, according to the National Crime Victimization Survey. The Office for Victims of Crime, part of the Justice Department’s Office of Justice Programs, supports more than 7,000 local victim assistance programs and victim compensation programs in every state and U.S. territory. Funds for these programs come from the Crime Victims Fund, which is made up of federal criminal fines, penalties and bond forfeitures.
During National Crime Victims’ Rights Week, victim advocacy organizations, community groups and state, local and tribal agencies traditionally host rallies, candlelight vigils and other events to raise awareness of victims’ rights and services. This year, many communities are organizing virtual gatherings and online public awareness campaigns.
“Crime victims deserve to know that they have the encouragement and support of the American people,” said OVC Director Jessica E. Hart. “I hope that citizens throughout the nation will take the opportunity this week to remember all victims of crime and their heroic stories of survival. I encourage everyone to also find meaningful ways to express their appreciation to the many committed and compassionate service providers across the country who work tirelessly supporting these survivors.”
For more information on how to create your own public campaigns to raise awareness about crime victims’ rights online and at events throughout the year, please visit: https://ovc.ncjrs.gov/ncvrw2020/overview.html
The year 2020 marks the 150th anniversary of the Department of Justice. Learn more about the history of our agency at www.Justice.gov/Celebrating150Years.
U.S. Attorney McAllister Announces $6 Million Award to Address Covid-19 Pandemic in KansasRead the Press Release
KANSAS CITY, KAN. – U.S. Attorney Stephen McAllister today announced that the state of Kansas received $6 Million in Department of Justice grants to respond to the public safety challenges posed by the outbreak of COVID-19.
The grant awarded to the Executive Office of the State Of Kansas is available under the Coronavirus Emergency Supplemental Funding program, authorized by the recent stimulus legislation signed by President Trump. In addition, $3.2 million has been allocated for local jurisdictions in Kansas. The Justice Department is moving quickly, awarding grants on a rolling basis and aiming to have funds available for drawdown as soon as possible after receiving applications.
“This money can be used to support a broad range of activities to prevent, prepare for and respond to coronavirus,” said McAllister. “That includes overtime, supplies such as gloves, masks and sanitizer and addressing the medical needs of inmates in prisons, jails and detention centers.”
“The outbreak of COVID-19 and the public health emergency it created are sobering reminders that even the most routine duties performed by our nation’s public safety officials carry potentially grave risks,” said Katharine T. Sullivan, Principal Deputy Assistant Attorney General for the Office of Justice Programs. “These funds will provide hard-hit communities with critical resources to help mitigate the impact of this crisis and give added protection to the brave professionals charged with keeping citizens safe.”
Agencies that were eligible for the fiscal year 2019 State and Local Edward Byrne Memorial Justice Assistance Grant Program are candidates for the emergency funding. Local units of government and tribes will receive direct awards separately according to their jurisdictions’ allocations.
The Office of Justice Programs provides federal leadership, grants, training, technical assistance and other resources to improve the nation’s capacity to prevent and reduce crime, assist victims and enhance the rule of law by strengthening the criminal and juvenile justice systems. More information about OJP and its components can be found at www.ojp.gov.
US Attorney and Kansas AG partner to combat COVID-19 fraudRead the Press Release
KANSAS CITY, KAN. – U.S. Attorney Stephen McAllister and Kansas Attorney General Derek Schmidt today announced a state and federal partnership to investigate and prosecute scammers attempting to prey on Kansans during the COVID-19 outbreak.
The two offices agree coordinating information and manpower will allow the agencies to more quickly to verify allegations and prosecute those who are profiteering off the crisis.
“Nationally, we’ve seen everything from people offering for sale respiratory masks they were not going to deliver to people seeking donations for non-existent Covid-19 charities,” said U.S. Attorney Stephen McAllister. “We are not going to stand by while that happens in Kansas.”
“This partnership will allow our two agencies to bring the maximum state and federal resources to bear to stop scams, frauds and price gouging during this state of emergency,” Schmidt said. “I appreciate Steve’s strong leadership in the U.S. attorney’s office and look forward to working closely with his team to protect Kansans in the face of this crisis.”
The attorney general’s Consumer Protection Division will work directly with two prosecutors in the U.S. attorney’s office designated for handling COVID-19-related matters.
Complaints can be submitted to the U.S. attorney’s office at USAKS.Covid.Fraud@usdoj.gov or by calling the National Center for Disaster Fraud (NCDF) hotline (1-866-720-5721).
Anyone with information about COVID-19-related scams or price gouging can file a complaint with the attorney general’s office online on a form specifically designed for coronavirus issues, available along with other resources about the state’s response to the outbreak, at www.ag.ks.gov. Kansans may also call the attorney general’s consumer protection hotline at (800) 432-2310 to request a paper complaint form be sent by mail.
Department of Justice Makes $850 Million Available to Help Public Safety Agencies Address COVID-19Read the Press Release
KANSAS CITY, KAN. - The Department of Justice today announced that it is making $850 million available to help public safety agencies respond to the challenges posed by the outbreak of COVID-19. The Coronavirus Emergency Supplemental Funding program, authorized by the recent stimulus legislation signed by President Trump, will allow eligible state, local and tribal governments to apply immediately for these critical funds. The department is moving quickly to make awards, with the goal of having funds available for drawdown within days of the award.
“I urge public safety agencies in Kansas that are eligible to move quickly to apply for these much-needed funds,” said U.S. Attorney Stephen McAllister. “The total available in Kansas is expected to exceed $3.2 million.”
“This is an unprecedented moment in our nation’s history and an especially dangerous one for our front-line law enforcement officers, corrections officials, and public safety professionals,” said Office of Justice Programs Principal Deputy Assistant Attorney General Katharine T. Sullivan. “We are grateful to the Congress for making these resources available and for the show of support this program represents.”
A solicitation, posted by the Bureau of Justice Assistance in the Justice Department’s Office of Justice Programs (OJP), will remain open for at least 60 days and be extended as necessary. OJP will fund successful applicants as a top priority on a rolling basis as applications are received. Funds may be used to hire personnel, pay overtime costs, cover protective equipment and supplies, address correctional inmates’ medical needs and defray expenses related to the distribution of resources to hard-hit areas, among other activities. Grant funds may be applied retroactively to Jan. 20, 2020, subject to federal supplanting rules.
Agencies that were eligible for the fiscal year 2019 State and Local Edward Byrne Memorial Justice Assistance Grant Program are candidates for this emergency funding. A complete list of eligible jurisdictions and their allocations can be found at https://bja.ojp.gov/program/fy20-cesf-allocations.
For more information about the Coronavirus Emergency Supplemental Funding program, please visit https://bja.ojp.gov/funding/opportunities/bja-2020-18553. For more information about the Office of Justice Programs, please visit https://www.ojp.gov/.
The year 2020 marks the 150th anniversary of the Department of Justice. Learn more about the history of our agency at www.Justice.gov/Celebrating150Years.
U.S. Attorney Urges Public to Report Suspected COVID-19 FraudRead the Press Release
KANSAS CITY, KAN. – U.S. Attorney Stephen McAllister of the District of Kansas today urged the public to report suspected fraud schemes related to COVID-19 (the Coronavirus) by calling the National Center for Disaster Fraud (NCDF) hotline (1-866-720-5721) or to the NCDF e-mail address disaster@leo.gov.
In coordination with the Department of Justice, Attorney General William Barr has directed U.S. Attorneys to prioritize the investigation and prosecution of Coronavirus fraud schemes.
“We’re open for business and our mission is to protect the public,” McAllister said. “We will prosecute anyone seeking to profit unlawfully from the public’s fear of COVID-19.”
Some examples of these schemes include:
- Individuals and businesses selling fake cures for COVID-19 online and engaging in other forms of fraud.
- Phishing emails from entities posing as the World Health Organization or the Centers for Disease Control and Prevention.
- Malicious websites and apps that appear to share Coronavirus-related information to gain and lock access to your devices until payment is received.
- Seeking donations fraudulently for illegitimate or non-existent charitable organizations.
- Medical providers obtaining patient information for COVID-19 testing and then using that information to fraudulently bill for other tests and procedures.
In a memorandum to U.S. Attorneys issued March 19, Deputy Attorney General Jeffrey Rosen also directed each U.S. Attorney to appoint a Coronavirus Fraud Coordinator to serve as the legal counsel for the federal judicial district on matters relating to the Coronavirus, direct the prosecution of Coronavirus-related crimes, and to conduct outreach and awareness activities. The District of Kansas Coronavirus Fraud Coordinator is Assistant U.S. Attorney Scott Rask.
The NCDF can receive and enter complaints into a centralized system that can be accessed by all U.S. Attorneys, as well as Justice Department litigating and law enforcement components to identify, investigate and prosecute fraud schemes. The NCDF coordinates complaints with 16 additional federal law enforcement agencies, as well as state Attorneys General and local authorities.
To find more about Department of Justice resources and information, please visit www.justice.gov/coronavirus.
U.S. Attorney: Nearly $60 Million Available to Support Prisoner ReentryRead the Press Release
KANSAS CITY, KAN. – U.S. Attorney Stephen McAllister announced today that nearly $60 million in Department of Justice grants is available to help communities address public safety by supporting successful reentry of adult and juvenile offenders into their communities.
“Our nation is facing difficult public safety challenges that demand strong and immediate action. The high rate of recidivism poses a dire threat to community safety and is being met with a robust response by this Administration,” said Katharine T. Sullivan, Principal Deputy Assistant Attorney General for the Office of Justice Programs.
The funding is available through OJP, the federal government’s leading source of public safety funding and crime victim assistance in state, local and tribal jurisdictions. OJP’s programs support a wide array of activities and services, including adult and juvenile reentry initiatives and research projects designed to improve our knowledge of what works in reentry programming.
A number of funding opportunities are currently open, with several more opening in the near future.
Correctional Adult Reentry Education, Employment, and Recidivism Reduction Strategies Program
https://bja.ojp.gov/funding/opportunities/bja-2020-17104
Total Available $7.2 million Deadline 4/27/2020
Improving Community Supervision Outcomes Through Swift, Certain, and Fair Responses
https://bja.ojp.gov/funding/opportunities/bja-2020-17096
Total Available $3 million Deadline 4/28/2020
Improving Reentry for People with Substance Use Disorders Program
https://bja.ojp.gov/SCASUD20
Total Available $13.2 million Deadline 4/27/2020
Innovations in Reentry Initiative: Building System Capacity & Testing Strategies to Reduce Recidivism
https://bja.ojp.gov/funding/opportunities/bja-2020-17281
Total Available $4 million Deadline 5/4/2020
Research and Evaluation on Promising Reentry Initiatives https://nij.ojp.gov/funding/opportunities/nij-2020-17295
Total Available $6 million Deadline 5/5/2020
Review and Validation of the First Step Act Risk Assessment Tool https://nij.ojp.gov/funding/opportunities/nij-2020-fsa
Total Available: Determined after selection Deadline 4/10/2020
Second Chance Act Community-Based Reentry Program
https://bja.ojp.gov/funding/opportunities/bja-2020-17110
Total Available $13.5 million Deadline 5/4/2020
Second Chance Act Evaluation Participation Support
https://bja.ojp.gov/funding/opportunities/bja-2020-17680
Total Available $4 million Deadline 4/28/2020
Second Chance Act Youth Offender Reentry Program
https://ojjdp.ojp.gov/sites/g/files/xyckuh176/files/media/document/ojjdp-2020-17350.pdf
Total Available $7 million Deadline 4/28/2020
For more information regarding all OJP funding opportunities, visit https://www.ojp.gov/funding/explore/current-funding-opportunities
U.S. Attorney: More than $83 Million Available to Support School SafetyRead the Press Release
KANSAS CITY, KAN. – U.S. Attorney Stephen McAllister announced today that more than $83 million in Department of Justice grants is available to help communities improve school security and protect students, teachers and faculty from threats of violence.
“School violence is no longer an abstract threat but has become a tragic reality in too many of America’s communities. Moving to meet this challenge is among the Administration’s top domestic priorities,” said Katharine T. Sullivan, Principal Deputy Assistant Attorney General for the Office of Justice Programs.
The funding is available through OJP, the federal government’s leading source of public safety funding and crime victim assistance in state, local and tribal jurisdictions. OJP’s programs support a wide array of activities and services, including programs designed to tighten school security and improve the reporting of threats.
A number of funding opportunities for school safety are currently open, with another opening in the near future:
Research and Evaluation on School Safety
https://nij.ojp.gov/funding/opportunities/nij-2020-17308
Total Available $5 million Deadline 4/13/2020
STOP Act School Violence Program (FY20)
https://nij.ojp.gov/funding/opportunities/nij-2020-17308
Total Available $71.4 million Deadline 4/13/2020
Strategies to Support Children Exposed to Violence
https://ojjdp.ojp.gov/funding/opportunities/ojjdp-2020-17926
Total Available $7 million Deadline 4/27/2020
For more information regarding all OJP funding opportunities, visit https://www.ojp.gov/funding/explore/current-funding-opportunities.
U.S. Attorney: More than $65 Million Available to Fight Human TraffickingRead the Press Release
KANSAS CITY, KAN. - U.S. Attorney Stephen McAllister today announced that more than $65 million in Department of Justice grants is available to help communities combat human trafficking and serve adults and children who are victimized in trafficking operations.
“Our nation is facing difficult challenges, none more pressing than the scourge of human trafficking. Human traffickers pose a dire threat to public safety and countering this threat remains one of the Administration’s top domestic priorities,” said Katharine T. Sullivan, Principal Deputy Assistant Attorney General for the Office of Justice Programs.
The funding is available through OJP, the federal government’s leading source of public safety funding and crime victim assistance in state, local and tribal jurisdictions. OJP’s programs support a wide array of activities and services, including programs that support human trafficking task forces and services for human trafficking survivors.
A number of funding opportunities are currently open, with several more opening in the near future.
Missing and Exploited Children Training and Technical Assistance Program
https://ojjdp.ojp.gov/funding/opportunities/ojjdp-2020-17351
Total Available $1.8 million Deadline 4/6/2020 (Extended)
Multidisciplinary Task Force Program to Combat Human Trafficking
Total Available $22 million Opens week of 3/16/2020
Preventing Trafficking of Girls
Total Available $1.7 million Opens week of 3/16/2020
Research and Evaluation on Trafficking in Persons https://nij.ojp.gov/funding/opportunities/nij-2020-17324
Total Available $2.5 million Deadline 4/20/2020
Services for Victims of Human Trafficking
Total Available $16.5 million Opens week of 3/16/2020
Specialized Training and Technical Assistance on Housing for Victims of Human Trafficking
Total Available $2 million Opens week of 3/16/2020
Human Trafficking Training and Technical Assistance Program
Total Available $5 million Opens week of 3/16/2020
Improving Outcomes for Child and Youth Victims of Human Trafficking
Total Available $6 million Opens week of 3/16/2020
Integrated Services for Minor Victims of Labor Trafficking
Total Available $8 million Opens week of 3/16/2020
For more information regarding all OJP funding opportunities, visit https://www.ojp.gov/funding/explore/current-funding-opportunities
U.S. Attorney: More than $163 Million Available to Fight Addiction CrisisRead the Press Release
KANSAS CITY, KAN. – U.S. Attorney Stephen McAllister today announced that more than $163 million in Department of Justice grants is available to help communities address America’s addiction crisis.
“Our nation is facing the difficult challenge of curbing substance addiction, which threatens public safety and is among the administration’s top domestic priorities,” said Katharine T. Sullivan, Principal Deputy Assistant Attorney General for the Office of Justice Programs.
The funding is available through OJP, the federal government’s leading source of public safety funding and crime victim assistance in state, local and tribal jurisdictions. OJP’s programs support a wide array of activities and services, including programs designed to prevent overdose deaths and break the cycle of addiction and crime.
A number of funding opportunities that address the addiction crisis are currently open:
Adult Drug Court and Veterans Treatment Court Discretionary Grant Program
https://bja.ojp.gov/funding/opportunities/bja-2020-17098
Total Available $1.75 million Deadline 5/14/2020
Comprehensive Opioid, Stimulant, and Substance Abuse Site-based Program
https://bja.ojp.gov/COSSAP20
Total Available $27 million Deadline 5/21/2020
Enhancing Community Responses to America's Addiction Crisis: Serving Our Youngest Crime Victims
https://www.ovc.gov/grants/pdftxt/fy-2020-enhancing-community-responses-to-drug-crisis.pdf
Total Available: $19 million Deadline: 5/4/2020
Family Drug Court Program
https://ojjdp.ojp.gov/funding/opportunities/ojjdp-2020-17090
Total Available $18.2 million Deadline 4/8/2020 (Extended)
Harold Rogers Prescription Drug Monitoring Program
https://bja.ojp.gov/funding/opportunities/bja-2020-17754
Total Available $28.1 Deadline 5/5/2020
Juvenile Drug Treatment Court Program
https://ojjdp.ojp.gov/funding/opportunities/ojjdp-2020-17051
Total Available $7.2 million Deadline 4/13/2020 (Extended)
Mentoring Opportunities for Youth Initiative
https://ojjdp.ojp.gov/funding/opportunities/ojjdp-2020-16930
Total Available $48 million Deadline 4/13/2020
Opioid Affected Youth Initiative
https://ojjdp.ojp.gov/funding/opportunities/ojjdp-2020-17352
Total Available $9 million Deadline 4/20/2020
Research and Evaluation on Drugs and Crime https://nij.ojp.gov/funding/opportunities/nij-2020-17275
Total Available $1 million Deadline 4/20/2020
Residential Substance Abuse Treatment for State Prisoners
https://bja.ojp.gov/RSAT20
Total Available $4.5 million Deadline 4/6/2020
For more information regarding all OJP funding opportunities, visit https://www.ojp.gov/funding/explore/current-funding-opportunities
Indictment: Arizona Veteran Committed Fraud to Obtain Government ContractsRead the Press Release
KANSAS CITY, KAN. – A Marine veteran was indicted Wednesday on charges she committed fraud to obtain government contracts for a business in Overland Park that sold commercial flooring and furniture, U.S. Attorney Stephen McAllister said.
Valerie Gonzalez, 51, Tucson, Ariz., is charged with seven counts of wire fraud and one count of making a false statement on a Veterans Administration vendor verification form. The indictment alleges Gonzalez falsely claimed to own more than 99 percent of The Primus Group, 6980 W.153rd, Suite B, Overland Park, Kan.
The indictment cites payments by the government totaling more than $2 million.
If convicted, she could face up 20 years in federal prison and a fine up to $250,000 on each fraud count, and up to five years and a fine up to $250,000 on the false statement count. The Veterans Affairs, Office of Inspector General (VA-OIG), the Government Services Administration – Office of Inspector General and the Department of Labor – Office of Inspector General investigated. Assistant U.S. Attorney Jabari Wamble is prosecuting.
OTHER INDICTMENTS
Selvin De Jesus Morataya-Sagastume, 38, who is not a citizen of the United States, is charged with one count of unlawfully re-entering the United States after being deported. The indictment alleges the defendant was deported five times previously, in 2004, 2005, twice in 2006 and once in 2018.
If convicted, he could face up to two years in federal prison and a fine up to $250,000. Immigrations and Customs Enforcement investigated. Assistant U.S. Attorney Leon Patton is prosecuting.
Jaime Chico-Holguin, 47, who is not a citizen of the United States, is charged with illegally re-entering the United States after being deported. He was deported in May 2004. He was found Feb. 3, 2020, in Seward County, Kan.
If convicted, he could face up to two years in federal prison and a fine up to $250,000. Immigration and Customs Enforcement investigated. Assistant U.S. Attorney Lanny Welch is prosecuting.
Jose Romas, 29, who is not a citizen of the United States, is charged with illegally re-entering the United States after being deported. He was deported in April 2010. He was found Feb. 19, 2020, in Dodge City, Kan.
If convicted, he could face up to two years in federal prison and a fine up to $250,000. Immigration and Customs Enforcement investigated. Assistant U.S. Attorney Lanny Welch is prosecuting.
Anna Lakin, 34, Neodesha, Kan., and Donald Hamill, 31, Kansas City, Kan., are charged with one count of possession with intent to distribute methamphetamine. The crime is alleged to have occurred Sept. 27, 2019, in Miami County, Kan.
If convicted, they could face not less than 10 years in federal prison and a fine up to $10 million. The Drug Enforcement Administration investigated. Special Assistant U.S. Attorney Michelle McFarlane is prosecuting.
Robert Hicks, 40, Leavenworth, Kan., is charged with one count of escaping from federal custody at Grossman Community Corrections Center in Leavenworth. The crime is alleged to have occurred Nov. 20, 2019.
If convicted, he could face up to five years in federal prison and a fine up to $250,000. The U.S. Marshals Service investigated. Assistant U.S. Attorney Jabari Wamble is prosecuting.
In all cases, defendants are presumed innocent until and unless proven guilty. The indictments merely contain allegations of criminal conduct.
Guilty Verdict in Heroin Trafficking CaseRead the Press Release
KANSAS CITY, KAN. – A jury convicted a Kansas City, Kan., man Wednesday on federal charges of heroin trafficking, U.S. Attorney Stephen McAllister said.
During trial, jurors saw video from hidden cameras in the drug house where the defendant and others distributed heroin.
George Bush Jr., 29, Kansas City, Kan., was convicted on the following charges:
Count one: Conspiracy to possess with intent to distribute heroin.
Count two: Distributing heroin.
Count three: Conspiracy to maintain a residence in furtherance of drug trafficking.
Count four: Possession with intent to distribute heroin.
Count five: Possession with intent to distribute heroin.
Count seven: Possession with intent to distribute heroin.
Count eight: Possession with intent to distribute.
During trial, prosecutors presented evidence that Bush and co-defendants dealt heroin out of a house at 823 Parallel Avenue in Kansas City, Kan.
Five co-defendants pleaded guilty in the case: Albert Brown, 31, Kansas City, Kan. ; Isaiah Lewis, 23, Kansas City, Kan. ; Maurice Bluett, 26, Kansas City, Mo. ; Markelo Paden, 25, Olathe, Kan. ; and Benjamin Mims, 32, Lawrence, Kan.
Bush is scheduled for sentencing June 18. The counts carry the following potential penalties:
Count one: Not less than five years, not more than 40 years, and a fine up to $5 million.
Counts two, four, five, seven and eight: Up to 20 years and a fine up to $1 million.
Count three: Up to 20 years and a fine up to $500,000.McAllister commended the FBI and Assistant U.S. Attorney David Zabel for their work on the case.
Third Defendant Sentenced to Prison for Counterfeiting $100 BillsRead the Press Release
KANSAS CITY, KAN. – John Sebestyen, 51, Mission Viejo, Calif., was sentenced today to 37 months in prison for “washing” $1 bills to produce counterfeit $100 bills, U.S. Attorney Stephen McAllister said. In addition, the defendant was ordered to pay $19,900 in restitution.
Sebestyen was the third of three defendants sentenced in the case. Two co-defendants already were sentenced: Courtney Campbell, 38, Bouse, Ariz. (37 months, $18,100 restitution) and Steven Shane Escamilla, 31, Laguna Hills, Calif. (27 months, $19,900 restitution).
According to documents filed in court, an employee at a hotel in Overland Park contacted police to report that the defendants, who were staying at the hotel, were acting suspiciously. They deposited trash in containers away from their rooms that contained evidence of criminal activity.
The defendants washed the ink off $1 bills and reprinted them to look like $100 bills. They used the counterfeit bills to purchase items from retailers in the Kansas City metro area including Target and Ulta Beauty. In some cases, they returned items and received refunds in genuine currency.
McAllister commended the Overland Park Police Department, the U.S. Secret Service and Assistant U.S. Attorney Leon Patton for their work on the case.
Former Vice President Sentenced for Embezzling $100,000+ from BankRead the Press Release
TOPEKA, KAN. - A former vice president of the First National Bank of Harveyville, Kan., was sentenced today to four months home confinement, U.S. Attorney Stephen McAllister said today. In addition, she was ordered to pay restitution of approximately $107,175.
Debra Kay Converse, 60, Harveyville, Kan., pleaded guilty to one count of embezzlement. In her plea agreement, Converse admitted that in April 2019 the president of First National Bank reported to the Wabaunsee County Sheriff that he believed Converse had embezzled from the bank while she was vice president. The bank’s investigation focused on what Converse claimed were glitches in software. On March 29, 2019, Converse resigned from the bank and the bank initiated an audit. The bank also learned that Converse, while serving as City Treasurer for Harveyville wrote $5,700 in checks payable to First National Bank for processing residents’ utility payments. Rather than crediting the revenue to the bank, she cashed the checks.
McAllister commended the FBI and Assistant U.S. Attorney Richard Hathaway for their work on the case.
Wichita Man Sentenced for Robbing a BankRead the Press Release
WICHITA, KAN. - A Wichita man was sentenced today to 30 months in federal prison for bank robbery, U.S. Attorney Stephen McAllister said.
Jeremy Vos, 21, Wichita, Kan., pleaded guilty to one count of bank robbery. In his plea, he admitted that on July 23, 2019, he robbed Intrust Bank at 5500 E. Harry. He gave the teller a handwritten note saying, “This is a robbery. No (dye) bags. I have a gun.” Police arrested Vos the same day as the robbery.
Wichita police reported Vos had made a false report to 911 shortly before the robbery.
McAllister commended the Wichita Police Department, the FBI and Assistant U.S. Jason Hart for their work on the case.
Grand Jury Indicts Kansas Man Who Fled from TroopersRead the Press Release
TOPEKA, KAN. – A federal grand jury indicted an Olathe man Wednesday on charges of drug trafficking, U.S. Attorney Stephen McAllister said.
Dustin Schultz-Bergin, 40, Olathe, Kan., is charged with one count of possession with intent to distribute methamphetamine and one count of unlawful possession of a firearm by a felon.
According to documents filed in federal court, on Jan. 23, 2020, Kansas Highway Patrol troopers attempted to arrest Schultz-Bergin at Matfield Green service area on the Kansas Turnpike. He fled in a Nissan Altima and troopers stopped the car about 10 miles north of the service area. Schultz-Bergin was armed and troopers shot at him after he got out of the car and ran into a field. Troopers stopped him with the help of a police dog.
The Drug Enforcement Administration recovered more than 7 pounds of methamphetamine from the car and a .380-caliber handgun.
If convicted, he could face not less than 10 years in federal prison and a fine up to $10 million on the methamphetamine charge and up to 10 years and a fine up to $250,000 on the firearm charge. The Drug Enforcement Administration and the Kansas Highway Patrol investigated. Special U.S. Assistant U.S. Attorney Michelle McFarlane is prosecuting
OTHER INDICTMENTS
Matthew Joseph Gammill, 41, Lawrence, Kan., is charged with one count of possession of child pornography. The crime is alleged to have occurred Feb. 24, 2020, in Lawrence.
If convicted, he could face up to 20 years in federal prison and a fine up to $250,000. The FBI investigated. Assistant U.S. Attorney Stephen Hunting is prosecuting.
Carlos Alberto Pesina-Velasquez, who is not a U.S. citizen and who has been living in Greenleaf, Kan., is charged with one count of visa fraud and one count of unlawful possession of a firearm. The crimes are alleged to have occurred Feb. 1, 2020, in Greenleaf.
If convicted, he could face a penalty of up to 10 years and a fine up to $250,000 on each count. The Department of Homeland Security investigated. Assistant U.S. Attorney Jared Maag is prosecuting.
In all cases, defendants are presumed innocent until and unless proven guilty. The indictments merely contain allegations of criminal conduct.
Indictment: Inmate Ran Wichita Drug Ring from A Cell in Oklahoma PenitentiaryRead the Press Release
WICHITA, KAN. – A 55-count federal indictment with 24 defendants unsealed here today alleges that an inmate ran a drug ring in Wichita from a prison cell in the Oklahoma State Penitentiary, U.S. Attorney Stephen McAllister said.
McAllister said federal agents began investigating in April 2019 and reviewed thousands of intercepted messages among the alleged traffickers.
“A large scale criminal drug conspiracy operating in Kansas whose shot caller is behind bars in another state talking on a cell phone makes this a unique case in my experience,” McAllister said. “To the alleged traffickers, I think I would say: Can you hear us now?”
The indictment contains detailed descriptions of defendants going about their daily chores, negotiating prices, handling hundreds of thousands of dollars in cash and trying to do business without drawing attention.
“Today’s arrests and indictments send a clear message: whether you are behind bars or on the street, you will be held accountable. Today, over a 100 federal, state and local officers, working together executed dozens of arrests. The impact of these arrests will be immediate, and our community will be safer due largely in part to the tireless work and dedication of our law enforcement partners. I applaud their dedication and commitment to the community we are sworn to serve,” said Timothy Langan, Special Agent in Charge of the FBI in Kansas City, Missouri.
CALLING THE SHOTS
Travis Knighten, 47, who is being held at the Oklahoma State Penitentiary in McAlester, Okla., is alleged to have been the brains behind a criminal organization that distributed methamphetamine, heroin, cocaine powder, crack cocaine and marijuana in Wichita.
Communicating by cell phone calls and text messages, Knighten is alleged to have directed the movements of almost two dozen conspirators. The indictment alleges Knighten used cell phones obtained while in custody to receive information and to coordinate times and locations for meetings with suppliers. Knighten put together deals with the assistance of a co-defendant who also is an inmate in the same prison, Armando Luna, 39. Knighten also worked with a treasurer outside the prison walls, co-defendant Travis Vontress, 43, Wichita, Kan., as well as other close associates who collected funds to pay suppliers. Lower ranking conspirators were responsible for maintaining stash houses, cutting, packaging and storing drugs, reselling the final products and other duties.
90-YEAR SENTENCE
Although Knighten is being held in Oklahoma, he is still under the authority of the Kansas Department of Corrections. He is serving a 90-year sentence for killing a corrections officer at Lansing Correctional Facility on May 22, 1993. The victim, Officer Mark Avery, died of head injuries received during a fight in the prison recreation building.
In text messages and in phone calls, Knighten and the co-conspirators avoided using words that anyone overhearing them might too easily recognize. They used a variety of slang terms instead. For instance, they might call methamphetamine “ice hockey.” Heroin could be called “Jordan.” Cocaine could be “soda.” Sometimes crack cocaine was “hard” and “gorilla” could be the word for marijuana.
During the conspiracy, many of the co-defendants were known to one another by their street names instead of their given names. Examples include Bizz, P-Boy, E, Booty, YT, Troub, Diablo, Wack, Shot, Leggs, Gray, Bink, Funk, Godfather and Punch.
The conspirators are alleged to have maintained five properties in Wichita as stash houses for processing and storing drugs, including 930 N. Yale, 2548 Somerset, 245 N. Chautauqua, 1411 N. Holyoke and 429 N. Green.
CHARGES AND PENALTIES
Charges and potential penalties include:
- Operating a continuing criminal enterprise (count 1): Not less than 20 years and a fine up to $2 million.
- Conspiracy to distribute methamphetamine (count 2): Not less than 10 years and a fine up to $10 million.
- Conspiracy to distribute marijuana (count 3): Up to five years and a fine up to $250,000.
- Conspiracy to distribute heroin (count 4): Not less than 15 years and a fine up to $20 million.
- Conspiracy to distribute cocaine powder (count 5): Not less than 10 years and a fine up to $8 million.
- Conspiracy to distribute crack cocaine (count 6): Not less than 10 years and a fine up to $8 million.
- Maintaining drug involved premises (counts 7, 8, 9 and 10, 54, ):
- Unlawful use of a telephone in furtherance of drug trafficking (counts 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 38, 40, 41, 42, 43, 44, 45, 46 and 47): Up to four years and a fine up to $250,000.
- Possession with intent to distribute powder cocaine (count 23): Up to 20 years and a fine up to $1 million)
- Possession with intent to distribute methamphetamine (count 36, 39, 49): Not less than 10 years and a fine up to $10 million.
- Possession with intent to distribute heroin (count 37): Not less than five years, not more than 40 years, and a fine up to $5 million.
- Possession of firearms in furtherance of drug trafficking (count 50, 51, 52, 53, 55): Not less than five years and a fine up to $250,000.
DEFENDANTS
Here is a list of the defendants:
Richard Adams, 27, Wichita, Kan., counts 2, 3, 9, 48, 49 and 52.
David Bell, 46, Wichita, Kan., counts 5, 6, 40 and 50)
Frederick Collins, 47, Wichita, Kan.,counts 2, 5, 6 and 33.
Byron Fitchpatrick, 45, Wichita, Kan., counts 5 and 42.
Eric Goodwin, 53, Wichita, Kan., counts 4, 29 and 30.
Dorzee Hill, 40, Wichita, Kan., counts 3, 4, 5, 24, 25, 26, 28, 31, 32, 35, and 45.
Satoria Hill, 33, Wichita, Kan., counts 5 and 45.
Orlando Hogan, 44, Wichita, Kan., counts 2, 4, 9 and 27.
Derek Hubbard, 44, Wichita, Kan., counts 3 and 24.
Travis Knighten, 47, Oklahoma State Penitentiary, counts 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 21, 22, 24, 25, 38, 40, 44, 47 and 54.
Kevin Lewis, 56, Wichita, Kan., counts 2, 4, 5, 6, 8, 12, 16 and 17.
Armando Luna, 39, Oklahoma State Penitentiary, counts 2, 9, 18, 19, 20 and 54.
Trey Martin, 27, Wichita, Kan., counts 3 and 26.
Mario Ponds, 39, Wichita, Kan., counts 5 and 42.
Otis Ponds, 41, Wichita, Kan., counts 2, 8 and 41.
Robert Richmond, 48, Wichita, Kan., counts 5, 6 and 46.
Kimberly Schmidtberger, 38, Wichita, Kan., counts 2, 4, 6 and 47.
Shantus Smallwood, 46, Wichita, Kan., counts 2, 43 and 44.
Travis Vontress, 43, Wichita, Kan., counts 2, 4, 5, 10, 21, 22, 23 and 51.
Kevin Walker, 54, Wichita, Kan., counts 4 and 28.
Tia Ward, 40, Wichita, Kan., counts 2, 3, 8, 38, 39 and 53.
Eddie Washington, 60, Wichita, Kan., counts 5, 31, and 32.
Trevor Wells, 39, Wichita, Kan., counts 2, 3, 4, 7, 35, 36 and 37 and 55.
Dallas Williams, 38, Wichita, Kan., counts 2 and 34.
The FBI and the Wichita Police Department investigated. Special Assistant U.S. Attorney Katherine Andrusak and Assistant U.S. Attorney Matt Treaster are prosecuting. The following agencies assisted with taking defendants into custody: the FBI, the Wichita Police Department, the Drug Enforcement Administration, the Sedgwick County Sheriff’s Office, Homeland Security Investigations and the U.S. Marshals Service.
In all cases, defendants are presumed innocent until and unless proven guilty. The indictments merely contain allegations of criminal conduct,
May 27 Sentencing Hearing Set in Atchison Clean Air Act CaseRead the Press Release
TOPEKA, KAN. – A federal judge has set a May 27, 2020, hearing for the sentencing of Harcros Chemicals, Inc., and MGP Ingredients Inc., for violating the federal Clean Air Act when a cloud of toxic chlorine gas formed over Atchison, Kan., in 2016, U.S. Attorney Stephen McAllister said.
The hearing is set for 1:30 p.m. in room 403 of the Frank Carlson Federal Building at 444 S.E. Quincy St. in Topeka before U.S. District Judge Daniel D. Crabtree.
“Many people were affected by the release of the gas in Atchison,” said U.S. Attorney Stephen McAllister. “We know that 140 individuals including members of the public, first responders, employees of MGP Ingredients and Harcros Chemicals sought medical attention at the time of the incident.”
“I want everyone to be aware that the sentencing hearing will be open to the public,” McAllister continued.
Both companies have pleaded guilty to violating the Clean Air Act and each has agreed to pay a $1 million fine.
McAllister said that he wants to assure that anyone impacted by the incident is afforded the right to be reasonably heard and not to be excluded from court. Due to time constraints, it may be impractical for each victim to speak at the sentencing hearing. However, anyone who would like to submit a written victim impact statement for the court’s consideration, please email those statements to usaks.victim.witness@usdoj.gov .
For updates and resources on this case, please visit our website: https://www.justice.gov/usao-ks/us-v-mgp-ingredients-inc-et-al
Kansas Clinic Agrees to Pay $775,000 to Resolve False Claims Act AllegationsRead the Press Release
KANSAS CITY, KAN. - Trina Health–Wichita NW, LLC, located in Wichita, Kan., and Jack West of Dallas, Texas, one of the company’s principals, agreed to pay the United States $775,000 to resolve allegations that they violated the False Claims Act by submitting false claims to Medicare and TRICARE.
The company submitted claims to the federal programs for what the company called “artificial pancreas treatment” for diabetes. The United States alleged that from September 2015 through May 2017, Trina and West violated the False Claims Act because the claims were actually for an outpatient insulin infusion regimen that was not medically reasonable or necessary and specifically not covered by the federal programs.
Medicare is a federal health insurance program for people 65 or older, certain younger people with disabilities, and people with End-Stage Renal Disease. TRICARE, formerly known as CHAMPUS, is a federal health care system administered through the Department of Defense for uniformed service members, retirees, and their families.
“This office is committed to civil health care fraud enforcement as a key component of the mission of our office,” said United States Attorney Stephen McAllister. “Medicare beneficiaries rightly expect medically appropriate treatment. We will continue working with our law enforcement partners to hold accountable those who defraud federal programs and taxpayers.”
“Medicare enrollees, as well as taxpayers, deserve nothing less than appropriate medical treatments,” said Curt L. Muller, Special Agent in Charge for the Office of Inspector General of the U.S. Department of Health and Human Services. “Those claiming government health program funds for medically unnecessary services should expect aggressive investigation and legal action.”
“I applaud the Department of Justice and the U.S. Attorney for the District of Kansas for their continued efforts to hold health care providers accountable to the American taxpayer,” said Army Lt. Gen. Ronald Place, director of the Defense Health Agency. “The efforts of the Department of Justice to safeguard the health care benefit for our service members, veterans and their families is commendable. The Defense Health Agency continues to work closely with the Justice Department, and other state and federal agencies to investigate all those who participated in fraudulent practices.”
The investigation was conducted by the United States Department of Health and Human Services, Office of Inspector General, Office of Investigations, the United States Attorney’s Office for the District of Kansas, and the Defense Criminal Investigative Service. The matter was handled by Assistant United States Attorney Jon Fleenor.
The claims resolved by the settlement are allegations only, and there has been no determination of liability.
Indictment: Honduran Citizen Attacked Immigration OfficersRead the Press Release
WICHITA, KAN. – A citizen of Honduras was indicted today on charges of unlawfully re-entering the United States and attacking immigration officers when they took him into custody in Kansas, U.S. Attorney Stephen McAllister said.
Gerson Ayala-Alfaro, 27, is charged with one count of unlawfully re-entering the United States after being deported and two counts of assaulting and injuring employees of Immigration and Customs Enforcement. The crimes are alleged to have occurred Jan. 17, 2020, in Sumner County, Kan.
If convicted, he faces up to two years in federal prison and a fine up to $250,000 on the re-entry charge and up to 20 years and a fine up to $250,000 on the assault counts. ICE’s Enforcement and Removal Operations (ERO) investigated. Assistant U.S. Attorney Lanny Welch is prosecuting.
OTHER INDICTMENTS
Kyle Ellery, 19, Wichita, Kan., is charged with one count of transporting a minor across state lines for the purpose of engaging in sexual conduct, and one count of traveling across state lines for the purpose of engaging in sexual conduct with a minor.
The indictment alleges that on Jan. 10, 2020, Ellery traveled from Kansas to Missouri for the purpose of engaging in sex with a 14-year-old victim. Then, on Jan. 11, 2020, he transported the 14-year-old victim from Missouri to Kansas for the purpose of engaging in sex.
If convicted, he could face not less than 10 years in federal prison and a fine up to $250,000 on the transportation charge, and up to 30 years and a fine up to $250,000 on the traveling charge. The FBI investigated. Assistant U.S. Attorney Jason Hart is prosecuting.
**
Five men in Kansas are charged in a superseding indictment with trafficking methamphetamine.
The defendants include:
Alvaro Dieguez Jr., 29, Wichita, Kan., possession with intent to distribute methamphetamine (count 2).
Keith A. Goodman, 47, Arkansas City, Kan., possession of methamphetamine (count 3).
Felipe D. Luna, 26, Wichita, Kan., possession with intent to distribute methamphetamine (counts 1 and 6), distribution of methamphetamine (count 5), unlawful possession of a firearm by a user of controlled substances (count 7), unlawful possession of a firearm in furtherance of drug trafficking (count 8), using a firearm in furtherance of drug trafficking (count 9).
Jeremy J. Snyder, 38, Dighton, Kan., possession with intent to distribute methamphetamine (count 4).
Obed A. Paz-Moreno, 23, Garden City, Kan., possession with intent to distribute methamphetamine (count 4).
Upon conviction, the crimes carry the following penalties:
Counts 1, 2, 4, 5 and 6: Not less than 10 years in federal prison and a fine up to $10 million.
Count 3: Up to a year in prison and a fine of not less than $1,000.
Count 7: Up to 10 years and a fine up to $250,000.
Counts 8 and 9: Not less than five years and a fine up to $250,000.
The FBI Safe Streets Task Force and the Wichita Police Department investigated. Assistant U.S. Attorney Debra Barnett is prosecuting.
**
Marco A. Claros-Guzman, 36, Wichita, Kan., is charged with one count of possession with intent to distribute cocaine. The crime is alleged to have occurred Dec. 5, 2019, in Sedgwick County, Kan.
If convicted, he could face not less than five years and not more than 40 years in federal prison and a fine up to $5 million.
The Drug Enforcement Administration investigated. Assistant U.S. Attorney Alan Metzger is prosecuting.
**
Vontrel Vaughn, 25, Wichita, Kan., is charged with unlawful possession of a firearm by a felon. The crime is alleged to have occurred Aug. 21, 2019, in Sedgwick County, Kan.
If convicted, he could face up to 10 years in federal prison and a fine up to $250,000. The Bureau of Alcohol, Tobacco, Firearm and Explosives investigated. Assistant U.S. Attorney Alan Metzger is prosecuting.
In all cases, defendants are presumed innocent until and unless proven guilty. The indictments merely contain allegations of criminal conduct.
California Man Sentenced for Smuggling Heroin and Meth to Kansas CityRead the Press Release
KANSAS CITY, KAN. – A California man was sentenced today to 78 months in federal prison for smuggling heroin and methamphetamine to Kansas, U.S. Attorney Stephen McAllister said.
Allan Bryan DeJesus, 40, Bakersfield, Calif., pleaded guilty to one count of possession with intent to distribute heroin. In his plea, he admitted he was on his way to Kansas City on Jan. 5, 2019, when the Kansas Highway Patrol pulled him over on I-70 in Thomas County. In DeJesus’ vehicle, a trooper found two pounds of heroin and 20 pounds of crystal methamphetamine.
McAllister commended the Kansas Highway Patrol, the Drug Enforcement Administration and Assistant U.S. Attorney David Lind for their work on the case.
Former Immigration Officer Sentenced for Impersonating ICE SupervisorRead the Press Release
WICHITA, KAN. – A former federal immigration officer was sentenced today to nine months in prison for impersonating an Immigration and Customs Enforcement supervisor, U.S. Attorney Stephen McAllister said.
Andrew J. Pleviak, 42, Topeka, Kan., pleaded guilty in December to falsely claiming to be an officer of ICE’s Enforcement and Removal Operations. He made the claim to a deputy with the Kingman County Sheriff’s Office. Pleviak also submitted a memo on ICE letterhead requesting the release of a man being held in the custody of the Kingman County Sheriff’s Office. The man in custody was Juan Tapia-Alfaro, an acquaintance of Pleviak. Pleviak was arrested when he arrived at the jail pretending to be an ICE supervisory deportation officer.
McAllister commended the Kingman County Sheriff’s Office, Homeland Security Investigations and Assistant U.S. Attorney David Lind for their work on the case.
Lawrence Developer Sentenced for Violating Asbestos Disposal LawsRead the Press Release
TOPEKA, KAN. – A Lawrence developer was sentenced today to three months imprisonment for disposing of asbestos in violation of the Clean Air Act. In addition, the defendant was ordered to pay a $55,000 fine.
Thomas S. Fritzel, 54, Lawrence, Kan., was convicted on the following counts:
- Failing to notify authorities before removing asbestos (count two).
- Failing to keep asbestos wet during demolition to prevent air contamination (count three).
- Failing to dispose of asbestos in leak-tight containers (count four).
During trial, the government presented evidence that Fritzel violated federal laws for handling asbestos during demolition and renovations at the Alvamar Country Club in Lawrence. The government presented evidence to show that Fritzel knew that the roof of the country club contained 75 percent chrysotile asbestos. The previous owners, who sold the club to Fritzel in January 2016, had decided not to replace the roof because of the cost of abating the asbestos.
On October 19, 2016, the Kansas Department of Health and Environment told Fritzel to get a licensed asbestos contractor to remove asbestos from the site and dispose of it properly. On Oct. 25, 2016, KDHE inspected the site and determined asbestos debris had been removed and hauled to Hamm Landfill in Perry, Kan., which is not approved for asbestos disposal.
“The defendant was responsible for the safe – and legal – removal of material containing asbestos,” said Assistant Director Justin Oesterreich of EPA’s criminal enforcement program in Kansas. “The defendant ignored regulations on the safe management of asbestos, putting workers and the general public at risk.”
First Assistant U.S. Attorney Duston Slinkard commended the Environmental Protection Agency – Criminal Investigation Division and Assistant U.S. Attorney Richard Hathaway for their work on the case.
Former Fredonia City Administrator Sentenced to 7+Years for Child PornographyRead the Press Release
WICHITA, KAN. – A former city administrator of Fredonia was sentenced today to 90 months in federal prison for child pornography, U.S. Attorney Stephen McAllister said.
Michael P. Ohrt, 40, Fredonia, Kan., pleaded guilty to one count of transporting child pornography. In his plea, he admitted using his Yahoo email account to establish a Dropbox storage account and then uploading videos of child pornography. Dropbox identified the material as child pornography and reported the user’s information to authorities. Investigators traced the IP address to Ohrt’s work and home in Fredonia.
McAllister commended Homeland Security Investigations (HSI), the Kansas Internet Crimes Against Children Task Force and Assistant U.S. Attorney Jason Hart for their work on the case.
California Man Sentenced to Prison for Smuggling 18 Pounds of Cocaine to KSRead the Press Release
TOPEKA, KAN. – A California man was sentenced today to 52 months in federal prison for smuggling 18 pounds of cocaine to Kansas, U.S. Attorney Stephen McAllister said.
Jesus Gonzalez-Molina, 30, pleaded guilty to one count of possession with intent to distribute cocaine. In his plea, he admitted he was driving eastbound on I-70 through Shawnee County when he was stopped by the Kansas Highway Patrol. Troopers searched the 2007 Toyota 4Runner he was driving and found a hidden compartment containing the drugs.
McAllister commended Assistant U.S. Attorney Skip Jacobs, the Kansas Highway Patrol and Drug Enforcement Administration for their work on the case.
Western Kansas Registered Sex Offender Sentenced to 24+ YearsRead the Press Release
WICHITA, KAN. – A registered sex offender living in western Kansas was sentenced Thursday to 292 months in federal prison on child pornography charges, U.S. Attorney Stephen McAllister said.
A federal jury convicted Wayne Benjamin Wasson, 60, Great Bend, Kan., on four counts of uploading child pornography to the internet and one count of possessing child pornography.
During trial, a prosecutor presented evidence that Yahoo and Google detected child pornography originating from Wasson’s residence. The digital trail led investigators to Wasson, who admitted he had received child pornography via Skype and had operated a number of other accounts. Investigators found child pornography within the accounts and on Wasson’s devices.
Wasson registered as a sex offender in 2007 following a conviction for possession of child pornography.
McAllister commended the FBI and Assistant U.S. Attorney Jason Hart for their work on the case.
Indictment: Gun Deal in Parking Lot Went Badly for FelonRead the Press Release
KANSAS CITY, KAN. – A Kansas City, Kan., man was indicted Thursday on federal charges of assaulting an undercover officer after she paid him $400 for a handgun, U.S. Attorney Stephen McAllister said.
Nicholas Newman, 19, Kansas City, Kan., was charged with one count of robbery, one count of assaulting a federal officer, one count of brandishing a firearm in a crime of violence and one count of unlawful possession of a firearm by a felon.
An affidavit filed in the case alleges that on Feb. 6, 2020, Newman met the undercover officer in the parking lot of a Sunfresh grocery store at 241 S. 18th Street in Kansas City, Kan. The agent gave Newman $400 and he gave her a .45 caliber Ruger Model P234 pistol. She asked if the gun came with a clip and he said it did. Then Newman reached for the firearm and tried to pull it away from her. During the struggle, the agent shouted for help and a second agent grabbed Newman from behind.
If convicted, Newman could face up to 10 years in federal prison and a fine up to $250,000 on the charge of felon in possession of a firearm, up to 25 years on the robbery count, up to 20 years on the assault count and not less than five years on the charge of brandishing a firearm. The Bureau of Alcohol, Tobacco, Firearms and Explosives investigated. Assistant U.S. Attorney Sheri Catania is prosecuting. This case is being prosecuted under Project Guardian, a Justice Department initiative focused to reducing gun violence.
OTHER INDICTMENTS
Cory Castro, 28, Lawson, Mo., is charged with one count of possession with intent to distribute methamphetamine, one count of unlawful possession of a firearm in furtherance of drug trafficking and one count of unlawful possession of a firearm by a felon. The crimes are alleged to have occurred July 21, 2019, in Johnson County, Kan.
If convicted, he could face not less than five years in federal prison and a fine up to $5 million on the methamphetamine charge, not less than five years and a fine up to $250,000 on the charge of possessing a firearm in furtherance of drug trafficking and up to 10 years and a fine up to $250,000 on the charge of unlawful possession of a firearm by a felon. The Lenexa Police Department and the FBI investigated. Assistant U.S. Attorney Ryan Huschka is prosecuting.
Perfecto Morales-Santiago, 42, who is not a citizen of the United States, is charged with one count of unlawfully re-entering the United States after being deported. He was found Jan. 27, 2020, in Wyandotte County, Kan.
If convicted, he could face up to 10 years in federal prison and a fine up to $250,000. Immigration and Customs Enforcement investigated. Assistant U.S. Attorney Ryan Huschka is prosecuting.
Stephen M. Nelson, 31, Kansas City, Kan., is charged in a superseding indictment with two counts of unlawful possession of a firearm by a felon. The crimes are alleged to have occurred in February and July 2019 in Wyandotte County, Kan.
If convicted, he could face up to 10 years in federal prison and a fine up to $250,000 on each count. The Bureau of Alcohol, Tobacco, Firearms and Explosives investigated. Assistant U.S. Attorney Trent Krug is prosecuting.
Monta Simmons, 31, Leavenworth, Kan., is charged with escaping from federal custody at the Grossman Center on Brewer Place in Leavenworth, Kan. The crime is alleged to have occurred Nov. 20, 2019.
If convicted, he could face up to five years in federal prison and a fine up to $250,000. The U.S. Marshals Service investigated. Assistant U.S. Attorney Scott Rask is prosecuting.
In all cases, defendants are presumed innocent until and unless proven guilty. The indictments merely contain allegations of criminal conduct.
Wichita Bank Robber Did Not Get FarRead the Press Release
WICHITA, KAN. – A Wichita man pleaded guilty today in federal court to robbing a bank, U.S. Attorney Stephen McAllister said.
Timothy B. Riggans, 57, Wichita, Kan., pleaded guilty to committing a robbery July 30, 2018, at Emprise Bank, 257 N. Broadway in Wichita. Riggans approached a teller and demanded money. A security guard apprehended him outside the bank with the stolen money.
Sentencing is set for May 11. He could face a penalty of up to 20 years in federal prison and a fine up to $250,000.
McAllister commended the Wichita Police Department, the FBI and Assistant U.S. Attorney Jason Hart for their work on the case.
Registered Sex Offender Gets 50 Years on Child Pornography ChargesRead the Press Release
WICHITA, KAN. – A registered sex offender who pleaded guilty to committing child sexual exploitation crimes while still on supervised release in a previous case was sentenced today to 50 years in federal prison, U.S. Attorney Stephen McAllister said.
Daniel Eric Merida, 36, El Dorado, Kan., pleaded guilty to one count of producing child pornography, one count of distributing child pornography, one count of transporting child pornography, two counts of possessing child pornography, and one count of sending obscene material to a minor.
In his plea, Merida admitted using the internet to contact a minor beginning in 2012 when she was 12 years old. He used the internet to sexually exploit the victim, sending her obscene material as well as child pornography. During a search in March 2018, he was found in possession of additional child pornography. After his arrest in November 2018, a second search revealed the defendant had used online storage to transport more child pornography, and he was in possession of more child pornography on his phone.
McAllister commended Homeland Security Investigations (HSI), the Wichita Police Department, the Kansas Internet Crimes Against Children Task Force, the Royal Canadian Mounted Police, the Elizabeth Township Police Department and Assistant U.S. Attorney Jason Hart for their work on the case.
U.S. Attorney: Deadly Fentanyl Causing Overdoses in KansasRead the Press Release
WICHITA, KAN. - A new round of drugs laced with deadly fentanyl is causing overdoses in Kansas, U.S. Attorney Stephen McAllister said.
Wichita police have reported multiple overdoses in the past few days. They suspect the problem is caused by victims consuming what look like oxycodone pills. In fact, the pills are laced with fentanyl.
“I want to add my voice to those who are sounding a warning,” McAllister said. “Buying drugs on the street is gambling with your life.”
McAllister said his office has prosecuted multiple cases in Kansas of fentanyl disguised as other drugs, including heroin and oxycodone. Users face a higher risk of overdose because fentanyl is far more powerful and dangerous than the drugs they thought they were buying. He said often dealers themselves do not what is in the drugs they are selling.
“The problem is showing up right now in Wichita,” McAllister said. “The entire state should take notice, though. This is not a problem confined to one city.”
McAllister said fentanyl is being produced in large quantities in Mexico and distributed throughout Kansas and the rest of the nation. In an op-ed Oct. 3, 2019, in the Kansas City Star, McAllister cited a case in which the Kansas Highway Patrol stopped a vehicle in Russell County, Kan., carrying more than 60 pounds of fentanyl, potentially enough to kill millions of people. See https://www.kansascity.com/opinion/readers-opinion/guest-commentary/article235719492.html
Under federal law, distributing controlled substances resulting in the death or serious bodily injury of a user can lead to federal charges with a penalty of not less than 20 years and up to life in prison.
Kansas Farmer Sentenced for Crop Insurance FraudRead the Press Release
WICHITA, KAN. – A Kansas farmer was sentenced today to 30 months for federal crop insurance fraud and bankruptcy fraud, U.S. Attorney Stephen McAllister said. In addition, the defendant was ordered to pay $604,303 in restitution.
Kevin W. Struss, 63, Wakeeney, Kan., pleaded guilty to one count of defrauding the U.S. Department of Agriculture’s crop insurance program, which provides government insurance against unavoidable crop losses. He made false statements in which he under-reported his total 2015 corn crop by approximately 23,524 bushels, and his total sorghum/milo crop by 31,208 bushels.
He also pleaded guilty to one count of bankruptcy fraud. He falsely answered “no” to a question in his bankruptcy filing about whether he had transferred property to anyone else recently. In fact he made two transfers of $150,000 and $320,000 to another person in 2018.
McAllister commended the U.S. Department of Agriculture and Assistant U.S. Attorney Alan Metzger for their work on the case.
Guilty Plea: Soldier at Fort Riley Described How to Make Explosive DevicesRead the Press Release
TOPEKA, KAN. - Jarrett William Smith, 24, Ft. Riley, Kan., pleaded guilty today to unlawfully distributing instructions for making explosive devices over social media while he was a member of the U.S. Army, U.S. Attorney Stephen McAllister said.
Smith pleaded guilty to two counts of distributing information related to explosives, destructive devices and weapons of mass destruction. Smith joined the Army June 12, 2017. He served as an infantry soldier and was trained in combat and tactical operations. He was transferred to Fort Riley in Kansas July 8, 2019.
The FBI received information that Smith gave out guidance to others on how to construct improvised explosive devices. He spoke to others on social media about wanting to travel to Ukraine to fight with a violent, far-right military group.
On September 20, 2019, from Fort Riley Smith sent a person working undercover for the FBI specific instructions for making an explosive device. He also provided a recipe for creating improvised napalm.
Sentencing is set for May 18. Smith could face up to 20 years in federal prison and a fine up to $250,000 on each count. McAllister commended the FBI and Assistant U.S. Attorney Tony Mattivi for their work on the case.
Federal Jury Convicts KCK Man on Drug and Firearms ChargesRead the Press Release
KANSAS CITY, KAN. – A federal jury today convicted a man from Kansas City, Kan., on drug and firearm charges, U.S. Attorney Stephen McAllister said.
Larry D. Johnson, 33, Kansas City, Kan., was convicted on one count of possession with intent to distribute crack cocaine, one count of possession of a firearm in furtherance of drug trafficking and one count of unlawful possession of a firearm by a felon.
The crimes were alleged to have occurred May 15, 2017, in Wyandotte County, Kan.
Sentencing is set for May 7. The defendant could face a penalty of up to 20 years in federal prison and a fine up to $1 million on the drug charge, not less than five years and a fine up to $250,000 on the charge of using a firearm in furtherance of drug trafficking, and up to 10 years and a fine up to $250,000 on the other firearm charge. McAllister commended the Bureau of Alcohol, Tobacco, Firearms and Explosives, Assistant U.S. Attorney Tris Hunt , Special Assistant U.S. Attorney Michelle McFarlane and Assistant U.S. Attorney Leon Patton for their work on the case.
Federal Charges Filed in Newton Armed RobberyRead the Press Release
WICHITA, KAN. – Federal charges were filed today against three Wichita men in connection with an armed robbery at a convenience store in Newton, U.S. Attorney Stephen McAllister said.
Jeremiah Urias, 18, Wichita, Kan.; Rico Montes, 27, Wichita, Kan.; and Jorge Correa, 25, Wichita, Kan. were charged with committing a robbery Feb. 4 at EZ Trip, 100 S. Main in Newton, Kan. A criminal complaint filed in the case alleges two robbers entered the store before 6 a.m. One of the robbers in a red hoodie pointed a handgun at a clerk and demanded money, which the clerk gave him. Then a second robber carrying a military style rifle demanded more money. While waiting for the money, the second robber walked around the store firing shots into the ceiling and into an ATM.
Investigators used surveillance footage to identify a license tag number of the getaway vehicle. After a high speed pursuit, the Kansas Highway Patrol arrested the three defendants. Urias was driving. Montes was wearing a red hoodie and sitting in the front passenger seat. Correa was sitting in the back seat with a rifle.
If convicted, the defendants could face up to 20 years in federal prison and a fine up to $250,000. The FBI, the Kansas Highway Patrol and the Newton Police Department investigated. Assistant U.S. Attorney Alan Metzger is prosecuting.
In all cases, defendants are presumed innocent until and unless proven guilty. The indictments merely contain allegations of criminal conduct.
Wichita Man Sentenced for CarjackingRead the Press Release
WICHITA, KAN. – A Wichita man was sentenced today to 70 months in federal prison on a federal carjacking conviction, U.S. Attorney Stephen McAllister said.
Zachary Ausdemore, 30, Wichita, Kan., pleaded guilty to one count of carjacking. In his plea, he admitted that on Sept. 10, 2019, he confronted an elderly couple and threatened to kill them unless they gave him the keys to their car.
The incident began earlier that day when Wichita police responded to a report of a stolen Jeep. Ausdemore was a passenger in the stolen jeep with two other people. When police tried to stop the Jeep, the driver accelerated toward an officer. An officer fired at the car, wounding Ausdemore and the driver. When the car stopped, Ausdemore fled on foot. He ran to the house of the elderly couple, who were outside watching the chase, and took the keys to their Honda CRV. Police pursued Ausdemore until he ran the car into a muddy ditch.
McAllister commended the FBI, the Wichita Police Department and Assistant U.S. Attorney Mona Furst for their work on the case.
Wichita Man Pleads Guilty to Two Armed RobberiesRead the Press Release
WICHITA, KAN. – A Wichita man pleaded guilty today to two armed robberies at local hotels, U.S. Attorney Stephen McAllister said.
Darrell E. Black, 26, Wichita, Kan., pleaded guilty to two counts of commercial robbery. In his plea, he admitted that on May 27, 2017, he robbed the Extended Stay America at 9450 E. Corporate Hills, and on May 29, 2017, he robbed the Days Inn and Suites at 7321 E. Kellogg, both in Wichita.
In both robberies, he held a clerk at gunpoint while demanding money from the hotel cash drawer.
Sentencing is set for May 1. Black could face a sentence of up to 20 years in federal prison and a fine up to $250,000 on each count.
McAllister commended the Wichita Police Department, the Bureau of Alcohol, Tobacco, Firearms and Explosives and Assistant U.S. Attorney Lanny Welch for their work on the case.
Harcros Chemicals Pleads Guilty to Violating Clean Air ActRead the Press Release
TOPEKA, KAN. – Harcros Chemicals, Inc., of Kansas City, Kan., pleaded guilty today to violating a federal clean air law in connection with a toxic chlorine gas cloud that formed over Atchison, Kan., in 2016, U.S. Attorney Stephen McAllister said.
According to the company’s plea agreement, Harcros is expected to pay a $1 million fine. The co-defendant in the case, MGP Ingredients, Inc., of Atchison pleaded guilty in November in the same case. That company also is expected to pay a $1 million fine.
Harcros pleaded guilty to negligently violating the federal Clean Air Act. In its plea, the company admitted that on Oct. 21, 2016, a greenish-yellow chlorine gas cloud formed when 4,000 gallons of sulfuric acid were mistakenly combined with 5,800 gallons of sodium hypochlorite. The Atchison County Department of Emergency Management ordered community members to shelter in place and to evacuate in some areas. Approximately 140 individuals including members of the public, first responders, employees of MGP Ingredients and Harcros Chemicals sought medical attention.
“The chemicals involved in this case posed serious public health and environmental dangers,” said Assistant Director Justin Oesterreich of EPA’s Criminal Investigation Division in Kansas. “EPA and its law enforcement partners are committed to holding responsible parties accountable for actions that put an entire community at risk.”
Harcros is set for sentencing May 27.
McAllister commended the Environmental Protection Agency and Assistant U.S. Attorney Rich Hathaway for their work on the case.
Victims can get more information on US v. Midwest Grain Products, Inc., by visiting https://www.justice.gov/usao-ks/victim-witness and filling out a victim questionnaire, leaving a message on a designated phone line at 913-551-6543 or emailing questions to usaks.victim.witness@usdoj.gov
Reno County to Receive up to $750,000 for Response to Opioid EpidemicRead the Press Release
WASHINGTON– Twenty-one rural American communities that have borne the brunt of the opioid epidemic will receive $14.8 million in funding to develop tailored and innovative responses to gaps in prevention, treatment and/or recovery services for individuals involved in the criminal justice system.
The Rural Responses to the Opioid Epidemic Initiative is co-funded by the Bureau of Justice Assistance (BJA), the Centers for Disease Control and Prevention (CDC) and the State Justice Institute (SJI).
The new initiative will integrate public safety and public health approaches and blend interagency expertise and funding to address the epidemic. It will enable rural areas to implement evidence-based solutions and promising practices in a way that utilizes the unique assets of their communities. Its goal is to reduce opioid overdose deaths in high-risk rural communities, and to support and promote a shared understanding of the patterns and characteristics of local opioid use.
“While no corner of the country has gone untouched by the opioid epidemic, rural America has been hit particularly hard. A challenge of this magnitude requires a response in kind, one that marshals resources, data and innovative approaches in the service of the most effective local responses. The Rural Responses Initiative enables these 21 rural communities to take control of their individual battles against opioid use disorder,” said Principal Deputy Assistant Attorney General Katharine T. Sullivan.
Each site will receive up to $750,000 to establish or enhance public safety, public health and behavioral health collaborations. Sites may also leverage funding to expand peer recovery and recovery support services.
The 21 sites, selected as a result of a competitive, nationwide grant process, represent several regions of the country:
- Arkansas Rural Health Partnership (AR)
- County of Rio Arriba (NM)
- Ellenville Regional Hospital (NY)
- Franklin County Sheriff's Department (MA)
- Grays Harbor Public Health & Social Services (WA)
- Marcum and Wallace Hospital (KY)
- Marshall University Research Corporation (WV)
- Memorial Regional Health (CO)
- Mohave Substance Treatment Education & Prevention Partnership (AZ)
- Northern Kentucky University (KY)
- Northumberland County (PA)
- Porter-Starke Services Inc. (IN)
- Portsmouth City Health Department (OH)
- Prisma Health–Upstate (SC)
- Project Lazarus (NC)
- Reno County Health Department (KS)
- SMA Healthcare, Inc. (FL)
- Mary's Regional Health Center (MN)
- Upper Cumberland Human Resources Agency (TN)
- WestCare Tennessee, Inc. (TN)
- Whitley County Health Department (KY)
The Rural Responses Initiative is the latest demonstration project supported by BJA’s Comprehensive Opioid Abuse Program (COAP), which supports effective local, state and tribal responses to the opioid epidemic.
BJA’s other demonstration projects, which may be found at https://www.coapresources.org/Program/DemoProjects, are:
- ODMAP Statewide Expansion and Response Initiative
- Partnerships to Support Data-driven Responses to Emerging Drug Threats Initiative
- Planning Initiative to Build Bridges Between Jail and Community-Based Treatment for Opioid Use Disorder
BJA, a component of the U.S. Department of Justice’s Office of Justice Programs, helps to make American communities safer by strengthening the nation's criminal justice system. Its grants, training and technical assistance, and policy development services provide state, local and tribal governments with the cutting edge tools and best practices they need to reduce violent and drug-related crime, support law enforcement and combat victimization.
The Centers for Disease Control and Prevention is the leading national public health institute in the United States, and part of the U.S. Department of Health and Human Services.
The State Justice Institute, a non-profit corporation, was established by federal law in 1984 to award grants to improve the quality of justice in state courts and foster innovative, efficient solutions to common issues faced by all courts.
Plea Agreement: Lenexa Company Lost More than $685,000 to FraudRead the Press Release
KANSAS CITY, KAN. – A North Carolina man pleaded guilty today to a fraud in which a Lenexa company he worked for spent more than $685,000 to buy electrical and wire cable that the man sold to another company and pocketed the money, U.S. Attorney Stephen McAllister said.
Coe Downing, 48, Charlotte, N.C., pleaded guilty to one count of mail fraud. In his plea, he admitted the crime took place while he worked as a project manager for Lenexa-based Wachter, Inc. Downing placed orders for electrical and wire cable from Anixter, Inc., one of Wachter’s suppliers. Wachter paid for the materials by sending a check to Anixter in Texas. Meanwhile, Downing sold the cable to another company, Cabling Systems Supply, Inc. (CSSI) and kept the money.
In the plea agreement, Downing agreed to pay restitution of $25,000 to Wachter, Inc., and $660,323 to Wachter’s insurer, Federal Insurance Company.
Sentencing is set for April 21. He could face a penalty of up to 20 years in federal prison and a fine up to $250,000. The U.S. Postal Inspection Service – Office of Inspector General, investigated. Assistant U.S. Attorney Chris Oakley is prosecuting.
Grand Jury Returns Indictments in Project Guardian Gun CasesRead the Press Release
WICHITA, KAN. – A grand jury in Wichita returned two indictments today charging federal gun crimes under the Justice Department’s new initiative called Project Guardian, U.S. Attorney Stephen McAllister said.
“We are working closely with our law enforcement partners to investigate and prosecute gun crimes as part of Project Guardian,” U.S. Attorney Stephen McAllister said.
Project Guardian calls for strict enforcement of federal firearms laws, as well as improved information sharing on denials of firearms transfers in an effort to disrupt potential mass shootings. Project Guardian also emphasizes the use of modern intelligence tools and technology such as the National Integrated Ballistic Information Network (NIBIN) to investigate and prevent gun crime.
More information about Project Guardian is available at https://www.justice.gov/ag/about-project-guardian
Today’s firearms indictments include the following:
Rigoberto Ferrel Jr., 27, Garden City, Kan., is charged with one count of unlawful possession of a firearm by a felon and one count of possession with intent to distribute methamphetamine. The crimes are alleged to have occurred Aug. 20, 2019, in Finney County, Kan.
If convicted, he could face up to 10 years in federal prison and a fine up to $250,000 and not less than five years and a fine up to $5 million on the drug charge. The Bureau of Alcohol, Tobacco, Firearms and Explosives investigated. Assistant U.S. Attorney Matt Treaster is prosecuting.
Vario Jesus Portillo-Salinas, 26, Liberal, Kan., is charged with two counts of possession with intent to distribute methamphetamine, one count of unlawful possession of a firearm in furtherance of drug trafficking and two counts of unlawful possession of a firearm by a felon. The crimes are alleged to have occurred in July and August 2019 in Seward County, Kan.
If convicted, he could face a penalty of not less than 10 years in federal prison and a fine up to $10 million on each of the drug counts, not less than five years and a fine up to $250,000 on the charge of unlawful possession of a firearm in furtherance of drug trafficking, and up to 10 years and a fine up to $250,000 on each count of unlawful possession of a firearm by a felon. The Bureau of Alcohol, Tobacco, Firearms and Explosives investigated. Assistant U.S. Attorney Matt Treaster is prosecuting.
OTHER INDICTMENTS
Gonzalo Sandoval-Vizcaino, 45, Oxnard, Calif., is charged with one count of possession with intent to distribute fentanyl. The crime is alleged to have occurred Nov. 2, 2019, in Ellis County, Kan.
If convicted, he could face a penalty of not less than 10 years in federal prison and a fine up to $10 million. The Drug Enforcement Administration investigated. Special Assistant U.S. Attorney Katie Andrusak is prosecuting.
Miguel Angel Ramirez, 29, is charged with one count of possession with intent to distribute methamphetamine. The crime is alleged to have occurred Dec. 2, 2019, in Seward County, Kan.
If convicted, he could face a penalty of not less than 10 years in federal prison and a fine up to $10 million. The Drug Enforcement Administration investigated. Assistant U.S. Attorney Lanny Welch is prosecuting.
Kimberly A. Kirchner, 37, Atlanta, Kan., is charged with embezzling funds from the U.S. Postal Service while she was an employee. The crime is alleged to have occurred during a period from Sept. 23, 2019, to Jan. 3, 2020, in Cowley County, Kan.
If convicted, she could face up to 10 years in federal prison and a fine up to $250,000. The U.S. Postal Service – Office of Inspector General investigated. Assistant U.S. Attorney Lanny Welch is prosecuting.
In all cases, defendants are presumed innocent until and unless proven guilty. The indictments merely contain allegations of criminal conduct.
Child Porn Charges Added to Threat Charge Against Salina ManRead the Press Release
WICHITA, KAN. – A Salina man who was charged with posting a threat against the president on social media is now facing child pornography charges, too, U.S. Attorney Stephen McAllister said.
Aaron McDowell, 24, Salina, was charged in a criminal complaint today with one count of presenting and distributing child pornography and one count of possessing child pornography. In the earlier case, McDowell faces one count of making a threat against the president. A criminal complaint filed Jan. 21, 2020, alleges McDowell posted on his Facebook page, “I’m going to kill Trump in the white house tomorrow at 7 p.m.”
In the new case, an agent’s affidavit alleges that while investigating the threat case investigators found child pornography on McDowell’s cellular phone containing children performing sex acts. A total of 152 files of child pornography were found on the phone.
Further searches found 2,800 child pornography images in McDowell’s account on Mega, a cloud storage and file hosting service. Investigators also found chats in which child pornography was distributed. McDowell is alleged to have sent a link to another user on a messaging application called Chatous that connected to child pornography in online storage.
If convicted, the defendant could face not less than five years and not more than 20 years on the presenting and distributing count and up to 20 years and a fine up to $250,000 on the possession charged. The U.S. Secret Service, the Sedgwick County Sheriff’s Office and the Kansas Internet Crimes Against Children (ICAC) Task Force investigated. Assistant U.S. Attorney Jason Hart is prosecuting.
In all cases, defendants are presumed innocent until and unless proven guilty. The indictments merely contain allegations of criminal conduct.
Woman from Mexico Sentenced After Arrest with 21 Pounds of MethRead the Press Release
WICHITA, KAN. – A woman from Mexico who was stopped in Kansas with 21 pounds of methamphetamine was sentenced today to 85 months in federal prison, U.S. Attorney Stephen McAllister said.
Maria Alonso-Espinoza, 30, pleaded guilty to one count of possession with intent to distribute methamphetamine. The Kansas Highway Patrol stopped her car on Feb. 26, 2019, on Interstate 70 near Russell, Kan. Her brother was driving and she was riding as a passenger. She was the registered owner of the car.
Troopers found 21 pounds of methamphetamine hidden in the driver’s side rear quarter panel. Investigators learned Alonso-Espinoza was taking the methamphetamine from Colorado to Wichita for distribution.
McAllister commended the Kansas Highway Patrol, the Wichita Police Department and Assistant U.S. Attorney Mona Furst for their work on the case.
Guilty Plea: Male Enhancement Pills Were Not “All Natural” SupplementsRead the Press Release
KANSAS CITY, KAN. – A Kansas man pleaded guilty today to importing and selling misbranded pharmaceutical-grade erectile dysfunction drugs from China and marketing them as herbal remedies for men, U.S. Attorney Stephen McAllister said.
Rick Shepard, 60, Overland Park, pleaded guilty to one count of conspiracy to import misbranded drugs. In his plea, he admitted he was doing business as Epic Products when he sold a product called Euphoric to adult novelty stores in multiple states. He marketed Euphoric as “all natural herbal supplements for male enhancement.” In fact, the product contained prescription drugs Tadalafil and Sildenafil, the active ingredients in Viagra and Cialis. Shepard purchased the drugs from a supplier in China. He repackaged the capsules, applied his own labels and distributed them to stores in Kansas, Missouri and Colorado.
Sentencing is set for April 20. He could face a sentence of up to five years in federal prison and a fine up to $250,000. The Food and Drug Administration investigated. Assistant U.S. Attorney Jabari Wamble is prosecuting.
Former Cruise Line Call Center Rep Pleads Guilty to Threatening CustomerRead the Press Release
WICHITA, KAN. – A former cruise line service representative pleaded guilty today to threatening a customer over the phone, U.S. Attorney Stephen McAllister said.
Allison C. Dixon, 32, Wichita, Kan. pleaded guilty to one count of transmitting a threatening communication. Dixon worked for Celebrity Cruise Line as a customer service representative in a call center in Wichita. In April 2018, she took a call from a Celebrity customer in Illinois who became dissatisfied with her service and hung up on her. About three minutes later, Dixon called the customer back. Dixon told the customer she knew where the customer lived and she intended to come to Illinois and kill the customer and the customer’s family.
Sentencing is set for April 10. She could face a sentence of up to five years in federal prison and a fine up to $250,000. McAllister commended the FBI and Assistant U.S. Attorney Lanny Welch for their work on the case.
Justice Department Settles Sexual Harassment Lawsuit Against Owners and Manager of Wichita Rental PropertiersRead the Press Release
WASHINGTON – The Department of Justice announced today that Thong Cao and his wife, Mai Cao, will be obligated to pay $160,000 in damages and civil penalties to resolve a Fair Housing Act lawsuit alleging that Thong Cao sexually harassed numerous female tenants since at least 2009 at residential properties he owned or operated in Wichita, Kansas. Mai Cao is named as a defendant in this lawsuit because she owned or co-owned certain rental properties at which harassment took place.
Under the consent order in United States of America v. Thong Cao, et al., which was entered today by the U.S. District Court for the District of Kansas, defendants are required to pay a total of $160,000, which includes $155,000 in monetary damages to eleven former tenants who were harmed as a result of the sexual harassment, and a $5,000 civil penalty. The consent order also bars the defendants from participating in the rental or management of residential properties in the future.
“Sexual harassment of women in their homes is indecent, destructive, and illegal,” said Assistant Attorney General Eric Dreiband for the Civil Rights Division. “The Fair Housing Act protects the right of women and their families to live in peace and security and without the fear that deviant people will intimidate and bully them for sexual favors. This department will continue tirelessly to pursue landlords and others who abuse their authority by preying upon vulnerable women.”
“Access to fair housing is every person’s right,” said U.S. Attorney Stephen R. McAllister for the District of Kansas. “Landlords, property managers and their employees are legally prohibited from making sexual favors a condition of obtaining or maintaining a place to live.”
The department’s lawsuit, filed in 2017, arose from two complaints that former tenants filed with the U.S. Department of Housing and Urban Development (HUD). The lawsuit alleged that Thong Cao sexually harassed multiple female residents at the rental properties from at least 2009 to 2014. According to the complaint, Thong Cao engaged in harassment that included, among other things, making unwelcome sexual advances and comments, engaging in unwanted sexual touching, and terminating the tenancies of women who refused to engage in sexual conduct with him.
In October 2017, the Justice Department launched a new initiative to combat sexual harassment in housing. In April 2018, the Department of Justice announced the nationwide rollout, including three major components: an outreach toolkit to leverage the department’s nationwide network of U.S. Attorney’s Offices, a public awareness campaign, including the launch of a national Public Service Announcement, and a new joint Task Force with HUD to combat sexual harassment in housing.
Since launching the initiative, the Department of Justice has filed 13 new lawsuits alleging a pattern or practice of sexual harassment in housing. The Justice Department has filed or settled 18 sexual harassment cases since January 2017, and has recovered over $2.7 million for victims of sexual harassment in housing.
The Justice Department’s Civil Rights Division enforces the Fair Housing Act, which prohibits discrimination in housing. More information about the Civil Rights Division and the laws it enforces is available at http://www.justice.gov/crt. Individuals who believe that they may have been victims of sexual harassment or other types of housing discrimination can call the Housing Discrimination Tip Line at 1-800-896-7743, e-mail the Justice Department at fairhousing@usdoj.gov, or contact HUD at 1-800-669-9777 or through its website at https://www.hud.gov/program_offices/fair_housing_equal_opp/online-complaint.
The year 2020 marks the 150th anniversary of the Department of Justice. Learn more about the history of our agency at www.Justice.gov/Celebrating150Years.