District of Kansas

KANSAS CITY, KAN. – We all owe a debt of gratitude to three Kansas law enforcement officers who sacrificed their lives for the safety and protection of others, U.S. Attorney Stephen McAllister said in recognition of National Police Week, May 12 to May 18.

The names of Sedgwick County Sheriff’s Deputy Robert Kunze and Wyandotte County Sheriff’s Deputies Theresa King and Patrick Rohrer will be added to the National Law Enforcement Officers Memorial in Washington, D.C., during a ceremony May 13.

“We must never forget these brave officers,” McAllister said. “We will strive to be worthy of the sacrifices they made for us and to carry on their dedication to law enforcement. I invite the public to join our office in showing support for their families and their fellow officers.”

King and Rohrer were shot to death June 15, 2018, in Kansas City, Kan., while transporting prisoners between jail and court. Kunze was shot to death Sept. 16, 2018, during an arrest in western Sedgwick County.

According to the FBI, 55 law enforcement officers died in 2018 from injuries received during felonious incidents

Victim officer profile:

• Average age: 37 years old.
• Average length of service: 10 years.
• Gender: 52 male, 3 female.

For more information, see of the FBI report Law Enforcement Officers Killed and Assaulted, 2018 at https://ucr.fbi.gov/leoka/2018/

 

WICHITA, KAN. – A Sumner County man pleaded guilty today to trying to get out of a traffic ticket by pretending to be an FBI agent, U.S. Attorney Stephen McAllister said.

Jarrod M. Andra, 36, Milan, Kan., pleaded guilty to one count of impersonating an agent. In his plea, he admitted that on Nov. 30, 2018, he was stopped for speeding in Sumner County by a Sumner County Sheriff’s Deputy. Andra claimed he was a special agent for the FBI and presented what appeared to be an FBI identification card with his photo.  

Sentencing is set for July 31. Both parties are expected to recommend a sentence of probation and a $1,000 fine. McAllister commended the FBI, the Sumner County Sheriff’s Department and Assistant U.S. Attorney Lanny Welch for their work on the case.

KANSAS CITY, KAN. – A Guatemalan man was indicted here Wednesday on charges of unlawfully returning to the United States less than four months after he was deported. U.S. Attorney Stephen McAllister said.

Andres Marcelo De Leon-Perez, 25, is charged with one count of unlawfully re-entering the United States.

Documents filed in federal court in Kansas City, Kan., allege that on Dec. 27, 2018, Leon-Perez was deported and flown home to Guatemala. Less than four months later, April 11, 2019, he was found in Wyandotte County, Kan.

It was not the first time he was alleged to have returned unlawfully. On Nov. 4, 2017, the defendant was apprehended by the U.S. Border Patrol near Valentine, Texas. On Jan. 22, 2018, he was deported and flown home to Guatemala.

In his most recent arrest, De Leon-Perez was one of 10 persons detained after the Kansas Highway Patrol stopped their vehicle in Paola, Kan.

If convicted, he faces a penalty of up to two years in federal prison and a fine up to $250,000. Homeland Security Investigations investigated. Assistant U.S. Attorney Trent Krug is prosecuting.

 

OTHER INDICTMENTS

 

Jordy Ulises Cody-Lemus, 20, a citizen of Guatemala, is charged with unlawfully re-entering the United States after being deported. He was found April 11, 2019, in Wyandotte County, Kan.

If convicted, he faces a penalty of up to two years in federal prison and a fine up to $250,000. Homeland Security Investigations investigated. Assistant U.S. Attorney Trent Krug is prosecuting.

 

In all cases, defendants are presumed innocent until and unless proven guilty. The indictments merely contain allegations of criminal conduct.

 

WICHITA, KAN. – A Wichita man was sentenced Tuesday to serve 24 months of federal probation on federal gambling and tax charges, U.S. Attorney Stephen McAllister said. In addition, the defendant agreed to pay more than $117,000 in restitution.

Daven Flax, 48, Wichita, Kan., pleaded guilty to two counts of illegal gambling and one count of making a false tax statement. In his plea, Flax admitted he operated an illegal gambling business in Wichita. He conducted and managed illegal poker games at numerous locations in the city. His income came from taking a cut or “rake” from the amount of money wagered. He was responsible for paying employees including dealers, waitresses and caterers as well as paying for the use of commercial properties where poker games were held. The games were not open to the public. Only gamblers who were invited could play.

In addition, Flax worked as a sub-bookie for co-defendant Danny Chapman’s sports betting operation.

Flax failed to pay federal income taxes on approximately $346,000 in income from illegal gambling.

McAllister commended the FBI, the Internal Revenue Service, the Wichita Police Department, Assistant U.S. Attorney Aaron Smith and Assistant U.S. Attorney Mona Furst for their work on the case.

 

WICHITA, KAN. – A Salina man unlawfully received controlled prescription drugs from his wife, who was a pharmacist, U.S. Attorney Stephen McAllister said.

Dalton R. Hartley, 29, Salina, Kan., pleaded guilty Tuesday to one count of acquiring controlled substances through fraud. Hartley is married to co-defendant Kirsty C. Hartley, who worked at a CVS Pharmacy in Salina. In his plea, Dalton Hartley admitted he fraudulently received 450 tablets of hydrocodone with acetaminophen and 360 tablets of alprazolam from his wife. He would consume the medication himself or trade tablets to other people for marijuana.

Hartley admitted he knew his wife was altering legitimate prescriptions in order to divert the medications to him.

Co-defendant Kirsty Hartley pleaded guilty last month to one count of distributing and dispensing controlled substances without a legitimate medical reason. She admitted unlawfully dispensing more than 21,000 tablets of hydrocodone with acetaminophen.

Both parties have agreed to recommend the Hartleys be sentenced to 18 months of house arrest with 200 hours of community service. Kirsty Hartley has surrendered her pharmacist license.

McAllister commended the Salina Police Department, the Drug Enforcement Administration and Assistant U.S. Attorney Mona Furst for their work on the case.

KANSAS CITY, KAN. – A California trucker working for a Kansas freight brokerage pleaded guilty Monday to stealing a load of meat valued at more than $160,000, U.S. Attorney Stephen McAllister said.

Gegham Avetisyan, 37, Valley Village, Calif., pleaded guilty to one count of wire fraud. Avetisyan contracted with a trucking freight brokerage business in Olathe to deliver a load of meat to three locations in California. He faxed documents to the company in which he used the name Robert Ivanov. He picked up the meat at a packing plant in Omaha, but never delivered it.

Sentencing is set for Aug. 12. He faces a sentence of up to 20 years in federal prison and a fine up to $250,000. McAllister commended the FBI and Assistant U.S. Attorney Chris Oakley for their work on the case.

KANSAS CITY – A Jefferson County man was sentenced Thursday to three years on probation, with eight months of home detention, for failing to pay over payroll taxes to the Internal Revenue Service for a medical staffing company he owned, U.S. Attorney Stephen McAllister said. In addition, the defendant will have to pay more than $68,000 in restitution and a $3,000 fine.

David Monhollon, 62, Ozawkie, Kan., pleaded guilty to one count of failing to pay payroll taxes owed by First Call Medical Group, LLC. The company provided medical staffing services to health care providers. In his plea, Monhollon admitted he failed to pay a total of $68,261 for seven quarters of the company’s payroll taxes. He admitted he knew the taxes were due but chose to spend First Call’s money elsewhere.

McAllister commended IRS–Criminal Investigation, Department of Justice Tax Division Trial Attorney John Mulcahy, and Assistant U.S. Attorney Leon Patton for their work on the case.

A former tax return preparer in Shawnee, Kansas, was sentenced to 24 months in prison yesterday for preparing a false tax return and making a false bankruptcy declaration, announced Principal Deputy Assistant Attorney General Richard E. Zuckerman of the Justice Department’s Tax Division and U.S. Attorney Stephen R. McAllister of the District of Kansas.

According to documents filed with the court, Geoffrey Rotich owned and operated Inventax, a tax preparation business in Shawnee, Kansas. For tax years 2010 through 2012, Rotich filed at least 40 fraudulent individual income tax returns in an effort to increase the claimed refunds for himself or his clients. Rotich also knowingly filed a fraudulent bankruptcy petition, which failed to disclose his interest in Inventax and to fully identify all of his bank accounts. 

In addition to the term of imprisonment, U.S. District Court Judge Daniel D. Crabtree ordered Rotich to serve two years of supervised release and to pay restitution in the amount of $86,523 to the Internal Revenue Service (IRS).

Principal Deputy Assistant Attorney General Zuckerman and U.S. Attorney McAllister commended special agents of IRS-Criminal Investigation and Homeland Security Investigations, who conducted the investigation, and Trial Attorney Timothy M. Russo of the Tax Division and Assistant U.S. Attorney D. Christopher Oakley of the District of Kansas, who prosecuted this case, and the U.S. Trustee’s Office in Wichita, Kansas for their substantial assistance.

Additional information about the Tax Division and its enforcement efforts may be found on the Division’s website.

WICHITA, KAN. – Danny Chapman, 68, Wichita, Kan., was sentenced today to two years on supervised probation for operating a gambling business and failing to pay income taxes on the proceeds, U.S. Attorney Stephen McAllister said. In addition, Chapman agreed to forfeit more than $1.6 million in cash, as well as cars, jewelry and other items.

Chapman pleaded guilty to one count of operating an illegal gambling business and one count of tax evasion.

In his plea, Chapman admitted he worked as a sports bookmaker in the Wichita area and had at least five people working for him. Chapman and his subordinates took bets on sporting events from clients in their “book” of bettors and collected from clients who lost their bets. They arranged for clients to place bets through online gambling web sites that were created and hosted in Costa Rica. Chapman and subordinates kept a portion of the money they collected. The operation grossed as much as $2,000 in a single day.

Chapman admitted he failed to pay almost $345,000 in federal income taxes on his earnings from illegal gambling.

McAllister commended the FBI, IRS Criminal Investigation, Assistant U.S. Attorney Aaron Smith and Assistant U.S. Attorney Mona Furst for their work on the case.

WICHITA, KAN. – A California woman was indicted Tuesday on a federal charge of smuggling more than 60 pounds of methamphetamine into Kansas, U.S. Attorney Stephen McAllister said.

Maria Alvarez-Buenrostro, 46, Los Angeles, Calif., is charged with one count of possession with intent to distribute methamphetamine.

The Kansas Highway Patrol stopped Alvarez-Buenrostro for a traffic violation on I-70 near Hays in Ellis County. Troopers found 33 heat-sealed bags of meth hidden in a rear quarter panel and both rear doors of her Ford Explorer.

If convicted, she faces a penalty of not less than 10 years in federal prison and a fine up to $4 million. The Kansas Highway Patrol and the Drug Enforcement Administration investigated. Assistant U.S. Attorney Mona Furst is prosecuting.        

OTHER INDICTMENTS

 

Jassiel Varela-Aniles, 29, Liberal, Kan., is charged with one count of unlawful possession of a firearm by following a felony conviction and one count of unlawfully re-entering the United States after being convicted of an aggravated felony and deported. He was found January 15, 2019, in Seward County, Kan, after being a fugitive on the run.

If convicted, he faces up to 10 years in federal prison and a fine up to $250,000 on the first two counts and up to 20 years in federal prison and a fine up to $250,000 on the last count. The Bureau of Alcohol, Tobacco, Firearms and Explosives investigated. Assistant U.S. Attorney Ryan McCarty is prosecuting.

Marco Antonio Cardenas-Rodriguez, 41, a citizen of Mexico, is charged with one count of unlawfully re-entering the United States after being deported. He was found July 27, 2018, in Sedgwick County, Kan.

If convicted, he faces up to 10 years in federal prison and a fine up to $250,000. Immigration and Customs Enforcement investigated. Assistant U.S. Attorney Jason Hart is prosecuting.

 

Sherri Byerly, 58, Great Bend, Kan., is charged with one count of fraudulently receiving Supplemental Security Income. The crime is alleged to have occurred from 2003 to 2016 in Barton County, Kan.

If convicted, she faces up to five years in federal prison and a fine up to $250,000. The Social Security Administration – OIG investigated. Assistant U.S. Attorney Jason Hart is prosecuting.

John O. Green, 52, Wichita, Kan., is charged with one count of threatening a Social Security Administration employee. The crime is alleged to have occurred June 25, 2018, in Wichita, Kan.

If convicted, he faces up to a year in federal prison and a fine up to $3,000. The Department of Homeland Security’s Federal Protective Service investigated. Assistant U.S. Attorney Matt Treaster is prosecuting.

David A. Logan, 50, Fort Scott, Kan., a contract driver for the U.S. Postal Service, is charged with stealing mail. The crimes are alleged to have occurred in 2017 and 2018 in Chanute, Kan.

If convicted, he faces up to five years in federal prison and a fine up to $250,000. The U.S. Postal Service – OIG investigated. Assistant U.S. Attorney Alan Metzger is prosecuting.

David L. Madden, 37, Alden, Kan., is charged with one count of unlawful possession of a machine gun. The crime is alleged to have occurred Feb. 22, 2017, in Rice County, Kan.

If convicted, he faces up to 10 years in federal prison and a fine up to $250,000. The Bureau of Alcohol, Tobacco, Firearms and Explosives investigated. Assistant U.S. Attorney Alan Metzger is prosecuting.

William Bedell, 57, Wichita, Kan., is charged with fraudulently receiving Social Security benefits. The crime is alleged to have occurred during 2014 through 2017 in Sedgwick County, Kan.

If convicted, he faces up to 10 years in federal prison and a fine up to $250,000. The Social Security Administration – OIG investigated. Assistant U.S. Attorney Aaron Smith is prosecuting.

Jose Luis Rios-Hernandez, 24, of Guadalajara, Jalisco, Mexico, is charged with one count of possession with intent to distribute heroin. The crime is alleged to have occurred Feb. 27, 2019, in Thomas County, Kan.

If convicted, he faces a penalty of not less than five years and a fine up to $5 million. The Drug Enforcement Administration investigated. Assistant U.S. Attorney Mona Furst is prosecuting.

Uriel Ramirez-Chairez, 34, a citizen of Mexico who has been living in Wichita, is charged with one count of misusing a Social Security number, one count of aggravated identity theft, and one count of unlawfully re-entering the United States after being deported. He was found Nov. 13, 2018, in Sedgwick County, Kan.

Upon conviction, the crimes carry the following penalties:

          Misuse of a Social Security number: Up to five years and a fine up to $250,000.

          Aggravated identity theft: A mandatory two years (consecutive) and a fine up to $250,000.

          Aggravated illegal re-entry: Up to 20 years and a fine up to $250,000.

 

Immigration and Customs Enforcement investigated. Assistant U.S. Attorney Aaron Smith is prosecuting.

Pablo Constantino-Zavala, 49, a citizen of Mexico, is charged with unlawfully re-entering the United States after being deported. He was found Dec. 24, 2014, in Sedgwick County, Kan.

If convicted, he faces up to two years and a fine up to $250,000. Homeland Security Investigations investigated. Assistant U.S. Attorney Aaron Smith is prosecuting.

Richard Todd Heffelman, 44, is charged with escaping from federal custody at Mirror, Inc. Halfway House in Wichita. The crime is alleged to have occurred Feb. 3, 2019.

If convicted, he faces up to five years in federal prison and a fine up to $250,000. The U.S. Marshals Service investigated. Assistant U.S. Attorney Aaron Smith is prosecuting.

 

In all cases, defendants are presumed innocent until and unless proven guilty. The indictments merely contain allegations of criminal conduct.

KANSAS CITY, KAN. – The former Linn County Attorney pleaded guilty today to federal charges of stealing 350 to 500 items including electronics and equipment that belonged to the county, U.S. Attorney Stephen McAllister said today. The estimated value of the items is $75,000.

John Sutherland, 68, Mound City, who served as county attorney for approximately 20 years before leaving the job in January 2017, is charged with one count of mail fraud and one count of lying to federal investigators. The crimes are alleged to have taken place from sometime prior to January 2009 and continuing until Sutherland left office.

In his plea, Sutherland admitted that on Feb. 6, 2019, FBI agents found 13 items stolen from Linn County when they searched Sutherland’s office at the Wyandotte County District Attorney’s Office. At the time, Sutherland was working as an Assistant District Attorney. One of the items was a stolen Apple laptop computer.

When FBI agents interviewed him, Sutherland denied any wrongdoing and made other false statements. For instance, he claimed that an Apple TV 64 GB video-streaming device the county purchased for about $220 had been destroyed. FBI agents found the device intact at Sutherland’s residence. They also found that Sutherland had given some of the stolen items to his adult children.

In his plea agreement, Sutherland agreed to pay full restitution and to surrender his license to practice law. Sentencing is set for July 18. The mail fraud count carries a penalty of up to 20 years in federal prison and a fine up to $250,000. The false statement count carries a penalty of up to five years and a fine up to $250,000.

McAllister commended the FBI, the Kansas Bureau of Investigation, Assistant U.S. Attorney Tris Hunt and Assistant U.S. Attorney Chris Oakley for their work on the case.

TOPEKA, KAN. – An Ottawa man was sentenced today to 14 years in federal prison for driving to Missouri to meet what he believed was a mother who was willing to sell her 10-year-old daughter for sex, U.S. Attorney Stephen McAllister said. In addition, he was ordered to pay $5,000 to the Justice for Victims of Trafficking Act.

Michael David Mitchell, 64, Ottawa, Kan., pleaded guilty to one count of interstate travel to engage in unlawful sexual conduct. The investigation began when investigators received information that Mitchell was looking for a woman with a minor child to become his sex slaves. Mitchell communicated with an undercover investigator posing as a broker who could find Mitchell what he wanted. In his plea, Mitchell admitted that in June 2017 he drove from Ottawa, Kan., to Independence, Mo., to meet a woman he had been told was willing to make the deal. He brought money with him to pay a $5,000 finder’s fee.

McAllister commended the FBI and Assistant U.S. Attorney Christine Kenney for their work on the case.

KANSAS CITY, KAN. – An inmate at Leavenworth federal prison was sentenced today to 42 months in prison for attacking another prisoner with a metal pipe, U.S. Attorney Stephen McAllister said.

Jimmy A. Eastep, Jr., 49, pleaded guilty to one count of assault with a dangerous weapon. In his plea, he admitted he was working in prison electrical shop when he attacked another inmate. Prison staff found the victim lying on the floor in a pool of blood. The victim suffered a skull fracture and other serious injuries. He was transferred to U.S. Medical Center for Federal Prisoners in Springfield, Mo.

McAllister commended the Federal Bureau of Investigation, USP Leavenworth SIS, Assistant U.S. Attorney Trent Krug and Assistant U.S. Attorney Chris Oakley for their work on the case.

KANSAS CITY, KAN. – A Lawrence man was sentenced today to 151 months in federal prison for distributing child pornography, U.S. Attorney Stephen McAllister said. In addition, he was ordered to pay $20,000 in restitution and a $5,000 assessment to the Justice for Victims of Trafficking Act.

Brian Fuchs, 49, Lawrence, Kan., pleaded guilty to one count of distributing child pornography. In his plea, he admitted investigators found approximately 2,000 images and 200 videos containing child pornography on his computer.

The FBI used an internet peer-to-peer file-sharing program to download child pornography from Fuchs before serving a search warrant at his home.

McAllister commended the FBI and Assistant U.S. Attorney Kim Flannigan for their work on the case.

TOPEKA, KAN. – An Ohio man who was arrested in Kansas on his way to buy marijuana in Colorado was sentenced today to 12 months and a day in federal prison, U.S. Attorney Stephan McAllister said.

Julian Solorza, 37, Cincinnati, Ohio, pleaded guilty to one count of attempted money laundering. In his plea, he admitted the Kansas Highway Patrol pulled him over in Geary County, Kan. Troopers found $46,828 in cash in 41 separately banded bundles in the car. They also found two empty pieces of luggage containing traces of marijuana. Solorza admitted the cash was the proceeds derived from selling marijuana and he was on his way to Colorado to buy more.

McAllister commended the Kansas Highway Patrol, the Drug Enforcement Administration and Assistant U.S. Attorney Skip Jacobs for their work on the case.

 

WICHITA, KAN. – A California man was sentenced to 75 months in federal prison Monday for smuggling more than 23 pounds of methamphetamine to Kansas, U.S. Attorney Stephen McAllister said.

 Juan Beltran, 28, Bell Gardens, Calif., pleaded guilty to one count of possession with intent to distribute methamphetamine. In his plea, he admitted that the Kansas Highway Patrol stopped him on I-70 in Russell County, Kan. Troopers found the drugs in the trunk of his car.

McAllister commended the Kansas Highway Patrol, the Drug Enforcement Administration and Assistant U.S. Attorney Skip Jacobs for their work on the case.

WICHITA, KAN. – A former Wichita police officer pleaded guilty Tuesday to looking the other way for years while co-defendants made a business of operating illegal private poker games, U.S. Attorney Stephen McAllister said.

Michael Zajkowski, 51, pleaded guilty to one count of concealing a felony. In his plea, he admitted he knew about illegal private poker games in Wichita and he did not report it to authorities. On Feb. 12, 2014, one of the co-defendants suspected an undercover Wichita police officer had come to a poker game posing as a gambler. At the co-defendant’s request, Zajkowski attempted to find out whether there was a police investigation and provided information to the co-defendant.

Sentencing is set for Aug. 2. Both parties have agreed to recommend Zajkowski serve a year on federal probation. McAllister commended the FBI, the Wichita Police Department, Assistant U.S. Attorney Mona Furst and Assistant U.S. Attorney Aaron Smith for their work on the case.

WICHITA, KAN. – A Wichita man was sentenced to 25 years in federal prison today for sex trafficking, U.S. Attorney Stephen McAllister said.

Johnell Carter, 23, Wichita, Kan., pleaded guilty to two counts of sex trafficking. In his plea, he admitted he used physical force including punching and biting to make an 18-year-old woman have sex for money at Wichita hotels. He advertised her services online.

In the second count, Carter admitted recruiting a 15-year-old to perform commercial sex acts at Wichita hotels. He advertised her services online.

McAllister commended the FBI, the Wichita Police Department, the Exploited and Missing Child Unit (EMCU) and Assistant U.S. Attorney Jason Hart for their work on the case.

WICHITA, KAN. – A Kansas man pleaded guilty Monday to trying to keep Wichita police from investigating illegal poker games, U.S. Attorney Stephen McAllister said.

Brock Wedman, 50, St. Marys, Kan., pleaded guilty to one count of concealing a felony. In his plea, he admitted he helped organize and recruit players for illegal poker games in Wichita.

On Feb. 12, 2014, Wedman was present at a poker game held at 922 1/2 E. Douglas in Wichita. Wedman did not know it, but a man he invited to play was a Wichita Police Department officer working undercover to investigate organized gambling. When Wedman became suspicious, he found the undercover officer’s car and took down the license plate and VIN numbers. Wedman gave the information to a friend who was a Wichita police officer and asked him to confirm the undercover officer’s identity.

Sentencing is set for Aug. 1. Both parties have agreed to recommend Wedman serve a year on federal probation. McAllister commended the FBI, the Wichita Police Department, Assistant U.S. Attorney Mona Furst and Assistant U.S. Attorney Aaron Smith for their work on the case.

WICHITA, KAN. – A jury today convicted a Larned man on federal charges of arranging for a series of denial of service attacks on a Kansas internet service provider, U.S. Attorney Stephen McAllister said.

The jury convicted Michael D. Golightley, 35, Larned, Kan., on seven counts of damaging a protected computer and one count of threatening to damage a computer connected to the internet.

During trial, prosecutors presented evidence that Golightley contacted an entity called DDosCity to arrange for a series of attacks on Nex-Tech’s computers.

Nex-Tech is an internet service provider with offices in Hays, Lenora, Beloit, Concordia, Courtland, Dodge City, Downs, Great Bend, Hill City, Hoxie, McPherson, Norton, Osborne, Phillipsburg, Plainville, Quinter, Russell, Salina, Smith Center, Stockton and WaKeeney.

Prosecutors presented evidence that on March 30 and 31, 2017, Nex-Tech was hit by six denial of service attacks, which caused Nex-Tech’s computers to become inaccessible to the public.

Before the attacks, Golightley sent Nex-Tech two threats. He was angry about the company removing an ad he placed on Nex-Tech Classifieds for a PlayStation 3 game that been “jail broken,” or modified to bypass a system security check. Golightley placed the ad a second time and sent Nex-Tech a warning that he would “violate this site by bringing it offline” if the ad were removed again. He added: “If u make me upset, I will retaliate -- your choice.”

Sentencing is set for July 1. He faces a penalty of up to five years in federal prison and a fine up to $250,000 on each count. McAllister commended the FBI, the Hays Police Department, Assistant U.S. Attorney Alan Metzger and Assistant U.S. Attorney Ryan McCarty for their work on the case.

KANSAS CITY, KAN. – Two Mexican citizens living in Kansas City, Kan., were indicted today on charges of selling heroin, methamphetamine and guns from their home, U.S. Attorney Stephen McAllister.

Pedro Daniel Torres-Caldera, 36, a citizen of Mexico, and Osmar Barraza-Caldera, 21, a citizen of Mexico, were indicted in an 18-count indictment that included charges of drug trafficking conspiracy; distribution of heroin, methamphetamine and oxycodone; unlawful possession of firearms; and maintaining a premises in furtherance of drug trafficking.

According to court documents, investigators made a series of undercover purchases from the defendants in transactions that took place at the defendants’ residence in Kansas City, Kan. On Feb. 1, 2019, for instance, an undercover officer paid the defendants $2,500 for an Anderson Manufacturing AM-15 rifle with a Spikes Tactical Launcher and a Trijicon ACOG Optic.

On March 13, 2019, investigators served a search warrant at the Locust address. They seized more than three pounds of black tar heroin and firearms.

 

Upon conviction, the crimes carry the following penalties:

          Conspiracy: Not less than 10 years in federal prison and a fine up to $10 million.

          Distribution of heroin: Not more than 20 years and a fine up to $1 million.

          Distribution of more than 5 grams of methamphetamine: Not less than five years and not more than 40 years and a fine up to $5 million.

          Distribution of oxycodone: Up to 20 years and a fine up to $1 million.

          Possession of an unregistered firearm: Up to 10 years and a fine up to $250,000.

          Alien in possession of a firearm: Up to 10 years and a fine up to $250,000.

          Distribution of more than 50 grams of methamphetamine: Not less than 10 years and a fine up to $10 million.

          Unlawful possession of a firearm in furtherance of drug trafficking: Not less than five years and a fine up to $250,000.

          Maintaining premises in furtherance of drug trafficking: Up to 20 years and a fine up to $500,000.

The FBI and the Jackson County Drug Task Force investigated. Assistant U.S. Attorney Trent Krug and Assistant U.S. Attorney David Zabel are prosecuting.

 

OTHER INDICTMENTS

 

Tayler Charles Jones, 25, Kansas City, Kan., is charged with one count of unlawful possession of a firearm following a felony conviction. The crime is alleged to have occurred Feb. 4, 2019, in Wyandotte County, Kan.

If convicted, he faces up to 10 years in federal prison and a fine up to $250,000. The Bureau of Alcohol, Tobacco, Firearms and Explosives investigated. Assistant U.S. Attorney Leon Patton is prosecuting.

Joseph M. Chavez, 33, is charged with escaping from federal custody at the Grossman Residential Reentry Center in Leavenworth, Kan. The crime is alleged to have occurred March 21, 2019.

If convicted, he faces up to five years in federal prison and a fine up to $250,000. The U.S. Marshals Service investigated. Assistant U.S. Attorney Leon Patton is prosecuting.

Lionel Simpson, 21, Kansas City, Kan., is charged with seven counts of distributing crack cocaine, two counts of unlawful possession of a firearm in furtherance of drug trafficking and one count of distributing 28 grams or more of crack cocaine. The crimes are alleged to have occurred in February, March and April 2019 in Wyandotte County, Kan.

Upon conviction, the charges carry the following penalties:

          Distributing crack cocaine (counts 1-5, 7 and 8): Up to 20 years in federal prison and a fine up to $1 million.

          Possession of firearms in furtherance of drug trafficking (counts 6 and 10): Not less than five years consecutive to any other sentence imposed and a fine up to $250,000.

          Distributing 28 grams or more of crack cocaine (count 9): Not less than five years and up to life imprisonment and a fine up to $5 million.      

The Bureau of Alcohol, Tobacco, Firearms and Explosives investigated. Assistant U.S. Attorney Sheri Catani is prosecuting.

 

          Ty Gene Stultz, 43, Shawnee, Kan., is charged with one count of possession with intent to distribute methamphetamine, one count of carrying 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 Oct. 12, 2018, in Wyandotte County, Kan.

Upon conviction, the crimes carry the following penalties:

          Possession with intent to distribute methamphetamine: Not less than 10 years and a fine up to $10 million.

          Carrying a firearm in furtherance of drug trafficking: Not less than five years and a fine up to $250,000.

          Unlawful possession of a firearm following a felony conviction: Not less than 10 years and a fine up to $250,000.

The Bureau of Alcohol, Tobacco, Firearms and Explosives investigated. Assistant U.S. Attorney Kim Flannigan is prosecuting.

In all cases, defendants are presumed innocent until and unless proven guilty. The indictments merely contain allegations of criminal conduct.

 

KANSAS CITY, KAN. – A Kansas woman who founded the Kelsey Smith Foundation after her daughter was murdered will receive an award from the U.S. Department of Justice for her outstanding service to crime victims, U.S. Attorney Stephen McAllister said today.

Missey Smith of Overland Park, Kan., will receive the Ronald Reagan Public Policy Award honoring leadership, vision and innovation to foster changes in public policy and practice that benefit crime victims.

“Missey Smith and others are building a grassroots movement in America to support and protect victims of crime,” said U.S. Attorney Stephen McAllister. “I want to thank them all.”

On June 2, 2007, Smith’s daughter, Kelsey, was abducted from a department store in Overland Park and murdered.

Smith has lobbied for the Kelsey Smith Act, a proposed federal law that would require phone companies to provide cellphone location information to law enforcement officials in an emergency.

Smith is one of 12 people and programs being honored by the Justice Department at the annual National Crime Victims’ Service Awards Ceremony in Washington, D.C., on Friday, April 12.

“Victims of crime deserve justice. This Department works every day to help them recover and to find, prosecute, and convict those who have done them harm,” said Attorney General William P. Barr. “During this National Crime Victims’ Rights Week, we pause to remember the millions of Americans who have been victims of crime and we thank public servants who have served them in especially heroic ways. This week the men and women of the Department recommit ourselves once again to ensuring that crime victims continue to have a voice in our legal system, to securing justice for them, and to preventing other Americans from suffering what they have endured.”

 

WICHITA, KAN. – U.S. Attorney Stephen McAllister will take part in events this month to recognize the rights of crime victims.

 “Crime can have a lasting impact on any person,” McAllister said. “Our office supports communities and victim service providers as they work to help victims to face their grief, loss and fear while seeking to find hope and renewal.”

National Crime Victims’ Rights Week, April 7-13, and Take Back the Night events this month focus on victims of crime as well as those who advocate on their behalf, McAllister said.

“Take Back the Night highlights efforts by victim advocates and law enforcement to build a community that is free of the threat of sexual assault and promote an atmosphere of healing for those impacted by it.”

The U.S. Department of Justice will host the Office for Victims of Crime’s annual National Crime Victims’ Service Awards Ceremony in Washington, D.C. on April 12, 2019, to honor outstanding individuals and programs that serve victims of crime.

“Victims of crime deserve justice. This Department works every day to help them recover and to find, prosecute, and convict those who have done them harm,” said Attorney General William P. Barr. “During this National Crime Victims’ Rights Week, we pause to remember the millions of Americans who have been victims of crime and we thank public servants who have served them in especially heroic ways. This week the men and women of the Department recommit ourselves once again to ensuring that crime victims continue to have a voice in our legal system, to securing justice for them, and to preventing other Americans from suffering what they have endured."

WICHITA, KAN. – An Ohio gamer pleaded guilty today to conspiring to set up hoax calls to Wichita police that led to what is believed to be the nation’s first death during a swatting incident, U.S. Attorney Stephen McAllister said.

Casey S. Viner, 19, North College Hill, Ohio, pleaded guilty to one count of conspiracy and one count of obstructing justice. In his plea, Viner admitted he argued with co-defendant Shane Gaskill while playing Call of Duty World War II online. Viner contacted co-defendant Tyler Barriss and asked him to swat Gaskill at 1033 W. McCormick in Wichita. Barriss was sentenced last week to 20 years in federal prison for making the hoax calls to Wichita police.

Police responded to 1033 W. McCormick believing they were dealing with a man who had shot his father and was holding his family at gunpoint. In fact, Gaskill no longer lived at the McCormick address he had given Viner and Barriss. Andrew Finch, who lived at the McCormick address, came outside to face police. As he stepped onto the porch, police told him to put up his hands. When he unexpectedly dropped his hands, he was shot and killed by a police officer.

In his plea, Viner admitted soliciting Barriss to swat Gaskill and providing Barriss with the McCormick address.

Viner admitted that when he learned of Finch’s death he performed a factory reset of his iPhone in an effort to destroy evidence of his communications with Barriss and Gaskill.

Sentencing is set for June 26. Both parties have agreed to recommend a sentence of two years on federal probation, including six months home confinement except for approved travel. A special condition prohibits Viner from taking part in gaming for two years. Viner’s cell phone will be subject to inspection by the U.S. Probation Office.

McAllister commended the FBI, the Wichita Police Department and his co-counsel Assistant U.S. Attorney Debra Barnett for their work on the case.

KANSAS CITY, KAN. – Arraignments were held Monday in federal court in Kansas City, Kan., for some of 14 defendants charged with marijuana trafficking and money laundering, U.S. Attorney Stephen McAllister said.

A federal indictment alleges the defendants smuggled hundreds of pounds of marijuana from California and Colorado to be distributed in Kansas and laundered hundreds of thousands of dollars in drug proceeds.

Charges include drug trafficking conspiracy, money laundering, conspiracy, unlawful use of the U.S. Postal Service and maintaining a residence for the purpose of drug trafficking.

The following defendants are charged in a 25-count indictment:

 

Steven Martinez, 30, Rosamond, Calif.

Nickolas Vander Bruggen, 28, Hesperia, Calif.

George Garcia, 31, Rosamond, Calif.

Alonzo Cooper, 28, Kansas City, Kan.

Reginald Allen, 26, Kansas City, Kan.

Kayla Union, 22, Kansas City, Mo.

Akil Cooper, 26, Lancaster, Calif.

Marcus Joseph, 31, Lancaster, Calif.

Dominique Wilson, 24, Kansas City, Kan.

Mario Zelaya, 27, Los Angeles, Calif.

Trenton Smith, 29, Aurora, Colo.

Anthony Daniels, 58, Sacramento, Calif.

Daya Daniels, 46, Sacramento, Calif.

Barbara Haynes, 39, Littleton, Colo.

Upon conviction, the charges carry the following penalties:

          Conspiracy: Not less than five years and not more than 40 years in federal prison and a fine up to $5 million.

          Conspiracy to distribute marijuana: Up to five years and a fine up to $250,000.

          Unlawful use of the Postal Service: Up to four years and a fine up to $250,000.

          Maintaining drug-involved premises: Up to 20 years and a fine up to $500,000.

          Money laundering: Up to 20 years and a fine up to $500,000.

The Kansas City, Missouri, Police Department, Internal Revenue Service Criminal Investigation Unit, U.S. Postal Inspection Service, Homeland Security Investigations, Federal Bureau of Investigation, U.S. Marshals Service, Dubuque (Iowa) Drug Task Force, Kern County (California) Sheriff’s Office and the La Habra (California) Police Department investigated. Assistant U.S. Attorney Trent Krug is prosecuting.

In all cases, defendants are presumed innocent until and unless proven guilty. The indictments merely contain allegations of criminal conduct.

KANSAS CITY, KAN. – A Phoenix man who moved to Kansas City, Kan., to run a drug house was sentenced today to 21 years in federal prison, U.S. Attorney Stephen McAllister said.

Jose A. Badilla, 35, pleaded guilty to two counts of possession with intent to distribute methamphetamine, two counts of possession with intent to distribute heroin and one count of possession of firearms in furtherance of drug trafficking.

In his plea, Badilla admitted that when investigators served a search warrant at 2812 N. 51st Street in Kansas City they found more than six pounds of heroin and two guns, including a .45 caliber pistol and a Panther Arms model AR-15 rifle.

Investigators learned Badilla moved to Kansas City from Phoenix in August 2017 and rented a house for the purpose of storing and distributing drugs. He was paid $2,000 to $2,500 every other week to keep the drugs at his residence. He said the drugs he stored were shipped from Mexico to Kansas City.

McAllister commended the Kansas Bureau of Investigation and Assistant U.S. Attorney David Zabel for their work on the case.

WICHITA, KAN. – A California man was sentenced Friday to 20 years in federal prison for making a hoax call to Wichita police that resulted in an innocent man who had no connection to the defendant or his co-conspirators being shot and killed by police, U.S. Attorney Stephen McAllister said.

Tyler Barriss, 26, Los Angeles, Calif., pleaded guilty to causing a deadly swatting incident in Wichita on Dec. 28, 2017, as well as dozens of similar crimes in which no one was injured. In those cases, Barriss pleaded guilty to charges filed in federal courts in California and the District of Columbia.

In the Wichita case, Barriss entered guilty pleas to one count of making a false report resulting in a death, one count of cyberstalking and one count of conspiracy. Barriss agreed to accept a sentence of 20-25 years as part of the plea. His counsel argued for the minimum 20, the government for the maximum 25, and the Court imposed a 20-year sentence, believed to be the longest sentence imposed for swatting or hoaxes.

“Swatting is no prank,” McAllister said. “Sending police and emergency responders rushing to anyone’s home based on utterly false information as some kind of joke shows an incredible disregard for the safety of other people.”

“I hope that this prosecution and lengthy sentence sends a strong message that will put an end to the juvenile and reckless practice of ‘swatting’ within the gaming community, as well as in any other context,” McAllister continued. “Swatting is just a terrible idea. I also hope that today’s result helps bring some peace to the Finch family and some closure to the Wichita community,” McAllister said.

In the Kansas case, Barriss admitted making hoax calls that resulted in Wichita police surrounding a house at 1033 W. McCormick. When officers arrived, they believed a man was inside who had killed his own father and was holding family members hostage. The man who came outside to face police, however, had done nothing wrong and did not know about the swatting call. As he stepped onto the porch, police told him to put up his hands. When he unexpectedly dropped his hands, he was shot and killed by a police officer.

DISTRICT OF COLUMBIA

In a case from the District of Columbia, Barriss pleaded guilty to making hoax bomb threats in phone calls to the headquarters of the FBI and the Federal Communications Commission in Washington, D.C.

CENTRAL DISTRICT OF CALIFORNIA

In a case from the Central District of California, Barriss pleaded guilty to 46 counts, including making calls with false reports that bombs were planted at high schools, universities, shopping malls and TV stations. He made the calls from Los Angeles to emergency numbers in Ohio, New Hampshire, Nevada, Massachusetts, Illinois, Utah, Virginia, Texas, Arizona, Missouri, Maine, Pennsylvania, New Mexico, New York, Michigan, Florida and Canada.

WICHITA

Two co-defendants in the Wichita case, Casey Viner, 19, North College Hill, Ohio, and Shane Gaskill, 20, Wichita, Kan., are awaiting trial.

In Barriss’ plea, he admitted he got involved with Viner and Gaskill after the two had a falling out while playing Call of Duty online. As a result, Viner, who was in Ohio, asked Barriss, who was in California, to swat Gaskill, who was in Wichita. Gaskill noticed Barriss was stalking him online. In messages over the internet, Gaskill dared Barriss to carry out the swat. Gaskill fooled Barriss, however, by claiming to live at 1033 W. McCormick. In fact, Gaskill no longer lived there.

McAllister and Assistant U.S. Attorney Debra Barnett prosecuted the Kansas case. McAllister commended the FBI, the Sedgwick County Sheriff’s Office and the Wichita Police Department for their work on the Kansas case. In the Middle District of California, Assistant U.S. Attorney George Emel Pence, IV, prosecuted. In the District of Columbia, Assistant U.S. Attorney Luke Matthew Jones prosecuted.

KANSAS CITY, KAN. – Two Kansas men were charged today with a pair of bank robberies in which shots were fired and robbers wore Black Panther and Venom masks, U.S. Attorney Stephen McAllister said today.

Michael Shiferaw, 20, Olathe, Kan., and Kenya Breakfield, 21, Olathe, Kan., were charged with two counts of bank robbery. They were charged with an Oct. 31, 2018, robbery at Wells Fargo Bank in Leawood, Kan., and a March 27, 2019, robbery at Commerce Bank in Roeland Park, Kan.

Wells Fargo robbery

According to documents filed in federal court in Kansas City, Kan., two robbers entered the Wells Fargo Bank at 2000 West 103rd in Leawood carrying guns and wearing masks that looked like the comic book and movie character Venom. Both robbers were carrying guns and threatened bank employees. Before leaving with cash, one of the robbers fired a round from his handgun into the ceiling.

 

Commerce Bank Robbery

At Commerce Bank, a single robber entered the building wearing a Black Panther mask. During the robbery, he fired a total of four shots while giving orders to bank employees. When he left the bank, he got into a small, black, four-door car.

Investigation

On March 27, agents set up surveillance at a house in the 1700 block of Lindenwood in Olathe where they spotted the defendants. Agents followed the defendants as they drove to Shiferaw’s residence in the 12000 block of Meadow Lane in Olathe. Later that day, Olathe Police responded to a report of a domestic disturbance at the house. The defendants were arrested with a black backpack full of currency and a handgun.

It is alleged that Breakfield took part in the first robbery and drove the getaway car in the second robbery. The defendants purchased the masks at a Spencers gift store.

If convicted, the defendants face up to 25 years in federal prison and a fine up to $250,000 on each count. Investigators included the FBI, Leawood Police Department, the Olathe Police Department, the Kansas City Police Department and the Johnson County Sheriff’s Office. Assistant U.S. Attorney Kim Flannigan is prosecuting.

In all cases, defendants are presumed innocent until and unless proven guilty. The indictments merely contain allegations of criminal conduct.

WICHITA, KAN. – Outstanding women have served with distinction at the U.S. Attorney’s Office, U.S. Attorney Stephen McAllister said today in observance of Women’s History Month.

“In Kansas, we have been honored to serve with a long line of talented and dedicated women,” McAllister said. “They have excelled in their field and paved the way to success for other women.”

Mary Beck Briscoe served as an Assistant U.S. Attorney from 1974 to 1984 in the District of Kansas, and then joined the Kansas Court of Appeals, eventually serving as that court’s Chief Judge. She has served on the U.S. Court of Appeals for the Tenth Circuit since 1995.

Karen Humphreys served as an Assistant U.S. Attorney from 1978 to 1983. She was appointed U.S. Magistrate Judge in 1993, serving until she retired in 2015.

Janice Miller Karlin served as an Assistant U.S. Attorney from 1980 to 2002. She went on to become a U.S. Bankruptcy judge, serving until she retired in 2018.

Julie Robinson served as an Assistant U.S. Attorney from 1983 to 1993. From 1992 to 1994 she served as Senior Litigation Counsel in the U.S. Attorney’s office. In 1994, she was appointed as a bankruptcy judge. In 2001, she became the first African American woman appointed to the U.S. District Court in Kansas, and she currently serves as Chief Judge of that court.

Karen Arnold-Burger served as an Assistant U.S. Attorney from 1989 to 1991, when she was appointed to the Kansas Court of Appeals. She is now Chief Judge of that court.

Nancy Moritz served as an Assistant U.S. Attorney from 1995 to 2004, and then served on the Kansas Court of Appeals and the Kansas Supreme Court. In 2014, she took a seat on the U.S. Court of Appeals for the Tenth Circuit.

Today, women make about half the employees of the U.S. Attorney’s office in Kansas, including 13 attorneys and 37 members of the support team.

TOPEKA, KAN. -  A Morris County man was sentenced Monday to eight years in federal prison for downloading child pornography from the internet, U.S. Attorney Stephen McAllister said. In addition, he was ordered to pay $29,000 in restitution to victims.

Wesley Wagner, 54, White City, Kan., was convicted in October 2018 on one count of receiving child pornography and one count of possessing child pornography.

 During trial, the prosecutor presented evidence that the FBI seized a server belonging to a now-defunct website called Playpen that provided users access to child pornography. The FBI used computer forensics to identify hundreds of the site’s users, including Wagner. Based on that information, the FBI obtained a warrant to search the defendant’s home.

McAllister commended the FBI and Assistant U.S. Attorney Christine Kenney for their work on the case.

WICHITA, KAN. – A California man was indicted Tuesday on a federal charge of smuggling more than 50 pounds of methamphetamine into Kansas, U.S. Attorney Stephen McAllister said.

Jesus Antonio Garcia-Maldonado, 36, Panorama City, Calif., is charged with one count of possession with intent to distribute approximately 23 kilograms of methamphetamine. Garcia-Maldonado was stopped for a traffic violation in Clark County, Kan. Officers found the drugs under the seats and hidden in rear quarter panels of the car. The car was rented in San Diego, Calif.

If convicted, he faces not less than 10 years in federal prison and a fine up to $10 million. The Clark County Sheriff’s Office and the Drug Enforcement Administration investigated. Assistant U.S. Mona Furst is prosecuting.

OTHER INDICTMENTS

 

Edgar Santiago, 31, Fontana, Calif., and Alyssa Kysha Gomez, 29, Adelanto, Calif, is charged with one count of possession with intent to distribute methamphetamine. The crime is alleged to have occurred Jan. 16, 2019, in Geary County, Kan.

If convicted, he faces a penalty of not less than 10 years in federal prison and a fine up to $4 million. The Drug Enforcement Administration investigated. Assistant U.S. Attorney Mona Furst is prosecuting.

Keayon M. Hadley, 41, Independence, Kan., is charged with two counts of unlawful possession of a firearm by a convicted felon. The crimes are alleged to have occurred Feb. 19, 2019, in Wichita, Kan.

If convicted, he faces up to 10 years in federal prison and a fine up to $250,000 on each count. The Kansas Bureau of Investigation investigated. Assistant U.S. Attorney Lanny Welch is prosecuting.

Daniel Wood, 29, is charged with one count of unlawful possession of a firearm by a convicted felon and one count of unlawful possession of a sawed off shotgun. The crimes are alleged to have occurred Feb. 23, 2019, in Wichita, Kan.

If convicted, he faces up to 10 years in prison and a fine on each count. The Bureau of Alcohol, Tobacco, Firearms and Explosives investigated. Assistant U.S. Attorney Lanny Welch is prosecuting.

 Simon Rochel-Cervantes, 46, a citizen of Mexico, is charged with unlawfully re-entering the United States after being deported. He was found March 5, 2019, in Sedgwick County, Kan.

If convicted, he faces up to two years in federal prison and a fine up to $250,000. Immigration and Customs Enforcement HSI investigated. Assistant U.S. Attorney Aaron Smith is prosecuting.

Jacob E. Silcott, 29, Wichita, Kan., is charged in a superseding indictment with one count of unlawful possession of a sawed off shotgun, one count of unlawful possession of a firearm by a convicted felon, and one count of unlawful possession of ammunition by a convicted felon. The crimes are alleged to have occurred in May and December 2018 in Wichita, Kan.

If convicted, he faces up to 10 years in federal prison and a fine on each count. The Bureau of Alcohol, Tobacco, Firearms 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.

KANSAS CITY, KAN. - An Atchison man was sentenced Monday to nine years in federal prison for trafficking in methamphetamine, U.S. Attorney Stephen McAllister said.

Earnest Preston Crawford, III, 30, Atchison, Kan., pleaded guilty to possession with intent to distribute methamphetamine. In his plea, Crawford admitted that investigators arranged to make a series of controlled buys from Crawford at his residence in the 600 block of North 10th Street in Atchison.         

Investigators learned Crawford was getting his methamphetamine from members of the Satan’s Disciples street gang. He was regularly purchasing pounds of methamphetamine for $6,000 to $10,000.

McAllister commended the Atchison Police Department, the Kansas Bureau of Investigation, the Drug Enforcement Administration and Assistant U.S. Attorney Trent Krug for their work on the case.

TOPEKA, KAN. – An Ottawa man pleaded guilty Tuesday to a federal charge that he drove to Missouri to meet what he believed was a mother who was willing to sell her 10-year-old daughter for sex, U.S. Attorney Stephen McAllister said.

Michael David Mitchell, 64, Ottawa, Kan., pleaded guilty to one count of interstate travel to engage in unlawful sexual conduct. The investigation began when investigators received information that Mitchell was looking for a woman with a minor child who he could make his sex slaves. Mitchell communicated with an undercover investigator posing as a broker who could find Mitchell what he wanted. In his plea, Mitchell admitted that in June 2017 he drove from Ottawa, Kan., to Independence, Mo., to meet a woman he had been told was willing to make the deal. He brought money with him to pay a $5,000 finder’s fee.

Sentencing is set for April 24. He faces up to 30 years in federal prison and a fine up to $250,000. McAllister commended the FBI and Assistant U.S. Attorney Christine Kenney for their work on the case.

WICHITA, KAN. – A former lawyer in Wichita pleaded guilty Monday to a federal embezzlement charge, U.S. Attorney Stephen McAllister said.

Christopher O’Brien, 69, Wichita, Kan., pleaded guilty to one count of embezzlement from an estate. In his plea, O’Brien admitted he embezzled more than $132,000 from the bankruptcy estate of Roger L. and Maria K. Altis while he was representing the couple.

O’Brien voluntarily surrendered his license to practice law in Kansas. In his plea, he agreed to an order of restitution for more than $728,000, including the Altis case and two others.

Sentencing is set for June 3. He faces a penalty of up to five years. McAllister commended the FBI and Assistant U.S. Attorney David Lind for their work on the case.

TOPEKA, KAN. –A former president of a credit union in Topeka pleaded guilty today to a federal charge of embezzlement, U.S. Attorney Stephen McAllister said.

Connie Marie Kent, 52, Topeka, Kan., pleaded guilty to one count of theft from a credit union. In her plea, she admitted the crime occurred while she was an officer and employee of 1st Kansas Credit Union, formerly the Post Office Credit Union. Membership in the credit union is limited to government employees.

Kent agreed to a restitution amount of approximately $39,895.

Sentencing is set for June 25. She faces a penalty of up to 30 years and a fine up to $1 million.

McAllister commended the Topeka Police Department and Assistant U.S. Attorney Rich Hathaway for their work on the case.

WICHITA, KAN. – A Wichita street gang member with a prior felony conviction for robbery was sentenced Wednesday to 17 months in federal prison for possessing a firearm, U.S. Attorney Stephen McAllister said.

Adonis W. Freeman, also known as Ad Koli, 32, Wichita, Kan., pleaded guilty to one count of unlawful possession of a firearm by a convicted felon. Freeman, a documented member of the Bloods, admitted in his plea that he had a Glock Model 27 handgun on the floor next to him when agents served a search warrant at his residence. Evidence in support of the search warrant included a video on social media in which Freeman was seen with a gun sticking out of his pocket.

McAllister commended the Wichita Police Department, the FBI and Assistant U.S. Attorney Lanny Welch for their work on the case.

WICHITA, KAN. – An Oklahoma man was sentenced today to 108 months in federal prison for trafficking more than 20 pounds of methamphetamine, U.S. Attorney Stephen McAllister said.

Guillermo D. Andrade, 23, Oklahoma City, Okla., pleaded guilty to one count of possession with intent to distribute methamphetamine. In his plea, he admitted he drove from California to Kansas accompanying another car that was carrying methamphetamine. When the Kansas Highway Patrol stopped the other car and searched it, troopers found more than 20 pounds of methamphetamine. Andrade admitted he arranged to transport the methamphetamine from California to Oklahoma, where he planned to sell it.

McAllister commended the Kansas Highway Patrol and Assistant U.S. Attorney Mona Furst for their work on the case.

KANSAS CITY, KAN. – A Kansas man was indicted today on charges of importing and selling misbranded pharmaceutical-grade erectile dysfunction drugs from China that were marketed as herbal remedies for men, U.S. Attorney Stephen McAllister said.

Rick Shepard, 59, Overland Park, Kan., is charged with one count of conspiracy and one count of introducing misbranded drugs into interstate commerce. The indictment alleges Shephard wholesaled dietary supplements under the label name “Euphoric” to adult novelty stores in multiple states.

The supplements were marketed as “all-natural, herbal supplements for male enhancement.” The label on the products did not reveal that the supplements contained Tadalafil and Sildenafil, pharmaceutical ingredients in FDA-approved prescription drugs Viagra and Cialis. The FDA has determined those drugs are safe to use only under a licensed practitioner’s care because of the possibility of toxicity, life-threatening drops in blood pressure and painful erections that could result in permanent injury.

The indictment alleges Shepard purchased the drugs from a supplier in China. He had the drugs delivered to private shipping and mailing stores throughout the country and then forwarded to him in Kansas. The packages were labeled “healthy food samples.”

If convicted, he faces up to five years in federal prison and a fine up to $250,000 on the conspiracy count and up to three years and a fine up to $250,000 on the misbranding count. The Food and Drug Administration investigated. Assistant U.S. Attorney Jabari Wamble is prosecuting.

 

OTHER INDICTMENTS 

Indictment: Defendants Sold Counterfeit Computer Batteries, Accessories

         

Raymond Edwards, 50, and Renata Edwards, 58, both of Overland Park, Kan., are charged with conspiracy to traffic in counterfeit trademark goods and labels (count one), trafficking in counterfeit trademark goods (counts 2 through 22), trafficking in counterfeit trademark labels (counts 23 through 27) and mail fraud (counts 28 through 42). The crimes are alleged to have occurred during 2011 through 2015 in Johnson County, Kan.

The government is seeking a forfeiture of more than $429,500, representing the proceeds of the mail fraud, and $1 million, representing the proceeds of trafficking in counterfeit trademark goods.

The indictment alleges the defendants sold computer batteries and accessories under the names Quintic LLC, Synaglobe, Genesis Batteries, Battery Fox and Tech Rover. The indictment alleges the defendants sold counterfeit goods with labels identifying them as computer products sold by Apple, Dell, Hewlett-Packard, Samsung, Sony and others.

Upon conviction, the crimes carry the following penalties:

          Count one, counts two through 22 and counts 23 through 27: Up to 10 years in federal prison and a fine up to $2 million.

          Counts 28 through 42: Up to 20 years and a fine up to $250,000.

The FBI, the U.S. Postal Inspection Service and the Johnson County District Attorney’s Office investigated. Assistant U.S. Attorneys Chris Oakley and Scott Rask are prosecuting.

Torrey Vashon Banks, 41, Denver, Colo., is charged with unlawful possession of a firearm and ammunition by a convicted felon. The crime is alleged to have occurred April 6, 2018 in in Topeka, Kan.

If convicted, he faces up to 10 years in federal prison and a fine up to $250,000. The Bureau of Alcohol, Tobacco, Firearms and Explosives investigated. Assistant U.S. Attorney Greg Hough is prosecuting.

Tyrone Sanders, 62, Aurora, Colo., is charged with one count of unlawful possession of a firearm and ammunition by a convicted felon. The crime is alleged to have occurred Aug. 6, 2018, in Shawnee County, Kan.

If convicted, he faces up to 10 years in federal prison and a fine up to $250,000. The Bureau of Alcohol, Tobacco, Firearms and Explosives investigated. Assistant U.S. Attorney Greg Hough is prosecuting.

Christian A. Hernandez-Calixto, 41, who is not a citizen of the United States, is charged with unlawfully re-entering the United States after being deported. He was found Feb. 21, 2019, in Manhattan, KS.

If convicted, he faces up to two years in federal prison and a fine up to $250,000. Immigration and Customs Enforcement investigated. Assistant U.S. Attorney Stephen Hunting is prosecuting.

Edith Rodriguez-Valdez, 22, who is not a citizen of the United States, is charged with unlawfully re-entering the United States after being deported. She was found Feb. 21, 2019 in Manhattan, Kan.

If convicted, he faces up to two years in federal prison and a fine up to $250,000. Immigration and Customs Enforcement investigated. Assistant U.S. Attorney Stephen Hunting is prosecuting.

Guiber Javier Garcia, 32, a citizen of Mexico, is charged with unlawfully re-entering the United States after being deported. He was found Sept. 24, 2018, in Butler County, Kan.

If convicted, he faces up to 10 years in federal prison and a fine up to $250,000. Immigration and Customs Enforcement investigated. Assistant U.S. Attorney Jason Hart is prosecuting.

         

Marquez Thomas, 20, who is in federal custody, is charged in a superseding indictment with possession with intent to distribute marijuana (counts one and three), possession of a firearm in furtherance of drug trafficking (counts two and four). The crimes are alleged to have occurred in February and March 2019 in Shawnee County, Kan.

Upon conviction, the crimes carry the following penalties:

          Counts one and three: up to five years in federal prison and a fine up to $250,000.

          Counts two and four: Possession of a firearm in furtherance of drug trafficking: Not less than five years and a fine up to $250,000.

The FBI investigated. Assistant U.S. Attorney Jared Maag is prosecuting.

Monte Alford, 25, Wichita, Kan., is charged with possession with intent to distribute methamphetamine (count one), possession with intent to distribute (heroin), unlawful possession of a firearm in furtherance of drug trafficking (counts three and seven), unlawful possession of a firearm by a convicted felon (counts four, eight and ten), unlawful possession of a stolen firearm (count five) and possession with intent to distribute methamphetamine (count six). The crimes are alleged to have occurred November and December 2018 and March 2019, in Sedgwick County, Kan.

Upon conviction, the crimes carry the following penalties:

          Count one: Up to 40 years in federal prison and a fine up to $5 million.

          Count two: Up to 20 years and a fine up to $1 million.

          Counts three and seven: Not less than five years and a fine up to $250,000.

          Counts four, five, eight and ten: Up to 10 years and a fine up to $250,000.

          Count six: Not less than 10 years and a fine up to $10 million.

The Bureau of Alcohol, Tobacco, Firearms and Explosives investigated. Assistant U.S. Attorney Matt Treaster is prosecuting.

 

Jose Luis Cortes-Diaz, 29, Kansas City, Mo., is charged with one count of making a false statement on a passport and one count of falsely stating he is a citizen of the United States. The crimes are alleged to have occurred in 2016 in Johnson County, Kan.

If convicted, he faces up to 10 years in federal prison and a fine up to $250,000 on the first count and up to three years and a fine up to $250,000 on the second count. The Diplomatic Security Service of the U.S. State Department 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.

WICHITA, KAN. – A former EMT in Jackson County, Kan., was sentenced Tuesday to five years on federal probation for stealing morphine from vials, U.S. Attorney Stephen McAllister said. One condition of his release is he not engage in any occupation that would give him access to controlled substances without prior approval from his probation officer. He also must complete an approved substance abuse program.

Colby W. VanWagoner, 33, Mayetta, Kan., pleaded guilty to one count of obtaining a controlled substance by deception and one count of making a false statement during an investigation.

The crimes took place while VanWagoner was working for the Jackson County Emergency Medical Service in Holton, Kan. In his plea, VanWagoner admitted he tampered with vials of morphine sulfate. He replaced morphine with saline solution and put the vials back into narcotic boxes on ambulances and in office stocks. Tests showed the concentration of morphine in vials that had been tampered with was low as 1 percent or less. The concentration of morphine should have been 100 percent.

McAllister commended the Food and Drug Administration – Office of Criminal Investigations and Assistant U.S. Attorney Debra Barnett for their work on the case.

TOPEKA, KAN. – A Topeka man was sentenced today to five years in federal prison for robbing a local credit union, U.S. Attorney Stephen McAllister said.

Robert Charles Frazier, 63, Topeka, Kan., pleaded guilty to one count of robbery. In his plea, he admitted that on Aug. 20, 2018, he robbed the Azura Credit Union at 1129 S. Kansas Avenue in Topeka. He told a teller, “This is a robbery. Give me your twenties, fifties and hundreds.” After receiving the money, he left the building and sat down on a nearby wall. An off-duty Topeka police officer working security arrested him.

McAllister commended the Topeka Police Department, the FBI and Assistant U.S. Attorney Jared Maag for their work on the case.

 

KANSAS CITY, KAN. – A Miami County man was sentenced Monday to nine years in federal prison on child pornography charges, U.S. Attorney Stephen McAllister said.

William Bresee, 32, Fontana, Kan., pleaded guilty to three counts of distributing child pornography and one count of possessing child pornography. At sentencing, the prosecutor told the court Bresee admitted that federal agents downloaded child pornography from his computer using an online file sharing program. Bresee was a staff member at Lakemary Center in Paola, Kan., working an overnight shift when investigators tracked child pornography to an IP address at the center. Breesee no longer works there.

McAllister commended Homeland Security Investigations (HSI) and Assistant U.S. Attorney Kim Flannigan for their work on the case.

 

 

WICHITA, KAN. - Wichita physician Steven R. Henson was sentenced today to life in federal prison for unlawfully distributing prescription drugs, U.S. Attorney Stephen McAllister said.

“I want this case to send a message to physicians and the health care community,” McAllister said. “Unlawfully distributing opioids and other controlled substances is a federal crime that could end a medical career and send an offender to prison.”

McAllister continued: “We are dealing with an epidemic. Nationwide, more than 70,000 Americans died in 2017 from drug overdoses. That is more than all the American casualties during the war in Vietnam.”

Henson, 57, operated the Kansas Men’s Clinic at 3636 N. Ridge Road in Wichita, stood trial in October and was convicted on the following counts:

• Conspiracy to distribute prescription drugs outside the course of medical practice (Counts 1 and 2).
• Unlawfully distributing oxycodone (Counts 3 through 14).
• Unlawfully distributing oxycodone, methadone and alprazolam (Count 16).
• Unlawfully distributing methadone and alprazolam, the use of which resulted in the death of a victim on July 24, 2015, identified in court records as N.M. (Count 17)
  Presenting false patient records to investigators (Count 19).
• Obstruction of justice (Count 20)
• Money laundering (Counts 26 through 31).

Evidence at trial showed Henson was giving dangerous, maximum strength opioid prescriptions to people who did not need them.

Henson was registered with the Drug Enforcement Administration to dispense prescription controlled substances. His registered addresses included the Wichita Men’s Clinic and a location at 1861 N. Rock Road, Suite 201.

During trial, prosecutors presented evidence that Henson:

• Wrote prescriptions without a medical need.
• Wrote prescriptions in return for cash.
• Post-dated prescriptions.
• Wrote prescriptions without a legitimate medical exam.
• Wrote prescriptions for people other than the ones who came to see him.

 

U.S. District Judge J. Thomas Marten wrote in an order denying the defendant’s motion for acquittal: “The defendant kept no medical records, performed no physical examinations or physical tests, gave massive amounts of opioids to patients with little demonstrated need, wrote unneeded, non-controlled prescriptions in order to defeat pharmacy limits on controlled substances, and knew that patients were traveling improbably long distances to receive opioids. There was ample evidence that Henson was prescribing opioid medications in amounts likely to lead to addiction, and in amounts so expensive that the patients would likely be forced by economic circumstances to support their addiction by selling some of the drugs to others.”

The judge criticized Henson for deliberately not confronting the fact his patients were addicts. He had a uniform, scripted colloquy with patients in which he asked them if they had pain, they said yes and then he gave them prescriptions. In that way, he avoided asking more questions or ordering more tests. Marten called it, “a pantomime of a genuine doctor-patient relationship (that) demonstrated a consistent policy of avoiding the truth.”

Evidence presented at trial showed Henson prescribed opioid medications in amounts likely to lead to addiction and ignored the risk that his patients would pay for their drugs by selling some of the drugs to other people.

McAllister said: “The prosecution of cases involving a health professional’s misuse of medical expertise and authority is extremely important to fight the opioid epidemic. The vast majority of health care providers are people of integrity who follow their oath to help others, abide by the law, and do all they can to protect patients from becoming addicted. The evidence showed that is not what Dr. Henson did in this case.”

“For any doctors, pharmacists or nurses who disregard their oath and distribute powerful drugs illegally to enrich themselves, the message today is that they will be prosecuted to the full extent allowed by federal law.”

McAllister comended the Drug Enforcement Administration’s Tactical Diversion Squad, the Newton Police Department, the Wichita Police Department, the Internal Revenue Service-Criminal Investigation Division investigated, the Johnson County Sheriff’s Office, Assistant U.S. Attorney Mona Furst and Assistant U.S. Attorney Kimberly Rodebaugh for their work on the case.

WICHITA, KAN. – A jury returned guilty verdicts today in the federal trial of a Russian-born woman accused of unlawfully taking her child out of the United States and keeping the child away from the child’s father in Kansas, U.S. Attorney Stephen McAllister said.

 Bogdana Alexandrovna Mobley, 38, was found guilty on one count of international parental kidnapping and two counts of attempting to extort money from the child’s father.

During trial, the prosecutor presented evidence that in April 2014 Mobley took a child of hers (identified as S.M. in court records) to Russia despite the fact the biological father, Brian Mobley, had been awarded joint custody in Sedgwick County District Court. At the time, the Mobleys had a pending divorce case before the court. The defendant did not obtain the permission of the court or Brian Mobley before going to Russia with the child. The child still has not returned to the United States.

Between April 2014 and November 2016, the defendant only permitted Brian Mobley to communicate with S.M. via cell phones and Skype applications. She told Brian Mobley that he needed to send her money in order to see the child.

Sentencing is set for May 20. She faces up to three years in federal prison on the kidnapping charge and up to 20 years on the extortion counts. The FBI investigated. Assistant U.S. Attorney Jason Hart is prosecuting.

TOPEKA, KAN. – Two Kansas companies were indicted today on federal charges of safety violations that caused a greenish-yellow toxic chlorine gas cloud to form over the city of Atchison in October 2016, U.S. Attorney Stephen McAllister said. A web page, a phone line and an email address have been set up for victims to provide and receive information on the case.

The indictment alleges more than 140 people sought medical attention after 4,000 gallons of sulfuric acid combined with 5,800 gallons of sodium hypochlorite to form a toxic cloud that covered the city for 45 minutes until emergency personnel arrived to turn off the flow.

Midwest Grain Products, Inc., of Atchison, Kan., and Harcros Chemicals, Inc., of Kansas City, Kan., are charged with Clean Air Act violations that put the public in danger.

The indictment alleges that on Oct. 21, 2016, a driver for Harcros pulled a truck into Midwest Grain’s facility in Atchison to deliver sulfuric acid. An operator for Midwest Grain helped the driver access the transfer equipment. When the driver mistakenly connected the sulfuric acid line to the sodium hypochlorite line, toxic gas began to form. The indictment alleges both men violated safety rules by failing to verify that the connection was correct and failing to monitor the transfer.

ictims 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 .

If convicted, the defendant companies face the following penalties:

 

• Count one, violation of general duty clause: A fine up to $500,000.
• Count two, knowingly releasing a hazardous pollutant: A fine up to $1 million.
• Count three (alternate to count two), negligently releasing a hazardous pollutant: A fine up to $200,000.

 

The Environmental Protection Agency investigated. Assistant U.S. Attorney Rich Hathaway is prosecuting.

 

OTHER INDICTMENTS 

          Anderson Eduardo Seijas Chavez, 29, Miami, Fla., Angel A. Betancourt-Rodriguez, 23, Miami, Fla., and Carlos Alberto Campos-Rojas, 28, Summerfield, Fla., are charged with one count of conspiracy to create and use counterfeit credit and debit cards (count one). In addition, Chavez and Rojas are charged with one count of unlawfully possessing an ATM skimming device and a pinhole camera for the purpose of making counterfeit cards (count two) and one count of aggravated identity theft (count three). The crimes are alleged to have occurred in September and October 2018 in Johnson County, Kan.

If convicted, the face up to five years in federal prison and a fine up to $250,000 on count one, up to 10 years and a fine up to $250,000 on count two and not less than two years (consecutive) and a fine up to $250,000 on count three.

The U.S. Secret Service investigated. Assistant U.S. Attorney Chris Oakley is prosecuting.

 

 Chris Lewis II, 26, Kansas City, Kan., is charged with three counts of distributing crack cocaine (counts one through three), one count of possession with intent to distribute marijuana (count four), one count of unlawful possession of a firearm in furtherance of drug trafficking (count five) and one count of unlawful possession of a firearm by a fugitive from justice (count six). The crimes are alleged to have occurred in December 2018 and January 2019 in Wyandotte County, Kan.

Upon conviction, the crimes carry the following penalties:

• Counts one through three: Up to 20 years in federal prison and a fine up to $1 million.
•  Count four: Up to five years and a fine up to $250,000.
•  Count five: Not less than five years and a fine up to $250,000.
•   Count six: Up to 10 years and a fine up to $250,000.

The FBI and the Kansas City, Kan., Police Department investigated. Assistant U.S. Attorney Scott Rask is prosecuting.

Ryan Hawley, 29, who is in custody, is charged with one count of unlawful possession of a firearm by a convicted felon. The crime is alleged to have occurred Feb. 14, 2019, in Shawnee County, Kan.

If convicted, he faces up to 10 years in federal prison and fine up to $250,000. The Bureau of Alcohol, Tobacco, Firearms and Explosives and the Topeka Police Department investigated. The U.S. Marshals Service, and the Kansas Highway Patrol Assisted in his arrest. Assistant U.S. Attorney Skip Jacobs is prosecuting.

Maria Alonso-Espinoza, 29, a citizen of Mexico, is charged with one count of distributing methamphetamine. The crime is alleged to have occurred Feb. 26, 2019.

According to court documents, the Kansas Highway Patrol stopped Alonso-Espinoza’s vehicle on I-70 in Russell County and found 21 pounds of methamphetamine

If convicted, she faces a penalty of not less than 10 years and a fine up to $10 million. The Drug Enforcement Administration investigated. Assistant U.S. Attorney Mona Furst is prosecuting.

 In all cases, defendants are presumed innocent until and unless proven guilty. The indictments merely contain allegations of criminal conduct.

KANSAS CITY, KAN. – A Kansas City, Kan., man who told investigators he had been viewing child pornography online for decades was sentenced today to 10 years in federal prison, U.S. Attorney Stephan McAllister said.

David Lehman, 51, Kansas City, Kan., pleaded guilty to one count of receiving and distributing child pornography. In his plea, Lehman admitted that an investigator used a peer-to-peer file-sharing program to download child pornography from Lehman’s computer. The National Center for Missing and Exploited Children identified more than 6,000 images and 83 videos containing images of victims who investigators previously had identified.

In his plea agreement, Lehman agreed to pay $2,000 in restitution to each of nine identified victims.

McAllister commended the FBI and Assistant U.S. Attorney Kim Flannigan for their work on the case.

WICHITA, KAN. – A Kansas woman pleaded guilty today to mail fraud in a scheme to make it appear that when her employer died he left half his estate to her, U.S. Attorney Stephen McAllister said.

Wanda Oborny, 66, Hays, Kan., pleaded guilty to one count of mail fraud. In her plea, she admitted that in 2013 she mailed a fraudulent purported codicil of Kansas banker Earl O. Field’s will to Ft. Hays State University. The document falsely claimed Field had left a fourth of his estate to the university, a fourth to his lawyer and half to Oborny. In fact, Field left the majority of the estate to the university.

Sentencing is set for May 29. Both parties have agreed to recommend Oborny be sentenced to a year on federal probation and ordered to pay $1,200 to the university. McAllister commended the FBI and Assistant U.S. Attorney Debra Barnett for their work on the case.

WICHITA, KAN. – A federal grand jury today indicted a Wichita man on carjacking and federal firearms charges, U.S. Attorney Stephen McAllister said.

Michael D. Stumbaugh, 39, Wichita, Kan., was charged with one count of carjacking, two counts of unlawful possession of a firearm by a convicted felon, 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 in furtherance of carjacking.

The carjacking is alleged to have occurred Jan. 28, when Wichita police reported a man pointed a handgun at a 70-year-old driver in the 8000 block of East Dresden and stole a 2011 Ford F-150.

The indictment alleges that when Stumbaugh was taken into custody on Feb. 7 he possessed methamphetamine and a gun.

Upon conviction, the crimes carry the following penalties:

Carjacking: Up to 15 years in federal prison and a fine up to $250,000.

Unlawful possession of a firearm by a convicted felon: Up to 10 years and a fine up to $250,000.

Unlawful possession of a firearm in furtherance of a carjacking and/or drug trafficking: Not less than five years and a fine up to $250,000.

Possession with intent to distribute methamphetamine: Up to 20 years and a fine up to $1 million.

The Wichita Police Department and the FBI investigated. Assistant U.S. Attorney Lanny Welch is prosecuting. This case is being prosecuted under the Department of Justice’s Project Safe Neighborhood initiative.

 

OTHER INDICTMENTS
 

Ashley Ushamba, 33, Overland Park, Kan., Boniface Frank Nyamayaro, 51, Overland Park, Kan., and Zviravirwa Jehu Rubaba, 27, Dallas, Texas, are charged with one count of conspiracy to commit wire fraud (count one) and mail fraud. In addition, Ushamba is charged with six counts (counts two through seven) of wire fraud, and six counts (counts eight through 13) of aggravated identity theft, two counts (counts 14 and 15) of theft of government funds and one count (count 16) of access device fraud. In addition, Nyamayaro is charged with six counts of aggravated identity theft (counts 8 through 13). The crimes are alleged to have occurred during 2012 through 2014 in Johnson County, Kan.

The indictment alleges the defendants conspired to steal the identities of their victims and to file fraudulent income tax returns using the victims’ identities. The indictment alleges the defendants unlawfully received tax refunds in the form of prepaid debit cards.

Upon conviction, the crimes carry the following penalties:

Count one: Up to 20 years in federal prison and a fine up to $250,000.

Counts two through seven: Up to 20 years in federal prison and a fine up to $250,000.

Counts eight through 13: Not less than two years, consecutive to other sentences on other counts.

Counts 14 and 15: Up to 10 years and a fine up to $250,000.

Count 16: Up to 10 years and a fine up to $250,000.

The Internal Revenue Service investigated. Assistant U.S. Attorney Chris Oakley is prosecuting.

Colby D. Elsasser, 26, Arlington, Kan., is charged with one count of unlawful possession of a firearm and ammunition by a convicted felon (count one), one count of unlawful possession of a firearm and ammunition by a user of a controlled substance (count two), one count of unlawful possession of a rifle with a sawed off barrel (count three) and one count of unlawful possession of a silencer (count four). The crimes are alleged to have occurred Nov. 4, 2018, in Rice County, Kan.

If convicted, he faces penalties of 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 David Lind is prosecuting.

Manuel Herrera-Sandoval, 33, who is a citizen of Mexico, is charged with unlawfully re-entering the United States after being deported. He was found Jan. 29, 2019, in Sedgwick County, Kan.

If convicted, he faces up to two years in federal prison and a fine up to $250,000. Homeland Security Investigations investigated. Assistant U.S. Attorney David Lind is prosecuting.

Suhail Rosales-Antelo, 42, a citizen of Mexico, is charged with unlawfully re-entering the United States after being deported. She was found Feb. 8, 2019, in Ellsworth County, Kan.

If convicted, she faces up to two years in federal prison and a fine up to $250,000. Homeland Security Investigations investigated. Assistant U.S. Attorney David Lind is prosecuting.

Luis Conteras-Mata, 38, a citizen of Mexico, is charged with unlawfully re-entering the United States after being deported. He was found Jan. 24, 2019, in Rawlins County, Kan.

If convicted, he faces up to two years in federal prison and a fine up to $250,000. Homeland Security Investigations investigated. Assistant U.S. Attorney David Lind is prosecuting.

         

Francisco Rojas-Huerta, 27, a citizen of Mexico, is charged with unlawfully re-entering the United States after being deported. He was found Jan. 26, 2019, in Sedgwick County, Kan.

If convicted, he faces up to two years in federal prison and a fine up to $250,000. Homeland Security Investigations investigated. Assistant U.S. Attorney David Lind is prosecuting.

 

Jaime Alberto Pineda-Ortega, 38, a citizen of Mexico, is charged with unlawfully re-entering the United States after being deported. He was found Feb. 14, 2019, in Ellsworth County, Kan.

If convicted, he faces up to two years in federal prison and a fine up to $250,000. Homeland Security Investigations investigated. Assistant U.S. Attorney David Lind is prosecuting.

 

Brian L. Mitchell, 39, Wichita, Kan., is charged with unlawful possession of a firearm by a convicted felon. The crime is alleged to have occurred Jan. 23, 2019, in Wichita, Kan.

If convicted, he faces up to 10 years in federal prison and a fine up to $250,000. The FBI investigated. Assistant U.S. Attorney Ryan McCarty is prosecuting.

 

Bryan Dias, 19, and Brandon Garcia, 22, and Terrance Wills, 22, are charged with one count of possession with intent to distribute heroin. The crime is alleged to have occurred Feb. 15, 2019, in Shawnee County.

If convicted, they 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 Stephen Hunting is prosecuting.

Wilbur E. Kirkhart, II, 42, Wichita, Kan., is charged with two counts of unlawful possession of a firearm by a convicted felon (counts one and two), one count of unlawful possession of ammunition by a convicted felon (count three), one count of distributing a controlled substance (count four), and one count of unlawful possession of a firearm in furtherance of a drug trafficking crime (count five). The crimes are alleged to have occurred April 20, 2016, in Sedgwick County, Kan.

Upon conviction, the crimes carry the following penalties:

Counts one and two: Up to 10 years in federal prison and a fine up to $250,000.

Count three: Up to 10 years and a fine up to $250,000.

Court four: Up to 20 years and a fine up to $250,000.

Count five: Up to five years and a fine up to $250,000.

The Bureau of Alcohol, Tobacco, Firearms and Explosives investigated. Assistant U.S. Attorney Lanny Welch is prosecuting.

 

Mark D. Mullins, 34, Wichita, Kan., and Camela A. Blanchard, 35, Wichita, Kan., are charged with one count of making counterfeit bills and two counts of passing counterfeit bills. The crimes are alleged to have occurred in December 2017 and January 2018 in Wichita, Kan.

If convicted, they face up to 20 years in federal prison and a fine up to $250,000 on each count. The U.S. Secret Service investigated. Assistant U.S. Attorney Alan Metzger is prosecuting.

Jaasiel Varela-Aniles, 29, who is not a citizen of the United States, is charged with one count of unlawfully re-entering the United States after being convicted of an aggravated felony and deported. He was found Jan. 15, 2019, in Seward County, Kan.

If convicted, he faces up to 10 years in federal prison and a fine up to $250,000. Homeland Security Investigations investigated. Assistant U.S. Attorney Ryan McCarty is prosecuting.

Teodoro Adame-Ramirez, 42, who is not a citizen of the United States., is charged with unlawfully re-entering the United States after being convicted of an aggravated felony and deported. He was found Feb. 17, 2019, in Sedgwick County, Kan.

If convicted, he faces up to 10 years in federal prison and a fine up to $250,000. Homeland Security Investigations investigated. Assistant U.S. Attorney Ryan McCarty is prosecuting.

 

In all cases, defendants are presumed innocent until and unless proven guilty. The indictments merely contain allegations of criminal conduct.

KANSAS CITY, KAN. – A Kansas City, Kan., man was sentenced today to 80 months in federal prison for acting as a courier to deliver more than three pounds of methamphetamine, U.S. Attorney Stephen McAllister said.

Demetrius Summerson, 28, Kansas City, Kan., pleaded guilty to one count of distributing methamphetamine. In his plea, he admitted that FBI agents had him under surveillance when he delivered more than 3.6 pounds of methamphetamine to a buyer in Lenexa, Kan. The buyer paid Summerson $10,000.

Summerson was working as a distributor for a drug trafficking organization operating in Johnson and Wyandotte counties that was obtaining methamphetamine from a provider in Michoacan, Mexico.

McAllister commended the FBI, the Kansas City, Kan., Police Department and Assistant U.S. Attorney Sheri Catania for their work on the case.

KANSAS CITY, KAN. – A former bank teller who paid back the money she embezzled from a Leavenworth savings and loan was sentenced Monday to two years on federal supervised release, U.S. Attorney Stephen McAllister said.

Theresa Williams, 49, Leavenworth, Kan., pleaded guilty to one count of theft by a bank employee. In her plea, she admitted she embezzled $13,000 from Mutual Savings Association in Leavenworth. To cover up the crime, she made false entries in bank reports.

McAllister commended the FBI and Assistant U.S. Attorney Jabari Wamble for their work on the case.

WICHITA, KAN. – Already sentenced to prison for his role in a bomb plot, Patrick Stein, 50, of Wright, Kan., pleaded guilty today and was sentenced to an additional 44 months in federal prison for possession of child pornography, U.S. Attorney Stephen McAllister said.

Stein pleaded guilty to one count of possessing child pornography. In his plea, he admitted investigators found up to 149 images of children engaged in sexual activities on his laptop computer and USB drives.

Investigators found the child pornography after obtaining a warrant to search Stein’s computer for evidence of his part in a plot to detonate multiple bombs at an apartment complex in Garden City where Somali refugees were living.

In January, Stein was sentenced to 30 years in federal prison for his role in the bomb plot. He will serve the sentence in the child pornography consecutively with the sentence in the bomb case.

McAllister commended the FBI and Assistant U.S. Attorney Jason Hart for their work on the case.