District of Kansas

KANSAS CITY, KAN. – The Sac and Fox Nation of Missouri in Kansas and Nebraska will receive $805,563 in public safety grants from the Department of Justice, U.S. Attorney Stephen McAllister said today.

The tribe, headquartered in Reserve, Kan., will receive the funding from the Justice Department’s Office of Violence Against Women. The money is part of $113 million in grants the Justice Department announced this week to improve public safety, serve victims of crime, combat violence against women and support youth programs in American Indian and Alaska Native communities.

“Our office is working with tribal governments to protect women in Indian Country from domestic violence, sexual assault and other crimes,” McAllister said.  

Nationwide, 133 tribal governments and designees received grants.

WICHITA, KAN. – A Wichita man pleaded guilty Tuesday to robbing a liquor store, U.S. Attorney Stephen McAllister said.

Jamaryus Moore, 19, Wichita, Kan., pleaded guilty to one count of robbing a commercial business. In his plea, he admitted he and another man robbed F & K Liquor at 902 S. Woodlawn in Wichita. During the robbery, a clerk shot co-defendant Raquan Hill, 18, Wichita. Hill was arrested at the scene. Moore was arrested later that day at work.

Sentencing is set for Dec. 10. Moore faces a penalty up to 20 years in federal prison and a fine up to $250,000. Co-defendant Hill has scheduled a change of plea hearing for Sept. 24.

McAllister commended the FBI Safe Streets Task Force, the Wichita Police Department and Assistant U.S. Attorney Aaron Smith for their work on the case.

KANSAS CITY, KAN. – A Kansas City, Kan., man pleaded guilty Monday to producing child pornography, U.S. Attorney Stephen McAllister said.

Ronny Peters, 40, Kansas City, Kan., pleaded guilty to one count of producing child pornography. In his plea, he admitted the investigation began when the FBI received a report that Peters had turned in a company cell phone to his former employer containing child pornography. Investigators were able to identify the 10-year-old victim in the images.

Sentencing is set for Dec. 10. He faces a penalty of not less than 15 years and not more than 30 years in federal prison. McAllister commended the FBI and Assistant U.S. Attorney Scott Rask for their work on the case.

WICHITA, KAN. – A federal grand jury today returned a series of criminal indictments in separate cases charging defendants with unlawfully re-entering the United States after being deported, U.S. Attorney Stephen McAllister said.

Jose Rafael Gutierrez-Yanez, 27, a citizen of Mexico, was charged with one count of unlawfully re-entering the United States after being deported. The indictment alleges he has been deported four times. He was found in March 2018 in Sumner County, Kan.

If convicted, he faces up to 10 years in federal prison. Immigration and Customs Enforcement investigated. Assistant U.S. Attorney Debra Barnett is prosecuting.

Cruz Diaz-Carballo, 34, who is not a U.S. citizen, is charged with unlawfully re-entering the United States after being deported. The indictment alleges he was deported three times. He was found Aug. 13, 2018, in Johnson County, Kan.

If convicted, he faces up to two years in federal prison. Immigration and Customs Enforcement investigated. Assistant U.S. Attorney Scott Rask is prosecuting.

Otilio Benitez-Acquirre, 39, who is not a U.S. citizen, is charged with unlawfully re-entering the United States after being deported. The indictment alleges he was deported two times. He was found Aug. 7, 2018, in Johnson County, Kan.

If convicted, he faces up to two years in federal prison. Immigration and Customs Enforcement investigated. Assistant U.S. Attorney Scott Rask is prosecuting.

Jose Fernandez-Casas, 45, a citizen of Mexico, was charged with one count of unlawfully re-entering the United States after being deported. He was found in August 2018 in Pratt County, Kan.

If convicted, he faces up to two years in federal prison. Immigration and Customs Enforcement investigated. Assistant U.S. Attorney Debra Barnett is prosecuting.

Roberto Sanchez-Salas, 49, a citizen of Mexico, was charged with one count of unlawfully re-entering the United States after being deported. He was found in September 2018 in Ellis County, Kan.

If convicted, he faces up to two years in federal prison. Immigration and Customs Enforcement investigated. Assistant U.S. Attorney Debra Barnett is prosecuting.

 

OTHER INDICTMENTS

         

Six men from Mexico were charged with drug trafficking. The indictment alleges the men conspired to distribute hundreds of pounds of marijuana. They were arrested Aug. 23, 2018, in Shawnee County, Kan.

The following defendants are charged with one count of conspiracy and one count of possession with intent to distribute marijuana:

 

          Rene Josefat Yanez Coronado, 31, Hermosillo, Mexico.

          Cesar Ignacio Valencia Casillas, 19, Hermosillo, Mexico.

          Carlos Gabriel Rubal Nieblas, 20, Hermosillo, Mexico.

          Angel Joel Gallegos Oviedo, 23, Hermosillo, Mexico.

          Eduardo Antonio Mijangos Loustaunau, 18, Hermosillo, Mexico.

          Jesus Antonio Mijangos Loustaunau, 26, Lopes Del Castillo, Mexico.

If convicted, they face a penalty of not less than five years and not more than 40 years and a fine up to $5 million on each count. The Kansas Highway Patrol and the Drug Enforcement Administration investigated. Special Assistant U.S. Attorney Skip Jacobs is prosecuting.

 

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

 

TOPEKA, KAN. – A Mexican man who was arrested in Kansas with 4.5 pounds of heroin was sentenced Monday to 41 months in federal prison, U.S. Attorney Stephen McAllister said.

Elesvan Garcia-Matinez, 26, pleaded guilty to one count of possession with intent to distribute heroin. In his plea, he admitted the Geary County Sheriff’s Office stopped his car on I-70 in Geary County. In the trunk, they found a modified fire extinguisher containing about 4.5 pounds of heroin.

McAllister commended the Geary County Sheriff’s Office, the Drug Enforcement Administration and Special Assistant U.S. Attorney Skip Jacobs for their work on the case.

KANSAS CITY, KAN. – A Wellington woman was sentenced today to six months in prison and ordered to pay more than $86,000 in restitution for fraudulently collecting Social Security benefits, U.S. Attorney Stephen McAllister said.

Amy D. McLain, 50, Wellington, Kan., pleaded guilty to one count of Social Security fraud. In her plea, she admitted that from April 2008 to May 2014 she worked for Kreifels Communications, Inc., while receiving Social Security disability benefits. She fraudulently reported to Social Security that she was not working and had no income.

Co-defendant Scott Kreifels, 58, Wellington, Kan., was sentenced to two years on probation and ordered to pay more than $49,900 in restitution. McLain’s husband, co-defendant Jeffrey L. McLain, 49, Wellington, is set for sentencing Nov. 1.

McAllister commended the Social Security Administration and Assistant U.S. Attorney Alan Metzger for their work on the case.

KANSAS CITY, KAN. – An Olathe man has been sentenced to two years in federal prison for filing a false tax return, U.S. Attorney Stephen McAllister said. In addition, the defendant was ordered to pay more than $454,000 in restitution.

Daniel Forster, 58, Olathe, Kan., pleaded guilty to causing a false tax return to be submitted to the Internal Revenue Service. In his plea, he admitted the crime occurred while he was one of three shareholders who owned an S corporation located in Olathe. Forster was responsible for the financial operations of the business, including overseeing corporate books and records and submitting tax information to a professional tax preparer.

Forster used funds belonging to the business to pay personal expenses such as credit card payments and then falsely represented those payments as deductible expenses.

McAllister commended the Internal Revenue Service and Assistant U.S. Attorney Leon Patton for their work on the case.

A Topeka, Kansas man made his initial appearance Thursday on an indictment charging him with murdering a woman on board a cruise ship in January 2018.   Assistant Attorney General Brian A. Benczkowski of the Justice Department’s Criminal Division, U.S. Attorney Stephen R. McAllister of the District of Kansas and Special Agent in Charge Charles P. Spencer of the FBI Jacksonville, Florida Field Office made the announcement.

Eric Newman, 53, was charged with murder in the second degree.  The initial appearance was held before U.S. Magistrate Judge Ross A. Walters.

The indictment alleges that on or about Jan. 19, Newman was travelling on board the Carnival Elation, a foreign vessel registered in Panama, on a voyage with both a scheduled departure from and arrival in Jacksonville, Florida.  During the voyage, Newman is alleged to have killed Tamara Tucker, 50, of Lawson, Missouri.

A detention hearing is scheduled for Sept. 12. 

An indictment is merely an allegation.  The defendant is presumed innocent until proven guilty beyond a reasonable doubt in a court of law.

The investigation was conducted by the FBI Jacksonville Field Office with the assistance of the FBI Topeka Field Office.  The case is being prosecuted by Trial Attorney Rami S. Badawy of the Criminal Division’s Human Rights and Special Prosecutions Section and Assistant U.S. Attorney Christine E. Kenney of the District of Kansas.

A Topeka, Kansas man made his initial appearance earlier today on an indictment charging him with murdering a woman on board a cruise ship in January 2018.   Assistant Attorney General Brian A. Benczkowski of the Justice Department’s Criminal Division, U.S. Attorney Stephen R. McAllister of the District of Kansas and Special Agent in Charge Charles P. Spencer of the FBI Jacksonville, Florida Field Office made the announcement.

Eric Newman, 53, was charged with murder in the second degree.  The initial appearance was held before U.S. Magistrate Judge Ross A. Walters.

The indictment alleges that on or about Jan. 19, Newman was travelling on board the Carnival Elation, a foreign vessel registered in Panama, on a voyage with both a scheduled departure from and arrival in Jacksonville, Florida.  During the voyage, Newman is alleged to have killed Tamara Tucker, 50, of Lawson, Missouri.

A detention hearing is scheduled for Sept. 12. 

An indictment is merely an allegation.  The defendant is presumed innocent until proven guilty beyond a reasonable doubt in a court of law.

The investigation was conducted by the FBI Jacksonville Field Office with the assistance of the FBI Topeka Field Office.  The case is being prosecuted by Trial Attorney Rami S. Badawy of the Criminal Division’s Human Rights and Special Prosecutions Section and Assistant U.S. Attorney Christine E. Kenney of the District of Kansas.

TOPEKA, KAN. – A homeless man was indicted today on a federal charge of robbing a credit union in Topeka, U.S. Attorney Stephen McAllister said.

Robert Charles Frazier, 63, is charged with one count of robbery. The indictment alleges that on Aug. 20, 2018, he robbed the Azura Credit Union at 1129 South Kansas Ave. An off-duty Topeka police officer working security at the credit union arrested Frazier.

If convicted, he faces up to 20 years in federal prison and a fine up to $250,000. The Topeka Police Department and the FBI investigated. Assistant U.S. Attorney Jared Maag is prosecuting.

OTHER INDICTMENTS

 

Ruth M. Eidson, formerly known as Ruth M. Moler-Dotter, 27, White City, Kan., is charged in a superseding indictment with three counts of theft by a postal employee. The indictment alleges she stole DVDs from the mail on Feb. 3, March 3 and March 25, 2016. The crime is alleged to have occurred in Wabaunsee County, Kan.

If convicted, she faces up to five years in federal prison and a fine up to $250,000 on each count. The U.S. Postal Service – Office of Inspector General investigated. Assistant U.S. Attorney Christine Kenney is prosecuting.

Kyle L. Eidson, 32, White City, Kan., is charged in a superseding indictment with one count of theft by a postal employee. The indictment alleges Eidson took gift cards and Netflix DVDs from the mail. The crime is alleged to have occurred Feb. 11, 2016, in Wabaunsee County, Kan.

If convicted, he faces up to five years in federal prison and a fine up to $250,000. The U.S. Postal Service – Office of Inspector General investigated. Assistant U.S. Attorney Christine Kenney is prosecuting.

Travis Eugene Sims, 28, Topeka, Kan., is charged with one count of unlawful possession of a firearm following a felony conviction. The crime is alleged to have occurred Jan. 14, 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.

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

 

TOPEKA, KAN. – A man who was arrested with 471 pounds of marijuana in his van pleaded guilty today to drug trafficking, U.S. Attorney Stephen McAllister said.

Mark Berg, 41, Coon Rapids, Minn., pleaded guilty to one count of possession with intent to distribute marijuana. According to court documents, a Kansas Highway Patrol trooper noticed the van and two other vehicles traveling with it on Interstate 70 in Ellsworth County. Although one of the escort vehicles attempted to distract him, the trooper stopped the minivan Berg was driving. Berg told the trooper he had been in Las Vegas and had driven through Denver on his way home to Minnesota. After a drug dog sniffed the vehicle, investigators searched the van and found the marijuana.

Sentencing is set for Nov. 19. He faces a penalty of up to 40 years in federal prison. McAllister commended the Kansas Highway Patrol, the Drug Enforcement Administration and Special Assistant U.S. Attorney Skip Jacobs for their work on the case.

TOPEKA, KAN. – An architect who worked for Payless ShoeSource was sentenced today to 21 months in federal prison and ordered to pay more than $425,000 in restitution for defrauding the company, U.S. Attorney Stephen McAllister said.

Manuel Francisco Ruiz-Lacayo, 38, Lawrence, Kan., pleaded guilty to one count of wire fraud. In his plea, he admitted the crime occurred while he worked for Payless as a project manager for store planning. His work included designing exteriors and interior floor plans for new stores in Central and South America. He coordinated with Ordonez Architecture and Construction in Bogata, Columbia, and Christian Heins Finkenstaedt in Barranquilla, Columbia, on the projects.

Without the knowledge of his employer, Ruiz-Lacayo told the contractors that 3D renderings of storefronts were required for all projects. He told them to use a firm he said was located in Costa Rica. In fact, the address he gave them was his mother’s and no renderings were produced. Ruiz-Lacayo submitted invoices from the fictitious firm to Payless for payment.

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

KANSAS CITY, KAN. – A woman who worked as a supervisor in the post office in Shawnee Mission was sentenced Monday for stealing mail, U.S. Attorney Stephen McAllister said.

Stacey L. Kampfer, 40, Kansas City, Kan., was sentenced to a year on probation and ordered to pay about $785 in restitution.

Kampfer pleaded guilty to one count of mail theft. In her plea, she admitted that while she was employed as a supervisor of customer services she opened mail and stole gift cards and debit cards. Investigators identified 214 people whose mail was opened and property stolen.

McAllister commended the U.S. Postal Service-Office of Inspector General and Assistant U.S. Attorney Tris Hunt for their work on the case.

KANSAS CITY, KAN. – A methamphetamine user from Kansas City, Kan., was sentenced Monday to two years in federal prison on firearms charges, U.S. Attorney Stephen McAllister said.

Steven K. Kolojaco, 27, Kansas City, Kan., pleaded guilty to one count of unlawful possession of firearms by a user of controlled substances. In his plea, he admitted he bought at least nine handguns from Cabela’s and Bass Pro stores in Kansas City, Kan., and Olathe. His plan was to use the guns to rob people who he thought had mistreated him. Before he could carry out the plan, however, the guns were stolen from him.

Kolojaco admitted that he used meth daily and he was under the influence of methamphetamine when he bought some of the guns.

McAllister commended the Bureau of Alcohol, Tobacco, Firearms and Explosives and Assistant U.S. Attorney David Zabel for their work on the case.

KANSAS CITY, KAN. – A Mexican citizen who has been deported four times, Jorge Carrillo-Hernandez, 36, was sentenced today to 57 months in federal prison for unlawfully returning to the United States, U.S. Attorney Stephen McAllister said. He was also sentenced to an additional term of 24 months in prison, to be served consecutively, because he was still on supervised release in another case when he unlawfully returned.

Records filed in court prior to his sentencing showed that between 2003 and 2013, he was convicted of aggravated assault, aggravated battery, domestic battery, three times for driving under the influence, and twice in federal court for unlawful re-entry following deportation subsequent to convictions for aggravated felonies.

In the present case, he came to the attention of Immigration and Customs Enforcement after his fourth arrest for DUI in April 2017.

McAllister commended Immigration and Customs Enforcement and Assistant U.S. Attorney Leon Patton for their work on the case.

WICHITA, KAN. – A Kansas City woman was sentenced today to seven years in federal prison for selling heroin to a user who suffered a near-fatal overdose, U.S. Attorney Stephen McAllister said.

Loretta Gilliard, 35, Kansas City, Mo., pleaded guilty to one count of conspiracy to distribute heroin. The investigation began when a user from Overland Park, Kan., bought heroin from Gilliard and then overdosed and lost consciousness. Emergency medical technicians responded and saved the user’s life by administering an opioid reversing agent called Narcan. Investigators learned that Gilliard had sold heroin to the user more than 100 times, usually two to four times a week. Investigators made controlled buys from Gilliard.

McAllister commended the Overland Park Police Department, the Drug Enforcement Administration and Assistant U.S. Attorney Sheri Catania for their work on the case.

WICHITA, KAN. – A Texas man pleaded guilty today to driving a load of cocaine to Kansas, U.S. Attorney Stephen McAllister said.

Ricardo Daniel Ruiz, 20, El Paso, Texas, pleaded guilty to one count of interstate travel in furtherance of drug trafficking. In his plea, he admitted that a police officer in Elkhart stopped him for speeding. A search of the vehicle turned up 6.8 kilos (about 15 pounds) of cocaine wrapped in six bundles and hidden beneath the back seat.

Sentencing is set for Nov. 6. He faces a penalty of up to five years in federal prison and a fine up to $250,000. McAllister commended the Elkhart Police Department, the Drug Enforcement Administration and Assistant U.S. Attorney Alan Metzger for their work on the case.

KANSAS CITY, KAN. – An Overland Park man was sentenced today to 37 months in federal prison for bank robbery, U.S. Attorney Stephen McAllister said.

Richard Armenta, 57, Overland Park, Kan., pleaded guilty to a Nov. 24, 2017, robbery at Capital Federal Savings Bank, 9001 E. Santa Fe in Overland Park. Armenta left the bank with cash, but investigators had two clues: a tattoo of a spider web on his left hand and a blue bicycle he rode to the bank.

On Dec. 2, Overland Park Police officers were called to a disturbance involving Armenta. They identified him from video surveillance of the bank robbery, the tattoo on his hand and a blue bicycle in the back of his pickup.

McAllister commended the Overland Park Police Department, the FBI and Assistant U.S. Attorney Kim Flannigan for their work on the case.

WICHITA, KAN. – A Haysville man was sentenced Friday to 130 months in federal prison for distributing child pornography, U.S. Attorney Stephen McAllister said.

Daniel I. Miller, 35, Haysville, Kan., pleaded guilty to one count of distributing child pornography. In his plea, he admitted he used a file sharing program on his computer to obtain and share videos depicting children engaged in sex acts. A detective working with the Kansas Internet Crimes Against Children Task Force downloaded child porn from Miller’s computer via the Internet.

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

WICHITA, KAN. – A Wichita pharmacist was indicted today on charges of unlawfully dispensing prescription opioids, U.S. Attorney Stephen McAllister said.

Ebube Otuonye, 45, Bel Aire, Kan., pharmacist and owner of Neighborhood Pharmacy at 2251 E. 21st North in Wichita, Kan., is charged with one count of conspiracy unlawfully to dispense prescription drugs, one count of unlawfully dispensing prescription drugs, and two counts of health care fraud.

The indictment alleges Otuonye unlawfully distributed 21,681 tablets of Oxycodone, 48,683 tablets of Methadone, 18,049 tablets of Hydromorphone and 7,890 tablets of Alprazolam. The prescriptions, written by Wichita physician Steven R. Henson, were issued outside the usual course of professional medical practice and without a legitimate medical purpose, the indictment alleges. Henson is set for trial Oct. 2 on charges of unlawfully prescribing prescription drugs.

Today’s indictment alleges Otuonye filled large numbers of prescriptions in return for cash payments. He filled prescriptions for multiple patients presenting at one time or back-to-back and patients from the same family with identical prescriptions. The large quantities should have put him on notice as a pharmacist of the potential danger to customers of abuse or overdose. The indictment alleges Otuonye filled prescriptions that one of his fellow pharmacists refused to fill. It also alleges Otuonye posted a sign at the pharmacy telling customers that they had to have three non-narcotic prescriptions filled in order to have their narcotic prescriptions filled.

The indictment alleges Otuonye defrauded Medicare and Medicaid by submitting claims for illegally filling prescriptions.

The indictment seeks to forfeit more than $122,000 in proceeds from the crimes, as well as Utuonye’s retail pharmacy license and his DEA registration number.

If convicted, Otuonye faces penalties of up to 20 years in federal prison and fines up to $1 million on the drug charges and up to 10 years and a fine up to $250,000 on the health care fraud charges.  

 

The Drug Enforcement Administration investigated. Assistant U.S. Attorney Mona Furst and Special Assistant U.S. Attorney Kimberly Rodebaugh are prosecuting.

 

 

OTHER INDICTMENTS

 

Timothy B. Riggans, 55, is charged with one count of bank robbery. The indictment alleges that on July 30, 2018, he robbed the Emprise Bank at 257 N. Broadway in Wichita. According to court records, Riggins was taken into custody by a bank guard immediately after the robbery.

 

If convicted, he faces up to 20 years in federal prison and a fine up to $250,000. The Wichita Police Department and the FBI investigated. Assistant U.S. Attorney Jason Hart is prosecuting.

        

Addison Lewis, 39, a U.S. Army veteran, and Brandi Lewis, 25, both of Hutchinson, Kan., are charged with one count of conspiracy to defraud the government and two counts of theft of government funds.

 

The indictment alleges Addison Lewis pretended to be blind in order to receive benefits from the Veterans Administration and Social Security. While receiving benefits, he maintained a Kansas driver’s license and was seen operating motor vehicles, a tractor and a lawn mower. It is alleged Brandi Lewis accompanied him to a vision exam and pretended to be guiding him.

 

 If convicted, they face up to five years in federal prison and a fine up to $250,000 on the conspiracy charge and up to 10 years and a fine up to $250,000 on the theft charges. The Veterans Administration – Office of Inspector General and the Social Security Administration – Office of Inspector General investigated. Assistant U.S. Attorney Mona Furst is prosecuting.

 

Juan Carlos Carmona, 36, Houston, Texas, is charged in a superseding indictment with five counts of producing child pornography. The new counts are in addition to an indictment in May that charged him with one count of traveling from Texas to Kansas to have sex with a minor and one count of transporting a minor from Kansas to Texas to have sex with her.

 If convicted, Carmona faces a penalty of not less than 15 years on each production count, up to 30 years in federal prison and a fine up to $250,000 on the travel count and not less than 10 years and a fine up to $250,000 on the transportation count. The FBI investigated. Assistant U.S. Attorney Jason Hart is prosecuting.

 

Ashley N. Wilson, 27, Wichita, Kan., is charged with deliberately failing to deliver mail that was in her custody while she worked as a mail carrier for the U.S. Postal Service. The crime is alleged to have occurred during March through May 2018, in Sedgwick County, Kan.

If convicted, she faces up to five years in federal prison and a fine up to $250,000, The U.S. Postal Service – Office of Inspector General investigated. Assistant U.S. Attorney Aaron Smith is prosecuting.

 

Corey R. Detter, 27, Great Bend, Kan., and Adrian N. Boeck, 32, Great Bend, Kan., are charged with one count of counterfeiting. In addition, Detter is charged with two counts of possessing counterfeit currency. The crimes are alleged to have occurred Jan. 3 and 4, 2018, in Barton County, Kan.

Upon conviction, each count carries a penalty of up to 20 years and a fine up to $250,000. The U.S. Secret Service investigated. Assistant U.S. Attorney Alan Metzger is prosecuting.

 Alejandro Aguilar-Montespioca, 41, a citizen of Mexico, is charged with one count of unlawfully transporting illegal aliens within the United States and one count of unlawfully re-entering the United States after being deported. The crime is alleged to occurred July 7, 2018, when his car was stopped in Haskell County Kan. Three passengers including Julio Castaneda-Ruiz, 34, Mateo Lucas-Pablo, 33, and Cesar Lopez-Perez, 18, are charged with unlawfully re-entering the United States after being deported.

Upon conviction, the transportation count carries a penalty of up to five years in federal prison and a fine up to $250,000, and the other counts carry 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 David Lind 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 pleaded guilty Monday and admitted he was arrested with almost 1.5 pounds of methamphetamine found in both his car and residence, U.S. Attorney Stephen McAllister said.

Edgar Martinez-Quintana, 36, Kansas City, Kan., pleaded guilty to one count of possession with intent to distribute methamphetamine. In his plea, he admitted the Kansas City Kan., Police Department stopped his car on Aug. 25, 2017. They found methamphetamine hidden in a roof console and more than $1,900 in cash. A later search of Martinez-Quintana’s residence by officers uncovered more methamphetamine. 

Sentencing is set for Oct. 29. Both parties have agreed to recommend 10 years in federal prison. McAllister commended the Kansas City, Kan., Police Department, the Drug Enforcement Administration and Assistant U.S. Attorney Jared Maag for their work on the case.

KANSAS CITY, KAN. – A Leawood attorney admitted today that he concealed his assets and income in an effort to keep the Internal Revenue Service from collecting more than $132,000 in taxes he owed, U.S. Attorney Stephen McAllister said.

David B. Mandelbaum, Leawood, Kan., pleaded guilty to one count of tax evasion. In his plea, he admitted he owed more than $132,000 from the 2005, 2006, 2007, 2009 and 2010 tax years. He concealed his assets and income from the IRS by setting up bank accounts under other identities and making false statements. He also kept personal money in a trust account that was supposed to include only funds belonging to clients, in order to hide that money from the IRS.

Sentencing is set for October 29. He faces a penalty of up to three years in federal prison and a fine up to $250,000. He agreed to pay restitution of slightly more than $202,000, which includes penalties and interest. The Internal Revenue Service investigated. Assistant U.S. Attorney Leon Patton is prosecuting.

KANSAS CITY, KAN. – A Texas woman was charged today with escaping from custody at a halfway house where she was serving a sentence for fraud, U.S. Attorney Stephen McAllister said.

Chrystal Rippey, 38, formerly of Marshall, Texas, is charged with one count of escaping federal custody. In May 2015, she was sentenced to five years in federal prison for wire fraud. She pleaded guilty to defrauding a Texas couple who gave her more than $22,000 as part of a plan to adopt her unborn twins. In fact, Rippey lied to the couple and she was not pregnant.  

On July 17, 2018, Rippey turned up missing from the Grossman Residential Reentry Center in Leavenworth, Kan. She was arrested later in Monroe, La.

If convicted, she 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 Chris Oakley is prosecuting.

 

OTHER INDICTMENTS

 

Scott Joseph Skibo, 54, Chetopa, Kan., is charged in a superseding indictment with two new counts, including one count of growing marijuana and one count of unlawful possession of a firearm following a felony conviction. Charges remaining from an earlier indictment include one count of possession with intent to distribute marijuana and one count of possession of a firearm in furtherance of drug trafficking. The crimes are alleged to have occurred Sept. 18, 2017, in Labette County, Kan.

Upon conviction, the crimes carry the following penalties:

          Manufacturing marijuana: Up to five years in federal prison and a fine up to $250,000.

          Possession with intent to distribute marijuana: Up to 20 years and a fine up to $250,000.

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

The Kansas Bureau of Investigation, the Labette County Sheriff’s Department and the Chetopa Police Department investigated. Special Assistant U.S. Attorney Kimberly Rodebaugh is prosecuting

Carlos Jaquez-Terrazas, 33, who is not a citizen of the United States, is charged with one count of possessing a firearm while in the United States unlawfully. The crime is alleged to have occurred July 18, 2018, in Sedgwick County, Kan.

If convicted, he faces a penalty up to 10 years in federal prison and a fine up to $250,000. A deportation officer with Immigration and Customs Enforcement investigated. Assistant U.S. Attorney Debra Barnett is prosecuting.

Jose Vincente Lira-Ramirez, 44, a citizen of Mexico, is charged with unlawfully re-entering the United States after being deported. He was found July 1, 2018, in Sedgwick County, Kan.

If convicted, he faces up to 10 years in federal prison and a fine up to $250,000. A deportation officer with Immigration and Customs Enforcement investigated. Assistant U.S. Attorney Debra Barnett is prosecuting.

 

 Ignacio Hernandez-Mendez, 48, who is not a citizen of the United States, is charged with unlawfully re-entering the United States after being deported. He was found June 27, 2018, in Wyandotte County, 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 Scott Rask is prosecuting.Pedro Carrera-Ramos, 27, who is not a citizen of the United States, is charged with unlawfully re-entering the United States after being deported. He was found July 12, 2018, in Johnson County, 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 Scott Rask is prosecuting.

Carlos Ramirez-Reyes, 41, a citizen of Mexico, is charged with unlawfully re-entering the United States after being deported. He was found May 7, 2018, in Sedgwick County, Kan.

If convicted, he faces up to 10 years in federal prison and a fine up to $250,000. A deportation officer with Immigration and Customs Enforcement investigated. Assistant U.S. Attorney Debra Barnett is prosecuting.

Marco Antonio Cardenas-Rodriguez, 40, a citizen of Mexico, is charged with 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. A deportation officer with Immigration and Customs Enforcement investigated. Assistant U.S. Attorney Debra Barnett is prosecuting.

 

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

 

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WICHITA, KAN. – A former Wichita police officer pleaded guilty today and admitted he knew about illegal poker games, U.S. Attorney Stephen McAllister said.

Bruce Mackey, 46, Goddard, Kan., pleaded guilty to one count of misprision of a felony. Mackey admitted that while he was a police officer he knew and did not report individuals who were conducting a gambling business. During an illegal poker game in February 2014, Mackey told the organizers of the game that one of the gamblers was a Wichita police officer working undercover.

Sentencing is set for Oct. 26. He faces a penalty of up to three years in federal prison and a fine up to $250,000. The Wichita Police Department and the FBI investigated. Assistant U.S. Attorney Aaron Smith and Assistant U.S. Attorney Mona Furst are prosecuting.

WICHITA, KAN. -  A Wichita woman pleaded guilty today to prying open a display case and stealing guns from a local store, U.S. Attorney Stephen McAllister said.

Chaelyn Nichole Aaron, 28, Wichita, Kan., pleaded guilty of one count of theft of firearms. In her plea, she admitted the crime occurred March 28, 2018, at an Atwoods store at 6235 N. Broadway. Aaron went into the store and used a small red crowbar to pry open a display case. She took seven handguns from the case and left the store.

Sentencing is set for Oct. 24. She faces a penalty of up to 10 years in federal prison and a fine up to $250,000. McAllister commended the Bureau of Alcohol, Tobacco, Firearms and Explosives and Assistant U.S. Attorney Matt Treaster for their work on the case.

WICHITA, KAN. – A Wichita man pleaded guilty in federal court today to making a deal to buy two tiger pelts in violation of the federal Lacey Act, U.S. Attorney Stephen McAllister said.

Ret Thach, 38, Wichita, Kan., pleaded guilty to one count of violating the Lacey Act, which prohibits interstate sale or purchase of animals that are covered by the Endangered Species Act.

In his plea, Thach admitted he made an agreement to pay $8,000 for two tiger pelts to be delivered to him in Wichita. Thach also agreed to pay traveling expenses for a seller from Wisconsin to drive to Wichita to deliver the pelts. Thach did not know that the seller was an agent of the U.S. Fish and Wildlife Service working undercover.

According to court records, the agent informed Thach that selling the pelts across state lines was “absolutely illegal.” Thach told the agent he already owned “a lion and a lot of bears” and wanted to go ahead with the deal to buy the tiger pelts. Thach said he wanted the pelts for his home office.

Sentencing is set for Oct. 26. Thach faces a penalty of up to five years in federal prison and a fine up to $250,000. The U.S. Fish and Wildlife Service investigated. Assistant U.S. Attorney Matt Treaster is prosecuting.

 

TOPEKA, KAN. - A Topeka man was sentenced Monday to 10 years in federal prison for possessing thousands of images of child pornography, U.S. Attorney Stephen McAllister said.

Ryan J. Singleton, 36, Topeka, Kan., pleaded guilty to one count of possessing child pornography. In his plea, he admitted emailing child pornography to a user who lived in Nashville. Investigators followed an electronic trail back to Singleton’s home in Topeka. They found more than 2,000 images and more than 6,000 videos of child pornography Singleton had stored on electronic devices.

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

KANSAS CITY, KAN. - A Mexican man was sentenced Monday to 12 years in federal prison for his role in smuggling more than 1,000 pounds of liquid methamphetamine into Kansas City, Kan., U.S. Attorney Stephen McAllister said.

Fernando Chavez-Rodriguez, 43, a citizen of Mexico, pleaded guilty to one count of conspiracy to possess with intent to distribute methamphetamine. He was arrested Jan. 13, 2017. Federal agents watched him and others at a business in Kansas City, Kan., unload liquid methamphetamine from a fuel tank on a semi-truck into five-gallon buckets. They loaded the buckets into a white Dodge Caravan.

McAllister commended the Drug Enforcement Administration, the Kansas City DEA Special Response Team, the Kansas City, Kan., Police Department and Assistant U.S. Attorney Greg Hough for their work the case.

WASHINGTON – Adam W. Purinton, of Olathe, Kansas, was sentenced today to life in prison without the possibility of parole for the February 2017 killing of Indian national Srinivas Kuchibhotla, and shooting of two other men – Indian national Alok Madasani and Kansas resident Ian Grillot – at Austins Bar & Grill in Olathe, announced Attorney General Jeff Sessions, Acting Assistant Attorney General John Gore of the Civil Rights Division, U.S. Attorney Stephen R. McAllister of the District of Kansas, and FBI Kansas City Special Agent in Charge Darrin Jones.

Earlier this year, Purinton pleaded guilty in federal court to hate crime and firearm offenses arising out of the shooting. At his federal guilty-plea hearing, Purinton admitted in open court that he targeted and shot Kuchibhotla and Madasani because of their race, color, and national origin, and that he shot Grillot during an attempt to flee the scene of the crime. Purinton has also pleaded guilty in state court to charges of murder and attempted murder, and has been sentenced to a term of life imprisonment in state prison.

Sunayana Dumala, the widow of Srinivas Kuchibhotla, addressed Purinton in her victim-impact statement: “My husband was more than what you chose to address him as. Always kind, caring, and respectful to others. Srinu and I came to the United States of America full of dreams and aspirations. . . . Now, my American Dream – and that of Srinu’s – is broken. If you could have kept your anger inside and spoke to my husband softly, Srinu would have been more than happy to share his background and help you understand that not every brown skinned person is suspicious or evil, but kind, smart and contributing to America. Instead you chose to rage and bully in anger and when you were stopped, you decided to take their lives. . . . [U]se the time that is being given to you to educate yourself and inform others who are still out in the open and stop them from killing innocent people as you did - choosing violence over kindness.”

"The crimes at issue in this case are detestable," Attorney General Sessions said. "The defendant acted with clear premeditation in murdering one man, and attempting to murder a second man, simply because of their race, religion, and national origin. As a result, a promising young life has been tragically cut short, and other lives have been filled with suffering. Securing this sentence is important not only to the victims and their loved ones, but also to our justice system and our nation as a whole. I want to thank the FBI, our fabulous DOJ attorneys Tris Hunt, David Zabel, and Christopher Perras, as well as our partners at the Olathe Police Department for their hard work on this case. While we cannot undo the irreparable harm that this defendant has done, some measure of justice for the victims' families has been achieved. Such hateful crimes will remain a priority for the Department of Justice."

"No matter who you are, what you believe, or how you worship, you should be able to live without fear of becoming a victim of hate crimes. We hope today's sentencing brings some closure for the victims and their families," said U.S. Attorney Stephen McAllister for the District of Kansas.

"Today's sentencing speaks to the gravity of this senseless crime and reaffirms the FBI's continued commitment to bring those responsible to justice," said FBI Kansas City Special Agent in Charge Darrin Jones. 

This case was investigated jointly by the Olathe (KS) Police Department and the Kansas City Division of the Federal Bureau of Investigation.  This case was prosecuted by Assistant United States Attorneys Tris Hunt and David Zabel of the District of Kansas, and Trial Attorney Christopher J. Perras of the Justice Department’s Civil Rights Division.

WICHITA, KAN. – A Wichita man was indicted Wednesday on charges of robbing a Quik Trip, U.S. Attorney Stephen McAllister said.

Samuel L. Vliet, 25, Wichita, Kan., is charged with one count of committing a robbery at a commercial establishment. In court documents, investigators allege that on July 18, 2018, Vliet was wearing a red bandana over his mouth when he entered a Quik Trip at 110 S. Rock Road in Wichita. He told a store employee, “Give me all the money in the register.”

Later, police lifted fingerprints from a door that the store employee said the robber touched as he left. A forensic examination using the Automated Fingerprint Identification System (AFIS) matched the fingerprint to Vliet.

If convicted, he faces up to 20 years in federal prison and a fine up to $250,000. The FBI’s Safe Streets Task Force investigated. Special Assistant U.S. Attorney Kimberly Rodebaugh is prosecuting.

OTHER INDICTMENTS

Gregory Ojeda, 30, Kansas City, Kan., is charged with escaping custody. The crime is alleged to have occurred May 13, 2018, while Ojeda was serving home confinement at a residence in Kansas City, Kan., after being convicted of unlawful possession of a firearm by a convicted felon.

If convicted, she 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 Chris Oakley is prosecuting.

 

 Venancio Santiago-Marcelino, 43, who is not a U.S. citizen and who has been living in Mission, Kan., is charged with unlawfully re-entering the United States after twice being deported. He was found July 12, 2018, in Johnson County 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 Scott Rask is prosecuting.

 

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

Yesterday, a federal judge found Ahmed el-Sherif, the owner, operator, and radiation safety officer for Beta Chem Laboratory in Lenexa, Kansas, guilty of illegally storing hazardous waste in violation of the Resource Conservation and Recovery Act, announced Acting Assistant Attorney General Jeffrey H. Wood for the Justice Department’s Environment and Natural Resources Division, U.S. Attorney Stephen R. McAllister for the District of Kansas, and Jessica Taylor, Director of the Criminal Investigation Division of the U.S. Environmental Protection Agency (EPA).  

The Honorable Julie A. Robinson issued a written verdict following the trial, which took place in February 2018. El-Sherif wanted, and was permitted, to waive his right to a jury trial and the case was heard by Judge Robinson in what is known as a “bench trial.”

El-Sherif, a trained chemist of Leawood, Kansas, started Beta Chem in the mid-1990s after having worked at several other radioactive synthesis laboratories. He used radioactive Carbon-14 and solvents in his operation, under license by the Kansas Department of Health and Environment (KDHE). KDHE has assumed regulatory authority for these purposes from the U.S. Nuclear Regulatory Commission under the Atomic Energy Act. 

After Beta Chem was unable to provide KDHE with the required financial assurances regarding decommissioning the lab in the event that it was closed, KDHE inspected Beta Chem and discovered extensive radioactive contamination throughout the laboratory, including some parts of the lab with levels so high their instruments could not accurately read them. The radioactive contamination extended to the laboratory furniture, the equipment, including refrigerators, and containers of chemicals that were supposed to be non-radioactive. The next day, KDHE issued an Emergency Order of Suspension of License.  

EPA conducted a hazardous waste inspection the same month, and subsequently notified el-Sherif of hazardous waste violations under the Resource Conservation and Recovery Act (RCRA). EPA also informed el-Sherif of his legal obligation to properly manage hazardous waste under RCRA. During the ensuing years, KDHE communicated with el-Sherif about the radioactive contamination at Beta Chem and they entered into a consent agreement in which he agreed to come up with a plan to remediate and dispose of the radioactive waste. While he engaged a number of consultants, el-Sherif never took any action to actually clean up the lab. 

On October 4, 2013, after issuing an Emergency Order to Seize and Secure Radioactive Materials, KDHE took control of Beta Chem and secured the facility. EPA’s Criminal Investigation Division, assisted by the Federal Bureau of Investigation, executed a search warrant at Beta Chem on January 22, 2014, where agents discovered numerous containers containing hazardous wastes and contaminated with radiation. EPA determined there to be 1,138 containers at the lab, of which 886 had intact manufacturer labels with no handwriting, which showed many of those to be hazardous. The other containers were field tested for hazardous characteristics before being disposed of. In total, EPA determined there to be over two hundred pounds of hazardous waste, some of which was acute hazardous waste. All of the containers tested were radioactive, and forty-five percent of the contents tested were radioactive. 

EPA’s Superfund program spent over $760,000 to remove and dispose of the hazardous waste.  

“The public expects and deserves that those in the business of using dangerous radioactive materials do so in compliance with law,” said Acting Assistant Attorney General Jeffrey H. Wood for the Justice Department’s Environment and Natural Resources Division. “This defendant breached that trust, deliberately disobeyed the law, and ignored requests by KDHE and EPA to bring his laboratory into compliance with statutes and regulations designed to protect the public and the environment.” 

“For years, the defendant knowingly stored hazardous waste with no regard to the serious public health and environmental dangers it posed,” said Special Agent in Charge of EPA’s criminal enforcement program for the EPA Regions covering Kansas Jeff Martinez. “Even when told to stop his dangerous practice, Mr. el-Sherif continued to ignore the risks. Yesterday’s guilty verdict should send a clear message that EPA will hold accountable those who willfully violate the law.”

Acting Assistant Attorney General Wood and U.S. Attorney McAllister thanked the U.S. EPA and the FBI for their work in this investigation. This case is being prosecuted by the Environmental Crimes Section of the Department of Justice.  Senior Counsel Krishna S. Dighe and Trial Attorney John E. Arbab with the Department of Justice’s Environmental Crimes Section in Washington, D.C., aided by Assistant U.S. Attorney Anthony Mattivi, are in charge of the prosecution.

TOPEKA, KAN. – A Topeka man was sentenced today to 14 years in federal prison for driving the getaway car during an armed robbery, U.S. Attorney Stephen McAllister said.

Jermaine Tyrell Patton, 30, Topeka, Kan., pleaded guilty to one count of aiding and abetting a commercial robbery and one count of aiding and abetting an armed robbery.

In his plea, Patton admitted taking part in a Nov. 5, 2016, robbery at Oakmark Convenience Store at 2518 N.E. Seward Avenue in Topeka. Patton’s accomplice, who was carrying a firearm, entered the store and demanded money. Patton was behind the wheel of a blue PT Cruiser when he and the robber fled the scene. When police stopped the car, both men fled on foot. Patton was quickly arrested.

The other man, Christopher Curtis Harris of Topeka, was arrested and charged in Shawnee County District Court with shooting Topeka Police Detective Brian Hill when Hill tried to arrest him. Harris was convicted and sentenced to life.

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 Kansas City man was sentenced today to 65 months in federal prison for robbing a bank in Bonner Springs, U.S. Attorney Stephen McAllister said.

Timothy Karpovich, 39, Kansas City, Mo., pleaded guilty to one count of bank robbery. An affidavit filed in the case alleged that Karpovich robbed the KCB Bank at 13010 Commercial in Bonner Springs. He gave the teller a handwritten note that read, “This is a robbery.” After the teller complied with the demand, Karpovich took the money, and fled the bank on foot.

Police received a tip that the robber gambled regularly at Harrah’s Casino in North Kansas City, Missouri. Casino employees identified Karpovich from a bank surveillance photo. He was arrested without incident at the casino.

McAllister commended the FBI, the Bonner Springs Police Department, the Missouri Highway Patrol Gaming Division and Assistant U.S. Attorney Trent Krug for their work on the case.

KANSAS CITY, KAN. – A California man pleaded guilty today to unlawfully selling copyrighted aviation data updates, U.S. Attorney Stephen McAllister.

Craig M. Vincent, 51, Stockton, Calif., pleaded guilty to one count of criminal infringement of a copyright.

In his plea, Vincent admitted he used eBay to resell aviation navigational database updates in violation of Jeppesen Company’s licensing agreement for a trademarked product called NavData. Jeppesen is a Boeing subsidiary. Jeppesen’s NavData includes airport information, runway characteristics, waypoints, arrival routes, departure routes, terminal procedures and general information that a Global Positioning System or flight management computer needs to navigate an airplane to final destination.

Jeppesen sold NavData subscriptions to Kansas-based Garmin, Inc. Garmin received a commission from the sales of Jeppesen data sets. Doing business as Merlin Enterprises, Vincent sold NavData cards and required customers to return old data cards to him.

Sentencing is set for Oct. 15. He faces up to five years in federal prison and a fine up to $250,000. The FBI investigated. Assistant U.S. Attorney Chris Oakley is prosecuting.

 

WASHINGTON – A Lindsborg, Kansas man who traveled to the Philippines and had sex with minor females there pleaded guilty to three counts of production of child pornography.

Assistant Attorney General Brian A. Benczkowski of the Justice Department’s Criminal Division and U.S. Attorney Stephen R. McAllister of the District of Kansas made the announcement.

Anthony Shultz, 55, helicopter pilot, was charged by complaint in July 2016 and pleaded guilty before U.S. District Judge Eric F. Melgren of the District of Kansas. Sentencing is scheduled for December 6, 2018.

According to admissions made in conjunction with the guilty plea, Shultz engaged in sex acts with minor females in the Philippines.  He videotaped his sexual encounters with two minors and transported the videos to his home in Kansas.  One of the girls was only 12 years old at the time; the other was 15 years old.  In one of the videos, Shultz is seen giving the 15-year-old money after having sex with her.  Shultz also produced child pornography of an 8-year-old girl in the Philippines by communicating on Skype with the child’s mother and directing the mother to expose the child’s genitals and live-stream it on web camera. 

The FBI investigated the case. Trial Attorney Lauren E. Britsch of the Criminal Division’s Child Exploitation and Obscenity Section (CEOS) and Assistant U.S. Attorney Jason Hart of the District of Kansas prosecuted the case.

This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by U.S. Attorneys’ Offices and CEOS, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.

A Lindsborg, Kansas man who traveled to the Philippines and had sex with minor females there pleaded guilty to three counts of production of child pornography. 

Assistant Attorney General Brian A. Benczkowski of the Justice Department’s Criminal Division and U.S. Attorney Stephen R. McAllister of the District of Kansas made the announcement.

Anthony Shultz, 55, helicopter pilot, was charged by complaint in July 2016 and pleaded guilty before U.S. District Judge Eric F. Melgren of the District of Kansas. Sentencing is scheduled for December 6, 2018.

According to admissions made in conjunction with the guilty plea, Shultz engaged in sex acts with minor females in the Philippines.  He videotaped his sexual encounters with two minors and transported the videos to his home in Kansas.  One of the girls was only 12 years old at the time; the other was 15 years old.  In one of the videos, Shultz is seen giving the 15-year-old money after having sex with her.  Shultz also produced child pornography of an 8-year-old girl in the Philippines by communicating on Skype with the child’s mother and directing the mother to expose the child’s genitals and live-stream it on web camera.  

The FBI investigated the case. Trial Attorney Lauren E. Britsch of the Criminal Division’s Child Exploitation and Obscenity Section (CEOS) and Assistant U.S. Attorney Jason Hart of the District of Kansas prosecuted the case.

This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by U.S. Attorneys’ Offices and CEOS, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.

WICHITA, KAN. – A Wichita lawyer and a computer software engineer were charged today in a federal indictment alleging they were responsible for cyberattacks on web sites that posted information critical of the lawyer’s work, U.S. Attorney Stephen McAllister said.

Wichita Attorney Bradley A. Pistotnik, 62, and David Dorsett, 36, Wichita, Kan., are charged with five counts of computer fraud and two counts of conspiracy. In addition, Pistotnik is charged with three counts of making false statements to the FBI.

The indictment alleges Pistonik and Dorsett are responsible for cyberattacks on Leagle.com, Ripoffreport.com and JaburgWilk.com. The indictment alleges Dorsett filled the web site’s in-boxes with threats.

One of the emails read: “Remove this page and we stop” and “if you don’t remove it we will begin targeting your advertisers and explain that this will stop happening to them once they pull their ads from leagle.com or leagle.com kills this page.”

The indictment alleges that when an FBI agent questioned Pistotnik he made false statements including:

• • Pistotnik claimed Dorsett told him about a negative posting on Riffoffreport.com and offered to remove it. In fact, Pistotnik told Dorsett about the negative posting and said to Dorsett, “tell me how to get rid of it.”
• • Pistotnik claimed that it was a week after Dorsett told him the negative posting had been removed that an attorney for Ripoffreport.com contacted him. In fact, the company’s attorney contacted Pistotnik during the attack and before Pistotnik paid Dorsett for his services.
• • Pistotnik claimed he received two emails from Dorsett relating to the attack on Ripoffreport. In fact, he received four such emails, including an invoice for the attack and one referencing the invoice as well as the method used to make the attack.

 

Upon conviction, the crimes carry the following penalties:

          Computer fraud: Up to five years in federal prison and a fine up to $250,000 on each count.

          Conspiracy: Up to 10 years and a fine up to

$250,000.

          Making false statements: Up to five years and a fine up to $250,000 on each count.

          The FBI investigated. Assistant U.S. Attorney Jason Hart is prosecuting.

 

OTHER INDICTMENTS

 

In a superseding indictment that adds three new counts, Shane M. Gaskill, 20, Wichita, Kan., is charged with two additional counts of wire fraud and one additional count of making a false statement to the FBI.

On May 23, an indictment was unsealed charging Gaskill with count of obstruction of justice, one count of conspiracy to obstruct justice and one count of wire fraud. The indictment alleged co-defendant Casey Viner recruited co-defendant Tyler Barriss to make a false call to emergency dispatchers in Wichita aimed at “swatting” Gaskill. As a result, Wichita police responded to what they believed was an emergency involving a fatal shooting at 1033 McCormick.

The new counts allege that after police responded to 1033 McCormick, Gaskill sent two more messages to Barriss. One said: “Do you wanna try again?” In the other message, Gaskill gave Barriss an IP address Gaskill claimed Barriss could use to launch another swatting assault on him. The indictment alleges the IP address did not belong to Gaskill, and Gaskill knew it was not his IP address. Further, it is alleged that when Gaskill was questioned by law enforcement about daring Barriss to “try again” and giving Barriss an IP address, Gaskill falsely told the officer that the IP address was one of his “old” IP addresses. In fact, the IP address belonged to another person in Kansas.

Upon conviction, the new counts carry the following penalties:

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

          Making a false statement to the FBI: Up to five years and a fine up to $250,000 on each count.

The FBI and the Wichita Police Department investigated. U.S. Attorney Stephen McAllister and Assistant U.S. Attorney Debra Barnett are prosecuting.

 

**

 

Michael D. Golightley, 34, Larned, Kan., is charged with seven counts of damaging a protected computer and one count of threatening to damage a protected computer. The crimes are alleged to have occurred in March 2017 in Ellis County, Kan.

The indictment alleges Golightley hired an entity known as DDosCity to carry out a series of denial-of-service attacks against computers served by an internet service provider called Nex-Tec. Nex-Tec provided backup and monitoring Service for Ellis County’s Emergency Medical Service administrative voice lines, Russell County’s hospital voice lines, the Quinter hospital’s voice lines, the Grove County Sheriff’s administrative voice lines, the Russell County Sheriff’s administrative voice lines and the administrative voice lines for the police and fire departments of Russell County.

The indictment alleges Golightley sent an e-mail to Nex-Tec stating: “Take down my ad again when my description doesn’t violate copyright (and) I will violate this site by bringing it offline.”

If convicted, he faces up to five years and a fine up to $250,000 on each of the counts. The FBI investigated. Assistant U.S. Attorney Alan Metzger is prosecuting.

 

**

Christian Delgado-Lopez, 29, Dana Point, Calif., is charged with possessing with intent to distribute more than 29 pounds of methamphetamine. The crime is alleged to have occurred June 5, 2018 in Meade County, Kan.

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

 

**

In a superseding indictment, Bogdana Alexandrovna Mobley, 37, a citizen of Russia, is charged with four new counts alleging she made threats to her ex-husband in an attempt to extort money from him.

In October 2017 Mobley was indicted on a charge of international kidnapping. The indictment alleged her ex-husband had full legal custody of her two youngest children when she unlawfully took the children to Russia. According to court records, in Skype conversations with her ex-husband she told him to give her money if he wanted to talk to the children.

 If convicted on the additional counts, she faces up to 20 years in federal prison and a fine up to $250,000 on each count. The FBI investigated. Assistant U.S. Attorney Jason Hart is prosecuting.

 

**

Nelson B. Tolentino-Alas, 41, a citizen of El Salvador, is charged with unlawfully re-entering the United States after being convicted of an aggravated felony and deported. He was found June 22, 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 Debra Barnett is prosecuting.

Lilia Urquidez-Sanchez, 24, a citizen of Mexico, is charged with unlawfully re-entering the United States after being convicted of an aggravated felony and deported. He was found June 19, 2018, in Gray 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 Debra Barnett is prosecuting.

 

**

Elias Castro-Coj, 42, a citizen of Guatemala, is charged with unlawfully re-entering the United States after being convicted of an aggravated felony and deported. He was found March 3, 2018, in Stanton 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 Debra Barnett is prosecuting.

 

**

Eric Staal, 23, Wichita, Kan., is charged in a superseding indictment with one count of possession with intent to distribute methamphetamine and one count of possession with intent to distribute marijuana. The crimes are alleged to have occurred April 28, 2018, in Butler County, Kan.

If convicted, he faces not less than 10 years in federal prison and a fine up to $10 million on the methamphetamine charge and up to five years and a fine up to $250,000 on the marijuana charge. The Drug Enforcement Administration investigated. Special Assistant U.S. Attorney Kimberly Rodebaugh is prosecuting.

 

**

Daniel Wayne Woydziak, 33, Wichita, Kan., is charged in a superseding indictment with one count of possession with intent to distribute methamphetamine, one count of unlawful possession of a firearm following a felony conviction and one count of unlawful possession of ammunition following a felony conviction. The crimes are alleged to have occurred in February and June 2018 in Sedgwick County, Kan.

 

If convicted, he faces not less than five years and not more than 40 years and a fine up to $5 million on the methamphetamine charge, and up to 10 years and a fine up to $250,000 on each firearm count. The Bureau of Alcohol, Tobacco, Firearms and Explosives investigated. Special Assistant U.S. Attorney Kimberly Rodebaugh is prosecuting.

**

Staci Holtsclaw, 34, Wichita, Kan., and Randy Southern, 22, Wichita, Kan, are charged with one count of possession with intent to distribute methamphetamine and three counts of unlawful possession of firearms following a felony conviction. The crimes are alleged to have occurred May 5, 2018, in Sedgwick County, Kan.

If convicted, they face not less than 10 years in federal prison and a fine up to $10 million on the methamphetamine charge and up to 10 years and a fine up to $250,000 on each firearm count. The Sedgwick County Sheriff’s Office investigated. Special Assistant U.S. Attorney Kimberly Rodebaugh is prosecuting.

 

 

**

 

Alfredo Nino-Cruz, 29, a citizen of Mexico, is charged in a superseding indictment with one count of unlawfully re-entering the United States after being convicted of an aggravated felony and deported (count one), three counts of bank fraud (counts two, four and six), three counts of aggravated identity theft (counts three, five and seven), one count of unlawful possession of a firearm following a felony conviction (count eight), one count of unlawful possession of ammunition following a felony conviction (count nine) and one count of unlawful possession of a firearm by a person unlawfully in the United States (count 10).

 

Upon conviction, crimes carry the following penalties:

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

          Counts two, four and six: Up to 30 years and a fine up to $1 million.

          Counts three, five and seven: A mandatory two years (consecutive).

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

The Drug Enforcement Administration investigated. Assistant U.S. Attorney Lanny Welch is prosecuting.

 

**

 

Amanda Patrick, 32, Haysville, Kan., is charged with one count of theft by a postal employee. It is alleged she stole a gift card and cash from the mail. The crimes are alleged to have occurred in December 2017 and May 2018 in Sedgwick County, Kan.

 

If convicted, she faces up to five years in federal prison and a fine up to $250,000. The U.S. Postal Service 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.

TOPEKA, KAN. – A Topeka man was sentenced to two years in federal prison for a burglary at a gun store, U.S. Attorney Stephen McAllister said.

Darnell Tyree-Peppers, 19, Topeka, Kan., pleaded guilty to one count of theft of firearms from a federally licensed gun dealer. In his plea, he admitted that on July 23, 2017, he and another person broke into Integrity Gun and Pawn, 1949 SW Gage. Surveillance video showed two burglars wearing masks, hooded shirts and gloves smashed the front window of the store. They went straight to a gun case and grabbed eleven handguns before fleeing the scene. The stolen firearms included 9 mm pistols and 40-caliber pistols.

On Aug. 7, 2017, the Nevada Highway Patrol stopped a car in Nevada and seized a Walther .40-caliber pistol that was determined to be one of the stolen guns. Investigators later identified Tyree-Peppers and a juvenile as burglars.

McAllister commended the Topeka Police Department, the Nevada Highway Patrol, the Bureau of Alcohol, Tobacco, Firearms and Explosives and Assistant U.S. Attorney Duston Slinkard for their work on the case.

TOPEKA, KAN. – A Topeka man was sentenced today to nine years and two months in federal prison for escaping from federal custody and robbing a bank before he was recaptured, U.S. Attorney Stephen McAllister said.

Daniel Lee Dukewits, 40, Topeka, Kan., pleaded guilty to one count of escape from custody and one count of bank robbery. In 2010, Duke was sentenced to 125 months in federal prison for armed robbery. In 2017, he was living at the Mirror Inc. residential re-entry center in Topeka where the Bureau of Prisons had placed him. On Nov. 4, 2017, he turned up missing and his GPS tracking device was found in a trash can in his room.

On Nov. 15, 2017, Dukewits went into the Azura Credit Union at 3623 SE 29th Street in Topeka and demanded money. He was arrested within minutes of the robbery after a pursuit during which he rammed a police car.

McAllister commended the Topeka Police, the U.S. Marshals Service and Assistant U.S. Attorney Duston Slinkard for their work on the case.

WICHITA, KAN. – A federal jury on Thursday convicted a Wichita man on charges of distributing methamphetamine, U.S. Attorney Stephen McAllister said.

Ashton B. Malone, 34, Wichita, Kan., was convicted on two counts of distributing methamphetamine. During trial, the prosecutor presented evidence that in May and June 2017 Malone twice sold more than 41 grams of methamphetamine to an undercover investigator.

The case was part of a yearlong, multi-county investigation by the Kansas Bureau of Investigation into methamphetamine trafficking in south central Kansas.

Malone is set for sentencing Sept. 24. He faces a penalty of not less than five years and not more than 40 years in federal prison and a fine up to $250,000 on each count. McAllister commended the Park City Police Department, the KBI and Assistant U.S. Attorney Mona Furst for their work on the case.

KANSAS CITY, KAN. – Two Kansas men were indicted Wednesday in separate cases on charges of distributing child pornography, U.S. Attorney Stephen McAllister said.

 

Brian Fuchs, 48, Lawrence, Kan., is charged with one count of distributing child pornography and one count of possessing child pornography. The indictment alleges Fuchs used a peer-to-peer network to share child pornography with other users.

 

If convicted, he faces not less than five years in federal prison and a fine up to $250,000 on the distribution charge, and up to 10 years and a fine up to $250,000 on the possession charge.

 

The FBI investigated. Assistant U.S. Attorney Kim Flannigan is prosecuting.

 

Duane Allen, 54, Leavenworth, Kan., is charged with one count of distributing child pornography and one count of possessing child pornography. The indictment alleges Allen used a peer-to-peer network to share child pornography with other users.

 

If convicted, he faces not less than five years in federal prison and a fine up to $250,000 on the distribution charge, and up to 10 years and a fine up to $250,000 on the possession charge.

 

The FBI investigated. Assistant U.S. Attorney Kim Flannigan is prosecuting.

 

Both cases are being prosecuted under the Justice Department’s Project Safe Childhood (PSC) initiative. For more information, see the PSC web site at https://www.justice.gov/psc   

 

OTHER INDICTMENTS

         

Ricky Stevens, 29, Kansas City, Mo., is charged with two counts of stealing gift cards from the mail while he worked for the U.S. Postal Service. The crimes are alleged to have occurred in 2015 and 2016 in Johnson County, Kan.

 

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

 

Diego Cesar Oyarzun Ruiz, 29, and Jonathan Sebastian Zuniga Contreras, 22, both citizens of Chile who are being held in the Johnson County Adult Detention Center, are charged with one count of conspiracy to commit wire fraud. In addition, Oyarzun Ruiz is charged with one count of aggravated identity theft. The indictment alleges they used stolen credit cards to buy electronic devices at retail stores, including a Best Buy in Overland Park, Kan.

 

If convicted, they face up to 20 years in federal prison and a fine up to $250,000 on the wire fraud charge and two years (consecutive) on the identity theft charge. The U.S. Secret Service investigated. Assistant U.S. Attorney Chris Oakley is prosecuting.

 

Charles W. Ochlech, 46, who is in the custody of the Bureau of Prisons, is charged with assaulting another inmate at Leavenworth Penitentiary in April 2014.

 

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 Chris Oakley and Assistant U.S. Attorney Trent Krug are prosecuting.

 

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

TOPEKA, KAN. – Former Kansas Highway Patrol Trooper James Carson was sentenced today to nine months in prison for violating an individual’s civil rights by using excessive force, said U.S. Attorney Stephen McAllister.

Carson pleaded guilty to one count of violating civil rights in his capacity as a law enforcement officer. In his plea, he admitted he used unreasonable force against a man he arrested, R.T. Carson conducted a lawful arrest and then transported R.T. to the Labette County Jail, where at least five other law enforcement officials were present. As Carson removed R.T. from the patrol vehicle and escorted him into the booking area, R.T.’s hands were cuffed behind his back. Without warning, Carson kicked the legs out from underneath R.T., causing R.T. to crash down on his back onto the floor.  Carson admitted in court that he used force against R.T. for the purpose of punishment and not for a legitimate law enforcement purpose.

As part of the plea agreement, Carson agreed to surrender his law enforcement credentials and never again accept any employment related to law enforcement.

McAllister commended FBI, the Kansas Bureau of Investigation,  Assistant U.S. Attorney Jared Maag of the United States Attorney’s Office and Trial Attorney Rose Gibson of the Civil Rights Division’s Criminal Section for their work on the case.

KANSAS CITY, KAN. – A Coffeyville woman pleaded guilty to stealing $150,000 from a customer at a bank where she worked, U.S. Attorney Stephen McAllister said.

Phyllis Lanning, 61, Coffeyville, Kan., pleaded guilty to one count of mail fraud. She admitted that while she worked for Condon National Bank in Coffeyville, Kan., she created and mailed falsified documents in order to conceal the fact she stole $150,000 from a customer’s account. She diverted legitimate monthly statements to a postal box in Bartlesville, Okla., that she controlled. She prepared counterfeit statements and mailed them to the owner of the account. The theft was discovered after the owner of the account died and family members took control of the account.

Sentencing is set for September 24. She faces a penalty of up to 20 years in federal prison and a fine up to $250,000. McAllister commended the FBI and Assistant U.S. Attorney Alan Metzger for their work on the case.

 

MANHATTAN, KAN. – U.S. Attorney Stephen McAllister will open the 2018 Human Trafficking Conference July 10 in Manhattan, Kan.

McAllister will speak at 8 a.m. Tuesday at the Manhattan Conference Center, 410 S. 3rd Street in Manhattan, to begin the two-day event. About 200 victim service providers, prosecutors, healthcare professionals, educators and law enforcement officers from across the state are registered to attend. The U.S. Attorney’s office is co-sponsoring the event with the Kansas Attorney General’s Office, the Riley County Attorney’s Office, the Kansas Law Enforcement Training Center and the Wichita State Midwest Criminal Justice Institute.

“What we all have in common is our desire to prevent human trafficking, to prosecute traffickers and to help survivors reclaim their lives and their freedom,” McAllister said.

The keynote speaker on Tuesday morning will be Peter Qualliotine of King County, Washington, where he is director of Men’s Accountability, Organization for Prostitution Services. He will describe his work with men who buy sex in a 10-week sex-buyer intervention program called Stopping Sexual Exploitation: A Program for Men.

In a presentation on the federal response to human trafficking, speakers from the Human Trafficking Unit of the Justice Department’s Civil Rights Division will discuss working with trafficking victims.

There is a $50 charge to attend and participants must register in advance. For more information, call Kim Reese at 316-617-2734.

KANSAS CITY, KAN. – A Minnesota man was charged Monday with kidnapping a 13-year-old Kansas girl and taking her to St. Paul, U.S. Attorney Stephen McAllister said.

Dechon White, 23, St. Paul, Minn., is charged with one count of kidnapping. Documents filed in the case allege White and the victim met online in February 2018. On July 1, White came to visit the victim at her home in Lenexa, Kan. He told the victim’s mother he was 16 years old. During his stay in Lenexa, he had sex with the victim.

On July 4, White and the victim told her mother they were going to a shopping mall. Instead, they went to a Greyhound bus station in Kansas City and took a bus to St. Paul.

After the victim’s mother reported her missing, police found White and the victim at his residence in St. Paul.

If convicted, White faces a penalty of not less than 20 years in federal prison and a fine up to $250,000. The Lenexa Police Department, the South St. Paul Police Department and the FBI investigated. Assistant U.S. Attorneys Kim Flannigan and David Zabel are 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 former Kansas CPA was sentenced Monday to a year and a day in jail and ordered to pay the cost of his imprisonment, which could be an estimated $34,000, U.S. Attorney Stephen McAllister said. In addition, the accountant was ordered to pay $106,055 in restitution for unpaid taxes.

Robert M. Purinton, 70, Fountain Hills, Ariz., pleaded guilty to one count of making a false statement on his 2009 tax return by under-reporting his income. He agreed to make restitution for taxes owed in 2009 and 2010. During those years, he was a CPA with an accounting firm in Overland Park.

McAllister commended the Internal Revenue Service and Assistant U.S. Attorney Leon Patton for their work on the case.

WICHITA, KAN. – Federal prosecutors are teaming up with local and state law enforcement agencies to target violent crime in Wichita and Garden City, U.S. Attorney Stephen McAllister said today.

The Project Safe Neighborhoods (PSN) initiative will prioritize federal prosecutions of repeat offenders and convicted criminals who carry firearms in the two cities, where violent crime rates are higher than average for Kansas.

 “Violent crime rates are on the rise in both cities,” U.S. Attorney Stephen McAllister said. “By working together, we can size up the problems and concentrate our resources where we get the best results. Our goal is to make both communities safer.”

Drug trafficking, gang activity and other factors drive violent crime rates and make each city’s problems unique, McAllister said. The PSN program is aimed at directing federal resources – including federal prosecutors as well as investigators from the Bureau of Alcohol, Tobacco, Firearms and Explosives and other agencies – to support the work of local police departments, sheriffs and district attorneys.

Both Garden City and Wichita have reported increased gang activity that fuels violent crime. Law enforcement officials in both cities, McAllister said, have been very receptive to working with the U.S. Attorney’s office on the PSN program.

According to the KBI’s most recent report, the violent crime rate for Kansas is 3.7 per 1,000 people. That compares to a rate of 5.1 in Garden City and a rate of 10.6 in Wichita, according to the KBI report, which was based on 2016 figures.

In Wichita, a PSN Task Force will be formed, including two agents from the Bureau of Alcohol, Tobacco, Firearms and Explosives, Assistant U.S. Attorney Matt Treaster and Assistant District Attorney Mandee Schauf from the Sedgwick County District Attorney’s Office, as well as officers from the Wichita Police Department and the Sedgwick County Sheriff’s Department.

McAllister said a federal prosecutor and an assistant district attorney will meet regularly to review cases and discuss prosecution strategies.

In Garden City, PSN prosecutors are targeting gang members, repeat offenders and known drug traffickers.

McAllister said he recently received authorization from the Justice Department to hire two new federal prosecutors in Kansas to concentrate on violent crime cases. Those prosecutors will work with the PSN 2.0 program, as well as tackle violent crime in Topeka, which also has suffered a surge in violent crimes recently.

 The new PSN initiative is based on a 2001 program of the same name that proved successful in reducing violent crime, McAllister said. One of the keys to the program is targeted enforcement. U.S. Attorneys in collaboration with their partners are working to identify the most violent locations in their districts and to concentrate enforcement there.

The PSN program also calls for prosecutors to work with local communities to prevent crime by supporting programs to engage teenagers in constructive ways that promote respect for law enforcement and steer them away from crime, as well as programs that reduce recidivism.

ANSAS CITY, KAN. – An Olathe man was sentenced Tuesday to 18 years in federal prison for trafficking in methamphetamine, U.S. Attorney Stephen McAllister said.

David C. True, 32, Olathe, Kan., pleaded guilty to one count of possession with intent to distribute methamphetamine. In his plea, he admitted he was a member of a drug trafficking organization that distributed meth in the Johnson County area. He admitted to regularly handling up to 10 pounds of methamphetamine a week, acting as both a buyer and a seller. In addition, he possessed firearms, which he was prohibited from doing because of a previous felony conviction.

McAllister commended the Miami County Sheriff’s Office, the Olathe Police Department, the Kansas City, Kan., Police Department, the Secret Service, the Kansas Bureau of Investigation, the Johnson County Sheriff’s Office, and Special Assistant U.S. Attorney James Ward for their work on the case.

 

TOPEKA, KAN. – The developer of the Oread Hotel and his bookkeeper were indicted Wednesday on federal charges of scheming to collect more than $400,000 in fraudulent tax refunds from the City of Lawrence.

Thomas S. Fritzel, 52, Lawrence, Kan., and Keela Lam, 46, Lawrence, Kan., are charged with one count of conspiracy to defraud the city and one count of interstate transportation of stolen funds. Also named as defendants are companies controlled by Fritzel including Oread Construction LC, Oread Wholesale LC, Oread Inn LC and R6 LC.

The indictment alleges that in 2008 Fritzel signed an agreement with the City of Lawrence to develop the Oread Hotel in Lawrence, a seven-story hotel with restaurants, bars and a gift shop.

 

The city set up a Tax Increment Financing District and a Transportation Development District around the hotel and agreed to reimburse Fritzel for his development costs. The funds to pay Fritzel were to come from property tax and sales taxes collected inside the redevelopment district.

The indictment alleges Fritzel and Lam conspired to defraud the city by seeking reimbursement for hundreds of transactions that were not generated within the redevelopment district. The indictment alleges the defendants fraudulently sought refunds for taxes paid on furniture and appliances, work on houses Fritzel owned in Lawrence and Colorado, landscaping materials, party tent rentals, car batteries, equipment for a car wash and other items.

A separate indictment alleges Fritzel and others violated the requirements of the Clean Air Act for disposal of asbestos.

The indictment charges Fritzel, Casey Stewart, 38, Lawrence, Kan., Wesley Lynch, 60, Lawrence, Kan. and Tucker Fritzel, 25, Lawrence, Kan., with one count of conspiracy (count one), one count of failing to notify the Environmental Protection Agency of the removal of asbestos materials (count two), one count of failing to wet materials that contained asbestos during demolition (count three) and one count of failing to dispose of asbestos waste in leak-tight containers (count four).

Also named as defendants in the second indictment are DFC Company of Lawrence, LC; Eagle 1968, LC of Lawrence and R&R Supply Company, LC of Lawrence.

 

The indictment alleges the defendants conspired with Fritzel to violate federal laws for handling asbestos in order for Fritzel to save money on demolition and renovations at the Alvamar Country Club in Lawrence.

In the first indictment, upon conviction, the defendants face up to five years in federal prison and a fine up to $250,000 on the conspiracy count, and up to 10 years and a fine up to $250,000 on the count charging interstate transportation of stolen funds.

In the second indictment, upon conviction, the defendants face up to five years in federal prison and a fine up to $250,000 on count one, up to two years and a fine up to $250,000 on count two and up to five years and a fine up to $250,000 on counts three and four.

The FBI and the Lawrence Police Department investigated the Oread Hotel indictment. The Environmental Protection Agency – Criminal Investigation Division investigated the other indictment. Assistant U.S. Attorney Richard Hathaway is prosecuting both cases.

 

OTHER INDICTMENTS

 

Alan J. Haag, 53, Wichita, Kan., is charged with unlawful possession of a firearm following a felony conviction. The crime is alleged to have occurred June 13, 2018, in Sedgwick County, 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 David Lind is prosecuting.

Kasey A. Haag, 25, Wichita, Kan., is charged with unlawful possession of a firearm following a felony conviction. The crime is alleged to have occurred June 13, 2018, in Sedgwick County, 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 David Lind is prosecuting.

Anthony Hervey, 36, is charged with unlawful possession of a firearm following a felony conviction. The crime is alleged to have occurred June 13, 2018, in Sedgwick County, 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 David Lind 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 Shawnee man was sentenced today to 85 months in federal prison for robbing an Overland Park bank at gunpoint, U.S. Attorney Stephen McAllister said.

Mamoudou U. Kaba, 22, Shawnee, Kan., pleaded guilty to one count of bank robbery and one count of brandishing a firearm during the robbery. In his plea, he admitted he brandished a handgun on Sept 22, 2015, when he robbed U.S. Bank at 9900 West 87th in Overland Park, Kan.

He pointed a gun a 9 mm Ruger at a clerk and customers before fleeing the bank with stolen cash.

McAllister commended the Overland Park Police Department, the FBI and Assistant U.S. Attorney David Zabel for their work on the case.