District of Kansas

TOPEKA, KAN. - U.S. Attorney Tom Beall announced today that the District of Kansas collected more than $6.1 million in criminal cases and civil actions in federal fiscal year 2016. Of this amount, $3.7 million was collected in criminal actions and $2.4 million was collected in civil actions. 

The U.S. Attorneys’ Offices, along with the department’s litigating divisions, are responsible for enforcing and collecting civil and criminal debts owed to the U.S. and criminal debts owed to federal crime victims. The law requires defendants to pay restitution to victims of certain federal crimes who have suffered a physical injury or financial loss. While restitution is paid to the victim, criminal fines and felony assessments are paid to the department’s Crime Victims’ Fund, which distributes the funds to state victim compensation and victim assistance programs.

The largest civil collections were from affirmative civil enforcement cases, in which the United States recovered government money lost to fraud or other misconduct or collected fines imposed on individuals and/or corporations for violations of federal health, safety, civil rights or environmental laws. In addition, civil debts were collected on behalf of several federal agencies, including the U.S. Department of Housing and Urban Development, Health and Human Services, Internal Revenue Service, Small Business Administration and Department of Education.

TOPEKA, KAN. – A grand jury Wednesday returned federal charges against a Topeka man in two armed robberies, one of which ended in a police officer being shot, U.S. Tom Beall said.

Jermaine Tyrell Patton, 28, Topeka, Kan., is charged with two counts of aiding and abetting commercial robbery and two counts of aiding and abetting the brandishing of a firearm during a robbery

The indictment alleges Patton took part in an Oct. 31, 2016, robbery at Goose Express, 2901 S.E. Freemont, and a Nov. 5, 2016, robbery at Oakmart Convenience Store, 2518 N.E. Seward.

Patton and another man, Christopher Curtis Harris, 29, Topeka, were arrested following the Nov. 5 robbery. Harris was charged in Shawnee County District Court with shooting Topeka Police Detective Brian Hill when Hill tried to arrest him.

If convicted, Patton faces a penalty of not less than seven years in federal prison on each of the firearm counts and up to 20 years on each of the robbery counts. The Topeka Police Department and the FBI investigated. Assistant U.S. Attorney Jared Maag is prosecuting.

OTHER GRAND JURY INDICTMENTS

Michael J. Skladzien, 53, owner of S&S Floor Maintenance in Wichita, Kan., is charged with failing to pay more than $250,000 in taxes he withheld from employees’ wages. The crime is alleged to have occurred from 2010 to 2013 in Sedgwick County, Kan.

If convicted, he faces up to five years in federal prison and a fine up to $250,000 on each of 11 counts. The Internal Revenue Service investigated. Assistant U.S. Attorney Alan Metzger is prosecuting.

Patrick A. Scott, 32, Topeka, Kan., is charged with one count of unlawful possession of a firearm following a felony conviction and one count of unlawful possession of a sawed off shotgun. The crimes are alleged to have occurred Nov. 17, 2016, in Topeka, Kan.

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

Quaton A. Grover, 38, Topeka, Kan., is charged with one count of unlawful possession of a firearm following a felony conviction. The crime is alleged to have occurred Oc. 28, 2016, in Topeka.

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 Dustin Slinkard is prosecuting.

Alvin Acevedo, 27, and Yesena Collazo, 31, are charged with one count of possession with intent to distribute heroin. The crime is alleged to have occurred Nov. 14, 206 in Geary County, Kan.

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. Special Assistant U.S. Attorney Skipper Jacobs 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 federally licensed firearms dealer from Parsons, Kan., was sentenced Wednesday to six months in prison followed by a year on probation for knowingly selling a firearm to a convicted felon, U.S. Attorney Tom Beall said.

Charles A. Black, 36, Parsons, Kan., pleaded guilty to one count of selling a firearm to a convicted felon. In his plea, Black admitted the crime occurred while he owned Triple B Sporting Goods, 2530 Main Street in Parsons. Black arranged for a man who Black had known since they were teenagers to buy a gun even though Black knew the man was a convicted felon. Black allowed the convicted felon to use another man’s identity in order to pass a background check and purchase a Keltec 9 mm pistol.

Beall commended the Bureau of Alcohol, Tobacco, Firearms and Explosives and Assistant U.S. Attorney Matt Treaster for their work on the case.

TOPEKA, KAN. - A woman who owned a home health care business in Basehor, Kan., was sentenced Tuesday to a year and a day in custody for failing to pay more than $856,000 in federal taxes, U.S. Attorney Tom Beall said.

Elizabeth Lucero, 53, Basehor, Kan., pleaded guilty to one count of willful failure to collect or pay over employment tax. In her plea, she admitted the crime occurred while she owned Sunshine Home Health Care in Basehor. The company had 65 to 70 employees and 1,400 patients.

From 2007 to 2011, Lucero’s company withheld payments from employee’s paychecks including federal income taxes, Medicare and Social Security taxes. Even though the company was growing and profitable, it made no payments to the Internal Revenue Service as required. Furthermore, against her accountant’s advice, Lucero had the company pay for hundreds of thousands of dollars of her personal expenses, including cash withdrawals at casinos for gambling and a $50,000 Cadillac Escalade.

In her plea, Lucero agreed to pay restitution of $856,784.

Beall commended the Internal Revenue Service and Assistant U.S. Attorney Jabari Wamble for their work on the case.

WICHITA, KAN. – The owner of a Wichita massage parlor was sentenced Monday to two years supervised release for harboring a Chinese woman who worked as a prostitute, U.S. Attorney Tom Beall said.

The defendant agreed to forfeit more than $32,000 in cash and a 2004 Honda Element. In addition, the judge imposed a $52,000 money judgment.

Samir F. Elias, 61, Wichita, Kan., pleaded guilty to one count of harboring an alien for financial gain and one count of importation of an alien for prostitution. In his plea, he admitted the crimes occurred while he was the owner of GiGi’s Elite Massage, which operated at 357 N. Hillside in Wichita after moving from a previous location at 6611 E. Central.

Elias employed a Chinese woman with the initials F.Y. He was aware that the woman, who was not lawfully in the United States, engaged in the sale of sexual relations at the massage parlor. He personally reviewed online forums discussing the sale of sexual relations at his business. He harbored her at his residence near Maple and 119th West in Wichita, driving her to work and home again. He collected money from her he knew to be the proceeds of prostitution.

 An undercover vice detective with the Wichita Police Department arrested the woman after she offered to perform sexual services during a massage.

Beall commended the Wichita Police Department, Homeland Security Investigations (HSI) and Assistant U.S. Attorney Jason Hart for their work on the case.

WICHITA, KAN. – A couple from southwest Kansas pleaded guilty Monday to a federal money laundering charge, U.S. Attorney Tom Beall said.

George Enns, 70, and his wife, Agatha Enns, 68, both of Meade, Kan., pleaded guilty to one count of money laundering conspiracy.

In their plea, the defendants admitted:

• At least $1.6 million in cash and $5.2 million in third-party checks was deposited into a joint account the defendants held at Plains State Bank in Plains, Kan.
• The defendants knew the funds in the account were the proceeds of unlawful activity although they did not know -- or do business with -- the individuals whose names were on the third-party checks 
• The defendants did not use the account at Plains State Bank for their own business and personal transactions. They had accounts at other banks.
• The account at Plains State Bank was used for the deposit of cash and checks that George Enns received during his trips to Mexico. He carried the money into the United States without reporting the funds at the border.
• Funds in the account at Plains State Bank were transferred out of state to purchase genetically modified corn seed. The seed was shipped to the border where the corn was transported into Mexico at the direction of George Enns.
•  This process is called trade based money laundering.
•  

Sentencing is set for Feb. 27. The government is recommending three years on probation and a money judgment in an amount to be set by the judge.

Beall commended the Drug Enforcement Administration, the Federal Deposit Insurance Corporation, the Internal Revenue Service and Assistant U.S. Attorney Debra Barnett for their work on the case.

KANSAS CITY, KAN. - A former employee of a bank in Great Bend pleaded guilty Monday to stealing more than $73,600 from the bank, U.S. Attorney Tom Beall said.

Kaden Herman, 19, Great Bend, Kan., pleaded guilty to one count of embezzlement by a bank employee. In his plea, he admitted he was working for Landmark National Bank in Great Bend, Kan., in May 2016 when the crime occurred. Herman gained access to a key and code that he used to open an ATM at a branch at 1623 Main Street in Great Bend and remove the cash.

When questioned, Herman denied involvement, but witnesses said they saw him when he took the key in to be duplicated. Investigators served a search warrant at his home and found the money.

Sentencing is set for Feb. 27. The government has agreed to recommend three years supervised release. Beall commended the FBI and Assistant U.S. Attorney Jason Hart for their work on the case.

WICHITA, KAN. – A Newton couple were indicted in federal court here Tuesday on charges of operating a moonshine still in the basement of their home, U.S. Attorney Tom Beall said.

Ryan Penner, 41, and Jennifer Penner, 37, both of Newton, were charged with one count of possession of an unregistered still, one count of unlawful production of distilled spirits, and one count of failing to be bonded as a distiller.

The indictment alleges the Penners produced moonshine, which is illegal liquor on which federal and state excise taxes have not been paid.

The indictment alleges the investigation began in August when the Newton Police Department learned the defendants were producing and selling moonshine from their home in the 1000 block of E. 7th in Newton. Undercover officers made several purchases. A quart of moonshine typically sold for $20. Police served a search warrant at the home and seized a still built around a 15.5-gallon beer keg with metal legs and copper tubing.

If convicted, they face up to five years in federal prison and a fine up to $250,000. The Newton Police Department, the Bureau of Alcohol, Tobacco, and Firearms and Explosives and the Kansas Alcoholic Beverage Control investigated. Assistant U.S. Attorney Matt Treaster is prosecuting.

OTHER GRAND JURY INDICTMENTS

Lori A. Spaulding, 53, Augusta, Kan., a former payroll manager at Spirit AeroSystems, is charged with one count of wire fraud. The indictment alleges she made false claims to the company for tuition reimbursement and pay for unused time off.

If convicted, she faces up to 20 years in federal prison and a fine up to $250,000. The FBI investigated. Assistant U.S. Attorney Alan Metzger is prosecuting.

Jason P. Briscoe, 39, Salina, Kan., and Jamie L. Husley, 38, Salina, Kan., are charged with one count of unlawful possession of a firearm in furtherance of drug trafficking (count one), one count of unlawful possession of a firearm following a felony conviction (count two), one count of possession with intent to distribute methamphetamine (count three) and one count of unlawful possession of a firearm with serial number removed (count four). The crimes are alleged to have occurred Nov. 18, 2016, in Smolan, Kan.

Upon conviction the crimes carry the following penalties:

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

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

Count three: Up to 20 years and a fine up to $250,000.

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

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

Gary W. Yenzer, 34, Derby, Kan., is charged with one count of theft by a mail employee (count one), one count of possession of stolen gift cards (count two), and one count of aggravated identity theft (count three). The crimes are alleged to have occurred in September 2016 in Sedgwick County, Kan. While the defendant was a rural mail carrier for the U.S. Postal Service.

If convicted, he faces the following penalties

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

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

Count three: A mandatory consecutive two years and a fine up to $250,000.

The U.S. Postal Service-Office of Inspector investigated. Assistant U.S. Attorney Brent Anderson is prosecuting.

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

 

WICHITA, KAN. – U.S. Attorney Tom Beall will open a discussion Tuesday in Wichita with local law enforcement agencies on recruiting, hiring and retaining law enforcement officers to better reflect the broad diversity of the communities they serve.

The Diversity Dialogue in Wichita will be part of a national initiative by the Justice Department’s Civil Rights Division and the U.S. Equal Employment Commission (EEOC). The objectives are outlined in an October report called, “Advancing Diversity in Law Enforcement. “The report, which can be accessed here, examines barriers as well as promising practices for advancing diversity in law enforcement.

“We must continue to review our efforts to promote diversity and share what we have learned so far,” Beall said. “Identifying the barriers we face and generating new ideas for cultivating diversity among law enforcement will help strengthen trust and improve policing.”

Michael Birzer, Professor of Criminal Justice and Director of the School of Community Affairs at Wichita State University, will serve as moderator. Topics will include: Barriers to diversity, recruitment, hiring and retention.

Members of the media are invited to talk to key participants starting a half hour before the session and to cover opening remarks. The rest of the meeting will be open only to registered participants.

Event: Diversity Dialogue

Opening Remarks: 1 p.m. Tuesday, Dec. 6, 2016.

Where: Room 180, Eugene Hughes Metropolitan Complex. 5015 E. 29th North, Wichita, Kan.

TOPEKA, KAN. – A physician’s assistant who provided aesthetic services including Botox injections to clients in Garden City and Scott City pleaded guilty Thursday to violating the federal Food, Drug and Cosmetic Act, U.S. Attorney Tom Beall said.

 

          Joel Erskin, 53, Garden City, Kan. pleaded guilty to one count of receiving and dispensing misbranded drugs. In his plea, he admitted the crimes occurred while he owned and operated Renovo Medical, LLC, also known as University Medical. Erskin purchased cheaper versions of Botox® and Juvederm® from Canadian pharmacies. The Botox he purchased was misbranded and failed to meet labeling requirements. The Juvederm was adulterated and not approved for distribution in the United States.

 

          Erskin did not inform his clients that the drugs were purchased from Canada and did not meet federal standards.

 

          Sentencing is set for Dec. 20. He faces a penalty of up to a year imprisonment and a fine up to $100,000.

 

Beall commended the Food and Drug Administration’s Office of Criminal Investigation and Assistant U.S. Attorney Tanya Treadway for their work on the case.

 

KANSAS CITY, KAN. – A federal indictment was unsealed today charging a former staff engineer for the Unified Government of Wyandotte County and Kansas City, Kan., with taking bribes, U.S. Attorney Tom Beall said.

 

Willie D. Jones, 58, Kansas City, Kan., is charged with three counts of accepting bribes and five counts of money laundering.

 

The indictment alleged Jones accepted three bribes -- $6,740, $5,530 and $5,100 – from an individual who owned a company that obtained contracts to do street repairs for the Unified Government. It is alleged Jones routed the bribe money through his bank account and an account belonging to Paradise Missionary Baptist Church of Kansas City, where Jones was a minister.

 

If convicted, he faces up to 10 years in prison and a fine up to $250,000 on each bribery count, and up to 20 years and a fine up to$250,000 on each money laundering count. The FBI investigated. Assistant U.S. Attorney Tris Hunt is prosecuting.

 

 

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

 

WASHINGTON – Armando Sotelo, 24, pleaded guilty today to a hate crime offense for his role in a June 19, 2015, assault of a black Somali man in Dodge City, Kansas.  Omar Cantero Martinez, 32, also pleaded guilty today to providing perjured testimony during a hate crimes prosecution arising from the same assault.

 

Sotelo pleaded guilty in the District of Kansas to one count of a hate crime violation based on race and national origin, while Martinez pleaded guilty to one count of perjury for providing materially false testimony during the October 2016 federal criminal jury trial related to the hate crime.

 

“Hate violence not only harms individuals but also threatens the diversity of our society and the well-being of our communities,” said Principal Deputy Assistant Attorney General Vanita Gupta, head of the Civil Rights Division.  “In this case, Sotelo attacked the victim because of the color of his skin and his country of origin, inflicting bodily injury during the assault.  The Justice Department will continue to vigorously prosecute hate crimes so that all people can live their lives with the security, protection and freedom they deserve.”

 

During Sotelo’s plea hearing, he admitted that he assaulted the victim, identified as M.H.D., because of M.H.D.’s race and national origin.  Sotelo admitted that he, with the assistance of two other men, approached M.H.D., who is black and from Somalia, while M.H.D. was sitting with two other Somali men on a bench outside the African Market.  The defendant approached the bench from one side, while the two other men approached the bench from the other.  Sotelo and the other men all yelled racial and anti-Somali slurs at M.H.D. and at the two other Somalis on the bench.  The defendant then punched M.H.D. in the head without any justification, causing M.H.D. bodily injury.  Following the assault, Sotelo fled the scene and directed another person to wash his clothing, which was bloody from the assault.

 

During his plea hearing, Martinez admitted that on the night of June 19, 2015, he had used a broken glass bottle to stab victim S.A.M. and slash victim A.M.A. without justification.  Martinez also admitted that racial and anti-Somali slurs were used during the attack and that he and Sotelo instigated the attack.  He further admitted that he provided false testimony about the incident during a federal jury trial in which he and Sotelo were charged with hate crimes offenses for the attack, that he knew his testimony was false at the time that he gave it and that his false testimony was material to the hate crimes charges.

 

Sotelo faces a maximum sentence of 10 years in prison and Martinez faces a maximum sentence of five years in prison.  Sentencing for both defendants is scheduled for Feb. 22, 2017, and they will remain in custody until then.

 

This case was investigated by the FBI’s Garden City Resident Agency with assistance from the Dodge City Police and the Ford County, Kansas, Sheriff’s Departments.  The case is being prosecuted by Trial Attorney Risa Berkower and Special Litigation Counsel Jared Fishman of the Civil Rights Division’s Criminal Section with assistance from Assistant U.S. Attorney Mona Furst of the District of Kansas.

 

 IF YOU HAVE QUESTIONS, PLEASE USE THE CONTACTS IN THE MESSAGE OR CALL THE OFFICE OF PUBLIC AFFAIRS AT 202-514-2007.

TOPEKA, KAN. – A Topeka woman has pleaded guilty to billing Medicaid for services she did not provide to developmentally disabled adult patients, U.S. Attorney Tom Beall and Kansas Attorney General Derek Schmidt said Tuesday.

Kristina Hansel, 45, Topeka, Kan., pleaded guilty Nov. 28 in federal court in Topeka to one count of conspiracy to commit health care fraud. The crimes occurred while Hansel owned and operated Achieve Services, LLC, which was licensed to provide day and residential services to developmentally disabled adults.

In her plea, Hansel admitted the following:

• Billing Medicaid for services not provided.
• Providing false and fraudulent documentation, or no documentation at all.
• Making false and fraudulent statements to obtain and renew her license.
• Failing to hire a Registered Nurse or a License Practical Nurse to provide medical services, including medication administration.

Hansel also admitted that in one case she withheld medical treatment from a patient and directed others to help her cover up medication overdoses so licensing authorities would not learn of the problem.

Sentencing is set for April 17, 2017. The parties have agreed to recommend 30 months in prison and restitution of more than $480,000.

The case was jointly investigated by federal and state authorities and prosecuted by the Kansas Attorney General’s Medicaid Fraud and Abuse Division. Assistant Attorney General Stefani Hepford of Schmidt’s office prosecuted the case against Hansel.

A Stillwell, Kansas tax return preparer was sentenced to 48 months in prison today for stealing his clients’ identities and federal income tax refunds falsely claimed in their names, announced Principal Deputy Assistant Attorney General Caroline D. Ciraolo, head of the Justice Department’s Tax Division, and U.S. Attorney Thomas Beall for the District of Kansas.

According to documents filed with the court, Richard Drake used three of his clients’ personal identities to file false federal income tax returns that claimed inflated refunds.  As part of his scheme, Drake prepared accurate federal income tax returns for these clients, which he provided to them but did not file with the Internal Revenue Service (IRS).  He then had these clients make estimated tax payments to the IRS during the year.  Once it was time to file on behalf of his clients, Drake filed false tax returns with the IRS that underreported his clients’ income and claimed false expenses in order to generate large income tax refunds which he directed to accounts under his control.  In total, Drake stole and converted to his own use $2,432,147. 

Drake pleaded guilty on June 6 to one count of aggravated identity theft and one count of theft of government funds.  As part of his plea agreement, Drake agreed to serve 48 months in prison, followed by three years of supervised release and to pay restitution in the amount of $2,432,147 to the IRS, and $98,087 to the Kansas Department of Revenue.     

Principal Deputy Assistant Attorney General Ciraolo and U.S. Attorney Beall commended special agents of IRS-Criminal Investigation, who conducted the investigation, and Trial Attorney Ryan Raybould of the Tax Division and Assistant U.S. Attorney Tris Hunt, who prosecuted the case.

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

 

WASHINGTON – A Stillwell, Kansas tax return preparer was sentenced to 48 months in prison today for stealing his clients’ identities and federal income tax refunds falsely claimed in their names, announced Principal Deputy Assistant Attorney General Caroline D. Ciraolo, head of the Justice Department’s Tax Division, and U.S. Attorney Thomas Beall for the District of Kansas.

 

According to documents filed with the court, Richard Drake used three of his clients’ personal identities to file false federal income tax returns that claimed inflated refunds.  As part of his scheme, Drake prepared accurate federal income tax returns for these clients, which he provided to them but did not file with the Internal Revenue Service (IRS).  He then had these clients make estimated tax payments to the IRS during the year.  Once it was time to file on behalf of his clients, Drake filed false tax returns with the IRS that underreported his clients’ income and claimed false expenses in order to generate large income tax refunds which he directed to accounts under his control.  In total, Drake stole and converted to his own use $2,432,147. 

 

Drake pleaded guilty on June 6 to one count of aggravated identity theft and one count of theft of government funds.  As part of his plea agreement, Drake agreed to serve 48 months in prison, followed by three years of supervised release and to pay restitution in the amount of $2,432,147 to the IRS, and $98,087 to the Kansas Department of Revenue.    

 

Principal Deputy Assistant Attorney General Ciraolo and U.S. Attorney Beall commended special agents of IRS-Criminal Investigation, who conducted the investigation, and Trial Attorney Ryan Raybould of the Tax Division and Assistant U.S. Attorney Tris Hunt, who prosecuted the case.

 

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

 

   IF YOU HAVE QUESTIONS, PLEASE USE THE CONTACTS IN THE MESSAGE OR CALL THE OFFICE OF PUBLIC AFFAIRS AT 202-514-2007.

Armando Sotelo, 24, pleaded guilty today to a hate crime offense for his role in a June 19, 2015, assault of a black Somali man in Dodge City, Kansas.  Omar Cantero Martinez, 32, also pleaded guilty today to providing perjured testimony during a hate crimes prosecution arising from the same assault.

Sotelo pleaded guilty in the District of Kansas to one count of a hate crime violation based on race and national origin, while Martinez pleaded guilty to one count of perjury for providing materially false testimony during the October 2016 federal criminal jury trial related to the hate crime.

“Hate violence not only harms individuals but also threatens the diversity of our society and the well-being of our communities,” said Principal Deputy Assistant Attorney General Vanita Gupta, head of the Civil Rights Division.  “In this case, Sotelo attacked the victim because of the color of his skin and his country of origin, inflicting bodily injury during the assault.  The Justice Department will continue to vigorously prosecute hate crimes so that all people can live their lives with the security, protection and freedom they deserve.”

During Sotelo’s plea hearing, he admitted that he assaulted the victim, identified as M.H.D., because of M.H.D.’s race and national origin.  Sotelo admitted that he, with the assistance of two other men, approached M.H.D., who is black and from Somalia, while M.H.D. was sitting with two other Somali men on a bench outside the African Market.  The defendant approached the bench from one side, while the two other men approached the bench from the other.  Sotelo and the other men all yelled racial and anti-Somali slurs at M.H.D. and at the two other Somalis on the bench.  The defendant then punched M.H.D. in the head without any justification, causing M.H.D. bodily injury.  Following the assault, Sotelo fled the scene and directed another person to wash his clothing, which was bloody from the assault.

During his plea hearing, Martinez admitted that on the night of June 19, 2015, he had used a broken glass bottle to stab victim S.A.M. and slash victim A.M.A. without justification.  Martinez also admitted that racial and anti-Somali slurs were used during the attack and that he and Sotelo instigated the attack.  He further admitted that he provided false testimony about the incident during a federal jury trial in which he and Sotelo were charged with hate crimes offenses for the attack, that he knew his testimony was false at the time that he gave it and that his false testimony was material to the hate crimes charges.

Sotelo faces a maximum sentence of 10 years in prison and Martinez faces a maximum sentence of five years in prison.  Sentencing for both defendants is scheduled for Feb. 22, 2017, and they will remain in custody until then.

This case was investigated by the FBI’s Garden City Resident Agency with assistance from the Dodge City Police and the Ford County, Kansas, Sheriff’s Departments.  The case is being prosecuted by Trial Attorney Risa Berkower and Special Litigation Counsel Jared Fishman of the Civil Rights Division’s Criminal Section with assistance from Assistant U.S. Attorney Mona Furst of the District of Kansas.

KANSAS CITY, KAN. – A former Army explosive ordinance disposal technician pleaded guilty Tuesday in federal court to unlawful possession of explosive devices, U.S. Attorney Tom Beall said.

 

John A. Panchalk, 42, Overland Park, Kan., pleaded guilty to possessing two M-67 fragmentation grenades that were not registered to him in the National Firearms Registration and Transfer Record.

 

The investigation began in May when police were called to the Parkville Self Storage Facility in Parkville, Mo. They found several trailers and vehicles had been vandalized. In and around one trailer, they found ammunition canisters, rocket fins, blasting caps, C-4 explosive and military grenade simulators. They determined Panchalk was the owner of the trailer.

 

When investigators contacted Panchalk at home in Overland Park, he was evasive when they asked him about the contents of the trailer. When they executed a search warrant at Panchalk’s home, they found 38 pounds of C-4 explosive, detonation cord, blasting caps, grenade simulators, incendiary devices and the two M-67 fragmentation grenades.

 

Sentencing will be set for a later date. The government has agreed to recommend a sentence of probation.

 

Beall commended the Bureau of Alcohol, Tobacco, Firearms and Explosives, the FBI, the Parkville, Mo., Police Department, the Overland Park Police Department and Assistant U.S. Attorney Terra Morehead for their work on the case.

 

KANSAS CITY, KAN. – A drug trafficker who was a fugitive from justice for six years was sentenced Friday to 27 years in federal prison, U.S. Attorney Tom Beall said. The defendant also was ordered to forfeit more $13 million in proceeds from his crimes.

Yehia Hassen, 36, formerly of Richmond, Va., pleaded guilty to one count of conspiracy to distribute cocaine and marijuana, and one count of attempted money laundering. In his plea, he admitted he was part of a large drug trafficking organization that operated in Kansas City, Kan. Drugs smuggled from Mexico were transported to Kansas City and then to Hassen in Richmond.

In all, Hassen received more than 100 kilograms of cocaine shipped to him from Kansas City. The organization used commercial and personal vehicles to ship drugs to Kansas City and transport cash to Mexico to pay for drugs.

While Hassen was on release pending sentencing, he absconded. He used false identities to remain free until he was arrested in the Republic of Cyprus on April 28, 2016.

Beall commended the agencies and individuals who took part in Operation Load Runner, including the Drug Enforcement Administration, the U.S. Marshals Service, Assistant U.S. Attorney David Zabel and Assistant U.S. Attorney Tris Hunt.

WICHITA, KAN. - A retired Wichita police lieutenant Wednesday was sentenced to two years on probation for filing false documents so he would be paid for providing armed engagement training for law enforcement officers, U.S. Attorney Tom Beall said. He also was ordered to pay $56,400 in restitution.

Kevin P. Vaughn, 52, Wichita, Kan., who retired in March 2015 after 28 years with the Wichita Police Department, pleaded guilty to one count of embezzlement of public funds and one count of mail fraud.

In his plea, Vaughn admitted he falsified reports to make it appear his company, Red Mist Tactical, had completed all of 15 eight-hour classes as the company’s contract required. The money for the training came from a grant by the U.S. Department of Homeland Security/Federal Emergency Management Agency (DHS/FEMA) to the Kansas Highway Patrol and the North Central Regional Planning Commission.

Vaughn admitted he:

• Falsely reported conducting training in McPherson, Kan., on May 27 and May 28, 2015. In fact, the training sessions took place on June 3 and 4, 2015, after the deadline in the contract for the training to be completed. He forged officers’ signatures on sign-up sheets.
• Falsely reported conducting eight hours of training on May 22, 2015, during the Wichita Police Department Ladies Range Day. In fact, the training lasted four hours and it was not approved by the police department.
• Falsely reported offering training in Sumner County on April 27 and May 1, 2015. In fact, there was no training on those days.
• Falsely reported offering training in Sumner County on April 20, 21, 22, 23 and 24, 2015. In fact, there was no training on those days.
•  

Beall commended the FBI, the Wichita Police Department and Assistant U.S. Attorney Debra Barnett for their work on the case.

 

KANSAS CITY, KAN. – A Kansas City, Kan., woman was charged in federal court Wednesday with setting fires as diversions while she was shoplifting at three separate grocery stores, U.S. Attorney Tom Beall said.

 

Tahmekah D. Henson, 40, Kansas City, Kan., is charged with three counts of arson. The fires are alleged to have been set at the following locations.

        -- Save A Lot, 2815 State Avenue, Kansas City, Kan., Nov. 5, 2016.

        -- Save A Lot, 2102 Metropolitan, Kansas City, Kan., Nov. 5, 2016.

        -- Happy Foods, 5420 Leavenworth Road, Kansas City, Kan., Nov. 5, 2016.

 

Documents filed in the case allege Henson set fires in store aisles so she could leave the stores with shoplifted meats during the confusion. In each case there were customers and employees in the stores.

 

If convicted, she faces a penalty of not less than five years and not more than 20 years and a fine up to $250,000 on each count. The Bureau of Alcohol, Tobacco, Firearms and Explosives 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 jury today found a former Labette, Kan., banker guilty on federal charges in an embezzlement case, U.S. Attorney Tom Beall said.

 

Keith L. Shaffer, 61, Altamont, Kan., was convicted on the following charges:

 

        Count one: Misapplication of bank funds.

        Count four: Wire fraud

        Count five: Misappropriation of insurance funds

        Counts six, seven and eight: Making a false statement on a federal tax return

 

Count two was dismissed before trial. He was acquitted on count three.

 

During trial, prosecutors presented evidence that while Shaffer was a bank employee he diverted more than $134,000 in commissions on sales of insurance belonging to the bank into his personal account. Shaffer was managing a bank subsidiary called Labette Insurance Company. He was a salaried employee of the bank and all commissions paid on sales by Labette Insurance belonged to the bank. As part of the scheme he submitted false information to the bank and to the Internal Revenue Service.

 

Sentencing is set for Feb. 6. He faces the following potential penalties:

        Counts one: Up to 30 years in federal prison and a fine up to $1 million on each count.

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

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

        Counts six, seven and eight: Up to three years and a fine up to $25,000 on each count.

 

Beall commended the Internal Revenue Service, FBI and Assistant U.S. Attorney Alan Metzger for their work on the case.

TOPEKA, KAN. – A federal grand jury returned an indictment Wednesday charging a Topeka man with a robbery in which he is alleged to have fired a gun, U.S. Attorney Tom Beall said.

 

Audley M. Crable, 28, Topeka, Kan., is charged with one count of commercial robbery and one count of discharging a firearm in furtherance of the robbery. The indictment alleges that on Nov. 19, 2011, Crable discharged a gun while he robbed Mo’s Express at 810 Southeast 15th in Topeka, severely injuring two employees. 

 

If convicted, he faces up to 20 years and a fine up to $250,000 on the robbery charge, and a consecutive sentence of not less than 10 years on the firearms charge, and a fine up to $250,000 on both charges. The FBI and the Topeka Police Department investigated. Assistant U.S. Attorney Jared Maag is prosecuting.

 

OTHER GRAND JURY INDICTMENTS

 

Luis Antonio Aguilera Martinez, 22, who is in custody, is charged with unlawfully re-entering the United States after being deported. He was found Nov. 1, 2016, in Coffey County, Kan.

 

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

 

Kevin Martin, 35, who is in custody at the Wyandotte County Detention Center, is charged with one count of unlawful possession of a firearm following a felony conviction. The crime is alleged to have occurred Nov. 5, 2016, 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.

 

 

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

 

WICHITA, KAN. - The owner of a Wichita-based aerospace company pleaded guilty Monday to filing a false federal tax return, U.S. Attorney Tom Beall said.

John J. O’Neill, 62, Wichita, Kan., president of Omni Aerospace, Inc., pleaded guilty to one count of making a false statement on a federal tax return. In his plea, he admitted he filed a return seeking s special depreciation allowance of more than $2.7 million to which he was not entitled.

The judge will determine at sentencing how much O’Neill owes in taxes. Sentencing is set for Jan. 17, 2017. He faces a penalty of up to three years in federal prison and a fine up to $250,000.

Beall commended the Internal Revenue Service and U.S. Attorney Alan Metzger for their work on the case.

 

TOPEKA, KAN. – U. S. Attorney Tom Beall made the following statement:

Based on information known to the U.S. Attorney’s Office we have closed our inquiry into the Oct. 29, 2011, explosion of a grain elevator at 324 Riverfront Road in Atchison, Kan. We have determined there is not sufficient evidence to support criminal charges against the owner, Bartlett Grain Company. This announcement does not dismiss pending enforcement actions by the Occupational Safety and Health Administration.

 

WICHITA, KAN. – A Wichita man was sentenced Thursday to 138 months in federal prison for attempting to rob a Park City liquor store, U.S. Attorney Tom Beall said.

Roland D. Ross, 28, Wichita, Kan., pleaded guilty to one count of brandishing a firearm during a commercial robbery. In his plea, he admitted that on May 24, 2016, he and a co-defendant, Michael Ray Phillips, both brandished firearms when they tried to rob the MGS Liquor Store at 6200 North Broadway in Park City.

An employee of the store produced a firearm and fired two rounds at the robbers. Ross surrendered and the store employee held him at gunpoint until police arrived.

Phillips was struck in the chest by the employee’s shots. Although he was injured, he fled the store before police arrived. He was arrested later when he sought treatment for the gunshot wound at a hospital in Kansas City. Phillips was sentenced earlier this month to seven years.                                            

Beall commended the Park City Police Department, the Kansas City, Mo., Police Department, the Bureau of Alcohol, Tobacco, Firearms and Explosives investigated and Assistant. U.S. Attorney Lanny Welch for their work on the case.

WICHITA, KAN. – A jury today convicted a Wichita man on federal drug and firearm charges, U.S. Attorney Tom Beall said.

Jesus Reyes, 42, Wichita, was convicted on one count of possession of with intent to distribute methamphetamine and two counts of unlawful possession of a firearm following a felony conviction.

During trial, prosecutors presented evidence that Wichita police stopped Reyes May 20, 2015, near 11th and Perry for a traffic violation. They found two loaded firearms and two plastic bags containing methamphetamine in the car. He was prohibited from possessing firearms due to a prior felony conviction.

Sentencing is set for Jan. 30. He faces a maximum penalty of 20 years in federal prison and a fine up to $1 million on the drug charge, and a maximum penalty of 10 years and a fine up to $250,000 on each of the firearm charges. Beall commended the Wichita Police Department, Special Assistant U.S. Attorney Kimberley Rodebaugh and Special Assistant U.S. Attorney Michelle Jacobs for their work on the case.

WICHITA, KAN. – Two people were indicted Tuesday on federal charges they had 117 pounds of cocaine hidden in their car when they were stopped for a traffic violation in Wabaunsee County, Acting U.S. Attorney Tom Beall said.

Marco Antonio Aispuro, 48, and Maria Janeth Moreno-Cento, 39, were charged with one count of possession with intent to distribute cocaine. In addition, Moreno-Centeno was charged with one count of unlawfully re-entering the United States after being deported.

Documents filed in the case allege Moreno-Centro was driving and Aispuro was in the passenger seat on Oct. 21, 2016, when the Kansas Highway Patrol pulled them over on I-70 eastbound near mile marker 333 in Wabaunsee County. Troopers found 117 pounds of cocaine in the driver’s side rear quarter panel and the spare tire.

Upon conviction, the drug charge carries a penalty of not less than 10 years in federal prison and a fine up to $10 million. The immigration charge carries a penalty up to two years and a fine up to $250,000. The Kansas Highway Patrol and the Drug Enforcement Administration investigated. Special Assistant U.S. Attorney Skip Jacobs is prosecuting.

 

OTHER GRAND JURY INDICTMENTS

Osmar A. Marroquin, 42, a citizen of Guatemala, is charged with one count of unlawfully re-entering the United States after being deported. He was found Oct. 24, 2016, in Butler County, Kan.

If convicted, he faces a penalty up to two years and a fine up to $250,000. Immigration and Customs Enforcement’s Enforcement and Removal Operations investigated. Assistant U.S. Attorney Brent Anderson is prosecuting.

Gonzalo Montoya-Perez, 45, a citizen of Mexico, is charged with one count of unlawfully re-entering the United States after being deported. He was found Oct. 27, 2016, in Reno County, Kan.

If convicted, he faces a penalty up to two years and a fine up to $250,000. Immigration and Customs Enforcement’s Enforcement and Removal Operations investigated. Assistant U.S. Attorney Brent Anderson 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 who was shot while attempting to rob a Park City liquor store was sentenced Monday to seven years in federal prison, Acting U.S. Attorney Tom Beall said.

Michael Ray Phillips, 37, Wichita, Kan., pleaded guilty to one count of brandishing a firearm during a commercial robbery. In his plea, he admitted that on May 24, 2016, he and a co-defendant both brandished firearms when they tried to rob MGS Liquor Store at 6200 North Broadway in Park City.

An employee of the store produced a firearm and fired two rounds at the robbers, striking Phillips in the chest. Although he was injured, Phillips fled the store before police arrived. The employee of the store held the other robber at gunpoint until police responded. Phillips was arrested later when he sought treatment for the gunshot wound at a hospital in Kansas City.

Co-defendant Roland Donell Ross is set for sentencing Nov. 10.

Beall commended the Park City Police Department, the Kansas City, Mo., Police Department, the Bureau of Alcohol, Tobacco, Firearms and Explosives investigated and Assistant. U.S. Attorney Lanny Welch for their work on the case.

 

TOPEKA, KAN. – A Topeka man was sentenced Monday to 43 months in federal prison for helping his twin brother rob a payday lender’s store, Acting U.S. Attorney Tom Beall said.

Lamar Ray Steele, 26, Topeka, Kan., pleaded guilty to one count of aiding and abetting a commercial robbery. In his plea, he admitted he was the driver in a June 4, 2014, robbery at Check Into Cash at 3711 S.W. Plaza Drive in Topeka. He waited in the car while his twin brother went into the store brandishing a firearm. The brothers fled after the robbery.

Co-defendant Charles Lamar Steele, 26, Topeka, is set for sentencing Dec. 12. Co-defendant Zennie Lee Vasser, 33, Topeka, Kan., was sentenced to 43 months in federal prison.

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

                   

TOPEKA, KAN. - A Topeka man pleaded guilty Monday to conspiring to operate an interstate sex trafficking business, Acting U.S. Attorney Tom Beall said.

Barry M. Johnson, 40, Topeka, Kan., pleaded guilty to one count of conspiracy. In his plea, he admitted conspiring with co-defendants to run a Topeka-based prostitution business that operated in Kansas, Missouri and Nebraska. At times, as many as 20 females were working as prostitutes for the organization. The leader of the organization rented houses where some of the prostitutes were allowed to live. The organization used Web sites, social media and cell phones to advertise sexual services and to keep track of prostitutes.

Johnson admitted he recruited and groomed potential sex workers for the organization. Johnson would notify the leader of the conspiracy he had a female who was ready to work and they would negotiate how much he would be paid.

Sentencing is set for Feb. 6. Both parties have agreed to recommend a sentence of 46 months in federal prison.  

Co-defendant Frank Boswell, 42, Topeka, Kan., and Michaela Hekekia, 36, Topeka, are set for trial Jan. 3. Co-defendants Rachel Flenniken, 34, Topeka, Kan., and Sean P. Hall, 47, Topeka, Kan., are awaiting sentencing. Shannon Nelson, 23, Topeka, Kan., is set for sentencing Jan. 23.

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

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 federal prison guard pleaded guilty Monday to taking bribes to smuggle tobacco to inmates, Acting U.S. Attorney Tom Beall said.

Marc Buckner, 47, Kansas City, Kan., pleaded guilty to one count of a public official accepting bribes. In his plea, he admitted the crimes occurred while he worked as a guard at Leavenworth Penitentiary. Buckner said he was paid each time he smuggled tobacco into the prison. He hid tobacco and rolling papers in two handmade insoles in his shoes.

Inmates paid Buckner $750 for each can of Bugler brand tobacco and rolling papers he smuggled. He said he smuggled tobacco once or twice a month for years.

Sentencing will be set for a later date. He faces a penalty of up to 15 years in federal prison. Beall commended the FBI and Assistant U.S. Attorney Jabari Wamble for their work on the case.

KANSAS CITY, KAN. - A Kansas City, Kan., man has been sentenced to life plus 30 years in federal prison for coordinating drug shipments for a trafficking organization that distributed more than $39 million worth of methamphetamine and marijuana in the metro area, Acting U.S. Attorney Tom Beall said.

Vicencio Olea-Monarez, 38, Kansas City, Kan., was convicted in a jury trial on 21 counts including conspiracy to distribute methamphetamine and marijuana, distribution and possession with intent to distribute methamphetamine, maintaining a residence in furtherance of drug trafficking and unlawful possession of a firearm in furtherance of drug trafficking.

During trial, prosecutors presented evidence that the FBI began an investigation in July 2012 into a drug trafficking ring operating in Kansas City, Kan. Olea-Monarez was responsible for coordinating shipments of methamphetamine into Kansas City, Kan. He also trafficked in cocaine and marijuana.

Counting Olea-Monarez, six of 10 defendants in the case have been sentenced so far.

Beall commended the FBI and Assistant U.S. Attorney David Zabel for their work on the case.

WICHITA, KAN. - A Wichita man pleaded guilty Thursday to federal sex trafficking charges, Acting U.S. Attorney Tom Beall said.

Gerald L. Brown, Jr., 30, Wichita, Kan., pleaded guilty to one count of sex trafficking of a minor and one count of sex trafficking of an adult by force.

In his plea, he admitted that in June 2015 he recruited a 17-year-old girl to engage in sex acts advertised on an adult Web site. He transported her from Kansas to Oklahoma and Texas to engage in prostitution. In July 2015 he and the girl were stopped for a traffic violation and the girl was taken into state custody.

Brown returned to Kansas, where he recruited an adult female to engage in prostitution. He threatened to strike her and use violent force to coerce her to cooperate in prostitution.

Sentencing is set for Jan. 26. Both parties have agreed to recommend a sentence of 180 months in federal prison. Beall commended the Wichita Police Department and Assistant U.S. Attorney Jason Hart for their work on the case.

WICHITA, KAN. – A Wichita man was charged in federal court here Thursday with an armed robbery at a convenience store on the west side of the city, Acting U.S. Attorney Tom Beall said.

Quincy D. Hadley, 36, Wichita, is charged with one count of robbing a commercial business, one count of brandishing a firearm during the robbery and one count of unlawfully possessing a firearm following a felony conviction.

A criminal complaint filed in the case alleges Hadley was wearing a ski mask and brandishing a .40 caliber High Point pistol when he entered the Presto Circle K at 4414 W. Maple in Wichita and pointed a gun at the clerk. After demanding and receiving cash he said he wanted cigarettes. When the clerk gave him bargain cigarettes he said he wanted name brand cigarettes. After receiving cartons of Marlboro and Camel cigarettes, he fled the store.

An officer responding to the 911 call found him changing clothes in a parked car and arrested him. When police asked why he was partly unclothed, he said he was watching pornography on his phone.

If convicted he faces a penalty of up to 20 years and a fine up to $250,000 on the robbery count, not less than seven years and a fine up to $250,000 on the brandishing charge, and up to 10 years and a fine up to $250,000 on the other count. The Wichita Police Department investigated. Assistant U.S. Attorney Brent Anderson 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 federal grand jury returned an indictment Wednesday charging a Leavenworth County man with producing child pornography, Acting U.S. Attorney Tom Beall said.

Bradley Hilt, 25, Linwood, Kan., is charged with two counts of producing child pornography, one count of distributing child pornography and one count of possessing child pornography. The crimes are alleged to have occurred in 2014 and 2016. The indictment alleges Hilt produced child pornography by enticing a minor and taking pictures with a Nokia Lumina cell phone. He is alleged to have distributed child pornography images over the Internet using a file sharing program.

If convicted, he faces a penalty of not less than 15 years and not more than 30 years in federal prison on each count of production, not less than five years and not more than 10 years on the distribution count, and up to 10 years on the possession count. The FBI investigated. Assistant U.S. Attorney Kim Flannigan is prosecuting.

OTHER GRAND JURY INDICTMENTS

Elsa Hernandez-De Duran, 43, Fort Worth, Texas, is charged with conspiring to commit money laundering (count one), money laundering (count two) and smuggling bulk cash (count three). The crimes are alleged to have occurred during June 2015 to July 2016 in Johnson County, Kan.

If convicted, she faces up to 20 years and a fine up to $500,000 on each of counts one and two, and up to five years and a fine up to $250,000 on count three. The Drug Enforcement Administration investigated. Assistant U.S. Attorney Sheri Catania is prosecuting.

Derrick Horne, 26, Kansas City, Mo, is charged with one count of enticing a person to cross state lines to engage in prosecution and one count of unlawful possession of a firearm following a felony conviction. The crimes are alleged to have occurred Oct. 15, 2016, in Wyandotte County, Kan.

If convicted, he faces up to 20 years and a fine up to $250,000 on the prostitution charge and up 10 years and a fine up to $250,000 on the firearm charge. The FBI, the Kansas City, Kan., Police Department, the Kansas City, Mo., Police Department, the Wyandotte County Sheriff’s Department and the Overland Park 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.

 

WASHINGTON – Wengui Yan, 61, of Stuttgart, Arkansas, pleaded guilty to one count of making false statements to the FBI while working as a geneticist for the U.S. Department of Agriculture at the Dale Bumpers National Research Center in Stuttgart.

Acting Assistant Attorney General for National Security Mary B. McCord and Acting U.S. Attorney Tom Beall of the District for Kansas made the announcement.

Yan, a scientist who worked with rice, admitted Monday that he knew about plans to steal samples and send them to China.

In his plea, Yan admitted that on Aug. 7, 2013, agents of U.S. Customs and Border Protection found stolen seeds in the luggage of a group of visitors from China preparing to board a plane to return home. The group had visited the facility in Stuttgart. Yan admitted that before the Chinese group arrived, a co-defendant in Kansas had asked him for seeds and Yan had declined because the seeds were protected. The co-defendant told Yan about other individuals seeking to steal samples of the seeds. When the delegation came to Stuttgart, Yan traveled with them to a rice farm where he knew they would have an opportunity to steal seeds.

After the theft, Yan denied knowing about the plans to steal the seeds or about the theft itself. Investigators also learned that Yan attempted to cover up a trip he made to China to visit the crops research institute that sent the delegation to the United States.

Sentencing will be set for a later date. Under the plea agreement, Yan faces a penalty of up to 20 months in federal prison.

Co-defendant Weiqiang Zhang, 50, of Manhattan, Kansas, is awaiting trial.

Acting Assistant Attorney General McCord and Acting U.S. Attorney Beall commended the FBI’s Little Rock and Kansas City Field Offices, U.S. Customs and Border Protection and the U.S. Attorney’s Office for the Eastern District of Arkansas.

McCord and Beall also commended Trial Attorney Matt Walczewski for the National Security Division’s Counterintelligence and Export Control Section, Trial Attorneys Brian Resler and Evan Williams for the Criminal Division’s Computer Crime and Intellectual Property Section and Assistant U.S. Attorney Scott Rask of the District of Kansas for their work on the case.

Wengui Yan, 61, of Stuttgart, Arkansas, pleaded guilty to one count of making false statements to the FBI while working as a geneticist for the U.S. Department of Agriculture at the Dale Bumpers National Research Center in Stuttgart.

Acting Assistant Attorney General for National Security Mary B. McCord and Acting U.S. Attorney Tom Beall of the District for Kansas made the announcement.

Yan, a scientist who worked with rice, admitted Monday that he knew about plans to steal samples and send them to China.

In his plea, Yan admitted that on Aug. 7, 2013, agents of U.S. Customs and Border Protection found stolen seeds in the luggage of a group of visitors from China preparing to board a plane to return home. The group had visited the facility in Stuttgart. Yan admitted that before the Chinese group arrived, a co-defendant in Kansas had asked him for seeds and Yan had declined because the seeds were protected. The co-defendant told Yan about other individuals seeking to steal samples of the seeds. When the delegation came to Stuttgart, Yan traveled with them to a rice farm where he knew they would have an opportunity to steal seeds.

After the theft, Yan denied knowing about the plans to steal the seeds or about the theft itself. Investigators also learned that Yan attempted to cover up a trip he made to China to visit the crops research institute that sent the delegation to the United States.

Sentencing will be set for a later date. Under the plea agreement, Yan faces a penalty of up to 20 months in federal prison.

Co-defendant Weiqiang Zhang, 50, of Manhattan, Kansas, is awaiting trial.

Acting Assistant Attorney General McCord and Acting U.S. Attorney Beall commended the FBI’s Little Rock and Kansas City Field Offices, U.S. Customs and Border Protection and the U.S. Attorney’s Office for the Eastern District of Arkansas.

McCord and Beall also commended Trial Attorney Matt Walczewski for the National Security Division’s Counterintelligence and Export Control Section, Trial Attorneys Brian Resler and Evan Williams for the Criminal Division’s Computer Crime and Intellectual Property Section and Assistant U.S. Attorney Scott Rask of the District of Kansas for their work on the case.

KANSAS CITY, KAN. – A Lenexa man was sentenced Tuesday to five months he already served in jail for harassing former girlfriends and business partners by sending them letters on Internal Revenue Service letterhead saying they were under investigation for tax evasion, Acting U.S. Attorney Tom Beall said.

Jeffrey Nickerson, 56, Lenexa, Kan., pleaded guilty to one count of impersonating a federal employee. In his plea, Nickerson admitted he was an acquaintance of a woman who worked at the IRS Service Center in Kansas City, Mo. She brought IRS letterhead and IRS publications home. He used the information to send letters to former girlfriends and former business partners. The letters said the victims were under investigation as a result of reports being filed to the Internal Revenue Service Fraud Investigations Hotline.

Beall commended the U.S. Treasury Inspector General for Tax Administration and Assistant U.S. Attorney Chris Oakley for their work on the case.

TOPEKA, KAN. – A Geary County man pleaded guilty today to taking part in the kidnapping of a Junction City woman who was killed during the abduction, Acting U.S. Attorney Tom Beall said.

Drexel A. Woody, 26, who lived on Fort Riley at the time of the crime, pleaded guilty to one count of kidnapping resulting in death. The body of Amanda Clemons, 24, of Junction City, was found in February 2014 in Geary County, Kan.

In Woody’s plea, he admitted that on Feb. 7, 2014, he and his co-defendants met the victim, who was a prostitute, at a hotel in Junction City and kidnapped her. The defendants beat the victim in retribution for comments she had made on social media. During the beating, the defendants demanded the victim pay $300. They took the victim to another hotel room in an unsuccessful attempt to get the money, after which they transported her to Woody’s residence on Fort Riley.

While at Woody’s residence, the defendants allowed the victim to call her young son and her mother. The victim’s mother realized the victim was in danger and called Junction City Police. When police called the victim’s number to check on her, and the defendants listened to the call on speaker phone. Fearing arrest, the defendants transported the victim to a bridge in a remote part of Geary County, where they resumed the beating and attacked her with a knife. The victim broke free and jumped off the bridge, falling 15 feet and breaking her ankle. The defendants found the victim in the snow and resumed the assault during which they cut her throat and killed her.

Woody is set for sentencing Jan. 30. He faces a penalty of up to life in federal prison.

Co-defendants who are awaiting trial include:

Larry L. Anderson, 27, Manhattan, Kan.

Marryssa M. Middleton, 25, Fort Riley, Kan.

Shantrell D. Woody, 27, Fort Riley, Kan., formerly an active duty service member.

Christopher Pugh, 32, Junction City, Kan.

 

Beall commended the Junction City Police Department, the Grandview Plaza Police Department, the Geary County Sheriff’s Office, the Riley County Police Department, the Fort Riley Criminal Investigation Division, the FBI, Assistant U.S. Attorney Tony Mattivi, Assistant U.S. Attorney Jared Maag and Geary County Attorney Steven Opat for their work on the case.

 

 

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

 

TOPEKA, KAN. – A man from Washington state was sentenced Monday to 10 years in federal prison for drug trafficking in Kansas, Acting U.S. Attorney Tom Beall said.

Hector M. Birrueta, 32, Pasco, Wash., pleaded guilty to one count of possession with intent to distribute methamphetamine. Law enforcement officers found 57 pounds of methamphetamine in his car when they stopped him Oct. 17, 2015, on I-70 Ellis County, Kan.

Beall commended the Drug Enforcement and Assistant U.S. Attorney Michelle Jacobs for their work on the case.

 

WASHINGTON – Best Choice Home Health Care Agency Inc. (Best Choice) and its owner, Reginald King, have agreed to pay $1.8 million to resolve allegations that Best Choice and King violated the False Claims Act by paying kickbacks for the referral of Medicaid-covered patients for home and community-based healthcare services from Best Choice.  Best Choice is a home healthcare services provider based in Kansas City, Kansas.  King is the owner and operator of Best Choice.

“The department will continue to hold accountable entities and individuals that engage in illegal kickback schemes for the referral of patients,” said Principal Deputy Assistant Attorney General Benjamin C. Mizer, head of the Justice Department’s Civil Division.  “It is critically important that we protect the integrity of government health care programs by ensuring that services are provided based on clinical considerations rather than the financial interests of those who refer patients for care.”

This settlement resolves allegations that from July 1, 2010, through Dec. 31, 2014, Best Choice submitted claims for home and community-based healthcare services to Medicaid that resulted from a kickback arrangement between King, on behalf of Best Choice and Christopher Thomas, who transported patients from their homes to healthcare facilities in Kansas City.  Specifically, under this alleged arrangement, King paid Thomas $58,000 in kickbacks for new patients referred to Best Choice based on a formula which accounted for each hour of service that Best Choice billed to Medicaid.

“Fraud and abuse in Medicaid add costs without adding any value,” said Acting U.S. Attorney Tom Beall for the District of Kansas. “We fight fraud to help make health care more available and more affordable.”

The Medicaid Program is a jointly-funded federal and state program.  Of the $1.8 million that King and Best Choice will pay under the settlement, the United States will receive $1,011,780 and the state of Kansas will receive $788,220.

The settlement resolves allegations originally brought under the qui tam, or whistleblower, provisions of the False Claims Act by Thomas, the recipient of the alleged kickbacks.  The act permits private parties to sue on behalf of the United States for false claims for government funds and to receive a share of any recovery.  The whistleblower reward in this case will be $43,178 which represents 10 percent of the federal share of the settlement, minus the amount that the relator received in kickbacks during the duration of the scheme.

The settlement illustrates the government’s emphasis on combating health care fraud and marks another achievement for the Health Care Fraud Prevention and Enforcement Action Team (HEAT) initiative, which was announced in May 2009 by the Attorney General and the Secretary of Health and Human Services.  The partnership between the two departments has focused efforts to reduce and prevent Medicare and Medicaid financial fraud through enhanced cooperation.  One of the most powerful tools in this effort is the False Claims Act.  Since January 2009, the Justice Department has recovered a total of more than $31.6 billion through False Claims Act cases, with more than $19.2 billion of that amount recovered in cases involving fraud against federal health care programs.

This matter was handled by the Civil Division’s Commercial Litigation Branch, the U.S. Attorney’s Office for the District of Kansas, the Department of Health and Human Services Office of Inspector General and the Kansas Medicaid Fraud Control Unit.

The claims resolved by this settlement are allegations only, and there has been no determination of liability.  The qui tam case is docketed as United States ex rel. Thomas v. Best Choice Home Health Care Agency, Inc., and Reginald King, No. 1:13-cv-2209 (D. Kan.).

 

WASHINGTON – Best Choice Home Health Care Agency Inc. (Best Choice) and its owner, Reginald King, have agreed to pay $1.8 million to resolve allegations that Best Choice and King violated the False Claims Act by paying kickbacks for the referral of Medicaid-covered patients for home and community-based healthcare services from Best Choice.  Best Choice is a home healthcare services provider based in Kansas City, Kansas.  King is the owner and operator of Best Choice.

“The department will continue to hold accountable entities and individuals that engage in illegal kickback schemes for the referral of patients,” said Principal Deputy Assistant Attorney General Benjamin C. Mizer, head of the Justice Department’s Civil Division.  “It is critically important that we protect the integrity of government health care programs by ensuring that services are provided based on clinical considerations rather than the financial interests of those who refer patients for care.”

This settlement resolves allegations that from July 1, 2010, through Dec. 31, 2014, Best Choice submitted claims for home and community-based healthcare services to Medicaid that resulted from a kickback arrangement between King, on behalf of Best Choice and Christopher Thomas, who transported patients from their homes to healthcare facilities in Kansas City.  Specifically, under this alleged arrangement, King paid Thomas $58,000 in kickbacks for new patients referred to Best Choice based on a formula which accounted for each hour of service that Best Choice billed to Medicaid.

“Fraud and abuse in Medicaid add costs without adding any value,” said Acting U.S. Attorney Tom Beall for the District of Kansas. “We fight fraud to help make health care more available and more affordable.”

The Medicaid Program is a jointly-funded federal and state program.  Of the $1.8 million that King and Best Choice will pay under the settlement, the United States will receive $1,011,780 and the state of Kansas will receive $788,220.

The settlement resolves allegations originally brought under the qui tam, or whistleblower, provisions of the False Claims Act by Thomas, the recipient of the alleged kickbacks.  The act permits private parties to sue on behalf of the United States for false claims for government funds and to receive a share of any recovery.  The whistleblower reward in this case will be $43,178 which represents 10 percent of the federal share of the settlement, minus the amount that the relator received in kickbacks during the duration of the scheme.

The settlement illustrates the government’s emphasis on combating health care fraud and marks another achievement for the Health Care Fraud Prevention and Enforcement Action Team (HEAT) initiative, which was announced in May 2009 by the Attorney General and the Secretary of Health and Human Services.  The partnership between the two departments has focused efforts to reduce and prevent Medicare and Medicaid financial fraud through enhanced cooperation.  One of the most powerful tools in this effort is the False Claims Act.  Since January 2009, the Justice Department has recovered a total of more than $31.6 billion through False Claims Act cases, with more than $19.2 billion of that amount recovered in cases involving fraud against federal health care programs.

This matter was handled by the Civil Division’s Commercial Litigation Branch, the U.S. Attorney’s Office for the District of Kansas, the Department of Health and Human Services Office of Inspector General and the Kansas Medicaid Fraud Control Unit.

The claims resolved by this settlement are allegations only, and there has been no determination of liability.  The qui tam case is docketed as United States ex rel. Thomas v. Best Choice Home Health Care Agency, Inc., and Reginald King, No. 1:13-cv-2209 (D. Kan.).

TOPEKA, KAN. - A federal prosecutor will be on duty during election day to respond to complaints of possible election fraud and voting rights violations in Kansas, Acting U.S. Attorney Tom Beall said today.                                           

Assistant U.S. Attorney Leon Patton will be available to the public at 913-551-6730 while the polls are open on Nov. 8.

“Every citizen must be able to vote without interference or discrimination and to have that vote counted without it being stolen because of fraud,” Beall said. “We will act promptly and aggressively to protect the integrity of the election process.”

Beall said he does not expect any problems during the voting. He noted, however, that there are penalties under federal law for any efforts to fraudulently influence the outcome of the election or to improperly prevent another person from exercising the right to vote.

Patton will join other federal prosecutors nationwide as part of the Justice Department’s election-day monitoring program. They will work in consultation with Justice Department headquarters.

The FBI’s Kansas City Field Office will also have Special Agents available to receive allegations of election fraud, intimidation, suppression, and other election abuses. The public can provide information regarding possible election crimes to the FBI’s Kansas City Field Office’s toll-free hotline, 1-855-527-2847, or email kcpctip@ic.fbi.gov.

Citizen complaints about possible violations of the federal voting rights laws can be made directly to the Civil Rights Division’s Voting Section in Washington by phone at 1-800-253-3931 or 202-307-2767, by fax at 202-307-3961, by email to voting.section@usdoj.gov, or by complaint form at http://www.justice.gov/crt/complaint/votintake/index.php .

Any questions involving state or local issues may be referred to the Elections Division of the Kansas Secretary of State’s Office at 1-800-262-8683, or to the pertinent county election office.

WASHINGTON – A Leawood, Kansas business owner was sentenced yesterday to 51 months in prison after being convicted of tax evasion following a five-week jury trial in April announced Principal Deputy Assistant Attorney General Caroline D. Ciraolo, head of the Justice Department’s Tax Division and Acting U.S. Attorney Thomas Beall of the District of Kansas.

 

According to the evidence at trial, Kathleen M. Stegman, 58, owned and operated Midwest Medical Aesthetics (Midwest).  During the years 2006 through 2010, Stegman concealed cash receipts, diverted hundreds of thousands of dollars from Midwest for her personal use, created and used an entity to falsify business expenses and hide Midwest customer checks and falsely claimed as business expenses a mortgage payment on an investment property, the cost of an invisible dog fence, residential gas and electricity bills, Mercedes Benz lease payments and an investment in a deck coating product.  The government also presented evidence that Stegman used the money she diverted from Midwest to fund a lavish lifestyle, including the purchase of condominiums in Las Vegas, over $300,000 in gold coins, a 54-foot yacht and real estate in North Carolina.    

 

The evidence presented also established that Stegman caused an employee to destroy business records during a civil tax audit, provided the Internal Revenue Service (IRS) with false and altered documents and attempted to tamper with a witness’s statement to criminal investigators.

 

In addition to the prison term, U.S. District Judge Julie Robinson ordered Stegman to pay restitution to the IRS in the amount of $68,733 as a condition of supervised release and a fine in the amount of $100,000.

 Principal Deputy Assistant Attorney General Ciraolo commended special agents of IRS-Criminal Investigation, who conducted the investigation and Trial Attorneys Ryan R. Raybould and John T. Mulcahy of the Tax Division and Assistant U.S. Attorney Jabari B. Wamble of the District of Kansas, who prosecuted the case.

 

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

TOPEKA, KAN. – A federal grand jury returned an indictment here Wednesday charging three southwest Kansas men with conspiring to detonate a bomb at an apartment complex in Garden City where Muslim immigrants from Somalia live and worship, Acting U.S. Attorney Tom Beall said.

The indictment was based on the same facts presented in an Oct.14 criminal complaint filed in U.S. District Court in Wichita alleging the men conducted surveillance to size up potential targets, stockpiled firearms, ammunition and explosive components, and prepared a manifesto to be published after the bombing.

Charged with one count of conspiring to use a weapon of mass destruction were:

Curtis Allen, 49, Liberal, Kan.

Gavin Wright, 49, Liberal, Kan., owner of G & H Mobile Home Center at 1250 E. Tucker Road in Liberal.

Patrick Eugene Stein, 51, Wright, Kan.

If convicted, the defendants face up to life in federal prison. Investigating agencies included the FBI, the Liberal Police Department, the Seward County Sheriff’s Office, the Ford County Sheriff’s Office, the Garden City Police Department, the Dodge City Police Department, the Finney County Sheriff’s Office, and Kansas Highway Patrol, and the Kansas Bureau of Investigation. Assistant U.S. Attorney Tony Mattivi and Trial Attorney David Cora of the Justice Department’s Counterterrorism Section are prosecuting.

OTHER GRAND JURY INDICTMENTS

Garret Sims, 29, Topeka, Kan., is charged with one count of unlawful possession of a firearm following a felony conviction, one count of possession with intent to distribute methamphetamine and one count of unlawful possession of a firearm in furtherance of drug trafficking. The crimes are alleged to have occurred Aug. 24, 2016, in Topeka.

Upon conviction, the crimes carry the following penalties:

          Unlawful possession of a firearm following a felony conviction: Up to 10 years and a fine up to $250,000.

          Possession with intent to distribute methamphetamine: Up to 20 years and a fine up to $2 million.

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

 

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

 

Joseph D. Carrier, 37, Topeka, Kan., is charged with one count of unlawful possession of a firearm following a felony conviction and one count of unlawful possession of a stolen firearm. The crimes are alleged to have occurred Aug. 25, 2016, in Topeka.

If convicted, he faces a maximum penalty of 10 years and a fine up to $250,000 on each count. The Bureau of Alcohol, Tobacco, Firearms and Explosives investigated. Assistant U.S. Attorney Duston Slinkard is prosecuting.

Charles James Filkins, Jr., 33, Berryton, Kan., is charged with one count of unlawful possession of a firearm following a felony conviction. The crime is alleged to have occurred Aug. 28, 2016, in Topeka.

If convicted, he faces a maximum penalty of 10 years and a fine up to $250,000. The Bureau of Alcohol, Tobacco, Firearms and Explosives investigated. Assistant U.S. Attorney Duston Slinkard is prosecuting.

Brandon Lee Morris, 22, Topeka, Kan., is charged with one count of unlawful possession of a firearm following a felony conviction and one count of unlawful possession of a firearm with an obliterated serial number. The crimes are alleged to have occurred Aug. 13, 2016, in Topeka.

If convicted, he faces a maximum penalty of 10 years and a fine up to $250,000 on the first count and up to five years and a fine up to $250,000 on the second count. The Bureau of Alcohol, Tobacco, Firearms and Explosives investigated. Assistant U.S. Attorney Duston Slinkard is prosecuting.

Jordan W. Mayfield, 22, Golden, Colo., is charged with one count of possession with intent to distribute cocaine and one count of unlawful possession of a firearm in furtherance of drug trafficking and one count of unlawful possession of a firearm following a felony conviction. The crimes are alleged to have occurred Aug. 21, 2016, in Topeka.

          Upon conviction, the crimes carry the following penalties:

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

          Unlawful 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 Bureau of Alcohol, Tobacco, Firearms and Explosives investigated. Assistant U.S. Attorney Duston Slinkard 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 Florida man was sentenced Wednesday to 46 months in federal prison for robbing a Wichita bank, Acting U.S. Attorney Tom Beall said.

Antonio Adam Smiley, 30, Zephyrhills, Fla., pleaded guilty to one count of bank robbery. He admitted that on Nov. 18, 2015, he robbed the Emprise Bank branch at 2323 S. Hydraulic. He fled the bank with the money and left Wichita. He was identified from surveillance photos and arrested Nov. 23, 2015, in Zephyrhills, Fla.

Beall commended the Wichita Police Department, the FBI and Assistant U.S. Attorney Jason Hart for their work on the case.

WICHITA, KAN. – A Wichita man was charged Tuesday in federal court here with the sex trafficking of a 17-year-old girl, Acting U.S. Attorney Tom Beall said.

John H. Dickerson, 34, Wichita, Kan., was charged with one count of the sex trafficking of a minor and one count of unlawful possession of a firearm following a felony conviction.

A criminal complaint filed in U.S. District Court in Wichita alleges the case grew out of a human-trafficking enforcement operation conducted by the FBI and the Wichita Police Department. On Saturday, Oct. 15, a detective answered an advertisement on an adult services Web site. He arranged to meet a sex worker at a hotel in Wichita and to pay $200 for an hour of sex.

Dickerson dropped off a 17-year-old girl at the detective’s room. The girl and Dickerson were taken into custody. Investigators learned that that Dickerson had been paid several times to take the girl to meet customers.

If convicted, he faces a penalty of not less than10 years in federal prison and a fine up to $250,000 on the trafficking charge, and up to 10 years and a fine up to $250,000 on the firearm charge.

The Wichita Police Department, the FBI and the Internet Crimes Against Children Task Force investigated. Assistant U.S. Attorney Jason Hart is prosecuting.

 

TOPEKA, KAN. – A Topeka man was sentenced Tuesday to 15 months in federal prison for conspiring with another man who devised a plot to detonate a vehicle bomb at Fort Riley military base near Manhattan, Kan., Acting U.S. Attorney Tom Beall announced today.

Alexander E. Blair, 29, Topeka, Kan., pleaded guilty to one count of conspiracy. During a plea hearing, Blair admitted he conspired with co-defendant John T. Booker, Jr., 22, Topeka. Asked after he was arrested about the fact Booker’s plan called for America service members to die in the bombing, Blair said: “That’s what they signed (up) for.”

In March 2014, the FBI began an investigation into Booker, who called himself Mohammed Abdullah Hassan, concerning statements he made online indicating he wanted to wage jihad and to die in the process. Booker was arrested April 10, 2015, and charged with attempting to use a weapon of mass destruction and two other counts.

During the investigation of Booker, law enforcement officers learned that Blair shared some of Booker’s extremist views and loaned Booker money for the purpose of renting a storage unit that Booker used to store components for a bomb. Blair knew of Booker’s intent to detonate a bomb at Fort Riley and to “kill as many soldiers as possible.” Despite being convinced that Booker was serious about carrying out the plot, Blair chose not to report what he knew to the authorities.

Booker pleaded guilty to one count of attempted use of a weapon of mass destruction and one count of attempted destruction of government property. He is awaiting sentencing.

Beall commended the FBI Joint Terrorism Task Force, Assistant U.S. Attorneys Tony Mattivi and David Smith of the District of Kansas, and Trial Attorneys Josh Parecki and Rebecca Magnone of the National Security Division’s Counterterrorism Section for their work on the case.

KANSAS CITY, KAN. – A Kansas City, Mo., man was charged in federal court for enticing an 18-year-old woman across state lines for prostitution, Acting U.S. Attorney Tom Beall said.

Derrick D. Horne, 26, Kansas City, Mo., was charged with one count of enticing a person to cross state lines to engage in prostitution. A criminal complaint alleged the case grew out of an undercover operation by the Kansas City, Kan., Police Department and the FBI to target individuals who promote prostitution and to recover victims of human trafficking.

On Oct. 15, 2016, an undercover officer responded to an adult website advertisement and arranged to meet a sex worker and to pay for sex, starting at $150 for half an hour. When Horne dropped the sex worker off to meet the officer at a recreational vehicle parked behind a hotel at 1805 N. 110th Street in Kansas City, Kan., both he and the woman were arrested.

Investigators learned Horned had recruited the woman to be a prostitute, saying she could be his “lil business woman/escort” and she would “get money for doing nothing (the) majority of the time.” The first time Horne set up an appointment for the woman, the client paid $170. Horne got $80 and the woman got $90.

If convicted, he faces up to 20 years in federal prison and a fine up to $250,000. The Kansas City, Kansas Police Department, Kansas City, Missouri Police Department, Wyandotte County Sheriff’s Department, Overland Park, Kansas Police Department, and the FBI investigated.

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

WICHITA, KAN. – A federal grand jury returned an indictment here Tuesday charging a Salina man with producing and distributing child pornography, Acting U.S. Attorney Tom Beall said.

Michael N. Rodenbeek, 53, Salina, Kan., is charged with three counts of producing child pornography, one count of distributing child pornography, one count of possessing child pornography, and one count of unlawful possession of a firearm following a felony conviction. The crimes are alleged to have occurred in June, July, August and September, 2016, in Saline and Sedgwick counties.

A complaint filed in the case alleges a Wichita police detective accessed a file sharing network to download child pornography from Rodenbeek’s computer. Investigators learned that on June 18, 2016, Rodenbeek used an iPhone to record a 9-year-old girl and on July 19, 2016, he used an iPhone to record a 10-year-old girl.

If convicted, he faces a penalty of not less than 15 years and not more than 30 years on each count of production, not less than five years and not more than 20 years on the distribution count, up to 20 years on the possession count, and up to 10 years on the firearm charge. The Wichita Police Department, Homeland Security Investigations and the Internet Crimes Against Children Task Force investigated. Assistant U.S. Attorney Jason Hart is prosecuting.

OTHER GRAND JURY INDICTMENTS

Brett Nolan Cico, 31, St. Francis, Kan., is charged with two counts of producing child pornography and two counts of committing a felony involving a minor while registered as a sex offender.

The indictment alleges that on Jan. 15, 2016, he took pictures of a 14-year-old girl and a 14-year-old boy. The crimes are alleged to have occurred in Sherman County, Kan.

If convicted, he faces a penalty of not less than 15 years and not more than 30 years on each count of production, and 10 years to be served consecutively on each of the other counts. Immigration and Customs Enforcement and Homeland Security Investigations investigated.         Assistant U.S. Attorney Jason Hart is prosecuting.

Kevin Michael Hamill, 28, Wichita, Kan., is charged with one count of possession with intent to distribute methamphetamine. The crime is alleged to have occurred Sept. 3, 2016, in Kingman County, Kan.

If convicted, he faces a penalty of not less than five years and not more than 40 years in federal prison and a fine up to $2 million. The Kingman Police Department investigated. Special Assistant U.S. Attorney Kimberley Rodebaugh is prosecuting.

James Ray Lawson, 54, Louisville, Ky., is charged with one count of possession with intent to distribute methamphetamine. The crime is alleged to have occurred Sept. 15, 2016, in Ellis County, Kan.,

If convicted, he faces a penalty of not less than 10 years and a fine up to $4 million on the methamphetamine count, and up to five years and a fine up to $250,000 on the marijuana count. The Drug Enforcement Administration investigated. Special Assistant U.S. Attorney Kimberley Rodebaugh is prosecuting.

Arturo Rodriguez-Martinez, 53, a citizen of Mexico, is charged with unlawfully re-entering the United States after being deported. He was found Sept. 23, 2016, in Sedgwick County, Kan.

If convicted, he faces a penalty up to two years in federal prison and a fine up to $250,000. Immigration and Customs Enforcement’s Enforcement and Removal Operations Investigated. Assistant U.S. Attorney Brent Anderson is prosecuting.  

Jose Manuel Arriaga-Guillen, 24, a citizen of Mexico, is charged with unlawfully re-entering the United States after being deported. He was found Sept. 27, 2016, in Sedgwick County, Kan.

If convicted, he faces a penalty up to two years in federal prison and a fine up to $250,000. Immigration and Customs Enforcement’s Enforcement and Removal Operations Investigated. Assistant U.S. Attorney Brent Anderson is prosecuting. 

Gabriel Lemus-Miranda, 36, a citizen of Mexico, is charged with unlawfully re-entering the United States after being deported. He was found Aug. 18, 2016, in Sedgwick County, Kan.

If convicted, he faces a penalty up to two years in federal prison and a fine up to $250,000. Immigration and Customs Enforcement’s Enforcement and Removal Operations Investigated. Assistant U.S. Attorney Brent Anderson is prosecuting. 

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