District of Kansas

TOPEKA, KAN. - A Mexican man was indicted Wednesday on charges that he was stopped in Shawnee County with 34 pounds of methamphetamine in his car, Acting U.S. Attorney Tom Beall said.

 Luis Manuel Mojarro-Lopez, 33, a citizen of Mexico, is charged with one count of possession with intent to distribute methamphetamine. An affidavit filed in the case alleges that on June 18 the defendant was driving a 2007 Ford Mustang when a Kansas Highway Patrol trooper pulled him over for running a stop sign on the I-70 eastbound exit ramp at Wanamaker.

A search of the vehicle turned up 34 pounds of methamphetamine hidden in a false compartment behind the rear seat. Investigators learned Mojarro-Lopez was being paid $2,000 to drive the vehicle from Los Angeles to Kansas City, Kan. He was told to call his contact for further directions after he arrived in Kansas City, Kan.

If convicted, he faces a penalty of up to 20 years in federal prison and a fine up to $1 million. The Kansas Highway Patrol and the Drug Enforcement Administration investigated. Special Assistant U.S. Attorney Skip Jacobs is prosecuting.

OTHER GRAND JURY INDICTMENTS

Christopher Lee Evans, 30, who is currently in federal custody, is charged with one count of unlawful possession of a firearm following a felony conviction. The crime is alleged to have occurred Sept. 11, 2015, in Shawnee County, Kan. The indictment alleges he possessed a .25 mm Titan pistol despite being prohibited from having a gun because of a conviction in 2008 in Shawnee County District Court on an aggravated burglary charge.

If convicted, he faces a penalty of 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.

WICHITA, KAN. - The former recreation director for the City of Osawatomie was sentenced Monday to five years on federal supervised probation for embezzling more than $125,000 from the city, Acting U.S. Attorney Tom Beall said.

Ron Maring, 54, Osawatomie, Kan., pleaded guilty to one count of tax fraud and false statement, and one count of money laundering. In his plea, he admitted the crimes occurred while he was director of the Osawatomie Recreation Commission.

He wrote checks from the recreation commission’s account to himself and to American Legion Baseball. He converted the money for his own use and not for the use of the recreation commission or American Legion Baseball.

As part of the scheme, he persuaded recreation commission board members to sign blank checks, used his own signature as an endorsement and instructed a recreation commission employee to endorse checks.

When he filed his 2010 federal income tax return he failed to report the embezzled income, which would have added $14,902 in taxes owed.

Beall commended the Osawatomie Police Department, the Kansas Department of Revenue, Office of Special Investigation, and the Internal Revenue Service – Criminal Investigations and Assistant U.S. Attorney Aaron Smith for their work on the case.

WICHITA, KAN. - A cattle buyer from Harper County was indicted Tuesday on federal fraud charges, Acting U.S. Attorney Tom Beall said.

Randall D. Patterson, 62, Anthony, Kan., is charged with 14 counts of wire fraud. Patterson owned Anthony Livestock Co. (ALC), which was in the business of buying and selling cattle. He was the president of the National Livestock Marketing Association from 2004 to 2006.

The indictment alleges Patterson had an agreement to buy cattle at a “delivered price” from JBS Five Rivers Cattle Feeding. That price included the price paid for the cattle, the cost of freight, health costs for cattle and a commission of 50 cents per hundredweight. Five Rivers would notify Patterson of a maximum delivered price and Patterson would purchase cattle at sales barns in Kansas and Oklahoma. The sales barns would prepare invoices showing the price paid at auction.

The indictment alleges Patterson:

Caused sales barns to issue invoices falsely inflating the prices ALC agreed to pay at auction.

Caused ALC employees to fax invoices to Five Rivers falsely inflating the amount paid for cattle.

Caused at least 14 faxes to be sent to Five Rivers and other cattle feeding companies falsely inflating the amount paid ALC paid for cattle.

If convicted, he faces a maximum penalty of 20 years in federal prison and a fine up to $250,000 on each fraud count. The FBI and the U.S. Department of Agriculture investigated. Assistant U.S. Attorney Alan Metzger is prosecuting.

 

OTHER GRAND JURY INDICTMENTS

Trayvon L. Williams, 21, Wichita, Kan., is charged in a superseding indictment with one count of unlawful possession of a firearm following a felony conviction, one count of unlawful possession of ammunition following a felony conviction, and one misdemeanor count of possession of marijuana. The crimes are alleged to have occurred Dec. 1, 2015 in Wichita, Kan.

If convicted he faces a penalty of up to 10 years in federal prison and a fine up to $250,000 on each of the firearm charges, and up to a year and a fine up to $1,000 on the marijuana charge. The Wichita Police Department investigated. Assistant U.S. Attorney Matt Treaster is prosecuting.

Dat T. Huynh, 26, Wichita, Kan., is charged with one count of unlawful possession of a firearm by a user of controlled substances, one count of unlawful possession of ammunition by a user of controlled substances, one count of unlawful possession of a sawed off shotgun and one misdemeanor count of possession of marijuana. The crimes are alleged to have occurred March 25, 2016, in Sedgwick County, Kan.

If convicted, he faces a maximum penalty of 10 years in federal prison and a fine up to $250,000 on the first two firearms charges, a maximum penalty of 10 years and a fine up to $10,000 on the shotgun charge, and a maximum penalty of one year and a fine up to $1,000 on the marijuana charge. The Bureau of Alcohol, Tobacco, Firearms and Explosives investigated. Assistant U.S. Attorney Lanny Welch is prosecuting.

Alexander S. Rivera, 22, Long Beach, Calif., and Destiney L. Metzger, 18, Long Beach, Calif., are charged with one count of possession with intent to distribute methamphetamine and one count of interstate travel in furtherance of drug trafficking. The crimes are alleged to have occurred June 11, 2016, in Sedgwick County, Kan.

If convicted, they face penalty of not less than 10 years and a fine up to $10 million on possession with intent to distribute charge, and a maximum penalty of five years and a fine up to $250,000 on the interstate travel charge. The Drug Enforcement Administration investigated. Assistant U.S. Attorney Lanny Welch is prosecuting.

Kevin M. Jones, 30, Wichita, Kan., and Treasure N. Jones, 28, Wichita, Kan., are charged with three counts of counterfeiting $20 and $50 bills. The crimes are alleged to have occurred April 9 and 10, 2016, in Sedgwick County, Kan.

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

Anthony Grant Oshel, 37, Wichita, Kan., is charged with three counts of counterfeiting $20 bills. The crimes are alleged to have occurred March 24 and 25, 2016, in Sedgwick County, Kan.

If convicted, he faces a maximum penalty of 20 years in federal prison and a fine up to $250,000 on each count. The Wichita Police Department investigated. Assistant U.S. Attorney Alan Metzger is prosecuting.

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

 

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

Sean P. Hall, 46, Topeka, Kan., pleaded guilty to one count of conspiracy. In his plea, he admitted to conspiring with co-defendants to operate a Topeka-based prostitution business. 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.

Hall admitted that in 2012 he started working for co-defendant Frank Boswell at Club Magic, a nightclub in Lawrence, Kan. Hall became a trusted employee and learned from Boswell how the prostitution business operated. Hall transported prostitutes to and from meetings with clients. He posted photos of prostitutes on Internet sites advertising their services. He also promoted the business by posting reviews of prostitutes on other Web sites that advertised sexual services.

Sentencing is set for Oct. 3. He faces a penalty of up to five years in federal prison and a fine up to $250,000 on each count.

Co-defendant Frank Boswell, 42, Topeka, Kan., is awaiting trial. Co-defendant Rachel Flenniken, 34, Topeka, Kan., pleaded guilty earlier this month and is set for sentencing Oct. 17.

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.

TOPEKA, KAN. - A Topeka man was sentenced today to three years in federal prison for robbing a gas station, Acting U.S. Attorney Tom Beall said.

Darrian Michael Stewart, 22, Topeka, Kan., pleaded guilty to one count of bank robbery. In his plea, he admitted that on June 20, 2014, he robbed a BP convenience store at 1401 S.W. Huntoon Avenue in Topeka. He entered the store about 8:23 p.m. before approaching the clerk at the counter with what appeared to be a black handgun and demanding money. He fled the store on foot. Later he was identified from surveillance video and arrested.

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

KANSAS CITY, KAN. - A federal grand jury indictment unsealed here today alleges the owners of a Kansas City roofing company intimidated and coerced undocumented workers to pay kickbacks in violation of federal forced labor statutes, Acting U.S. Attorney Tom Beall said.

The indictment alleges the owners of Century Roofing knowingly employed undocumented workers, using coercion, extortion and threats to control workers and force them to pay kickbacks. Their goal was to make money by cutting Century Roofing’s costs and giving the company a competitive advantage.

“Unlawful business practices alleged in the indictment paint a picture of undocumented workers being manipulated by employers who played on their vulnerabilities – particularly their fear of being caught and deported from the United States,” said Acting U.S. Attorney Tom Beall.

The indictment alleges the owners of Century Roofing at 6 South 59th St. Lane, Kansas City, Kan., used primarily undocumented workers who were paid in cash to complete commercial and residential roofing projects in the Kansas City metro area. The defendants are alleged to have used unlawful tactics to enrich themselves at the expense of workers including:

• Threatening to fire roofing crew leaders unless they paid cash kickbacks to the defendants.

• Threatening to cause roofing crew leaders to be fired from jobs working for other companies -- or to be unable to get jobs with other companies -- unless they paid kickbacks to the defendants.

• Threatening to take back work trucks provided to crew leaders unless they paid kickbacks, even when crew leaders were making loan payments, and paying for insurance and maintenance on the trucks.

• Threatening to report them to U.S. immigration authorities unless they paid kickbacks.

• Threatening to report them to U.S. immigration authorities if crew leaders or crews worked for other roofing companies without the defendants’ approval.

• Threatening to report them to U.S. immigration authorities if crew leaders or crews failed to complete work by deadlines set by the defendants.

• Evicting or threatening to evict crew leaders from housing provided by defendants if they didn’t follow the defendants’ orders.

“This joint operation reflects our commitment to working with our law enforcement partners to bring to justice human traffickers,” said Acting Special Agent in Charge James Gibbons of HSI Chicago. “We are resolute in our efforts to not only arrest human traffickers, but also to rescue the victims.”

Defendants named in the indictment are in custody and scheduled to make an appearance this afternoon in U.S. District Court in Kansas City, Kan. The defendants are:

Tommy Frank Keaton, 70, Shawnee, Kan., co-owner of Canadian West, Inc., and RAM Metal Products, doing business as Century Roofing.

Graziano Cornolo, 55, Lenexa, Kan., co-owner of co-owner of Canadian West, Inc., and RAM Metal Products, doing business as Century Roofing.

Alberto Diaz-Hernandez, 33, a citizen of Mexico, and employee of Century Roofing.

       Charges in the indictment include:

• Conspiracy to obtain forced labor and benefit from forced labor (count one).

• Obtaining and attempting to obtain forced labor (counts 2,3 and 4)

• Benefitting from forced labor (counts 5, 6 and 7)

• Conspiracy to transport undocumented workers in the United States and encouraging undocumented aliens to remain in the United States for the purpose of financial gain (count eight)

• Transporting an undocumented worker in the United States (counts nine and 10).

• Harboring an undocumented worker (counts 11, 12 and 13)

• Encouraging or inducing undocumented workers to reside in the United States (count 14-17)

Upon conviction the charges carry the following penalties:

• Counts 1-7 labor trafficking: Up to 20 years in federal prison and a fine up to $250,000 on each count.

• Count 8: Up to 20 years in federal prison and a fine up to $250,000.

• Counts 9-17 Transporting, encouraging undocumented workers to remain unlawfully in the United States: A maximum penalty of five years in federal prison and a fine up to $250,000.

Investigating agencies include: Homeland Security Investigations (HSI), the Kansas Department of Revenue, the Clay County Sheriff’s Department, the Overland Park Police Department, the Wyandotte County Sheriff’s Department, the Kansas City, Kan., Police Department, the Lenexa Police Department and the Shawnee Police Department. Assistant U.S. Attorney Brent Anderson is prosecuting. keaton_indict_2_.pdf

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

WICHITA, KAN. - Federal bank robbery and firearm charges were filed Tuesday against three Wichita men, Acting U.S. Attorney Tom Beall said.

The defendants are:

Raishat McGill, 34, Wichita, Kan., one count of bank robbery and one count of brandishing a firearm in relation to the robbery.

Andre Bryant, 29, Wichita, Kan., one count of bank robbery and one count of brandishing a firearm in relation to the robbery.

Elijah Shelton, 25, Wichita, Kan., one count of bank robbery and one count of brandishing a firearm in relation to the robbery.

An investigator’s affidavit filed in the case alleges that on June 13, 2016, three men robbed the Carson Bank at 4641 E. Douglas in Wichita. At about 10:30 a.m., two of the robbers entered the bank brandishing firearms and shouting orders to bank employees. One of the defendants shouted: “If you guys don’t open up in 30 seconds, I’m shooting.” The defendants forced two bank employees to enter codes to open a vault. The robbers seized cash from the vault and fled from the bank.

Police spotted the robbers’ car in the 800 block of South Martinson and followed until the robbers ran from the car on foot and were arrested.

If convicted, the defendants face a penalty of up to 25 years in federal prison and a fine up to $250,000 on the bank robbery charge, and not less than five years and a fine up to $250,000 on the firearm charge. The Wichita Police Department, the Sedgwick County Sheriff’s Department and the FBI investigated. Assistant U.S. Attorney Lanny Welch is prosecuting.

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

WICHITA, KAN. - An Emporia man was sentenced Monday to six years in federal prison for distributing child pornography, Acting U.S. Attorney Tom Beall said.

Zachary E. Krueger, 33, Emporia, Kan., pleaded guilty to one count of distributing child pornography. In his plea, he admitted he distributed child pornography over the Internet using an encrypted peer-to-peer network. The investigation began with an Internet chat between Krueger and an undercover agent in Delaware. Krueger gave the agent a password to access and download files including images of prepubescent children engaged in sexual activities. Investigators traced Krueger’s IP address back to his home in Emporia.

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

KANSAS CITY, KAN. - A former prison guard was indicted Wednesday on federal charges alleging he received more than $200,000 in bribes for smuggling tobacco to prisoners in Leavenworth Penitentiary, Acting U.S. Attorney Tom Beall said.

Marc Buckner, 46, Kansas City, Kan., is charged with one count of accepting bribes. The indictment alleges that from 2005 to 2014 while he worked at the prison he accepted more than $200,000 in bribes. He received approximately $750 from inmates each time he smuggled tobacco into the prison.

If convicted, he faces a penalty of up to 15 years in federal prison and a fine up to three times the value of the contraband. The FBI investigated. Assistant U.S. Attorney Jabari Wamble is prosecuting.

         

OTHER GRAND JURY INDICTMENTS

Latoya Trent, 34, Kansas City, Mo, is charged with one count of theft of public funds and one count of bank fraud. The crimes are alleged to have occurred from 2012 to 2014 in Johnson County, Kan.

The indictment alleges she was paid more than $43,000 in unemployment benefits that she was not qualified to receive.

If convicted, she faces up to 10 years in federal prison and a fine up to $250,000 on the theft charge, and up to 30 years and a fine up to $1 million on the bank fraud count. The U.S. Department of Labor – Office of Inspector General investigated. Assistant U.S. Attorney Chris Oakley is prosecuting.

**

Samfin Ondieki Ogega, 36, a citizen of Kenya, is charged with attempting to evade a lawful order for his removal from the United States. The crime is alleged to have occurred May 26, 2016, in Sedgwick County, Kan.

If convicted, he faces a penalty of up to four years in federal prison and a fine up to $250,000. Immigration and Customs Enforcement investigated. Assistant U.S. Attorney Matt Treaster is prosecuting.

**

Anthony Barajas, 24, is charged with escaping from custody at the Grossman Residential Reentry Center in Leavenworth, Kan., on May 6, 2016.

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

**

Ronald Hudson, 58, Mulberry, Kan., is charged with one count of theft of public funds and 11 counts of wire fraud. The crimes are alleged to have occurred from 2008 to 2014 in Crawford County, Kan.

The indictment alleges he received Supplemental Security Income payments to which he was not entitled.

If convicted, he faces up to 10 years in federal prison and a fine up to $250,000 on the theft charge, and up to 20 years and a fine up to $250,000 on each wire fraud count. The Social Security Administration – Office of Inspector General investigated. Special Assistant U.S. Attorney Erin Tomasic is prosecuting.

**

Azar Reed, 56, Kansas City, Kan., is charged with one count of theft of public funds, one count of making a false statement to the Social Security Administration, and 14 counts of mail fraud. The indictment alleges he received benefits to which he was not entitled. The crimes are alleged to have occurred from 2010 to 2013 in Wyandotte County, Kan.

If convicted, he faces up to 10 years in federal prison and a fine up to $250,000 on the theft charge, up to five years and a fine up to $250,000 on the false statement charge, and up to 20 years and a fine up to $250,000 on each count of mail fraud. The Social Security Administration investigated. Special Assistant U.S. Attorney Erin Tomasic is prosecuting.

**

Kevin Wayne Clark, 51, Parsons, Kan., is charged with one count of theft of public funds, three counts of mail fraud and three counts of wire fraud. The indictment alleges he received benefits to which he was not entitled. The crimes are alleged to have occurred in 2014 in Labette County, Kan.

If convicted, he faces up to 10 years in federal prison and a fine up to $250,000 on the theft charge, up to 20 years and a fine up to $250,000 on each mail fraud count, and up to 20 years and a fine up to $250,000 on each wire fraud count. The Social Security Administration investigated. Special Assistant U.S. Attorney Erin Tomasic 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 woman pleaded guilty Tuesday to taking part in an interstate sex trafficking business, Acting U.S. Attorney Tom Beall said.

Rachel Flenniken, 34, Topeka, Kan., pleaded guilty to one count of conspiracy and two counts of using an interstate facility in furtherance of prostitution. In her plea, she admitted working for a male co-defendant who was running a prostitution business in Topeka. At times, as many as 20 females were working as prostitutes in the organization. Flenniken’s employer rented houses where some of the prostitutes were allowed to live. He used Web sites, social media and cell phones to advertise sexual services and to keep track of the prostitutes.

Flenniken admitted she began working for the male co-defendant as a prostitute in 2008. By 2010, he put her in charge of other prostitutes. She was responsible for keeping track of their meetings with clients and collecting the money they received. She arranged interstate travel for the purpose of prostitution, posted on-line advertisements for workers, and maintained communication with prostitutes while they were working.

Sentencing is set for Oct. 17. She faces a penalty of up to five years in federal prison and a fine up to $250,000 on each count.

Co-defendant Frank Boswell, 42, Topeka, Kan., is awaiting trial.

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.

WASHINGTON – A Stillwell, Kansas, man pleaded guilty today to one count of aggravated identity theft and one count of theft of government funds, announced Acting Assistant Attorney General Caroline D. Ciraolo of the Justice Department’s Tax Division and Acting U.S. Attorney Tom Beall of the District of Kansas.

Richard Drake, 60, admitted that he obtained more than $2 million from the Internal Revenue Service (IRS) by filing false tax returns in the names of his clients.  Those false returns claimed refunds that Drake directed into accounts he controlled.  In his plea agreement, Drake admitted that he used the identities of his clients to perpetrate his fraud without their knowledge.  The tax returns that Drake filed caused the U.S. Department of the Treasury to issue large income tax refunds that Drake then converted to his own use.

As part of his plea agreement, Drake has agreed to serve 48 months in prison and to pay $2,432,147 in restitution to the IRS.  The sentencing hearing date has not yet been determined.

Acting Assistant Attorney General and Acting U.S. Attorney Beall commended special agents of IRS–Criminal Investigation, who investigated the case, and Trial Attorney Ryan Raybould of the Tax Division and Assistant U.S. Attorney Tris Hunt of the District of Kansas, who are prosecuting the case.

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

WASHINGTON – A Kansas man pleaded guilty today to six counts of exporting and attempting to export firearms illegally from the United States to individuals located in other countries, announced Assistant Attorney General Leslie R. Caldwell of the Justice Department’s Criminal Division and Acting U.S. Attorney Tom Beall of the District of Kansas.

Michael Andrew Ryan, 35, of Manhattan, Kansas, pleaded guilty before U.S. District Judge Daniel D. Crabtree of the District of Kansas, who set sentencing for Sept. 12, 2016.

“With a computer and an internet connection, Ryan hosted an international arms trafficking business on the dark web, peddling firearms and ammunition throughout the world,” said Assistant Attorney General Caldwell.  “Criminals of all stripes take advantage of technological advances to further their crimes and attempt to avoid identification and arrest.  In this case, thanks to the hard work of the prosecutors and law enforcement officers involved, we were able to shut down dangerous criminal activity and secure the defendant’s conviction – but we must remain vigilant to ensure that law enforcement retains the necessary capabilities to keep up with criminals.”

“The fact that international firearms trafficking has reached Kansas shows the power of the internet,” said Acting U.S. Attorney Beall.  “This prosecution shows our law enforcement efforts are working.”

In connection with his plea, Ryan admitted that he used a hidden internet marketplace website that sold illegal drugs and other illegal goods to unlawfully export or attempt to export firearms from the United States to Cork, Ireland; Pinner, England; Edinburgh, Scotland; Victoria, Australia; and Mallow, Ireland.

In his plea, he admitted unlawfully exporting or attempting to export to:

Cork:

• a Beretta 9 mm pistol;

• a Taurus .38 Special revolver;

• a 15-round 9 millimeter magazine;

• 32 rounds of 9 mm ammunition;

• one round of .380 ammunition; and

• 41 rounds of .40 caliber ammunition.

 

Pinner:

• a .22 caliber UZI;

• a .22 caliber magazine for an UZI;

• 98 rounds of .22 caliber ammunition; and

• 89 rounds of .270 long ammunition.

 

Edinburg:

• a Highpoint .45 caliber pistol;

• a .45 caliber magazine; and

• 19 rounds of .45 caliber ammunition.

   

Victoria:

• a Walther P22, .22 caliber pistol; and

• a .22 caliber magazine.

 

Mallow:          

• a Glock model 27, .40 caliber pistol;

• a Glock model 22, .40 caliber pistol;

• a 9- round magazine for a .40 caliber Glock;

• a 10-round magazine for a .40 caliber Glock; and

• 10 rounds of 9 mm ammunition.

 

The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) Kansas City Field Division investigated the case with assistance from ATF’s Washington, D.C., Division; U.S. Customs and Border Protection; U.S. Immigration and Customs Enforcement’s Homeland Security Investigations; and the Manhattan and Riley County, Kansas, Police Departments.  Senior Counsel Marie-Flore Johnson of the Criminal Division’s Computer Crime and Intellectual Property Section and Assistant U.S. Attorney Greg Hough of the District of Kansas are prosecuting the case.

A Kansas man pleaded guilty today to six counts of exporting and attempting to export firearms illegally from the United States to individuals located in other countries, announced Assistant Attorney General Leslie R. Caldwell of the Justice Department’s Criminal Division and Acting U.S. Attorney Tom Beall of the District of Kansas.

Michael Andrew Ryan, 35, of Manhattan, Kansas, pleaded guilty before U.S. District Judge Daniel D. Crabtree of the District of Kansas, who set sentencing for Sept. 12, 2016.

“With a computer and an internet connection, Ryan hosted an international arms trafficking business on the dark web, peddling firearms and ammunition throughout the world,” said Assistant Attorney General Caldwell.  “Criminals of all stripes take advantage of technological advances to further their crimes and attempt to avoid identification and arrest.  In this case, thanks to the hard work of the prosecutors and law enforcement officers involved, we were able to shut down dangerous criminal activity and secure the defendant’s conviction – but we must remain vigilant to ensure that law enforcement retains the necessary capabilities to keep up with criminals.”

“The fact that international firearms trafficking has reached Kansas shows the power of the internet,” said Acting U.S. Attorney Beall.  “This prosecution shows our law enforcement efforts are working.”

In connection with his plea, Ryan admitted that he used a hidden internet marketplace website that sold illegal drugs and other illegal goods to unlawfully export or attempt to export firearms from the United States to Cork, Ireland; Pinner, England; Edinburgh, Scotland; Victoria, Australia; and Mallow, Ireland.

In his plea, he admitted unlawfully exporting or attempting to export to:

Cork:

• a Beretta 9 mm pistol;
• a Taurus .38 Special revolver;
• a 15-round 9 millimeter magazine;
• 32 rounds of 9 mm ammunition;
• one round of .380 ammunition; and
• 41 rounds of .40 caliber ammunition.

Pinner:

• a .22 caliber UZI;
• a .22 caliber magazine for an UZI;
• 98 rounds of .22 caliber ammunition; and
• 89 rounds of .270 long ammunition.

Edinburg:

• a Highpoint .45 caliber pistol;
• a .45 caliber magazine; and
• 19 rounds of .45 caliber ammunition.

Victoria:

• a Walther P22, .22 caliber pistol; and
• a .22 caliber magazine.

Mallow:          

• a Glock model 27, .40 caliber pistol;
• a Glock model 22, .40 caliber pistol;
• a 9- round magazine for a .40 caliber Glock;
• a 10-round magazine for a .40 caliber Glock; and
• 10 rounds of 9 mm ammunition.

The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) Kansas City Field Division investigated the case with assistance from ATF’s Washington, D.C., Division; U.S. Customs and Border Protection; U.S. Immigration and Customs Enforcement’s Homeland Security Investigations; and the Manhattan and Riley County, Kansas, Police Departments.  Senior Counsel Marie-Flore Johnson of the Criminal Division’s Computer Crime and Intellectual Property Section and Assistant U.S. Attorney Greg Hough of the District of Kansas are prosecuting the case.

KANSAS CITY, KAN. - A Kansas City, Kan., man was sentenced Monday to life in federal prison for drug trafficking, Acting U.S. Attorney Tom Beall said.

Juan Manuel Lopez-Garcia, 27, a citizen of Mexico who lived in Kansas City, Kan., was convicted by a jury in January on one count of conspiracy to distribute methamphetamine and one count of possession with intent to distribute methamphetamine.

During trial, prosecutors presented evidence that Lopez-Garcia was the main supplier of methamphetamine to a drug trafficking ring that operated in the Kansas City metropolitan area. Lopez-Garcia, who was from Sinaloa, Mexico, received 50 to 60 kilograms of methamphetamine from his brother, who was a high ranking member of the Sinaloa Cartel. Lopez-Garcia paid for methamphetamine shipments he received by arranging to send payments in the form of $50,000 to $80,000 in cash at a time to Mexico in vehicles with hidden compartments. Lopez-Garcia was arrested Sept. 5, 2014, at a residence in the 400 block of Shawnee in Kansas City, Kan.

Beall commended the FBI, the Kansas Highway Patrol, the Kansas City, Kan., Police Department, Special Assistant U.S. Attorney James Ward and Assistant U.S. Attorney Sheri Catania for their work on the case.

KANSAS CITY, KAN. – A registered sex offender from Kansas was charged in federal court here Thursday with picking up a 16-year-old girl in Virginia and taking her across state lines to have sex with him, Acting U.S. Attorney Tom Beall said today.

Logan Viquesney, 20, Kansas City, Kan., was charged with one count of interstate transportation of a minor to engage in sexual activity.

An affidavit filed in the case alleges the victim was staying with her grandparents in Virginia when she and Viquesney began communicating over the Internet. On May 30, the victim was reported missing from her grandparents’ home. Investigators learned that Viquesney had driven to Virginia, picked up the girl, and taken her with him on a trip that took them from Virginia to Maryland, Illinois, Missouri and Kansas. While on the trip, Viquesney had sex with the girl.

Viquesney was arrested after he arrived in Kansas City, Kan., with the girl.

If convicted, he faces a penalty not less than 10 years in federal prison. Investigating agencies include the Kansas City, Kan., Police Department, the Lenexa Police Department, the Kansas Bureau of Investigation and the FBI. Assistant U.S. Attorney Chris Oakley is prosecuting.

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

TOPEKA, KAN. - Topeka real estate developer Kent E. Lindemuth was indicted Wednesday on federal bankruptcy fraud charges, Acting U.S. Attorney Tom Beall said.

A federal grand jury returned an indictment charging Lindemuth, 64, Topeka, Kan., with 103 counts of bankruptcy fraud. In November 2012 Lindemuth filed for Chapter 11 bankruptcy protection, reporting to the court he had more than $3.5 million in debt. Under federal law, any property acquired after the date of the bankruptcy filing belongs to the bankruptcy estate, which includes assets that may be used to reimburse creditors and pay off or reduce the debt.

The indictment alleges that from August 2013 to December 2014 Lindemuth purchased more than 100 firearms valued at more than $80,000. The indictment alleges he did not disclose to his creditors or the bankruptcy trustee either the firearms or the money used to purchase the firearms. The indictment contains a list of firearms, charging Lindemuth with one count of bankruptcy fraud for each firearm. The indictment seeks a money judgment of $80,000 against Lindemuth in addition to a criminal penalty.

If convicted, Lindemuth faces a penalty of up to five years and a fine up to $250,000 on each count. The FBI investigated. Assistant U.S. Attorney Tony Mattivi is prosecuting.

OTHER GRAND JURY INDICTMENTS

John McNett, 50, Yates Center, Kan., is charged with one count of assaulting two U.S. Department of Veterans Affairs police officers. The crime is alleged to have occurred Jan. 29, 2016, in Topeka, Kan.

If convicted, he faces a penalty of up to eight years in federal prison and a fine up to $250,000. The Veterans Administration – Office of the Inspector General 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 former Bel Aire police chief has pleaded guilty to a federal misdemeanor charge of theft of public funds, Acting U.S. Attorney Tom Beall said today.

John R. Daily, 63, Haysville, Kan., pleaded guilty Tuesday to one count of theft of government funds. In his plea, he admitted he filed paperwork falsely representing that certain firearms were purchased for the exclusive use of the Bel Aire Police Department. As a result, no sales tax was collected on the purchase of the following firearms:

• $72 in sales tax was not collected on the purchase of a Sig Sauer 1911R TACOPS handgun

• $231 in sales tax was not collected on the purchase of three FNP90 rifles.

Daily knew or believed that the firearms would be owned by individuals, not by the department, although the firearms would be available for work use as well as personal use.

Sentencing is set for Aug. 17. He faces a penalty of up to one year in federal prison and a fine up to $100,000. Beall commended the Sedgwick County Sheriff’s Department, the Bureau of Alcohol, Tobacco, Firearms and Explosives and Assistant U.S. Attorney Debra Barnett for their work on the case.

WASHINGTON – The U.S. District Court for the District of Kansas entered a consent decree of permanent injunction against Native American Enterprises LLC (NAE), of Wichita, Kansas; its vice president and part-owner, William N. McGreevy; and its production manager, Robert C. Conner, to stop the distribution of adulterated food, the Department of Justice announced today. 

The department filed a complaint in the District of Kansas on March 21, at the request of the U.S. Food and Drug Administration (FDA).  According to the complaint, NAE manufactures and distributes ready-to-eat (RTE) refried beans and sauces.  The complaint alleged that the company’s RTE refried beans and sauces are adulterated in that they have been prepared, packed and/or held under insanitary conditions whereby the food may have become contaminated with filth or have been rendered injurious to health.  According to the complaint, the insanitary conditions include the presence of Listeria Monocytogene (L. mono) in NAE’s facility and insanitary employee practices.

“Listeria Monocytogenes is a very dangerous bacteria, and its presence in a food production facility is of great concern,” said Principal Deputy Assistant Attorney General Benjamin C. Mizer, head of the Department of Justice’s Civil Division.  “The Department of Justice will continue to work aggressively with the FDA to ensure a safe food supply.”

On May 27, the parties filed a consent decree of permanent injunction, by which the defendants agreed to resolve the litigation.  The consent decree of permanent injunction, entered by the district court, requires the defendants to cease all manufacture or distribution of food (including RTE refried beans and sauces) other than meat products.  Meat products are regulated separately by the U.S. Department of Agriculture (USDA).  In the event that defendants intend to resume the manufacture or distribution of food other than meat products, they will only be allowed to do so with FDA approval and under strict supervision.  The defendants will also be required to destroy, under FDA’s supervision, any such products already in existence.

With respect to meat products, USDA’s Food Safety Inspection Service (FSIS) conducts daily on-site operations inspections at all firms manufacturing USDA FSIS regulated products pursuant to the Federal Meat Inspection Act, the Poultry Products Inspection Act and the Egg Products Inspection Act.

According to the complaint filed in this matter, FDA inspected NAE’s facility, located at 230 N. West Street in Wichita, in August 2015, collected environmental samples, and observed numerous insanitary practices, including the defendants’ failure to manufacture and package food under conditions necessary to minimize microorganism growth, take necessary precautions to protect against contamination and maintain buildings in good repair.  Specifically, according to the complaint, FDA observed rain water leaking through the roof in the packaging room, directly above where NAE employees packaged RTE refried beans.  In addition, FDA observed cracks and holes in the walls and floor junctures that allow water and debris to collect, prohibit adequate cleaning and could harbor Listeria, according to the complaint.

FDA inspected NAE’s facility twice in 2014.  As alleged in the complaint, FDA collected environmental samples during RTE refried beans production during each of the 2014 inspections and found Listeria in the facility.  In addition, as alleged in the complaint, FDA also observed a failure to maintain equipment in an acceptable condition through appropriate cleaning and sanitizing. 

As alleged in the complaint, L. mono thrives in moist environments, such as food-manufacturing environments.  Unless proper precautions are taken, L. mono may become established and grow and it is difficult to eliminate once it becomes established in a food-manufacturing environment.  It is capable of surviving and growing at refrigerated temperatures and in high-salt environments.  The complaint alleges that L. mono is a significant public health risk in RTE refried beans and sauces. 

The government is represented by Trial Attorney Heide L. Herrmann of the Civil Division’s Consumer Protection Branch and Assistant U.S. Attorney Emily Metzger of the U.S. Attorney’s Office for the District of Kansas, with the assistance of Associate Chief Counsel for Enforcement Sonia W. Nath of the Food and Drug Division, Office of General Counsel, Department of Health and Human Services.

Additional information about the Consumer Protection Branch and its enforcement efforts may be found at http://www.justice.gov/civil/consumer-protection-branch. For more information about the U.S. Attorney’s Office for the District of Kansas, visit its website at https://www.justice.gov/usao-ks.

WICHITA, KAN. - Thirteen people are charged in a federal indictment unsealed today alleging they used stolen identities in an effort to spend or access more than $3.5 million of other people’s money and credit, Acting U.S. Attorney Tom Beall said.

The indictment alleges the conspirators divided up the work of stealing from mailboxes, forging identification documents, obtaining fraudulent credit cards and shopping with stolen identities. Some of the conspirators are alleged to have been paid in drugs for their labor. Among the items purchased were a $43,500 Jaguar automobile and a $62,000 Dodge Challenger Hellcat.

The joint federal and local investigation was based on the fact that as early as October 2013 the U.S. Postal Inspection Service recognized that a significant volume of mail was being stolen from blue postal collection boxes, residential mailboxes and mail rooms in the Wichita area.

The indictment alleges the conspirators:

• Stole mail from the U.S. Postal Service’s blue boxes, a post office and residential customers’ mailboxes.

• Altered checks.

• Used stolen information to manufacture new checks.

• Made purchases using altered and manufactured checks.

• Created profiles of victims using information from stolen mail.

• Obtained credit cards using stolen identities.

• Manufactured false identification documents with stolen information including driver’s licenses.

• Used stolen identities to obtain credit and merchandise based on the victims’ credit history and incomes.

The government alleges the loss in this matter is approximately $3.5 million.

The 50-count indictment includes charges of aggravated identity theft, trafficking in stolen identities, receipt of stolen mail, unlawful production of identity documents, conspiracy, bank fraud, possession with intent to distribute methamphetamine and firearms charges.

“This case highlights the importance of the strong working relationships among federal, state and local law enforcement,” said Inspector in Charge Craig Goldberg, U.S. Postal Inspection Service, Denver Division. “The U.S. Postal Inspection Service is committed to working with our partners to ensure the continued trust people place in the mail and protecting the public from financial victimization by enforcing the laws that defend the nation's mail system from illegal use.” 

The following defendants are named in the indictment:

Samuel Below, 29, Phoenix, Ariz.

Chad Michael Abildgaard, 25, Goddard, Kan.

Krysalias Lynn Bernhardt, 20, Clearwater, Kan.

Jacob Michael Martin, 31, Wichita, Kan.

Melanie Marie Morey, 41, Wichita, Kan.

Jillian N. Parker, 34, Wichita, Kan.

Jeremy Peterson, 42, Wichita, Kan.

David Allen Babedew, 24, Wichita, Kan.

Dustin Michael Reida, 28, Wichita, Kan.

Thomas Rye, 36, Phoenix, Ariz.

Daniel Christian Thomas, 31, Wichita, Kan.

Justin Alan Vanley, Rose Hill, Kan.

Jacey Jane Vidricksen, 27, Goddard, Kan.

Upon conviction, the crimes carry the following penalties:

• Conspiracy to distribute methamphetamine (counts one and 33): Not less than 10 years in federal prison and a fine up to $10 million.

• Conspiracy to commit bank fraud, bank fraud and attempted bank fraud (counts two, six, 10, 12, 22, 25, 27, 29, 31, 40 and 43): Up to 30 years and a fine up to $1 million on each count).

• Conspiracy to commit wire fraud, mail fraud, and receipt of stolen mail (count three): Up to five years and a fine up to $250,000 on each count.

• Conspiracy to produce identification documents, production or use of identification documents (counts four, 13, 17, 32, and 50): Up to 15 years and a fine up to $250,000 on each count.

• Unlawful possession of a firearm (counts five, eight and 11): Up to 10 years in federal prison and a fine up to $250,000.

• Aggravated identity theft (counts seven, 19, 21, 23, 38, 41, 44, 46, 47 and 48): A mandatory two years consecutive to the underlying offense and a fine up to $250,000.

• Theft or receipt of stolen mail (counts nine, 24, 26, 28, 30, 39 and 42): Up to five years and a fine up to $250,000 on each count.

• Possession with intent to distribute methamphetamine (count14): Up to 20 years and a fine up to $1 million.

• Possession of a firearm in furtherance of drug trafficking (counts 15, 16, 34, and 35).

• Possession of a stolen firearm (count 36): Up to 10 years in federal prison and a fine up to $250,000.

• Possession of an unregistered silencer (count 37): Up to 10 years and a fine up to $10,000.

• Making a false statement during a federal investigation (count 49): Up to five years and a fine up to $250,000)

The U.S. Postal Inspection Service, the Sedgwick County Sheriff’s Department, the Wichita Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives investigated. Assistant U.S. Attorney Debra Barnett and Assistant U.S. Attorney Alan Metzger are prosecuting.

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

 

 

WICHITA, KAN. – Federal charges were filed Thursday in Wichita against two men accused of trying to rob a Park City liquor store where a store employee shot one of them and held the other at gunpoint until police arrived, Acting U.S. Attorney Tom Beall said.

A criminal complaint filed in U.S. District Court in Wichita charged Roland Donnell Ross, 28, Wichita, Kan., and Michael Ray Phillips, 37, Wichita, Kan., with one count of commercial robbery and one count of brandishing firearms during the robbery.

An investigator’s affidavit alleges that on May 24 the two men were carrying guns when they tried to rob MGS liquor at 6200 N. Broadway in Park City, Kan. A store employee said when one of the robbers asked him if he was ready to die the employee grabbed a gun he had in the store and fired two shots. One robber, identified later as Phillips, ran from the business and escaped. The store employee forced the other robber, identified later as Ross, to put his gun down. The employee held Ross at gunpoint until the police came.

On May 25, Phillips was admitted to Saint Luke’s Hospital in Kansas City, Mo., with a wound to the chest. He claimed he had been injured by falling on a stick, but an examination revealed he had been shot.

If convicted, the defendants face a penalty of up to 20 years in federal prison and a fine up to $250,000 on the robbery charge and a penalty of not less than seven years consecutive to the underlying sentence on the brandishing charge. The Park City Police Department, the Kansas City, Mo., Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives investigated. Assistant U.S. Attorney Alan Metzger is prosecuting.

KANSAS CITY, KAN. – An Atchison man pleaded guilty Thursday to federal charges of kidnapping and killing a 5-year-old girl. The charges carry a penalty of life in prison, Acting U.S. Attorney Tom Beall and Leavenworth County Attorney Todd Thompson said.

Marcas McGowan, 32, Atchison, Kan., pleaded guilty to one count of kidnapping resulting in death, and one count of discharging a firearm during a crime of violence. In his plea, he admitted that on July 18, 2014, he shot and killed the girl after he kidnapped her and exchanged gunfire with police.

The incident began with a domestic dispute between McGowan and his girlfriend, Christina Harris, the mother of the 5-year-old victim. During the argument McGowan threatened Harris with a gun and she called 911. McGowan put Harris’ daughter in his car and drove away as police arrived.

Police pursued McGowan as he drove through downtown Atchison, across the river into Missouri and then back to Leavenworth, Kan., at speeds up to 95 miles an hour. While fleeing from law enforcement, McGowan fired his gun at the officers. On a highway near the northwest corner of Leavenworth he crashed through a barricade and stopped the car. When he got out of the car, he ignored police orders to drop the weapon. The officers returned fire and shot McGowan, who eventually stopped pointing his gun at the officers.

In the car, police found the girl dead from a gunshot wound. Forensic evidence revealed McGowan had shot her at close range with a 9 mm handgun while she was in the car.

Sentencing is set for Sept. 6. Both parties have agreed to recommend a sentence of life on the kidnapping charge, which is the statutory minimum penalty. The firearm count requires a statutory minimum penalty of 10 years consecutive to the other sentence.

Leavenworth County Attorney Todd Thompson was appointed as a Special Assistant U.S. Attorney for the purpose of the federal prosecution. Beall commended Thompson, the Atchison Police Department, the Platte County (Mo.) Sheriff’s Office, the Weston (Mo.) Police Department, the Leavenworth Police Department, the Kansas Bureau of Investigation, the FBI, and Assistant U.S. Attorney Scott Rask for their work on the case.

 

KANSAS CITY, KAN. - Two Kansas City area men who set up a $93,000 drug deal have been sentenced to federal prison, Acting U.S. Attorney Tom Beall said.

Timothy Wilson, 51, Kansas City, Mo., and John Hernandez, 38, Kansas City, Kan., pleaded guilty to one count of conspiracy to distribute cocaine. Wilson was sentenced Wednesday to 90 months in federal prison. Hernandez was sentenced Tuesday to 57 months.

In their pleas, they admitted they arranged to buy three kilograms of cocaine at a price of $31,000 per kilogram. They were not aware that the sellers were undercover agents of Immigration and Customs Enforcement from El Paso, Texas. Wilson and Hernandez were arrested Sept. 3, 2015, in the parking lot of a Mexican restaurant at 542 Southwest Boulevard in Kansas City, Kan., when they attempted to exchange the money for the cocaine.

Beall commended Immigration and Customs Enforcement, the Kansas City, Mo., Police Department and Special Assistant U.S. Attorney James Ward for their work on the case.

WICHITA, KAN. - A Hillsboro man was indicted Tuesday on charges of carrying out a $7.9 million oil and gas fraud scheme, Acting U.S. Attorney Tom Beall said.

David K. Lawson, 70, Hillsboro, Kan., is charged with one count of wire fraud. The indictment alleges the crime occurred while Lawson was the owner and director of Sonstone Trading, LLC.

Lawson made a deal for Sonstone to sell 90 barrels a day of crude oil to Parnon Gathering, Inc. Crude oil is unrefined oil produced from oil wells. What Sonstone provided to Parnon was in fact not crude oil. It was raw gas oil (RGO), which is a mixture of various refined petroleum products with a very low vapor pressure and a lesser commercial value.

For more information on oil and gas fraud from the Financial Fraud Enforcement Task Force, see www.stopfraud.gov/oil-gas-fwg.html

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

 

OTHER GRAND JURY INDICTMENTS

Drew Alan Reed, 42, El Dorado, Kan., and Timothy Wayne Rosenbaum, Augusta, Kan., are charged with making false statements to a federally licensed firearms dealer when purchasing a gun at Cabela’s, 2447 N. Greenwich in Wichita. The crimes are alleged to have occurred Dec. 3, 2014.

If convicted, they face a penalty of up to five years in federal prison and a fine up to $250,000. The Bureau of Alcohol, Tobacco, Firearms and Explosives investigated. Assistant U.S. Attorney Matt Treaster is prosecuting.

Jonathan C. Wolfinbarger, 54, Wakeeney, Kan., and Steven R. Hansen, 62, Fontana, Calif., are charged with one count of possession with intent to distribute methamphetamine and one count of using the U.S. mails in furtherance of drug trafficking. The crimes are alleged to have occurred in June and July 2015 in Trego County, Kan.

If convicted, they face a penalty of not less than 10 years in federal prison and a fine up to $10 million on the possession count, and up to five years and a fine up to $250,000 on the mail count. The U.S. Postal Inspection Service Investigated. Assistant U.S. Attorney Lanny Welch is prosecuting.

Random Shane Smith, 36, Wichita, Kan., is charged in counts one and two with aggravated sexual abuse, in count three with production of child pornography, in count four with possessing child pornography; and in count five with tampering with a witness. The crimes are alleged to have occurred in 2014, 2015, and 2016 at McConnell Air Force Base.

Smith initially was charged in a criminal complaint filed May 13 in U.S. District Court in Wichita. The indictment adds to the charges in the complaint one count of possession of child pornography and one count of tampering with a witness.

Upon conviction counts one and two carry a penalty of up to life and a fine up to $250,000 on each count; count three carries a penalty of not less than 15 years and not more than 30 years and a fine up to $250,000; count four carries a penalty of up to 10 years and a fine up to $250,000; and count five carries a penalty of up to 20 years and a fine up to $250,000. The FBI and the Air Force OSI investigated. Assistant U.S. Attorney Jason Hart is prosecuting.

Vernon J. Walker, 45, Wichita, Kan., and Tabitha A. Hanchett, 35, Wichita, Kan., are charged in count one with possession with intent to distribute methamphetamine. In addition, Walker is charged in count two with unlawful possession of a firearm in furtherance of drug trafficking, in count three with unlawful possession of a firearm following a felony conviction and in count four with unlawful possession of a firearm by a user of controlled substances. The crimes are alleged to have occurred Jan. 15, 2016, in Sedgwick County, Kan.

Upon conviction, count one carries a penalty of not less than five years and not more than 40 years and a fine up to $5 million; count two carries a penalty of not less than five years and a fine up to $250,000; and counts three and four carry a penalty of up to 10 years and a fine up to $250,000. The Wichita Police Department investigated. Assistant U.S. Attorney Lanny Welch is prosecuting.

Rhonda J. Smith, 47, Wichita, Kan., is charged with two counts of money laundering to conceal funds from a bankruptcy trustee. The crimes are alleged to have occurred in 2013 in Sedgwick County, Kan.

If convicted, she faces a penalty of up to 20 years and a fine up to $500,000 on each count. The FBI investigated. Assistant U.S. Attorney Alan Metzger is prosecuting.

Carlos Alejandro Casas-Pulido, 33, a citizen of Mexico, is charged with one count of unlawful possession of a firearm by a person unlawfully in the United States, and one count of unlawfully re-entering the United States after being deported. The crimes are alleged to have occurred Feb. 23 and Feb. 24, 2016, in Ford County, Kan.

If convicted, he faces a penalty of up 10 years in federal prison and a fine up to $250,000 on the firearm charge, and a penalty of up to two years and a fine up to $250,000 on the re-entry charge. Immigration and Customs Enforcement’s Enforcement and Removal Operations investigated. Assistant U.S. Attorney Brent Anderson is prosecuting.

Fidelina Morales-Escobar, 25, a citizen of Guatemala, is charged in count one with document fraud, in count two with making a false statement on an employment verification form, in count three with misusing a Social Security number, and in count four with aggravated identity theft. The crimes are alleged to have occurred in 2014 and 2016 in Harper County, Kan.

If convicted, she faces a penalty in count one of up to 10 years in federal prison and a fine up to $250,000; in counts two and three a penalty of up to five years and fine up to $250,000; and in count four a mandatory penalty of two years in prison consecutive to the underlying sentence and a fine up to $250,000. Homeland Security Investigations investigated. Assistant U.S. Attorney Brent Anderson is prosecuting.

Angel Adan Prado-Neri, 36, a citizen of Mexico, is charged with one count of unlawfully re-entering the United States after being deported. He was found May 3, 2016, in Sedgwick County, Kan.

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

Nicholas A. Moore, 33, who is in custody in Lyon County, is charged with unlawful possession of a firearm following a felony conviction. The crime is alleged to have occurred Jan. 5, 2016, in Emporia, Kan.

If convicted, he faces a penalty of 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 Brent Anderson 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 former credit union employee in Overland Park was sentenced today to three years supervised release for embezzling from the credit union where she worked, Acting U.S. Attorney Tom Beall said. In addition, she was ordered to pay $34,035 in restitution.

Susan Wooten-Robb, 25, pleaded guilty to one count of wire fraud. In her plea, she admitted the crime occurred while she worked for Community America Credit Union at 5601 W. 95th in Overland Park, Kan. In February 2014 two account holders complained about unauthorized debits from their accounts. Investigation revealed Wooten-Robb had made unauthorized debits totaling $34,035. In one instance, she attempted to cover up an unauthorized debit by filing a false currency transaction report claiming the account holders took out the money to assist a family member with paying tuition

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

TOPEKA, KAN. - An Ottawa County woman pleaded guilty Tuesday to embezzling from a real estate company in Salina where she worked, Acting U.S. Attorney Tom Beall said.

Janetta Marie Buttery, 42, Bennington, Kan., pleaded guilty to one count of interstate transportation of stolen funds. A criminal information filed in March alleged Buttery embezzled more than $109,000 from her employer.

In her plea, Buttery admitted the crime occurred while she worked as a secretary, bookkeeper and executive assistant at Realty Associates of Salina. Buttery used her access to the company’s credit cards, bank accounts, books and records to divert the company’s funds to herself, her mother and her husband.

Sentencing is set for Aug. 22. She faces a penalty of up to 10 years in federal prison, a fine up to $250,000 and restitution. Beall commended the FBI and Assistant U.S. Attorney Rich Hathaway for their work on the case.

TOPEKA, KAN. – A Topeka man pleaded guilty Monday to 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 and Assistant Attorney General for National Security John P. Carlin announced today.

Alexander E. Blair, 30, Topeka, Kan., pleaded guilty to one count of conspiracy. During a plea hearing, Blair admitted he conspired with co-defendant John T. Booker, Jr., 21, 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.

Blair is set for sentencing Aug. 23. He faces a maximum penalty of five years in federal prison.

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 man who threatened employees with a gun and dragged a woman by her hair during a bank robbery was sentenced Monday to 17 years in federal prison , Acting U.S. Attorney Tom Beall said.

Clifton B. Cloyd, 54, Kansas City, Mo., pleaded guilty to one count of bank robbery and one count of brandishing a firearm during the robbery. On Oct. 29, 2014, he and another man robbed the Bank of America at 9500 Mission in Overland Park, Kan. In his plea, Cloyd admitted:

• He and his accomplice held five bank employees and one customer at gunpoint.

• Cloyd, who was carrying a handgun, grabbed one of the bank employees and pulled her by the hair and scarf to the teller station. He struck her in the face with a handgun.

• Cloyd struck a customer so hard her glasses flew off and she was knocked to the floor.

• Cloyd struck a male bank employee with such force that his head started bleeding.

Co-defendant Steve A. Watts, 55, Kansas City, Mo., is awaiting sentencing.

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

KANSAS CITY, KAN. – A former Army explosive ordinance disposal technician was charged in federal court Friday with unlawful possession of grenades, Acting U.S. Attorney Tom Beall said.

John A. Panchalk, 42, Overland Park, Kan., was charged with one count of possessing two M-67 fragmentation grenades that were not registered to him in the National Firearms Registration and Transfer Record.

According to an agent’s affidavit, the investigation began May 19 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.

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 with assistance from the FBI, the Parkville, Mo., Police Department and the Overland Park Police Department. Assistant U.S. Attorney Terra Morehead is prosecuting.

KANSAS CITY, KAN. - A married couple from India who allegedly obtained U.S. citizenship by fraud have been arrested on bank fraud and immigration charges, Acting U.S. Attorney Tom Beall said today.

The couple, Ajay Dave, 60, and Parul Dave, 59, who live in Overland Park, are scheduled to make an initial appearance in the case at 2:30 p.m. today in Kansas City, Kan., before Chief U.S. Magistrate Judge James P. O’Hara. A federal grand jury returned a sealed indictment against the Daves last week in which the Daves are charged with two counts of bank fraud, two counts of making false statements on their applications to become U.S. citizens, and four counts related to obtaining their U.S. citizenship by fraud.

If convicted, the defendants face up to 30 years in prison, $1 million in fines, and forfeiture of residential real estate identified in the case. They also face revocation of their United States citizenship and possible deportation to India.

The indictment alleges that the Daves provided false financial information and bogus tax returns in April 2010 to First Federal Bank in Overland Park to obtain a $417,000 mortgage loan on an Overland Park residence. It also alleges they engaged in similar conduct in July 2010 to obtain a $238,500 refinance of a home they own in Topeka, Kan., from Topeka’s Heritage Bank.

Then, starting in 2012, when the Daves, who came to the United States in 1999, began the process of seeking naturalized citizenship, they failed to disclose their alleged false statements to the banks, according to the indictment. Parul Dave became a U.S. citizen on October 26, 2012; Ajay Dave, who before he was naturalized was known as Ajaykumar Balwantrai Dave, was sworn in as a U.S. citizen on August 23, 2013.

Beall said the case arose from a joint investigation of the Kansas Department of Revenue; the Department of Homeland Security’s Citizenship and Immigration Services (Fraud Detection and National Security Office); Homeland Security Investigations; U.S. Office of Labor Racketeering and Fraud Investigation; Kansas Department of Labor Fraud Investigation Division; Kansas Alcoholic Beverage Control; and the Overland Park Police Department. The case is being prosecuted by Assistant U.S. Attorney Brent Anderson.

As in any criminal case, defendants are presumed innocent until and unless proven guilty. An indictment merely alleges criminal conduct and is the document by which prosecution of the case goes forward.

KANSAS CITY, KAN. -- Acting U.S. Attorney for the District of Kansas Tom Beall will speak Wednesday to the Wyandotte County Bar Association.

Beall will speak at 6:15 p.m. May 18 during the association’s meeting at the Hollywood Casino at the Kansas Speedway in Kansas City, Kan. He will be talking about his work overseeing 50 assistant U.S. Attorneys and their support staff members in offices in Kansas City, Kan., Topeka and Wichita.

Beall took the position in April after Barry Grissom stepped down as U.S. Attorney.

More information about the U.S. Attorney’s Office for the District of Kansas is available online at https://www.justice.gov/usao-ks .

KANSAS CITY, KAN. – The former controller of a company in Lenexa was sentenced Monday to 15 months in federal prison for embezzling more than $135,000, Acting U.S. Attorney Tom Beall said.

Alan Wenk, 43, pleaded guilty to two counts of bank fraud. In his plea, he admitted the crimes occurred while he worked as the regional controller and corporate accounts payable manager for Performance Contracting Group, Inc. (PCG), headquartered in Lenexa. The company, with 50 offices throughout the United States, is made up of several companies that provide a wide range of services and products including demolition; lead and asbestos abatement; thermal, fire and acoustical insulation; and recycling processes.

Wenk caused PCG to issue fraudulent checks for payment to him and to business entities he controlled. In all, he fraudulently received 20 checks totaling approximately $135,560.

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

WICHITA, KAN. - A Wichita who lived in base housing at McConnell Air Force Base was charged Friday with sexually abusing two teenage girls, Acting U.S. Attorney Tom Beall said.

Random Shane Smith, 36, Wichita, Kan., is charged in a criminal complaint filed in U.S. District Court in Wichita with two counts of aggravated sexual abuse and one count of producing child pornography.

According to court records, Smith used force to make the victims submit to sexual acts with him. Smith sexually assaulted the victims over a period of time while they were 12 to 17 years old. The most recent assaults occurred on the McConnell AFB. Smith used a cell phone camera to take photos of some of the assaults.

If convicted, he faces a maximum penalty of life in federal prison. The FBI and the Air Force OSI investigated. Assistant U.S. Attorney Jason Hart is prosecuting.

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

 

KANSAS CITY, KAN. - Two people were charged Wednesday with using stolen identities to sign phone service contracts qualifying them to buy iPhones at a deep discount, Acting U.S. Attorney Tom Beall said.

Ashley K. Lavallee, 29, Candia, N.H., and Jay Leon, 22, Englewood, N.J., were charged in separate indictments with one count of wire fraud and one count of aggravated identity theft. One indictment alleges Lavallee used a stolen identity to sign up for phone service at an AT&T store in Overland Park, Kan. The other indictment alleges Leon used a stolen identity to sign up for phone service at a Best Buy in Overland Park.

If convicted, each of them faces a maximum penalty of 20 years in federal prison and a fine up to $250,000 on the wire fraud count, and two years consecutive to other counts and a fine up to $250,000 on the aggravated identity theft charge. The U.S. Secret Service investigated. Assistant U.S. Attorney Chris Oakley is prosecuting.

 

OTHER GRAND JURY INDICTMENTS

Gabriel Soto-Zamudio, 27, Kansas City, Kan., is charged with one count of possession with intent to distribute methamphetamine. The crime is alleged to have occurred March 24, 2016, in Kansas City, Kan.

If convicted, he faces a penalty of not less than 10 years in federal prison and a fine up to $10 million. The Kansas Bureau of Investigation, Homeland Security Investigations, and the Kansas City Police Department investigated. Special Assistant U.S. Attorney James Ward is prosecuting.

Donta R. Tanner, Jr., 23, Lawrence, Kan., is charged with one count of unlawful possession of a firearm following a felony conviction. The crime is alleged to have occurred April 24, 2016, in Wyandotte County, Kan.

If convicted, he faces a maximum penalty of 10 years in federal prison and a fine up to $250,000. The Lawrence Police Department investigated. Assistant U.S. Attorney Terra Morehead is prosecuting.

Julio Cesar Perez-Madrigal, 23, Kansas City, Kan., is charged with three counts of possession with intent to distribute methamphetamine, one count of possession of a firearm in furtherance of drug trafficking, two counts of unlawful possession of a firearm by a person who is not U.S. citizen, and two counts of unlawful possession of a firearm by a user of controlled substances. The crimes are alleged to have occurred in 2015 and 2016 in Wyandotte County, Kan.

Upon conviction, the crimes carry the following penalties:

• Count one, possession with intent to distribute methamphetamine: not less than five years and not more than 20 years, and a fine up to $5 million.

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

• Counts three and seven, alien in possession of a firearm: A maximum penalty of 10 years and a fine up to $250,000.

• Counts four and eight, unlawful possession of a firearm by a user of controlled substances: a maximum penalty of 10 years and a fine up to $250,000.

• Counts five and six, possession and possession with intent to distribute methamphetamine: Not less than 10 years and a fine up to $10 million.

The Drug Enforcement Administration investigated. Assistant U.S. Attorney Terra Morehead is prosecuting.

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

KANSAS CITY, KAN. – An Olathe man arrested at a nudist park near Leavenworth appeared in U.S. District Court in Kansas City, Kan., Monday on child pornography charges.

Christopher Jon Saemisch, 58, Olathe, Kan., is charged in federal court in Boston with one count of distributing child pornography. He was arrested May 6 at the Gaea Retreat Center near Leavenworth, Kan.

A criminal complaint and affidavit filed in federal court in Boston alleges Saemisch, who is a registered sex offender, used the Internet to distribute child pornography to an inmate in the federal Bureau of Prisons’ custody at FMC-Devans in Ayer, Mass. The inmate has been incarcerated since 1977 following convictions for child exploitation offenses.

The affidavit alleges that in emails to the inmate Saemisch said he was collecting child pornography and wanted to travel to Europe to have sex with children. The affidavit alleges Saemisch used code words in his communication including “antiques” for child pornography and “puppies” for children.

If convicted, he faces a maximum penalty of 10 years and a fine up to $250,000. The Department of Homeland Security investigated. The U.S. Attorney’s Office for the District of Massachusetts 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 charged Wednesday with lying to a federal marshal who was trying to locate fugitive Orlando J. Collins before Collins shot three law enforcement officers during a gunfight at the Country Club Motel in Topeka, Acting U.S. Attorney Tom Beall said today.

Quentin Kirk Lawton, 36, who is in federal custody, is charged with one count of making a false statement to a federal officer. The indictment alleges that Lawton visited Collins in a room at the Country Club Motel at 3732 S.W. Topeka Boulevard. Lawton left the motel shortly before a standoff between Collins and federal agents. The indictment alleges that when marshals questioned Lawton about Collins’ whereabouts Lawton denied having been to the motel or seen Collins.

When members of a task force tried to take Collins into custody he shot two U.S. Marshals and an FBI agent. A fire ignited from inside Collins’ room during the gunfight and spread throughout the motel. After the fire, Collins’ body was found in the motel room.

If convicted, Lawton faces a maximum penalty of five years in federal prison and a fine up to $250,000. The U.S. Marshals Service investigated. Assistant U.S. Attorney Jared Maag is prosecuting.

 

OTHER GRAND JURY INDICTMENTS

Austan Kinnaird, 25, Goddard, Kan., is charged with one count of bank robbery.

The indictment alleges that April 29, 2016, Kinnaird robbed the Intrust Bank at 9450 E. Harry in Wichita.

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

James Baray, 30, who is in federal custody; Francisco Javair Gandarilla, 25, who is in state custody; and Chad Kleppin, 44, who is in federal custody, are charged with one count of conspiracy to possess with intent to distribute methamphetamine. The crime is alleged to have occurred in April and May 2016 in Topeka, 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. Assistant U.S. Attorney Duston Slinkard is prosecuting.

Jesus Salcedo, 28, Kansas City, Kan., is charged with four counts of distributing child pornography and one count of possessing child pornography. The crimes are alleged to have occurred in 2013 in Kansas City, Kan.

If convicted, a penalty of not less than five years and not more than 20 years and a fine up to $250,000 on each distribution count, and a maximum penalty of 10 years and a fine up to $250,000 on the possession count. The FBI investigated. Assistant U.S. Attorney Christine Kenney is prosecuting.

Julie D. Woodland, 55, Maple Hill, Kan., is charged with 22 counts of interstate transportation of stolen funds and three counts of money laundering. The crimes are alleged to have occurred in 2012 and 2013 in Topeka while Woodland was a trustee of the Stephen W. Dibble Trust and the Elaine R. Dibble Trust.

If convicted, she faces a maximum penalty of 10 years and a fine up to $250,000 on each count. The FBI investigated. Assistant U.S. Attorney Rich Hathaway is prosecuting.

Tyler Seifert, 31, who is in state custody, is charged with 12 counts of passing counterfeit U.S. currency. The crimes are alleged to have occurred in 2015 in Topeka.

If convicted, he faces a maximum penalty of 20 years and a fine up to $250,000 on each count. The Topeka Police Department investigated. Assistant U.S. Attorney Rich Hathaway is prosecuting.

Thomas Noble Lathrom, 25, Topeka, Kan., is charged with one count of unlawful possession of a firearm following a felony conviction. The crime is alleged to have occurred March 22, 2016, in Topeka.

If convicted, he faces a maximum penalty of 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.

Ricardo Alcaraz-Luna, 34, North Las Vegas, Nev., is charged in count one with possession with intent to distribute methamphetamine. Co-defendant Elsy Maria Perez, 32, North Las Vegas, Nev., is charged in count two with one count of possession with intent to distribute methamphetamine. The crimes are alleged to have occurred April 22, 2016, in Dickinson County, Kan.

Upon conviction, count one carries a penalty of not less than 10 years in federal prison and a fine up to $10 million. Count two carries a maximum penalty of 20 years and a fine up to $1 million. The Drug Enforcement Administration investigated. Special Assistant U.S. Attorney Skip Jacobs is prosecuting.

David Lee McKinney, 24, Junction City, Kan., is charged in count one with possession with intent to distribute methamphetamine, in count two with unlawful possession of a firearm in furtherance of drug trafficking, and in count three with unlawful possession of a firearm following a felony conviction. The crimes are alleged to have occurred Dec. 29, 2015, in Geary County, Kan.

Upon conviction, count one carries a maximum penalty of 20 years and a fine up to $1; count two carries a penalty of not less than five years and a fine up to $250,000; and count three carries a maximum penalty of 10 years and a fine up to $250,000. The Bureau of Alcohol, Tobacco, Firearms and Explosives investigated. Special Assistant U.S. Attorney Skip Jacobs is prosecuting.

Gary Lee Rayburn, 47, who is in state custody, is charged with one count of unlawful possession of a firearm following a felony conviction. The crime is alleged to have occurred Dec. 22, 2015, in Abilene, Kan.

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.

Tanner J. Schonfeldt, 20, who is in state custody, 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 March 14, 2016, in Topeka, Kan.

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

Joshua S. Carpenter, 27, who is in state custody, is charged with one count of unlawful possession of a firearm following a felony conviction. The crime is alleged to have occurred April 10, 2016, in Shawnee County, Kan.

If convicted, he faces a maximum penalty of 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 Tony Mattivi is prosecuting.

James R. Crawford, Sr., 38, who is in state custody, is charged with one count of unlawful possession of a firearm following a felony conviction. The crime is alleged to have occurred March 29, 2016, in Shawnee County, Kan.

If convicted, he faces a maximum penalty of 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 Tony Mattivi is prosecuting.

Ignacio Vazquez, 25, Pomona, Calif., is charged with one count of possession with intent to distribute methamphetamine and one count of interstate travel in furtherance of drug trafficking. The crimes are alleged to have occurred April 30, 2016, in Ellis County, Kan.

If convicted, he faces a maximum penalty of 20 years and a fine up to $1 million on the possession charge, and a maximum penalty of five years and a fine up to $250,000 on the other count. The Kansas Highway Patrol 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.

TOPEKA, KAN. – A Topeka man was sentenced Wednesday to 40 months in federal prison for robbing a man whose job was to stock ATMs with cash, Acting U.S. Attorney Tom Beall said.

Pattrick J. Towner, 26, Topeka, Kan., pleaded guilty to one count of armed robbery. In his plea, he admitted the robbery took place Sept. 16, 2014, at the Low Cost Plus Convenience Store at 3101 S.E. 6th Street in Topeka. When the victim tried to restock the ATM machine in the store with cash, Towner entered the store wearing a mask and brandishing a firearm. Towner took the victim’s money and keys and then fled the scene driving the victim’s vehicle.

Co-defendant Ahmad Salim Salti, 21, Topeka, was sentenced to 24 months after pleading guilty to helping plan the robbery.

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

KANSAS CITY, KAN. – An Arkansas man pleaded guilty Tuesday to selling counterfeit Garmin maps over the Internet, Acting U.S. Attorney Tom Beall said.

William Yates, 26, Fort Smith, Ark., pleaded guilty to one count of copyright infringement. In his plea, he admitted selling map products that were copyrighted by Garmin. Garmin International, Inc. is located in Olathe, Kan.

Yates sold counterfeit Garmin map cards on eBay, Amazon and Craigslist. An investigator with the FBI purchased cards from Yates.

He sold at least 874 counterfeit map products for more than $23,000. The products were valued at more than $67,000.

Sentencing will be set for a later date. He faces a maximum penalty of five years in federal prison and a fine up to $250,000. Beall commended the FBI and Assistant U.S. Attorney Scott Rask for their work on the case.

 

WICHITA, KAN. - An Overland Park woman pleaded guilty to sexually exploiting a 13-year-old victim, Acting U.S. Attorney Tom Beall said.

Tricia Rodarmel, 39, Overland Park, Kan., pleaded guilty to one count of transporting a minor across state lines for the purpose of engaging in sexual activity. In her plea, Rodarmel admitted that in October 2013 she began a relationship with co-defendant Robert Dickson through social media. Dickson told her of his interest in having sex with minors. Rodarmel helped by putting Dickson in contact with a 13-year-old minor.

On March 16, 2014, Rodarmel took the 13-year-old from Missouri to a hotel in Kansas where Dickson was to meet them. Rodarmel knew that Dickson intended to engage in sex with the minor.

Sentencing is set for July 25. Both parties have agreed to recommend Rodarmel be sentenced to 17 years in federal prison, followed by 10 years of supervised release.

Co-defendant Dickson is set for sentencing July 11. Both parties in his case have agreed to recommend Dickson be sentenced to 25 years, followed by lifetime supervised release.

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

WICHITA, KAN. – A Butler county woman was sentenced Monday to five years on federal probation for stealing more than $1.2 million from Presbyterian Manors of Mid-America, Acting U.S. Attorney Tom Beall said. The Wichita-based company owns assisted living centers in Kansas and Missouri.

Lori A. Shryock, 51, Augusta, Kan., pleaded guilty to one count of mail fraud. Shryock’s husband and co-defendant, Brent A. Shryock, 45, Augusta, Kan., was sentenced to 36 months.

In their pleas, they admitted the crime occurred while Brent Shryock was employed as information systems director for PMMA. He was in charge of all computers, telephones, video information and electronic equipment, including the purchase of new or replacement equipment for PMMA, Presbyterian Manor, Aberdeen and Ashfield facilities.

Brent Shryock created four fictitious companies, two of which were called Innovative Software Solutions and LGR Technologies. He directed payment to be mailed to those companies at post office boxes. Lori Shryock opened the two post office boxes where the checks were mailed. Either Brent or Lori Shryock would retrieve the payments and deposit them into the Shryocks’ personal accounts. The resulting loss to PMMA totaled $1.2 million.

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

WICHITA, KAN. – Omar Cantero Martinez, 31, and Armando Sotelo, 24, both of Dodge City, Kan., were charged with federal hate crimes for attacking three Somali men because of their race and national origin.  Acting U.S. Attorney Tom Beall of the District of Kansas and Principal Deputy Assistant Attorney General Vanita Gupta, head of the Justice Department’s Civil Rights Division, made the announcement.

The indictment, which was unsealed today, charges Martinez and Sotelo with three counts of causing bodily injury to a victim because of actual and perceived race and national origin. The charges are filed under the Matthew Shepard and James Byrd Jr. Hate Crimes Prevention Act, which criminalizes willfully causing bodily injury to any person because of that person’s actual or perceived race, color, religion or national origin, gender, sexual orientation, gender identity or disability.

The indictment alleges that on June 19, 2015, Martinez and Sotelo caused bodily injury to three Somali men who were lawfully present in the United States and residing in Dodge City.  The attackers are alleged to have used a broken glass bottle in the assault against two of the Somali men.

Each charge carries a maximum penalty of 10 years in federal prison and a fine up to $250,000.

Indictments are merely allegations of criminal conduct, and all defendants are presumed innocent until and unless proven guilty.

The case is being investigated by the FBI and the Dodge City Police.  The case is being prosecuted by Trial Attorney Risa Berkower of the Civil Rights Division’s Criminal Section and Assistant U.S. Attorney Mona Furst of the District of Kansas.

Omar Cantero Martinez, 31, and Armando Sotelo, 24, both of Dodge City, Kansas, were charged with federal hate crimes for attacking three Somali men because of their race and national origin.  Principal Deputy Assistant Attorney General Vanita Gupta, head of the Justice Department’s Civil Rights Division, and Acting U.S. Attorney Tom Beall of the District of Kansas made the announcement.

The indictment, which was unsealed today, charges Martinez and Sotelo with three counts of causing bodily injury to a victim because of actual and perceived race and national origin.  The charges are filed under the Matthew Shepard and James Byrd Jr. Hate Crimes Prevention Act, which criminalizes willfully causing bodily injury to any person because of that person’s actual or perceived race, color, religion or national origin, gender, sexual orientation, gender identity or disability.

The indictment alleges that on June 19, 2015, Martinez and Sotelo caused bodily injury to three Somali men who were lawfully present in the United States and residing in Dodge City.  The attackers are alleged to have used a broken glass bottle in the assault against two of the Somali men.

Each charge carries a maximum penalty of 10 years in federal prison and a fine up to $250,000.

Indictments are merely allegations of criminal conduct, and all defendants are presumed innocent until and unless proven guilty.

The case is being investigated by the FBI and the Dodge City Police.  The case is being prosecuted by Trial Attorney Risa Berkower of the Civil Rights Division’s Criminal Section and Assistant U.S. Attorney Mona Furst of the District of Kansas.

Martinez and Sotelo Indictment

By Tom Beall, Acting U.S. Attorney for the District of Kansas

Each year, more than 600,000 individuals return to our neighborhoods after serving time in federal and state prisons, and another 11.4 million people cycle through local jails. Nearly a quarter of Americans have had some sort of encounter with the criminal justice system – mostly for relatively minor, non-violent offenses.

In law enforcement, we have a duty to make our criminal justice system fairer, more efficient, and more effective at reducing recidivism and helping formerly incarcerated individuals contribute to their community. That is why I am joining U.S. Attorney General Loretta Lynch in inviting Kansans to observe National Reentry Week during April 24 through April 30.

The U.S. Probation and Pretrial Services offices in Kansas work to assist people who have struggled with the laws and legal system. Any person convicted of a felony understands that nearly every aspect of life will be more difficult than before. Probation officers work with people on probation or supervised release, offering substance abuse treatment, mental health treatment, assistance finding housing or employment or both, educational opportunities or other life-changing programs. For anyone willing to make the effort, probation officers and staff are ready and willing to help. Likewise the federal Bureau of Prisons in Kansas works to provide drug treatment, vocational training and other programs aimed at reducing recidivism.

At the Department of Justice, supporting successful reentry is an essential part of our mission to promote public safety. By helping individuals return to productive, law-abiding lives, we can reduce crime across the country and make our neighborhoods better places to live. I am proud of the strides we have made and I will continue to support and advance reentry programs that promote opportunity and give formerly incarcerated individuals a better chance to rejoin our communities.

Tom Beall is the Acting United States Attorney for the District of Kansas.

WICHITA, KAN. - A South Carolina man pleaded guilty Thursday to federal charges of sexually exploiting a Kansas girl, Acting U.S. Attorney Tom Beall said today.

Robert Pitya Dickson, 48, Fort Mill, S.C., pleaded guilty to two counts of producing child pornography. In his plea, he admitted he communicated over the Internet with a 13-year-old Kansas girl. Dickson persuaded the girl to send him send him sexual images of herself. In March 2014 he traveled to meet the girl and engaged in sex acts with her that he recorded and transported back to South Carolina.

Sentencing is set for July 11. Both parties have agreed to recommend a sentence of 300 months in federal prison. Beall commended the FBI and Assistant U.S. Attorney Jason Hart for their work on the case.

WICHITA, KAN. - A former Labette County bank clerk was sentenced Wednesday to three years on probation, including eight months home confinement, and ordered to pay full restitution for embezzling more than $83,000 from the bank where she worked, Acting U.S. Attorney Tom Beall said.

Angela S. Littlejohn, 41, Chetopa, Kan., pleaded guilty to one count of embezzlement. In her plea, she admitted the crime occurred while she worked as a teller during 2013 and 2014 at the Chetopa State Bank in Chetopa, Kan. She stole a total of at least $83,963 from multiple accounts at the bank

Beall commended the Federal Bureau of Investigation and Assistant U.S. Attorney Lanny Welch for their work on the case.

TOPEKA, KAN. – Tom Beall will serve as Acting U.S. Attorney for the District of Kansas.

Beall takes over after U.S. Attorney Barry Grissom steps down on April  15 to re-enter private practice. As Acting U.S. Attorney, Beall will be in charge of the U.S. Attorney’s Office for the District of Kansas, which comprises approximately 50 Assistant U.S. Attorneys and 50 support staff members working in offices in Topeka, Kansas City, Kan., and Wichita. Beall will work mainly out of the office in Topeka.

“It makes it easier for me to go knowing the U.S. Attorney’s Office is in Tom’s capable hands,” Grissom said. “It has been a pleasure working with him.”

Since November 2013, Beall served as First Assistant U.S. Attorney, making him the second in command of the U.S. Attorney’s Office. He joined the office as an Assistant U.S. Attorney in April 2011.

Beall is a native of Leavenworth, Kan. He served as Chief Deputy in the office of Kansas Attorney General Steve Six from March 2008 to January 2011. He was an adjunct instructor at Washburn University School of Law from August 2013 to January 2015. He was in private practice from 2000 to 2008.

Beall graduated in 2000 from the Washburn University School of Law after earning a master’s degree in public administration from Kansas State University and a bachelor’s degree from Baker University.

 

WASHINGTON – A Leawood, Kansas, business owner was convicted today of tax fraud following a month-long jury trial, announced Acting Assistant Attorney General Caroline D. Ciraolo of the Justice Department’s Tax Division and U.S. Attorney Barry R. Grissom of the District of Kansas.

The jury found Kathleen Stegman, 58, guilty of four counts of tax evasion relating to her evasion of corporate income taxes for the years 2008 and 2009 and individual income taxes for the years 2007 and 2008.  Stegman and her husband, Christopher Smith, 51, were both acquitted on the charge of conspiracy to defraud the United States and Stegman was acquitted on one count of tax evasion.   

Stegman owned Midwest Medical Aesthetics Center in Leawood, which provided aesthetic services including microdermabrasion, laser hair removal and anti-aging procedures and products.  Smith owned Encompass Construction Group in Independence, Missouri. 

“Today’s verdict is a reminder to business owners that they cannot use their companies as their personal piggy banks,” said Acting Attorney General Ciraolo.  “All taxpayers must file true and accurate returns with the IRS to report their income and expenses.  Those that fail to do so face significant consequences, including criminal prosecution, prison and monetary penalties.” 

According to the evidence at trial, Stegman under-reported her company’s gross receipts and overstated her company’s expenses on the corporate tax returns filed with the Internal Revenue Service (IRS).  Stegman also diverted income from the company for her personal use and failed to report the income on her tax returns.  The government also presented evidence that Stegman and Smith agreed to fabricate a repairs and maintenance contract between Smith and Midwest Medical in order to increase the company’s business deductions and divert money from the company to their personal use.  In December 2010, Stegman wrote a check in the amount of $50,575 to Encompass Construction, which was drawn on Midwest Medical’s bank account.  Smith used the money to buy gold coins that were shipped to Stegman’s business address in Leawood.  On Midwest Medical’s 2010 corporate tax return, Stegman fraudulently deducted this payment as a business expense for repairs and maintenance.

“Today’s verdict is an important victory for America’s taxpayers who play by the rules and have no tolerance for those who make up their own rules,” said Special Agent in Charge Karl Stiften of IRS-Criminal Investigation.  “There is no such thing as free money and there are no awards or incentives for creativity when it comes to crime.”

Stegman faces a statutory maximum sentence of five years in prison and a $250,000 fine on each count of tax evasion.  A sentencing date has not yet been set.

Assistant Attorney General Ciraolo and U.S. Attorney Grissom thanked special agents of IRS Criminal Investigation, who investigated the case and Trial Attorneys Ryan R. Raybould and John T. Mulcahy from 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’s enforcement efforts can be found on the division’s website.

KANSAS CITY, KAN. - Barry Grissom announced today that he will step down as U.S. Attorney for the District of Kansas effective April 15.

“Serving the American people and the citizens of Kansas is the best job in world,” Grissom said. “It has been an honor and a privilege to work with the attorneys and staff of the U.S. Attorney’s Office in the District of Kansas.”

U.S. Attorney General Loretta Lynch thanked Grissom for his service: “Since taking office in 2010, U.S. Attorney Barry Grissom has rendered exemplary service to the Department of Justice, the citizens of Kansas, and the American people,” Lynch said. “Throughout his tenure, Barry worked tirelessly to build new partnerships with state and local law enforcement; to strengthen relationships between police officers and the communities they serve; and to uphold the nation’s civil rights laws. From establishing an innovative working group on human trafficking to lending his sound advice as a member of the Attorney General’s Advisory Council, Barry has served with energy, with commitment, and with steadfast devotion to our highest ideals. Ultimately, Barry has helped to make his beloved state of Kansas – and the entire United States – a safer and more just place. I thank him for his outstanding contributions, and I wish him the very best in his next endeavor.”

First Assistant U.S. Attorney Tom Beall will serve as acting U.S. Attorney.

Grissom was nominated by President Barack Obama in April 2010 and confirmed by the U.S. Senate in August 2010. He served as a member of the U.S. Attorney General’s Advisory Committee, which provides advice and counsel to the U.S. Attorney General. He served on the Justice Department’s subcommittees focusing on civil rights, community issues, Native American issues, health care fraud, local government coordination and veterans’ rights.

As U.S. Attorney Grissom led an office of approximately 50 Assistant U.S. Attorneys and 50 support staff working in three offices located in Wichita, Topeka and Kansas City, Kan.

During his tenure, Grissom made civil rights enforcement and community outreach top priorities. Among other accomplishments, Grissom:

• Founded the Kansas Civil Rights Symposium, bringing law enforcement officers and civil rights advocates together from across Kansas together annually for a day-long conference.

• Promoted efforts to build better relationships between law enforcement agencies and the communities they serve.

• Founded the District’s first Human Trafficking Working Group. The group’s mission was to coordinate the work of local, state and federal law enforcement, as well as nonprofit agencies and victim service providers, to fight human trafficking.

• Established the District’s first criminal prosecutor position assigned to carry out the Justice Department’s Smart on Crime Initiative. Objectives included reducing penalties for low-level, non-violent drug offenders, as well as pursuing new and innovative ways to promote public safety.

• Directed the District’s Project Safe Neighborhood program, targeting for federal prosecution felons who unlawfully possessed firearms.

• Oversaw the District’s Project Safe Childhood program, targeting child sex offenders for long federal prison sentences.

Major cases during Grissom’s tenure included a federal racketeering case targeting gang members in Dodge City, the conviction and 20-year sentencing of a man who attempted to explode a bomb at an airport in Wichita, the prosecution and conviction of business owners who knowingly employed undocumented workers, and the prosecution of physicians and other health care providers who diverted prescription medications.

WICHITA, KAN. - An indictment unsealed here today charges a Wichita police lieutenant with making fraudulent reports so she would be paid for working a part-time job while she was on duty, U.S. Attorney Barry Grissom said.

Heather D. Bachman, 40, Wichita, Kan., is charged with seven counts of wire fraud and one count of making a false statement to a federal investigator.

The indictment alleges Bachman defrauded the Wichita Police Department by working part time for Orion Security Services while on duty and being paid by the police department. She is alleged to have committed wire fraud by emailing timesheets to Orion.

In count four, she is accused of sending an email to Orion making a claim for mileage. The indictment alleges that in fact she used a marked Wichita Police Department patrol car owned by the City of Wichita. In count six, she is accused of electronically reporting to the city that she worked from 1 p.m. to 11 p.m. on July 2, 2015, which was not true. In count seven, she is accused of electronically filing a tax return to the Kansas Department of Revenue that did not accurately report her earnings from part-time jobs. In count eight, she is accused of making a false statement to an FBI investigator that she never used a Wichita Police Department vehicle to transport a person for her part-time job. In fact, she transported a jewelry company representative and jewelry in her marked patrol car on Feb. 17, 2015.

If convicted, she faces a maximum penalty of 20 years in federal prison and a fine up to $250,000 on each wire fraud count and a maximum penalty of five years and a fine up to $250,000 on the charge of making a false statement. The Wichita Police Department and the FBI 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.

KANSAS CITY, KAN. - U.S. Attorney Barry Grissom Monday announced federal charges alleging a guard joined with two inmates and four people outside prison to smuggle methamphetamine, synthetic marijuana, and alcohol and cigarettes to inmates in the CCA Leavenworth Detention Center.

The Leavenworth Detention Center is a detention facility with 1,126 beds located at 100 Highway Terrace in Leavenworth, Kan. It is operated by the Corrections Corporation of America (CCA), a private company that contracts with the Federal Bureau of Prisons, Immigration and Customs Enforcement and the U.S. Marshals Service.

A criminal complaint filed Sunday in U.S. District Court in Kansas City, Kan., alleges the conspirators built an elaborate system for getting contraband into the prison and moving money from inmates behind bars to a man outside the prison who obtained the contraband that he gave to the guard to smuggle into the prison. Outside the prison, inmates’ friends and family members participated by helping to move money from buyers to sellers by wire transfers and other means.

“The criminal complaint alleges that inside the prison methamphetamine and other contraband was delivered to inmates during meetings of the 12 Step Program, in the prison library and during church services,” Grissom said. 

Federal charges in the criminal complaint include:

• Conspiracy to distribute methamphetamine (count one).

• Providing methamphetamine to CCA inmates (count two).

• Providing synthetic marijuana to CCA inmates (count three).

• Providing tobacco products to CCA inmates (count four).

• Possessing methamphetamine in CCA (count five).

• Possessing synthetic marijuana in CCA (count six).

• Possessing tobacco products in CCA (count seven).

The following defendants are charged:

• Anthon Aiono , 28, Platte City, Mo., a correctional officer at CCA: counts one, two, three and four.

• Stephen Rowlette, 35, an inmate at CCA: Counts one, five, six and seven.

• Karl Carter, 41, an inmate at CCA: Counts one, five, six and seven.

• David Bishop, also known as Mr. Green, 68, Sedalia, Mo.: Counts one, two, three and four.

• Alica Tackett, 29, Independence, Mo., Stephen Rowlette’s wife: Counts three and four.

• Catherine Rowlette, 59,Sedalia, Mo., mother of Stephen Rowlette: Counts one, two, three and four.

Among the allegations in the criminal complaint and affidavit are these:

• The investigation began in 2015 after federal investigators learned that drugs and other contraband were regularly entering the CCA.

• Inside the prison, inmates took deliveries of contraband during meetings of the 12-step program, in the law library and during church services.

• During phone calls from CCA, inmates gave family members and friends instructions on how to get money to the people who provided the contraband. In some cases, they argued over the phone about how to purchase Wal-Mart money grams.

• During one phone conversation, inmates talked about getting “blistered” on drugs and walking around like “zombies” behind bars.

• In one phone call from behind bars, an inmate directed family members to try “Superflea,” a flea market in Kansas City, Mo., to find synthetic marijuana for sale.

• Inmates devised a scheme for disguising money arriving in incoming mail by using large manila envelopes with the names of law firms and concealing the money beneath a letter-sized white envelope affixed to the front of the envelope.

• Inside CCA, contraband was expensive. In one conservation, an inmate described a pack of cigarettes costing $150 in CCA.

Upon conviction, the crimes carry following penalties:

Count one (methamphetamine conspiracy): A maximum of 20 years and a fine up to $1 million.

Counts two and five (providing or possessing methamphetamine in prison): A maximum of 20 years in federal prison and a fine up to $250,000.

Counts three, four, six and seven (providing or possessing contraband in prison): A maximum penalty of six months and a fine up to $100,000.

The case was investigated by the U.S. Marshals Service, the Kansas Bureau of Investigation, the U.S. Secret Service, the Internal Revenue Service and the Social Security Administration – Office of Inspector General. Special Assistant U.S. Attorney Erin Tomasic is prosecuting.

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

KANSAS CITY, KAN. - The owner of a tax preparation business in Kansas City, Kan., pleaded guilty today to preparing false income tax returns, U.S. Attorney Barry Grissom and Acting Assistant Attorney General Caroline D. Ciraolo of the Justice Department’s Tax Division announced.

Antoine Dorsey, 38, Kansas City, Kan., owner of Day-1 Tax Service, pleaded guilty to one count of preparing false tax returns. In general, Dorsey falsely inflated taxpayers’ incomes by falsifying gross receipts listed on Schedule C. As a result, taxpayers appeared to qualify for the Earned Income Credit that increased their tax refunds.

Dorsey caused fraudulent refund claims of approximately $74,487 to be made to the Internal Revenue Service and approximately $13,980 in fraudulent claims to be made to the Kansas Department of Revenue.

Sentencing is set for June 27, 2016. He faces a maximum penalty of three years in federal prison and an order of restitution. Grissom commended special agents of IRS-Criminal Investigation, who investigated the case, and Assistant U.S. Attorney Scott Rask and John Mulcahy from the Justice Department Tax Division, who prosecuted the case.