District of Kansas

TOPEKA, KAN. - A Topeka man was indicted Wednesday on a federal firearm charge that is alleged to have occurred within months of his release from federal prison in a similar case, U.S. Attorney Barry Grissom said.

Brandon E. Derr, 31, who is being held in the Shawnee County Jail, is charged with one count of unlawful possession of a firearm following a felony conviction. According to the federal Bureau of Prisons, Derr was released Sept. 18, 2015, after serving a 24-month sentence. In that case he was indicted in 2012. He pleaded guilty and was sentenced in 2013.

In the new indictment, it is alleged Derr possessed a Smith & Wesson 9 mm pistol on Nov. 12, 2015, 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 Duston Slinkard is prosecuting.

OTHER GRAND JURY INDICTMENTS

Jason D. Bulger, 35, who is being held in the Shawnee County Jail, is charged with one count of unlawful possession of a firearm following a felony conviction. The crime is alleged to have occurred Feb. 26, 2016, in Topeka, 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 Duston Slinkard is prosecuting.

Vondel S. Johnson, 32, who is being held in the CCA facility in Leavenworth, Kan., is charged with one count of unlawful possession of a firearm following a felony conviction. The crime is alleged to have occurred March 3, 2016, in Topeka, Kan.

If convicted, he faces a maximum penalty of 10 years in federal prison and a fine up to $250,000. The U.S. Marshals Service 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.

KANSAS CITY, KAN. – A Kansas City, Kan., man was sentenced Monday to 12 years in federal prison for his part in a drug trafficking organization that is alleged to have distributed large amounts of methamphetamine, U.S. Attorney Barry Grissom said.

Joshua Thomas Alvarez, 26, Kansas City, Kan., pleaded guilty to one count of conspiracy to distribute methamphetamine. In his plea, he admitted that in July 2012 the FBI identified a major drug trafficking ring operating in Kansas City, Kan. During the investigation, agents made 15 controlled purchases of methamphetamine from members of the organization. Five search warrants were executed at locations where methamphetamine and firearms were stored. Alvarez was identified as one of the conspirators who purchased methamphetamine from the leader of the organization and resold it.

Co-defendants include:

Vicencio Olea-Monarez, 38, Kansas City, Kan., who is awaiting trial.

Gabriel Agustin Lopez, 30, who is set for sentencing June 27.

Rosalio Chinchilla, 45, Kansas City, Kan., who is set for sentencing June 15.

Jose Luis Silva-Cardona, 26, Kansas City, Mo., who is set for sentencing June 13.

Lee Thomas Faulkner, 41, Topeka, Kan., who is set for sentencing July 5.

Omar Francisco Orduno-Ramirez, 37, who is awaiting trial.

Hector Javier Valdez, 36, who is awaiting trial.

Juan Carlos Alvarez, 28, who is set for sentencing June 15.

Herbert Lee Saysoff, 54, who is awaiting trial.

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

KANSAS CITY, KAN. - A federal jury today returned guilty verdicts on all counts against a Wichita man in a massage parlor prostitution case, U.S. Attorney Barry Grissom said.

They found defendant Kay Tee, 51, Wichita, Kan., guilty on one count of attempting to entice a person to cross state lines to engage in prostitution, one count of using a telephone in furtherance of prostitution and one count of money laundering.

During trial, prosecutors presented evidence that Tee was arrested May 28, 2015, at the airport in Wichita when he drove there to pick up a person he believed was buying a Wichita massage parlor. In fact, the person Tee had talked with several times on the phone was one of two undercover informants working with federal investigators.

Tee tried to collect fees from both undercover informants – one posing as a buyer and the other as a seller – in return for helping to arrange the sale. He also offered to provide additional services including filing city paperwork and doing taxes for the massage parlor. Tee talked with the agents about the fact employees of the massage parlor would be performing sex services for customers.

Sentencing is set for July 13. He faces a maximum penalty of 20 years and a fine up to $250,000 on the money laundering charge, a maximum penalty of five years and a fine up to $250,000 on the phone charge, and a maximum penalty of 20 years and a fine up to $250,000 on the enticement charge. Grissom commended the Wichita Police Department, Homeland Security Investigations and Assistant U.S. Attorney Jason Hart for their work on the case.

KANSAS CITY, KAN. – U.S. Attorney Barry Grissom announced today he is launching an Elder Justice Task Force in Kansas. The task force in Kansas – one of 10 across the country -- will bring federal prosecutors and law enforcement agencies together with state and local agencies to target nursing homes that provide grossly substandard care to residents.

“We already have one investigation open,” Grissom said. “We’re not wasting time.”

Grissom said the members of the task force at this time include the Department of Justice Civil Fraud Section, Health and Human Services - Office of Inspector General and the Kansas Medicaid Fraud Control Unit. Later, he said, he expects to invite state agencies that work with long term care, public health and aging to join.

Steve Hanson, Special Agent in Charge of the Kansas City Regional Office of U.S. Department of Health and Human Services, Office of Inspector General, stated, “Our office is excited to join forces with our federal, state, and local partners to identify nursing homes that are providing substandard quality of care to our elderly beneficiaries.”

In Washington, D.C., Acting Associate Attorney General Stuart F. Delery said, “Millions of seniors count on nursing homes to provide them with quality care and to treat them with dignity and respect when they are most vulnerable. Yet, all too often we have found nursing home owners or operators who put their own economic gain before the needs of their residents. These task forces will help ensure that we are working closely with all relevant parties to protect the elderly.” 

Elder Justice Task Forces also are being launched by U.S. Attorneys in the following districts: Northern District of California, Northern District of Georgia, Western District of Kentucky, Northern District of Iowa, District of Maryland, Southern District of Ohio, Eastern District of Pennsylvania, Middle District of Tennessee and the Western District of Washington.

Kansas was chosen, Grissom said, because we have expertise in investigations and prosecutions of nursing homes and we made a commitment to working together with stand and local agencies.

The Elder Justice Task Forces reflect the Justice Department’s larger strategy and commitment to protecting our nation’s seniors, spearheaded by the Department’s Elder Justice Initiative. The Elder Justice Initiative coordinates and supports the Department’s law enforcement efforts and policy activities on elder justice issues. It plays an integral role in the Department’s investigative and enforcement efforts against nursing homes and other long-term care entities that deliver grossly substandard care to Medicare and Medicaid beneficiaries. The Elder Justice Initiative will be providing litigation support and training to the Elder Justice Task Forces. Learn more about the Justice Department’s Elder Justice Initiative at http://www.justice.gov/elderjustice/.

KANSAS CITY, KAN. – A Kansas man pleaded guilty Wednesday to robbing a bank in Prairie Village, U.S. Attorney Barry Grissom said.

Tarone Hollins, 41, Kansas City, Mo., pleaded guilty to one count of bank robbery. In his plea, he admitted that on Oct. 22, 2015, he robbed the Community America Credit Union at 7620 State Line Road in Prairie Village, Kan. After surveillance of the robbery was made public, eleven callers to the Greater Kansas City Crime Stoppers identified Hollins as the robber.

Sentencing will be set for a later date. Both parties have agreed to recommend five years in federal prison. Grissom commended the Prairie Village Police Department, the FBI, and Assistant U.S. Attorney Tris Hunt for their work on the case.

 

WICHITA, KAN. - A postal clerk was indicted today on a federal charge of stealing more than $13,000 from the Rock, Kan., post office where she worked, U.S. Attorney Barry Grissom said.

Micah E. Hutchinson, 25, Arkansas City, Kan., is charged with one count of employee theft from the U.S. Postal Service.

The indictment alleges that from October to December 2015 Hutchinson issued to herself money orders worth approximately $13,780. She cashed the money orders and used the money for her own benefit.

If convicted, she faces a maximum penalty of 10 years in federal prison and a fine up to $250,000. The U.S. Postal Service – OIG investigated. Assistant U.S. Attorney Alan Metzger is prosecuting.

 

OTHER GRAND JURY INDICTMENTS

Lindsay Lee McElfresh, 39, Le Roy, Kan., is charged with one count of distributing child pornography and one count of possessing child pornography. The crimes are alleged to have occurred June12, 2014, in Coffey County, Kan.

If convicted, he faces a penalty of not less than five years and not more than 20 years on the distribution charge, and a maximum penalty of 10 years and a fine up to $250,000 on the possession charge. The Wichita Police Department and the Kansas Internet Crimes Against Children Task Force investigated. Assistant U.S. Attorney Alan Metzger is prosecuting.

 

Steven Alfaro (alias Felipe Alfaro), 27, Wichita, Kan., and Danielle K. Blaes, 27, are charged with two counts of possession with intent to distribute methamphetamine, two counts of possessing a firearm in furtherance of drug trafficking, and two counts of unlawful possession of a firearm by users of controlled substances.

In addition, Alfaro is charged with one count of possession with intent to distribute methamphetamine, one count of possession of a firearm in furtherance of a drug trafficking crime, three counts of unlawful possession of a firearm following a felony conviction, one count of unlawful possession of a firearm by a user of controlled substances, and one count of unlawful possession of ammunition following a felony conviction.

The crimes are alleged to have occurred in 2015 and 2016 in Sedgwick County, Kan.

 

          Upon conviction, the crimes carry the following penalties:

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

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

          Unlawful possession of a firearm or ammunition following a felony conviction: A maximum penalty of 10 years and a fine up to $250,000.

          Unlawful possession of a firearm by users of controlled substances: A maximum penalty of 10 years and a fine up to $250,000.

 

          The Wichita Police Department investigated. Assistant U.S. Attorney Lanny Welch is prosecuting.

 

Gabriel Romero-Miramontes, 36, a citizen of Mexico, is charged with two counts of unlawful possession of a firearm or ammunition while unlawfully in the United States. The crimes are alleged to have occurred Feb. 2, 2016, in Sedgwick County, Kan.

If convicted he faces a maximum of 10 years in federal prison and a fine up to $250,000 on each count. The Kansas Highway Patrol and Immigration and Customs Enforcement’s Enforcement Removal Operations investigated. Assistant U.S. Attorney Brent Anderson is prosecuting.

 

Arturo Garcia-Olivas, 25, a citizen of Mexico, in charged with unlawfully re-entering the United States after being deported. He was found March 25, 2016, in Sedgwick County, Kan.

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

 

Randy J. Johnson, 30, Wichita, Kan., is charged with unlawful possession of a firearm following a felony conviction. The crime is alleged to have occurred Jan. 13, 2015, in Sedgwick 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 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. – The former owner of a trucking company in Kansas City, Kan., pleaded guilty Monday to evading federal income taxes, U.S. Attorney Barry Grissom said.

Clifford C. Copp, 47, Overland Park, Kan., who owned Copp Trucking Co. in Kansas City, Kan., pleaded guilty to one count of tax evasion. In his plea, he admitted he filed reports to the Internal Revenue Service in 2001 indicating the company owed approximately $939,408 in employment taxes for that year. However, the company did not pay the employment taxes due.

In February 2004 Copp was assessed trust fund recovery penalties of $669,037. When the IRS began collection efforts he concealed income. He filed a false statement to the IRS concealing his ownership interest in assets including livestock, life insurance and farm equipment. He also formed Wildcat Limo, LLC, and concealed his ownership interest in the company.

Sentencing will be set for a later time. He faces a maximum penalty of five years in federal prison, restitution, and a fine up to $250,000. Grissom commended the Internal Revenue Service and Assistant U.S. Attorney Chris Oakley for their work on the case.

 

TOPEKA, KAN. – A former insurance company service representative in Topeka was sentenced Monday to a year and a day in federal prison for embezzlement, U.S. Attorney Barry Grissom said. In addition, she was ordered to pay $215,000 in restitution.

Erin Rebecca Thomas, 47, formerly of Topeka, Kan., pleaded guilty to one count of embezzlement. In her plea she admitted the crime took place while she worked for American Home Life Insurance Company.

In her position, she processed death claims, policy loans, beneficiary changes and so on. Between July 2010 to July 2012, she created 22 separate fraudulent transactions. In one instance, she processed the policy of a person who died in 2010. She created a fictitious change of beneficiary request naming herself as beneficiary and had the benefit check deposited in her personal account.

Grissom commended the U.S. Secret Service and U.S. Assistant Attorney Christine Kenney for their work on the case.

KANSAS CITY, KAN. - An Overland Park business owner has pleaded guilty to a federal tax charge. She agreed to pay $28,037 in restitution.

Becky L. Harper, 48, Overland Park, Kan., who owned and operated the Double Take Salon and Spa in Overland Park, pleaded guilty Monday to one count of making a false statement to the Internal Revenue Service. The company was an S Corporation and she was the sole shareholder. In her plea, Harper admitted her business had gross receipts in 2007 of approximately $973,219, including more than $24,000 in cash. She did not deposit the cash receipts into the bank account for the business. Instead she spent a portion of the cash for business expenses and the remainder for personal expenses. She did not report any wages or salary in 2007.

Sentencing is set for June 13. Both parties have agreed to recommend she serve a year on federal probation and pay restitution. The Internal Revenue Service and Assistant U.S. Attorney Chris Oakley worked on the case.

 

WASHINGTON – A civil complaint was filed today in the U.S. District Court for Kansas against Native American Enterprises LLC, of Wichita, Kansas; its Vice President and part-owner, William N. McGreevy and is production manager, Robert C. Conner, to stop the distribution of adulterated food, the Department of Justice announced today. 

Native American Enterprises LLC (NAE), manufactures and distributes food, namely ready-to-eat (RTE) refried beans and sauces.  The complaint alleges 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.  The department filed the complaint at the request of the U.S. Food and Drug Administration (FDA).

“Insanitary conditions at food processing facilities can present significant risks to consumers and food manufacturers must take steps to minimize those risks,” said Principal Deputy Assistant Attorney General Benjamin C. Mizer, head of the Justice Department’s Civil Division.  “The Department of Justice will continue to work aggressively with the FDA to combat and deter conduct that leads to the distribution of adulterated food to consumers.”

According to the complaint, FDA inspected NAE’s facility, located at 230 N. West Street in Wichita, in August 2015 and 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 bean 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.

A complaint is merely a set of allegations that, if the case were to proceed to trial, the government would need to prove by a preponderance of the evidence.

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 http://www.justice.gov/usao-ks.

KANSAS CITY, KAN. - A former Johnson County restaurant owner was indicted Wednesday on charges of fraudulently obtaining $605,000 in loans, U.S. Attorney Barry Grissom said.

Charles Waits, 54, Lenexa, Kan., was charged in a superseding indictment with one count of bank fraud and two counts of making false statements to a lender. The indictment alleges Waits, a partner in Kansas City Sports Grille, Inc., obtained two commercial loans through Community America Credit Union. He gave the lender a financial statement with false statements regarding his personal assets and net worth.

The indictment seeks a monetary judgment of $605,000, representing the proceeds of the crimes.

If convicted, he faces a maximum penalty of 30 years in federal prison and a fine up to $1 million on each count. The U.S. Secret Service investigated. Assistant U.S. Attorney Chris Oakley is prosecuting.

OTHER GRAND JURY INDICTMENTS

Abbie Jo McClellan, Topeka, Kan., 65, is charged with two counts of making false statements to the Social Security Administration and the Office of the Inspector General. The crimes are alleged to have occurred in in 2014 and 2015, in Topeka, Kan.

If convicted, she faces a maximum penalty of five years in federal prison and a fine up to $250,000 on each count. The Social Security Administration investigated. Special Assistant U.S. Attorney Erin Tomasic is prosecuting.

Jose Juvenal Jimenez-Delatorre, 27, who is not a citizen of Kansas, is charged with one count of unlawfully re-entering the United States after being convicted of an aggravated felony and deported. He was found Feb. 20, 2016, in Johnson County, Kan.

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

Mario Ulises Moreno-Ayala, 28, who is not a citizen of the United States is charged with unlawfully re-entering the United States after being convicted of an aggravated felony and deported. He was found Feb. 20, 2016, in Johnson County, Kan.

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

Stephanie R. Minor, 34, Columbus, Ind., and Matthew L. Hudson, 43, Hope, Ind., one count of possession with intent to distribute methamphetamine and one count of traveling from Indiana Kansas in furtherance of drug trafficking. The crimes are alleged to have occurred March 6, 2016, in Liberal, Kan.

If convicted, the face a penalty of not less than 10 years and a fine up to $10 million on the possession 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.

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 Monday to 18 months in federal prison for carjacking, U.S. Attorney Barry Grissom said.

Michael Min Koy, 25, Topeka, Kan., pleaded guilty to one count of carjacking. In his plea, he admitted that on Jan. 12, 2015, he and a co-defendant physically assaulted a Topeka man and stole the keys to the victim’s 1999 Ford Mustang. The assault occurred in the 1800 block of Michigan Avenue in Topeka. The victim didn’t get his car back until March 29, 2015. The car had suffered extensive damage.

Co-defendant Marcus Anthony Montoya was sentenced to three years in federal prison.

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

WICHITA, KAN. B A Dodge City woman pleaded guilty Monday to making a video of herself engaged in a sex act with a child under five years old and uploading the video to the Internet, U.S. Attorney Barry Grissom.

Ashley Marie Kelly, 25, Dodge City, Kan., pleaded guilty to one count of producing child pornography. In her plea, she admitted she used a smartphone to record the act and posted the video to her Google Drive account. Google discovered the photographs and sent reports to the National Center for Missing and Exploited Children.

Sentencing is set for June 1. Both parties have agreed to recommend a sentence of 300 months in federal prison. Grissom commended the Ford County Sheriff’s Office, the Wichita Police Department, the Kansas Internet Crimes Against Children Task Force and Assistant U.S. Attorney Jason Hart for their work on the case.

WICHITA, KAN. - A Dodge City man pleaded guilty Monday to transporting child pornography across state lines, U.S. Attorney Barry Grissom said.

Joel Edward McClure, 36, Dodge City, Kan., pleaded guilty to one count of transportation of child pornography. In his plea, he admitted that in May and August 2015 he used his laptop computer to download and share child pornography with other users via a file sharing network. Investigators followed an electronic trail to McClure’s home in Dodge City, Kan., where they served a search warrant. They learned McClure had left Dodge City with his laptop and gone to Denver. Investigators found McClure with the laptop containing the child pornography.

Sentencing is set for June 1. Both parties have agreed to recommend a sentence of 77 months in federal prison. Grissom commended the Kansas Internet Crimes Against Children Task Force, Homeland Security Investigations and Assistant U.S. Attorney Jason Hart for their work on the case.

 

KANSAS CITY, KAN. - Two men and a woman were charged here today in a federal criminal complaint alleging they robbed a bank, engaged in a high-speed chase with a 19-month-old child in their car, and fired at police officers who were pursuing them, U.S. Attorney Barry Grissom said.

Jacob L. Smith, 18, Kansas City, Kan.; Gary Jordan, 39, Kansas City, Kan.; and Danille Morris, 26, Kansas City, Kan.; are charged with one count of bank robbery and one count of brandishing firearms during the robbery

A criminal complaint filed in U.S. District Court in Kansas City, Kan., alleges Jordan and Smith were armed with handguns on March 9 when they entered the First National Bank at 7460 W. 199th Street in Stilwell, Kan. Morris and her 19-month-old daughter waited outside in the getaway car. Morris had helped to case the bank before the robbery.

Smith and Jordan held the tellers at gunpoint before fleeing with cash stuffed in a backpack. Jordan took the wheel of the getaway car. During the next 25 minutes, the robbers were pursued by the Kansas Highway Patrol, the Leawood Police Department and other law enforcement agencies as they fled across the Kansas/Missouri state line. During the chase, Smith fired at officers from the car. After the car overturned on a sharp turn, the defendants were arrested. Throughout the chase, the child was in a car seat fastened to the back seat of the defendants’ car.

If convicted, the defendants face a maximum penalty of 25 years and a fine up to $250,000 on the bank robbery charge, and a penalty of not less than seven years and not more than life on the brandishing charge. Agencies assisting in the investigation include the FBI, the Johnson County Sheriff’s Office, the Kansas Highway Patrol, the Leawood Police Department and the Kansas City Police Department. Assistant U.S. Attorney Sheri Catania is prosecuting.

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

WICHITA, KAN. - A Wichita woman pleaded guilty Wednesday in a sex trafficking case in which a 17-year-old girl was the victim, U.S. Attorney Barry Grissom said.

Natasha L. Harper, 33, Wichita, Kan., pleaded guilty to one count of transporting the girl across state lines for the purpose of prostitution. In her plea, Harper admitted she transported the girl from Kansas to Michigan, Illinois and Iowa and back to Kansas so the girl could engage in sex acts for money. Harper, who placed ads on an adult Web site offering the girl’s services, received part of the money.

Sentencing is set for July 7, 2016. The parties have agreed to recommend a sentence of 90 months in federal prison followed by 10 years on supervised release. Grissom commended the Wichita Police Department and Assistant U.S. Attorney Jason Hart for his work on the case.

TOPEKA, KAN. - A truck driver from California was indicted Wednesday on a federal charge of transporting 15 pounds of methamphetamine to Wichita, U.S. Attorney Barry Grissom said.

Arnoldo Perez-Ortega, 33, Fontana, Calif., is charged with one count of possession with intent to distribute methamphetamine. According to court documents, police stopped Perez-Ortega’s truck on March 6, 2015, near I-235 and Central. In the truck, officers found approximately15.75 pounds of methamphetamine.

If convicted, he faces a penalty of not less than 10 years and a fine up to $250,000. The Wichita Police Department investigated. Assistant U.S. Attorney Brent Anderson is prosecuting.

 

OTHER GRAND JURY INDICTMENTS

Scott L. Kemble, 44, who is being held in the Shawnee County Jail, is charged with one count of unlawful possession of a firearm following a felony conviction. The crime is alleged to have occurred Feb. 3, 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.

Kyler D. Hubert, 24, Topeka, Kan., is charged with one count of unlawful possession of a firearm following a felony conviction. The crime is alleged to have occurred Feb. 6, 2016, in Topeka, 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 Duston Slinkard is prosecuting.

Maximo Corral-Garcia, 38, a citizen of Mexico, is charged with unlawfully re-entering the United States after being deported. He was found March 4, 2016, in Butler 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 and Removal Operations investigated. Assistant U.S. Attorney Brent Anderson is prosecuting.

 

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

TOPEKA, KAN. – A former Topeka store clerk was sentenced Tuesday  to 24 months in federal prison for helping to plan an armed robbery of a man whose job was to stock ATMs with cash, U.S. Attorney Barry Grissom said.

Ahmad Salim Salti, 21, Topeka, Kan., pleaded guilty to one count of conspiracy to commit robbery. In his plea, he admitted the crime occurred while he was a clerk at the Low Cost Plus convenience store at 3101 S.E. 6th in Topeka. On Sept. 16, 2014, Topeka police were called when a masked gunman brandishing a firearm entered the store just as the victim was beginning to fill an ATM. The gunman – later identified as Pattrick J. Towner, assaulted the victim and took the money. He also took the keys to the victim’s van and escaped in the vehicle.

Investigators learned that Salti had helped to plan the robbery. Salti gave Towner the date and time the victim would come to fill the ATM.

Co-defendant Pattrick J. Towner has pleaded guilty and is awaiting sentencing.

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

 

WICHITA, KAN. – An Arizona man who didn’t realize he was texting with a Wichita police officer pleaded guilty Monday to driving five pounds of methamphetamine to Kansas, U.S. Attorney Barry Grissom said today.

Mark McFarland, 31, Phoenix, Ariz., pleaded guilty to one count of interstate transportation in furtherance of drug trafficking. According to court records, McFarland thought the texts he received while planning to travel with drugs to Kansas were coming from his former girlfriend. In fact, the girlfriend had been arrested in another case and a Wichita police officer had seized her cell phone.

Two days after the girlfriend was arrested, McFarland sent a text to the girlfriend’s number saying, “Hi.” The officer texted back: “Hi.” What followed was a series of texts in which they arranged for McFarland to drive to Wichita to visit the girlfriend and to deliver five pounds of methamphetamine. McFarland was arrested when he arrived in Wichita with the drugs.

Sentencing is set for July 7. He faces a maximum penalty of five years in federal prison and a fine up to $250,000. Grissom commended the Wichita Police Department and Assistant U.S. Attorney Matt Treaster for their work on the case.

WICHITA, KAN. – A former tribal casino employee pleaded guilty Wednesday to embezzlement, U.S. Attorney Barry Grissom said today.

Donald M. Collins, 32, Wetmore, Kan., pleaded guilty to one count of embezzlement and theft from an Indian tribal organization. In his plea, he admitted the crime took place while he worked as a Players Club Representative for the Sac and Fox Casino, which is owned by the Sac and Fox Nation of Kansas and Nebraska.

Collins made counterfeit player cards and placed unearned free play on player cards belonging to his friends. Collins and others played the cards. The value of the counterfeit cards, along with winnings generated by the cards, caused a total loss to the casino of $30,766.

Sentencing is set for July 7. He faces a maximum penalty of five years in federal prison and a fine up to $250,000. The Kansas State Gaming Agency investigated. Assistant U.S. Attorney Alan Metzger is prosecuting.

TOPEKA, KAN. - A Topeka man was sentenced Wednesday to federal prison for carjacking and robbery, U.S. Attorney Barry Grissom.

Wesley Lavern Harris, Jr., 26, Topeka, Kan., was sentenced to 86 months in federal prison. Harris pleaded guilty to one count of carjacking and one count of commercial robbery. In his plea, he admitted that on June 7, 2015, he took a man’s keys, money and car and left the victim in a bathtub at the Econo Lodge Motel at 2950 S.W. Topeka Blvd. Harris and others had placed an ad on a Web site advertising sexual services in order to lure a victim to a hotel room and rob him. Harris left the motel driving the victim’s 2002 Hyundai Sonata.

In his plea, Harris admitted that on June 8, 2015, he entered the back door of the Heartland Perma Column store at 1841 E. 1450 Road in Lawrence, Kan. He threatened to kill an employee and forced her and another employee to give him money from a box in the front office.

Grissom commended the Topeka Police Department, the Douglas County Sheriff’s Department, the Lawrence Police Department, the FBI and Assistant U.S. Attorney Jared Maag for their work on the case.

TOPEKA, KAN. - A woman who owned a home health care business in Basehor, Kan., pleaded guilty Wednesday to failing to pay more than $856,000 in federal taxes, U.S. Attorney Barry Grissom said.

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

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

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

Sentencing will be set for a later time. She faces a maximum penalty of five years in federal prison and a fine up to $250,000. Grissom commended the Internal Revenue Service and Assistant U.S. Attorney Jabari Wamble for their work on the case.

WICHITA, KAN. - A federal grand jury indicted a Wichita man Wednesday on charges of committing four bank robberies and a robbery at a jewelry store, U.S. Attorney Barry Grissom said.

Terence L. Thomas, 24, Wichita, Kan., is charged with four counts of bank robbery, one count of robbing a commercial business, one count of brandishing a firearm during a robbery and one count of unlawful possession of a firearm following a felony conviction.

The indictment alleges Thomas:

• Robbed the Fidelity Bank at 3525 E. Harry in Wichita on Nov. 3, 2015.

• Robbed the Fidelity Bank at 3101 S. Seneca on Nov. 3, 2015.

• Robbed the Fidelity Bank at 3525 E. Harry on Nov. 21, 2015.

• Robbed the Intrust Bank at 3433 E. Central on Nov. 3.

• Robbed Kim Chi Jewelry at 3038 N. Broadway on Dec. 1, 2015.

If convicted, he faces a maximum penalty of 20 years and a fine up to $250,000 on each bank robbery count and the commercial robbery count; a penalty of not less than seven years (consecutive) and a fine up to $250,000 on the charge of brandishing a firearm during a robbery, and a maximum penalty of 10 years and a fine to $250,000 on other firearm charge. The Wichita Police Department and the FBI investigated. Assistant U.S. Attorney Jason Hart is prosecuting.

 

OTHER GRAND JURY INDICTMENTS

Paul Jeffrey Gladney, 26, Topeka, Kan., is charged with one count of carjacking. The crime is alleged to have occurred Jan. 31, 2016, in Topeka. The indictment alleges he threatened the driver of a 2008 Chevrolet Trailblazer and stole the vehicle.

If convicted, he faces a maximum penalty of 15 years in federal prison and a fine up to $250,000. The Topeka Police Department and the FBI investigated. Assistant U.S. Attorney Jared Maag is prosecuting.

Sarah J. Hopkins, 28, Newton, Kan. was charged with one count of knowingly transferring a firearm to a convicted felon. The crime is alleged to have occurred on July 30, 2015 in Harvey County, Kan.

Hopkins initially was charged in a criminal complaint filed Feb. 26 alleging she gave firearms to Cedric Ford, who she knew was prohibited from possessing firearms because he was a convicted felon. Ford had the guns when he was shot and killed by police last month after they were called to a shooting incident at Excel Industries in Hesston, Kan.

If convicted, Hopkins faces a maximum penalty of 10 years in federal prison and a fine up to $250,000. The Hesston Police Department, the Harvey County Sheriff’s Department, the Newton Police Department, the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Kansas Bureau of Investigation and the FBI investigated. Assistant U.S. Attorney Lanny Welch and Assistant U.S. Attorney David Lind are prosecuting.

Andre S. Morgan, 52, Plano, Texas, is charged with one count of unlawful possession of a firearm by a user of a controlled substance, one count of unlawful possession of a stolen firearm, and one count of possession of marijuana. The crimes are alleged to have occurred April 4, 2015, in Sedgwick County, Kan.

If convicted, he faces a maximum penalty of a maximum penalty of 10 years in federal prison and a fine up to $250,000 on each of the first two counts and a maximum penalty of 1 year and a fine of not less than $1,000 on the marijuana count. The Drug Enforcement Administration investigated. Assistant U.S. Attorney Lanny Welch is prosecuting.

Samir F. Elias, 60, Wichita, Kan., owner of GiGi’s Elite Massage in Wichita, is charged with one count of transporting an alien who is in the United States unlawfully, one count of harboring an alien who is in the United States unlawfully, one count of harboring an alien for the purpose for prostitution and two counts of money laundering.

Elias initially was charged in a criminal complaint filed Feb. 12. The indictment adds a count seeking the forfeiture of $15,115 seized from an account at Bank of America, $17,125 seized from an account at Credit Union of America, and a building located at 357 N. Hillside in Wichita.

If convicted, he faces a maximum penalty of 10 years and a fine up to $250,000 on each of the first three counts, and a maximum penalty of 20 years and a fine up to $250,000 on each of the money laundering counts. The Wichita Police Department, Homeland Security Investigations (HSI) and the Kansas Department of Labor investigated. Assistant U.S. Attorney Jason Hart is prosecuting

Robby Alan Murphy, aka Bruce Reynolds, 35, Wichita, Kan., is charged in a superseding indictment with one count of unlawful possession of a firearm following a felony conviction. The crime is alleged to have occurred April 9, 2015, in Sedgwick County, Kan.

If convicted, he faces a maximum penalty of 10 years and a fine up to $250,000. The Sedgwick County Sheriff’s Department investigated. Assistant U.S. Attorney David Lind is prosecuting.

Michael J. Madden, 32, Wichita, Kan., is charged with two counts of unlawful possession of a firearm following a felony conviction. The crimes are alleged to have occurred Aug. 28 and Sept. 9, 2015, 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 each count. The Bureau of Alcohol, Tobacco, Firearms and Explosives investigated. Assistant U.S. Attorney David Lind is prosecuting.

Jason A. Farner, 32, Towanda, Kan., is charged with one count of unlawful possession of a firearm following a felony conviction. The crime is alleged to have occurred Feb. 11, 2016.

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. Alan Metzger is prosecuting.

Timothy M. Pope, 39, Derby, Kan., is charged with one count of unlawful possession of a firearm in furtherance of drug trafficking, one count of possession with intent to distribute methamphetamine and one count of unlawful possession of a firearm following a felony conviction. The crimes are alleged to have occurred Jan. 9, 2016, in Wichita, Kan.

If convicted, he faces a penalty of not less than five years and a fine up to $250,000 on each of the first two counts and a maximum penalty of 10 years and a fine up to $250,000 on the remaining count. The Bureau of Alcohol, Tobacco, Firearms and Explosives investigated. Assistant U.S. Attorney Matt Treaster 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 Wichita man who said in a phone call he never goes to a club unarmed was sentenced Monday to four years in prison on a federal firearms charge, U.S. Attorney Barry Grissom said. After he serves his sentenced he will serve three years on supervised release.

Dontreal D. Banks, 29, Wichita, Kan., pleaded guilty to one count of unlawful possession of a firearm following a felony conviction. In his plea, he admitted that during a monitored phone conservation with an inmate at the Hutchinson Reformatory he said he never goes to a club without his “burner,” slang for a firearm. At the time, Banks was on parole on a felony conviction. Kansas Department of Corrections investigators found a Norinco AK-47 semi-automatic assault rifle in a closet at Banks’ residence. The attached magazine was loaded with ammunition. Because of his prior conviction, Banks was prohibited from possessing a firearm.

Grissom commended the Kansas Department of Corrections, the Wichita Police Department and Assistant U.S. Attorney Lanny Welch for their work on the case.

 

TOPEKA, KAN. – A Topeka man who sold stolen guns to undercover federal agents was sentenced Monday to two years in federal prison, U.S. Attorney Barry Grissom said. After serving his sentence, the defendant will spend three years on supervised release.

Jeremy C. Paulsen, 32, Topeka, Kan., pleaded guilty to one count of possessing stolen firearms. In his plea, he admitted selling three firearms – a 20 gauge shotgun, a .300 caliber rifle and a 16 gauge shotgun – to an agent of Alcohol, Tobacco, Firearms and Explosives who was working undercover. The firearms were reported stolen in a residential burglary investigated by the Shawnee County Sheriff’s Department.

Grissom commended the Shawnee County Sheriff’s Department, the Bureau of Alcohol, Tobacco, Firearms and Explosives and Assistant U.S. Attorney Duston Slinkard for their work on the case.

WICHITA, KAN. – A Hillsboro man was sentenced Monday to 180 months in federal prison on firearms charges, U.S. Attorney Barry Grissom said.

David G. Nicholas, Jr., 45, Hillsboro, Kan., was convicted on three counts of unlawful possession of a firearm following a felony conviction.

During trial, prosecutors presented evidence that Nicholas was a parole absconder in October 2013 when the U.S. Marshals Service arrested him in Marion County, Kan. At the time, he possessed a .22-caliber handgun and a .30-06 caliber rifle and ammunition.

Grissom commended the U.S. Marshals Service, the Bureau of Alcohol, Tobacco, Firearms and Explosives and Assistant U.S. Attorney Jason Hart for their work on the case.

 

WICHITA, KAN. – A criminal charge filed Friday alleges a Kansas woman unlawfully transferred guns to a convicted felon who was killed Thursday in a shootout with police in Hesston, Kan., U.S. Attorney Barry Grissom said.

Sarah T. Hopkins, 28, Newton, Kan., is charged with one count of knowingly transferring a firearm to a convicted felon. An affidavit filed in the case alleges Hopkins knew Cedric Ford was a convicted felon who was prohibited from possessing a firearm when she gave him a Zastava Serbia, AK-47 type semi-automatic rifle and a Glock Model 22 40-caliber handgun.

Cedric had the guns when he was shot and killed by police Thursday after they were called to a shooting incident at Excel Industries in Hesston.

If convicted, Hopkins faces a maximum penalty of 10 years in federal prison and a fine up to $250,000. The Hesston Police Department, the Harvey County Sheriff’s Department, the Newton Police Department, the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Kansas Bureau of Investigation and the FBI investigated. Assistant U.S. Attorney Lanny Welch and Assistant U.S. Attorney David Lind are prosecuting.

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

 

KANSAS CITY, KAN. – A man who managed a restaurant in Ottawa, Kan., was sentenced Tuesday for harboring undocumented workers, U.S. Attorney Barry Grissom said today. He was sentenced to six months in federal custody, followed by six months home confinement and a fine of $4,000. After serving his sentence, he will be on supervised release for three years.

Alex Sanchez, Jr., 36, who was the manager of El Mezcal Mexican Restaurant in Ottawa, Kan., pleaded guilty to one count of harboring undocumented workers for commercial advantage. In his plea, he admitted that in 2011 he paid a fine of $22,589 fine when Immigration and Customs Enforcement found him in violation of rules for I-9 employee eligibility verification forms.

Despite the fine, he continued to employ workers in 2012 who he knew were not legally in the United States. He provided housing for the undocumented workers and paid them in cash.

Grissom commended Immigration and Customs Enforcement, Assistant U.S. Attorney Chris Oakley and Special Assistant U.S. Attorney Colin Wood for their work on the case.

 

KANSAS CITY, KAN. – A Missouri man was sentenced Tuesday to two years on federal probation during which he is banned from hunting for stealing a tractor and hunting in Kansas in violation of the federal Lacy Act, U.S. Attorney Barry Grissom said. In addition, he was ordered to pay a $5,000 fine, and $6,894 in restitution.

Thomas Morgan, 31, Blue Springs, Mo., pleaded guilty to one count of transporting a stolen vehicle across state lines and one count of violating the Lacy Act, which prohibits interstate transportation of wildlife that was illegally taken. In his plea, Morgan admitted a Rice County deputy stopped him in November 2013 after Morgan had been hunting deer in Stafford County without a license or deer permits. Morgan had been illegally hunting in the dark. Investigators found deer heads in his car. A search warrant at his home turned up heads, antlers, skulls and capes of deer.

During the investigation, agents of the U.S. Fish and Wildlife Service learned Morgan was involved in the theft of a Kubota tractor in Miami County. The tractor was found at Morgan’s residence.

Grissom commended the U.S. Fish and Wildlife Service, the Kansas Department of Wildlife, Parks and Tourism, the Rice County Sheriff’s Department, the Miami County Sheriff’s Department and Assistant U.S. Attorney Chris Oakley for their work on the case.

TOPEKA, KAN. – An indictment unsealed in federal court here Thursday charges one more defendant with kidnapping and killing a Junction City woman, U.S. Attorney Barry Grissom said.

Shantrell D. Woody, 26, Fort Riley, Kan., is charged with one count of kidnapping resulting in death.

Three other defendants charged previously with the same count were:

               Larry L. Anderson, 26, who is being held in the Geary County Jail.

               Marryssa M. Middleton, 23, who is being held in the Geary County Jail.

               Drexel A. Woody, 24, who is being held in the Geary County Jail.

The body of Amanda Clemons, 24, of Junction City, was found in February 2014 in Geary County, Kan.

The indictment alleges that on Feb. 7, 2014, the defendants kidnapped the victim and held her on the Fort Riley military installation. While they were holding her they killed her.

If convicted, they face a maximum penalty of life in federal prison without parole. The Junction City Police Department, the Grandview Plaza Police Department, the Geary County Sheriff’s Office, the Riley County Police Department, the Fort Riley Criminal Investigation Division and the FBI investigated. Assistant U.S. Attorney Jared Maag, Assistant U.S. Attorney Tony Mattivi are prosecuting. Grissom also thanked the Geary County Attorney for his assistance.                                                                                                                                                                                                                        

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

WICHITA, KAN. – A former state district magistrate judge in southeast Kansas pleaded guilty Monday to embezzling approximately $24,000, U.S. Attorney Barry Grissom said.

Bill W. Lyerla, 64, Galena, Kan., pleaded guilty to six counts of wire fraud. In his plea, Lylera admitted he embezzled the money from the Kansas District Magistrate Judges Association while he served as an elected treasurer for the organization. In the state system, magistrate judges conduct first appearances and preliminary examinations of felony charges and hear felony arraignments, as well as performing other judicial duties. Lyerla was a magistrate judge for the state’s Eleventh Judicial District from 1991 to his resignation in 2014.

In his plea, he admitted that as treasurer for the judges association he had authority to write checks to pay for the organization’s legitimate expenses. He used that power to fraudulently write checks payable to himself on the association’s bank account.

Sentencing is set for July 6. He faces a maximum penalty of 30 years in federal prison and a fine up to $1 million on each count. Grissom commended the FBI and Assistant U.S. Attorney Debra Barnett for their work on the case.

WICHITA, KAN. – A Pittsburg, Kan., man was sentenced Thursday to 96 months in federal prison for distributing child pornography, U.S. Attorney Barry Grissom said.

John Tyler Gariglietti, 32, Pittsburg, Kan., pleaded guilty to one count of distributing child pornography. In his plea, he admitted he used a computer in his home in Pittsburg to access a file sharing network. He stored images of child pornography on his computer that were available to other users on the network. He told investigators he had been collecting child pornography since 2011.

Grissom commended the Wichita Police Department, the Kansas Internet Crimes Against Children Task Force, Homeland Security Investigations and Assistant U.S. Attorney Jason Hart.

KANSAS CITY, KAN. - A Kansas City, Kan., man was indicted Wednesday on federal drug trafficking charges, U.S. Attorney Barry Grissom said.

Damien D. Campbell, 29, Kansas City, Kan., is charged with one count of possession with intent to distribute crack (count one), one count of possession with intent to distribute marijuana (count two), one count of unlawful possession of a firearm in furtherance of drug trafficking (count three), and one count of unlawful possession of a firearm following a felony conviction (count four). The crimes are alleged to have occurred Feb. 3, 2016, in Kansas City, Kan.

An investigator’s affidavit filed in the case alleges officers of the Kansas City (Kansas) Police Department served a search warrant Feb. 3 at Campbell’s residence in the 2900 block of North 63rd in Kansas City, Kan. They seized 26 grams of synthetic marijuana, 127 grams of marijuana, 1.6 grams of crack cocaine, two .40 caliber handguns and more than $38,000 in cash.

If convicted, he faces a maximum penalty of 20 years in federal prison and a fine up to $1 million on count one, a maximum penalty of five years and a fine up to $250,000 on count two, not less than five years and a fine up to $250,000 on count three, and a maximum penalty of 10 years and a fine up to $250,000 on count four. The Kansas City (Kansas) Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives investigated. Special Assistant U.S. Attorney James Ward is prosecuting.

 

OTHER GRAND JURY INDICTMENTS

Jose Robles-Trevizo, 50, a citizen of Mexico, is charged with unlawfully re-entering the United States after being deported. He was found Feb. 2, 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.

 

Miguel Parga-Chavez, 44, a citizen of Mexico, is charged with unlawfully re-entering the United States after being deported. He was found Feb. 12, 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.

 

Christian Robert Orr, 42, Osawatomie, Kan., is charged with one count of unlawful possession of a firearm following a felony conviction. The crime is alleged to have occurred Dec. 21, 2015, in Miami 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 Terra Morehead 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 Tuesday to 43 months in federal prison for taking part in an armed robbery, U.S. Attorney Barry Grissom said.

Zennie Lee Vasser, II, 32, Topeka, Kan., pleaded guilty to one count of aiding and abetting armed robbery. In his plea, he admitted that on June 4, 2014, he was captured on video holding open the door while co-defendant Charles Steele brandished a firearm and forced a store clerk to give him money from the cash drawer of Check Into Cash at 3711 S.W. Plaza Drive in Topeka. Investigators learned that Vasser was present with Steele and Steele’s twin brother, Lamar Steele, planned the robbery. Vasser agreed to enter the store and engage the clerk while Charles Steele committed the robbery. Lamar Steel agreed to drive the getaway car.

Charles Steele is set for sentencing June 6. Lamar Steele is set for sentencing March 14.

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

 

KANSAS, KAN. – A Topeka man Tuesday pleaded guilty to a federal charge of using a gun to commit a robbery, U.S. Attorney Barry Grissom said.

Renard Alston, 20, Topeka, Kan., pleaded guilty to one count of using a firearm in a robbery. In his plea, he admitted that on Aug. 28, 2015, he sold a 9 mm pistol with an obliterated serial number for $400 to an undercover informant working with the Bureau of Alcohol, Tobacco, Firearms and Explosives. Then Alston pointed a gun to the informant’s head and ordered the informant to give him everything he had. Alston kept the cash the informant had paid for the gun and took back the 9 mm pistol before fleeing the scene.

Sentencing is set for May 16. He faces a penalty of not less than five years in federal prison and a fine up to $250,000. Grissom commended the Bureau of Alcohol, Tobacco, Firearms and Explosives and Assistant U.S. Attorney Jared Maag for their work on the case.

KANSAS, KAN. – An Overland Park man pleaded guilty Tuesday to defrauding investors in his businesses, U.S. Attorney Barry Grissom said.

Richard Ballard, 67, Overland Park, Kan., pleaded guilty to one count of wire fraud. In his plea, he admitted that he diverted $99,649 from companies he owned and used the investment proceeds for his personal benefit.

From March 2007 to September 2008 approximately 18 individuals or couples invested approximately $1.2 million into Ballard’s business ventures, including CRB Group, LLC; CRB Springwater, LLC; CRB Biosoft, LLC; CRB Holdings, LLC; and JHS Foods, LLC. He solicited working capital from investors for CRB Springwatter, LLC, to develop environmentally friendly bottled water and CRB Biosoft, LLC, to produce environmentally friendly pet chews.

Ballard wired a total of $125,000 from an account in New York to an account he controlled in Kansas. In the next few days, he engaged in 20 debit transactions totaling $99,649 by which he diverted corporate proceeds to other companies that he owned and used the investment proceeds for his personal benefit.

Sentencing is set for May 16. The parties have agreed to recommend 27 months in federal prison and restitution to be determined by the court.

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

WICHITA, KAN. – The owner of a Wichita massage parlor was charged Friday in federal court with harboring a Chinese woman who worked as a prostitute, U.S. Attorney Barry Grissom said.

Samir F. Elias, 60, Wichita, Kan., is charged with one count of transporting an alien who is in the United States unlawfully, one count of harboring an alien who is in the United States unlawfully, one count of harboring an alien for the purpose for prostitution and two counts of money laundering.

The charges allege Elias was the owner of GiGi’s Elite Massage, which operated at 357 N. Hillside in Wichita after moving from a previous location at 6611 E. Central. Elias employed a Chinese woman who used the name Angel.  An undercover vice detective with the Wichita Police Department arrested the woman after she offered to perform sexual services during a massage.

Investigators learned that:

• The woman lived at the massage parlor or at times at Elias’ home.

• She usually worked seven days a week.

• She had no formal training in how to give a massage.

• Patrons paid $40 for 30 minutes and $60 for an hour of massage. She paid Elias $10 of the fee for the $40 massage and $20 of the fee for the $60 massage. She was allowed to keep her tips.

• The woman was convicted in Wichita municipal court on a charge of sale of sexual relations. She is appealing the conviction.If convicted, she faces a maximum penalty of 10 years in federal prison and a fine up to $250,000 on counts 1, 2 and 3, and a maximum penalty of 20 years and a fine up $500,000 on counts 4 and 5.

• The Wichita Police Department and Homeland Security Investigations (HSI) 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.

TOPEKA, KAN. - A former Fort Riley nurse was indicted Wednesday on charges of stealing fentanyl, a powerful painkiller, U.S. Attorney Barry Grissom said today.

Lana J. Pendergast, 56, Clay Center, Kan., is charged with one count of unlawfully obtaining a controlled substance. The indictment alleges that while she worked as a nurse at Irwin Army Hospital she began taking fentanyl for her own use, replacing the stolen fentanyl with saline to cover up the crime. The fentanyl vials containing saline were disposed of as waste.

 If convicted, she faces a maximum penalty of four years in federal prison and a fine up to $250,000. U.S. Army Criminal Investigation Division investigated. Special Assistant U.S. Attorney Robin Graham is prosecuting.

 

OTHER GRAND JURY INDICTMENTS

Don Alvin Womack, Jr., 41, Topeka, Kan., is charged with one count of carjacking. The indictment alleges that on Jan. 14, 2016, Womack threatened the driver of a 2001 Buick Regal and stole the vehicle. The crime occurred in Shawnee County, Kan.

If convicted, he faces a maximum penalty of 15 years in federal prison and a fine up to $250,000. The FBI investigated. Assistant U.S. Attorney Jared Maag is prosecuting.

 

Vincent Dang, 40, Garden City, Kan., is charged with two counts of distributing child pornography. The crimes are alleged to have occurred in November 2015 and January 2016 in Garden City, Kan.

If convicted, he faces a penalty of not less than five years and not more than 20 years and a fine up to $250,000 on each count. The Dodge City Police Department, the Internet Crimes Against Children Task Force, the Wichita Police Department, and Immigration and Customs Enforcement investigated. Assistant U.S. Attorney Alan Metzger is prosecuting.

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

WICHITA, KAN. – A former tribal casino employee has been charged in federal court with embezzlement, U.S. Attorney Barry Grissom said today.

Donald M. Collins, 32, Wetmore, Kan., is charged with one count of embezzling tribal funds.

A criminal information filed in U.S. District Court in Wichita Tuesday alleges the crime occurred while Collins worked as players club manager for the Sac and Fox Casino, which is owned by the Sac and Fox Nation of Kansas and Nebraska. He is accused of making $13,326 in counterfeit players cards. The cards allowed the bearers to play various casino games at the casino. Approximately $17,400 was fraudulently won by the users of the counterfeit cards.

If convicted, he faces a maximum penalty of five years in federal prison and a fine up to $250,000. The Kansas State Gaming Agency investigated. Assistant U.S. Attorney Alan Metzger is prosecuting.

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

KANSAS CITY, KAN. – A Shawnee Mission man was sentenced Monday to 63 months in federal prison for embezzling more than $6 million from an Overland Park company, U.S. Attorney Barry Grissom said.

Kenneth Voboril, 46, Shawnee Mission, Kan., pleaded guilty to one count of wire fraud and one count of filing a false tax return. In his plea, he admitted he was hired in 2005 by Commodity Specialists Company to run its subsidiary, TransMaxx. TransMaxx brokered trucking deliveries for customers and occasionally provided services to CSC.     

Voboril devised a scheme to defraud CSC by creating fake companies and billing CSC for deliveries that never occurred. He caused false truck load information to be entered into TransMaxx’s computer system, resulting in invoices being created by TransMaxx’s account software program.

Over the course of time, he embezzled more than $6 million from CSC. In addition, he failed to report the income on his federal tax returns.

Grissom commended the Internal Revenue Service, U.S. Secret Service and Assistant U.S. Attorney Chris Oakley for their work on the case.

 

KANSAS CITY, KAN. – The former controller of a company in Lenexa pleaded guilty Monday to embezzling more than $135,000, U.S. Attorney Barry Grissom 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.

Sentencing is set for May 16. He faces a maximum penalty of 30 years and a fine up to $1 million on each count. Grissom commended the U.S. Postal Inspection Service and Assistant U.S. Attorney Jabari Wamble for their work on the case.

WICHITA, KAN. – An Arizona man was sentenced Monday to 5 years in federal prison for driving 12 pounds of methamphetamine from Arizona to Kansas, U.S. Attorney Barry Grissom said.

Jose Francisco Beltran, 39, Tucson, Ariz., pleaded guilty to one count of interstate travel in furtherance of drug trafficking. In his plea, he admitted that on Aug. 27, 2015, the Kansas Highway Patrol stopped him on Interstate 70 in Lincoln County, Kan. Troopers discovered approximately 12 pounds of methamphetamine and a half pound of powder cocaine. He told investigators he picked up the drugs in Arizona and was delivering them to Wichita, Kan.

Grissom commend the Kansas Highway Patrol, the Drug Enforcement Administration and Assistant U.S. Attorney Matt Treaster for their work on the case.

John T. Booker Jr., 21, of Topeka, Kansas, pleaded guilty today to attempting to detonate a vehicle bomb on the Fort Riley military base in Manhattan, Kansas.

Assistant Attorney General for National Security John P. Carlin and U.S. Attorney Barry Grissom of the District of Kansas made the announcement.

Booker pleaded guilty before U.S. District Judge Carlos Murguia of the District of Kansas to one count of attempted use of a weapon of mass destruction and one count of attempted destruction of government property by fire or explosion.  Sentencing will be scheduled at a later date.  The parties have stipulated to a sentence of 30 years in federal prison.

“John Booker admitted that he intended to kill U.S. military personnel on American soil in the name of ISIL,” said Assistant Attorney General Carlin.  “Thankfully, law enforcement was able to safely identify and disrupt this threat to the brave men and women who risk their lives to defend our country.  The National Security Division’s highest priority is countering terrorist threats and protecting American lives by holding accountable those who plot to attack us.”

“If this defendant had succeeded, American soldiers would have died,” said U.S. Attorney Grissom.  “The investigators and the attorneys who worked on this case were our line of defense against terrorism.  They kept us safe.”

In his guilty plea, Booker admitted he intended to kill American soldiers and to assist ISIL’s fight against the United States.  His plan called for constructing a bomb containing 1,000 pounds of ammonium nitrate.  Booker intended to trigger the bomb himself and die in the process, and filmed a video he intended Americans to see after his death.

“You sit in your homes and think this war is just over in Iraq,” he said in the video.  “Today we will bring the Islamic State straight to your doorstep.”

Unbeknownst to Booker, the bomb that he constructed was made with inert materials, and the two men working with him were undercover informants for the FBI.

The FBI began investigating Booker in March 2014 after he posted on his Facebook page that he wanted to commit jihad.  Booker admitted that he tried to enlist in the U.S. Army in order to commit an insider attack against American soldiers like the one at Fort Hood in Texas, but his deadly plans were thwarted when he was denied entry into the Army.  In October 2014, Booker began communicating with an undercover FBI informant.  He told the undercover FBI informant that he dreamed of being a fighter in the Middle East, and proposed capturing and killing an American soldier.

In March 2015, Booker was introduced to another FBI informant who he believed would help him plan an attack.  Booker said he wanted to detonate a suicide bomb because he couldn’t be captured, all the evidence would be destroyed, and he would be guaranteed to hit his target.  On March 10, 2015, Booker made a video filmed at Freedom Park near Marshall Army Airfield at Fort Riley in which he pledged allegiance to Abu Bakr al Baghdadi, the leader of ISIL.  That month, he rented a storage unit in Topeka where the bomb would be assembled.

On April 10, 2015, Booker and the informants drove to an area near Fort Riley that Booker believed to be a little-used utility gate where they could enter Fort Riley undetected.  He was arrested when he made the final connections on the device that he believed would arm the bomb.

The investigation was conducted by the FBI Joint Terrorism Task Force.  The case is being prosecuted by Assistant U.S. Attorney 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.

KANSAS CITY, KAN. - John T. Booker Jr., 21, of Topeka, Kansas, pleaded guilty today to attempting to detonate a vehicle bomb on the Fort Riley military base in Manhattan, Kan.

U.S. Attorney Barry Grissom of the District of Kansas and Assistant Attorney General for National Security John P. Carlin made the announcement.

Booker pleaded guilty before U.S. District Judge Carlos Murguia of the District of Kansas to one count of attempted use of a weapon of mass destruction and one count of attempted destruction of government property by fire or explosion. Sentencing will be set for a later date. The parties have stipulated to a sentence of 30 years in federal prison.

“If this defendant had succeeded, American soldiers would have died,” said U.S. Attorney Grissom. “The investigators and the attorneys who worked on this case were our line of defense against terrorism. They kept us safe.”

 “John Booker admitted that he intended to kill U.S. military personnel on American soil in the name of ISIL,” said Assistant Attorney General Carlin.  “Thankfully, law enforcement was able to safely identify and disrupt this threat to the brave men and women who risk their lives to defend our country.  The National Security Division’s highest priority is countering terrorist threats and protecting American lives by holding accountable those who plot to attack us.”

In his guilty plea, Booker admitted he intended to kill American soldiers and to assist ISIL’s fight against the United States.  His plan called for constructing a bomb containing 1,000 pounds of ammonium nitrate.  Booker intended to trigger the bomb himself and die in the process, and filmed a video he intended Americans to see after his death.

“You sit in your homes and think this war is just over in Iraq,” he said in the video.  “Today we will bring the Islamic State straight to your doorstep.”

Unbeknownst to Booker, the bomb that he constructed was made with inert materials, and the two men working with him were undercover informants for the FBI.

The FBI began investigating Booker in March 2014 after he posted on his Facebook page that he wanted to commit jihad.  Booker admitted that he tried to enlist in the U.S. Army in order to commit an insider attack against American soldiers like the one at Fort Hood in Texas, but his deadly plans were thwarted when he was denied entry into the Army. In October 2014, Booker began communicating with an undercover FBI informant. He told the undercover FBI informant that he dreamed of being a fighter in the Middle East, and proposed capturing and killing an American soldier.

In March 2015, Booker was introduced to another FBI informant who he believed would help him plan an attack.  Booker said he wanted to detonate a suicide bomb because he couldn’t be captured, all the evidence would be destroyed, and he would be guaranteed to hit his target.  On March 10, 2015, Booker made a video filmed at Freedom Park near Marshall Army Airfield at Fort Riley in which he pledged allegiance to Abu Bakr al Baghdadi, the leader of ISIL.  That month, he rented a storage unit in Topeka where the bomb would be assembled.

On April 10, 2015, Booker and the informants drove to an area near Fort Riley that Booker believed to be a little-used utility gate where they could enter Fort Riley undetected.  He was arrested when he made the final connections on the device that he believed would arm the bomb.

The investigation was conducted by the FBI Joint Terrorism Task Force.  The case is being prosecuted by Assistant U.S. Attorney 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.

TOPEKA, KAN. - The former branch manager of a bank in Manhattan, Kan., was sentenced Wednesday to 27 months in federal prison for embezzlement, U.S. Attorney Barry Grissom. In addition, she was ordered to pay $277,000 in restitution.

Melissa Vinsonhaler, 34, Manhattan, Kan., pleaded guilty to one count of embezzlement from a bank. In her plea, she admitted the crime occurred while she was branch manager of Kansas State Bank on East Highway 24 in Manhattan, Kan. She embezzled $277,000 from the bank and made false entries in the bank’s ledger to cover up the crime.

Grissom commended the FBI and Assistant U.S. Attorney Rich Hathaway for their work on the case.

 

TOPEKA, KAN. – A Topeka woman pleaded guilty Tuesday to the sex trafficking of a 17-year-old girl, U.S. Attorney Barry Grissom said.

Tiara Jade Newman, 22, Topeka, pleaded guilty to one count of conspiracy to commit sex trafficking. In her plea, she admitted that on March 21, 2015, she and her husband, co-defendant Reginald Newman, 29, Topeka, Kan., took a 17-year-old girl from Topeka to Junction City, Kan., for the purpose of prostitution.

The Newmans rented two rooms at a Value Place motel in Junction City. The rooms -- one room for performing commercial sex acts and the other where the three slept – were rented March 21 to March 25.

On March 21, Tiara Newman and the girl met a solder from Fort Riley at the Value Place motel. The soldier paid $250 to have sex with both of them.

On March 26, Tiara Newman took the girl along on an “out call” to the Fairfield Inn in Manhattan, Kan. Newman told the customer that the girl was new and she was showing her the business. The customer noticed that the girl was nervous and gave her a tip.

Reginald Newman kept all the money from the commercial sex acts. He pleaded guilty and is set for sentencing April 1.

Tiara Newman’s sentencing is set for May 2. Newman faces a penalty of not less than 15 years and a fine up to $250,000. Grissom thanked the following agencies for their work on the investigation: The Topeka Police Department, Homeland Security Investigations, the Riley County Police Department, the Junction City Police Department, the Kansas Department of Revenue, the Fort Riley Police Department, the Ottawa Police Department, the Shawnee County District Attorney’s Office, the Pottawatomie County Attorney, the Riley County Attorney and local human trafficking victim specialists.

 

KANSAS CITY, KAN. – A Lawrence woman pleaded guilty Tuesday to forging her ex-husband’s signature on official documents when she fled to Europe with her daughters, U.S. Attorney Barry Grissom said Tuesday.

Samantha C. Elmer, 33, Lawrence, Kan., pleaded guilty to one count of aggravated identity theft. In her plea she admitted she forged her husband’s signature on a document giving her consent to take their two daughters to Europe. She filed the document as part of the process of getting passports for the girls.

Elmer was charged in December after she returned from Europe with the girls, 9 and 11 years old.

Sentencing will be set for a later date. She faces a maximum penalty of two years in federal prison and a fine up to $250,000.

Grissom commended the following agencies that worked on the investigation: the Lawrence Police Department, the FBI, Homeland Security Investigations, the Douglas County District Attorney’s Office, the Eudora Police Department, the Overland Park Police Department and the Johnson County District Attorney’s Office, as well as the prosecutor, Assistant U.S. Attorney Chris Oakley.

WICHITA, KAN. - A retired Wichita police lieutenant who was paid $56,400 to provide armed engagement training for law enforcement officers was indicted Tuesday on charges of embezzling federal grant funds.

Kevin P. Vaughn, 51, Wichita, Kan., who retired in March 2015 after 28 years with the Wichita Police Department, is charged with one count of embezzling U.S. Department of Homeland Security funds, one count of mail fraud, three counts of wire fraud and one count of money laundering.

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

The indictment alleges Vaughn:

• Falsely reported conducting training in McPherson, Kan., on May 27 and May 28, 2015. In fact, the training sessions took place on June 3 and 4, 2015, after the deadline for the training to be completed. In addition, the training sessions were four hours long, not the eight hours Vaughn’s company had agreed to provide. Vaughn submitted falsified sign-up sheets with forged officers’ signatures.

• Falsely reported conducting eight hours of training on May 22, 2015, during the Wichita Police Department Ladies Range Day. In fact, the training lasted four hours and it was not approved by the police department.

• Falsely reported offering training in Sumner County on April 27 and May 1, 2015. In fact, there was no training on those days. Vaughn submitted fabricated sign-up sheets for those dates.

• Falsely reported offering training in Sumner County on April 20, 21, 22, 23 and 24, 2015. In fact, there was no training on those days. He submitted fabricated sign-up sheets for those dates.

 

Upon conviction, the crimes carry the following penalties:

Count 1 (embezzlement): A maximum penalty of 10 years and a fine up to $250,000.

Count 2 and 6 (mail fraud): A maximum penalty of 20 years and a fine up to $250,000.

Counts 3, 4 and 5 (wire fraud): A maximum penalty of 20 years and a fine up to $250,000 on each count.

Count 7 (Money laundering): A maximum penalty of 10 years and a fine up to $250,000.

 

The FBI and the Wichita Police Department 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.

WICHITA, KAN. - A Wichita massage parlor owner was sentenced Wednesday to time served (10 months) for trying to recruit a Chinese-speaking woman to perform sexual services at a massage parlor in Wichita, U.S. Attorney Barry Grissom said. She also will serve five years on federal supervised release.

Ping Liu, 44, Wichita, Kan., pleaded guilty to one count of attempted coercion and enticement to prostitution. In her plea, she admitted that during a phone conversation conducted in Mandarin Chinese she arranged for a woman posing as a job applicant from New York to come to Wichita to work at Q Massage, 3833 W. 13th in Wichita. Liu told the applicant that the job included providing sexual services to customers. Liu told the applicant she would pick her up at the airport in Wichita.

In her plea, Liu also admitted twice offering to perform sexual services for undercover Wichita police officers who came to the massage parlor posing as customers.

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

KANSAS CITY, KAN. - A former credit union employee pleaded guilty Wednesday to embezzling more than $34,000, U.S. Attorney Barry Grissom said.

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.

Sentencing will be set for a later date. She faces a maximum penalty of 30 years in federal prison and a fine up to $1 million.

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