District of Kansas

TOPEKA, KAN. - A Topeka man was sentenced Monday to 6 years in federal prison for possession of a stolen firearm, U.S. Attorney Barry Grissom said.

Bryan K. Carter, 33, Topeka, Kan., pleaded guilty to one count of possessing a stolen firearm. In his plea, he admitted that on Dec. 3, 2011, he was arrested by officers of the Topeka Police Department on an outstanding warrant. The gray Infiniti he was driving had been reported stolen and police impounded it.

On Dec. 13, 2011, police received a tip that someone was planning to burglarize the police impound lot to retrieve a firearm that was hidden under the hood of the Infiniti. Police searched the car and found the gun, a .22 caliber pistol, before a burglary took place. Carter admitted he received the gun in exchange for narcotics and was aware the firearm has been stolen.

Grissom commended the Topeka Police Department, the Bureau of Alcohol, Tobacco, Firearms and Explosives and Assistant U.S. Attorney Randy Hendershot for their work on the case.

WICHITA, KAN. - Two New Mexico women were indicted Tuesday on charges of bringing more than 8 pounds of methamphetamine to Wichita, U.S. Attorney Barry Grissom said.

Annabell Romero, 37, Tucumcari, N.M., and Pamela Y. Meier, 43, Tucumcari, New Mexico, were charged with one count of possession with intent to distribute methamphetamine and one count of traveling in interstate commerce in furtherance of drug trafficking.

They initially were charged in a criminal complaint filed in U.S. District Court in Wichita March 1. An affidavit in support of the complaint alleged that on Feb. 28 they were driving eastbound in the 21000 block of west US 54 when they were stopped by a deputy of the Sedgwick County Sheriff’s. Investigators found the methamphetamine in duct taped bundles inside four brown paper sacks that were hidden in the lining of the trunk. Investigators learned the two women were being paid to transport the drugs from Phoenix to Wichita.

If convicted, they face a penalty of not less than 10 years in federal prison and a fine up to $10 million on the charge of possession with intent to distribute, and maximum penalty of five years and a fine up to $250,000 on the other charge. The Sedgwick County Sheriff’s Office investigated. Assistant U.S. Attorney Lanny Welch is prosecuting.

OTHER INDICTMENTS

Osiel Torres-Guerrero, 35, and Pedro Antonio Torres, 39, both in custody at the Leavenworth Detention Center of CCA, are charged with one count of possession with intent to distribute 3.8 pounds of methamphetamine. The crime is alleged to have occurred Feb. 20 in Wabaunsee County, Kan.

An affidavit filed in the case alleges the methamphetamine was found in their car when they were stopped by the Kansas Highway Patrol while driving eastbound on I-70 near mile marker 322 in Wabaunsee County.

If convicted, they face a penalty of not less than 10 years and a fine up to $10 million. The Drug Enforcement Administration investigated. Assistant U.S. Attorney Randy Hendershot is prosecuting.

Luis Felipe Cortez-Parra, 23, Wichita, Kan., is charged with one count of possession with intent to distribute approximately 2 kilograms (more than 4.5 pounds) of methamphetamine. The crime is alleged to have occurred Oct. 10, 2013, in Sedgwick County, Kan.

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

Jeremy L. Landon, 49, Garden City, Kan., and Crystal A. Castanada, 27, Garden City, Kan., are charged with one count of distributing methamphetamine and one count of possession with intent to distribute methamphetamine. The crimes are alleged to have occurred Jan. 24 in Garden City, Kan.

If convicted, they face a maximum penalty of 20 years in federal prison and a fine up to $1 million. The Drug Enforcement Administration investigated. Assistant U.S. Attorney Mona Furst is prosecuting.

Keenan R. Linneman, 33, Emporia, Kan., is charged with one count of unlawful possession of a firearm after a felony conviction, one count of possession with intent to distribute marijuana, and one count of unlawful possession of a firearm in furtherance of drug trafficking. The crimes are alleged to have occurred Nov. 4 in Emporia.

If convicted, he faces a maximum penalty of 10 years in federal prison and a fine up to $250,000 on the charge of unlawful possession of a firearm by a felon, a maximum penalty of 10 years and a fine up to $500,000 on the marijuana charge, and a maximum penalty of five years and a fine up to $250,000 on the other charge. The Lyon County Sheriff’s Office and Bureau of Alcohol, Tobacco, Firearms and Explosives investigated. Assistant U.S. Attorney Lanny Welch is prosecuting.

Gabriel Marceleno-Lopez, a citizen of Mexico,is charged with unlawfully re-entering the United States after being deported. He was found Feb. 25, 2014, in Sedgwick County, Kan.

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

Marla R. McDonald, 25, Garden City, Kan., is charged with making false statements in order to receive about $17,500 in Social Security Administration child survivor’s benefits to which she was not entitled. The crime is alleged to have occurred Sept. 22, 2011, in Garden City.

If convicted, she faces a maximum penalty of five years in federal prison and a fine up to $250,000. The Social Security Administration – Office of Inspector General investigated. Assistant U.S. Attorney Brent Anderson is prosecuting.

John William Kerbow, 45, Wichita, Kan., is charged with six counts of aggravated identity theft and six counts of attempted bank fraud. The indictment alleges he used counterfeit driver’s licenses and false checks to attempt to defraud Commerce Bank of Newton, Commerce Bank of Wichita, Intrust Bank of Wichita and Conway Bank of Wichita.

If convicted, he faces a mandatory two years in prison and a fine up to $250,000 on each identity theft count and a maximum penalty of 30 years and a fine up to $1 million on each count of attempted bank fraud. The U.S. Secret Service 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.

WICHITA, KAN. – A former Wichita area physician was sentenced Monday to a total of 75 months in prison on federal firearm and drug charges and a violation of federal supervised release, U.S. Attorney Barry Grissom said.

In November, a jury found Lawrence M. Simons, 57, Wichita, Kan., guilty on one count of unlawful possession of a firearm after a felony conviction and one count of unlawful possession of controlled substances.

During trial, prosecutors presented evidence that in 2009 Simons, a former employee of the Schneider Medical Clinic in Haysville, Kan., pleaded guilty to two counts of unlawfully distributing controlled substances. In January 2010, Simons was sentenced to 24 months in federal prison to be followed by three years on supervised release.

In April 2013 an agent of the Bureau of Alcohol, Tobacco, Firearms and Explosives learned that Simons had given a pistol to Steven Woodin, proprietor of S&F Bail Bonds in Wichita. Simons owed Woodin for bonding him out of jail on a $25,000 bond in a Sedgwick County District Court case involving a charge of making a criminal threat.

Prosecutors also presented evidence that on Aug. 7, 2008, Simons signed a Drug Enforcement Administration form surrendering his controlled substances privileges. On Aug. 21, 2009, Simons leased three storage units at the West Kellogg Stor-All where he stored personal property. Controlled substances later were found in the storage units including Fentanyl, Actiq, Lortab Elixer, Ketamine, Versed, Midazolam, Brevital Sodium, Diazepam, Stadol and Niravan.

The sentence includes 51 months on the firearms and gun charges and 24 months to be served consecutively for the violation of supervised release.

Grissom commenced the Bureau of Alcohol, Tobacco, Firearms and Explosives and Assistant U.S. Attorney Alan Metzger for their work on the case.

TKANSAS CITY, KAN. - An Augusta, Kan., man pleaded guilty Monday to a charge of producing child pornography, U.S. Attorney Barry Grissom said.

Kristopher K. Sims, 30, Augusta, Kan., pleaded guilty to one count of producing child pornography. In his plea, Sims admitted that on Nov. 20, 2012, he made a recording of a 12-year-old girl engaging in a sexual act. Sims was in Kansas and the girl was in New York. He used his computer and a video-chat service to engage in a video chat with her, which he recorded.

Sims first met the victim when she was 11 years old via Facebook. He posed as a boy who was 15 or 16 years old. Over a period of months, he communicated with her in chats and video messaging. He persuaded her to engage in sexual acts, which he captured in live video feeds from her computer.
Sentencing is set for June 2. He faces a penalty of not less than 15 years and not more than 30 years in federal prison and a fine up to $250,000.

Grissom commended the Augusta Police Department, the Wichita Police Department’s Crimes Against Children Task Force, Homeland Security Investigations and Assistant U.S. Attorney Jason Hart for their work on the case.

TOPEKA, KAN. – U.S. Attorney Barry Grissom and Special Agent in Charge Michael Kaste of the FBI’s Kansas City Office announced today they are asking for the public’s help in combating fraud and public corruption in Kansas.

The FBI has set up a toll-free public corruption hotline at 1-855-527-2847 (1-855-KCPCTIP) for reports from Topeka, Wichita and throughout the state of Kansas. Reports also can be emailed to KCPCTIP@ic.fbi.gov.

“Crooked public officials undermine the public’s trust in our government,” Grissom said. “They dishonor the many honest and hard-working men and women who serve the public at all levels of government. With the FBI’s hotline, everyone can have a hand in fighting public corruption.”

Kaste said that the FBI already has received many tips with valuable information from the hotline and the email address, which were rolled out first in Kansas City in November.

“In cases of public corruption the public’s help makes a significant difference, and the establishment of this hotline supplies the necessary tools to provide that help,” said SAC Kaste. 

Kaste said the FBI’s top criminal priority is to address public corruption at all levels of government. Many times, these crimes are difficult to detect because of their secretive nature, and they are even more difficult to prove without the assistance of concerned citizens.

Accepting a bribe for awarding a contract, taking a kickback for providing a permit or inaction by law enforcement for payment are examples of public corruption. A violation of federal law, public corruption includes bribes, embezzlement, racketeering, kickbacks, and money laundering as well as wire, mail, bank, and tax fraud – all of which occur at the public’s expense.

The hotline number will also be featured on Lamar billboards within the Topeka area. Details regarding the various types of public corruption investigated by the FBI can be found online at:

http://www.fbi.gov/about-us/investigate/corruption

KANSAS CITY, KAN. – Three men were charged Friday in connection with a bank robbery in Overland Park, U.S. Attorney Barry Grissom said.

Charged with one count each of bank robbery are:

Randy A. Cornelius, 21
Allen J. Williams, 23
Alvin J. Williams, 23

A criminal complaint filed in U.S. District Court in Kansas City, Kan., alleges that on Feb. 27, 2014, the three men robbed Inter-State Federal Savings at 8620 Metcalf in Overland Park, Kan.

An affidavit filed in support of the complaint alleges the three men entered the bank at about noon. The first robber made his way behind the teller counter while the second robber confronted an employee in the lobby. The third robber pointed a dark colored handgun at another bank employee and ordered him into the lobby. The second robber pointed a handgun at the stomach of a teller, who gave him money from a cash drawer. The robbers put the money in a green canvas bag and left the bank.

Investigators traced the license tag of the car the robbers were driving to an address in Kansas City, Mo. Two of the defendants – Allen J. Williams and Randy A. Cornelius – were arrested near an apartment complex at 11315 Colorado Avenue in Kansas City, Mo.

If convicted, the defendants each face a maximum penalty of 25 years in federal prison and a fine up to $250,000. The Overland Park Police Department, the Kansas City, Mo., Police Department and the FBI investigated. Assistant U.S. Attorney Kim Martin is prosecuting.

In all cases, defendants are presumed innocent until and unless proven guilty. A criminal complaint merely contains allegations of criminal conduct.

KANSAS CITY, KAN. – Assistant U.S. Attorney Tris Hunt has been named Outstanding Prosecutor of the Year for his work with the High Intensity Drug Trafficking Area program, U.S. Attorney Barry Grissom said today.

The national award from the Office of National Drug Control Policy recognizes Hunt for his work with the Midwest HIDTA on a large scale investigation of methamphetamine trafficking that resulted in the prosecution of 17 individuals.

“Tris Hunt is an outstanding prosecutor,” said U.S. Attorney Barry Grissom. “He sets a high standard and he brings out the best in his colleagues.”

The award recognizes the prosecutor who has consistently developed and utilized an innovative or unique approach. Winners must demonstrate a commitment to the cooperative spirit of the task force approach, the timely development and application of legal tools and the arrest, prosecution and conviction of individuals engaged in illegal drug activities.

The award recognizes Hunt for his work with the Drug Enforcement Administration in Kansas City, Homeland Security Investigations and the Jackson County Drug Task Force, as well as many other law enforcement agencies.

The Executive Board of the Midwest HIDTA also recognized Hunt as the region’s Outstanding Prosecutor of 2013.

David Barton, Director of the Midwest HIDTA, said Hunt’s work has involved some of the more complex issues ever undertaken by the Department of Justice’s Criminal Division and the DEA-Investigative Technology section.

WICHITA, KAN. – A Wichita maintenance technician was sentenced Monday to 16 months in federal prison for making more than $150,000 by selling equipment he stole from the companies where he worked. After completing his sentence he will serve three years on supervised release.

Mark A. Lankford, 45, Wichita, Kan., pleaded guilty in U.S. District Court in Wichita to two counts of wire fraud. In his plea, he admitted stealing equipment from two Wichita companies where he worked, Spirit Aerosystems and Fiber Glass Systems LP.

Lankford was employed as an equipment maintenance technician for Spirit Aerosystems in Wichita from October 2010 to Sept. 5, 2011. During that time he stole computer parts from Spirit with a total value of more than $466,559. He used email to offer stolen parts for sale mainly to individuals in Owing Mills, Maryland. On April 25, 2011, he offered for sale an Allen Bradley model 1785-LT programmable controller, an Allen Bradley model 1771-DLC, an Allen Bradley model 1772-LXP, an Allen Bradley model 1772-TB2 and a Siemens model 6FC5303-OAB20-1AAO, all stolen from Spirit. Law enforcement officers recovered items worth approximately $454,435, leaving a remaining loss of more than $12,123.

From March 2008 to Oct 2010, Lankford worked as a maintenance mechanic for Fiber Glass Systems in Wichita. He stole computer parts from the company with a total value of more than $41,268. He offered stolen parts for sale on eBay including an Allen Bradley Controllogix Processor 7 slot system stolen from the company.

Lankford obtained a total of more than $154,824 from selling stolen parts.

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

TOPEKA, KAN. - A Topeka man has been sentenced to federal prison on a firearm charge, U.S. Attorney Barry Grissom said.

Joseph S. Buschbom, 31, Topeka, Kan., was sentenced Thursday to 41 months in prison. Buschbom pleaded guilty to one count of unlawful possession of a firearm after a felony conviction. In his plea, he admitted that he possessed a .380 caliber handgun on June 12, 2013, when drove into a driver’s license check lane being operated by the Topeka Police Department. He recognized one of the officers and said to him: “Give me a break.” Then he tried to drive away from the check lane with an officer partly inside in the car window. Buschbom yelled, “I can’t get stopped, I have a gun in my waistband.” Officers found later that the car was stolen and there was an outstanding warrant for Buschbom’s arrest.

Grissom commended the Topeka Police Department, the Bureau of Alcohol, Tobacco, Firearms and Explosives and Assistant U.S. Attorney Randy Hendershot for their work on the case.

KANSAS CITY, KAN. - A Wichita man was indicted today on a federal charge of attempting to rob a Dollar General store, U.S. Attorney Barry Grissom said.

Emanuel Goines, 46, is charged with a Feb. 10, 2014, attempted robbery at Dollar General, 2020 E. 21st, in Wichita, Kan. Goines initially was charged in a criminal complaint filed Feb. 12 in U.S. District Court in Wichita. An affidavit alleges that on Feb. 10, 2014, officers were working on a special detail in response to an increase in commercial robberies. Two officers in an unmarked car saw Goines enter the Dollar General store at 2020 E. 21st North. When marked cars responded, Goines ran from the store. Officers found him hiding beneath a truck in the 2200 block of North Piatt.

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

OTHER INDICTMENTS

Justin Johnson, 38, and Penny Johnson, 37, the owners of Timberview Construction in Lenexa, Kan., are charged with one count of conspiracy to commit bank fraud and one count of conspiracy to commit money laundering.

The indictment alleges they diverted the proceeds of a loan guaranteed by the Small Business Administration for purchases that were not part of the stated purpose of the loan. It also alleges they laundered proceeds of the crime through wire transfers to bank accounts they controlled.

If convicted, they face a maximum penalty of 30 years in federal prison and a fine up to $1 million on the bank fraud charge, and a maximum penalty of 10 years and a fine up to $250,000 on the money laundering charge. The Small Business Administration, the Internal Revenue Service, the Federal Deposit Insurance Corporation, the Federal Reserve Board – OIG, the U.S. Secret Service and the Office of the Special Inspector General for the Troubled Asset Relief Program investigated. Assistant U.S. Attorney Jabari Wamble is prosecuting.

 John Lee Cline, 48, Halstead, Kan., is charged with a Jan. 21, 2014, robbery of the Intrust Bank at 3932 W. 13th North in Wichita, Kan.

 If convicted, he faces a maximum penalty of 20 years in federal prison and a fine up to $250,000. The FBI investigated. Assistant U.S. Attorney David Lind is prosecuting.

Tomas Zepeda, Jr., 34, and Shawna Lynn Mathis, 31, are charged with one count of possession with intent to distribute methamphetamine. The crime is alleged to have occurred Feb. 11, 2014 in Thomas County, Kan.

If convicted, they face a maximum penalty of 20 years in federal prison and a fine up to $1 million. The Kansas Bureau of Investigation investigated. Assistant U.S. Attorney Mona Furst is prosecuting.

Thomas Lee Wohlford, 31, Wichita, Kan., is charged with unlawful possession of a firearm after a felony conviction. The crime is alleged to have occurred Feb. 11, 2014, 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 Wichita Police Department 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.

KANSAS CITY, KAN. An Overland Park man was sentenced Wednesday to 11 years in federal prison for swindling banks and investors out of more than $5 million, U.S. Attorney Barry Grissom said today. In addition, he was ordered to pay more than $5.7 million in restitution.
                
Ronald D. Catrell, Overland Park, Kan., pleaded guilty to one count of bank fraud, one count of aggravated identity theft, one count of money laundering and one count of wire fraud.

In his plea, Catrell admitted devising a scheme in which he defrauded Kansas City area financial institutions including Valley View Bank, Bank of the West and Marshall & Ilsley Bank by providing them with false financial information in order to obtain lines of credit and loans.

He obtained a $1.3 million line of credit from Valley View Bank in Overland Park, Kan., by providing false information that he had more than $279,000 in an account at Metcalf Bank when in fact his balance there was less than $2,200.  He also provided false tax returns and financial statements to the bank. He arranged for a person calling himself “Bill Campbell” to call a loan officer at Valley View Bank to claim that Catrell had more than $2.7 million invested with him. During the conversation, the caller said he was in an office overlooking New York City at 244 Fifth Avenue on the 18th floor, Suite 1882. In fact, Catrell had only a rented mail box at that address and the building was only four stories.

Catrell borrowed $750,000 from Bank of the West in Lee’s Summit, Mo., by giving the bank much of the same fraudulent information he gave Valley View Bank.

He obtained a $1 million line of credit from M&I Bank for his company, Software4Biz Consulting using fraudulent documents.

Catrell also co-founded a company called BlueValley Capital Management, LLP. Partners in the venture invested $50,000 to start the fund. When soliciting investors, Catrell made false statements overstating the annual return of the partners’ investments. When one of the co-founders requested an audit, Catrell provided a report with false information. He also falsely claimed to have the ability to purchase pre-initial public offering stock in Facebook. At the time, Facebook was not a publicly traded company.

Grissom commended the FBI and Assistant U.S. Attorney Chris Oakley for their work on the case.

WICHITA, KAN. - A Wichita man was convicted Tuesday on federal firearms charges, U.S. Attorney Barry Grissom said.

Michael R. Horn, 42, Wichita, Kan., was convicted on one count of unlawful possession of a firearm after a felony conviction and one count of unlawful possession of ammunition after a felony conviction. During a jury trial, prosecutors presented evidence that on Sept. 16, 2013, Horn unlawfully possessed a Bersa .380 caliber handgun and 10 rounds of ammunition for the gun. Horn was prohibited by federal law from possessing a firearm because of a felony conviction in 2004 in Sedgwick County District Court on a charge of aggravated battery.

Sentencing will be scheduled at a later date. He faces a maximum penalty of 10 years in federal prison and a fine up to $250,000 on each count. Grissom commended the Wichita Police Department and Assistant U.S. Attorney Mona Furst for their work on the case.

WICHITA, KAN. - A man from Crawford County, Kan., was arrested Tuesday on federal firearm charges, U.S. Attorney Barry Grissom said.

James D. Russian, 56, Pittsburg, Kan., is charged in U.S. District Court in Wichita with one count of unlawful possession of a firearm after a felony conviction, and one count of unlawful possession of ammunition after a felony conviction. The crimes are alleged to have occurred Nov. 27, 2013, in Crawford County.

The indictment alleges Russian unlawfully possessed a 9 mm handgun, 82 rounds of 9 mm ammunition and eighteen 20 gauge shotgun cartridges.

If convicted, he faces a maximum penalty of 10 years in federal prison and a fine up to $250,000 on the charge involving the handgun and a maximum penalty of five years and a fine up to $250,000 on the charge with the ammunition. The Crawford County Sheriff’s Office and the Bureau of Alcohol, Tobacco, Firearms and Explosives investigated. Assistant U.S. Attorney Alan Metzger is prosecuting.

KANSAS CITY, KAN. A Missouri man was sentenced Wednesday to 210 months in federal prison for two attempted bank robberies, including one in Anderson County, Kan., during which he exchanged shots with law enforcement officers, U.S. Attorney Barry Grissom said.

Daniel Lee Waddell, 29, Carthage, Mo., pleaded guilty to two counts of attempted bank robbery. In his plea, he admitted that on March 5, 2013, he and co-defendant Stephen Hudson drove to Kincaid, Kan., where they attempted to rob the Citizens State Bank at 201 North Commercial Street. Hudson parked the car near the bank. Waddell got out and pulled on the bank’s doors only to find them locked. Waddell returned to the car and the two drove away from the bank. When law enforcement officers pursued them, Waddell fired his gun at the officers before he and Hudson were taken into custody.

Waddell also admitted that on July 2, 2012, he entered the Corner Stone Bank in Langan, Mo., armed with an SKS Chinese rifle. He walked up to a teller window and shouted: You’ve got five seconds to do what I say.” Bank employees dropped to the floor behind bullet proof glass and activated an alarm. Waddell fled the bank and drove away with Hudson at the wheel.

Waddell also told investigators he obtained the guns used in the bank robberies while assisting in the tornado cleanup in Joplin in May 2011.

Co-defendant Stephen Hudson is awaiting sentencing.

Grissom commended the Kansas Bureau of Investigation, the Anderson County Sheriff’s Office, the FBI and Assistant U.S. Attorney Jabari Wamble for their work on the case.

TOPEKA, KAN. - A man from Crawford County, Kan., pleaded guilty Friday to receiving millions of dollars in refunds based on filing false federal tax returns, U.S. Attorney Barry Grissom said. In addition, the defendant agreed to an order of restitution of more than $4 million.

Jerold D. Fisher, 49, Arma, Kan., pleaded guilty to one count of filing a false federal tax return. In his plea, he admitted that from 2006 to 2009, while he was a registered agent for Fisher Alfalfa Farms, he prepared false federal tax returns both for himself and for his mother in order to receive tax refunds that were not owed to them.

In 2006, he started to test the tax system by filing false income tax returns claiming Fisher Alfalfa Farms had withheld taxes from his wages and paid them to the federal treasury. As a result, he fraudulently received a refund of $17,175. As he continued to fraudulently receive tax refunds without being detected, he increased the amount of his claims. By 2009, he fraudulently claimed withholding of more than $3.8 million on income of more than $8 million.

Sentencing is set for May 27. The parties have agreed to recommend a sentence of 36 months in federal prison. Grissom commended the Internal Revenue Service - Criminal Investigations Division and Assistant U.S. Attorney Rich Hathaway for their work on the case.

WICHITA, KAN. – A Wichita restaurant owner and his wife pleaded guilty Wednesday to harboring a Chinese girl who worked at their restaurant, United States Attorney Barry Grissom said.

The owner, Yong “Tony” Lin, 33, Wichita, Kan., pleaded guilty to harboring an alien unlawfully in the United States and his wife, Zhuo Mei “Mandy” Weng, 29, Wichita, Kan., pleaded guilty to hiding the crime. Both charges are federal felonies.

The pleas were entered Wednesday afternoon before U.S. District Judge J. Thomas Marten, who set both defendants for sentencing on May 7. As part of their guilty pleas, the couple agreed to forfeit about $8,000 in cash seized by Homeland Security agents investigating the case. The money will go to employees who are owed back wages.

In September 2013, the Exploited and Missing Child Unit (EMCU) received a report that a minor teenager from China was being housed with other restaurant workers at a west Wichita apartment complex and that she also was employed at the World Buffet Grill, 2243 N. Ridge Road. With the assistance of the Wichita Police Department and Homeland Security Investigations, EMCU confirmed the reports and was able to place the minor elsewhere.

“More cases like this are coming to light,” Grissom said, where employers seek to exploit workers even if they are minors not authorized to work in the U.S. “Employers who hire persons they know or should know are not authorized to work or who are using false documents should expect to face criminal prosecution.”

An indictment was filed in the case Sept. 11 alleging that Lin and Weng harbored and employed at least three restaurant employees they knew were unlawfully in the United States. They often paid the employees in cash, failed to follow wage and hour guidelines, and failed to maintain I-9 employment eligibility verification forms, according to the indictment.

Grissom commended the EMCU, the Wichita Police Department, Homeland Security Investigations and Assistant U.S. Attorney Brent Anderson for their work on the case.

KANSAS CITY, KAN. – A man who worked for the Garmin Company in Olathe, Kan., pleaded guilty Tuesday to stealing boxes of GPS devices from the company, U.S. Attorney Barry Grissom said.

Terrence M. Heathington, 31, formerly of Olathe and currently of Atlanta, Ga., pleaded guilty to one count of mail fraud. In his plea, he admitted that the crime was committed from March to September 2008 when he worked in Garmin International, Inc.’s warehouse in Olathe as a material handler. He shipped a large quantity of Garmin GPS devices to his personal address and the address of high school friends living in Atlanta. He and his friends sold the devices on eBay and to other individuals.

The thefts were discovered when a person who bought one of the stolen devices contacted the company. An audit revealed that boxes of GPS devices had been shipped to Heathington’s home in Ottawa and to addresses in Georgia, where Heathington had lived.

Sentencing will be set at a later date. He faces a maximum penalty of 20 years in federal prison and a fine up to $250,000. Grissom commended the Overland Park Police Department, the U.S. Secret Service and Assistant U.S. Attorney Chris Oakley for their work on the case.

KANSAS CITY, KAN. – U.S. Attorney Barry Grissom announced today that Foley Family Property Management, Inc., a California company, has agreed to pay $640,000 to the United States to settle allegations that the company submitted false claims to the U. S. Department of Housing and Urban Development in violation of the federal False Claims Act.

The company, formerly doing business as Alpha Property Management, Inc., operates apartment complexes in Kansas City, Kan., including Terrace Pointe Apartments at 641 S. 71st Terrace. The settlement resolves allegations the company submitted false claims to HUD’s Section 8 multi-family housing program for Terrace Point tenants from November 2005 through January 2011.  The government contended that the company submitted claims to HUD for foreign citizens who were not eligible for Section 8 assistance because they were not in the United States lawfully. A former assistant property manager at Terrace Point accepted counterfeit citizenship documents and falsely reported Section 8 eligibility in exchange for bribes from the tenants. Under the program, the HUD housing subsidy payments were made to the company.

In a separate case, the former assistant property manager, Mary Amador, and nine former tenants previously pleaded guilty to federal criminal charges.

The company denied the allegations and, according to the terms of the agreement, the company does not admit any wrongdoing.

“Today’s settlement demonstrates our continuing commitment to protect the integrity of federal programs. It is important that limited federal assistance resources be preserved for those who lawfully qualify and need them,” said U.S. Attorney Grissom.

“The settlement should send a strong message that the United States Department of Housing and Urban Development, Office of Inspector General, will aggressively investigate those who fail to exercise integrity in connection with HUD programs. Working in conjunction with the U.S. Attorney’s Office, we will use whatever means necessary - both civil and criminal - to isolate and punish individuals or companies that commit fraud against HUD’s programs and personally benefit from the fraud perpetrated at the expense of individuals qualified to receive housing assistance,” said David Barnes, Special Agent in Charge, HUD Office of Inspector General.

Grissom commended the U.S. Department of Housing and Urban Development, OIG; the Department of Justice Civil Frauds Section; and Assistant United States Attorney Jon Fleenor for their work on the case.

The claims resolved by the settlement are allegations only; there has been no determination of liability.

KANSAS CITY, KAN. A Wichita man was sentenced Monday to 40 months in prison on a federal gun charge, U.S. Attorney Barry Grissom said.

Johnathan R. Rush, 29, Wichita, Kan., pleaded guilty to one count of unlawful possession of a firearm after a felony conviction. In his plea, he admitted that on July 17, 2103, he and Brittny Adams-Humphrey drove to Lawrence, Kan. While in Lawrence, Rush was involved in a fight with two men. During a struggle, one of the men fell to the ground with a single gunshot wound.

Rush and Adams-Humphrey then drove to Topeka in her Pontiac Grand Am. During the trip, Adams-Humphrey threw several items out the window of the car, including a .45 caliber gun. The Shawnee County Sheriff’s Office stopped their car near 6th and Rice streets in Topeka. A deputy recovered the .45 caliber handgun about 100 yards from where the car was stopped. The gun was purchased by Rush two weeks before the incident. At the time, he was prohibited by federal law from possessing a firearm because of a 2005 felony conviction in Shawnee County District Court.

U.S. Attorney Barry Grissom prosecuted the case. He commended the Lawrence Police Department, the Shawnee County Sheriff’s Department and Special Assistant U.S. Attorney Trent Krug for their work on the case.

TOPEKA, KAN. A Salina man pleaded guilty Monday to a federal firearms charge, U.S. Attorney Barry Grissom said.

Kalun James Purucker, 22, Salina, Kan., pleaded guilty to one count of unlawful possession of a firearm. In his plea, he admitted that the Salina Police Department stopped a car in which he was a passenger on April 9, 2012. Police recovered a .380 caliber handgun and ammunition. At the time, Purucker was prohibited by federal law from possessing a firearm because of a prior felony conviction.

Sentencing is set for April 28. Both parties have agreed to recommend a sentence of between 37 and 46 months in federal prison. Grissom commended the Salina Police Department, the Bureau of Alcohol, Tobacco, Firearms and Explosives and Assistant U.S. Attorney Richard Hathaway for their work on the case.

KANSAS CITY, KAN. - The owners of a framing company in Spring Hill, Kan., were sentenced Wednesday to federal prison for harboring undocumented workers, U.S. Attorney Barry Grissom said.

James Humbert, 45, owner of Advantage Framing Systems, Inc., was sentenced to a year and a day in federal prison.
Kimberly Humbert, 47, wife of James Humbert and co-owner of company, was sentenced to a year and a day in federal prison
Charles Stevens II, 51, brother of Kim Humbert and part-owner of the company, was sentenced to a year and a day in federal prison.

The company provided local builders and contractors with engineered floor, pre-built wall panel, and roof truss systems, along with onsite framing erection labor.

Each of the three defendants pleaded guilty to one count of conspiracy to harbor illegal aliens for commercial advantage. In their pleas, they admitted:

• In March 2012, the U.S. Department of Homeland Security and the Internal Revenue Service received information that the owners of company engaged foreign citizens who were not lawfully present in the United States.
• To pay undocumented workers who were members of framing crews, the defendants devised a method of payment requiring crew leaders to obtain insurance. The company paid the crew leaders, who were responsible for paying the undocumented workers on their crews.
• The company paid approximately $4.6 million to framing crews while the defendants were aware that some of the crew leaders and their crew members were not lawfully present in the United States.

Grissom commended the U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI), the Internal Revenue Service and Assistant U.S. Attorney Jabari Wamble for their work on the case.

WICHITA, KAN. A former city clerk for the city of Havana, Kan., pleaded guilty Wednesday to embezzling funds from the city and from her church, U.S. Attorney Barry Grissom said. She agreed to pay restitution of approximately $14,658 to the city of Havana and $44,568 to Cross Point Baptist Church.

Diana L. Cox, 67, Havana, Kan., pleaded guilty to one count of bank fraud and one count of wire fraud.

In her plea, she admitted embezzling $14,658 from the city of Havana while she was working as city clerk. On Aug. 18, 2011, she presented documents to the Arvest Bank in Caney, Kan., falsely stating that the Havana City Council had voted to change its policy to require only one signature on checks written for city business.

She also admitted that while she was treasurer of the Cross Point Baptist Church she devised a scheme to defraud the church of approximately $44,568. On Dec. 30, 2011, she caused the church to electronically transfer approximately $2,536 to Vanderbilt Mortgage and Finance to make a mortgage payment due on her daughter’s home.

Sentencing is set for April 16. She faces a maximum penalty of 30 years and a fine up to $1 million on the bank fraud count, and a maximum penalty of 20 years and a fine up to $250,000 on the wire fraud count.

Grissom commended the FBI and Assistant U.S. Attorney Mona Furst for their work on the case.

TOPEKA, KAN. – A Mayetta, Kan., man pleaded guilty Monday to a federal charge arising from a domestic assault that took place on tribal lands, U.S. Attorney Barry Grissom said.

William L. Wilson, 28, Mayetta, Kan., pleaded guilty to one count of domestic assault by an habitual offender. In his plea, he admitted that on Sept. 7, 2013, he assaulted the woman with whom he was living on the reservation of the Prairie Band Potawatomi Nation in Jackson County, Kan. He admitted hitting and chocking her, resulting in physical injuries. Prior to that time, Wilson had been convicted on three separate occasions of domestic assault offenses.

“Protecting women and girls in Indian Country is a high priority for our office,” said U.S. Attorney Barry Grissom.

Sentencing is set for April 14. Both parties have agreed to recommend a sentence of between 24 and 40 months in federal prison. Grissom commended the Prairie Band Potawatomi Tribal Police Department and Assistant U.S. Attorney Alan Metzger.

WICHITA, KAN. - A member of a Dodge City street gang was sentenced Monday to 10 years in federal prison, U.S. Attorney Barry Grissom said.

Russell Worthey, 25, Dodge City, Kan., pleaded guilty to one count of conspiracy to commit racketeering and one count of possessing and discharging a firearm in a crime of violence. In his plea, Worthey admitted he was a member of the Norteno street gang when he was involved in the murder of Israel Peralta on June 8, 2009, in Dodge City. Worthey aided and abetted in the murder as well as an assault with deadly weapons upon the victims.

On the day of the murder, Worthey and co-defendant Anthony Wright were driving around Dodge City in Wright’s car. In a trailer park in the south part of town they ran across a group of Hispanic males at 201 E. McArtor, Lot 24. The males appeared to be members of a rival gang, the Surenos.

Later that day, Worthey, Wright and two other Nortenos went to the trailer park. Worthey was in the front passenger seat and Wright was driving. Two other Nortenos were riding in the back seat. When Wright parked the car, the two Nortenos in the back seat got out and ran toward the Hispanic males at Lot 24, with Worthey and Wright following. The two Nortenos in the lead fired at the men at Lot 24. Israel Peralta was struck several times by the gunfire and died from the injuries. Mariano Sorano also was struck by gunfire. The four Nortenos got back in their car and drove away from the scene.

In his plea, Worthey admitted that as a member of the Nortenos he was part of an ongoing criminal enterprise. The gang used murder, robbery, assault and the threat of violence to protect and expand its operations. He was one of 23 defendants indicted in May 2012 under a federal law called the RICO Act (Racketeering Influenced and Corrupt Organizations Act.

Co-defendant Anthony Wright is set for sentencing Feb. 10.

Grissom commended the Dodge City Police Department, the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Ford County Sheriff's Office, the Kansas Bureau of Investigation, the Ford County Attorney’s Office, Assistant U.S. Attorney Lanny Welch and Assistant U.S. Attorney Aaron Smith for their work on the case.

TOPEKA, KAN. - The former treasurer of the Mayetta Rural Fire District #1 pleaded guilty Monday to embezzling from the district, U.S. Attorney Barry Grissom said. In his plea, the defendant agreed to an order that he pay $427,042 in restitution.

Richard P. Bontrager, 67, Holton, Kan., pleaded guilty to one count of embezzlement. In his plea, he admitted that in 2008 he began embezzling from the fire district by issuing checks with the forged signatures of members of the board of the fire district. The checks were made payable to R & S Services, a fictitious entity Bontrager created so he could deposit the fraudulent checks into his own account at Denison State Bank. From 2008 to 2012 he made approximately $427,042 in unauthorized transfers from the fire district’s accounts.

In addition, without the knowledge of the board of the fire district he falsified loan documents to obligate the fire district to monthly lease payments on a Polaris Ranger UTV and a 1988 Chevrolet 1-ton brush truck. He created false board minutes to make it appear the board had approved the lease payments.

Sentencing is set for April 14. He faces a maximum penalty of 10 years in federal prison and a fine up to $250,000. The Jackson County Sheriff’s Office and the FBI investigated. Assistant U.S. Attorney Richard Hathaway is prosecuting.

KANSAS CITY, KAN. - A man from Mexico was indicted in federal court here Wednesday on charges of possessing 15 pounds of methamphetamine, U.S. Attorney Barry Grissom said.

Guillermo Fernandez-Vera, 38, a citizen of Mexico, is charged with one count of possession with intent to distribute methamphetamine. Fernandez-Vera initially was charged in December in a criminal complaint filed in U.S. District Court in Kansas City, Kan. An affidavit filed in support of the complaint alleges that the investigation began when the Drug Enforcement Administration received information that a man driving a Toyota Tacoma with Mexican license plates could be found at the Drury Inn in Merriam with approximately 15 pounds of methamphetamine. When investigators stopped Fernandez-Vera’s car on Dec. 26, 2013, they found the methamphetamine in seven large rectangular packages hidden inside the seat-backs of the rear truck seats of the vehicle.

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

OTHER INDICTMENTS

Patrick C. Hains, 38, Wichita, Kan.; Wyatt Leedy, 35, Wichita, Kan.; and Jose Ramon Monelongo-Castrejon, 28, Wichita, Kan., are charged with conspiring to sell a pound of methamphetamine to an undercover investigator for $20,000.

The three men are charged with one count of conspiracy to distribute methamphetamine. In addition, Hains is charged with four counts of possessing a firearm in furtherance of drug trafficking. The crimes are alleged to have occurred Jan. 14, 2014, in Sedgwick County, Kan.

The men initially were charged in a criminal complaint filed Jan. 16 in U.S. District Court in Wichita. An affidavit in support of the complaint alleges investigators agreed to pay Hains $20,000 for a pound of methamphetamine. Hains was arrested Jan. 14, 2014, at Pelican Point apartments in Wichita when he attempted to make the sale.

Upon conviction, the conspiracy charge carries a penalty of not less than five years and not more than 40 years in federal prison and a fine up to $5 million. The firearms charges carry a mandatory penalty of five years --  consecutive to the sentence on the drug charge -- and a fine up to $250,000. The Wichita Police Department investigated. Assistant U.S. Attorney Jason Hart is prosecuting.

Faustino Soto, 41, who is being held in the Shawnee County Jail, is charged with one count of possession with intent to distribute methamphetamine, one count of unlawful possession of a firearm in furtherance of drug trafficking, and one count of unlawful possession of a firearm by a user of controlled substances. The crimes are alleged to have occurred Jan. 13, 2014, in Shawnee County, Kan.

If convicted, he faces a maximum penalty of 20 years in federal prison and a fine up to $1 million on the charge of possession with intent to distribute methamphetamine, not less than five years and a fine up to $250,000 on the charge of unlawful possession of a firearm in furtherance of drug trafficking, 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, the Topeka Police Department and the Kansas Bureau of Investigation Task Force investigated. Assistant U.S. Attorney Randy Hendershot is prosecuting.

Lioncio Borjas-Madrid, 25, Kansas City, Kan., and Luis Borjas-Madrid, 20, Kansas City, Kan., are charged in an indictment.

Lioncio Borjas-Madrid is charged with one count of possession with intent to distribute methamphetamine, one count of unlawful possession of a firearm by a person who is unlawfully in the United States and one count of unlawfully re-entering the United States after being deported.

 Luis Borjas-Madrid is charged with one count of unlawful possession of a firearm by a person who is unlawfully in the United States and one count of unlawfully re-entering the United States after being deported.

Upon conviction, the crimes carry the following penalties: Possession with intent to distribute methamphetamine: A maximum penalty of 20 years and a fine up to $1 million.
Possession of a firearm by a person not lawfully in the United States: A maximum penalty of 10 years and a fine up to $250,000.
Unlawfully re-entering the United States after being deported: A maximum penalty of two years and a fine up to $250,000.

ICE-DHS 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 Wabaunsee County woman was sentenced today to 60 days in federal prison for embezzling from the Bio-Security Research Institute at Kansas State University, U.S. Attorney Barry Grissom said. In addition, she was ordered to pay $14,000 in restitution.

Linda Kay Miller, 51, Alma, Kan., pleaded guilty to three counts of interstate transportation of fraudulently altered securities. In her plea, she admitted the crimes took place while she worked as an office manager for the institute from August 2007 to January 2013. The institute receives grant money from the federal government to provide infectious disease research programs that address threats to plant, animal and human health.

Miller used her position to embezzle funds by diverting checks sent to the institute. She altered the checks to make herself either a payee or co-payee and deposited the proceeds into one of her personal bank accounts. The proceeds moved in interstate commerce as part of a process to clear and negotiate the checks. The plea identifies three checks Miller diverted: A check from the FSU Research Foundation in Tallahassee, Fla.; a check from the Frontline Healthcare Workers Safety Foundation in Atlanta, Ga.; and a check from J.M. Oconnor Inc., in Lenexa, Kan.

Grissom commended the FBI, the Kansas State University Police Department, the Wabaunsee County Sheriff’s Office and Assistant U.S. Attorney Richard Hathaway for their work on the case.

TOPEKA, KAN. - A Topeka man was sentenced today to 27 months in federal prison for a firearms violation, U.S. Attorney Barry Grissom said.

Jason Beckwith, 26, Topeka, Kan., pleaded guilty to one count of unlawful possession of a firearm after a felony conviction. In his plea, Beckwith admitted that he possessed a .22 caliber revolver on July 11, 2013, when he was arrested at 619 SW Taylor in Topeka. He was prohibited by federal law from possessing a firearm because of a prior felony conviction in Shawnee County District Court in 2009 on a forgery charge.

Grissom commended the Topeka Police Department and Assistant U.S. Attorney Tony Mattivi for their work on the case.

WICHITA, KAN. A Lawrence man was charged today with robbing a bank in Wichita, U.S. Attorney Barry Grissom said.

Matthew Greenlee, 25, Lawrence, Kan., was charged with one count of bank robbery. An affidavit filed in support of the criminal complaint alleged that at about 3:45 p.m. on Jan. 16 Greenlee robbed the Bank of America at 7310 W. 21st in Wichita. He gave the teller a note saying to put the money in his bag. The note ended with, “thxs and plz.” He took the money and left the bank.

Less than two hours later, while investigators were still processing the crime scene, Greenlee returned to the bank with his father and surrendered to them.

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

WICHITA, KAN. A Kechi man was charged today with distributing child pornography, mainly from his computer at work, U.S. Attorney Barry Grissom said.

Jaime Menchaca, 33, Kechi, Kan., was charged in a criminal complaint filed in U.S. District Court in Wichita with one count of distributing child pornography and one count of possessing child pornography.

An affidavit filed in support of the complaint alleged the investigation began in September when agents of Homeland Security Investigations (HSI) served a search warrant at the residence of a man in Pevely, Mo. They found evidence the man had received child pornography from IP addresses they traced to Highland Dairy in Wichita and Menchaca’s home in Kechi. Investigators determined Menchaca was a manager at the dairy.

On Jan. 11, 2014, investigators took a trained computer forensic analyst with the Kansas Internet Crimes Against Children Task Force (KS ICAC) to the dairy and made a copy of the company computer used by Menchaca.  They also obtained a thumb drive from Menchaca. The thumb drive contained images of children as young as six years old engaged in sexual acts. Investigators determined Menchaca had been using the Internet to trade child exploitation materials through a photo-sharing site. He primarily conducted this activity from his computer at work but also checked his emails from his home.

If convicted, he faces a penalty of not less than five years and not more than 20 years in federal prison and a fine up to $250,000 on the distribution count, and a maximum penalty of 10 years and a fine up to $250,000 on the possession count. Homeland Security Investigations (HSI), the Wichita Police Department, and the Kansas Internet Crimes Against Children Task Force investigated. Assistant U.S. Attorney Jason Hart is prosecuting.

KANSAS CITY, KAN. An Ottawa man was sentenced Wednesday to 15 years in federal prison for trafficking in methamphetamine.

James New, 47, Ottawa, Kan., pleaded guilty to one count of conspiracy to distribute methamphetamine. In his plea, he admitted that from December 2010 to March 21, 2012, he and others conspired to distribute methamphetamine in Franklin County, Kan. When law enforcement officers stopped his car on March 21, 2012, they seized methamphetamine, scales, plastic baggies and more than $22,000 in cash. Investigators learned that New was spending $10,000 for 10 ounces of methamphetamine twice a week and distributing to customers in Franklin County.

Co-defendants include: Jessica Blackstone, who was sentenced to 116 months in federal prison.
Nicholas Griffin, who was sentenced to 75 months.

Grissom commended the Franklin County Drug Enforcement Unit and Assistant U.S. Attorney Sheri McCracken for their work on the case.

TOPEKA, KAN. A Manhattan, Kan., physician pleaded guilty today to unlawfully prescribing prescription drugs, U.S. Attorney Barry Grissom said.

Michael P. Schuster, 54, Manhattan, Kan., pleaded guilty to one count of conspiracy to distribute controlled substances.

In his plea, Schuster admitted the crime occurred from April 2007 to Aug. 2012, while he was doing business as Manhattan Pain and Spine at 1135 Westport Drive in Manhattan. To carry out daily operations at his clinic he employed up to 12 office staff members at a time, none of whom had lawful authority to distribute controlled substances. He directed and allowed staff members to distribute controlled substances to his patients using blank prescription pads he had signed in advance.

Investigators documented approximately 540 patients who received prescriptions for controlled substances while Schuster was out of his office, including times when he was traveling to Canada, Russia, South Africa, Uruguay, New York, Argentina, Chile, Paraguay, Brazil and Israel.

Sentencing is set for April 7. Both parties have agreed to recommend a sentence of five years in federal prison, restitution of $100,772 and a fine of $25,000. He also has agreed to forfeit his clinic building at 1135 Westport Drive, a 2012 Ford pickup and more than $11,000 contained in two bank accounts. In addition, he agreed to a forfeiture money judgment of $400,000.

In addition, Schuster also agrees to surrender his medical license, not to re-apply for a medical license in Kansas, to surrender his DEA registration number for prescribing controlled substances and not to re-apply for a DEA registration number.

According to court documents, the investigation began early in 2012 when the Riley County Police Department received reports that Schuster was issuing prescriptions for high dosages of scheduled drugs based on minimal or cursory physical examinations.

Grissom commended the Riley County Police Department; the FBI; the Department of Defense, Criminal Investigative Service (DCIS); the Department of Health and Human Services, Office of Inspector General (HHS-OIG); the Drug Enforcement Administration (DEA); the Department of Homeland Security - Homeland Security Investigations (DHS-HSI); the Diplomatic Security Service (DSS), Assistant U.S. Attorney Tanya Treadway, Assistant U.S. Attorney Jared Maag, and Special Assistant U.S. Attorney Robin Graham for their work on the case.

KANSAS CITY, KAN. A Johnson County woman was sentenced Wednesday to five years in federal prison in connection with the death of a 20-year-old man who died from a prescription drug overdose, U.S. Attorney Barry Grissom said.

Stacy Ashley, 37, Edgerton, Kan., pleaded guilty to one count of distributing oxymorphone, a prescription painkiller.

In her plea, she admitted that on July 30, 2011, she distributed oxymorphone and amphetamine to the victim, resulting in his death. The victim also obtained oxycodone, morphine and alprazolam from co-defendant Tammy Redel. He crushed up several pills obtained from the two women and snorted the drugs. He drifted in and out of consciousness throughout the evening before police and emergency medical personnel were called.

Co-defendant Tammy Redel is awaiting sentencing.

Grissom commended the Garnett Police Department, the Kansas Bureau of Investigation and Assistant U.S. Attorney Sheri McCracken for their work on the case.

TOPEKA, KAN. - A Topeka man was charged in federal court today with drug trafficking and firearms violations, U.S. Attorney Barry Grissom said.

Faustino Soto, 41, Topeka, is charged with one count of possession with intent to distribute methamphetamine, one count of unlawful possession of a firearm in furtherance of drug trafficking and one count of unlawful possession of a firearm by a user of controlled substances.

A criminal complaint filed in U.S. District Court in Topeka alleges that on Jan. 13 the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Kansas Bureau of Investigation, the Topeka Police Department and the Shawnee County Sheriff’s Office executed a state search warrant at Faustino’s residence at 117 SE Rice Road in Topeka. They seized firearms, cash and methamphetamine.

If convicted, he faces a maximum penalty of 20 years in federal prison and a fine up to $1 million on the methamphetamine charge, a penalty of not less than five years and a fine up to $250,000 on the charge of unlawful possession of a firearm in furtherance of drug trafficking, and a maximum penalty of 10 years and a fine up to $250,000 on the charge of unlawful possession of a firearm by a user of controlled substances.

The Bureau of Alcohol, Tobacco, Firearms and Explosives, the Kansas Bureau of Investigation, the Topeka Police Department and the Shawnee County Sheriff’s Office investigated. Assistant U.S. Attorney Randy Hendershot is prosecuting.

TOPEKA, KAN. - A man who was arrested after wrecking a car while fleeing from police was indicted today on a federal firearms charge, U.S. Attorney Barry Grissom said.

Justin R. Shumway, 31, Topeka, Kan., is charged with one count of unlawful possession of a firearm after a felony conviction. The indictment alleges Shumway possessed a 9 mm pistol on Dec. 16, 2013, in Topeka. He was prohibited under federal law from possessing a firearm because of prior felony convictions for aggravated battery, attempted battery against a correctional officer, forgery and burglary.

The Topeka Police Department reported arresting Shumway after he fled from officers and wrecked a car near Willow and Broadmoor.

If convicted, Shumway faces a maximum penalty of 10 years in federal prison and a fine up to $250,000. The Topeka Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives investigated. Assistant U.S. Attorney Mike Warner is prosecuting.

OTHER INDICTMENTS

Jamie L. Herron, 34, Wichita, Kan.; Cory L. Poulter, 37, Halstead, Kan.; Roy L. Scott, 47, Sedgwick, Kan.; and Susan M. Henks, 60, LaCrosse, Kan., are charged with drug trafficking.

Herron is charged with one count of possession with intent to distribute methamphetamine, eight counts of distributing methamphetamine and one count of possession of methamphetamine.
Poulter is charged with one count of possession with intent to distribute methamphetamine and four counts of distributing methamphetamine.
Scott is charged with six counts of distributing methamphetamine.
Henks is charged with one count of possession with intent to distribute methamphetamine.

Upon conviction, the crimes carry the following penalties: Possession with intent to distribute methamphetamine: not less than five years and not more than 40 years in federal prison and a fine up to $2 million.
Distributing methamphetamine: A maximum penalty of 20 years and a fine up to $1 million.
Possession of methamphetamine: A maximum penalty of one year and a fine up to $100,000.

The Rush County Sheriff’s Office, the Newton Police Department, the Kansas Bureau of Investigation and the Wichita Police Department 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.

WICHITA, KAN. - A former city clerk for the city of Havana, Kan., was charged Monday with embezzling funds from the city and her church, U.S. Attorney Barry Grissom said.

Diana L. Cox, 67, Havana, Kan., was charged with one count of bank fraud and one count of wire fraud. A criminal information filed in U.S. District Court in Wichita alleges Cox stole approximately $14,658 from the city of Havana in August 2011 while she was city clerk. The thefts took place after she falsely reported to Arvest Bank in Caney, Kan., that the city had changed its policy to require only one signature on checks written for city business. The charges also allege she devised a scheme to steal more than $44,568 from Cross Point Baptist Church in Caney, Kan. She transferred money from church’s accounts to make her daughter’s mortgage payment.

If convicted, she faces a maximum penalty of 30 years in federal prison and a fine up to $1 million on the bank fraud charge, and a maximum penalty of 20 years and a fine up to $250,000 on the wire fraud count. The FBI investigated. Assistant U.S. Attorney Mona Furst is prosecuting.

KANSAS CITY, KAN. - A Kansas City, Kan., man was sentenced Monday to 25 years in federal prison on charges arising from an armed robbery and carjacking, U.S. Attorney Barry Grissom said.

Derrick L. Freeman, 28, Kansas City, Kan., pleaded guilty to one count of armed robbery, one count of carjacking, and one count of unlawful possession of a firearm after a felony conviction.

In his plea, Freeman admitted that on May 12, 2013, he and his co-defendants went to the home of a Kansas City, Kan., man to buy some synthetic marijuana. Once there, they robbed the man at gunpoint. During the robbery, Freeman fired a handgun and then fled the scene before police arrived.

On May 26, 2013, Freeman and co-defendants walked to a Stop Shop gas station at 6865 State Avenue in Kansas City, Kan., where Freeman suggested they “get a car.” They robbed the driver of a 2004 Ford Freestar minivan of wallet and keys and drove away in the victim’s minivan. When the defendants realized officers had spotted their vehicle they led police on a 17-minute chase at speeds up to 112 miles per hour. The minivan wrecked in a plowed field near Leavenworth Road and North 184th Street in Basehor, Kan., where the defendants fled on foot. Derrick Freeman fired a handgun at a law enforcement officer before being arrested.

Co-defendants include: Anthony L. Irvin, 19, Kansas City, Kan., who was sentenced to 207 months.
Terry D. Tillman, 26, Kansas City, Kan., who was sentenced to 10 years.
Joe Freeman, 33, Kansas City, Kan., who is awaiting trial.
Jeffrey B. Jackson, 47, Leavenworth, Kan., who is awaiting trial.

Grissom commended the Kansas City, Kan., Police Department, the Wyandotte County Sheriff’s Department, the Kansas Highway Patrol, the Basehor Police Department, the Edwardsville Police Department, the Bonner Springs Police Department, the Leavenworth County Sheriff’s Department and Special Assistant U.S. Attorneys Erin Tomasic and Trent Krug 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.

WICHITA, KAN. – A Dodge City gang member was sentenced Monday to 10 years for conspiring to attempt to kill a rival gang member, U.S. Attorney Barry Grissom said.

 Jesus Sanchez, 23, Dodge City, Kan., pleaded guilty to one count of conspiracy to commit acts of racketeering.

In his plea, Sanchez admitted he was a member of the Diablos Viejos and affiliated with the Norteno street gang on March 30, 2011, when he attempted to shoot and kill George Gonzalez, a member of the rival Sureno gang. Sanchez and other Norteno gang members encountered Gonzalez at the east Love’s convenience store in Dodge City. They exchanged gang signs and slurs with the victim before driving away from the store. Later, they returned and pursued Gonzalez. Near 1602 6th Avenue, Gonzalez got out of the car in which he was riding and ran up the alley toward his girlfriend’s house. As Gonzalez ran, Sanchez fired at least two shots at him from a .40 caliber handgun. The shots struck a fence.

Sanchez also admitted that on July 2, 2008, in Dodge City he and another gang member robbed a victim named Bryant Licon at knifepoint.

Sanchez admitted that Nortenos engaged in violence including assaults and robberies as a means of advancing their positions in the organization and building the gang’s reputation.

Sanchez is one of 22 Norteno gang members who have been convicted on charges contained in a federal indictment filed May 2012. It was only the second time a federal RICO Act indictment (Racketeer Influenced and Corrupt Organizations Act) has been filed in Kansas.

Grissom commended the Dodge City Police Department, the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Ford County Sheriff’s Office, the Kansas Bureau of Investigation, the Ford County Attorney’s Office, Assistant U.S. Attorney Lanny Welch and Assistant U.S. Attorney Aaron Smith for their work on the case.

TOPEKA, KAN. A former Marshall County insurance agent was sentenced Monday to 21 months in federal prison for stealing customers' premiums, U.S. Attorney Barry Grissom said. In addition, she was ordered to pay $160,000 in restitution.

Monica Smart, 49, Frankfort, Kan., pleaded guilty to one count of mail fraud. In her plea, she admitted the crime occurred from January 2009 to Aug. 27, 2010, while she worked for United Insurance, a small insurance company located in Marysville, Kan.

Smart changed United customers’ mailing addresses so that the customers would not receive policy statements and notices. She also changed United customers' premium payment schedules from annual and semi-annual payments to monthly payments. She continued to collect the full annual and semi-annual payments from the customers and deposited those payments into a bank account she controlled. Then she paid only the amounts due for a monthly payment. She used the difference to pay her personal expenses, much like an interest-free loan.

When Smart’s scheme unraveled, policy holders were made whole, but the owners of the insurance company were not.

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

TOPEKA, KAN. - A Topeka man pleaded guilty Friday to robbing a Topeka bank, U.S. Attorney Barry Grissom said today.

Cade Michael Sharples, 37, Topeka, Kan., pleaded guilty in U.S. District Court in Topeka to one count of bank robbery.

In his plea, he admitted that on Sept. 17, 2013, he robbed the Kaw Valley Bank at 3000 SE Croco Road in Topeka. Sharples gave the teller a letter saying, “I’m here to rob you. I have a gun. Do as I say and you won’t get hurt.” He left the bank with the money and walked to his car, which was parked in a stall at a carwash nearby. Police released surveillance video from the robbery and received tips leading them to Sharples. He was arrested in Council Bluffs, Iowa.

Sentencing is set for March 31. He faces a maximum penalty of 20 years in federal prison and a fine up to $250,000. Grissom commended the Topeka Police Department, the FBI and Assistant U.S. Attorney Jared Maag for their work on the case.

TOPEKA, KAN. - The former executive director of the housing authority in Linn, Kan., pleaded guilty Friday to a federal theft charge, U.S. Attorney Barry Grissom said.

Debra L. Savage, 53, Linn, Kan., pleaded guilty to one count of theft from a federal program. In her plea, she admitted that between Dec. 3, 2009, and Dec. 1, 2012, she used a credit card issued to the Linn Housing Authority for personal expenses totaling more than $7,652.

Sentencing is set for April 4. She faces a maximum penalty of 10 years in federal prison and a fine up to $250,000. Grissom commended the U.S. Department of Housing and Urban Development, Office of Inspector General, the FBI and Assistant U.S. Attorney Christine Kenney for their work on the case.

KANSAS CITY, KAN. - U.S. Attorney Barry Grissom announced today that the District of Kansas collected $12.1 million in criminal and civil actions in Fiscal Year 2013. Of this amount, $6.1 million was collected in criminal actions and $6 million was collected in civil actions

Additionally, the District of Kansas worked with other U.S. Attorney’s Offices and components of the Department of Justice to collect an additional 2.8 million in cases pursued jointly with these offices in civil actions.         

Attorney General Eric Holder announced on Thursday that the Justice Department collected more than $8 billion in civil and criminal actions in the fiscal year ending Sept. 30, 2013. The more than $8 billion in collections in FY 2013 represents nearly three times the appropriated $2.76 billion budget for the 94 U.S. Attorney’s offices and the main litigating divisions in that same period.

“In Kansas, we are fighting to recover funds for victims of federal crimes and the federal treasury,” said U.S. Attorney Barry Grissom. “We are holding accountable offenders who try to make a profit from violating the law.”

“The Department’s enforcement actions help to not only ensure justice is served, but also deliver a valuable return to the taxpayer,” said Attorney General Holder. “It is critical that Congress provide the resources necessary to match the Department’s mounting caseload. As these figures show, supporting our federal prosecutors is a sound investment.”

For example: In Fiscal Year 2013, the District of Kansas collected more than $853,000 in U.S. v. Hutchinson Regional Medical Center, Inc., as a result of a settlement reached for allegations that the hospital submitted false claims to the Medicare Program. In addition, more than $1.7 million was collected in U.S. v. Coffeyville Resources Refining & Marketing and more than $1.6 million in U.S. v. Ash Grove Cement, both amounts representing civil penalties in violation of the Environmental Protection Act.

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

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

          Additionally, the U.S. Attorney’s office in District of Kansas working with partner agencies and divisions, collectedmore than $5.2 millionin asset forfeiture actions in FY 2013.Forfeited assets are deposited into the Department of Justice Assets Forfeiture Fund and are used to restore funds to crime victims and for a variety of law enforcement purposes.

KANSAS CITY, KAN. – Kansas ranked third in the nation in fiscal year 2013 in the number of federal firearms cases prosecuted, U.S. Attorney Barry Grissom said today.

Justice Department statistics show that among the 94 judicial districts nationwide only the District of Puerto Rico and the Western District of Missouri filed more federal firearms cases is FY 2013.

“Fighting gun violence and protecting the safety of our law enforcement officers are two of our top priorities,” Grissom said.

In FY 2013, Grissom’s office filed a total of 298 firearms cases, compared to 291 cases in FY 2012, when the District of Kansas also ranked third in the nation. In FY 2011, the District of Kansas ranked first in the nation with a total of 279 firearms cases filed.

Justice Department statistics show that in FY 2013 the District of Puerto Rico filed 349 firearms cases and the Western District of Missouri filed 299 firearms cases.

The totals include charges filed under federal statutes 18 U.S.C. 922 and 924, which prohibit convicted felons from possessing firearms and make it a federal crime to possess firearms in furtherance of drug trafficking or crimes of violence.

WASHINGTON – CareFusion Corp. has agreed to pay the government $40.1 million to settle allegations that it violated the False Claims Act by paying kickbacks and promoting its products for uses that were not approved by the Food and Drug Administration, the Justice Department announced today.  CareFusion, a California-based medical technology company, develops, manufactures and sells pharmaceutical products, including products sold under the trade name ChloraPrep.

“When companies pay kickbacks to doctors, especially doctors involved in setting standards for the health care industry, they undermine the integrity of the health care system,” said Assistant Attorney General for the Justice Department’s Civil Division Stuart F. Delery.  “Corrupting the standard-setting process through kickbacks can affect the health care treatment choices that doctors and hospitals may make for patients.”   

 The settlement resolves allegations that, under agreements entered into in 2008 by Carefusion’s predecessor, CareFusion paid $11.6 million in kickbacks to Dr. Charles Denham while Denham served as the co-chair of the Safe Practices Committee at the National Quality Forum, a non-profit organization that reviews, endorses and recommends standardized health care performance measures and practices.  The government contends that the purpose of those payments was to induce Denham to recommend, promote and arrange for the purchase of ChloraPrep by health care providers.  ChloraPrep has been approved by the Food and Drug Administration for the preparation of a patient’s skin prior to surgery or injection. 

 This settlement also resolves allegations that, during the period between September 2009 and August 2011, CareFusion knowingly promoted the sale of ChloraPrep for uses that were not approved by the Food and Drug Administration, some of which were not medically accepted indications, and made unsubstantiated representations about the appropriate uses of ChloraPrep.

“Health care fraud drives up the cost of health care and jeopardizes the strength of our health care system,” said U.S. Attorney for the District of Kansas Barry Grissom.  “This case demonstrates that our fight against health care fraud is helping to protect all Americans, including the elderly, the disabled and the most vulnerable among us.”

The settlement resolves a lawsuit filed by Dr. Cynthia Kirk, a former vice president of regulatory affairs for the Infection Prevention Business Unit of CareFusion, under the qui tam, or whistleblower, provisions of the False Claims Act, which allow private citizens with knowledge of false claims to file suit on behalf of the government and to share in any recovery.  The whistleblower’s, or relator’s, share in this case is $3.26 million. 

This settlement illustrates the government’s emphasis on combating health care fraud and marks another achievement for the Health Care Fraud Prevention and Enforcement Action Team (HEAT) initiative, which was announced in May 2009 by Attorney General Eric Holder and Health and Human Services Secretary Kathleen Sebelius.  The partnership between the two departments has focused efforts to reduce and prevent Medicare and Medicaid financial fraud through enhanced cooperation.  One of the most powerful tools in this effort is the False Claims Act.  Since January 2009, the Justice Department has recovered a total of more than $17 billion through False Claims Act cases, with more than $12.2 billion of that amount recovered in cases involving fraud against federal health care programs.

 The settlement with CareFusion was the result of a coordinated effort among the Commercial Litigation Branch of the Justice Department’s Civil Division, the U.S. Attorney’s Office for the District of Kansas, the U.S. Department of Health and Human Services Office of Inspector General and the Food and Drug Administration Office of the Chief Counsel. 

The lawsuit is captioned United States ex rel. Kirk v. CareFusion et al., No. 10-2492 (D. Kan.)  The claims resolved by the settlement are allegations only; there has been no determination of liability.

IF YOU HAVE QUESTIONS, PLEASE CALL THE OFFICE OF PUBLIC AFFAIRS AT 202-514-2007.

KANSAS CITY, KAN. - A Kansas City, Kan., man pleaded guilty today to robbing a credit union, U.S. Attorney Barry Grissom said.

John Noon, 65, Kansas City, Kan., pleaded guilty to one count of armed bank robbery. In his plea, he admitted that on May 4, 2013, he robbed the Community America Credit Union at 10824 Parallel Parkway in Kansas City, Kan. At today’s hearing, prosecutors told the judge Noon gave a teller a note demanding money and stating he had a gun he would use. He brandished a firearm before fleeing the bank. After investigators released video surveillance photos from the robbery, they received tips leading to Noon. 

Sentencing will be set for a later date. He faces a maximum penalty of 25 years in federal prison and a fine up to $250,000. Grissom commended the FBI, the Kansas City, Kan., Police Department, law enforcement officers in St. Joseph, Mo., and Assistant U.S. Attorney Scott Rask for their work on the case.

WICHITA, KAN. – A fourth former bank employee has pleaded guilty to embezzling from a bank in Grant County, Kan., U.S. Attorney Barry Grissom said today.

Hattie Wiginton, 33, Ulysses, Kan., pleaded guilty Monday to one count of theft from a bank. In her plea, she admitted she stole from Western State Bank in Ulysses, Kan., while she worked there from 2008 to 2010.

Beginning in 2008, Wiginton aided and abetted co-defendants Ashley Cravens and Amber Gutierrez to steal from the bank. Together they stole an amount up to $84,200 from the bank by making deposits into each other’s bank accounts that were false. The shortage was covered by falsely representing the balance in the vault of the bank.

On July 24, 2010, Wiginton took part in a staged bank robbery with Cravens and Gutierrez. Wiginton pretended to be the victim of the robbery while Cravens acted the part of the bank robber. The purpose of the staged robbery was to cover up the shortage of cash in the bank vault.

Wiginton is set for sentencing March 24. She faces a maximum penalty of 10 years in federal prison and a fine up to $250,000.

Co-defendants are: Amber Gutierrez, 32, Ulysses, Kan., who is set for sentencing Feb. 3.
Ashley Cravens, 29, Ulysses, Kan., who is set for sentencing Feb. 7.
Linda Wise, 60, Ulysses, Kan., who is set for sentencing Feb. 24.

Grissom commended the FBI, the Kansas Bureau of Investigation, the Grant County Sheriff’s Office, the Ulysses Police Department and Assistant U.S. Attorney Aaron Smith for their work on the case.

WICHITA, KAN. - Four members of a Dodge City street gang were sentenced and another pleaded guilty Monday in a federal racketeering case, U.S. Attorney Barry Grissom said.

Sentenced were: Gonzalo Ramirez, 28, Dodge City, Kan., who was sentenced to life plus 57 years.
Pedro Garcia, 27, Dodge City, Kan., who was sentenced to life plus 32 years.
Donte Barnes, 22, Dodge City, Kan., who was sentenced to 32 months.
Jesus Flores, 28, Dodge City, Kan., who was sentenced to time served of 20 months.

Jayson Vargas, 31, Dodge City, Kan., pleaded guilty to one count of unlawful possession of a stolen firearm. In his plea, he admitted that on Aug. 20, 2011, he was driving a car in pursuit of his former girlfriend, who was in another car. During the chase, he pointed a handgun at her. Officers of the Ford County Sheriff’s Office stopped Vargas’ car and arrested him. They seized a .45 caliber handgun.

Vargas is set for sentencing March 24. He faces a maximum penalty of 10 years in federal prison and a fine up to $250,000.

Among the defendants who were sentenced: Gonzalo Ramirez was convicted in a jury trial on count one (conspiracy to commit racketeering), count two (conspiracy to commit murder), count three (murder), count four (attempted murder), count five (assault with a dangerous weapon), count six (possession and discharge of a firearm during a violent crime), count seven (assault with a dangerous weapon), count eight (conspiracy to commit assault with a dangerous weapon), count nine (brandishing a firearm during a crime of violence), count ten (conspiracy to commit murder), count 11 (attempted murder), count 12 (assault with a dangerous weapon), and count 13 (possession and discharge of a firearm during a violent crime).
Pedro Garcia was convicted in a jury trial on count one (conspiracy to commit racketeering), count two (conspiracy to commit murder), count three (murder), count four (attempted murder), count five (assault with a dangerous weapon), count six (possession and discharge of a firearm during a violent crime), count seven (assault with a dangerous weapon), count eight (conspiracy to commit assault with a dangerous weapon), and count nine (brandishing a firearm during a crime of violence).
Donte Barnes pleaded guilty to one count of attempted murder in aid of racketeering.
Jesus Flores pleaded guilty to one count of assault with a dangerous weapon in aid of racketeering and one count of conspiracy to commit assault with a dangerous weapon in aid of racketeering.

The defendants were among 23 members of the Norteno street gang indicted in May 2012. It was only the second time a federal RICO Act indictment (Racketeer Influenced and Corrupt Organizations Act) had been filed in Kansas. Twenty two defendants have been convicted. Charges were dismissed without prejudice against defendant Adam Flores.

Grissom commended the Dodge City Police Department, the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Ford County Sheriff?s Office, the Ford County Attorney’s Office, the Kansas Bureau of Investigation, Assistant U.S. Attorney Lanny Welch and Assistant U.S. Attorney Aaron Smith for their work on the case.

WICHITA, KAN. - A former Kansas Air National Guard senior airman who was assigned to McConnell Air Force Base in Wichita was ordered Monday to pay $54,992 in restitution and sentenced to three years federal probation for wire fraud, U.S. Attorney Barry Grissom said.

Eledria J. Bradley, 29, Wichita, was tried and convicted in U.S. District Court in Wichita on one count of wire fraud. During trial, prosecutors presented evidence that Bradley collected more than $50,000 in travel reimbursements by claiming she lived in Arizona while she was working at McConnell. Evidence showed that Bradley accessed her file via an online personnel system in which military members can access and change their personal information, and changed her residential address from Wichita to Chandler, Ariz. The change in address placed her outside the commuting distance for McConnell Air Force Base. As a result, she received lodging and per diem benefits to which she was not entitled from April 22, 2009, to April 23, 2011, totaling $54,992.

Grissom commended the Air Force - OSI and Assistant U.S. Attorney Alan Metzger for their work on the case.

KANSAS CITY, KAN. B A man who was arrested on a bus has been charged with robbing a bank in Kansas City, Kan., U.S. Attorney Barry Grissom said today.

Jamarr R. Dale, 29, Kansas City, Kan., was charged Monday in a criminal complaint filed in U.S. District Court in Kansas City, Kan. An affidavit filed in support of the complaint alleges that on Jan. 2, 2014, Dale robbed Security Bank at 10840 Parallel Parkway in Kanas City, Kan. He walked into the bank and gave a teller a note saying, “I need $3,000 or I will start shooting.” The teller emptied a drawer of cash and gave him the money, which he stuffed in his coat pocket before running out the front door of the bank.

Officers of the Kansas City, Kan., Police Department responded to the call and were advised the robber had boarded a city bus at a bus stop in the Wal-Mart parking lot around the corner from the bank. They found Dale sitting on the bus and arrested him.

If convicted, Dale faces a maximum penalty of 20 years in federal prison and a fine up to $250,000. The Kansas City, Kan., Police Department investigated. Assistant U.S. Attorney Kim Martin 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 federal grand jury has returned an indictment charging a Wichita man with attempting to explode a car bomb at Wichita Mid-Continent Airport, U.S. Attorney Barry Grissom said today.

Terry Loewen, 58, Wichita, Kan., initially was charged in a criminal complaint filed Dec. 13 in U.S. District Court. On Wednesday, a federal grand jury reviewed the evidence and returned an indictment against Loewen. The charges in the indictment are identical to the charges in the complaint filed last week: One count of attempting to use a weapon of mass destruction, one count of attempting to damage property by means of an explosive and one count of attempting to provide material support to a designated foreign terrorist organization.

The crimes are alleged to have occurred Dec. 13 at Wichita Mid-Continent Airport in Wichita. Loewen was arrested about 5:40 a.m. Dec. 13 at the Wichita airport, where he is alleged to have attempted to detonate a car bomb.

If convicted, Lowen faces a maximum penalty of life in prison on the charge of attempting to use a weapon of mass destruction, not less than five years and not more than 20 years on the charge of attempting to use an explosive to damage property, and a maximum penalty of 15 years on the charge of attempting to provide material support to a designated foreign terrorist organization

The investigation was conducted by the Wichita FBI Joint Terrorism Task Force, which includes members from the FBI, Sedgwick County Sheriff’s Office and Kansas Highway Patrol. Assisting with the investigation were the FBI Kansas City Division, the Transportation Security Administration, the Wichita Airport Authority, the Wichita Police Department. The case is being handled by Assistant U.S. Attorney David Smith and Assistant U.S. Attorney Tony Mattivi and by prosecutors from the Justice Department’s National Security Division.

OTHER INDICTMENTS

A federal grand jury has returned an indictment charging two Chinese agricultural scientists with conspiracy to steal trade secrets with respect to particular rice seeds of a biopharmaceutical company with a research facility in Kansas.

 Weiqiang Zhang, 47, Manhattan, Kan., and Wengui Yan, 63, Stuttgart, Ark., initially were charged in a criminal complaint filed in U.S. District Court Dec. 12. Today’s indictment charges them with two counts: One count of conspiracy to steal trade secrets and one count of theft of trade secrets.

The indictment alleges that as part of the conspiracy, Zhang and Yan enabled visitors from a crops research institute in China to obtain possession of the unique rice seeds developed by Ventria Bioscience at a facility in Junction City, Kan. It is alleged that on Aug. 7, 2013, personnel with U.S. Customs and Border Protection found stolen seeds hidden in luggage belonging to Chinese scientists who were returning to China after a visit to the United States.

If convicted, Zhang and Yan face a maximum penalty of 10 years in federal prison and a fine up to $250,000 on each count. The Little Rock Field Office of the Federal Bureau of Investigation, the Kansas City Field Office of the Federal Bureau of Investigation and U.S. Customs and Border Protection investigated. Assistant U.S. Attorney Scott Rask is prosecuting with assistance from the U.S. Attorney’s Office in the Eastern District of Arkansas.

Scott Thario, 21, is charged with one count of bank robbery and one count of brandishing a shotgun during the robbery. The indictment alleges that on Dec. 16, 2013, Thario brandished a shotgun while he robbed the Intrust Bank at 19501 West 65th Terrace in Shawnee, Kan.

 If convicted, he faces 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 10 years on the firearm charge. The FBI and the Shawnee, Kan., Police Department investigated. Assistant U.S. Attorney David Zabel is prosecuting.

 David P. Drake, 54, Lone Tree, Colo., Donald D. Snider, Jr., 54, Littleton, Colo., Vicki A. Hall, 62, Lone Tree, Colo., Heather A. Gibbs, 51, Littleton, Colo., James Clarkson, 43, Casa Grande, Ariz., are charged in a superseding indictment with conspiracy to commit bank fraud. The indictment alleges the crimes occurred in connection with the development of Indian Ridge Resort, a resort community located near Branson, Mo.

Upon conviction, the crimes carry the following penalties: Conspiracy to commit bank fraud and bank fraud: A maximum penalty of 30 years in federal prison and a fine up to $1 million.
Conspiracy to commit money laundering and money laundering: A maximum penalty of 10 years and a fine up to $250,000.

The Federal Deposit Insurance Corporation investigated. Assistant U.S. Attorney Chris Oakley is prosecuting.

 Yao Vignon Kpade, 31, who is in custody in the Johnson County Jail, is charged with one count of fraudulent use of credit card numbers and one count of aggravated identity theft. The crimes are alleged to have occurred at various times from Feb. 11, 2013 to July 23, 2013 in Johnson County, Kan.

 The indictment alleges that while working at a Taco Bell restaurant Kpade used a credit card scanning device known as a “skimmer” to obtain electronic credit card information from credit and debit cards belonging to the restaurant’s customers. The indictment alleges he fraudulently used the credit card information to make purchases at Walmart in Overland Park, Ranchmart Wine and Spirits in Leawood and Hy-Vee in Shawnee, Kan.

If convicted, he faces a maximum penalty of 15 years in federal prison and a fine up to $250,000 on the credit card charge and a mandatory two years to run consecutively to the underlying sentence and a fine up to $250,000 on the identity theft charge. The U.S. Secret Service investigated. Assistant U.S. Attorney Tanya Treadway is prosecuting.

Antonio Molina-Gonzalez, 40, a citizen of Mexico, is charged with unlawfully re-entering the United States after being deported. He was found Nov. 25, 2013, in Franklin County, Kan.

If convicted, he faces a maximum penalty of 20 years in federal prison and a fine up to $250,000. Immigration and Customs Enforcement investigated. Assistant U.S. Attorney Jabari Wamble is prosecuting.

Jayce A. Rymer, 20, Basehor, Kan., is charged with one count of destroying mail while working for the U.S. Postal Service. The crime is alleged to have occurred Aug. 14, 2013, in Johnson County, Kan.

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

Joshua Spurgeon is charged with escaping from federal custody at the Grossman Community Corrections Center, a halfway house in Leavenworth, Kan. The crime is alleged to have occurred Dec. 9, 2013.

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

Jose Angel Aguilera-Franco, 19, Bonner Springs, Kan., is charged with one count of possession with intent to distribute methamphetamine. The crime is alleged to have occurred Dec. 5, 2013, 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 U.S. Postal Inspection Service investigated. Special Assistant U.S. Attorney Erin Tomasic is prosecuting.

 Jose Angel Ruiz-Pena, 31, Kansas City, Kan., is charged with one count of possession with intent to distribute methamphetamine. The crime is alleged to have occurred Nov. 20, 2013, in Kansas City, Kan.

 If convicted, he faces a maximum penalty of 20 years in federal prison and a fine up to $1 million. Homeland Security Investigations investigated. Special Assistant U.S. Attorney Erin Tomasic is prosecuting.

William D. Mitchell, 29, Lawrence, Kan., is charged with one count of conspiracy to distribute crack cocaine, one count of distributing crack cocaine, one count of possession with intent to distribute crack cocaine and one count of unlawful use of a telephone in furtherance of drug trafficking. The crimes are alleged to have occurred Sept. 22, 2011, in Lawrence, Kan.

If convicted, he faces a maximum penalty of 20 years in federal prison and a fine up to $1 million on each of the crack cocaine charges and a maximum penalty of four years and a fine up to $250,000 on the phone count. The Douglas County Sheriff’s Office investigated. Special Assistant U.S. Attorney Erin Tomasic is prosecuting.

Justo Herrera-Quiroz, 49, who is not a citizen of the United States, is charged with unlawfully re-entering the United States after being deported. He was found Nov. 18, 2013, in Olathe, Kan.

If convicted, he faces a maximum penalty of 20 years in federal prison and a fine up to $250,000. Homeland Security Investigations investigated. Assistant U.S. Attorney David Zabel is prosecuting.

Juan Carlos Quezada-Martinez, 50, Wichita, Kan., is charged in a superseding indictment with one count of unlawful production of an identification document, six counts of aggravated identity theft, two counts of document fraud, two counts of making a false statement to the government and one count of misusing a Social Security number. The crimes are alleged to have occurred in 2012 and 2013 in Sedgwick County, Kan.

Upon conviction, the crimes carry the following penalties: Unlawful production of an identification document: A maximum penalty of 10 years in federal prison without parole and a fine up to $250,000.
Aggravated identity theft: A mandatory two years to run consecutively to the underlying sentence and a fine up to $250,000 on each count.
Document fraud: A maximum penalty of 15 years and a fine up to $250,000 on each count.
Making a false statement to the government: A maximum penalty of five years in federal prison and a fine up to $250,000 on each count.
Misuse of a Social Security number: A maximum penalty of five years and a fine up to $250,000.

The Kansas Department of Revenue and DHS 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.