District of Kansas

WICHITA, KAN. – A Dodge City gang member has pleaded guilty to conspiring to attempt to kill a rival gang member in connection with a federal racketeering case, U.S. Attorney Barry Grissom said today.

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.

Sentencing is set for Jan. 13, 2014. He faces a maximum penalty of 20 years in federal prison and a fine up to $250,000.

Sanchez was one of 23 Norteno members 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. So far, 20 of the defendants have pleaded guilty or been found guilty. Three are awaiting trial.

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, Assistant U.S. Attorney Lanny Welch and Assistant U.S. Attorney Aaron Smith for their work on the case.

WICHITA, KAN. - A woman who owns a retail store in Wichita has pleaded guilty to trafficking in counterfeit designer goods, U.S. Attorney Barry Grissom said today.

Glenda Sue Morgan, 55, Wichita, Kan., pleaded guilty to one count of trafficking in goods bearing counterfeit trademarks. In her plea, she admitted selling the counterfeit goods as “replicas” at her business, The Fabulous Store at 9131 E. 37th North in Wichita. On April 2, 2013, undercover law enforcement officers bought about $500 worth of such items including a “Chanel” bracelet and sunglasses, a “Michael Kors” purse and a “Prada” purse. When investigators served a search warrant they seized 400 replica items with a retail value of about $14,000.

In June 2009, more than $1 million in counterfeit goods was seized by Homeland Security Investigations from the same location. At the time, Morgan forfeited ownership of the items and they were destroyed, but she was not charged criminally. 

Sentencing is set for Jan. 17, 2014. She faces a maximum penalty of 10 years in federal prison and a fine up to $2 million. Grissom commended Homeland Security Investigations, the Wichita Police Department and Assistant U.S. Attorney Brent Anderson for their work on the case.

TOPEKA, KAN. - The former treasurer of the Mayetta Rural Fire District #1 in Jackson County, Kan., has been charged in federal court with embezzling more than $427,000 from the district, U.S. Attorney Barry Grissom said today.

Richard P. Bontrager, 67, Holton, Kan., was charged in a criminal information filed today in U.S. District Court in Topeka with one count of embezzlement. The criminal information alleges the crime occurred from 2008 to 2013 while Bontrager was managing the finances of the fire district, which serves a 121-square-mile area including the town and nearby rural community. Beginning in 2008, Bontrager began embezzling funds by issuing checks with forged signatures of members of the district’s five-member board of directors.  He made the checks payable to a fictitious company he called “R & S Services,” to conceal the fact the money was deposited into his personal account.

The criminal information also alleges he falsified loan documents to obligate the fire district to make monthly lease payments on a Polaris Ranger UTV and a 1988 Chevrolet one-ton brush truck. He created false minutes to make it appear the board had approved the lease.

If convicted, he faces a maximum penalty of 10 years in federal prison and a fine up to $250,000. The Jackson County Sheriff’s Office investigated. Assistant U.S. Attorney Richard Hathaway is prosecuting.

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

TOPEKA, KAN. - The former chief financial officer for a manufacturing firm in Emporia has been charged in federal court with embezzling more than $265,000 from the company, U.S. Attorney Barry Grissom said today.

Sandra Moore, 57, Emporia, Kan., was charged in a criminal information filed today in U.S. District Court in Topeka with one count of embezzlement. The criminal information alleges the crime occurred beginning in 2008 while the defendant was CFO of Sauder Custom Fabrication, Inc., in Emporia, Kan. It is alleged Moore devised a variety of schemes to divert money from her employer’s accounts to her own including:

• Making unauthorized transfers from the company’s disbursement account to her personal account at ESB Financial in Emporia.
• Issuing unauthorized checks and depositing them into her personal account.
• Issuing unauthorized to repay loans she obtained from her 401K account.

Using those methods, she is alleged to have embezzled a total of $265,927 from the company.
If convicted, she faces a maximum penalty of 10 years in federal prison and a fine up to $250,000. The FBI investigated. Assistant U.S. Attorney Richard Hathaway 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 has pleaded guilty to embezzling from the Bio-Security Research Institute at Kansas State University, U.S. Attorney Barry Grissom said today.

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 specific checks Miller diverted: A check for $5,000 from the FSU Research Foundation in Tallahassee, Fla.; a check for $6,108.58 from the Frontline Healthcare Workers Safety Foundation in Atlanta, Ga.; and a check for $955 from J.M. Oconnor Inc., in Lenexa, Kan.
In her plea, Miller agreed to a money judgment of $16,523.58.

Sentencing is set for Jan. 13. She faces a maximum penalty of 10 years in federal prison and a fine up to $250,000 on each count.

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.

WICHITA, KAN. - Two Texas men have been resentenced on Lacey Act charges of conspiracy, wildlife trafficking and obstruction of justice related to the sale of guided deer hunts in southern Kansas, U.S. Attorney Barry Grissom said today.

James Bobby Butler, Jr., 44, of Martinsville, Tex., was sentenced to 10 months in federal prison. Butler pleaded guilty in March 2011 to one count of conspiracy to violate the Lacey Act, one Lacey Act interstate trafficking count and one count of obstruction of justice.

His brother, Marlin Jackson Butler, 39, also of Martinsville, was sentenced to 8 months in federal prison. He pleaded guilty in March 2011 to one count of conspiracy to violate the Lacey Act and one Lacey Act interstate trafficking count.

The Lacey Act is a federal law that makes it illegal to knowingly transport or sell in interstate commerce any wildlife taken or possessed in violation of state law or regulation.

The Butlers ran a deer guiding operation near Coldwater, Kan. They sold guided deer hunts in Kansas to hunters from Texas and Louisiana, charging approximately $3,500 for archery hunts and $5,000 for rifle hunts. During those hunts, the Butlers transported clients to areas owned or leased by James Butler, where hunters were encouraged to kill deer illegally, in many cases without a license or permit.

In June 2011, James Butler was sentenced to 41 months in federal prison and Marlin Butler was sentenced to 27 months. They appealed their sentences to the U.S. Tenth Circuit Court of Appeals, which vacated the sentences and remanded the cases for resentencing.

Grissom commended the U.S. Fish & Wildlife Service, the Kansas Department of Wildlife and Parks, the Texas Parks and Wildlife Department, Colin Black of the Justice Department's Environment and Natural Resources Division, Environmental Crimes Section, and Assistant U.S. Attorney Matt Treaster for their work on the case.

KANSAS CITY, KAN. - A Missouri man who coached youth tennis has been sentenced to 78 months in federal prison for soliciting a minor girl he coached to send him sexually explicit photos of herself, U.S. Attorney Barry Grissom said today. The defendant also was ordered to pay $15,000 in restitution.

Rex Haultain, 56, Parkville, Mo., pleaded guilty to one count of soliciting child pornography. In his plea, he admitted that in 2009 he told a minor girl he was coaching that she sexually aroused him. While traveling to a tournament in the summer of 2010, he showed her a picture of his penis on a cell phone. In the fall of 2010 he began asking her to send him photos of herself naked, leading eventually to his sexually molesting her.

At sentencing, the victim, now 18, read a statement saying Haultain manipulated her by exploiting her desire to become an outstanding tennis player. Her statement read in part: “Not a day goes by that I don’t think about what happened to me. I believe that will be the case for a long time, and maybe even for the rest of my life.”

Grissom commended the Overland Park Police Department, the FBI, Victim-Witness Specialist Vivian VanVleet and Assistant U.S. Attorney Scott Rask for their work on the case.

KANSAS CITY, KAN. - A former crew leader has been sentenced to time served after pleading guilty to harboring undocumented workers who were employees of a framing company in Spring Hill, Kan., U.S. Attorney Barry Grissom said today. He will be turned over to Immigration and Customs Enforcement for deportation.

Edino Pacheco, also known as Dennis Erickson Portillo, 30, has been in custody since he was arrested April 1. In his plea, he admitted that owners and managers of Advantage Framing Systems, Inc., in Spring Hill, Kan., knowingly employed undocumented workers. Advantage devised a method to reimburse undocumented workers by making crew leaders responsible to pay undocumented workers in their crews. Pacheco served as a crew leader and cashed checks issued to him from Advantage Framing to pay crew members for their framing work.

Advantage Framing issued checks to more than 32 crews for compensation for framing work. During the conspiracy, the total amount of checks written to various framing crews was approximately $4.6 million.
Co-defendants include:

James Humbert,owner of Advantage Framing, who pleaded guilty and is set for sentencing Jan. 17.
Kimberly Humbert, co-owner of Advantage Framing, who pleaded guilty and is set for sentencing Jan. 17.
Charles Stevens II, co-owner of Advantage Framing,who pleaded guilty and is set for sentencing Dec. 3.
Jose Ramon Caro-Corral, a crew leader, who is awaiting trial.
Angel Arguello-Plata, a crew leader, who pleaded guilty, and is awaiting sentencing.
Jorge Uriel Delgado-Ovalle, a crew leader, who is awaiting trial.

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.

KANSAS CITY, KAN. - A Wichita truck driver has been charged in federal court with transporting child pornography across state lines, U.S. Attorney Barry Grissom said today.

Joshua David Bellah, 40, Wichita, Kan., is charged with one count of interstate transportation of child pornography. The crime is alleged to have occurred Oct. 11, 2013, when he drove from Oklahoma to Kansas with two laptop computers containing child pornography.
Bellah initially was charged in a criminal complaint filed Oct. 15 in U.S. District Court. An affidavit supporting the complaint alleged the investigation began when Immigration and Customs Enforcement’s Homeland Security Investigations received information from the National Center for Missing and Exploited Children, the Dallas Police Department, the FBI and HSI. Investigators learned that Bellah had created various email accounts using free services including Yahoo. He used one or more email accounts to exchange and distribute child pornography for a brief time before abandoning the accounts and creating a new one for the same purpose.

On Oct. 11, 2013, investigators executed a search warrant at his home and seized three laptops, a smartphone, two USB drives and several disks. They found child pornography depicting victims who appeared to be as young as five years old.

If convicted, he faces a penalty of not less than five years and not more than 20 years and a fine up to $250,000. Immigration and Customs Enforcement’s Homeland Security Investigations investigated. Assistant U.S. Attorney Jason Hart is prosecuting.

OTHER INDICTMENTS

Hunter R. Wheeler, 23, who is in federal custody, is charged with three counts of distributing methamphetamine, one count of possession with intent to distribute methamphetamine, and one count of unlawful possession of a firearm in furtherance of drug trafficking. The crimes are alleged to haveoccurred in September and October 2013, in Douglas County, Kan.

If convicted, he faces a penalty of not less than five years and not more than 40 years and a fine up to $8 million on each distribution count, a penalty of not less than 10 years and not more than life on the charge of possession with intent to distribute more than 50 grams of methamphetamine, and a penalty of not less than five years on the charge of unlawful possession of a firearm. The Lawrence Police Department investigated. Assistant U.S. Attorney Jabari Wamble is prosecuting.

Michael A. Rehard, 25, is charged with one count of distributing methamphetamine, one count of unlawful possession of a firearm in furtherance of drug trafficking, and one count of possession with intent to distribute methamphetamine. The crimes are alleged to have occurred in July and October 2013 in Overland Park, Kan.

If convicted, he faces a penalty of not less than five years and not more than 40 years in federal prison and a fine up to $5 million on the distribution count and on the possession count, and a penalty of not less than five years and not more than life and a fine up to $250,000 on the firearm charge. The Kansas Bureau of Investigation investigated. Assistant U.S. Attorney David Zabel is prosecuting.

Abelardo Fernandez-Casas, 38, Pratt, Kan., is charged with one count of possession of an unlawfully obtained Social Security card, one count of using a false Social Security number, and one count of making false statements in order to obtain a loan from the People’s Bank of Pratt, Kan. The crimes are alleged to have occurred in 2009 and 2012 in Pratt, Kan.

If convicted, he faces a maximum penalty of 10 years in federal prison and a fine up to $250,000 on the charge of possessing an unlawfully obtained Social Security card, a maximum penalty of five years and a fine up to $250,000 on the charge of using a false Social Security number, and a maximum penalty of 30 years and a fine up to $1 million on the charge of making false statements to obtain a loan. Immigration and Customs Enforcement investigated. Assistant U.S. Attorney Jason Hart is prosecuting.

Raul Marquez-Ramirez-Ramirez, 57, Wichita, Kan.; Angel L. Lopez, 30, Wichita, Kan.; Emma Velo, 32, Wichita, Kan.; and Tyler Sims, 30, Wichita, Kan., are charged with one count of conspiracy to distribute methamphetamine. In addition, Marquez-Ramirez is charged with three counts of distributing methamphetamine, one count of possession with intent to distribute marijuana and one count of unlawful possession of a firearm in furtherance of drug trafficking; Lopez is charged with three counts of distributing methamphetamine; and Velo is charged with one count of possession with intent to distribute marijuana and one count of unlawful possession of a firearm in furtherance of drug trafficking.

Upon conviction, the crimes carry the following penalties: Conspiracy: Not less than 10 years and not more than life and a fine up to $10 million.
Distribution of more than 50 grams of methamphetamine: Not less than 10 years and not more than life and a fine up to $10 million.
Distribution of more than five grams of methamphetamine: Not less than five years and not more than 40 years and a fine up to $5 million on each count.
Possession with intent to distribute more than five grams of methamphetamine: Not less than five years and not more than 40 years and a fine up to $5 million on each count.
Possession with intent to distribute marijuana: Not less than five years and not more than 40 years and a fine up to $5 million on each count.
Possession of a firearm in furtherance of drug trafficking: Not less than five years and a fine up to $250,000.
The Wichita Police Department investigated. Assistant U.S. Attorney Lanny Welch is prosecuting.

Kyle Lennin, 28, who is in custody in the Shawnee County Jail, is charged with one count of conspiracy to distribute methamphetamine and one count of threatening a prospective federal witness. The conspiracy is alleged to have taken place from February to March 2012 in Saline County, Kan., and the threat is alleged to have occurred Aug. 29, 2013.

If convicted, he faces a penalty of not less than 10 years and a fine up to $10 million on the conspiracy count, and a penalty of not less than 20 years and a fine up to $250,000 on the charge of threatening a prospective witness. The Salina Police Department investigated. Assistant U.S. Attorney Randy Hendershot is prosecuting.

Jason A. Young, 28, is charged with one count of unlawful possession of a firearm in furtherance of drug trafficking, one count of possession with intent to distribute marijuana, and one count of unlawful possession of a firearm after a felony conviction. The crimes are alleged to have occurred July 27, 2013, in Kansas City, Kan.
If convicted, he faces a penalty of not less than five years in federal prison and a fine up to $250,000 on the charge of unlawful possession of a firearm in furtherance of drug trafficking, a maximum penalty of five years and a fine up to $250,000 on the marijuana charge, and a maximum penalty of 10 years and a fine up to $250,000 on the remaining firearm charge.
The Kansas City, Kan., Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives 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.

KANSAS CITY, KAN. - Twice as many Americans abuse prescription drugs as the number abusing cocaine, heroin, hallucinogens and inhalants combined, U.S. Attorney Barry Grissom said today. Grissom called on Kansans to help solve the problem by participating in the Drug Enforcement Administration’s National Prescription Drug Take Back Day on Saturday, Oct. 26.

“All of us need to empty our medicine cabinets of potentially dangerous expired, unused or unwanted prescription drugs,” Grissom said. “Studies show that a majority of abused prescription drugs are obtained from family and friends, including from home medicine cabinets.”

Grissom said more than 6 million Americans abuse prescription drugs and more accidental deaths are caused by drug overdoses than by car accidents.

About 100 collection sites will be open from 10 a.m. to 2 p.m. Saturday at locations across Kansas. For a current list of drop off sites in your area, visit www.dea.gov and click on the “Got Drugs?” logo.

The following is a joint release from the U.S. Attorney’s Office for the Eastern District of Louisiana and the U.S. Attorney’s Office for the District of Kansas.

NEW ORLEANS, LOUISIANA – The owners of Kansas-based Global Medical Direct, LLC and Global Medical Inc., Robert Shea and Mark Franz, have agreed to pay $7 million to resolve allegations against them in connection with a scheme to submit false claims to the federal Medicare and Tricare healthcare programs, announced United States Attorney Kenneth Allen Polite, Jr. from the Eastern District of Louisiana along with United States Attorney Barry Grissom, from the District of Kansas.  The companies have also agreed to pay to the United States $5 million in proceeds from the sale of all of the companies’ assets to settle civil allegations under the False Claims Act.  Shea and Franz will also receive twenty-year exclusions from participation in any federal healthcare program as part of the settlement. 

Global Medical, Inc. and its parent company, Global Medical Direct, LLC, are mail-order diabetic supply companies.  The United States contends that, between April 1, 2008 and January 31, 2012, owners Robert Shea and Mark Franz caused Global Medical and Global Medical Direct to enter into numerous marketing contracts with insurance brokerage and other companies with customer bases likely to have a high percentage of diabetes patients and paid these companies based on the number of patients referred for diabetic supplies.  The Anti-Kickback Statute makes it unlawful to pay or receive remuneration for patient referrals because of the high-potential for billing abuse to Federal programs, such as Medicare, resulting from these types of arrangements. 

The settlement resolves the companies’ and its owners’ civil and criminal liability for their participation in the wrongdoing.

The investigation and prosecution of the companies and their owners was conducted jointly by the U. S. Attorney’s Offices for the District of Kansas and the Eastern District of Louisiana, the Office of the Inspector General for the Department of Health and Human Services, and the Federal Bureau of Investigation. 

“This joint effort sends a strong message to those that would abuse federally-funded healthcare programs – we will employ all available avenues to punish those that take advantage of the system,” said Kenneth Polite, U. S. Attorney for the Eastern District of Louisiana. 

“We are happy to partner with our sister districts to insure that fraud, waste and abuse are discovered and punished wherever found,” said Barry Grissom, U. S. Attorney for the District of Kansas. 

"Patients have a right to expect that medical suppliers have justly earned the opportunity to win government business," said Mike Fields, Special Agent in Charge, Office of Inspector General, U.S. Department of Health and Human Services, of the region including Louisiana.  "Besides the dollar settlement, two of Global's owners are now banned from government health programs for at least the next two decades."   

KANSAS CITY, KAN. - A Kansas City, Mo., man has pleaded guilty in a case in which an Overland Park bank was robbed by a man with a hatchet, U.S. Attorney Barry Grissom said today.

Derek T. Brownlee, 35, Kansas City, Mo., pleaded guilty to one count of armed robbery. A criminal complaint filed in July alleged Brownlee was wearing a bandanna over his face and carrying a hatchet on July 1, 2013, when he robbed the Metcalf Bank at 7800 College Boulevard in Overland Park.

 The complaint alleged Brownlee jumped the teller’s counter and demanded money. He took cash from a drawer and some personal items from a teller including a Kindle Fire and a cellular telephone. When police officers spotted his car, he led them on a chase at speeds up to 90 miles an hour before being stopped in the 8700 block of Indiana in Kansas City, Mo. He was arrested after he fled from the car on foot.

Sentencing is set for Jan. 21. He faces a maximum penalty of 20 years and a fine up to $250,000. Grissom commended the FBI, the Overland Park Police Department, the Kansas City, Mo., Police Department and Assistant U.S. Attorney Kim Martin for their work on the case.

KANSAS CITY, KAN. - A Kansas City, Kan., man has pleaded guilty to federal charges arising from an armed robbery and a carjacking, U.S. Attorney Barry Grissom said today.

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 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.

Freeman will be sentenced at a later date. Both parties have agreed to recommend a sentence of 300 months in federal prison.

Co-defendants include: Joe Freeman, 33, Kansas City, Kan., who is awaiting trial.
Jeffrey B. Jackson, 47, Leavenworth, Kan., who is awaiting trial.
Terry D. Tillman, 26, Kansas City, Kan., who is set for sentencing Nov. 12.
Anthony L. Irvin, 19, Kansas City, Kan., who is set for sentencing Nov. 25.
Melvin L. Shields, 20, Kansas City, Kan., who is set for sentencing Nov. 25.

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.

Undocumented Workers At Wichita Chinese Restaurant

WICHITA, KAN. – The operators of a west Wichita Chinese restaurant have been arrested in connection with an indictment alleging that they employed undocumented workers, U. S. Attorney Barry Grissom announced Tuesday.

The operators, Yong “Tony” Lin, 33, and his wife, Zhuo Mei “Mandy” Weng, 29, both of Wichita, were arrested Tuesday by agents of the U.S. Department of Homeland Security (DHS) on warrants issued in connection with a federal indictment. The indictment charges conspiracy and harboring of aliens unlawfully in the United States, Grissom said.

“The U.S. Attorney’s office is aggressively pursuing employers who knowingly hire undocumented and falsely-documented workers,” Grissom said Tuesday. “When a business engages in this practice, it not only encourages illegal immigration, it also gives the employer an unfair advantage in the marketplace. We have several more ongoing investigations along these lines.”

Agents of Homeland Security Investigations (HSI), in cooperation with the Wichita Police Department, also executed search warrants at three west Wichita apartments and the restaurant, World Buffet Grill, 2243 N. Ridge Rd., Grissom said. Lin and Weng were booked into the Sedgwick County jail and are scheduled to make an initial court appearance at 1:30 p.m. Wednesday before U.S. Magistrate Judge Kenneth Gale.

The indictment, which was sealed after its filing on Sept. 11, alleges two counts of conspiracy and six counts of harboring, in addition to seeking criminal forfeiture of assets associated with the alleged crimes. If convicted, the defendants face a maximum of five years in prison on each of the eight counts.  As in any criminal case, the defendants are presumed innocent until and unless proven guilty.

The indictment alleges that defendants Lin and Weng paid employees in cash, failed to withhold for taxes and Social Security, failed to maintain unemployment and workers compensation insurance, and failed to complete and maintain DHS Employment Eligibility Authorization (I-9) forms.

The case was investigated by HSI with the assistance of the Wichita Police Department, the Exploited and Missing Children’s Unit, and the Sedgwick County District Attorney’s office. The prosecutors are Brent Anderson and Jason Hart, both assistant United States attorneys.

KANSAS CITY, KAN. – A Texas man has pleaded guilty to holding a dog fight at his home, U.S. Attorney Barry Grissom said today.
     
Vertrick Jordan, 47, Tyler, Texas, pleaded guilty to one count of conspiracy to transport animals across state lines to participate in dog fighting. In his plea, Jordan admitted he conspired with co-defendants Pete Davis of Kansas City, Mo., and Melvin Robinson of Kansas City, Kan., to hold a dog fight at his residence in Smith County, Texas, on March 23, 2013. When agents raided the dog fight, 30 people were detained and several more fled the property on foot. Agents found a dog fighting pit had been built on the property. Two trophies were found next to the pit.

Investigators learned Jordan had received a call March 19 and agreed to allow the dog fight to take place on his property. He was told the fight would be a “grand championship” match between two dogs that had won four previous fights to qualify. He was told the fight would be very private with only a few people attending. Those attending paid $30 to $40 each at the gate the night of the fight.

Sentencing is set for Jan. 21, 2014. Both parties have agreed to recommend a sentence of probation, 50 hours of community service and three years of supervised release. Jordan also agreed to a three-year prohibition against owning dogs.

Co-defendants include: Pete Davis, who was sentenced Oct. 10 to 16 months in federal prison.
Melvin Robinson, who was sentenced Oct. 10 to 10 months in federal prison.

Grissom commended Assistant U.S. Attorney Tris Hunt and the following agencies that contributed to the investigation: The FBI, the Kansas City (KS) Police Department, the Harrison County (MO) Sheriff's Department, the Missouri State Highway Patrol, the Texas Department of Public Safety - Narcotics and Highway Patrol, East Texas HIDTA, the FBI Dallas Division - East Texas Resident Agencies, the American Society for the Prevention of Cruelty to Animals, the Texas Parks and Wildlife Department - Game Wardens, the Texas Department of Criminal Justice - OIG, the Lindale Police Department, the Smith County Sheriff=s Office, the Dallas Police Department and the Dallas County Sheriff=s Office and the American Society for the Prevention of Cruelty To Animals.

WICHITA, KAN. – U.S. Attorney Barry Grissom will speak in Parsons on Thursday, Oct. 24.

Grissom will be guest speaker at the noon luncheon of the Parsons Rotary Club. The club is meeting at the Chinese Chef, 900 N. 16th Street in Parsons. His topic will be “Federal Law Enforcement: National security, public safety and civil rights.”

Grissom leads a staff of about 50 assistant U.S. Attorneys and 50 support personnel who work in offices in Kansas City, Kan., Topeka and Wichita. He was appointed by President Barack Obama in 2010.

For more information, call Jim Cross, public information officer, at 316-269-6552.

WICHITA, KAN. – A federal indictment charging a Wichita chiropractor in a $1.3 million health care fraud scheme was unsealed today, U.S. Attorney Barry Grissom. The chiropractor surrendered his license today.

Jeffrey D. Fenn, 32, Wichita, Kansas, was charged with six counts of health care fraud, two counts of aggravated identity theft, one count of illegally obtaining controlled drugs, sixteen counts of money laundering and one count of tax evasion.

The indictment alleges that beginning in March 2011 Fenn devised and executed a scheme to defraud health care benefit programs of more than $1.3 million through his businesses, including Wichita Health and Wellness, Fenn Chiropractic, P.A. and Wichita Pain Associates, P.A. Fenn submitted false claims to Medicare, Blue Cross/Blue Shield of Kansas and Coventry Health Care of Kansas, Inc., and the Federal Employees Health Benefits Program.

The indictment alleges Fenn was responsible for submitting false claims for health care services including:

• Nerve block injections where none were performed.
• Fine needle aspirations where none were performed.
• Nerve conduction tests when the tests were not performed by properly certified personnel.
• Services ostensibly provided by physicians when they were not present at the clinic.
• Services that were medically unnecessary.

Fenn developed what he called an “integrated practice,” hiring physicians, advanced registered nurse practitioners and physical therapists and ostensibly having them perform procedures he was not qualified to perform. He misrepresented to the Kansas Board of Healing Arts that medical doctors had an ownership in his clinic. He used the names of physicians he employed to submit false claims for services.

The tax evasion count alleges he overstated his business deductions for 2011 by $367,800. He claimed business deductions for what were in fact personal expenses. For example, $9,400 he claimed for purchasing a server actually was used to make a down payment on a residential lot in Wichita. The $15,100 he claimed for advertising actually was used to make a down payment on a ski boat.

Upon conviction, the crimes carry the following penalties:

• Health care fraud: A maximum penalty of 10 years in federal prison and a fine up to $250,000 on each count.
• Aggravated identity theft: A mandatory two years to run consecutively to the underlying sentence on each count.
• Illegally obtaining controlled drugs: A maximum penalty of four years and a fine up to $250,000.
• Money laundering: A maximum penalty of 10 years in federal prison and a fine up to $250,000 on each count.
• Tax evasion: A maximum penalty of five years and a fine up to $100,000.

Health and Human Services, Office of Inspector General, Office of Investigations, the FBI, Defense Criminal Investigative Service, the Food and Drug Administration and the Internal Revenue Service investigated. Assistant U.S. Attorney Tanya Treadway is prosecuting.

TOPEKA, KAN. – Two Topeka men have been indicted on federal charges in connection with the July 28 robbery and shooting at a Valero gas station in Topeka, U.S. Attorney Barry Grissom and Shawnee County District Attorney Chad Taylor announced today.

Corey Eugene Johnson, 39, Topeka, Kan., and Shawn Michael Sneed, 20, Topeka, Kan., are charged with one count of armed robbery and one count of discharging a firearm during the robbery.

The indictment alleges that on July 28, 2013, Johnson and Sneed robbed the Valero gas station at 1161 S.W. Gage Boulevard in Topeka. It alleges they caused a firearm to be discharged during the robbery.

A 52-year-old Topeka man who has been identified as Salim Salti was shot during the robbery.

“We’re working with the Shawnee County District Attorney’s Office and the FBI and Topeka Police Department’s Violent Crime Task Force in this case,” said U.S. Attorney Barry Grissom. “Protecting public safety and prosecuting violent gun crimes are the top priority for us all.”

“I am very pleased with the quality of investigation in this case by both our local law enforcement agencies and the federal task force,” said Chad Taylor, Shawnee County District Attorney. “Once again, this indictment reflects the continued cooperation and commitment by my office and the United States Attorney’s Office. That cooperation allowed us to jointly determine which prosecution jurisdiction would provide the stiffest penalties possible, in order to help ensure the safety of this community and make a statement to those who would commit violent crimes.”

If convicted, the defendants face a maximum penalty of 20 years in federal prison and a fine up to $250,000 on the robbery charge, and a penalty of not less than 10 years – consecutive to sentence on the robbery count – and a fine up to $250,000 on the firearm charge. The Topeka Police Department, the FBI and the Shawnee County District Attorney’s Office investigated. Assistant U.S. Attorney Jared Maag 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 Mayetta, Kan., man has been indicted on federal charges of habitual domestic violence assaults that took place on tribal lands, U.S. Attorney Barry Grissom said today.

William L. Wilson, 28, Mayetta, Kan., is charged with one count of domestic assault by an habitual offender occurring on tribal lands. The indictment alleges that on Sept. 7, 2013, he assaulted his wife. The assault is alleged to have occurred on the Prairie Band Potawatomi Nation’s tribal lands in Jackson County, Kan.

The indictment alleges Wilson has two prior convictions for domestic assault.

“Domestic violence is a serious problem,” said U.S. Attorney Barry Grissom. “We are determined to use every means we have to protect women and girls in Indian Country.”

If convicted, he faces a maximum penalty of five years in federal prison and a fine up to $250,000. The Prairie Band Potawatomi Tribal Police Department investigated. Assistant U.S. Attorney Alan Metzger is prosecuting.

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

KANSAS CITY, KAN. – A Fort Scott man has been sentenced to more than 20 years in federal prison on drug trafficking charges, U.S. Attorney Barry Grissom said today.

Jonathan Brumback, 43, Fort Scott, Kan., was sentenced to 250 months in federal prison and ordered to forfeit $27,000 in proceeds from the crime. In his plea, he admitted that on Aug. 1, 2012, he sold approximately a gram of methamphetamine to a buyer working undercover for the Kansas Bureau of Investigation. The transaction took place at his shop in Ft. Scott. On Aug. 4, 2012, he sold more than six grams of methamphetamine to a buyer working undercover. The transaction took place at his residence in Ft. Scott. On Aug. 5, investigators served search warrants at his home and shop, where they found approximately half a pound of methamphetamine and $24,000 in cash.

On Aug. 20, 2012, an undercover agent purchased a quarter pound of methamphetamine for a little more than $5,000 from one of Brumback’s co-defendants, Rogelio Amada Lamas. The price included $3,000 that Brumback owed for methamphetamine he purchased from Lamas.

Co-defendants include: Rogelio Amada Lamas, who is scheduled for sentencing Dec. 9.
Johana Villanueva-Renteria, who is set for sentencing Oct. 22.

Grissom commended the Fort Scott Police Department, the Kansas Bureau of Investigation, Assistant Attorney General Steven Wilhoft with Kansas Attorney General Derek Schmidt's Office and Assistant U.S. Attorney Scott Rask for their work on the case.

WICHITA, KAN. – A federal jury today found two men guilty of gang crimes including murder in Dodge City, U.S. Attorney Barry Grissom said today.

Pedro Garcia, 27, Dodge City, Kan., and Gonzalo Ramirez, 28, Dodge City, Kan., both members of the Norteno street gang, were convicted on all counts, including:

• Count one (both defendants): Conspiracy by members of the Norteno gang to commit crimes in violation of the federal Racketeer Influenced and Corrupt Organizations Act.
• Count two (both defendants): Conspiracy to commit murder. On June 8, 2009, the defendants conspired to murder Israel Peralta, Mariano Sorano, Faustino Peralta and Roberto Arco.
• Count three (both defendants): Murder. On June 8, 2009, the defendants murdered Israel Peralta.
• Count four (both defendants): Attempted murder. On June 8, 2009, the defendants attempted to murder Mariano Sorano, Faustino Peralta and Roberto Arco.
• Count five (both defendants): Assault with a dangerous weapon. On June 8, 2009, the defendants used firearms to assault Israel Peralta, Mariano Sorano, Faustino Peralta and Roberto Arco.
• Count six (both defendants): Possession and discharge of a firearm during a violent crime. One June 8, 2009, the defendants discharged firearms in furtherance of a crime of violence.
• Count seven (both defendants): Assault with a dangerous weapon. On June 8, 2009, the defendants used a firearm to assault Isidro Raleas-Velasquez.
• Count eight (both defendants): Conspiracy to commit assault with a dangerous weapon. On June 8, 2009, the defendants conspired to assault Isidro Raleas-Velasquez with a firearm.
• Count nine (both defendants): Possessing and brandishing a firearm during a violent crime. On June 8, 2009, the defendants possessed and brandished firearms in furtherance of a crime of violence.
• Count ten (Ramirez only): Conspiracy to murder. On Oct. 4, 2008, the defendants conspired to murder Rumalda Hipolito and Abel Hernandez.
• County eleven (Ramirez only): Attempted murder. On Oct. 4, 2008, the defendants attempted to murder Rumalda Hipolito and Abel Hernandez.
• Count twelve (Ramirez only): Assault with a dangerous weapon. On Oct. 4, 2008, the defendants assaulted Rumalda Hipolito and Abel Hernandez with a firearm.
• Count 13 (Ramirez only): Possession and discharge of a firearm during a violent crime. On Oct. 4, 2008, the defendants possessed and discharged firearms in furtherance of an aggravated assault.

During the June 8, 2009, incident, the defendants and other gang members fired at a group of men gathered at a trailer park located at 201 E. McArtor in Dodge City. Peralta was killed in the shooting.

On the same date, the defendants and other gang members robbed Isidro Raleas-Valasquez and Alonzo Diego at their home in the 1000 block of Ave. E. They struck Raleas-Vasquez in the head with a gun and stole money from the victims.

In the Oct. 4, 2008, incident, the Ramirez used a firearm to attack a group of men they believed to be members of the rival Sureno gang at a residence in the 1100 block of 4th Ave. in Dodge City.

During trial, prosecutors presented evidence that members of the Nortenos committed crimes including murder, attempted murder, conspiracy, assault, robbery and distribution of narcotics for the purpose of enriching themselves and creating a climate of fear in order to intimidate rival gang members and the general public.

 Sentencing is set for Jan. 6, 2014. The crimes carry the following penalties:

 Conspiracy: A maximum penalty of 20 years and a fine up to $250,000.
Violent crimes in furtherance of racketeering: A maximum penalty of 20 years and a fine up to $250,000; or a maximum penalty of 10 years and a fine up to $250,000 depending on the type of violent crime.
Murder in furtherance of racketeering: A maximum penalty of life in prison, and a fine up to $250,000.
Possession or discharge of a firearm in furtherance of a crime of violence: Not less than five years nor more than life and a fine up to $250,000..
Conspiracy to commit assault with a dangerous weapon in furtherance of racketeering: A maximum penalty of three years and a fine up to $250,000.

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

KANSAS CITY, KAN. – A Dodge City gang member has been sentenced to federal prison for conspiring to commit assaults with dangerous weapons in connection with a federal racketeering case, U.S. Attorney Barry Grissom said today.

Alfonso Banda-Hernandez, 21, Dodge City, Kan., was sentenced to six years in federal prison. He pleaded guilty to two counts of conspiracy to commit assaults with dangerous weapons, which were violent crimes in aid of racketeering. In his plea, he admitted he was a member of the Los Carnales Chingones gang affiliated with the Norteno gang on March 30, 2011, when he conspired to commit an assault with a firearm against George Gonzalez; and in April 2010 when he conspired to commit an assault with a beer bottle against a member of a rival gang.

In his plea, Banda-Hernandez admitted that on March 30, 2011, he and three other Norteno gang members encountered a Sureno gang member named George Gonzalez at a Love’s convenience store in Dodge City. Banda-Hernandez and the other Nortenos began throwing gang signs at Gonzalez and attempting to start a fight. Later that day, they again encountered Gonzalez and chased his car. One of the Nortenos fired shots at Gonzalez’s car.

Banda-Hernandez also admitted that in April 2010 he was with other Norenos when they encountered a member of the rival Sureno street gang in an alley in Dodge City. During a fight, one of the Nortenos used a beer bottle to strike a Sureno gang member in the head, injuring him.

Banda-Hernandez was one of 23 Norteno members 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.

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, Assistant U.S. Attorney Lanny Welch and Assistant U.S. Attorney Aaron Smith for their work on the case.

TOPEKA, KAN. – A man who was armed with a shotgun when he robbed a bank in Cloud County, Kan., has been sentenced to federal prison, U.S. Attorney Barry Grissom said today.

Eric Lee Strait, 24, formerly of Concordia, Kan., was sentenced to 28 months in federal prison. He pleaded guilty to one count of bank robbery. Strait was indicted in June 2012. The indictment alleged that on Nov. 14, 2008, he carried a shotgun when he robbed the Jamestown State Bank at 422 Walnut Street in Jamestown, Kan.

In May 2013, Ryan Michael Steinert, 24, Concordia,, Kan., was indicted on charges of conspiring with Strait to rob the bank. The indictment of Steinert alleged the two men worked together to plan the robbery. Strait was to do the robbery alone. Steinert agreed with Strait to steal a car to use in the robbery and to destroy the car after the robbery. On Nov. 13, 2008, Strait stole a 2002 Chevrolet Malibu in Clyde, Kan., to use in the robbery. Steinert helped prepare the car for the robbery. The two would later split the proceeds of the robbery.

In July 2013, Steinert pleaded guilty to one count of conspiracy to commit bank robbery. He is set for sentencing Oct. 9.

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

KANSAS CITY, KAN. – U.S. Attorney Barry Grissom, in conjunction with the U.S. Department of Justice Office of Community Oriented Policing Services (COPS), today announced funding awards for the District of Kansas.

The grantees and amount awarded include:

Cherokee County Sheriff’s Department: $105,631
Leavenworth Police Department: $125,000
Lenexa Police Department: $125,000
Ottawa Police Department: $125,000
City of Tonganoxie: $115,870
City of Valley Center: $95,011.

“In the wake of past tragedies, it's clear that we need to be willing to take all possible steps to ensure that our kids are safe when they go to school,” said Attorney General Eric Holder. “These critical investments represent the Justice Department's latest effort to strengthen key law enforcement capabilities, and to provide communities with the resources they need to protect our young people. Especially in a time of increased challenges and limited budgets, our top priority must always be the safety and well-being of our children.”

Overall the COPS Office funded awards to 263 cities and counties, aimed at creating 937 law enforcement positions. More than $125 million will be awarded nationally, including nearly $45 million to fund 356 new school resource officer positions.

“Keeping our children safe when they go to school is of critical importance and I am pleased to join the Attorney General and the COPS Office in announcing these grants which will help provide our communities with the resources needed to accomplish this vital mission,” said U.S. Attorney Barry Grissom.

“The COPS Office is pleased to assist local law enforcement agencies throughout the country address their most critical public safety issues,” said Joshua Ederheimer, Acting Director of the COPS Office. “Funding from this year’s program will allow many cities and counties to apply new sworn personnel to issues related to violent crime, property crime, and school safety.”

The COPS Hiring Program offers grants to state, local and tribal law enforcement agencies to hire or rehire community policing officers. The program provides the salary and benefits for officer and deputy hires for three years.

Grantees for the 2013 hiring program were selected based on their fiscal needs, local crime rates, and their community policing plans. There was an additional focus this year on agencies requesting assistance in developing school safety programs that would include the hiring of a school resource officer. School resource officer positions funded by the COPS Office are sworn law enforcement positions that work within a school district or facility, interacting directly with school administrators and students.   

The COPS Office is a federal agency responsible for advancing community policing nationwide. Since 1995, COPS has awarded over $14 billion to advance community policing, including grants awarded to more than 13,000 state, local, and tribal law enforcement agencies to fund the hiring and redeployment of approximately 125,000 officers and provide a variety of knowledge resource products including publications, training, and technical assistance.

For the entire list of grantees and additional information about the 2013 COPS Hiring Program, visit the COPS website at www.cops.usdoj.gov.

KANSAS CITY, KAN. - The manager of a restaurant in Ottawa, Kan., has been charged with harboring undocumented workers, U.S. Attorney Barry Grissom said today.

Alex Sanchez, Jr., 33, manager of El Mezcal Mexican Restaurant in Ottawa, Kan., is charged with four counts of harboring undocumented aliens for financial gain and five counts of encouraging undocumented aliens to reside in the United States for financial gain. The crimes are alleged to have occurred at various times from Sept. 7, 2011, to June 14, 2013, in Franklin County, Kan.

The indictment alleges the investigation began in June 2011 when the Department of Homeland Security received information that El Mezcal was not completing I-9 Employment Eligibility Verification forms as required. A DHS agent reviewed the restaurant’s reports and discovered the restaurant did not have I-9 forms for 14 employees. On Nov. 29, 2011, DHS served a final order on Sanchez requiring him to cease violations and pay a fine.

Sanchez continued to employee persons who were not lawfully in the United States. He provided housing for undocumented employees of the El Mezcal Restaurant in Ottawa and other restaurants affiliated with Tequila, Inc. He paid undocumented workers in cash.

 If convicted, he faces a maximum penalty of 10 years in federal prison and a fine up to $250,000 on each count. Immigration and Customs Enforcement investigated. Assistant U.S. Attorney Chris Oakley is prosecuting.

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

KANSAS CITY, KAN. - A Kansas City, Mo., man has been indicted on federal charges in connection with a robbery in Leawood in which a restaurant manager was shot, U.S. Attorney Barry Grissom said today.

Nicholas Martell McGinnie, 26, Kansas City, Mo., is charged with one count of armed robbery, one count of discharging a firearm during the robbery and one count of unlawful possession of a firearm after a felony conviction.

The indictment alleges that on Dec. 1, 2012, he robbed the McDonald’s restaurant at 4600 W. 119th Street in Leawood, Kan. During the robbery, a store manager was shot.

If convicted, McGinnie faces a maximum penalty of 20 years in federal prison and a fine up to $250,000 on the robbery charge; a penalty of not less than 25 years and a fine up to $250,000 on the charge of discharging a firearm during the robbery and a maximum penalty of 10 years and a fine up to $250,000 on the charge of unlawful possession of a firearm after a felony conviction. The Bureau of Alcohol, Tobacco, Firearms and Explosives investigated. Assistant U.S. Attorney Mike Warner is prosecuting.

OTHER INDICTMENTS    

Rafael Penaloza, 38, Kansas City, Kan., is charged with one count of conspiracy to distribute methamphetamine and 13 counts of distributing methamphetamine. The crimes are alleged to have occurred at various times from June 21, 2011, to March 20, 2012, 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 on the conspiracy count; not less than five years and not more than 40 years and a fine up to $5 million on two of the distribution counts; and not less than 10 years and a fine up to $10 million on each of the other distribution counts.The FBI investigated. Assistant U.S. Attorney David Zabel is prosecuting.

Carrie Anne Neel, 36, Newton, Kan., and Karen A. Parks, 50, Newton, Kan., are charged with four counts of distributing methamphetamine and one count of maintaining a residence at 801 E. 4th in Newton in furtherance of drug trafficking. The crimes are alleged to have occurred in February and March 2013 in Harvey County, Kan.

If convicted, he faces a maximum penalty of 20 years and a fine up to $1 million on each of the distribution counts and a maximum penalty of 20 years and a fine up to $500,000 on the charge of maintaining a residence in furtherance of drug trafficking. The Newton Police Department investigated. Assistant U.S. Attorney Matt Treaster is prosecuting.

Jason Giesy, 29, and Jeremy Harris, 31, are charged with one count of conspiracy to distribute more than 1,000 kilograms of marijuana. In addition, they are charged with one count of tampering with a witness. The crimes are alleged to have occurred in September 2013 in Sedgwick County, Kan.

If convicted, they face a penalty of not less than 10 years on the marijuana charge. The Drug Enforcement Administration, the Wichita Police Department, the Sedgwick County Sheriff’s Office and the Butler County Sheriff’s Office investigated. Assistant U.S. Attorney Debra Barnett is prosecuting.

John Michael Devosha, 23, is charged with two counts of unlawful possession of a firearm after a felony conviction. The crimes are alleged to have occurred Dec. 11, 2012, and May 18, 2013, in Kansas City, Kan.

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

Adan Rodriguez-Torres, 39, a citizen of Mexico, is charged with unlawfully re-entering the United States after being convicted of an aggravated felony and deported. He was found Sept. 16, 2013, in Sedgwick County, Kan.

If convicted, he faces a maximum penalty of 20 years in federal prison without parole and a fine up to $250,000. Immigration and Custom Enforcement’s Enforcement and Removal Operations and the Wichita Police Department investigated. Assistant U.S. Attorney Brent Anderson is prosecuting.

Hilda Jaimes-Nieto, 46, a citizen of Mexico, is charged with one count of making false statements to an agent of the Department of Homeland Security.

If convicted, she faces a maximum penalty of five years in federal prison without parole and a fine up to $250,000.  Immigration and Custom Enforcement’s Enforcement and Removal Operations and the Wichita Police Department investigated. Assistant U.S. Attorney Brent Anderson is prosecuting.

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

TOPEKA, KAN. - A Topeka man who was arrested in Omaha has been charged with bank robbery, U.S. Attorney Barry Grissom said today.

A criminal complaint was unsealed today charging Cade Michael Sharples, 36, Topeka, Kan., with one count of bank robbery. The complaint alleges that on Sept. 17 Sharples robbed the Kaw Valley Bank at 3000 SE Croco Road. According to an investigator’s affidavit, a white male entered the bank about 2:45 p.m. and gave a teller a piece of paper saying he was there to rob the bank and he had a gun. The robber told the clerk several times that he had a gun and ordered her to hurry up and “stop messing around.” The man left the bank with money in a black bag.

After investigators made public surveillance photos of the robber wearing a gray hoodie, a blue shirt and a blue University of Kansas baseball hat, they received tips that led them to Sharples.

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

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

TOPEKA, KAN. - A woman from Hays, Kan., has pleaded guilty to stealing more than $104,000 in government funds from Social Security and Medicaid, U.S. Attorney Barry Grissom said today.

Earlyne C. Weigel, 57, Hays, Kan., pleaded guilty to one count of theft of government money.
In her plea, she admitted that in March 2003 she began receiving benefits from Social Security. Her benefits were adjusted to take into account her household income, including income from her husband. In 2005, she went to the Social Security field office in Hays, Kan., and falsely reported that she no longer lived with her husband. As a result, from 2004 to 2010 she received more than $43,473 in Supplemental Security Income benefits to which she was not entitled. In November 2008, investigators interviewed her husband, who told them that he and his wife had never lived apart while married.

Weigel also applied for and received Medicaid coverage beginning in 2004. Her Medicaid coverage was contingent on her eligibility for Supplemental Security Income benefits. From 2004 to 2010 she fraudulently received more than $60,919 in Medicaid benefits.

Sentencing is set for Dec. 9. She faces a maximum penalty of 10 years in federal prison and a fine up to $250,000. Grissom commended the Social Security Administration, Office of Inspector General, Health and Human Services, Office of the Inspector General, the Medicaid and Fraud Abuse Division of the Kansas Attorney General’s Office and Special Assistant U.S. Attorney Trey Alford for their work on the case.

TOPEKA, KAN. - A Topeka man has been sentenced to seven years in federal prison for taking part in an armed robbery at a Little Caesars Pizza restaurant, U.S. Attorney Barry Grissom said today.

David Pierre Wigfall, 28, Topeka, Kan., pleaded guilty to aiding and abetting a robbery in which the robber brandished a firearm. In his plea, Wifgall admitted that on March 1, 2013, he drove a white Cadillac occupied by co-defendants Alonzo Nathan Lax, Johnnie Lee McCall and Jordan Lucas. At McCall’s direction, Lax agreed to rob Little Caesars Pizza at 2620 SW 6th Street, Suite B, in Topeka. Wearing a blue hooded sweatshirt, gloves and a black ski mask, Lax entered the restaurant, brandished a firearm and demanded money. A clerk saw him leave the restaurant and get into the passenger side of the Cadillac.

A few minutes later, officers of the Topeka Police Department found the Cadillac parked at a residence in the 1000 block of SW Plass and determined that it was registered to Wigfall. They kept watch on the car until he got in and drove away. When they stopped him they recovered a mask and coins from the robbery.

Co-defendants include: Johnnie Lee McCall, who is set for sentencing Oct. 7.
Jordan Christopher Lucas, who is set for sentencing Oct. 28.
Alonzo Lax, who is set for sentencing Oct. 7.

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

WICHITA, KAN. - A man from Pittsburg, Kan., has been sentenced to 157 months in federal prison for distributing methamphetamine, U.S. Attorney Barry Grissom said today.

Mac William Watkins, 36, Pittsburg, Kan., pleaded guilty to one count of conspiracy to distribute methamphetamine. In his plea, Watkins admitted that in May 2012 he conspired with co-defendants Tammy Baetke and Derek Edwards to distribute methamphetamine in Pittsburg.

On May 12, 2012, at 803 North Rouse in Pittsburg Watkins provided 35 grams of methamphetamine to Edwards. Edwards took the drugs on consignment and agreed to pay Watkins back from the proceeds of the sales. On May 14, he paid Watkins $450 on a prior $1,200 drug debt and Edwards was found to be in possession of 5 grams of methamphetamine. From April 2012 to May 15, 2012, Watkins provided four ounces of methamphetamine for Edwards to distribute.

On May 18, 2012, Watkins and co-defendant Tammy Baetke were stopped when returning from a trip to Oklahoma City where they had bought methamphetamine. They had more than 149 grams of methamphetamine in their possession.

Edwards was sentenced to 105 months in federal prison. Baetke was sentenced to 60 months in federal prison.

Grissom commended the Pittsburg Police Department, the Kansas Bureau of Investigation Southeast Kansas Drug Enforcement Task Force, the Crawford County Sheriff's Department, Assistant Kansas Attorney General Steven Wilhoft and Assistant U.S. Attorney Jason Hart for their work on the case.

TOPEKA, KAN. - A Wabaunsee County woman has been indicted on charges of embezzling from the Bio-Security Research Institute at Kansas State University, U.S. Attorney Barry Grissom said today.

Linda Kay Miller, 51, Alma, Kan., was charged in an indictment unsealed Sept. 20 with three counts of interstate transportation of fraudulently altered securities. The indictment alleges that the crimes took place while Miller 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 had access to checks that were sent to the institute by outside agencies and organizations. She 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 the fed-wire process to clear and negotiate the checks. The indictment identifies three specific checks Miller is alleged to have diverted: A check for $5,000 from the FSU Research Foundation in Tallahassee, Fla.; a check for $6,108.58 from the Frontline Healthcare Workers Safety Foundation in Atlanta, Ga.; and a check for $955 from J.M. Oconnor Inc., in Lenexa, Kan.

The government is seeking a money judgment of $16,523.58 against Miller.

If convicted, Miller faces a maximum penalty of 10 years and a fine up to $250,000 on each count. Investigating agencies include the FBI, the Kansas State University Police Department and the Wabaunsee County Sheriff’s Office. Assistant U.S. Attorney Richard Hathaway is prosecuting.

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

WICHITA, KAN. B A Rice County woman has been sentenced to two years federal probation in connection with a cattle fraud scheme, U.S. Attorney Barry Grissom said today. In addition, she was ordered to pay $80,487 in restitution.

Carrie L. Frederick, 37, Sterling, Kan., pleaded guilty to three counts of wire fraud. In her plea, she admitted she embezzled money while she worked for Sellers Farms, Inc., a livestock feeding operation in Lyons, Kan. She caused money to be sent from Sellers Farms’ accounts to Golden Belt Feeders, Inc., of St. John, Kan., to pay debts she owed from trading cattle when she worked for Golden Belt. Three transactions involved a total of more than $211,000 in embezzled funds.

Grissom commended the FBI and Assistant U.S. Attorney Lanny Welch for their work on the case.

TOPEKA, KAN. - Federal charges are filed against five men accused of robberies at Topeka businesses, U.S. Attorney Barry Grissom said today.
A federal indictment unsealed today in U.S. District Court in Topeka charges the men in connection with three armed robberies at local businesses including:

• Check Into Cash, 3711 S.W. Plaza Drive in Topeka, July 25, 2013.
• EZ Payday Advance, 2613 S.W. 21st in Topeka, July 29, 2013.
• Family Dollar, 2616 S.E. 6th in Topeka, Aug. 3, 2013.

Defendants named in the indictment are:

• Quartez Norwood, 31, Topeka, Kan., three counts of robbery and three counts of brandishing a firearm in connection with all three robberies.
• Henry Levelle Davis, 40, Topeka, Kan., two counts of robbery and two counts of brandishing a firearm in connection with the robberies at Check Into Cash and EZ Payday Advance.
• Robert Wayne Redmond, 41, Topeka, Kan., two counts of robbery and two counts of brandishing a firearm in connection with the robberies at Check Into Cash and EZ Payday Advance.
• Henry Earl Sirvira, 45, Topeka, Kan., two counts of robbery and two counts of brandishing a firearm in connection with robberies at EZ Payday Advance and Family Dollar.
• Xavier Leron Sims, 26, Topeka, Kan., one count of robbery and one count of brandishing a firearm in connection with the robbery at Family Dollar.

Topeka police and the FBI arrested Davis, Redmond and Sims on Thursday. Norwood and Sirvira are in custody in California and Utah respectively on unrelated charges.
If convicted, they face a maximum penalty of 20 years in federal prison and a fine up to $250,000 on each robbery count, and a penalty of not less than seven years and a fine up to $250,000 on each firearm charge. The Topeka Police Department and the FBI investigated. Assistant U.S. Attorney Jared Maag is prosecuting.

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

TOPEKA, KAN. - The U.S. Department of Justice has awarded public safety grants totaling almost $1 million to two Kansas Indian tribes, U.S. Attorney Barry Grissom said today.

The Prairie Band Potawatomi Nation has been granted $777,096. Another Kansas tribe, the Sac And Fox Nation of Missouri, has been granted $222,799.

“We’re increasing our efforts to support tribal communities and to build and sustain tribal justice systems,” Grissom said.

Grissom is attending a meeting of Attorney General Eric Holder’s Native American Issues Subcommittee in Celilo Village, Ore., where the grants were announced. The Justice Department awarded 192 grants to 110 American Indian tribes, Alaska Native villages, tribal consortia and tribal designated non-profits. The grants will provide more than $90 million to enhance law enforcement practices and sustain crime prevention efforts.

The grant to the Prairie Band Potawatomi from the Justice Department’s Office On Violence Against Women is targeted to help decrease the incidence of violent crime against Indian women and to ensure that perpetrators of violent crimes committed against Indian women are held accountable.
“Violence against native women continues at alarming rates and children in Indian country encounter violence far too often,” Grissom said.

The grant to the Sac And Fox Nation comes from the Alcohol and Substance Abuse Program overseen by the Office of Justice Programs. Tribes were encouraged to apply for funds to enhance tribal justice systems and support alcohol and substance abuse programs.

TOPEKA, KAN. - A Topeka man with a record of felony convictions has been indicted on federal gun and drug charges, U.S. Attorney Barry Grissom said today.

Dustin C. Lynch, 30, Topeka, Kan., is charged with one count of unlawful possession of a firearm after felony convictions, one count of unlawful possession of a firearm in furtherance of drug trafficking and one count of possession with intent to distribute methamphetamine. The crimes are alleged to have occurred Aug. 15, 2013, in Shawnee County, Kan.

The indictment alleges Lynch possessed a 9 mm pistol while he was prohibited under federal law from possessing a firearm because of prior felony convictions. The indictment cites prior felony convictions in 2008, 2009 and 2010 on charges including burglary, aggravated burglary and possession of methamphetamine.

If convicted, he faces a penalty of not less than 15 years in federal prison on the charge of unlawful possession of a firearm after a felony conviction; not less than five years on the charge of possession of a firearm in furtherance of drug trafficking; and a maximum penalty of 30 years and a fine up to $2 million on the drug charge. The Bureau of Alcohol, Tobacco, Firearms and Explosives investigated. Assistant U.S. Attorney Anthony Mattivi is prosecuting.

OTHER INDICTMENTS

Kenneth Leslie Lauter, Jr., 68, Kansas City, Kan., is charged with one count of receiving child pornography and one count of possessing child pornography. The crimes are alleged to have occurred Nov. 1, 2011, in Wyandotte County, Kan.

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 charge of receiving child pornography, and a maximum penalty of 10 years and a fine up to $250,000 on the possession charge. The U.S. Postal Inspection Service investigated. Assistant U.S. Attorney Christine Kenney is prosecuting.

Corey D. Cooley, 29, Junction City, Kan., is charged with failing to register as required by the federal Sex Offender Registration and Notification Act. The indictment alleges he was convicted in the state of Washington on a charge of first degree child molestation. The federal crime is alleged to have occurred from May 13 to Aug. 12, 2013, in Riley County, Kan.

If convicted, he faces a maximum penalty of 10 years and a fine up to $250,000. The U.S. Marshals Service investigated. Assistant U.S. Attorney Christine Kenney is prosecuting.

Ian Dominique Hudson, 25, is charged with unlawful possession of a firearm after a felony conviction. The crime is alleged to have occurred Sept. 26, 2012.

The indictment alleges he was convicted in Shawnee County District Court in 2006 on a felony charge of aggravated robbery.

If convicted, he faces a maximum penalty of 10 years and a fine up to $250,000. The FBI investigated. Assistant U.S. Attorney Jared Maag is prosecuting.

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

WICHITA, KAN.- Hutchinson Regional Medical Center, Inc., (formerly known as Promise Regional Medical Center – Hutchinson, Inc.) has agreed to pay $853,651 to the United States to settle allegations that the hospital submitted false claims to the Medicare program, U.S. Attorney Barry Grissom announced today. This payment is in addition to amounts the hospital previously refunded to the Medicare program for the claimed services. The payments to the United States total over $1.7 million. 

The hospital also entered into a corporate integrity agreement with the United States Department of Health and Human Services, Office of Inspector General.

The settlement resolves allegations by the United States concerning the hospital’s claims to Medicare for hyperbaric oxygen wound therapy services.  The procedure involves placing a patient’s entire body in a chamber of oxygen under increased atmospheric pressure. The United States contended that from March 23, 2007, through January 31, 2011, the hospital submitted claims to Medicare for hyperbaric oxygen wound therapy services that were not medically necessary or that lacked adequate documentation of medical necessity. The government also alleged that the claims resulted from kickback arrangements between the hospital, at least one of its physicians, and the company that supplied the chambers. 

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

“Today’s settlement demonstrates our continuing commitment to protect the integrity of the Medicare program,” Grissom said. “ It is the latest example of how the Office of Inspector General for HHS and this office work hard together to assure appropriate care to beneficiaries and recover improperly paid funds.”

Grissom commended the Department of Health and Human Services, Inspector General, and Assistant U.S. Attorney Jon Fleenor for their work on the case.

WICHITA, KAN. - A Wichita tax preparer has been sentenced to 36 months on federal probation for filing false tax returns, U.S. Attorney Barry Grissom said today.

Lata L. Tomlinson, 34, Wichita, Kan., was convicted in a jury trial in April on 19 counts of preparing false income tax returns for a total of 17 people during tax years 2007, 2008 and 2009.
During trial, prosecutors presented evidence that Tomlinson had a college degree in accounting and worked for various tax preparation companies before starting her own business in 2006 called Talking Taxes And More.

In tax returns she prepared, she falsely stated deductions for depreciation, home improvements, business repairs, contract labor, legal fees, home repairs, medical expenses, advertising, insurance, car and truck expenses, hay and grain expenses, cell phones and care of dependents.

Grissom commended IRS – Criminal Investigation, Assistant U.S. Attorney Matt Treaster and Assistant U.S. Attorney Jason Hart for their work on the case.

KANSAS CITY, KAN. - A Missouri tax preparer has pleaded guilty to preparing false income tax returns resulting in a total tax loss of more than $316,000, U.S. Attorney Barry Grissom said today.

Cynthia M. Raymond, Jackson, Mo., pleaded guilty to five counts of filing false tax returns and one count of aggravated identity theft. In her plea, she admitted submitting approximately 98 false tax returns under the names of 36 clients for the tax years 2007 through 2010. Her clients were not aware that she prepared returns including false deductions for business losses, charitable contributions, unreimbursed business expenses, medical expenses and false tax credits including education and residential energy credits.

She filed the returns electronically and provided her clients with different tax returns than she filed with the IRS. She routinely directed the Internal Revenue Service to deposit part of the refund to her clients’ accounts and to deposit the rest of the refund into her personal account.

Sentencing is set for Dec. 17. She faces a maximum penalty of 3 years in federal prison and a fine up to $100,000 on each count of filing a false tax return, and a maximum penalty of five years and fine up to $250,000 on the identity theft count. Grissom commended IRS-Criminal Investigation and Assistant U.S. Attorney Chris Oakley for their work on the case.

TOPEKA, KAN. - A Topeka man has pleaded guilty to federal bank fraud charges in connection with a plan to build an apartment complex in Junction City, U.S. Attorney Barry Grissom said today.
John Wyatt Duncan, Jr., 52, Topeka, Kan., pleaded guilty to two counts of bank fraud, one count of money laundering and one count of making false statements in documents required by the Employee Retirement Income Security Act (ERISA).

In court documents, Duncan was alleged to have obtained a $15.2 million construction loan for the purpose of constructing Quinton Pointe Apartments in Junction City. He was required to provide $1,225,000 in collateral. He signed a letter to the lender, University National Bank of Lawrence, Kan., falsely stating that lumber for the construction of the apartment complex, representing collateral for the loan, was prepaid in full and being held by Schmidt Builders, a company for which he was chief executive officer. He instructed employees of Schmidt Builders to create a false invoice in an amount of more than $1.3 million to a company he owned called Blue Jay Properties LLC in order to create the false appearance that Blue Jay Properties had prepaid Schmidt Builders for the lumber.

In another count, Schmidt Builders acquired a $12 million line of credit loan from Kaw Valley National Bank of Topeka and agreed to provide the bank with monthly financial reports. Duncan submitted reports to the bank containing false information about the age of certain accounts receivable and the amount of inventory on hand.

Sentencing is set for Dec. 16. He faces a maximum penalty of 30 years and a fine up to $1 million on each of the bank fraud counts, a maximum penalty of 10 years and a fine up to $250,000 on the money laundering and a maximum penalty of five years and a fine up to $250,000 on the count of making false statements. Grissom commended the Internal Revenue Service, Criminal Investigations Division; the Federal Deposit Insurance Corporation, Office of Inspector General; the Federal Reserve Board, Office of Inspector General; the U.S. Department of Labor and Assistant U.S. Attorney Duston Slinkard for their work on the case.

KANSAS CITY, KAN. - An Olathe man who trafficked in Mexican methamphetamine in the Kansas City, Kan., area faces a potential sentence of 18 years in federal prison, U.S. Attorney Barry Grissom said today.

Lorenzo Sepulveda, 34, Olathe, Kan., pleaded guilty to one count of conspiracy to distribute methamphetamine. In the plea agreement, both parties agreed to recommend a sentence of 18 years in federal prison.

In his plea, Sepulveda admitted he was identified during an investigation initiated by the Bureau of Alcohol, Tobacco, Firearms and Explosives into a methamphetamine distribution ring based in Kansas City, Kan. From May through October 2009 Sepulveda was involved in several transactions in which undercover agents bought methamphetamine from members of the conspiracy. In July 2009, for instance, undercover agents met conspirators in a parking lot of a McDonald’s restaurant and bought $6,750 worth of methamphetamine. Sepulveda told them the methamphetamine had come directly from Mexico.

Sentencing is set for Dec. 16. In addition to agreeing to a recommended 216-month sentence, Sepulveda consented to a money judgment against him of $125,000.

Grissom commended the Drug Enforcement Administration and Special Assistant U.S. Attorney Trent Krug for their work on the case.

TOPEKA, KAN. - Two men have been indicted on federal charges in connection with a robbery at a Red Robin restaurant in Topeka, U.S. Attorney Barry Grissom and Shawnee County District Attorney Chad Taylor announced today.

Derick Renee Crawford, 23, and Travis Jeremy Coffman, 35, both who are in federal custody, are charged with one count of robbery, one count of brandishing a firearm in the robbery, and one count each of unlawful possession of a firearm after a felony conviction.

The indictment alleges that on Aug. 18, 2013, Crawford and Coffman robbed the Red Robin Restaurant at 6230 S.W. Sixth Street in Topeka. According to court documents, Crawford and Coffman are alleged to have held the employees of the restaurant at gunpoint and threatened to kill them.

Grissom said that federal prosecutors are working with the Shawnee County District Attorney, the Topeka Police Department and the FBI on the case as part of a coordinated fight against violent crime.

“By working together, we are sending a message,” Grissom said. “Topeka is not intimidated. We will not be held at gunpoint. We will not live in fear. Armed criminals will be caught. They will be prosecuted. And if they are convicted they will go to prison.”

If convicted, the defendants face a maximum penalty of 20 years in federal prison and a fine up to $250,000 on the robbery count; a penalty of not less than seven years – consecutive to the sentence on the robbery count – and a fine up to $250,000 on the charge of brandishing a firearm; and a maximum penalty of 10 years each on the charge of unlawful possession of a firearm by a convicted felon.

The Topeka Police Department and the FBI investigated. Assistant U.S. Attorney Jared Maag is prosecuting.

WICHITA, KAN. - A Wisconsin man has pleaded guilty to taking part in a cyber-attack on Koch Industries in Wichita sponsored by a group known as Anonymous, U.S. Attorney Barry Grissom said today.

Eric J. Rosol, 37, Black Creek, Wis., pleaded guilty to one misdemeanor count of accessing a protected computer. In his plea, he admitted that on Feb. 28, 2011, he took part in a denial of service attack on the Web page of Koch Industries, Kochind.com. From Wisconsin, he used software called a Low Orbit Ion Cannon Code, which was loaded on his computer. He took part in the attack for approximately one minute. The attack, which was organized by a computer hacking group known as Anonymous caused Kochind.com to go offline for approximately 15 minutes.

Koch Industries had hired a consulting group to protect its Web sites at a cost of approximately $183,000. The parties agree that the cost attributed to the defendant’s attack is less than $5,000.

Sentencing is set for Dec. 2. He faces a maximum penalty of one year in federal prison, a fine of up to $100,000 and restitution in an amount to be determined by the judge. Grissom commended the FBI and Assistant U.S. Attorney Alan Metzger for their work on the case.

WICHITA, KAN. - The owner of a head shop in Wichita has been indicted on federal charges of distributing synthetic marijuana, U.S. Attorney Barry Grissom said today.

Brett Welch, 55, Hutchinson, Kan., owner of Mystic Planet at 2610 S. Seneca in Wichita, is charged with 13 counts of distributing a synthetic version of marijuana, which is a controlled substance. In addition he is charged with two counts of unlawful possession of a firearm after a felony conviction. The indictment alleges Welch sold synthetic marijuana to undercover buyers on April 17, April 19, April 24, April 26, May 1, May 10, May 29, June 14, July 2, July 17, July 18 and Aug. 7, 2013, in Wichita, Kan.

If convicted, he faces a maximum penalty of 20 years in federal prison and a fine up to $1 million on each drug count; and a maximum penalty of 10 years and a fine up to $250,000 on each of the other two counts. The Drug Enforcement Administration investigated. Assistant U.S. Attorney Aaron Smith is prosecuting.

OTHER INDICTMENTS

Jose E. Piceno, 33, Newman, Calif., and Mayra J. Piceno, 33, Newman, Calif., are charged in a superseding indictment with one count of conspiracy to commit money laundering, 44 counts of money laundering, one count of conspiracy to possess with intent to distribute methamphetamine and one count of distribution of methamphetamine. The crimes are alleged to have occurred at various times from April 25 to Oct. 31, 2011, in Sedgwick County, Kan.

If convicted, they face a maximum penalty of 20 years in federal prison and a fine up to $500,000 on each of the drug counts, and a penalty of not less than 10 years and a fine up to $4 million on each of the drug charges. The Drug Enforcement Administration investigated. Assistant U.S. Attorney Debra Barnett is prosecuting.

Marisela Ramirez, 24, and Jorge Rodriguez-Maciel, 44, are charged with one count of conspiracy to distribute methamphetamine. In addition Ramirez is charged with attempting to flush $3,880 in U.S. currency through the U.S. Marshals Service’s cellblock toilet and one count of attempting to damage property belonging to the U.S. Marshals Service. The drug conspiracy is alleged to have taken place beginning at a date unknown and continuing through June 19, 2013, in Johnson County, Kan. The other crimes are alleged to have occurred Aug. 27, 2013, in Wyandotte County.

If convicted, they face a penalty of not less than 10 years and a fine up to $4 million on the conspiracy charge. Ramirez faces a maximum penalty of six months and a fine up to $10,000 on the misdemeanor charge of flushing the currency and a maximum penalty of a year and a fine up to $200,000 on the misdemeanor charge of trying to government property. The Drug Enforcement Administration investigated. Assistant U.S. Attorney Debra Barnett is prosecuting.

Adan Gonzalez-Bello, 31, a citizen of Mexico, is charged with unlawfully re-entering the United States after being deported. He was found Aug. 28, 2013, 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’s Enforcement and Removal Operations investigated. Assistant U.S. Attorney Brent Anderson is prosecuting.

Juana Tapia-Duque, 35, a citizen of Mexico, is charged with unlawfully re-entering the United States after being deported. She was found Aug. 20, 2013, in Sedgwick County, Kan. She was found Aug. 20, 2013, in Sedgwick County, Kan.

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

Stacy L. Fisher, 40, Wichita, Kan., and Ashley C. Fisher, 30, Wichita, are charged with one count of possession with intent to distribute crack cocaine, two counts of unlawful possession of a firearm after a felony conviction; one count of unlawful possession of ammunition after a felony conviction; and one count of possession of a firearms in furtherance of drug trafficking. The crimes are alleged to have occurred Feb. 28, 2013, in Wichita, Kan.

If convicted, they face a maximum penalty of 20 years and a fine up to $1 million on the drug charge; a maximum penalty of`10 years and a fine up to $250,000 on each count of possession a firearm or ammunition after a felony conviction; and a penalty of not less than five years and a fine up to $250,000 on the count of possession of a firearm in furtherance of drug trafficking. The Sedgwick County Sheriff’s Office, the U.S. Marshals Service and the Bureau of Alcohol, Tobacco, Firearms and Explosives investigated. Assistant U.S. Attorney Lanny Welch is prosecuting.

Juan Ramon Castro-Izunza, 38, a citizen of Mexico, is charged with unlawful possession of a firearm by an alien not lawfully in the United States. The crime is alleged to have occurred Aug. 23, 2013, in Wichita, Kan.

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

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

WICHITA, KAN. - Two gang members have been sentenced to federal prison in connection with a federal racketeering case in Dodge City, U.S. Attorney Barry Grissom said today.

Joshua Flores, 25, Dodge City, Kan., was sentenced to 84 months in federal prison. He pleaded guilty to one count of brandishing a firearm in a crime of violence.

Hernan Quezada, 21, Dodge City, Kan., was sentenced to 33 months in federal prison. He pleaded guilty to one count of assault with a dangerous weapon, which was a violent crime in aid of racketeering.

In his plea, Joshua Flores admitted he was a member of the Los Carnales Chingones street gang affiliated with the Norteno street gang on June 8, 2009, when he and other gang members who were armed with firearms robbed a victim named Isidro Raleas-Velasquez and other persons.

The victims were at their home at 1005 Avenue E in Dodge City when Flores and three other men affiliated with the Nortenos broke into their residence armed with firearms. One of the Nortenos grabbed a victim, struck him in the head with a firearm and took him into another room. Flores joined the other Nortenos in going through the house looking for other residents to rob. The other Norteno beat the victim he took into the other room. During the robbery, Raelas-Velasquez was struck with a firearm in the head, causing a large laceration. After the robbery, Flores and the other Norteno gang members divided up the proceeds of the robbery.

In his plea, Hernan Quezada admitted he was a member of the Diablos Viejos (DV) street gang affiliated with the Norteno street gang when on Feb. 5, 2012, he assaulted a victim named Reyes Bocanegra. Quezada was at 1200 Avenue I in Dodge City when he got into a fight with Bocanegra’s brother, Oscar. The fight was soon joined by Reyes Bocanegra, aiding his brother, and two other DV gang members, aiding Quezada. Quezada struck Reyes Bocanegra in the head with a bottle, causing a laceration to the top of his head.

Flores and Quezada admitted that robberies, assaults and other crimes were part of the way Norteno gang members built their reputations and kept their rivals at bay.

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, Assistant Aaron Smith and Assistant U.S. Attorney Lanny Welch for their work on the case.

WICHITA, KAN. - An Oklahoma man has pleaded to robbing a bank in Cherokee County, Kan., U.S. Attorney Barry Grissom said today.
         
Thomas Hass, 44, Quapaw, Okla., pleaded guilty to one count of bank robbery. In his plea, he admitted that on July 22, 2013, he robbed the American Bank at 901 E. 7th Street in Galena, Kan. He entered the bank and asked a teller for a mortgage application form. Then he pulled a gun and said, “Give me all your money.” The tellers did not know that the weapon was a pellet gun that shoots rubber pellets. Hass was arrested after police released surveillance photos and received a tip leading them to him. Hass had approached a woman and told her that he recently had obtained a large amount of money and he wanted to take her to Las Vegas.

Sentencing is set for Nov. 25. He faces a maximum penalty of 20 years in federal prison and a fine up to $250,000.

Grissom commended the Galena Police Department, the FBI and Assistant U.S. Attorney Alan Metzger for their work on the case.

WICHITA, KAN. - A Wichita, Kan., man who was arrested in Hutchinson in January after a standoff with police has been sentenced to 10 years in federal prison, U.S. Attorney Barry Grissom said today.

Justin L. Wolke, 30, Wichita, Kan., pleaded guilty to one count of unlawful possession of a stolen firearm. In his plea, he admitted that on Jan. 9, 2013, he fled when police officers attempted to stop his car. There was a warrant for his arrest on a parole violation charge. He ran into a residence at 806 N. Monroe in Hutchison. After a standoff lasting several hours, he was arrested. Police seized a rifle from him. They determined the rifle, a Romarm/Cugir, 7.62 x 39, was reported stolen from a residence in Wichita in October 2012.

Grissom commended the Hutchinson Police Department, the Bureau of Alcohol, Tobacco, Firearms and Explosives and Assistant U.S. Attorney Lanny Welch for their work on the case.

WICHITA, KAN. - A Smith County, Kan., man pleaded guilty Monday to possessing and sending child pornography, U.S. Attorney Barry Grissom said. The man’s plea came after an unsuccessful effort to suppress evidence gathered by Internet service provider AOL.

Walter E. Ackerman, 56, Lebanon, Kan., pleaded guilty to one count of distributing child pornography and one count of possessing child pornography. In his plea, he admitted using AOL email to send child pornography to another user. The child pornography was detected by AOL using an automated image detection and filtering process that scans for malware, viruses and illegal images such as child pornography. AOL sent the information to the National Center for Missing and Exploited Children (NCMEC), which in turn notified the Kansas Internet Crimes Against Children (ICAC) Task Force in the Wichita/Sedgwick County Exploited and Missing Children’s Unit (EMCU).

Ackerman’s attorney moved to suppress the email evidence on the grounds that the evidence was obtained through an illegal search and seizure with AOL and NECMEC acting as government investigators without a search warrant. U.S. District Judge Eric Melgren ruled that neither AOL nor NCMEC are state actors and the Fourth Amendment against unreasonable search and seizure does not apply to them.

Sentencing is set for Nov. 24. He faces a penalty of not less than five years and not more than 20 years and a fine up to $250,000 on the distribution count and a maximum penalty of 10 years on the other count.

Grissom commended Immigration and Customs Enforcement, the Kansas Internet Crimes Against Children Task Force, the Wichita/Sedgwick County Exploited and Missing Children’s Unit and Assistant U.S. Attorney Jason Hart for their work on the case.

WICHITA, KAN. -- A Valley Center man has been sentenced to federal prison for a 2012 bank robbery, U.S. Attorney Barry Grissom said today.

Dlaney M. Nixon, 24, Valley Center, Kan., was sentenced to 140 months in federal prison. He pleaded guilty to one count of bank robbery. Nixon and two other defendants -- Henry J. Adams, III and Terry G. Revels -- were indicted in October 2012. Court documents alleged that on Oct. 15, 2012, the men robbed the Intrust Bank at 142 N. Ash in Valley Center. Nixon and Revels entered the bank wearing ski masks and hoodies and carrying black bags, Johnson waited outside in a white Cadillac to act as a lookout. They took money from bank tellers’ drawers and fled the bank.

Officers responding to the robbery located the Cadillac near 81st North and West Street in Valley Center and chased the car several miles before it stopped on Sheriden Court and the robbers fled on foot in different directions.

Nixon was arrested following a foot chase after he fled the car.

Co-defendant Terry G. Revels was sentenced to 235 months in prison.
Co-defendant Henry J. Adams, III, was sentenced to 140 months in prison.

Grissom commended the agencies that took part in the investigation including the Valley Center Police Department, the FBI, the Sedgwick County Sheriff’s Office, the Wichita Police Department, the Kansas Highway Patrol, the Park City Police Department, the Maize Police Department, the Kechi Police Department, the Haysville Police Department, the Colwich Police Department, the Andale Police Department, the Mount Hope Police Department and the State Parole Office, as well as Assistant U.S. Attorney David Lind, who prosecuted the case.

WICHITA, KAN.-- A Kansas man who pleaded guilty to an Internet sex crime that took place while he was in the Kansas Sexual Predator Treatment Program at Larned State Hospital has been sentenced to 10 years in federal prison, U.S. Attorney Barry Grissom said today.

Mark D. Brull, 39, Larned State Hospital, pleaded guilty to one count of transferring obscene material to a child. In his plea, he admitted that while he resided at Larned State Hospital he became friends with co-defendant Ryan J. Dancosse, a resident of Wichita. Brull provided Dancosse with the passwords to Brull's social networking profiles including Facebook, Twitter, Flickr and Youtube, as well as his email account. With Brull's knowledge and agreement, Dancosse found and copied images of pornography and then uploaded the images to Brull's accounts for others to see and discuss.

In April 2011, Brull and Dancosse began communicating with a 14-year-old boy living in Massachusetts. In April and May 2011 Brull communicated with the boy via email and telephone. Brull guided the boy to his social networking profiles on the Internet, where he knew Dancosse had uploaded pornography. The boy was able to view the images on his computer and then discuss them with Brull. The images included depictions of nude males performing sexual acts.

Co-defendant Ryan J. Dancosse, 40, Wichita, Kan., pleaded guilty to one count of receiving child pornography. He is set for sentencing Oct. 2.

Grissom commended the Kansas Internet Crimes Against Children Task Force, the Wichita Police Department and the Sudbury, Mass., Police Department , U.S. Attorney Jason Hart and Assistant Attorney General Steve Karrer of Kansas Attorney General Derek Schmidt’s office.

WICHITA, KAN. B Two men have been sentenced in separate federal cases for Social Security fraud, U.S. Attorney Barry Grissom said Monday.

The men, L. T. Baker, 54, Wichita, Kan., and Paul David Lieder, 40, Hillsboro, Kan., each had pleaded guilty to making false statements to the Social Security Administration in order to receive disability payments to which they were not entitled. Both were sentenced Monday in U.S. District Court in Wichita.

Baker was sentenced to one year in federal prison and was ordered to repay the Social Security Administration $66,354 -- benefits he received while claiming to be disabled. Baker had been gainfully employed since 2000 but used a second Social Security account number that had been issued to him in a slightly different name so that the Social Security Administration would not know he was employed. Baker's fraud came to light when the Kansas Department of Revenue discovered there were two Social Security numbers associated with Baker and reported that information to the Social Security Administration Office of Inspector General, which investigated both cases.

Lieder was sentenced to three years of probation and ordered to repay $24,000 to the Social Security Administration. He admitted using his father's Social Security number so that he could work without the Social Security Administration finding out. When Lieder's father applied for Social Security benefits, the Social Security Administration detected that Lieder had been using his father's number to defraud the disability program.

Grissom praised the Social Security Administration's Office of Inspector General for its investigation of the cases and Assistant U.S. Attorney Brent Anderson for his prosecution.