District of Kansas

TOPEKA, KAN. -- Topeka man has been sentenced to 78 months for bank robbery, U.S. Attorney Barry Grissom said today.
 
Robert Eugene Gibson, 27, Topeka, Kan., pleaded guilty to one count of bank robbery. Gibson admitted that on Feb. 22, 2013, he robbed the Lyndon State Bank at 1535 S.W. Fairlawn Road in Topeka. Officers of the Topeka Police Department arrested Gibson at a gas station eight blocks from the bank shortly after the robbery.

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

TOPEKA, KAN. -- A Topeka man has pleaded guilty to possessing a pipe bomb, U.S. Attorney Barry Grissom said today.

          Kyle C. Roe, 29, Topeka, Kan., pleaded guilty to one count of receiving and possessing a pipe bomb. In his plea, he admitted that on Nov. 13, 2012, officers of the Topeka Police Department stopped a car in which he was a passenger. Roe was arrested on an active felony warrant. He told officers that he had a bomb in his pocket. An examination showed the device to consist of metal tubing, PVC pipe, a cardboard tube, pyrotechnic fuse, paper and lead end plugs and smokeless powder. Explosion of the device would propel fragments of the tubes and end plugs in all directions at velocities that could cause serious injury or death to anyone near the explosion.

          Co-defendant Joseph E. Rogers, who was the driver of the car, is set for trial Nov. 13. He is charged with making the bomb.

          Roe is set for sentencing Nov. 26. He faces a maximum penalty of 10 years in federal prison and a fine up to $250,000. Grissom commended the Topeka Police Department, the Bureau of Alcohol, Tobacco, Firearms and Explosives and Assistant U.S. Attorney Richard Hathaway for their work on the case.

WICHITA, KAN. B Three members of a Dodge City street gang have been sentenced in a federal racketeering case, U.S. Attorney Barry Grissom said today.

Enrique Gobin, 24, Dodge City,was sentenced to 10 years.
Angel Cerda, 27, Dodge City, Kan., was sentenced to 78 months.
Jesus Torres, 29, Dodge City, Kan., was sentenced to 36 months

Gobin pleaded guilty to one count of aiding and abetting attempted murder, which was a violent crime in aid of racketeering. In his plea, he admitted that on March 30, 2011, he was involved in the attempted murder of a Sureno gang member. On the day of the crime, Gobin was with two fellow members of the Diablos Viejos gang -- Jesus Sanchez and Andrew Gusman -- and an LCC gang member named Alfonso Banda-Hernandez. All four of them were affiliated with the Nortenos street gang. At the east Love’s convenience store in Dodge City they encountered George Gonzalez, who was a known member of the rival Sureno gang. The two sides exchanged gang signs and slurs.

The Nortenos left the store and divided themselves into two cars. Gobin and Sanchez were in one car, with Gobin driving. They returned to the area of the store and pursued a car in which Gonzalez was riding. Near 1602 6th Ave., Gonzalez got out of his car and ran up an alley toward his girlfriend's residence. Sanchez fired at least two shots from a .40 caliber handgun at Gonzalez without hitting him.

Later, when officers of the Dodge City Police Department conducted a search of Gobin’s home, they found the gun used to shoot at Gonzalez.

Angel Cerda pleaded guilty to one count of aiding and abetting attempted murder, which was a violent crime in aid of racketeering. He admitted he was involved in an Oct. 4, 2008, incident in which two people were shot. In his plea, Angel Cerda admitted he was a Diablos Viejos (DV) gang member associated with the Norteno street gang when he accompanied two co-defendants in an attack at the home of a member of the rival Sureno gang. On Oct. 4, 2008, Cerda and two co-defendants gathered in a barn behind a house at 10770 Kettle Way near Dodge City, which was a hangout for the gang. Later that day, Cerda and the two co-defendants drove to the home of Abel Hernandez, a known Sureno gang member, and Rumalda Hipolito. Outside the home, Hernandez’s brother and others were drinking beer. One of the Nortenos began harassing them and shouting Norteno slogans. After someone threw a beer bottle at the Nortenos’ car, Cerda and the two co-defendants drove away.

Cerda and his associates obtained a firearm, an SKS or AK-47 style weapon, and returned to Hernandez's house, parking in an alley half a block away. They approached the house on foot where co-defendant Gonzalo Ramirez discharged multiple rounds from the firearm. The gunshots hit the house, striking Abel Hernandez and Rumalda Hipolito. Hipolito suffered a gunshot wound to the arm. Hernandez suffered a gunshot wound to the leg. Investigators found 19 bullet holes in the house and recovered 20 shell casings at the scene. After the shooting, Cerda and the two co-defendants returned to the house on Kettle Way, where they hid the car in the barn. Dodge City police arrested Cerda there.

Jesus Torres pleaded guilty to one count of aiding and abetting assault with a dangerous weapon, which was a violent crime in aid of racketeering. In his plea, he admitted he was a member of the Diablos Viejos on Aug. 27, 2011, when he urged his Norteno associates to join him in an assault on a group of people he mistakenly believed were members of the Surenos, a rival gang. The assault took place at 703 E. 9th Avenue in Dodge City. During the fight, two people were stabbed, Gabriel Rivera and Carlos Ramirez. Rivera's injuries were life-threatening, requiring a life-flight to a Wichita hospital.

The defendants were among 23 Norteno members to be indicted by a federal grand jury 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 Aaron Smith and Assistant U.S. Attorney Lanny Welch for their work on the case.

WICHITA, KAN. -- Four people in Wichita have pleaded guilty in a mortgage fraud case, U.S. Attorney Barry Grissom said today.

Christopher Ginyard, 27, Wichita, pleaded guilty to one count of wire fraud.
Henry Pearson, Jr., 28, Wichita, pleaded guilty to one count of bank fraud.
Janice Young, 26, Wichita, pleaded guilty to one count of wire fraud. Henry Pearson, Sr., Wichita, pleaded guilty to one count of wire fraud.

In their pleas, the four defendants said they were recruited to make home purchases by co-defendant Manjur Alam, who prepared loan applications in which the defendants made false statements to lenders.

Young admitted making false statements that she was employed and had consistent rental history. In fact, she had no job and no rental history. She also falsely stated that she intended to live in the property she was buying. In fact, she intended it to be rental property. Based on the false statements, Flagstar Bank made a wire payment of $76,299.50 to Lawyer's Title escrow account for the purchase of 2431 Lulu in Wichita.

Henry Pearson, Sr., made a false statement that he would live in the property he was buying. In fact, he rented it to a third party. Based on the false statements, Lehman Brothers Bank wired $138,330.55 to Lawyer's Title escrow for the purchase of 8431 Hildreth in Wichita.

Henry Pearson, Jr., submitted a false verification of rent and a false letter of credit and made a false statement that he intended to live in the property at 1510 N. Market in Wichita. When the home was eventually foreclosed on, the bank suffered a loss of $56,000.

Christopher Ginyard falsely identified two employments in his loan application and made a false statement that he intended to live in the property at 2050 Santa Fe in Wichita. Based on the false statements, First Tennessee Bank made a payment of $72,865.75 to Kansas Secured Title's escrow account.

Sentencing is set for Nov. 25. Each defendant faces a maximum penalty of 30 years in federal prison and a fine up to $1 million. Grissom commended the Department of Housing and Urban Development - OIG, the Federal Housing Finance Agency, the Internal Revenue Service and Assistant U.S. Attorney Aaron Smith for their work on the case.

KANSAS CITY, KAN. – A former Kansas man was ordered Tuesday to pay $54,926 in back taxes and placed on federal probation for three years for tax evasion, U.S. Attorney Barry Grissom

Kent Price, 57, Kingwood, Texas, pleaded guilty to one count of tax evasion. In his plea he admitted the crimes took place while he and co-defendant Donald Doleshal, 62, Driftwood, Texas, lived in Kansas and were partners and owners of Central States Underwater Contracting, Inc., (CSU), Central States Underwater, Limited (CSUL) and Pilecap, Inc. The companies inspected, surveyed and repaired underwater pipelines, piles, piers, docks and bridges.

In tax years 2002, 2003, 2004 and 2005, Price understated his personal  taxable income by a total of more than $340,000.

Price also admitted CSU and Pilecap paid personal expenses for Price and Doleshal that were deducted as business expenses on corporate taxes returns and were not reported as personal income. CSU paid for a Corvette and Saab that were drive by Price and Doleshal’s respective spouses.

Doleshal pleaded guilty to one count of tax evasion. He is set for sentencing Oct. 7.

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

KANSAS CITY, KAN. – A man who used to work for the Garmin company in Olathe, Kan., has been indicted on federal charges of stealing more than $1 million worth of GPS devices from the company, U.S. Attorney Barry Grissom said today.

Terrence M. Heathington, 31, currently of Atlanta, Ga., is charged with forty counts of mail fraud. The indictment alleges that the crimes were committed between March and September 2008 while Heathington worked as a warehouse material handler for Garmin International, Inc., in Olathe. He caused boxes of GPS devices to be shipped via commercial carrier to his residence and the residences of co-conspirators. He and other conspirators sold the GPS devices on eBay and through other means. He stole approximately 165 cases of Garmin GPS devices with a wholesale value of more than $1 million.

If convicted, he faces a maximum penalty of 20 years in federal prison and a fine up to $250,000 on each count. The U.S. Secret Service investigated. Assistant U.S. Attorney Chris Oakley is prosecuting.

OTHER INDICTMENTS

Derrick L. Freeman, 28, Kansas City, Kan., Joe Freeman, 33, Kansas City, Kan., and Jeffrey B. Jackson, 47, Kansas City, Kan., are charged in a superseding indictment with one count of conspiracy to commit armed robbery. In addition, Derrick Freeman and Jeffrey Jackson are charged with one count of brandishing and discharging a firearm. In addition, Derrick Freeman is charged with one count of carjacking, two counts of brandishing and discharging a firearm, and one count of unlawful possession of a firearm after a felony conviction. The crimes are alleged to have occurred in May 2013 in Kansas City, Kan.

The defendants initially were charged in a criminal complaint filed June 5 in U.S. District Court in Kansas City, Kan.

The indictment alleges the defendants arranged to buy synthetic marijuana from a man in Kansas City, Kan. Once at his home, they threatened him with a gun and stole his money.

Upon conviction, the crimes carry the following penalties: Conspiracy: A maximum penalty of 20 years in federal prison and a fine up to $250,000
Brandishing and discharging a firearm in a crime of violence: Not less than 10 years and not more than life and a fine up to $250,000 on each count. Conviction for a second or subsequent conviction: Not less than 25 years and a fine up to $250,000.
Carjacking: A maximum penalty of 15 years and a fine up to $250,000.
Unlawful possession of a firearm after a felony conviction: A maximum penalty of 10 years and a fine up to $250,000.

The Kansas City, Kan., Police Department investigated. Special Assistant U.S. Attorney Erin Tomasic and Special Assistant U.S. Attorney Trent Krug are prosecuting.

Adrian L. Brown, 29, is charged with escaping from federal custody at the Grossman Community Corrections Center, a halfway house located in Leavenworth, Kan.. The crime is alleged to have occurred Aug. 21, 2013.

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

Dale Ray Reiman, 53, Lawrence, Kan., is charged with one count of possession with intent to distribute methamphetamine, one count of unlawful possession of a firearm after a felony conviction, and one count of unlawful possession of a firearm in furtherance of drug trafficking. The crimes are alleged to have occurred Oct. 25, 2012, in Douglas County, Kan.

If convicted he faces a maximum penalty of 20 years in federal prison and a fine up to $1 million on the charge of possession with intent to distribute, 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 and a penalty of not less than five years on the charge of unlawful possession of a firearm in furtherance of drug trafficking. The Kansas City Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives investigated. Assistant U.S. Attorney Tris Hunt and Assistant U.S. Attorney Scott Rask are prosecuting.

Shawn Richard Seburn, 35, Topeka, Kan., is charged with one count of failing to register as required by the Sex Offender Registration and Notification Act. The crime is alleged to have occurred between April 15 and Aug. 21, 2013, in Shawnee County, Kan.

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

Johnathan Rush, 28, who is in federal custody, is charged with unlawful possession of a firearm after a felony conviction. The crime is alleged to have occurred July 27, 2013, in Topeka, Kan.

If convicted, Rush faces a maximum penalty of 10 years in federal prison and a fine up to $250,000. The Shawnee County Sheriff’s Office, the Lawrence Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives investigated. U.S. Attorney Barry Grissom is prosecuting.

Arthur D. Mitchell, 20, Kansas City, Kan., is charged with one count of unlawful possession of a firearm after a felony conviction. The crime is alleged to have occurred Aug. 21, 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 Kansas City, Kan., Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives investigated. Special Assistant U.S. Attorney Erin Tomasic is prosecuting.

Aarick M. Warren, 28, Kansas City, Mo., is charged with one count of conspiracy to distribute crack cocaine; two counts of distributing crack cocaine within 1,000 feet of Bethany Park in Kansas City, Kan.; one count of possession with intent to distribute crack cocaine within 1,000 feet of Bethany Park in Kansas City, Kan.; one count of maintaining a residence at 1026 Reynolds Avenue in Kansas City, Kan., in furtherance of drug trafficking; one count of unlawful possession of a firearm in furtherance of drug trafficking; one count of unlawful possession of a firearm after a felony conviction; and two counts of using a telephone in furtherance of drug trafficking. The crimes are alleged to have occurred at various times between Jan. 1, 2012, and Jan. 16, 2013, in Kansas City, Kan.

Upon conviction, the crimes carry the following penalties: Conspiracy: Not less than five years and not more than 40 years in federal prison and a fine up to $5 million.
Distributing crack cocaine within 1,000 feet of a public park: A maximum penalty of 40 years and a fine up to $4 million on each count.
Possession with intent to distribute crack cocaine within 1,000 feet of a public park: Not less than five years and not more than 80 years and a fine up to $10 million.
Maintaining a residence in furtherance of drug trafficking: A maximum penalty of 20 years and a fine up to $500,000.
Unlawful possession of a firearm in furtherance of drug trafficking: Not less than five years and a fine up to $250,000: A maximum penalty of 10 years and a fine up to $250,000.
Using a telephone in furtherance of drug trafficking: A maximum penalty of four years and a fine up to $30,000 on each count.

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.

WICHITA, KAN. – A Wichita man has been found guilty on a federal firearms charge, U.S. Attorney Barry Grissom said today.

Troy A. Bong, 44, Wichita, Kan., was tried in U.S District Court in Wichita and a jury found him guilty on one count of unlawful possession of a firearm after a felony conviction. During trial, the prosecutor presented evidence that Bong was arrested Dec. 22, 2012, when Wichita police stopped the car in which he was riding after it left a known drug house. The officer, who recognized Bong from a previous arrest, told him to step out of the car. When the officer tried to pat him down for weapons, Bong resisted and a fight developed. Officers found that Bong possessed knives and a handgun. Bong was prohibited from possessing a firearm because of prior felony convictions.

Sentencing is set for Nov. 18. Bong faces a penalty of not less than 15 years under the Armed Career Criminal Act. Grissom commended the Wichita Police Department and Special Assistant U.S. Attorney Michelle Jacobs for their work on the case.

WICHITA, KAN. – A Dodge City man has pleaded guilty to a charge of assault with a dangerous weapon in connection with a federal racketeering case, U.S. Attorney Barry Grissom said today.

Andrew Gusman, 21, Dodge City, Kan., pleaded guilty to assault with a dangerous weapon, which was a violent crime in aid of racketeering. In his plea, Gusman admitted that on March 30, 2011, he was with fellow Norteno gang members including co-defendants Alfonso Banda-Hernandez, Enrique Gobin and Jesus Sanchez. At a Love’s convenience store in Dodge City, they encountered George Gonzalez, who was a member of the rival Sureno gang. They threw gang signs at Gonzales and attempted to start a fight.

Later that day, they again encountered Gonzalez and began chasing his car. Gusman and Banda-Hernandez were in one car, and Gobin and Sanchez were in another car. During the case, Sanchez fired shots at Gonzalez. After the shooting, the four defendants met outside of town.

Sentencing is set for Nov. 18. He faces a maximum penalty of 20 years in federal prison and a fine up to $250,000. Gusman was one of 23 Norteno members to be 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. Gusman is the fifteenth defendant in the case to enter a guilty plea.

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. –A former officer of the Wichita Police Department and a co-defendant have pleaded guilty in a scheme to pay a bribe in an unsuccessful effort to keep the officer from losing her job, U.S. Attorney Barry Grissom said today.

Former officer Joletta Vallejo, 35, Wichita, Kan., and Patrick Melendrez, 40, Wichita, Kan., each pleaded guilty to one count of conspiracy to commit wire fraud. Vallejo was employed by the police department from Jan. 9, 2006, to Aug. 24, 2012. In her plea, she admitted that on Oct. 16, 2011, two citizens approached her to make a report they were victims of an aggravated robbery, aggravated kidnaping, aggravated battery and attempted first degree murder. Vallejo did not follow the police department’s policies in responding and filing their complaints.

As a result of her failure to follow department policies, Vallejo was investigated by the police department’s Professional Standards Bureau. When she was interviewed she lied to the investigators. When she became aware she was going to be fired, she and Melendrez devised a scheme to attempt to keep her job.

On Aug. 22, 2012, Vallejo created a Google Voice number in the name of co-defendant Melendrez. They used that number to call and text one of the citizens and offer him money to recant the statements he had made to police about Vallejo’s conduct. The citizen’s response was part of an undercover investigation.

Sentencing is set for Nov. 18. They face a maximum penalty of 20 years and a fine up to $250,000. Grissom commended the Wichita Police Department, the FBI and Assistant U.S. Attorney Debra Barnett for their work on the case.

WICHITA, KAN. – A Texas man has been sentenced for robbing a Wichita bank, U.S. Attorney Barry Grissom said today.

Lessie B. Cooper, Jr., 34, Fort Worth, Texas, was sentenced to 112 months in federal prison. Cooper pleaded guilty to the March 16, 2012, robbery of the Commerce Bank branch at 1701 S. Broadway in Wichita.

In his plea, Cooper admitted his brother, co-defendant Justin Cooper, drove him to the bank. Once inside, Lessie Cooper jumped over the counter and pointed a loaded rifle at the tellers. As he left the bank and was getting into the car a dye pack exploded, attracting the attention of a police officer sitting in her patrol car nearby. Police pursued Cooper’s car until it stopped at the intersection of Clark and Silver streets. Justin Cooper surrendered there, but Lessie Cooper fled on foot. Police eventually found him hiding under a bed in a residence in the 2100 block of South Silver.

Justin Cooper pleaded guilty to aiding and abetting a bank robbery and was sentenced 92 months in federal prison.

Grissom commended the Wichita Police Department, the FBI and Assistant U.S. Attorney Matt Treaster for their work on the case.

TOPEKA, KAN. – A woman who worked as an office manager for a Manhattan physician has been indicted on federal charges of unlawfully distributing oxycodone, U.S. Attorney Barry Grissom said today.

Sarah Harding-Huffine, 29, Manhattan, Kan., is charged with one count of conspiracy to unlawfully distribute controlled substances and one count of unlawfully distributing controlled substances. The indictment alleges Harding-Huffine used blank, pre-signed prescription forms to issue prescriptions for oxycodone, a Schedule II pain reliever.

Harding-Huffine worked for Dr. Michael P. Schuster at the New Medical Group PC, New Medical Group, Advisor’s Medical and Manhattan Pain and Spine located at 1135 Westport Drive in Manhattan. Schuster was indicted in May on charges of conspiracy to unlawfully distribute controlled substances and unlawfully distributing controlled substances.

Harding-Huffine was not a licensed health care provider and was not authorized to distribute controlled substances to Schuster’s patients. The indictment alleges she used blank prescription forms signed by Schuster to issue controlled substances. The indictment alleges 31 instances in which Harding-Huffine issued prescriptions for oxycodone while Schuster was out of the office traveling to other countries including Russia, South Africa, Canada, Uruguay, Chile, Argentina, Brazil, Israel and Paraguay.

If convicted, she faces a maximum penalty of 20 years in federal prison and a fine up to $1 million on each count. The FBI investigated. Assistant U.S. Attorney Tanya Treadway is prosecuting.

OTHER INDICTMENTS

James A. Greer, 41, Topeka, Kan., is charged with one count of distributing child pornography and one count of possessing child pornography. The crimes are alleged to have occurred in March and June 2012 in Shawnee County, 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 distributing child pornography and a maximum penalty of 10 years and a fine up to $250,000 on the possession charged. The FBI investigated. Assistant U.S. Attorney Christine Kenney is prosecuting.

Ki Nekyo McClinton, 29, Topeka, Kan., is charged with one count of failing to register as required under the Sex Offender Registration and Notification Act. The crime is alleged to have occurred in June and July 2013 in Shawnee County, Kan.

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

Majed Hussein Atieh, a U.S. citizen who resides in the Kingdom of Jordan, 51, is charged with two counts of falsely claiming to be a resident of Leawood, Kan., when purchasing firearms from a store in Kansas. The crimes are alleged to have occurred in December 2011 and October 2012 in
Overland Park, 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. The U.S. Attorney’s Office is prosecuting.

Urbano Garcia, 27, is charged with failing to appear for sentencing on a federal drug charge. He was scheduled to appear June 1, 2012, in U.S. District Court in Topeka.

If convicted, he faces a maximum penalty of 10 years and a fine up to $250,000. The Drug Enforcement Administration investigated. Assistant U.S. Attorney Duston Slinkard is prosecuting.

Lucas Villarreal, 22, is charged with failing to appear for sentencing on a federal drug charge. He was scheduled to appear Aug. 29, 2013, for sentencing in U.S. District Court in Topeka.

If convicted, he faces a maximum penalty of 10 years and a fine up to $250,000. The Drug Enforcement Administration investigated. Assistant U.S. Attorney Duston Slinkard is prosecuting.

Donald Lee Cohee, 25, Topeka, Kan., is charged with one count of failing to register as required under the Sex Offender Registration and Notification Act. The crime is alleged to have occurred from May to August 2013 in Shawnee County, Kan.

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

Richard Serafin, 44, is charged with one count of unlawful possession of a firearm after a felony conviction. The crime is alleged to have occurred Aug. 15, 2013, in Cloud County, Kan.

If convicted, he faces a maximum penalty of 10 years in federal prison and a fine up to $250,000. The Bureau of Alcohol, Tobacco, Firearms and Explosives investigated. Assistant U.S. Attorney 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 Topeka man has pleaded guilty to a federal charge of carrying a .40 caliber pistol in furtherance of drug trafficking, U.S. Attorney Barry Grissom said today.

Malik T. Yates, 20, Topeka, Kan., pleaded guilty to one count of unlawful possession of a firearm in furtherance of drug trafficking. In his plea, he admitted that on March 1, 2013, members of the Kansas Bureau of Investigation Task Force served a search warrant at his residence in Topeka. They seized methamphetamine, a .40 caliber pistol and $3,000 cash.

He is set for sentencing Nov. 18. He faces a sentence of not less than five years and not more than life and a fine up to $250,000.

Grissom commended the Kansas Bureau of Investigation, the Bureau of Alcohol, Tobacco, Firearms and Explosives and Assistant U.S. Attorney Richard Hathaway for their work on the case.

KANSAS CITY, KAN. – A tax preparer from Kansas City, Kan., has pleaded guilty to preparing false federal income tax returns for other people, U.S. Attorney Barry Grissom said today.

Kelly N. Kittrell, 42, pleaded guilty to count two of an indictment charging her with preparing false income tax returns. The indictment alleged Kittrell prepared false tax returns for 13 clients. Count two alleged that on April 6, 2009, she submitted a form 1040A for tax year 2008 in which she falsely stated that a client had received $13,859 in wages and paid $2,698 in taxes. As a result of the falsely claimed wages and tax payments, the tax return prepared by Kittrell fraudulently demanded a refund of $9,226, to which her client was not entitled.

Sentencing is set for Feb. 10, 2014. She faces a penalty of not more than three years in federal prison and a fine up to $250,000. Grissom commended IRS - Criminal Investigation, Justice Department Tax Division Trial Attorney Matthew Kluge and Assistant U.S. Attorney Scott Rask for their work on the case.

WICHITA, KAN. – A Dodge City gang member has pleaded guilty to a conspiracy charge in a federal racketeering case, U.S. Attorney Barry Grissom said today.

Eusebio Sierra-Medrano, 33, Dodge City, Kan., pleaded guilty to one count of conspiracy to commit crimes under the federal Racketeering Influenced and Corrupt Organizations Act. In his plea, he admitted that from 2008 to May 2012 he participated in a criminal conspiracy in Dodge City involving members of the Norteno street gang and their affiliates, the Diablos Viejos and Los Carnales Chingones. Sierra-Medrano was a member of the Diablos Viejos.

On March 29, 2010, he and fellow gang members assaulted a Sureno gang member named Jose Arreola. They encountered Arreola at a convenience store at 400 E. Wyatt Earp in Dodge City. After a fellow gang member attacked Arreola with the handle of a windshield wiper, Sierra-Medrano joined in with a knife. He stabbed Arreola multiple times. The stabbing was in retaliation for the prior stabbing of two Nortenos.

On the same day as the stabbing, Sierra-Medrano was found to be in possession with intent to distribute cocaine. In his plea, he admitted that during that time he was distributing cocaine he obtained from California. The stabbing and the drug trafficking helped him to maintain his position with the Norteno enterprise.

Sentencing is set for Nov. 4. He faces a maximum penalty of 20 years in federal prison and a fine up to $250,000.

Sierra-Medrano 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. Sierra-Medrano is the fourteenth defendant in the case to enter a guilty plea.

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 traveling medical worker has admitted infecting six patients in Kansas with Hepatitis C, including one who died, U.S. Attorney Barry Grissom said today.

David M. Kwiatkowski, 34, a former employee of Hays Medical Center in Hays, Kan., pleaded guilty in U.S. District Court in New Hampshire to seven counts of tampering with a consumer product and seven counts of obtaining controlled substances by fraud. At the same time, he agreed to have charges filed against him in Kansas – one count of tampering with a consumer product and one count of obtaining controlled substances by fraud – transferred to New Hampshire and he pleaded guilty to them as well. He is scheduled to be sentenced Dec. 3, 2013, by a federal judge in New Hampshire.

In his plea, Kwiatkowski admitted exposing patients in Kansas, New York, Pennsylvania, Maryland, Arizona, Georgia and New Hampshire to Hepatitis C, a blood-borne viral disease that is transmitted by exposure to infected blood. The disease, which can cause liver damage and other health problems, can be deadly. Kwiatkowski transmitted the virus by stealing fentanyl, which is a medication for pain, injecting the drug into his body, refilling a syringe with saline, and allowing the contents of the saline-filled syringe, which was tainted with Hepatitis C virus, to be injected into patients. In his plea, he admitted swapping syringes at least 20 times while he worked in Kansas.

Kwiatkowski was a radiologic technician who worked at several health care facilities in Michigan between 2003 and 2007. In November 2007, he became a “traveler,” working through placement agencies and taking short-term positions at various medical facilities. In May 2010 he worked at Hays Medical Center. While he was working there, a physician told him he had Hepatitis C. At least six patients who where treated at Hays during the time he worked there were found to be infected with a strain of Hepatitis C that has been genetically linked to the strain with which he is infected. One of the patients underwent cardiac catheterization on June 7 and July 12, 2010. A medical examiner has concluded that Hepatitis C played a role in contributing to that patient’s death.

As a result of Kwiatkowski’s actions, public health departments and the Centers for Disease Control and Prevention conducted a massive public health investigation. Public health authorities recommended that more than 11,000 people be tested for possible Hepatitis C infection,

Kwiatkowski will be sentenced by a federal judge in New Hampshire on both the New Hampshire and the Kansas charges. Based on the plea agreement, he faces a penalty of no less than 30 years and no more than 40 years in federal prison.

Grissom commended the U.S. Attorney’s Office for the District of New Hampshire, especially Assistant United States Attorney John Farley, the FBI, the Office of Criminal Investigations of the Food and Drug Administration, the Centers for Disease Control and Prevention, and Assistant U.S. Attorney Tanya Treadway for their work on the case.

WICHITA, KAN. – A former manager of wastewater facilities for the city of Hays, Kan., has been charged with violating the Clean Water Act, U.S. Attorney Barry Grissom said today.

Charles L. Blair, 57, Hays, Kan., is charged with four counts of making false statements about nitrogen levels in the effluent for the City of Hays. In three counts, Blair is alleged to have made false statements in Discharge Monitoring Reports. The reports significantly understated the amount of ammonia nitrogen in the city’s effluent. In another count, Blair is alleged to have falsely stated to agents of the Environmental Protection Agency that he had provided accurate reports to EPA. The crimes are alleged to have occurred in February, March and July 2012 in Hays, Kan.

The Clean Water Act regulates the discharge of pollutants from point sources to waters of the United States. More information on the law is available at: http://www2.epa.gov/laws-regulations/summary-clean-water-act

If convicted, Blair faces a maximum penalty of two years in federal prison and a fine up to $10,000 on each of the first three counts and a maximum penalty of five years and a fine up to $250,000 on the fourth count.

The Environmental Protection Agency investigated. Assistant U.S. Attorney Matt Treaster is prosecuting.

OTHER INDICTMENTS

Antoine Otano, 23, Wichita, Kan., is charged with one count of possession with intent to distribute cocaine, and one count of unlawful possession of a firearm in furtherance of drug trafficking. The crimes are alleged to have occurred May 25, 2009, in Sedgwick 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 $2 million on the cocaine charge, and a penalty of not less than five years – consecutive to the sentence on the other count – and a fine up to $250,000 on the firearm charge.

The Wichita Police Department and the Drug Enforcement Administration investigated. Special Assistant U.S. Attorney Michelle Jacobs is prosecuting.

Eleazar Marquez-Bencomo, 52, Garden City, Kan., is charged with one count of possession with intent to distribute cocaine and two counts of unlawful possession of a firearm in furtherance of a drug trafficking. The crimes are alleged to have occurred Aug. 1, 2013, in Finney 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 $2 million on the cocaine charge, and a penalty of not less than five years – consecutive to the sentence on the other count – and a fine up to $250,000 on each firearm count. The Finney County Sheriff’s Department, the Garden City Police Department and the Drug Enforcement Administration investigated. Special Assistant U.S. Attorney Michelle Jacobs is prosecuting.

Amos Becknell, 33, Wichita, Kan., is charged in a superseding indictment with one count of possession with intent to distribute cocaine, one count of unlawful possession of a firearm in furtherance of drug trafficking and three counts of unlawful possession of a firearm after a felony conviction. The crimes are alleged to have occurred April 1, 2011, in Sedgwick County, Kan.

If convicted, he faces a maximum penalty of 20 years and a fine up to $1 million on the cocaine count, a penalty of not less than five years, consecutive to the sentence on the cocaine count, and a fine up to $250,000 on the charge of possessing a firearm in furtherance of drug trafficking, and a maximum penalty of 10 years and a fine up to $250,000 on each of the charges on unlawful possession of a firearm after a felony conviction. The Wichita Police Department investigated. Special Assistant U.S. Attorney Michelle Jacobs is prosecuting.

Troy D. Benton, 43, Liebenthal, Kan., is charged with one count of possession with intent to distribute methamphetamine and one count of unlawful possession of a firearm after a felony conviction. The crimes are alleged to have occurred July 4, 2013, in Ellis 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 $2 million on the drug charge and a maximum penalty of 10 years and a fine up to $250,000 on the firearm charge. The Ellis County Sheriff’s Office investigated. Assistant U.S. Attorney Matt Treaster is prosecuting.

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

TOPEKA, KAN. – A Manhattan man has been sentenced to 42 months for robbing a convenience store in Manhattan, Kan., which set in motion a series of events leading ultimately to a deadly arson in which a Kansas State University researcher died, U.S. Attorney Barry Grissom said today.

Frank Joseph Hanson, 23, Manhattan, Kan., was sentenced after pleading guilty to one count of brandishing a firearm during a crime of violence. Hanson admitted that on Feb. 6, 2013, he robbed Dara’s Fast Lane, a convenience store in Manhattan.

Co-defendant Dennis James Denzien pleaded guilty to one count of aiding abetting a robbery. In his plea, Denzien admitted that he drove Hanson to Dara’s Fast Lane at 1816 Claflin Road in Manhattan. Wearing a mask and brandishing a revolver, Hanson entered the store. After Hanson robbed the store, Denzien drove him away from the scene of the robbery.

Later that day, Riley County Police Department officers served two search warrants at a residence where Denzien lived with another defendant, Patrick Martin Scahill. Ultimately, investigators recovered a mask, gloves, a backpack and a firearm used in the robbery.

While officers were working to obtain one of the warrants they served at Denzien’s residence, Hanson, Scahill, defendant Virginia Amanda Griese, defendant Gavin Hairgrove and another person met and discussed what would happen if the police searched the residence and how to distract police long enough for Scahill to re-enter the residence and remove incriminating evidence.

In the end, Griese drove Scahill to the Lee Crest Apartments at 820 Sunset Avenue in Manhattan. Scahill poured gasoline in a hallway of the building and set a fire, hoping to distract police from searching the residence, which was across the street from the apartments. Vasanta Pallem, a post graduate researcher at Kansas State University who lived on the third floor of the apartments, was overcome by smoke and died after she was unable to escape the burning building.

Other defendants include: Dennis James Denzien, who pleaded guilty to one count of aiding and abetting a robbery and was sentenced to 20 months in federal prison.
Patrick Martin Scahill, who pleaded guilty to arson resulting in a death and was sentenced to 360 months.
Virginia Amanda Griese, who pleaded guilty to arson resulting in a death and was sentenced to 240 months.
Gavin Taylor Hairgrove, who is set for trial Oct. 8.

Grissom commended all the investigators and law enforcement agencies that worked on the case, including the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Riley County Attorney’s Office, the Riley County Police Department, the Manhattan Fire Department, the Kansas State Fire Marshal’s Office, the Kansas Bureau of Investigations and the Pottawatomie County Sheriff’s Office, as well as Assistant U.S. Attorney Jared Maag, Special Assistant U.S. Attorney Barry Wilkerson and Special Assistant U.S. Attorney Barry Disney, who are prosecuting.

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

TOPEKA, KAN. – An accountant in Manhattan, Kan., has been sentenced to 33 months in federal prison for embezzling from a commercial construction company where he worked, U.S. Attorney Barry Grissom said today. He was ordered to pay more than $640,000 in restitution.

Larry D. Lord, 64, Manhattan, Kan., pleaded guilty to one count of mail fraud and one count of filing a false tax return. In his plea, Lord admitted the crimes occurred from 2005 to 2012 while he worked as an accountant for Cheney Construction Incorporated in Manhattan, Kan.

He used his position to embezzle funds from CCI’s bank account to pay his personal expenses, including his and his wife’s personal credit cards. Lord wrote checks on CCI’s bank account and mailed the checks to a credit card company. To conceal the crimes, he falsified the company’s check register log to make it appear the check was written to a legitimate payee. He wrote checks totaling $535,179. In addition he failed to report the embezzled funds on his federal income tax, resulting in taxes owed for 2006 through 2011.

Grissom commended the Internal Revenue Service, the FBI, the Pottawatomie County Sheriff’s Office and Assistant U.S. Attorney Christine Kenney for their work on the case.

KANSAS CITY, KAN. – U.S. Attorney Barry Grissom will join law enforcement and community leaders on Tuesday, Aug. 6, at the Night Out Against Crime. The event runs from 4 p.m. to 8 p.m. at the National Guard Armory near 18th and Ridge in Kansas City, Kan. Speakers begin at 6 p.m.

The event is part of the 30th Annual National Night Out, which is designed to heighten crime and drug prevention awareness, generate support for and participation in local anti-crime efforts; strengthen neighborhood spirit and police-community relationships; and send a message to criminals letting them know neighborhoods are organized and fighting back.

“Crime does not rule the night and criminals have no safe haven when the sun goes down,” Grissom said. “National Night Out is a perfect opportunity for neighbors to join with their law enforcement and community partners to send the message. I look forward to joining my colleagues on Tuesday to help spread the word that we are all in this together.”

National Night Out organizers are expecting more than 16,000 communities and 38 million people nationwide to take part in community events on Tuesday.

KANSAS CITY, KAN. – U.S. Attorney Barry Grissom will speak on immigration enforcement and civil rights during the third annual Statewide Civil Rights Symposium Friday, Aug. 9, at Johnson County Community College in Overland Park, U.S. Attorney Barry Grissom said today.

“We need to take a pragmatic approach to immigration enforcement that makes efficient use of our resources and recognizes the human rights of an estimated 11 million undocumented workers in this country,” Grissom said.

Grissom will be one of several speakers at the free, day-long event focusing on federal civil rights enforcement in Kansas. Featured speaker for the event will be Gretchen Eick Ph.D., professor emeritus of history at Friends University. She will draw upon her book, “Dissent in Wichita: The Civil Rights Movement in the Midwest, 1954-1972,” when she speaks. Through protests such as the sit-in at the Dockum Drugstore in Wichita in 1958, civil rights advocates applied pressure leading up to the landmark Civil Rights Act of 1964.

Grissom said this is the third year in a row his office has sponsored the symposium. The U.S. Department of Justice is responsible for upholding the civil and constitutional rights of all Americans. It enforces federal statutes prohibiting discrimination on the basis of race, color, sex, disability, religion, familial status and national origin.

Other presentations during the symposium will include a panel discussion on civil rights with panelists U.S. Attorney Barry Grissom; Gary Brunk, executive director of the ACLU of Kansas and Western Missouri, and Thomas Witt, executive director of the Kansas Equality Coalition.

The symposium is free and open to the public, but anyone who wants to attend must register. A registration form and more information is available on the U.S. Attorney’s Web site at www.justice.gov/usao/ks

Sponsors for the event include the U.S. Attorney’s Office for the District of Kansas, the U.S. Attorney’s Office for the Western District of Missouri, the Kansas Law Enforcement Training Center, the Public Safety Training Center at Johnson County Community College and the Regional Community Policing Training Institute at Wichita State University.

For more information call Jim Cross, public information officer, at 316-269-6481.

TOPEKA, KAN. – A man from Manhattan, Kan., has been sentenced to 20 months in federal prison for aiding and abetting an armed robbery that set in motion a series of events leading ultimately to a deadly arson in which a Kansas State University researcher died, U.S. Attorney Barry Grissom said today.

Dennis James Denzien, 20, Manhattan, Kan., pleaded guilty to one count of aiding and abetting a robbery. In his plea, Denzien admitted that on Feb. 6, 2013, he drove co-defendant Frank Joseph Hanson to Dara’s Fast Lane at 1816 Claflin Road in Manhattan. Wearing a mask and brandishing a revolver, Hanson entered the store. After Hanson robbed the store, Denzien drove him away from the scene of the robbery.

Later that day, Riley County Police Department officers served two search warrants at a residence where Denzien lived with another defendant, Patrick Martin Scahill. Ultimately, investigators recovered a mask, gloves, a backpack and a firearm used in the robbery.

While officers were working to obtain one of the warrants they served at Denzien’s residence, Hanson, Scahill, defendant Virginia Amanda Griese, defendant Gavin Hairgrove and another person met and discussed what would happen if the police searched the residence and how to distract police long enough for Scahill to re-enter the residence and remove incriminating evidence.

In the end, Griese drove Scahill to the Lee Crest Apartments at 820 Sunset Avenue in Manhattan. Scahill poured gasoline in a hallway of the building and set a fire, hoping to distract police from searching the residence, which was across the street from the apartments. Vasanta Pallem, a post graduate researcher at Kansas State University who lived on the third floor of the apartments, was overcome by smoke and unable to escape the burning building.

Other defendants include: Frank Joseph Hanson, who pleaded guilty to robbery and is set for sentencing Aug. 12.
Patrick Martin Scahill, who pleaded guilty to arson resulting in a death and was sentenced to 360 months.
Virginia Amanda Griese, who pleaded guilty to arson resulting in death and was sentenced to 240 months.
Gavin Taylor Hairgrove, who is set for trial Oct. 8.

Grissom commended all the investigators and law enforcement agencies that worked on the case, including the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Riley County Attorney’s Office, the Riley County Police Department, the Manhattan Fire Department, the Kansas State Fire Marshal’s Office, the Kansas Bureau of Investigations and the Pottawatomie County Sheriff’s Office, as well as Assistant U.S. Attorney Jared Maag, Special Assistant U.S. Attorney Barry Wilkerson and Special Assistant U.S. Attorney Barry Disney, who are prosecuting.

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

KANSAS CITY, KAN. – A professional hunter from Tennessee violated his federal probation and must spend a total of 30 days in Bureau of Prisons custody, U.S. Attorney Barry Grissom said today.

U.S. Magistrate Judge James P. O’Hara ruled that William “Spook” Spann, 50, Dickinson, violated the conditions of his release after his conviction for a misdemeanor Lacey Act violation in Kansas. O’Hara’s order states that Spann: – Continues on probation until Feb. 28, 2016.
– Is ordered to spend a total of 30 days during nights and weekends in the custody of the Bureau of Prisons between now and Feb. 28, 2014.
– Is ordered not hunt anywhere in the United States or the world until Aug. 1, 2014.

Last year, Spann pleaded guilty to transporting across state lines a white-tailed deer that was unlawfully taken in Stafford County, Kan. As part of the probation he was prohibited from hunting for six months, admonished not to commit any further federal crimes and ordered to pay a $10,000 fine and $10,000 restitution.

On June 10, the federal probation office in Kansas filed a petition alleging Spann violated his probation by hunting in Tennessee and violating a Tennessee law against baiting wildlife. O’Hara ruled that Spann violated the terms of his probation by hunting in the United States within six months of his sentencing and baiting turkeys in violation of Tennessee state law.

Grissom commended the U.S. Fish and Wildlife Services, the Tennessee Wildlife Resource Agency and Assistant U.S. Attorney Chris Oakley for their work on the case.

KANSAS CITY, KAN. – A Texas man has been indicted on a federal charge of sponsoring dog fighting, U.S. Attorney Barry Grissom said today.

Vertrick Jordan, 47, Tyler, Texas, is charged with one count of conspiracy to engage in an animal fighting venture. The indictment alleges that Jordan conspired with two other men to engage in animal fighting. The men are Pete Davis, Jr., and Melvin L. Robinson, who are scheduled for sentencing Sept. 9 after pleading guilty to a federal charge of transporting animals for participation in an animal fighting venture.

The indictment alleges Jordan and the others conspired to: – Acquire, breed and train pit bull dogs for the purpose of entering them in dog fights.
– Operate unlicensed kennels for pit bull dogs.
– Communicate between Kansas and Texas for the purpose of sponsoring dog fights.
– Collect forfeit fees from participants in dog fights.
– Sponsor and conduct illegal gambling and bookmaking activities as part of dog fights.
– Deny adequate and humane medical treatment to dogs injured and wounded in dog fights.
– Inhumanely abandon and destroy pit bull dogs who were severely injured in dog fights.

The indictment alleges that on March 23, 2013, Davis and Robinson left a motel where they were staying in Tyler, Texas, with a pit bull dog belonging to Robinson, and drove to Jordan’s residence in Tyler. They planned to enter the dog in an animal fighting venture. The animal fighting venture was a “two dog card” and a “grand championship” match in which each dog was required to have won four previous fights to qualify for the grand championship match. Jordan permitted a pit for dog fighting to be constructed on his property. Investigators observed two trophies next to the pit. Jordan maintained approximately ten pit bull dogs on his property for the purpose of breeding them and selling them.

If convicted, Jordan faces a maximum penalty of five years in federal prison and a fine up to $250,000.

The following agencies 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. Assistant U.S. Attorney Tris Hunt is prosecuting.

OTHER INDICTMENTS

Sudhir Dodda, 37, Allen, Texas, and Preetham Kodiripaka, 38, Allen, Texas, are charged with one count of conspiracy to commit visa fraud; four counts of making false statements on immigration documents, and one count of commercial carrier fraud and conspiracy to commit foreign labor contracting fraud. In addition, Kodiripaka is charged with 15 counts of mail fraud.

The indictment alleges Dodda and Kodiripaka, co-owners of INEK Technologies, LLC in Overland Park, Kan., made false statements on documents they submitted in order to obtain H-1B specialty work visas for a dozen foreign workers. The crimes are alleged to have occurred at various times from October 2004 to the present in Johnson County, Kan.

Upon conviction, the crimes carry the following penalties: Conspiracy: A maximum penalty of five years in federal prison and a fine up to $250,000.
Making false statements on immigration documents: A maximum penalty of 10 years and a fine up to $250,000 on each count.
Commercial carrier fraud and conspiracy to commit foreign labor contracting fraud: A maximum penalty of 20 years and a fine up to $250,000.
Mail fraud: A maximum penalty of 20 years and a fine up to $250,000 on each count.

The U.S. Department of Labor - Office of the Inspector General, Immigration and Customs Enforcement’s Homeland Security Investigations (HSI) and the Internal Revenue Service investigated. Assistant U.S. Attorney Chris Oakley is prosecuting.

Ian Sean Cahir, 40, Shawnee, Kan., is charged with three counts of misuse of a Social Security number and three counts of aggravated identity theft. The crimes are alleged to have occurred in August 2010 and January 2011 in Shawnee, Kan.

The indictment alleges Cahir used his six-year-old son’s Social Security number.

If convicted, he faces a maximum penalty of five years in federal prison without parole and a fine up to $250,000 on each count of misusing a Social Security number; and a mandatory two years to run consecutively to the underlying sentence on each count of aggravated identity theft. The Social Security Administration - Office of Inspector General investigated. Assistant U.S. Attorney Brent Anderson is prosecuting.

Jose Magana-Garcia, 42, a citizen of Mexico, is charged with unlawfully re-entering the United States after being deported. He was found July 23, 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 Removal Operations investigated. Assistant U.S. Attorney Brent Anderson is prosecuting.

Luis Zamarripa-Favela, 34, a citizen of Mexico, is charged with unlawfully re-entering the United States after being deported. He was found July 23, 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 Removal Operations investigated. Assistant U.S. Attorney Brent Anderson is prosecuting.

Martin Martinez-Perez, 39, a citizen of Mexico, is charged with unlawfully re-entering the United States after being deported. He was found July 26, 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 Removal Operations investigated. Assistant U.S. Attorney Brent Anderson is prosecuting.

Joel M. Lopez, 32, Wichita, Kan., is charged with one count of unlawful possession of a firearm after a felony conviction. The crime is alleged to have occurred July 30, 2013, in Sedgwick County, Kan.

If convicted, he faces a maximum penalty of 10 years in federal prison and a fine up to $250,000. The Wichita Police Department investigated. Special Assistant U.S. Attorney Michelle Jacobs 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 has been indicted on federal charges of sex trafficking of a child, U.S. Attorney Barry Grissom said today.

Dominique Emanuel Tyson, 23, Topeka, Kan., is charged with one count of sex trafficking of a child and one count of producing child pornography. The indictment alleges Tyson enticed a minor child to engage in a commercial sex act. It also alleges he enticed the child to engage in a sexual act for the purpose of producing child pornography. The crimes are alleged to have occurred June 9 and June 11, 2013, in Shawnee County, Kan.

If convicted, he faces a penalty of not less than 10 years and not more than life on the charge of the sex trafficking of a child, and a penalty of not less than 15 years and not more than life and a fine up to $250,000 on the charge of producing child pornography.

The Topeka Police Department and the FBI investigated. Assistant U.S. Attorney Christine Kenney is prosecuting.

OTHER INDICTMENTS

Arrick Warren, 28, Kansas City, Mo., is charged with one count of conspiracy to possess with intent to distribute crack cocaine, two counts of distributing crack cocaine within 1,000 feet of Bethany Park in Kansas City, Kan., one count of possession with intent to distribute crack cocaine within 1,000 feet of Bethany Park in Kansas City, Kan., one count of maintaining a residence in furtherance of drug trafficking at 1026 Reynolds Ave., which is within 1,000 feet of Bethany Park in Kansas City, Kan., one count of carrying a firearm in furtherance of drug trafficking, one count of unlawful possession of a firearm after a felony conviction, and two counts of using a telephone in furtherance of drug trafficking. The crimes are alleged to have occurred at various times in 2012 and 2013 in Kansas City, Kan.

Upon conviction the crimes carry the following penalties: Conspiracy to distribute crack cocaine: Not less than five years and not more than 40 years in federal prison and a fine up to $5 million.
Distributing crack cocaine within 1,000 feet of a playground: A maximum penalty of 40 years and a fine up to $2 million on each count.
Possession with intent to distribute crack cocaine within 1,000 feet of a playground: Not less than five years and not more than 80 years and a fine up to $10 million.
Maintaining a residence in furtherance of drug trafficking: A maximum penalty of 20 years and a fine up to $500,000.
Unlawful possession of a firearm in furtherance of drug trafficking: Not less than five years and not more than life and a fine up to $250,000.
Unlawful possession of a firearm after a felony conviction: A maximum penalty of 10 years and a fine up to $250,000.
Using a telephone in furtherance of drug trafficking: A maximum penalty of four years and a fine up to $30,000 on each count.

The Bureau of Alcohol, Tobacco, Firearms and Explosives investigated. Special Assistant U.S. Attorney Erin Tomasic is prosecuting.

John Moffat, 52, who is being held in the Russell County Jail, and Carter Moffat, 26, who is being held in the Russell County Jail, are charged with one count of possession with intent to distribute methamphetamine. The crimes are alleged to have occurred June 26, 2013, in Russell County, Kan.

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

Kalun James Purucker, 22, who is being held in the Saline County Jail, is charged with one count of unlawful possession of a firearm after a felony conviction. The crime is alleged to have occurred April 9, 2013, in Saline County, Kan.

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

Joshua M. Y. Valdivia, 25, who is currently in federal custody, is charged with one count of unlawful possession of a firearm after a felony conviction. The crime is alleged to have occurred June 13, 2013, in Shawnee County, Kan.

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

Troy A. Kurti, 20, who is in custody in the Shawnee County Jail, is charged with is charged with one count of unlawful possession of a firearm after a felony conviction. The crime is alleged to have occurred July 15, 2013, in Shawnee County, Kan.

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

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

WICHITA, KAN. – A man and two women have been charged with sex trafficking in Asian massage parlors in Wichita, U.S. Attorney Barry Grissom said today.

Gary H. Kidgell, 44, Waltham, Mass., is charged with two counts of conspiracy to commit sex trafficking and one count of conspiracy to transport a person in interstate commerce to engage in prostitution.
Yan Zhang, 49, Wichita, Kan., is charged with one count of conspiracy to commit sex trafficking and three counts of sex trafficking.
Xiuqing Tian, 42, Framingham, Mass., is charged with two counts of conspiracy to commit sex trafficking and one count of conspiracy to transport a person in interstate commerce to engage in prostitution.

The three defendants were named in a criminal complaint filed Friday in U.S. District Court in Wichita. An affidavit in support of the complaint included the following allegations: – The investigation began in 2010 when the Wichita Police Department began monitoring an internet Web site that provided a forum for patrons of sexually oriented businesses to post descriptions of their experiences and to discuss sexual acts and the costs.
– Some posts indicated individuals had received sexual acts in exchange for money at AG Spa at 2260 N. Ridge Road, Suite 150, in Wichita and Sun Chi Spa at 1030 E. 1st in Wichita.
– Police received complaints from citizens about a disturbance in the early morning hours at AG Spa. On May 20, 2010, police responded to a disturbance at AG Spa and found six persons involved in a fight including Gary Kidgell, the owner of AG Spa, Xiuqing Tian, an employee of the spa and Yan Zhang, as well as other persons.
– Kidgell and Zhang were married. Zhang was arrested in July 2013 for prostitution.
– Police officers working undercover confirmed that Asian female workers offered sex acts for money.
– Police served a search warrant and obtained a notebook containing handwritten Chinese-English translations for phrases commonly used in a massage spa, as well as sexually explicit phrases including, “Did you bring a condom?” They also seized written copy in Chinese for advertisements in newspapers in New York, Chicago and San Francisco offering “massage parlor hiring” in Kansas.
– Police interviewed Asian female workers who offered and performed sex acts for money. In those interviews they learned that Asian women came to Wichita to work in the massage parlors because they were told they would make a lot of money. Once in Wichita they found the work was hard and they did not earn as much as they expected. Some of them were told never to leave the business because the area around the stores was dangerous. Some of the women said they were allowed to keep money they made by performing sex acts.

Upon conviction, the crimes carry the following penalties: – Conspiracy to commit sex trafficking: A fine up to $250,000 and imprisonment of any term of years.
– Conspiracy to transport a person in interstate commerce for prostitution: A maximum penalty of 10 years in federal prison and a fine up to $250,000.
– Sex trafficking: Not less than 15 years and a fine up to $250,000 on each count.

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

KANSAS CITY, KAN. – A man from Kansas City, Kan., has been sentenced to10 years in federal prison for using the Internet to entice a 12-year-old girl in California to send him pictures of herself naked, U.S. Attorney Barry Grissom said today.

Robert Dobbertin, 40, Kansas City, Kan., pleaded guilty to one count of enticing a minor. In his plea, he admitted that in October 2008 a woman in Orange County, Calif., discovered that her 12-year-old daughter was involved in an on-line relationship with him.

The girl met Dobbertin through the Web site Teenspot.com. Dobbertin sent instant messages to the girl and talked sexually to her on the phone while engaged in masturbation. He asked for and received naked photographs of her. He asked her to perform sexual acts on herself. He sent her a video of himself masturbating and a digital photo of his penis.

When investigators served a search warrant at Dobbertin’s home in May 2009 they seized a computer containing child pornography and the records of two Yahoo! Messenger chats in which Dobbertin talked about his plans to travel to California to visit the girl and expressed a desire to have sex with her.

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

KANSAS CITY, KAN. – A Missouri man who coached youth tennis has pleaded guilty to soliciting a minor girl he coached to give him photos of herself naked, U.S. Attorney Barry Grissom said today.

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 his cell phone. In the fall of 2010 he began asking her to send him naked pictures of herself. He also sent her text messages stating that he was sexually aroused by her.

Sentencing is set for Oct. 28. Both parties have agreed to recommend to the judge a sentence of not less than 60 months and not more than 78 months in federal prison. Grissom commended the Overland Park Police Department, the FBI and Assistant U.S. Attorney Scott Rask for their work on the case.

WICHITA, KAN. – A Kansas man has pleaded guilty to an Internet sex crime that took place while he was in the Kansas Sexual Predator Treatment Program at Larned State Hospital

Mark D. Brull, 38, 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.

Sentencing is set for Oct. 4. Both parties have agreed to recommend to the judge a sentence of 10 years in federal prison.

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 Attorney General Steve Karrer of Kansas Attorney General Derek Schmidt's office.

WICHITA, KAN. – A Nigerian student who was convicted of possessing a firearm that he fired from a Wichita apartment balcony has been sentenced to an additional five years in prison for threatening the family of a federal agent, U. S. Attorney Barry Grissom announced Friday.

The Nigerian, Osayuwame Bazuaye, 22, had resided in Wichita since 2008, entering the United States on a student visa. Bazuaye attended Butler County Community College and Wichita State University. In January 2012 he was arrested and charged with unlawful possession of a firearm and ammunition. The charge was the result of an incident at Bazuaye’s apartment near 21st and Woodlawn in Wichita during which he fired a handgun from his balcony.

While in custody on those charges, in October 2012, Bazuaye allegedly threatened to sexually assault the wife and daughter of a deportation officer of Enforcement and Removal Operations (ERO), part of the U.S. Department of Homeland Security. He was convicted May 1 by a federal jury here of making those threats and was sentenced Friday by U.S. District Judge Eric F. Melgren. The judge ordered a 60-month sentence to run consecutively to the 24-month sentence he is serving in the firearms arms case.

“Our deportation officers, immigration agents and Homeland Security investigators tend to get overlooked for the difficult jobs they do,” Grissom said Friday. “They have the very difficult task of dealing with a wide range of immigration issues that most people know little or nothing about. I will not tolerate threats against immigration officers or any other federal law enforcement officers or their families.”

Bazuaye faces removal to Nigeria after he completes his federal prison sentence. Grissom praised ERO for its investigation of the case and Assistant U.S. Attorney Brent Anderson for his prosecution.

HUTCHINSON, KAN. – U.S. Attorney Barry Grissom will speak tonight at an event in Hutchinson to honor the Americans With Disabilities Act.

Grissom will be the featured speaker at the Americans With Disabilities Act (ADA) celebration at 7 p.m. today at George Pyle Park, 100 E. Avenue B. The event is being sponsored by the Prairie Independent Living Resource Center, Inc.

“The ADA has opened millions of doors for people with disabilities in this nation,” Grissom said. “It has revolutionized the way people think about people with disabilities.”

The U.S. Justice Department works to achieve equal opportunity for people with disabilities by implementing and enforcing the Americans With Disabilities Act. For more information about the event contact Roger Frishenmeyer at 620-474-3600.

WICHITA, KAN. – A Greenwood County man has been found guilty by a federal jury of unlawful possession of explosive materials, U.S. Attorney Barry Grissom said today.

Alfred C. Dutton, 67, Eureka, Kan., was convicted on one count of possession of an unregistered destructive device. During trial, prosecutors presented evidence that on Aug. 23, 2011, in Greenwood County, Kan., Dutton possessed grenade bodies and other parts for use in constructing a destructive device.

Sentencing will be set for a later time. Dutton faces a maximum penalty of 10 years in federal prison and a fine up to $250,000.

Grissom commended the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Greenwood County Sheriff’s Department, the Greenwood County Fire Department, the Wichita Police Department Bomb Squad, the Kansas State Fire Marshal’s Office, the Greenwood County Attorney’s Office, and Assistant U.S. Attorney Alan Metzger for their work on the case. The ATF had Special Agents, Special Agent/Certified Explosives Specialists, Explosives Enforcement Officers, Forensics Chemists and National Firearms Act personnel participate in the investigation.

WICHITA, KAN. – Four former bank employees are charged with embezzling from a bank in Grant County, Kan., and staging a robbery to cover the thefts, U.S. Attorney Barry Grissom said today.

Four former employees of Western State Bank in Ulysses, Kan., are charged in a federal grand jury indictment unsealed today. The defendants are:

Amber Gutierrez, 32, Ulysses, Kan., who is charged with two counts of embezzlement by a bank employee and one count of bank robbery.
Hattie Wiginton, 32, Ulysses, Kan., who is charged with two counts of embezzlement by a bank employee, one count of bank robbery, and one count of making a false statement to the FBI.
Ashley Cravens, 28, Ulysses, Kan., who is charged with two counts of embezzlement by a bank employee and one count of bank robbery.
Linda Wise, 59, Ulysses, Kan., who is charged with one count of embezzlement by a bank employee.

The indictment alleges: From 2008 to July 24, 2010, while Gutierrez was head teller and Wiginton and Cravens were clerks, they embezzled up to $84,200 from the bank.
On July 24, 2010, Gutierrez, Wiginton and Cravens staged a robbery at the bank, taking an undetermined amount of cash.
On July 24, 2010, Wiginton made false statements to the FBI, including false claims that she did not know who robbed the bank, that there were two robbers and that one of the robbers was a male with an Hispanic accent.
From late 2010 to March 2013, Gutierrez, Cravens and Wise, who were still bank employees, embezzled $24,450 from the bank. They created falsified cash deposit slips and deposited funds in their personal accounts.

If convicted, they face a maximum penalty of 30 years in federal prison and a fine up to $1,000 on the each count of theft by a bank employee; a maximum penalty of 25 years and a fine up to $250,000 on the charge of bank robbery; and a maximum penalty of five years and a fine up to $250,000 on the charge of making a false statement to the FBI. The FBI, the KBI, the Grant County Sheriff’s Office and the Ulysses Police Department investigated. Assistant U.S. Attorney Aaron Smith 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 has pleaded guilty to two commercial robberies, U.S. Attorney Barry Grissom said today.

Brendon R. Thompson, 26, Topeka, Kan., pleaded guilty to two counts of robbery. On Nov. 16, 2012, he robbed the EZ Payday Advance store at 2613 S.W. 21st Street in Topeka. On Jan. 17, 2013, he robbed the Family Dollar at 1313 S.W. 21st Street in Topeka.

Sentencing is set for Nov. 5. He faces a maximum penalty of 20 years in federal prison and a fine up to $250,000 on each count. Grissom commended the Topeka Police Department, the FBI and Assistant U.S. Attorney Jared Maag for their work on the case.

WICHITA, KAN. – A former branch manager at Landmark National Bank in Garden City, Kan., has been charged with embezzling more than $99,999 from the bank, U.S. Attorney Barry Grissom said today.

Sheri L. Green, 52, Garden City, Kan., was charged with one count of misapplication of bank funds. The indictment alleges that she stole the money from the bank over a period of time from Aug. 16, 2012, to Dec. 26, 2012.

If convicted, she faces a maximum penalty of 30 years in federal prison and a fine up to $250,000. The FBI investigated. Assistant U.S. Attorney Lanny Welch is prosecuting.

OTHER INDICTMENTS

Gonzalo Ramirez, 28, Dodge City, Kan., and Mariza Tinoco, 22, Dodge City, Kan., are charged with brandishing a firearm during an aggravated robbery, which was a crime of violence in aid of racketeering; and one count of unlawful possession of a firearm after a felony conviction. The crimes are alleged to have occurred July 24, 2008, in Dodge City, Kan.

If convicted, they face a penalty of not less than seven years in federal prison and a fine up to $250,000 on the charge of brandishing a firearm; and a maximum penalty of 10 years and a fine up to $250,000 on the other charge. The Dodge City Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives investigated. Assistant U.S. Attorney Lanny Welch is prosecuting.

Mario Diaz, 25, Wichita, Kan., and Vanity Johnson, 24, Wichita, Kan., are charged with one count of bank fraud and one count of aggravated identity theft. The indictment alleges the defendants used checks stolen from the home of an account holder and the account holder’s Social Security number to change the contact information on the account holder’s account at Intrust Bank and to forge and present for payment nine checks for a total of $12,253.31. The crimes are alleged to have occurred at various times from Feb. 4, 2013, to March 26, 2013, in Sedgwick County, Kan.

If convicted, they face a maximum penalty of 30 years and a fine up to $1 million on the bank fraud count, and a mandatory two years to run consecutively and a fine up to $250,000 on the identity theft charge. The Wichita Police Department and the U.S. Postal Service - OIG investigated. Assistant U.S. Attorney Debra Barnett is prosecuting.

Jimmie L. Banks, 50, Hutchinson, Kan., is charged with possession with intent to distribute methamphetamine. The crime is alleged to have occurred June 12, 2012, in Reno County, Kan.

If convicted, he faces a penalty of not less than five years and not more than 40 years in federal prison and a fine up to $5 million. The Hutchinson Police Department investigated. Special Assistant U.S. Attorney Michelle Jacobs is prosecuting.

Juan Carlos Triana-Mireles, 27, 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 June 21, 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. ICE’s Enforcement and Removal Operations investigated. Assistant U.S. Attorney Brent Anderson is prosecuting.

Sergio Tapia-Martinez, 39, a citizen of Mexico, is charged with one count of unlawfully re-entering the United States after being convicted of an aggravated felony and deported, one count of possession of false identification documents, and one count of aggravated identity theft. The crimes are alleged to have occurred June 10, 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 on the re-entry charge, a maximum penalty of 10 years and a fine up to $250,000 on the false document charge and a mandatory two years to run consecutively on the aggravated identity theft charge. Immigration and Customs Enforcement and the Kansas Department of Revenue investigated. Assistant U.S. Attorney Brent Anderson is prosecuting.

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

KANSAS CITY, KAN. – A Crawford County woman has pleaded guilty to receiving more than $45,000 in federal aid she did not qualify to receive, U.S. Attorney Barry Grissom said today.

Jody Gayle Simmons, 48, Arma, Kan., pleaded guilty to one count of theft of government funds. In her plea, she admitted to fraudulently receiving a total of $45,046 from the Social Security Administration's Supplemental Security Income program, the U.S. Department of Agriculture's food stamp program, the Temporary Assistance for Needy Families program funded by the U.S. Department of Health and Human Services, and a one-time stimulus payment made to her pursuant to the American Recovery and Reinvestment Act of 2009.

In her plea, she admitted to falsely reporting that her husband moved out of their residence so that his income would not disqualify her from receiving assistance.

Sentencing is set for November 6, 2013, at 1:30 p.m. 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 the Inspector General, and Special Assistant U.S. Attorney Trey Alford for their work on the case.

WICHITA, KAN. – A Wichita man has pleaded guilty to using stolen identities to file false tax returns, U.S. Attorney Barry Grissom said today.

Anthony Hopkins, 40, Wichita, Kan., pleaded guilty to one count of conspiracy to submit false tax claims. In his plea, he admitted to fraudulently collecting income tax refunds based on false tax returns. Hopkins prepared and filed tax returns knowing the claims were false and that he had no authority to file the claims or to collect the refunds. The tax returns were created using the identities of victims and the tax information forming the basis for the refunds were entirely false. The income tax refunds were deposited to pre-paid debit cards in the names of the victims whose identities were stolen. The cards were delivered to Hopkins.

Hopkins is set for sentencing Oct. 3. Co-defendant Ashley Allen, 24, Wichita, Kan., pleaded guilty to the same count. She is set for sentencing July 29. Each of them faces a maximum penalty of 10 years in federal prison and a fine up to $250,000. Grissom commended the Internal Revenue Service and Assistant U.S. Attorney Aaron Smith for their work on the case.

TOPEKA, KAN. – Two Topeka men have pleaded guilty in unrelated federal firearms cases, U.S. Attorney Barry Grissom said today.

Matthew L. Hoag, 22, Topeka, Kan., pleaded guilty to one count of unlawful possession of a firearm after a felony conviction. In his plea, he admitted that officers of the Topeka Police Department encountered him on March 21, 2013, after being called to a report of shots fired. Hoag was riding in the back seat of a car officers stopped in the 1100 block of SW Lincoln. They found him in possession of a .380 caliber handgun. At the time, Hoag was prohibited from possessing a firearm because he had been convicted in June 2010 in Jackson County District Court on a charge of possession of methamphetamine.

Tyrone J. Lewis, Sr., 34, Topeka, Kan., pleaded guilty on one count of unlawful possession of ammunition after a felony conviction. In his plea, he admitted that on Jan. 19, 2013, he called the Topeka Police Department to report that people were chasing him in a vehicle. When officers arrived in the 1600 block of SW Topeka they found Lewis in the intersection jumping back and forth as if he were avoiding multiple football tackles. Believing him to be under the influence of a narcotic, they placed him under arrest. They found four .45 caliber bullets in a plastic bag in his possession. At the time, he was prohibited from possessing ammunition because of prior felony convictions in Shawnee County District Court for aggravated robbery and attempted criminal possession of a firearm.

In both cases, sentencing is set for Nov. 5. Both defendants face a maximum penalty of 10 years in federal prison and a fine up to $250,000.

Grissom commended the Topeka Police Department, the Bureau of Alcohol, Tobacco, Firearms and Explosives and Assistant U.S. Attorney Richard Hathaway for their work on the cases.

WICHITA, KAN. – A Dodge City gang member has pleaded guilty to 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., 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.

Sentencing is set for Sept. 30. He faces a maximum penalty of three years in federal prison and a fine up to $250,000 on each count.

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. Banda-Hernandez is the thirteenth defendant in the case to enter a guilty plea.

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 Topeka man has pleaded guilty to federal firearms and drug trafficking charges, U.S. Attorney Barry Grissom said today.

Willie C. McNair, 26, Topeka, Kan., pleaded guilty to one count of possession with intent to distribute 3.1 kilograms (more than six pounds) of marijuana and one count of unlawful possession of a firearm after a felony conviction.

In his plea, McNair admitted that on Dec. 9, 2011, the Topeka Police Department executed a search warrant on his storage unit at Flex Self Storage, 447 SE 29th Street in Topeka. They found 3.1 kilograms of marijuana and two rifles and a handgun. At the time, McNair was prohibited by federal law from possessing a firearm because he had been convicted Nov. 21, 2011, in Shawnee County District Court on a charge of kidnaping.

Sentencing is set for Oct. 9. He faces a maximum penalty of five years in federal prison and a fine up to $250,000 on each count.

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

KANSAS CITY, KAN. – A Kansas City, Mo., man has pleaded guilty to bank robbery in Kansas, U.S. Attorney Barry Grissom said today.

Edward Davis, 31, Kansas City, Mo., pleaded guilty to one count of bank robbery. In his plea, he admitted that on July 13, 2012, he and other accomplices robbed Bank Midwest, 3500 Rainbow Blvd., in Kansas City, Kan. Brandishing a firearm he yelled that a robbery was taking place and ordered bank customers and employees to the floor. He pointed his gun at a bank teller. After the robbery, investigators released surveillance photos of the defendant and his accomplice, resulting in information that led to Davis’ arrest.

Sentencing is set for Oct. 7. The parties have agreed to recommend a sentence of 12 years in federal prison. Grissom commended the FBI, Assistant U.S. Attorney Jabari Wamble and Special Assistant U.S. Attorney Trent Krug for their work on the case.

KANSAS CITY, KAN. – A U.S. Postal Service employee in Kansas City, Kan., is charged with stealing pain pills that were being delivered to patients by mail, U.S. Attorney Barry Grissom said today.

Sherry Robertson, 40, Kansas City, Kan., is charged with five counts of theft of mail by a postal employee and one count of possession with intent to distribute Hydrocodone. The indictment alleges Robertson removed the pills from mail on Sept. 20, 2012, Jan. 25, 2013, March 1, 2013, April 13, 2013, and May 8, 2013.

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

OTHER INDICTMENTS

Wesley J. Kelley, 36, is charged with one count of unlawful possession of a firearm while under indictment, one count of unlawful possession of a firearm while a fugitive from justice, one count of theft occurring at Fort Leavenworth and one count of interstate transportation of a stolen vehicle. The crimes are alleged to have occurred in February and March 2013 in Douglas and Leavenworth counties in Kansas.

Upon conviction, the crimes carry the following penalties: Unlawful possession of a firearm while under indictment: A maximum penalty of five years in federal prison and a fine up to $250,000.
Unlawful possession of a firearm while a fugitive from justice: A maximum penalty of 10 years and a fine up to $250,000.
Theft occurring at Fort Leavenworth: A maximum penalty of five years in federal prison and a fine up to $250,000.
Interstate transportation of a stolen vehicle: A maximum penalty of 10 years and a fine up to $250,000.

The Lawrence Police Department; the U.S. Army Criminal Investigation Command, Fort Leavenworth; the Marion County Sheriff’s Office; and the White Springs (Florida) Police Department investigated. Assistant U.S. Attorney Leon Patton is prosecuting.

Bryan Schuck, 31, is charged with failing to register as required by the Sex Offender Registration and Notification Act. The crime is alleged to have occurred May 10, 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 U.S. Marshals Service investigated. Assistant U.S. Attorney Kim Martin is prosecuting.

Derek T. Brownlee, 35, Kansas City, Mo., is charged with one count of bank robbery. The indictment alleges he robbed the Metcalf Bank at 7800 College Boulevard in Overland Park on July 1, 2013.

Brownlee initially was charged in a criminal complaint filed July 2 in U.S. District Court in Kansas City, Kan.

If convicted, he faces a maximum penalty of 20 years and a fine up to $250,000. The FBI, the Overland Park Police Department and the Kansas City, Mo., Police Department investigated. Assistant U.S. Attorney Kim Martin is prosecuting.

Jose A. Aleman, 31, is charged with one count of unlawful possession of a firearm after a felony conviction. The crime is alleged to have occurred Jan. 9, 2013, in Wyandotte County, Kan.

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

Jesus Enrique Moreno, 25, is charged with one count of possession with intent to distribute methamphetamine. The crime is alleged to have occurred June 20, 2013, in Wyandotte County, Kan.

If convicted, he faces a maximum penalty of not less than 10 years in federal prison and a fine up to $250,000. The Drug Enforcement Administration investigated. Special Assistant U.S. Attorney Erin Tomasic is prosecuting.

Adrienne Lopez, 26, Pico Rivera, Calif., and Angela Marie Lopez, 34, El Monte, Calif., is charged with one count of possession with intent to distribute methamphetamine. The crime is alleged to have occurred June 21, 2013, in Seward County, Kan.

If convicted, they face a penalty of not less than 10 years and a fine up to $4 million. The Drug Enforcement Administration investigated. Special Assistant U.S. Attorney Michelle Jacobs 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 Wichita historian and author of an awarding-winning book on the civil rights movement in the Midwest will be the featured speaker at the U.S. Attorney’s third annual statewide Civil Rights Symposium Aug. 9 at Johnson County Community College in Overland Park, U.S. Attorney Barry Grissom said today.

Gretchen Eick Ph.D., professor emeritus of history at Friends University, will draw upon her book, “Dissent in Wichita: The Civil Rights Movement in the Midwest, 1954-1972,” when she speaks. Through protests such as the sit-in at the Dockum Drugstore in Wichita in 1958, civil rights advocates applied pressure leading up to the landmark Civil Rights Act of 1964.

Eick will be one of several speakers during the free, day-long event focusing on federal civil rights enforcement in Kansas. Grissom said this is the third year in a row his office has sponsored the symposium.

“This event is an opportunity for us to rededicate ourselves to the continuing struggle for equal rights, equal opportunity and equal justice,” said U.S. Attorney Barry Grissom. “We are inspired by the example of those before us who spoke out despite difficulty and danger.”

The U.S. Department of Justice is responsible for upholding the civil and constitutional rights of all Americans. It enforces federal statutes prohibiting discrimination on the basis of race, color, sex, disability, religion, familial status and national origin.

Other presentations during the symposium will include a panel discussion on civil rights with panelists U.S. Attorney Barry Grissom; Gary Brunk, executive director of the ACLU of Kansas and Western Missouri, and Thomas Witt, executive director of the Kansas Equality Coalition.

The symposium is free and open to the public, but anyone who wants to attend must register. A registration form and more information will be available on the U.S. Attorney’s Web site at www.justice.gov/usao/ks

Sponsors for the event include the U.S. Attorney’s Office for the District of Kansas, the U.S. Attorney’s Office for the Western District of Missouri, the Kansas Law Enforcement Training Center, the Public Safety Training Center at Johnson County Community College and the Regional Community Policing Training Institute at Wichita State University.

For more information call Jim Cross, public information officer, at 316-269-6481.

KANSAS CITY, KAN. – The owner of an Olathe drywall contracting company has been sentenced to two years in federal prison for failing to pay more than $370,000 in federal income taxes, U.S. Attorney Barry Grissom said today.

Marcos Bowman, 41, Olathe, Kan., pleaded guilty to one count of federal tax evasion. In his plea, he admitted he did not file an individual income tax return in 2007, 2008 and 2009 even though the company he owned, BCK Drywall, had gross receipts during those years of more than $7.9 million. Based on bank records and other sources, he owed at least $373,473 dollars in income tax during those years.

Bowman’s company installed drywall on new commercial projects such as hotels and apartments. Bowman paid for his personal expenses out of BCK’s bank accounts. He took actions to avoid taxes including paying for a girlfriend to purchase a $355,000 home in Olathe in her name and then transfer the property to the mother of his children. He also paid for the purchase of several vehicles in his girlfriend’s name.

He also failed to provide subcontractors who did work for his company with Form 1099s so they could report the income they received from him on their own tax returns.

Grissom commended IRS Criminal Investigation and Assistant U.S. Attorney Scott Rask for their work on the case.

TOPEKA – Two people have been sentenced to federal prison for setting a fire that killed a woman in an apartment complex in Manhattan, Kan., U.S. Attorney Barry Grissom said today.

Patrick Martin Scahill, 20, Manhattan, Kan., was sentenced to 30 years. Virginia Amanda Griese, 20, Manhattan, Kan., was sentenced to 20 years.

Both of them pleaded guilty to one count of arson resulting in death. In his plea, Scahill admitted he started the Feb. 6, 2013, fire at the Lee Crest Apartments at 820 Sunset Avenue in Manhattan that caused the death of Kansas State researcher Vasanta Pallem. Scahill admitted he started the fire in an effort to create a diversion that would prevent police from finding evidence in his residence of an armed robbery and other crimes.

“This case is a tragic story,” said U.S. Attorney Barry Grisom. “A promising young woman who came to the United States to further her education died in a fire deliberately set by a young man who gave no thought to her or the other people whose lives he was endangering.”

“Arson is a violent crime with often devastating results. In this case, a life was lost,” said ATF Special Agent in Charge Marino F. Vidoli. “ATF is proud to have worked with our state and local partners to bring these defendants to justice.”

The sequence of events began in the late evening hours of Feb. 5 when Scahill’s associates, Frank Joseph Hanson and Dennis James Denzien, conspired to commit a robbery at Dara’s Fast Lane, a convenience store in Manhattan. Early in the morning hours of Feb. 6, Hanson and Denzien robbed Dara’s Fast Lane. Denzien was the driver. Hanson entered the store brandishing a .22 caliber pistol owned by Scahill.

At about 6 p.m. that day, Riley County Police were dispatched to a disturbance call and knocked on the door of the residence where Scahill lived. Denzien and Hanson also were at the residence when police arrived. After police noticed a strong odor of marijuana from the residence, they told Scahill and the others they were going to seek a warrant to search the residence. Scahill, Denzien and Hanson left the residence while police were working to obtain a warrant.

Meeting together later, Scahill, Denzien, Hanson and Griese discussed the likelihood that police would find narcotics, a firearm and items associated with the robbery at Dara’s Fast Lane once they searched Scahill’s residence. They discussed ways to divert the attention of law enforcement officers long enough for Scahill to re-enter the residence and remove the incriminating evidence.

In the end, Griese, a friend named Gavin Hairgrove, and another person, drove to a Walmart where Griese bought a five-gallon gas can. Then they went to a HyVee gas station where Hairgrove worked and Griese pumped 4.7 gallons of gas into the can. She paid for it with her debit card.

Later, Scahill and Griese drove around looking for something to burn. They chose the Lee Crest Apartments, a three-level, 12-unit apartment complex within sight of Scahill’s apartment. Scahill entered the building. He emptied the contents of the gas can in the lower level hallway, set the fire and left the building.

As the fire burned, a thick, black smoke rose through the building, forcing tenants out of their apartments through windows and out of balconies. Vasanta Pallem was unable to escape the building. She worked her way from her apartment on the top floor of the building to the first floor where she died near the east entrance of the complex. An autopsy showed she died from breathing fumes during the fire. The carbon monoxide saturation in her system was over 50 percent, more than enough to kill her.

After setting the fire, Scahill and Griese went to Griese’s apartment where Scahill cleaned up and discarded clothes soaked in gasoline. Hairgrove assisted Scahill in disposing of his shoes, which reeked of gasoline.

Later, investigators looking into the arson received tips that led them to Scahill.

Other defendants include: Frank Joseph Hanson, 23, Manhattan, Kan., who has pleaded guilty and is set for sentencing Aug. 12.
Dennis James Denzien, 20, Manhattan, Kan., who pleaded guilty and is set for sentencing Aug. 12.
Gavin Taylor Hairgrove, 19, Manhattan, Kan., who is awaiting trial.

Grissom commended all the investigators and law enforcement agencies that worked on the case, including the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Riley County Attorney’s Office, the Riley County Police Department, the Manhattan Fire Department, the Kansas State Fire Marshal’s Office, the Kansas Bureau of Investigations and the Pottawatomie County Sheriff’s Office, as well as Assistant U.S. Attorney Jared Maag, Special Assistant U.S. Attorney Barry Wilkerson and Special Assistant U.S. Attorney Barry Disney, who are prosecuting.

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

TOPEKA, KAN. – Fifteen defendants have been indicted on drug charges as a result of a federal drug trafficking investigation in Topeka, U.S. Attorney Barry Grissom said today.

Federal prosecutors Monday unsealed indictments alleging the defendants were part of a conspiracy to distribute methamphetamine in the Topeka area. Investigators served search warrants and made arrests in the case July 2.

Named in the indictments are: Francisco J. Granado, Sr., 44, Emporia, Kan., who is charged with one count of conspiracy to distribute methamphetamine and four counts of using a phone in furtherance of drug trafficking.
Arturo Favela-Gomez, 36, Topeka, Kan., who is charged with one count of conspiracy to distribute methamphetamine, four counts of distributing methamphetamine and 16 counts of using a phone in furtherance of drug trafficking.
Ismael Murillo-Nunez, 50k, Topeka, Kan., who is charged with one count of conspiracy to distribute methamphetamine, one count of distributing methamphetamine and 11 counts of using a phone in furtherance of drug trafficking.
Saul Salas-Gomez, 29, Topeka, Kan., who is charged with one count of conspiracy to distribute methamphetamine and five counts of using a phone in furtherance of drug trafficking.
Miguel Adame-Regino, who is charged with one count of conspiracy to distribute methamphetamine, two counts of distributing methamphetamine and four counts of using a phone in furtherance of drug trafficking.
Juan Carlos Flores-Rodriguez, 32, Grand Island, Neb., who is charged with one count of conspiracy to distribute methamphetamine and three counts of using a phone in furtherance of drug trafficking.
Chela Murillo, Topeka, Kan., who is charged with one count of conspiracy to distribute methamphetamine and three counts of using a phone in furtherance of drug trafficking.
Gustavo Gonzalez-Valadez, 26, Topeka, Kan., who is charged with one count of conspiracy to distribute methamphetamine and two counts of using a phone in furtherance of drug trafficking.
Jamie (last name unknown), who is charged with one count of conspiracy and four counts of using a phone in furtherance of drug trafficking.
Jerman Aldava, 28, Dodge City, Kan., who is charged with one count of conspiracy to distribute methamphetamine and nine counts of using a phone in furtherance of drug trafficking.
Jessica Howard, 30, Topeka, Kan., who is charged with one count of conspiracy to distribute methamphetamine and six counts of using a phone in furtherance of drug trafficking.
Robert Lovgren, 56, Manhattan, Kan., who is charged with one count of conspiracy to distribute methamphetamine and three counts of using a phone in furtherance of drug trafficking.
Lupita Gomez, 32, Kansas City, Kan., who is charged with one count of conspiracy to distribute methamphetamine.
Nancy Gutierrez-Soto, Topeka, Kan., who is charged with one count of conspiracy to distribute methamphetamine and two counts of using a phone in furtherance of drug trafficking.
Raul Cortes-Ponce, 52, Kansas City, Kan., who is charged with one count of conspiracy to distribute methamphetamine and five counts of using a phone in furtherance of drug trafficking.

Upon conviction, the crimes carry the following penalties: – Conspiracy: Not less than 10 years in federal prison and not more than life and a fine up to $10 million.
– Using a phone in furtherance of drug trafficking: A maximum penalty of four years and a fine up to $250,000 on each count.

The Drug Enforcement Administration and the Topeka Police Department investigated. Also assisting were the Kansas Highway Patrol, the Emporia Police Department, the Bureau of Alcohol, Tobacco, Firearms and Explosives and Immigration and Customs Enforcement.

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

TOPEKA, KAN. – Nine students from Nepal who attended Kansas State University have been indicted on charges of visa fraud and conspiracy, U.S. Attorney Barry Grissom said today.

A grand jury indictment unsealed today alleges the students conspired to maintain their non-immigrant visas by making false statements that they possessed funds to pursue their proposed course of study and support themselves and their dependents. The defendants, each of whom is charged with one count of conspiracy to commit visa fraud and 25 counts of visa fraud, are:

Mahendra Thapa, 33 years old.
Khem Acharya, 41 years old.
Raj Kumar Dani, 37 years old.
Santosh Ghimire, 37 years old.
Lila Ballav Pandey, 41 years old.
Laxman Pokhrel, 37 years old.
Keshar Prasain, 38 years old.
Govind Paneru, 32 years old.
Narayan Chapagain, 43 years old.

The indictment alleges that beginning in the fall of 2008 all nine students obtained temporary possession of financial resources for the purpose of obtaining statements from financial institutions to support their false claims that each personally had the needed funds. Each of the students temporarily obtained funds from fellow Nepalese students and deposited the funds in their bank accounts. After obtaining a notarized bank letter, they returned the funds to the other students.

If convicted, each of the defendants faces a maximum penalty of 10 years in federal prison and a fine up to $250,000 on each count. U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI) investigated the case. 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 Cloud County man has pleaded guilty to planning a 2008 bank robbery in Jamestown, Kan., U.S. Attorney Barry Grissom said today.

Ryan Michael Steinert, 24, Concordia, Kan., pleaded guilty to one count of conspiracy to commit bank robbery. In his plea, he admitted he conspired with co-defendant Eric Lee Strait to rob the Jamestown State Bank on Nov. 14, 2008. Strait entered the bank about 9:45 a.m. wearing a mask and brandishing a Remington, 12 gauge, pump-action shotgun. He filled a duffle bag with money and drove away.

Weeks before the robbery, Steinert conspired with Strait to plan the crime. Steinert admitted the following acts: – Accompanying Strait as Strait stole the shotgun used in the robbery.
– Driving Strait to where the stolen car was hidden and helping to position the car prior to the robbery
– Helping wipe down the stolen vehicle to remove fingerprints and physical evidence.
– Helping Strait dispose of the shotgun after the robbery.
– Receiving a share of the stolen money.

Steinert’s sentencing is set for Oct. 9. He faces a maximum penalty of five years in federal prison and a fine up to $250,000.

Co-defendant Eric Lee Strait pleaded guilty to bank robbery and is set for sentencing Aug. 5.

Grissom commended the Kansas Bureau of Investigation, the FBI and Assistant U.S. Attorney Jared Maag for their work on the case.

KANSAS CITY, KAN. – Federal charges have been filed alleging a 35-year-old man armed with a hatchet robbed a bank in Overland Park, Kan., U.S. Attorney Barry Grissom said today.

Derek T. Brownlee, 35, Kansas City, Mo., was charged with one count of bank robbery. A criminal complaint filed in U.S. District Court in Kansas City, Kan., alleged that on July 1, 2013, Brownlee robbed the Metcalf Bank at 7800 College Boulevard in Overland Park. Wearing a bandanna over his face and carrying a hatchet, he jumped over 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 Samsung cellular phone before fleeing the bank.

When officers from the Overland Park Police Department and the Kansas City, Mo., Police Department spotted his car, he led them on a chase at speeds up to 90 miles per hour. Brownlee stopped his car in the 8700 block of Indiana in Kansas City, Mo., and fled on foot. He was arrested by officers from the Kansas City, Mo., Police Department.

If convicted, he faces a maximum penalty of 20 years and a fine up to $250,000. The FBI, the Overland Park Police Department and the Kansas City, Mo., Police Department investigated. Assistant U.S. Attorney Kim Martin is prosecuting.

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

TWICHITA, KAN. – A member of a Dodge City street gang charged in a federal racketeering case has pleaded guilty, U.S. Attorney Barry Grissom said today.

Juan Torres, 22, Dodge City, Kan., pleaded guilty to one count of aiding and abetting attempted murder, which was a violent crime in aid of racketeering. He admitted he was involved in an Oct. 4, 2008, incident in which two people were shot.

In his plea, Torres admitted he was a Diablos Viejos (DV) gang member associated with the Norteno street gang when he accompanied two co-defendants in an attack at the home of a member of the rival Sureno gang. On Oct. 4, 2008, Torres and two co-defendants gathered in a barn behind a house at 10770 Kettle Way near Dodge City, which was a hangout for the gang. Later that day, Torres and the two co-defendants drove to the home of Abel Hernandez, a known Sureno gang member, and Rumalda Hipolito. Outside the home, Hernandez’s brother and others were drinking beer. One of the Nortenos began harassing them and shouting Norteno slogans. After someone threw a beer bottle at the Nortenos’ car, Torres and the two co-defendants drove away. The three Nortenos obtained a firearm, an SKS or AK-47 style weapon and returned to Hernandez’s house, parking in an alley half a block away. After approaching the house on foot, co-defendant Gonzalo Ramirez discharged multiple rounds from the firearm. The gunshots hit the house, striking Abel Hernandez and Rumalda Hipolito. Hipolito suffered a gunshot wound to the arm. Hernandez suffered a gunshot wound to the leg. Investigators found 10 bullet holes in the house and recovered 20 shell casings at the scene. After the shooting, Torres and the two co-defendants returned to the house on Kettle Way, where they hid the car in the barn.

Sentencing is set for Sept. 16. He faces a maximum penalty of 10 years in federal prison and a fine up to $250,000.

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

WICHITA, KAN. – A registered sex offender has been charged with producing child pornography while he was committed to a sexual predator unit at Larned State Hospital, U.S. Attorney Barry Grissom said today.

Christopher M. Case, 33, has been charged with two counts of producing child pornography and two counts of sending obscene material to a child. The indictment makes the following allegations:

– From Dec. 1, 2011, to Dec. 28, 2011, Case enticed a 15-year-old child to engage in a sexual act for the purpose of making a video to be transmitted on the Internet.
– From Dec. 24, 2011, to Jan. 23, 2012, Case enticed a 13-year-old child to engage in a sexual act for the purpose of making a video to be transmitted on the Internet.
– On Dec. 29, 2011, Case sent a video of himself masturbating to the 13-year-old victim.
– On Dec. 31, 2011, Case sent a video of himself masturbating to the 13-year-old victim.

At the time of the crimes, Case was a registered sex offender. He was convicted in Saline County, Kan., in May 2003 on a charge of attempted aggravated indecent solicitation of a child.

If convicted on the federal charges, he faces a penalty of not less than 25 years in federal prison and a fine up to $250,000 on each of the charges of producing child pornography; and a penalty of not less than 10 years and a fine up to $250,000 on each of the charges of sending obscene material to a child. The Wichita Police Department’s Internet Crimes Against Children Task Force and the Kansas Attorney General’s office investigated. Assistant U.S. Attorney Jason Hart and Steve Karrer of the Kansas Attorney General’s Office are prosecuting.

OTHER INDICTMENTS

Rigoberto Avalos-Mendez, 26, Kennewick, Wash., is charged with possession with intent to distribute approximately three kilograms of cocaine. The crime is alleged to have occurred May 31, 2013, in Thomas County, Kan.

If convicted, he faces a penalty of not less than five years and not more than 40 years in federal prison and a fine up to $2 million. The Drug Enforcement Administration investigated. Special Assistant U.S. Attorney Michelle Jacobs is prosecuting.

Vicente Trevino-Hernandez, 46, a citizen of Mexico, is charged unlawfully re-entering the United States after being deported. He was found June 6, 2013, in Arkansas City, Kan.

If convicted, he faces a maximum penalty of two years in federal prison without parole and a fine up to $250,000. ICE’s Homeland Security Investigations investigated. Assistant U.S. Attorney Brent Anderson is prosecuting.

Jonathan Valdez, 25, Garden City, Kan., is charged with one count of possession with intent to distribute cocaine and one count of unlawful possession of a firearm in furtherance of drug trafficking. The crimes are alleged to have occurred March 16, 2013, in Finney County, Kan.

If convicted, he faces a maximum penalty of 20 years in federal prison and a fine up to $1 million on the drug charge; and a penalty of not less than five years and a fine up to $250,000 on the firearm charge. The Finney County Sheriff’s Office investigated. Special Assistant U.S. Attorney Michelle Jacobs is prosecuting.

Gerald Beasley, 58, Andover, Kan., is charged with unlawful possession of a firearm after a felony conviction. The crime is alleged to have occurred June 12, 2013, in Wichita, Kan.

If convicted, he faces a maximum penalty of 10 years in federal prison and a fine up to $250,000. Agencies taking part in the investigation include the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Drug Enforcement Administration, the Wichita Police Department, the Sedgwick County Sheriff’s Office, the Internal Revenue Service Task Force and the Sedgwick County District Attorney’s Office. Assistant U.S. Attorney Debra Barnett is prosecuting.

Noel Soto-Arrieta, a citizen of Mexico, is charged with three counts of counterfeiting false documents, five counts of aggravated identity theft, two counts of counterfeiting a Social Security card, and one count of unlawful re-entry after deportation. He was found June 6, 2012, in Sedgwick County, Kan.

If convicted, he faces a maximum penalty of 15 years in federal prison without parole and a fine up to $250,000 on each count of counterfeiting false documents; a mandatory two years to be served consecutively to other sentences and a fine up to $250,000 on each count of aggravated identity theft; a maximum penalty of five years and a fine up to $250,000 on each count of counterfeiting a Social Security number; and a maximum penalty of two years and a fine up to $250,000 on the re-entry charge. ICE’s Homeland Security Investigations investigated. Assistant U.S. Attorney Brent Anderson is prosecuting.

Raymond Hernandez-Cordova, a citizen of Mexico, is charged with one count of possession of false documents, four counts of aggravated identity theft; one count of making a false statement on an I-9 Employment Eligibility Verification form; one count of misusing a Social Security number; one count of producing a false document; and one count of unlawfully re-entering the United States after being deported. He was found June 10, 2013, in Wichita, Kan.

If convicted, he faces a maximum penalty of 10 years in federal prison without parole and a fine up to $250,000 on the charge of possessing false documents; a mandatory two years to run consecutively to other sentences on other counts and a fine up to $250,000 on each count of aggravated identity theft; a maximum penalty of five years and a fine up to $250,000 on the count of making a false statement on an I-9 form and the same penalty on the count of misusing a Social Security number; a maximum penalty of 15 years and a fine up to $250,000 on the charge of producing false identification documents; and a maximum penalty of two years and a fine up to $250,000 on the re-entry charge. The Kansas Department of Revenue investigated. Assistant U.S. Attorney Brent Anderson is prosecuting.

Josephina Barrasa-Chairez, 39, a citizen of Mexico, is charged with possessing false documents. The crime is alleged to have occurred June 11, 2013, in Lyon County, Kan.

If convicted, she faces a maximum penalty of 15 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. The Social Security Administration - OIG investigated.

Lester Ray Nichols, 72, Leavenworth, Kan., is charged with failing to register as required by the Sex Offender Registration and Notification Act. The crime is alleged to have occurred Nov. 9, 2012.

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

Juan Carlos Frayre, 25, Wichita, Kan., is charged with two counts of unlawful possession of a firearm by a user of controlled substances, two counts of unlawful possession of a firearm after being convicted of a misdemeanor crime of domestic violence, two counts of unlawful possession of ammunition by a user of controlled substances, two counts of unlawful possession of ammunition after being convicted of a misdemeanor crime of domestic violence, and two counts of possession with intent to distribute methamphetamine. The crimes are alleged to have occurred in April and May 2013, in Sedgwick County, Kan.

If convicted, he faces a maximum penalty of 10 years and a fine up to $250,000 on each of eight counts; and a penalty of not less than five years and not more than 40 years and a fine up to $5 million on each of two counts. The Wichita Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives investigated. Assistant U.S. Attorney Mona Furst is prosecuting.

Steven J. Denson, 27, is charged with one count of unlawful possession of a firearm after a felony conviction. The crime is alleged to have occurred Feb. 27, 2013, in Sedgwick County, Kan.

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

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