District of Kansas

TOPEKA, KAN. – A grand jury has returned an indictment charging a physician in Manhattan, Kan., with unlawfully distributing prescription drugs, U.S. Attorney Barry Grissom said today.

Physician Michael Schuster, 53, who operates Manhattan Pain and Spine in Manhattan, Kan., is charged with four counts: One count of conspiracy to illegally distribute controlled substances, one count of unlawful distribution of controlled substances, one count of unlawfully distributing controlled substances to a person under 21 years old and one count of maintaining a premises in furtherance of unlawful drug distribution.

The indictment alleges that Schuster employed unlicensed staff members who distributed controlled substances to patients using Schuster’s signature on prescriptions while he was traveling out of the state or out of the country. Schuster was out of the office when a total of 540 patients received prescriptions for medications including oxycodone, morphine, hydromorphone, methadone, oxymorphone, tapentadol, fentanyl, amphetamine, methylphenidate, hydrocodone, alprazolam, clonazepam, diazepam and zolpidem.

Schuster initially was charged in a criminal complaint filed April 23, 2013, in U.S. District Court in Topeka. According to an investigator’s affidavit, the investigation began early in 2012 when the Riley County Police Department received reports that Schuster was issuing prescriptions for high dosages of scheduled drugs based on minimal or cursory physical examinations.

The indictment returned today states that controlled substances may be dispensed and distributed lawfully by means of a prescription that is issued for a legitimate medical purpose by a practitioner acting in the usual course of professional practice. The practitioner must be registered with the Drug Enforcement Administration. Signing a blank prescription and having unauthorized, unlicensed individuals who are not registered with the DEA distribute controlled substances is not a lawful prescription.

The indictment alleges Schuster routinely pre-signed blank prescription forms with the intent that his unlicensed staff members would use them to issue controlled substances to patients while he was not at the clinic.

Count 2 of the indictment alleges Schuster caused unlicensed staff using blank prescriptions to distribute controlled substances while he was out of the clinic at various locations including Russia, South Africa, Uruguay, Canada, New York, Chile, Argentina, Brazil and Israel.

Count 3 alleges that on June 16, 2010, Schuster caused oxycodone to be distributed to a person under the age of 21, who is identified in the indictment as Rex V.

Count 4 alleges that from April 2007 to August 2012 Schuster knowingly maintained a premises, his office at 1135 Westport Drive in Manhattan, Kan., for the purpose of unlawfully distributing controlled substances.

The indictment also seeks the forfeiture of all the proceeds from the crimes.

Upon conviction, the crimes carry the following penalties: Conspiracy: A maximum penalty of 20 years in federal prison and a fine up to $1 million. If death or bodily injury results from the crime, the penalty is not less than 20 years.
Unlawful distribution of controlled substances: A maximum penalty of 20 years in federal prison and a fine up to $1 million. If death or bodily injury results from the crime, the penalty is not less than 20 years.
Unlawful distribution of controlled substances to a person under 21 years old: A maximum penalty of 20 years in federal prison and a fine up to $1 million. If death or bodily injury results from the crime, the penalty is not less than 20 years.
Maintaining drug involved premises: A maximum penalty of 20 years and a fine up to $500,000.

Investigating agencies include the Riley County Police Department; the Federal Bureau of Investigation; the Department of Defense, Criminal Investigative Service (DCIS); the Department of Health and Human Services, Office of Inspector General (HHS-OIG); the Drug Enforcement Administration (DEA); the Department of Homeland Security - Homeland Security Investigations (DHS-HSI); and the Diplomatic Security Service (DSS).

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 sentenced to 10 years in federal prison for bank robbery, U.S. Attorney Barry Grissom said today.

Christopher A. Vangessel, 41, Wichita, Kan., pleaded guilty to one count of bank robbery. In his plea, he admitted that on Feb. 28, 2012, he robbed the UMB Bank branch at 130 N. Market in Wichita. He gave the teller a note directing her to give him money. After he got the money he left the bank.

Surveillance photos taken during the robbery were released to the public and a parole officer identified Vangessel as the robber.

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

KANSAS CITY, KAN. – A Kansas City lawyer has been sentenced to five years in federal prison for conspiring to launder drug money of an undercover agent posing as a marijuana dealer, U.S. Attorney Barry Grissom said today.

Ronald E. Partee, 66, Kansas City, Mo., pleaded guilty to one count of conspiracy to commit money laundering and one count of money laundering.

In his plea, Partee admitted he conspired with co-defendants Mendy Read-Forbes, 38, Platte City, Mo., and Laura Shoop, 46, Platte City, Mo. The investigation began in March 2012 when a KBI agent working undercover met Read-Forbes. Read-Forbes was holding herself out as the owner of Forbes & Newhard Credit Solutions, Inc., a nonprofit organization established to provide credit counseling to people who were in bankruptcy proceedings. In fact, she was not the legal owner but exercised control of the company's bank account along with Partee. Shoop was an acquaintance of Read-Forbes who worked at various times for the company.

The KBI agent was posing as a marijuana dealer. Forbes offered to consult with Partee and to devise a scheme to launder the dealer’s drug proceeds. As part of the scheme, Forbes offered to deposit money given to her by the agent she thought was a drug dealer into the bank accounts of Forbes and Newhard Credit Solutions or related companies and then to return the money to the dealer via checks, money orders or wire transfers. The bank accounts were in Kansas.

To make the transactions appear legitimate, Forbes gave the drug dealer a contract titled “Purchase and Sale of Business Agreement.” The contract, bearing the signature of Partee and the drug dealer, made it appear that the marijuana dealer was purchasing assets of FCP, Inc., a corporation controlled by Forbes and Partee.

To make it appear that the drug dealer was engaged in business as a certified credit counselor with Forbes and Newhard Credit Solutions, Forbes gave the drug dealer a certificate saying he had completed training as a bankruptcy specialist.

In addition, Forbes created a fictitious company called Maximum Lawn Care, LLC, and opened bank accounts where cash from the drug dealer was deposited.

Partee was at various times a member of the board of directors for Forbes and Newhard and a signator on FCP's bank accounts. On April 20, 2012, Partee approved two wire transfers from the FCP account that he believed were drug funds. He sent $5,000 to a bank account of Maximus Lawn Care and $5,000 to the bank account of an undercover agent posing as a drug dealer. During a meeting May 25, 2012, at Partee's office, the undercover agent posing as a drug dealer sought advice from Partee concerning where he could store marijuana. During the meeting, which was recorded, Partee engaged in the discussion.

Defendants Read-Forbes and Shoop are awaiting trial. In a separate case, Mendy Read-Forbes and Brian Forbes have been charged with one count of conspiracy to defraud and one count of money laundering.

Grissom commended the Kansas Bureau of Investigation, the U.S. Secret Service, the Internal Revenue Service, the Department of Housing and Urban Development, Assistant U.S. Attorney Chris Oakley and Assistant U.S. Attorney Jabari Wamble for their work on the case.

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

WICHITA, KAN. – A member of a Dodge City street gang targeted in a federal racketeering case has been sentenced to 10 years in federal prison for attempted murder, U.S. Attorney Barry Grissom said today.

Jason Najera, 29, Dodge City, Kan., pleaded guilty to one count of attempted murder in furtherance of racketeering. In his plea, Najera admitted that on Aug. 27, 2011, he used a knife to stab two men he mistakenly believed were members of a rival gang.

On that date, Najera accompanied co-defendant Humberto Ortiz when Ortiz went to a residence at 703 9th Avenue in Dodge City. Ortiz and Najera confronted some men they suspected of being members of the Surenos street gang. Ortiz was a member of Los Carnales Chingones and Najera was a member of Diablos Viejos, both of which were associated with the Nortenos street gang and considered Surenos their common enemies.

When a fight started, Najera used a knife to stab victims Gabriel Rivera and Carlos Ramirez. During the fight, both Rivera and Ramirez were stabbed, with Rivera’s injuries requiring a life-flight to a hospital in Wichita.

In his plea, Najera admitted that as a member of the Diablos Viejos he was part of an ongoing criminal conspiracy involving the Nortenos street gang whose members used murder, robbery, assault and acts of violence to protect and expand their operations.

In January, co-defendant Humberto Ortiz was sentenced to 46 months in federal prison.

Najera and Ortiz were among 23 defendants indicted in 2012 who were charged under the federal RICO Act (Racketeering Influenced and Corrupt Organizations Act.) The indictment marked only the second time federal prosecutors in Kansas have filed charges under RICO and VICAR (Violent Crimes in Aid of Racketeering).

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. – A former Kansas Air National Guard senior airman who was assigned to McConnell Air Force Base in Wichita is charged with fraudulently collecting more than $50,000 in travel reimbursements by claiming she lived in Arizona while she was working at McConnell, U.S. Attorney Barry Grissom said today.

Eledria J. Bradley, 28, Wichita, Kan., is charged with one count of wire fraud. An indictment alleges that Bradley was a member of the Kansas Air National Guard and she lived in Wichita in February 2009 when she received orders to prepare for deployment with the U.S. Air Force effective April 11, 2009.

The indictment alleges Bradley accessed her file via virtual MPF, an online personnel system in which military members can access and change their personal information, and changed her residential address from Wichita to Chandler, Ariz. The change of address placed her outside the commuting distance for McConnell Air Force Base. As a result she received lodging and per diem benefits to which she was not entitled from April 11, 2009, to April 23, 2011, totaling $54,992.

If convicted, she faces a maximum penalty of 20 years in federal prison and a fine up to $250,000. Air Force - OSI investigated. Assistant U.S. Attorney Alan Metzger is prosecuting.

OTHER INDICTMENTS

Oluwafunminiyi A. Adetunji, Wichita, Kan., is charged with four counts of mail fraud, four counts of wire fraud, five counts of aggravated identity theft, and one count of credit card fraud. The crimes are alleged to have occurred in 2010 and 2011 in Sedgwick County, Kan.

The indictment alleges Adetunji fraudulently used names and credit card numbers belonging to other people to purchase a big screen television, a laptop computer and gold coins.

Upon conviction, the crimes carry the following penalties: Mail fraud: A maximum penalty of 20 years in federal prison and a fine up to $250,000.
Wire fraud: A maximum penalty of 20 years in federal prison and a fine up to $250,000.
Aggravated identity theft: Two years consecutive to the underlying sentence on each count.
Credit card fraud: A maximum penalty of 10 years and a fine up to $250,000.

The U.S. Secret Service investigated. Assistant U.S. Attorney Alan Metzger is prosecuting.

Michael M. Smith, 24, Wichita, Kan., is charged with two counts of unlawful possession of a firearm and one count of unlawful possession of ammunition after a felony conviction, one count of unlawful possession of a sawed-off shotgun, one count of possession with intent to distribute marijuana and one count of unlawful possession of a firearm in furtherance of drug trafficking. The crimes are alleged to have occurred in March 2013 in Sedgwick County, Kan.

Upon conviction, the crimes carry the following penalties: Unlawful possession of a firearm: A maximum penalty of 10 years in federal prison and a fine up to $250,000.
Unlawful possession of ammunition: A maximum penalty of 10 years and a fine up to $250,000.
Unlawful possession of a sawed-off shotgun: A maximum penalty of 10 years and a fine up to $10,000.
Possession with intent to distribute marijuana: A maximum penalty of five years and a fine up to $250,000.
Unlawful possession of a firearm in furtherance of drug trafficking: A penalty of not less than five years and not more than life and a fine up to $250,000.

The Wichita Police Department investigated. Assistant U.S. Attorney David Lind is prosecuting.

Edward Garcia, Jr., 31, is charged with one count of unlawful possession of a firearm and one count of unlawful possession of ammunition after a felony conviction. The crimes are alleged to have occurred March 13, 2013, in Finney County, Kan.

If convicted, he faces a maximum penalty of 10 years in federal prison and a fine up to $250,000 on each count. The Garden City Police Department investigated. Assistant U.S. Attorney David Lind is prosecuting.

Justin L. Wolke, 30, is charged with one count of unlawful possession of a firearm after a felony conviction and one count of unlawful possession of a firearm by a user of controlled substances. The crimes are alleged to have occurred Jan. 9, 2013, in Hutchinson, Kan.

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

Tori Scieneaux, 43, Montclair, Calif., is charged with one count of possession with intent to distribute approximately 2.5 kilograms of heroin. The crime is alleged to have occurred April 15, 2013, in Trego County, Kan.

If convicted, he faces a penalty of not less than 10 years and a fine up to $4 million. The Kansas Highway Patrol and the Drug Enforcement Administration investigated. Special Assistant U.S. Attorney Michelle Jacobs is investigating.

Shawn Steele, 53, Wichita, Kan., is charged with one count of possession with intent to distribute crack cocaine and one count of possession with intent to distribute cocaine. The crimes are alleged to have occurred in 2011 and 2012 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 $5 million on the crack cocaine charge, and a maximum penalty of 20 years and a fine up to $1 million on the cocaine charge. The Wichita Police Department and the Drug Enforcement Administration investigated. Special Assistant U.S. Attorney Michelle Jacobs is prosecuting.

Ryan O’Malley, 26, Pittsburg, Kan., and Alexandria Pierce, 23, Pittsburg, Kan., are charged with one count of possession with intent to distribute approximately 53.5 pounds of marijuana, and one count of unlawful possession of a firearm in furtherance of drug trafficking. The crimes are alleged to have occurred Oct. 31, 2011, in Crawford County, Kan.

If convicted, they face a maximum penalty of five years in federal prison and a fine up to $250,000 on the marijuana charge, and a penalty of not less than five years and a fine up to $250,000 on the firearms charge. The Kansas Bureau of Investigation and the Crawford County Sheriff’s Office investigated. Special Assistant U.S. Attorney Michelle Jacobs is prosecuting.

Darrin Walker, 48, Wichita, Kan., and Angela Johnson, 50, Wichita, Kan., are charged with one count of possession with intent to distribute crack cocaine and one count of possession with intent to distribute hydrocodone. In addition, Walker is charged with one count of unlawful possession of a firearm in furtherance of a drug trafficking crime and one count of unlawful possession of a firearm after a felony conviction. The crimes are alleged to have occurred Feb. 15, 2013, in Sedgwick County, Kan.

Upon conviction, the crimes carry the following penalties: Possession with intent to distribute crack cocaine: Not less than five years and not more than 40 years and a fine up to $2 million.
Unlawful possession of a firearm in furtherance of a drug trafficking crime: Not less than five 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.
Possession with intent to distribute hydrocodone: A maximum penalty of 10 years and a fine up to $500,000.

The Wichita Police Department investigated. Special Assistant U.S. Attorney Michelle Jacobs is prosecuting.

Fidel Guerra-Monjaraz, 42, a citizen of Mexico, is charged with unlawfully re-entering the United States after being deported. He was found April 15, 2013, in Sedgwick County, Kan.

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

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

WICHITA, KAN. – A Wichita tax preparer has been convicted on charges of filing false federal income tax returns, U.S. Attorney Barry Grissom said today.

Lata L. Tomlinson, 33, Wichita, Kan., was convicted on 19 counts of preparing false income tax returns for a total of 17 people during tax years 2007, 2008 and 2009.

During trial, prosecutors presented evidence that Tomlinson had a college degree in accounting and worked for various tax preparation companies before starting her own business in 2006 called Talking Taxes And More.

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

Sentencing is set for July 8. She faces a maximum penalty of three years in federal prison and a fine up to $100,000 on each count. Grissom commended the IRS - Criminal Investigation, Assistant U.S. Attorney Matt Treaster and Assistant U.S. Attorney Jason Hart for their work on the case.

TOPEKA, KAN. – A doctor in Manhattan, Kan., has been charged with unlawfully prescribing prescription drugs, U.S. Attorney Barry Grissom said today.

Physician Michael Schuster, 53, who operates Manhattan Pain and Spine in Manhattan, Kan., is charged with one count of conspiracy to illegally distribute controlled substances.

A criminal complaint filed today in U.S. District Court in Topeka alleges that Schuster employed unlicensed staff members who distributed controlled substances to patients using Schuster’s signature on prescriptions while he was traveling out of the state or out of the country. The indictment alleges that Schuster was out of the office when a total of 542 patients received prescriptions for medications including oxycodone, morphine, hydromorphone, oxymorphone, fentanyl, amphetamine salts, tapentadol, methadone, methylphenidate, hydrocodone, diazepam, alprazolam, zolpidem titrate and clonazepam.

According to an investigator’s affidavit, the investigation began early in 2012 when the Riley County Police Department received reports that Schuster was issuing prescriptions for high dosages of scheduled drugs based on minimal or cursory physical examinations. As a result, several patients had overdosed on their medications and Riley County Police were investigating the diversion of prescription drugs. Simultaneously, physicians and hospital staff at Fort Riley voiced concerns to Army Criminal Investigative Division that active duty soldiers and family members who died from overdoses were patients of Schuster. Investigators examined records indicating Schuster prescribed unusually high dosages of scheduled narcotics despite questionable medical necessity and allowed his patients to get early refills of controlled substances.

The affidavit states that in order to prescribe controlled substances in a legal manner a physician must meet with a patient to determine that the medication being prescribed is for a legitimate medical purpose. Only licensed health care professionals including physicians and physician assistants can lawfully issue prescriptions for controlled substances.

Investigators documented various prescriptions bearing Schuster’s signature while he was on trips to Russia, South Africa, Uruguay, Canada, New York, Chile, Argentina, and Israel.

If convicted, he faces a maximum penalty of 20 years in federal prison and a fine up to $1 million. If death or bodily injury results from the crime, the penalty is not less than 20 years. Investigating agencies include the Riley County Police Department; the Federal Bureau of Investigation; the Department of Defense, Criminal Investigative Service (DCIS); the Department of Health and Human Services, Office of Inspector General (HHS-OIG); the Drug Enforcement Administration (DEA); the Department of Homeland Security - Homeland Security Investigations (DHS-HSI); and the Diplomatic Security Service (DSS).

WICHITA, KAN. – Two members of a Dodge City street gang charged in a federal racketeering case have pleaded guilty, U.S. Attorney Barry Grissom said today.

Anthony Wright, 27, Dodge City, Kan., pleaded guilty to one count of conspiracy to commit racketeering and one count of discharging a firearm in a crime of violence. Jose Neave, 23, Dodge City, Kan., pleaded guilty to one count of attempted murder in furtherance of racketeering.

In his plea, Wright admitted he was a member of the Norteno street gang when he was involved in the murder of Israel Peralta on June 8, 2009, in Dodge City. On the day of the killing, Wright and another conspirator were out driving when they noticed a group of Hispanic males in a trailer park in south Dodge City who they believed were members of the rival Sureno gang. Later that day, Wright and three other Nortenos met together and decided to get in the car and go looking for Sureno gang members.

Wright drove the Nortenos to the trailer park and parked the car. Two of the Nortenos in the car with Wright were armed. One had a handgun that looked like a machine gun and the other had a revolver. They got out of the car with guns drawn, ran toward the group of Hispanic males and began firing. Israel Peralta was shot and killed. After the shooting, the four Norteno gang members drove away from the scene.

In his plea, Wright admitted that as a member of the Nortenos he was part of an ongoing criminal enterprise. The gang used murder, robbery, assault and the threat of violence to protect and expand its operations. He admitted that while he was a Norteno he participated in the sale of methamphetamine. Several other Nortenos were active in the sale of methamphetamine at the same time.

In his plea, Jose Neave admitted that he was a member of the Diablos Viejos and was associated with the Nortenos street gang on Aug. 27, 2011, when he and other Nortenos attacked a group of men at 703 9th Avenue in Dodge City. Neave wielded a knife during the fight. Victims Gabriel Rivera and Carlos Ramirez were stabbed during the fight. Rivera’s injuries were life-threatening and required a life-flight to a hospital in Wichita.

Neave admitted that while he was a gang member it was not unusual for him and his fellow gang members to be armed with knives.

Wright is set for sentencing July 8. He faces a maximum penalty of 20 years in federal prison and a fine up to $250,000 on the racketeering charge, and a penalty of not less than 10 years and a fine up to $250,000 on the firearms charge.

Neave is set for sentencing July 8. He faces a maximum penalty of 10 years and a fine up to $250,000 on the racketeering charge.

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

TOPEKA, KAN. – A man who owned a strip club in Salina has been sentenced to three years federal probation for filing false tax returns and underpaying his federal income taxes, U.S. Attorney Barry Grissom said today. He also was ordered to pay $153,510, the full amount of taxes he owes.

Kirk Roberts, 49, Salina, Kan., pleaded guilty to three counts of filing false income tax returns for tax years 2006, 2007 and 2008. In his plea, he admitted that while he was the owner of Wild, Wild West, Inc., a strip club in Salina, he failed to report cash receipts totaling $537,942. As a result, he underpaid his federal income taxes by $153,510.

The club collected $3 to $5 cash per night per customer for door cover charges. It also collected between $25 and $50 per night in cash for house fees paid by dancers so they could dance on stage, as well as $35 per half hour in cash paid by dancers for using private rooms or “champagne rooms.”

The cash from the fees was not recorded on the business’ cash register. Rather than depositing the cash into the business’ bank account, Roberts deposited the money into a personal account.

Grissom commended the Internal Revenue Service and Assistant U.S. Rich Hathaway for their work on the case.

TOPEKA, KAN. – A Topeka man has been sentenced to 30 years in federal prison for trafficking in methamphetamine, U.S. Attorney Barry Grissom said today.

James Justin Woods, 31, Topeka, Kan., was convicted in a jury trial in December 2012 on one count of conspiracy to distribute methamphetamine and one count of distributing methamphetamine.

During trial, prosecutors presented evidence that Woods was part of a drug trafficking organization that operated from December 2010 to June 2011 in the Topeka area. In May 2011, investigators used intercepted telephone calls and other surveillance techniques to monitor Woods as he set up a series of meetings with buyers in which he exchanged drugs for money.

At sentencing, prosecutors noted that Woods had a prior felony conviction in 2004 in Shawnee County District Court for possession with intent to distribute narcotics.

Grissom commended the Topeka Police Department, the Drug Enforcement Administration, Assistant U.S. Attorney Duston Slinkard Assistant U.S. Attorney Jared Maag for their work on the case.

KANSAS CITY, KAN. – A man from Kansas City, Kan., has pleaded guilty to using the Internet to entice a 12-year-old girl in California to send him pictures of her 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.

If convicted, he faces a penalty of not less than 10 years and not more than life in federal prison and a fine up to $250,000. The FBI investigated. Assistant U.S. Attorney Christine Kenney is prosecuting.

WICHITA, KAN. – A Butler County couple who ran a combined beauty shop and gun store have been sentenced for federal firearms violations, U.S. Attorney Barry Grissom said today.

Jeffrey Eberhart, 51, Augusta, Kan., was sentenced to five years in federal prison. He pleaded guilty to one count of dealing firearms without a license. His wife, Tracey Eberhart, 42, Augusta., Kan., was sentenced to three years on probation including six months house arrest. She pleaded guilty to one count of failing to keep records of firearms transactions.

The Eberharts operated Traceys Dream Weavers Salon And Sporting Goods at 431 State Street in Augusta, Kan. The store advertised that it was “Where Beauty and Bullets Collide.” In his plea, Jeffrey Eberhart admitted that he bought and sold hundreds of firearms at the store and at gun shows from Oct. 1, 2009, to Aug. 22, 2012. Throughout that time, he was not licensed as a federal firearms dealer because he was a previously convicted felon.

In her plea, Tracey Eberhart admitted that while she held a license as a federal firearms dealer she failed to keep records and make reports to the Bureau of Alcohol, Tobacco, Firearms and Explosives on at least 33 firearms transactions.

Grissom commended the Bureau of Alcohol, Tobacco, Firearms and Explosives and Assistant U.S. Attorney Matt Treaster for their work on the case. Other law enforcement agencies that assisted in the case include the Butler County Sheriff’s Department, the Wichita Police Department, the Augusta Police Department, the Kansas Bureau of Investigation and the U.S. Marshals Service.

TOPEKA – Two people have pleaded guilty to 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., and Virginia Amanda Griese, 19, Manhattan, Kan., pleaded guilty to one count each 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.

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.

Sentencing is set for July 15. They face a maximum penalty of life in federal prison.

Other defendants include: Frank Joseph Hanson, 22, Manhattan, Kan., who has pleaded guilty and is set for sentencing July 8.
Dennis James Denzien, 20, Manhattan, Kan., who is awaiting trial.
Gavin Taylor Hairgrove, 29, 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.

WICHITA, KAN. – A woman in Wichita, Kan., has been charged with selling counterfeit merchandise with the labels of famous designers including Prada, Coach, Chanel and Luis Vuitton, U.S. Attorney Barry Grissom said today.

Glenda Sue Morgan, 54, Wichita, Kan., is charged with one count of trafficking in counterfeit goods. Morgan is alleged to have sold the counterfeit goods at a business called The Fabulous Store at 9131 E. 37th North in Wichita.

According to court records, in 2009 investigators obtained information that the store was receiving six or seven packages a month from China. When agents searched the store, they seized 2,590 counterfeit items. The manufacturers’ suggested retail prices of the items if they had been authentic would have been about $1.5 million. Morgan met with agents in January 2011 and signed an abandonment form so that Homeland Security Investigations could dispose of the goods.

In March 2013, agents received information that Morgan had resumed selling counterfeit goods at the store. An undercover agent posing as a shopper visited the store. In a back room, Morgan showed the agent bags, sunglasses and other items with designer names, which she described as “replicas.” The agent purchased $500 worth of counterfeit items including a Chanel bracelet, a pair of Chanel sunglasses with a Chanel case, a Tory Burch wallet, a Michael Kors purse, a Coach purse, a pair of Ugg boots, two Tiffany & Co. bracelets, a Luis Vuitton wallet, a Luis Vuitton purse and a Prada purse.

If convicted, she faces a maximum penalty of 10 years in federal prison and a fine up to $2 million. The Wichita Police Department and ICE-HSI 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 woman from Kansas City, Kan., has been charged with preparing fraudulent federal income tax returns for 13 people, U.S. Attorney Barry Grissom said today.

Kelly N. Kittrell, 42, is charged with 13 counts of preparing false and fraudulent income tax returns on forms 1040A and 1040 EZ for other taxpayers. The indictment alleges she falsified information about wages earned, amounts withheld and dependents claimed.

If convicted, she faces a maximum penalty of three years in federal prison and a fine up to $250,000 on each count. IRS - Criminal Investigation investigated. Justice Department Tax Division Trial Attorney Matthew Kluge and Assistant U.S. Attorney Scott Rask are prosecuting.

OTHER INDICTMENTS

Lata L. Tomlinson, 33, Wichita, Kan., is charged in a superseding indictment with 19 counts of preparing false federal income tax returns for a total of 17 people during tax years 2007, 2008 and 2009. The crimes are alleged to have occurred in Sedgwick County, Kan.

Tomlinson initially was charged in an indictment filed in March 2012 in U.S. District Court in Wichita.

The superseding indictment alleges she falsely stated deductions for depreciation, home improvements, business repairs, contract labor, legal fees, home repairs, medical expenses, advertising, insurance, car and truck expenses, hay and grain expenses, cell phones and care of dependents.

If convicted, she faces a maximum penalty of three years in federal prison and a fine up to $100,000 on each count. IRS - Criminal Investigation investigated. Assistant U.S. Attorney Matt Treaster is prosecuting.

Jose Del Refugio Sanchez, 23, who is in federal custody in California, and Anabel Sanchez, 33, De Soto, Kan., are charged with one count of conspiracy to possess with intent to distribute methamphetamine. In addition, Anabel Sanchez is charged with maintaining a residence in De Soto, Kan., in furtherance of drug trafficking and one count of making false statements to the Drug Enforcement Administration; and Jose Sanchez is charged with one count of distributing methamphetamine. The crimes are alleged to have occurred during 2012 in De Soto, Kan.

The indictment alleges the defendants conspired with Leslie Kingsley II, Kristy Sherley, Tino Soriano and others to distribute methamphetamine. Those defendants were indicted in 2012.

Upon conviction, the crimes carry the following penalties: Conspiracy: Not less than 10 years and not more than life and a fine up to $4 million.
Maintaining a residence in furtherance of drug trafficking: A maximum penalty of 20 years and a fine up to $500,000.
Distributing methamphetamine: Not less than 10 years and not more than life and a fine up to $4 million.
Making a false statement: A maximum penalty of five years and a fine up to $250,000.

The Drug Enforcement Administration investigated. Assistant U.S. Attorney Sheri McCracken is prosecuting.

James Scott Nickerson, 36, Fort Riley, Kan., is charged with one count of theft of public money, one count of Social Security disability fraud, three counts of wire fraud and three counts of making false statements to the Social Security Administration. The crimes are alleged to have occurred in 2009, 2010 and 2011 in Fort Riley, Kan.

The indictment alleges Nickerson defrauded the Social Security Administration of approximately $71,734 in disability payments by concealing from the agency his true work activity while serving in the U.S. Army.

Upon conviction, the crimes carry the following penalties: Theft of public funds: A maximum penalty of 10 years in federal prison and a fine up to $250,000.
Social Security disability fraud: A maximum penalty of five years and a fine up to $250,000.
Wire fraud: A maximum penalty of 20 years and a fine up to $250,000 on each count.
Making a false statement: A maximum penalty of five years and a fine up to $250,000 on each count.

The Office of the Inspector General for the Social Security Administration investigated. Special Assistant U.S. Attorney Trey Alford is prosecuting.

Mauricio Matias, 32, a citizen of Mexico who has been living in Olathe, Kan., is charged with two counts of using false documents to be employed in the United States, two counts of making false statements to the government, two counts of misusing a Social Security number while employed at Aspen Lawn and Landscape in Olathe, and six counts of aggravated identity theft. The crimes are alleged to have occurred in 2004 and 2010.

Upon conviction, the crimes carry the following penalties: Using false documents: A maximum penalty of 10 years in federal prison without parole and a fine up to $250,000 on each count.
Making false statements to the government: A maximum penalty of five years and a fine up to $250,000 on each count.
Misusing a Social Security number: A maximum penalty of five years and a fine up to $250,000 on each count.
Aggravated identity theft: A mandatory two years in federal prison and a fine up to $250,000.

The Social Security Administration - Office of Inspector General investigated. Assistant U.S. Attorney Brent Anderson is prosecuting.

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

By Barry Grissom, U.S. Attorney for the District of Kansas

Over the past 20 years, the percentage of victims of rape and sexual assault who reported the assault to the police has increased from 28.8 percent in 1993 to 50 percent today. This is both an indication of how far we’ve come and a reminder of how far we have to go.

April is Sexual Assault Awareness month and it is a time to reflect on the tremendous achievements we have made since the passage of the Violence Against Women Act (VAWA) 18 years ago. Sexual assault and rape are problems that affect people of every background, ethnicity, age, ability or sexual orientation. Nearly 1 in 5 (18.3 percent) women and 1 in 71 (1.4 percent) men in the United States have been raped at some time in their lives, translating into 22 million women and 1.6 million men.

The Violence Against Women Act forever changed the way this nation meets our responsibility to survivors of domestic violence and sexual assault. The Justice Department applauds the recent bipartisan reauthorization of the act. The legislation was signed in March.

The reauthorization of the act expanded the historic legislation that defends the rights of all victims and survivors. The new tribal provisions are of particular importance to all of us at the Justice Department. The act closes jurisdictional gaps that had long compromised American Indian and Alaska Native women’s safety and access to justice. This change supports the sovereignty of tribes and holds perpetrators accountable – a necessary step to reducing violence against native women.

The reauthorization also ensures that lesbian, gay, bisexual and transgender survivors have access to the services they need and deserve, enables victims in publicly subsidized housing to stay safe by transferring to a different unit or location and adds protections for college students who have some of the highest rates of rape in the nation.

Across the federal government, we are working to support survivors and to prevent sexual violence. Last year, the Department of Justice modernized the definition of rape used to collect our nation’s crime statistics. This year, the department is working with law enforcement agencies to implement this change and develop new guidelines for investigating sexual assault cases.

It is only in working together that we can make a difference and save lives, and the Justice Department will continue to take every possible step to enforce laws protecting victims of violence and to provide resources to aid victim service providers.

Barry Grissom is the United States Attorney for the District of Kansas.

WICHITA, KAN. An Oklahoma man was sentenced Wednesday to a year on federal probation for selling feathers from eagles and hawks covered by a federal law protecting migratory birds, U.S. Attorney Barry Grissom said.

Brian K. Stoner, 33, Ponca City, Okla., pleaded guilty to two misdemeanor counts of violating the federal Lacey Act regarding the commercialization of illegally taken wildlife. In his plea, he admitted that on Feb. 26, 2009, he was in Lawrence, Kan., where he met with an agent of the U.S. Fish and Wildlife Service who was working undercover. Stoner offered to sell the agent parts of a Bald eagle (Haliaeetus leucocephalus), a Golden eagle (Aquila chrysaetos) and a Crested Caracara (Caracara cheriway). Stoner also offered to sell the agent a Native American dance bustle made of rough-legged hawk and ferruginous hawk feathers (Buteo lagopus and Buteo regalis).

While Native Americans are allowed under proper circumstances to have such feathers, the commercialization of such is never allowed. Federal law (Title 16, United States Code, Section 703) prohibits taking, killing or possessing migratory birds.

Feathers seized in the case will be sent to the U.S. Fish and Wildlife Service’s National Eagle Repository in Colorado. The repository provides eagle feathers to Native Americans for use in Indian religious and cultural ceremonies.

For more information, see:

http://www.fws.gov/le/national-eagle-repository.html

Grissom commended the U.S. Fish and Wildlife Service and Assistant U.S. Attorney Randy Hendershot for their work on the case.

KANSAS CITY, KAN. – A Miami County was sentenced Monday to 12 months house arrest and five years on probation for failing to pay income taxes on money he made as a consultant in Iraq, U.S. Attorney Barry Grissom said today.

Gregory S. Light, 43, Louisburg, Kan., pleaded guilty to one count of tax evasion. In his plea, he admitted that while he was a lieutenant colonel in the Kansas Army National Guard he was deployed to Iraq. After his deployment ended, he returned to Iraq to work as a subcontractor with his own company, Lighthouse Consulting.

One contractor wired him a monthly salary and another paid him in cash. Light reported on his tax returns only the salary that was wired to him. With the cash compensation, he bought postal money orders to bring back to the United States when he returned approximately once every three months. He stored the money orders in a safe deposit box and cashed them a little at a time so the bank would not file a report on the transaction.

All told, he failed to report $313,781 in income and failed to pay $81,886 he owed in income taxes.

Grissom commended the Internal Revenue Service, the Defense Criminal Investigative Service (DCIS), the Army Criminal Investigative Division (CID), the Special Inspector General For Iraq Reconstruction (SIGIR) and Assistant U.S. Attorney David Smith for their work on the case.

TOPEKA, KAN. – A man has pleaded guilty to robbing a convenience store in Manhattan, Kan., U.S. Attorney Barry Grissom said today.

Frank Joseph Hanson, 22, Manhattan, Kan., pleaded guilty today to one count of brandishing a firearm during a crime of violence. In his plea, Hanson admitted that on Feb. 6, 2013, he robbed Dara’s Fast Lane, a convenience store in Manhattan.

In a related arson case, defendants Patrick Martin Scahill, 20, Manhattan, Kan., and Virginia Amanda Griese, 19, Manhattan, Kan. have scheduled change of plea hearings for 1:30 p.m. April 17 before Judge Julie A. Robinson in U.S. District Court in Topeka.

In Hanson’s case, the Riley County Police Department received a report of a robbery at Dara’s Fast Lane at about 1:21 a.m. on Feb. 6. A masked man brandishing a small revolver demanded money from the register. The robber also tried to force the clerk to use an ATM in the store to withdraw money from the clerk’s bank account. The robber left the store after the clerk swiped his card through the ATM and showed the robber how little money there was in the clerk’s account.

At about 6 p.m. on the same day, Riley County police responded to a report of someone firing a weapon at parked cars. When police contacted the residents, Dennis James Denzien and Patrick Martin Scahill, they smelled marijuana. Police informed Denzien and Scahill that they were going to obtain a warrant to search the residence. After obtaining a warrant, police entered the residence and found clothing matching the description from the robbery at Dara’s. Police obtained a second warrant and found a mask, gloves, a backpack and the firearm used in the robbery, an RG Industries Model RG14 .22 caliber revolver.

Hanson is set for sentencing July 8. Co-defendant Dennis James Denzien is awaiting trial. Hanson faces a penalty of not less than seven years and not more than life and a fine up to $250,000.

In the related arson case, Patrick Martin Scahill and Virginia Amanda Griese, were indicted on one count of arson resulting in a death. The indictment alleges that on Feb. 6, 2013, Scahill and Griese were responsible for a fire at the Lee Crest Apartments, 820 Sunset Ave., in Manhattan. Vasanta Pallem, a 34-year-old postdoctoral researcher at Kansas State University who lived in the apartment complex, died as a result of the fire.

Grissom commended the agencies involved in investigating the two cases 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. He also commended the attorneys who are prosecuting the cases including Assistant U.S. Attorney Jared Maag, Riley County Attorney Barry Wilkerson and Assistant Riley County Attorney Barry Disney.

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

TOPEKA, KAN. – A federal court judge Monday sentenced a Brown County man to five years in federal prison for distributing child pornography and took under advisement claims for restitution from three victims totaling more than $2 million, U.S. Attorney Barry Grissom said today.

Prosecutors urged the judge to order restitution be paid to victims who said being sexually exploited as children had left them with permanent mental, emotional and psychological damage, as well as ongoing costs for therapy, and they continued to suffer from knowing that images of their being abused are widely distributed on the Internet. Defense attorneys argued that the defendant was only one of many users of peer-to-peer software who downloaded, viewed and distributed images of the victims. Prosecutors argued that victims have a right under federal law to restitution in child pornography cases. They cited more than 300 orders for restitution already made to the same victims, whose images were found on other defendants’ computers.

Brandon J. Hollister, 32, Horton, Kan., pleaded guilty to one count of distributing child pornography. In his plea, he admitted he used peer-to-peer file sharing software to download and distribute images of child pornography. An FBI agent in Kansas City downloaded 33 image files and 37 video files from Hollister’s computer. Among those were images in which the victims previously had been identified, including the “Cindy series,” “the Jan-Feb series,” and the “Vicky series.” The victim in the “Cindy series” made a request for restitution of more than $1.2 million. The victim of the “Jan-Feb series” sought $150,000 in restitution. The victim of the “Vicky series” sought more than $734,000 in restitution.

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

TOPEKA, KAN. – A Topeka woman has been charged with trying to pick up a seven-pound package of methamphetamine at a post office, U.S. Attorney Barry Grissom said today.

Maria DeSocorro Martinez, 41, Topeka, Kan., is charged with one count of possession with intent to distribute methamphetamine. The crime is alleged to have occurred March 18, 2013, in Shawnee County, Kan.

Martinez initially was charged in a criminal complaint filed March 19, 2013, in U.S. District Court in Topeka. An agent’s affidavit stated that the Topeka Police Narcotics Squad had Martinez under surveillance on March 18, 2013, when she picked up a package containing methamphetamine at the post office at 2921 Adams in Topeka.

Martinez did not know that earlier investigators had learned the package contained methamphetamine and they had obtained a search warrant. When they opened the package they found it contained seven pounds of methamphetamine.

If convicted, she faces 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 Greg Hough is prosecuting.

OTHER INDICTMENTS

Michael Dean Engstrom, Jr., 33, Topeka, Kan., is charged with one count of unlawful possession of a firearm after a felony conviction. The crime is alleged to have occurred Jan. 28, 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 Richard Hathaway is prosecuting.

Steven Harrison, 51, Kansas City, Kan., is charged in a superseding indictment with one count of receiving child pornography and one count of possessing child pornography. The crimes are alleged to have occurred in November 2011 and April 2012 in Wyandotte County, Kan.

If convicted, he faces a penalty of not less than five years and not more than 20 years in federal prison and a fine up to $250,000 on the charge of receiving child pornography and a maximum penalty of 10 years and a fine up to $250,000 on the possession charge. The FBI investigated. Assistant U.S. Attorney Christine Kenney is prosecuting.

Mark David Davis, 45, Manhattan, Kan., is charged with failing to register under the Sex Offender Registration and Notification Act. The crime is alleged to have occurred from April to November 2012 in Riley County, Kan.

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

Tony Dennis, 26, Grandview Plaza, Kan., is charged with one count of unlawful possession of a firearm after a felony conviction. The crime is alleged to have occurred Feb. 3, f2013, in Geary 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 Duston Slinkard is prosecuting.

Ricardo Rivera-Guiterrez, 52, Palm Dale, Calif., is charged with one count of possession with intent to distribute methamphetamine. The crime is alleged to have occurred Jan. 29, 2013, in Shawnee County, Kan.

If convicted, he faces 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.

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

TOPEKA, KAN. – A man from St. Marys, Kan., has been sentenced to 25 years in federal prison for drug trafficking, U.S. Attorney Barry Grissom said today.

Alejandro Oviedo-Tagle, 36, St. Marys, Kan., pleaded guilty to one count of conspiracy to possess with intent to distribute methamphetamine.

Grissom commended Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI) and Assistant U.S. Attorney Greg Hough for their work on the case.

TOPEKA, KAN. – Three Kansas men who launched a global sales and supply network for a synthetic version of marijuana have been charged with violating the federal Food, Drug and Cosmetic Act, U.S. Attorney Barry Grissom said today.

A 64-page federal indictment alleges the men began selling K2 – named after the second-highest mountain in the world – at a shop in Lawrence, Kan., and quickly expanded the business to encompass a chain of suppliers, retailers, wholesalers and business associates that reached to California; Massachusetts; New Jersey; Portland, Oregon; Las Vegas, Nev.; Indianapolis, Ind.; Argentina; Latvia, Germany, Lithuania, United Kingdom, Ukraine, Netherlands, Canada, Sweden, Singapore, Thailand and Uruguay.

The indictment also alleges the defendants unlawfully smuggled and distributed a Chinese-made diet drug called Que She.

Named in the indictment are:

Bradley Miller, 55, Wichita, Kan., who was part owner of Persephone’s Journey, a retail store in Lawrence, Kan., and Bouncing Bear Botanicals, ostensibly a wholesaler of herbs and botanical products. Bouncing Bear Botanicals was located in the basement of Persephone’s Journey and then moved to a warehouse in Oskaloosa, Kan. Miller developed recipes for K2 and manufactured it.
Clark Sloan, 54, Tonganoxie, Kan., Miller’s brother, who developed and monitored the Bouncing Bear Botanical Web site and worked in marketing and Internet technologies.
Jonathan Sloan, 32, Lawrence, Kan., Clark Sloan’s son, who was co-owner with Miller of Persephone’s Journey and Bouncing Bear Botanicals.

Each of them is charged with the following:

One count of conspiracy to distribute a misbranded drug
One count of distributing K2, which is a misbranded drug.
One count of distributing Que She, a misbranded drug.
Eighteen counts of mail fraud.
One count of smuggling Que She into the United States
One count of smuggling K2 out of the United States
One count of smuggling Que She out of the United States
One count of conspiracy to commit money laundering.

The indictment alleges: – The defendants manufactured and distributed K2 as an “all natural product” but it contained synthetic chemicals called JWH Compounds that mimic the effects of the THC in marijuana. Their products also contained solvents, either the alcohol Everclear or acetone, as well as other additives.
– They manufactured and sold at least four types of K2 products: Standard, Citron, Blonde and Summit, with Standard being the least potent and Summit being the most potent, depending on the amount of JWH Compounds that were mixed with herbs. The defendants manufactured the K2 without quality controls, resulting in inconsistent potencies.
– They intended K2 products to be smoked like marijuana by recreational drug users, but they falsely referred to K2 products as aromatic incense and falsely labeled them as “not for consumption.” On Sacred Journey’s Facebook page they promoted what they called “K2 Smoke” as follows: “Ask about our new K2 smoke :) K2 = the second highest peak in the world :) Enjoy your journey!”
– Miller and Jonathan Sloan mailed samples of K2 to retail stores along with brochures and pricing information. They gave out free samples of K2 on what they called “Sample Sundays.”

The indictment quotes from e-mails the defendants sent and received including the following: – “I made a new batch...If this flies pretty fast, maybe we can make half a million or so real quick and then bail.”
– “We could name the whole line off of mountains. The higher the strength, the higher the mountain.”
– “Big shipments of some weird substance are going to raise lotsa red flags...As soon as they figure out that it gets people high – BOINK – illegal.”
– “I know that money looks good...But I think it is walking a shaky line. Playing one step ahead of the feds is whacked out.”

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.
Distributing misbranded K2 or misbranded Que She: A maximum penalty of three 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.
Smuggling Que She into the United States: A maximum penalty of 20 years and a fine up to $250,000.
Smuggling Que She or Que She out of the United States: A maximum penalty of 10 years and a fine up to $250,000.
Conspiracy to commit money laundering: A maximum penalty of 20 years and a fine up to $500,000.

The Food and Drug Administration investigated. Assistant U.S. Attorney Tanya Treadway is prosecuting.

TOPEKA, KAN. – A woman from Pretty Prairie, Kan., who fraudulently received payments from the Kansas Medicaid program to care for her sister with Downs Syndrome has pleaded guilty to federal health care fraud charges, U.S. Attorney Barry Grissom said today.

Lupe Adela Mains, 46, Pretty Prairie, Kan., pleaded guilty to one count of health care fraud and one count of mail fraud. In her plea, she admitted that from Oct. 1, 2007, to March 31, 2009, she received Medicaid funds for providing supportive home care services to her sister even though she had ceased to provide those services. In fact, Mains’ sister was being cared for by another family member in Wichita during that time.

In addition, Mains admitted that she fraudulently continued to collect her sister’s Railroad Retirement Board survivor disability benefits. Mains failed to disclose to the Railroad Retirement Board that her sister was no longer in her care.

Sentencing is set for July 1. The parties have agreed to recommend a sentence of one month incarceration, 13 months community confinement and restitution of $50,242. Grissom commended the Medicaid Fraud And Abuse Division of Kansas Attorney General Derek Schmidt’s office, Special Assistant U.S. Attorney Stefani Hepford and Assistant U.S. Attorney Tanya Treadway for their work on the case.

TOPEKA, KAN. – A woman from Wabaunsee County, Kan., has been sentenced to two years federal probation and ordered to pay a $5,000 fine for mortgage fraud, U.S. Attorney Barry Grissom said today.

Linda Kay Miller, 51, Alma, Kan., pleaded guilty to one count of bank fraud. In her plea, she admitted fraudulently submitting false documents to New Century Bank of Manhattan, Kan., in an effort to obtain a $200,000 mortgage loan. Miller admitted she created documents falsely stating that a $65,000 second mortgage on her home in Wabaunsee County had been paid in full. She filed the false documents with the Wabaunsee County Register of Deeds.

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

KANSAS CITY, KAN. – The owners and managers of a framing company in Spring Hill, Kan., have been charged with harboring undocumented aliens who worked for the company, U.S. Attorney Barry Grissom said today.

An indictment unsealed here today alleges that Advantage Framing knowingly employed undocumented aliens for the purpose of commercial advantage and private financial gain. The company issued checks to crew leaders, who in turn cashed the checks and paid the undocumented workers in cash.

“The indictment alleges the defendants devised a scheme to lower their operating costs and boost their profits by employing undocumented workers,” said U.S. Attorney Barry Grissom. “The company did not pay for Social Security, workers compensation or unemployment insurance benefits for those employees.”

Advantage Framing provided local builders and contractors with engineered floor, pre-built wall panels and roof truss systems, along with onsite framing erection labor. The company had two components. Advantage Framing Systems, Inc., was the umbrella for the framing services and trucking. Advantage Component Systems, Inc., carried out the equipment, lumber, inventory and design functions.

The following defendants are charged in the indictment:

James Humbert, 44, owner of Advantage Framing, who is charged with one count of conspiracy to harbor illegal aliens for commercial advantage and private financial gain, 11 counts of harboring illegal aliens, one count of conspiracy to commit money laundering and 18 counts of money laundering.
Kimberly Humbert, 46, wife of James Humbert and co-owner of Advantage framing, who is charged with one count of conspiracy to harbor illegal aliens for commercial advantage and private financial gain, 11 counts of harboring illegal aliens, one count of conspiracy to commit money laundering and 18 counts of money laundering.
Charles Stevens II, 50, brother of Kim Humbert and part-owner of Advantage Framing, who is charged with one count of conspiracy to harbor illegal aliens for commercial advantage and private financial gain, 11 counts of harboring illegal aliens, one count of conspiracy to commit money laundering and 18 counts of money laundering.
Jose Ramon Caro-Corral, 57, a crew leader for the company, who is charged with one count of conspiracy to harbor illegal aliens for commercial advantage and private financial gain, 11 counts of harboring illegal aliens, one count of conspiracy to commit money laundering, and two counts of money laundering.
Angel Arguello-Plata, 30, a crew leader for the company, who is charged with one count of conspiracy to harbor illegal aliens for commercial advantage and private financial gain, 11 counts of harboring illegal aliens, one count of conspiracy to commit money laundering, and two counts of money laundering.
Dennis Erickson Portillo, 29, a crew leader for the company, who is charged with one count of conspiracy to harbor illegal aliens for commercial advantage and private financial gain, 11 counts of harboring illegal aliens, one count of conspiracy to commit money laundering, and two counts of money laundering.
Jorge Uriel Delgado-Ovalle, 32, a crew leader for the company, who is charged with one count of conspiracy to harbor illegal aliens for commercial advantage and private financial gain, 11 counts of harboring illegal aliens, one count of conspiracy to commit money laundering, and two counts of money laundering.
Advantage Framing System, Inc., which is charged with one count of conspiracy to harbor illegal aliens for commercial advantage and private financial gain, 11 counts of harboring illegal aliens, one count of conspiracy to commit money laundering and 18 counts of money laundering.

The indictment alleges James Humbert, Kimberly Humbert, Charles Stevens and the company itself were responsible for hiring undocumented workers for the purpose of lowering the company’s operating costs. The wages the company paid did not include the employer’s share of Social Security payments, workers compensation, or unemployment insurance benefits paid to lawfully employed workers in the construction industry. They placed themselves at a competitive advantage to other builders who did not employ undocumented workers.

The investigation began in March 2012 when the U.S. Department of Homeland Security and the Internal Revenue Service received information that the owners of Advantage Framing and its components employed undocumented workers. To pay the undocumented workers, the company relied on a method in which certain undocumented aliens who served as framing crew leaders obtained proof of insurance coverage. The crew leaders received checks from the company and they were responsible for paying the undocumented workers in their crews. Kim Humbert served as the point of contact from the framing crews for obtaining required liability insurance.

Sometime in 2005, James Humbert told a potential investor in Advantage that he knew of an individual who makes fraudulent identification documents for Advantage’s undocumented workers.

Advantage employed 25 to 33 crews. A framing crew consisted of five or six workers.

Advantage required crew leaders to attend safety training meetings at the main office. At the meetings, additional topics such as how to react if investigators from the Occupational Safety and Health Administration conducted a site inspection were discussed. Workers were instructed to tell OSHA they worked for a sub-contractor and not directly for Advantage.

The indictment alleges that James Humbert and Kim Humbert practiced running a drill in the event that immigration official came to the business. They remarked that the “white guys would have no clue what to do while everyone else ran and hid.”

Upon conviction, the alleged crimes carry the following penalties: Conspiracy to harbor undocumented aliens: A maximum penalty of five years in federal prison and a fine up to $250,000.
Harboring undocumented aliens: A maximum penalty of five years and a fine up to $250,000 on each count.
Conspiracy to commit money laundering: A maximum penalty of 20 years and a fine up to $250,000.
Money laundering: A maximum penalty of 20 years and a fine up to $250,000 on each count.

U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI) and the Internal Revenue Service investigated. Assistant U.S. Attorney Jabari Wamble is 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 pleaded guilty to embezzling more than $500,000 from the commercial construction company where he worked, U.S. Attorney Barry Grissom said today.

Larry D. Lord, 63, 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 1995 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 of $103,962.

Sentencing is set for July 1. He faces a maximum penalty of 20 years and a fine up to $250,000 on the mail fraud count and a maximum penalty of three years and a fine up to $250,000 on the income tax charge. 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.

WICHITA, KAN. – A Wisconsin man has been charged with taking part in a cyber-attack on Koch Industries in Wichita that was organized by a group called Anonymous, U.S. Attorney Barry Grissom said today.

Eric J. Rosol, 37, Black Creek, Wis., is charged with one count of conspiracy to damage a protected computer and one count of damaging a protected computer. The indictment alleges the following:

In February 2011, a loosely organized group of computer hackers called Anonymous began using Internet Relay Chat (IRC) channels to advertise a dedicated denial of service attack against Koch industries and seeking participants to the attack. Such an attack aims at making a computer resource unavailable to users by saturating the target computer with large numbers of external communication requests. If successful, the attack causes the target computer to be unable to respond or to respond so slowly as to be effectively unavailable to users.

The attack was to be undertaken using a tool known as a “Low Orbit Ion Cannon” that could send a high volume of repeated requests to Koch Web sites.

On Feb. 27, 2011, Anonymous told conspirators to use the Low Orbit Ion Cannon to attack a Koch Industries Web site, “quiltednorthern.com.”

On Feb. 28, 2011, Anonymous told conspirators to attach a Koch Industries Web site, “Kochind.com.” Rosol and others launched Low Orbit Ion Cannon attacks on “Kochind.com.”

As a result of the attack, the Web site “Kochind.com” crashed and was unavailable for legitimate traffic.

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

OTHER INDICTMENTS

Maurice Kariuki Gita Waweru, 36, a citizen of Kenya, is charged two counts of failing to depart the United States as ordered and two counts of forcibly resisting agents of Homeland Security. The crimes are alleged to have occurred in January 2013 in Sedgwick County.

If convicted, he faces a maximum penalty of four years in federal prison without parole and a fine up to $250,000 on each count of failing to depart the country as ordered, and a maximum penalty of eight years and a fine up to $250,000 on each count of forcibly resisting. ICE’s Enforcement and Removal Operations investigated. Assistant U.S. Attorney Brent Anderson is prosecuting.

Rigoberto Navarrete-Pena, 33, a citizen of Mexico, is charged with one count of unlawful possession of a firearm by an illegal alien, one count of possessing a stolen firearm, one count of unlawful possession of a firearm by a user of controlled substances and one count of possession of methamphetamine. The crimes are alleged to have occurred March 19, 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 both on the counts of unlawful possession of a firearm by an alien and possession of a stolen firearm. He faces a maximum penalty of a year in prison and a fine up to $1,000 on the misdemeanor methamphetamine charge. The Wichita Police Department investigated. Assistant U.S. Attorney Lanny Welch is prosecuting.

Marcus Sanders, 30, Wichita, Kan., and Christopher Williams, 30, Wichita, Kan., are charged with one count of possession with intent to distribute crack cocaine. In addition, Sanders is charged with one count of unlawful possession of a firearm in furtherance of drug trafficking. The crimes are alleged to have occurred Aug. 2, 2012, in Sedgwick County, Kan.

Upon conviction the crimes carry the following penalties: Possession with intent to distribute crack: Not less than five and not more than forty years and a fine up to $2 million.
Unlawful possession of a firearm in furtherance of drug trafficking:Not less than five years and a fine up to $250,000.

The Wichita Police Department investigated. Special Assistant U.S. Attorney Michelle Jacobs is prosecuting.

William P. Cadle, 49, DeKalb, Texas, is charged with one count of making false statements to a government agency, four counts of loan fraud, and one count of criminal conversion of mortgaged property. The crimes are alleged to have occurred at various times during 2008 through 2012 in Montgomery County, Kan.

The indictment alleges he made false statements in order to qualify for a Farmer Service Agency operating loan and that he overvalued property in order to defraud the First National Bank.

If convicted, he faces a maximum penalty of five years in federal prison and a fine up to $250,000 on the charge of making false statements to the government; a maximum penalty of 30 years and a fine up to $1 million on each count of loan fraud; and a maximum penalty of five years and a fine up to $250,000 on the count of criminal conversion of mortgaged property. The U.S. Department of Agriculture investigated. Assistant U.S. Attorney Aaron Smith is prosecuting.

Leonel Vazquez-Juarez, 40, a citizen of Mexico, is charged with unlawfully re-entering the United States after being deported. He was found March 8, 2013, in Sedgwick County, Kan.

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

Edgar Juarez-Perez, 25, a citizen of Guatemala, is charged with unlawfully re-entering the United States after being deported. He was found March 8, 2013, in Sedgwick County, 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 Enforcement and Removal Operations investigated. Assistant U.S. Attorney Brent Anderson is prosecuting.

Paul David Lieder, 39, Hillsboro, Kan., is charged with one count of Social Security disability fraud. The crime is alleged to have occurred at various times from November 2008 to August 2012 in Marion County, Kan.

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

L.T. Baker, 54, Wichita, Kan., is charged with is charged with one count of Social Security disability fraud. The crime is alleged to have occurred at various times from 2000 to September 2012 in Sedgwick County, Kan.

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

Curtis Profit, 31, Wichita, Kan., is charged with one count of unlawful possession of a firearm after a felony conviction. The crime is alleged to have occurred Jan. 24, 2013, in Sedgwick County, Kan.

If convicted, he faces a maximum penalty of 10 years 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.

KANSAS CITY, KAN. – Two Kansas men have been charged as a result of a federal investigation into organized dog fighting, U.S. Attorney Barry Grissom said today.

Charged in a criminal complaint unsealed Monday in U.S. District Court in Kansas City, Kan., were: Pete Davis, Jr., 38, Kansas City, Kan., and Melvin Robinson, 41, Kansas City, Kan. Both men were charged with one count of buying, selling, delivering or transporting animals for participation in an animal fighting venture.

The complaint alleges Davis and Robinson owned as many as 60 dogs -- mostly pit bulls -- that they trained and took to dog fights. They kept the dogs at a farm in Harrison County, Mo., and at their residences in Kansas City, Kan, and transported some of them to fights as far away as Dallas, Texas.

"Dog fighting is not a sport -- it is a crime," said U.S. Attorney Barry Grissom. "Federal law prohibits cruelty to animals on the level of the events that are alleged in these charges."

Grissom thanked the American Society for the Prevention of Cruelty To Animals for assisting investigators by agreeing to house and care for dogs that were seized by investigators.

According to court documents, an FBI investigation that began in November 2012 revealed that:

-- To train dogs for fighting, Robinson had a treadmill at his residence in Kansas City, Kan. He routinely placed a harness on a dog and chained the harness to the treadmill for several hours at a time. The treadmill was equipped with a plywood box to keep the dog on the treadmill. Robinson also put weights on the dog to strengthen it and provided caged live chickens in front of the treadmill as bait.
-- Robinson and Davis discussed betting $20,000 to $30,000 on a dog they were training for a fight scheduled to take place on March 23, 2013, in Dallas, Texas. They called such fights "dog shows."
-- On March 17, 2013, Davis and Robinson held three dog fights involving six dogs at the farm in Missouri in preparation for the dog fight in Dallas.
-- At various times during the investigation, dogs died at the farm in Missouri and their bodies were discarded.
-- On March 22, 2013, investigators followed Robinson and Davis as they traveled to a location near Tyler, Texas, for a dog fight.

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

"In 2008, after the Michael Vick case, Congress increased the punishment for dog fighting," Grissom said. "What was a misdemeanor is now a felony with punishment up to five years."

Grissom thanked the following agencies for their work on the case: 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.

KANSAS CITY, KAN. – Thirteen men have been charged with federal firearms violations, drug trafficking or other crimes as a result of an ATF undercover investigation in Kansas City, Kan., U.S. Attorney Barry Grissom and ATF Special Agent In Charge Marino Vidoli announced today.

In addition, four other defendants were charged in state district court in Wyandotte County as a result of the investigation.

Investigators seized 46 firearms as well as cocaine, crack, methamphetamine, marijuana, prescription drugs and more than $17,500 in cash.

Seven defendants named in grand jury indictments that have been unsealed so far are:

Filiberto Avalos, 27, ten counts of unlawful possession of a firearm by an alien unlawfully in the United States, ten counts of unlawful possession of a firearm after a felony conviction, one count of distributing cocaine and five counts of distributing methamphetamine.
Marty D. Baskin, 30, one count of unlawful possession of ammunition after a felony conviction.
Rene A. Espinoza, 27, one count of unlawful possession of a firearm by an alien unlawfully in the United States.
Antonio Campos Morales, 30, one count of unlawful possession of a firearm by an alien unlawfully in the United States.
Michael Wuellner, Jr., 27, one count of conspiracy to possess with intent to distribute methamphetamine, one count of distributing cocaine, four counts of unlawfully possessing a firearm after a felony conviction and three counts of distributing methamphetamine, Jerrade D. Wilhelm, 19, one count of conspiracy to possess with intent to distribute methamphetamine, three counts of distributing cocaine, eight counts of unlawfully possessing a firearm after a felony conviction and two counts of distributing methamphetamine, Randall J. Chapman, 43, one count of conspiracy to possess with intent to distribute crack cocaine and 13 counts of distributing crack cocaine.

Names of six other defendants have not been released.

Upon conviction, the crimes carry the following penalties:

Possession of a firearm by an alien unlawfully in the United States: A maximum penalty of 10 years in federal prison and a fine up to $250,000.
Unlawful possession of a firearm or ammunition after a felony conviction: A maximum penalty of 10 years in federal prison and a fine up to $250,000.
Distributing cocaine: A maximum penalty of 20 years and a fine up to $1 million.
Distributing methamphetamine: Not less than five years and not more than 40 years and a fine up to $5 million.
Unlawful possession of a firearm not registered in the National Firearms Registration and Transfer Record: A maximum penalty of 10 years and a fine up to $250,000.
Conspiracy to possess with intent to distribute methamphetamine: Not less than 10 years and not more than life and a fine up to $10 million.
Conspiracy to possess with intent to distribute crack cocaine: A maximum penalty of 20 years and a fine up to $5 million.


The ATF, the DEA, the Kansas City, Kan., Police Department and the Wyandotte County District Attorney’s Office investigated. Assisting with arrests were Homeland Security Investigations and the U.S. Marshals Service. Assistant U.S. Attorney Terra Morehead and Assistant U.S. Attorney Trent Krug are prosecuting.

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

WICHITA, KAN. – A Mexican national has been sentenced to more than five years in prison for illegal possession of firearms, U.S. Attorney Barry Grissom said today.

Guadalupe Burciaga-Alcantar, 39, lived in Wichita but is from Ojinaga, Mexico. He was arrested in October 2012 after a traffic stop by deputies of the Sedgwick County Sheriff’s Department in which two loaded handguns were recovered from a pickup truck Burciaga was driving. Burciaga admitted to the deputies the firearms were his.

Burciaga pleaded guilty in December to the charge of illegal alien in possession of a firearm. He was sentenced Monday by U.S. District Judge Monti L. Belot to 65 months in a U.S. prison to be followed by deportation to Mexico. The same federal statutes that prohibit felons from possessing firearms also prohibit persons unlawfully in the United States to possess firearms, Grissom said.

“The U.S. Attorney’s office in Kansas aggressively enforces laws that prohibit the unlawful possession of firearms,” Grissom said. “Whether they are felons or have no status in the U.S., if they possess firearms they should expect to be prosecuted and incarcerated.”

Grissom praised the Sedgwick County Sheriff’s office and Homeland Security’s Enforcement and Removal Operations for their investigation of the case and Assistant U.S. Attorney Brent Anderson for his prosecution.

TOPEKA, KAN. – A former employee of a credit union in Dickinson County has been sentenced to two years probation for embezzling $85,000, U.S. Attorney Barry Grissom said today. She also was ordered to pay $85,000 in restitution.

Deborah A. Bomia, 46, Enterprise, Kan., pleaded guilty to one count of embezzlement. In her plea, she admitted the crime occurred from April 30, 2005, to Aug. 8, 2011, while she worked for Enterprise Credit Union in Enterprise, Kan.

Bomia kited checks between accounts in her name at Enterprise Credit Union, creating false and fictitious balances. The embezzlement involved making a large deposit toward the end of the month, which would be included in the general ledger, but the actual deposit would not be sent to the corporate checking account until around the middle of the next month. At the same time, another larger check would be drafted out of Bomia’s credit union checking account. The final deposit to the general ledger was recorded July 29, 2011, in the amount of $85,000. The money was never deposited to the credit union’s corporate account.

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

TTOPEKA, KAN. – A Kentucky man has been sentenced to 10 months in federal prison to be followed by a year on supervised release after pleading guilty in a counterfeit credit card case, U.S. Attorney Barry Grissom said today.

Craig C. Harris, 38, Louisville, Kentucky, pleaded guilty to one count of unlawful possession of a device for making credit cards. In his plea, Harris admitted that the Kansas Highway Patrol stopped the car he was driving Oct. 29, 2012, in Wabaunsee County, Kan. A search of the car turned up a Custom Card System CCS2300 credit card embossing machine and 11 envelopes containing pre-paid Ready Debit Visa credit cards bearing the names of various individuals. In addition, investigators found four American Express Optima credits cards and one Union Bank Visa card, all bearing Harris’ name. The numbers on the cards were not legitimately issued to Harris.

Grissom commended the Kansas Highway Patrol, the FBI and Assistant U.S. Attorney Richard Hathaway for their work on the case.

TOPEKA, KAN. – A Topeka business owner has pleaded guilty to writing more than 5,000 insufficient fund checks in a check kiting scheme, U.S. Attorney Barry Grissom said today.

John Charles Humpage, III, 48, Topeka, Kan., pleaded guilty to one count of bank fraud. In his plea, he admitted that in 2008 he defrauded the Educational Credit Union, Kaw Valley State Bank and Alliance Bank. Humpage did business under various names including Humpco, Inc., Crescent Limousine, Yellow Cab of Topeka and Wire and Glass Lease, LLC. He carried out a scheme to defraud the banks by exchanging and cross-depositing insufficiently funded checks between two or more of his bank accounts. In that manner, he generated artificially inflated account balances. The check kiting scheme utilized bank system “float” periods for purposes of creating artificially enhanced bank account balances.

From May through August 2008 he exchanged and cross deposited more than 5,000 insufficient checks and created in excess of $78 million in aggregate deposit amounts. Those deposits falsely inflated his bank account balances by more than $600,000.

Sentencing is set for June 10. He faces a maximum penalty of 30 years in federal prison and a fine up to $1 million. Grissom commended the FBI and Assistant U.S. Attorney Richard Hathaway for his work on the case.

KANSAS CITY, KAN. – The owner of an Olathe drywall contracting company has pleaded guilty to 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.

Sentencing is set for June 17. He faces a maximum penalty of five years in federal prison and a fine up to $250,000. IRS Criminal Investigation investigated. Assistant U.S. Attorney Scott Rask is prosecuting.

WICHITA, KAN. – A Wichita man has been sentenced to 46 months in federal prison for robbing an Intrust Bank branch in a grocery store in west Wichita, U.S. Attorney Barry Grissom said today.

David D. Spenst, 46, pleaded guilty to one count of bank robbery. In his plea, he admitted that on Oct. 15, 2012, Spenst robbed the Intrust Bank branch located inside the Dillon’s grocery store at 10222 W. 21st in Wichita. He entered the bank about 5:42 p.m. and asked to speak to someone about a loan. He told an assistant manager he had a gun and a bomb and offered to show the manager the gun. The manager put money from the teller drawers into a manila envelope, which Spent took with him when he left the bank.

After the Wichita Police Department released video from bank surveillance cameras, investigators received information that Spenst was the robber. He was arrested Oct. 17 while he was staying at the Drury Hotel in Wichita. Investigators recovered cash from the robbery, a realistic looking air pistol, a metal aerosol can covered in black tape to resemble a bomb and a T-shirt bearing the words “Cheese Steak” that Spenst wore during the robbery.

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

KANSAS CITY, KAN. - A Kansas City, Mo., man was sentenced Tuesday to 188 months in federal prison for robbing an Overland Park bank with a hatchet, U.S. Attorney Barry Grissom said.

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

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

WICHITA, KAN. – A former coffee shop owner from Salina, Kan., has been sentenced to a year on federal probation for selling a misbranded product known as Aromatic Potpourri that contained a substance mimicking the active ingredient in marijuana, U.S. Attorney Barry Grissom said today.

Erick Srack, 44, Salina, Kan., pleaded guilty to one count of introducing a misbranded drug into interstate commerce. In his plea, he admitted that while he owned The Grind, a coffee shop in Salina, he sold Aromatic Potpourri, which contained synthetic chemicals generally known as "JWH compounds" that mimicked the effects of THC, the active ingredient in marijuana.

Aromatic Potpourri was intended to be used as a recreational drug that would be smoked. Srack sold the Aromatic Potpourri in zip lock plastic bags with a paper label. The label did not list JWH Compounds among the ingredients.

The U.S. Food and Drug Administration is the federal agency charged with enforcing federal health and safety laws pertaining to drugs sold for human use. The federal Food, Drug and Cosmetic Act requires that drugs be labeled so that a layperson can administer the drug safely for the purposes for which it is intended. The FDA considers street drug alternatives like Aromatic Potpourri to be unapproved new drugs and misbranded drugs that violate the FDCA.

Srack is serving a sentence in state prison in Kansas after being convicted in state district court of selling illegal drugs.

Grissom commended the FDA and Assistant U.S. Attorney Tanya Treadway for their work on the case.

TOPEKA, KAN. – Ruben Dean Littlehead, 38, Lawrence, Kan., and Brian K. Stoner, 32, Ponca City, Okla., are charged with unlawfully selling feathers from eagles and hawks covered by a federal law protecting migratory birds, U.S. Attorney Barry Grissom said today. The crimes are alleged to have occurred in Douglas County, Kan.

Federal law (Title 16, United States Code, Section 703) prohibits taking, killing or possessing migratory birds. The U.S. Fish and Wildlife Service maintains a National Eagle Repository in Colorado for the purpose of providing Eagle feathers to Native Americans for use in Indian religious and cultural ceremonies. For more information, see:

http://www.fws.gov/le/national-eagle-repository.html

The indictment alleges:

On Sept. 15, 2008, Littlehead sold a bustle made with 68 feathers from a Golden eagle (Aquila chrysaetos).

On Nov. 22, 2008, Littlehead sold 11 tail feathers and a wing from a Golden eagle (Aquila chrysaetos).

On Feb. 26, 2009, Littlehead and Stoner offered for sale parts of a Bald eagle (Haliaeetus leucocephalus), a Golden Eagle (Aquila chrysaetos), and a Crested Caracara (Mexican Eagle, Caracara cheriway). They sold a tail feather fan made from feathers of a Bald eagle.

On Feb. 26, 2009, they sold a bustle made of feathers of a rough-legged hawk and ferruginous hawk (Bueto lagopus and Buteo regalis).

If convicted, they face a maximum penalty of five years in federal prison and a fine up to $250,000 on each count. The U.S. Fish and Wildlife Service investigated. Assistant U.S. Attorney Randy Hendershot is prosecuting.

OTHER INDICTMENTS

Robert Eugene Gibson, 26, who is being held in the Shawnee County Jail, is charged with one count of bank robbery. The indictment alleges that on Feb. 22, 2013, he robbed the Lyndon State Bank at 1535 S.W. Fairlawn Road in Topeka.

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

John Duncan, 52, Topeka, Kan., is charged with one count of bank fraud and one count of money laundering. The crimes are alleged to have occurred in Douglas County, Kan. in April 2008. The indictment alleges that Duncan, who at the time was the Chief Financial Officer of Schmidt Builders Supply, Inc., and a member in Blue Jay Properties L.L.C., provided false information to University National Bank of Lawrence, Kan., to support a $15.2 million construction loan to Blue Jay Properties. Blue Jay properties was formed to develop the Quinton Pointe Apartments project in Junction City, Kan., and the loan was for the purpose of funding the apartment project. It is alleged that Duncan and the members in Blue Jay Properties needed to provide $1.225 million in collateral and that Duncan wrote a letter to UNB falsely representing that all the lumber for the project, representing collateral for the loan, was prepaid in full and being held by Schmidt Builders. The money laundering charge alleges Duncan made a wire transfer of the money obtained through the bank fraud.

If convicted, he faces a maximum penalty of 30 years and a fine up to $1 million on the bank fraud count; and a maximum penalty of 10 years on the wire fraud count. The Internal Revenue Service, Criminal Investigations Division; Federal Deposit Insurance Corporation, Office of Inspector General; Federal Reserve Board, Office of Inspector General; and U.S. Department of Labor, investigated. Assistant U.S. Attorney Duston Slinkard is prosecuting.

Taron Alonzo Huggins, 24, who is being held in the Shawnee County Jail, is charged with one count of unlawful possession of a firearm after a felony conviction. The crime is alleged to have occurred Jan. 25, 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 FBI investigated. Assistant U.S. Attorney Jared Maag is prosecuting.

John T. Arlett, 43, Florissant, Mo., is charged with one count of possession with intent to distribute more than 100 kilograms of marijuana. The crime is alleged to have occurred Dec. 19, 2012, in Wabaunsee 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 Drug Enforcement Administration investigated. Assistant U.S. Attorney Duston Slinkard is prosecuting.

Juan D. Morales, 26, is charged with one count of unlawful possession of a firearm after a felony conviction and one count of knowingly possessing a stolen firearm. The crimes are alleged to have occurred March 7, 2010, in Ford County, Kan.

If convicted, he faces a maximum penalty of 10 years in federal prison and a fine up to $250,000 on each count. The Ford County Sheriff’s Office and the Bureau of Alcohol, Tobacco, Firearms and Explosives investigated. Assistant U.S. Attorney Lanny Welch is prosecuting.

Carlos Gonzalez-Gonzalez, 55, a citizen of Mexico, is charged with unlawfully re-entering the United States after being deported. He was found Feb. 4, 2013, in Sedgwick County, Kan.

If convicted, he faces a maximum penalty of 20 years and a fine up to $250,000. ICE’s Enforcement and Removal Operations investigated. Assistant U.S. Attorney Lanny Welch is prosecuting.

Alfredo Cruz-Nino, 24, a citizen of Mexico, is charged with two counts of unlawful possession of a firearm by an illegal alien, one count of possession with intent to distribute marijuana and one count of unlawfully re-entering the United States after being deported. He was found Feb. 13, 2013, in Sedgwick County, Kan.

Upon conviction, the crimes carry the following penalties: Unlawful possession of a firearm by an illegal alien: A maximum penalty of 10 years in federal prison without parole and a fine up to $250,000 on each count.
Possession with intent to distribute marijuana: A maximum penalty of 20 years and a fine up to $250,000.
Unlawful re-entry: A maximum penalty of two years and a fine up to $250,000.

ICE’s Fugitive Operations investigated. Assistant U.S. Attorney Brent Anderson is prosecuting.

Rosendo Lopez-Rojas, 32, a citizen of Mexico, is charged with unlawfully re-entering the United States after being deported. He was found Feb. 27, 2013, in Sedgwick County, Kan.

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

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 charged with bank robbery, U.S. Attorney Barry Grissom said today.

Billy L. Wilson, 52, Wichita, Kan., is charged with one count of bank robbery. A criminal complaint filed in U.S. District Court in Wichita alleges that on March 1 Wilson robbed the Commerce Bank at 456 N. Main in Wichita. The complaint alleges that Wilson entered the bank about 10:20 a.m. on March 1. He handed a teller a demand note saying, “This is a robbery. I have a gun. Give me the money,” or words to that effect.

After bank surveillance photos of the robbery were made public, police received a tip that the robber was known from participating in a drug recovery program. On March 1, officers of the Wichita Police Department tracked the robber to a residence in the 800 block of South Hydraulic but he was not at home. They called his cellular phone number. Later in the day he turned himself in at the Sedgwick County Jail.

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

KANSAS CITY, KAN. – An Ottawa, Kan., woman has been sentenced to 25 years in federal prison for running a prescription drug trafficking ring tied to the death of a man who died from taking a mixture of prescription drugs, U.S. Attorney Barry Grissom said today.

Connie Edwards, 61, Ottawa, Kan., pleaded guilty to one count of conspiracy to possess with intent to distribute prescription drugs. In her plea, she admitted that from Nov. 1, 2007, to Feb. 28, 2012, she conspired with others to distribute oxycodone, hydrocodone, methadone, morphine and other prescription drugs in Ottawa.

An investigation began early in 2010 when the Franklin County Drug Enforcement Unit received information that people working for Edwards were distributing prescription drugs in Ottawa. Sources told investigators Edwards rented to people who paid her in prescription pills and she accepted stolen property in payment for pills.

On May 10, 2009, a victim who bought drugs from the Edwards' organization, was found unconscious in the living room of his mother's home. He was taken to a hospital and pronounced dead. An autopsy revealed that he died from taking a toxic combination of methadone, hydrocodone and carisoprodol.

Investigators learned that the afternoon before the victim died he went to Edwards' house, where he bought a white powder he was told was methamphetamine. In fact, one of Edwards' associates produced the powder by crushing prescription pills including hydrocodone, methadone and carisoprodol. Edwards was present when the victim bought the drugs, but the associate handled the sale. Later that evening, the victim purchased prescription pills from Edwards, who delivered the pills to the victim in a van outside the Hidden Meadows apartment complex in Ottawa. The victim then took the pills and injected the substance he believed was methamphetamine, creating a toxic combination that caused his death.

Investigators documented numerous incidents in which Edwards and her associates sold prescription drugs.

Co-defendants include: Brittany Edwards, 20, Ottawa, Kan., who is set for sentencing May 6. Shirley Price, 45, Ottawa, Kan., who is set for sentencing June 10.
Dustin Price, 24, Ottawa, Kan., who is set for sentencing May 6.
Joel Keith Price, 55, Ottawa, Kan., who is set for sentencing May 6.
Morgan Price, 22, Ottawa, Kan., who was sentenced to 5 years probation with 6 months in the halfway house.
Brandi Bivens, 31, Ottawa, Kan., who is set for sentencing July 22.
Angela Mitchell, 36, Ottawa, Kan., who is set for sentencing April 29.
Tamara Ledom, 37, Ottawa, Kan., who is set for sentencing May 28.
Florence Edwards, 39, Ottawa, Kan., who is set for sentencing April 15.

Grissom commended the Franklin County Drug Task Force, the Drug Enforcement Administration, the Ottawa Police Department, the Franklin County Sheriff’s Office, the Internal Revenue Service, the Kansas Bureau of Investigation and Assistant U.S. Attorney Sheri McCracken for their work on the case.

TOPEKA, KAN. – Four Topeka men have been charged in a series of commercial robberies, U.S. Attorney Barry Grissom said today.

Charged are: Johnnie Lee McCall, 28, Topeka, Kan., who is charged with three counts of commercial robbery and two counts of brandishing a firearm during robberies.
Jordan Christopher Lucas, 26, Topeka, Kan., who is charged with two counts of commercial robbery and one count of brandishing a firearm during a robbery.
Alonzo Nathan Lax, 26, Topeka, Kan., who is charged with two counts of robbery and two counts of brandishing a firearm during robberies.
David Pierre Wigfall, 22, Topeka, Kan., who is charged with one count of robbery and one count of brandishing a firearm during a robbery.

The indictment alleges that: On Feb. 12, McCall and Lucas robbed the Dollar General store at 1001 SW Fairlawn Road in Topeka.
On Feb. 27, McCall, Lucas and Lax robbed the Baskin Robbins at 4400 SW 21st Street in Topeka. They allegedly brandished firearms during the robbery.
On March 1, McCall, Lax and Wigfall robbed Little Caesars at 2620 SW Sixth, Suite B, in Topeka. They allegedly brandished firearms during the robberies.

Upon conviction, the crimes carry the following penalties: Commercial robbery: A maximum penalty of 20 years in federal prison and a fine up to $250,000 on each count.
Brandishing a firearm during a crime of violence: A penalty of not less than seven years and not more than life and a fine to $250,000 pm each count.

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

KANSAS CITY, KAN. – A man from Olathe, Kan., has been sentenced to 21 months in federal prison for failing to file federal currency transaction reports, U.S. Attorney Barry Grissom said today.

Pedro R. Padilla, 46, Olathe, Kan., pleaded guilty to 10 counts of willfully failing to file currency reports. A criminal information filed in June 2012 in U.S. District Court in Kansas City, Kan., alleged that the transactions occurred at Novedades El Guero, an Olathe business engaged in check cashing. The information alleged Padilla failed to make reports on 10 transactions that took place in 2011 ranging from $10,541 to $44,840.

Grissom commended the Internal Revenue Service, Criminal Investigation, and Assistant U.S. Attorney Jabari Wamble for their work on the case.

WICHITA, KAN. – An optometrist from Derby, Kan., has pleaded guilty to wire fraud in a scheme to collect more than $500,000 in pay for eye exams that were never performed, U.S. Attorney Barry Grissom said today.

Wade D. Abbey, 47, Derby, Kan., pleaded guilty to five counts of wire fraud. An indictment filed in March 2012 alleged that Abbey and his wife, Mindy L. Abbey, both of whom were optometrists, worked for Visions Doctors of Optometry. They were paid an hourly wage and additional fees for each full eye exam they conducted. He inflated the number of eye exams they performed and provided false information to an accountant who paid them based on the false information.

In his plea, Abbey admitted that: On Jan. 6, 2010, he sent an email stating that he provided 177 full eye exams and his wife provided 160 full eye exams, which he knew was not true.
On Jan. 20, 2010, he sent an email stating he provided 197 full eye exams and his wife provided 186 full eye exams, which he knew was not true.
On Feb, 3, 2010, he sent an email stating he provided 206 full eye exams and his wife provided 185 full eye exams, which he knew was not true.
On March 31, 2010, he sent an email stating he provided 207 full eye exams and his wife provided 185 full eye exams, which he knew was not true.
On June 23, 2010, he sent an email stating he provided 187 full eye exams and his wife provided 176 full eye exams, which he knew was not true.

As a result of the fraud, he was paid $583,060.

Sentencing is set for May 16, 2013. He faces a maximum penalty of 20 years in federal prison and a fine up to $250,000 on each count, as well as an order to pay restitution.

Co-defendant Mindy Abbey is awaiting trial.

Grissom commended the FBI and Assistant U.S. Attorney Debra Barnett for their work on the case.

KANSAS CITY, KAN. – A woman from Leavenworth, Kan., has been sentenced to a year and a day in prison for fraudulently collecting disability benefits while working in federal and state jobs, U.S. Attorney Barry Grissom said today. She also was ordered to pay $76,875 in restitution.

Tya Dejuan Tiller, 38, Leavenworth, Kan., pleaded guilty to one count of Social Security fraud and one count of theft of public funds.

In her plea, Tiller admitted that beginning in September 2003 she applied for and received Social Security Disability Insurance Benefits claiming a disabling condition. She continued to receive benefits while working in 2005, 2006 and 2007 for the Veterans Administration as a contract representative for VA beneficiaries, and in 2007, 2008 and 2009 as a human services specialist for the Kansas Department of Social and Rehabilitation Services. She did not report to the Social Security Administration that she was working, which she was required to do under the rules of the program.

Tiller also admitted that while working as a caseworker for the Kansas Dept. of Social and Rehabilitation Services, she put false information in the records of at least four individuals who were no longer eligible for food stamp benefits in order to convert to her own use $11,234.

Grissom commended the Social Security Administration’s Office of Inspector General, the U.S. Department of Agriculture’s Office of Inspector General, the Kansas Dept. of Social and Rehabilitation Services’s Legal Division, Assistant U.S. Attorney Tris Hunt and Special Assistant U.S. Attorney Trey Alford for their work on the case.

KANSAS CITY, KAN. – A professional hunter from Tennessee will has been sentenced to three years on federal supervised release for a Lacey Act violation in Kansas, U.S. Attorney Barry Grissom said today. The hunter will lose his hunting privileges throughout the United States for six months, as well as paying a $10,000 fine and $10,000 in restitution.

William “Spook” Spann, 50, Dickson, Tenn., pleaded guilty to a misdemeanor count of transporting across state lines wildlife that was taken unlawfully in Kansas. In his plea, Spann admitted that in mid-November 2007 he unlawfully took a white-tailed deer in Stafford County, Kan. Spann took the deer on land owned by another person, in violation of Spann’s hunting permit, which entitled him to hunt only on land that he owned.

On a scouting trip, Spann and a cameraman spotted a deer at a distance of several hundred yards with the wind blowing in their faces so that the deer would not be able to hear or smell their approach. With a video camera rolling, Spann stalked to within 10 yards of the deer. Spann drew his bow and killed the deer with an arrow.

Federal investigators served a search warrant at Spann’s home in Tennessee, where they seized the antlers of the Kansas deer.

Grissom commended the U.S. Fish and Wildlife Service, the Kansas Department of Wildlife, Parks and Tourism, the Tennessee Wildlife Resources Agency and Assistant U.S. Attorney Chris Oakley for their work on the case.

KANSAS CITY, KAN. – A California man has been sentenced to life in federal prison for methamphetamine trafficking in Kansas City, Kan., U.S. Attorney Barry Grissom said today.

Juan Manuel Cortez-Diaz, 36, Modesto, Calif., was convicted in a jury trial in June 2012 on three counts of distributing methamphetamine and two counts of possession with intent to distribute methamphetamine.

During trial, prosecutors presented evidence that Cortez-Diaz handled more than 9 pounds of methamphetamine, including methamphetamine sold to undercover agents, found in his car and seized during a search at a drug stash house at 3046 Washington Ave., in Kansas City, Kan. On May 16, 2011, officers of the Kansas City, Kan., Police Department stopped his car after investigators saw him leave the drug stash house carrying a shoe box. Police seized the shoe box, which contained two pounds of methamphetamine. They seized another seven pounds of methamphetamine from the drug stash house.

Investigators determined that a co-defendant brought the methamphetamine to Kansas City from California.

Co-defendant Juan Carlos Lopez Razo, 36, North Highlands, Calif., is a fugitive from justice.

Grissom commended the Immigration and Customs Enforcement, the Department of Homeland Security, the Kansas City, Kan., Police Department, Assistant U.S. Attorney Chris Oakley and Assistant U.S. Attorney David Zabel for their work on the case.

KANSAS CITY, KAN. – A Kansas City, Kan., woman pleaded guilty today to theft of federal program benefits, U.S. Attorney Barry Grissom said.

Wanda Herdman, 57, pleaded guilty to stealing government money.  She admitted to stealing $43,158 from three needs-based federal programs.  Specifically, the programs she defrauded were: the Supplemental Security Income “SSI” Program, the Supplemental Nutrition Assistance Program (more commonly known as the Food Stamp Program), and the Medicaid Program.

In Herdman’s plea, she admitted that she intentionally did not report her spouse’s income from the Department of Veterans Affairs because she knew her household’s financial resources would preclude her from receiving SSI payments. Between December 2011 and May 2013, she fraudulently obtained $8,584 in SSI payments.

In her plea, she also admitted this was not the first time she was overpaid by the Social Security Administration because of her failure to comply with her reporting obligations. From 1998 to 2006, she received an additional $22,560 in SSI payments she was not entitled to receive.

Due to Herdman’s intentional failure to report her spouse’s income she also received food stamp and Medicaid benefits she was not entitled to receive.  She fraudulently obtained $3,254 in food stamp benefits and $8,760 in Medicaid benefits.

A sentencing will be scheduled after the United States Probation Office completes a presentence investigation. Herdman faces a maximum penalty of 10 years in federal prison and a fine up to $250,000.

TOPEKA, KAN. – A man from Olathe, Kan., was sentenced today to four years in federal prison for possessing child pornography, U.S. Attorney Barry Grissom said. He also was ordered to pay a $12,500 fine.

James Christmas, 46, Olathe, Kan., pleaded guilty to one count of possessing child pornography. In his plea, he admitted he possessed more than 12,000 images and 26 videos of child pornography on computer media. The investigation began in September 2010 when his estranged wife told the Olathe Police Department that she found child pornography on computer media belonging to Christmas. Investigators obtained a search warrant and found the images. The National Center for Missing and Exploited Children identified more than 1,300 images of known child victims living outside of Kansas in Christmas’ collection.

Grissom commended the Olathe Police Department and Assistant U.S. Attorney Kim Martin for their work on the case.

WICHITA, KAN. – A Wichita man was sentenced Monday to five years in federal prison for a firearms violation, U.S. Attorney Barry Grissom.

Jose Armando De Luna, 35, Wichita, Kan., pleaded guilty to one count of unlawful possession of firearms after a felony conviction. In his plea he admitted that on Sept. 6, 2013, when he was arrested in Wichita, he possessed 20 firearms including shotguns, rifles and handguns. At the time, he was prohibited by federal law from possessing firearms because of a prior felony conviction.

According to court documents, the investigation began in September 2013 when the Wichita Police Department arranged to buy methamphetamine from DeLuna at his residence in the 700 block of South Terrace. Police seized firearms belonging to him when they served search warrants at that residence and a residence in the 1800 block of south Green Acres.

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