Eastern District of Kentucky

ASHLAND, Ky. – An Ashland man, Jonathan Michael Whitt, 35, was sentenced on Monday, to 30 years in prison, by U.S. District Judge David Bunning, for production of child pornography.

According to his plea agreement, on May 8, 2022, law enforcement discovered sexually explicit photos of Whitt and a minor victim.  Subsequent investigation revealed that Whitt and the minor had a sexual relationship, from 2011 to 2013, and that Whitt had taken sexually explicit images of the victim during that time.  During a separate investigation, law enforcement also discovered that Whitt was trading child sexual abuse material with others, by joining online groups and sending and receiving links to hundreds of images and videos of child pornography. 

Under federal law, Whitt must serve 85 percent of his prison sentence.  Upon his release from prison, he will be under the supervision of the U.S. Probation Office for 20 years.

Carlton S. Shier, IV, United States Attorney for the Eastern District of Kentucky; Michael E. Stansbury, Special Agent in Charge, FBI, Louisville Field Office; Rana Saoud, Special Agent in Charge, Department of Homeland Security, Homeland Security Investigations (HSI); Phillip J. Burnett, Commissioner of the Kentucky State Police (KSP); and Chief Todd Kelley, Ashland Police Department, jointly announced the sentence.

The investigation was conducted by FBI, HSI, KSP, and Ashland Police Department. Assistant U.S. Attorney Erin Roth is prosecuting the case on behalf of the United States.

The U.S. Attorney’s Office prosecuted this case as part of Project Safe Childhood, a nationwide initiative launched in 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by U.S. Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend, and prosecute individuals who exploit children via the Internet as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.

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COVINGTON, Ky. – A Louisville woman, Autumn Leslie Childress 42, was sentenced on Friday, to 10 years in federal prison, by U.S. District Judge David Bunning, for possession of 100 grams or more of a fentanyl analogue with intent to distribute.

According to her plea agreement, law enforcement received information that Childress would be transporting controlled substances from South Carolina to Louisville, and then to Cincinnati to distribute.  On November 16, 2022, law enforcement stopped Childress in Boone County and located over a kilogram of a fentanyl analogue divided into multiple packages prepared for distribution.  A subsequent search of her residence uncovered additional drugs and drug trafficking paraphernalia.  In all, she possessed more than 1.5 kilograms of illegal drugs.

Under federal law, Childress must serve 85 percent of her prison sentence.  Upon her release from prison, she will be under the supervision of the U.S. Probation Office for five years.

Carlton S. Shier, IV, United States Attorney for the Eastern District of Kentucky; and J. Todd Scott, Special Agent in Charge, DEA, Louisville Field Division; jointly announced the sentence.

The investigation was conducted by the DEA.  Assistant U.S. Attorney Tony Bracke is prosecuting the case on behalf of the United States.

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LEXINGTON, Ky. — A San Antonio woman, Shimea Maret McDonald, 25, was sentenced to 80 months in federal prison on Thursday, by U.S. District Judge Karen Caldwell, for conspiracy to commit money laundering and aggravated identity theft. She was also ordered to pay restitution in the amount of $4,690,870.81.

According to her plea agreement, McDonald conspired with Nana Kwabena Amuah to launder the proceeds obtained from business email compromise scams.  Specifically, their coconspirators targeted business or municipal entities, which had ongoing financial relationships with other vendors who were owed current or future payments by the entities. Then, these coconspirators impersonated the vendors in email communications with the targeted entities and requested wire payments to a new bank account. McDonald opened these bank accounts, using fake identity cards in the names of real people and the names of fake companies she established with secretaries of state. McDonald would then attempt to withdraw the funds in a variety of payment methods, to quickly move the funds elsewhere at the direction of Amuah, retaining a sizeable cut for herself.

Also, in her plea, McDonald admitted that she laundered money arising out of a business email compromise scam targeting the Lexington Fayette Urban County Government (the “City”) in August of 2022.  In the course of this scheme, coconspirators impersonated a nonprofit organization having business with the City through email and convinced a City official to wire funds owed to the nonprofit organization, to a bank account at Truist Bank in the name of Gretson Company LLC.  The City wired a total of $3,905,837.05 to the Gretson Company LLC bank account at Truist Bank.  Prior to the August 2022 wire transfer, McDonald, using the identity of K.N., had requested eight counter checks from Truist Bank, which would be funded from wires fraudulently received from the City.  Then, when the money was placed in the Gretson Company account at Truist Bank, McDonald assigned payees and amounts to the counter checks and forged the signature K.N., and attempted to deposit a portion of these funds herself, while sending the remaining counter checks to other members of the conspiracy.  Ultimately, Truist Bank and the City were able to recover all the funds that were transmitted.

In total, court records show that 70 businesses and individuals fell victim to the business email compromise scheme conducted by this conspiracy, with 40 of those victims suffering financial losses they have yet to recover.  An additional 24 victims had their identities stolen by McDonald.

McDonald’s co-defendant, Nana Kwabena Amuah, was sentenced in November 2023 to 86 months in prison and was ordered to pay $4,695,442.81 in restitution.

Under federal law, McDonald must serve 85 percent of her prison sentence; and upon their release, both McDonald and Amuah will be under the supervision of the U.S. Probation Office for three years. 

Carlton S. Shier, IV, United States Attorney for the Eastern District of Kentucky; Michael Stansbury, Special Agent in Charge, FBI, Louisville Field Office; and Chief Lawrence Weathers, Lexington Police Department, jointly announced the sentences.

The investigation preceding the indictment was conducted by the FBI and Lexington Police.  The case is being prosecuted by Assistant U.S. Attorney Kate Dieruf.

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COVINGTON, Ky. – A Cincinnati man, James Stratman, 23, was sentenced on Thursday, to 52 months in prison, by U.S. District Judge David Bunning, for bank robbery.

According to his plea agreement, on September 26, 2022, Stratman entered a bank in Covington and showed the bank teller a note that indicated he was robbing the bank.  The teller gave Stratman $1,583, and after receiving the money, he retrieved the note and fled from the bank on foot.  Approximately, one hour after the bank robbery, law enforcement located Stratman in the vehicle, and he led law enforcement on a high-speed chase through Covington and into Cincinnati.  At sentencing, it was determined that the Defendant created a substantial risk of death or serious bodily injury during his flight from law enforcement.

Under federal law, Stratman must serve 85 percent of his prison sentence.  Upon his release from prison, he will be under the supervision of the U.S. Probation Office for three years.

Carlton S. Shier, IV, United States Attorney for the Eastern District of Kentucky; Michael E. Stansbury, Special Agent in Charge, FBI, Louisville Field Office; and Col. Brian Valenti, Chief of Police, Covington Police Department. 

The investigation was conducted by FBI and the Covington Police Department.  Assistant U.S. Attorney Kyle Winslow prosecuted the case on behalf of the United States.

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LEXINGTON, Ky. — A Nicholasville, Ky., man, Cory Johns, 42, was sentenced to 25 years in federal prison Wednesday, by U.S. District Judge Karen Caldwell, for two counts of distribution of child pornography and one count of possession of child pornography.

Johns was identified, in November 2015, when the Lexington Police Department connected with him via a file sharing program and downloaded images and videos of children engaged in sexually explicit conduct. Thereafter, on April 16, 2016, the Kentucky State Police (KSP) also connected with the Johns via a file sharing program and downloaded images and videos of children engaged in sexually explicit conduct. KSP then obtained a search warrant for the location associated with the IP address from the downloads, which led to the home where Cory Johns was living. A forensic exam of various electronic devices located in his residence uncovered additional images and videos of children engaged in sexually explicit conduct.  

Carlton S. Shier, IV, United States Attorney for the Eastern District of Kentucky; Rana Saoud, Special Agent in Charge, Department of Homeland Security, Homeland Security Investigations (HSI); Phillip J. Burnett, Commissioner of the KSP, and Lawrence Weathers, Chief of the Lexington Police, jointly announced the sentence.

The investigation was conducted by the HSI, KSP, and the Lexington Police. The United States was represented by Assistant U.S. Attorneys Erin Roth and Mary Melton.

The U.S. Attorney’s Office prosecuted this case as part of Project Safe Childhood, a nationwide initiative launched in 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by U.S. Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend, and prosecute individuals who exploit children via the Internet as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.

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COVINGTON, Ky. – A Cincinnati man, Carlos Edward Thurman, Jr., 40, was sentenced on Thursday, to 210 months in federal prison, by U.S. District Judge David L. Bunning, for conspiracy to distribute and possession with intent to distribute methamphetamine, heroin, and cocaine.

According to court documents, from May 1, 2020 through June 2, 2021, Thurman conspired with his co-defendants, to distribute and possess with intent to distribute 50 grams or more of methamphetamine, heroin, and cocaine.  Law enforcement made several controlled purchases from Thurman and his co-defendants and found two firearms and more than $17,000 in cash from residences connected to Thurman.

Thurman had previously been convicted in July 2016 of Trafficking in Heroin in Hamilton County, Ohio.

Under federal law, Thurman must serve 85 percent of his prison sentence.  Upon his release from prison, he will be under the supervision of the U.S. Probation Office for 10 years.

Thurman’s co-defendants, Mario Renard Baker, 44, Edward Allen Mashburn Jr., 49, Maurice Lamont Raysor, 45, Romeo Jawan Richardson, 33, and Antoine Martez Williams, 38, have pleaded guilty and are awaiting sentencing.

Carlton S. Shier, IV, United States Attorney for the Eastern District of Kentucky; and Michael E. Stansbury, Special Agent in Charge, FBI, Louisville Field Office, jointly announced the sentence.

The investigation was conducted by the FBI.  Assistant U.S. Attorney Tony Bracke is prosecuting the case on behalf of the United States.

The case was investigated under the Organized Crime Drug Enforcement Task Forces (OCDETF).  OCDETF identifies, disrupts, and dismantles the highest-level criminal organizations that threaten the United States using a prosecutor-led, intelligence-driven, multi-agency approach.

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FRANKFORT, Ky. — A Richmond, Ky., man, Kyle Knezevich, 36, pleaded guilty on Tuesday, before U.S. District Judge Gregory Van Tatenhove, to attempting to produce child pornography.

According to his plea agreement, on September 7, 2023, an Eastern Kentucky University (EKU) student located a hidden camera in a men’s bathroom on campus. An investigation revealed that the camera had been placed in the bathroom by Knezevich, who at the time was a professor at the University. After the discovery, law enforcement obtained a search warrant for Knezevich's home and electronic devices.

A search of those devices revealed that Knezevich knowingly produced surreptitious recordings of both adult and minor males, from approximately 2009 through 2023. The videos were recorded in bathroom settings, including locker rooms, urinals, and the bathroom of his personal residence. In these videos, minor males can be seen in various states of nudity, including using the restroom, undressing, and showering. As part of his plea, Knezevich admitted that his intent in creating the videos was to capture the minor males engaged in sexually explicit conduct.

Carlton S. Shier, IV, United States Attorney for the Eastern District of Kentucky; Michael Stansbury, Special Agent in Charge, FBI, Louisville Field Office; Phillip J. Burnett, Commissioner of the Kentucky State Police (KSP); and Chief Brandon Collins, EKU Police Department, jointly announced the guilty plea.

The investigation was conducted by the FBI, KSP, and EKU Police Department. The United States was represented by Assistant U.S. Attorney Erin Roth.

Knezevich is scheduled to be sentenced on April 16, 2024. He faces a minimum of 15 years and a maximum of 30 years in prison. However, any sentence will be imposed by the Court, after its consideration of the U.S. Sentencing Guidelines and the federal sentencing statutes.

The U.S. Attorney’s Office prosecuted this case as part of Project Safe Childhood, a nationwide initiative launched in 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by U.S. Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend, and prosecute individuals who exploit children via the Internet as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.

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COVINGTON, Ky. – An Ohio man, Leon Sims, 41, was sentenced on Tuesday, to 37 months in prison, by U.S. District Judge David Bunning, for a violation of the Mann Act, which is the engagement of interstate prostitution.

According to his plea agreement, on December 14, 2020, law enforcement officers responded to an advertisement for prostitution services posted on a sex-advertisement website. Law enforcement observed Sims transport a victim to a hotel room and proceed to wait for her in the car. Subsequent investigation revealed that, from at least October 2020 through January 2021, Sims arranged prostitution activities for the victim using online advertisements, managed those activities, communicated with prostitution customers and kept the profits from the prostitution appointments. During the course of managing the victim’s prostitution activities, Sims transported the victim from Kentucky to both Ohio and California for the purpose of prostitution. At sentencing, it was determined that Sims used fraud or coercion to get the victim to participate in prostitution including verbal threats, withholding basic necessities, and false promises.

Under federal law, Sims must serve 85 percent of his prison sentence.  Upon his release from prison, he will be under the supervision of the U.S. Probation Office for three years.

Carlton S. Shier, IV, United States Attorney for the Eastern District of Kentucky; Michael E. Stansbury, Special Agent in Charge, FBI, Louisville Field Office; Daniel Cameron, Kentucky Attorney General; and Sheriff Michael A. Helmig, Boone County Sherriff’s Office, jointly announced the sentence.

The investigation was conducted by FBI, Kentucky Attorney General’s Department of Criminal Investigation, and Boone County Sheriff’s Office. Assistant U.S. Attorneys Kyle Winslow and Erin Roth are prosecuting the case on behalf of the United States.

The U.S. Attorney’s Office prosecuted this case as part of Project Safe Childhood, a nationwide initiative launched in 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by U.S. Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend, and prosecute individuals who exploit children via the Internet as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov

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LEXINGTON, Ky. – A Detroit man residing in Lexington, Kenneth Hinton, 43, was sentenced on Tuesday, to 200 months in federal prison, by U.S. District Judge Karen Caldwell, for possession with intent to distribute five kilograms or more of cocaine, possession of a firearm in furtherance of drug trafficking, and money laundering.

According to his plea agreement, beginning in March 2022, law enforcement began investigating Hinton.  Ultimately, law enforcement executed search warrants on Hinton’s vehicle, Lexington residence, and storage unit.  In these searches, law enforcement seized over five kilograms of cocaine and numerous firearms and ammunition, including an AR-15 rifle and several loaded handguns.  A joint financial investigation between the IRS and DEA also established that Hinton was using proceeds from the sale of cocaine, which had been deposited into bank accounts, to then purchase several pieces of real estate in Detroit.

 As part of Hinton’s plea agreement, he was required to forfeit $23,100 in drug proceeds, five firearms with assorted magazines and ammunition, as well as a Mercedes.   

Hinton has a prior drug-related felony conviction from 2021, in Fayette Circuit Court.

Under federal law, Hinton must serve 85 percent of his prison sentence.  Upon his release from prison, he will be under the supervision of the U.S. Probation Office for five years.

Carlton S. Shier, IV, United States Attorney for the Eastern District of Kentucky; J. Todd Scott, Special Agent in Charge, DEA, Louisville Field Division; Bryant Jackson, Special Agent in Charge, Internal Revenue Service – Criminal Investigation; and Chief Lawrence Weathers, Lexington Police Department, jointly announced the sentence.

The investigation was conducted by DEA, IRS, and Lexington Police Department. Assistant U.S. Attorney Roger West is prosecuting the case on behalf of the United States.

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LEXINGTON, Ky. – A Philadelphia man, Austin Genay, 30, has been sentenced to 22 months in federal prison, by Chief U.S. District Judge Danny C. Reeves, for cyberstalking and wire fraud.

According to his guilty plea agreement, Genay and the victim initially engaged in a consensual sexual relationship online.  Without the knowledge or permission of the victim, Genay took screenshots and still images of some of their online communications of a sexually explicit nature.  Initially, the victim made voluntary payments to Genay; but thereafter, Genay began making numerous financial demands of the victim.  Specifically, Genay sent messages seeking money from the victim, which threatened to expose the communications and contained promises to delete them to induce the payments.  The victim then paid Genay substantial sums.

When the victim informed Genay that he did not have sufficient funds to continue to pay him and attempted to block his phone number, Genay used threats to expose the intimate information.  During the scheme, Genay fraudulently lied about a variety of things, such as being evicted, having vehicle expenses, and legal fees, to induce the victim to pay him.  Despite the victim’s pleas to stop, Genay sent harassing communications and demands for money that he knew would and did cause substantial emotional distress and pecuniary harm to the victim.  As part of his sentence, Genay was also ordered to pay restitution to the victim, in the amount of $338,602.00.

Under federal law, Genay must serve 85 percent of his prison sentence; and upon his release from prison, he will be under the supervision of the U.S. Probation Office for three years.

Carlton S. Shier, IV, United States Attorney for the Eastern District of Kentucky, and Michael Stansbury, Special Agent in Charge of the FBI, Louisville Field Division, jointly announced the sentence.

The investigation was conducted by the FBI.  The United States was represented by Assistant United States Attorney Tashena A. Fannin.

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LEXINGTON, Ky. — A Richmond, Ky., man, Mark Edward Morris, 46, was sentenced to 24 months in federal prison on Friday, by Chief U.S. District Judge Danny Reeves, for failure to register as a sex offender.

Morris was convicted on September 05, 2006, in Cass County, Iowa for Assault with Intent to Commit Sexual Abuse Causing Bodily Injury.  The conviction requires that Morris register as a sex offender for life. After his conviction in Iowa, Morris moved to Kentucky and was classified as a lifetime registrant in the state of Kentucky.  While living in Kentucky, Morris registered or completed numerous verification address forms from 2016 through 2019.  On many of these forms Morris provided false addresses, even using a Wal-Mart address as his residence.  During that period, the Kentucky State Police (KSP) issued Morris several warnings and/or Notifications of “Non-Compliance” with the KSP Sex Offender Registry.  Morris then moved out of Kentucky for a period of time before moving back to Kentucky in 2022.  Morris admitted in his plea agreement that he was residing and working in Kentucky from at least 2022 until the time of his arrest and that, during that time, he knowingly failed to register or update his registration information as required by the Sex Offender Registration and Notification Act.

Under federal law, Morris must serve 85 percent of his prison sentence; and upon his release, he will be under the supervision of the U.S. Probation Office for five years. 

Carlton S. Shier, IV, United States Attorney for the Eastern District of Kentucky, and Jeremy Honaker, Acting U.S. Marshal for the Eastern District of Kentucky, jointly announced the sentence.

The investigation was conducted by the U.S. Marshals Service.  The United States was represented by Assistant U.S. Attorney Erin Roth.

The U.S. Attorney’s Office prosecuted this case as part of Project Safe Childhood, a nationwide initiative launched in 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by U.S. Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend, and prosecute individuals who exploit children via the Internet as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.

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LONDON, Ky. – A Somerset, Ky., man, Dennie Smith, 50, was sentenced to 217 months on Monday, by U.S. District Judge Robert Wier, for conspiracy to distribute 500 grams or more of methamphetamine and possession of a firearm in furtherance of drug trafficking.  Smith is the last of six defendants sentenced for their roles in the conspiracy.   

According to his guilty plea agreement, between November 2021 and May 2022, Smith developed a relationship with a methamphetamine supplier from Pulaski County and regularly obtained pound quantities of methamphetamine, for resale.  Smith also assisted this supplier in obtaining multi-pound quantities of methamphetamine from another source for drugs, in Fayette County.

In February 2022, law enforcement seized a safe from a residence Smith shared with his co-defendants and located more than 50 grams of methamphetamine, three loaded firearms, and a large amount of cash.  Smith admitted that these items belonged to him, that he intended to distribute the methamphetamine, and that he possessed the firearms to protect his drug trafficking operation.  Then, in May 2022, Smith travelled to Fayette County to obtain methamphetamine.  On his return, he was stopped by law enforcement, who seized more than nine kilograms of high purity methamphetamine.  

Smith’s co-defendants have previously received the following sentences:

• Wesley Calhoun:  240 months and five years of supervised release;
• Timothy Grundy:  235 months and five years supervised release;
• Michael Henderson:  104 months and three years of supervised release;
• David Upchurch:  78 months and three years of supervised release; and
• Autumn Smith: 76 months and three years of supervised release.

Under federal law, Smith and his co-defendants must serve 85 percent of their prison sentences.  Upon his release from prison, Smith will be under the supervision of the U.S. Probation Office for four years.

Carlton S. Shier, IV, United States Attorney for the Eastern District of Kentucky; J. Todd Scott, Special Agent in Charge of the DEA, Louisville Field Division; and Chief William Hunt, Somerset Police Department, announced the sentences. 

The investigation was conducted by the DEA and Somerset Police Department.  Assistant U.S. Attorney Andrew Trimble prosecuted the case on behalf of the United States. 

This case was prosecuted as part of the Department of Justice’s “Project Safe Neighborhoods” Program (PSN), which is a nationwide, crime reduction strategy aimed at decreasing violent crime in communities.  It involves a comprehensive approach to public safety — one that includes investigating and prosecuting crimes, along with prevention and reentry efforts.  In the Eastern District of Kentucky, U.S. Attorney Shier coordinates PSN efforts in cooperation with various federal, state, and local law enforcement officials.

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COVINGTON, Ky. – A Florence, Ky., man, Ryan Stivers, 30, was sentenced on Tuesday, to 78 months in prison, by Chief U.S. District Judge Danny Reeves, following his conviction for conspiracy to distribute 100 kilograms or more of marijuana.  

According to his plea agreement, beginning in 2017, law enforcement began investigating suspicious packages being mailed from California to multiple addresses in Northern Kentucky, which were associated with Stivers.  During the investigation, law enforcement seized significant amounts of marijuana and cash proceeds of drug trafficking.  Stivers admitted to his participation in the marijuana distribution conspiracy and that he was responsible for distributing at least 100 kilograms of marijuana.

Under federal law, Stivers must serve 85 percent of his prison sentence.  Upon his release from prison, he will be under the supervision of the U.S. Probation Office for four years.

Carlton S. Shier, IV, United States Attorney for the Eastern District of Kentucky; and Lesley Allison, Special Agent in Charge, United States Postal Inspection Service, Pittsburgh Field Division; and Orville O. Greene, Special Agent in Charge, DEA, Detroit Field Division, jointly announced the sentence.

The investigation was conducted by USPIS and DEA.

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A former Bureau of Prisons supervisor, Kevin X. Pearce, 39, was sentenced yesterday to 66 months in prison followed by one year of supervised release for leading two cover-ups of assaults of inmates held at U.S. Penitentiary Big Sandy. Pearce was convicted after a six-day trial. His co-defendants, former corrections officers Samuel Patrick and Clinton Pauley, previously pleaded guilty and were respectively sentenced to 36 and 40 months in prison. 

“As a supervisor, this defendant was responsible for safeguarding the rights of thousands of inmates, but he abused his authority by leading cover-ups of two violent assaults of inmates in his custody,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “The Justice Department will continue to hold accountable law enforcement officials who violate federal civil rights laws or who cover up violations. We will protect the rights of all people, including those held inside our jails and prisons.” 

“Not only did Pearce have a profound responsibility to protect people in his custody and care, he had an even greater one – to ensure that those under his supervision also protected them,” said U.S. Attorney Carlton S. Shier IV for the Eastern District of Kentucky. “He fell well short on both counts. Instead of honoring his obligations, he acquiesced in the abuse by his subordinates and then tried to cover it up. He now faces the consequences of this betrayal of the public trust placed in him.”

“Identifying and investigating law enforcement officials who deliberately violate the oath they take to protect and serve is of utmost importance at the FBI,” said Special Agent in Charge Michael E. Stansbury of the FBI Louisville Field Office. “Pearce not only carried a badge, but he was responsible for ensuring those under his supervision protected the civil rights of all inmates in their facility. FBI Louisville will continue to aggressively pursue public officials who choose to abuse their position of authority.”

“As a supervisor, Pearce had a duty to hold accountable Patrick and Pauley for assaulting inmates in their custody and care,” said Special Agent in Charge William J. Hannah of the Justice Department’s Office of the Inspector General (DOJ OIG) Midwest Region. “Instead, Pearce lied repeatedly to try to cover up these horrific crimes. The Justice Department's Office of the Inspector General will continue to aggressively investigate allegations of abuse in federal prisons and any efforts to conceal these heinous acts.”

According to court documents and evidence introduced at trial and sentencing, Pearce, who at that time held the rank of Operations Lieutenant, covered up assaults committed by his co-defendants, Patrick and Pauley, on March 30 and April 29, 2021. On March 30, Patrick and Pauley assaulted an inmate by spraying him in the face with pepper spray and kicking him in the head and upper body. Witnesses, including those who assaulted the inmates, testified that the inmate was not a threat and was compliant, and was assaulted for walking too slowly to his cell, rather than for any legitimate penological purpose. Pearce tried to cover up what happened by writing a false report and pressuring lower-ranking corrections officers to join the cover-up.

On April 29, 2021, Patrick and Pauley assaulted a second inmate by elbowing him in the head and punching him in the body. The victim of that assault had requested protection from other inmates. When the victim, who is white, revealed that he used to affiliate with Black gangs, Patrick referred to him as a “race traitor,” after which Patrick and Pauley both repeatedly struck him in the head and body. Pearce once again tried to cover up what happened by writing a false report and pressuring lower-ranking officers to join the cover-up. Pearce continued to stick with the cover-ups over a year later by making false statements to OIG and FBI agents who were investigating the assaults.

DOJ OIG and the FBI Louisville Field Office investigated the case.   

Trial Attorney Thomas Johnson of the Civil Rights Division’s Criminal Section and Assistant U.S. Attorney Zachary Dembo for the Eastern District of Kentucky and prosecuted the case. 

LEXINGTON, Ky. – United States Attorney Carlton S. Shier, IV, announced Monday that the federal government has reached an agreement with the Big Sandy Regional Jail Authority, which operates the Big Sandy Regional Detention Center (BSRDC), to ensure that people with opioid use disorder (OUD) receive medically appropriate treatment with any FDA-approved medication for OUD, as required by the Americans with Disabilities Act (ADA).

The ADA prohibits state and local governments from discriminating against individuals with disabilities and protects people in recovery from OUD, including individuals who are taking OUD medication at the direction of a medical provider.

 “Eastern Kentucky has long been on the front lines of the opioid epidemic and our office remains committed to a comprehensive approach to fighting this public health crisis, including enforcement of the ADA’s requirements safeguarding treatment,” said U.S. Attorney Shier. “Considering the impact this crisis has had on our area, treatment must be a critical tool in our efforts to fight back.  Access to medications that treat opioid use disorder saves lives, and we are pleased we were able to reach a settlement with the Big Sandy Regional Detention Center to better ensure access to this important treatment for the people in its custody.”

The settlement agreement requires BSRDC to revise its policies to provide access to all three forms of FDA-approved medications to people with OUD and ensure that decisions about treatment are based on an individualized determination by qualified medical personnel. Specifically, BSRDC will medically evaluate all individuals for OUD at the start of their incarceration. It will ensure that individuals who were receiving OUD medication from a licensed treatment provider before their incarceration are continued on that medication. The facility will also offer all individuals with OUD booked into the jail the option to receive treatment with any FDA-approved medically appropriate OUD medication, even if they were not being treated with that medication before their incarceration.

BSRDC will not change or discontinue an individual’s use of a particular OUD medication unless doing so is based on an individualized determination by a qualified medical provider. The jail also will not use incentives, rewards, or punishments to encourage or discourage individuals at the facility from receiving any particular OUD medication.

This matter was handled by Assistant U.S. Attorney Carrie Pond as part of an ongoing effort by the Justice Department to combat the opioid epidemic, including by eliminating discriminatory barriers to treatment for OUD. For more information about the Justice Department’s work to address discrimination against individuals with opioid use disorder, please visit www.ada.gov/topics/opioid-use-disorder/. For more information on the Office’s civil rights efforts, please visit https://www.justice.gov/usao-edky/civil-rights. More information about the ADA is available at the Justice Department’s toll-free ADA Information line at (800) 514 0301 or (800) 514 0383 (TTY) and on the ADA website at www.ada.gov.

ADA complaints may be submitted to the U.S. Attorney’s Office by emailing usakye.civilrights@usdoj.gov or by contacting the Office’s Civil Rights Hotline at (859) 685-4880.

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LEXINGTON, Ky. – A Mexican national, illegally residing in Lancaster, Ky., Ernesto Mendez-Lopez, 37, was sentenced on Monday, to 30 years in federal prison, by Chief U.S. District Judge Danny Reeves, for production of child pornography.

According to his plea agreement, on February 22, 2023, law enforcement received a call from a minor victim stating that Mendez-Lopez had sexually assaulted her and that she was afraid it was going to happen again.  Law enforcement responded to investigate and discovered videos of Mendez-Lopez sexually assaulting the minor, on his phone. Mendez-Lopez admitted to sexually assaulting the minor, and to doing so with the intent of producing visual depictions of the conduct.

Under federal law, Mendez-Lopez must serve 85 percent of his prison sentence.  Upon his release from prison, he will be under the supervision of the U.S. Probation Office for life.

Carlton S. Shier, IV, United States Attorney for the Eastern District of Kentucky; Rana Saoud, Special Agent in Charge, Department of Homeland Security, Homeland Security Investigations (HSI); and Sheriff Tim Davis, Garrard County Sheriff’s Office, jointly announced the sentence.

The investigation was conducted by HSI and Garrard County Sheriff’s Department.  Assistant U.S. Attorney Erin Roth is prosecuting the case on behalf of the United States.

The U.S. Attorney’s Office prosecuted this case as part of Project Safe Childhood, a nationwide initiative launched in 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by U.S. Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend, and prosecute individuals who exploit children via the Internet as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.

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FRANKFORT, Ky. – A Nicholasville, Ky., man, Billy J. Wilkins, 43, was convicted late Thursday, by a federal jury sitting in Frankfort, after a three-day trial, of possession with intent to distribute methamphetamine, possession with intent to distribute fentanyl, possession with intent to distribute cocaine, possession of a firearm in furtherance of drug trafficking, and possession of a firearm by convicted felon.

According to evidence at trial, on November 4, 2021, officers with the Jessamine County Sheriff’s Office executed a search warrant at a residence occupied by Wilkins.  During the search of the residence, officers located significant quantities of methamphetamine, fentanyl, and cocaine, as well as two loaded firearms, one of which had an extended magazine attached.

Carlton S. Shier, IV, United States Attorney for the Eastern District of Kentucky; J. Todd Scott, Special Agent in Charge of the DEA Louisville Field Division; and Sheriff Kevin Grime, Jessamine County Sheriff’s Department, announced the conviction. 

The investigation was conducted by the DEA and Jessamine County Sheriff’s Office.  Assistant U.S. Attorney Francisco Villalobos prosecuted the case on behalf of the United States. 

            Wilkins is scheduled to appear for sentencing on March 6, 2024, and he faces not less than 10 years, up to life, in prison.  However, the Court must consider the U.S. Sentencing Guidelines and the applicable federal sentencing statutes before imposing its sentence.

This case was prosecuted as part of the Department of Justice’s “Project Safe Neighborhoods” Program (PSN), which is a nationwide, crime reduction strategy aimed at decreasing violent crime in communities. It involves a comprehensive approach to public safety — one that includes investigating and prosecuting crimes, along with prevention and reentry efforts.  In the Eastern District of Kentucky, U.S. Attorney Shier coordinates PSN efforts in cooperation with various federal, state, and local law enforcement officials.

LEXINGTON, Ky.— An Auxier, Ky., man, Jonathan Martinez, 37, was sentenced to 120 months in federal prison on Tuesday, by U.S. District Judge Karen K. Caldwell, for conspiracy to distribute 50 grams or more of methamphetamine and possession of a firearm in furtherance of drug trafficking.

According to his plea agreement, from April 26, 2022 through May 5, 2022, Martinez distributed methamphetamine and possessed a firearm in furtherance of drug trafficking. Specifically, law enforcement utilized a confidential informant to make a series of controlled drug purchases of methamphetamine from Martinez and his co-defendant, Lakeisha Jervis. On May 5, 2022, law enforcement conducted a search of Martinez’s home and found 264 grams of methamphetamine, bagged into ounce-and-a-half quantities, a digital scale, plastic bags, various other controlled substances, and a loaded firearm.

Under federal law, Martinez must serve 85 percent of his prison sentence; and upon his release from prison, he will be under the supervision of the U.S. Probation Office for five years.

Carlton S. Shier, IV, United States Attorney for the Eastern District of Kentucky; Michael E. Stansbury, Special Agent in Charge, FBI, Louisville Field Office; and Phillip J. Burnett, Commissioner of the Kentucky State Police (KSP), jointly announced the sentence.

The investigation was conducted by the FBI and KSP.  The United States was represented by Assistant U.S. Attorney Justin Blankenship.

This case was prosecuted as part of the Department of Justice’s “Project Safe Neighborhoods” Program (PSN), which is a nationwide, crime reduction strategy aimed at decreasing violent crime in communities.  It involves a comprehensive approach to public safety — one that includes investigating and prosecuting crimes, along with prevention and reentry efforts.  In the Eastern District of Kentucky, U.S. Attorney Shier coordinates PSN efforts in cooperation with various federal, state, and local law enforcement officials.

— END —

LEXINGTON, Ky. – The U.S. Attorney’s Office for the Eastern District of Kentucky announced Monday that it has reached a settlement with Big Picture Ventures, the owner and operator of the Lexington entertainment center LexLive, to resolve an allegation that it improperly excluded an individual with a disability accompanied by a service animal.

The investigation began after the U.S. Attorney’s Office received a complaint, from a veteran with a disability who uses a service animal, that alleged that a manager at LexLive’s Corner Bar forced her and her dining companions to leave the bar because she was accompanied by her service animal, in violation of the Americans with Disabilities Act (“ADA”).

“Under the ADA, restaurants and bars, as public accommodations, are required to ensure proper access to their customers with disabilities,” said Carlton S. Shier, IV, United States Attorney for the Eastern District of Kentucky.  “This includes allowing service dogs, which are a necessary means for many with disabilities.  We remain committed to ensuring that individuals with disabilities have proper access under the ADA, and we are pleased that LexLive has agreed to modify its policies and practices to comply with the Act.”

Under the settlement agreement, LexLive will adopt and implement a service animal policy; provide training on the service animal policy to employees and managers; post the policy in public areas; pay $1,000 in damages to the veteran; and pay a $500 civil penalty to the United States.  LexLive cooperated with the government throughout the investigation.

Under federal law, private entities that own or operate places of “public accommodation,” including restaurants and bars, are required to modify their policies, practices, or procedures—such as a no pet policy—to permit the use of a service animal by an individual with a disability.  A service animal generally may go wherever the public is allowed, and a public accommodation may not require documentation about the service animal.

This matter was handled by Assistant U.S. Attorney Carrie Pond, in coordination with the Disability Rights Section of the U.S. Department of Justice Civil Rights Division.

For more information on the Office’s civil rights efforts, please visit https://www.justice.gov/usao-edky/civil-rights.  ADA complaints may be emailed to usakye.civilrights@usdoj.gov or by contacting the U.S. Attorney's Office’s Civil Rights Hotline at (859) 685-4880.

More information about the ADA is available at the Justice Department’s toll-free ADA Information line at (800) 514 0301 or (800) 514 0383 (TTY) and on the ADA website at www.ada.gov. 

— END —

LEXINGTON, Ky. – Appalachian Regional Healthcare, Inc. (“ARH”), a hospital system based in eastern Kentucky, and one of its cardiologists have agreed to collectively pay the United States $3,033,861.92 to settle civil allegations that they submitted, or caused the submission of, improper claims to Medicare and Kentucky Medicaid for non-covered services.

The case arises from diagnostic cardiac catheterizations and associated services performed or ordered by Padubidri Chandrashekar, M.D., a cardiologist who had admission privileges at ARH.  Diagnostic catheterizations are minimally-invasive imaging procedures that can be used to evaluate heart problems.  During the procedure, a thin, hollow tube is introduced into a patient’s blood vessel and then advanced to the heart, so that pressure and blood flow can be measured in the heart’s chambers or dye can be injected to allow x-ray visualization of the heart.  Medicare and Kentucky Medicaid reimburse medical providers for services and procedures, such as diagnostic catheterizations, only when medically reasonable and necessary.  Medicare and Kentucky Medicaid require that the patient’s records adequately document the medical need for the service provided.

The United States alleged that Dr. Chandrashekar caused ARH to bill Medicare and Kentucky Medicaid for diagnostic catheterizations performed at ARH Hazard that did not have sufficient documentation to support the medical necessity of the procedures.  The United States also alleged improper billing in connection with services performed prior to the unnecessary catheterizations.  Specifically, the United States contended that Dr. Chandrashekar and his practice, Mountain Heart Center, billed for medically unnecessary appointments in the days preceding patients’ diagnostic catheterizations and admitted patients to ARH Whitesburg in advance of their diagnostic catheterizations.  The United States contended that ARH then submitted false claims to Medicare and Medicaid for those admissions, because the admissions did not meet Medicare and Medicaid’s requirements for severity of illness or intensity of services.  Finally, the United States alleged that Dr. Chandrashekar caused the submission of improper claims for ambulance transfers for patients unnecessarily admitted to ARH Whitesburg who needed transport to their catheterizations at ARH Hazard.

In its settlement agreement with the United States, ARH agreed to pay the United States $2,884,046.50 to resolve its civil liability for improper billings, including its liability under the federal False Claims Act.  In a separate settlement agreement, Mountain Heart Center and Dr. Chandrashekar agreed to pay $149,815.42 to resolve their False Claims Act liability.

This matter arose from ARH’s self-disclosure of false or non-covered claims.  Because ARH self-reported the conduct to the government, it was able to resolve its False Claims Act liability for only 1.5 times the amount of monetary loss caused by its false claims.  The False Claims Act establishes liability for three times the amount of loss suffered by the government.

Healthcare providers may voluntarily disclose self-discovered evidence of fraud to the U.S. Department of Health & Human Services Office of Inspector General.  More information about how to self-disclose misconduct under the Provider Self-Disclosure Protocol is available at https://oig.hhs.gov/compliance/self-disclosure-info/protocol.asp. The United States also encourages anyone with information about potential fraud, abuse, or mismanagement of Medicare or Medicaid funds to call the U.S. Department of Health and Human Services’ hotline at 800-HHS-TIPS (800-447-8477). 

This case was investigated by the U.S. Department of Health and Human Services, Office of Inspector General, the Kentucky Attorney General’s Office of Medicaid Fraud and Abuse Control, and the Affirmative Civil Enforcement section of the U.S. Attorney’s Office.  Assistant United States Attorneys Meghan Stubblebine, Benjamin Long, and Jennifer Williams represented the United States.

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

– END –

LEXINGTON, Ky.— A Denver man, Joshua Cook, 27, was sentenced to 100 months in federal prison on Tuesday, by U.S. District Judge Karen K. Caldwell, following his convictions for conspiracy to distribute drugs and conspiracy to launder the proceeds of drug trafficking.  

According to Cook’s plea agreement, he created a darknet market drug trafficking organization, called PartyCrew, to distribute controlled substances through the U.S. Postal Service.  The darknet is an overlay of the internet that is only accessible through certain software, configurations, or authorization.  Access to the darknet is designed to anonymize the user, and it is generally used for illicit purposes.  Marketplaces on the darknet are often used to buy and sell illicit goods and services.  The PartyCrew darknet marketplace post advertised the sale of multiple controlled substances, in exchange for cryptocurrencies such as Monero and Bitcoin. Cook employed his friends and co-defendants, Haleigh and Benjamin Flanigan, who lived in Lexington, to assist him in the distribution of the controlled substances.

In their roles in the conspiracy, the Flanigans fulfilled orders for controlled substances, by packaging and mailing them through the U.S. mail to customers across the United States.  Haleigh Flanigan received payment for her services in cryptocurrencies, which she then attempted to conceal through the use of cryptocurrency anonymizing tools.

Benjamin Flanigan also pled guilty to drug distribution and conspiracy to commit drug distribution; he was sentenced to 18 months.  Haleigh Flanigan pled guilty to conspiracy to commit drug distribution and conspiracy to commit money laundering; she was sentenced to 48 months.

The investigation and prosecution also resulted in the total dismantling of the PartyCrew drug trafficking organization.

Under federal law, Cook must serve 85 percent of his prison sentence; and upon his release from prison, he will be under the supervision of the U.S. Probation Office for three years.

Carlton S. Shier, IV, United States Attorney for the Eastern District of Kentucky, and J. William Rivers, Special Agent in Charge for the Federal Bureau of Investigation – Cincinnati Field Office, jointly announced the sentences.

The investigation was conducted by the FBI.  The United States was represented by Assistant U.S. Attorneys Kathryn Dieruf and Emily Greenfield.

— END —

LONDON, Ky. - A Somerset, Ky., man, Jesse Kipf, 38, has been indicted by a federal grand jury sitting in London, on five counts of computer fraud, three counts of aggravated identity theft, and two counts of making false statements on applications in connection with federally insured financial institutions.

The indictment alleges that Kipf intentionally accessed a computer without authorization and then obtained information from a protected computer for his own private gain and in furtherance of identity theft.  According to the indictment, Kipf illegally accessed the following websites:  State of Arizona, State of Hawaii, GuestTek Interactive Entertainment, Ltd., State of Vermont, and Milestone, Inc.  GuestTek Interactive Entertainment and Milestone are vendors of large hotel chains; but at this time, investigators have no evidence that hotel customer personal identifying information was compromised. 

The indictment also alleges that Kipf knowingly and unlawfully used the identification of three different persons to commit wire fraud and computer fraud. Kipf is also alleged to have made false statements to federally insured corporations, in order to open credit accounts.

Carlton S. Shier, IV, United States Attorney for the Eastern District of Kentucky; Michael E. Stansbury, Special Agent in Charge, FBI Louisville Field Division; Daniel Cameron, Attorney General of Kentucky; Anna E. Lopez, Attorney General for Hawaii; and Bobby Jones, Pulaski County Sheriff, jointly announced the indictment.

The investigation preceding the indictment was conducted by FBI Louisville, Kentucky Attorney General’s Office, Department of the Attorney General for Hawaii, and the Pulaski County Sheriff’s Office.  The indictment was presented to the grand jury by Assistant U.S. Attorney Kathryn Dieruf.  

Kipf appeared for his initial appearance on November 9, 2023, and a jury trial is currently set for January 17, 2024, at 8:30 a.m., in London.  For each of the computer fraud charges, Kipf faces up to five years in prison; for each of the identity theft charges, he faces up to two years in prison; and for the bank fraud charges, he faces a maximum of 30 years in prison.  However, any sentence following a conviction would be imposed by the Court, after its consideration of the U.S. Sentencing Guidelines and the federal sentencing statutes. 

Individuals believing they may be victims of the cyber intrusion scheme described herein are encouraged to visit the following website to obtain more information:  https://justice.gov/usao-edky/information-victims-large-cases.

Tips on how to protect yourself and your personal information against cybercrime can be found by clicking here and on the FBI Cyber Division’s website.             

Any indictment is an accusation only. A defendant is presumed innocent and is entitled to a fair trial at which government must prove guilt beyond a reasonable doubt.

— END —

COVINGTON, Ky. – An Alexandria, Ky., man, Charles Jason Case, 40, was sentenced on Wednesday, to 240 months in prison, by U.S. District Judge David Bunning, for distribution of fentanyl resulting in death.

According to Case’s plea agreement, law enforcement responded to an address in Campbell County on April 28, 2022, and found a deceased victim and evidence consistent with death from an opiate overdose.  Text messages on the victim’s phone revealed communication with Case the previous night regarding purchasing fentanyl, and the phone also contained communications consistent with the victim buying fentanyl from Case on prior occasions.  Case admitted to distributing a substance containing fentanyl to the victim on April 27, 2022, and that the victim died as the result of ingesting that substance.  Case was arrested on April 29, 2022 while in possession of additional amounts of fentanyl on his person and at his residence. 

Under federal law, Case must serve 85 percent of his prison sentence.  Upon his release from prison, he will be under the supervision of the U.S. Probation Office for five years.  He also must forfeit $7,803.00 in United States currency seized at the time of his arrest and make restitution to the victim’s family in the amount of $4,716.19.

Carlton S. Shier, IV, United States Attorney for the Eastern District of Kentucky; Orville O. Greene, Special Agent in Charge, DEA Detroit Field Division; and Director Scott Hardcorn, Northern Kentucky Drug Strike Force, jointly announced the sentence.

The investigation was conducted by DEA and the Northern Kentucky Drug Strike Force. Assistant U.S. Attorney Tony Bracke prosecuted the case on behalf of the United States.

— END —

LEXINGTON, Ky. – A Versailles, Ky., man, Bryan Carroll, 46, pleaded guilty on Monday, before Chief U.S. District Judge Danny Reeves, to two counts of possession of a firearm by a convicted felon and one count of carrying an explosive during the commission of a federal felony offense.

According to his plea agreement, on March 25, 2021, law enforcement was notified that Carroll was enroute to the University of Kentucky Hospital and that had an active arrest warrant.  Law enforcement met Carroll outside the Emergency Department, where he was taken into custody.  During a subsequent search of Carroll and his vehicle, law enforcement located a total of eight firearms, including a sawed-off shotgun, four explosive devices, and one improvised explosive bomb.

During an interview, Carroll admitted to having the firearms on him when he was arrested and acknowledged the additional firearms in his vehicle.  Carroll also acknowledged the “fireworks” in his vehicle and admitted to constructing the metal can devices, which contained nails.  Carroll told law enforcement he had additional destructive devices at his home, and he possessed a large quantity of explosive materials.  Law enforcement obtained a search warrant for Carroll’s home where they located two additional firearms along with six additional improvised explosive bombs.

Carroll admitted that he possessed the firearms and explosives and that he was prohibited from possessing the devices and firearms, based on a prior felony conviction.  Carroll had previously been convicted of complicity to trafficking a controlled substance, First Degree in the Woodford Circuit Court, in December 2015.

Carlton S. Shier, IV, United States Attorney for the Eastern District of Kentucky; Shawn Morrow, Special Agent in Charge, ATF, Louisville Field Division; Michael E. Stansbury, Special Agent in Charge, FBI, Louisville Field Office; Chief Michael Murray, Versailles Police Department; Chief Lawrence Weathers, Lexington Police Department; and Chief Joe Monroe, University of Kentucky Police Department; jointly announced the guilty plea.

The investigation was conducted by ATF, FBI, Versailles Police Department, the Lexington Police Department, and the University of Kentucky Police Department.  Assistant U.S. Attorney Francisco Villalobos prosecuted the case on behalf of the United States.

Carroll is scheduled to be sentenced on March 1, 2024. He faces a maximum of 10 years in prison for the firearm charges and 10 years consecutive in prison for the explosive charge. However, any sentence will be imposed by the Court, after its consideration of the U.S. Sentencing Guidelines and the federal sentencing statutes. 

This case was prosecuted as part of the Department of Justice’s “Project Safe Neighborhoods” Program (PSN), which is a nationwide, crime reduction strategy aimed at decreasing violent crime in communities. It involves a comprehensive approach to public safety — one that includes investigating and prosecuting crimes, along with prevention and reentry efforts.  In the Eastern District of Kentucky, U.S. Attorney Shier coordinates PSN efforts in cooperation with various federal, state, and local law enforcement officials.

— END —

LONDON, Ky. – A Harrodsburg, Ky., man was convicted late Thursday, by a federal jury sitting in London, of possession with the intent to distribute 50 grams or more of methamphetamine and possession of a firearm in furtherance of that drug trafficking offense.

The federal jury convicted Aristotle White of these charges, following a two-day trial.

According to evidence at trial, on May 11, 2022, officers with the Johnson County Sheriff’s Department conducted a traffic stop on a vehicle that was being driven by White.  During the search of the vehicle, law enforcement located nearly 300 grams of methamphetamine, two loaded firearms, and over $2,500 in United States currency.  Witness testimony revealed White to be regularly obtaining large quantities of methamphetamine and importing it into, among other places, Johnson County. 

White was indicted on September 22, 2022.  Members of the Johnson County Sheriff’s Department, the Magoffin County Sheriff’s Department, Operation UNITE, and the DEA participated in the investigation and prosecution. 

White will appear for sentencing on April 8, 2024, and he faces not less than 10 years up to life in prison.  However, the Court must consider the U.S. Sentencing Guidelines and the applicable federal sentencing statutes before imposing a sentence.

Carlton S. Shier, IV, United States Attorney for the Eastern District of Kentucky; J. Todd Scott, Special Agent in Charge of the DEA Louisville Field Division; Sheriff Scott Hazelette of the Johnson County Sheriff’s Department, and Sheriff William Meade of the Magoffin County Sheriff’s Department made the announcement.  Assistant U.S. Attorney Andrew H. Trimble prosecuted the case on behalf of the United States. 

This case was prosecuted as part of the Department of Justice’s “Project Safe Neighborhoods” Program (PSN), which is a nationwide, crime reduction strategy aimed at decreasing violent crime in communities. It involves a comprehensive approach to public safety — one that includes investigating and prosecuting crimes, along with prevention and reentry efforts.  In the Eastern District of Kentucky, U.S. Attorney Shier coordinates PSN efforts in cooperation with various federal, state, and local law enforcement officials.

— END —

LEXINGTON, Ky.— A man originally from New Orleans, but who was confined at United States Penitentiary McCreary, Kenneth Shaver, 45, was sentenced to life in federal prison on Wednesday, by U.S. District Judge Gregory Van Tatenhove, following his conviction for first-degree murder.

According to evidence presented at Shaver’s trial, Shaver, his co-defendant Justin Boe, and the victim, Lance Cameron Smith, were federal inmates in custody at USP McCreary.  Shaver and Boe assaulted Smith due to suspicion that Smith had cooperated with law enforcement.  On February 4, 2015, Boe lured Smith into Boe’s cell, where Shaver was waiting for him.  Per trial testimony, Smith was stabbed dozens of times and subsequently died from those wounds.

Carlton S. Shier, IV, United States Attorney for the Eastern District of Kentucky; and Michael E. Stansbury, Special Agent in Charge, FBI, Louisville Field Office, jointly announced the sentence.

The investigation was conducted by the FBI and the United States Bureau of Prisons. Assistant U.S. Attorney Gregory Rosenberg prosecuted the case on behalf of the United States.

– END –

FRANKFORT, Ky. – A Frankfort man, Richard Benson, 49, was sentenced on Tuesday, to 280 months in federal prison, by U.S. District Court Judge Gregory Van Tatenhove, following his conviction for receipt of child pornography.  Benson faced an enhanced penalty because he was previously convicted of a qualifying sexual offense involving a minor.

According to Benson’s plea agreement, law enforcement received information that Benson was uploading child pornography images utilizing his Google storage account.  On April 18, 2022, law enforcement interviewed Benson and he admitted to receiving, accessing, and viewing child pornography.  A search warrant revealed Benson’s devices contained at least 17 videos of minors engaged in sexually explicit conduct.  Benson further admitted that he was previously convicted in Wisconsin of one count of Sexual Assault 2nd degree and one count of Sexual Assault 3rd degree, in 1995.

Under federal law, Benson must serve 85 percent of his prison sentence.  Upon his release from prison, he will be under the supervision of the U.S. Probation Office for 25 years. Benson was additionally ordered to pay $17,500 in restitution.

Carlton S. Shier, IV, United States Attorney for the Eastern District of Kentucky; Rana Saoud, Special Agent in Charge, Department of Homeland Security, Homeland Security Investigations (HSI); and Phillip J. Burnett, Commissioner of the Kentucky State Police (KSP), jointly announced the sentence.

The investigation was conducted by HSI and KSP.  Assistant U.S. Attorney Erin Roth is prosecuting the case on behalf of the United States.

The U.S. Attorney’s Office prosecuted this case as part of Project Safe Childhood, a nationwide initiative launched in 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by U.S. Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend, and prosecute individuals who exploit children via the Internet as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.

— END —

FRANKFORT, Ky.— A Lexington, Ky., man, Allante Ramone Brown, 27, was sentenced to 99 months in federal prison and 5 years supervised release on Tuesday, by U.S. District Judge Gregory VanTatenhove, for possession with intent to distribute 40 grams or more of a fentanyl and heroin mixture.  

According to Brown’s plea agreement, on November 3, 2021, law enforcement conducted a traffic stop on a vehicle driven by Brown.  Law enforcement searched Brown’s vehicle and found 97.7 grams of a fentanyl and heroin mixture and $1,670 in cash, both amounts being consistent with drug distribution amounts.  Brown has two prior felony convictions for Robbery Second Degree and Possession of a Firearm by a Convicted Felon.  Brown had been released from prison just 12 days before his arrested on this charge.  Brown was also on federal supervised release at the time of the commission of this offense.     

Under federal law, Brown must serve 85 percent of his prison sentence.  Upon his release from prison, he will be under the supervision of the U.S. Probation Office for five years.

Carlton S. Shier, IV, United States Attorney for the Eastern District of Kentucky; Shawn Morrow, Special Agent in Charge, ATF, Louisville Field Division; Phillip J. Burnett, Commissioner of the Kentucky State Police (KSP), and Chief Lawrence Weathers, Lexington Police Department, jointly announced the sentence.

The investigation was conducted by the ATF, KSP, and Lexington Police Department. Assistant U.S. Attorney Roger West prosecuted the case on behalf of the United States.

– END –

FRANKFORT, Ky. – A Georgetown, Ky., man, Matthew Stuart Marshall, 30, was sentenced on Monday, to 264 months in prison, by U.S. District Court Judge Gregory VanTatenhove, on his conviction for production of child pornography.

 According to his plea agreement, a victim approached law enforcement about being sexually exploited by Marshall, when the victim was a minor.  During the investigation, including searches of online accounts and electronic devices, law enforcement discovered 500 sexually explicit images of the minor victim, 33 sexually explicit videos of the minor victim, and 191 chats involving Marshall enticing the minor victim to engage in sexual activity.  Marshall also admitted to participating in the planning of a video and live stream of the minor victim engaging in sexual activity with another adult.  Evidence also revealed that Marshall had been directly communicating with other minor victims to entice and produce additional sexually explicit material.

Under federal law, Marshall must serve 85 percent of his prison sentence.  Upon his release from prison, he will be under the supervision of the U.S. Probation Office for 25 years.

Carlton S. Shier, IV, United States Attorney for the Eastern District of Kentucky; Michael Stansbury, Special Agent in Charge, FBI, Louisville Field Office; and Chief Darin Allgood, Georgetown Police Department, jointly announced the sentence.

The investigation was conducted by the FBI and Georgetown Police Department.  Assistant U.S. Attorney Mary Melton is prosecuting the case on behalf of the United States.

The U.S. Attorney’s Office prosecuted this case as part of Project Safe Childhood, a nationwide initiative launched in 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by U.S. Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend, and prosecute individuals who exploit children via the Internet as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.

— END —

Two former Federal Bureau of Prisons (BOP) corrections officers, Samuel J. Patrick, 41, and Clinton L. Pauley, 42, were sentenced today to 36 months in prison followed by one year of supervised release and 40 months in prison followed by one year of supervised release, respectively, for their roles in the assaults of inmates held at U.S. Penitentiary Big Sandy. Patrick and Pauley previously pleaded guilty and testified against a third co-defendant at trial earlier this year. 

“As today’s convictions demonstrate, the Department of Justice will hold accountable BOP employees who abuse their position of authority and those in their custody,” said Deputy Attorney General Lisa O. Monaco. “We will not let up in our ongoing efforts to root out abuse and misconduct at the Bureau of Prisons, so that it can fulfill its mission to safely and humanely care for the adults in its custody while also preparing them to reenter society.”

“Physical abuse and corruption by law enforcement officers is unacceptable no matter where it occurs, but these offenses stand out because they were committed by veteran federal officers in a Bureau of Prisons facility,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “Defendant Patrick’s racially-charged and violent assault on one inmate was not only unlawful but morally reprehensible. The Justice Department takes constitutional abuses by federal officers extremely seriously, and we will continue to prosecute officers who violate federal civil rights laws.”

“Patrick and Pauley engaged in egregious acts of violence towards inmates in their custody and care, and then tried to cover up their crimes,” said Inspector General Michael E. Horowitz of the Justice Department. “Today’s sentencing shows that assault of inmates will not be tolerated, and perpetrators will be held accountable.”

“These defendants were charged with the custody and care of others; instead, they committed themselves to abusing those in their care, breaching the public trust, disserving the interests of true law enforcement and violating the civil rights of others,” said U.S. Attorney Carlton S. Shier IV for the Eastern District of Kentucky. “Holding law enforcement officials accountable for civil rights violations is an important first step to restoring the public trust in dedicated law enforcement and to protecting the civil rights of everyone.”

According to court documents and evidence introduced at trial, Patrick and Pauley unlawfully used force to punish two inmates housed at Big Sandy. On March 30, 2021, the officers assaulted an inmate by spraying him in the face with pepper spray and kicking him in the head and upper body. Witnesses, including those who assaulted the inmates, testified that the inmate was not a threat and was compliant, and was assaulted for walking too slowly to his cell, rather than for any legitimate penological purpose. On April 29, 2021, the officers assaulted a second inmate by elbowing him in the head and punching him in the body. The victim of that assault had requested protection from other inmates. When the victim, who is white, revealed that he used to affiliate with Black gangs, Patrick referred to him as a “race traitor,” after which Patrick and Pauley both repeatedly struck him in the head and body. In addition to the preceding incidents, Pauley further admitted that he assaulted a third federal inmate during an unrelated encounter on March 26, 2021.

On both March 30 and April 29, 2021, Patrick and Pauley’s co-defendant, Lieutenant Kevin C. Pearce, 39, was present and saw his lower-ranking officers using force out of anger. Afterwards, Pearce helped them try to cover up what happened by writing false reports, backing up their cover stories and pressuring subordinate officers to join the cover-ups. Pearce was found guilty at trial of writing false reports that covered up the assaults. His sentencing is scheduled for Dec. 5.

The Justice Department’s Office of Inspector General and the FBI Louisville Field Office investigated the case. 

Assistant U.S. Attorney Zachary Dembo for the Eastern District of Kentucky and Trial Attorney Thomas Johnson of the Civil Rights Division’s Criminal Section prosecuted the case.

BOP is committed to rooting out misconduct within its ranks and working with law enforcement partners to prosecute violations of federal law. The numerous BOP employees working diligently to ensure justice for the victims of misconduct are critical to the Department’s reform efforts.

LONDON, Ky. Two former Federal Bureau of Prisons (BOP) corrections officers, Samuel J. Patrick, 41, and Clinton L. Pauley, 42, were sentenced today to 36 months in prison followed by one year of supervised release and 40 months in prison followed by one year of supervised release, respectively, for their roles in the assaults of inmates held at U.S. Penitentiary Big Sandy. Patrick and Pauley previously pleaded guilty and testified against a third co-defendant at trial earlier this year.

“As today’s convictions demonstrate, the Department of Justice will hold accountable BOP employees who abuse their position of authority and those in their custody,” said Deputy Attorney General Lisa O. Monaco. “We will not let up in our ongoing efforts to root out abuse and misconduct at the Bureau of Prisons, so that it can fulfill its mission to safely and humanely care for the adults in its custody while also preparing them to reenter society.”

“Physical abuse and corruption by law enforcement officers is unacceptable no matter where it occurs, but these offenses stand out because they were committed by veteran federal officers in a Bureau of Prisons facility,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “Defendant Patrick’s racially-charged and violent assault on one inmate was not only unlawful but morally reprehensible. The Justice Department takes constitutional abuses by federal officers extremely seriously, and we will continue to prosecute officers who violate federal civil rights laws.”

“Patrick and Pauley engaged in egregious acts of violence towards inmates in their custody and care, and then tried to cover up their crimes,” said Inspector General Michael E. Horowitz of the Justice Department. “Today’s sentencing shows that assault of inmates will not be tolerated, and perpetrators will be held accountable.”

“These defendants were charged with the custody and care of others; instead, they committed themselves to abusing those in their care, breaching the public trust, disserving the interests of true law enforcement and violating the civil rights of others,” said U.S. Attorney Carlton S. Shier IV for the Eastern District of Kentucky. “Holding law enforcement officials accountable for civil rights violations is an important first step to restoring the public trust in dedicated law enforcement and to protecting the civil rights of everyone.”

“Federal corrections officers are entrusted to protect the individuals placed in their custody. The two defendants in this case blatantly broke that trust by violently assaulting multiple inmates,” said Special Agent in Charge Michael E. Stansbury of the FBI Louisville Field Office. “The FBI will continue its vigorous pursuit of investigating and holding accountable any law enforcement official who chooses to violate the civil rights of those they take an oath to protect.”

According to court documents and evidence introduced at trial, Patrick and Pauley unlawfully used force to punish two inmates housed at Big Sandy. On March 30, 2021, the officers assaulted an inmate by spraying him in the face with pepper spray and kicking him in the head and upper body. Witnesses, including those who assaulted the inmates, testified that the inmate was not a threat and was compliant, and was assaulted for walking too slowly to his cell, rather than for any legitimate penological purpose. On April 29, 2021, the officers assaulted a second inmate by elbowing him in the head and punching him in the body. The victim of that assault had requested protection from other inmates. When the victim, who is white, revealed that he used to affiliate with Black gangs, Patrick referred to him as a “race traitor,” after which Patrick and Pauley both repeatedly struck him in the head and body. In addition to the preceding incidents, Pauley further admitted that he assaulted a third federal inmate during an unrelated encounter on March 26, 2021.

On both March 30 and April 29, 2021, Patrick and Pauley’s co-defendant, Lieutenant Kevin C. Pearce, 39, was present and saw his lower-ranking officers using force out of anger. Afterwards, Pearce helped them try to cover up what happened by writing false reports, backing up their cover stories and pressuring subordinate officers to join the cover-ups. Pearce was found guilty at trial of writing false reports that covered up the assaults. His sentencing is scheduled for Dec. 5.

The Justice Department’s Office of Inspector General and the FBI Louisville Field Office investigated the case.

Assistant U.S. Attorney Zachary Dembo for the Eastern District of Kentucky and Trial Attorney Thomas Johnson of the Civil Rights Division’s Criminal Section prosecuted the case.

BOP is committed to rooting out misconduct within its ranks and working with law enforcement partners to prosecute violations of federal law. The numerous BOP employees working diligently to ensure justice for the victims of misconduct are critical to the Department’s reform efforts.

– END –

LEXINGTON, Ky. – A Lexington man, Kevin Daniel Lentz, 49, pleaded guilty on Monday, before U.S. Magistrate Judge Matthew Stinnett, to the production and possession of child pornography.

Lentz admitted in his plea agreement that he began an online conversation with the 9-year-old victim, on March 19, 2023. Within minutes, Lentz sent the victim 85 images or videos of adult pornography, including sexually explicit images and videos of Lentz.  Lentz also persuaded the victim to create and send multiple sexually explicit videos and images of himself to Lentz via the internet. Lentz acknowledged that, at the time, he knew the victim was a minor.

A search warrant was executed at Lentz's residence in Lexington, on August 8, 2023.  The search resulted in the seizure of numerous electronic devices, including a computer, a cellular phone, and multiple hard drives.  A search of these devices revealed several hundred additional images and videos of prepubescent minors engaged in sexually explicit conduct that Lentz obtained from the internet.   

Carlton S. Shier, IV, United States Attorney for the Eastern District of Kentucky; Rana Saoud, Special Agent in Charge, Department of Homeland Security, Homeland Security Investigations (HSI); and Chief Lawrence Weathers, Lexington Police Department, jointly announced the guilty plea.

 The investigation was conducted by HSI and Lexington Police Department. Assistant U.S. Attorney Erin Roth is prosecuting the case on behalf of the United States.

Lentz is scheduled to be sentenced on a date yet to be determined. He faces a minimum of 15 years and a maximum of 30 years in prison on for production of child pornography and a maximum sentence of 20 years in prison for possession of child pornography. However, any sentence will be imposed by the Court, after its consideration of the U.S. Sentencing Guidelines and the federal sentencing statutes. 

The U.S. Attorney’s Office prosecuted this case as part of Project Safe Childhood, a nationwide initiative launched in 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by U.S. Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend, and prosecute individuals who exploit children via the Internet as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov

— END —

LEXINGTON, Ky.- A Lexington man was convicted on Thursday, by a federal jury in Lexington, of drug trafficking and firearms offenses.         

After 3 hours of deliberations, following a 3-day trial, the jury convicted 36-year-old Chase Russell Downey of conspiracy to distribute and possess with intent to distribute more than 5 kilograms of cocaine, possession with intent to distribute more than 500 grams of cocaine, possession of firearms by a convicted felon, conspiracy to commit money laundering, and possession of firearms in furtherance of drug trafficking.

According to testimony at trial, Downey was selling kilogram quantities of cocaine in Lexington.  Downey had a residence in Mexico, that he used as a base of operation in Mexico; he had a residence in Houston, Texas; and he had a residence where he stayed in Lexington.  Evidence presented at trial established that on several occasions law enforcement conducted surveillance and encountered Downey.  On December 12, 2022, law enforcement observed Downey leaving a residence in Lexington carrying two large plastic bags and going to potential meet locations, where he would distribute cocaine. Subsequently, Downey was arrested and a search warrant was conducted on the local residence, where a large amount of cocaine, other drugs, numerous loaded firearms, and $70,000 in drug trafficking proceeds were seized. 

Additional investigation determined that Downey made at least fourteen trips to Mexico during the relevant period.  Downey has prior felony convictions and was on supervised release for at least one prior federal felony conviction at the time of the commission of these offenses.

Carlton S. Shier, IV, United States Attorney for the Eastern District of Kentucky; Michael E. Stansbury, Special Agent in Charge, FBI Louisville Field Office; J. Todd Scott, Special Agent in Charge, DEA Louisville Field Division; and Phillip J. Burnett, Commissioner of the Kentucky State Police (KSP), jointly announced the jury verdict.

The investigation was conducted by FBI, DEA, and the KSP.  Assistant U.S. Attorney Roger West prosecuted the case on behalf of the United States.

Downey is scheduled for sentencing on February 23, 2024.  He faces a minimum of 30 years in prison.  However, the Court must consider the U.S. Sentencing Guidelines and the applicable federal sentencing statutes before imposing a sentence.

— END —

LONDON, Ky.— A Hazard, Ky., woman, Sherry L. Spencer, 46, was sentenced to 190 months in federal prison on Monday, by U.S. District Judge Robert Wier, for possession with intent to distribute 500 grams or more of methamphetamine and possession of a firearm in furtherance of drug trafficking.

According to Spencer’s plea agreement, on July 26, 2022, law enforcement conducted a search of her residence and located over 1,344 grams of methamphetamine and a loaded handgun in proximity to the methamphetamine.  Additionally, law enforcement found another loaded handgun and an AR-15 style rifle.  Spencer admitted that she possessed these firearms for protection in furtherance of her drug trafficking.

Under federal law, Spencer must serve 85 percent of her prison sentence.  Upon her release from prison, she will be under the supervision of the U.S. Probation Office for three years.

Carlton S. Shier, IV, United States Attorney for the Eastern District of Kentucky; Michael E. Stansbury, Special Agent in Charge, FBI, Louisville Field Office; and Phillip J. Burnett, Commissioner of the Kentucky State Police (KSP, jointly announced the sentence.

The investigation was conducted by the FBI and KSP. Assistant U.S. Attorney Andrew Trimble prosecuted the case on behalf of the United States.

This case was prosecuted as part of the Department of Justice’s “Project Safe Neighborhoods” Program (PSN), which is a nationwide, crime reduction strategy aimed at decreasing violent crime in communities.  It involves a comprehensive approach to public safety — one that includes investigating and prosecuting crimes, along with prevention and reentry efforts.  In the Eastern District of Kentucky, U.S. Attorney Shier coordinates PSN efforts in cooperation with various federal, state, and local law enforcement officials.

– END –

LEXINGTON, Ky.— Nana Kawabena Amuah, 31, a native of Ghana, was sentenced to 86 months in federal prison on Wednesday, by U.S. District Judge Karen Caldwell, for conspiring to commit money laundering. Amuah was also ordered to pay $4,743,443.60 in restitution.

According to Amuah’s plea agreement, beginning in 2021, Amuah was directing a co-defendant, Shimea McDonald, to open bank accounts for receiving money from a variety of fraud victims. Amuah helped facilitate McDonald getting fake identity documentation, based on fake identity information she obtained from real people. McDonald also set up shell companies, which she then used to set up bank accounts with fake identities.  Once money entered into these accounts, Amuah notified McDonald of the payments and directed her to wire or otherwise bring him the stolen funds, after McDonald had retained a portion for herself.  Working with others, Amuah would then wire or otherwise bring money to the other co-conspirators, who facilitated further transfers or initiated the underlying scheme to defraud the victims, after retaining his portion of the proceeds.

In one instance, in August 2022, the conspirators impersonated a nonprofit organization, having business with the City of Lexington over email, and convinced a City official to wire funds owed to the non-profit organization to a bank account at Truist Bank.  The City wired a total of $3,905,837.05 to the Gretson Company LLC bank account at Truist Bank.  Prior to the August 2022 wire transfer, McDonald, using the identity of K.N., had requested eight counter checks from Truist Bank, which would be funded from wires fraudulently received from the City.  Then, when the money was placed in the fraudulent account at Truist Bank, McDonald, using the identity of K.N., attempted to deposit a portion of these funds into another account in the name of Gretson Company LLC, at another financial institution.

Ultimately, Truist Bank and the City of Lexington were able to recover all the funds that were fraudulently transmitted. According to Court documents, investigators found approximately 70 other victims of this conspiracy, 60 of which did suffer losses amounting to more than $4.6 million. McDonald has been convicted for her role in the offense and is scheduled to be sentenced on December 14, 2023. A third defendant, Jean Mejia-Garcia, who attempted to deposit done on the City’s money, had been charged and is awaiting trial.

Under federal law, Amuah must serve 85 percent of his prison sentence.  Upon his release from prison, he will be under the supervision of the U.S. Probation Office for three years.

Carlton S. Shier, IV, United States Attorney for the Eastern District of Kentucky; Michael E. Stansbury, Special Agent in Charge, FBI, Louisville Field Office; and Lawrence Weathers, Chief of the Lexington Police, jointly announced the sentence.

The investigation was conducted by the FBI and Lexington Police.  Assistant U.S. Attorney Kate Dieruf prosecuted the case on behalf of the United States.

– END –

LEXINGTON, Ky. — Oxygen Plus, Inc., a provider of durable medical equipment based in Floyd County, Kentucky, has agreed to pay $200,000 to resolve allegations that it violated the False Claims Act by fraudulently billing Medicare and Medicaid for respiratory devices that patients did not need or use, in contravention of those programs’ requirements.

Oxygen Plus provided non-invasive ventilators (“NIVs”) for home use to patients in Kentucky.  NIVs are a type of complex respiratory equipment designed to deliver pressurized air into the lungs of patients with serious respiratory diseases.  Medicare and Kentucky Medicaid pay a monthly reimbursement for a patient’s rental of an NIV, so long as the NIV is necessary and reasonable for the patient’s treatment.

Oxygen Plus entered into a settlement agreement with the United States and the Commonwealth of Kentucky to resolve a federal False Claims Act case.  According to the settlement agreement, the government alleged that between January 2017 and June 2021, Oxygen Plus submitted over 300 false claims to Medicare and Kentucky Medicaid by continuing to seek reimbursement for NIV rentals even after patients no longer needed the devices or were no longer using them.

The settlement resolves allegations brought in a lawsuit filed under the qui tam, or whistleblower, provisions of the False Claims Act by two former employees of Oxygen Plus.  The qui tam provisions permit private citizens with knowledge of fraud against the government to bring a lawsuit on behalf of the United States, and to share in any recovery.  Here, the whistleblowers will receive $32,000 as their share of the settlement.

The government’s pursuit of this matter illustrates its emphasis on combating healthcare fraud.  One of the most powerful tools in this effort is the False Claims Act.  Tips and complaints about potential fraud, waste, abuse, and mismanagement can be reported to the Department of Health and Human Services at 800-HHS-TIPS (800-447-8477).

This settlement was the result of a coordinated effort by the U.S. Attorney’s Office’s Affirmative Civil Enforcement section and the U.S. Department of Health and Human Services, Office of Inspector General.  Assistant U.S. Attorney Christine Corndorf represented the government.

The lawsuit is captioned United States ex rel. Sparkman v. Oxygen Plus, Inc., et al., No. 3:21-CV-22 (E.D. Ky.).  The claims resolved by the settlement are allegations only; there has been no determination of liability.

-END-

FRANKFORT, Ky. — The former Greenup County Sheriff, Keith Cooper, 70, was sentenced to 13 months in federal prison on Friday, by U.S. District Judge Gregory Van Tatenhove, for one count of mail fraud and one count of federal program fraud.

According to his court documents, Cooper was the Greenup County Sheriff for approximately 20 years, until retiring in December 2018. Cooper’s position gave him access to funds the Sheriff’s Office seized from drug trafficking investigations, including a bank account designed to hold those proceeds. Over a four-year period, Cooper made numerous unauthorized cash withdrawals and unlawfully retained proceeds from drug trafficking investigations instead of depositing them into the account. Cooper wrongfully took $58,230 in proceeds, which included $46,100 in unexplained cash withdrawals from the bank account and $12,130 in forfeited proceeds that should have been deposited.  Cooper also wrongfully took $29,458.87 in ammunition paid for with Sheriff’s Office funding and wrongfully used county funds to pay for $1,837.26 in fuel used during his personal trips in 2018. 

Under federal law, Cooper must serve 85 percent of his prison sentences. Upon his release, he will be under the supervision of the U.S. Probation Office for one year. Cooper was also ordered to pay a $10,000 fine.

Carlton S. Shier, IV, United States Attorney for the Eastern District of Kentucky; Michael E. Stansbury, Special Agent in Charge, Federal Bureau of Investigation, Louisville Field Office; and Daniel Cameron, Kentucky Attorney General, jointly announced the sentence.

The investigation was conducted by the FBI and the Kentucky Attorney General’s Department of Criminal Investigation.  The United States was represented by Assistant U.S. Attorney Andy Boone.

-END-

LEXINGTON, Ky. — A Carlisle, Ky., man, Randall Taulbee, 59, was sentenced to 30 months in federal prison on Thursday, by U.S. District Judge Karen Caldwell, after previously pleading guilty to two counts of conspiring to defraud the United States, by committing crop insurance fraud.

According to his plea agreement, Taulbee, who was a magistrate in Bourbon County from 2018 until his resignation earlier this year, owned and rented farmland in Bourbon and Nicholas Counties, where he produced tobacco and corn that he began to insure through federal crop insurance in 2009 and 2013 respectively.  Beginning in at least March 2013 and through November 2017, Taulbee admitted to working with his co-defendants, his brother-in-law, James A. McDonald, his sister, Cherie Lynn Noble, and his insurance agent, to falsify crop insurance policies and claims of loss.

Some examples of how Taulbee defrauded the crop insurance program include falsely stating that he was a New Producer, overreporting his acreage, falsely submitting records from a farm supply store, failing to report crop sales on his insurance claims of loss, and submitting false claims of loss documentation on private Crop Hail crop insurance policies.

Taulbee’s co-defendants have also been sentenced.  McDonald received six months in prison, two years of supervised release, and was ordered to pay $718,784 in restitution. Noble received probation and community service and was ordered to pay $263,614 in restitution.

Under federal law, Taulbee and his co-defendants must serve 85 percent of their prison sentences. Upon his release, Taulbee will be under the supervision of the U.S. Probation Office for three years. In addition to his prison sentence, Taulbee was ordered to pay $718,784 in restitution.

Carlton S. Shier, IV, United States Attorney for the Eastern District of Kentucky; Jason M. Williams, Special Agent in Charge, United States Department of Agriculture Office of Inspector General; Michael E. Stansbury, Special Agent in Charge, Federal Bureau of Investigation, Louisville Field Office; Bryant Jackson, Special Agent in Charge, Internal Revenue Service-Criminal Investigation; and Juan Garrett, Director, Kentucky Department of Insurance Fraud Investigation Division, jointly announced the sentence.

The investigation was conducted by the United States Department of Agriculture Office of Inspector General, United States Department of Agriculture Risk Management Agency Special Investigations Staff, Federal Bureau of Investigation, Internal Revenue Service-Criminal Investigation, and Kentucky Department of Insurance.  The United States was represented by Assistant U.S. Attorneys Kate Dieruf and Andrea Mattingly Williams.

-END-

LONDON, Ky. — A Cambridge City, Ind., man, John Carico, 56, was sentenced to 120 months in federal prison on Friday, by U.S. District Judge Robert Wier, for possession with intent to distribute 500 grams or more of methamphetamine.

According to his plea agreement, on August 31, 2022, law enforcement conducted a traffic stop on a vehicle occupied by Carico and Gary Voiles.  During the stop, a canine alerted to the presence of narcotics in the vehicle.  Officers then asked Voiles to step out of the car.  At that point, Carico slid into the driver’s seat and fled the scene.  Carico made contact with one of the officers as he fled and then led police on a lengthy pursuit, with speeds in excess of 100 mph.  Law enforcement eventually stopped the vehicle.  When tracing the route of the chase, law enforcement recovered a bag with 741 grams of methamphetamine that Carico had thrown from the vehicle.

Voiles has also entered a guilty plea in the case and is scheduled to be sentenced in January 2023.

Under federal law, Carico must serve 85 percent of his prison sentence; and upon his release, he will be under the supervision of the U.S. Probation Office for five years. 

Carlton S. Shier, IV, United States Attorney for the Eastern District of Kentucky; Michael E. Stansbury, Special Agent in Charge, FBI, Louisville Field Office; and Sheriff Bobby Jones, Pulaski County Sheriff’s Office, jointly announced the sentence.

The investigation was conducted by FBI and the Pulaski County Sheriff’s Office.  The United States was represented by Assistant U.S. Attorney Justin Blankenship.

-END-

LEXINGTON, Ky. —Two men who participated in a far-reaching conspiracy to launder drug proceeds were sentenced on Friday, by Chief U.S. District Judge Danny C. Reeves.  Anthony Scott Cossu, 29, of Olympia, Washington, was sentenced to 70 months in federal prison and ordered to forfeit $204,265.00 in money that was proceeds of drug trafficking.  Felipe Martinez, age 25, of Los Angeles, California, was sentenced to 60 months in federal prison and ordered to forfeit $347,828.00 that was drug proceeds.  

According to their plea agreements, Cossu and Martinez engaged in a money laundering scheme, with six additional defendants, which included criminal activities in Lexington, Chicago, and elsewhere, during the conspiracy.  Cossu was responsible for $765,065.00 in laundered funds, while Martinez was held accountable for $347,828,00.  Cossu, Martinez, and others, delivered bulk cash drug proceeds to others for conversion to cryptocurrency and transferred to other conspirators based in Mexico.  A total of 26 kilograms of cocaine was also seized during the investigation, as well as 3 firearms.

Cossu and Martinez’s four co-defendants have previously been sentenced for their roles. Carlos Gonzalez received 97 months in prison and three years of supervised release; Rudy Guerrero received 80 months and three years of supervised release; Warren Miller received 24 months and three years of supervised release; and Oscar Alberto Palacios Espericuete received 30 months and three years of supervised release. 

Under federal law, Cossu and Martinez must serve 85 percent of their prison sentences. After their release from prison, they will be under supervised release for three years.

Carlton S. Shier, IV, United States Attorney for the Eastern District of Kentucky, and J. Todd Scott, Special Agent in Charge, DEA, Louisville Field Division, jointly announced the sentences.

The investigation was conducted by the DEA.  The United States was represented in the case by Assistant U.S. Attorney Todd Bradbury.  

This operation is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) investigation. OCDETF identifies, disrupts, and dismantles the highest-level drug traffickers, money launderers, gangs, and transnational criminal organizations that threaten the United States by using a prosecutor-led, intelligence-driven, multi-agency approach that leverages the strengths of federal, state, and local law enforcement agencies against criminal networks.

-END-

LEXINGTON, Ky.— A Lexington, Ky., man, Charles E. Johnson, Jr., 62, was sentenced to 15 months in federal prison on Friday, by Chief U.S. District Judge Danny Reeves, for making materially false statements to the United States Probation Office and for failing to appear for a hearing while released on bond pending trial. 

Johnson was serving a term of supervised release following convictions in the Eastern District of Virginia for securities fraud and witness tampering.  Public records demonstrate that as part of his sentence for securities fraud, Johnson was ordered to pay more than $9 million in restitution to the victims of his crime.  According to his plea agreement, as a condition of that supervised release, Johnson was required to make sworn financial disclosures to the United States Probation Office fully disclosing assets he controlled, so that the Probation Office could determine resources available to repay victims of his earlier securities fraud.  On two separate sworn financial disclosures in 2021, Johnson intentionally concealed his control of a company bank account, which he used to pay more than $140,000 in personal expenses that year, instead reporting only that he earned $3,500 per month from the company.  Johnson was released on bond pending trial for these false statements offenses.  When the United States moved to revoke his bond due to unauthorized travel outside the Eastern District of Kentucky, Johnson fled to Las Vegas and failed to appear at a scheduled bond revocation hearing in April 2023.  He was apprehended in Minnesota the following month.

In addition to his sentence for these crimes, Johnson was sentenced to another 6 months in prison for further violations of the conditions of his supervised release.

Under federal law, Johnson must serve 85 percent of his prison sentence.  Upon his release from prison, he will be under the supervision of the U.S. Probation Office for 3 years.

Carlton S. Shier IV, United States Attorney for the Eastern District of Kentucky, and Lesley Allison, Inspector in Charge, United States Postal Inspection Service, Pittsburgh Field Office, jointly announced the sentence.

The investigation was conducted by the United States Postal Inspection Service.  The United States was represented by Assistant U.S. Attorney Paul McCaffrey.

– END –

COVINGTON, Ky. — An Erlanger, Ky., man, Johnathan Paul Hornsby, 32, was sentenced to 204 months in federal prison on Thursday, by U.S. District Judge David Bunning, for possession with intent to distribute five grams or more of methamphetamine and possession of a firearm in furtherance of drug trafficking.  

According to his guilty plea agreement, on September 30, 2022, Hornsby was stopped for a traffic violation and was arrested by law enforcement because of an active warrant. Law enforcement found a loaded handgun, 16.8 grams of methamphetamine, and over $500 in his pocket. Hornsby admitted that he intended to distribute some portion of methamphetamine to others and he possessed the firearm to protect himself, his drugs, and his drug proceeds from robbery.                                              

Hornsby pleaded guilty in May 2023.

Under federal law, Hornsby must serve 85 percent of his prison sentence. Upon his release, he will be under supervision of the U.S. Probation Office for five years.

Carlton S. Shier, IV, United States Attorney for the Eastern District of Kentucky; J. Todd Scott, Special Agent in Charge, DEA, Louisville Field Division; and Chief Tom Grau, Florence Police Department, jointly announced the sentence.

The investigation was conducted by the DEA and Florence Police Department. The United States was represented by Assistant U.S. Attorney Tony Bracke.

-END-

A former correctional officer at the Federal Medical Center in Lexington, Kentucky, pleaded guilty today before U.S. District Judge Karen Caldwell to sexual abuse of a ward.

According to his plea agreement, beginning on Sept. 3, 2022, through Sept. 19, 2022, while employed as a correctional officer at the Federal Medical Center in Lexington, Kentucky, Dustin B. Sparks, 29, knowingly engaged in a sexual act with an inmate on one or more occasions.

“As this latest prosecution demonstrates through today’s guilty plea, the Department of Justice remains vigilant and dedicated to rooting out sexual misconduct at the Federal Bureau of Prisons,” said Deputy Attorney General Lisa O. Monaco. “Any employee of the Federal Bureau of Prisons who abuses their authority and mistreats those in their custody will be held accountable.”

“The Department of Justice Office of the Inspector General (DOJ-OIG) will continue to aggressively investigate Federal Bureau of Prisons employees accused of sexual abuse of inmates,” said Inspector General Michael E. Horowitz. “Today’s announcement should send a clear message that this kind of conduct will not be tolerated, and perpetrators will be brought to justice.”

“Those charged with the custody and care of inmates have a profound responsibility, both to those in their care and the public,” said U.S. Attorney Carlton S. Shier IV for the Eastern District of Kentucky. “We remain steadfast in our efforts to prevent and prosecute criminal misconduct by those entrusted with that grave responsibility.” 

DOJ-OIG investigated the case, with assistance from the FBI Louisville Field Office.

Assistant U.S. Attorney Zach Dembo for the Eastern District of Kentucky is prosecuting the case.

Sentencing is scheduled for Dec. 19. Sparks faces a maximum penalty of 15 years in prison and up to a $250,000 fine. A federal district judge will determine any sentence after considering the U.S. Sentencing Guidelines other statutory factors. 

The Federal Bureau of Prisons (FBOP) is committed to rooting out misconduct within its ranks and working with law enforcement partners to prosecute violations of federal law. The numerous FBOP employees working diligently to ensure justice for the victims of sexual misconduct are critical to the Department’s reform efforts.  

PIKEVILLE, Ky. – A federal jury sitting in Pikeville convicted a Kentucky physician, Crystal Compton, D.O., 43, and a nurse, Kayla Lambert, 36, on late Thursday of conspiracy to illicitly prescribe controlled substances and related offenses.  Compton was also convicted of 44 counts of unlawfully distributing controlled substances.  

During the relevant timeframe, Compton was a licensed physician who practiced in several medical clinics in the Pikeville area.  Lambert was a nurse who also worked at these medical clinics.

According to evidence presented, Compton and Lambert conspired to unlawfully distribute controlled substances using prescriptions that were not written for a legitimate medical purpose, within the usual course of professional practice.  Compton and Lambert issued prescriptions for significant quantities and dosages of opioid painkillers, including oxycodone, methadone, and hydrocodone, sometimes in combination with other controlled substances, such as alprazolam and clonazepam.  For example, one individual received prescriptions for 720 methadone 10mg and 180 alprazolam 2mg pills in a single month.  Another received prescriptions for 480 methadone 10mg and 300 oxycodone 10mg pills in a single month.  Compton also provided multiple prescriptions to Lambert for 180 oxycodone 30mg pills.  The evidence also established that Lambert sometimes issued illegitimate controlled substance prescriptions by signing Compton’s name to prescriptions.  

Carlton S. Shier, IV, United States Attorney for the Eastern District of Kentucky, and J. Todd Scott, Special Agent in Charge, DEA, Louisville Field Division, jointly announced the guilty verdict.

Compton and Lambert are scheduled to be sentenced on January 30, 2024.  The maximum penalty for the drug trafficking conspiracy and the individual counts of unlawful distribution of controlled substances is 20 years, for Schedule II controlled substances, and five years, for Schedule IV controlled substances.  The maximum penalty for conspiring to misuse a DEA registration is 4 years.  However, the Court must consider the U.S. Sentencing Guidelines and the applicable federal sentencing statutes before imposing a sentence.  The defendants also face potential fines, forfeiture of their licenses, a forfeiture money judgment, and a judgment of restitution, as ordered by the Court.

The case was investigated by the DEA.

The United States was represented in the case by Assistant U.S. Attorney Andrew Smith. 

– END –

FRANKFORT, Ky. — A Friendsville, Tenn., man, Thomas Z. Kasemeyer, 34, was sentenced to 18 months in federal prison on Thursday, by U.S. District Judge Gregory Van Tatenhove, for conspiring to transport stolen goods across state lines.  Following his term of incarceration, he was also ordered to serve three years of supervised release.  

According to his guilty plea agreement, in 2021 and early 2022, Kasemeyer, along with his co-defendant, Coy Lee Best, committed a series of burglaries in Tennessee, Georgia, and Kentucky, where they stole valuable sports cards and similar merchandise from various businesses.  After these burglaries, Kasemeyer and Best admitted that they would then travel, often across state lines, to other sports cards stores, to sell what they had stolen.

In addition to his prison sentence, Kasemeyer was also ordered to pay $198,775 in restitution, representing the value of the merchandise stolen during the conspiracy.  For his role in the conspiracy, Coy Best was sentenced to 24 months in prison, in May 2023.

Under federal law, Kasemeyer and Best must serve 85 percent of their prison sentences.  In addition to the $198,775 ordered for restitution, the Court also directed Kasemeyer to pay a money judgement in the amount of $30,000, reflecting his personal proceeds from the stolen merchandise.

Carlton S. Shier, IV, United States Attorney for the Eastern District of Kentucky, and Brian Jones, Acting Special Agent in Charge, FBI, Louisville Field Office; Chief Lawrence Weathers, Lexington Police Department; Chief Paul Noel, Knoxville Police Department; Chief Celeste Murphy; Chattanooga Police Department; Chief Frank McCann, Cartersville Police Department; Sheriff Robert Bryan, Wilson County Sheriff’s Office; and Sheriff David Charles, Montgomery County Sheriff’s Office, jointly announced the sentence.

The investigation was conducted by the FBI, Lexington Police Department, Knoxville Police Department, Chattanooga Police Department, Cartersville Police Department, Wilson County Sheriff’s Office, and the Montgomery County Sheriff’s Office. The United States was represented by Assistant U.S. Attorney Will Moynahan.

-END-

FRANKFORT, Ky. — A Lexington man, John M. Hoskins, III, 33, was sentenced to 120 months in federal prison on Wednesday, by U.S. District Judge Gregory Van Tatenhove, for multiple counts of distributing 50 grams or more of methamphetamine and one count of carrying a firearm during and in relation to a drug trafficking crime.

Between May and July 2022, law enforcement conducted multiple controlled drug transactions with Hoskins using a confidential informant.  Through these transactions, Hoskins sold a total of nearly 500 grams of methamphetamine and at least one firearm to the confidential informant.  In addition, Hoskins was observed armed with another firearm during at least one of the drug transactions.

Hoskins pleaded guilty to the charges in June 2023.

Under federal law, Hoskins must serve 85 percent of his prison sentence; and upon his release, he will be under the supervision of the U.S. Probation Office for five years. 

Carlton S. Shier, IV, United States Attorney for the Eastern District of Kentucky; Shawn Morrow, Special Agent in Charge, ATF, Louisville Field Division; and Phillip J. Burnett, Commissioner of the Kentucky State Police (KSP), jointly announced the sentence.

The investigation was conducted by ATF, the KSP, and the Bluegrass Narcotics Task Force. The United States was represented by Assistant U.S. Attorney Paco Villalobos.

This case was prosecuted as part of the Department of Justice’s “Project Safe Neighborhoods” Program (PSN), which is a nationwide, crime reduction strategy aimed at decreasing violent crime in communities.  It involves a comprehensive approach to public safety — one that includes investigating and prosecuting crimes, along with prevention and reentry efforts.  In the Eastern District of Kentucky, U.S. Attorney Shier coordinates PSN efforts in cooperation with various federal, state, and local law enforcement officials.

-END-

FRANKFORT, Ky. — A Lexington man, Cleotis Wade, 50, was sentenced to 48 months in federal prison on Tuesday, by U.S. District Judge Gregory VanTatenhove, for possession of a firearm by a convicted felon.

According to his plea agreement, on May 29, 2022, law enforcement encountered Wade after being dispatched to an apartment complex in Lexington.  According to a witness, a man matching Wade’s description had attempted to enter her apartment, then retrieved a firearm from his vehicle and fired one or more shots into the air.  Law enforcement located Wade outside the complex in a car, observed a firearm behind the passenger seat, and found a fired shell casing outside the driver side door.

Wade had multiple prior felony convictions in Fayette Circuit Court, including for heroin trafficking in 2014 and burglary in 2011.  As a convicted felon, Wade was prohibited from possessing a firearm.  

Wade pleaded guilty to the current charge in March 2023.

Under federal law, Wade must serve 85 percent of his prison sentence; and upon his release, he will be under the supervision of the U.S. Probation Office for three years. 

Carlton S. Shier, IV, United States Attorney for the Eastern District of Kentucky; Shawn Morrow, Special Agent in Charge, ATF, Louisville Field Division; and Chief Lawrence Weathers, Lexington Police Department, jointly announced the sentence.

The investigation was conducted by ATF and the Lexington Police Department.  The United States was represented by Assistant U.S. Attorney Cindy Rieker.

This case was prosecuted as part of the Department of Justice’s “Project Safe Neighborhoods” Program (PSN), which is a nationwide, crime reduction strategy aimed at decreasing violent crime in communities.  It involves a comprehensive approach to public safety — one that includes investigating and prosecuting crimes, along with prevention and reentry efforts.  In the Eastern District of Kentucky, U.S. Attorney Shier coordinates PSN efforts in cooperation with various federal, state, and local law enforcement officials.

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LONDON, Ky. — A Whitley County man, Michael Andrew Nakonechny, 41, was sentenced to 162 months in federal prison on Tuesday, by U.S. District Judge Claria Horn Boom, for possession with intent to distribute 50 grams or more of methamphetamine and possession of a firearm in furtherance of a drug trafficking offense.

According to his plea agreement, on August 5, 2022, law enforcement in Whitley County located a backpack that Nakonechny possessed and contained over 50 grams of methamphetamine.  Nakonechny had received the drugs from his supplier and intended to distribute them.  Law enforcement also found a loaded firearm inside the backpack.  Nakonechny possessed the firearm to further his drug trafficking activity.

Nakonechny pleaded guilty to the charges in May 2023.

Under federal law, Nakonechny must serve 85 percent of his prison sentence; and upon his release, he will be under the supervision of the U.S. Probation Office for four years. 

Carlton S. Shier, IV, United States Attorney for the Eastern District of Kentucky; Shawn Morrow, Special Agent in Charge, ATF, Louisville Field Division; Phillip J. Burnett, Commissioner of the Kentucky State Police; and Rusty Hedrick, Chief of the Corbin Police Department, jointly announced the sentence.

The investigation was conducted by ATF, the KSP, and the Corbin Police Department.  

This case was prosecuted as part of the Department of Justice’s “Project Safe Neighborhoods” Program (PSN), which is a nationwide, crime reduction strategy aimed at decreasing violent crime in communities.  It involves a comprehensive approach to public safety — one that includes investigating and prosecuting crimes, along with prevention and reentry efforts.  In the Eastern District of Kentucky, U.S. Attorney Shier coordinates PSN efforts in cooperation with various federal, state, and local law enforcement officials.

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FRANKFORT, Ky. — A Kentucky man, Michael Wayne Henderson, 51, was sentenced to 84 months in federal prison on Tuesday, by U.S. District Judge Gregory VanTatenhove, for failure to register as a sex offender.

According to evidence presented at trial, Henderson has repeatedly failed to register as a sex offender.  In 2002, he was convicted in Perry County, Indiana for Deviate Criminal Sexual Conduct.  As a result, for the rest of his life, Henderson is required to register as a sex offender in the state in which he lives, works, or goes to school.  Henderson initially faced charges for failing to register in 2009 after moving to the Eastern District of Kentucky.  Henderson was convicted by a jury and sentenced to 10 years in prison and placed on supervised release for life.  In 2019, Henderson was incarcerated because he again failed to register, in violation of the terms of his supervised release.  After his release from prison, Henderson traveled back to Kentucky, but again failed to register as required.  A jury convicted Henderson in March 2023 for his most recent failure to register.

Under federal law, Henderson must serve 85 percent of his prison sentence; and upon his release, he will be under the supervision of the U.S. Probation Office for life. 

Carlton S. Shier, IV, United States Attorney for the Eastern District of Kentucky and Jeremy Honaker, Acting U.S. Marshal for the Eastern District of Kentucky, jointly announced the sentence.

The investigation was conducted by the U.S. Marshals Service. The United States was represented by Assistant U.S. Attorney Erin Roth.

The U.S. Attorney’s Office prosecuted this case as part of Project Safe Childhood, a nationwide initiative launched in 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by U.S. Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend, and prosecute individuals who exploit children via the Internet as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov

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FRANKFORT, Ky. — A Lexington man, Cary Lamar Wilkerson, Jr., 24, was sentenced to 240 months in federal prison on Tuesday, by U.S. District Judge Gregory VanTatenhove, for two counts of possession of a firearm by a convicted felon, one count of possession with intent to distribute 10 grams or more of a fentanyl analogue, two counts of possession of a firearm in furtherance of drug trafficking, and one count of possession with intent to distribute a fentanyl mixture. ­­­

According to court documents, in June 2022, law enforcement in Fayette County attempted a traffic stop on a vehicle being driven by Wilkerson, but he refused to stop, resulting in a pursuit that endangered other motorists.  Law enforcement was able to disable Wilkerson’s vehicle, but Wilkerson then fled on foot.  After he was apprehended, officers located a firearm and 17 grams of flurofentanyl that Wilkerson had abandoned upon fleeing.  The firearm was a Glock pistol, with a “Glock switch” that converts a semi-automatic pistol into a machinegun.

Law enforcement in Clark County encountered Wilkerson again in October 2022, when a vehicle was observed travelling over 100 mph on I-64.  Law enforcement attempted a traffic stop, but the car accelerated and nearly struck multiple other vehicles.  After crashing into a utility pole and fleeing on foot, Wilkerson was apprehended by law enforcement. During the foot chase, Wilkerson attempted to discard two bags of fentanyl and a firearm.  Inside Wilkerson’s wrecked vehicle, law enforcement found more narcotics, cash, and numerous empty plastic bags.

Wilkerson pleaded guilty to the charges in May 2023.

Wilkerson has multiple prior convictions, including for robbery and drug trafficking.  As a convicted felon, he was prohibited from possessing a firearm.

Under federal law, Wilkerson must serve 85 percent of his prison sentence; and upon his release, he will be under the supervision of the U.S. Probation Office for eight years. 

Carlton S. Shier, IV, United States Attorney for the Eastern District of Kentucky; Shawn Morrow, Special Agent in Charge, ATF, Louisville Field Division; Chief Lawrence Weathers, Lexington Police Department; and Sheriff Berl Perdue, Jr., Clark County Sheriff’s Office, jointly announced the sentence.

The investigation was conducted by ATF and the Lexington Police Department, and the Clark County Sherriff’s Office.  The United States was represented by Assistant U.S. Attorney Cindy Rieker.

This case was prosecuted as part of the Department of Justice’s “Project Safe Neighborhoods” Program (PSN), which is a nationwide, crime reduction strategy aimed at decreasing violent crime in communities.  It involves a comprehensive approach to public safety — one that includes investigating and prosecuting crimes, along with prevention and reentry efforts.  In the Eastern District of Kentucky, U.S. Attorney Shier coordinates PSN efforts in cooperation with various federal, state, and local law enforcement officials.

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