Eastern District of Kentucky

PIKEVILLE, Ky. — A Detroit man, Jayshawn Robinson, 30, was sentenced on Friday to 185 months in prison, by U.S. District Judge Robert E. Wier, for his involvement in a conspiracy to distribute heroin and 500 grams or more of methamphetamine. 

On August 12, 2021, a Johnson County Sheriff’s Deputy conducted a search of the residence of Charles Chandler in Johnson County.  During the search, law enforcement seized over 500 grams of methamphetamine that Chandler had obtained from Jayshawn Robinson. 

Robinson pleaded guilty to aggravated drug trafficking charges, in March 2022. According to Robinson’s plea agreement, between April of 2021 and August 12, 2021, he had been regularly importing drugs into Johnson and Magoffin Counties to supply drug dealers there, including Chandler.

Charles Chandler was sentenced to 90 months in prison, in June of 2022.  Also charged in the conspiracy were Ashley and Cory Johnson of Magoffin County.  For their roles in the conspiracy, Cory Johnson was sentenced to 46 months and Ashley Johnson was sentenced to 80 months. 

Under federal law, the defendants must serve 85 percent of their prison sentences.  Upon their release from prison, they will be under the supervision of the U.S. Probation Office.

Carlton S. Shier, IV, United States Attorney for the Eastern District of Kentucky; J. Todd Scott, Special Agent in Charge, DEA, Louisville Field Division; Col. Phillip Burnett, Commissioner of the Kentucky State Police; and Doug Saylor, Sheriff of Johnson County, jointly announced the sentences.

The investigation was conducted by the DEA, the Johnson County Sheriff’s Department, Operation UNITE, and the Kentucky State Police. The United States was represented by Assistant U.S. Attorney Andrew Trimble.  

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FRANKFORT, Ky. — A Lexington, Ky., man, Michael Allen Comberger, 57, was sentenced on Thursday to 60 months in federal prison, by U.S. District Judge Gregory VanTatenhove, for transporting an individual in interstate commerce with the intent to engage in prostitution.   

According to Comberger’s plea agreement, he admitted to owning and operating an interstate prostitution business, named Fantasys Escort Service, out of Fayette County.  To facilitate the prostitution business, Comberger used a website for the service and would showcase various female escorts in different locations in the United States.  On the website, each escort’s pictures, biographical information, and hourly rates were listed.  Comberger further admitted that he would set up appointments for the escorts, for commercial sex with customers; and, on multiple occasions, he drove them to their appointments, in other states.  The money gained from the appointments for commercial sex was split between the escorts and Comberger.  A fine of $10,000 was also imposed.

Comberger pleaded guilty in June 2022.

Under federal law, Comberger 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; Jodi Cohen, Special Agent in Charge, FBI, Louisville Field Office; and Lawrence Weathers, Chief of the Lexington Police Department, jointly announced the sentence.

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

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United States Attorney Carlton S. Shier, IV announced today that Assistant United States Attorney (AUSA) Andy Boone will lead the efforts of his Office in connection with the Justice Department’s nationwide Election Day Program, for the upcoming November 8, 2022, general election.  AUSA Boone has been appointed to serve as the District Election Officer (DEO) for the Eastern District of Kentucky, and in that capacity is responsible for overseeing the District’s handling of election day complaints of voting rights concerns, threats of violence to election officials or staff, and election fraud, in consultation with Justice Department Headquarters in Washington.

United States Attorney Shier said, “Every citizen must be able to vote without interference or discrimination and to have that vote counted in a fair and free election.  Similarly, election officials and staff must be able to serve without being subject to unlawful threats of violence.  The Department of Justice will work tirelessly to protect the integrity of the election process.”

The Department of Justice has an important role in deterring and combatting discrimination and intimidation at the polls, threats of violence directed at election officials and poll workers, and election fraud.  The Department addresses these violations wherever they occur.  The Department’s longstanding Election Day Program furthers these goals and also seeks to ensure public confidence in the electoral process by providing local points of contact within the Department for the public to report possible federal election law violations.

Federal law protects against such crimes as threatening violence against election officials or staff, intimidating or bribing voters, buying and selling votes, impersonating voters, altering vote tallies, stuffing ballot boxes, and marking ballots for voters against their wishes or without their input.  It also contains special protections for the rights of voters, and provides that they can vote free from interference, including intimidation, and other acts designed to prevent or discourage people from voting or voting for the candidate of their choice.  The Voting Rights Act protects the right of voters to mark their own ballot or to be assisted by a person of their choice (where voters need assistance because of disability or inability to read or write in English).   

The right to vote is the cornerstone of American democracy.  We all must ensure that those who are entitled to that right can exercise it if they choose, and that those who seek to corrupt it are brought to justice.  In order to respond to complaints of voting rights concerns and election fraud during the upcoming election, and to ensure that such complaints are directed to the appropriate authorities, AUSA/DEO Boone will be on duty in this District while the polls are open. 

In addition, the FBI will have special agents available in each field office and resident agency throughout the country to receive allegations of election fraud and other election abuses on election day.  Any tips or other information regarding election fraud or abuses can be submitted through the FBI’s national tip line at 800-CALL-FBI or via www.tips.fbi.gov.  Additionally, the FBI Louisville Division office can be reached at 502-263-6000. 

Complaints about possible violations of the federal voting rights laws can be made directly to the Civil Rights Division in Washington, DC, by phone at 800-253-3931 or by complaint form at https://civilrights.justice.gov/.

United States Attorney Shier emphasized, “Ensuring free and fair elections depends in large part on the assistance of the American electorate.  It is important that those who have specific information about voting rights concerns or election fraud make that information available to the Department of Justice.”

Please note, however, in the case of a crime of violence or intimidation, please call 911 immediately and before contacting federal authorities.  State and local police have primary jurisdiction over polling places, and almost always have faster reaction capacity in an emergency.

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ASHLAND, Ky.— An Elliott County man, Ronald Stinespring, 51, was sentenced to 100 years in federal prison on Monday, by U.S. District Judge David Bunning, after pleading guilty to three counts of using a minor to engage in sexually explicit conduct, one count of possession of material containing sexually explicit images of minors, and one count of obstruction of justice.           

The investigation of this case began when a young girl knocked on a stranger’s door in Elliott County, Kentucky.  The minor was dirty and appeared malnourished.  She then revealed to law enforcement that she and two other females, had been repeatedly physically and sexually abused by Stinespring.  She also stated she had not left Stinesping’s property in over two years.  She then detailed some of the abuse she suffered there, including being made to sit on rocks for an extended period, being tied up with paracord, having water poured over her, and even being shocked with a stun gun – on the tops of her feet, in her armpits, and around her genitals.  

Law enforcement then executed a series of search warrants at Stinespring’s Elliott County property, which was located approximately a mile and a half deep into the woods in a remote part of the county.  As they approached the property, police encountered what they believed to be rudimentary roadblocks of logs and downed trees lying across the path.  The house was a makeshift cabin constructed of clapboard and surrounded by pigs and goats.  A search of the home revealed numerous electronic devices; it also revealed a fetal doppler, pregnancy tests, and birth control pills within the residence. 

Stinespring’s electronic devices contained sexually explicit pictures and videos of all three victims, at times when some or all were minors.  He admitted to producing these images and to possessing sexually explicit images of other minors that he obtained via the internet.

While incarcerated after his arrest, Stinespring authored a letter to one victim, attempting to coerce her into taking responsibility for the criminal conduct.  The letter was sent through a third party and was written in an elaborate code consisting of a complex series of numbers.  The code was ultimately broken, and the attempted obstruction of justice was discovered. 

Stinespring pleaded guilty to the charges in May 2022.

Under federal law, Stinespring 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.

“The victims in this case suffered unspeakable mental, physical, and sexual abuse,” said Carlton S. Shier, IV, United States Attorney for the Eastern District of Kentucky.  “Even in the context of child exploitation and abuse, the conduct was remarkable.  Three young people were extensively and callously abused, over the course of years.  While his conduct was truly appalling, fortunately, the sentence he must now serve is also noteworthy.  It is our hope that it will assist the victims in their recovery from the abuse, provide them with some measure of justice, and prevent him from ever endangering other young victims again.”

"Crimes against children can be some of the most heinous crimes the FBI investigates. Innocent families are forever impacted by the perpetrators' deplorable actions," said Special Agent in Charge Jodi Cohen for the FBI Louisville Field Office.  "Today's sentence is a reflection of how aggressively the FBI and our law enforcement partners will continue to pursue justice knowing children's lives are at stake."

U.S. Attorney Shier; Special Agent in Charge Cohen; and Col. Phillip Burnett, Commissioner of the Kentucky State Police, jointly announced the sentence.

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

This case was prosecuted as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice.  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.- The owner and chief financial officer of a former business in Perry County were both convicted on Thursday, by a federal jury in Lexington, of conspiracy to commit wire fraud, multiple counts of wire fraud, and conspiracy to commit money laundering.           

Following a six-day trial, the jury convicted 53-year-old Douglas William Vance of Richlands, Virginia, and 59-year-old Molly Irene McKinnon of Acworth, Georgia, of four counts of wire fraud, one count of conspiracy to commit wire fraud, and one count of money laundering.

According to evidence at trial, from August 2016 through December 2018, Vance and McKinnon used falsified bank statements, financial reports, purchase orders, sales and production figures, and other fabrications, to convince different investors that each owned a controlling stake in a company called “Nex-Gen.”  The company purported to produce “calcined coal” and other carbon-based products, in Chavies, Kentucky.  The false and fabricated documents also convinced two companies to lend money to Nex-Gen, and it concealed the fact that Vance and McKinnon were misappropriating both investor and lender funds.  The evidence presented at trial established that Vance and McKinnon worked together to defraud multiple investors and lenders out of more than $2 million.           

Vance and McKinnon were indicted in June 2020.

Carlton S. Shier, IV, United States Attorney for the Eastern District of Kentucky, and Jodi Cohen, Special Agent in Charge, FBI, Louisville Field Office, jointly announced the jury’s verdict.

The investigation was conducted by the FBI.  The United States was represented in the case by Assistant U.S. Attorneys Gregory Rosenburg and James Chapman.

Vance and McKinnon will appear for sentencing on February 3, 2023.  They face a maximum of 20 years in prison for each of the counts of conviction, plus any applicable restitution. However, the Court must consider the U.S. Sentencing Guidelines and the applicable federal sentencing statutes before imposing a sentence.

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PIKEVILLE, Ky. – Justin Bryant, 38, of Shelbiana, Ky., was convicted on Friday by a federal jury in Pikeville of distributing fentanyl and para-fluorofentanyl that caused the death a victim.  The jury also convicted Bryant of conspiring with others to distribute heroin, fentanyl, and para-fluorofentanyl.            

The jury convicted Bryant of the charges following a three-day trial and about three hours of deliberations.  

According to evidence at trial, on October 12, 2021, Bryant smuggled drugs into the Pike County Detention Center and distributed them.  The drugs contained fentanyl and para-fluorofentanyl, and it resulted in the death of another individual in the jail.   

Bryant was indicted on January 27, 2022.

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, announced the conviction.

Bryant will appear for sentencing on February 7, 2023, and he faces a of sentence of 20 years to life in prison. However, the Court must consider the U.S. Sentencing Guidelines and the applicable federal sentencing statutes before imposing a sentence.

The investigation was conducted by the DEA. The United States was represented in the case by Assistant U.S. Attorney Andrew H. Trimble. 

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LEXINGTON, Ky. — A Richmond, Ky., man, Bud Hembree, 49, was sentenced on Tuesday to 230 months in prison, by Chief U.S. District Judge Danny Reeves, for conspiracy to distribute 40 grams of more of fentanyl and possession with intent to distribute fentanyl.  

According to Hembree’s plea agreement, on December 14, 2020, law enforcement arrested Hembree and found approximately 17 grams of fentanyl on his person.  Law enforcement monitored Hembree’s jail calls while he was detained, revealing that he directed his other co-defendants to distribute fentanyl while he was in jail. 

Hembree pleaded guilty in May 2022.  Hembree’s co-defendants have previously been sentenced for their roles in the conspiracy and received the following sentences:      

• Leon H. Benson, 37, of Berea, Ky., received 105 months in prison, followed by six years of supervised release.
• Shanquenta V. Bulley, 27, from Berea, received 36 months in prison, followed by five years of supervised release.
• Claudia D. Gibson, 39, from Richmond, received 37 months in prison, followed by three years of supervised release.
• Justin M. Howell, 38, from Richmond, received 255 months in prison, followed by eight years of supervised release.
• Tiffany A. McCormick, 42, from Richmond, received 87 months in prison, followed by six years of supervised release.
• Joseph W. McElroy, 42, from Richmond, received 240 months in prison, followed by six years of supervised release.
• Misty D. Riddell, 30, from Berea, received 120 months in prison, followed by eight years of supervised release.  

Under federal law, Hembree and his co-defendants must serve 85 percent of their prison sentences.  Upon his release from prison, Hembree will be under the supervision of the U.S. Probation Office for six 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; Col. Phillip Burnett, Commissioner, Kentucky State Police; Chief James Ebert, Richmond Police Department; Chief Eric Scott, Berea Police Department; and Sheriff Mike Coyle, Madison County Sheriff’s Office; jointly announced the sentences.

The investigation was conducted by the DEA, KSP, Madison County High Intensity Drug Trafficking Area (HIDTA) Task Force, Richmond Police Department; Berea Police Department; and Madison County Sheriff’s Office. The United States was represented by Assistant U.S. Attorney David Kiebler.  

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LEXINGTON, Ky. – The Justice Department announced today the results of its efforts over the past year to protect older adults from fraud and exploitation.  During the past year, the Department and its law enforcement partners tackled matters that ranged from mass-marketing scams that impacted thousands of victims to bad actors scamming their neighbors.  Substantial efforts were also made over the last year to return money to fraud victims.  Today, the Department also announced it is expanding its Transnational Elder Fraud Strike Force to amplify efforts to combat scams originating overseas.

 “We are intensifying our efforts nationwide to protect older adults, including by more than tripling the number of U.S. Attorneys’ offices participating in our Transnational Elder Fraud Strike Force dedicated to disrupting, dismantling and prosecuting foreign-based fraud schemes that target American seniors,” said Attorney General Merrick B. Garland.  “This expansion builds on the Justice Department’s existing work to hold accountable those who steal funds from older adults, including by returning those funds to the victims where possible.”

“The targeting of elderly and vulnerable populations through fraud schemes is a significant threat and we simply must build on our efforts to combat this disgraceful conduct,” said Carlton S. Shier, IV, United States Attorney for the Eastern District of Kentucky.  “The expansion of Transnational Elder Fraud Task Force is another tool to help us work with our federal, state, and local law enforcement partners to prosecute those who shamelessly look to cheat seniors out of their money, security, and peace of mind.”

From September 2021 to September 2022, Department personnel and its law enforcement partners pursued approximately 260 cases of targeting elderly victims, involving more than 600 defendants, both bringing new cases and advancing those previously charged.

One example, from the Eastern District of Kentucky, was the extradition and conviction of Adedunmola Gbadegesin, 34, from Nigeria.  He was charged along with three others, Olatunbosun Oluwakayode Ajayi, 40, of Atlanta, Otunuya Ineh Eqwem Livingstone, 46, of Houston, and Ismaila Fafunmi, 36, of Indianapolis, with conspiracy to commit money laundering.  Gbadegesin and his co-conspirators collaborated to create fake online dating profiles, posted to online dating websites.  As part of the conspiracy, they engaged in online chats, emails, and telephone calls with unwitting victims, who were located in the United States, including one in Lexington.  The conspiracy employed others in the United States to receive money from the intended victims and transport that money back to Nigeria, through various means.

Additionally, with cooperation from local, state, and federal partners, the Eastern District of Kentucky has prioritized combatting elder financial exploitation.  An example of that cooperation among law enforcement is the Kentucky Elder Justice Task Force, which brings together the resources of federal, state, and local agencies involved in protecting the elderly.  For more information on the Kentucky Elder Justice Task Force, including how to report abuses, please visit:  https://www.justice.gov/usao-edky/elder-justice-task-force.

Nationwide, the Department highlighted three efforts:  expansion of the Transnational Elder Fraud Task Force, success in returning money to victims, and efforts to combat grandparent scams. 

The Department announced that, as part of its continuing efforts to protect older adults and bring perpetrators of fraud schemes to justice, it is expanding the Transnational Elder Fraud Strike Force, adding 14 new U.S. Attorney’s Offices.  Expansion of the Strike Force will help to coordinate the Department’s ongoing efforts to combat largest and most harmful fraud schemes that target or disproportionately impact older adults.

In the past year, the Department has also notified over 550,000 people that they may be eligible for remission payments.  Notifications were made to consumers whose information was sold by one of three data companies prosecuted by the Department and were later victims of “sweepstakes” or “astrology” solicitations that falsely promised prizes or individualized services in return for a fee.  More than 150,000 of those victims cashed checks totaling $52 million, and thousands more are eligible to receive checks.  Also notified were consumers who paid fraudsters perpetrating person-in-need scams and job scams via Western Union.  In the past year, the Department has identified and contacted over 300,000 consumers who may be eligible for remission.  Since March of 2020 more than 148,000 victims have received more than $366 million as a result of a 2017 criminal resolution with Western Union for the company’s willful failure to maintain an effective anti-money laundering program and its aiding and abetting of wire fraud.

Similarly, the Department pursued cases against the perpetrators of “grandparent scams,” otherwise known as “person-in-need scams.”  These scams typically begin when a fraudster, often based overseas, contacts an older adult and poses as either a grandchild, other family member or someone calling on behalf of a family member.  Call recipients are told that their family member is in jeopardy and is urgently in need of money.  When recently sentencing one of eight perpetrators of a grandparent scam indicted under the Racketeer Influenced and Corrupt Organizations Act, a federal judge described such scams “heartbreakingly evil.” The Department is working with government partners and others to raise awareness about these schemes.

Reporting from consumers about fraud and fraud attempts is critical to law enforcements efforts to investigate and prosecute schemes targeting older adults.  If you or someone you know is age 60 or older and has been a victim of financial fraud, help is available the National Elder Fraud Hotline:  1-833-FRAUD-11 (1-833-372-8311).  This Department of Justice Hotline, managed by the Office for Victims of Crime, is staffed by experienced professional who provide personalized support to callers by assessing the needs of the victim and identifying next steps.  Case managers will identify appropriate reporting agencies, provide information to callers to assist them in reporting or connect them with agencies, and provide resources and referrals on a case-by-case basis.  The hotline is staffed seven days a week from 6 a.m. to 11 p.m. ET.  English, Spanish, and other languages are available.  More information about the Department’s elder justice efforts can be found on the Department’s Elder Justice website, www.elderjustice.gov.

Some of the cases that comprise today’s announcement are charges, which are merely allegations, and the defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.

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LEXINGTON, Ky. – A Lexington woman, Jyoti Agrawal, 51, was sentenced to 42 months in federal prison on Friday, by Chief U.S. District Judge Danny C. Reeves, for conspiracy to commit wire fraud, wire fraud, and money laundering.

According to evidence at her trial, Agrawal was a co-owner of the company ScienceTomorrow, with Subhadarshi Nayak. In December 2013, Agrawal agreed with Nayak to electronically submit a proposal containing a fabricated letter of support from a key subcontractor, in order to increase their chances of receiving a Phase II SBIR grant from the U.S. Department of Energy (DOE), in the amount of $999,266, to research and develop a scanning electron microscope detector.  Agrawal knew the fake letter inflated the budget an out-of-state university had provisionally authorized in support of the project.

In 2014, the DOE awarded the Phase II grant to ScienceTomorrow, in part relying on this misrepresentation. Agrawal ultimately received more than a million dollars for the electron detector project from the DOE, and $500,000 from Kentucky’s state matching funds program, which depends on the lawful receipt of a federal grant award.

The evidence further showed that Agrawal had controlled the money and that Nayak left the project early on.  Ultimately, the out-of-state university did not work on the project, as proposed, and received no payments.    Bank records established Agrawal had personally accumulated over $440,000 of DOE grant funds during the two-year performance period.  Agrawal also spent an additional $146,000 of the DOE Phase II funds on an Executive MBA degree in Chicago, during this time, partially supporting her money laundering conviction.  Subsequently, Agrawal submitted false certifications to the DOE, stating all funds had been expended in accordance with the DOE’s terms and conditions; however, the evidence at trial revealed she hadunlawfully retained over $300,000 of the DOE funds she certified she had spent on the project.

A federal jury convicted Agrawal in April 2022.  Nayak was sentenced in December 2021.

“When grants are fraudulently obtained and their funding is misappropriated, it is more than just a theft of money,” said Carlton S. Shier, IV, United States Attorney for the Eastern District of Kentucky.  “The loss of taxpayer money is bad enough; but worthy applicants are also deprived of fair opportunities and the fundamental goals of the important programs are frustrated.  It causes real damage and, as this prosecution and sentence confirm, can have real consequences.”

“Protecting the integrity of the Small Business Innovation Research and other grant programs is a priority for the EPA Office of Inspector General,” said Environmental Protection Agency Inspector General Sean O’Donnell. “We take seriously our responsibility to identify and investigate attempts by grantees to defraud the federal government and taxpayers.”

“This sentencing demonstrates the ongoing commitment of the Department of Energy Office of Inspector General to protect the DOE from fraud, waste and abuse. False claims and other misrepresentations related to Department grants will not be tolerated, whether in the SBIR program or any other,” said Department of Energy Inspector General Teri L. Donaldson, “I would like to thank our investigators and forensic accountants as well as the EPA OIG and the U.S. Attorney’s Office for their excellent work on this joint investigation.”

As part of her sentencing, Agrawal was ordered to pay restitution in the amount of $1,048,255.00 to U.S. Department of Energy and $500,000.00 to the Kentucky Cabinet for Economic Development, Office of Entrepreneurship and Small Business Innovation (SBIR state matching funds program).

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

United States Attorney Shier; Inspector General O’Donnell; Inspector General Donaldson and Cynthia Bruce, Special Agent in Charge, Defense Criminal Investigative Service, U.S. Department of Defense, jointly announced the sentence.

The investigation was conducted by the EPA-OIG, DOE-OIG, and DOD DCIS.  The United States was represented by Assistant United States Attorney Tashena A. Fannin.

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COVINGTON, Ky. —An Independence, Ky., woman, Hachelle Alsip, 42, was sentenced on Wednesday to 28 months in federal prison, by U.S. District Judge David Bunning, for wire fraud.

According to Alsip’s plea agreement, in 2016, Victory Mortgage hired her as a loan funding representative to assist, in part, with distribution of funds with loans provided by the lending company to its borrowers.  In 2021, Alsip caused two wire transfers totaling $507,000 to be made from one of Victory Mortgage’s business checking accounts, into a personal bank account belonging to her and her husband.

Alsip pleaded guilty in June 2022.

Under federal law, Alsip 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; Jodi Cohen, Special Agent in Charge, FBI, Louisville Field Office; and Sheriff Michael Helmig, Boone County Sheriff’s Office, jointly announced the sentence.

The investigation was conducted by the FBI and the Boone County Sheriff’s Office.  The United States was represented by Assistant U.S. Attorney Kyle Winslow.

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LEXINGTON, Ky. — A Phoenix man, Rosario Diaz Barraza, 32, was sentenced to 35 years in federal prison, on Tuesday, by U.S. District Court Judge Karen Caldwell, after previously being convicted of conspiracy to commit kidnapping and interstate transportation of stolen automobiles.

According to evidence presented at trial, the charges stemmed from the kidnappings of two individuals, identified in court records as J.O. and M.A.T.O.  Both victims were killed during the commission of the kidnappings.  Their bodies were discovered in the trunk of a Volkswagen Jetta, on September 11, 2017, at 430 Blue Sky Parkway, in Lexington.  That location was an automotive repair business owned by J.O.  Two vehicles belonging to J.O. were stolen during the offenses and transported to Wilkes-Barre, Pennsylvania.  Evidence presented at trial revealed that Camacho Zepeda and Diaz Barraza were distributing kilogram quantities of cocaine and heroin in Lexington, and that J.O. had incurred a debt to them, based on his involvement in the drug trafficking.  Testimony by a pathologist from the Kentucky Medical Examiner’s Office established that J.O.’s cause of death was attributed to “chop wounds” to the head and asphyxiation.  The second victim, M.A.T.O., died from asphyxiation.

Diaz Barraza was convicted at trial, in April 2022.  Two additional defendants, Ramon Camacho Zepeda, 54, of Lexington, and John Carlos Betancourt, 27, of Penuelas, Puerto Rico, were also convicted for their roles in the kidnappings, in April 2022, and are awaiting sentencing.

Two other defendants, Jose Felix Tlatenchi, 39, of Wilkes-Barre, and Jean Michael Serrano-Jimenez, 31, of Hanover Township, Penn., previously entered guilty pleas relating to their involvement.  Serrano-Jimenez pled guilty as charged to conspiracy to commit kidnapping, while Tlatenchi pled guilty as an accessory after the fact to the kidnappings.  Both are also currently awaiting sentencing.

Under federal law, Diaz Barraza 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.

“This was a brutal crime, and yet another example of the disturbing impact that illegal drug trafficking can have on communities,” said Carlton S. Shier, IV, United States Attorney for the Eastern District of Kentucky.  “Bringing those responsible for this awful crime to justice involved tireless, dedicated, and remarkable work, by both our trial team and our law enforcement partners, across several states.  The conduct in this case more than warrants the sentence imposed and should serve as a warning to those who continue to engage in this dangerous trade.  We will continue to use all the resources available to us to combat it.”

“This case further illustrates how violence and drug trafficking go hand-in-hand,” said Special Agent in Charge Todd Scott, head of the Drug Enforcement Administration’s Louisville Division.  “The heinous and brutal nature of the killings in this particular instance are reflected in the lengthy prison sentence.”

United States Attorney Shier; DEA Special Agent Scott; Colonel Phillip Burnett, Commissioner, Kentucky State Police; and Chief Lawrence Weathers, Lexington Police Department, jointly announced the sentencing.

The lengthy investigation was conducted primarily by the Lexington Police Department, the Drug Enforcement Administration, and the Kentucky State Police.  Multiple additional law enforcement agencies also provided valuable assistance, including the Wilkes-Barre, Pennsylvania Police Department, the Reading, Pennsylvania Police Department, the Pennsylvania State Police, the New York City Police Department, the Harlingen, Texas Police Department and Homeland Security Investigations.  The United States was represented in the case by Assistant U.S. Attorneys Todd Bradbury and Francisco Villalobos.

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FRANKFORT, Ky. – The former County Attorney for Lawrence County, Michael T. Hogan, and his wife and legal secretary, Joy M. Hogan, 41, were sentenced to 42 months and 12 months and one day, respectively, on Tuesday, by U.S. District Judge Gregory Van Tatenhove, for wire fraud. Michael Hogan was also sentenced for federal program theft. 

According to the Hogans’ plea agreements, the Hogans conspired with each other to commit wire fraud by issuing checks from a second delinquent tax account for the Lawrence County Attorney’s Office, the statements for which went to their personal residence.  Michael Hogan and Joy Hogan would routinely prepare “bonus” checks issued to Joy, and signed by Michael, paid with delinquent tax funds that should have been used on operating expenses for the Lawrence County Attorney’s Office.  The Hogans deposited these checks in Joy’s personal account and the couple’s joint accounts and spent the funds on personal expenses.  Michael Hogan admitted he personally benefitted from these payments and knew some of these payments were not reasonable in amount, nor beneficial to the public.  According to the indictment, between March 8, 2013, and April 30, 2020, Michael Hogan paid Joy Hogan more than $365,000 from the Lawrence County Delinquent Tax Account.         

Michael Hogan also admitted to defrauding the Lawrence County Child Support Enforcement Office, part of the Kentucky Cabinet for Health and Family Services.  According to his plea agreement, Hogan billed the program for more hours than he actually worked.

“Michael Hogan turned to his own self-interests and used taxpayer money for his and his wife’s personal benefit,” said Carlton S. Shier, IV, United States Attorney for the Eastern District of Kentucky.  “As an elected County Attorney, he was responsible for upholding the law; instead, he brazenly broke it, at the expense of those who elected him.  His conduct will leave lasting damage, both from the theft and from the resulting loss of faith in government officials and law enforcement.  His prosecution and sentence are the first steps in the effort to restore that faith.”

“Public corruption erodes the people’s trust in our government officials and fuels divisiveness in our community.  We have been crystal clear that corruption, at any level, will not be tolerated in Kentucky, ” said Special Agent in Charge Jodi Cohen of the FBI’s Louisville Field Office.  “No one is above the law and the victim of this crime, the people of Kentucky, deserve better.  Today’s sentence demonstrates that the FBI, and its law enforcement partners, will hold those who violate the public’s trust accountable for their actions."

As part of his plea agreement, Michael Hogan agreed to resign as the Lawrence County Attorney.

The Hogans pleaded guilty in March 2022.

Under federal law, the Hogans must serve 85 percent of their prison sentence.  Upon their release from prison, both Michael and Joy Hogan will be under the supervision of the U.S. Probation Office for three years.

United States Attorney Shier; FBI Special Agent Cohen; and Col. Phillip Burnett, Commissioner, Kentucky State Police, jointly announced the guilty plea.

The investigation was conducted by the FBI and KSP.  The United States was represented by Assistant U.S. Attorneys Kate Smith and James Chapman.                                                                                

— END —

FRANFORT, Ky. — A Richmond, Ky., man, Scotty Dale Johnson, 51, was sentenced on Thursday, to 240 months in federal prison, by U.S. District Judge Gregory Van Tatenhove, for production of child pornography.

According to Johnson’s plea agreement, he created a Snapchat account, where he purported to be a teenage female.  Using that account, Johnson then friended teenage boys, some of who he knew in real life and some he met online and engaged in sexual chatting with the boys.  One victim, known by Johnson, was persuaded, induced, enticed, or coerced to send sexually explicit images of himself, via Snapchat, believing he was corresponding with a teenage female.  The victim became suspicious that the account was fraudulent and eventually reported it to law enforcement.

Law enforcement eventually obtained a warrant for the Snapchat account and discovered that Johnson was corresponding with over 1000 different individuals, including several minor males.  Johnson admitted that he attempted to, or did, persuade, entice, or coerce at least eight additional minor victims to produce sexually explicit images. 

Johnson pleaded guilty in March 2021.

“This disgraceful conduct involved both predatory deception and sexual exploitation of a minor,” said Carlton S. Shier, IV, United States Attorney for the Eastern District of Kentucky. “Sadly, this case serves as a stark reminder of the serious risks minors face when online. That means we must all be diligent in protecting them and demonstrating safe online activity. Due to the work of our enforcement partners, fortunately, this case can also serve as a warning to those who engage in this conduct: the consequences will likely be a significant prison sentence.”           

"This case demonstrates the grave dangers that children face online, where predators can pretend to be anyone in order to target the most vulnerable among us,” said Special Agent in Charge Jodi Cohen, FBI Louisville.  “With this sentencing, we have removed a dangerous child predator from our community, and a clear message has been sent that those who seek to exploit children will be held accountable.”

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 life.

United States Attorney Shier; Special Agent in Charge Cohen; Col. Phillip Burnett, Commissioner, Kentucky State Police; and Chief Joe Monroe, University of Kentucky Police Department, jointly announced the sentence. 

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

This case was prosecuted as part of Project Safe Childhood, a nationwide initiative to combat the epidemic of child sexual exploitation and abuse launched by the Department of Justice.  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-

ASHLAND, Ky. – A Catlettsburg, Ky., man, Jonathan Lee Smithers, 41, pleaded guilty on Wednesday, before U.S. District Judge David Bunning, to a federal kidnapping charge.           

According to Smithers’ plea agreement, on May 1, 2022, Smithers physically assaulted a victim with whom he was in a romantic relationship.  Then, under threat of force and using a firearm, Smithers made the victim accompany him to a store, where he brandished the weapon, assaulted her with the weapon, and confined her in the vehicle.  Smithers then drove her to the Flatwoods area.  After again confining her in the vehicle, Smithers stopped the vehicle and forced her to exit.  Thereafter, still armed, he forced her to accompany him on foot, requiring her to climb fences, trespass on private property, and traverse random routes around the area for several hours.  She was eventually able to escape and hide from Smithers and law enforcement found her collapsed at a gas station.  Smithers remained in the area on foot, was spotted coming out of the woods, and law enforcement responded.  Upon being approached by law enforcement, Smithers shot the responding officer in the throat. The officer survived life-threatening injuries.

Pursuant to the plea agreement, Smithers faces a sentence of life imprisonment.                                   

Carlton S. Shier, IV, United States Attorney for the Eastern District of Kentucky; Jodi Cohen, Special Agent in Charge, FBI, Louisville Field Office; Col. Phillip Burnett, Commissioner, Kentucky State Police; Chief Todd Kelley, Ashland Police Department; Chief David Smith, Flatwoods Police Department; and Sheriff Matt Smith, Greenup County Sheriff’s Office, jointly announced the guilty plea.

The investigation was conducted by the FBI, KSP, Ashland Police Department, Flatwoods Police Department, and the Greenup County Sherriff’s Office.  The United States was represented by Assistant U.S. Attorney Erin Roth.

— END —

FRANFORT, Ky. — A man residing in Frankfort, Kentucky, Marcus Tate, 39, was sentenced on Friday to 162 months in federal prison, by U.S. District Judge Gregory VanTatenhove, for the receipt of child pornography.

According to Tate’s plea agreement, on May 13, 2017, he knowingly received sexually explicit videos and/or images of minors, using a peer-to-per file sharing program. Tate admitted that he knowingly searched for and received these images, and he knew the content was produced using minors engaged in sexually explicit conduct.

Tate pleaded guilty in February 2022.

Under federal law, Tate 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; Jerry Templet, Special Agent in Charge, Department of Homeland Security - Homeland Security Investigations; and Col. Phillip Burnett, Commissioner, Kentucky State Police, jointly announced the sentence.

The investigation was conducted by the Department of Homeland Security - Homeland Security Investigations and KSP.  The United States was represented by Assistant U.S. Attorney Erin Roth.

This case was prosecuted as part of Project Safe Childhood, a nationwide initiative to combat the epidemic of child sexual exploitation and abuse launched by the Department of Justice.  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. —Christopher Wayne Livingood, 50, of Lexington, Ky., was sentenced on Friday to 360 months in federal prison, by Chief U.S. District Judge Danny Reeves, for production of child pornography.

According to Livingood’s plea agreement, he used the Kik social media application to communicate with another individual about sexual acts that he wanted to perform on a minor.  Livingood also admitted to sending sexually explicit images of the minor to the same individual.  In addition to the images he produced, he was also in possession of child sexual abuse material on various electronic devices.

Livingood pleaded guilty in May 2022.

Under federal law, Livingood 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, and Jodi Cohen, Special Agent in Charge, FBI, Louisville Field Office, jointly announced the sentence.

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

This case was prosecuted as part of Project Safe Childhood, a nationwide initiative to combat the epidemic of child sexual exploitation and abuse launched by the Department of Justice.  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-

A federal jury convicted a Kentucky man today for illegally prescribing controlled substances Oxycontin, Klonopin, Ambien, and Valium in violation of the Controlled Substances Act.  

According to court documents and evidence presented at trial, Dr. David Suetholz, 71, of Ludlow, unlawfully prescribed controlled substances to his patients outside the usual course of professional practice and not for a legitimate medical purpose. Some patients were prescribed high doses of medication and in dangerous combinations without justification. Suetholz also prescribed to patients without assessing their risks for addiction or their past history of substance abuse.

Suetholz was convicted of 12 counts of unlawful distribution of a controlled substance. He is scheduled to be sentenced on March 22, 2023, and faces a maximum penalty of 20 years in prison on each count. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

Assistant Attorney General Kenneth A. Polite, Jr. of the Justice Department’s Criminal Division; U.S. Attorney Carlton S. Shier, IV for the Eastern District of Kentucky; Assistant Director Luis Quesada of the FBI's Criminal Investigative Division; Administrator Anne Milgram of the Drug Enforcement Administration (DEA); Special Agent in Charge Tamala E. Miles of the Department of Health and Human Services Office of Inspector General (HHS-OIG); and Kentucky Attorney General Daniel Cameron made the announcement.

The FBI, DEA, HHS-OIG, and the Kentucky Medicaid Fraud Control Unit investigated the case.

Trial Attorneys Dermot Lynch and Maryam Adeyola of the Criminal Division’s Fraud Section are prosecuting the case.

LEXINGTON, Ky. — A Lexington man, Titus Mayhorn, 34, was sentenced on Wednesday to 250 months in prison, by U.S. District Judge Karen Caldwell, for possession with intent to distribute 40 grams or more of fentanyl and possession of firearms in furtherance of drug trafficking.

According to Mayhorn’s plea agreement, on July 11, 2021, law enforcement responded to a call of reckless driving, conducted a traffic stop, and found Mayhorn inside the vehicle with a firearm in the front passenger seat.  Mayhorn was found to be impaired and arrested for a DUI.  Law enforcement then conducted a search of the car and discovered 985 blue pills stamped with M 30, which were later confirmed to be fentanyl.  They also discovered a bag of marijuana, cash, and three firearms.

Mayhorn pleaded guilty in May 2022.

Under federal law, Mayhorn 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; Shawn Morrow, Special Agent in Charge, ATF, Louisville Field Division; and Mike Murray, Chief of the Versailles Police Department, jointly announced the sentence.

The investigation was conducted by the DEA, ATF, and Versailles Police Department.  The United States was represented by Assistant U.S. Attorney Emily Greenfield   

-END-

COVINGTON, Ky. - The former administrative manager for the City of Covington Public Works Department, Allison Donaldson, 49, of Covington, was indicted by a federal grand jury, on four counts of wire fraud and three counts of aggravated identity theft.

The indictment alleges that Donaldson was employed as an administrative manager for the Public Works Department, from 2005 until 2022, and had access to credit card information for the department.  The indictment further alleges that, starting in February 2020 and continuing until February 2022, Donaldson knowingly defrauded the City of Covington by using employee credit cards, making over $150,000 in purchases for herself and her home.  The purchases listed in the indictment include repairs for a Mercedes Benz, Crate & Barrel furniture, and designer counter stools.           

Carlton S. Shier, IV, United States Attorney for the Eastern District of Kentucky; Jodi Cohen, Special Agent in Charge, FBI, Louisville Field Office; Daniel Cameron, Kentucky Attorney General; and Spike Jones, Chief of the Kenton County Police Department, jointly announced the indictment.

The investigation preceding the indictments was conducted by the FBI, the Kentucky Attorney General’s Department of Criminal Investigation, and the Kenton County Police Department.  The case is being prosecuted by Assistant U.S. Attorney Kyle Winslow.

Donaldson will appear in Court on September 19, 2022, at 2 p.m.  She faces up to 20 years on each count of wire fraud; she faces up to two years, to run consecutively on each count of aggravated identity theft; and she faces judgments for restitution and forfeiture of the property attained through the fraud.  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. 

            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 —

LEXINGTON, Ky. — The United States Attorney’s Office announced on Thursday that Lifestyle Resumption Integrative Health ( “Lifestyle Resumption”), a chiropractic clinic located in Fort Mitchell, Ky., and its owner, Klaude Kocan, D.C., have agreed to pay $200,000 to resolve allegations that they violated the False Claims Act, by improperly billing Medicare for services involving electro-acupuncture devices.

According to the Settlement Agreement, between July 2016 and March 2018, Lifestyle Resumption billed Medicare for the implantation of neurostimulator devices – a surgical procedure during which devices are implanted into the central nervous system or targeted peripheral nerves.  The United States contends that these bills falsely represented the services provided, because Lifestyle Resumption did not actually perform surgical procedures.  Instead, Lifestyle Resumption’s nurse practitioner applied electro-acupuncture devices to patients’ ears by inserting a limited number of needles and using an adhesive.  Medicare does not pay for electro-acupuncture devices billed as implantable neurostimulators and did not reimburse for acupuncture at all during the relevant period.

The United States encourages anyone with information about the improper billing of electro-acupuncture devices (common brand names include P-Stim, Stivax, NeuroStim, ANSiStim, E-Pulse, and NSS-2 Bridge), or about other 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).  False Claims Act allegations can also be brought under the qui tam provision of the Act, which encourages whistleblowers to bring suit on behalf of the United States and potentially share in any financial recovery.

This matter was handled by the U.S. Attorney’s Office’s Affirmative Civil Enforcement section, including Assistant U.S. Attorneys Christine Corndorf and Meghan Stubblebine.

The settlement resolves claims alleged by the United States; there has been no determination of liability.

– END –

FRANKFORT, Ky. – A former Lieutenant Colonel of Kentucky State Police (KSP), Michael Crawford, 58, of Georgetown, Ky., was convicted on Tuesday by a federal jury of conspiracy to misappropriate weapons belonging to Kentucky State Police.   

According to evidence at trial, in 2016, Crawford conspired with John Goble, 68, the former coroner of Scott County, and KSP armorer, Mitch Harris, to unlawfully misappropriate 21 firearms belonging to Kentucky State Police, including 19 shotguns and 2 M1A rifles.  Crawford’s co-defendant, John Goble, previously pleaded guilty to a related conspiracy between the same individuals to misappropriate 187 cases of KSP ammunition, valued at approximately $40,000, which was stored in the basement of Goble’s office.

Crawford and Goble were indicted federally in March 2021.

Carlton S. Shier, IV, United States Attorney for the Eastern District of Kentucky; Jodi Cohen, Special Agent in Charge, FBI, Louisville Field Office; and Col. Phillip Burnett, Commissioner, Kentucky State Police, jointly announced the conviction.

The investigation was conducted by the FBI and KSP.  The United States was represented by Assistant U.S. Attorneys Ken Taylor and Kate Smith.

Crawford is scheduled to be sentenced on December 13, 2022.  He faces up five years in prison and a maximum of a $250,000 fine.  However, any sentence will be imposed by the Court, after its consideration of the U.S. Sentencing Guidelines and the federal sentencing statutes. 

— END —

COVINGTON, Ky.— Two Cincinnati men, Taravon Geer, 28, and Keith Upshaw, 26, were sentenced to federal prison Tuesday, by U.S. District Judge David Bunning, after previously pleading guilty to their roles in a conspiracy to distribute fentanyl.  Geer was sentenced to 216 months in prison and Upshaw was sentenced to 60 months in prison.  A third member of the conspiracy, Radaja Ford, was sentenced to 228 months in prison.   

According to court documents, the Geer and Upshaw conspired with Ford to distribute a large amount of fentanyl, by selling a combination of fentanyl and heroin on multiple occasions.  Law enforcement made sixteen controlled drug buys from the group, in June and July of 2020.  They arranged each transaction by calling a common cellular number and arranging the transaction with either Ford or Geer.  At his arrest, Geer was found in possession of 16.251 grams of fentanyl, more than $3,500, digital scales, baggies, and two cellular phones.  At his arrest, Ford was found in possession of more than $4,000 in cash, twenty oxycodone tablets, and three cellular phones.  At his arrest, Upshaw was found in possession of a loaded Glock 19 handgun, a digital scale, and 3.955 grams of a mixture containing fentanyl, methamphetamine, and a fentanyl analogue.  Upshaw admitted to his involvement in distributing over 40 grams of fentanyl and Geer admitted to participating in the distribution of over 400 grams of fentanyl.  Geer has prior convictions for drug trafficking, residential burglary, and burglary while in possession of a firearm and was on parole at the time of these offenses.      

Under federal law, each Defendant must serve 85 percent of their prison sentence.  Upon release from prison, Geer and Upshaw 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; Jodi Cohen, Special Agent in Charge, Federal Bureau of Investigation, Louisville Field Division; and Rob Nader, Covington Police Chief, jointly announced the sentences.

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

-END-

LONDON, Ky. - Two current Kentucky State Police Troopers and a former Trooper have been indicted for using excessive force on an arrestee, conspiring to cover up that excessive force, and illegally entering a home.

A federal grand jury sitting in London returned a superseding indictment charging Kentucky State Trooper Jeremy Elliotte, 28, and former Trooper Derrek Lovett, 30, with willfully depriving an arrestee of the right to be free from unreasonable force.  Elliotte was also charged with willfully depriving three others of their right to be free from unreasonable searches.  Michael L. Howell, 32, also a Kentucky State Trooper, was the third defendant named in the superseding indictment.  He had previously been indicted in June 2022, for conspiracy and obstruction charges.  The superseding indictment now charges all three with a conspiracy and with engaging in obstructive conduct with the intent to prevent communication of information to federal law enforcement relating to the possible commission of a federal offense.           

The indictment alleges that Elliotte and Lovett, aiding and abetting one another and acting under color of law, assaulted a victim without legitimate law enforcement justification and that this assault resulted in bodily injury.  The indictment further alleges that Howell, along with Elliotte and Lovett, conspired to conceal the true nature of the force Elliotte and Lovett used against the arrestee and the circumstances under which they used it. According to the indictment, the three defendants developed a cover story about what happened.  While hoping the assault had not been recorded, the conspirators agreed upon a version that was as close as possible to what a recording would show, in case the assault had been recorded.  The indictment also alleges that, on the night of the assault, Elliotte unlawfully entered a home without a warrant or other legal justification, depriving three victims living there of their right to be free from unreasonable searches.             

Carlton S. Shier, IV, United States Attorney for the Eastern District of Kentucky, and Jodi Cohen, Special Agent in Charge, FBI, Louisville Field Office, announced the indictments.

The investigation preceding the indictments was conducted by the FBI.  The indictment was presented to the grand jury by Assistant U.S. Attorneys Zachary Dembo and Emily Greenfield.

A date for Elliotte, Howell and Lovett to appear in court has not yet been set.  Each faces up to 20 years in prison for the conspiracy and obstruction charges; Elliotte and Lovett face up to 10 years for the deprivation of rights charge related to the assault; and Elliotte faces up one year for the deprivation of rights charge related to the unlawful entry.  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. 

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—

ASHLAND, Ky.— Two men, Ricardo Rothwell, 42, and Aaron McWhorter, 29, both from Ashland, were respectively sentenced to 72 months and 137 months in federal prison on Monday, by U.S. District Judge David Bunning, for various methamphetamine trafficking and firearm charges.

Rothwell was sentenced after pleading guilty to possession with intent to distribute 50 grams of methamphetamine.  According to his plea agreement, on July 10, 2021, Rothwell was stopped by law enforcement at a traffic stop, where they found him in possession of 96.8 grams of methamphetamine, 11.35 grams of fentanyl, .97 grams of cocaine, and 2.2 grams of marijuana.     

McWhorter was sentenced after pleading guilty to being a felon in possession of a firearm and possession of a firearm in furtherance of drug trafficking.  According to his plea agreement, on July 5, 2021, law enforcement was dispatched on reports of a man passed out in a vehicle, later identified as McWhorter.  Law enforcement found him in possession of a firearm. McWhorter admitted that he knew that he was previously convicted in Carter County Circuit Court for felony possession of a controlled substance and was prohibited from possessing a firearm.  McWhorter was also in possession distribution quantities of narcotics.

Rothwell and McWhorter both pleaded guilty in May 2022.

Under federal law, Rothwell and McWhorter must serve 85 percent of their prison sentences. Upon their release from prison, they 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; Jodi Cohen, Special Agent in Charge, FBI, Louisville Field Office, J. Todd Scott, Special Agent in Charge, DEA, Louisville Field Division; Chief Todd Kelley, Ashland Police Department; and Sheriff Bobby Woods, Boyd County Sheriff’s Office, jointly announced the sentences.

The investigation was conducted by the DEA, FBI, Ashland Police Department, and Boyd County Sheriff’s Office.  The United States was represented by Assistant U.S. Attorney Emily Greenfield.

– END –

LEXINGTON, Ky. –The U.S. Attorney’s Office for the Eastern District of Kentucky is announcing some recent enforcement efforts under the Americans with Disabilities Act (the “ADA”).  The ADA, which was signed into law on July 26, 1990 and recently passed its 32nd anniversary, is the nation’s foremost civil rights law for providing equal access and opportunity for people with disabilities.  U.S. Attorneys’ Offices, who are tasked with enforcing the ADA in their jurisdictions, play a critical role in ensuring the goals of the ADA.

The ADA requires “places of public accommodation,” like restaurants and retail establishments, to provide individuals with disabilities equal access to facilities, both by removing physical barriers and by modifying policies or practices to permit appropriate access to people with disabilities.

The U.S. Attorney’s Office has recently resolved several matters involving businesses that are “places of public accommodation” under the ADA, including the following: 

• Issuing a letter of resolution to Camporosso Wood Fired Pizzeria, in Fort Mitchell, Ky., where Camporosso agreed to remove obstructions to the restaurant’s accessible parking spaces caused by an expanded outdoor dining area installed in response to the COVID-19 pandemic. Camporosso also agreed to install signage at the designated accessible spaces, as required by the ADA.
• Entering into a settlement agreement with Burt 145, LLC, the owner of a building on 145 Burt Road in Lexington, Ky. that houses more than a dozen places of public accommodation, in which the company agreed to remove physical barriers at all the unit entrances and properly mark accessible parking spaces in its parking lot. The U.S. Attorney’s Office opened this matter after receiving a complaint from an individual who uses a wheelchair, who could not enter a business in the building without assistance because of a step at the store entrance.
• Entering into a settlement agreement with DZ Properties, LLC, the owner of a building that houses Jim’s Fine Wine & Spirits and a dentistry practice in Fort Mitchell, Ky., resolving a complaint regarding a lack of accessible parking.
• Issuing a letter of resolution to Lexington-based Magee’s Baking Company, resolving a complaint by an individual with disabilities who alleged that bakery staff attempted to exclude her from the restaurant after she could not provide documentation for her service animal, which is not required under the ADA. As part of the resolution, Magee’s agreed to adopt and maintain a Service Animal Policy, train its staff members on the ADA’s service animal requirements, and post signage permitting service animals.

Each of these referenced matters were handled by Assistant U.S. Attorney Carrie Pond.  The U.S. Attorney’s Office will continue to work with businesses and the community in its efforts to ensure that individuals with disabilities have equal access to places of public accommodation under the ADA. Additional information about the ADA is available at www.ada.gov.  To report potential civil rights violations, including potential violations of the ADA, contact the Department’s Civil Rights Division at civilrights.justice.gov, or contact the U.S. Attorney’s Office directly, at usakye-civilrights@usdoj.gov.  

– END –

LONDON, Ky. – A Nashville man was convicted on Thursday, by a federal jury sitting in London, of possession with intent to distribute methamphetamine, possession of a firearm in furtherance of drug trafficking, and possession of a firearm by a convicted felon.

The jury convicted Marlon Johnson following a three-day trial and about two hours of deliberations.           

According to evidence at trial, on November 18, 2019, Johnson led law enforcement officers with the Knox County Sheriff’s Department on a high-speed chase, through residential streets in Corbin, before crashing into a gate and parked car.  Johnson then fled on foot, into a cemetery, where he was ultimately apprehended.  During a search of his vehicle, law enforcement located more than a kilogram of methamphetamine and a loaded firearm. 

Marlon Johnson was indicted on December 20, 2018, following an investigation by the DEA, Knox County Sheriff’s Department, and Operation UNITE. 

Johnson will appear for sentencing on November 29, 2022.  He faces from 15 years to life in federal prison.  However, the Court must consider the U.S. Sentencing Guidelines and the applicable federal sentencing statutes before imposing its 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; and Sheriff Mike Smith of the Knox County Sheriff’s Department made the announcement.  The United States was represented in the case by Assistant U.S. Attorney Andrew H. Trimble. 

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 Harlan, Ky., man, David Christopher Lewis, 49, was sentenced to 33 months in federal prison on Thursday, by U.S. District Judge Robert E. Wier, after pleading guilty to wire fraud, for obtaining Paycheck Protection Program loans under false pretenses.          

According to his plea agreement, in May 2020, Lewis submitted two fraudulent applications for Paycheck Protection Program (PPP) loans on behalf of Bubba Fest, LLC and Elite Artists Agency, LLC.  Both businesses related to a “comic con”-style event called Bubba Fest that Lewis had organized in prior years.  The Paycheck Protection Program was created as part of the CARES Act, a law passed in March 2020 in response to the COVID-19 pandemic.  Paycheck Protection Program loans were designed to provide an incentive for small businesses to keep workers on their payroll during the pandemic; these loans would be forgiven by the United States Small Business Administration, if the borrower established that loan proceeds were used for payroll, rent, or other approved business expenses.  The amount of the loan was dependent on the business’s payroll.

As part of his fraudulent PPP loan applications, Lewis provided the bank, First State Bank of the Southeast, with fake tax documents and payroll records misrepresenting the businesses’ number of employees and payroll expenses.  As a result, he obtained fraudulent a PPP loan for each business totaling $370,000.  Evidence admitted at Lewis’s sentencing hearing established that between May 26 and August 28, 2020, Lewis paid himself or his wife more than $100,000 of the PPP loan money.  In his plea agreement, Lewis also admitted to obstructing the FBI’s investigation of his crime by providing a sworn affidavit that lied about the existence and whereabouts of the businesses’ employment and payroll records.

Under federal law, Lewis must serve at least 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.  In addition to the term of imprisonment, Lewis was ordered to pay $370,000 in restitution to First State Bank of the Southeast.

Carlton S. Shier, IV, United States Attorney for the Eastern District of Kentucky, and Jodi Cohen, Special Agent in Charge, Federal Bureau of Investigation, Louisville Field Office jointly announced the sentence.  The investigation was conducted by the FBI.  The United States was represented by Assistant U.S. Attorney Paul McCaffrey.

On May 17, 2021, the Attorney General established the COVID-19 Fraud Enforcement Task Force to marshal the resources of the Department of Justice in partnership with agencies across government to enhance efforts to combat and prevent pandemic-related fraud. The Task Force bolsters efforts to investigate and prosecute the most culpable domestic and international criminal actors and assists agencies tasked with administering relief programs to prevent fraud by, among other methods, augmenting and incorporating existing coordination mechanisms, identifying resources and techniques to uncover fraudulent actors and their schemes, and sharing and harnessing information and insights gained from prior enforcement efforts. For more information on the Department’s response to the pandemic, please visit https://www.justice.gov/coronavirus

Anyone with information about allegations of attempted fraud involving COVID-19 can report it by calling the Department of Justice’s National Center for Disaster Fraud (NCDF) Hotline at 866-720-5721 or via the NCDF Web Complaint Form at: https://www.justice.gov/disaster-fraud/ncdf-disaster-complaint-form.

— END —

LONDON, Ky. - A Flint, Michigan, man was found guilty Monday, by a federal jury sitting in London, of armed drug trafficking and attempted robbery.

After two hours of deliberation, following a five-day trial, the jury convicted 39-year-old Charles Ray Edwards of heroin trafficking, fentanyl trafficking, conspiracy to distribute both substances, felon in possession of a firearm, use of a firearm in furtherance of the drug trafficking, and for his role in an attempted Hobbs Act robbery at a convenience store.  His trafficking and robbery offenses involved three shooting victims, including the death of a bystander in the convenience store.

According to testimony at trial, Edwards was dealing heroin and fentanyl in Southeastern Kentucky region.  As part of his drug trafficking crimes, Edwards wounded two individuals in a shooting incident in Knox County.  Then, during the attempted robbery, a bystander in the store was shot and killed.  Edwards has a prior felony conviction, and was prohibited from possessing firearms

Edwards was indicted in February 2021.

“After hearing the evidence, the jury was convinced that the defendant was an armed and violent offender, who was involved in three shootings – and the death of a bystander in a store,” said Carlton S. Shier, IV, United States Attorney for the Eastern District of Kentucky.  “We are hopeful that this verdict will provide some sense of justice to the victims; we are grateful for the critical support of our law enforcement partners, without whom this verdict would not have been possible; and we are pleased that the defendant will now face the consequences of his conduct.”

“The combined efforts of Kentucky State Police and ATF have helped bring a very dangerous individual to justice,” said ATF Special Agent in Charge Shawn Morrow of the Louisville Division. “ATF will continue to seek justice for the victims of these violent acts and work to make our communities safer.”

United States Attorney Shier; ATF SAC Morrow; and Colonel Phillip Burnett Jr., Commissioner, Kentucky State Police, jointly announced the guilty verdict.

The investigation was conducted by the ATF and KSP.  The United States was represented in the case by Assistant U.S. Attorney Jason Parman.   

Edwards will appear for sentencing on November 17, 2022.  He faces a maximum of 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 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.  The PSN program 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 Nicholasville, Ky., man, Demetrius Burt Catching, 32, was sentenced to 93 months in federal prison on Monday, by Chief U.S. District Judge Danny C. Reeves, after pleading guilty to the distribution of marijuana and money laundering.           

According to Catching’s plea agreement, he admitted to distributing marijuana in the Lexington area, and then taking the proceeds from the marijuana sales and placing large sports bets and wagers at various Indiana casinos. According to the plea, Catching was banned from one of the casinos, on January 9, 2021, so he recruited others to go in his place to make his wagers and bets.  Cash from the wagers was deposited in bank accounts in Catching’s name.  Catching was also ordered to forfeit approximately $215,000 in proceeds from his drug trafficking and money laundering offenses, and ordered to serve an additional, consecutive term of 55 months, for supervised release violations on previous convictions.

Catching pleaded guilty to the new charges in March 2021.

Under federal law, Catching 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; Bryant Jackson, Special Agent in Charge, IRS – Criminal Investigations; J. Todd Scott, Special Agent in Charge, DEA, Louisville Field Division; and Chief Todd Justice, Nicholasville Police Department, jointly announced the sentence.

The investigation was conducted by the IRS – Criminal Investigations, DEA, U.S. Probation Office, the Indiana Gaming Commission, and the Nicholasville Police Department.  The United States was represented by Assistant U.S. Attorneys Roger West and Andrea Mattingly Williams.

– END –

LEXINGTON, Ky. — Two men, in separate cases, were sentenced on Monday, by Chief U.S. District Judge Danny C. Reeves, for their roles in two conspiracies to distribute considerable amounts of crystal methamphetamine.           

William R. Hargis, 24, of Danville, Ky., was sentenced to a total of 420 months in federal prison.  Hargis previously pled guilty to conspiracy to distribute and possession with intent to distribute 52.5 pounds of crystal meth, possession of firearms in furtherance of drug trafficking, and conspiracy to commit money laundering.

According to Hargis’ plea agreement, in May 2021, law enforcement was conducting a narcotics investigation regarding a group of individuals engaged in distributing crystal methamphetamine in Lexington.  Law enforcement conducted a traffic stop where they found Hargis in possession of methamphetamine, cocaine, marijuana, a digital scale, plastic bags, and cash.  Upon further investigation, it was determined that Hargis was a drug supplier and was storing, packaging, and cutting narcotics in a Lexington office building.  In that office, law enforcement found more than 50 pounds of methamphetamine, four firearms, cocaine, and additional drug trafficking items.

Furthermore, Hargis also admitted to travelling from the Kentucky to Southern Indiana casinos to engage in financial transactions, by placing monetary bets to conceal the source of the bets, which was in whole or part proceeds from the drug trafficking.

In a second case, Deangelo Devon Grant, 36, of Los Angeles, was sentenced to 264 months in federal prison, after previously pleading guilty to conspiracy to distribute and possession with intent to distribute crystal methamphetamine.

According to Grant’s plea agreement, on August 16, 2021, Grant received a package that had been shipped from California to Lexington, which contained approximately 48 pounds of crystal methamphetamine for distribution.  Grant admitting flying from California to receive the package, in Lexington.  Grant’s vehicle was stopped by law enforcement, where they discovered the methamphetamine.

Grant had previous convictions for robbery in the second degree, in California (2004), and possession with intent to distribute cocaine in the Western District of Kentucky (2016).

Both Hargis and Grant pleaded guilty in April 2022.

Under federal law, Hargis and Grant must serve 85 percent of their prison sentences.  Upon their release from prison, Hargis will be under the supervision of the U.S. Probation Office for five years and Grant will be under supervision for 10 years.

“As these two cases illustrate, the amount and purity of the methamphetamine we are seeing in Eastern Kentucky is remarkable,” said Carlton S. Shier, IV, United States Attorney for the Eastern District of Kentucky.  “Illegal methamphetamine trafficking has an immense impact on our communities, and often brings guns, violence, and other crime.  We remain committed to prosecuting those who engage in this grave conduct, and we hope that sentences like these will serve as a warning to those who continue to engage in it.”

“Anyone who poisons our communities through the sale of illicit drugs must be stopped and brought to justice,” said J. Todd Scott, special agent in charge of the Drug Enforcement Administration’s Louisville Division.  “I’m very proud of the work done by the men and women of DEA and our law enforcement counterparts in both of these cases.”

United States Attorney Shier; DEA SAC Scott; Colonel Phillip Burnett Jr. Commissioner, Kentucky State Police; and Chief Lawrence Weathers, Lexington Police Department, jointly announced the sentences.

The investigations were conducted by the DEA, KSP, and Lexington Police Department. The United States was represented by Assistant U.S. Attorney Roger West.

– END –

FRANKFORT, Ky.— A Louisville man, Antwan Lovelace, 27, was sentenced to 60 months in federal prison last Wednesday, by U.S. District Judge Gregory Van Tatenhove, following his conviction for possession of stolen mail.

According to the evidence at his trial, in late December 2020, in an apartment in Frankfort, Lovelace was in possession of over $400,000 worth of stolen mail.  The stolen mail included checks, money orders, gift cards, and greeting cards; various ID documents; bank cards; acetone containers; and other chemicals commonly used to wash checks.  Investigators contacted the senders of the checks and discovered they had mailed the checks from various post office locations in and around Louisville.

A jury convicted Lovelace in January 2022.  Lovelace’s co-defendant, Joiya Smith, pleaded guilty and was sentenced to 18 months in federal prison.

Under federal law, Lovelace 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.

“In some form or fashion, every one of us relies on the postal system to communicate, exchange articles, or transact business,” said Carlton S. Shier, IV, United States Attorney for the Eastern District of Kentucky.  “That means the integrity of the postal system is critically important to us all.  In conjunction with our partners, we will continue to investigate and prosecute those who criminally exploit the postal system.  And this case should serve as a warning of the potential consequences that face those who do.”

“The results of this investigation serve as a great example of the coordination between the US Postal Inspection Service and our federal, state, and local law enforcement partners to preserve the safety, security, and integrity of the nation’s mail system from criminal activity,” said Lesley C. Allison, U.S. Postal Inspector in Charge of the Pittsburgh Division. “As the nation’s oldest federal law enforcement agency, the Postal Inspection Service has a long, proud, and successful history of fighting criminals who misuse our nation’s postal system.”

United States Attorney Shier and Inspector Allison, jointly announced the sentence.

The investigation was conducted by the USPIS, with assistance from the U.S. Secret Service, Louisville Metro Police Department, and Franklin County Sheriff’s Office.  The United States was represented by Special Assistant U.S. Attorney James Chapman.

– END –

COVINGTON, Ky.— A Morrow, Ohio man, Steven Richard Stiles, Jr., 34, was sentenced to 364 months in federal prison on Tuesday, by U.S. District Judge David Bunning, after pleading guilty to using a minor to engage in sexually explicit conduct to produce child pornography.

According to Stiles’ plea agreement, from June 18, 2021 to December 16, 2021, he communicated with five minor victims via Snapchat, persuaded them to produce visual depictions of themselves engaged in sexually explicit conduct, and convinced them to send him the depictions through Snapchat.  Stiles admitted that he knew that the visual depictions were of minors engaged in sexually explicit conduct.

Stiles pleaded guilty to the charge in April 2022.

Under federal law, Stiles 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; Jerry Templet, Special Agent in Charge of Homeland Security Investigations (HSI); and Chief Kyle Rader, Erlanger Police Department, jointly announced the sentence.

The investigation was conducted by the DHS-HSI and Erlanger Police Department. The United States was represented by Assistant U.S. Attorneys Andrew Spievack and Amanda Harris Huang.

This case was prosecuted as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice.  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 –

COVINGTON, Ky.— A Fairfield, Ohio man, Shakir Aswad Little, 30, was sentenced to 168 months in federal prison on Tuesday, by U.S. District Judge David Bunning, after pleading guilty to transporting visual depictions of a minor engaged in sexually explicit conduct.

According to Little’s guilty plea, on July 27, 2021, law enforcement found Little in possession of approximately 335 videos and images of child pornography on his phone, which he had transported from Ohio to Kentucky.  Little admitted that he knowingly transported these videos and images and knew that they contained minors engaging in sexually explicit conduct.

Little pleaded guilty to the charge in April 2022.

Under federal law, Little 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 eight years.

Carlton S. Shier, IV, United States Attorney for the Eastern District of Kentucky; Jerry Templet, Special Agent in Charge of Homeland Security Investigations (HSI); and Sheriff Michael Helmig, Boone County Sheriff’s Office, jointly announced the sentence.

The investigation was conducted by the DHS-HSI and Boone County Sheriff’s Office. The United States was represented by Assistant U.S. Attorney Kyle Winslow.

This case was prosecuted as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice.  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 –

COVINGTON, Ky. – A Bellevue, Ky., man, Perrin George March V, 27, pleaded guilty on Tuesday, before U.S. District Judge David Bunning, to illegal possession of a firearm.

According to March’s plea agreement, law enforcement executed a federal search warrant at his residence and found a fully loaded AK-47 pistol, ammunition, and large capacity magazines.  March admitted that he knew he was currently subject to a domestic violence order and was prohibited from possessing a firearm or ammunition.                          

March was indicted in May 2022.

Carlton S. Shier, IV, United States Attorney for the Eastern District of Kentucky; and Jodi Cohen, Special Agent in Charge, Louisville Field Office, jointly announced the guilty plea.

The investigation was conducted by the FBI.  The United States was represented by Assistant U.S. Attorney Emily Greenfield.

March is scheduled to be sentenced on November 8, 2022. He faces a maximum of 10 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. 

— END —

PIKEVILLE, Ky. – An Auburn, Indiana woman, Tiffany Miller, 38, was sentenced yesterday to 240 months in federal prison, by U.S. District Judge Robert Wier, for possession of a stolen firearm and possession of a firearm by a convicted felon.           

According to her plea agreement, in the early morning hours of July 10, 2021, in Knott County, Miller stole a firearm from Timothy Cornett and then a truck from Winford Cornett.  Thereafter, Trooper Bradley Couch, of KSP Post 13 in Hazard, responded to the thefts and ultimately engaged in a vehicle pursuit of Miller.  Miller refused to exit the vehicle and ultimately shot Trooper Couch in the shoulder, with the stolen firearm.  Miller also fired a shot at Trooper Jacobs, also of KSP Post 13 in Hazard, who had responded to the scene.  It took several additional KSP officials to ultimately place Miller in custody.  At the time of these incidents, Miller was under the influence of methamphetamine and was a fugitive, with multiple pending arrest warrants from Indiana.  Miller also had multiple prior felony convictions, which included violence and resisting arrest. 

Miller pleaded guilty in March 2022.

Under federal law, Miller must serve 85 percent of her prison sentence and will be under the supervision of the U.S. Probation Office for three years after her release. 

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

The investigation was conducted by the ATF and KSP.  The United States was represented by Assistant U.S. Attorney Drew Trimble.

This case 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. The PSN program 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 —

COVINGTON, Ky. – An Alexandria, Ky., man, Rodger William Moore, 54, was sentenced on Thursday to 120 months in federal prison, by Chief U.S. District Judge Danny C. Reeves, for transporting child pornography.           

According to his plea agreement, in May of 2019, the Defendant flew from the Cincinnati/Northern Kentucky Airport to Fayetteville, Arkansas.  When he got off the plane, he left his cell phone behind.  Airline staff found it, turned it in to lost-and-found, and later accessed it to try to identify the owner.  When they did, they observed what appeared to be child pornography and contacted law enforcement.  A forensic review of the phone revealed approximately 171 videos and images of child pornography.  Then, on a subsequent occasion, Northern Kentucky law enforcement discovered child pornography in his car and on various computers and storage devices in his residence.

Moore pleaded guilty in September 2021.

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

Carlton S. Shier, IV, United States Attorney for the Eastern District of Kentucky; Jerry Templet, Special Agent in Charge of Homeland Security Investigations (HSI); Chief Casey Kilgore, Ft. Thomas Police Department; and Chief Mike Ward, Alexandria Police Department, jointly announced the sentence.

The investigation was conducted by the DHS-HSI, Ft. Thomas Police Department, and Alexandria Police Department.  The United States was represented by Assistant U.S. Attorney Elaine Leonhard.

This case was prosecuted as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice.  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.— An Irvine, Ky., man, Brian Keith Crim, 38, was sentenced to 360 months (or 30 years) in federal prison on Wednesday, by Chief U.S. District Judge Danny Reeves, after pleading guilty to production of child pornography. 

Brandy Laraye Crim, 36, Brian Crim’s wife and co-defendant, was originally scheduled to also be sentenced on Wednesday, but her sentencing was continued to a later date.

According to the Crims’ guilty plea agreements, on September 17, 2020, law enforcement received a tip from the National Center for Missing and Exploited Children regarding a report of child pornography being uploaded to Google on various dates.  Law enforcement investigated the report and both defendants were arrested.  Both defendants’ phones and two gmail accounts were examined.  These examinations revealed explicit videos of the defendants sexually exploiting a minor victim.

The Crims pleaded guilty to the charges in March 2022.

Under federal law, Crim must serve 85 percent of their 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; Jerry Templet, Special Agent in Charge of Homeland Security Investigations (HSI); and Colonel Phillip Burnett, Jr., Commissioner, Kentucky State Police, jointly announced the sentences.

 The investigation was conducted by the HSI and KSP.  The United States was represented by Assistant U.S. Attorney David Marye.

This case was prosecuted as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice.  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 –

ASHLAND, Ky. – A Morehead, Ky., man, and former Eastern Kentucky Correctional Center (EKCC) officer, Derek A. Mays, 32, pleaded guilty to an information on Monday, before U.S. District Judge David Bunning, admitting to four counts of obstruction of justice.              

According to his plea agreement, Mays admitted that on July 24, 2018, he witnessed three EKCC correctional officers assaulting an inmate, and then he falsified records that covered up that assault.  Specifically, Mays wrote and signed an Occurrence Report that was intending to cover up the assault, saying that the inmate had been uncompliant, which was false. Mays also admitted to later lying to his supervisor, a KSP detective, and a Kentucky Justice and Public Safety Cabinet investigator, on three separate occasions, about the assault.                       

Mays was indicted in July 2022.

Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division; U.S. Attorney Carlton S. Shier IV for the Eastern District of Kentucky; Special Agent in Charge Jodi Cohen of the FBI Louisville Field Office; and Colonel Phillip Burnett Jr. Commissioner, KSP, jointly announced the guilty plea.

The investigation was conducted by FBI, KSP, and the Kentucky Justice and Public Safety Cabinet.  The United States was represented by Assistant U.S. Attorneys Zach Dembo and Mary Melton.

Mays is scheduled to be sentenced on March 13, 2023. He faces a maximum of 20 years in prison for each charge.  However, any sentence will be imposed by the Court, after its consideration of the U.S. Sentencing Guidelines and the federal sentencing statutes. 

— END —

LEXINGTON, Ky. – A Versailles, Ky., man, Randall “Rocky” Blankenship, Jr., 49, was sentenced to 42 months in federal prison on Thursday, by U.S. District Judge Karen C. Caldwell, after pleading guilty to a conspiracy to commit wire fraud to obtain Paycheck Protection Program loans under false pretenses.           

According to his plea agreement, in April 2020, Blankenship submitted four fraudulent applications for Paycheck Protection Program (PPP) loans for Blankenship RV Finance Solutions LLC, RSGG Properties LLC, RSGG Holdings LLC, and RSGG Investments LLC, all business entities he formed.  The Paycheck Protection Program was created as part of the CARES Act, a law passed in March 2020 in response to the COVID-19 pandemic.  Paycheck Protection Program loans were designed to provide an incentive for small businesses to keep workers on their payroll during the pandemic; these loans would be forgiven by the United States Small Business Administration, if the borrower established that loan proceeds were used for payroll, rent, or other approved business expenses.  The amount of the loan was dependent on the business’s payroll.

As part of his fraudulent PPP loan applications, Blankenship, with the assistance of an accountant, created fake tax documents and payroll records indicating that his businesses had hundreds of thousands of dollars in quarterly payroll; when in fact, none of the entities had any payroll expense at all.  Blankenship submitted the applications through Kentucky Bank and Independence Bank; and as a result, he obtained fraudulent PPP loans totaling $1,323,829.  According to his plea, he used some of the funds for a RV business he owned (which had already received its own PPP loan and was ineligible for additional loans at the time), as well as personal use, including paying off casino debt and purchasing real estate.  Blankenship has repaid the stolen funds in full.

In a related case before Judge Caldwell, the accountant, Tammy Jo Goodwin, also pled guilty to conspiring with Blankenship to fraudulently obtain PPP loans.  Goodwin’s sentencing is scheduled for September 26, 2022.

Under federal law, Blankenship must serve at least 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.  In addition to the term of imprisonment, Blankenship was ordered to pay a $30,000 fine.         

Carlton S. Shier, IV, United States Attorney for the Eastern District of Kentucky; Jodi Cohen, Special Agent in Charge, Federal Bureau of Investigation, Louisville Field Office; Kathy Enstrom, Special Agent in Charge, Federal Deposit Insurance Corporation, Office of Inspector General (FDIC-OIG); and Stephen Donnelly, Acting Special Agent in Charge, Eastern Region, Office of Inspector General for the Board of Governors of the Federal Reserve System and the Bureau of Consumer Financial Protection (FRB), jointly announced the sentence.  The investigation was conducted by the FBI, FDIC-OIG, and FRB.  The United States was represented by Assistant U.S. Attorney Paul McCaffrey.

On May 17, 2021, the Attorney General established the COVID-19 Fraud Enforcement Task Force to marshal the resources of the Department of Justice in partnership with agencies across government to enhance efforts to combat and prevent pandemic-related fraud. The Task Force bolsters efforts to investigate and prosecute the most culpable domestic and international criminal actors and assists agencies tasked with administering relief programs to prevent fraud by, among other methods, augmenting and incorporating existing coordination mechanisms, identifying resources and techniques to uncover fraudulent actors and their schemes, and sharing and harnessing information and insights gained from prior enforcement efforts. For more information on the Department’s response to the pandemic, please visit https://www.justice.gov/coronavirus.

Anyone with information about allegations of attempted fraud involving COVID-19 can report it by calling the Department of Justice’s National Center for Disaster Fraud (NCDF) Hotline at 866-720-5721 or via the NCDF Web Complaint Form at: https://www.justice.gov/disaster-fraud/ncdf-disaster-complaint-form.

— END —

LEXINGTON, Ky. — As part of continuing COVID-19 pandemic mitigation strategies, many cities and other local municipalities have allowed restaurants to create or expand outdoor dining spaces, onto streets, sidewalks, and parking lots.  To ensure that such new dining spaces are accessible and do not impair the ability of those with disabilities to move in and around these areas, the U.S. Attorney’s Office for the Eastern District of Kentucky announced that it is sending the attached Letter to remind communities and restaurants of the requirements of the Americans with Disabilities Act (ADA).

The Letter explains that, under the ADA, restaurants must ensure that all dining areas (both indoor and outdoor) are accessible.  It also reminds municipalities, who often must approve the use or expansion of outdoor dining, that these areas must not obstruct the accessible path of travel on sidewalks.  Similarly, outdoor dining spaces should not reduce the availability of accessible parking spaces, in streets and parking lots.

“The use of new or enhanced outdoor seating is a valuable tool to assist COVID-19 mitigation and promote business,” said Carlton S. Shier, IV, United States Attorney for the Eastern District of Kentucky. “However, when considering these changes, it is important for restaurants to remember the requirements of the ADA and to ensure that any outdoor dining spaces are accessible to people with disabilities, and do not diminish the accessibility of surrounding areas, including sidewalks and availability of accessible parking spaces.”

The Letter includes a link to the Department of Justice’s website, ADA.gov, which provides information and technical assistance on the ADA’s requirements for public accommodations, such as restaurants, as well as state and local governments.

The U.S. Attorney’s Office for the Eastern District of Kentucky is responsible for enforcing a variety of federal statutes that prohibit discrimination, including the ADA.  Members of the public with information relating to ADA compliance or other potential civil rights violations may submit a complaint through the Department’s civil rights portal at https://civilrights.justice.gov/ or by contacting the United States Attorney’s Office at (859) 233-2661.

-END-

FRANKFORT, Ky.— A Belfry, Ky., man, Edward Leonidas Lewis, 54, was sentenced to 300 months in federal prison on Wednesday, by U.S. District Judge Greg Van Tatenhove, after pleading guilty to producing child pornography.

According to Lewis’ guilty plea, on February 25, 2021, law enforcement found images of child pornography on four different electronic devices in his possession.  Lewis then admitted to using “spy cameras,” hidden in bathrooms and bedrooms of his residences, to produce child pornography images of a victim. 

Lewis was previously convicted of four counts of Possession of a Matter Portraying a Sexual Performance by a Minor, in Franklin Circuit Court, in May 2013.

Lewis pleaded guilty to the federal charge in March 2022.

Under federal law, Lewis 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; Jerry Templet, Special Agent in Charge of Homeland Security Investigations (HSI); and Colonel Phillip Burnett, Jr., Commissioner, Kentucky State Police, jointly announced the sentence.

 The investigation was conducted by the HSI and KSP.  The United States was represented by Assistant U.S. Attorney David Marye.

This case was prosecuted as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice.  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 –

The U.S. Attorney’s Office for the Eastern District of Kentucky is aware of the Floyd County shooting incident involving law enforcement, which occurred late yesterday and into the early morning hours of today.  As the investigation of this incident progresses, we stand with our local and state law enforcement partners.  We are offering our support and our federal resources to assist them in their investigation of this shooting.  Our thoughts are with everyone affected by this tragic event, especially the family members, friends, and colleagues of the law enforcement and first responders lost or injured.

ASHLAND, Ky.— A Portsmouth, Ohio man, Charles Glorioso, 53, was sentenced to a total of 414 months on Monday, by U.S. District Judge David Bunning for kidnapping, sexual assault, and possession of contraband.             

According to the testimony at his trial, on July 10, 2020, and the early hours of July 11, 2020, Glorioso and Nathan Welch kidnapped a woman at knifepoint.  The victim was driving the two in her vehicle, from Portsmouth, into Greenup County, Kentucky.  There, the victim testified, both men physically and sexually assaulted her, until she was allowed to leave, when she traveled back across the river on foot.  The incident was reported to police and she was transported to the hospital, for treatment of multiple injuries sustained during the assault.  Later, where the assault took place in Greenup County, officers located the victim’s abandoned vehicle, her belt, shoe, as well as the knife used during the kidnapping and assault, all in or near her vehicle.

In addition to that conviction, Glorioso had pleaded guilty previously to two counts of possession of contraband while incarcerated.

Glorioso was convicted in March 2022.  Welch was convicted for his role in December 2021.  Welch was sentenced in March 2022, to 384 months and three years of supervised release.

Under federal law, Glorioso 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; Jodi Cohen, Special Agent in Charge, FBI, Louisville Office; Col. Phillip Burnett, Jr., Commissioner of the Kentucky State Police; and Chief Debby Brewer, Portsmouth Police Department, jointly announced the sentencing.

The investigation was conducted by FBI, KSP, the Portsmouth Police Department, and the Ohio Bureau of Investigation.  The United States was represented in the case by Assistant U.S. Attorneys Francisco Villalobos and Zachary Dembo.

– END –

LEXINGTON, Ky. - A Stickney, Illinois, man was convicted on Thursday, by a federal jury sitting in Lexington, of one count of money laundering.

After 3.5 hours of deliberations, following a two-day trial, the jury convicted 37-year old Rudy Guerrero of the charge.           

The indictment alleged a promotional money laundering scheme, amongst eight defendants, and included criminal activities in Lexington and Chicago, during the conspiracy.  According to testimony at trial, Guerrero delivered bulk cash drug proceeds on three separate occasions within a week.  The proceeds totaled approximately $450,000 and were intended to further the drug trafficking activities of the larger criminal organization.  The money laundering scheme involved the conversion of bulk cash to cryptocurrency, for transfer to other conspirators based in Mexico.

Guerrero was indicted in December 2021.         

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 conviction.

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

Guerrero will appear for sentencing on October 3, 2022.  He faces up to up to 20 years of incarceration and a fine of up to $500,000.  However, the Court must consider the U.S. Sentencing Guidelines and the applicable federal sentencing statutes before imposing a sentence.

— END —

LONDON, Ky.- A Kentucky State Police Trooper, from London, Ky., has been indicted for conspiracy as well as engaging in misleading conduct with the intent to prevent communication to a federal official or commission of a federal offense.           

A federal grand jury sitting in London returned the indictment charging 32-year-old Michael L. Howell with conspiracy to obstruct a criminal investigation and for engaging in misleading conduct with the intent to prevent communication of information to federal law enforcement relating to the commission or possible commission of a federal offense.          

The indictment alleges that Howell, along with another KSP Trooper, conspired with others to conceal the true nature of force used by KSP troopers, and the circumstances under which they used that force, to detain an arrestee.  The indictment alleges that Howell and the others failed to disclose the use of force upon the victim, by developing a fictious story about what happened, which matched “the closest thing to what the video would show,” in order to conceal the true events and mislead his investigating supervisor.           

Carlton S. Shier, IV, United States Attorney for the Eastern District of Kentucky, and Jodi Cohen, Special Agent in Charge, FBI, Louisville Field Office, announced the indictment.

The investigation preceding the indictment was conducted by the FBI.  The indictment was presented to the grand jury by Assistant U.S. Attorneys Zachary Dembo and Emily Greenfield.

A date for Howell to appear in court is scheduled for July 8 at 1:30 p.m.  He faces up to 20 years in prison for each charge.  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. 

This indictment is part of an ongoing investigation.

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.

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LEXINGTON, Ky. – Christopher Brian Goodwin, 46, was sentenced to 135 months on Friday, by Chief U.S. District Judge Danny C. Reeves, for deprivation of rights under color of law and three counts of sexual abuse of a ward.

Goodwin was employed as a correctional officer through the Bureau of Prisons, at FMC Lexington, and committed the offenses upon four inmates under his custody and supervision.  According to his plea agreement, Goodwin grabbed one victim as she attempted to exit an office space and placed himself between her and the door so he could monitor the hallway through a window.  Goodwin proceeded to sexually assault the victim against her will, knowing there were no cameras in that vicinity.  He admitted he had deprived the inmate of her Constitutional right not to be subjected to cruel and unusual punishment and his actions also resulted in bodily injury to the victim.

According to his plea agreement, Goodwin also admitted to unlawfully touching the breasts, buttocks, and groin area of three more victims on multiple occasions between April and September of 2019.  According to his plea, he sexually abused these three inmates by unlawfully engaging in oral sex.

Goodwin pleaded guilty to the charges in March 2022.

Under federal law, Goodwin 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 and subject to sex offender registry laws of Kentucky.

Carlton S. Shier, IV, United States Attorney for the Eastern District of Kentucky; William Hannah Special Agent in Charge, Department of Justice Office of the Inspector General; and Jodi Cohen, Special Agent in Charge, FBI, Louisville Field Office, jointly announced the sentence.

The DOJ-Office of the Inspector General and FBI handled the investigation.  The United States was represented by Assistant U.S. Attorneys Tashena A. Fannin and Kate K. Smith.

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COVINGTON, Ky.- An Erlanger, Ky., man, Brent Crawford, 39, was sentenced to 180 months in prison on Wednesday, by U.S. District Judge David Bunning, after pleading guilty to conspiracy to distribute more than 100 kilograms of marijuana and possession of a firearm in furtherance of drug trafficking.

According to Crawford’s guilty plea, from February 1, 2020 to January 20, 2021, he conspired with others to distribute 100 kilograms of marijuana.  Law enforcement located over 42 kilograms of marijuana in Crawford’s residence, along with more than $33,000, assorted items of jewelry, and a loaded assault rifle.  Crawford admitted that he possessed the rifle to protect the marijuana and the proceeds from his drug trafficking.

Crawford pleaded guilty in February 2022.

Under federal law, Crawford is required to serve 85 percent of his prison sentence.  After his release, he will be under supervised release for eight years.

Carlton S. Shier, IV, United States Attorney for the Eastern District of Kentucky; Jodi Cohen, Special Agent in Charge, FBI, Louisville Field Office; and Director Christopher Conners, Northern Kentucky Drug Strike Force, jointly announced the sentencing.

FBI and the Northern Kentucky Drug Strike Force conducted the investigation.  Assistant U.S. Attorney Anthony Bracke represented the United States.

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LONDON, Ky. — Jake Messer, 39, of Rockholds, Kentucky, was sentenced to Life in federal prison on Tuesday, by United States District Judge Robert E. Wier.  On February 10, 2022, Messer was convicted by a federal jury of two counts of kidnapping, following his indictment in November of 2020.

According to evidence at trial, the kidnappings were motivated by an unsuccessful drug deal, where Messer and his co-conspirators lost $10,000.  Jake Messer organized, directed, and recruited assistance for the armed kidnappings.  Messer ordered the two victims transported to a remote trailer in Clay County, where they were held for 24 hours.  There, the victims were separated, interrogated, threatened, and assaulted.  After several hours of captivity, Messer held the female victim down and raped her.  Messer then provided his father, George Oscar Messer, duct tape and zip ties.  His father then duct taped the victim and sexually assaulted her a second time, at gunpoint. The victims only escaped after a family member spotted them in a ditch on the side of the road with Messer. Thereafter, the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and the Kentucky State Police (KSP) recovered 15 firearms, including an assault rifle, from the Messer residence.

Messer received numerous sentencing enhancements, including use of a dangerous weapon, acting as an organizer, demanding ransom, and sexually exploiting a victim.  At the sentencing hearing, witnesses also testified that Jake Messer had previous incidents of violence, sexual assault, and threats.  In rendering the sentence, Judge Wier described the Messers’ conduct as the “very basement of human conduct.”  Judge Wier also said the sentence reflected the importance of declaring that the rule of law exists and applies to everyone, regardless of location and culture.

 “This is a disturbing example of the incidence of unspeakable violence that often accompanies illegal drug trafficking,” said Carlton S. Shier, IV, United States Attorney for the Eastern District of Kentucky.  “This case included kidnappings, threats, firearms, repeated sexual assaults, and even a true sense of lawlessness.  This unconstrained violence and infliction of suffering certainly warrants the sentence imposed.  Cases like this will embolden our efforts to combat this blight on our communities; it should also serve as a stark warning to those who continue to participate in destructive violence and drug trafficking.”

“This is the second defendant to receive a life sentence from an armed drug-trafficking group that kidnapped, tortured and raped the victims in this case,” said ATF Special Agent in Charge R. Shawn Morrow of the Louisville Division. “This was a joint effort between the Kentucky State Police and ATF. We hope this life sentence brings some sense of justice to the victims and sends a very clear message that ATF and our law enforcement partners will not stand by and allow these acts of violence."

United States Attorney Shier, Special Agent in Charge Morrow, and Colonel Phillip Burnett, Jr., Commissioner of the Kentucky State Police, jointly announced the sentence.          

This case 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. The PSN program 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, William Freddy Jackson, 43, was sentenced to 280 months in federal prison on Tuesday, by U.S. District Judge David Bunning, after pleading guilty to possession with intent to distribute 40 grams or more of fentanyl, with a prior conviction for a serious drug felony.

 According to Jackson’s plea agreement, he was the subject of a domestic violence call to law enforcement, on January 24, 2021.  Law enforcement then found Jackson in possession of 45.8 grams of fentanyl.  Jackson admitted to possession the fentanyl with the intent to distribute it.

Jackson had previously been convicted of two serious drug felonies.  Jackson was convicted of possession with intent to distribute crack cocaine on two separate occasions.  

Jackson pleaded guilty in February 2022.

Under federal law, Jackson 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 eight years.

Carlton S. Shier, IV, United States Attorney for the Eastern District of Kentucky; Kent Kleinschmidt, Special Agent in Charge, DEA, Detroit Filed Office; 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 Anthony Bracke.

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LONDON, Ky.- Three Bureau of Prisons employees of the United States Penitentiary Big Sandy, located in Inez, Ky., were indicted on Thursday, for federal civil rights violations.           

 A federal grand jury sitting in London, Ky., returned an indictment charging the following individuals:  Samuel J. Patrick, 41, of West Van Lear, Ky.; Clinton L. Pauley, 40, of Ironton, Ohio; and Kevin C. Pearce, Jr., 37, of Inez, Ky.  The defendants have been charged with violating an individual’s rights under the color of law and of falsifying records to impede an investigation.            

The indictment alleges that on April 29, 2021, Patrick and Pauley assaulted an inmate, in the lieutenant’s office of USP Big Sandy.  After Pearce and a subordinate BOP employee witnessed the assault, Pearce asked that employee to write an untruthful report, omitting the assault.  It is also alleged that Patrick pressured that employee to submit to Pearce’s demand.

The indictment also alleges that Pearce wrote a memorandum that documented the false account of the officers’ interactions with the inmate who was assaulted; that stated another employee was present in the office with the victim; and that stated the victim left the office without incident, omitting the assault. Patrick and Pauley are also alleged to have written memos to cover up the assault.

The indictment further alleges that Pauley previously assaulted another inmate on March 26, 2021, while the inmate was being escorted away from the lieutenants’ office of USP Big Sandy and that he subsequently wrote a false incident report to cover up that assault.           

Carlton S. Shier, IV, United States Attorney for the Eastern District of Kentucky; Kristen Clarke, Assistant Attorney General, Department of Justice’s Civil Rights Division; William J. Hannah, Special Agent in Charge, Department of Justice Office of the Inspector General, Chicago Field Office; and Jodi Cohen, Special Agent in Charge, FBI, Louisville Field Office, announced the indictment.

The investigation preceding the indictment was conducted by the DOJ OIG and the FBI.  The case is being handled by Assistant U.S. Attorney Zach Dembo and Trial Attorney Thomas Johnson of the Civil Rights Division.

A date for Patrick, Pauley, and Pearce to appear in court has not yet been scheduled yet. For the deprivation of rights charges, they each face a maximum of 10 years per, and for the falsification of records charges, they each face 20 years for each count.  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. 

            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.

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