Eastern District of Kentucky

LONDON, Ky.— Jordan Ryan Turner, 32, of Middlesboro, Kentucky, was sentenced to 188 months in federal prison on Tuesday, by United States District Judge Claria Horn Boom, after pleading guilty to using the internet to attempt to persuade, induce, or entice a minor to engage in sexual activity.

According to Turner’s plea agreement, he admitted to using Facebook Messenger and Kik Messenger to persuade and induce minors to produce sexually explicit videos and still images. Turner further admitted that, in March 2018, while employed as a teacher at Bell County High School, he used Facebook Messenger to attempt to convince a minor to send him a sexually explicit photo.

Turner pleaded guilty to the charges in March 2019.

Under federal law, Turner must serve 85 percent of his prison sentence and will be under the supervision of the U.S. Probation Office for 10 years after his release.

Robert M. Duncan, Jr., United States Attorney for the Eastern District of Kentucky; James Robert Brown, Jr., Special Agent in Charge, Federal Bureau of Investigation; and Commissioner Rodney Brewer, Kentucky State Police, jointly announced the sentence.

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

This case was brought 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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FRANKFORT, Ky.- A McDowell, Ky., man, Denver D. Tackett, DMD, 66, pleaded guilty on Tuesday, before U.S. District Judge Gregory Van Tatenhove, to health care fraud.

According to the plea agreement, Tackett, a licensed dentist who owned and operated Tackett Family Dentistry in McDowell, Ky., submitted false and unnecessary claims to Kentucky Medicaid for reimbursement for dental procedures and services performed at his practice. Tackett admitted to performing, and submitting claims for, dental procedures that were not reasonable or necessary for the diagnosis and treatment of a patient’s illness or injury. For example, Tackett submitted claims for “surgical” extractions when he had only performed a “simple” extraction, a lower reimbursing procedure, or a “surgical” extraction was not medically necessary. 

In total, Tackett admitted to submitting more than $95,000 in reimbursement claims to Kentucky Medicaid and its fiscal intermediaries for medically unnecessary dental procedures.

As part of his plea agreement, Tackett agreed to permanently surrender his Drug Enforcement Administration registration and agreed to refrain from seeking registration in the future.  Without a DEA registration, healthcare professionals are not able to lawfully prescribe controlled substances. Tackett also agreed to pay restitution of at least $70,000, and agreed to a forfeiture money judgement of $20,000.           

Tackett was indicted in April 2019 as part of the Appalachian Regional Prescription Opioid (ARPO) Strike Force initiative. 

Robert M. Duncan, Jr., United States Attorney for the Eastern District of Kentucky; Jeffrey T. Scott, Special Agent in Charge, DEA, Louisville Field Division; and Daniel Cameron, Kentucky Attorney General, jointly announced the guilty plea.

The investigation was conducted by DEA, Kentucky Office of the Attorney General, and AHIDTA. The United States was represented by Assistant U.S. Attorney Andrew Smith and Assistant Chief Kate Payerle from the Department of Justice’s Fraud Section. 

Tackett is scheduled to be sentenced on December 15, 2020. He faces up to 10 years in prison and a maximum fine of $250,000. However, any sentence will be imposed by the Court after consideration of the U.S. Sentencing Guidelines and the federal sentencing statutes. 

The ARPO Strike Force is made up of prosecutors and data analysts with the Department of Justice’s Fraud Section, prosecutors with the ten U.S. Attorney’s Offices in the Appalachian region, and special agents with the FBI, HHS-OIG and DEA.  The ARPO Strike Force operates out of two hubs based in Ft. Mitchell, Kentucky, and Nashville, Tennessee, areas, supporting the ten districts that make up the ARPO Strike Force region.  In addition, the APRO Strike Force works closely with other state and federal law enforcement agencies, including the Kentucky Medicaid Fraud Control Unit.

Since its inception in October 2018, the ARPO Strike Force, which operates in ten districts, has charged more than 70 defendants who are collectively responsible for distributing approximately 50 million pills.  Thus far there have been 31 guilty pleas as a result of ARPO Strike Force’s efforts.  The ARPO Strike Force is part of the Medicare Fraud Strike Force Program, led by the Fraud Section.  Since its inception in March 2007, the Medicare Fraud Strike Force, which maintains 15 strike forces operating in 24 districts, has charged more than 4,200 defendants who have collectively billed the Medicare program for approximately $19 billion.  In addition, the U.S. Department of Health and Human Services (HHS) Centers for Medicare & Medicaid Services, working in conjunction with the HHS-Office of Inspector General, are taking steps to increase accountability and decrease the presence of fraudulent providers.

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LEXINGTON, Ky. - A Nigerian National residing in Indianapolis, Ismaila Fafunmi, pleaded guilty in federal court on Friday, before U.S. District Judge Karen Caldwell, to money laundering charges related to a romance fraud and grant fraud scheme.

According to his plea agreement, Fafunmi admitted that, beginning in June 2018, he worked in conjunction with others, who communicated through online chats, about a scheme to defraud U.S. citizens through a romance scheme.  In furtherance of this scheme, Fafunmi and his co-conspirators would set up fake profiles on dating websites profiling American men, often military members.  Fafunmi’s co-conspirators would engage in conversations with victims, typically women older than 50, through the dating website, making the victims believe they were in a romantic relationship with the individual in the fictitious profile.

Fafunmi and his co-conspirators would then convince these unsuspecting women to send money for various reasons.  One victim of the scheme lived in Kentucky, and sent more than $200,000 to a person she believed to be her boyfriend. In another scheme, Fafunmi received funds from another female over 50, who believed she was being awarded a large grant and had to pay fees up front in order to receive her award.

In either scam, if the victims sent money by bank deposit, the conspirators would create bank accounts, in various names, to retrieve the fraudulent funds. Fafunmi and others would retain a portion of the victim funds, and then converted the remainder to wires transfers, to be sent back to co-conspirators in Nigeria. Victims also sent money in the form of postal money orders to addresses belonging to Fafunmi and his co-conspirators. Fafunmi and his co-conspriators had to convert those funds to wires to be sent back to co-conspirators in Nigeria as well.           

Fafunmi was indicted in October 2019.

“Internet-based romance scams and grant fraud scams, like the ones perpetrated here, prey on vulnerable individuals and frequently consist of nothing more than promises that are too good to be true and despicable efforts to cheat people out of their money,” said Robert M. Duncan, Jr., United States Attorney for the Eastern District of Kentucky.  “Unfortunately, these scams remain prevalent; so all of us need to remain vigilant when communicating online, especially if we are asked to send money to someone we do not really know.  The outstanding work of FBI personnel led to the capture and conviction of the defendant, and allows us to hold these fraudsters accountable for their crimes.” 

“Nothing is as painful as a broken heart which makes romance scams particularly egregious,” said James Robert Brown, Jr., Special Agent in Charge, FBI, Louisville Field Office. “Fraudsters who target our most vulnerable citizens online will continue to draw the full attention of the FBI.”

Robert M. Duncan, Jr., United States Attorney for the Eastern District of Kentucky, and James Robert Brown, Jr., Special Agent in Charge, FBI, 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 Kate Anderson.

Fafunmi is scheduled to be sentenced on November 19, 2020.  He faces up to 20 years in prison and a maximum fine of $500,000. However, any sentence will be imposed by the Court, after its consideration of the U.S. Sentencing Guidelines and the federal sentencing statutes. 

This case is being prosecuted as part of the Department of Justice’s efforts to identify and prosecute those persons who facilitate elder financial exploitation. The Department of Justice’s Elder Justice Mission, being carried out through the Kentucky Elder Justice Task Force, is to seek justice for victims of elder financial exploitation.  Anyone who knows someone who may be a victim of an elder financial exploitation, is encouraged to contact law enforcement.

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LONDON, Ky. — A Corbin, Ky., man was convicted Friday, by a federal jury sitting in London, of armed methamphetamine trafficking and possession of a firearm by a convicted felon.

After two hours of deliberation, following a three-day trial, the jury convicted John Helton of conspiracy to distribute 50 grams or more of methamphetamine, possessing a firearm in furtherance of that conspiracy, possessing with the intent to distribute 50 grams or more of methamphetamine, and possessing a firearm by convicted felon.  The jury acquitted Helton of possessing a firearm found at his mother’s residence.  

The evidence at trial established that, on June 9, 2019, deputies with the Knox and Laurel County Sheriff’s Offices searched the residence that Helton shared with his wife, Anita, seizing over 300 grams of crystal methamphetamine and four firearms, including three that were loaded.  Helton then directed his wife to go to his mother’s residence, to get money to bond him out of jail.  When law enforcement searched that residence, they found over $8,000 secreted in a closet.  A search of a child’s playhouse on the property revealed over 800 grams of additional crystal methamphetamine and another firearm.  The Kentucky State Police had previously made a controlled purchase of methamphetamine that was arranged with Helton but delivered by his wife. 

Anita Helton previously pled guilty to conspiring with Helton to distribute methamphetamine and possessing firearms in furtherance of that offense. Her sentencing is scheduled for November 17, 2020.

Helton is scheduled to be sentenced on January 5, 2021. He faces a statutory minimum of 20 years in prison.  Under federal law, Helton must serve 85 percent of his sentence.  Helton’s minimum sentence was enhanced as a result of a previous felony conviction for manufacturing methamphetamine. 

Robert M. Duncan, Jr., United States Attorney for the Eastern District of Kentucky; Jeffrey T. Scott, Special Agent in Charge, DEA, Louisville Field Division; Rodney Brewer, Commissioner, Kentucky State Police; Sheriff Mike Smith, Knox County Sheriff’s Department; and Sheriff John Root, Laurel County Sheriff’s Department, jointly announced the verdict.

The investigation was conducted by the DEA, KSP, the Knox County Sheriff’s Office, and the Laurel County Sheriff’s Office.  The United States was represented 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 Robert Duncan Jr., coordinates PSN efforts in cooperation with various federal, state, and local law enforcement officials.           

This case is also part of Project Guardian, the Department of Justice’s signature initiative to reduce gun violence and enforce federal firearms laws.  Initiated by the Attorney General in the fall of 2019, Project Guardian draws upon the Department’s past successful programs to reduce gun violence; enhances coordination of federal, state, local, and tribal authorities in investigating and prosecuting gun crimes; improves information-sharing by the Bureau of Alcohol, Tobacco, Firearms and Explosives when a prohibited individual attempts to purchase a firearm and is denied by the National Instant Criminal Background Check System (NICS), to include taking appropriate actions when a prospective purchaser is denied by the NICS for mental health reasons; and ensures that federal resources are directed at the criminals posing the greatest threat to our communities. Click here for more information about Project Guardian.

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LEXINGTON, Ky. - A Clayhole, Ky., man, Phillip Lovins, 61, was sentenced in federal court on Friday, to 180 months in prison, by Chief U.S. District Judge Danny Reeves, after previously pleading guilty to being a convicted felon in possession of firearms and ammunition and possession with intent to distribute Methadone.           

According to his plea agreement, in May 2019, law enforcement found Lovins in possession of several boxes of ammunition, a 9 mm. pistol, a 270 caliber rifle, and a plastic bag with 100 Methadone 40 mg tablets. Lovins admitted that he had obtained the Methadone from his supplier, on multiple occasions, and he sold the pills to others. Lovins further admitted that he was a convicted felon and was prohibited from possessing a firearm.

Lovins pleaded guilty in February 2020. In May 2015, Lovins was convicted of several felonies, including four counts of Trafficking a Controlled Substance, one count of Tampering with Physical Evidence, and one count of Possession of a Controlled Substance, in Breathitt County Circuit Court.

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

Robert M. Duncan, Jr., United States Attorney for the Eastern District of Kentucky; Shawn Morrow, Special Agent in Charge, ATF, Louisville Field Division; Rodney Brewer, Commissioner of the Kentucky State Police; and Rich Storm, Commissioner of the Kentucky Department of Fish and Wildlife, jointly made the announcement. 

The investigation was directed by ATF, KSP, and the Kentucky Department of Fish and Wildlife.  The United States was represented by Assistant U.S. Attorney Roger West.

The year 2020 marks the 150th anniversary of the Department of Justice. Learn more about the history of our agency at www.Justice.gov/Celebrating150Years.

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COVINGTON, KY- A Cornith, Ky., man, Robert Stanton Sexton, 28, was sentenced in federal court on Friday to 132 months in prison, by U.S. District Judge David Bunning, for transporting child pornography.           

According to his guilty plea agreement, on October 3, 2018, Sexton admitted to using his Tumblr account to upload approximately seven video files depicting prepubescent children  engaged in sexually explicit conduct. Law enforcement interviewed Sexton at his home and he admitted to viewing, downloading, and transporting child pornography. Sexton further admitted that his cell phone contained child pornography, including approximately 20 nude images of a minor girl, with whom he had been exchanging text messages. He also admitted to sending nude images of himself to an additional minor girl, via text messages.  

Sexton pleaded guilty in May 2020.

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

Robert M. Duncan, Jr., United States Attorney for the Eastern District of Kentucky; Jerry Templet, Special Agent in Charge, Department of Homeland Security- Homeland Security Investigations (DHS-HSI); and Commissioner Rodney Brewer, Kentucky State Police, jointly made the announcement. 

The investigation was directed by Homeland Security Investigations and Kentucky State Police. The United States was represented by Assistant U.S. Attorney Wade Napier.

This case was brought 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.

The year 2020 marks the 150th anniversary of the Department of Justice.  Learn more about the history of our agency at www.Justice.gov/Celebrating150Years.

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LEXINGTON, KY- A Lexington man, Michael R. McReynolds Jr., 32, was sentenced to 166 months on Friday, before Chief United States District Judge Danny Reeves, to Hobbs Act robbery and carrying and using a firearm during a crime of violence.           

According to McReynolds’ plea agreement, on September 27, 2019, he robbed the Hubbard & Curry Pharmacy located in Lexington. McReynolds, who was armed with an AK-style firearm, took oxycodone pills, other drugs, and approximately $300. On October 21, 2019, McReynolds again robbed the pharmacy.  During the second robbery, McReynolds was again armed with an AK-style firearm, and he stole approximately 500oxycodone pills. 

Based on evidence collected, law enforcement officers identified McReynolds as the perpetrator of both robberies. Officers arrested McReynolds at his fiancée’s home on October 21, 2019, and located several of the prescription pills that were stolen during the pharmacy robberies.

As part of his plea agreement, McReynolds admitted to possessing and brandishing a firearm to help facilitate his robberies of the pharmacy.

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

Robert M. Duncan, Jr., United States Attorney for the Eastern District of Kentucky; J. Todd Scott, Special Agent in Charge, DEA, Louisville Field Division; and Lawrence Weathers, Chief of Police, Lexington Police Department jointly announced the sentencing.

The investigation was directed by the DEA and Lexington Police Department. The United States was represented by Assistant U.S. Attorney Francisco Villalobos.

This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. The PSN program was reinvigorated as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.

This case is also part of Project Guardian, the Department of Justice’s signature initiative to reduce gun violence and enforce federal firearms laws. Initiated by the Attorney General in the fall of 2019, Project Guardian draws upon the Department’s past successful programs to reduce gun violence; enhances coordination of federal, state, local, and tribal authorities in investigating and prosecuting gun crimes; improves information-sharing by the Bureau of Alcohol, Tobacco, Firearms and Explosives when a prohibited individual attempts to purchase a firearm and is denied by the National Instant Criminal Background Check System (NICS), to include taking appropriate actions when a prospective purchaser is denied by the NICS for mental health reasons; and ensures that federal resources are directed at the criminals posing the greatest threat to our communities. Click here for more information about Project Guardian.

The year 2020 marks the 150th anniversary of the Department of Justice.  Learn more about the history of our agency at www.Justice.gov/Celebrating150Years.

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LEXINGTON, Ky. - A Lexington man, Jody Shipman, 29, was sentenced in federal court on Thursday, to 165 months in prison, by Chief U.S. District Judge Danny Reeves, for carjacking, with the intent to inflict serious bodily harm or death, on two occasions.

Shipman pleaded guilty to two, separate carjackings, in January and February 2019.  According to his plea agreement, in January 2019, Shipman approached a Lexington woman at her apartment, demanded her vehicle, phone, and wallet, and threatened her with force. He later used her ATM card at a gas station. Then, in February 2019, Shipman approached a second female victim, at Lexington’s St. Joseph Hospital, forcing her inside her vehicle and driving her to an ATM machine, to withdraw money from her account.

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

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

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

This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. The PSN program was reinvigorated as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.

This case is also part of Project Guardian, the Department of Justice’s signature initiative to reduce gun violence and enforce federal firearms laws. Initiated by the Attorney General in the fall of 2019, Project Guardian draws upon the Department’s past successful programs to reduce gun violence; enhances coordination of federal, state, local, and tribal authorities in investigating and prosecuting gun crimes; improves information-sharing by the Bureau of Alcohol, Tobacco, Firearms and Explosives when a prohibited individual attempts to purchase a firearm and is denied by the National Instant Criminal Background Check System (NICS), to include taking appropriate actions when a prospective purchaser is denied by the NICS for mental health reasons; and ensures that federal resources are directed at the criminals posing the greatest threat to our communities. Click here for more information about Project Guardian.

The year 2020 marks the 150th anniversary of the Department of Justice.  Learn more about the history of our agency at www.Justice.gov/Celebrating150Years.

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ASHLAND, Ky. - A Greenup, Kentucky woman, Manjit K. Singh, 49, and her daughter, Harpneet K. Bath, 27, a resident of British Columbia, Canada, were sentenced in federal court on Wednesday, to 18 months and 9 months in prison, respectively, by U.S. District Court Judge David L. Bunning, for conspiring to burn down Singh’s convenience store in Greenup, in order to fraudulently obtain insurance proceeds.           

In her plea agreement, Singh admitted to offering a confidential informant $5,000, in January 2020, to burn down the convenience store she owned and operated, Wolf’s Food Mart and Pool Hall, in Greenup.  The store was insured by Scottsdale Insurance Company, and Singh intended to burn it down for the purpose of collecting insurance proceeds.  Singh acknowledged instructing the informant on how she wanted the arson to be performed, and promised him that he would receive $1,000 up front, and the remaining $4,000 after she received the insurance proceeds from the fraudulent claim of fire loss.  Bath admitted to traveling from Canada to Greenup, in order to help her mother commit the fraud.  In their plea agreements, both admitted that they met with the informant on the eve of the planned arson.  At that meeting, Bath gave him $900 in cash and obtained his bank account information, so she could wire him the remaining funds, once the insurer paid the fraudulent claim.  Law enforcement officers disrupted the plot before the arson was committed.

Under federal law, Singh and Bath must serve 85 percent of their prison sentences and will be under the supervision of the U.S. Probation Office for two years.  In addition to their prison sentences, Singh was ordered to pay a fine of $5,000 and Bath a fine of $2,500.

Robert M. Duncan, Jr., United States Attorney for the Eastern District of Kentucky; James Robert Brown, Special Agent in Charge, FBI Louisville Field Division; and ?????, Greenup County Sheriff, jointly made the announcement. 

The investigation was directed by the Federal Bureau of Investigation and the Greenup County Sheriff’s Office.  The United States was represented by Assistant U.S. Attorney Paul McCaffrey.

The year 2020 marks the 150th anniversary of the Department of Justice.  Learn more about the history of our agency at www.Justice.gov/Celebrating150Years.

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COVINGTON, Ky. - A Enville, Tennessee man, Lane Christopher Mikaloff, 52, pleaded guilty in federal court Friday, before U.S. District Judge David Bunning, to possession with intent to distribute 50 grams or more of methamphetamine.            

According to Mikaloff’s plea agreement, on January 16, 2019, law enforcement received a call regarding a suspicious person who had purchased two ski masks and a knife from a truck stop in Gallatin County, Ky. Officers responded to the truck stop and located Mikaloff, who admitted to officers he possessed drug paraphernalia. During a search of Mikaloff’s vehicle, officers found a large bag of methamphetamine, nine smaller bags of methamphetamine, approximately five ounces of marijuana, and $1,042 in currency. During the search, Mikaloff fled from the officers on foot.  When he was apprehended, Mikaloff was found in possession of additional methamphetamine, in a bag around his neck. All told, Mikaloff was found in possession of 247 grams of methamphetamine.  In his plea agreement, Mikaloff admitted he possessed the methamphetamine with intent to distribute it.

Mikaloff was indicted in September 2019. According to his plea agreement, Mikaloff has prior convictions for aggravated burglary, aggravated robbery, felony assault, and rape.

Robert M. Duncan, Jr., United States Attorney for the Eastern District of Kentucky; Jeffrey T. Scott, Special Agent in Charge, DEA, Louisville Field Division; and Commissioner Rodney Brewer, Kentucky State Police, jointly announced the guilty plea.

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

Mikaloff is scheduled to be sentenced on December 4. He potentially faces a minimum of 15 years and up to life in prison.  However, any sentence will be imposed by the Court after consideration of the U.S. Sentencing Guidelines and the federal sentencing statutes. 

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COVINGTON, Ky. - Michael J. Grogan, 67, of Lakeside Park, Kentucky, was indicted by a federal grand jury on Thursday, for 257 counts of illegal distribution of controlled substances.

The indictment alleges that, between February 1, 2018 and February 13, 2019, Grogan was the owner and operator of Go Beyond Medicine, a medical clinic located in Crescent Springs, Ky., and Grogan unlawfully distributed and dispensed Schedule II controlled substances, outside the scope of a professional medical practice and without a legitimate medical purpose.  According to the indictment, Grogan wrote 257 unlawful prescriptions for Oxycodone.           

The investigation preceding the indictment was conducted jointly, by the DEA, FBI, the U.S. Department of Health and Human Services, and the Northern Kentucky Drug Strike Force.

Grogan was arraigned on Monday, and his trial date is scheduled for October 26. If convicted, Grogan faces a maximum prison sentence of 20 years. However, any sentence following conviction would be imposed by the Court, after its consideration of the United States Sentencing Guidelines and the federal statutes governing the imposition of sentences.

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

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FRANKFORT, Ky. – A former Shelby County Deputy Jailer, William Anthony Carey, 31, was sentenced Monday, to 48 months in federal prison, by U.S. District Judge Gregory F. VanTatenhove, for violating the civil rights of an inmate in his custody.

According to Carey’s guilty plea agreement, Corey Lynn Hopper, 30, and another inmate were incarcerated together at the Shelby County Detention Center, in Shelbyville, Kentucky.  Carey, a Deputy Jailer at the time, told Hopper about a personal vendetta he had against the other inmate, and asked Hopper to “take care of” him. That night, while the inmate slept, Hopper and several others beat him, punching and kicking the inmate multiple times. The assault left the victim with severe facial fractures and missing teeth.

Hopper pleaded guilty to his role in the assault, in January 2020, pleading to aiding and abetting a person acting under color of law in willfully depriving an inmate of his right to be free from unreasonable force. Carey pleaded guilty to his role in the assault in March 2019.           

Hopper was sentenced on July 15, 2020, receiving 120 months in federal prison and three years of supervised release. Upon his release, Carey will be under the supervision of the United States Probation Office for three years. Under federal law, both must serve 85 percent of their prison sentences.

“The duty of correctional officers is to uphold the law and protect the people within their care,” said Assistant Attorney General Eric Dreiband, of the Department of Justice’s Civil Rights Division.  “These actions are not only illegal and morally wrong, they go against the oath this officer took when he entered the job.  This division will continue to work to protect the civil rights of all Americans, and vigorously prosecute those who violate them.”

“Excessive and unreasonable force perpetrated by, or directed by, a member of law enforcement is disgraceful and criminal,” said Robert M. Duncan, Jr., United States Attorney for the Eastern District of Kentucky. “It undermines what our system of justice stands for and it damages the integrity of law enforcement. We have a distinct responsibility to combat it with all the tools available to us.  Everyone is entitled to be free of this despicable conduct. I want to commend the FBI for their work in successfully investigating this case, bringing some sense of justice to the victim of this conduct.”

“Because corrections officers have a critical public safety responsibility, the FBI is committed to vigorously pursue civil rights and color of law violations. Through the Kentucky Public Corruption Civil Rights Task Force, FBI Louisville will continue to aggressively investigate any public official that abuses those they have been sworn to protect,” said Special Agent in Charge Robert Brown, FBI Louisville Field Office.

Assistant Attorney General Dreiband; U.S. Attorney Duncan; and James Robert Brown, Jr., Special Agent in Charge, FBI, Louisville Field Office, jointly made the announcement.

The investigation was conducted by the Public Corruption/Civil Rights Task Force of the Louisville Field Division of the FBI. The United States was represented in the case by Assistant U.S. Attorney Hydee Hawkins and Trial Attorney Anita Channapati of the Civil Rights Division, Criminal Section.

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COVINGTON, Ky. - A Florence, Kentucky, man, Jeffery Pollard Jr., 26, pleaded guilty in federal court on Friday, before U.S. District Judge David Bunning, to possession with intent to distribute five grams or more of methamphetamine and possession of a firearm in furtherance of drug trafficking.

According to Pollard’s plea agreement, on January 30, 2020, law enforcement stopped a car with Pollard as a passenger. During the traffic stop, law enforcement saw a handgun, which was loaded, on top of a black bag. The bag contained 21.84 grams of methamphetamine and a digital scale.  Pollard admitted that the methamphetamine and handgun belonged to him, and that he possessed the firearm in furtherance of drug trafficking.             

Pollard was indicted in March 2020.

Robert M. Duncan, Jr., United States Attorney for the Eastern District of Kentucky; James Robert Brown, Special Agent in Charge of the FBI Louisville Field Office, and Police Chief Robert Nader, Covington Police Department, jointly announced the guilty plea.

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

Pollard is scheduled to be sentenced on November 20. He faces a minimum of 10 years and up to life 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.  

 This is another 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. 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 Robert Duncan Jr., coordinates PSN efforts in cooperation with various federal, state, and local law enforcement officials.

This case is also part of Project Guardian, the Department of Justice’s signature initiative to reduce gun violence and enforce federal firearms laws. Initiated by the Attorney General in the fall of 2019, Project Guardian draws upon the Department’s past successful programs to reduce gun violence; enhances coordination of federal, state, local, and tribal authorities in investigating and prosecuting gun crimes; improves information-sharing by the Bureau of Alcohol, Tobacco, Firearms and Explosives when a prohibited individual attempts to purchase a firearm and is denied by the National Instant Criminal Background Check System (NICS), to include taking appropriate actions when a prospective purchaser is denied by the NICS for mental health reasons; and ensures that federal resources are directed at the criminals posing the greatest threat to our communities. Click here for more information about Project Guardian.

 The year 2020 marks the 150th anniversary of the Department of Justice.  Learn more about the history of our agency at www.Justice.gov/Celebrating150Years.

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COVINGTON, Ky. - A Cincinnati man, Dontez Justice, 33, pleaded guilty in federal court Friday, before U.S. District Judge David Bunning, to possession with intent to distribute over five grams of methamphetamine.          

According to Justice’s plea agreement, on October 17, 2019, a cooperating source working with DEA arranged a purchase of methamphetamine from Justice. In his plea agreement, Justice admitted that he was en route to deliver the methamphetamine when law enforcement conducted a traffic stop and found the methamphetamine. The methamphetamine seized from Justice was confirmed to be 26.3 grams of actual methamphetamine.

Justice further admitted in his plea agreement that he has two prior drug trafficking convictions, having previously been convicted of trafficking in cocaine in Campbell and Kenton counties.                        

Justice was indicted in February 2019.

Robert M. Duncan, Jr., United States Attorney for the Eastern District of Kentucky, and Jeffrey T Scott, Special Agent in Charge, DEA, Louisville Field Division; jointly announced the guilty plea.

The investigation was conducted by the DEA. The United States was represented by Assistant U.S. Attorney Elaine Leonhard. 

Justice is scheduled to be sentenced on November 20. He faces a minimum of 10 years and up to life 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. 

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LEXINGTON, Ky. - A Mt. Sterling, Kentucky man, Shawn Perkins, 22, was sentenced in federal court on Thursday, to 78 months in prison, by U.S. District Judge Karen Caldwell, for possession with intent to distribute fentanyl and heroin, possession of a firearm by prohibited person, and using a false statement to purchase a firearm.           

According to Perkins’ plea agreement, on October 10, 2018, law enforcement received complaints that Perkins was firing an AR-15 rifle into the field across from his house.  When officers arrived at the residence, Perkins was uncooperative; but upon entry into the residence, officers located a Bushmaster AR-15 box, ammunition, a jar of marijuana, and approximately $1,000 in cash.  Officers also located a gun case, with an additional seven firearms, assorted ammunition, cash, scales, heroin, various pills, and $3,000 cash.

The Bushmaster AR-15 was located inside the safe and Perkins had purchased the firearm on October 2, 2018.  However, on August 9, 2018, Perkins had been denied the ability to purchase the very same firearm, based upon his prior conviction for a misdemeanor crime of domestic violence.  On the Firearms Transaction Record he filled out when he was allowed to purchase the firearm, Perkins falsely answered that he had never been convicted of a misdemeanor crime of violence.  Perkins had been convicted of Assault Fourth Degree Domestic Violence Minor Injury by the Fleming District Court in September 2011. 

Perkins also admitted that, on August 28, 2019, while serving the arrest warrant on his indictment, law enforcement officers encountered Perkins, at his home, and found him in possession of 728 oxycodone tablets, a 22 pistol, .38 caliber pistol, scales, and $8,712 in cash.

Perkins pleaded guilty in May 2020.

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

Robert M. Duncan, Jr., United States Attorney for the Eastern District of Kentucky; Shawn Morrow, Special Agent in Charge, ATF, Louisville Field Division; and Sheriff David Charles, Montgomery County Sheriff’s Department, jointly made the announcement. 

The investigation was directed by the ATF and the Montgomery County Sheriff’s Department.  The United States was represented by Assistant U.S. Attorney Cynthia Rieker.

This is another 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. 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 Robert Duncan Jr., coordinates PSN efforts in cooperation with various federal, state, and local law enforcement officials.

 This case is also part of Project Guardian, the Department of Justice’s signature initiative to reduce gun violence and enforce federal firearms laws. Initiated by the Attorney General in the fall of 2019, Project Guardian draws upon the Department’s past successful programs to reduce gun violence; enhances coordination of federal, state, local, and tribal authorities in investigating and prosecuting gun crimes; improves information-sharing by the Bureau of Alcohol, Tobacco, Firearms and Explosives when a prohibited individual attempts to purchase a firearm and is denied by the National Instant Criminal Background Check System (NICS), to include taking appropriate actions when a prospective purchaser is denied by the NICS for mental health reasons; and ensures that federal resources are directed at the criminals posing the greatest threat to our communities. Click here for more information about Project Guardian.

The year 2020 marks the 150th anniversary of the Department of Justice.  Learn more about the history of our agency at www.Justice.gov/Celebrating150Years.

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COVINGTON, Ky. - Daniel J. Huegel, 23, of Cincinnati, was indicted by a federal grand jury sitting in Covington, for one count of distributing a controlled substance resulting in death.

The indictment alleges that, on or about March 23, 2020, in Boone County, Ky., Huegel distributed fentanyl, which resulted in the death of the victim.

The investigation preceding the indictment was conducted jointly, by the DEA and the Northern Kentucky Drug Strike Force.

If convicted, Huegel faces a minimum of 20 years in prison, up to a maximum of life in prison. However, any sentence following conviction would be imposed by the Court, after its consideration of the United States Sentencing Guidelines and the federal statutes governing the imposition of sentences.

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

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A Kentucky doctor and his former office assistant pleaded guilty on Aug. 7 for their roles in unlawfully distributing opioids and other controlled substances during a time when the defendants did not have a legitimate medical practice.

Acting Assistant Attorney General Brian C. Rabbitt of the Justice Department’s Criminal Division, U.S. Attorney Robert M. Duncan Jr. of the Eastern District of Kentucky, Special Agent in Charge Derrick Jackson of the U.S. Department of Health and Human Services Office of Inspector General’s (HHS-OIG) Atlanta Field Office, Special Agent in Charge Jeffrey T. Scott of the U.S. Drug Enforcement Administration’s (DEA) Louisville Field Division, and Executive Director W. Bryan Hubbard of the Kentucky Medicaid Fraud Control Unit (MFCU) made the announcement.

Scotty Akers, M.D., 48, a licensed physician, and Serissa Akers, 33, his wife and former office assistant, both of Pikeville, Kentucky, pleaded guilty to unlawfully distributing controlled substances.  As part of the plea, Dr. Akers also agreed to a money judgement of $12,275. Sentencing for both defendants has been scheduled for Nov. 20.

As part of their guilty pleas, the defendants admitted to using Facebook messenger to sell unnecessary prescriptions for opioids.  According to their plea agreement, Serissa Akers exchanged prescriptions written by Dr. Akers for cash in parking lots around Pikeville.  The defendants also admitted that Dr. Akers performed no physical examinations that would justify these parking-lot prescriptions, and failed to engage in other measures that prevent the abuse and diversion of opioids.  The defendants continued operating their opioid-delivery scheme even after they came under investigation and up until the moment when Dr. Akers’s medical license was suspended. 

HHS-OIG, DEA and Kentucky MFCU investigated the case.  Assistant Chief Katherine E. Payerle and Trial Attorney Dermot Lynch of the Criminal Division’s Fraud Section and Assistant U.S. Attorney Andrew E. Smith of the Eastern District of Kentucky are prosecuting the case.

The Fraud Section leads the ARPO Strike Force.  Since its inception in October 2018, the ARPO Strike Force, which operates in ten districts, has charged more than 70 defendants who are collectively responsible for distributing approximately 50 million pills.  Thus far there have been 30 guilty pleas as a result of ARPO Strike Force’s efforts.  The ARPO Strike Force is part of the Medicare Fraud Strike Force Program, led by the Fraud Section.  Since its inception in March 2007, the Medicare Fraud Strike Force, which maintains 15 strike forces operating in 24 districts, has charged more than 4,200 defendants who have collectively billed the Medicare program for approximately $19 billion.  In addition, the U.S. Department of Health and Human Services (HHS) Centers for Medicare & Medicaid Services, working in conjunction with the HHS-Office of Inspector General, are taking steps to increase accountability and decrease the presence of fraudulent providers.

Individuals who believe that they may be a victim in this case should visit the Fraud Section’s Victim Witness website for more information.

The year 2020 marks the 150th anniversary of the Department of Justice.  Learn more about the history of our agency at www.Justice.gov/Celebrating150Years.

LEXINGTON, Ky. – A Kentucky doctor and his office assistant pleaded guilty today for their roles in unlawfully distributing opioids and other controlled substances during a time when the defendants did not have a legitimate medical practice.

Scotty Akers, M.D., 48, a licensed physician, and Serissa Akers, 33, his wife and former office assistant, both of Pikeville, Kentucky, pleaded guilty to unlawfully distributing controlled substances.  As part of the plea, Scotty Akers also agreed to a money judgement of $12,275. Sentencing has been scheduled for November 20, 2020.

As part of their guilty pleas, the defendants admitted to using Facebook messenger to sell unnecessary prescriptions for opioids. According to their plea agreements, Serissa Akers exchanged prescriptions written by Scotty Akers for cash in parking lots around Pikeville.  The defendants also admitted that they performed no physical examinations that would justify these parking-lot prescriptions, failed to keep virtually any records on the patients who received these prescriptions, allowed patients to receive early refills, nd failed to engage in other measures that prevent the abuse and diversion of opioids. The defendants continued operating their opioid-delivery scheme even after they came under investigation and up until the moment when Scotty Akers’s medical license was suspended. 

Acting Assistant Attorney General Brian C. Rabbitt of the Justice Department’s Criminal Division, U.S. Attorney Robert M. Duncan Jr. of the Eastern District of Kentucky, Special Agent in Charge Derrick Jackson of the U.S. Department of Health and Human Services Office of Inspector General’s (HHS-OIG) Atlanta Field Office, Special Agent in Charge Jeffrey T. Scott of the U.S. Drug Enforcement Administration’s (DEA) Louisville Field Division, and Executive Director W. Bryan Hubbard of the Kentucky Medicaid Fraud Control Unit (MFCU) made the announcement.

“The unlawful distribution of opioids by medical professionals is unacceptable,” said Robert M. Duncan, Jr., United States Attorney for the Eastern District of Kentucky. “We will continue to vigorously investigate and prosecute these important cases.”    

HHS-OIG, DEA and Kentucky MFCU investigated the case.  Assistant Chief Katherine E. Payerle and Trial Attorney Dermot Lynch of the Criminal Division’s Fraud Section and Assistant U.S. Attorney Andrew E. Smith of the Eastern District of Kentucky are prosecuting the case.

The ARPO Strike Force is made up of prosecutors and data analysts with the Department of Justice’s Fraud Section, prosecutors with the ten U.S. Attorney’s Offices in the Appalachian region, and special agents with the FBI, HHS-OIG and DEA.  The ARPO Strike Force operates out of two hubs based in Ft. Mitchell, Kentucky, and Nashville, Tennessee, areas, supporting the ten districts that make up the ARPO Strike Force region.  In addition, the APRO Strike Force works closely with other state and federal law enforcement agencies, including the Kentucky Medicaid Fraud Control Unit. 

Since its inception in October 2018, the ARPO Strike Force, which operates in ten districts, has charged more than 70 defendants who are collectively responsible for distributing approximately 50 million pills.  Thus far there have been 30 guilty pleas as a result of ARPO Strike Force’s efforts.  The ARPO Strike Force is part of the Medicare Fraud Strike Force Program, led by the Fraud Section.  Since its inception in March 2007, the Medicare Fraud Strike Force, which maintains 15 strike forces operating in 24 districts, has charged more than 4,200 defendants who have collectively billed the Medicare program for approximately $19 billion.  In addition, the U.S. Department of Health and Human Services (HHS) Centers for Medicare & Medicaid Services, working in conjunction with the HHS-Office of Inspector General, are taking steps to increase accountability and decrease the presence of fraudulent providers.

Individuals who believe that they may be a victim in this case should visit the Fraud Section’s Victim Witness website for more information.

The year 2020 marks the 150th anniversary of the Department of Justice.  Learn more about the history of our agency at www.Justice.gov/Celebrating150Years.

# # #

LEXINGTON, Ky. - Casa Fiesta Mexican Restaurant, in Richmond, Kentucky (“Casa Fiesta”), entered into a settlement agreement with the federal government to resolve a recent complaint alleging violations of the Americans with Disabilities Act (“ADA”), relating to the use of service animals.  

The settlement agreement resolves an ADA complaint that was filed by an individual with disabilities, who relies on a service animal and attempted to eat at Casa Fiesta. The complainant alleged that restaurant staff demanded that she provided documentation proving that her dog was a service animal. Staff also attempted to seat her away from other patrons or outside.

As part of the settlement, Casa Fiesta adopted a Service Animal Policy, trained its staff members on the ADA’s requirements for service animals, and posted signage permitting service animals.

Under federal law, private entities that own or operate places of “public accommodation,” including restaurants, are required to modify their policies, practices, or procedures to permit the use of a service animal by an individual with a disability.  Under the ADA, service animals are defined as animals that are individually trained to do work or perform tasks for people with disabilities. The ADA requires restaurants and other places of public accommodation to permit individuals with disabilities to be accompanied by their service animals in all areas where members of the public, customers, patrons, or invitees are allowed to go.  The law also prohibits inquiries into the details of a person’s disability, in connection with their use of a service animal, and forbids demands for documentation relating to certification, training, or licensure of the service animal.

“Under the ADA, individuals with disabilities are legally entitled to proper accommodations in public areas,” said Robert M. Duncan Jr., United States Attorney for the Eastern District of Kentucky. “It is critically important that we protect these rights and ensure proper public access to everyone. We appreciate the assistance of Casa Fiesta in quickly resolving this matter, and in undertaking steps to ensure proper access at their restaurant.” 

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

For additional information on the ADA or to file an online complaint, visit the ADA’s website at www.ada.gov. More information about the Civil Rights Division and the laws it enforces is available at www.justice.gov/crt.

— END —

LONDON, Ky. - A Somerset, Kentucky, man, Michael Davidson, 33, was sentenced in federal court on Thursday, to 85 months in prison, by U.S. District Court Judge Robert Wier, for conspiracy to distributing 50 grams or more of methamphetamine and 40 grams or more of fentanyl.

According to his guilty plea agreement, Davidson admitted that, from October 2018 through February 5, 2019, he conspired with others to distribute methamphetamine and fentanyl.  Specifically, Davidson would travel to Dayton, Ohio, to meet with a co-conspirator who was his source of supply for the drugs. Davison and his co-consiprator would then return to Pulaski County, where they distributed the drugs.

Davidson’s co-conspirators were sentenced May and June 2020. Shumaure De’Quan, 27, of Dayton, Ohio, was sentenced to 120 months and five years of supervised release. Dennis Shumaker, 61, of Somerset, was sentenced to 60 months and five years of supervised release. Tommy W. Vaughn, 42, of Somerset, was sentenced to 128 months and eight years of supervised release.  

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

Robert M. Duncan, Jr., United States Attorney for the Eastern District of Kentucky; James Robert Brown, Jr., Special Agent in Charge, FBI, Louisville Field Office; and Sheriff Greg Speck, Pulaski County Sheriff’s Office, jointly made the announcement. 

The investigation was directed by the FBI and Pulaski County Sheriff’s Office. The United States was represented by Assistant U.S. Attorney Jenna Reed.

The year 2020 marks the 150th anniversary of the Department of Justice. Learn more about the history of our agency at www.Justice.gov/Celebrating150Years.

— END —

PIKEVILLE, Ky. – A Red Fox, Kentucky man, Michael Slone, 43, was sentenced to 120 months in federal prison on Tuesday, by U.S. District Judge Robert Wier, after previously admitting to conspiring with others to distribute 500 grams or more of methamphetamine.           

According to his plea agreement, beginning in November 2017 and continuing through March 12, 2018, Slone conspired with Samantha Collins, 38, Danny Collins, 65, Kevin Quillen, 44, and Sabrina Chaffins, 46, to distribute 500 grams or more of methamphetamine. Specifically, Slone admitted to traveling to Louisville, on several occasions with a co-conspirator, to purchase pound-level quantities of methamphetamine from a source of supply. Slone would then return to Eastern Kentucky and resell the methamphetamine.

Slone is the fourth co-conspirator to be sentenced. The last co-conspirator, Chaffins, will be sentenced on November 10, 2020. The other co-conspirators have received the following sentences:

• Samantha Collins received 184 months in prison and five years of supervised release.
• Danny Collins received 251 months in prison and 10 years of supervised release.
• Kevin Quillen received 60 months in prison and four years of supervised release.

Under federal law, Slone and his co-conspirators must serve 85 percent of their prison sentences.  Slone will also be under the supervision of the U.S. Probation Office for five years, following his release.

Robert M. Duncan, Jr., United States Attorney for the Eastern District of Kentucky; Shawn Morrow, Special Agent in Charge for ATF, Louisville Field Division; Commissioner Rodney Brewer, Kentucky State Police; Sheriff Mike Worrell, Letcher County Sheriff, jointly announced the sentences.

The investigation was directed by ATF, Kentucky State Police, and Letcher County Sheriff’s Office. The United States was represented by Assistant U.S. Attorney Jenna Reed.

The year 2020 marks the 150th anniversary of the Department of Justice. Learn more about the history of our agency at www.Justice.gov/Celebrating150Years.

— END —

FRANKFORT, Ky.- A Montgomery County, Ky., man, Scotty Allen Jones, 48, pleaded guilty yesterday, before U.S. District Judge Gregory Van Tatenhove, to distributing a fentanyl and heroin mixture, possessing 10 grams of acetylfentanyl with intent to distribute, possessing a firearm in furtherance of drug trafficking, and being a felon in possession of firearms.

As part of his plea agreement, Jones admitted that in September 2018 he sold quantities of heroin and fentanyl mixtures to a confidential informant who was working with law enforcement. During one of the drug transactions, Jones admitted to possessing a firearm for the purpose of furthering his drug trafficking  

Jones also admitted in his plea agreement to pawning at least two firearms at a local pawn shop in Mt. Sterling, Kentucky, in February 2019.  Jones has prior felony convictions for drug trafficking and burglary, and was prohibited from possessing  firearms.

In March 2019, officers with the Kentucky Department of Fish and Wildlife attempted to arrest Jones on several outstanding warrants while Jones was at a gas station in Jeffersonville, Kentucky. Jones fled from the officers, and after both a vehicle and short foot pursuit, Jones was apprehended. Upon his arrest, Jones was found in possession of 10 grams of acetylfentanyl, a Schedule I controlled substance. As part of his plea agreement, Jones admitted that intended to distribute the acetylfentanyl in his possession.

Jones also admitted in his plea agreement to possessing eight firearms discovered by law enforcement during a search of barn in Jeffersonville, Kentucky, in April 2019.                        

Jones was indicted in July 2019.

Robert M. Duncan, Jr., United States Attorney for the Eastern District of Kentucky; Shawn Morrow, Special Agent in Charge, ATF, Louisville Field Division; Commissioner Rodney Brewer, Kentucky State Police; and Colonel Eric Gibson, Law Enforcement Director, Kentucky Department of Fish and Wildlife jointly announced the guilty plea.

The investigation was conducted by ATF, KSP, and the KY Dept. of Fish and Wildlife. The United States was represented by Assistant U.S. Attorney Francisco Villalobos. 

Jones is scheduled to be sentenced on December 10. He faces a minimum sentence of at least 10 years (5 years minimum on the possession with intent to distribute acetylfentanyl charge,  and 5 years consecutive for the possession of firearm in furtherance of drug trafficking charge), and maximum sentence of up to life imprisonment for the commission of these offenses. However, any sentence will be imposed by the Court after consideration of the U.S. Sentencing Guidelines and the federal sentencing statutes.

This is another 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. 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 Robert Duncan Jr., coordinates PSN efforts in cooperation with various federal, state, and local law enforcement officials.

This case is also part of Project Guardian, the Department of Justice’s signature initiative to reduce gun violence and enforce federal firearms laws. Initiated by the Attorney General in the fall of 2019, Project Guardian draws upon the Department’s past successful programs to reduce gun violence; enhances coordination of federal, state, local, and tribal authorities in investigating and prosecuting gun crimes; improves information-sharing by the Bureau of Alcohol, Tobacco, Firearms and Explosives when a prohibited individual attempts to purchase a firearm and is denied by the National Instant Criminal Background Check System (NICS), to include taking appropriate actions when a prospective purchaser is denied by the NICS for mental health reasons; and ensures that federal resources are directed at the criminals posing the greatest threat to our communities. Click here for more information about Project Guardian.

— END —

LONDON, Ky. – A Somerset, Ky., man, Rodney Scott Phelps, 58, was sentenced to 108 months in federal prison on Tuesday, by U.S. District Judge Claria Horn Boom, for conspiring to commit wire fraud and committing wire fraud by perpetrating a complex Ponzi scheme. Phelps was also ordered to pay restitution in the amount of $2,437,875.30   

From January 2012 through October 2014, Phelps and co-defendant Jason Castenir defrauded 13 victims out of over $2.4 million, through three fake investment schemes. According to the evidence presented at Phelps’ trial and other court documents, Phelps and Castenir created Maverick Asset Management LLC (“MAM”) in 2012, as a private-equity firm located in Somerset, Kentucky. Beginning around this time, and continuing until late 2014, Castenir and Phelps convinced a number of investors from across the country, including in Washington State, Ohio, Arizona, and Nevada, to invest in an opportunity to obtain an oil concession from the government of Belize. They boasted of vast experience in successful oil exploration ventures and promised investors royalties on any oil extracted and a considerable interest rate on their investment, all of which was to be backed by Phelps’s multi-million dollar trust, in the name of Phelps Family Trust. Investors raised hundreds of thousands of dollars for this investment, wiring those funds to MAM in Kentucky. Evidence at trial revealed that Phelps and Castenir had little experience with successful oil ventures; there was no sizeable Phelps Family Trust; and they used the money they raised for MAM operating expenses, to pay themselves, and to make Ponzi payments back to other victim-investors.          

In a related scheme, Phelps convinced three victims from Tennessee to invest roughly $1.2 million with MAM to trade on various commodities markets, again boasting of MAM’s vast experience successfully trading on these markets, including with funds from the Phelps Family Trust, and convincing victims that the Phelps Family Trust backed their investment. Phelps and Castenir invested roughly one-third of this money on commodities markets, losing almost all of it in short measure, but sent victims accounting statements detailing profits on their investments. Phelps and Castenir spent the rest of the money on MAM operating expenses, personal profit, and Ponzi payments to other victim-investors.

In a third scheme, Phelps convinced two victims from Tennessee to pay $1 million to an escrow account earmarked for initiating the purchase of a casino in Tunica, Mississippi. Phelps had committed to likewise pay $1 million from the Phelps Family Trust to match the victim investment, but never did. Instead, Phelps and Castenir took this money from the escrow account to pay MAM operating expenses, invest on commodities and stock markets, personally profit, and for Ponzi payments to other victim-investors.

In September 2019, after an eight day jury trial, Phelps was convicted of one count of conspiring to commit wire fraud and twelve counts of wire fraud.

Castenir pled guilty to conspiring to commit wire fraud, commodities fraud, and money laundering, in August 2017, and is scheduled for sentencing in September 2020.  He faces a maximum sentence of imprisonment of 20 years for wire fraud, and 10 years each for the commodities fraud and money laundering.

Under federal law, Phelps must serve 85 percent of his prison sentence; and upon his release, they will be under the supervision of the United States Probation Office for three years.

“Scott Phelps engaged in a long-running and multifaceted Ponzi scheme to defraud investors, using the money received to continue his fraudulent plans and personally profit by stealing from investors,” said Robert M. Duncan, Jr., United States Attorney for the Eastern District of Kentucky.  “The sentence imposed reflects the seriousness of Phelps’ criminal conduct.” 

“The defendants perpetrated a massive investment fraud scheme that was laced with a web of financial lies which generated millions of dollars through false promises and deceit,” said Special Agent in Charge Bryant Jackson, IRS-Criminal Investigation, Cincinnati Field Office. “When you knowingly mix deceit and trickery into the financial well-being of individuals, you create a recipe for devastation that could last a lifetime. Investigations of this magnitude would not be successful without the collaborative efforts of the prosecutors and agents who investigated this case.”

“Abusing the trust placed in him by dozens of investors, Rodney Phelps engaged in multiple fraudulent investment schemes over the course of several years,” said Special Agent in Charge Robert Brown, FBI Louisville Field Office.  “As his sentence reflects, the FBI and our partners remain firmly committed to holding accountable those who choose to victimize the public for their own financial gain.”

United States Attorney Duncan; James Robert Brown Special Agent in Charge of the Federal Bureau of Investigation-Louisville Division; and Bryant Jackson, Special Agent in Charge of the IRS-CI Cincinnati Field Office, jointly announced the sentencing.

The investigation was conducted by the Federal Bureau of Investigation, with assistance from the Commodities and Futures Trading Commission and the Internal Revenue Service-Criminal Investigation. The United States was represented by Assistant United States Attorneys Kathryn M. Anderson and Kenneth R. Taylor.

– END –

LEXINGTON, Ky.– The 30thAnniversary of the Americans with Disabilities Act (the ADA), a critical civil rights law that aims to eliminate discrimination against people with disabilities, was celebrated on Sunday, July 26, 2020, by U.S. Attorney’s Offices nationwide.

The U.S. Attorney’s Office for the Eastern District of Kentucky is proud to play a critical role in the Justice Department’s enforcement efforts under the ADA, which was signed into law on July 26, 1990, and is the nation’s preeminent civil rights law for providing access and equal opportunity for people with disabilities.

“The purpose of the ADA is to provide equal access and equal opportunities for people with disabilities, including by removing physical and social barriers, allowing for full participation in all society has to offer,” said Robert M. Duncan, Jr., United States Attorney for the Eastern District of Kentucky. “Our Office remains committed to investigating and remedying ADA violations to ensure that no American is deprived of opportunities to pursue life, liberty, and happiness.”

The following ADA cases were recently investigated and settled by U.S. Attorney’s Office for the Eastern District of Kentucky:

• A settlement with Tenth Frame Cinemas, LLC, in Mt. Sterling, Ky.; Danville Cinemas, LLC, in Danville, Ky.; Somerset Cinemas, LLC, in Somerset, Ky.; and Morehead Cinemas, LLC, in Morehead, Ky., in which the cinemas agreed to provide sufficient closed captioning technology,  allowing individuals with hearing and/or sight impairments to enjoy newly released movies. Read the press release on the settlement here.
• The Wildwood Inn Tropical Dome and Theme Suites in Florence, Kentucky (“Wildwood Inn”) entered into an agreement with the United States to adopt a Service Animal Policy, train its staff members on ADA requirements for service animals, and post signage permitting service animals. . Read the press release on the settlement here.
• Buddy’s Pizza, LLC, and Crumbaugh, LLC, in Frankfort, Ky., entered into an agreement with the United States to install an ADA accessible entrance ramp at the main entrance and construct a new, accessible bathroom.  In addition, signage at the restaurant will be modified to comply with the ADA’s requirements. Read the press release on the settlement here.

The promise of the ADA is its wide-ranging efforts to eliminate disability discrimination across the range of services, programs, and activities that most Americans take for granted, but were largely inaccessible to individuals with disabilities prior to the law’s enactment. Whether in employment, areas of civic life, or in the day-to-day activities and access to goods and services that we all enjoy – the ADA ensures that individuals with disabilities enjoy the same opportunities as all Americans to participate in everything this nation has to offer.

Over the past 30 years, the United States has undertaken the challenge of changing perceptions about disability, tearing down barriers to equality, and altering the systems that have historically excluded people with disabilities. Today, the Justice Department commemorates the many ways that the ADA has transformed society—by replacing exclusion with access, segregation with integration, and limitations with self-determination.

For more information about the 30th Anniversary of the ADA, please visit www.ada.gov. To file a complaint with the Department, please visit the Civil Rights Division’s portal at https://civilrights.justice.gov/report/. For more information about the ADA, call the Department’s toll-free ADA Information Line at 800-514-0301 or 800-514-0383 (TTY).

The year 2020 marks the 150th anniversary of the Department of Justice.  Learn more about the history of our agency at www.Justice.gov/Celebrating150Years.

# # #

Six former National Football League (NFL) players have been charged in a superseding indictment in the Eastern District of Kentucky for their alleged roles in a nationwide fraud on a health care benefit program for retired NFL players.

Acting Assistant Attorney General Brian C. Rabbitt of the Justice Department’s Criminal Division, U.S. Attorney Robert M. Duncan, Jr. for the Eastern District of Kentucky, and FBI Special Agent in Charge George L. Piro of the Miami Field Office made the announcement.

Darrell Reid, 38, of Farmingdale New Jersey, Antwan Odom, 38, of Irvington, Alabama, Anthony Montgomery, 36, of Cleveland, Ohio, Clinton Portis, 38, of Fort Mill, South Carolina, Tamarick Vanover, 46, of Tallahassee, Florida, and Robert McCune, 41, of Riverdale, Georgia, were charged in the superseding indictment.  Each of the defendants was charged with one count of conspiracy to commit health care fraud and wire fraud.  Reid, Odom, Montgomery, and Portis were also each charged with one count of wire fraud and one count of health care fraud.  Vanover was also charged with two counts of wire fraud and two counts of health care fraud.  And McCune was also charged with 10 counts of wire fraud, 12 counts of health care fraud, and three counts of aggravated identity theft.

McCune and 11 other former NFL players, including Portis and Vanover, were previously charged in the Eastern District of Kentucky in December 2019 for their alleged roles in the fraud. The alleged fraud targeted the Gene Upshaw NFL Player Health Reimbursement Account Plan (the Plan), which was established pursuant to the 2006 collective bargaining agreement and provided for tax-free reimbursement of out-of-pocket medical care expenses that were not covered by insurance and that were incurred by former players, their wives and their dependents – up to a maximum of $350,000 per player.  According to the charging documents, over $3.9 million in false and fraudulent claims were submitted to the Plan, and the Plan paid out over $3.4 million on those claims between June 2017 and December 2018.

Since the initial charges were announced, seven of the defendants have entered guilty pleas.  Correll Buckhalter, James Butler, Joseph Horn, Etric Pruitt, Ceandris Brown, John Eubanks and Donald “Reche” Caldwell, who passed away in June, each pleaded guilty to conspiracy to commit health care fraud.  On June 22, 2020, Brown was sentenced for his role in the scheme to a term of incarceration of 12 months and one day.  Sentencing for the remaining defendants is pending.

The superseding indictment adds Reid, Odom, and Montgomery as defendants for their roles in the scheme, and it adds additional charges against McCune:  three counts of aggravated identity theft for McCune’s unlawful use of the identity of other persons as part of this scheme; and two counts of health care fraud for a scheme whereby McCune allegedly submitted or caused the submission of false and fraudulent claims to the Plan on his own behalf.

The superseding indictment alleges that the scheme to defraud involved the submission of false and fraudulent claims to the Plan for expensive medical equipment – typically between $40,000 and $50,000 for each claim – that was never purchased or received.  The expensive medical equipment described on the false and fraudulent claims included hyperbaric oxygen chambers, cryotherapy machines, ultrasound machines designed for use by a doctor’s office to conduct women’s health examinations and electromagnetic therapy devices designed for use on horses. 

The superseding indictment further alleges that McCune, Vanover, and others recruited other players into the scheme by offering to submit or cause the submission of these false and fraudulent claims in exchange for kickbacks and bribes that ranged from a few thousand dollars to $10,000 or more per claim submitted.  As part of the scheme, the defendants allegedly fabricated supporting documentation for the claims, including invoices, prescriptions and letters of medical necessity. 

This case was investigated by the FBI and is being prosecuted by the Health Care Fraud Unit of the Criminal Division’s Fraud Section and the U.S. Attorney’s Office for the Eastern District of Kentucky.  The investigation included efforts by various FBI Field Offices and Resident Agencies, including: Augusta, Georgia; Birmingham and Mobile, Alabama; Cleveland, Ohio; Chicago, Illinois; Columbia, South Carolina; Dallas and Houston, Texas; Denver, Colorado; Jackson, Mississippi; Lexington, Kentucky; New Orleans, Louisiana; Miami, Jacksonville and Tampa, Florida; Newark, New Jersey; Los Angeles, San Diego, Sacramento and Newport Beach, California; Phoenix, Arizona; Salt Lake City, Utah and Washington, D.C. 

Trial Attorneys John (Fritz) Scanlon, Alexander J. Kramer and Thomas J. Tynan of the Criminal Division’s Fraud Section and Assistant U.S. Attorneys Paul C. McCaffrey and Andrew E. Smith of the Eastern District of Kentucky are prosecuting the cases. 

The year 2020 marks the 150th anniversary of the Department of Justice.  Learn more about the history of our agency at www.Justice.gov/Celebrating150Years.

LONDON, Ky. - Two defendants, Jordan Allen Otis, 26, and Tiffany Louis Walsh, 34, were sentenced in federal court this week, to 360 months and 108 months in federal prison respectively, by U.S. District Judge Robert Wier for labor trafficking charges. Otis had previously pled guilty to using force and threats of force to obtain labor and services, and Walsh had previously pled guilty to benefiting financially from labor trafficking.

According to their plea agreements, Otis and Walsh used threats of physical force to compel minor victims to make various homemade items and sell those items, by walking door to door for approximately six hours a day. Otis also admitted to forcing the victims to hand out flyers he made, which offered various services the victims would provide for payment. Otis further admitted that, if the victims did not comply, they had to choose a punishment from a “punishment jar,” which was filled with handwritten punishments he would impose. Otis kept all or most of the money for himself, and using it to purchase electronics, cigarettes and food for himself and Walsh. Their criminal conduct occurred from March 2016 through May 2017, in Hazard, Kentucky, and other locations, including Tennessee and South Carolina.

 “Protecting the most vulnerable, including children, from harm is a fundamental priority for law enforcement. Because of the dedicated work of FBI and KSP personnel, the defendants were held accountable for their crimes,” said Robert M. Duncan, Jr., United States Attorney for the Eastern District of Kentucky. “The lengthy sentences imposed underscore the seriousness of the conduct and help ensure the defendants are not able to victimize others for the foreseeable future.”

Under federal law, Otis and Walsh must serve 85 percent of their prison sentences and upon their release will be under the supervision of the U.S. Probation Office for three years.

 U.S. Attorney Duncan; James Robert Brown, Special Agent in Charge, FBI, Louisville Field Office; and Commissioner Rodney Brewer, Kentucky State Police, jointly made the announcement. 

The investigation was directed by the FBI and KSP. The United States was represented by Assistant U.S. Attorney Hydee Hawkins.

The year 2020 marks the 150th anniversary of the Department of Justice. Learn more about the history of our agency at www.Justice.gov/Celebrating150Years.

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LONDON, Ky. - A Mt, Vernon, Kentucky, man was convicted Thursday by a federal jury in London for violating the civil rights of an inmate under custody.

After seven hours of deliberation, following a four-day trial, the jury convicted 25-year-old Derek Steven Clark, a former Deputy Jailer at the Rockcastle County Detention Center, from Mt. Vernon, Kentucky, of two counts of injuring, oppressing, threatening, and intimidating a victim, an arrestee, and one count of making a false entry in a record or document intending to impede or influence the investigation of the matter within a federal jurisdiction. 

According to testimony at trial, Clark and others placed an inmate victim into a restraint chair. Clark then aided and commanded the assault of the victim by another, which resulted in bodily injury. Afterwards, Clark completed an official incident report to document the incident. In completing that report, Clark falsely wrote that after he and others placed the victim in the restraint chair, the victim began spitting at deputy jailers, causing two inmates to intervene. Clark’s false report indicated one inmate instinctively slapped the victim which caused the victim’s lip to bleed, and that the victim then spit blood, causing the inmate to punch the victim.

Evidence at trial established that, in truth, Clark and others placed the victim into the restraint chair, and the victim did not become physically combative or spit at deputies, before being punched by the inmate.

Clark was indicted in December 2019.           

Robert M. Duncan, Jr., United States Attorney for the Eastern District of Kentucky, and James Robert Brown, Special Agent in Charge, FBI, Louisville Field Office, jointly announced the conviction.

The investigation was conducted by the FBI. The United States was represented in the case by Assistant U.S. Attorney Hydee Hawkins.  

Clark will appear for sentencing on November 18, 2020. He faces a maximum of ten years in prison for Count 1 and 2, and a maximum of 20 years in prison for Count 3. However, the Court must consider the U.S. Sentencing Guidelines and the applicable federal sentencing statutes before imposing a sentence.

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LEXINGTON, KY- A Lexington, Kentucky, woman, Paige Cagle, 26, was sentenced in federal court on Thursday to 300 months in prison, by U.S. District Judge Karen Caldwell, after previously admitting using a minor to engage in explicit conduct for the purpose of producing child pornography.

According to Cagle’s plea agreement, on March 1, 2019, officers were informed from a third party that he had received pornographic images from Cagle involving children. Cagle admitted to officers that on 4 to 5 occasions, she had sexually abused a minor child from the age of 9 months to approximately 1.5 years old. Cagle further admitted that she made two videos of the sexual abuse while in Joplin, Missouri, and three videos of the sexual abuse while in Clark County, Kentucky. Cagle admitted to sharing the videos she made with others via Dropbox. Cagle further admitted that she possessed additional images of child pornography, specifically images of female children ages 4 to 13 years of age, in her Dropbox account and admitted that she would give out her Dropbox password, so that others could upload images into her account.

Cagle pleaded guilty in January 2020.

“The defendant’s production of child pornography was particularly heinous, and the sentence imposed was well justified by the facts of this case,” said Robert M. Duncan, Jr., United States Attorney for the Eastern District of Kentucky.           

 Under federal law, Cagle must serve 85 percent of her prison sentence and upon release from prison will be under the supervision of the U.S. Probation Office for life.

United States Attorney Duncan; Jerry Templet, Special Agent in Charge for Homeland Security Investigations; and Commissioner Rodney Brewer, Kentucky State Police, jointly announced the guilty plea.

The investigation was directed by Homeland Security Investigations and KSP. The United States was represented by Assistant U.S. Attorney Lauren Tanner Bradley.

This case was brought 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.           

The year 2020 marks the 150th anniversary of the Department of Justice.  Learn more about the history of our agency at www.Justice.gov/Celebrating150Years.

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FRANKFORT, Ky. - A Versailles, Kentucky, man, Timothy Wayne Wellman, 66, was sentenced in federal court on Thursday, to 12 months and one day in federal prison, by U.S. District Judge Greg Van Tatenhove, after previously being convicted of 11 counts involving obstructing justice, aiding and abetting the obstruction of a federal grand jury, and aiding and abetting individuals in making false statements to the FBI.           

 According to testimony at trial, Wellman requested that multiple employees of CRM Companies (CRM) donate money to the campaigns of two city council members and then reimbursed them for their donation. He later asked the employees to give false information to the FBI, who was conducting an investigation into public corruption allegations, by encouraging the employees to lie about reasons for the reimbursement checks and, in some instances, asking them to create false documents (including ledgers and tax forms) to support their false stories.           

Wellman was convicted in February 2020 after a five-day jury trial.

“A jury convicted the defendant of obstructing justice by counseling others to lie and create false documents, and hiding the truth from federal investigators and a federal grand jury,” said Robert M. Duncan, Jr., United States Attorney for the Eastern District of Kentucky. “Obstructing federal law enforcement and grand jury investigations undermines the foundation of our criminal justice system. We will continue to prioritize the investigation and prosecution of these important cases.”   

Under federal law, Wellman must serve 85 percent of his prison sentence and upon his release will be under the supervision of the U.S. Probation Office for three years. In addition to his prison sentence, Wellman must also pay fine of $10,000. 

Robert M. Duncan, Jr., United States Attorney for the Eastern District of Kentucky, and James Robert Brown, Special Agent in Charge for the FBI, Louisville Field Office, jointly made the announcement. 

The investigation was directed by the FBI. The United States was represented by Assistant U.S. Attorneys Erin Roth and Ken Taylor.

 The year 2020 marks the 150th anniversary of the Department of Justice.  Learn more about the history of our agency at www.Justice.gov/Celebrating150Years.

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FRANKFORT, Ky.- A Frankfort, Ky., man, Ricky Joe Cornish Jr., 33, pleaded guilty in federal court on Thursday, before U.S. District Judge Gregory F. VanTatenhove, to using the internet to attempt to persuade, induce, or entice a minor to engage in sexual activity.            .

According to his plea agreement, on May 16, 2019, Cornish contacted an individual who self-identified as a 15-year-old female living in Franklin County, Kentucky, using the MeetMe/Skout messenger application over the Internet, on his cellular telephone.  The person Cornish contacted was, in reality, an adult male investigator with the Kentucky Office of the Attorney General’s Cyber Crimes Branch (“the UC”). The UC indicated that her 17-year-old female cousin was with her, and Cornish expressed interest in having sex with the 17-year-old.

Later on May 16, 2019, Cornish drove to an agreed upon hotel, in order to meet the UC and engage in criminal sexual activity. When Cornish arrived at the agreed-upon meeting place in Franklin County, he was arrested by law enforcement. Law enforcement examined his cell phone, which revealed the conversation with the UC, as well as a similar conversation with another presumably minor female.                         

Cornish was indicted in March 2020.

Robert M. Duncan, Jr., United States Attorney for the Eastern District of Kentucky; Ralph Gerds, Assistant Special Agent in Charge, U.S. Secret Service Louisville Field Division; and Daniel Cameron, Attorney General for the Commonwealth of Kentucky, jointly announced the conviction.

The investigation was conducted by United States Secret Service and Kentucky Attorney General’s Cyber Crimes Branch. The U.S. Attorney’s Office was represented by Assistant U.S. Attorney David Marye. 

Cornish is scheduled to be sentenced on December 8 in Lexington. He faces a minimum of 10 years and a maximum of life in prison, and a maximum fine of $250,000.  However, any sentence will be imposed by the Court after consideration of the U.S. Sentencing Guidelines and the federal sentencing statutes. 

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COVINGTON, Ky. - A Cincinnati man, Quintin Tyler Brian Davis, 37, was sentenced in federal court on Tuesday, to 288 months in prison, by U.S. District Judge David Bunning, after previous being convicted of conspiracy to distribute 400 grams or more of fentanyl and one kilogram or more of heroin, and possession with the intent to distribute.

According to testimony at trial, Davis conspired with Ronnie Teets and Donald Hoffman to distribute kilograms of fentanyl and heroin, which were received through delivery services, cut the substances with lactose, and distributed them in the Greater Cincinnati area.  Agents seized more than $100,000 in currency, a loaded handgun, and several quantities of heroin and fentanyl from locations in Cincinnati and Florence, Kentucky, in August of 2018. 

Davis, Teets, and Hoffman were indicted in December 2018.  Davis’ co-defendants previously pleaded guilty to conspiracy charges.  Teets was sentenced to 192 months in federal prison, in March 2020, and Hoffman was sentenced to 72 months in federal prison, in June 2020.           

Under federal law, Davis, Teets, and Hoffman must serve 85 percent of their prison sentences; and upon their release, they will be under the supervision of the U.S. Probation Office for five years.           

“Fentanyl and heroin cause misery and death for many in our communities, and the defendants in this case were distributing a significant amount of these drugs in the Greater Cincinnati and Northern Kentucky region,” said Robert M. Duncan, Jr., United States Attorney for the Eastern District of Kentucky.  “Because of the cooperation and coordination of several law enforcement agencies, their drug trafficking business was dismantled and deadly drugs were removed from the community. The sentences imposed should also serve as a warning that, if you are convicted of trafficking in illegal opioids, you face significant time in federal prison.”

U.S. Attorney Duncan; Keith Martin, Special Agent in Charge, DEA Detroit Field Division; Director Christopher Conners, Northern Kentucky Drug Strike Force; and Chief Eliot Isaac, Cincinnati Police Department, jointly announced the sentences.

The investigation was conducted by the DEA, the Northern Kentucky Drug Strike Force, and Cincinnati Police Department.  The United States was represented in the case by Assistant U.S. Attorney Tony Bracke. 

The year 2020 marks the 150th anniversary of the Department of Justice.  Learn more about the history of our agency at www.Justice.gov/Celebrating150Years.

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FRANKFORT, Ky. – Two men were sentenced today to 21 months in federal prison and 3 years probation with 9 months served in a halfway house, respectively, for orchestrating a multi-year scheme to funnel more than $200,000 in secret, unlawful corporate contributions into a campaign for United States Senate and for causing the concealment of those contributions from the Federal Election Commission (FEC).

Gerald G. Lundergan, 73, of Lexington, Kentucky, was sentenced to 21 months in prison, to be followed by two years of supervised release, and ordered to pay a fine of $150,000. Co-defendant Dale C. Emmons, 67, of Richmond, Kentucky, was sentenced to three years probation, with nine months served in a halfway house, and ordered to pay a fine of $50,000. The defendants were sentenced before the Honorable Gregory F. Van Tatenhove of the U.S. District Court for the Eastern District of Kentucky.

On Sept. 12, 2019, following a five-week trial, a jury convicted Lundergan of one count of conspiracy, one count of making corporate campaign contributions, four counts of causing the submission of false statements to the FEC and four counts of causing the falsification of documents with the intent to obstruct and impede a matter within the FEC’s jurisdiction.  The jury convicted Emmons of one count of conspiracy, one count of making corporate campaign contributions, two counts of causing the submission of false statements and two counts of causing the falsification of documents with the intent to obstruct and impede.

According to the evidence presented at trial, Lundergan used the funds of S.R. Holding Company Inc. (S.R. Holding), a company he owned, to pay for services provided by consultants and vendors to a campaign for a U.S. Senate seat in the 2014 election cycle.  The candidate for this seat was Lundergan’s daughter, Alison Lundergan Grimes.  The evidence established that Lundergan caused the issuance of a number of payments from S.R. Holding funds for services that included audio-video production, lighting, recorded telephone calls and campaign consulting, between July 2013 and December 2015.

The corporate contributions also included monthly payments from S.R. Holding to Emmons and his company during this period.  Emmons provided services to the campaign and sought and received compensation from Lundergan and S.R. Holding.  Emmons also used the funds of his corporation, Emmons & Company Inc., to pay other vendors and a campaign worker for services rendered to the campaign.  Those services included recorded telephone calls, technological support services, and other campaign-related expenses.

The evidence established that Lundergan and Emmons concealed these activities from other officials associated with the campaign.  Their concealments caused the campaign unwittingly to file false reports with the FEC because the reports failed to disclose the source and amount of the corporate contributions.

"This case should underscore the fundamental principle that breaking the law has consequences. The defendants circumvented the campaign finance laws, by knowingly making over $200,000 in unlawful corporate campaign contributions and causing false filings to be submitted to the Federal Election Commission. These are important laws that regulate the integrity of our elections. A jury convicted them, and the Court has now sentenced them for their crimes,” said Robert M. Duncan Jr., U.S. Attorney for the Eastern District of Kentucky. "I commend the FBI for their thorough investigation, and the members of the prosecution team for their dedication to enforcing the law and in presenting this important case."           

"Kentuckians place a great deal of trust in the political process. Regardless of the perpetrator’s position or status, when that trust is broken by corrupt individuals, law enforcement has a duty to protect the people's interests. Today's sentence demonstrates that no one is above the law and we will rigorously pursue anyone who tries to undermine the strength of our democracy." said Special Agent in Charge Robert Brown, FBI Louisville Field Office.

Acting Assistant Attorney General Brian C. Rabbitt of the Justice Department’s Criminal Division, U.S. Attorney Robert M. Duncan Jr. of the Eastern District of Kentucky, and Special Agent in Charge James Robert Brown Jr. of the FBI’s Louisville Field Office made the announcement.

The FBI investigated the case. Deputy Chief Robert J. Heberle of the Criminal Division’s Public Integrity Section and Assistant U.S. Attorneys Andrew T. Boone and Kate K. Smith of the Eastern District of Kentucky are prosecuting the case. 

The year 2020 marks the 150th anniversary of the Department of Justice.  Learn more about the history of our agency at www.Justice.gov/Celebrating150Years.

# # #

A Kentucky man was sentenced today to 21 months in prison followed by two years of supervised release for his role in orchestrating a multi-year scheme to funnel more than $200,000 in secret, unlawful corporate contributions into a campaign for United States Senate and for causing the concealment of those contributions from the Federal Election Commission (FEC).

Acting Assistant Attorney General Brian C. Rabbitt of the Justice Department’s Criminal Division, U.S. Attorney Robert M. Duncan Jr. of the Eastern District of Kentucky, and Special Agent in Charge James Robert Brown Jr. of the FBI’s Louisville Field Office made the announcement.

Gerald G. Lundergan, 73, of Lexington, Kentucky, was sentenced before U.S. District Judge Gregory F. Van Tatenhove of the U.S. District Court for the Eastern District of Kentucky.

On Sept. 12, 2019, following a five-week trial, a jury convicted Lundergan of one count of conspiracy, one count of making corporate campaign contributions, four counts of causing the submission of false statements to the FEC and four counts of causing the falsification of documents with the intent to obstruct and impede a matter within the FEC’s jurisdiction. 

According to the evidence presented at trial, Lundergan used the funds of S.R. Holding Company Inc. (S.R. Holding), a company he owned, to pay for services provided by consultants and vendors to a campaign for a U.S. Senate seat in the 2014 election cycle.  The candidate for this seat was Lundergan’s daughter, Alison Lundergan Grimes.  The evidence established that Lundergan caused the issuance of a number of payments from S.R. Holding funds for services that included audio-video production, lighting, recorded telephone calls and campaign consulting, between July 2013 and December 2015.

The corporate contributions also included monthly payments from S.R. Holding to co-conspirator Dale C. Emmons and his company during this period.  Emmons provided services to the campaign and sought and received compensation from Lundergan and S.R. Holding.  Emmons also used the funds of his corporation, Emmons & Company Inc., to pay other vendors and a campaign worker for services rendered to the campaign.  Those services included recorded telephone calls, technological support services, and other campaign-related expenses.

The evidence established that Lundergan and Emmons concealed these activities from other officials associated with the campaign.  Their concealments caused the campaign unwittingly to file false reports with the FEC because the reports failed to disclose the source and amount of the corporate contributions.

The FBI investigated the case.  Deputy Chief Robert J. Heberle of the Criminal Division’s Public Integrity Section and Assistant U.S. Attorneys Andrew T. Boone and Kate K. Smith of the Eastern District of Kentucky are prosecuting the case. 

The year 2020 marks the 150th anniversary of the Department of Justice.  Learn more about the history of our agency at www.Justice.gov/Celebrating150Years.

LEXINGTON, Ky. - A Lexington, Ky., man, Kenneth Mitchell, 27, pleaded guilty in federal court on Tuesday, before Chief U.S. District Judge Danny Reeves, to being a convicted felon in possession of a firearm.  

According to Mitchell’s plea agreement, on December 9, 2019, officers responded to a firearm being discharged at an apartment complex in Lexington, where officers located Mitchell and a female victim. Mitchell admitted that prior to police arriving, he had taken the firearm to a nearby fence line to hide it, where law enforcement later recovered it. Mitchell further admitted that he knowingly possessed the firearm and that he was prohibited from possessing it, as a convicted felon.      

Mitchell was indicted in February 2020. Mitchell had previously been convicted, in May 2019, of Wanton Endangerment, in Fayette County Circuit Court. 

Robert M. Duncan, Jr., United States Attorney for the Eastern District of Kentucky; Shawn Morrow, Special Agent in Charge, ATF Louisville Field Division; and Chief Lawrence Weathers, Lexington Police Department, jointly announced the guilty plea.

The investigation was conducted by the ATF and Lexington Police Department. The United States was represented by Assistant U.S. Attorney Francisco Villalobos II.  

Mitchell faces up to 10 years in prison and a maximum fine of $250,000. However, any sentence will be imposed by the Court after consideration of the U.S. Sentencing Guidelines and the federal sentencing statutes.            

This is another 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. 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 Robert Duncan Jr., coordinates PSN efforts in cooperation with various federal, state, and local law enforcement officials.

This case is also part of Project Guardian, the Department of Justice’s signature initiative to reduce gun violence and enforce federal firearms laws. Initiated by the Attorney General in the fall of 2019, Project Guardian draws upon the Department’s past successful programs to reduce gun violence; enhances coordination of federal, state, local, and tribal authorities in investigating and prosecuting gun crimes; improves information-sharing by the Bureau of Alcohol, Tobacco, Firearms and Explosives when a prohibited individual attempts to purchase a firearm and is denied by the National Instant Criminal Background Check System (NICS), to include taking appropriate actions when a prospective purchaser is denied by the NICS for mental health reasons; and ensures that federal resources are directed at the criminals posing the greatest threat to our communities. Click here for more information about Project Guardian.

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PIKEVILLE, Ky. – A Pikeville man, Ernest Ray, 56, was sentenced Monday, to 156 months in federal prison, by U.S. District Judge Karen Caldwell, after previously pleading guilty to five counts of recruiting, enticing, harboring, transporting, providing, and maintaining minors to engage in commercial sexual acts. 

According to his plea agreement, Ray admitted that he provided five minors alcohol, cigarettes, money, and drugs (i.e., marijuana), in exchange for the minors engaging in sexual acts in front of the Defendant. Ernest admitted that, on numerous occasions, he drove the minors to a rural location for the purpose of having them engage in these sexual acts. Some of the sexual acts also took place at his residence.

Ray pleaded guilty in June 2019. 

Under federal law, Ray must serve 85 percent of his prison sentence; and upon his release, he will be under the supervision of the United States Probation Office for life.  Additionally, Ray will be required to pay $60,000, in lieu of forfeiture of the real property and vehicles used in the crimes.

 Robert M. Duncan, Jr., U.S. Attorney for the Eastern District of Kentucky, and James Robert Brown, Special Agent in Charge, FBI, Louisville Field Office, jointly made the announcement.

The investigation was conducted by the FBI.  The United States was represented in the case by Assistant U.S. Attorney Hydee Hawkins.

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FRANKFORT, Ky. - Richard Simpson, 33, of Danville, Kentucky, was sentenced to 120 months in federal prison on Friday, before U.S. District Judge Gregory Van Tatenhove, after previously admitting that he distributed heroin and was illegally in possession of a firearm as a convicted felon. 

Simpson admitted that, on August 19, 2018, he was in his vehicle at a motel parking lot, when law enforcement officers arrested him on an outstanding warrant for a parole violation.  Upon Simpson’s arrest, officers found him in possession of 3.5 grams of heroin and $5,150 in cash, along with a .45 caliber pistol.  Simpson further admitted that inside his motel room he had additional heroin, methamphetamine, and another firearm.  During a search of the room, officers located 13.066 grams of heroin, 19 grams of methamphetamine, and a .22 caliber pistol.   Simpson admitted to possessing the heroin and methamphetamine with intent to distribute, and to unlawfully possessing firearms.                        

Simpson pleaded guilty in February 2020.

Simpson has previously been convicted of five felony offenses:  Possession of a Controlled Substance First Degree, in 2018; Trafficking in a Controlled Substance First Degree (two counts), in 2013; Burglary Third Degree and Criminal Mischief, in 2006; and Possession of a Controlled Substance First Degree, in 2006.

Under federal law, Simpson 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 six years.

Robert M. Duncan, Jr., United States Attorney for the Eastern District of Kentucky; Shawn Morrow, Special Agent in Charge for ATF; and Sheriff Derek Robbins, Boyle County Sherriff’s Department, jointly announced the sentence.

The investigation was conducted by the ATF and the Boyle County Sheriff’s Department.  The United States was represented by Assistant U.S. Attorney Francisco Villalobos II.

This is another 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. 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 Robert Duncan Jr., coordinates PSN efforts in cooperation with various federal, state, and local law enforcement officials.          

This case is also part of Project Guardian, the Department of Justice’s signature initiative to reduce gun violence and enforce federal firearms laws. Initiated by the Attorney General in the fall of 2019, Project Guardian draws upon the Department’s past successful programs to reduce gun violence; enhances coordination of federal, state, local, and tribal authorities in investigating and prosecuting gun crimes; improves information-sharing by the Bureau of Alcohol, Tobacco, Firearms and Explosives when a prohibited individual attempts to purchase a firearm and is denied by the National Instant Criminal Background Check System (NICS), to include taking appropriate actions when a prospective purchaser is denied by the NICS for mental health reasons; and ensures that federal resources are directed at the criminals posing the greatest threat to our communities. Click here for more information about Project Guardian.

The year 2020 marks the 150th anniversary of the Department of Justice. Learn more about the history of our agency at www.Justice.gov/Celebrating150Years.

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FRANKFORT, Ky. – A Shelbyville man, Fei Zhou Tang, 51, was sentenced on Wednesday to three years of probation, with six months on home detention, by U.S. District Court Judge Gregory F. Van Tatenhove, following his guilty plea for committing wage and hour offenses.        

According to his plea agreement, Tang admitted that he knowingly made false statements on the Employer’s Quarterly Wage and Tax Report, by omitting the names of undocumented workers on multiple quarterly unemployment forms and by failing to pay overtime wages to workers who had worked more than forty hours in a week. Fei Zhou Tang failed to pay a total of $229,207.26 in required overtime and minimum wages to six employees.                       

Fei Zhou Tang was initially indicted in July 2018. He pleaded guilty on October 31, 2019.

In addition to his prison sentence, Tang was also ordered to pay restitution to the employees, in the amount of $225,582.26; ordered to forfeit $170,500.00, in lieu of forfeiture of various real properties and vehicles, and ordered to pay $20,000.00 to the United States Department of Labor, Wage and Hour Division. 

Robert M. Duncan, Jr., United States Attorney for the Eastern District of Kentucky; Jason Crosby, U.S. Department of State, Diplomatic Security Service, Supervisory Special Agent, Criminal Division Chief; Karen Garnett-Civils, District Director, Department of Labor Wage and Hour Division; Rafiq Ahmad, Special Agent in Charge, DOL Office of Inspector General; Rod Owens, Special Agent in Charge, Social Security Administration, Office of Inspector General; and Kentucky Attorney General Daniel Cameron jointly announced the sentence.

The investigation was conducted by the Department of State, Department of Labor, Social Security Administration, Office of Inspector General, and the Kentucky Office of the Attorney General. The United States was represented by Assistant U.S. Attorneys Hydee Hawkins, David Marye, and Dmitriy Slavin.

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LEXINGTON, Ky. – Dylan Lee Jarrell, of Lawrenceburg, was sentenced Wednesday  to 120 months in federal prison, by United States District Judge Gregory F. Van Tatenhove, for making threats to and intimidating two individuals over social media, illegally possessing a firearm in furtherance of one of those threats, and lying to an FBI agent during an investigation. 

In May 2018, Jarrell used an anonymous Reddit account to make a series of posts suggesting he was planning a school shooting.  The FBI visited Jarrell’s home and questioned him and others about these posts.  Jarrell lied about his internet activities in response to those questions.  Then, over the next few months, Jarrell purchased an AR-15 rifle, a bump stock, high capacity magazines, ammunition, and body armor, each of which he intended to use in a planned attack on Shelby County High School.  Jarrell also considered an alternate plan to murder an individual identified as D.B.  On September 24, 2018, Jarrell used Instagram to send a series of private direct messages to D.B., including a threat to attack D.B. with the AR-15 rifle he possessed at the time.  Lastly, on October 17, 2018, Jarrell sent a series of racially motivated harassing messages to a Facebook account used by a second individual, K.B. 

Federal and state law enforcement confronted Jarrell on October 18, 2018 and searched his mobile phone, among other things and places.  That search revealed evidence of Jarrell’s plans to attack Shelby County High School.  Jarrell was taken into state custody and admitted planning to attack the high school and D.B., and to purchasing the AR-15 rifle as part of his plans.  Jarrell was charged by federal criminal complaint on October 26, 2018 and indicted by federal grand jury on May 2, 2019.  He entered guilty pleas to several federal crimes on November 22, 2019.

“Halted by the work of dedicated law enforcement professionals who confronted and stopped him, Dylan Jarrell was intent on committing horrific acts of violence on innocent people,” said Robert M. Duncan, Jr., United States Attorney for the Eastern District of Kentucky.  “The investigation conducted by KSP and FBI personnel almost certainly saved lives.  The seriousness of Jarrell’s crimes and the danger he presented to the public certainly justify the sentence he received.”

“Hiding behind anonymous social media accounts to intimidate and threaten others is a prevalent issue in today’s world,” said Special Agent in Charge Robert Brown, FBI Louisville Field Office. “After Jarrell lied to federal agents and continued making threats online to both individuals and a school, FBI and KSP investigators successfully intercepted him before a potential mass casualty took place. As this case illustrates, the FBI and our law enforcement partners take online threats seriously and will work together to bring these perpetrators to justice before they harm any citizens of the Commonwealth.” 

“Nothing is more paramount to our agency than the safety of Kentucky’s children,” said Rodney Brewer, Commissioner of Kentucky State Police. “We hope this sends a strong message to anyone who would contemplate a harmful act in one of our schools."

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

U.S. Attorney Duncan, James Robert Brown, Jr., Special Agent in Charge, Federal Bureau of Investigation, and Commissioner Brewer jointly announced the sentence.

The FBI and the Kentucky State Police conducted the investigation.  The United States was represented by Assistant United States Attorney Andrew T. Boone.

– END –

FRANKFORT, Ky. – The U.S Attorney’s Office for the Eastern District of Kentucky and the owner of Buddy’s Pizza, a Frankfort restaurant, have reached an agreement to improve accessibility to the restaurant, for people with disabilities, pursuant to the Americans with Disabilities Act (ADA).

The settlement agreement is between the United States, Buddy’s Pizza, LLC, and Crumbaugh, LLC, the owner of the Frankfort building where the restaurant is located.  Under the agreement, an accessible entrance ramp will be installed at the main entrance and a new, accessible bathroom will be constructed.  In addition, signage at the restaurant will be modified to comply with the ADA’s requirements.

“Making sure that individuals with disabilities have equal access to public places is not only the right thing to do, it is the law,” said Robert M. Duncan, Jr., U.S. Attorney for the Eastern District of Kentucky. “The Department of Justice is tasked with ensuring that the protections of the ADA are not hollow rights, and we will continue our efforts to confirm that places of public accommodation are accessible to everyone.”

This matter was handled by Assistant United States Attorneys Carrie Pond and Hydee Hawkins, as part of the Department of Justice’s civil rights enforcement efforts.

The year 2020 marks the 30th anniversary of the ADA. The Justice Department plays a central role in advancing the nation’s goal of equal opportunity, full participation, independent living, and economic self-sufficiency for people with disabilities. The Justice Department will continue to use its enforcement and technical assistance tools to eliminate unlawful discrimination against individuals with disabilities.

For additional information on the ADA or to file an online complaint, visit the ADA’s website at www.ada.gov.

The year 2020 also marks the 150th anniversary of the Department of Justice.  Learn more about the history of our agency at www.Justice.gov/Celebrating150Years.

– END –

LEXINGTON, Ky. – The Department of Justice today announced $2.2 million in grant funding to law enforcement agencies and stakeholders through the Department’s Office of Community Oriented Policing Services (COPS Office) Community Policing Development (CPD) Microgrants Program. COPS Office Director Phil Keith announced 29 awards with award amounts ranging from $15,090 to $100,000. 

In the Eastern District of Kentucky, the Kentucky Office of the Attorney General’s Human Trafficking Project received $100,000 in funding. 

“The Kentucky Office of the Attorney General is a great partner to our Office, particularly in the areas of child exploitation and human trafficking,” said U.S. Attorney for Eastern District of Kentucky, Robert M. Duncan, Jr. “This funding will help KYOAG continue its important work in combatting human trafficking across the Commonwealth.””

“The CPD Microgrants Program is a critical resource to advance innovative community policing projects across the country,” said Director Keith.  “These strategic investments from the COPS Office pay huge dividends to state and local law enforcement agencies and the communities that they serve.”

CPD Microgrants Program funds are used to develop the capacity of local, state, and tribal law enforcement agencies to implement community policing strategies. Applicants were invited to propose demonstration or pilot projects to be implemented in their agency that offer creative ideas to advance crime fighting, community engagement, problem solving, or organizational changes to support community policing in one of the following areas:

• Human Trafficking
• Meeting Rural Law Enforcement Challenges
• Officer Safety and Wellness
• Recruitment, Hiring, and Retention

• School Safety
• Staffing and Allocation Studies
• Victim-Centered Approaches
• Violent Crime
• Youth Engagement

Funding through this program is available for the first time since 2018, following the successful removal of a nationwide injunction. These awards are being announced at a critical time for our country, when community policing strategies are very much needed to improve police and community relations.

The complete list of awards can be found here https://cops.usdoj.gov/pdf/2020AwardDocs/cpdmicrogrants/Award_List.pdf. To learn more about CPD Microgrants, please visit https://cops.usdoj.gov/cpdmicrogrants.  For additional information about the COPS Office, please visit www.cops.usdoj.gov.

The year 2020 marks the 150th anniversary of the Department of Justice.  Learn more about the history of our agency at www.Justice.gov/Celebrating150Years.

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COVINGTON, Ky. - A Florence, Kentucky man, Dylan G. Roland, 29, was sentenced on Thursday, to 156 months in federal prison, by U.S. District Judge David Bunning, for distribution of methamphetamine and possession of a firearm in furtherance of drug trafficking.           

According to his plea agreement, Roland admitted to distributing methamphetamine in April 2019, in Boone County.  Roland further admitted that officers conducted a vehicle stop of two men who had just left his residence, discovering 30 grams of methamphetamine and a firearm.  Roland’s residence was then searched, where officers located 14 grams of methamphetamine, 30 grams of marijuana, drug paraphernalia, approximately $2,500 in cash, and two firearms.           

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

Robert M. Duncan, Jr., United States Attorney for the Eastern District of Kentucky, and James Robert Brown, Special Agent in Charge, FBI, Louisville Field Division, jointly made the announcement. 

The investigation was directed by the FBI.  The United States was represented by Assistant U.S. Attorney Wade Napier.

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 Robert Duncan Jr., coordinates PSN efforts in cooperation with various federal, state, and local law enforcement officials.

The year 2020 marks the 150th anniversary of the Department of Justice.  Learn more about the history of our agency at www.Justice.gov/Celebrating150Years.

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COVINGTON, Ky. – A Florence, Kentucky, man Richard Gearhart, 39, was sentenced today to 50 months in federal prison, by U.S. District Judge David Bunning, for conspiracy to distribute MDMA (ecstasy).

Gearhart previously admitted to conspiring with others to distribute more than 600 grams of MDMA, between August 2014 and July 2019.  According to his plea agreement, numerous packages of MDMA were sent from various overseas locations to Gearhart, through the mail at various addresses.  Officials from U.S. Homeland Security and the Postal Inspection Service seized seven of these packages.  Agents also seized approximately 100 grams of MDMA, two firearms, and items of drug paraphernalia from his residence, on July 17, 2019.  Gearhart was a convicted felon at the time of the commission of this offense.   

Gearhart was indicted in November 2019 and pled guilty in March 2020.  Under federal law, Gearhart must serve at least 85 percent of his prison sentence and will be under of the supervision of the U.S. Probation Office for four years, following his release.            

Robert M. Duncan, Jr., United States Attorney for the Eastern District of Kentuck; James Giehl, Acting Inspector in Charge, Pittsburgh Division, Cincinnati Field Office, United States Postal Inspection Service; Jerry Templet, Special Agent in Charge, United States Department of Homeland Security Investigations; and Christopher Conners, Director of the Northern Kentucky Drug Strike Force, jointly announced the sentence. 

The investigation was conducted by the United States Postal Inspection Service, the Department of Homeland Security, and the Northern Kentucky Drug Strike Force.  The United States was represented by Assistant U.S. Attorney Tony Bracke.

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LEXINGTON, Ky. — Clint Dion Davis, 39, of Lexington, was sentenced today, to 87 months in federal prison, by United States District Judge Danny C. Reeves, for possession of a firearm by a convicted felon. 

According to his plea agreement, in April 2019, officers with the Lexington Police Department, initiated a traffic stop on a vehicle occupied by Davis. Davis admitted to the officers that he was in possession of a firearm.  Officers located a Sig Sauer .40 caliber pistol on his person. Davis has previously been convicted of a felony offense and was prohibited from possessing a firearm.            

Under federal law, Moberly must serve 85 percent of his prison sentence; and upon his release, he will be under the supervision of the United States Probation Office for three years. Davis will also be required to pay a $15,000.

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

This is another 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. 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 Robert Duncan Jr., coordinates PSN efforts in cooperation with various federal, state, and local law enforcement officials.

This case is also part of Project Guardian, the Department of Justice’s signature initiative to reduce gun violence and enforce federal firearms laws. Initiated by the Attorney General in the fall of 2019, Project Guardian draws upon the Department’s past successful programs to reduce gun violence; enhances coordination of federal, state, local, and tribal authorities in investigating and prosecuting gun crimes; improves information-sharing by the Bureau of Alcohol, Tobacco, Firearms and Explosives when a prohibited individual attempts to purchase a firearm and is denied by the National Instant Criminal Background Check System (NICS), to include taking appropriate actions when a prospective purchaser is denied by the NICS for mental health reasons; and ensures that federal resources are directed at the criminals posing the greatest threat to our communities. Click here for more information about Project Guardian.

The year 2020 marks the 150th anniversary of the Department of Justice.  Learn more about the history of our agency at www.Justice.gov/Celebrating150Years.

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LEXINGTON, Ky. - A Jeffersonville, Kentucky, man, Ryan Keith Herndon, 30, was sentenced on Friday to 78 months in federal prison, by U.S. District Judge Karen Caldwell, for selling a firearm to a convicted felon, possessing a firearm as a convicted felon, and distributing a mixture of heroin, valeryl fentanyl, fentanyl, and methamphetamine.           

According to his plea agreement, Herndon admitted that on May 9 and 10 he sold two firearms to a Confidential Informant (CI), who Herndon knew to be a convicted felon at the time of the transactions. Herndon further admitted that he was also a convicted felon and prohibited from owning a firearm. Herndon also admitted to arranging the purchase of and providing various narcotics mixtures to another CI, on May 21 and 22, 2019.

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

Robert M. Duncan, Jr., United States Attorney for the Eastern District of Kentucky, and Shawn Morrow, Special Agent in Charge, ATF, Louisville Field Division, and Chief Terry Landrum, Mt. Sterling Police Department, jointly made the announcement.

The investigation was directed by ATF, with the assistance of the Gateway Area AHIDTA Task Force. The United States was represented by Assistant U.S. Attorney Francisco Villalobos.

The year 2020 marks the 150th anniversary of the Department of Justice. Learn more about the history of our agency at www.Justice.gov/Celebrating150Years.

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LONDON, Ky. - A federal grand jury has indicted, Kenny Ray Raleigh, 42, of Partridge, Ky., on one count of unreasonable force by a police officer acting under color of law and one count of obstruction of justice.

Count One of the indictment alleges that while acting as an Assistant Chief of Police for the Cumberland Police Department, Raleigh willfully deprived an arrestee of the right to be free from unreasonable seizures, which includes the right to be free from the use of unreasonable force by a police officer.  Specifically, the indictment alleges that Raleigh assaulted the arrestee, striking him several times, resulting in bodily injury.    

Count Two of the indictment alleges that Raleigh attempted to persuade a fellow police officer, with the intent to hinder, delay, and prevent the communication of information, from providing information to a federal law enforcement officer and judge regarding the offense.  Specifically, the indictment alleges that Raleigh directed a fellow officer to charge the arrestee with resisting arrest in a citation, in an attempt to prevent communication of information about the unjustified use of force against the arrestee.

The investigation preceding the indictment was conducted by the Federal Bureau of Investigation (FBI).

Raleigh’s next appearance before the United States District Court in London will be a jury trial scheduled for August 25, 2020. As charged in the indictment, Count One carries a maximum penalty of 10 years in prison and Count Two carries a maximum penalty of 20 years.

            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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COVINGTON, Ky. - Hongtao Zhu, 43, Hui Lin, 36, and He Lin, 33, were each sentenced to 46 months in federal prison on Wednesday, by U.S. District Judge David L. Bunning, for trafficking in counterfeit DVDs.

All three defendants pleaded guilty in October 2019, and admitted to conspiring to sell counterfeit DVDs, which were imported from China and sold via eBay, over a two year period.  The DVDs appeared to be genuine Disney productions when, in fact, they were not.  

As part of the judgment, the defendants will be required to pay $898,748.52 in restitution.

Under federal law, each of the defendants must serve 85 percent of their prison sentence and will be under the supervision of the U.S. Probation Office for five years, following their release.

Robert M. Duncan, Jr., United States Attorney for the Eastern District of Kentucky, and Christopher White, Assistant Inspector in Charge, Pittsburgh Division, Cincinnati Field Office, of the United States Postal Inspection Service, jointly made the announcement. 

The investigation was directed by the U.S. Postal Inspection Service, with assistance provided by the Motion Picture Association.  The United States was represented by Assistant U.S. Attorney Elaine Leonhard and former Assistant U.S. Attorney Laura K. Voorhees.

The year 2020 marks the 150th anniversary of the Department of Justice.  Learn more about the history of our agency at www.Justice.gov/Celebrating150Years.

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PIKEVILLE, Ky. - A Salyersville, Ky., man, Tommy Joe Minix, 35, was sentenced to 120 months in federal prison on Thursday, by U.S. District Judge Karen Caldwell, for conspiracy to distribute 50 grams or more of methamphetamine and possession of a firearm in furtherance of drug trafficking.

According to his plea agreement, on April 9, 2018, Minix arranged to sell approximately three ounces of methamphetamine,.  Minix and Scott Linville, 28, of Lexington, Ky., travelled together to deliver the methamphetamine.  Before the methamphetamine could be distribute, officers executed a traffic stop and found approximately 76 grams of methamphetamine, plastic bags, digital scales, and a pistol.  A further search of Minix’s residence revealed four additional firearms and 37 grams of methamphetamine. 

Linville received 60 months in prison for his role in the conspiracy.

Robert M. Duncan, Jr., United States Attorney for the Eastern District of Kentucky, and James Robert Brown, Special Agent in Charge, FBI, Louisville Field Division, jointly made the announcement. 

The investigation was directed by the FBI.  The United States was represented by Assistant U.S. Attorney Andrew Trimble.  

This is another 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. 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 Robert Duncan Jr., coordinates PSN efforts in cooperation with various federal, state, and local law enforcement officials.

This case is part of Project Guardian, the Department of Justice’s signature initiative to reduce gun violence and enforce federal firearms laws. Initiated by the Attorney General in the fall of 2019, Project Guardian draws upon the Department’s past successful programs to reduce gun violence; enhances coordination of federal, state, local, and tribal authorities in investigating and prosecuting gun crimes; improves information-sharing by the Bureau of Alcohol, Tobacco, Firearms and Explosives when a prohibited individual attempts to purchase a firearm and is denied by the National Instant Criminal Background Check System (NICS), to include taking appropriate actions when a prospective purchaser is denied by the NICS for mental health reasons; and ensures that federal resources are directed at the criminals posing the greatest threat to our communities. Click here for more information about Project Guardian.

The year 2020 marks the 150th anniversary of the Department of Justice.  Learn more about the history of our agency at www.Justice.gov/Celebrating150Years.

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PIKEVILLE, KY- Amy Jo King, 40, of Bybro, Ky., and Christopher A. Moore, 41, of Kite, Ky., were sentenced in court on Thursday to 262 months and 108 months, respectively, in federal prison, by U.S. District Judge Karen Caldwell, for conspiracy and possession with intention to distribute methamphetamine.

King admitted that from August 2018 to November 2018, she conspired with Moore and Gregory Phillip Chaffins to distribute 500 grams or more of methamphetamine. According to their plea agreements, King made an arrangement with a methamphetamine dealer in Atlanta, Georgia, where she obtained more 500 grams of methamphetamine and distributed it to other dealers and users, including Moore and Chaffins, who sold it in Floyd, Knott, and Letcher Counties.

Chaffins was sentenced to 200 months in federal prison on Tuesday.

Under federal law, King, Moore, and Chaffins name must serve 85 percent of their prison sentence. Upon release, King will be under the supervision of the U.S. Probation Office for five years, and Moore will be under the supervision of the U.S. Probation Office for four years.

Robert M. Duncan, Jr., United States Attorney for the Eastern District of Kentucky; James Robert Brown, Special Agent in Charge, FBI, Louisville Field Division; and Commissioner Rodney Brewer, Kentucky State Police; jointly made the announcement. 

The investigation was directed by the FBI and KSP. The United States was represented by Assistant U.S. Attorney Jason Parman.

The year 2020 marks the 150th anniversary of the Department of Justice.  Learn more about the history of our agency at www.Justice.gov/Celebrating150Years.

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PIKEVILLE, Ky. - A Pikeville man, Richard Starghill, 43, was sentenced on Tuesday, to 240 months in federal prison, by U.S. District Court Judge Karen Caldwell, following his convictions for being a felon in possession of a pistol and sawed-off shotgun.

According to testimony at his trial, the Kentucky State Police responded to a complaint that Starghill had refused to leave another person’s residence.  He was then found in possession of a loaded revolver and a sawed-off shotgun. Starghill has a lengthy criminal history, including multiple convictions for drug trafficking and a recent conviction for felony assault.

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

Robert M. Duncan, Jr., United States Attorney for the Eastern District of Kentucky; James Robert Brown, Jr., Special Agent in Charge of the FBI Louisville Field Division; and Rodney Brewer, Kentucky State Police Commissioner, jointly announced the conviction.

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

This is another 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. 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 Robert Duncan Jr., coordinates PSN efforts in cooperation with various federal, state, and local law enforcement officials.           

This case is also part of Project Guardian, the Department of Justice’s signature initiative to reduce gun violence and enforce federal firearms laws. Initiated by the Attorney General in the fall of 2019, Project Guardian draws upon the Department’s past successful programs to reduce gun violence; enhances coordination of federal, state, local, and tribal authorities in investigating and prosecuting gun crimes; improves information-sharing by the Bureau of Alcohol, Tobacco, Firearms and Explosives when a prohibited individual attempts to purchase a firearm and is denied by the National Instant Criminal Background Check System (NICS), to include taking appropriate actions when a prospective purchaser is denied by the NICS for mental health reasons; and ensures that federal resources are directed at the criminals posing the greatest threat to our communities. Click here for more information about Project Guardian.           

The year 2020 marks the 150th anniversary of the Department of Justice.  Learn more about the history of our agency at www.Justice.gov/Celebrating150Years.

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PIKEVILLE, Ky. - A Pikeville man, Jimmy Lee Moore, 69, was sentenced to 22 months, by U.S. District Judge Karen Caldwell, after previously pleading guilty to distributing hydrocodone.            

Moore admitted that between 2016 and 2018, he provided hydrocodone and gabapentin to others, in Pikeville, including a minor.  Moore also admitted that he stored and distributed the controlled substances on his property.

Moore pleaded guilty in March 2020.

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 three years. Moore will also be required to pay $20,000 in lieu of forfeiture.

Robert M. Duncan, Jr., United States Attorney for the Eastern District of Kentucky; James Robert Brown, Jr., Special Agent in Charge of FBI, Louisville Field Division; and Christopher Edmonds, Chief of the Pikeville Police Department, jointly announced the sentencing.

The investigation was conducted by the FBI and the Pikeville Police Department.  The United States was represented by Assistant U.S. Attorney Hydee Hawkins.  

The year 2020 marks the 150th anniversary of the Department of Justice.  Learn more about the history of our agency at www.Justice.gov/Celebrating150Years.

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